2023200067_A1_Lobbying Services for Legislative Sessions.pdf

Request for Proposals

Lobbying Services for Legislative Sessions

Solicitation No. RFP 2023200067 Due Date and Time:

Wednesday, July 19, 2023 @ 2:30PM

CITY OF EUGENE

Central Services Finance Division/Purchasing

100 West 10th Avenue, Suite 400 Eugene, Oregon 97401

Telephone: (541) 682-5055 The Purchasing Office is currently closed to the public.

Rev 03/2023 RFP 2023200067 Lobbying Services for Legislative Sessions 1

I. REQUEST FOR PROPOSALS

CITY OF EUGENE

REQUEST FOR PROPOSALS

Solicitation No. RFP 2023200067

Notice to Proposers Pursuant to ORS 279B.060 and City of Eugene Administrative Order 44-23-01-F, Public Contracting Rule (City Rule) 137-047-0260, sealed proposals for Lobbying Services for Legislative Sessions for the City of Eugene will be accepted by the Purchasing Office until Wednesday, July 19, 2023 @ 2:30PM. Proposals will be opened immediately thereafter on a Microsoft Teams Meeting and a record of proposals received will be made. Proposals will not be accepted after the Request for Proposals (RFP) closing time and date. Proposals shall be valid for 60 days after opening unless otherwise specified in the specifications. This Request for Proposals does not commit the City to pay any costs incurred by any proposer in the submission of a proposal.

Project Description In general, work includes performing professional lobbying services to advance public sector priorities for the duration of assigned Oregon Legislative sessions.

Solicitation Documents Solicitation documents may be examined electronically by logging in to OregonBuys. 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

A copy of the solicitation may also be obtained by emailing the Purchasing Analyst shown below.

Proposers should submit their proposals through OregonBuys before the due date and time specified. Proposers who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046. Contact the Purchasing Analyst below if a proposal cannot be submitted via OregonBuys.

Dated: June 22, 2023

Michelle Hahn, OPBC Purchasing Analyst City of Eugene Mhahn@eugene-or.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTJlYTczYjgtYjkzOC00MjdmLThmZTMtNjI5YzBhOWUxNWI2%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22201568ab-e8e0-498f-ac1b-b397783a096c%22%7d https://oregonbuys.gov/bso/ https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov mailto:Mhahn@eugene-or.gov

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II. INSTRUCTIONS TO PROPOSERS

1.0 STANDARD PROPOSAL FORM

1.1. Proposals shall be submitted with the Standard Proposal Form identical to the form provided by the City. The proposer shall make no alterations or additional stipulations on the Standard Proposal Form nor qualify the proposal in any other manner. Alteration of any part of the Standard Proposal Form content may cause the proposal to be considered non-responsive.

1.2. All blanks on the Standard Proposal Form shall be filled in electronically, by typewriter or manually, in ink. Mistakes should be crossed out and corrections typed or written in ink and initialed by the party signing the proposal. No erasures are permitted. The omission of any required information or forms may invalidate a proposal.

1.3. Complete sets of RFP documents shall be used in preparing proposals.

2.0 SUBMISSION

2.1 Proposers should submit their proposals through OregonBuys before the due date and time specified. Proposers who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046, or contact the Purchasing Analyst prior to closing.

2.2 Proposer is responsible for submitting their proposal prior to the closing time and date. Late proposals will not be accepted. The City is not responsible for any delays caused by computer/software issues.

2.3 Oral, telephonic, telegraphic, or faxed proposals are invalid and will not be considered. Emailed proposals may be considered if pre-approved by the Purchasing Analyst.

3.0 SOLICITATION CLARIFICATION & CHANGE REQUESTS

Prior to the deadline for submitting a protest, a prospective proposer may request that the City clarify any provision of the solicitation document. The City’s clarification to a proposer, whether orally or in writing, does not change the solicitation document and is not binding on the City unless the City amends the solicitation document by addendum.

3.1 Any requests for clarification regarding any provision of the RFP shall be delivered to the City’s Purchasing Analyst by email, in conformance with City Rule 137-047- 0440(1).

3.2 Any requests for change of the requirements, specifications or sample contract shall be delivered to the City’s Purchasing Analyst by email, not later than eight days prior to the RFP closing date and time.

3.3 A request for change shall be marked “Contract Provision Request for Change” and include the solicitation number and title along with a statement of the requested change(s) to the contract terms and conditions, including any specifications, together with the reason for the requested change.

