CONTRACT NO.: S1-1124.

STATE OF NORTH CAROLINA PROFESSIONAL SERVICES AGREEMENT

COUNTY OF NEW HANOVER

THIS AGREEMENT made and entered into on the date executed by all parties, by and between
the City of Wilmington, a North Carolina municipal corporation, hereinafter referred to as the "CITY",
and The Forte Institute, LLC, hereinafter referred to as the "CONSULTANT".

WITNESSETH

WHEREAS, the CITY desires to retain and engage the CONSULTANT to perform certain
professional services hereinafter described, and further that the parties hereto desire to reduce the terms of
this Agreement to writing.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and agreed upon by the parties, and in further consideration of the covenants and
representations contained herein, the parties agree as follows:

1. Term of Agreement. The term of this Agreement shall commence as of the date set forth
above and continue through to the completion of the project unless sooner terminated as provided herein.
In the event that any Work, Service, Object, or value, contemplated within the Scope of Work of the
Agreement, was provided by the CONSULTANT to the CITY and with the CITY's consent, prior to the
execution of this Agreement, then the terms of this Agreement shall also govern all aspects of provision
of that Work, Service, Object, or value, unless such provision was governed by a previously written,
valid, and executed Agreement between the Parties.

2. Consultant's Services. The CONSULTANT hereby agrees to perform, in a manner

satisfactory to the CITY, professional and timely services as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference. The parties agree that only the terms and conditions outlined in this
Agreement, not those described or referenced by Exhibit "A," shall apply unless explicitly stated
otherwise in the body of this Agreement.

3. Compensation to Consultant. The CITY hereby agrees to pay to CONSULTANT the

amount not to exceed Twenty-Nine Thousand Five Hundred Fifty Dollars and 00/100 ($29,550.00) for
services as provided herein. In the event that CONSULTANT should fail to provide the services as set forth
above, CITY shall be entitled to a refund of its payment(s) to CONSULTANT. Payment will be made
within 30 days after receipt of an approved invoice. The CITY hereby agrees to pay reimbursable expenses
with no more than a five percent (5%) markup within 30 days after receipt of an approved invoice with
receipts attached. The CITY agrees to pay travel and meal expenses at the current GSA mileage and per
diem rates without mark­ up within 30 days after receipt of an approved invoice.

4. Termination. CITY shall have the right to terminate this Agreement at any time and without
cause upon thirty (30) days written notice to the other party.

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 5. Records. The CITY has the right to audit all records pertaining to this Agreement both
during its performance and after its completion. Further, upon termination of this Agreement, the
CONSULTANT shall deliver to the CITY all records, notes, memorandum, data, documents or any other
materials produced by CONSULTANT in connection with services rendered pursuant to this Agreement.
If compensation for expenses shall be provided to CONSULTANT, the CONSULTANT shall maintain all
expense charge documents for a period of three (3) years following the completion of this agreement and
said documents shall only be forwarded to the CITY upon request.

6. Ownership of Documents. The CONSULTANT agrees that all materials and documents
developed pursuant to this Agreement shall be the exclusive property of the CITY, and the CONSULTANT
shall retain no property or copyright interest therein. Further, upon termination of this Agreement, the
CONSULTANT shall deliver to the CITY all records, notes, memorandum, data, documents or any other
materials received or obtained from the CITY in connection with services rendered pursuant to this
Agreement.

