GJN4214 Trillium Gardens Contract

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TRADE SERVICES CONTRACT (Non-Facility) BETWEEN: The City of Eugene, an Oregon Municipal Corporation (City) AND: Trillium Gardens (Contractor) CONTRACT NO.: 2005 - 05320 EFFECTIVE DATE: 2/1 /05 RECITALS A. Contractor is engaged in the business of plant production, and has obtained and currently holds all licenses, permits, certifications, bonds or other authorization required by Federal, State or local law or regulations to engage in such business. B. City desires to engage Contractor to perform the services described in the attached Exhibit B (the "Services"). Contractor has represented that it is qualified to perform the Services, and desires to enter into this contract with City on the terms set forth below. AGREEMENT 1. Engagement. City hereby engages Contractor to perform the Services, and Contractor agrees to perform the Services, according to the terms and conditions set forth herein and in the following exhibits: Exhibit A City of Eugene Standard Contract Provisions ~hiEiilt ~l~ -Scope of ~e'rvices RFB # 2005=200047 Bare Root and Plug Grow-out for Wetland and Upland Prairies Exhibit C -Contractor response to RFB 2. Term. The term of this contract shall be for two years unless earlier terminated in accordance with paragraph 16. The City also has to option of renewing the contract five times, each time for aone-year period. 3. Consideration. As consideration for performance of the Services, City shall pay Contractor according to the following schedule: 1. 1St payment will be an "initial set up payment" as reasonably requested by the Contractor. This payment shall not exceed 35% of the anticipated cost of the seedling grow-out. 2 2"d payment will fulfill payment obligations for plant material grown-out to be paid at the target date time of the year 1 delivery. The contractor will be