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HomeMy WebLinkAboutContract 58938CSC No. 58938 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Knoll, Inc by and through G.L. Seaman & Company ("Vendor") as the authorized reseller through OMNIA Partners #2020000608 and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract OMNIA Partners #2020000608; and 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed Twenty Thousand Dollars ($20,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on December 31, 2023 in line with cooperative contract. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: To VENDOR: City of Fort Worth G.L. Seaman & Company Attn: Jesica McEachern, Assistant City Manager Sara Desjardins, Senior Associate 200 Texas Street Fort Worth, TX 76102-6314 Address: Facsimile: (817) 392-8654 4201 International Pkwy Carrollton, TX 75007 With copy to Fort Worth City Attorney's Office at same address Facsimile: 214-764-6420 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: By: Name: Jesica McEachern Title: Assistant City Manager Date: Feb 28, 2023 APPROVAL RECOMMENDED: IC �1'-0 Name: Manya Shoff Title: Library Director ATTEST: ,0,0-p4UQnn� of FORr�aa ° °09.1 d C0Q d % °o* ��naaaaa By: Name: Jannette Goodall Title: City Secretary VENDOR: G.L. Seaman & Company O Date: Digitally signed by Sam Desjardins s DN: cn=Sare Desjardins, o=GL Seaman, Sara Desjardinou, email=sdesjardins@gls—rn, -US Date: 2023.02.22 11:37:48-06'00' Name: Sara Desjardins Title: Senior Associate CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Trnofhv idal By: Timothy Shidal (Feb 22, 2023 12:29 CST) Name: Tim Shidal Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: J ika Williams (Feb 24, 202310:52 CST) Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: CA613FFB-CF2D-4A97-8300-975EBA806817 Exhibit A KNOLL - CONTRACT 2020000608-9 EXHIBIT A.9 - PRICING SHEET 1. FIXED PERCENTAGE (%) DISCOUNT OFF THE MANUFACTURER'S LIST PRICE - FURNITURE CATEGORIES AND OTHER RELATED PRODUCTS CATEGORY VERIFIABLE MANUFACTURER'S LIST PRICE CATALOG AND DATE DROP SHIP INSIDE DELIVERY Systems Furniture Antenna Workspaces, Date: October 2022 68.5% 65.5% Systems Furniture Autostrada, Date: October 2022 68.5% 65.5% Systems Furniture Currents, Date: October 2022 68.5% 65.5% Systems Furniture Dividends Horizon, Date: October 2022 68.5% 65.5% Systems Furniture ReffProfiles Vol I: 26_1/2" Planning, Date: October 2022 68.5% 65.5% Systems Furniture ReffProfiles Vol II: 28 3/8" Planning, Date: October 2022 68.5% 65.5% Systems Furniture Series 2, Date: October 2022 68.5% 65.5% Freestanding Furniture Crinion Open Table Date: October 2022 59.5% 56.5% Freestanding Furniture DatesWeiser, Highline Collection Date: October 2022 41.0% 38.0% Freestanding Furniture DatesWeiser, Highline Vector, Date: October 2022 41.0% 38.0% Freestanding Furniture DatesWeiser, JD Collection Date: October 2022 41.0% 38.0% Freestanding Furniture Islands Collection, Date: October 2022 57.5% 54.5% Freestanding Furniture k. base; k. stand Price List, Date: October 2022 68.5% 65.5% Freestanding Furniture k. bench, Date: October 2022 68.5% 65.5% Freestanding Furniture k. screen, Date: October 2022 68.5% 65.5% Freestanding Furniture KnollExtra, Date: October 2022 59.5% 56.5% Freestanding Furniture KnollStudio Date: October 2022 52.5% 49.5% Freestanding Furniture LSM Collection, Date: October 2022 52.5% 49.5% Freestanding Furniture Pixel Collection, Date: October 2022 57.0% 54.0% Freestanding Furniture Propeller Collection, Date: October 2022 52.5% 49.5% Freestanding Furniture Muuto, Date: September Q3-2022 23.0% 20.0% Freestanding Furniture Rockwell Unscripted, Date: October 2022 57.5% 54.5% Freestanding Furniture Tone, Date: October 2022 68.5% 65.5% Freestanding Furniture Upstart, Date: October 2022 68.5% 65.5% Seating / Chairs Office Seating (Newson Task Seating, k. task, Remix, Life, Generation, Regeneration, Multigeneration), Date: October 2022 59.5% 56.5% Seating / Chairs Office Seating (Moment, 011o), Date: October 2022 52.0% 49.0% Soft Seating k. lounge, Date: October 2022 57.0% 54.0% Soft Seating Pixel Lounge Date: October 2022 57.5% 54.5% Filing Systems, Storage & Equipment Anchor, Date: October 2022 68.5% 65.5% Filing Systems, Storage & Equipment Calibre, Date: October 2022 59.5% 56.5% Filing Systems, Storage & Equipment Quoin, Date: October 2022 68.5% 65.5% Filing Systems, Storage & Equipment Template, Date: October 2022 68.5% 65.5% OTHER RELATED PRODUCTS VERIFIABLE MANUFACTURER'S LIST PRICE CATALOG AND DATE DROP SHIP INSIDE DELIVERY Renewal / Replacement Parts 24 Response, Date October 2022 40.0% n/a 3. FIXED RATE: Storage $1.65/sq ft. N O r N O r N O v�i r N r N O O o. boa °i oa 3 0� o cv o oa ov r N G b r N C `D VNi r N INS, N d 0 , r N G b r N C �D VNi r N lN�, N 0 0 �o, � � off, v3 Fis ova, s9 � �?, F9 vi rrn 69 59 s9 rrn FA s9 a"i a '3 or �, �� �o, �?, rrn ro, •• r dr ' O O r O O .--i 6r9 6�9 O ♦. CY a rN o�, rN o�, VNi rN rN d 0 rN Gvi rN Can V� rN rN O O Fa � F» bs v � zv s9 c» vs z9 zs vs n, F» v� Jo s9 F» zs vj yj v3 vi v> � zv F» c, ► O O O O O O y �. 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A d r N r N h r N r N O O O y ^C] V O y�g 69 O c9 s9 O v3 O Vi fH Vi v3 z9 v3 y a 4 6r9 A v3 s9 zr9 vi s9 69 vi br9 H v3 d 4 z H a F� N r N G V r N 0 VNi r N r N N O r N O V r N O R VNi r N r N i 0 � � 69 69 69 � 69 69 69 69 69 FA 69 a 4 V3 � 69 69 69 � 69 fA 69 fA 69 69 fA d 4 a ti N N O N N O v�i r N r N O N N O N N O v�i r N r N o 0 QO Vi O 4A O 69 O bq C T 69 V3 91 O ] 3 a 4 69 69 EA 69 yj 29 EA 69 Fig G e a r N r N h r N r N o 0 F r N� r N18� r N r N o 0 F r a r a, co r o, r a r a r a oo r a O V r a a. :1 ai �i dal a"iz ai6 wzwdQ a d cC k. d'aS z mi t wz wd L1 w d a n a a a d a d a w v a v p da, F v e b y a a fA 69 fA N3 fA fA V3 fA N3 Q O e Me A G v� v z z a O z d a M d p a M d a O d a a G DocuSign Envelope ID: CA613FFB-CF2D-4A97-8300-975EBA806817 Exhibit B Contract#:2020000608 Amendment#: 9 Vendor#:308719 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG NINTH AMENDMENT TO THE AGREEMENT TO PROVIDE FURNITURE, INSTALLATION, AND RELATED PRODUCTS AND SERVICES THIS NINTH AMENDMENT TO THE AGREEMENT TO PROVIDE FURNITURE, INSTALLATION, AND RELATED PRODUCTS AND SERVICES (this "Ninth Amendment") is made and entered into this 1st of January 2023, by and between Knoll, Inc., a Delaware corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Statement of Background and Intent A. The City of Charlotte and the Company entered into an Agreement for furniture, installation, and related products and services dated January 1, 2020 (the "Contract") pursuant to which the Company agreed to provide furniture, installation, and related products and services for the City of Charlotte. B. The parties amended the Contract to add the Islands Collection and to incorporate changes to the Delivery and Force Majeure clauses. C. The parties amended the Contract to add the k. base product line. D. The parties amended the Contract to add the k. screen product line. E. The parties amended the Contract to incorporate a modification to the list of public agencies in Exhibit E. F. The parties amended the Contract to incorporate price adjustments and the addition to the Domestic Procurement Preference clause in Exhibit D. G. The parties amended the Contract to replace the Commercial Non -Discrimination clause and Pricing Sheets to add product lines and to incorporate price adjustments. H. The parties amended the Contract to replace the Pricing Sheets due to price adjustments. I. The parties now desire to amend the Contract to make adjustments to pricing and to incorporate certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: /:We117DoDouID/e@11 1. The terms of the Contract are restated by and incorporated into this Ninth Amendment by reference. 2. Defined terms used in this Ninth Amendment shall have the same meaning as are assigned to such terms in the Contract. 3. The Pricing Sheets in Exhibit A of the Contract are hereby replaced in their entirety due to price adjustments in the October 3, 2022 verifiable manufacturer's list price catalogs which are attached hereto as Exhibit A.9. KNOLL, INC. AMENDMENT NINE DocuSign Envelope ID: CA613FFB-CF2D-4A97-8300-975EBA806817 Contract#: 2020000608 Amendment#: 9 Vendor#:308719 4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] KNOLL, INC. AMENDMENT NINE DocuSign Envelope ID: CA613FFB-CF2D-4A97-8300-975EBA806817 Contract#: 2020000608 Amendment#: 9 Vendor#:308719 IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Ninth Amendment to be executed as of the date first written above. KNOLL, INC. DocuSigned by: awd-tw plow, BY; KEF16EM6504D4... (signature) PRINT NAME: Andrew Pierce TITLE• Director, Contracting DATE: 9/29/2022 CITY OF CHARLOTTE: CITY MANAGER'S OFFICE BY: (signature) PRINT NAME: TITLE: DATE: KNOLL, INC. AMENDMENT NINE CITY OF CHARLOTTE Digital Contract Routing Form Non -Encumbered Date Submitted: November 07, 2022 Submitted by: Lenore Bishop Submitter email: lenore.bishop@charlottenc.gov Contract #: 2020000608 Amendment #:9 Contract Name: Citywide Furniture Vendor Legal Name: Knoll, Inc Vendor #:308719 REQUIRED ATTACHMENT(S): Use the Paperclip icon to attach a full Contract Document Routing Packet for review by the authorized City individual with signature authority. The Routing Packet MUST include all required components per the direction provided at: The following signatures, once completed, shall be incorporated by reference into the contractual document identified above. City of Charlotte L� aE CONTRACT #: 2020000608 VENDOR #: 308719 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG AGREEMENT TO PROVIDE FURNITURE, INSTALLATION, AND RELATED PRODUCTS AND SERVICES THIS PROFESSIONAL SERVICES CONTRACT (the "Contract") is made and entered into as of this 1 st day of January 2020 (the "Effective Date"), by and between Knoll, Inc., a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). RECITALS WHEREAS, the City issued a Request For Proposals (RFP # 269-2019-105) for Furniture, Installation, and Related Products and Services dated June 19, 2019. This Request for Proposals together with all attachments and addenda, is referred to herein as the "RFP' ; and WHEREAS, the City desires that the Company provide certain Furniture, Installation, and Related Products and Services ("Products") and ("Services"), and the Company desires to provide such Products/Services; and WHEREAS, the City and the Company have negotiated and agreed regarding the above -referenced Services and desire to reduce the terms and conditions of their agreement to this written form. WHEREAS, the City on behalf of itself and any other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, nonprofit entities, and agencies for public benefit that elect to access the Contract (a "Participating Public Agency"), competitively solicited and awarded the Contract to the Company. The City has designated OMNIA Partners as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies. The City is acting as the "Principal Procurement Agent" for the Participating Public Agencies, and shall not be liable or responsible for any costs, damages, liability or other obligations incurred by the Participating Public Agencies. The Company (including its subsidiaries and distributors) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing, payment and all other matters relating or referring to such Participating Public Agency's access to the Contract. Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Principle Procurement Agencies' Contract. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the parties agree as follows: CONTRACT 1. EXHIBITS. The Exhibits below are hereby incorporated into and made a part of this Contract. With the exception of Exhibit D (Federal Contract Terms and Conditions), any conflict between language in an Exhibit or Appendix to this Contract and the main body of this Contract shall be resolved in favor of the main body of this Contract and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Notwithstanding anything contained in this Contract or any Exhibit to the contrary, in the event of a conflict between the language of Exhibit D and the main body CONTRACT #: 2020000608 VENDOR #: 308719 of this Contract or any other Exhibit to this Contract, the language of Exhibit D shall prevail. Each reference to Knoll, Inc. in the Exhibits and Appendices shall be deemed to mean the Company. EXHIBIT A: PRICING SHEET EXHIBIT B: SCOPE OF WORK EXHIBIT C: PROPOSAL RESPONSE FORMS EXHIBIT D: FEDERAL CONTRACT TERMS AND CONDITIONS 2. DEFINITIONS. This section may include, but not be limited to, terms defined in Section 2 of the RFP. 3. DESCRIPTION OF PRODUCTS AND SERVICES. 3.1. The Company shall be responsible for providing the Products and Services described in Exhibit B attached to this Contract and incorporated herein by reference. Without limiting the foregoing, the Company will perform the Services and meet the requirements as set forth in Exhibit B. However, the Company shall not be responsible for tasks specifically assigned to the City in this Contract or in Exhibit B. 3.2. The Company shall perform the Services on site at the City's facility in Charlotte, North Carolina, except as mutually agreed upon in writing in specific instances by the City. 4. COMPENSATION. 4.1. TOTAL FEES AND CHARGES. The City agrees to pay the Company a fixed price (the "Purchase Price") as full and complete consideration for the satisfactory performance of all the requirements of this Contract. This amount constitutes the maximum total fees and charges payable to the Company under this Contract including Expenses and will not be increased except by a written instrument duly executed by both parties, which expressly states that it amends this Section of the Contract. 4.2. NO EXPENSES CHARGEABLE. The Company shall not be entitled to charge the City for any travel, mileage, meals, materials or other costs or expenses associated with this Contract. 4.3. EMPLOYMENT TAXES AND EMPLOYEE BENEFITS. The Company represents and warrants that the employees provided by the Company to perform the Services are actual employees of the Company, and that the Company shall be responsible for providing all salary and other applicable benefits to each Company employee. The Company further represents, warrants and covenants that it will pay all withholding tax, social security, Medicare, unemployment tax, worker's compensation and other payments and deductions that are required by law for each Company employee. The Company agrees that the Company employees are not employees of the City. 4.4. INVOICES. Each invoice sent by the Company shall detail all Services performed and delivered which are necessary to entitle the Company to the requested payment under the terms of this Contract. All invoices must include an invoice number and the City purchase order number for purchases made under this Contract. Purchase order numbers will be provided by the City. Invoices must be submitted with lines matching those on the City -provided purchase order. The Company shall email all invoices to cocgpkcharlottenc.. og_v. 4.5. DUE DATE OF INVOICES. Payment of invoices shall be due within thirty (30) days after receipt of an accurate, undisputed properly submitted invoice by the City. 4.6. PRE -CONTRACT COSTS. The City shall not be charged for any Products/Services or other work performed by the Company prior to the Effective Date of this Contract. 