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HomeMy WebLinkAboutContract - Greehill - 2026 Tree Inventory Service using LiDAR $22,790 To: Luke Stowe, City Manager From: Noel Rodriguez, Public Services Bureau Chief Cc: Emily Okallau, Public Services Coordinator Subject: Approval of a Sole-Source Contract for LiDAR Tree Inventory Pilot Date: December 4, 2025 Recommendation Staff recommends approval of a sole-source contract for $22,790.00 with Greehill (201 Spear St. Ste 1149, San Francisco, CA 94105-1630) to provide a partial smart tree inventory using LiDAR. Funding Source Funding will be provided from account 100.40.4320.62385 – Tree Services, which has a FY 2025 budget of $150,000 with $37,865 remaining. These funds are budgeted for the City’s annual tree inventory update. Background The Public Services Bureau received a $15,000 grant in 2022 to reestablish an annual tree inventory update that aligns with the City’s cyclical pruning program. Under this approach, the City is divided into six geographic sections, with one-sixth of Evanston’s public trees inventoried each year. This ensures that every tree is reassessed on a six-year cycle, which is consistent with industry best practices and supports proactive pruning, maintenance planning, and risk management. Using the grant funds and additional budgeted support in the following years, staff completed inventory updates in early 2023 and 2024, reestablishing a consistent update cycle that had previously lapsed due to resource constraints. This work ensures that pruning cycles, risk assessments, and maintenance planning are based on current and reliable data. Under the traditional method, the contractor conducts a physical, ground-based assessment of each tree, recording its condition, size, species, structural integrity, and any visible defects or conflicts with infrastructure. While this approach provides valuable field-level observations, it is labor-intensive, time-consuming, and limited to what can be visually assessed from the ground. Document ID: 8c89c4f49c44101ed54d22c3a488d8a0d93de1c3aa1b4d9ecb810824d36b1595 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Scanning trees with ground-based LiDAR is an emerging technology that provides detailed visualizations of individual tree canopies, including their shape, structure, interaction with nearby infrastructure (roads, buildings, utilities, etc.), and the ecosystem benefits they provide. When aggregated, this information reveals canopy-wide benefits for Evanston’s urban forest, including percent canopy cover, measures of photosynthetic capacity, canopy color depth, and how individual trees and overall canopy coverage support the City’s CARP goals. Collectively, this data helps quantify how Evanston’s urban forest mitigates environmental impacts, including those associated with climate change. Although similar data can be calculated manually using tree size, species, and field measurements, LiDAR produces significantly more accurate and precise results, eliminating the need for additional processing once the contractor delivers the dataset. Maintaining a current and accurate tree inventory is essential for effective and responsible urban forest management. A LiDAR-based approach has the potential to greatly expand the depth and quality of available data, improve decision-making around pruning and risk management, and advance the City’s broader environmental and climate resilience goals. With this new technology now available, staff recommends piloting a transition from the traditional inventory method by conducting this year ’s update using a LiDAR scan performed by Greehill. This is a sole-source procurement as Greehill is the only known provider offering an integrated, ground-based LiDAR tree inventory platform that produces canopy structure data, health indicators, and urban forest metrics. This pilot will allow the City to evaluate the capabilities of a smart, data-rich tree inventory. By comparing the results to prior ground-based assessments, staff will be able to determine the accuracy, efficiency improvements, and long-term value of incorporating LiDAR into future inventory cycles. Approved by: ________________________________________ Luke Stowe, City Manager ___________________ Date Document ID: 8c89c4f49c44101ed54d22c3a488d8a0d93de1c3aa1b4d9ecb810824d36b1595 Signer ID: YDVR2NXC10... 04 Dec 2025, 21:22:07, CST 12/04/2025 CST Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c SOLE/ SINGLE SOURCE JUSTIFICATION (Requester completes Section A and B) SECTION A – SOLE/SINGLE SOURCE PURCHASE: Complete if sole/single source purchase is $2,500 or over, AND competition is not available. Sole/Single Source approvals are valid one year from approval date, unless specified elsewhere. PO No. (if applicable): Amount: | Date: Supplies/Services Required (be specific): Proposed Vendor Name and No: _______________________________________ Requested by: (Name and Signature) _________________________________________ Prepared by: (Name and Signature) I certify that justification/ information is accurate and complete to the best of my knowledge and that I have no personal interests relative to this request . Dept. Name/ Ext: Check One: The requested supply/service is a sole/single source procurement due to: AVAILABILITY/ONE OF A KIND No competitive product exists or is available from another vendor. COMPATIBILITY Must match existing piece or brand of equipment and is available from only one vendor. REPLACEMENT/MAINTENANCE Repair or maintenance for specific brand of existing equipment and is available from only original equipment manufacturer or designated servic e dealer. OTHER Provide a full explanation/detail of above selection: complete descriptions, and relevant reasons to support the justification: SECTION B - REQUESTER CERTIFICATION: By submitting this request, I certify that the above justification/information is accurate and complete to the best of my knowledge and that I have no personal interests relative to this request. ___________________________________________________ ______________________________ (Name and Signature of Requester) (Date) _________________________________________________ ______________________________ (Name and Signature of Department Director) (Date) SECTION C - TO BE: COMPLETED BY PURCHASING MANAGER: Based on the information provided in Section A and attached supporting documents, I concur / do not concur (see below) with purchase to be a Sole Source. Do not concur for the following reason(s): (Name and Signature of Purchasing Manager or Authorized Designee) (Date) $22,790.00 Partial LiDAR Tree Inventory Greehill Noel Rodriguez Noel Rodriguez Public Works Agency Ext 7665 X Greehill is the only known provider offering an intergrated, ground-based LiDAR tree inventory platform that produces canopy structure data, health indicators, and urban forest metrics. Noel Rodriguez 11/04/2025 12/04/2025 Document ID: 8c89c4f49c44101ed54d22c3a488d8a0d93de1c3aa1b4d9ecb810824d36b1595 Signer ID: YDVR2NXC10... 