Common use of Workforce Plan and Durham Based-Business Plan Conditions Clause in Contracts

Workforce Plan and Durham Based-Business Plan Conditions. Company shall complete and return the document entitled “Durham-Based Business Plan” (attached hereto as Exhibit A) upon execution of this Agreement and comply with its provisions (as revised) during the term of this Agreement. Company shall complete and return the document entitled “Workforce Development Plan” (attached hereto as Exhibit B) upon execution of this Agreement and comply with its provisions during the term of this Agreement. 3.1.3.1 Company shall meet with the Director of the City’s Office of Economic and Workforce Development (“Director” and “OEWD”, respectively) prior to the Company entering into any contract(s) for construction of the Property in order to discuss potential contracting opportunities for goods and services or construction and repair work with Durham-based firms. 3.1.3.2 The Director will provide the Company with recommended goals for hiring such identified Durham-based firms. 3.1.3.3 In all solicitations for which goal(s) are established, Company, or Company’s contractor responsible for hiring construction related firms, will not enter into contracts without first soliciting bids from Durham-based firms and requiring bidders to submit a participation plan identifying whether it is a Durham-based firm (as defined by OEWD) and the level of participation of other Durham-based firms as subcontractors. If a bidder fails to achieve the goal(s), the bidder must submit documentation to Company of its good faith efforts to achieve the goal(s) within two working days after bid opening. Company shall take all reasonable actions needed to see that bidders comply with this subsection. Company shall make bids and documentation of good faith efforts available to the Director. 3.1.3.4 Company will notify the Director of OEWD of upcoming contracting opportunities to ascertain the availability of Durham-based firms that might be capable of providing the pertinent work. Each such notice shall be given in a manner and schedule so that the Durham-based firms will have a reasonable amount of time to respond. 3.1.3.5 Company will provide reports quarterly, or more frequently if requested by the City, using a form highly similar in format to, Exhibit C “City Of Durham Subcontractor Quarterly Record Of Payment Report”, on all contracting activity, to the Director, for reporting to the City Council. The reports shall be due the last day of April (for January – March), July (for April – June), October (for July – September) and January (for October – December).

Workforce Plan and Durham Based-Business Plan Conditions. Company shall complete and return the document entitled “Durham-Based Business Plan” (attached hereto as Exhibit A) upon execution of this Agreement and comply with its provisions (as revised) during the term of this AgreementCity Payment Period. Company shall complete and return the document entitled “Workforce Development Plan” (attached hereto as Exhibit B) upon execution of this Agreement and comply with its provisions during the term of this AgreementCity Payment Period. 3.1.3.1 Company shall meet with the Director of the City’s Office of Economic and Workforce Development (“Director” and “OEWD”, respectively) prior to the Company entering into any contract(s) for construction of the Property in order to discuss potential contracting opportunities for goods and services or construction and repair work with Durham-based firms. 3.1.3.2 The Director will provide the Company with recommended goals for hiring such identified Durham-based firms. 3.1.3.3 In all solicitations for which goal(s) are established, Company, or Company’s contractor responsible for hiring construction related firms, will not enter into contracts without first soliciting bids from Durham-based firms and requiring bidders to submit a participation plan identifying whether it is a Durham-based firm (as defined by OEWD) and the level of participation of other Durham-based firms as subcontractors. If a bidder Company’s contractor responsible for hiring construction related firms fails to achieve the goal(s), the bidder Company’s contractor responsible for hiring construction related firms must submit documentation to Company of its good faith efforts to achieve the goal(s) within two working days after bid opening. Company shall take all reasonable actions needed to see that bidders its contractors comply with this subsection. Company shall make bids and documentation of good faith efforts available to the Director. 3.1.3.4 Company will notify the Director of OEWD of upcoming contracting opportunities to ascertain the availability of Durham-based firms that might be capable of providing the pertinent work. Each such notice shall be given in a manner and schedule so that the Durham-based firms will have a reasonable amount of time to respond. 3.1.3.5 Company will provide reports quarterly, or more frequently if requested by the City, using a form highly similar in format to, Exhibit C “City Of Durham Subcontractor Durham-Based Business Plan Quarterly Record Of Payment Report”, on all contracting activity, to the Director, for reporting to the City Council. The reports shall be due the last day of April (for January – March), July (for April – June), October (for July – September) and January (for October – December).