7. Independent Contractor. This Agreement does not create an employee/employer

relationship between the parties. It is the intention of the parties that the CONSULTANT will be an
independent contractor and not the CITY's employee for all purposes, including, but not limited to, the
application of the Fair Labor Standards Act, the Social Security Act, the Federal Unemployment Tax Act,
the provisions of the federal Internal Revenue Code, the provisions of the North Carolina revenue and
taxation laws, the North Carolina Wage and Hour Act, the North Carolina Workers' Compensation Act, and
the provisions of the North Carolina Employment Security Law. The CONSULTANT will retain sole and
absolute discretion in the judgment of the manner and means of carrying out the CONSULTANT's
activities and responsibilities hereunder. The CONSULTANT agrees that he/she/it is a separate and
independent enterprise from the CITY; and that it has a full opportunity to find other business, that it has
made its own investment in its business, and that it will utilize a high level of skill necessary to perform the
services described herein. This Agreement shall not be construed as creating any joint employment
relationship between the CONSULTANT and the CITY, and the CITY will not be liable for any obligation
incurred by the CONSULTANT, including but not limited to unpaid minimum wages and/or overtime
premiums.

8. Release and Indemnity. To the fullest extent permitted by law, CONSULTANT shall
release, indemnify, keep and save harmless the CITY, its agents, officials and employees, from any and
all responsibility or liability for any and all damage or injury of any kind or nature whatever (including
death resulting therefrom) to all persons, whether agents, officials or employees of the CITY or third
persons, and to all property proximately caused by, directly or indirectly, the performance or
nonperformance by CONSULTANT (or by any person acting for CONSULTANT or for whom
CONSULTANT is or is alleged to be in any way responsible), whether such claim may be based in
whole or in part upon contract, tort (including alleged active or passive negligence or participation in the
wrong), or upon any alleged breach of any duty or obligation on the part of CONSULTANT, its agents,
officials and employees or otherwise. The provisions of this Section shall include any claims for
equitable relief or for damages (compensatory or punitive) against the CITY, its agents, officials, and
employees including alleged injury to the business of any claimant and shall include any and all losses,
damages, injuries, settlements, judgments, decrees, awards, fines, penalties, claims, costs and expenses.

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Expenses as used herein shall include without limitation the costs incurred by the CITY, its agents,
officials and employees, in connection with investigating any claim or defending any action, and shall
also include reasonable attorneys' fees by reason of the assertion of any such claim against the CITY, its
agents, officials or employees. CONSULTANT expressly understands and agrees that any performance
bond or insurance protection required by this agreement, or otherwise provided by the CONSULTANT,
shall in no way limit CONSULTANT's responsibility to release, indemnify, keep and save harmless and
defend the CITY as herein provided. The intention of the parties is to apply and construe broadly in
favor of the CITY the foregoing provisions subject to the limitations, if any, set forth in N.C.G.S. 22B-1.

9. Representatives of the Parties. Anthony N. Caudle, City Manager, is designated as the

CITY's contract administrator for this Agreement. The contract administrator shall be responsible for
monitoring the CONSULTANT's performance, coordinating the CONSULTANT's activities, approving all
administrative requests by the CONSULTANT and approving all payments to the CONSULTANT
pursuant to this Agreement. Further, any notice required to the CITY under this Agreement shall be
sufficient if mailed to the CITY by certified mail as indicated below:
Anthony N. Caudle, City Manager
City of Wilmington
P.O. Box 1810
Wilmington, NC 28402
Hoop Morgan shall be the CONSULTANT's representative for this Agreement. Any notice
required to the CONSULTANT under this Agreement shall be sufficient if mailed to the CONSULTANT
by certified mail as indicated below:

The Forte Institute, LLC

3150 Spring Forest Rd. Suite 116
Raleigh, NC 27616

10. Other Laws and Regulations. CONSULTANT will comply with any and all applicable
federal, state and local standards, regulations, laws, statutes and ordinances including those regarding
toxic, hazardous and solid wastes and any pollutants; public and private nuisances; health or safety; and
zoning, subdivision or other land use controls. CONSULTANT will take all reasonably necessary,
proper or required safety, preventative and remedial measures in accordance with any and all relations
and directives from the North Carolina Department of Human Resources, the United States
Environmental Protection Agency, the North Carolina Department of Environmental Quality, Health
Departments, and any other federal, state or local agency having jurisdiction, to insure the prompt
prevention or cessation (now or in the future) of violations of either the applicable provisions of such
standards, regulations, laws, statutes, and ordinances or any permits or conditions issued thereunder.
CONSULTANT specifically acknowledges and agrees that CONSULTANT, and any subcontractors it
uses, has complied with and shall continue to comply with the provisions of the federal E-Verify
program in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes.
CONSULTANT shall maintain adequate safeguards with respect to sensitive customer information in
conformance with and pursuant to 16 C.F.R. §681.1 and in accordance with N.C. Gen. Stat. §132-1.10
and §75-65.

