2022200026_RFQ_Downtown Plantings Hanging Baskets.fillable.pdf

Request for Quotation

PLANTS FOR DOWNTOWN BEDS & HANGING

BASKETS

Solicitation Number RFQ #2022200026

Due Date and Time: Wednesday, November 17, 2021 at 3:00 PM

CITY OF EUGENE

Central Services

Finance Division/Purchasing 100 West 10th Avenue, Suite 400

Eugene, Oregon 97401 Telephone: (541) 682-5055

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I. INVITATION TO SUBMIT QUOTATIONS

CITY OF EUGENE INVITATION TO SUBMIT QUOTATIONS

Solicitation Number RFQ #2022200026

Notice to Suppliers Pursuant to ORS 279B.070 and City of Eugene Administrative Order 44-14-08F Public Contracting Rule (City Rule) 137-047-0270, Quotes for Plants for Downtown Beds & Hanging Baskets for the City of Eugene will be accepted by the Purchasing Office until Wednesday, November 17, 2021 at 3:00 pm PST.

Quotes will not be accepted after the Quote closing time and date. Quotes shall be valid for sixty (60) days after opening unless otherwise specified in the Quote specifications. This Invitation to Submit Quotations does not commit the City to pay any costs incurred by any Quoter in the submission of a Quote.

Project Description In general, work includes providing plants for the City of Eugene’s downtown flower beds, providing plants and planting them in City hanging baskets and the delivery of these plants and the planted hanging baskets as described in Section IV, Requirements/Specifications. The City intends to award a three-year contract for these goods and services.

Solicitation Documents Solicitation documents may be examined electronically by logging in to OregonBuys. Offeror must be registered with OregonBuys. (registration is free) to view City of Eugene solicitations:

• Scroll to Supplier Activities

• Click the Open Bids icon

• Click the Advanced Search button

• Click Select Organization

• Select City of Eugene

• Click Search

• Click the Bid Solicitation # to view solicitation details and documents

Offerors who need assistance with OregonBuys can contact the Supplier Help Desk (through Periscope Holdings) at support.oregonbuys@oregon.gov or 1-855-800-5046.

A copy of the Solicitation may be also be obtained by email request to the Purchasing Analyst shown below.

Dated: November 1, 2021

Margaret Merisante, Purchasing Analyst City of Eugene MMerisante@eugene-or.gov https://oregonbuys.gov/bso/ mailto:support.oregonbuys@oregon.gov mailto:MMerisante@eugene-or.gov

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II. INSTRUCTIONS TO QUOTERS

1.0 QUOTE FORM

1.1 Quotes shall be submitted on forms identical to the form provided by the City. The

Quoter shall make no alterations or additional stipulations on the Quote form, nor qualify the Quote in any other manner. Alteration of any part of the Quote form content may cause the Quote to be considered Non-responsive.

1.2 Complete sets of Quote documents shall be used in preparing Quotes.

2.0 SUBMISSION

2.1 Deliver Quotes to the City of Eugene Purchasing Analyst via email to

MMerisante@eugene-or.gov prior to the due date and time indicated in the Request for Quotation or any extension thereof made by addendum.

2.2 The subject line of the email must read: RFQ #2022200026 Plantings for Downtown Beds & Hanging Baskets 11/17/2021.

2.3 Quoter is responsible for submitting their Quote prior to the closing time and date.

Late Quotes will not be accepted. The City is not responsible for any delays caused by computer/email issues of any sort.

3.0 QUOTE CLARIFICATIONS, MODIFICATIONS, OR WITHDRAWAL

Any questions, clarifications, modifications, or substitutions (not including “or equivalents”) of the specifications or contract shall be delivered to the Purchasing Analyst via email in conformance with City Rule 137-047-0440(1), and no less than seven (7) calendar days PRIOR to the solicitation closing, and submitted separately from the Quote response. Contents of questions, clarifications, modifications, or substitutions should include a reference to the page or item being addressed, the reason, and any proposed alterations (not including “or equivalents”). Questions, clarifications, modifications, or substitutions included with the Quote response to the solicitation may cause it to be considered Non-responsive.

3.1 Quotes may be modified by written notification on company letterhead signed by an authorized person, stating that the new document supersedes or modifies the prior quote.

3.2 Quotes may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for Quote closing.

4.0 OR EQUAL

4.1 Whenever a process is designated or a manufacturer’s name, brand, or item is designated or described, it shall be understood that the words, “or equal” follow such name, designation, or description, whether in fact they do so or not, unless no substitution is stated in the specifications. Items quoted other than specified must be determined by the Purchasing Analyst as an approved equal. Quoters shall submit to the City their intent to Quote an approved equal no later than seven (7) calendar days prior to the RFQ closing. Include detailed specifications, or cut-sheets, and any other details that show the proposed item equal or equivalent to the desired specifications.

mailto:MMerisante@eugene-or.gov

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4.2 Approval of alternate materials and equipment shall rest solely with the City and all Quoters shall be notified of such approval by addenda prior to the Quote closing.

