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HomeMy WebLinkAboutGROW FORTH - CONTRACT - RFP - 7216 COMMUNITY GARDEN AT THE FARMSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Grow Forth!, hereinafter referred to as "Service Provider'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages and incorporated herein by this reference. 2. Contract Period, This Agreement shall commence April 1, 2011, and shall continue in full force and effect until March 31, 2012, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to Service Agreement 7216 Community Garden at The Farm Page 1 of 10 0 • A Bamyard Buddy pass needs to be purchased at the start of the gardening season and will allow up to 8 people admission onto The Farm grounds. The intention of this pass is strictly for the garden area. • For the safety of animals and participants, if you open a gate, close it behind you! • Language needs to be suitable for a family setting. No profanity will be tolerated. • The Garden Group is not allowed in any of the animal pens and must refrain from feeding the animals anything, except designated oats sold in The Farm Store. • Dogs are not allowed on any Farm property. • Smoking is prohibited on all Farm property, inside and outside. We will meet after the fall cleanup to evaluate the process. Discussion will include whether or not to continue the partnership and any modifications to the guidelines for the following year. The Farm staff will do what is reasonable to keep farm animals out of the garden area; however, we cannot guarantee that this will not happen. We reserve the right to spray for noxious weeds prior to planting. 3) Main Objectives Year 1 (2011): A) Maintain and improve the Children's Community Demonstration Garden. B) Maintain a demonstration Garden for the "typical" Homeowner. C) Grow row crops of many common garden vegetables, such as tomatoes, peppers, beans, etc. D) Facilitate self -instruction via interpretive signs. E) Service Provider will keep what they need of their resulting crop for their purposes and sell their surplus in The Farm store, with the proceeds from the sales being split 50-50 between the group and the City. These sales will help both groups offset the cost of operating the garden. Any surplus crop beyond that needed by the Farm or the Service Provider will be donated to the Food Bank. Service Agreement 7216 Community Garden at The Farm Page 10 of 10 the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective whenmailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Grow Forth! .Attn: Purchasing Attn: Bridget Brownell, c/o Cynthia Reffler PO Box 580 Recreation Supervisor, The 124 Fishback Avenue Fort Collins, CO 80522 Farm Fort Collins, CO 80521 PO Box 580 Creffler(cDgmail.com Fort Collins, CO.80522 970 490-2962 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such. termination 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 6. , .City Representative. The City will designate, prior to commencement of the work, its . representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. . Personal Services. It is understood that.the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an Service Agreement 7216 Community Garden at The Farm Page 2 of.10 agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default; such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default Service Agreement 7216 Community Garden at The Farm Page 3 of 10 remains uncorrected, the parry declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be -liable-to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement.' This Agreement, along with all Exhibits and other documents Service Agreement 7216 Community Garden at The Farm Page 4 of 10 incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation; execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program"),or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing Service Agreement 7216 Community Garden at The Farm Page 5 of 10 work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting -with. an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease \ employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is. undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Service Agreement 7216 Community Garden at The Farm Page 6 of 10 Service Agreement 7216 Community Garden at The Farm Page 7 of 10 CITY OF FORT COLLINS, COLORADO a municipal corporation - n By: James B. 'Neill II, CPPO, FNIGP Directof.of Purchasing and Risk Management Date: L4 Zl I 1 Grow Forth! By� 6Z�— C'yNr<t�� ',eFFj--LoC— K PRINT AME 4sl/D.0 Ni CORPORATE PRESIDENT OR VICE PRESIDENT Date: ' 2-01 / (Corporate'Sea[) Service Agreement 7216 Community Garden at The Farm Page 8 of 10 EXHIBIT "A" SCOPE OF WORK COMMUNITY GARDEN AT THE FARM 1) The Farm will provide: • The land • Water - any watering restrictions mandated by the City of Fort Collins will be adhered to. We also reserve the right to limit water usage. • Hoses • Access for maintenance and watering to the garden space with Farm staff presence Sunday — Saturday between 8:15 a.m. and 4:45 p.m. • An area for composting your garden produced material • An orientation to your core group of volunteers before they begin the season. • Background checks for each volunteer. 2) Service Provider will provide and be responsible for the following guidelines and procedures: • A written plan of what the garden will include; this needs to be turned in and approved prior to planting. • The gardening group will maintain an area for public display and Farm use. One of the requirements of that area is that it include a bean pole tepee. • Provide a list of 6 — 8 core group members including their phone numbers and email. This list will be the contact list for The Farm staff and should designate lead individuals. We would like to keep the core group small as we pilot this project. • An end of the season report that will include the number of people and number of hours worked by each person each day. Farm staff will assist in creating a log book that will meet our needs. • Your own gardening tools, seeds and plants, etc. • Regular maintenance of the area. Expectations are that the gardening group will commit to maintaining the garden through the harvest season, and do end of season clean up. • If weeds are not eradicated in a timely manner, the agreement between the gardening group and The Farm will be nullified. • Children up to age 12 accompanying gardeners must be visible by the parent/guardian, and within 10 yards. • Any use of motorized equipment must be scheduled through Bridget Brownell so as to not conflict with pony use. • The Farm has many visitors. Many of them are children so tools cannot be left unattended even momentarily. Service Agreement 7216 Community Garden at The Farm Page 9 of 10