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11. Insurance Requirements.

A. Commercial General Liability

1. CONSULTANT shall maintain Commercial General Liability (CGL) and if necessary,
Commercial Umbrella Liability insurance with a total limit of not less than $1,000,000
each occurrence for bodily injury and property damage. If such CGL insurance contains
a general aggregate limit, it shall apply separately to this project/location or the general
aggregate shall be twice the required limit.
2. CGL insurance shall be written on Insurance Services Office (ISO) "occurrence" form
CG 00 01 covering Commercial General Liability or its equivalent and shall cover the
liability arising from premises, operations, independent CONSULTANTs, products­
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
3. The City of Wilmington, its officers, officials, agents, and employees are to be covered as
additional insureds under the CGL by endorsement CG 20 10 or CG 20 33 AND CG 20
37 or an endorsement providing equivalent coverage as respects to liability arising out of
activities performed by or on behalf of the CONSULTANT; products and completed
operations of the CONSULTANT; premises owned, leased or used by the
CONSULTANT; and under the commercial umbrella, if any. The coverage shall contain
no special limitations on the scope of protection afforded to the City of Wilmington, its
officers, officials, agents, and employees.
4. There shall be no endorsement or modification of the CGL or Umbrella Liability limiting
the scope of coverage for liability arising from explosion, collapse, underground property
damage, or damage to the named insured's work, when those exposures exist.
5. The CONSULTANT's Commercial General Liability insurance shall be primary as
respects the City of Wilmington, its officers, officials, agents, and employees. Any other
insurance or self-insurance maintained by the City of Wilmington, its officers, officials,
and employees shall be excess of and not contribute with the CONSULTANT's
msurance.
6. The insurer shall agree to waive all rights of subrogation against the City of Wilmington,
its officers, officials, agents and employees for losses arising from work performed by the
CONSULTANT for the City of Wilmington.
B. Workers' Compensation and Employer's Liability – Not Applicable
1. CONSULTANT shall maintain Workers' Compensation as required by the general
statutes of the State of North Carolina and Employer's Liability Insurance.
2. The Employer's Liability, and if necessary, Commercial Umbrella Liability insurance
shall not be less than $500,000 each accident for bodily injury by accident, $500,000
each employee for bodily injury by disease, and $500,000 policy limit.
3. The insurer shall agree to waive all rights of subrogation against the City of Wilmington,
its officers, officials, agents and employees for losses arising from work performed by the
CONSULTANT for the City of Wilmington.

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 4. The U.S. Longshore and Harbor Workers’ Compensation Act endorsement shall be
attached to the policy when the services will be on or in close proximity to navigable
waterways.
5. The Maritime Coverage endorsement (WC 00 02 01) shall be attached to the policy when
the contracted services involve the use of watercraft.