4.7. AUDIT. During the term of this Contract and for a period of one (1) year after termination of CONTRACT #: 2020000608 VENDOR #: 308719 this Contract, the City shall have the right to audit, either itself or through an independent auditor, all books and records and facilities of the Company necessary to evaluate Company's compliance with the terms and conditions of this Contract or the City's payment obligations. The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $10,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit. 5. TIME IS OF THE ESSENCE. Time is of the essence in having the Company provide Products and perform all Services and deliver all Deliverables within the time frames provided by this Contract and Exhibit B, including all completion dates, response times and resolution times (the "Completion Dates"). Except as specifically stated in this Contract, there shall be no extensions of the Completion Dates. All references to days in this Contract (including the Exhibits) shall refer to calendar days rather than business days, unless this Contract provides otherwise for a specific situation. 6. NON -APPROPRIATION OF FUNDS. If the Charlotte City Council does not appropriate the funding needed by the City to make payments under this Contract for any given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City will promptly notify the Company of the non -appropriation and this Contract will be terminated at the end of the fiscal year for which the funds were appropriated. No act or omission by the City, which is attributable to non -appropriation of funds shall constitute a breach of or default under this Contract. 7. COMPANY PROJECT MANAGER. The duties of the Company Project Manager include, but are not limited to: 7.1. Coordination of Project schedules and the Company's resource assignment based upon the City's requirements and schedule constraints; 7.2. Management of the overall Project by monitoring and reporting on the status of the Project and actual versus projected progress, and by consulting with the City's Project Manager when deviations occur and by documenting all such deviations in accordance with agreed upon change control procedures; 7.3. Provision of consultation and advice to the City on matters related to Project implementation strategies, key decisions and approaches, and Project operational concerns/issues and acting as a conduit to the Company's specialist resources that may be needed to supplement the Company's normal implementation staff, 7.4. Acting as the Company's point of contact for all aspects of contract administration, including invoicing for Products/Services, and status reporting; 7.5. Facilitation of review meetings and conferences between the City and the Company's executives when scheduled or requested by the City; 7.6. Communication among and between the City and the Company's staff, 7.7. Promptly responding to the City Project Manager when consulted in writing or by E-mail with respect to Project deviations and necessary documentation; 7.8. Identifying and providing the City with timely written notice of all issues that may threaten the Company's Products/Services in the manner contemplated by the Contract (with "timely" meaning immediately after the Company becomes aware of them); 7.9. Ensuring that adequate quality assurance procedures are in place throughout the Contract; and 7.10. Meeting with other service providers working on City projects that relate to this effort as necessary to resolve problems and coordinate the Products/Services. CONTRACT #: 2020000608 VENDOR #: 308719 8. CITY PROJECT MANAGER. The duties of the City Project Manager are to (i) ensure that the Company delivers all requirements and specifications in the Contract; (ii) coordinate the City's resource assignment as required to fulfill the City's obligations pursuant to the Contract; (iii) promptly respond to the Company Project Manager when consulted in writing or by E-mail with respect to project issues; and (iv) act as the City's point of contact for all aspects of the Products/Services including contract administration and coordination of communication with the City's staff. The City shall be allowed to change staffing for the City Project Manager position on one (1) business day's notice to the Company. 9. DUTY OF COM ANY TO IDENTIFY AND REQUEST INFORMATION, PERSONNEL AND FACILITIES. The Company shall identify and request in writing from the City in a timely manner: (i) all information reasonably required by the Company to perform each task comprising the Services, (ii) the City's personnel whose presence or assistance reasonably may be required by the Company to perform each task comprising the Services, and (iii) any other equipment, facility or resource reasonably required by the Company to perform the Services. Notwithstanding the foregoing, the Company shall not be entitled to request that the City provide information, personnel or facilities other than those that Exhibit B specifically requires the City to provide, unless the City can do so at no significant cost. The Company shall not be relieved of any failure to perform under this Contract by virtue of the City's failure to provide any information, personnel, equipment, facilities or resources: (i) that the Company failed to identify and request in writing from the City pursuant to this Section; or (ii) that the City is not required to provide pursuant to this Contract. In the event the City fails to provide any information, personnel, facility or resource that it is required to provide under this Section, the Company shall notify the City in writing immediately in accordance with the notice provision of this Contract. Failure to do so shall constitute a waiver by Company of any claim or defense it may otherwise have based on the City's failure to provide such information, personnel, facility or resource. 10. COMPANY PERSONNEL REM AL, REPLACEMENT, PROM ION, ETC. 10.1. The City will have the right to require the removal and replacement of any personnel of the Company or the Company's subcontractors who are assigned to provide Products/Services to the City based on experience, qualifications, performance, conduct, compatibility, and violation of City policy or any other reasonable grounds. The addition or promotion of any personnel to key positions within the Project must be approved by the City in writing. The Company will replace any personnel that leave the Project, with persons having at least equivalent qualifications who are approved by the City in writing. As used in this Contract, the "personnel" includes all staff provided by the Company or its subcontractors. 11. BACKGROUND CHECKS. Prior to starting work under this Contract, the Company is required to conduct a background check on each Company employee assigned to work under this Contract, and shall require its subcontractors (if any) to perform a background check on each of their employees assigned to work under this Contract (collectively, the "Background Checks"). Each Background Check must include: (i) the person's criminal conviction record from the states and counties where the person lives or has lived in the past seven (7) years; and (ii) a reference check. After starting work under this Contract, the Company is required to perform a Background Check for each new Company employee assigned to work under this Contract during that year, and shall require its subcontractors (if any) to do the same for each of their employees. If the Company undertakes a new project under this Contract, then prior to commencing performance of the project the Company shall perform a Background Check for each Company employee assigned to work on the project, and shall require its subcontractors (if any) to do the same for each of their employees. If a person's duties under this Contract fall within the categories described below, the Background Checks that the Company will be required to perform (and to have its subcontractors perform) shall also include the following additional investigation: 0 If the job duties require driving: A motor vehicle records check. CONTRACT #: 2020000608 VENDOR #: 308719 • If the job duties include responsibility for initiating or affecting financial transactions: A credit history check. • If job duties include entering a private household or interaction with children: A sexual offender registry check. The Company must follow all State and Federal laws when conducting Background Checks, including but not limited to the Fair Credit Reporting Act requirements, and shall require its subcontractors to do the same. The Company shall notify the City of any information discovered in the Background Checks that may be of potential concern for any reason. The City may conduct its own background checks on principals of the Company as the City deems appropriate. By operation of the public records law, background checks conducted by the City are subject to public review upon request. 12. ACCEPTANCE OF TASKS AND DELIVERABLES. Within a reasonable time after a particular Deliverable has been completed (or such specific time as may be set forth in Exhibit B), the Company shall submit a written notice to the City's Project Manager stating the Deliverable(s) that have been met. This notice shall include a signature page for sign -off by the City Project Manager indicating acceptance of such Deliverable(s). If the City Project Manager is not satisfied that the Deliverable(s) has been met, a notice of rejection (a "Rejection Notice") shall be submitted to the Company by the City Project Manager that specifies the nature and scope of the deficiencies that the City wants corrected. Upon receipt of a Rejection Notice, the Company shall: (i) act diligently and promptly to correct all deficiencies identified in the Rejection Notice, and (ii) immediately upon completing such corrections give the City a written, dated certification that all deficiencies have been corrected (the "Certification"). In the event the Company fails to correct all deficiencies identified in the Rejection Notice and provide a Certification within thirty (30) days after receipt of the Rejection Notice, the City shall be entitled to terminate this Contract for default without further obligation to the Company and without obligation to pay for the defective work. Upon receipt of the corrected Deliverable(s), or a Certification, whichever is later, the above -described Acceptance procedure shall recommence. The City shall not be obligated to allow the Company to recommence curative action with respect to any deficiency previously identified in a Rejection Notice, or more than once for any given Deliverable (and shall be entitled to terminate this Contract for default if the Company does not meet this time frame). 13. NON -EXCLUSIVITY. The Company acknowledges that it is one of several providers of Furniture, Installation, and Related Products and Services to the City and the City does not represent that it is obligated to contract with the Company for any particular project. 14. EACH PARTY TO BEAR ITS OWN NEGOTIATION COSTS. Each party shall bear its own cost of negotiating this Contract and developing the exhibits. The City shall not be charged for any Products/Services or other work performed by the Company prior to the Effective Date. 15. REPRESENTATIONS AND WARRANTIES OF COMPANY. 15.1. GENERAL WARRANTIES. 15.1.1. The Products/Services shall satisfy all requirements set forth in this Contract, including but not limited to the attached Exhibits; 15.1.2. The Company has taken and will continue to take sufficient precautions to ensure that it will not be prevented from performing all or part of its obligations under this Contract by virtue of interruptions in the computer systems used by the Company; 15.1.3. All Products provided and Services performed by the Company and/or its CONTRACT #: 2020000608 VENDOR #: 308719 subcontractors pursuant to this Contract shall meet the highest industry standards and Services shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge; 15.1.4. Neither the Products/Services nor any Deliverables provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; 15.1.5. The Company and each Company employee provided by the Company to the City shall have the qualifications, skills and experience necessary to provide Products and perform the Services described or referenced in Exhibit B; 15.1.6. All information provided by the Company about each Company employee is accurate; and 15.1.7. Each Company employee is an employee of the Company, and the Company shall make all payments and withholdings required for by law for the Company for such employees. 15.2. ADDITIONAL WARRANTIES. The Company further represents and warrants that: 15.2.1. It is a legal entity and if incorporated, duly incorporated, validly existing and in good standing under the laws of the state of its incorporation or licensing and is qualified to do business in North Carolina; 15.2.2. It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract; 15.2.3. The execution, delivery, and performance of this Contract have been duly authorized by the Company; 15.2.4. No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract; 15.2.5. In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses; and 15.2.6. The performance of this Contract by the Company and each Company employee provided by the Company will not violate any contracts or agreements with third parties or any third party rights (including but not limited to non -compete agreements, non -disclosure agreements, patents, trademarks or intellectual property rights). 16. OTHER OBLIGATIONS OF THE COMPANY. 16.1. WORK ON CITY'S PREMISES. The Company and all its employees will, whenever on the City's premises, obey all instructions and City policies that are provided with respect to providing Products and performing Services on the City's premises. 16.2. RESPECTFUL AND COURTEOUS BEHAVIOR. The Company shall assure that its employees interact with City employees and the public in a courteous, helpful and impartial manner. All employees of the Company in both field and office shall refrain from belligerent behavior and/or profanity. Correction of any such behavior and language shall be the responsibility of the Company. 16.3. REPAIR OR REPLACEMENT OF DAMAGED EQUIPMENT OR FACILITIES. In the event that the Company causes damage to the City's equipment or facilities, the Company shall, at its own expense, promptly repair or replace such damaged items to restore them to the same level of functionality that they possessed prior to the Company's action. CONTRACT #: 2020000608 VENDOR #: 308719 16.4. REGENERATION OF LOST OR DAMAGED DATA. With respect to any data that the Company or any Company employees have negligently lost or negligently damaged, the Company shall, at its own expense, promptly replace or regenerate such data from the City's machine-readable supporting material, or obtain, at the Company's own expense, a new machine-readable copy of lost or damaged data from the City's data sources. 16.5. NC E-VERIFY REQUIREMENT. The Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well. 16.6. NC PROHIBITION ON CONTRACTS WITH COMPANIES THAT INVEST IN IRAN OR BOYCOTT ISRAEL. Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58 (collectively, the "Treasurer's IDA List"); (ii) it has not been designated by the NC State Treasurer pursuant to N.C.G.S. 147-86.81 as a company engaged in the boycott of Israel (such designation being referred to as the "Treasurer's IB List"); and (iii) it will not take any action causing it to appear on the Treasurer's IDA List or the Treasurer's IB List during the term of this Contract. In signing this Contract Company further agrees, as an independent obligation, separate and apart from this Contract, to reimburse the City for any and all damages, costs and attorneys' fees incurred by the City in connection with any claim that this Contract or any part thereof is void due to Company appearing on the Treasurer's IDA List or the Treasurer's IB List at any time before or during the term of this Contract. 17. REMEDIES. 