5.0 ADDENDA AND INTERPRETATIONS

Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued more than twenty-four (24) hours before the scheduled closing time for filing Quotes, shall be binding upon the Quoter.

1.1. Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and proposers shall receive addenda per City public contracting Rule 137-047-0250, and as follows: City will not mail notice of addenda, but will publish any addenda on OregonBuys site. Addenda may be downloaded off OregonBuys site. Proposers should frequently check the OregonBuys site until closing (i.e., at least once weekly until the week of closing, and at least once daily the week of the closing period).

2.0 CONSIDERATION OF QUOTES

2.1. It is the intent of the City to award a three-year contract to the Quoter whose Quote will best serve the interest of the City, provided the Quote has been submitted in accordance with the requirements of this RFQ and does not exceed the funds available. Consistent with the provisions of this RFQ, award may be made by item, groups of items, or the entire RFQ upon the City’s determination that it is in the public interest to do so.

2.2. In determining the awardee, the City shall, for the purpose of awarding the contract, add a percent increase to the Quote of a nonresident vendor equal to the percent, if any, of the preference given to that Quoter in the state in which the Quoter resides.

The City shall rely on the Oregon Department of Administrative Services’ published list of states, which gives preference to in-state vendors to determine the percent increase to be added.

2.3. The City shall give preference to materials and supplies manufactured from recycled materials when available at a cost no greater than five (5) percent above the cost of comparable products manufactured from virgin materials. Subsequent contract or purchase order award will be based on thiscriteria and shall contain applicable standard contract provisions as required by law.

2.4. The City shall have the right to reject any Quote that attempts to change any contract term or condition, or that does not evidence the Quoter’s intent to abide by the specifications, or that does not otherwise comply with all Quote requirements set forth in this RFQ or in the Oregon Public Contracting Code.

2.5. The City may, in its discretion, reject any or all Quotes and/or cancel or delay or suspend the Quote or award at any time prior to execution of the contract upon the City’s determination that it is in the public interest to do so.

7.0 MATERIAL PURCHASES

7.1 The price offered must be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates will be furnished upon request. Packing and transportation https://oregonbuys.gov/bso/

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Destination, Freight Prepaid and Allowed, delivered and unloaded at delivery address listed.

8.0 PUBLIC RECORDS

8.1 This Request for Quotation and one copy of each original Quote received in response to it, together with copies of all documents pertaining to the award of a contract, shall be kept by the City of Eugene Purchasing Office and made a part of the procurement file which shall be open to public inspection. If a Quote contains any information that is considered trade secret under ORS 192.345(2), each sheet of such information must be marked with the following;

“This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.”

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance.” ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a Quote may depend upon official or judicial determinations made pursuant to the Public Records Law.

8.2 The above disclosure restrictions may not include cost or price information which must be open to public inspection.

9.0 PROTEST OF AWARD

Protests and remedies under this RFQ are exclusively governed by ORS 279B.415.

10.0 RESERVED RIGHTS

The City reserves the right:

A. To reject any Quotes not in compliance with all prescribed public bidding procedures and requirements.

B. To reject for good cause any or all Quotes upon the City’s written finding that it is in the public interest to do so.

C. To reject any and all Quotes not meeting or differing from the specifications set forth herein.

D. To waive any or all informalities in the Quotes submitted.

E. To consider the competency and responsibility of Quoters in making any awards.

F. In the event that two or more Quotes are identical in price, fitness, availability, and quality, award shall be made in accordance with City Rule 137-046-0300.

G. In the event any Quoter or Quoters to whom a contract is awarded shall default in executing said contract, to re-award the contract to another Quoter or Quoters.

H. To extend the deadline for submitting Quotes, in according with City Rule 137-047-

0430(3).

I. To negotiate additions or deletions to offered goods and contract price.

J. To seek other Quotes, if deemed in the public interest.

11.0 CONTRACT AWARD

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The City shall provide written notice to all responsive quoters via email of the City’s intent to award the contract. Submittal of a Quote evidences Quoter’s intent to execute and be bound by the terms of the attached contract. The City will enter into contract negotiations regarding any open terms with the highest ranked Quoter. During negotiations, the City may require any additional information it deems necessary to clarify the approach and understanding of the requested goods or services. Any changes agreed upon during contract negotiations will become part of the final contract. The negotiations will identify a level of work and associated fees and costs that best represent the goods and services required.

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III. SUSTAINABILITY & SOCIAL EQUITY

The City is interested in products and services that have a reduced impact on human health and the environment and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related City policy and plans, please refer to the City’s Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch. The awardee will be expected to support the City’s goals by implementing the following strategies where applicable.

1. WASTE REDUCTION

Pursuant to City Zero Waste efforts, the City aims to prevent waste where possible. In order to increase efficient use of resources, the awarded Proposer shall adhere to the following items as applicable.