NOTE: Additional requirements needed if you have a borrowed servant, offshore platforms
or federal act situation. (Federal Acts such as the Defense Base Act, Migrant and Seasonal
Agricultural Worker Protection Act, and the Federal Coal Mine Health and Safety Act, etc.)
C. Business Auto Liability - Not Applicable
1. CONSULTANT shall maintain Business Auto Liability and, if necessary, Commercial
Umbrella Liability insurance with a limit of not less than $1,000,000 each accident.
2. Such insurance shall cover liability arising out of any auto, including owned, hired, and
non-owned autos.
3. Business Auto coverage shall be written on ISO form CA 00 01, or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage equivalent to that provided in ISO form CA 00 01.
4. Pollution liability coverage equivalent to that provided under the ISO pollution liability-
broadened coverage for covered autos endorsement (CA 99 48) shall be provided, and the
Motor Carrier Act endorsement (MCS 90) shall be attached when those exposures exist.
5. CONSULTANT waives all rights against the City of Wilmington, its officers, officials,
agents and employees for recovery of damages to the extent these damage are covered by
the business auto liability or commercial umbrella liability insurance obtained by
CONSULTANT pursuant to Section 11.C.1 of this agreement.
6. The CONSULTANT's Business Auto Liability insurance shall be primary as respects the
City of Wilmington, its officers, officials, agents, and employees. Any other insurance or
self-insurance maintained by the City of Wilmington, its officers, officials, and
employees shall be excess of and not contribute with the CONSULTANT's insurance.
CI. Professional Liability Insurance
1. CONSULTANT shall maintain in force for the duration of this contract professional
liability or errors and omissions liability insurance appropriate to the CONSULTANT's
profession. Coverage as required in this paragraph shall apply to liability for a
professional error, act, or omission arising out of the scope of the CONSULTANT's
services as defined in this contract. Coverage shall be written subject to limits of not less
than $1,000,000 per claim.
2. If coverage required in paragraph 1 above is written on a claims-made basis, the
CONSULTANT warrants that any retroactive date applicable to coverage under the
policy precedes the effective date of this contract; and that continuous coverage will be
maintained or an extended discovery period will be exercised for a period of 2 (two)
years beginning from the time that work under the contract is complete.
CII. Deductibles and Self-Insured Retentions

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 1. The CONSULTANT shall be solely responsible for the payment of all deductibles to
which such policies are subject, whether or not the City of Wilmington is an insured
under the policy.
F. Miscellaneous Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1. Each insurance policy required by this contract shall be endorsed to state that coverage
shall not be canceled by either party except after 30 days prior written notice has been
given to the City of Wilmington, PO Box 1810, Wilmington, NC 28402-1810.
2. If CONSULTANT's liability policies do not contain the standard ISO separation of
insureds provision, or a substantially similar clause, they shall be endorsed to provide
cross-liability coverage.
G. Acceptability of lnsurers

Insurance is to be placed with insurers licensed to do business in the State of North Carolina with
an A.M. Best's rating of no less than A VII unless specific approval has been granted by the City
of Wilmington.

H. Evidence of Insurance
1. The CONSULTANT shall furnish the City of Wilmington with a certificate(s) of
insurance, executed by a duly authorized representative of each insurer, showing
compliance with the insurance requirements prior to commencing the work, and
thereafter upon renewal or replacement of each certified coverage until all operations
under this contract are deemed complete.
2. Evidence of additional insured status shall be noted on the certificate of insurance as per
requirements in Section 11.
3. With respect to insurance maintained after final payment in compliance with
requirements, an additional certificate(s) evidencing such coverage shall be provided to
the City of Wilmington with final application for payment and thereafter upon renewal or
replacement of such insurance until the expiration of the period for which such insurance
must be maintained.
I. Subcontractors

CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish
separate certificates for each sub consultant. All coverage for subcontractors shall be subject to
all of the requirements stated herein. Commercial General Liability coverage shall include
independent CONSULTANT's coverage, and the CONSULTANT shall be responsible for
assuring that all subcontractors are properly insured.