04 Dec 2025, 21:22:07, CST 12/04/2025 CST Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Quotation Please consider this quotation for a Smart Tree Inventory (STI) and/or Smart Tree Monitoring (STM) from greehill. Rev 3.43b Date:18-Sep-2025 Prepared by:FM GIS by: Target City Name Evanston, IL Quotation Type Budget gh Quote Name: Market NA-North America gh Deal Number:S1785 gh LINK TO CRM PAGE Area of Interest According to City Limits AOI or Existing DB, if provided, and Appendix B Notes: Street trees 5 300 trees Source:Client Est.Existing inventory (1/6 zone) Streets 30 miles Source:Client Est 1/6 of 180 mi, likely smaller Park trees 0 trees Source:n/a Total Park Size 0 acres Source:n/a Number of Parks 0 park(s)Source:n/a Base Subscription Name:STI - 2 yr STM - 2 yr Bridge Payment Option Subscription(s) Selected:YES NO NO Partner (if applicable) Streets Parks Structural Assessment YES NO (Yes/No) Health & Vitality YES NO (Yes/No) Clearance - ALL Selected NO NO (Yes/No) Clearance - Roads YES NO (Yes/No) Clearance - Wires NO NO (Yes/No) Clearance - Traffic Signs NO NO (Yes/No)Estimated number of Traffic Signs:- Clearance - Buildings YES NO (Yes/No)(if client will provide in a Shape File, set this value to zero) Database Matching YES NO (Yes/No) Item Quantity Unit Unit Price Item Total Base Subscriptions: Base-STI. Street.5 300 tree(s)USD 3,30 USD 17 490,00 Base-STI. Parks.0 tree(s)USD 0,00 USD 3,00 USD 0,00 Base-STM. Street.0 tree(s)USD 0,00 USD 2,00 USD 0,00 Base-STM. Parks.0 tree(s)USD 0,00 USD 2,00 USD 0,00 Bridge Year (not selected)0 tree(s)USD 0,00 USD 0,40 USD 0,00 Duration of Quoted Products 2 years USD 3,30 Options: Structural Metrics 5 300 tree(s)USD 0,20 USD 0,00 USD 0,20 USD 1 060,00 Health and Vitality Metrics 5 300 tree(s)USD 0,20 USD 0,00 USD 0,20 USD 1 060,00 Clearance USD 0,00 USD 0,60 Clearance - Roads 5 300 tree(s)USD 0,20 USD 0,00 USD 0,20 USD 1 060,00 Clearance - Wires - tree(s)USD 0,20 USD 0,00 USD 0,20 USD 0,00 Clearance - Traffic Signs - tree(s)USD 0,20 USD 0,00 USD 0,20 USD 0,00 Clearance - Buildings 5 300 tree(s)USD 0,20 USD 0,00 USD 0,20 USD 1 060,00 Database Matching 5 300 tree(s)USD 0,20 USD 0,00 USD 0,20 USD 1 060,00 Duration of Quoted Options 2 years USD 1,00 USD 4,30 2 years access to greehill web-based platform USD 0,00 USD 1,00 USD 0,00 THIS IS BLACKED OUT DUE TO TREE QTY OR TREE DENSITY USD 22 790,00 Year Number Year 1 Year 2 TOTALS Amount Due USD 22 790,00 USD 0,00 USD 22 790,00 Subscription STI Year 1 STI Year 2 greehill Total Price Delivery Schedule Scanning Requirements MLS Scanning Days:2 TLS Scanning Days:0 Quote valid until 12/31/2025. Metrics and monitoring standards as published version 3.4, June 2024 PDF AOI: According to City Limits AOI or Existing DB, if provided, and Appendix B Scanning will be conducted during a pre-scheduled time window in the "Leaves-On Season". Base STI is mandatory for the first order Assumptions and Terms S1785_Evanston, IL_Quote_9.18.25 (Rough estimate) greehill Platform and basic STI metrics delivery within 4-8 weeks of scan completion, advanced delivery and options may require an additional 4-6 weeks. Price Per Tree - Subscriptions Price Per Tree - Options Total Price Per Tree - Subscriptions & Options TOTAL QUOTE 0 Orders must be received at least 6 weeks before the given scanning season to ensure same-year scheduling. A-Pay on scan year Payment Schedule , Quote Printed Document ID: 8c89c4f49c44101ed54d22c3a488d8a0d93de1c3aa1b4d9ecb810824d36b1595 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Signature Certificate Envelope Ref:5079e82984f37f5417a4b40fda4188eef03ac458 Author: Ann Hunwick Creation Date: 04 Dec 2025, 09:46:00, CST Completion Date: 04 Dec 2025, 21:22:07, CST Document Details: Name: LiDAR Partial Tree Inventory Pilot Memo.docx (1) Type: Document Ref: 8c89c4f49c44101ed54d22c3a488d8a0d93de1c3aa1b4d9ecb810824d36b 1595 Document Total Pages: 4 Document Signed By: Name: Luke Stowe Signer ID: YDVR2NXC10... 04 Dec 2025, 21:22:07, CST Email: lstowe@cityofevanston.org IP: 2601:246:d083:89e0:59a9:63c5:3222:e804 Location: ZION, IL (US) Date: 04 Dec 2025, 21:22:07, CST Consent: eSignature Consent Accepted Security Level: Email Document History: Envelope Created Ann Hunwick created this envelope on 04 Dec 2025, 09:46:00, CST Invitation Sent Invitation sent to Luke Stowe on 04 Dec 2025, 09:46:40, CST Invitation Accepted Invitation accepted by Luke Stowe on 04 Dec 2025, 21:18:37, CST Signed by Luke Stowe Luke Stowe signed this Envelope on 04 Dec 2025, 21:22:07, CST Executed Document(s) successfully executed on 04 Dec 2025, 21:22:07, CST Signed Document(s) Link emailed to lstowe@cityofevanston.org Signed Document(s) Link emailed to ahunwick@cityofevanston.org Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c CITY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS PBC# Project Title Contract # Procurement Method (IFB, RFP, Small, etc): Ref. # Publication Date: Award Code: Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No Funding Source Obligation # Approval: Signature Date/Printed Name Phone ______________________________ E-mail _______________________ Revision 12/2019 Page 1 AGREEMENT The Parties to this Agreement are the City of Evanston and Vendor. This Agreement, consisting of the signature page and numb ered sections listed below and any attachments referenced in this Agreement, constitutes the entire Agreement between the Parties c oncerning the subject matter of the Agreement, and supersedes all prior proposals, Agreements and understandings between the Parties concerning the subject matter of the Agreement. This Agreement can be signed in multiple counterparts and signature may be electronic or digital upon agreement of the Parties. 