Plentiful.Ai Inc. ~ 32400037
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: 32400037a2
Contract Start Date: 4/29/2024 Contract End Date: 6/30/2025
Contract Title: Energy Efficiency Friction Reduction Demo
Contractor Name: Plentiful.ai Inc
Contract Manager: Gary Pagenstecher
Department: CD
Contract Costs
Original Contract Amount: $19,000.00
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $19,000.000
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 70.015 C. Direct Appointment <=$20K
Solicitation Number: n/a
LCRB Date: n/a
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Contract extended.
DocuSign Routing
Route for Signature Name Email Address
Contractor Jason Trager jason@plentiful.ai
City of Tigard Sambo Kirkman sambo.kirkman@tigard-or.gov
Final Distribution
Contractor Jason Trager jason@plentiful.ai
Project Manager Gary Pagenstecher garyp@tigard-or.gov
Admin Support Joanne Bengtson joanne@tigard-or.gov
Buyer Rosie McGown rosie.mcgown@tigard-or.gov
Rev. 8/21
CITY OF TIGARD, OREGON
AMENDMENT TO CONTRACT NUMBER 32400037
FOR
ENERGY EFFICIENCY FRICTION REDUCTION DEMO
AMENDMENT #2
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called
City, and Plentiful.ai Inc., hereinafter referred to as Contractor, is hereby amended as follows:
1. EFFECTIVE DATE AND DURATION
The expiration date of this agreement is extended to June 30, 2025.
2. Except as expressly provided in this contract amendment, all other terms remain unchanged.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD PLENTIFUL.AI INC.
Signature Signature
Printed Name Printed Name
Date Date
Docusign Envelope ID: 3CEAB98E-1F1A-44F9-856D-A8F2F15A28CC
10/23/2024
Jason TragerSambo Kirkman
10/26/2024
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Costs
Original Contract Amount: $19,000.00
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $19,000.000
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 70.015 C. Direct Appointment <=$20K
Solicitation Number: n/a
LCRB Date: n/a
Account String: AmountWork Order – Activity TypeFund-Division-Account
FY 24 $19,000.001003700-54001
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Contract extended, contract milestones clarified. Will roll remainder into FY25.
Contract Overview
Contract/Amendment Number: 32400037a1
Contract Start Date: 4/29/2024 Contract End Date: 12/31/2024
Contract Title: Energy Efficiency Friction Reduction Demp
Contractor Name: Plentiful.ai Inc
Contract Manager: Gary Pagenstecher
Department: CD
DocuSign Routing
Route for Signature Name Email Address
Contractor Jason Trager jason@plentiful.ai
City of Tigard Sambo Kirkman sambo.kirkman@tigard-or.gov
Final Distribution
Contractor Jason Trager jason@plentiful.ai
Project Manager Sambo Kirkman sambo.kirkman@tigard-or.gov
Project Manager Gary Pagenstecher garyp@tigard-or.gov
Buyer Rosie McGown rosie.mcgown@tigard-or.gov
Rev. 8/21
CITY OF TIGARD, OREGON
AMENDMENT TO CONTRACT NUMBER 32400037
FOR
ENERGY EFFICIENCY FRICTION REDUCTION DEMO
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called
City, and Plentiful.ai Inc., hereinafter referred to as Contractor, is hereby amended as follows:
1. SERVICES TO BE PROVIDED
The Scope of Work is amended to add completion dates and further deliverable clarification, as
outlined in Exhibit A to this Amendment.
2. EFFECTIVE DATE AND DURATION
The expiration date of this agreement is extended to December 31, 2024.
3. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENT
The contact information for the City of Tigard is updated as follows:
CITY OF TIGARD
Attn: Gary Pagenstecher
Address: 13125 SW Hall Blvd
Tigard, OR 97223
Phone: (503) 718- 2434
Email: garyp@tigard-or.gov
4. Except as expressly provided in this contract amendment, all other terms remain unchanged.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD PLENTIFUL.AI INC.
Signature Signature
Printed Name Printed Name
Date Date
DocuSign Envelope ID: DBAD6590-BC99-43D0-98F0-6BD74E432D0A
Jason Trager
6/25/20247/1/2024
Sambo Kirkman
Rev. 8/21
EXHIBIT A
SERVICES TO BE PROVIDED
SCOPE OF WORK
Completion targets and acceptance criteria are added to the scope of work as follows.