J. Conditions
1. The insurance required for this contract must be on forms acceptable to the City of
Wilmington.
2. The CONSULTANT shall provide that the insurance contributing to satisfaction of
insurance requirements in Section 11. Minimum Scope and Insurance Requirements

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 shall not be canceled, terminated or modified by the CONSULTANT without prior
written approval of the City of Wilmington.
3. The CONSULTANT shall promptly notify the Safety & Risk Manager at (910) 341-5864
of any accidents arising in the course of operations under the contract causing bodily
injury or property damage.
4. The City of Wilmington reserves the right to obtain complete, certified copies of all
required insurance policies, at any time.
5. Failure of the City of Wilmington to demand a certificate of insurance or other evidence
of full compliance with these insurance requirements or failure of the City of Wilmington
to identify a deficiency from evidence that is provided shall not be construed as a waiver
of CONSULTANT's obligation to maintain such insurance.
6. By requiring insurance herein, the City of Wilmington does not represent that coverage
and limits will necessarily be adequate to protect the CONSULTANT and such coverage
and limits shall not be deemed as a limitation of CONSULTANT's liability under the
indemnities granted to the City of Wilmington in this contract.
7. The City of Wilmington shall have the right, but not the obligation of prohibiting
CONSULTANT or any sub consultant from entering the project site or withhold payment
until such certificates or other evidence that insurance has been placed in complete
compliance with these requirements is received and approved by the City of Wilmington.
12. No Presumption. None of the Parties shall be considered the drafter of this Agreement
or any provision hereof for the purpose of any statute, case law, or rule of interpretation or construction
that would or might cause any provision to be construed against the drafter hereof This Agreement was
drafted with substantial input by all Parties and their counsel, and no reliance was placed on any
representations other than those contained herein.

13. Entire Agreement and Amendment. This Agreement, including any Exhibits attached,
which are incorporated herein and made a part hereof, constitutes the entire contract between the parties,
and no warranties, inducements, considerations, promises or other inferences shall be implied or
impressed upon this Agreement that are not set forth herein. This Agreement shall not be altered or
amended except in writing signed by all Parties.

14. No Assignment. No party shall sell or assign any interest in or obligation under this
Agreement without the prior express written consent of all the parties.

15. Conflict of Interest. No paid employee of the CITY shall have a personal or financial
interest, direct or indirect, as a contracting party or otherwise, in the performance of this Agreement.

16. Non-Waiver of Rights. It is agreed that the CITY's failure to insist upon the strict
performance of any provision of this Agreement, or to exercise any right based upon a breach thereof, or the
acceptance of any performance during such breach, shall not constitute a waiver of any rights under this
Agreement.

17. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall
be binding upon and inure to the benefit of and be enforceable by the parties and their respective
successors and assigns.

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 18. Reference. Use of the masculine includes feminine and neuter, singular includes plural;
and captions and headings are inserted for convenience of reference and do not define, describe, extend or
limit the scope of intent of this Agreement.

19. Interpretation/Governing Law. All of the terms and conditions contained herein shall be
interpreted in accordance with the laws of the State of North Carolina without regard to any conflicts of
law principles and subject to the exclusive jurisdiction of federal or state courts within the State of North
Carolina. In the event of a conflict between the various terms and conditions contained herein or between
these terms and other applicable provisions, then the more particular shall prevail over the general and the
more stringent or higher standard shall prevail over the less stringent or lower standard. The place of this
Agreement, its situs and forum, shall be Wilmington, New Hanover County, North Carolina, and in said
County and State shall all matters, whether sounding in contract or tort relating to the validity,
construction, interpretation or enforcement of this Agreement be determined.

20. Saving Clause. If any section, subsection, paragraph, sentence, clause, phrase or portion
of this Agreement is for any reason held invalid, unlawful, or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the
remaining portions hereof

21. Time. Time is of the essence in this Agreement and each and all of its provisions.

22. Immunity Not Waived. This Agreement is governmental in nature, for the benefit of the
public. CONSULTANT acknowledges that City reserves all immunities, defenses, rights or actions
arising out of City's sovereign status under applicable law. No waiver of any such immunities, defenses,
rights or actions shall be implied or otherwise deemed to exist by reason of City's entry into this
Agreement.

