20242044_A1_Nighttime Park Security Patrol Services_IRFP.pdf

Informal Request for Proposal

Nighttime Park Security Patrol Services Solicitation No. IRFP 20242044

Due Date and Time:

Thursday, February 22, 2024 at 2:30 PM

CITY OF EUGENE

Central Services Finance Division/Purchasing

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

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

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I. INVITATION TO SUBMIT PROPOSALS

CITY OF EUGENE INFORMAL REQUEST FOR PROPOSALS

Solicitation No. IRFP 20242044

Notice to Proposers Pursuant to ORS 279B.070 and City of Eugene Administration Order 44-23-01-F, Public Contracting Rule (City Rule) 137-047-0270, proposals for Nighttime Park Security Patrol Services for the City of Eugene will be accepted by the Purchasing Office until Thursday, February 22, 2024 at 2:30 PM.

Proposals shall be valid for sixty (60) days after opening unless otherwise specified in the specifications. This Informal 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 provision of overnight security patrol services in local parks with an emphasis on those located in Eugene’s urban core. The contract term will be one year with an option to renew for an additional one-year term.

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.

Bidders must submit their proposals through OregonBuys before the due date and time specified.

Bidders 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.

Single Point of Contact City of Eugene Purchasing is the issuing office. Address all concerns or questions regarding this solicitation to the Purchasing Analyst identified below.

Dated: January 30, 2024

Noel Dietz, NIGP-CPP, CPPB Purchasing Analyst ndietz@eugene-or.gov https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@oregon.gov mailto:ndietz@eugene-or.gov

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II. INSTRUCTIONS TO PROPOSERS

1. 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. Alteration of any part of the Standard Proposal Form content may cause the proposal to be considered non-responsive.

1.2. Complete sets of Informal Request for Proposal (IRFP) documents shall be used in preparing proposals.

2. SUBMISSION

2.1. Proposers must 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.

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/email issues of any sort.

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. PROPOSAL MODIFICATIONS

3.1. Any questions, clarifications, modifications, or substitutions 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 five (5) calendar days PRIOR to the solicitation closing, and submitted separately from the solicitation 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. Questions, clarifications, modifications, or substitutions included with the response to the solicitation may cause it to be considered non-responsive.

3.2. 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 City their intent to offer an approved equal no later than five (5) calendar 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.

3.3. 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 closing.

3.4. Any written addendum issued which includes changes, corrections, additions, interpretations, or information and issued more than seventy-two (72) hours before the scheduled closing time for filing proposals, shall be binding upon the Proposer.

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

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://oregonbuys.gov/bso/ mailto:support.oregonbuys@oregon.gov

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3.6. Proposals may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for closing or as otherwise authorized by City public contracting Rule 137-047-0440.

4. CONSIDERATION OF PROPOSALS

It is the intent of the City to award a contract to the Proposer whose proposal will best serve the interest of the City based on evaluation factors contained in Section V of this IRFP, provided the proposal has been submitted in accordance with the requirements of these IRFP documents and does not exceed City funds available.

5. PUBLIC RECORDS

5.1. This IRFP and one 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.”

5.2. 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.

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

6. 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 the OregonBuys site. Addenda may be downloaded off of 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 and all responses to a properly submitted Request for Clarification or Change will be provided via addenda, as set forth above.

6.3. 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.

7. NONDISCRIMINATION

Submittal of a proposal in response to this IRFP evidences Proposer’s agreement that, in performing the work called for by this IRFP 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, 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 https://oregonbuys.gov/bso/

IRFP 20242044 Nighttime Park Security Patrol Services Page 4 subcontractor in the awarding of a subcontract because the subcontractor is a minority-owned, woman-owned, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned, controlled by, or that employs a disabled veteran as defined in ORS 408.225.

8. PROTEST OF AWARD

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

9. RESERVED RIGHTS

The City reserves the right:

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

B. 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.

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

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

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

F. 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.

G. In the event that any Proposer or Proposers to whom a Contract is awarded shall default in executing said contract, or in furnishing a satisfactory performance bond within the time and manner herein after specified, to re-award the Contract to another Proposer or Proposers.