A. Milestone 1 – Data Management.
Completion Target: June 30, 2024
B. Milestone 2 – Web Interface.
Completion Target: July 30, 2024
Done when: there is a web interface that demonstrates an estimate of the financial and energy
economics of upgrading the home with 3-5 pre-defined investments in Rooftop Solar PV, Heat
Pump Air Heat, Heat Pump Water Heater, and/or Energy Star Windows.
C. Milestone 3 – Friction Reduction.
Completion Target: July 30, 2024
D. Milestone 4
Completion Target: August/September 2024
DocuSign Envelope ID: DBAD6590-BC99-43D0-98F0-6BD74E432D0A
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: 32400037
Contract Start Date: 4/29/2024 Contract End Date: 7/25/2024
Contract Title: Energy Efficiency Friction Reduction Demp
Contractor Name: Plentiful.ai Inc
Contract Manager: Lloyd Purdy
Department: CD
Contract Costs
Original Contract Amount: $19,000.00
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $19,000.000
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 70.015 C. Direct Appointment <=$20K
Solicitation Number: n/a
LCRB Date: n/a
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY 24 1003700-54001 $19,000.00
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Contract received legal and IT review and approval.
DocuSign Routing
Route for Signature Name Email Address
Contractor Jason Trager jason@plentiful.ai
City of Tigard Kenny Asher kennya@tigard-or.gov
Final Distribution
Contractor Jason Trager jason@plentiful.ai
Project Manager Kenny Asher kennya@tigard-or.gov
Project Manager Lloyd Purdy lloydp@tigard-or.gov
Buyer Rosie McGown rosie.mcgown@tigard-or.gov
Contract Number 32400037
CITY OF TIGARD, OREGON
PERSONAL SERVICES CONTRACT
ENERGY EFFICIENCY FRICTION REDUCTION DEMO
THIS AGREEMENT made and entered into this 29th day of April 2024 by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Plentiful.ai Inc.,
hereinafter called Contractor.
RECITALS
WHEREAS, the City’s 2024 fiscal year budget provides for services related to reducing greenhouse
gas emissions; and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge,
and experience possessed by Contractor, and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require, under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor will initiate services immediately upon receipt of City’s notice to proceed together
with an executed copy of this Agreement. Contractor agrees to complete work that is detailed
in Exhibit A, incorporated herein by reference.
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires on July 25, 2024, unless
otherwise terminated or extended. All work under this Agreement must be completed prior
to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A.
The total amount paid to the Contractor by the City may not exceed Nineteen Thousand and
No/100 Dollars ($19,000.00). Payments made to Contractor will be based upon the following
applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes
all expenses incurred by Contractor, with the exception of expenses, if any, identified in
this Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor’s invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly. Unless
otherwise agreed, payment will be made only for work actually completed as of the date
of invoice.
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C. Payment by City releases City from any further obligation for payment to Contractor for
services performed or expenses incurred as of the date of the invoice. Payment may not
be considered acceptance or approval of any work or waiver of any defects therein.
D. Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of the work provided for in this Agreement.
E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
F. Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from
the contractor or any subcontractor.
H. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due, City’s Finance Director may pay such claim and charge the amount of the payment
against funds due or to become due the Contractor. The payment of the claim in this
manner does not relieve Contractor or their surety from obligation with respect to any
unpaid claims.
I. Contractor will promptly, as due, make payment to any person, co-partnership,
association, or corporation, furnishing medical, surgical, and hospital care or other needed
care and attention, incident to sickness or injury, to the employees of Contractor, of all
sums that Contractor agrees to pay for the services and all moneys and sums that
Contractor collected or deducted from the wages of employees pursuant to any law,
contract, or agreement for the purpose of providing or paying for services.
J. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
K. Contractor must obtain, prior to the execution of any performance under this Agreement,
a City of Tigard Business License. The Tigard Business License is based on a calendar
year with a December 31st expiration date. New businesses operating in Tigard after June
30th of the current year will pay a pro-rated fee though the end of the calendar year.
L. The City certifies that sufficient funds are available and authorized for this Agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard’s City Council.