23. Non-Appropriation. In the event no City funds or insufficient City funds are appropriated
or otherwise available by any means whatsoever in any fiscal year for any payment due under this
Agreement, then the City will immediately notify CONSULTANT of such occurrence and this
Agreement shall create no further obligation of the City as to such fiscal year and shall be null and void,
except as to the portions of payments for which funds shall have been appropriated and budgeted. In
such event, this Agreement shall terminate on the last day of the fiscal year for which appropriations
were received without penalty or expense to the City of any kind whatsoever.

24. Authority to Act. Each of the persons executing this Agreement on behalf of
CONSULTANT does hereby covenant, warrant and represent that the CONSULTANT is a duly
organized and validly existing legal entity authorized to transact business within the State of North
Carolina, that the CONSULTANT has full right and authority to enter into this Agreement, and that each
and all persons signing on behalf of the CONSULTANT were authorized to do so.

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 25. Non-Discrimination. CONSULTANT will take affirmative action not to discriminate
against any employee or applicant for employment or otherwise illegally deny any person participation in or
the benefits of the program which is the subject of this agreement because of race, creed, color, sex, age,
disability or national origin. To the extent applicable, CONSULTANT will comply with all provisions of
Executive Order No. 11246 the Civil Rights Act of 1964, (P.L. 88-352) and 1968 (P.L. 90-284), and all
applicable federal, state and local laws, ordinances, rules, regulations, orders, instructions, designations and
other directives promulgated to prohibit discrimination. Violation of this provision, after notice, shall be a
material breach of this agreement and may result, at CITY's option, in a termination or suspension of this
agreement in whole or in part.

26. Counterparts. This Agreement may be executed in several counterparts, including separate
counterparts. Each shall be an original, but all of them together constitute the same instrument.

27. No Publicity. No advertising, sales promotion or other materials of the CONSULTANT or

its agents or representations may identify or reference this Contract or the CITY in any manner absent the
written consent of the CITY. Notwithstanding the forgoing, the parties agree that the CONSULTANT
may list the CITY as a reference in responses to requests for proposals, and may identify the CITY as a
customer in presentations to potential customers.

28. CITY Not Liable For Special or Consequential Damages. The CITY shall not be liable to
the CONSULTANT, 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 consequential, indirect or special
damages or lost profits related to this Contract.

29. Public Records. CONSULTANT acknowledges that the CITY is a public entity, subject
to North Carolina's public records laws (N.C. Gen. Stat. 132) and that any documents related to this
Agreement may be subject to disclosure pursuant to state law in response to a public records request or
to subpoena or other judicial process.

If CONSULTANT believes documents related to the Agreement contain trade secrets or other
proprietary data, CONSULTANT must notify the CITY and include with the notification a statement
that explains and supports CONSULTANT'S claim. CONSULTANT also must specifically identify the
trade secrets or other proprietary data that CONSULTANT believes should remain confidential.

In the event the CITY determines it is legally required to disclose pursuant to law any documents or
information CONSULTANT deems confidential trade secrets or proprietary data, the CITY, to the
extent possible, will provide CONSULTANT with prompt written notice by certified mail, fax, email, or
other method that tracks delivery status of the requirement to disclose the information so
CONSULTANT may seek a protective order from a court having jurisdiction over the matter or obtain
other appropriate remedies. The notice will include a time period for CONSULTANT to seek court
ordered protection or other legal remedies as deemed appropriate by CONSULTANT. If
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CONSULTANT does not obtain such court ordered protection by the expiration of said time period, the
CITY may release the information without further notice to CONSULTANT.

30. Minority Business Enterprise (MBE)

The CITY desires that minority business enterprises have the maximum opportunity to participate in
the performance of this contract and will:

1. Promote affirmatively (where feasible) in accordance with North Carolina General

Statute 143-129, together with all other applicable laws, statutes and constitutional
provisions, the procurement of goods, services in connection with construction projects
for minority owned business enterprises.