Workforce Plan and Durham Based-Business Plan Conditions. Company shall complete and return the document entitled “Durham-Durham Based Business Plan” (attached hereto as Exhibit A) upon execution of this Agreement and comply with its provisions (as revised) during the term of this Agreement. Company shall complete and return the document entitled “Workforce Development Plan” (attached hereto as Exhibit B) upon execution of this Agreement and comply with its provisions during the term of this Agreement. 3.1.3.1 3.1.4.1 Company shall meet with the Director of the City’s Office of Economic and Workforce Development (“Director” and “OEWD”, respectively) prior to the Company entering into any contract(s) for construction of the Property in order to discuss potential contracting opportunities for goods and services or construction and repair work with Durham-based firms. 3.1.3.2 3.1.4.2 The Director will provide the Company with a list of identified Durham-based firms, including Small Disadvantaged Business Enterprises (SDBEs) certified by the City, that may be qualified to provide the goods and services or construction and repair work required by the Company for the Property. Prior to the execution of the Agreement, the Director will provide the Company with recommended goals for hiring such identified Durham-based firmsfirms including goals for SDBEs. 3.1.3.3 3.1.4.3 In all solicitations for which goal(s) are established, Company, or Company’s contractor responsible for hiring construction related firms, will not enter into contracts without first soliciting bids from Durham-based firms and requiring bidders to submit a participation plan identifying whether it is a Durham-based firm (as defined by OEWD) and the level of participation of other Durham-based firms as subcontractors. If a bidder fails the Company or its contractors fail to achieve the goal(s), the bidder Company must submit documentation to Company OEWD of its the good faith efforts made by the Company, its contractors and subcontractors to achieve the goal(s) within two working days after bid opening. Company shall take all reasonable actions needed to see that bidders comply with this subsection. Company shall make bids and documentation of good faith efforts available to the Director. 3.1.3.4 3.1.4.4 Company will notify the Director of OEWD of upcoming contracting opportunities to ascertain the availability of Durham-based firms that might be capable of providing the pertinent work. Each such notice shall be given in a manner and schedule so that the Durham-based firms firms, including those that are SDBEs, will have a reasonable amount of time to respond. 3.1.3.5 3.1.4.5 Company will provide quarterly reports quarterly, or more frequently if requested by using the City, using a form highly similar in format toattached form, Exhibit C “City Of Durham Subcontractor Quarterly Record Of Payment Report”, on all contracting activity, activity to the Director, Director for reporting to the City Council. The reports shall be are due the last day of April (for January – March), July (for April – June), October (for July – September) and January (for October – December).