4. OWNERSHIP OF WORK PRODUCT
City is the owner of and is entitled to possession of any and all work products of Contractor
which result from this Agreement, including any computations, plans, correspondence, or
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pertinent data and information gathered by or computed by Contractor prior to termination
of this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party may assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment has any force or effect unless and
until the other party has consented. If City agrees to assignment of tasks to a subcontract,
Contractor is fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them. Neither the approval by City of any subcontractor nor anything
contained herein creates any contractual relation between the subcontractor and City. The
provisions of this Agreement are binding upon and will inure to the benefit of the parties to
the Agreement and their respective successors and assigns.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is solely responsible for all payments and taxes required by law. Furthermore, in the
event that Contractor is found by a court of law or any administrative agency to be an
employee of City for any purpose, City is entitled to offset compensation due, or to
demand repayment of any amounts paid to Contractor under the terms of this Agreement,
to the full extent of any benefits or other remuneration Contractor receives (from City or
third party) as a result of said finding and to the full extent of any payments that City is
required to make (to Contractor or to a third party) as a result of said finding.
B. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
7. CONFLICT OF INTEREST
The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from Contractor, either directly or indirectly, in connection
with the letting or performance of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed their
normal charge for the type of service provided.
8. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor’s work by City will not operate as a waiver or release.
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Contractor agrees to indemnify and defend the City, its officers, employees, agents, and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments, or other costs or expenses, including attorney's fees and witness
costs (at both trial and appeal level, whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies), that may be asserted by any person
or entity which in any way arise from, during, or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification will also cover claims brought against the City under
state or federal worker's compensation laws. If any aspect of this indemnity is found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
validity of the remainder of this indemnification.
9. INSURANCE
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain, at Contractor’s expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an “occurrence” form (CG 2010 1185 or equivalent). This coverage must
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance
Contractor must also obtain, at Contractor’s expense, and keep in effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non-owned vehicles on an “occurrence” form. The Combined Single
Limit per occurrence may not be less than $2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor will obtain, at Contractor’s expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an “occurrence”
form. The Combined Single Limit per occurrence may not be less than $2,000,000.
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C. Workers’ Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law must comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
need not obtain workers’ compensation coverage. All non-exempt employers must
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All required insurance policies, other than Workers’ Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor must provide
evidence of such self-insurance. Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Primary Coverage Clarification
The parties agree that Contractor’s coverage is primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
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I. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability, professional liability, pollution, and errors and omissions policies required by this
Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such insurance
will be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
ContractsPurchasing@tigard-or.gov
At the discretion of the City, a copy of each insurance policy, certified as a true copy by
an authorized representative of the issuing insurance company, may be required to be
forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance will not be construed to limit Contractor’s liability
hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
10. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices, bills and payments will be made in writing and may be given by personal delivery,
mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The
following addresses will be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD PLENTIFUL.AI
Attn: Lloyd Purdy Attn: Jason Trager
Address: 13125 SW Hall Blvd
Tigard, OR 97223
Address: 5227 SE 72nd Ave
Portland, OR 97206
Phone: (503) 718- 2425 Phone: (510) 214-6739
Email: lloydp@tigard-or.gov Email: jason@plentiful.ai
Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when
so faxed, upon successful fax. In all other instances, notices, bills and payments will be deemed
given at the time of actual delivery. Changes may be made in the names and addresses of the
person to who notices, bills, and payments are to be given by giving written notice pursuant
to this paragraph.
11. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
12. MERGER
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
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Agreement. No modification of this Agreement will be effective unless and until it is made in
writing and signed by both parties.
13. TERMINATION WITHOUT CAUSE
At any time and without cause, City has the right in its sole discretion to terminate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph, City will pay Contractor for services rendered to the date of termination.
14. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
or at such later date as may be established by City, under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied, revoked, or not renewed.
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (A) will be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time
specified, or
2) If Contractor fails to perform any of the other provisions of this Agreement, or fails
to pursue the work as to endanger performance of this Agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Contractor will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages, if any, sustained by City due
to breach of contract by Contractor. Damages for breach of contract include those
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allowed by Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
15. ACCESS TO RECORDS
City will have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
16. HAZARDOUS MATERIALS
Contractor will comply with all federal Occupational Safety and Health Administration
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided
under this Agreement may release, or otherwise result in an exposure to, a hazardous chemical
under normal conditions of use (for example, employees of a construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheets, the identity of the chemical/s, how Contractor
will inform employees about any precautions necessary, an explanation of any labeling system,
and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
17. FORCE MAJEURE
Neither City nor Contractor will be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of
God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine
restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled will within
ten (10) days from the beginning of such delay, notify the other party in writing of the cause
of delay and its probable extent. Such notification will not be the basis for a claim for
additional compensation. Each party will, however, make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
18. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor of any of the
terms of this Agreement or to exercise any rights hereunder should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
19. HOURS OF LABOR, PAY EQUITY
In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week, except as provided by law. For contracts for personal services, as
defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
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employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to
209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract, either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
C. Contractor may not prohibit any of Contractor’s employees from discussing the
employee’s rate of wage, salary, benefits or other compensation with another employee or
another person and may not retaliate against an employee who discusses the employee’s
rate of wage, salary, benefits or other compensation with another employee or another
person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause.