1.1. Unnecessary packaging for goods, beyond packaging compliance or practical safe shipping methods, shall be reduced. Proposer to ship goods utilizing one or more of the following methods:

1.1.1. Ship products in reusable, refillable, or returnable containers. For example, reusable trays or totes, which can be stored and returned;

1.1.2. Minimal packaging material used inside containers. This includes eliminating or reducing the amount of non-recyclable bubble wrap, foam pellets or other like material;

1.1.3. Eliminate non-essential parts of packaging, such as individual wrapping of components;

1.1.4. Use packaging made with recycled content, biodegradable, and/or non-toxic materials.

1.1.5. No point of purchase material or promotional literature.

1.2. The awarded Proposer is to duplex all paper materials that are prepared for the City under the contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced.

1.3. Contractor is expected to prevent, reduce, recycle or otherwise divert waste generated from the provision of services procured by the City. City may request information about diversion tactics utilized and quantities of waste materials diverted.

2. IDLING REDUCTION

In the interest of reducing air and noise pollution and promoting energy conservation, all gasoline and diesel-powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination, and must not cause or allow an engine to idle at any location for more than 20 seconds. This idling policy applies except in the following situations:

2.1. The health and safety of employees, sub-contractors or public is compromised in turning off the vehicle.

2.2. The engine is required to power auxiliary equipment (e.g. hoist, lift platforms, hydraulic tools, inverters, compactors, medical equipment, specialized public safety radio communication and computer systems, etc.)

2.3. Vehicle/equipment manufacturer requires additional idle time for warm up or cool down for efficient and proper mechanical or functional operation of the unit.

3. ENVIRONMENTALLY PREFERRED PRODUCTS

http://www.eugene-or.gov/sustainpurch

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3.1. To promote and encourage environmentally sustainable practices for companies doing business with the City, the City requests vendors under City contract use environmentally preferable products in production of City work products.

3.2. The awarded Proposer should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement. Environmentally preferable products and services have characteristics that include but are not limited to the following:

o Energy Efficient o Reusable or upgradeable o Recyclable o Contain post-consumer recycled materials o Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or o Are certified by an independent accredited third-party program such as EcoLogo or

ENERGY STAR.

3.3. The City desires the use of post-consumer recycled content, chlorine-free paper to encourage environmentally preferable practices for City business wherever practical in the fulfillment of the scope of work.

4. SOCIAL EQUITY

Economic prosperity through diversity and collaboration is fundamental to the Equity in Contracting program. Part of Eugene’s City Council Vision states that we will “Encourage a strong, sustainable and vibrant economy, fully utilizing our educational and cultural assets, so that every person has an opportunity to achieve financial security.” The program aims to reduce barriers for local, small, minority and women-owned businesses to leverage all that our community has to offer, strengthening the business community as a whole.

The City supports the utilization of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Oregon Forward Contractors (OFC) at both a prime and subcontracting and/or supply chain level. The City encourages eligible suppliers to gain certification and encourages the awarded proposer to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses in the fulfillment of the scope of work:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Certification Office of Business Inclusion and Diversity (COBID) by visiting their website at: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp to find certified businesses from whom to procure products or services.

b. Visit the Oregon State Oregon Forward Program website at http://dasapp.oregon.gov/ to search for Oregon Forward Program contractors from whom to procure products or services.

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp http://dasapp.oregon.gov/

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IV. REQUIREMENTS / SPECIFICATIONS

Description Number Needed

1Plants for 6-inch Hanging Baskets--sun and shade mixes--as specified in Quote Form 143

Summer Bedding plants, as specified in Quote Form 2,424

Winter Bedding plants, as specified in Quote Form 2,454

Plants for the Downtown Flower Program A. 16-inch hanging plant baskets plants:

Basket material and preparation:

• The City of Eugene’s Facility Management Division will provide and deliver empty baskets with hangers to Contractor so as to allow sufficient time for Contractor to establish plants in baskets provided.

• Contractor will attach hangers to baskets prior to delivery and acceptance.

• Contractor is responsible for repair or replacement costs of hangers and baskets if lost, damaged, or stolen prior to City’s receipt and acceptance of product.

• At acceptance and installation all plant material in the baskets shall be high-quality and in a vigorous growing state, free of all known weeds, pests, and diseases, physical damage, true to name, type, number and size as per the Quote.

Hanging Baskets

a. The 16” hanging baskets do not require a liner.

b. Photos of the baskets are provided for reference.

c.

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Delivery:

Contractor will deliver 16-inch plant baskets during the second week of May, dependent on weather, to the 35 West Broadway.

B. Potted bedding plants:

Material and preparation:

• Contractor will provide plant material in containers specified for each species.

• At acceptance and installation, all bedding plant material shall be well rooted, hardened off, and developed to acceptable planting.