3.4 Contents of questions, clarifications, modifications, or substitutions shall include the following, as applicable:

3.4.1 The solicitation number and title

3.4.2 A reference to the page and item being addressed

3.4.3 The reason and any proposed alterations

https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov

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3.5 Proposals containing questions, clarifications, modifications, or substitutions included with the response and not submitted according to these instructions may be considered non-responsive.

4.0 SOLICITATION PROTESTS

A prospective proposer may protest the procurement process or the solicitation document for a contract solicited under 137-047-0730. Pursuant to 137-047-0730, before seeking judicial review, a prospective proposer must file a written protest with the City and exhaust all administrative remedies. Protests must be submitted in writing to the City’s Purchasing Manager no less than seven (7) days prior to solicitation closing. The protest must be emailed to Eugene.Purchasing@ci.eugene.or.us, clearly identified as a protest and identifying the solicitation being protested. Faxed protests shall not be accepted.

The Purchasing Manager shall consider the protest if it is timely filed in accordance with City Rule 137-047-0730 and contains the following information: 1) sufficient information to identify the solicitation that is the subject of the protest; 2) the grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name; 3) evidence or supporting documentation that supports the grounds on which the protest is based; and 4) the relief sought; 5) a statement of the desired changes to the procurement process or the solicitation document that the prospective offeror believes will remedy the conditions upon which the prospective offeror based its protest. The Purchasing Manager shall issue a decision on the protest no fewer than three (3) business days before the solicitation closing, unless a written determination is made by the Purchasing Manager that the public interest requires a shorter time limit.

5.0 OR EQUAL

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. Proposers shall submit to the Purchasing Analyst their intent to offer an approved equal no later than ten (10) days prior to the Proposal closing. Include detailed specifications, cut-sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

Approval of alternate materials and equipment shall rest solely with the City and all proposers shall be notified of such approval by addenda prior to the Request for Proposal closing.

6.0 ADDENDA AND INTERPRETATIONS

6.1 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 Rule 137-047-0430, and as follows: City will not mail notice of addenda, but will publish any addenda on OregonBuys. Proposers should frequently check OregonBuys until closing (i.e., at least once weekly until the week of closing, and at least once daily the week of the closing period).

6.2 Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued in accordance with City Rule 137-047- 0430(3) shall be binding upon the proposer.

mailto:Eugene.Purchasing@ci.eugene.or.us

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7.0 NONDISCRIMINATION

Submittal of a proposal in response to this RFP evidences proposer’s agreement that, in performing the work called for by this RFP and in securing and supplying materials, proposer has not and will not discriminate against: 1) any person on the basis of race, color, religious creed, political ideas, sex, sexual orientation, source of income, age, marital status, physical or mental handicap, national origin or ancestry unless the reasonable demands of employment are such that they cannot be met by a person with a particular physical or mental handicap; and 2) a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned or controlled by, or that employs a disable veteran as defined in ORS 408.225.

8.0 PREPARATION OF PROPOSALS

Proposers are expected to examine the specifications, schedules and all instructions. The City is not liable for costs associated with preparation of proposals in response to this RFP.

9.0 EMPLOYEES NOT TO BENEFIT

No employee or elected official of the City shall be permitted to receive any share or part of the contract resulting from this RFP or any benefit that may arise therefrom.

10.0 CITY FURNISHED PROPERTY

No material, labor or facilities will be furnished by City unless otherwise provided for in this

RFP.

11.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING STATEMENT

The City grants to any Oregon public governmental agencies authorization to establish contracts or price agreements under the terms, conditions and prices of any contract between the awardee and the City resulting from this RFP.

12.0 PERFORMANCE BOND

Not Required.

13.0 PROPOSAL BOND

Not Required.

14.0 RESERVED RIGHTS

The City reserves the right:

14.1 To reject any proposal not in compliance with all prescribed public bidding procedures and requirements.

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

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

14.4 To waive any or all informalities in the proposals submitted.

14.5 To consider the competency and responsibility of proposers in making any awards.

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

14.7 In the event any proposer or proposers to whom a contract is awarded shall default in executing said formal contract or in furnishing a satisfactory performance bond

Rev 03/2023 RFP 2023200067 Lobbying Services for Legislative Sessions 5 within the time and manner herein after specified, to re-award the contract to another proposer or proposers.