Workforce Plan and Durham Based-Business Plan Conditions. Company shall complete and return the document entitled “Durham-Based Business Plan” (attached hereto as Exhibit A) upon execution of this Agreement and comply with its provisions (as revised) during for construction work necessary to complete the term of this Agreementcore and shell improvements to the Chesterfield Building and the Parking Garage. Company shall complete and return the document entitled “Workforce Development Plan” (attached hereto as Exhibit B) upon execution of this Agreement and comply with its provisions during for construction work necessary to complete the term core and shell renovations to the Chesterfield Building and the construction of this Agreement.a Parking Garage on a portion of the Associated Parking Properties. The requirements set forth below apply only to the core and shell renovation to the Chesterfield Building and the construction of a Parking Garage on a portion of the Associated Parking Properties: 3.1.3.1 Company shall meet with the Director of the City’s Office of Economic and Workforce Development (“Director” and “OEWD”, ,” respectively) prior to the Company entering into any contract(s) for construction of the Property in order to discuss potential contracting opportunities for goods and services or construction and repair work with Durham-based firms.. The City and the Company hereby acknowledge and agree that the requirements of this Section 3.1.3.1 have been met as of the date of this Agreement 3.1.3.2 The Director will provide the Company with recommended goals for hiring such identified Durham-based firms. The City and the Company hereby acknowledge and agree that the requirements of this Section 3.1.3.2 have been met as of the date of this Agreement. 3.1.3.3 In all solicitations for which goal(s) are established, Company, or Company’s contractor responsible for hiring construction related firms, will not enter into contracts without first soliciting bids from Durham-based firms, if such qualified firms exist in Durham, and requiring bidders to submit a participation plan identifying whether it is a Durham-based firm (as defined by OEWD) and the level of participation of other Durham-based firms as subcontractors. If a bidder Company’s contractor responsible for hiring construction related firms fails to achieve the goal(s), the bidder Company’s contractor responsible for hiring construction related firms must submit documentation to Company of its good faith efforts to achieve the goal(s) within two working days after bid opening). Company shall take all reasonable actions needed to see that bidders its contractors, as applicable, comply with this subsection. Company shall make bids and documentation of good faith efforts available to the DirectorDirector promptly upon request. Nothing contained herein, however, obligates the Company to solicit bids for specific trades which are parties to existing negotiated contracts, including, but not limited to, the general contractor the Company retained for the Project. 3.1.3.4 Company will notify the Director of OEWD of upcoming contracting opportunities to ascertain the availability of Durham-based firms that might be capable of providing qualified to provide the pertinent work. Each such notice shall be given in a manner and schedule so that the Durham-based firms will have a reasonable amount of time to respond. 3.1.3.5 Company will provide reports quarterly, or more frequently if requested by the City, but not more often than monthly, using a form highly similar in format to, Exhibit C “City Of Durham Subcontractor Based Business Plan Quarterly Record Of Payment Report”, ,” on all contracting activity, to the Director, for reporting to the City Council. The reports shall be due the last day of April (for January – March), July (for April – June), October (for July – September) and January (for October – December).

Workforce Plan and Durham Based-Business Plan Conditions. Company shall complete and return the document entitled “Durham-Durham Based Business Plan” (attached hereto as Exhibit A) upon execution of this Agreement and comply with its provisions (as revised) during the term of this Agreement. Company shall complete and return the document entitled “Workforce Development Plan” (attached hereto as Exhibit B) upon execution of this Agreement and comply with its provisions during the term of this Agreement. 3.1.3.1 3.1.4.1 Company shall meet with the Director of the City’s Office of Economic and Workforce Development (“Director” and “OEWD”, respectively) prior to the Company entering into any contract(s) for construction of the Property in order to discuss potential contracting opportunities for goods and services or construction and repair work with Durham-based firms. 3.1.3.2 3.1.4.2 The Director will provide the Company with a list of identified Durham-based firms that may be qualified to provide the goods and services or construction and repair work required by the Company for the Property. The Director will also provide the Company with recommended goals for hiring such identified Durham-based firms. 3.1.3.3 3.1.4.3 In all solicitations for which goal(s) are established, Company, or Company’s contractor responsible for hiring construction related firms, will not enter into contracts without first soliciting bids from Durham-based firms and requiring bidders to submit a participation plan identifying whether it is a Durham-based firm (as defined by OEWD) and the level of participation of other Durham-based firms as subcontractors. If a bidder fails to achieve the goal(s), the bidder must submit documentation to Company of its good faith efforts to achieve the goal(s) within two working days after bid opening. Company shall take all reasonable actions needed to see that bidders comply with this subsection. Company shall make bids and documentation of good faith efforts available to the Director. 3.1.3.4 3.1.4.4 Company will notify the Director of OEWD of upcoming contracting opportunities to ascertain the availability of Durham-based firms that might be capable of providing the pertinent work. Each such notice shall be given in a manner and schedule so that the Durham-based firms will have a reasonable amount of time to respond. 3.1.3.5 3.1.4.5 Company will provide quarterly reports quarterly, or more frequently if requested by using the City, using a form highly similar in format toattached form, Exhibit C “City Of Durham Subcontractor Quarterly Record Of Payment Report”, on all contracting activity, activity to the Director, Director for reporting to the City Council. The reports shall be are due the last day of April (for January – March), July (for April – June), October (for July – September) and January (for October – December).