H. To extend the deadline for submitting proposals.

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

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

10. CONTRACT AWARD

Submittal of a proposal evidences Proposer’s intent to execute and be bound by the terms of the attached contract. The City may enter into contract negotiations regarding any open terms with the highest ranked Proposer. 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.

11. ANNOUNCED AWARDEE

It is anticipated that a tentative contract awardee will be announced in writing to each proposer within [30] days from the date of opening. The announcement is for procedural purposes only and does not create any contractual rights in the tentative contract award.

The City will not be bound to the tentative contract awardee until a contract has been executed by the City.

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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:

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

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

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

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

e. 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.

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

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3. 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:

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/SearchCertifiedDirectory.asp?XI D=2315&TN=oregon4biz to find certified businesses from whom to procure products or services.

b. Visit the Oregon State Oregon Forward Program website at https://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 https://ofp.dasapp.oregon.gov/

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IV. ANTICIPATED SOLICITATION 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 bid submittal deadline will be done by an addendum to this solicitation.

ACTIVITY DATE

Solicitation advertised……………………………………………….……January 30, 2024

Last date to request changes, clarifications……………..February 12, 2024 at 3:00 PM

Last date for solicitation protest…………………………..February 12, 2024 at 3:00 PM

Deadline for issuing addenda to solicitation………………….….……February 16, 2024

Proposal Closing …………………………………..………February 22, 2024 at 2:30 PM

Notice of Award…………………………………..…….……no later than March 15, 2024

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

Introduction

The City of Eugene Parks and Open Space Division is seeking unarmed overnight security services to patrol parks and enforce park hours with a focus on parks located in Eugene’s urban core. This work will help create a safer and more welcoming park experience for the public and safeguard park assets.

Duration

• April 1, 2024 through March 31, 2025 with an option to renew for an additional year.

Days/Hours

• Seven days a week

• 10:30 p.m. to 6:30 a.m.

Patrol Area

• Eugene’s parks and natural areas with a focus on parks with higher instances of illicit activity including:

o Washington-Jefferson Park o Monroe Park o MLK Park o Scobert Gardens Park o Downtown Riverfront Park (see below) and perimeter of adjacent Eugene City Hall

• Perimeter may be patrolled by vehicle; park area will be patrolled on foot.

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Duties

• Security officers shall be unarmed and shall be certified under the State of Oregon Private Security Services Provider Act, ORS 181A.870 – 181A.991.

• Security Officer must be dressed in a contractor-provided uniform.

• Security Officer must be able to effectively read, write, and communicate verbally in English.

• Utilize good scene and personal safety practices and respond to emergency situations quickly and appropriately, calling Fire/EMS and/or Police as needed.

• Remind patrons of park hours.

• Work effectively and collaboratively with City of Eugene Departments including Public Works Parks and Open Space and Eugene Police.

• Electronically provide a typed daily report via email to the Contract Manager and Park Operations Supervisors at the end of shift of observations and actions taken.

• Enter high priority requests for service for parks staff via Park Watch www.eugene-or.gov/parkwatch.

o Examples: extensive infrastructure damage and vandalism

• Enter car camping in and around parks online via https://www.eugene-or.gov/2779/Report-a-Vehicle-Camping-or-Parking-Prob.

• Attend a parks enforcement meeting at least one time per month to discuss effectiveness and emerging issues.

http://www.eugene-or.gov/parkwatch http://www.eugene-or.gov/parkwatch https://www.eugene-or.gov/2779/Report-a-Vehicle-Camping-or-Parking-Prob https://www.eugene-or.gov/2779/Report-a-Vehicle-Camping-or-Parking-Prob

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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. Your proposal must contain all of the information requested in the submittal category below. A completeness check will be conducted for each proposal. An incomplete submittal will cause the proposal to be deemed “non-responsive” and not eligible to continue further in the IRFP process A complete submittal will make the proposal a “responsive proposal” to be further evaluated for possible inclusion on the short list as described below.

Submittals

1. Standard Proposal Form: Proposals shall be submitted with the Standard Proposal Form provided in Section VIII. The Proposer shall make no alterations or additional stipulations on the Standard Proposal Form. Alteration of any part of the Standard Proposal Form content may cause the proposal to be considered non-Responsive. All blanks on the Standard Proposal Form shall be filled in. Mistakes should be crossed out and corrections typed or written and initialed by the party signing the Proposal. No erasures are permitted. The omission of any required information or forms may invalidate a Proposal.

