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HomeMy WebLinkAboutRFP - 8961 FARMING LEASE ON NATURAL AREASRFP 8961 Farming Lease on Natural Areas Page 1 of 23 REQUEST FOR PROPOSAL 8961 FARMING LEASE ON NATURAL AREAS The City of Fort Collins is requesting proposals from qualified Farmers who would like to lease land for food production, on specific Natural Area(s) located within and near the City boundaries as specified in this solicitation. Preference will be given to Local Farmers, Local Small Businesses, and Local Nonprofits (please see weighted factors on page 7). Local is defined as Northern Colorado. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on August 30, 2019 and referenced as Proposal No. 8961. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A mandatory pre-proposal meeting and site visit will be held from 1:00 PM to 4:00 PM MST, on July 18, 2019, at Flores del Sol Natural Area, located on West side of S. Timberline Rd between CR 30 and Carpenter Rd. Proposals will not be accepted by Farmers that do not attend the mandatory pre-proposal meeting and site visit unless the City approves an accommodation prior to the pre-proposal meeting. If for any reason Farmers are unable to attend, written notice must be submitted not later than 5:00 pm July 17, 2019 to purchasing@fcgov.com. If sufficient justification is provided, at the City’s sole discretion the City will consider making a reasonable accommodation. All questions should be submitted, in writing via email, to Beth Diven, Buyer at bdiven@fcgov.com, with a copy to Project Manager, Dave Myers at dmyers@fcgov.com, no later than 5:00 PM MST (our clock) on July 24, 2019. Please format your e-mail to include: RFP 8961 Farming Lease on Natural Areas in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 944-38 Crop Farming (Not Otherwise Classified) 944-54 Miscellaneous Farming Services 958-38 Farm Management Services Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8961 Farming Lease on Natural Areas Page 2 of 23 961-03 Agricultural Services (including Production, Cotton Ginning, Planting, Harvesting, Marketing, Seed Extraction, etc.) Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9. and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Farmer shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8961 Farming Lease on Natural Areas Page 3 of 23 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Farmers to lease land for local food production, on specified Natural Area(s) located within and near the City boundaries as specified in this solicitation. B. Background The Natural Areas Department (NAD) has approximately 250 acres available for local food production on two natural areas, Flores del Sol and Soaring Vista. Both are located within the Fort Collins – Loveland Community Separator. NAD is seeking Farmers to farm portions of the two natural areas. (See the attached maps showing the areas available for lease.) The natural areas will not be exclusive to the Farmers’ awarded leases. NAD may restore portions of the land to native vegetation to provide wildlife habitat and provide trails for public use of the site. NAD will work with the selected Farmers to minimize disturbance of farming operations by public use. Flores del Sol (north) – a 75-acre parcel with four (4) shares of water from the Louden Irrigating Canal and Reservoir Company. It is currently in alfalfa and is being hayed annually. Flores del Sol (south) – a 75-acre parcel with three (3) shares of water from the Louden Irrigating Canal and Reservoir Company and three (3) shares of water from the Louden Extension Canal and Reservoir Company. It is currently in alfalfa and is being hayed annually. The selected Farmer(s) for Flores del Sol has the option of using the pole shed and water tap at the (Cole) property on CR 30. (see Cole Property map) Soaring Vista – a 113-acre parcel with four (4) shares of water from the Louden Irrigating Canal and Reservoir Company, four (4) shares of water from the Louden Extension Canal and Reservoir Company, and (50) units of CBT water that are currently being leased from the City of Loveland when the shares are available for lease. The lease of the CBT shares is not certain in the future. The site also has a 2,400 SF pole barn with a ¾” water tap and electrical power available to the site. Most recently, it was farmed as dry land wheat and other small cereal grains. NAD has planted a ground cover grass mix to stabilize the soils on the site. NAD envisions both properties being used to advance the City’s local food production and City Plan goals. A variety of scenarios have been suggested from a farm incubator to community supported agriculture. The feasibility of any option will largely depend on the Farmer. II. SCOPE OF PROPOSAL A. Key Areas of Responsibility Natural Areas Department Responsibilities: • Provide lease agreement. RFP 8961 Farming Lease on Natural Areas Page 4 of 23 • Provide ditch water as described above. • Provide water tap at Soaring Vista. • Provide 2,000 sf. steel building at Soaring Vista Farmer’s Responsibilities: • Lease payments to the City. • Pay all utility bills associated with the farming operations (e.g.; gas, electric, tap water, sewer, etc.) • Provide and maintain all infrastructure associated with the farming operations (e.g.; irrigation, sheds, pumps, hoop houses, tools & equipment, etc.) • Maintain all leased property in a clean and orderly manner. • Dispose of all trash in a timely and appropriate manner to avoid blowing trash issues on adjoining properties and natural areas. All other responsibilities and needs must be addressed in the proposal. B. Minimum Qualifications Background in urban agriculture and/or previous success in local food production. C. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: June 26, 2019 • Pre-Proposal Meeting: July 18, 2019 1:00 Pm – 4:00 PM MST • Question deadline: July 24, 2019 5:00 PM MST • Proposal due date: August 30, 2019 3:00 PM MST • Interviews (tentative): Week of September 9, 2019 • Award of Contract (tentative): October 1, 2019 D. Interviews In addition to submitting a written proposal, the top-rated Farmers may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. E. Subcontractors Farmers will be responsible for identifying any proposed subleases or partners in their proposal. Please note that the City will lease solely with the awarded Farmer; therefore, subleases if allowed will be the responsibility of the Farmer to administrate and manage. F. Proposal Format RFP 8961 Farming Lease on Natural Areas Page 5 of 23 Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Farmer? Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. G. Fees, Licenses, Permits The successful Farmer shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. H. Laws and Regulations The Farmer? agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. III. PROPOSAL SUBMITTAL For this section, Farmers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Farmers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Farmers include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the proposed lease, including a general description and any unique aspects or benefits provided by your proposed farm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Farmer Information 1. Primary contact information for the farmer including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Provide a detailed narrative describing the farming operation you are proposing if awarded the lease per the Objective and Background information stated above. The narrative should include any options that may be beneficial for the City to consider. Clearly indicate which property you are proposing to lease and the number of acres (e.g.; Soaring Vista, Flores del Sol North, Flores del Sol South). You may submit for any and all properties listed in this RFP. Please include the following farming information in the proposal: RFP 8961 Farming Lease on Natural Areas Page 6 of 23 a. Practices that conserve and improve soil and natural resources. b. Lease fee. Proposed lease fee payed to the City. Include amount per acre and yearly adjustments. (e.g.; Denver-Aurora-Lakewood Consumer Price Index) c. Water management / irrigation plan. d. Does the farmer intend to pursue USDA Organic Certification? If so, describe the plan. e. Proposed agricultural products to be produced on site. (e.g.; fruit, vegetables, poultry, beef, goats, sheep, pigs, etc.) f. Draft sketch of potential farm layout. g. Description of all potential alterations and major earth work to the leased ground and how the land will be returned to the NAD upon the termination of lease. h. Description of all proposed structures. (e.g.; sheds, fencing, hoop houses, out building, Port-A-Pots, draft ponds, roadside market stand, etc.) Include a detailed description of structure type, square footage, estimated cost. Justification for who should be responsible for the purchase (City or Farmer). 2. List the equipment and machinery needs for your planned operation and how you will meet those needs (e.g.; own, lease, hire, etc.) 3. Define the number of acres you propose to lease, lease rate, length of lease desired, lease start date and justification. 4. Describe your plans to market your products (e.g.; roadside stand, farmers markets, food bank, CSA, direct to restaurants and stores, etc.) 5. Provide any ideas you have for involving the community and educating the public regarding local food production. 6. Describe how the farm would be managed and who would have primary responsibility. 7. Describe how you would communicate with the NAD project manager to keep them informed and to address any issues. 8. Describe the timeline for the development of the farming operation proposed. 9. Business and financial plan. D. Farmer Capability Provide relevant information regarding previous experience related to this proposal or similar experience, to include the following: 1. A list of your qualifications and experience and of the specific staff members. Describe your agricultural background and if you are currently involved in other agricultural enterprises, please describe the operations, length of time, and location. 2. Provide a minimum of three references that are familiar with your agricultural experience and your personal and professional character. Reference contact information should include: contact name, current telephone number and email address. Provide a description of your professional relationship to the reference. The Farmer authorizes City to verify any and all information contained in the Farmer’s RFP 8961 Farming Lease on Natural Areas Page 7 of 23 proposal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Additional Information Provide any information that distinguishes Farmer from its competition and any additional information applicable to this RFP that might be valuable in assessing Farmer’s proposal. Explain any concerns Farmer may have in maintaining objectivity in recommending the best solutions for the City. All potential conflicts of interest must be disclosed. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Farmers will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and interview session. The top-rated Farmers will be interviewed. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 3 Scope of Proposal Does the proposal address all elements of the RFP? Are there any exceptions? Does the proposal seem reasonable and viable? 3 Local Food Production Does the proposed farming operation align with the City’s and NAD local food production goals? Does the farmer intend to pursue USDA Organic Certification? 2 Local Farmer Is the Farmer local, a local small business, or local nonprofit? 2 Farmer’s Experience Does the farmer have the experience needed to be a successful farmer and farm manager? 3 Farmer’s Capability Does the business and financial plan seem reasonable? Is the proposed lease fee competitive? 1 Farmer’s Marketing Plan Does the proposed Marketing Plan seem reasonable and viable? 1 Soil Conservation & Water Management Does the proposal adequately address soil conservation and water management? 1 Community Involvement Does the proposal provide good opportunities for community involvement and education? RFP 8961 Farming Lease on Natural Areas Page 8 of 23 B. Reference Checks Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Capability Does the Farmer have the skills and experience required to be a successful farmer and farm manager? Communication Does the Farmer have effective communication skills? Is the Farmer able to address concerns or issues in an effective, responsive and timely manner? Is the Farmer able and willing to share knowledge with the community? Flexibility Is the Farmer able to adjust quickly and effectively to changes? Site Management Does the Farmer have the professional characteristics necessary to keep a farm operation organized and presentable? RFP 8961 Farming Lease on Natural Areas Page 9 of 23 V. FARMER STATEMENT Farmer hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all the terms, conditions and other provisions set forth in the RFP. Additionally, the Farmer hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Farmer’s knowledge and belief. b. Farmer commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Farmer further agrees that the method of award is acceptable. e. Farmer also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If lease is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated farmer. f. Farmer acknowledge receipt of addenda. Farmer Name: Physical Address: Remit to Address: Phone: Name of Authorized Farmer: Signature of Authorized Farmer: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: FARMER STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 8961 Farming Lease on Natural Areas Page 10 of 23 VI. LOCATION MAPS RFP 8961 Farming Lease on Natural Areas Page 11 of 23 RFP 8961 Farming Lease on Natural Areas Page 12 of 23 RFP 8961 Farming Lease on Natural Areas Page 13 of 23 Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 14 of 23 VII. SAMPLE SERVICES AGREEMENT SERVICES 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 , 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: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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 ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. 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. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 15 of 23 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 the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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. 7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page(s), and incorporated herein by this reference. 8. 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. 9. 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. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 11. 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 Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 16 of 23 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. 12. 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. 13. 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. 14. 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. 15. 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 remains uncorrected, the party 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. 16. 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. Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 17 of 23 17. 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 , 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 Purchasing Director, 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. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents 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. 19. 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. 20. 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 Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 18 of 23 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 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. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 19 of 23 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 20 of 23 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 21 of 23 EXHIBIT B (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 22 of 23 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Official Purchasing Document Last updated 10/2017 RFP 8961 Farming Lease on Natural Areas Page 23 of 23 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.