17.1. RIGHT TO COVER. If the Company fails to meet any completion date or resolution time set forth in this Contract (including the Exhibits) or the Project Plan, the City may take any of the following actions with or without terminating this Contract, and in addition to and without limiting any other remedies it may have: a. Employ such means as it may deem advisable and appropriate to perform itself or obtain the Products/Services from a third party until the matter is resolved and the Company is again able to resume performance under this Contract; and b. Deduct any and all expenses incurred by the City in obtaining or performing the Products/Services from any money then due or to become due the Company and, should the City's cost of obtaining or performing the products/services exceed the amount due the Company, collect the amount due from the Company. 17.2. RIGHT TO WITHHOLD PAYMENT. If the Company breaches any provision of this Contract, the City shall have a right to withhold all payments due to the Company until such breach has been fully cured. 17.3. SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF. The Company agrees that monetary damages are not an adequate remedy for the Company's failure to provide the Products/Services or Deliverables as required by this Contract, nor could monetary damages be the equivalent of the performance of such obligation. Accordingly, the Company hereby consents to an order granting specific performance of such obligations of the Company in a court of competent jurisdiction within the State of North Carolina. The Company further consents to the City obtaining injunctive relief (including a temporary restraining order) to assure performance in the event the Company breaches this Contract. 17.4. SETOFF. Each party shall be entitled to setoff and deduct from any amounts owed to the other party pursuant to this Contract all damages and expenses incurred or reasonably anticipated as a result of the other party's breach of this Contract. 17.5. OTHER REMEDIES. Upon breach of this Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and CONTRACT #: 2020000608 VENDOR #: 308719 not exclusive and may be exercised successively or concurrently, in addition to any other available remedy. 18. TERM AND TERMINATION OF CONTRACT. 18.1. TERM. This Contract shall commence on the Effective Date and shall continue in effect for five (5) years with the City having the unilateral right to renew for two (2) consecutive one (1) year terms. 18.2. TERMINATION FOR CONVENIENCE. The City may terminate this Contract at any time without cause by giving thirty (30) days prior written notice to the Company. As soon as practicable after receipt of a written notice of termination without cause, the Company shall submit a statement to the City showing in detail the Products provided and Services performed under this Contract through the date of termination. The foregoing payment obligation is contingent upon: (i) the Company having fully complied with Section 18.8; and (ii) the Company having provided the City with written documentation reasonably adequate to verify the Products received and the number hours of Services rendered through the termination date and the percentage of completion of each task. 18.3. TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events: a. The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non -defaulting party; or b. The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof, or c. The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under the Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party's assets or properties. Any notice of default shall identify this Section of this Contract and shall state the party's intent to terminate this Contract if the default is not cured within the specified period. Notwithstanding anything contained herein to the contrary, upon termination of this Contract by the Company for default, the Company shall continue to provide the Products and perform the Services required by this Contract for the lesser of: (i) six (6) months after the date the City receives the Company's written termination notice; or (ii) the date on which the City completes its transition to a new service provider. 18.4. ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon the occurrence of one or more of the following events (which shall each constitute separate grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed): a. Failure of the Company to complete a particular task by the completion date set forth in this Contract; CONTRACT #: 2020000608 VENDOR #: 308719 b. The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, the Company's Proposal, or any covenant, agreement, obligation, term or condition contained in this Contract; or c. The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of insurance as required by this Contract. 18.5. NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the Services or any warranties or repossess, disable or render unusable any software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise. 18.6. CANCELLATION OF ORDERS AND SUBCONTRACTS. In the event this Contract is terminated by the City for any reason prior to the end of the term, the Company shall, upon termination, immediately discontinue all service in connection with this Contract and promptly cancel all existing orders and subcontracts, which are chargeable to this Contract. As soon as practicable after receipt of notice of termination, the Company shall submit a statement to the City showing in detail the Services in process or performed under this Contract to the date of termination. 18.7. AUTHORITY TO TERMINATE. The following persons are authorized to terminate this Contract on behalf of the City: (i) the City Manager, any Assistant City Manager, or any designee of the City Manager; or (ii) the Department Director of the City Department responsible for administering this Contract. 18.8. OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly return to the City (i) all computer programs, files, documentation, media, related material and any other material and equipment that are owned by the City; (ii) all Deliverables that have been completed or that are in process as of the date of termination; and (iii) a written statement describing in detail all work performed with respect to Deliverables which are in process as of the date of termination. The expiration or termination of this Contract shall not relieve either party of its obligations regarding "Confidential Information," as defined in this Contract. 18.9. NO EFFECT ON TAXES, FEES, CHARGES OR REPORTS. Any termination of this Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company. 18.10. OTHER REMEDIES. The remedies set forth in this Section and Section 19 shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other remedies available under this Contract or at law or in equity. 19. TRANSITION PRODUCTS/SERVICES UPON TERMINATION. Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products/Services provided by the Company to the City. Prior to termination or expiration of this Contract, the City may require the Company to perform and, if so required, the Company shall perform certain transition services necessary to shift the Products/Services of the Company to another provider or to the City itself as described below (the "Transition Services"). Transition Services may include but shall not be limited to the following: CONTRACT #: 2020000608 VENDOR #: 308719 • Working with the City to jointly develop a mutually agreed upon Transition Services Plan to facilitate the termination of the Products/Services; • Notifying all affected service providers and subcontractors of the Company; • Performing the Transition Services; • Answering questions regarding the Products/Services on an as -needed basis; and • Providing such other reasonable services needed to effectuate an orderly transition to a new service provider. 20. CHANGES. In the event changes to the Products/Services (collectively "Changes"), become necessary or desirable to the parties, the parties shall follow the procedures set forth in this Section. A Change shall be effective only when documented by a written, dated agreement executed by both parties that expressly references and is attached to this Contract (a "Change Statement"). The Change Statement shall set forth in detail: (i) the Change requested, including all modifications of the duties of the parties; (ii) the reason for the proposed Change; and (iii) a detailed analysis of the impact of the Change on the results of the Products/Services and time for delivery and completion of the Products/Services, including the impact on all Milestones and delivery dates and any associated price. In the event either party desires a Change, the Project Manager for such party shall submit to the other party's Project Manager a proposed Change Statement. If the receiving party does not accept the Change Statement in writing within ten (10) days, the receiving party shall be deemed to have rejected the Change Statement. If the parties cannot reach agreement on a proposed Change, the Company shall nevertheless continue to render performance under this Contract in accordance with its (unchanged) terms and conditions. Changes that involve or increase in the amounts payable by the City may require execution by the City Manager or a designee depending on the amount. Some increases may also require approval by Charlotte City Council. 21. CITY OWNERSHIP OF WORK PRODUCT. 21.1. The parties agree that the City shall have exclusive ownership of all reports, documents, designs, ideas, materials, reports, concepts, plans, creative works, and other work product developed for or provided to the City in connection with this Contract, and all patent rights, copyrights, trade secret rights and other intellectual property rights relating thereto (collectively the "Intellectual Property"). The Company hereby assigns and transfers all rights in the Intellectual Property to the City. The Company further agrees to execute and deliver such assignments and other documents as the City may later require to perfect, maintain and enforce the City's rights as sole owner of the Intellectual Property, including all rights under patent and copyright law. The Company hereby appoints the City as attorney in fact to execute all such assignments and instruments and agree that its appointment of the City as an attorney in fact is coupled with an interest and is irrevocable. 21.2. The City grants the Company a royalty -free, non-exclusive license to use and copy the Intellectual Property to the extent necessary to perform this Contract. The Company shall not be entitled to use the Intellectual Property for other purposes without the City's prior written consent, and shall treat the Intellectual Property as "Confidential Information" pursuant to Section 25 of the Contract. 21.3. The Company will treat as Confidential Information under the Confidentiality and Non - Disclosure Contract all data in connection with the Contract. City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by the Contract. CONTRACT #: 2020000608 VENDOR #: 308719 22. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day administrative activities of the other; or (ii) constitute such parties as partners, joint venturers, co -owners or otherwise as participants in a joint or common undertaking; or (iii) make either party an agent of the other, or any Company employee an agent or employee of the City, for any purpose whatsoever. Neither party nor its agents or employees is the representative of the other for any purpose, and neither has power or authority to act as agent or employee to represent, to act for, bind, or otherwise create or assume any obligation on behalf of the other. 23. INDEMNIFICATION. Except to the extent any such liability is directly caused by the gross negligence of the Indemnitees, to the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the "Indemnitees" (as defined below) from and against any and all "Charges" (as defined below) paid or incurred as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Services or any products or deliverables provided to the City pursuant to this Contract ("Infringement Claims"); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; (iii) arising from the Company's failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker's compensation, failure to withhold taxes and the like. For purposes of this Section: (i) the term "Indemnitees" means the City, any federal agency that funds all or part of this Contract, and each of the City's and such federal agency's officers, officials, employees, agents and independent contractors (excluding the Company); and (ii) the term "Charges" means any and all losses, damages, costs, expenses (including reasonable attorneys' fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts). If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right to continue using the affected product or service; or (ii) repair or replace the infringing product or service so that it becomes non -infringing, provided that the performance of the overall product(s) and service(s) provided to the City shall not be adversely affected by such replacement or modification. If the Company is unable to comply with the preceding sentence within thirty (30) days after the City is directed to cease use of a product or service, the Company shall promptly refund to the City all amounts paid under this Contract. This Section 23 shall remain in force despite termination of this Contract (whether by expiration of the term or otherwise). 24. SUBCONTRACTING. Should the Company choose to subcontract, the Company shall be the prime contractor and shall remain fully responsible for performance of all obligations that it is required to perform under the Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary. 25. CONFIDENTIAL INFORMATION. 25.1. CONFIDENTIAL INFORMATION. Confidential Information includes any information, not generally known in the relevant trade or industry, obtained from the City or its vendors or licensors or which falls within any of the following general categories: 25.1.1. Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its suppliers, contractors or licensors: (a) that derives value from being secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples CONTRACT #: 2020000608 VENDOR #: 308719 of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures. 25.1.2. Information of the City or its suppliers, contractors or licensors marked "Confidential" or "Proprietary. " 25.1.3. Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City. 25.1.4. Information contained in the City's personnel files, as defined by N.C. Gen. Stat. 160A- 168. This consists of all information gathered and/or maintained by the City about employees, except for that information which is a matter of public record under North Carolina law. 25.1.5. Citizen or employee social security numbers collected by the City. 25.1.6. Computer security information of the City, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes. 25.1.7. Local tax records of the City that contains information about a taxpayer's income or receipts. 25.1.8. Any attorney / City privileged information disclosed by either party. 25.1.9. Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc. 25.1.10.The name or address of individual homeowners who, based on their income, have received a rehabilitation grant to repair their home. 25.1.11.Building plans of city -owned buildings or structures, as well as any detailed security plans. 25.1.12.Billing information of customers compiled and maintained in connection with the City providing utility services. 25.1.13.Other information that is exempt from disclosure under the North Carolina public records laws. Categories stated in Sections 25.1.3 through 25.1.13 above constitute "Highly Restricted Information," as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by this Contract, and agrees that: (i) all provisions in this Contract applicable to Confidential Information shall apply to Highly Restricted Information; and (ii) the Company will also comply with any more restrictive instructions or written policies that may be provided by the City from time to time to protect the confidentiality of Highly Restricted Information. The parties acknowledge that in addition to information disclosed or revealed after the date of this Contract, the Confidential Information shall include information disclosed or revealed within one (1) year prior to the date of this Contract. 