Workforce Plan and Durham Based-Business Plan Conditions. Company shall complete and return the document entitled “Durham-Durham Based Business Plan” (attached hereto as Exhibit A) upon execution of this Agreement and comply with its provisions (as revised) during the term of this Agreement. Company shall complete and return the document entitled “Workforce Development Plan” (attached hereto as Exhibit B) upon execution of this Agreement and comply with its provisions during the term of this Agreement. 3.1.3.1 3.1.4.1. Company shall meet with the Director of the City’s Office of Economic and Workforce Development (“Director” and “OEWD”, respectively) prior to the Company entering into any contract(s) for construction of the Property in order to discuss potential contracting opportunities for goods and services or construction and repair work with Durham-based firms. 3.1.3.2 3.1.3.2. The Director will provide the Company with a list of identified Durham-based firms that may be qualified to provide the goods and services or construction and repair work required by the Company for the Property. The Director will also provide the Company with recommended goals for hiring such identified Durham-based firms. 3.1.3.3 3.1.3.3. In all solicitations for which goal(s) are established, Company, or Company’s contractor responsible for hiring construction related firms, will not enter into contracts without first soliciting bids from Durham-based firms and requiring bidders to submit a participation plan identifying whether it is a Durham-based firm (as defined by OEWD) and the level of participation of other Durham-based firms as subcontractors. If a bidder fails to achieve the goal(s), the bidder must submit documentation to Company of its good faith efforts to achieve the goal(s) within two working days after bid opening. Company shall take all reasonable actions needed to see that bidders comply with this subsection. Company shall make bids and documentation of good faith efforts available to the Director. 3.1.3.4 3.1.3.4. Company will notify the Director of OEWD of upcoming contracting opportunities to ascertain the availability of Durham-based firms that might be capable of providing the pertinent work. Each such notice shall be given in a manner and schedule so that the Durham-based firms will have a reasonable amount of time to respond. 3.1.3.5 3.1.3.5. Company will provide quarterly reports quarterly, or more frequently if requested by using the City, using a form highly similar in format toattached form, Exhibit C “City Of Durham Subcontractor Quarterly Record Of Payment Report”, on all contracting activity, activity to the Director, Director for reporting to the City Council. The reports shall be are due the last day of April (for January – March), July (for April – June), October (for July – September) and January (for October – December).