1. TERM AND TERMINATION 2. DESCRIPTION OF SUPPLIES AND SERVICES 3. PRICING 4. STANDARD BUSINESS TERMS AND CONDITIONS 5. STANDARD CERTIFICATIONS 6. DISCLOSURES AND CONFLICTS OF INTEREST 7. SUPPLEMENTAL PROVISIONS In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this Agreement to be executed by their duly authorized representatives on the dates shown below. VENDOR CITY OF EVANSTON (Vendor Name) (Procuring Department Name) _______________ Signature Official Signature Printed Name Printed Name Luke Stowe Title Date Title City Manager Date Address Designee Signature Printed Name Phone Fax Title E-mail Address 619-459-0977 greehill North America,Inc tim.lacey@greehill.com San Diego,CA 92106 Timothy A Lacey Head of Project Mgmt,North America 3753 Southernwood Way Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Approved as to form: Alexandra B. Ruggie Corporation Counsel 07 / 15 / 2026 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 1 1. TERM AND TERMINATION 1.1 TERM OF THIS AGREEMENT: This Agreement has an initial term of 2 years and will commence upon start of scanning (on or around July 31, 2026). Vendor shall not commence billable work in furtherance of the Agreement prior to final execution of the Agreement. 1.2 RENEWAL: Subject to the maximum total term as identified above, the City has the option to renew for the following term(s): City will have option to renew access to greehill's proprietary "greehill Trees" software platform to maintain access to point cloud and oth er data after 2 years for USD $0.12 per tree per year. If the City desires an additional scan and re-inventory of its trees, such services shall be quoted upon request outside the scope of this contract. Any renewal is subject to the same terms and conditions as the original Agreement except as stated below in this subsection. The City may renew this Agreement for any or all of the option periods specified; may exercise any of the renewal options early an d may exercise more than one option at a time based on continuing need and favorable market conditions when in the best interest of the City. The Agreement shall n ot renew automatically nor shall the Agreement renew solely at Vendor’s option. 1.3 TERMINATION FOR CAUSE: The City may terminate this Agreement, in whole or in part, immediately upon notice to Vendor if: (a) the City determines that the actions or inactions of Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) Vendor has notified the City that it is unable or unwilling to perform the Agreement. If Vendor fails to perform to the City’s satisfaction any material requirement of this Agreement, is in violation of a materi al provision of this Agreement, or the City determines that Vendor lacks the financial resources to perform the Agreement, the City shall provide written notice to Vendor to cure the problem identified within the period of time specified in the City’s written notice. If not cured by that date, the City may either: (a) immediately terminate the Agreement without additional written notice or (b) enforce the terms and conditions of the Agreement. For termination due to any of the causes contained in this Section, the City retains its rights to seek any available legal o r equitable remedies and damages. 1.4 TERMINATION FOR CONVENIENCE: The City may, for its convenience and with 7 days prior written notice to Vendor, terminate this Agreement in whole or in part and without payment of any penalty or incurring any further obligation to Vendor. Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this Agreement up to and in cluding the date of termination. 2. DESCRIPTION OF SUPPLIES AND SERVICES 2.1 GOAL: To utilize the knowledge and expertise of Vendor, that is lacking in the Procuring Department’s staff, to obtain supplies and services necessary to help meet the responsibilities of the Procuring Department. 2.2 SUPPLIES AND/OR SERVICES REQUIRED: 2.3 MILESTONES AND DELIVERABLES: Vendor shall not perform services, provide supplies or incur expenses in amount exceeding the amount shown in this Section, unless the City has authorized a higher amount in writing prior to Vendor performing the services, providing the supplies, or incurring the expenses. Not-to-exceed $143,843 2.4 VENDOR / STAFF SPECIFICATIONS: 2.5 ASSIGNMENT AND SUBCONTRACTING: 2.5.1 This Agreement may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the City. 2.5.2 For purposes of this section, subcontractors are those specifically hired to perform all or part of the work covered by the A greement. Will subcontractors be utilized? ☐ Yes ☐ No 2.5.3 Vendor shall describe below the names and addresses of all authorized subcontractors to be utilized by Vendor in the performa nce of this Agreement, together with a description of the work to be performed by the subcontractor and the anticipated amount of m oney that each subcontractor is expected to receive pursuant to this Agreement. Vendor shall provide a copy of any subcontracts within 20 days of execution of this Agreement for approval by the City. Vendor shall be responsible for the accuracy and quality of any subcontractor’s performance. Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 2 Subcontractor Name Amount to be paid Address Description of work Subcontractor Name Amount to be paid Address Description of work 2.5.4 Vendor shall obtain approval from the City prior to hiring any additional or substitute subcontractors during the term of thi s Agreement. Vendor may, upon request of the City, provide to the City a draft subcontractor agreement for review and approval prior to the execution of the subcontract. Subcontractor agreements shall provide that services to be performed under the subcontracting agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. 2.5.5 All subcontracts must include the same certifications that Vendor must make as a condition of this Agreement. 2.6 TRANSPORTATION AND DELIVERY: 2.7 WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise specified in this section all services shall be performed in the United States. If Vendor manufactures the supplies or performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the City as a breach of the Agreement by Vendor. Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if Vendor shifts any such wor k outside the United States. It is allowable that Vendor has some employees perform certain elements of data extraction and processing outside of the United States. Location where services will be performed Some employees that are performing certain elements of data extraction and processing will be controlling cloud-based machine learning models from Budapest, Hungary. Value of services performed at this location Approximate value of services provided is less than 30% of total contracted value. Location where services will be performed Value of services performed at this location 2.8 SCHEDULE OF WORK: Any work performed on City premises shall be done during the hours designated by the City and performed in a manner that does not interfere with the City and its personnel. 2.9 WARRANTIES FOR SUPPLIES AND SERVICES: 2.9.1 Vendor warrants that the supplies furnished under this Agreement will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the City or furnished by Vendor and agreed to by the City, including but not limited to all s pecifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer i f so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and City laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e ) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the City for any losses, costs, damages or exp enses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies to meet such wa rranties. The parties acknowledge and agree that the following performance standards shall apply to the Services provided by greehill t o the City. These standards are mutually agreed upon for internal quality and service assurance purposes between the parties. The parties further agree that greehill shall use commercially reasonable efforts to perform the Services in accordance with the following minimum performance thresholds standards: For trees falling within the 1st and 2nd standard deviation, approx. 95% of the trees created: • 90% accuracy on genus and species and the metrics that are based on them: • Ecosystem Services benefits o Trunk Stability Index, Critical Wind Speed, Required Residual Wall Thickness o Outlier Detection o DBH measured +/- 10% accuracy • Other directly measured fields (not calculated) +/- 5% accuracy • Outlier Detection is only calculated for trees that have their Species identified, at least 10 trees of the organization are of that Species, the tree’s competition index is below 55% and either its total height is at least 12m or its DBH is at least 20cm. Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 3 Up to 0.1% false positive rate (other objects than trees are classified as trees) and 1% false negative rate (trees not recog nized) within the specified Area of Interest (“AOI”). These standards are intended to guide the performance of the Services and to align expectations between the parties. greehill and the City shall work together in good faith to avoid any conflicts or discrepancies with the client’s expectations. In the event of any issues or concerns raised by the City that may relate to the above standards, the parties shall consult with each other and make reasonable efforts to resolve the matter in accordance with the spirit of these agreed-upon performance thresholds. The City acknowledges that a LiDAR-based smart tree inventory is not a direct replacement for a traditional tree inventory conducted by certified arborists and will differ accordingly. The City acknowledges that determinations are limited to data captured by the scan, which may at times be incomplete due to the presence of obstructions, parked vehicles, limited line-of-sight, and other physical and technical limitations. In the event of such obstructions or incomplete data, Vendor will utilize machine learning algorithms to make best approximations based on all available data. The City is not electing to contract services from Vendor for an on-site visit by an arborist to conduct an assessment. Any updates to the data collected by Vendor made by the City or any of its contractors is outside the scope of this contract and even th ough the City has the ability to catalogue such data with Vendor’s platform from arborist assessments or other site visits, the City agrees to waive any right of warranty or liability from Vendor on data catalogued in Vendor's software platform by the City or any of its contractors. 2.9.2 Vendor shall insure that all manufacturers’ warranties are transferred to the City and shall provide a copy of the warranty. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the City’s payment, acceptance, inspection or failure to inspect the supplies. 2.9.3 Vendor warrants that all services will be performed to meet the requirements of the Agreement in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall reassign immediately any individual who is not performing in accordance with the Agreement, who is disruptive or not respectful of others in the workplace, or who in any way violates the Agreement or City policies. 2.10 REPORTING, STATUS AND MONITORING SPECIFICATIONS: 2.10.1 Vendor shall immediately notify the City of any event that may have a material impact on Vendor’s ability to perform the Agre ement. 3. PRICING 3.1 METHOD AND RATE OF COMPENSATION: The City will compensate Vendor for the initial term as follows: ☐ Hourly ☐ Monthly ☐ Annually ☐ Project ☐ Item (show unit of measure and rate) $4.30 per tree 3.2 TYPE OF PRICING: Pricing under this Agreement is ☐ Firm ☐ Estimated 3.3 RENEWAL COMPENSATION: City will have option to renew access to greehill's proprietary "greehill Trees" software platform to maintain access to point cloud and other data after 2 years for USD $0.12 per tree per year. If the City desires an additional scan an d re-inventory of its trees, such services shall be quoted upon request outside the scope of this contract. 3.4 EXPENSES: Any expenses that Vendor may charge are shown in this section. The City will not compensate Vendor for expenses related to travel, lodging or meal. 3.5 TAX: Vendor shall not bill for any taxes unless accompanied by proof the City is subject to the tax. If necessary, Vendor may req uest the applicable City’s Illinois tax exemption number and federal tax exemption information. 3.6 INVOICING: Vendor shall invoice at the completion of the Agreement unless invoicing is tied in this Agreement to milestones, deliverables, or other invoicing requirements agreed to in this Agreement. Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 4 This SOW is issued as a fixed-type contract, under which Contracted Client shall pay greehill a total fee of USD $115,562.50 for the performance of the Services, in accordance with the following payment details. This fee remains payable in full, regardless of whether the number of trees identified within the designated AOI is less than 26,875. Payment terms are 50% ($57,781.25), invoiced upon start of scanning, and 50% ($57,781.25) upon final delivery of data (advanced metrics uploaded to greehill Trees web-based software platform). Send invoices to . 3.7 PAYMENT TERMS AND CONDITIONS: 3.7.1 By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of the Agreement, and the amount billed and expenses incurred are as allowed in the Agreement. Invoices for supplies purchased, services performed and expenses incurred through December 31 of any year must be submitted to the City no later than January 31 of the next subsequent year. 3.7.2 Payments, including late payment charges, will be paid in accordance with all applicable laws and rules of the City of Evanston and the State of Illinois. Remedies provided for therein shall be Vendor’s sole remedy for late payments by the City. Payment terms contained on Vendor’s invoices shall have no force and effect. 3.7.3 The City will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this Agreement by the Parties even if the effective date of the Agreement is prior to execution. 3.7.4 As a condition of receiving payment Vendor must (i) be in compliance with the Agreement, (ii) pay its employees prevailing wa ges when required by law (Examples of prevailing wage categories include public works, printing, janitorial, window washing, build ing and grounds services, site technician services, natural resource services, security guard and food services). Vendor is responsible for contacting the I llinois Dept. of Labor 217- 782-6206; http://www.state.il.us/Department/idol/index.htm to ensure compliance with prevailing wage requirements), (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the City upon request. 4. STANDARD BUSINESS TERMS AND CONDITIONS 4.1 AVAILABILITY OF APPROPRIATION: This Agreement is contingent upon and subject to the availability of funds. The City, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if a reduction in funding is necessary or advisable based upon actual or projected budgetary considerations. Vendor will be notified in writing of the failure of appropriation or of a reduction or decrease. 4.2 AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of the Agreement or subcontract and necessary to support amounts charged to the City under the Agreement or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by Vendor for a period of three years from the later of the date of final payment under the Agreement or completion of the Agreement, and by the subcontractor for a period of three years from the later of final payment under the term or completion of the subcontract. If federal funds are used to pay contract costs, Vendor and its subcontract ors must retain its records for five years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the City upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presump tion in favor of the City for the recovery of any funds paid by the City under the Agreement for which adequate books and records are not available to support the purported disbursement. Vendor or subcontractors shall not impose a charge upon the City for audit or examination of Vendor’s books and records. 4.3 TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this Agreement. Vendor shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. 4.4 NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future. 4.5 FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence including acts of nature, acts of terrorism, riots, labor disputes, fire , flood, explosion, and governmental prohibition. The non-declaring Party may cancel the Agreement without penalty if performance does not resume within 30 days of the declaration. 4.6 CONFIDENTIAL INFORMATION/FOIA: Each Party, including its agents and subcontractors, to this Agreement may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Agreement. Vendor shall presume all information received from the City or to which it gains access pursuant to this Agreement is confidential. Vendor information, unless Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 5 clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/7 et. seq., shall be considered public. No confidential data collected, maintained, or used in the course of performance of the A greement shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of the Agreement or there after. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of the Agreement, in whatever form it is maintained, promptly at the end of the Agreement, or earlier at the request of the disclosing Party, or notify the disclosing Party in wr iting of its destruction. Upon notification by the City that it has received a Freedom of Information Act request that calls for records within the Vendor’s control, the Vendor shall promptly provide all requested records to the City so that the City may comply with the request within the limited statutory timeframes required by FOIA. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosin g certain records which Vendor may designate as proprietary or confidential. Compliance by the C ity with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. 4.7 USE AND OWNERSHIP: The City shall be supplied access to Vendor's proprietary software platform for presentation and visualization of 3-dimensional point cloud data via a subscription model included in the price of the City's tree inventory. Vendor shall mainta in ownership of its proprietary web-based software platform and any associated intellectual property. Due to the proprietary and advanced nature of any 3 -dimensional digital twin provided by Vendor, such data shall remain within the Vendor's proprietary web-based software platform and is unable to be extracted or transferred to any other platform. Access to this platform is granted for 2 years from date of delivery, which can be extende d on an annual basis for a nominal fee. Any data produced and provided as a result of Vendor's tree inventory such as tree measurements, metrics, species identificat ions, or other data is the sole property of the City and may be exported and used in any other software platform or presentation at City's discretion. 