25.2. RESTRICTIONS. The Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below: 25.2.1. It shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information. 25.2.2. It shall not, directly or indirectly, disclose, divulge, reveal, report or transfer CONTRACT #: 2020000608 VENDOR #: 308719 Confidential Information of the other to any third parry or to any individual employed by the Company, other than an employee, agent, subcontractor or vendor of the City or Company who: (i) has a need to know such Confidential Information, and (ii) has executed a confidentiality agreement incorporating substantially the form of this Section of the Contract and containing all protections set forth herein. 25.2.3. It shall not use any Confidential Information of the City for its own benefit or for the benefit of a third party, except to the extent such use is authorized by this Contract or other written agreements between the parties hereto, or is for the purpose for which such Confidential Information is being disclosed. 25.2.4. It shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information of the other. 25.2.5. The Company shall use its best efforts to enforce the proprietary rights of the City and the City's vendors, licensors and suppliers (including but not limited to seeking injunctive relief where reasonably necessary) against any person who has possession of or discloses Confidential Information in a manner not permitted by this Contract. 25.2.6. In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, the Company shall assert this Contract as a ground for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information. 25.2.7. All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon satisfaction of the purpose of the disclosure of such information. 25.3. EXCEPTIONS. The parties agree that the Company shall have no obligation with respect to any Confidential Information which the Company can establish: 25.3.1. Was already known to the Company prior to being disclosed by the disclosing party; 25.3.2. Was or becomes publicly known through no wrongful act of the Company; 25.3.3. Was rightfully obtained by the Company from a third party without similar restriction and without breach hereof; 25.3.4. Was used or disclosed by the Company with the prior written authorization of the City; 25.3.5. Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, the Company shall first give to the City notice of such requirement or request; 25.3.6. Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take use its best efforts to obtain an agreement or protective order providing that, to the greatest possible extent possible, this Contract will be applicable to all disclosures under the court order or subpoena. 25.4. UNINTENTIONAL DISCLOSURE. Notwithstanding anything contained herein in to the contrary, in the event that the Company is unintentionally exposed to any Confidential Information of the City, the Company agrees that it shall not, directly or indirectly, disclose, divulge, reveal, report or transfer such Confidential Information to any person or entity or use such Confidential Information for any purpose whatsoever. 25.5. REMEDIES. The Company acknowledges that the unauthorized disclosure of the Confidential CONTRACT #: 2020000608 VENDOR #: 308719 Information of the City will diminish the value of the proprietary interests therein. Accordingly, it is agreed that if the Company breaches its obligations hereunder, the City shall be entitled to equitable relief to protect its interests, including but not limited to injunctive relief, as well as monetary damages. 26. INSURANCE. 26.1. TYPES OF INSURANCE. The Company shall obtain and maintain during the life of this Contract, with an insurance company rated not less than "A" by A.M. Best, authorized to do business in the State of North Carolina, acceptable to the Charlotte -Mecklenburg, Risk Management Division the following insurance: 26.1.1. Automobile Liability - Bodily injury and property damage liability covering all owned, non -owned and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident and $1,000,000 property damage, or $1,000,000 combined single limit - bodily injury and property damage. 26.1.2. Commercial General Liability - Bodily injury and property damage liability as shall protect the Company and any subcontractor performing Services under this Contract, from claims of bodily injury or property damage which arise from performance of this Contract, whether such operations are performed by the Company, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate, or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, operations, personal and advertising injury, and contractual liability, assumed under the indemnity provision of this Contract. 26.1.3. Workers' Compensation and Employers Liability - meeting the statutory requirements of the State of North Carolina, $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit. The Company shall not provide any Products or commence any Services in connection with this Contract until it has obtained all of the foregoing types of insurance and such insurance has been approved by the City. The Company shall not allow any subcontractor to provide any Products or commence Services on its subcontract until all similar insurance required of the subcontractor has been obtained and approved. 26.2. OTHER INSURANCE REQUIREMENTS. 26.2.1. The City shall be exempt from, and in no way liable for any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance. 26.2.2. The City of Charlotte shall be named as an additional insured for operations or services rendered under the general liability coverage. The Company's insurance shall be primary of any self -funding and/or insurance otherwise carried by the City for all loss or damages arising from the Company's operations under this agreement. 26.2.3. Certificates of such insurance will be furnished to the City and shall contain the provision that the City be given thirty (30) days' written notice of any intent to amend coverage reductions or material changes or terminate by either the insured or the insuring Company. 26.2.4. Should any or all of the required insurance coverage be self-funded/self-insured, a copy of the Certificate of Self -Insurance or other documentation from the North Carolina Department of Insurance shall be furnished to the City. CONTRACT #: 2020000608 VENDOR #: 308719 26.2.5. If any part of the Products/Services under this Contract is sublet, the subcontractor shall be required to meet all insurance requirements as listed above. However, this will in no way relieve the Company from meeting all insurance requirements or otherwise being responsible for the subcontractor. 27. COMMERCIAL NON-DISCRIMINATION. As a condition of entering into this Contract, the Company represents and warrants that it will fully comply with the City's Commercial Non - Discrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions. As a condition of entering into this Contract, the Company agrees to: (i) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (ii) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City's Non -Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy. The Company agrees to provide to the City from time to time on the City's request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time. The Company understands and agrees that violation of this Commercial Non -Discrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions. 28. NOTICES. Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective. Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to: CONTRACT #: 2020000608 VENDOR #: 308719 For the Company: For the City: Wayne McDorman Kay Elmore Knoll, Inc. City of Charlotte 1050 K Street, NW City Procurement 2" d Floor 600 East Fourth Street, 9th Floor Washington, DC 20001 Charlotte, NC 28202 Phone: 703-501-4855 Phone: 704-336-2524 Fax: 202-973-0468 Fax: 704-632-8252 E-mail: wmcdorman knoll.com E-mail: kelmore charlottenc. ov With Copy To: With Copy To: Andrew Pierce Adam Jones Knoll, Inc. City of Charlotte Knoll Contracts City Attorne 's Office 1235 Water Street 600 East Fourth Street, 15th Floor East Greenville, PA 18041 Charlotte, NC 28202 Phone: 215-679-1830 Phone: 704-336-3012 E-mail: a ierce knoll.com E-mail: am'ones charlottenc. ov All other notices shall be sent to the other party's Project Manager at the most recent address provided in writing by the other parry. 29. MISCELLANEOUS. 29.1. ENTIRE AGREEMENT. This Contract is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral. 29.2. AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by both parties to this Contract. 29.3. GOVERNING LAW AND JURISDICTION. The parties acknowledge that this Contract is made and entered into in Charlotte, North Carolina, and will be performed in Charlotte, North Carolina. The parties further acknowledge and agree that North Carolina law shall govern all the rights, obligations, duties and liabilities of the parties under this Contract, and that North Carolina law shall govern interpretation and enforcement of this Contract and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). The parties further agree that any and all legal actions or proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By the execution of this Contract, the parties submit to the jurisdiction of said courts and hereby irrevocably waive any and all objections, which they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina. 29.4. BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign any of the rights and obligations thereunder without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. 29.5. CITY NOT LIABLE FOR DELAYS. It is agreed that the City shall not be liable to the Company, its agents or representatives or any subcontractor for or on account of any stoppages or delay in the performance of any obligations of the City or any other party hereunder caused by injunction or other legal or equitable proceedings or on account of any other delay for any cause beyond the City's reasonable control. The City shall not be liable under any circumstances for lost profits or any other consequential, special or indirect damages. CONTRACT #: 2020000608 VENDOR #: 308719 29.6. FORCE MAJEURE. 29.6.1. The Company shall be not liable for any failure or delay in the performance of its obligations pursuant to this Contract (and such failure or delay shall not be deemed a default of this Contract or grounds for termination hereunder if all of the following conditions are satisfied: (i) if such failure or delay: (a) could not have been prevented by reasonable precaution, and (b) cannot reasonably be circumvented by the non- performing party through the use of alternate sources, work -around plans, or other means; and (ii) if and to the extent such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or court order. 29.6.2. Upon the occurrence of an event which satisfies all of the conditions set forth above (a "Force Majeure Event") the Company shall be excused from any further performance of those of its obligations pursuant to this Contract affected by the Force Majeure Event for as long as (i) such Force Majeure Event continues; and (ii) the Company continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. 29.6.3. Upon the occurrence of a Force Majeure Event, the Company shall immediately notify the City by telephone (to be confirmed by written notice within two (2) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company from performing its obligations for more than five (5) days, the City may terminate this Contract. 29.6.4. Strikes, slow -downs, walkouts, lockouts, and individual disputes are not excused under this provision. 29.7. SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract shall not affect the validity of the remaining portion of the Contract so long as the material purposes of the Contract can be determined and effectuated. If any provision of this Contract is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent. 29.8. NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner absent the written consent of the City. 29.9. APPROVALS. All approvals or consents required under this Contract must be in writing. 29.10. WAIVER. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not be constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights. 29.11. SURVIVAL OF PROVISIONS. The following sections of this Contract shall survive the termination hereof: Section 4.3 "Employment Taxes and Employee Benefits" Section 15 "Representations and Warranties of Company" Section 18 "Term and Termination of Contract" Section 21 "City Ownership of Work Product" Section 23 "Indemnification" Section 25 "Confidential Information" CONTRACT #: 2020000608 VENDOR #: 308719 Section 26 "Insurance" Section 28 "Notices and Principal Contacts" Section 29 "Miscellaneous" 29.12. CHANGE IN CONTROL. In the event of a change in "Control" of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten (10) days of the occurrence of a change in control. As used in this Contract, the term "Control" shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty- one percent (51 %) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise. 29.13. DRAFTER'S PROTECTION. Each of the Parties has agreed to the use of the particular language of the provisions of this Contract and any questions of doubtful interpretation shall not be resolved by any rule or interpretation against the drafters, but rather in accordance with the fair meaning thereof, having due regard to the benefits and rights intended to be conferred upon the Parties hereto and the limitations and restrictions upon such rights and benefits intended to be provided. 29.14. FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services. The Company further agrees that it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to, workers' compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the Services. 29.15. CONFLICT OF INTEREST. The Company covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect that would conflict in any manner or degree with the performance of Services required to be performed under the Contract. 29.16. NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the foregoing has bribed or attempted to bribe an officer or employee of the City in connection with the Contract. 29.17. HARASSMENT. The Company agrees to make itself aware of and comply with the City's Harassment Policy. The City will not tolerate or condone acts of harassment based upon race, sex, religion, national origin, color, age, or disability. Violators of this policy will be subject to termination. 29.18. TRAVEL UPGRADES. The City has no obligation to reimburse the Company for any travel or other expenses incurred in connection with this Contract. 29.19. TAXES. Except as specifically stated elsewhere in this Contract, the Company shall collect all applicable federal, state and local taxes which may be chargeable against the performance of the Services, and remit such taxes to the relevant taxing authority. The Company consents to and authorizes the City to collect any and all delinquent taxes and related interest, fines, or penalties of the Company by reducing any payment, whether monthly, quarterly, semi- annually, annually, or otherwise, made by the City to the Company pursuant to this Contract for an amount equal to any and all taxes and related interest, fines, or penalties owed by the Company to the City. The Company hereby waives any requirements for notice under North Carolina law for each and every instance that the City collects delinquent taxes pursuant to this paragraph. This paragraph shall not be construed to prevent the Company from filing an appeal CONTRACT #: 2020000608 VENDOR #: 308719 of the assessment of the delinquent tax if such appeal is within the time prescribed by law. 29.20. COUNTERPARTS. This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. 