14.8 To extend the deadline for submitting proposals, in according with City Rule 137- 048-0250.

14.9 To negotiate additions or deletions to goods and services requested.

15.0 CONSIDERATION OF PROPOSALS

15.1 Proposals will be opened publicly by the City of Eugene Purchasing Office on a

Microsoft Teams Meeting at the due date and time indicated in the RFP or any extension thereof made by addendum. Proposers and other interested parties are invited to attend the opening; however, the identity of the successful proposer will not be determined at the opening time.

15.2 The City intends to award a contract to the responsible proposer submitting the most advantageous proposal, based on evaluation factors contained in the proposal, provided the proposal has been submitted in accordance with the requirements of the RFP documents, and does not exceed the funds available.

15.3 The City shall provide written notice by email of the City’s intent to award the contract. Award shall not be final until the later of the following:

15.3.1 Seven (7) calendar days after the date of the Notice of Intent to Award; or

15.3.2 City provides a written response to all timely filed protest, if any, that denies the protest and affirms the award.

15.3.3 Proposers may protest the intended contract award in accordance with City

Rule 137-047-0740.

16.0 CONTRACT AWARD

Submittal of a proposal evidences proposer’s intent to execute and be bound by the terms of the attached contract. The City will enter into contract negotiations as permitted by City Rules 137-047-0262 regarding any open terms. During negotiations, the City may require any additional information it deems necessary to clarify proposer’s approach and City’s 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.

17.0 PUBLIC RECORDS

17.1 This RFP and one (1) copy of each original proposal 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 a file or record which shall be open to public inspection. If a proposal 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 proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

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

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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 awarded Proposer will be expected to support the City’s goals by implementing the following strategies where applicable.

1.0 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.

2.0 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.

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

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3.0 ENVIRONMENTALLY PREFERRED PRODUCTS

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:

• Energy Efficient

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

• Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or

• 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.

4.0 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/SearchCertifiedDirectory.asp?XID=23 15&TN=oregon4biz to find certified businesses from whom to procure products or services.

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

https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz http://ofp.dasapp.oregon.gov/

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IV. ANTICIPATED PROPOSAL SCHEDULE

The following is the anticipated schedule for submission and review of Proposals and award of the desired contract. This schedule is subject to change by the City in its sole discretion. Any change to the Proposal submittal deadline will be done by an addendum to the RFP.

ACTIVITY DATE

Request for Proposals issued ..................................................................... June 22, 2023

Last date to request solicitation clarification or change..………..July 10, 2023 by 4:00 PM

Last date to protest solicitation…………………...……...…..……July 12, 2023 by 4:00 PM

Proposals due no later than………...……....…...............…….July 19, 2023 at 2:30 PM

Notice of Intent to Award……………………………..…….…no later than August 16, 2023

The City reserves the right to delay any of the dates set forth above, if it is determined to be in the best public interest to do so. The contract shall become effective upon execution by the City.

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V. REQUIREMENTS / SPECIFICATIONS

Project Description

The City of Eugene seeks an on-going partnership with a talented contract lobby firm committed to working on advancing public sector priorities. This partnership will be through the provision of representation at the Capitol in Salem for multiple Oregon Legislative sessions, beginning in late summer/early fall 2023 until end of June 2026. The initial contract term will be for the duration of three legislative sessions with the opportunity to extend the contract to future years. The contract lobbyist will work in cooperation with the City’s Intergovernmental Relations (IGR) Officer to promote the City Council’s adopted policy priorities.

Our goals for a partnership include:

1. Developing positive relationships with legislators and agency personnel on behalf of the City,

2. Identifying and cultivating coalitions with stakeholders,

3. Developing communications and talking points to advance policy outcomes,

4. Providing regular and clear communication about progress,

5. Maintaining consistent availability during the Legislative Session.

6. Strategic efforts and initiatives outside of Legislative Sessions, including, but not limited to: supporting Eugene staff and/or elected officials on Interim Work Groups, Task Forces, and strategic partnerships; scheduling meetings with legislators, key agency staff, and statewide organizations; legislative session preparation (including capital construction requests, legislative concept and bill drafts, and budget requests.).