Delivery:

Contractor will deliver summer bedding plants during the second week of May, and winter bedding plants as soon as possible for 2021 and during the middle to end of October dependent on weather for the two subsequent years, to the 35 West Broadway.

Detailed information regarding quotations must be listed in Quote Form.

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V. FORMS TO BE SUBMITTED WITH QUOTE

CITY OF EUGENE STANDARD QUOTE FORM

Solicitation Number RFQ #2022200026

I, the undersigned, and authorized representative of certify the following: (Company Name)

Acknowledgement of terms, conditions and specifications

1. The offeror represents that offeror is properly licensed and adequately experienced, equipped, organized and financed to furnish and deliver the equipment specified and perform the services required.

2. The offeror has carefully checked the figures entered in the Form, has carefully reviewed for accuracy all statements in this Quote and attachments, and agrees that the City will not be responsible for any errors or omissions of the offeror in preparing this Quote. The offeror agrees that this Quote may not be revoked or withdrawn for sixty (60) calendar days after the date on which bids are received.

3. Contract Execution; Performance Bond. The bidder agrees that if this Quote is accepted it will, within ten (10) calendar days after having received the Award, execute and return to the City the Contract in the form included in the Contract Documents and will, at or before that time, deliver the Performance Bond and insurance documentation as required and as applicable.

4. Addenda. The offeror acknowledges that it has received the following Addenda No(s):

and agrees that all addenda issued are a part of the Contract Documents and have been considered in preparing this Quote. (Offeror: insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws

Offer hereby agrees to comply with all applicable Oregon public contracting code provisions, as more specifically described in the attached contract and associated Exhibit A. Offeror attests that it complied with the applicable state and local tax laws including, but not limited to, ORS 305.385, ORS 305.620, ORS chapters 316, 317, and 318 for no fewer than six years into the past from signature and will continue to comply with the tax laws during the term of this contract. ____ initials.

Access to Plant or Place of Business

Offeror agrees that the City may enter a contractor’s or subcontractor’s plant or place of business during normal business hours for the following purposes: inspect and/or test supplies or services

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Residency

Bidder is _____ is not _____ an Oregon Resident Bidder. An Oregon Resident Bidder, as defined by ORS 279A.120, means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, and has a business address in this state. If offeror is not an Oregon Resident Bidder, in the field provided indicate the bidder’s (Business) State of Residence. _____________________

Certification of Nondiscrimination

Offeror has not and will not discriminate against a subcontractor in the awarding of a subcontract because a subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225.

Noncollusion

The Quoter certifies that the Quote has been arrived at by the offeror, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, offeror, or vendor on materials, supplies, equipment or services, described in the solicitation documents, designed to limit independent Quotes or competition. The contents of the Quote herein presented and made have not been communicated by the offeror or their employees or agents to any person not an employee or agent of the offeror or its surety on any bond furnished with the solicitation, and will not be communicated to any such person prior the closing time of the solicitation.

We therefore offer the following equipment/service at the prices indicated hereon in fulfillment of the requirements and specifications contained within the solicitation documents and all addenda.

QUOTE SHEET

Section 1A: 16" HANGING BASKETS (Sun Mix)

Species Mix Description Qty Unit Price $ Extended Price $ Willamette Mix: Black-eyed Susan vine Thunbergia alata (yellow, orange, red)

Broadway & Willamette Mix: Supertunia Vista Bubble Gum (or equivalent)

Broadway Mix: Black Eyed Susan Vine Thunbergia alata (yellow variety)

Hult Center Mix: Hibiscus (pink or deep red)

Section 1A TOTAL 78 n/a Section 1B: 16" HANGING BASKETS (Shade Mix) Species Mix Description Qty Unit Price $ Extended Price $

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Parcade Mix: Purple fountain grass, Sweet Allysum White, Lantana, Ipomoea batatas (sweet potato vine - large, green, heart shaped leafed, trailing variety)

Willamette Mix: Begonia Gryphon, Begonia Santa Cruz (red variety), Impatiens, Fern, Ipomoea batatas Illusion Emerald Lace (sweet potato vine)

Broadway Mix: Begonia Santa Cruz (red variety), Begonia Arcada Red, Maidenhair Fern, Deer Fern, Impatiens, Ipomoea batatas Illusion Emerald Lace (sweet potato vine), purple fountain grass, lantana, and alyssum

Section 1B TOTAL 65 n/a TOTAL Sections 1A & 1B 16-inch

HANGING BASKETS

143 n/a

Section 2: BEDDING PLANTS - Summer (4-inch containers) Species Qty Unit Price $ Extended Price $ Petunia - Supertunia Vista Bubble Gum (or equivalent)

Petunia - Supertunia Vista Silverberry (or equivalent)

Petunia - Supertunia Vista Fuschia (or equivalent)