29.21. PRE -AUDIT. No pre -audit certificate is required under N.C. Gen. Stat. 159-28(a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no financial obligation under this Contract absent the City's execution of a valid and binding purchase order or contract addendum containing a pre -audit certificate." [Signature Page Follows] CONTRACT #: 2020000608 VENDOR #: 308719 IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Contract to be executed as of the date first written above. KNOLL, INC. (^� BY: /I't 04at� (sign ature) PRINT NAME: A r ,a r e w ?% e irce TITLE: ]7 �,r e C f IE ['a-n-} rae,3V A n DATE: I Z/ 0 at / 1 q �f CITY OF CHARLOTTE: CITY MANAGER'S OFFICE BY: (signature) cr PRINT NAME: TITLE: DATE:E4 CONTRACT #: 2020000608 VENDOR #: 308719 EXHIBIT A - PRICING SHEET KNOLL - CONTRACT 2020000608 EXHIBIT A - PRICING SHEET 1. FIXED PERCENTAGE (%) DISCOUNT OFF THE MANUFACTURER'S LIST PRICE - FURNITURE CATEGORIES AND OTHER RELATED PRODUCTS CATEGORY VERIFIABLE MANUFACTURER'S LIST PRICE CATALOG AND DATE DROP SHIP INSIDE DELIVERY Systems Furniture Antenna Workspaces, Date: March 2019 68.5% 65.5% Systems Furniture Autostrada, Date: March 2019 68.5% 65.5% Systems Furniture Currents, Date: March 2019 68.5% 65.5% Systems Furniture Dividends Horizon, Date: March 2019 68.5% 65.5% Systems Furniture ReffProfiles Vol I: 26_1/2" Planning, Date: March 2019 68.5% 65.5% Systems Furniture ReffProfiles Vol IL• 28_3/8" Planning, Date: March 2019 68.5% 65.5% Systems Furniture Series 2, Date: March 2019 68.5% 65.5% Freestanding Furniture DatesWeiser, Date: January 2018 41.0% 38.0% Freestanding Furniture k. bench, Date: March 2019 68.5% 65.5% Freestanding Furniture k. stand, Date: March 2019 68.5% 65.5% Freestanding Furniture KnollExtra, Date: March 2019 59.5% 56.5% Freestanding Furniture KnollStudio Volume I, Date: March 2019 52.5% 49.5% Freestanding Furniture KnollStudio Volume II, Date: March 2019 52.5% 49.5% Freestanding Furniture KnollStudio (Pixel), Date: March 2019 57.0% 54.0% Freestanding Furniture Muuto, Date: Q2 2019 23.0% 20.0% Freestanding Furniture Rockwell Unscripted, Date: March 2019 57.5% 54.5% Freestanding Furniture Tone, Date: March 2019 68.5% 65.5% Freestanding Furniture Upstart, Date: March 2019 68.5% 65.5% Seating / Chairs Office Seating (Chadwick Seating, k. task, Remix, Life, Generation, Regeneration, Multigeneration), Date: March 2019 59.5% 56.5% Seating / Chairs Office Seating (Moment, 011o), Date: March 2019 52.0% 49.0% Soft Seating k. lounge, Date: March 2019 57.0% 54.0% Filing Systems, Storage & Equipment Anchor, Date: March 2019 68.5% 65.5% Filing Systems, Storage & Equipment Calibre, Date: March 2019 59.5% 56.5% Filing Systems, Storage & Equipment Template, Date: March 2019 68.5% 65.5% OTHER RELATED PRODUCTS VERIFIABLE MANUFACTURER'S LIST PRICE CATALOG AND DATE DROP SHIP INSIDE DELIVERY Renewal / Replacement Parts 24 Response, Date May 2019 40.0% n/a 3. FIXED MONTHLY RATE FOR STORAGE $1.65/sq ft. ° r N A r N vN) n N r N O 'yj r N r N b vet r N r N 0 1 p "" ^O v3 bs T 6f v s9 m T `� Ea sz T vz a 7 d a i� Obi �" zs v T 6" sv v3 ar0 Off. ds T v3 z9 O d a Uj r N r N vN) r N r N O r N r N b vet r N r N 0 19 �- ;, ����s11s�dw 3 � ������d z r N O m r N 0 V�1 r N r N O � F» sa Fn zv » cs yj z9 v3 z9 v r N r N N r N r N d 0 d r N r N H r N r N d 0 yq 69 69 69 69 Vi Vi 69 69 69 69 fA 69 d R 69 Vi V3 69 fA Vj �IAn�� 69 6q 69 69 69 69 69 � d r r N O O T T or0 T T 7" % T or0 a Or U O d r N�� r N�� v�i r N r N o 0 .�y N�� r N� b N r JA MA 0 z9 v>ss z9 d T O y d � N� I.a O � 4�3 O 7 V3 69 O T 6r9 V3 -a 7 Vi (A W 69 V3 69 fA V3 d R 69 Vi V3 fA 69 Vi Hi fA E 69 69 69 T 69 69 8 d >y r N r V3 Vi V3 69 49 Vi 69 6q fA 69 69 69 d R 69 A V3 69 fA H3 6q fA 69 69 69 69 69 d � lyi O T ^O Or P O^ Or T Or S O aro Or i T 'J' N v �cs y yj ass yj yj v, sra v3�vj d a z9 ss �yy �y vs y yj ss Zvi �z9 d N-� O O T or0 a d Fail O O O O r Or g g d w r N r N d 0 �cs �yj ass �yi ss vj szv sz d a.Z z9� az9 ss vs ��, vs z9 zs ca z9 d a N N O h N N N r N N r N O m r a v,�v,v,v,bsbsv,bszszsv,v, a r rn r rn d 4qO a bs�v,�vv,bsv,v,v,�vv,v,v r a V 2 0 7 r 2 d q � W rrn rrn ra ra �, z ra ra ro. rrn r/] .1 q O Obi zs �, O ss zs O T ss bs O v in r O a bs v3 ss O Obi v3 zs � �• d a W z O Obi srs v O^ zs yi ss es sv v3 vs ss zs zs zs d .� V O O� Or O� r O O� � �• O O O mm O� rm O O � F qV3 a � 69 69 T 69 69 69 69 a 69 69 69 69 69 d P. ° F L� Obi Vi 69 H V3 69 Obi fA 69 69 69 Obi 69 69 69 Obi 69 69 a�i d " F W r 2 121 vet 2 N 04a 1 vrO ar v3 � ss zs ss bs sv sv ds v, v3 cis zs d a yi � zs yi ss vs zv v3 vs ss v zs ss d .a Q � d ,a ds �'sv N �-ai— s9�v bs vs z9 Ors F»vs az v �v3 v3�zv v3 Ea sa <»vs s9 d a zs sv ss r N- r N V�i r N r N O O d 6r9 Vi O 3 yj � 6r9 69 O ^ 5q yi W � T fA 69 69 6r9 � 7 �. d R � fA y � 69 yq V3 V3 69 69 d Qaz 4 vNl r N r N Q O r N�� r N0� d O T o O O^ �y R o I v, a O T v sa a W E„ pr 2 zv Fn 0 � y O T y ss O y yj o vs v3 ss O T ca z9 O N d W 1� L � ^ ^qq � � C ^�' � "'CL �p � � Ap W � o 'C-' ips � •'i'• � ^q F '�' � W N d dJ R7 z CG 6 W z W d Ll a d CC W d aS fA z P7 6 W z W d Ll a d CC U U o d^ a 2V a da ¢ a aiz iz a a jz x a o o a o 67 O a F a o o N a o 67 2 a a o � o O 0 a 0 a F da ¢ da Z i'4R ,^,�'4R vM U d a d a U gz O' ad » sus v. ss a a sv es zs q Z d a d a ¢ zs z`Vs v. A sv cs es zs x W =s M O O a o O a a W 4 W zNs zNs Z�o d d 1.5 CONTRACT #: 2020000608 VENDOR #: 308719 EXHIBIT B — SCOPE OF SERVICES 1.1 General Scope. The City is requesting the broadest selection of Office, Education, Classroom and Miscellaneous Furniture, Installation and Related Products and Services offered. The intent of this RFP is to provide the City and Participating Public Agencies with Products and Services to meet their various needs. Therefore, Companies should have demonstrated experience in providing Products and Services as defined in this RFP, including but not limited to the following: • Systems Furniture: A complete and comprehensive catalog of all systems furniture, lines, and accessories available from the Company; • Freestanding Furniture: A complete and comprehensive catalog of all case goods, furniture, (including folding and mobile) desks, tables, and available from the Company; • Seating/Chairs: A complete and comprehensive catalog of office and classroom chairs, tandem seating and other general seating available from the Company; • Soft Seating: A complete and comprehensive catalog selection of soft seating for areas such as commons, libraries, waiting areas and open spaces. Products include, but are not limited to, lounge seating, modular linear seating, tables, and accessories; • Filing Systems, Storage and Equipment: A complete and comprehensive catalog of filing systems including vertical and lateral files, freestanding file cabinets, bookcases, and equipment and accessories available from the Company; and • Related Products, Support Services and Solutions: Related office interior products and design, "Quick Ship", design and layout, fabric and color design services, installation, systems furniture reconfiguration, assessment tools, and any other related products and services or solutions offered by the Company. 1.2 Product Standards and Guidelines. All products must be manufactured in compliance with all standards including warning labels and safety devices, guard and equipment required to meet the safety standards recognized by industry safety, councils or organizations to establish safety standards such as Occupational Safety and Health Administration (OSHA), National Fire Protection Association (NFPA), National Institute of Occupational Safety and Health (NIOSH), American National Standards Institute (ANSI), Underwriters Laboratories, Inc. (UL), Environmental Protection Agency (EPA), Business Institutional Furniture Manufacturers Association (BIFMA), etc. If a product proposed requires a Material Safety Data Sheet (MSDS) it must accompany each shipment. Additionally, applicable products must meet the following specific standards: • ANSI/HFES and/or BSR/HFES (Human Factors Engineering of Computer Workstations) • CPSIA 1303 or 16 C.F.R 1303 (Ban of Lead -Containing Paint) • ANSI/BIFMA X5.1 (Office Seating), X5.4 (Lounge and Public Seating), X5.5 (Desk Products) X6.1 (Educational Furniture) and e3 (Furniture Sustainability Standard) • California Air Resources Board (CARB) (Formaldehyde Emissions) • California Proposition 65 (Lead and Other Toxic Substances) • California Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (BHFTI) (Technical Bulletin 117) All Products offered must be new, unused, latest design and technology unless otherwise specified. CONTRACT #: 2020000608 VENDOR #: 308719 1.3 Pricing. The Company's firm fixed percentage (%) discount off a manufacturer price list for each category (defined in Section 1.1) for the life of the contract as Exhibit A. Prices include manufacturer mark up, profit, item cost and storage to allow each customer the ability to calculate and verify discount. 1.3.1 Delivery. The fixed percentage discount is based on the delivery requirements below: 1.3.1.1 Drop Ship: All deliveries shall be delivered to the site. City or Participating Public Agency is responsible for unloading. 1.3.1.2 Inside Delivery: All deliveries shall be delivered to the site, unloaded and moved to a designated area in the building. Company is responsible for unloading. 1.3.2 Installation. The fixed percentage discount, fixed hourly rate, or an hourly rate range is based on the installation requirements below: 1.3.2.1 Basic Installation: Basic installation includes inside delivery, uncrating, assembly, installation, removal of all debris from premises, installation documents and the bill of materials per the purchaser's approved plan and specifications. 1.3.2.2 Expanded Service Installation: Expanded service installation includes basic installation; field measurements surveyed, documented and coordinated; electrical and telecommunication/data in -feed locations are surveyed, documented and coordinated; attend required coordination meetings with purchaser and other contractors; and creation and implementation of punch list by project manager. 1.3.2.3 Normal Hours: Normal hours are defined as 7:00 am — 5:00 pm local time. 1.3.2.4 After Hours: After hours are defined as evenings, weekends and holidays. 1.3.2.5 Pricing for installation and services such as design, project management, asset management, refurbishment, and other services are priced at a fixed percentage discount, fixed hourly rate, or an hourly rate range for City and all Participating Public Agencies and/or by state. 1.3.2.5.1 Design: Company has the capability to recommend and design appropriate layouts to fit the need of the City and Participating Public Agencies. 1.3.2.5.2 Project Management: Company has the ability to provide project management services to help City and Participating Public Agencies complete their projects on -time and within budget. 1.3.3 Storage is priced at a fixed monthly rate. 1.3.4 Pricing for any additional related products, services and solutions offered are defined in Exhibit A. All Products provide under this Contract that require assembly and installation should be performed by the Company's certified installers. All installation work must meet the manufacturer's specifications and industry standards. Company provided the names and addresses of each certified installer, see Exhibit C — Form 6. All work must be performed according to the standards established by the terms, specifications, and drawings for each project and meet the manufacturer's specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project CONTRACT #: 2020000608 VENDOR #: 308719 Coordinator concerning questions or conflicts in the specifications and drawings in a timely manner as to not delay the progress of the work. 1.4 Price Adjustments. All proposed pricing shall remain firm for the first year of the subsequent Contract through December 31, 2020. Companies may request price adjustments (increases/decreases) for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte City Procurement along with documentation of bona fide materials and labor increases for the cost of Products. No adjustment shall be made to compensate a Company for inefficiency in operation or for additional profit. Price decreases shall be accepted at any time during the term of the contract. 1.5 Environmental Purchasing Requirements. The following are applicable items covered by the City's Sustainable Purchasing Policy that must be accommodated by the Company: Product or Examples Environmental Attributes Service Furniture Desks, chairs, tables, Recycled content, recyclability, end bookshelves of life management Companies provided its environmental attributes in Exhibit C — Form 10. 1.6 New Products and Services. New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the manufacturer's list offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte. 1.7 Safety. All Companies and installers or subcontractor performing Services for the City of Charlotte and Participating Public Agencies are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. 1.8 Warranty. In Exhibit C — Form 4, the Company addressed each of the following: 1.8.1 Applicable warranty and/or guarantees of furniture and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. 1.8.2 Warranty period start date. The City of Charlotte desires the warranty start at the time of substantial completion. 1.8.3 Availability of replacement parts. 1.8.4 Life expectancy of furniture under normal use. 1.8.5 Detailed information as to proposed return policy on all furniture. CONTRACT #: 2020000608 VENDOR #: 308719 EXHIBIT C - PROPOSAL RESPONSE FORMS REQUIRED FORM 2 — ADDENDA RECEIPT CONFIRMATION RFP # 269-2019-105 FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES Please acknowledge receipt of all addenda by including this form with your Proposal. All addenda will be posted to the NC IPS website at www.ips.state.nc.us and the City's Contract Opportunities Site at http://charlottenc.Q�ov/DoinpB usiness/Pages/ContractOpportunities.aspx. ADDENDUM #: DATE ADDENDUM DOWNLOADED FROM NC IPS: Addendum #1 July 8, 2019 Addandum.#2 J uly_12-2019 July 18. 2019 I certify that this proposal complies with the Specifications and conditions issued by the City except as clearly marked in the attached copy. Wayne McDorman (Plearr Llamel Authorized Sign ure _Direci-QLSz!2vernment_',iaIp..a— Title _Kn411 Inc. Company Name 001 d l ZO1 Date FURNITURE, INSTALLATION AND R F.LAT ED PRODUCTS AND SER f 7CES RFPO 269.2019-105 TUNE 19. 2019 29 REQUIRED FORM 3 — PROPOSAL SUBMISSION FORM RFP # 269-2019-105 FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES This Proposal is submitted by: Company Name: Knoll —Inc. Representative (printed): Wayne McDorman Address: 1050 K Street, NW City/State/Zip: _Washington, DC 20001 Email address: wmcdorman anknoll.com Telephone: 703-501-4855 (Area Code) Telephone Number Facsimile: 02-973-0467 (Area Code) Fax Number The representative signing above hereby certifies and agrees that the following information is correct: 1. In preparing its Proposal, the Company has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in or condoned prohibited discrimination. 2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race. ethnicity, gender. age or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination. 3. Without limiting any other provision of the solicitation for proposals on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the Proposal submitted by the Company on this Project and to terminate any contract awarded based on such Proposal. 