4.8 INDEMNIFICATION AND LIABILITY: Vendor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from o r arising out of any negligent or willful act or omission on the part of Vendor or Vendor’s subcontractors, employees, agents or su bcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, a ctions or suits brought against them. Vendor shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing here in shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not li mited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Vendor must defend all suits brought upon all such Losses and must pay all costs an d expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any su it, without relieving Vendor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Vendor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Vendor waives any limits to the amount of its obligations to indemnify, defend, or contribu te to any sums due under any Losses, including any claim by any employee of Vendor that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the I llinois Pension Code or any other statute. Vendor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subcontractors’ work. Acceptance of the work by the City will not relieve Vendor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section 4.8 shall survive completion, expiration, or termination of this Agreeme nt. The City shall defend, indemnify and hold harmless the Vendor and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the City or the Coty’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completio n, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the Vendor, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought aga inst them. The City shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the Vendor and employees and agents. At the Vendor’s Counsel’s option, the City must defend all suits brought upon all such Losses and must pay all costs and expe nses incidental to them, but the Vendor has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving the City of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by the City must be made only w ith the prior written consent of the Vendor’s Counsel, if the settlement requires any action on the part of the Vendor. The City acknowledges and agrees that the Deliverables are remote -sensing data products and automated or semi-automated metrics provided solely for informational, planning, and analytical purposes. The Deliverables do not constitute: (a) an arborist ass essment; (b) a tree health diagnosis; (c) a structural risk evaluation; (d) a hazard determination; or (e) a recommendation for inspection, maintenance, mitigation, or removal. Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 6 Vendor’s services are performed solely for the benefit of the City and create no duty of care, contractual or otherwise, to a ny third party, including residents, adjacent property owners, or the general public. • The City has sole responsibility for monitoring, inspecting, pruning, maintaining, or removing trees. • The City has sole responsibility for evaluating tree risk or hazard. • The City retains all decision-making responsibility. The City shall Defend, indemnify, and hold harmless the Vendor against any claims arising out of or related to tree condition , failure, maintenance, inspection, or public safety—including if Vendor is named in the lawsuit. 4.9 INSURANCE: Vendor shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the servi ces and work hereunder by Vendor, its agents, representatives, employees or subcontractors. Vendor acknowledges and agrees that if it fails to comply with all requirements of this Section 4.9, the City may void this Agreement. Vendor must give to the City Certificates of Insurance identifying th e City to be an additional insured for the services required pursuant to the Agreement be fore City staff recommends award of the contract to City Council. Any limitiations or modifications on the Certificate of Insurance issued to the City in compliance with this Section that conflict with the provi sions of this Section 4.9 shall have no force and effect. If requested, Vendor shall give the City a certified copy(ies) of the insurance policy(ies) evidencing the amounts set forth in this Section. The policies must be delivered to the City within two (2) weeks of the request. All insurance policies shall be wr itten with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the City. Vendor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Vendor shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Vendor, and insuring Vendor against claims which may arise out of or result from vendor’s performance or failure to perform hereunder: a) Worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least five hundred thousand dollars ($500,000); b) Comprehensive general liability coverage which designates the City as an additional insured for not less than one million dol lars ($1,000,000) combined single limit for bodily injury, death and property damage, per occurrence; c) Comprehensive automobile liability insurance covering owned, non-owned, and leased vehicles for not less than one million dollars ($1,000,000) combined single limit for bodily injury, death, or property damage, per occurrence; and d) Errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amou nt of at least one million dollars ($1,000,000). Vendor’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be cancel ed or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to the City. Vendor shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. Vendor understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases Vendor and its subcontractors from the requirements set forth herein. Vendor expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial g eneral liability insurance policy as respects the City. In the event Vendor fails to purchase or procure insurance as required abov e, the parties expressly agree that Vendor shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Vendor. 4.10 INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the City. All payments by the City shall be made on that basis. 