Petunia - Wave (mixed colors) 752 Sweet Potato Vine (Ipomoea batatas) (mixed colors)

Coleus (Solenostemon scutellarioides) (mixed colors)

Kong Coleus - Red (Solenostemon scutellarioides 'Kong Red') (or equivalent)

Kong Coleus - Salmon Pink (Solenostemon scutellarioides 'Kong Salmon Pink') (or equivalent)

Kong Coleus - Mosaic (Solenostemon scutellarioides 'Kong Mosaic') (or equivalent)

Impatiens (mixed colors) 80 Wax Begonia (mixed colors) 80 Marigolds Tagetes tenuifolia (mixed colors and sizes/heights)

Signet Marigold (Tagetes tenuifolia AKA T. Signata) - 'Lemon Gem' (yellow)

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Signet Marigold (Tagetes tenuifolia AKA T. Signata) - 'Tangerine Gem' (orange) (or equivalent)

Signet Marigold (Tagetes tenuifolia AKA T. Signata) - 'Red Gem' (red) (or equivalent)

Sweet Alyssum (Lobularia maritima) 100 Striped Wandering Jew (Tradescantia zebrina)

Purple Wandering Jew (Tradescantia pallida)

Section 2 TOTAL SUMMER BEDDING

PLANTS

2424 n/a

Section 3: BEDDING PLANTS - Winter Species Qty Unit Price $ Extended Price $ Pansy (Viola x wittrockiana) - 6 pack Pansy Matrix 'Blue Blotch' (or equivalent) 108 Pansy Matrix 'Fire' (or equivalent) 108 Pansy Matrix 'Morpheus' (or equivalent) 108 Pansy Matrix 'Pink Shades' (or equivalent) 108 Pansy Matrix 'Pure Lemon' (or equivalent) 108 Pansy Matrix 'Pure Orange' (or equivalent)

Pansy Matrix 'Pure Yellow' (or equivalent) 828 Pansy Matrix 'Pure Rose' (or equivalent) 108 Pansy Matrix 'Pure White' (or equivalent) 108 Pansy Matrix 'Red Blotch' (or equivalent) 108 Pansy Matrix 'True Blue' (or equivalent) 108 Pansy Matrix 'Violet and White' (or equivalent)

Sub-Total Pansies 2016 n/a Viola (Viola spp.) - 6 pack Qty Unit Price $ Extended Price $ Viola 'Deep Blue' 36 Viola 'Violet' 36 Viola 'Yellow' 36

Sub-Total Violas 108 n/a Ornamental Cabbage (Brassica oleracea) - 6 " pot (or larger)

Qty Unit Price $ Extended Price $

Purple 66 White 66

Sub-Total Ornamental Cabbage 132 n/a Ornamental Kale (Brassica oleracea) - 6" pot (or larger)

Qty Unit Price $ Extended Price $

Coral 66 White 66

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Red 66 Sub-Total Ornamental Kale 198 n/a

Section 3 TOTAL WINTER BEDDING

PLANTS

2454 n/a

GRAND TOTAL Sections 1-3: Hanging Baskets and Bedding Plants n/a n/a

Completion/Delivery Date:

The Quoter agrees, if awarded the contract or a direct purchase, to fully complete the work or deliver the materials as specified in this Request for Quotations.

Quote submitted by:

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

Company contact for this project (if different from above):

Name: Title:

Phone:

Email:

Type text here

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VI. SAMPLE CONTRACT

CITY OF EUGENE TRADE SERVICES CONTRACT

BETWEEN: The City of Eugene, (City) an Oregon Municipal Corporation

AND: , (Contractor) a __________ organized and existing under the laws of the State of __________

CONTRACT NO.: ______

EFFECTIVE DATE: _______

RECITALS

A. Contractor is engaged in the business of ______ and has obtained and currently holds all licenses, permits, certifications, bonds, or other authorization required by federal, state, and local laws or regulations to engage in such business.

B. City wishes to engage a Contractor to perform certain Services described in this Agreement and the Contractor has represented that it is qualified and willing to provide such Services on the terms and conditions set forth herein.

C. The Contract described herein was awarded under the exemption or procedure authorized by City of Eugene Administrative Order 44-14-08F, Public Contracting Rules 2014, Division 47, 137- 047-0270 and Request for Quotes #2022200026, AGREEMENT

1. Incorporation of Exhibits; Definitions; Contractor’s Representations and Warranties.

1.1 Exhibits. The Contract between the parties (the “Contract”) includes and incorporates into this document (this “Agreement”) all of the following, which are listed in order of precedence:

1.1.1 Exhibit A. Exhibit A summarizes certain federal, state, and municipal laws that apply to government contracts. The provisions of Exhibit A are statements of law and may not be modified.

1.1.2 Other Exhibits. This Contract also includes and incorporates the following exhibits. The provisions of this Agreement will have priority over all conflicting provisions of the following exhibits.

