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HomeMy WebLinkAboutRFP - 9163 CONSERVATION AGRICULTURAL PARTNERSHIPRFP 9163 Conservation Agricultural Partnership Page 1 of 21 REQUEST FOR PROPOSAL 9163 CONSERVATION AGRICULTURAL PARTNERSHIP The City of Fort Collins Natural Areas Department (NAD) seeks to establish a lease with an agricultural partner for a property at the intersection of West Vine Street and Taft Hill Road. Through this partnership, the NAD seeks to extend its conservation mission, protect the agricultural value of this land, and meet community goals related to local food production through a conservation agriculture operation. As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins by 3:00 PM MST (RMPES clock) on September 8, 2020. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. A pre-proposal site visit will be held at 9:00 AM MST, on August 20, 2020, at 2560 West Vine Street, Fort Collins. All questions should be submitted, in writing via email, to Beth Diven, Buyer at bdiven@fcgov.com, with a copy to Project Manager, Julia Feder at jfeder@fcgov.com, no later than 5:00 PM MST (our clock) on August 24, 2020. Please format your e-mail to include: RFP 9163 Conservation Agricultural Partnership 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 by 5:00 PM MST on August 26, 2020. 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 Fam Management Services (including Dairy, Pasture and Range Management) 961-03 Agricultural Services (Including Production, Cotton Ginning, Planting, Harvesting, Marketing, Seed Extraction, Processing, etc.) Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an 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 9163 Conservation Agricultural Partnership Page 2 of 21 employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 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. Farmers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Farmer 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 9163 Conservation Agricultural Partnership Page 3 of 21 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Overview The City of Fort Collins Natural Areas Department (NAD) seeks to establish a lease with an agricultural partner for the property located at 2560 West Vine Street, Fort Collins, at the intersection of West Vine Street and Taft Hill Road. Through this partnership, the NAD seeks to extend its conservation mission, protect the agricultural value of this land, and meet community goals related to local food production through a conservation agriculture operation. NAD staff intend to establish a conservation agriculture farming partnership on 85% of the West Vine Property (~30 acres). The remaining 15% (approximately 5 acres) will be conserved and enhanced through planting of native, pollinator-friendly grasses, shrubs, and forbs, with a focus on wildlife and trail connectivity to an adjoining 38 acre natural area property to the north and west purchased by the Department in June 2020. Lease will include use of 2.5 shares of Pleasant Valley Lake & Canal water to be used for agricultural irrigation purposes. On the adjoining property to the north is a house, farmyard area and equipment shed that are available for lease for uses specifically tied to the farming of the 30 acres. II. SCOPE OF PROPOSAL A. Scope of Work Proposals will be evaluated on detailed plans for the following agricultural activities: 1. Shift from current monoculture to diversified plantings 2. Application of irrigation techniques that demonstrate innovative approaches to water conservation 3. Employment of practices to rebuild soil body for improve nutrient composition 4. Integration of native plantings throughout farmed area to benefit wildlife including pollinators, birds, and small mammals; this may include interest in partnering with the Department on Department-led, small-scale restoration projects on portions of total acreage for a site. 5. Experience addressing: 1) the social challenges related to increasing access to fresh, locally grown foods to traditionally underrepresented audiences, and 2) the economic challenges faced by young and emerging farmers. Proposals must include explanations for how this agricultural project will support the mission of the Natural Areas Department, “To conserve and enhance lands with natural resource, agricultural and scenic values, while providing meaningful education and appropriate recreation opportunities.” Additionally, proposals will be evaluated on partners ability to help make meaningful progress toward some, or all, of the following City strategic goals, as outlined in the 2019 City Plan: • ENV 1.1: PUBLICLY CONTROLLED OPEN LANDS Maintain a system of publicly controlled natural areas to maintain the integrity of wildlife habitat and conservation sites, protect corridors between natural areas, conserve outstanding examples of Fort Collins’ diverse natural heritage, and provide a RFP 9163 Conservation Agricultural Partnership Page 4 of 21 broad range of opportunities for educational, interpretive and recreational programs to meet community needs. • ENV 1.3 - NATURE IN THE CITY Conserve, protect and enhance natural resources and high-value biological resources throughout the GMA by…identifying opportunities to integrate or reintroduce natural systems as part of the built environment to improve habitat in urbanized areas and expand residents’ access to nature • SC 4.3 - COMMUNITY GARDENS AND MARKETS: Support cooperative efforts to establish community gardens; support and maintain new and existing local producers; and encourage retail opportunities, markets, and Community Supported Agriculture (CSA) shares. • SC 4.4 - REGIONAL FOOD SYSTEM: Work collaboratively with regional partners and producers to identify leadership and advisory opportunities for the regional food system. Consider developing coordination and advisory roles to help facilitate dialogue on regional food system issues. • SC 4.5 - COMMUNITY HORTICULTURE: Encourage and support the establishment of community gardens and other horticultural projects throughout the city to provide food, beautification, education, and other social benefits. Support the development of community-led horticulture projects and agricultural activities on appropriate City-owned lands (e.g., HOA-run garden plots in neighborhood parks, ongoing leasing for agricultural purposes, and farmers’ markets in public plazas and parking lots) and in both new and existing neighborhoods. • SC 4.6 - SUSTAINABLE AGRICULTURAL PRACTICES: Promote sustainable soil- and pest-management practices such as Integrated Pest Management, Natural Resources Conservation Service (NRCS) soil health principles and organic farming practices. B. Key Areas of Responsibility Natural Areas Department Responsibilities: • Provide draft lease agreement. • 2.5 shares (Approximatly 99.35-acre feet) of Pleasant Valley Lake & Canal (PVLC) water, which is accessed through an unnamed shared ditch lateral along Vine entering the site at the southwest corner. Timing of water shares shifts on an annual basis, depending on a variety of environmental factors (i.e. snowpack, drought conditions, precipitation). Generally, water shares become available beginning with early water in May and may last into late summer (August), depending on rate at which shares are used. • Major maintenance of farm house and/or equipment building if leased; for example roof, furnace, hotwater heater, and septic. Farmer