4.11 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the City during the term of this Agreement to perform any work under this Agreement. Vendor shall give notice immediately to the City if Vendor solicits or intends to sol icit City employees to perform any work under this Agreement. 4.12 COMPLIANCE WITH THE LAW: Vendor, its employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal circulars and all license and permit requirements in the performa nce of this Agreement. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obt ain at its own expense, all licenses and permissions necessary for the performance of this Agreement. Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 7 4.13 BACKGROUND CHECK: Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its expense, criminal and driver history background checks of Vendor’s and subcontractors officers, employees or agents. Vendor or subcon tractor shall reassign immediately any such individual who, in the opinion of the City, does not pass the background check. 4.14 APPLICABLE LAW/VENUE: This Agreement shall be construed in accordance with and is subject to the laws and rules of the City of Evanston and the State of Illinois. The Department of Human Rights’ Equal Opportunity requirements (44 Ill. Adm. Code 750) a re incorporated by reference. The City shall not enter into binding arbitration to resolve any dispute related to this Agreement. The City does not waive tort immunity by entering into this Agreement. In compliance with the Illinois and federal Constitutions, the Illinois Huma n Rights Act, the U. S. Civil Rights Act, and Section 504 of the federal Rehabilitation Act and other applicable laws and rules, the City does not unlawfully discriminate in employment, contracts, or any other activity. Venue for any action out of or due to this Agreement shall be in Cook County, Illinois. 4.15 ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under antitrust laws relating to the subject matter of the Agreement, then upon request of the City’s Corporation Counsel, Vendor shall assign to the City rights, title a nd interest in and to the claim or cause of action. 4.16 CONTRACTUAL AUTHORITY: The Department that signs for the City shall be the only City entity responsible for performance and payment under the Agreement. When the City’s authorized designee signs in addition to an Department, they do so as approving officer and shall have no liability to Vendor. 4.17 NOTICES: Notices and other communications provided for herein shall be given in writing by registered or certified mail, return receip t requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), by e -mail, or by fax showing the date and time of successful receipt. Notices shall be sent to the individuals who signed the Agreement using the contact informat ion following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change the contact information. 4.18 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this Agreement officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the City’s and Vendor’s terms, conditions and attachments, the City’s terms, conditions and attachments shall prevail. 4.19 PERFORMANCE RECORD / SUSPENSION: Upon request of the City, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of the Agreement. The City may consider Vendor’s performance under thi s Agreement and compliance with law and rule to determine whether to continue the Agreement, suspend Vendor from doing future business with the City for a specified period of time, or to determine whether Vendor can be considered responsible on specific future contract opportunities. 4.20 FREEDOM OF INFORMATION ACT: This Agreement and all related public records maintained by, provided to or required to be provided to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement. 4.21 SUCCESSORS AND ASSIGNS: The City and Vendor each bind themselves and their partners, successors, executors, administrators, and assigns to the other party of the Agreement and to the partners, successors, executors, administrators, and assigns of such o ther party in respect to all covenants of this Agreement. Neither the City nor Vendor shall assign, sublet, or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the City and Vendor. 4.22 NON-WAIVER OF RIGHTS: No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor a ny payment under this Agreement shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. 4.23 SEVERABILITY: Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, of this Agreement shall not affect the other provisions, and this Agreement shall continue in all respects as if such invalid or unen forceable provision had not been contained herein. 4.24 COUNTERPARTS: For convenience, this Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. 4.25 SAVINGS CLAUSE: If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of t his Agreement shall remain in full force and effect. Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 8 4.26 DIGITAL ACCESSIBILITY FOR VENDORS: Vendor will use commercially reasonable efforts, consistent with the current capabilities of the Services and to Vendor’s knowledge, to ensure that any vendor-provided web content, mobile applications, and electronic documents materially conform to WCAG 2.1 AA accessibility standards and applicable ADA requirements. In the event Customer identifies a material accessibility issue, Vendor shall be provided with written notice and a reasonable opportunity to investigate and remediate such issue. Vendor shall not be responsible for accessibility issues arising from third-party software, integrations, customer modifications, customer-provided content, or circumstances outside Vendor’s reasonable control. 5. STANDARD CERTIFICATIONS Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the Agreement and any renewals is a material requirement and condition of this Agreement. By executing this Agreement, Vendor certifies compliance with th is section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. This section, and each subsection, applies to subcontractors used on this Agreement. Vendor shall include these Standard Cer tifications in any subcontract used in the performance of the Agreement. If this Agreement extends over multiple fiscal years including the initial term and all renewals, Vendor and its subcontracto rs shall confirm compliance with this section in the manner and format determined by the City by the date specified by the City and in no event later than January 1 of each year that this Agreement remains in effect. If the Parties determine that any certification in this section is not applicable to this Agreement, it may be stricken witho ut affecting the remaining subsections. 