2. Ensure that competitive and equitable bidding opportunities are followed to afford
minority business enterprises participation. Strive to obtain contract and subcontract
awards to minority business enterprises.

3. Identify and communicate to the minority business enterprises community

procedures and contract requirements necessary for procurement of goods and services
for construction projects and subcontracts.

4. Provide technical assistance as needed.

5. Promulgate and enforce contractual requirements that the general CONSULTANT or

all construction projects shall exercise all necessary and reasonable steps to ensure that
minority business enterprises participate in the work required in such construction
contracts.

The CONSULTANT shall insure that minority business enterprises have the maximum opportunity to
compete for and perform portions of the work included in this contract and shall not discriminate on the
basis of race, color, national origin or sex. The CONSULTANT shall include this special provision,
Minority Business Enterprise (MBE), in all subcontracts for this contract. Failure on the part of the
CONSULTANT to carry out the requirements set forth in this special provision may constitute a breach
of contract and after proper notification may result in termination of the contract or other appropriate
remedy.

A minority business enterprise is defined as a business, with at least fifty-one (51%) percent owned
and controlled by minority group members. The minority ownership must exercise actual day-to-day
management. Minority group members may consist of Black Americans (an individual of the Black
race of African origin), Hispanic Americans (an individual of a Spanish speaking culture and origin at
parentage), Asian Americans (an individual of a culture, origin or parentage traceable to the areas of the
Far East, Southeast Asia, the Indian subcontinent and the Pacific Islands), Indian Americans (an
individual who is an enrolled member of a Federally recognized Indian tribe, or recognized by the tribe
as being an Indian, as evidenced by a certification of a tribal leader), American Aleuts or any recognized
minority group approved by the CITY.

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A Woman Business Enterprise is a business with at least fifty-one (51%) percent owned and controlled
by women who exercise actual day-to-day management.

The CONSULTANT shall exercise all necessary and reasonable steps to ensure that Minority Business
Enterprises and Woman Business Enterprises participate in the work required in this contract. The
CONSULTANT agrees by executing this contract that he will exercise all necessary and reasonable
steps to ensure that this special provision contained herein on Minority Business Enterprise is complied
with.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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 IN WITNESS WHEREOF, the CITY has caused this Agreement to be duly executed in its
name and behalf and the CONSULTANT has caused this Agreement to be duly executed in its name
and behalf.

CITY OF WILMINGTON, NORTH CAROLINA

E-SIGNED by Mary Vigue
on 2024-11-07 12:19:08 EST
BY:
Mary Vigue, Deputy City Manager

November 07, 2024

DATE:

WITNESS:
E-SIGNED by Daryle Parker
on 2024-11-07 14:03:30 EST
Daryle L. Parker, Purchasing Manager

APPROVED AS TO FORM:
E-SIGNED by Gina Essey
on 2024-11-06 17:04:11 EST
Gina Essey, Assistant City Attorney

FINANCE OFFICER’S CERTIFICATION STATEMENT

This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal
Control Act.

This 6 day of November , 2024.

E-SIGNED by Jennifer Maready

on 2024-11-06 09:43:13 EST
Jennifer R. Maready, Finance Director

Project String: N/A

Org: 10081100 Obj 545079
Amount: $29,550.00
Requisition: #25002477
Federal ID: #56-6000269

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 In witness whereof, the Party, intending to be legally bound, have caused their proper and duly
authorized officer to execute and deliver this Agreement.

Forte Institute

E-SIGNED by C.D. Morgan

By: on 2024-11-05 17:26:05 EST
President/Vice President/Secretary/
Treasurer/or Company Authorized Signatory

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Exhibit A
 Reviewed By

Nicole L. Strickland, Purchasing Admin Spec - N.S. Date: November 05, 2024

Daryle L. Parker, Purchasing Manager - D.P. Date: November 05, 2024

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