20. NON-DISCRIMINATION
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement, including, without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142, including all amendments of and regulations and administrative rules, and
all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
21. ERRORS
Contractor will perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
22. EXTRA (CHANGES) WORK
Only the City’s Project Manager for this Agreement may change or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to
adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
23. WARRANTIES
Contractor will guarantee work for a period of one year after the date of final acceptance of
the work by the owner. Contractor warrants that all practices and procedures, workmanship
and materials are the best available unless otherwise specified in the profession. Neither
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acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor’s
services rendered in the performance of Contractor’s obligations under this Agreement, will
be provided to the City free and clear of any and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, claims,
mortgages, security interests, liabilities, charges, and encumbrances of any kind.
24. ATTORNEY'S FEES
In the event an action, suit of proceeding, including appeal, is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party’s own attorney
fees, expenses, costs and disbursements for the action, suit, proceeding, or appeal.
25. CHOICE OF LAW, VENUE
The provisions of this Agreement are governed by Oregon law. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S. District Court for Oregon, Portland.
26. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in this Agreement.
27. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor’s proposal, this
Agreement will control. In the event of conflict between a provision in the main body of the
Agreement and a provision in the Exhibits, the provision in the main body of the Agreement will
control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will
control.
28. AUDIT
Contractor will maintain records to assure conformance with the terms and conditions of this
Agreement and to assure adequate performance and accurate expenditures within the contract
period. Contractor agrees to permit City, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this Agreement to assure
the accurate expenditure of funds.
29. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions will
not be impaired unless the illegal or unenforceable provision affects a significant right or
responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and, if negotiations fail, may terminate the Agreement.
30. COMPLIANCE WITH TAX LAWS
Contractor represents and warrants that Contractor is, to the best of the undersigned’s
knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316, 317, and 318. Contractor’s failure to comply with the tax laws of this
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state or a political subdivision of this state before the Contractor executed this Agreement or
during the term of this Agreement is a default for which the City may terminate this Agreement
and seek damages and other relief available under the terms of this Agreement or applicable
law.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their
duly authorized officials.
CITY OF TIGARD PLENTIFUL.AI
By: __________________________________
By: __________________________________
Name: _______________________________
Name: _______________________________
Title: ________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
DocuSign Envelope ID: 9A299C2F-B6E4-4C14-8E25-86ECF49E9C23
CEO
Jason S. Trager
4/29/2024
X
Kenny Asher
Community Development Director
5/1/2024
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EXHIBIT A
SERVICES TO BE PROVIDED
INTRODUCTION
Tigard’s Community Development department desires to accelerate electrification to reduce harmful
greenhouse gas emissions, enhance the City’s understanding of the carbon footprint of existing
buildings, and improve decarbonization planning and execution. Contractor will provide enhanced
building data and a streamlined decision-making process for Tigard residents in an effort to eliminate
points of friction faced by consumers as they make purchase decisions for energy efficiency upgrades
to their homes and commercial properties.
Goals
1. Deliver enriched building data, including joining energy use estimations to the City of Tigard’s
GIS team as a dataset for internal analysis.
2. Create a low-friction electrification decision-making process of Tigard buildings through data-
driven financial estimates that includes at least a cost estimate range, 5 year ROI, and 10 year
ROI; and a range of 3-5 green investment options.
3. Create a software-enabled financing and contracting process.
Data Needs
Existing tax parcel information and any information about buildings including but not limited
to zoning codes. The City will provide existing data from the city’s GIS system, any additional
information needed will be acquired by the Contractor at the Contractor’s expense.
For feedback on how system is performing: Permit data reflecting actual work done on houses
as system is used.
SCOPE OF WORK
Contractor will complete the following milestones:
A. Milestone 1 – Data Management
Done when: a shapefile or other geospatial data export is delivered to City with the
enriched data showing the electrification potential of every residential building.