5.1 As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors provide false informat ion, or fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply: ● the Agreement may be void by operation of law, ● the City may void the Agreement, and ● Vendor and it subcontractors may be subject to one or more of the following: suspension, debarment, denial of payment, civil fine, or criminal penalty. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imp osition of other sanctions or preclude application of sanctions not specifically identified. 5.2 Vendor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in performance under this Agreement. 5.3 Vendor certifies it is a properly formed and existing legal entity (30 ILCS 500/1.15.80, 20-43); and as applicable has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good st anding with the Illinois Secretary of State. 5.4 If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the S arbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Vendor certifies at least five years have passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the City shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). 5.5 Vendor certifies that it and its affiliates are not delinquent in the payment of any fees, fines, damages, or debts to the Ci ty. 5.6 In accordance with the Steel Products Procurement Act, Vendor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the United States, unless the head of the procuring Department g rants an exception (30 ILCS 565). 5.7 Vendor certifies it has not been convicted of bid rigging or bid rotating or any similar offense, nor has Vendor made an admi ssion of guilt of such conduct that is a matter of record (720 ILCS 5/33 E-3, E-4). 5.8 Vendor certifies it complies with the Section 1-12-5 of the City of Evanston Code and the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105). Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 9 5.9 Vendor certifies that it shall employ only persons duly licensed by the State of Illinois to perform professional services under this Agreement for which applicable Illinois law requires a license, subject to prior approval of the City. 5.10 Due to the varying nature of costs incurred by Vendor region-to-region, Vendor accounts for variance in costs in proprietary pricing models. City agrees that regional variations in Vendor's pricing model are reflective of varying costs, and City waives any such claim accordingly. 6.0 DISCLOSURES AND CONFLICTS OF INTEREST Section 1: Conflict of Interest Prohibited Vendor shall not have any public or private interest and shall not acquire directly or indirectly any such interest which con flicts in any manner with its performance under this Agreement. Section 2: Debarment/Legal Proceeding Disclosure (All Vendors must complete this section). Vendor must identify any of the following that occurred for it or any if its officers or directors within the previous 10 yea rs: Debarment from contracting with any governmental entity Yes ☐ No ☐ Professional licensure discipline Yes ☐ No ☐ Bankruptcies Yes ☐ No ☐ Adverse civil judgments and administrative findings Yes ☐ No ☐ Criminal felony convictions Yes ☐ No ☐ If any of the above is checked yes, please identify with descriptive information the nature of the debarment and legal procee ding. The City reserves the right to request more information, should the information need further clarification. 7. SUPPLEMENTAL PROVISIONS 7.1 City Supplemental Provisions ☐ Definitions ☐ Required Federal Clauses, Certifications and Assurances ☐ ARRA Requirements (American Recovery and Reinvestment Act of 2009) ☐ Prevailing Wage (820 ILCS 130/1 et seq.) ☐ M/W/D/EBE Subcontracting Requirements ☐ Other (describe) 7.2 Vendor Supplemental Provisions ☐ X X X X X Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Revised March 25, 2024 Page 10 TAXPAYER IDENTIFICATION NUMBER I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or divide nds, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). ● If you are an individual, enter your name and SSN as it appears on your Social Security Card. ● If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN. ● If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the d/b/a on the business name line and enter the owner’s SSN or EIN. ● If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach IRS acceptance letter (CP261 or CP277). ● For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN. Name: Business Name: Taxpayer Identification Number: Social Security Number or Employer Identification Number Legal Status (check one): ☐ Individual ☐ Governmental ☐ Sole Proprietor ☐ Nonresident alien ☐ Partnership ☐ ECity or trust ☐ Legal Services Corporation ☐ Pharmacy (Non-Corp.) ☐ Tax-exempt ☐ Pharmacy/Funeral Home/Cemetery (Corp.) ☐ Corporation providing or billing ☐ Limited Liability Company (select applicable tax classification) medical and/or health care services ☐ D = disregarded entity ☐ C = corporation ☐ Corporation NOT providing or billing ☐ P = partnership medical and/or health care services Signature: Date: greehill North America,Inc. 87-4651294 X June 18,2026 Signature ref:7d268e3c-dd03-4708-9208-5c9c997f8041 Doc ID: bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c Greehill 2026 Tree Inventory Service Agreement LiDAR_Parti..._1___2_.pdf and 1 other bb5378fdf40e1b33f7f9e1a8853fdd67c2b30f7c MM / DD / YYYY Signed 07 / 13 / 2026 10:03:29 UTC-5 Sent for signature to Alexandra Ruggie (aruggie@cityofevanston.org) and Luke Stowe (lstowe@cityofevanston.org) from lthomas@cityofevanston.org IP: 50.171.242.186 07 / 13 / 2026 11:40:48 UTC-5 Viewed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 50.171.242.186 07 / 13 / 2026 11:40:54 UTC-5 Signed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 50.171.242.186 07 / 15 / 2026 06:42:21 UTC-5 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 76.136.85.191 07 / 15 / 2026 06:43:03 UTC-5 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 76.136.85.191 The document has been completed.07 / 15 / 2026 06:43:03 UTC-5