Scope of Work

Before the Legislative Session:

1. Assist in the development of a focused, proactive legislative agenda and priorities

2. Participate with staff in reviewing session processes and propose improvements for the future

3. Meet with legislators and agency personnel to foster relationships and lay the groundwork legislative success

During the Legislative Session:

1. Review and assist with prioritizing bills,

2. Monitor and track relevant legislation via BillTracker,

3. Coordinate with City of Eugene staff, including IGR Officer and City Manager’s Office

(CMO) staff, to update BillTracker platform,

4. Hold meetings with relevant committee chairs on viability of policy goals,

5. Work with legislative committee members and Eugene delegation for bill introduction,

6. Identify legislative supporter and relevant opposition,

7. Schedule and participate in legislative meeting to support or oppose legislation,

8. Assist in developing strategic communications,

9. Work with the Governor’s Office to gain approval or oppose policy efforts, including proposed legislation as required, Rev 03/2023 RFP 2023200067 Lobbying Services for Legislative Sessions 11

10. Collaborate with other municipal partners and stakeholders to leverage resources and strengthen Eugene’s position,

11. Participate in hearings at the legislature, coordinating city staff as needed, and provide testimony or prepare testimony for others for legislative committee hearings,

12. Provide bill status updates on a weekly or bi-weekly basis,

13. Provide a Final Legislative Report.

Budget

The approved budget for these services is $60,000 per year, for the three-year contract term. The budget for these services will be reviewed at the end of the three-year term, for the FY27 budget.

Duration

Contracts awarded from this RFP process shall be valid for a three-year term with the option to renew for two additional one-year periods.

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VI. PROPOSAL SUBMITTAL REQUIREMENTS

Proposals must be submitted in accordance with the submission requirements listed in Section II, Instructions to Proposers. Proposals must contain all the information requested in the submittal category below. A completeness check will be conducted for each proposal. A complete submittal will make the proposer a ‘Responsive Proposer’ to be further evaluated for possible inclusion in a Competitive Range as described below.

Submittals

1. Signed Standard Proposal Form

2. Scored Evaluation Questionnaire

3. Reference Form

Evaluation Criteria Evaluation of the written response portion to the RFP will be based on a point system. The possible point values are listed by each evaluation category. An evaluation committee will review the responses and score points for each category. Please see the following SECTION VII. PROPOSAL EVALUATION PROCEDURES for a summary of the complete evaluation process.

The Evaluation Questionnaire on page 16 will be scored up to the maximum point value indicated in parentheses for each question.

Criterion

Experience, philosophy, and approach 25 Points Staffing 25 Points Ability to perform scope of the work 20 Points Legislative accomplishments 25 Points Efforts Toward Sustainability 5 Points

Written Proposal Total Possible: 100 Points

The Purchasing Agent responsible for the solicitation may contact proposers for clarification of Proposals; however, no additions, deletions, or substitutions may be made to Proposals that cannot be termed as clarifications. Proposer’s responses to questions should restate the question and provide the clarification requested.

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VII. PROPOSAL EVALUATION PROCEDURES

A. DETERMINING RESPONSIVENESS OF WRITTEN PROPOSALS

Each proposal submitted in response to this RFP that conforms in all material respects with the requirements set forth in the solicitation documents and all requirements of the Oregon Public Contracting Code and City of Eugene Public Contracting Regulations shall be deemed a “responsive proposal”. The City will notify any proposers who submitted a non-responsive proposal to inform them that it did not meet the requirements and will therefore not be considered for contract Award.

B. EVALUATION OF WRITTEN PROPOSALS

The City will evaluate each responsive proposal according to the criteria described in this RFP on a point system.

Evaluation of all written proposals may result in the establishment of a competitive range from which the final selection will be made. As provided for in 137-047-0261, the City may award to the highest ranked proposer at any tier.

C. COMPETITIVE RANGE, DISCUSSIONS, & NEGOTIATIONS

Pursuant to 137-047-0262, the City may establish a competitive range after evaluating all responsive proposals in accordance with the evaluation criteria set forth in the RFP. After evaluation of all proposals in accordance with the criteria set forth in the RFP, the City may determine and rank the proposers in the competitive range.

After determination of the competitive range the City may either: Provide written notice to all proposers of its intent to award the contract to the highest-ranked proposer in the competitive range; or engage in discussions with proposers in the competitive range and accept revised proposals from them and following such discussions and receipt and evaluation of revised proposals, conduct negotiations with the proposers in the competitive range.