4. As a condition of contracting with the City, the Company agrees to maintain documentation sufficient to demonstrate that it has not discriminated in its solicitation or selection of subcontractors. The Company further agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of subcontractors. Failure to maintain or failure to provide such information constitutes grounds for the City to reject the bid submitted by the Company or terminate any contract awarded on such proposal. 5. As part of its Proposal, the Company shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against the Company in a legal or administrative proceeding alleging that the Company discriminated against its subcontractors, vendors or FURNITURE. PYSTALLATIONANDPELATEDPRODUMANDSERVICES RFP920-2019-105 J1JNE 19.2019 "CH suppliers. and a description of the status or resolution of that complaint, including any remedial action taken. 6. The information contained in this Proposal or any part thereof, including its Exhibits, Schedules, and other documents and instruments delivered or to be delivered to the City, is true, accurate, and complete. This Proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead the City as to any material facts. 7. None of Company's or its subcontractors' owners, employees, directors, or contractors will be in violation of the City's Conflict of Interest Policy for City, Secondary and Other Employment Relationships (HR 13) if a Contract is awarded to the Company. 8. It is understood by the Company that the City reserves the right to reject any and all Proposals, to make awards on all items or on any items according to the best interest of the City, to waive formalities, technicalities, to recover and resolicit this RFP. 9. This Proposal is valid for one hundred and eighty (190) calendar days from the Proposal due date. I, the undersigned, hereby acknowledge that my company was given the opportunity to provide exceptions to the Sample Contract as included herein as Section 9. As such, I have elected to do the following: Include exceptions to the Sample Contract in the following section of my Proposal: Not include any exceptions to the Sample Contract. 1, the undersigned, hereby acknowledge that my company was given the opportunity to indicate any Trade Secret materials or Personally Identifiable Information ("PII") as detailed in Section 2.6.2. 1 understand that the City is legally obligated to provide my Proposal documents, excluding any appropriately marked Trade Secret information and PII, upon request by any member of the public. As such, my company has elected as follows: The following section(s) of the of the Proposal are marked as Trade Secret or PII: VINO portion of the Proposal is marked as Trade,_ ecw}_or P11. Representative (signed): FURNITURE, INS7ALLATION AND RELATED PRODUCTSAND SERVICES RFP4 269-2019-105 JUNE 19. 2019 31 REQUIRED FORM 4 - DELIVERY AND WARRANTY .i. Payment Terms: Net 30 Days 6. Delivery: Company must state the normal delivery time (in calendar days) and any options for expediting delivery. Knoll's product lead time is impacted by a number of influencers such as order volume, plant capacity and raw material availability. As a result, product lead time will fluctuate throughout the life of the contract. Please note incoming customer orders will be assigned the lead time in effect at the time of order placement. Knoll is guaranteeing product will ship within 90 days after receipt of a clean order as part of the contract. Lead times are posted on the Knoll website and readily available to Knoll Sales Associates and dealer sellers. Knoll Lead Time matrix is a representative sample of the lead time format utilized by Knoll. Lead times are updated on a weekly basis. Expedited Delivery Knoll Essentials, conceived for Knoll Dealers and their clients, is a Knoll program focusing on easy -to -order, specially selected. high performance products from the broad range of Knoll office furnishings. The Knoll Essentials portfolio is comprised of Office Seating, Tables and Desks, KnollExtra Accessories, Files and Storage, Open Plan Offices, Private Offices and Reception and Lounge. For complete details - Supplemental Information Section 7, Form 4: Knoll Lead Times. Additional information about Knoll Essentials is found in the Knoll Essentials catalogue and on Knoll.com. 7. Warranty.- Company must detail the following.• a. Applicable warranty andiorguarantees of furniture and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. Warranty orders are routed to a dedicated Service Order Team for review and order placement. Warranty orders for all standard products are processed, produced and shipped within (10) business days. See Knoll Warranty for complete details —Supplemental Information Section 7, Form 4: Knol I Warranty. h. Warranty period start date. The City of Charlotte desires the 1arranty start at the time of substantial completion. Knoll's warranty starts on date of shipment. See Warranty for complete details - Supplemental Information Section 7. Form 4: Knoll Warranty. c. Availability of replacement parts. With a valid contract, replacement parts can be purchased in any quantity. Replacement part lead times and availability will vary depending on product line and specifications. However, select parts and components are available in our hotline catalogue. Also known as 24/24 Response, hotline offers the ability to order critical parts for shipment within 24 hours from the time the order is received. This program includes commonly used brackets, connectors, hardware, and accessories and can support critical installations and reconfiguration projects. d. Life expectancy offurniture under normal use. Knoll's policy for product continuum applies to replacement parts as well the I ife expectancy of our furniture. We develop and enhance components that fully integrate and are compatible with current product lines. Knoll's plan is not to obsolete product lines but to bridge the future needs of the technology into current product lines and add "universal" product offerings. Should a product, fabric or finish be discontinued, a Knoll associate will assist with the selection of a compatible product, fabric, or finish of equal or superior value and function. e. Detailed information as to proposed return policy on all furniture. Purchase orders may not be changed or cancelled, in whole or in part, without prior written consent of Knoll. Changes may affect delivery dates. Expenses incurred because of changes shall be charged to the customer. In the event of cancellations, the customer will be liable for reasonable cancellation charges established by Knoll. Orders for special Product, orders including "COM" material and orders pursuant to expedited delivery programs, may not be canceled. The return of Products without a written authorization by Seller shall not be accepted. To receive authorization for Product return, please call Knoll Customer Service. All Products that are returned pursuant to a valid authorization shall be subject to a twenty-five percent (25%) of list restocking charge. Products not currently offered for sale by Seller (including COM) shall not be authorized for return. All returned Products must be unused, in original condition and in the original Seller packing cartons_ No refund or credit shall be given for damaged Products. Lead Time Guideline Girders booked Friday 7126 through noon Thwrsda�r,8/9� Product Scheduled ship date 8130 Specials Laminate and painted systems including Anchor, Antenna (except 9127 wood storage), Calibre, Currents, Dividends Horizon, Interpole, (4 wks) (8 wks) Morrison, Telescope, Tem Iate,Tone, and Quoin Toronto produced laminate & veneer systems, Reff Profiles, 9/13 10/11 AutoStrada, (V1, V2), along with Antenna and Interpole wood (6 wks) (10 wks) storage & all chrome systems products including Antenna legs Rockwell Unscripted (wall", seating, storage) 5-6 wks 9-10 wks Tables (library, sawhorse, tall) 7 wks 11 wks Tables (easy, desk, occasional) 5-6 wks 9-10 wks Sawhorse Workbench 10-12 wks 14- 16 wks Steps 4-6 wks 8- 10 wks Crinion 1014 (9 wks) 11/1 (13 wks) Seating (Toboggan- 5 wks) 8123 (3 wks) 9120 (7 wks) k. stand, k.bench 8/30 (4 wks) 9/27 (8 wks.) k. lounge: Delite stock fabrics Turquoise, Cinder, Charcoal 8123 (3 wks.) 11122 Additionally, stools in Delite Red, Green, Gray 8/23 (3 wks) (16 wks) all other Delite colors & KnollTextiles 9/13 (6 wks) COM 10/25 (12 wks) KnollExtra (except Smokador) 8123 (3 wks) 9120 (7 wks) Pixel, Propeller 9/6 (5 wks.) 1014 (9 wks.) Essentials 8/ 23ship date (3 wks) No specials Essentials QuickShip 8/9 No specials Muuto - Lead times from order submittal to delivery US in -stock 2-3 wks Denmark in -stock 7.9 wks Made to order (M20) 9-15 wks Extended lead times Fiber Bar H75129.5" wood base :Oak, Black 10- 11 wks Fiber Arm/Side wood leg: Blk 10- 11 wks Fiber Arm/Side Swivel sl castors: Alu 10- 11 wks All Fiber MTO from Mexico- +1 wk due to extdd border X time Visu, Cover, & Loft (supplier vacation) 15- 17 wks Sofas (Outline, Rest, Connect & Compose) 15- 17 wks 70170 Frame - Black In stock Sept Ambit 016, all colors In stock Aug No specials Ambit Wall In stock Sept Leaf Table (all colors) In stock Aug/Sept Leaf Floor (all colors) In stock Aug Unfold Mustard, Dusty Red, Terracotta In stock Aug Tip — (all colors) In stock Aug Base Table High, blk 74.8xl9.7x H:37.4" and H:41.3" In stock Sept/Oct Nerd chair In stock Sept Five Pouf, Blue 773 In stock Aug DatesWeiser 14 wks Oil rubbed bronze, polyester finishes 16 wks Spinneybeck leather edge 18wks 'Creative Wall laminate and porcelain fin finishes are 12 weeks. " Due to reduced staff along the border, there are 5-day delays in customs handling. We are monitoring situation and will inform when lead times can move back to standard. You will be notified if you order is affected. For orders greater than 25 stations, please submit an LTPR, for fabric reservation. Lead times for additional KnollExtra, KnollStudio, and/or other items are published on Exchange. We attempt to schedule orders with multiple product lead times to match the longest lead time item, excluding specials. Universal Bases (predecessor to Tone Tables) are 9-10 weeks. All Reff Profile Drum Bases are 8 weeks. Warranty Seller warrants to the original Purchaser only that the Products Seller manufactures and sells to Purchaser are free of defects in workmanship and materials, during the applicable warranty period set forth below. Warranty period set forth below is for 24-hour, 7 days a week, multi shift use (includes parts and labor to repair). Should any failure to conform with this limited warranty appear to a Product listed below during the applicable warranty period from the date of shipment, Seller shall, upon prompt written notice, repair or replace, at its option and costs, the affected part or parts. Product and Period of Warranty Lifetime: Antenna Workspaces, AutoStrada, Calibre, Crinion Open Table, Currents, Dividends Horizon, Morrison, ReffProfiles laminate, Rockwell Unscripted, Series 2 Storage, Template, Quoin and other non - wood components (except cascade edge worksurfaces, operational parts, controls, electrical, Lighting, Series 2 Veneer Front Storage, digital locks, upholstery, textiles and leathers, special or custom products, see below) 12 Years: Chadhvick, Generation by Knoll, k. task, Life, Moment, MultiGeneration by Knoll, 011o, ReGeneration by Knoll, Remix and Toboggan seating (except seating upholstery, textiles, leathers and finishes, see below) 10 Years: Anchor Storage except digital locks, Antenna Workspaces, AutoStrada, Crinion Open Table, Dividends Horizon, Dividends Horizon Satellite Surfaces, ReffProfles, Rockwell Unscripted, Quoin wood components, Template wood components, Series 2 Veneer Front Storage, cascade edge worksurfaces, Wood Casegoods (The Graham Collection) (except wood casegoods upholstered surfaces, see below), Reuter overheads, Reuter vertical storage, KnollExtra Sapper Monitor Arm Collection, Sapper XYZ Monitor Arm Series, Adjustable keyboard mechanisms and platforms, Communication Boards (except fabric board textiles, cork and FilzFelt, see below), Smokador collection (except leathers, see below), Orchestra Universal Systems Accessories, k. lounge structural components, KnollStudio Pixel and Propeller, Tone bases. 5 Years: Operational parts, controls, electrical, Lighting (except light ballasts, bulbs and power supply, see below), special or custom product, wood veneer products and plywood, Currents handcrank, KnollStudio, Rockwell Unscripted wire bases, Spark Series seating structural elements, structural elements of all KnollStudio outdoor products including all Richard Schultz designed products, KnollExtra CPU holders and all universal storage drawers, and Power Collection, k. bench (except changes in finish, see below) and k, stand bases (except changes in finish, see below) . 3 Years: Rockwell Unscripted upholstery (except textiles and leather), Office Seating upholstery, textiles, leathers and finishes. Fabric boards textiles and Smokador Collection leathers, KnollExtra Pop Up Screens. 2 Years: Anchor Storage digital locks, Quoin digital locks, all other KnollExtra product June 15, 2019 "Oil I Year: Light ballasts, bulbs and power supply, seating upholstered armpads and soft armpads, wood casegoods upholstered surfaces, KnollStudio outdoor product finishes, k. lounge upholstery and k. lounge fabric, Rockwell Unscripted fabric and accessories. This warranty does not apply to: • Damage caused by a carrier other than the Seller. • Normal wear and tear or acts or omissions of parties other than Seller (including user modification, improper use or installation of Products). • COM or other third party materials applied to Products. • Products not installed by or under the auspices of a Knoll Dealer. • Dramatic temperature variations or exposure to unusual conditions. Changes in surface finishes, including colorfastness due to aging or exposure to light. Except as specifically noted above, textiles and upholstery supplied by Knoll Textiles and Spinneybeck I FilzFelt (consult current price lists for applicable warranties). Natural variations occurring in wood, marble, and leather shall not be considered defects, and the Seller does not guarantee the colorfastness or matching of the colors, grains or textures, or surface hardness of such materials. The Seller also does not guarantee the colorfastness of fiberglass panel surfaces. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The remedies provided above are the Purchaser's sole remedies for any failure of Seller to comply with its obligations regarding the workmanship of its Products. Correction of any nonconformity in the manner and for the period of time provided shall constitute complete fulfillment of all liabilities of Seller, with respect to or arising out of the Product furnished hereunder. June 15, 2019 "o 8UU5 NE s®LUSION REQUIRED FORM 5 — MIW/SSE PARTICIPATION PLAN RFP # 269-2019-105 FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES The City maintains a strong commitment to the inclusion of MWSBEs in the City's contracting and procurement process when there are viable subcontracting opportunities. Companies must submit this form with their proposal outlining any supplies and/or services to be provided by each City certified Small Business Enterprise (SBE), and/or City registered Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) for the Contract. If the Company is a City -registered MWSBE, note that on this form. Aggregate MWSBE Goal 10% for the City of Charlotte usage estimated to be S500,000 annually. A list of current registered and certified MWSBEs can be found at "-w.chaLlottebusnessinclusion.com. Failure to submit this form shall deem a Proposal non -responsive. [ Company Name: Knoll, Inc. Please indicate if your company is any of the following: MBE WBE SBE X None of the above If your company has been certified with any of the agencies affiliated with the designations above, indicate which agency, the effective and expiration date of that certification below: Agency Certifying:----- —Effective Date: --Expiration Date: Identify outreach efforts that were emploved by the firm to maximize inclusion of MWSBEs to be submitted with the firm's proposal (attach additional sheets if needed): Knoll MWSBE outreach efforts are described in the following paragraphs. These efforts were employed in prior years and will continue to be employed and updated in subsequent years. In addition to purchasing directly from Knoll, Participating Agencies have the option to purchase Knoll products on the Omnia Contract directly from our dealer network of approximately 200 authorized Knoll dealers throughout the country. Many of our authorized dealers are MWSBE companies in their respective States — See Supplement Information: Section 7, Form 5: Dealer Lists. As small independent businesses, Knoll dealer partners employ their own outreach efforts to subcontract with MWSBE companies in their respective Cities, Counties and States. It is Knoll policy to select and purchase from outside sources who offer the greatest total value for the products and services purchased. Against the backdrop of this general policy, Knoll also endeavors to identify, qualify and utilize Diversity suppliers to attempt to increase their sales to Knoll. Obiectives The objectives of this program are: + To encourage and assist Diversity suppliers in their efforts to sell products and services to Knoll. + To foster an increasing volume of Knoll purchases from Diversity suppliers. FURNITURE. INSTALLATIONAND RELATED PRODUCTSAND SERI "ICES RFP# 269-2019-105 JtJNE 19, 2019 46 + To identify potential Diversity suppliers and develop satisfactory working relationships with them. + To stimulate affirmative efforts by Knoll management such as sharing expertise and resources where possible Implementation Declaration of this policy takes into full consideration that difficulties are likely to arise in finding and qualifying potential Diversity suppliers. Nevertheless, it is the spirit of this program that reasonable efforts be made to overcome such obstacles. Responsibilities Each Knoll business and subsidiary is responsible for implementing this program and its stated objectives. Corporate sourcing will assist Knoll's businesses and subsidiaries in identifying potential Diversity suppliers and in providing other information and guidance to help in the development and implementation of such sourcing programs. Corporate sourcing is responsible for communicating information concerning legislation and government regulations that apply to corporate relationships with Diversity suppliers. Outreach Efforts employed by Knoll, Inc. Knoll uses third party agencies and local purchasing councils to search for and certify any MWSBE Knoll utilizes in support of our client contracts. Agencies include but are not limited to the following list. • Women's Business Enterprise National Council • Association for Service Disabled Veterans • Women Owned Small Businesses, www.womenbiz.gov • The Department of Veteran Affairs Office of Small & Disadvantaged Business Utilization,.hftp://www.va.gov/osdbu • The SBA's SUB -Net site: http://web.sba.gov/subnet • Small Business Administration's Dynamic Small Business Search ttP:I/dsbs.sba.c�ov/dsbs/search/dsp dsbs.cfm • National Minority Supplier Development Council.htto://www.nmsdc.org • Minority Business Development Agency in the Department of Commerce http://www.mbda.govl • Participation in trade fairs and industry meetings Identify outreach efforts that brill be employed by the firm to maximize inclusion during the contract period of the Project (attach additional sheets if needed): [Form continues on next page] FURNITURE. INST.4 LL4 T(ON AND RELATED PRODUCTS A%D SER 17CES RFP4 269-2019-105 DUNE 19, 2019 47 List below all MWSBEs that you intend to subcontract to while performing the Services: Subcontractor Name Description of work or materials Indicate either "M", "S", and/or "W" City Vendor # Connect Systems Inc. Furniture Installer M 300327 Representa�-J'Ovoj We (signed): o101 Date Total MBE Utilization 6% Total WBE Utilization % Total SBE Utilization % Total MWSBE Utilization 6% Representati aNa me FURNITURE, INSTALLATJON AND RELATED PRODUCTS AND SERVICES RFP# 269-2019-105 JUNE R 2019 48 `u�maQn'akLm CBi FORM 4: letter of Intent Per Part B, Section 3.4 of the CBI Policy, within three (3) Business Days after receiving a request from the Oty (or within such longer time as may be communicated by the City In writing), a Bidder must submit a separate Letter of Intent for each SBE and/or MBE listed on CBi Form 3 and CBI Form 3A (If applicable). Project Name: Furniture, installation and Related Products and Services I Project Number: 269 2019-105 To be completed by the Bidder Name of Bidder: Knoll/One CBI LLC vendor #: 305526 Address: 4020 Yancey Road, Charlotte, NC 28217 Contact Person: Mary Pelfrey 704-564-0320 Email: mary.pelfrey@cbi-nc.com Fax: If the Bidder has entered into a Quick Pay Agreement, In association with this letter of Intent and as defined in the CBI Policy, please attach a copy of the executed Agreement with the undersigned SBE and/or MBE. Identify in complete detail the scope of work to be performed or Item(s) to be supplied by the SBE and/or MBE. Furniture installation services The prime contractor shall pay the subcontractor the committed goal of ' % of the monthly amount paid by the city. •An estimate of 9% of the 10% committed goal Is ailoted to this MBE and Is based on current committed certified M WSBE businesses. The percentage mix may change as aoaitEonai suppuers are certirlea. To he completed by SBE and/or MBE Name of SBE and/or MBE: Connect Systems Inc. Vendor#: 300327 Address: 2855 Lindbergh Str, Ste 200, Charlotte, NC 28208 Contact Person: Kevin Delafose Email: kdelafose@connectsystemsinc.com Telephone: 704-399-8900 Fax: Upon execution of a Prime Contract with the City for the above referenced project, the Bidder certifies that It Intends to utilize the SBE and/or MBE listed above, and that the description, cost and percentage of work to be performed by the SBE and/or MBE as described above Is accurate. The SBE and/or MBE firm certifies that it has agreed to provide such work/suppiles for the amount stated above. Bidder: / Date' - -Signature and Title SBE/MBE Firm: �" �--'` W v lam, Date: 12 5 G {Circle one or both)_SI natureand Title Version 11-2016 pwunrn ti1S1NESS CBI FORM 4: Letter of Intent Per Part B, Section 3.4 of the CBI Policy, within three (3) Business Days after receiving a request from the City (or within such longer time as may be communicated by the City in writing), a Bidder must submit a separate Letter of Intent for each SBE and/or MBE listed on CBI Form 3 and CBI Form 3A (if applicable). Project Name: Fumiture, Installation and Related Products and Services Project Number: 269-2019-105 To be completed by the Bidder Name of Bidder: Knoll/One CBI LLC Vendor#: 305526 Address: 4020 Yancey Road, Charlotte, NC 28217 Contact Person: Mary Peifrey Email mary.pelfrey@cbi-nc.cam Telephone: 704-564-0320 Fax: If the Bidder has entered Into a Quids Pay Agreement. In association with this Letter of Intent and as defined in the CBI Policy, please attach a copy of the executed Agreement with the undersigned SSE and/or MBE. Identify in complete detail the scope of work to be performed or item(s) to be supplied by the SBE and/or MBE Marketing The prime contractor shall pay the subcontractor the committed goal of *% of the monthly amount paid by the city. 'An estimate of 1% of the 1D% committed goal Is alloted to this SBE and is based on current committed certified MWSBE businesses. The percentage mix may cnan a as aaaloonal suppliers are cernnea. To be completed by SBE and/" MSE Name of SBE and/or MBE: SYNQ Marketing Group LLC Vendor#: 126503 Address: 338 S Sharon Amity Road, Suite 374, Charlotte, NC 28211 Contact Person: —OmAf Me/TN Email: WA. 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X 00 M @ X O -C LL] m U CC Q U O cz \p L- U cz V cn o0 3 5 L� M Cr U Cn -z3 N W C/� [— U C/) �c C/� Z L 4, L 41 L L 4" N U L N L U L •1--+ L M �-- CC +� m �-- cz N U cG 3� N N m N N U N cz U C U C .cncz L •� � •� � •� m M •� FV]-d OU C C c UO U c o s cn U cn o 'n U cn U" .� -C .� •� •MM� cnV) •L � •L � •L � •LR W M m in, m c W •� •� cn CA U M cn �w cc �W UW m uW m r— E v� cn C4 i cn N � c o o 0 o cz o i m ���� 3��� 3��� 3��CD ba -0a cC � V N cC S U N M= U N M= U N ci C C �/ � m M cn m m ' m M 'o [Q M 3 w w cd n N m cn N cz N %] N U U �rn o m �3Ez o m �3�z o cz �3Ez O N � M 00 \p N tt� \p O O O O 00 E 00 p E� N Oi 00 N 00 cd 0N0 N O si CDO c�C ON kn L N vl N O cd N U N r. 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O L •� •�S-+ -73 n T "a U U U U O a C U cz cC CC cC C,3 cz L Li. • L Cn Q O O O i Ou) — m E>00 E 0O r— ccr cz cz m U LLi O _ I\ Y v)cn C CV -p fV U S CA V) cn 3 c u a) °� °� a3— i o c�i 3-73 � � c m — — I� — I� -p o U Y U LL] cC m N N <C N M > M i % E L cCA O N ccn 7; -a a -ate r- N 'n y D D 3 .� cn _ 3Lc _ 3Lc 3LL >— 3� 3 m c 3 3 m c N nm.-M cC v_ v cz cn N = M M M L`� cC y cC C C U C m C/) cd .-- o CC .--� o cz •-- ° — LL � — U -0 cz 33 33 33 M cr Mcncn� 3 3 U 3 cn z N 00 N .— — �O O 0 _ O� Q\ Q I` `p M — " M 73 O 0 O E CO Q M ' O- •� a- �n ' O i M O O ' i 0 00 i Cn O _T Q vl to N m �p 3 3 ON s Mtr) s L00 vN1 Es cC ^ [� ^ N ^ M O ^ N 0 ^ M ^ CC .--. 00 N — - �2— 0— O� z.aj cz O . — a s E CC O . — n s E CC O . — a Z.; O . — U L E cz O . — a. � C3 O a CC O . — C- E_ E cz E CL a� G}w (� • L N CC Cl • L U cz • L U cC O N CC • L G.% cC • L U • L U cC �W^ 1� G .L N _ O G� p LU u O C _ (V • E O N N V] O N M vi G-_ O cz 7 U U '73 � L C, CL a O L t U cz 72 Cn U cz m O F- O m cn O a. X 00 M @ X O -C LL] m U CC Q U O cz \p L- U cz V cn o0 3 5 L� M Cr U Cn -z3 N W C/� [— U C/) �c C/� Z L 4, L 41 L L 4" N U L N L U L •1--+ L M �-- CC +� m �-- cz N U cG 3� N N m N N U N cz U C U C .cncz L •� � •� � •� m M •� FV]-d OU C C c UO U c o s cn U cn o 'n U cn U" .� -C .� •� •MM� cnV) •L � •L � •L � •LR W M m in, m c W •� •� cn CA U M cn �w cc �W UW m uW m r— E v� cn C4 i cn N � c o o 0 o cz o i m ���� 3��� 3��� 3��CD ba -0a cC � V N cC S U N M= U N M= U N ci C C �/ � m M cn m m ' m M 'o [Q M 3 w w cd n N m cn N cz N %] N U U �rn o m �3Ez o m �3�z o cz �3Ez O N � M 00 \p N tt� \p O O O O 00 E 00 p E� N Oi 00 N 00 cd 0N0 N O si CDO c�C ON kn L N vl N O cd N U N r. 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In r la u m G � r O• � r 'IL , 5 0 w c m a (A N O EO pj E p U U T U j Ln Ll 0 m m E u E E 0 y 'u 0 0 0 8 8 U am c am c a F p m m J m cmi E - C f N ppJ N 0 « 8W Mv Ui @J E E @J @) m @J @J ,m m- E @Ej v o 0 Q m 0 o m c £ h t C o � `m o n a d Q v c — D — ' m i tL m m C) E a, E m w m U y s Y C z 0 m z Em z -, fn fn 00 z cc Z d m m v I m m c m LLM c 5 .5 E oEi m m t L C Um � o o (r C� 2 m` c ° U 00 [p n n u'1 In Q O N M CO o0 R N N In C N N t'] M OD f0 ll� A I fP (1I fp t0 t(J t6 m W 'o u) b Of t/f f0 fL a-mfp vaoo �n in mooQr�� vv vvvaMr N T (T <O t0 V V < C m O c F {L N. 000 n n ta 1 EI N N N QN v ti fOD t00 (}t (1 C 2 x= x= x 2 x= x= X m k m x m x S x x i 0 au_aaaLL a u_ aaa�IL aLL a�au-au _N C W L 7 O cn 7 O ca W � No W N c W U Q � N `m V6 n o zi v Q rn Q J C O > > Ul > > O O Y m m O J M O N m O 3 J f N m > L N N C U m v N Q Y > > > m pf C > N fn V C d O W m ul m Q p o u) - m 1° Ir C c 3 N a fn a 4I C N fn U p m L L J f m a > c 9 m 0 - U o_> _ m_ W Y Q a Q Q — W W cn W O W o — Q N C= O rc m3o �3 fn n�fn �fn , m o n Y Z Z o Z v Q 3 j �i R o Z cro 02 3 m uu O W m Np (00 n D c T m M 7 7^ >>m r N C o0 C U C c)rn U co o c. Q m o a m W O m U U] E pt U fi C O c+ L O �n N fn m U V O (A N C ym (T t0Z ` a O m O, yy CO H✓l� 1` ❑ M U U n R J 0 J p N 3 C m a J M r%i� O M m N M O j 0 j O m C C J Z ) ti fi O E h E c c T m cm y m m E O o m- c o C G --- m-> W C> >- jp —_ C O C C t c w C >. C Ci O f7 C U o C >N. f Z f G] Y m Y( Y lL Y (�! Y fn Y }j Y 3 2 m Y y U Y U Y fn y n° 0 d m a Cfl 6L 0 CW iz C3 W x Z 0 Y E m Z U U m a E U E E E E U 0 0 0 0 E v j U E U U L N o E > O U C O L U d U mQ p .� U �njN 9 d i2 i2 > O LJ Z7 Z7 U O N O C O O L L�� @)�L m o @lcaa Na N'aj p _N 10 me m� v O U O V O c m _ T m N O E 0 0 U d V d IJO d Q E C J O m m v m m U U U.'I HUHU:-0 0 x U N O r• m N NW N O O< U O N fb r- U N N u OI Cn N m r` O r` OI? U r In N o 00 o In m m N N N Q Q Q Q ^1 C N N Q Q r• r` r• r` u) CJ C N N m QO1 O Q Q C, Q O O au:I aXI aa auLlau U m ac z m O m REQUIRED FORM 10 — ENVIRONMENTAL PURCHASING RESPONSES RFP # 269-2019-105 FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES Companies shall complete and submit the fonn below regarding the products or supplies required to perform the Services. Recycled Content. lKnoll offers full and complete documentation for approximately Products must contain a certain percentage of 120+ of our product lines. In an effort to offer a complete but recycled content. Please include the amount of abbreviated response, we have provided, as an example, recycled content, both pre- and post -consumer. percentages of recycled and recyclable content of products included in your product. pecified in our Sample Project Pricing in the following table — lSupplemental Information Section 7, Form 10: Sustainability. Recyclability. Please include the types of materials included in your product, and if they are considered recyclable in typical municipal recycling streams. IIn addition, available documentation on the recycled and (recyclable materials in each of the following proposed products is (provided in Supplemental Information Section 7, Form 10: (Sustainability. This is a reflection of the products proposed in our (Sample Project Pricing. Product documentation is available for ur full contract offering upon request. - Dividends Horizon - Reff Profiles - Antenna Workspaces - k. stand - KnollExtra - Chadwick Seating - MultiGeneration - k. task - KnollStudio Pilot Knoll offers full and complete documentation for approximately 20+ of our product lines. In an effort to offer a complete but abbreviated response, we have provided, as an example, percentages of recycled and recyclable content of products specified in our Sample Project Pricing in the following table — See Supplemental Information Section 7, Form 10: Sustainability. In addition, available documentation on the recycled and recyclable materials in each of the following proposed products is provided in Supplemental Information Section 7, Form 10: Sustainability. This is a reflection of the products proposed in our Sample Project Pricing. Product documentation is available for our full contract offering upon request. - Dividends Horizon - Reff Profiles - Antenna Workspaces - k. stand - KnollExtra - Chadwick Seating - MultiGeneration - k. task FURNITURE. IVSTALLQTIONAND RELATED PRODUCTS AND SERVICES RFP4 269-2019-105 JUNE 19. 