Workforce Plan and Durham Based-Business Plan Conditions. Company shall complete and return the document entitled “Durham-Durham Based Business Plan” (attached hereto as Exhibit A) upon execution of this Agreement and comply with its provisions (as revised) during the term of this Agreement. Company shall complete and return the document entitled “Workforce Development Plan” (attached hereto as Exhibit B) upon execution of this Agreement and comply with its provisions during the term of this Agreement. 3.1.3.1 3.1.3.1. Company shall meet with the Director of the City’s Office of Economic and Workforce Development (“Director” and “OEWD”, respectively) prior to the Company entering into any contract(s) for construction of the Property in order to discuss potential contracting opportunities for goods and services or construction and repair work with Durham-based firms. 3.1.3.2 3.1.3.2. The Director will provide the Company with a list of identified Durham-based firms that may be qualified to provide the goods and services or construction and repair work required by the Company for the Property. The Director will also provide the Company with recommended goals for hiring such identified Durham-based firms. 3.1.3.3 3.1.3.3. In all solicitations for which goal(s) are established, Company, or Company’s contractor responsible for hiring construction related firms, will not enter into contracts without first soliciting bids from Durham-based firms and requiring bidders to submit a participation plan identifying whether it is a Durham-based firm (as defined by OEWD) and the level of participation of other Durham-based firms as subcontractors. If a bidder fails to achieve the goal(s), the bidder must submit documentation to Company of its good faith efforts to achieve the goal(s) within two working days after bid opening. Company shall take all reasonable actions needed to see that bidders comply with this subsection. Company shall make bids and documentation of good faith efforts available to the Director. 3.1.3.4 3.1.3.4. Company will notify the Director of OEWD of upcoming contracting opportunities to ascertain the availability of Durham-based firms that might be capable of providing the pertinent work. Each such notice shall be given in a manner and schedule so that the Durham-based firms will have a reasonable amount of time to respond. 3.1.3.5 3.1.3.5. Company will provide quarterly reports quarterly, or more frequently if requested by using the City, using a form highly similar in format toattached form, Exhibit C “City Of Durham Subcontractor Quarterly Record Of Payment Report”, on all contracting activity, activity to the Director, Director for reporting to the City Council. The reports shall be are due the last day of April (for January – March), July (for April – June), October (for July – September) and January (for October – December).

Workforce Plan and Durham Based-Business Plan Conditions. Company shall complete and return the document entitled “Durham-Durham Based Business Plan” (attached hereto as Exhibit A) upon execution of this Agreement and comply with its provisions (as revised) during the term of this Agreement. Company shall complete and return the document entitled “Workforce Development Plan” (attached hereto as Exhibit B) upon execution of this Agreement and comply with its provisions during the term of this Agreement. 3.1.3.1 3.1.4.1 Company shall meet with the Director of the City’s Office of Economic and Workforce Development (“Director” and “OEWD”, respectively) prior to the Company entering into any contract(s) for construction of the Property in order to discuss potential contracting opportunities for goods and services or construction and repair work with Durham-based firms. 3.1.3.2 3.1.4.2 The Director will provide the Company with recommended goals for hiring such a list of identified Durham-based firms, including Small Disadvantaged Business Enterprises (SDBEs) certified by the City, that may be qualified to provide the goods and services or construction and repair work required by the Company for the Property. The proposed goals for the project would be 15% of contracting value to Durham-Based firms, including 5% to Durham-based Small Disadvantaged Business Enterprises. 3.1.3.3 3.1.4.3 In all solicitations for which goal(s) are established, Company, or Company’s contractor responsible for hiring construction related firms, will not enter into contracts without first soliciting bids from Durham-based firms and requiring bidders to submit a participation plan identifying whether it is a Durham-based firm (as defined by OEWD) and the level of participation of other Durham-based firms as subcontractors. If a bidder fails the Company or its contractors fail to achieve the goal(s), the bidder Company must submit documentation to Company OEWD of its the good faith efforts made by the Company, its contractors and subcontractors to achieve the goal(s) within two working days after bid opening. Company shall take all reasonable actions needed to see that bidders comply with this subsection. Company shall make bids and documentation of good faith efforts available to the Director. 3.1.3.4 3.1.4.4 Company will notify the Director of OEWD of upcoming contracting opportunities to ascertain the availability of Durham-based firms that might be capable of providing the pertinent work. Each such notice shall be given in a manner and schedule so that the Durham-based firms firms, including those that are SDBEs, will have a reasonable amount of time to respond. 3.1.3.5 3.1.4.5 Company will provide quarterly reports quarterly, or more frequently if requested by using the City, using a form highly similar in format toattached form, Exhibit C “City Of Durham Subcontractor Quarterly Record Of Payment Report”, on all contracting activity, activity to the Director, Director for reporting to the City Council. The reports shall be are due the last day of April (for January – March), July (for April – June), October (for July – September) and January (for October – December).