Notice of Competitive Range. The City shall provide written notice to all proposers identifying proposers in the competitive range. The City provides an opportunity for proposers excluded from the competitive range to protest the City’s evaluation and determination of the competitive range in accordance with Rule 137-047-0720.

Competitive Range Discussions and Revised Proposals. The City may choose to enter into discussions with proposers in the competitive range as outlined in 137-047-0262(2).

D. SELECTION PROCESS AND NOTICE OF INTENT TO AWARD

Notice of the intent to award will only be given to the competitive range proposers. Final award will depend upon the execution of an acceptable contract and delivery of performance bond and evidence of insurance, if required, and may be withdrawn by the City at any time prior to execution of the contract by the City.

Proposers in the competitive range may protest the City’s intent to award in accordance with Rule 137-047-0740.

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VIII. FORMS TO SUBMIT WITH PROPOSAL

CITY OF EUGENE

STANDARD PROPOSAL FORM

Solicitation No. RFP 2023200067

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

Acknowledgement of terms, conditions and specifications

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

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

3. Contract Execution; Performance Bond. The proposer agrees that if this proposal is accepted it will, within ten (10) calendar days after having received the Notice of 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.

4. Addenda. The proposer 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 proposal.

(Proposer: insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws

Proposer hereby agrees to comply with all applicable Oregon public contracting code provisions, as more specifically described in the attached contract and associated Exhibit A.

Proposer 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

Proposer 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 for acceptance by the City pursuant to the terms of the Contract, and investigate the proposer's minority business certification or other proposer qualifications.

Cooperative Purchasing

The proposer _____agrees _____disagrees to extend the terms, conditions and prices of the original City of Eugene contract to any other governmental agency. Pursuant to ORS 279A.215, other governmental agencies may establish contracts or price agreements under the terms, Rev 03/2023 RFP 2023200067 Lobbying Services for Legislative Sessions 15 conditions and prices of the original contract. Agency/agencies shall have the power and authority to contract directly with the successful vendor(s).

Certification of Nondiscrimination

Proposer 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 proposer certifies that the proposal has been arrived at by the proposer, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, proposer, or vendor on materials, supplies, equipment or services, described in the solicitation documents, designed to limit independent offers or competition. The contents of the proposal herein presented and made have not been communicated by the proposer or their employees or agents to any person not an employee or agent of the proposer 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.

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

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

Name: Title:

Phone:

Email:

Required Submittal Initial

Signed Standard Proposal Form

Scored Evaluation Questionnaire

Reference Form

Rev 03/2023 RFP 2023200067 Lobbying Services for Legislative Sessions 16

SCORED EVALUATION QUESTIONNAIRE

1. Provide background information demonstrating Proposer is an experienced lobbyist and describing the philosophy of the Proposer. Describe the approach the proposer will use to advance the legislative objectives identified in the scope of work, including possible opportunities to partner with other entities. (25 Points)

2. The Proposer should demonstrate that it has professional personnel by identifying the key parties to perform under contract with the City and by providing their resumes and/or curricula vitae. The evaluation will consider, among other factors, length of practice, education, training, registration, overall and relevant experience, and longevity with the firm. (25 Points)

3. Statement outlining ability of Proposer to perform the scope of the work, including past experience(s) working collaboratively with Eugene Area Legislative Delegation and/or the current and previous Governor’s Office leadership and advisors. (20 Points)

4. Provide detailed information of Proposer’s Legislative accomplishments. (25 Points)

5. Proposer’s efforts toward sustainability. 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. (5 Points)

a. Report on your performance in any areas that are relevant to your firm’s operations and services. Proposers may include existing reports or other company materials which demonstrate sustainability efforts. Suggested categories include:

Energy efficiencies and other green building practices Green office practices Community engagement and support for underserved populations Sustainable material sourcing Waste reduction and prevention (including waste management plans and reduce, reuse, and recycle tactics) Water conservation measures Alternative transportation practices Provision of Life Cycle Analysis or total cost of ownership Reporting on and communication about sustainability performance Mission-related sustainability practices/Sustainable business policy

b. Discuss how your firm’s efforts might be incorporated into or benefit the work performed or product supplied to the City. Provide details of efforts, practices, and/or processes that will be utilized.

For more information regarding sustainability in procurement, please refer to the City’s Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch http://www.eugene-or.gov/sustainpurch

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REFERENCES

This form must be completed and submitted with Proposal documents.