2. Questionnaire. Respond to all questions and requests listed in the Questionnaire provided as Section IX of the IRFP. Precede each response with a copy of the IRFP question/request.

3. Contractor’s Experience Form. Complete the Contractor’s Experience Form.

Evaluation Criteria Evaluation of the written response portion to the IRFP will be based on a point system. The written responses will be used to determine the short list of Proposers for further evaluation. The possible point values are listed by each evaluation category. Items will be scored up to the maximum point value indicated in parentheses. An evaluation committee will review the responses and score points for each category. Please see the following SECTION VI.

PROPOSAL EVALUATION PROCEDURES for a summary of the complete evaluation process.

1. Approach to the work: methods, supervision, reporting, training 50 points

2. Experience working with law enforcement 25 points

3. Proposal cost 25 points

Written Proposal Total Possible Points: 100

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

Each proposal submitted in response to this IRFP 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.

A. EVALUATION OF WRITTEN PROPOSALS:

The City will evaluate each responsive proposal in accordance with Rule 137-048-0220(4)(b) and the criteria described in Section VI of this IRFP on a point system.

A ‘responsive proposal’ means a proposal 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 Rules. Proposers of non-responsive proposals will be notified that they did not meet the requirements and will be disqualified for further consideration.

B. USE OF SHORT LIST / NEGOTIATION:

At the conclusion of the rated criteria evaluation process of the written proposals and prior to selection, the City may continue the evaluation process with Responsive Proposers who have the highest criteria ratings (the short list). The City may expand or decrease the short list if, in the opinion of the Purchasing Manager, the number of proposals or the quality of the proposals warrants an increase or decrease in the number of Responsive Proposers on the short list. The City may decide to forego evaluation of a short list and award the contract to the highest rated Proposer from evaluation of written proposals, subject to satisfactory agreement as to preliminary design, budget, and remaining unresolved contract issues.

Evaluation of Short List. Evaluation of the Short List will be based on criteria developed by the evaluation committee prior to the commencement of Short List evaluation. These criteria and procedures for evaluation will be issued out as an addendum to the Proposers on the Short List. Criteria used as evaluation methods may include interviews, modified design plans, work samples, demonstrations, inspections, site visits, or other testing or examinations.

Discussions and Negotiations Pursuant to 137-048-0220(4)(c), the City may commence discussions and negotiations with the highest ranked Proposer after evaluating all responsive proposals in accordance with the evaluation criteria set forth in the IRFP.

Negotiation with Highest Ranked Proposal. The City’s evaluation team shall not exhibit favoritism and will evaluate and rank the short list proposals using the methods described above. The City will begin negotiations with the highest ranked Proposer in accordance with City Rule 137-047-0270(3). The City may only negotiate an alternative term or condition submitted by a short list Proposer if the alternative term or condition is reasonably related to the following terms or conditions:

1. Specifications, however, the City may not negotiate specifications less than those stated as the minimum acceptable in this IRFP or an addenda issued prior to the solicitation closing date;

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2. Price;

3. The manner in which the services are to be performed or the quality or type of materials to be supplied;

4. Contract terms and provisions that the City would like to change.

C. ACTION UPON FAILURE TO EXECUTE CONTRACT.

In the event that a contract cannot be negotiated with the highest ranked Proposer, regardless of whether the City evaluates a short list or selects the highest ranked Proposer based on written proposal evaluations, negotiations will be discontinued, and the City will start contract negotiations with the next highest ranked Proposer. Nothing in this IRFP shall restrict or prohibit the City from canceling the solicitation at any time.

SELECTION PROCESS AND NOTICE OF INTENT TO AWARD:

Notice of the intent to award will only be given to Responsive Proposers. Final award will depend upon the execution of an acceptable contract 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.

Responsive Proposers may protest the City’s intent to award in accordance with Rule 137-048- 0240(2).