Responsibilities: • Lease payments to the City for approximately 30 acres of farmland and if desired: farm house; and/or farmyard; and/or equipment building. Should farmer elect to lease any of these additional amenities, please include details in the proposal. RFP 9163 Conservation Agricultural Partnership Page 5 of 21 • Pay all utility bills associated with the farming operations and buildings if leased (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 farmhouse; and/or farm yard; and/or equipment building if leased. • 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. • Beneficial use of PVLC as described by Colorado Water Law and PVLC Decree. Work with City staff if less than the approximately 99.35-acre feet (2.5 share) is needed. • Rent additional water if needed. • Collaborate with the PVLC Ditch Rider for water delivery. • Collaborate with other water users on the shard ditch. • Maintain irrigation infrastructure. • Maintain gates and fences to current condition. Additional fencing if needed as approved by the City. • Any other responsibilities and needs that Farmer is aware of that would impact operations at the property. 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: August 12, 2020 • Pre-Proposal Site Visit: 9:00 AM MST on August 20, 2020 • Question deadline: 5:00 PM MST on August 24, 2020 • Q&A Addendum Posted to RMPES 5:00 PM MST on August 28, 2020 • Proposal due date: 3:00 MST (our clock) on September 4, 2020 • Interviews (tentative): Week of September 14, 2020 • Award of Contract (tentative): Early October 2020 • Contract Start Date (tentative): October 12, 2020 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. RFP 9163 Conservation Agricultural Partnership Page 6 of 21 E. Subcontractors Farmers will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Farmer; therefore subcontractors will be the responsibility of the Farmer. F. Proposal Format Please limit the total length of your proposal to a maximum of fifteen (15) double sided or thirty (30) 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. 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 The Cover Letter 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). Complete Section V – Farmer Statement. C. Scope of Proposal 1. Provide a detailed narrative describing the farming operation you are proposing if awarded the lease per the Scope of Work stated above. The narrative should include any options that may be beneficial for the City to consider. Please include the following farming information in the proposal: a. Practices that conserve and improve soil and natural resources. RFP 9163 Conservation Agricultural Partnership Page 7 of 21 b. Lease rates. Proposed annual lease rates to be paid to the City for approximately 30 acres and if desired; farmhouse; and/or farmyard; and/or equipment building. Include proposed yearly adjustments. (e.g.; Denver- Aurora-Lakewood Consumer Price Index) c. If the farmer desires to lease the farmhouse, and/or the farmyard, and/or the equipment building, please describe how they will be used specifically to support the farming operation. These facilities may not be subleased by the farmer. d. Water management / irrigation 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 and site improvements. (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. If you propose that the City should pay for any improvements, please justify why the City should be responsible for initial expense and how the City will be reimbursed. 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. Describe your plans to market your products (e.g.; roadside stand, farmers markets, food bank, CSA, direct to restaurants and stores, etc.) 4. Provide any ideas you have for involving the community and educating the public regarding local food production. 5. Describe how the farm would be managed and who would have primary responsibility. 6. Describe how you would communicate with the NAD project manager to keep them informed and to address any issues. 7. Describe the timeline for the development of the farming operation proposed. 8. 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. Experience addressing: 1) the social challenges related to increasing access to fresh, locally grown foods to traditionally underrepresented audiences, and 2) the economic challenges faced by young and emerging farmers. RFP 9163 Conservation Agricultural Partnership Page 8 of 21 3. 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 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 conservation agriculture goals? 2 Local Farmer Is the Farmer local (Northern Colorado), 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? RFP 9163 Conservation Agricultural Partnership Page 9 of 21 1 Soil Conservation & Water Management Does the proposal adequately address soil conservation and water management? 1 Social and Economic Goals Does the proposal provide good opportunities for community involvement and education? Does it address community goals related to social and economic benefits of a strong local food system as defined in City Plan? 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 9163 Conservation Agricultural Partnership Page 10 of 21 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 of the terms, conditions and other provisions set forth in the RFP. Additionally, 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 contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Farmer acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: FARMER STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 9163 Conservation Agricultural Partnership Page 11 of 21 VI. LOCATION MAP 30 acre conservation agriculture fields Farmhouse and equipment shed Official Purchasing Document Last updated 10/2017 RFP 9163 Conservation Agricultural Partnership Page 12 of 21 VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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 City may terminate this Agreement at any time without cause by providing written notice of Official Purchasing Document Last updated 10/2017 RFP 9163 Conservation Agricultural Partnership Page 13 of 21 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 Service Provider shall pay the City 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 agreement for personal services. Accordingly, the Service Provider shall neither assign any Official Purchasing Document Last updated 10/2017 RFP 9163 Conservation Agricultural Partnership Page 14 of 21 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. 17. Indemnity/Insurance. Official Purchasing Document Last updated 10/2017 RFP 9163 Conservation Agricultural Partnership Page 15 of 21 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 Agreement. Official Purchasing Document Last updated 10/2017 RFP 9163 Conservation Agricultural Partnership Page 16 of 21 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 9163 Conservation Agricultural Partnership Page 17 of 21 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 9163 Conservation Agricultural Partnership Page 18 of 21 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9163 Conservation Agricultural Partnership Page 19 of 21 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9163 Conservation Agricultural Partnership Page 20 of 21 EXHIBIT 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 9163 Conservation Agricultural Partnership Page 21 of 21 EXHIBIT 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.