1.1. Kickoff Meeting with Tigard and mockups of deliverables in Figma.
1.2. Generate Opportunity Platform software environment for Tigard.
1.2.1. Load (public/external) building data for Tigard into Plentiful.ai software.
1.2.2. Integrate data about Tigard parcels with data environment.
1.3. Append geodata to Tigard buildings.
1.3.1. Incorporate open-source and usable geodata provided by the City of Tigard into
Plentiful.ai building models for Tigard.
1.3.2. Data delivered to Tigard will be either (1) the property of the City of Tigard or (2) Freely
Available for use by the City of Tigard.
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1.4. Append NREL simulated energy use data to each building.
1.4.1. Incorporate NREL data to form the basis of the energy economics for each building, in
order to showcase how much electrification and energy efficiency can occur within each
building.
1.5. Review work in progress with client.
B. Milestone 2 – Web Interface
Done when: there is a web interface that demonstrates an estimate of the financial and
energy economics of upgrading the home with 3-5 pre-defined investments.
1.1. Generate custom cost estimates as a range for each building.
1.1.1. Generate an initial financial analysis for each building documenting:
1.1.1.1. Estimated upfront cost
1.1.1.2. Five-year ROI
1.1.1.3. Ten-year ROI
1.1.1.4. Estimated Incentives
1.1.1.5. First year savings
1.1.2. Enable that financial analysis to be shared with user via an online interface. This online
interface will be on the Plentiful.ai web app, which will be linked to from the Tigard
CRCD webpage.
1.1.3. Create the initial financial ROI for each building, which can both be provided to the
customer and to the contractor, along with a cost estimate range of the estimate.
1.1.4. Present the estimate as a viewable screen, print out option, and exportable data.
1.1.5. The web platform will be hosted by Plentiful.ai for at least one year. The web platform
is owned by Plentiful.ai.
1.2. Review work in progress with client.
C. Milestone 3 - Friction Reduction
Done when: demonstrated a mechanism for residents to transmit potential opportunities
to contractors and lender and receive a response.
1.1. Enable a “Click here for contractor” – bidding interface.
1.1.1. Recruit contractors to serve as interface testers.
1.1.2. Create a mechanism for contractors to respond to bids for work on buildings and track
the estimates. This should be as simple as possible, perhaps an embedded email form
that the contractor responds to and attaches a bid pdf and topline numbers.
1.1.3. Create a visual and database interface to return the estimate to the user.
1.1.3.1. Potentially have an “accept best or view bids” option by:
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1.1.3.1.1. Cost (low bid).
1.1.3.1.2. Distance from contractor
1.1.3.1.3. Review all.
1.1.3.2. Provide an email option.
1.2. Enable “Click here for lending” bidding interface.
1.2.1. Reach out to lending partners, to determine financing requirements and data needs to
finance energy upgrades.
1.2.2. Create a mechanism to transmit the requirements to the financing partners out of the
application from the building/homeowner.
1.2.3. Return lender responses to user to enable homeowners to finance their projects.
1.3. Review work in progress with client.
D. Milestone 4
Done when: there is a way to navigate to the Plentiful software described in the previous
3 milestones from the CRCD webpage, and that way can be communicated to Tigard
residents clearly.
1.1. Communicate platform to Tigard residents.
1.1.1. Plentiful will craft a strategy with Tigard in order to do this. Tigard will be responsible
for communication, and Plentiful may provide guides, documents, etc.
1.1.2. Discuss some sort of paid concierge service to help residents through the process.
1.1.2.1. Review work in progress with client.
DEFINITION OF WORK PRODUCT IN THIS SCOPE
For clarity, “work product” owned by Tigard pursuant to Section 4 of the Agreement includes only
(1) data deliverable pursuant to Milestone 1 (1.3.2) and (2) the strategy delivered pursuant to Milestone
4 (1.1.1). The Opportunity Platform is the sole and exclusive property of Plentiful as between Tigard
and Plentiful.
COST/RATE ESTIMATES
Flat rate of $19,000.
Payment based on milestone completion, paid in equal installments and billed in accordance with
section 3 of this contract.
CUSTOMER EXPERIENCE AND WORKFLOW MAP
See following page.
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DocuSign Envelope ID: 9A299C2F-B6E4-4C14-8E25-86ECF49E9C23