PROPOSER’S FIRM NAME:

REFERENCE #1

Company: Contact Name:

Address: City, State, Zip:

Phone Number: Fax:

Year(s) of Service:

Services Performed:

REFERENCE #2

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REFERENCE #3

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IX. SAMPLE CONTRACT

CITY OF EUGENE

PERSONAL SERVICES CONTRACT

Lobbying Services for Legislative Sessions

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

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

CONTRACT NO.: _________ - _________

EXPIRATION DATE: __________

RECITALS

A. Contractor is engaged in the business of ________.

B. City desires to engage Contractor to provide the Services described in this Agreement and Contractor is 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 44-23-01-F, Public Contracting Rules 2022, (City Rule) 137-047-0260, RFP 2023200067.

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 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. The 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 / Service Deliverables Exhibit C: Compensation Add other Exhibits as necessary

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 Personal Services Contract and ending with the signatures of all parties.

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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.

1.2.3 “Services” means all of the products, properties, and Services to be provided by Contractor under this 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 be, fully qualified by all necessary education, training, experience, licensure and certification 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 Commencement. Contractor shall begin to provide the Services on __________, or, if later, as soon as this Contract has been executed by all parties.

2.2 Key Personnel. Contractor has agreed that certain key personnel shall be assigned to perform certain parts of the Services, as described below. Removal of these key personnel from the specified tasks without the prior approval of City will be a material breach of the Contract.:________.

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

3. Term.

3.1 Initial Term. The initial term of the Contract shall expire, unless terminated or renewed, on the expiration date shown in the caption of this Agreement.

3.2 Renewal. Upon completion of the initial term, the City may elect to extend the Contract for up to two (2) additional one-year terms by mutual agreement of the parties.

4. Compensation. Subject to City’s right of offset for breach, Contractor will bill City for the Services by submitting periodic invoices that conform to the requirements of Exhibit C. City will make payments net 30 days of receipt of a properly submitted invoice. 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.

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

5.1 The parties, by mutual written agreement, may terminate the Contract at any time.

5.2 Either party may terminate the Contract if the other party is in breach of any provision hereof which breach continues for more than 30 days after a notice describing the breach has been given unless, in the case of a breach which cannot be cured within such 30-day period, the breaching party immediately initiates and diligently prosecutes a plan of curative action that is acceptable to the non-breaching party. Notwithstanding the foregoing, termination for a recurring breach may be made if the breach is uncured within seven days after the second notice in any twelve-month period and immediately, without opportunity for cure, in the third or any subsequent notice of breach in any twelve-month period.

5.3 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.

5.4 City may terminate the Contract immediately and without prior notice upon Contractor's failure to have in force any insurance required by the Contract, if Contractor breaches the City's security requirements, if Contractor fails to maintain any certificate or license required for performance of the Services, or as provided in Exhibit A.

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. Remedies.

7.1 In the event of a termination of the Contract by City because of a breach by Contractor, City may complete the Services either by itself or by contract with other persons, or any combination thereof. Contractor shall be liable to City for any costs or losses incurred by City arising out of or related to the breach, including costs incurred in selecting other contractors, time-delay losses, attorney fees, and the like, less the remaining unpaid balance of the consideration provided in the Contract. City may withhold payment of sums due Contractor for Services performed to the date of termination until City’s costs and losses have been determined, at which time City may offset any such amount due Contractor against the costs and losses incurred by City.

7.2 The foregoing remedies provided to City for breach of the Contract by Contractor shall not be exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach with or without termination.

7.3 In the event of breach of the Contract by City, Contractor’s remedy shall be limited to termination of the Contract and payment for Services performed to the date of termination less any offset to which City is entitled.

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8. Records/Inspection. Contractor shall maintain records of its charges to City under the Contract for a period of not less than three years following Contractor’s completion of the Contract. Upon reasonable advance notice, City or its authorized representatives may from time to time inspect, audit and make copies of any Contractor’s records that relate to the Contract. If any audit by City discloses that payments to the Contractor were in excess of the amount to which Contractor was entitled under the Contract, Contractor shall promptly pay to City the amount of such excess. If the excess charged by Contractor for any audited period is greater than two percent of the amount that should have been charged for that period, Contractor shall also reimburse City its reasonable costs incurred in performing the audit.

9. 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.

10. 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 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.

10.1 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 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.

10.2 Workers’ Compensation Insurance.