Exhibit B: Statement of Work; Schedule of Services Exhibit C: Compensation Schedule

1.2 Definitions. With the exception of proper nouns, capitalized terms not otherwise defined herein shall have the following meanings.

1.2.1 “Agreement” means this document, entitled Trade Services Contract and ending with the signatures of all parties.

1.2.2 “Contract” means the written statement of the parties’ mutual and respective agreements, promises, undertakings, and rights as set forth in this Agreement and all incorporated exhibits.

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1.2.3 “Services” means all of the products and Services to be provided by Contractor under the Contract, as described in Exhibit B.

1.3 Contractor’s Representations and Warranties. Contractor makes the following representations and warranties to City:

1.3.1 Contractor and Contractor’s personnel are, and will at all times hereunder, hold all licenses, permits, certifications, bonds, or other authorization required by federal, state, and local laws or regulations to perform the Services.

1.3.2 As of the date of execution hereof, there are no claims, or suits, or proceedings, or threats thereof, seeking to enjoin the execution of the Contract by Contractor or the effect of which could prevent Contractor from performing or having the authority to perform the Services.

1.3.3 Neither the execution of the Contract nor the performance of the Services will constitute a breach or violation of any other contract, agreement, or law by which Contractor is bound or to which Contractor or any of its personnel who will perform the Services are subject.

2. Services.

2.1 Term. Contractor shall begin to provide the Services on _____ or, if later, as soon as this Agreement has been executed by all parties (the "Commencement Date"). The term of the Contract shall be for _____, unless earlier terminated in accordance with paragraph 14 (the “Term”). Contract may be renewed for additional terms upon mutual written agreement of the Parties.

2.2 Security. If the Services will be performed on City property, Contractor will comply with all of City’s security policies and procedures.

3. Compensation. Subject to City’s right of offset for breach, Contractor will bill City for the Services by submitting monthly invoices that conform to the requirements of Exhibit C.

Payment shall be made not later than 30 days after City's receipt of an invoice from Contractor summarizing the Services performed. If the Contract commences or terminates on a date which is not the first or last day of a month, the maximum fee for that month shall be prorated, based on the number of days in the month. Notwithstanding the foregoing, City will have the right to withhold payment for any item which City disputes in good faith, provided that City pays for all non-disputed items and takes commercially reasonable action to resolve the dispute.

4. City's Obligations. City shall provide the materials, equipment, supplies, or other items described below, if any, for use in Contractor’s performance of the Services: 143 16-inch hanging baskets.

5. Contractor's Obligations. In addition to performance of the Services, Contractor shall, at its own expense, repair or have repaired all damages to City-owned property, real or personal, resulting from the negligence, abuse, misuse, or willful misconduct of Contractor or its employees or agents. If City-owned equipment is, in City's opinion, damaged beyond repair, Contractor shall replace such equipment at its own expense with equipment of a quality equal to or better than the damaged equipment.

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6. Force Majeure. Neither City nor Contractor are responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by public health emergency, fire, riot, acts of God, terrorism, war, or any other cause which is beyond the breaching party’s reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate the cause of Contractor’s delay or breach and shall, upon the cessation of the cause, continue performing under this contract. City may terminate this Contract upon written notice to Contractor after City reasonably determines that the delay or breach will likely prevent successful performance of the Contract.

7. Indemnification. Contractor shall indemnify and hold City, and its officers, agents, and employees, harmless from and against all claims, actions, liabilities, costs, including attorney fees and other costs of defense, arising out of the acts, errors, or omissions, whether alleged or actual, of Contractor, its subcontractors, agents, and employees in performing or failing to perform the Services, failing to strictly comply with any provision of the Contract or any other actions or failures to act by Contractor and Contractor’s employees, agents, and subcontractors. In the event any such action or claim is brought against City, Contractor shall, if City so elects and upon tender by City, defend the same at Contractor’s sole cost and expense, promptly satisfy any judgment adverse to City or to City and Contractor, jointly, and reimburse City for any loss, cost, damage or expense, including attorney fees, suffered or incurred by City. City shall notify Contractor, within a reasonable time, of any claim, threat of claim, or legal action.

8. Insurance. Contractor shall have and maintain the insurance policies specified below. Each policy of insurance shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the Services. The adequacy of all insurance policies for compliance with this Section 8 shall be subject to approval by City’s Risk Manager. Failure to maintain any insurance coverage required by the Contract shall be cause for immediate termination of the Contract by City.

Unless otherwise specified, each policy shall be written on an “occurrence” form with an admitted insurance carrier licensed to do business in the state of Oregon; and shall contain an endorsement entitling City to not less than 30 days prior written notice of cancellation. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require that Contractor increase the coverage limits of all liability policies by the amount of the increase in the statutory limit.