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VIII. STANDARD PROPOSAL FORM

City of Eugene Solicitation No. IRFP 20242044 Due Date and Time: Thursday, February 22, 2024

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

Acknowledgement of terms, conditions and specifications

1. I have read, understand and agree to be bound by the terms, conditions, and contract provisions included in the solicitation documents as well as all addenda issued for this solicitation. I agree to fulfill the requirements to furnish all material, labor, or to perform all work as herein indicated in strict accordance with the solicitation documents as well as all addenda issued for this solicitation. I have fully availed myself to the location or conditions under which the work is to be performed.

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. 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 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.

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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, 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 offer 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.

Item Qty Unit Unit Cost Total Amount

Security Patrol Services 5,824 HR

Proposal Submitted By:

Name: ________________________________ Title:__________________________________

Signature: Date:

Company Name:_____________________________________

Address:________________________________________________

Phone: _______________________________ Email:______________________________

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

Name:_________________________________ Title: ____________________________

Phone: Email :

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IX. QUESTIONNAIRE

1. Provide a detailed description of how the work will be accomplished, including supervision of employees, tools provided and how officer(s) will be kept safe.

2. Describe the type of training your employees receive; list any applicable certifications.

3. Describe your approach to gaining voluntary compliance and the steps you take if voluntary compliance is not gained.

4. Provide description of what daily reports include, when and how they are submitted and include a copy of a sample daily report.

5. Describe your experience working with law enforcement agencies, such as the Eugene Police Department or Lane County Sheriff’s Department.

6. Where is your office nearest to Eugene located?

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RFQ 20242044

PROPOSER’S EXPERIENCE

Proposer Name: ____________________________________________

The Proposer shall have at least two (2) years of experience in the performance of security patrol services and shall list a minimum of three references for whom services similar to those requested in this document were provided.

Client 1: Contact Name:

Address: City, ST, ZIP

Phone: Email:

Service location(s) and brief description of services provided.

Date(s)

Client 2: Project Contact Name:

Address: City, ST, ZIP

Client 3: Project Contact Name:

Address: City, ST, ZIP

Rev 04/2023 Contract XXXX-XXXXX Page 1

X. SAMPLE PERSONAL SERVICES CONTRACT

CITY OF EUGENE

PERSONAL SERVICES CONTRACT

Project Title

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, Rule 137-047-0270 and

IRFP 202420445.

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 three (3) 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 is 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. Contractor shall comply with the Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a self-insured employer

Rev 04/2023 Contract XXXX-XXXXX Page 5 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.

10.3 Automobile Liability. Contractor shall maintain an automobile liability insurance policy reflecting limits of not less than $2,000,000 combined single limit per occurrence 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.

10.4 Professional Liability. Contractor shall maintain a professional liability insurance policy reflecting limits of not less than $2,000,000 for claims for professional acts, errors or omissions arising from the Work. The policy may be written on a “claims made” form.

Contractor shall maintain the professional liability insurance coverage for at least one year after the completion of the work. The policy shall contain an endorsement entitling the City not less than 60 days prior written notice of cancellation of such policy.

11. Subcontracting. Contractor was selected for its special knowledge, skills, and expertise, and shall not subcontract the Services, in whole or in part, without City’s prior written approval, which may be withheld for any reason. Contractor shall require any approved subcontractor to agree, as to the portion subcontracted, to comply with all obligations of Contractor specified in the Contract.

Notwithstanding City’s approval of a subcontractor, Contractor shall remain obligated for full performance of the Contract and City shall incur no obligation to any subcontractor. Contractor shall indemnify, defend, and hold City harmless from all claims of subcontractors.

12. Assignment. Contractor shall not assign the Contract, in whole or in part, or any right or obligation hereunder, without City’s prior written approval, which approval shall not be subject to a reasonableness standard. If Contractor is a corporation or partnership, a change in ownership of Contractor resulting from a voluntary transfer of stock or partnership interests, or a transfer upon death or disability of any owner, shall not constitute an assignment unless the transferor is one of the key personnel specified in Section 2.2 of this Agreement.

13. Independent Contractor. Whether Contractor is a corporation, partnership, other legal entity or an individual, Contractor is an independent Contractor. If Contractor is an individual, Contractor’s duties will be performed with the understanding that Contractor is a self-employed person, has special expertise as to the Services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar Services for…