2019 53 KnollStudio Pilot _Biodegradability. Not Applicable Products must be capable of decomposing under natural conditions. Please state whether each Product offered in your oroDosal is biodeeradable. Compostability. Not Applicable Products must be capable of composting at a commercial composting facility. Please state whether each product offered in your proposal is comoostable. Energy Consumption. Please include the total amount of energy consumed for product or service manufacture, use and disposal. Different sources of energy are associated with different environmental Energy Efficiency. Products must meet or exceed the Department of Energy (DOE) and Environmental Protection Agency criteria for use of the ENERGY STAR trademark label; or is in the upper 25% of efficiency for all similar products as designated by the U.S. Department of Energy's Federal Energy Management Program. noll offers full and complete documentation for approximately D+ of our product lines. In an effort to offer a complete but bbreviated response, we have provided, as an example, energy )nsumption of products specified in our Sample Project Pricing. efer to Environmental Product Declarations (EPDs) in upplemental Information Section 7, Form 10: Sustainability. of Applicable Water Efficiency. lKnoll offers full and complete documentation for approximately Eligible products must meet or exceed the 20+ of our product lines. In an effort to offer a complete but Environmental Protection Agency's abbreviated response, we have provided, as an example, water WaterSense program or be water -efficient or efficiency of products specified in our Sample Project Pricing. low -flow fixtures. Refer to Environmental Product Declarations (EPDs) in Supplemental Information Section 7, Form 10: Sustainability. LOW VCX'S. Products should contain low or no volatile organic compounds (VOCs). Please indicate any VOC content in each applicable product offered in your proposal. Cnoll conducts Indoor Air Quality (IAQ) testing to measure and :onfirm off -gassing limits to BIFMA compliance levels. All Knoll forth American systems are tested by Intertek's Clean Air )rogram for all Systems, Tables, & Casegoods and UL nvironmental meets the required levels to pass UL Greenguard Sold certification for all of Knoll Office This eliminates the need to ;tore product to off -gas, as the testing confirms that non -low ;mitting materials conform to the standards. See product ntertek's Clean Air Program Certificates in Supplemental nformation Section 7, Form 10: Sustainability. (See attached IAQ :ertificates) FURNITURE. INSTALLATION AND RELATED PRODUCTS AND SERI7CES RFP4269-2019-105 JUNE 19. 2019 54 Reduced Packaging. In order to meet our goals for sustainability, we make every effort Please include any efforts made to reduce the to use recyclable and reusable materials, to ensure safe delivery packaging of the products included in of your product without producing excessive waste. this proposal. Pollution Preventi Please state your company's policy on source reduction. The Pollution Prevention Act defines source reduction to mean any practice that: (1) Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal, and (2) Reduces the hazards to public health and the environment associated with the release of such substances, pollutants or contaminants. The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or inventory control. )ur packaging is dependent on the size of the order and type of ►roduct being shipped. We are able to offer both "single" and bulk" packs, for example. In terms of packing materials, Knoll ypically uses corrugated cartons, plastic wrap, chair bags, foam :overs (for feet), and blanket wrapping. Knoll, in an ongoing :ommitment to lower its impact on the environment, has and will ;ontinue to look for more ways, in the future, to utilize greener ►acking methods. .noll packaging is generally corrugated cardboard. Dealers can rrange for local recycling companies to recycle the cardboard. ny pallets and containers used can be returned and are 100% le. he North American operations of Knoll, Inc. located in East ireenville, PA, Muskegon MI, Grand Rapids MI and Toronto ON :anada ("Knoll") pioneer products that inspire, evolve and endure. ►ur environmental and sustainability standards inform our product evelopment activities and shape the processes at all Knoll lcilities listed above. We are committed to empowering ssociates in leading UCLC policies and practices designed to rotect the biosphere, conserve natural resources and reduce ,aste. To that end, it is our policy to manufacture well -designed irniture, textiles and office accessories in the most nvironmentally responsible way. The success of our policy is ased on a holistic understanding of how people live, work nd interact with the environment. By design, we evaluate the environmental impact of all of our projects and take a proactive approach to environmental issues at our facilities and in our communities. Knoll Environmental Policy Goals: (Sustainable Use of Natural Resources 1+ Protect and enhance the environment through Ahe prevention of pollution and the preservation of Inatural resources aste Reduction and Protection of the Biosphere Eliminate or minimize a negative impact resulting from waste, nissions to air, land or water Risk Reduction + Manage all of our activities in a manner that meets or exceeds all applicable federal, state, provincial and local environmental regulations and requirements, sustainability practices and other requirements to which Knoll subscribes FURNITURE, ANSTALL4TIONAND RELATED PRODUCTS AND SERVICES RFP4 269-2019-105 DUNE 19, 2019 55 Life Cycle Management. Please state how many times your product may be reused. (Since reusable products generally require more upfront costs than disposable products, they are often subjected to a cost/benefit analysis in order to determine the life cycle cost). End of Life Management. Will the manufacturer or designee accept the product back at the end -of -life? (who pays for the transportation of the product may be situation -specific). easurable Continuous Improvement Establish and maintain leading environmental metrics, jectives and targets ssociate Engagement and Informing the Public Actively engage all Associates, other relevant stakeholders and irtners to drive Knoll's environmental values � Raise awareness, encourage participation and train Associates n environmental matters and develop the skills and abilities iecessary to perform all tasks that support this policy Knoll's Environmental Policy Statement is communicated to all loll Associates, other relevant parties and is available to the iblic via the Knoll website t least once per year, Knoll will review all aspects of our operations, policy and progress towards objectives and targets, hich are set for continuous improvement in our Environmental Management System. It is Knoll's expectation that all Knoll Associates, contractors, subcontractors and their workers meet or exceed the Jenvironmental requirements of this policy. .Knoll subscribes to the DfE principles. We use powerful software - based tools to evaluate the entire life cycle of a product, from raw materials extraction to what happens at the end of the product's useful life. This holistic vision of environmental impact means that e can adjust designs, materials or production processes to maximize sustainability. Knoll structures its LCA process in three phases, collecting three large sets of data: 1 Cradle to Gate: includes supply chain inputs, from raw materials xtraction to transportation and secondary manufacture of parts purchased by Knoll. 2 Gate to Gate: measures the processes that turn materials and parts into finished products. 3 Gate to Grave/Cradle: looks at what happens to a product at the end of its useful life. Our LCA process also produces transparency: we pass on the findings of our analysis to our customers in the form of an Environmental Product Declaration (EPD), a standardized tool for communicating the environmental performance of a product. The EPD uses a consistent set of indicators to relay information about raw material acquisition, energy use, emissions, and waste (generation. EPDs are third -party certified, and they help our customers earn points under the LEED v4 standard. ull Circle is the first program in the contract furniture industry to rovide comprehensive, integrated services for surplus furniture, Ktures and equipment (FF&E). Full Circle includes the traditional uy-back and re -selling of FFE assets as a first alternative, but Iso includes repurposing, recycling, and avoiding landfill through FURNITURE, INST.ALLATIONAND RELATED PRODUCTSAND SERl7CES RFP# 269-2019-105 J UNE 19, 2019 56 from -Waste conversion options for those assets that may fe any re -sale value. eveloped the Full Circle program in partnership with , a non-profit organization dedicated to extending the life f retired FIFE assets. ANEW delivers Full Circle through is alliances with the Knoll Dealer Network. ANEW has to a diverse range of field service companies, but first s with Knoll and dealer representatives to ensure your nce for surplus labor removal resources. cle is a total solution that addresses Knoll and other brand; Lure as well as fixtures and equipment: everything from lne and HVAC systems to carpeting and elevators. g in collaboration with Knoll, ANEW can develop a Full )ecommissioning Strategy for equipment surplus based on actives most important to your organization and use of the 1g services: :SELL REPURPOSE RECYCLE RECOVER Conn Fnw9f-*a W.W me fmanciai Maximize corporate Material resource ACA)" social responsibility recovery Landfill divorsion :ale: Sell usable FF&E to capture financial value, either as �ofit or to help offset the costs of FF&E removal, recycling, I/or transportation to an Energy -from -Waste Facility 3urpose: Donate usable FF&E to local non -profits for ial equity in the community and the tax benefits of donating 501(c)(3) organization (ANEW). ;ycle: Recycle FF&E that has no resale or repurpose ie. ;over Energy: Convert waste to clean energy diverting n landfill anything that cannot be recycled. )ort: ANEW can provide report, including documentation use toward LEED Certification. (Various aspects of the Full ;le program, including donation and recycling, can earn the -D material Resources, Construction Waste Management fits.) FURNITURE. INSTALLATION AND RELATED PRODUCTSAND SER17CES RFP14 269-2019-103 JUNE 19, 2019 57 CONTRACT #: 2020000608 VENDOR #: 308719 EXHIBIT D — FEDERAL CONTRACT TERMS AND CONDITIONS This Exhibit is attached and incorporated into the Furniture, Installation, and Related Products and Services (the "Contract") between the City of Charlotte and Knoll, Inc. (the "Company"). Capitalized terms not defined in this Exhibit shall have the meanings assigned to such terms in the Contract. In the event of a conflict between this Exhibit and the terms of the main body of the Contract or any other exhibit or appendix, the terms of this Exhibit shall govern. Debarment and Suspension. The Company represents and warrants that, as of the Effective Date of the Contract, neither the Company nor any subcontractor or subconsultant performing work under this Contract (at any tier) is included on the federally debarred bidder's list listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." If at any point during the Contract term the Company or any subcontractor or subconsultant performing work at any tier is included on the federally debarred bidder's list, the Company shall notify the City immediately. The Company's completed Form 8 — Vendor Debarment Certification is incorporated herein as Form D.1 below. 2. Record Retention. The Company certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Company further certifies that it will retain all records as required by 2 CFR § 200.333 for a period of three (3) years after it receives City notice that the City has submitted final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Procurement of Recovered Materials. The Company represents and warrants that in its performance under the Contract, the Company shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 4. Clean Air Act and Federal Water Pollution Control Act. The Company agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U. S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 5. Energy Efficiency. The Company certifies that the Company will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). The Company certifies that: 6.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Company, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of and Federal contract, grant, loan, or cooperative agreement. CONTRACT #: 2020000608 VENDOR #: 308719 6.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Company shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96)]. 6.3. The Company shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 6.4. The Company's completed Form 9 —Byrd Anti -Lobbying Certification is incorporated herein as Form D.2 below. 7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Company must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or purchases of transportation or transmission of intelligence. 8. Right to Inventions. If the federal award is a "funding agreement" under 37 CFR 401.2 and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment of performance or experimental, developmental or research work thereunder, the City must comply with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9. DHS Seal, Logo, and Flags. The Company shall not use the Department of Homeland Security ("DHS") seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 10. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the City, Company, or any other party pertaining to any matter resulting from the Contract. 11. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). In its performance under the Contract, the Company shall comply with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, the Company is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Company is required to pay wages not less than once a week. 12. Copeland "Anti -Kickback" Act (40 U.S.C. 3145). In its performance under the Contract, the Company shall comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that the Company is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. CONTRACT #: 2020000608 VENDOR #: 308719 13. Equal Employment Opportunity. In its performance under the Contract, the Company shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." REQUIRED FORM 8 — CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS RFP # 269-2019-105 FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES The bidder, contractor, or subcontractor, as appropriate, certifies to the best of its knowledge and belief that neither it nor any of its officers, directors, or managers who will be working under the Contract, or persons or entities holding a greater than 10% equity interest in it (collectively "Principals"): 1. Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any or state department or agency in the United States; 2. Have within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are presently indicted for or otherwise criminally or civilly charged by a government entity, (federal, state or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and 4. Have within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award or in some instances, criminal prosecution. CSC I hereby certify as stated above: Wayne McDorman (Print Name) Director Government Sales Title /J, h,- - - - - Signature On it)[ DI°� Date ❑ I am unable to certify to one or more the above statements. Attached is my, explanation. (Check box if applicable] (Print Name) Signature Title Date FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES RFP# 269-2019-105 RJNE 19, 2019 51 REQUIRED FORM 9 — BYRD ANTI -LOBBYING CERTIFICATION RFP # 269-2019-105 FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of and Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96)]. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including all subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Knoll, Inc_ (the "Company") certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Company understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Knoll, Inc. Company Name 1050 K Street. NW Address Washington. DC 20001 City/State/Zip FURNITURE, INSTALLATIONAND RELATED PRODUCTSAND SERVICES RFP# 269-2019-105 RUNE 19, 2019 52 Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. GL Seaman & Company 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. N/A Name of Officer 4J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F1 Yes F1 No 11 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). ] Digitally signed by Sara Desjardins Sara Desjardins cn=Sara Desjardins, mSeaman, ou, em email=sdesjardins@glsc.com, c=US Date: 2023.02.22 11:38:28-06'00' Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021