8.1 Commercial General Liability. Contractor shall maintain a broad form commercial general liability insurance policy reflecting limits of not less than $2,000,000 combined single limit per occurrence, with an annual aggregate of $3,000,000 for bodily injury, personal injury or property damage. Such policy shall contain a contractual liability endorsement to cover Contractor's indemnification obligations under this Contract. The policy shall also contain an endorsement naming City as an additional

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8.2 Workers’ Compensation Insurance. Contractor shall comply with the Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a self-insured employer and shall strictly comply with all other applicable provisions of such law. Contractor shall provide City with such further assurances as City may require from time to time that Contractor is in compliance with these Workers' Compensation coverage requirements and the Workers' Compensation law. Contractor is a subject employer that will comply with ORS 656.017.

8.3 Automobile Liability. Contractor shall maintain an automobile liability insurance policy reflecting limits of not less than $2,000,000 combined single limit per occurrence, with an annual aggregate of $3,000,000 for bodily injury, personal injury, or property damage. The coverage shall include both hired and non-owned auto liability. The policy shall also contain an endorsement naming City as an additional insured, in a form satisfactory to City, and expressly providing that the interest of City shall not be affected by Contractor's breach of policy provisions.

9. Relationship of Parties. Whether Contractor is a corporation, partnership, other legal entity, or an individual, Contractor's relationship to City is that of an independent Contractor. If Contractor is an individual, Contractor's duties will be performed with the understanding that Contractor is a self-employed person and has special expertise as to the Services, and is customarily engaged in the independent performance of the same or similar Services for others. The manner in which the Services are performed shall be controlled by Contractor;

however, the nature of the Services and the results to be achieved shall be specified by City.

Contractor is not to be deemed an employee or agent of City and has no authority to make any binding commitments or obligations on behalf of City except to the extent expressly provided herein.

12. Subcontracting; Assignment. Contractor shall not subcontract or assign its work under or its interest in the Contract, in whole or in part, without City's prior written approval, which may be withheld for any reason. Contractor shall require any approved subcontractor or assignee to agree, as to the portion subcontracted or assigned, to comply with all obligations of Contractor specified in the Contract. Notwithstanding City's approval of a subcontractor or an assignee, Contractor shall remain obligated for full performance of the Contract and City shall incur no obligation to any subcontractor or assignee. Contractor shall indemnify, defend, and hold City harmless from all claims of its subcontractors and assignees.

13. Default. Contractor shall be in default under the Contract upon the occurrence of any of the following ("events of default"):

13.1 Contractor's failure to maintain liability insurance required under this Agreement;

13.2 Contractor's failure to perform or observe any other agreement or covenant contained in the Contract if such failure continues for a period of two days after City has notified Contractor in writing, specifying the nature of Contractor's failure of performance;

13.3 The bankruptcy or insolvency of Contractor, a transfer in fraud of creditors, an assignment for the benefit of creditors or an execution issued against any property of Contractor used in connection with or which is the subject of the Contract, or the

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or

13.4 Contractor's failure to maintain any license, permit, certification, bond, or other authorization required by federal, state, or local laws or regulations for performance of the Services or any portion thereof.

14. Termination. Notwithstanding any other provision hereof to the contrary, the Contract may be terminated as follows:

14.1 By mutual written agreement of the parties at any time;

14.2 By written notice from City to Contractor upon the occurrence of an event of default;

or

14.3 By written notice from City to Contractor at any time during the Term and for any reason, upon not less than 30 days' notice in advance of the termination date.

14.4 The City may terminate the Contract on any date specified in a notice if funding for the

Services becomes unavailable or if the City determines that termination of the Contract is required by the public interest.

Notice under paragraph 14.2 may be given at the same time as the notice under paragraph 13.2, with termination contingent upon Contractor's failure to perform within the time specified in paragraph 13.2. Except as provided in paragraph 15 below, in the event of a termination, City shall pay Contractor for the Services performed to the date of termination. Any claim for relief City may have as a result of a default by Contractor shall survive termination of the Contract.

15. Obligations on Termination. Upon termination of the Contract for any reason, Contractor shall promptly and peaceably remove itself, its officers, and employees from the location in which the Services have been performed. Contractor shall leave City's property and equipment in good condition and repair and in good working order, reasonable wear and tear excepted. If Contractor fails to remove its property, City may, at Contractor's sole expense, remove the same to a public warehouse for storage or retain the same in its own possession.

If such property is not claimed by Contractor within 10 days after the termination date, City may sell the same at public auction, the proceeds to be applied first to the expenses of removal, storage, and sale, then to any sums owed by Contractor to City, with any balance remaining to be paid to Contractor. If the expenses of removal, storage, and sale exceed the proceeds of sale, Contractor shall promptly pay such excess to City upon demand.

16. City's Right to Act. In the event Contractor fails to perform any obligation under the Contract, City shall have the right but not the obligation to take the action that Contractor failed to take, after giving at least 10 days' notice to Contractor in advance of taking such action, except in the event of an emergency, as determined by City, in which case no advance notice shall be required. In the event City takes such action, Contractor shall promptly pay to City, upon demand, the sum or sums expended or incurred by City and the value of the service performed by City. Any action taken by City under these provisions shall not constitute a waiver by City of Contractor's default.

17. Subordination to Federal and State Agreements. The Contract shall be subject and subordinate to any existing or future federal or state statute or any existing or future

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Agreement between City and the United States or the State of Oregon relative to the development, operation, or maintenance of properties of the Urban Renewal Agency of the City of Eugene, the execution of which Agreement has been or may be required as a condition precedent to the expenditure of federal or state funds for the development, operation, or maintenance of City or Urban Renewal Agency property.

18. Severability. In the event that any covenant, condition, or provision of the Contract is found to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition, or provision shall in no way affect any other covenant, condition or provision of the Contract.

19. Non-Waiver. Waiver by either party of strict performance of any provision of the Contract shall not be a waiver of, nor prejudice the party's right to require, strict performance of the same provision or any other provision of the Contract in the future.

20. Notices. Any notice permitted or required by the Contract shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, and with return receipt requested, to the persons and addresses shown below. In addition, if directions for telephonic or electronic transmission (fax or email) are set forth below, notices may be delivered by fax or email. Notices sent by certified mail will be deemed delivered three business days after placement in the mail and notices sent by fax or email will be deemed delivered when successful transmission is electronically confirmed. Except as expressly provided in the Contract, required notices must be signed by the person designated to receive notices, or that person’s designee or attorney.

Contractor: _________ Email / phone

City: ________ Department/Division Eugene, Oregon 9740________ Email / phone

Each party shall notify the other of any change in the name, address, fax, or email instructions to be used for delivery of notices.

21. Attorney Fees. In the event of any action to enforce or interpret the Contract, the prevailing party shall be entitled to recover from the losing party, in addition to costs and disbursements allowed by the court, reasonable attorney fees incurred in the proceeding, as set by the court, at trial, on appeal, or upon review. Such fees shall include an amount estimated by the court to be incurred by the prevailing party in realizing upon any judgment or enforcing any decree.

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22. Integration; Amendments. The Contract embodies the entire agreement of the parties.

There are no promises, terms, conditions, or obligations other than those contained herein.

The Contract shall supersede all prior communications, representations, or agreements, either oral or written, between the parties. The Contract shall not be amended except in writing, signed by both parties.

23. No Third-Party Beneficiaries. There are no third-party beneficiaries of the Contract. The parties agree and intend that the Contract shall be enforceable only by the parties and their duly authorized representatives.

24. Survival. Any duty, liability or obligation of a party which arises under the Contract, including without limitation, obligations with respect to indemnification, shall survive the termination or expiration of the Contract and shall be legally enforceable until satisfied by performance or payment, or until enforcement is legally precluded by lapse of time.

25. Contractor Certifications. Pursuant to ORS 305.385, Contractor hereby certifies that it is not in violation of any tax laws as defined in ORS 305.380. If Contractor is other than one or more individuals who have signed below, the individual(s) signing on behalf of Contractor hereby further certifies and swears under penalty of perjury and warrants to City that: (a) the full legal name and status of Contractor are as set forth in the caption to this Agreement, and (b) s/he is authorized to execute and deliver this Agreement and the Contract to City of behalf of, and as the act of Contractor.

CITY OF EUGENE CONTRACTOR

By: By:

Signature Signature

Name: Name:

Title: Title:

Date: Date:

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EXHIBIT A: CITY OF EUGENE STANDARD CONTRACT

PROVISIONS

Contracts Subject to ORS Chapter 279B Goods and Services including Personal Services OTHER THAN Architects, Engineers, Land Surveyors on Public Improvements

The following provisions, if applicable, are hereby included in and made a part of the attached contract between the City of Eugene and the Contractor named thereon as provided for in the Eugene Code, 1971, the Eugene Public Contracting Rules, the revised statutes of the State of Oregon, and Federal laws, rules, regulations, and guidelines. The Contractor AND EVERY SUBCONTRACTOR shall include these provisions in every subcontract SO THAT THESE PROVISIONS WILL APPLY TO, AND BE BINDING ON EVERY SUBCONTRACTOR. Failure to comply with any of the applicable provisions below shall be a material breach of the contract and may result in debarment of the Contractor or subcontractor from City contracts for up to three (3) years.

1. Fair Employment Practice Provisions (Eugene Code, 1971, Section 4.625 and Eugene Public Contracting Rule 137-046-

0500(2))

1.1 Non-Discrimination Requirements. During the performance of this contract, the Contractor and each subcontractor agrees to comply with sections 4.613 to 4.655 of the Eugene Code, 1971, and as follows:

(a) The Contractor and each subcontractor agrees that it will not discriminate against any employee or applicant for employment because of an individual’s race, religion, color, sex, national origin, marital status,…