12-01 RE-01-26 RFB.pdf

SUBMITTAL DEADLINE: AVAILABLE ON CITY OF SAN ANGELO - BONFIRE

CITY OF SAN ANGELO • PURCHASING DIVISION • 72 WEST COLLEGE AVENUE • SAN ANGELO, TEXAS 76903

City of San Angelo

REQUEST FOR BIDS

RFB RE-01-26 • Real Estate City Farm Lease – 282.94 Acres and 3,323.30 Acres

CITY OF SAN ANGELO, TEXAS

PURCHASING DIVISION

72 West College Avenue, San Angelo, Texas 76903

325.657.4219 • sapurch@cosatx.us

RFB RE-01-26 City Farm Lease – 282.94 Acres and 3,323.30 Acres 1

TABLE OF CONENTS

INVITATION

General Confidentiality Document Availability Insurance and Indemnification Requirements Interpretations Required Response Deadline and Delivery Location Addenda Copies of Bid Tabulation Results Award of Contract Acceptance of Bid Content Equal Employment Opportunity Points of Contact

INSTRUCTIONS TO RESPONDENTS

Corrections, Additions, or Deletions Examinations of RFB Documents Bid Form Taxes Authorized Signature Modification or Withdrawal of Bids Restrictions on Communication Disqualification Reservations Acceptance Inspections Invoices and Payment Gratuities Termination Force Majeure Assignment – Delegation Waiver Modifications Interpretation – Parol Evidence Applicable Law Advertising Right to Assurance Equal Employment Opportunity Conflict of Interest Certificate of Interested Parties (Form 1295) Taxes and Permits Examination of Contract Documents Partial Award Legal Venue Funds – Price Claims for Overcharges

Instructions to Bidders Specifications Lease “As Is” Access to Property Commissions Execution of Lease Agreement

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Corrections, Additions, Or Deletions Rent

Terms And Conditions Lease Agreement Use of Leased Premises Utilities Maintenance Sublet and Assign Encumbrance Right to Enter Alterations, Additions, Improvements and Fixtures Waste, Nuisance or Illegal Uses Taxes Incidental Charges Invoices & Payments Late Payments Gratuities Warranty-Price No Warranty By City Against Infringements Right of Inspection Cancellation Assignment-Delegation Waiver Applicable Law Advertising Conflict of Interest Award Criteria

Special Conditions Livestock Death, Loss or Theft of Livestock Stock Watering System Lock and Key Damages Conservation Plan Stock Wells Proceeds Hunting

ATTACHMENTS

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INVITATION

General The City of San Angelo Real Estate Division is requesting bids for two (2) farm leases. SURFACE ESTATE ONLY of approximately 282.94 acres of land, identified as Tract 1, 3,323.30 acres of land, identified as Tract 2 as shown on the attached Exhibit “A” and Exhibit “B” (“Leased Premises”) which is incorporated herein by reference for all purposes.

Confidentiality All submissions shall remain confidential. After award, submissions will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the bid unless clearly identified as such.

Document Availability Bid Documents are available in the Purchasing Division or may be downloaded from the City’s website at https://cosatx.bonfirehub.com/. To locate the documents on the Bonfire Portal, go to:

Open Public Opportunities > RFB RE-01-26 City Farm Lease – 282.94 Acres and 3,323.30 Acres

Insurance and Indemnification Requirements Insurance and indemnification requirements applicable to this project are detailed within the Special Insurance Rider included with this solicitation package. Please review the insurance and indemnification requirements with your insurance agent prior to submission.

Interpretations All questions about the meaning or intent of the contract documents, including specifications shall be submitted to the Purchasing Division through Bonfire, the City’s e-Procurement Platform. Questions received after the deadline established for submitting questions/interpretations will not be answered.

Replies will be issued by addenda and posted on the Bonfire Project Page. Only questions answered by formal written addenda will be binding. Oral interpretations or clarifications will be without legal effect.

Required Response The City requires a response to any Request for Bid (RFB) notifications sent to potential vendors. Should a company choose not to participate, then to remain on the City of San Angelo’s potential vendors list, a “No Bid Reply” must be submitted.

Deadline and Delivery Location RFB submittals must be received no later than the posted submission deadline listed in City’s e- Procurement Portal (Bonfire). The time recorded in Bonfire will serve as the official record of time. Bids received after the bidding deadline will not be considered.

It is the sole responsibility of the vendor to ensure that the sealed RFB submittal arrives via Bonfire by the specified deadline.

Addenda Should specifications be revised prior to the deadline for submittals, the City’s Purchasing Division will issue addenda addressing the nature of the change and post them on the City’s e-Procurement Portal (Bonfire). Respondents should acknowledge any addenda as part of their submission in Bonfire.

Respondent is responsible for checking the City’s e-Procurement Platform (Bonfire) to determine if any addenda have been issued prior to submitting a bid. Failure to consider all addenda will be at the respondent’s risk.

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Copies of Bid Tabulation Results To obtain Bid Tabulation results, download the file in City’s e-Procurement Portal (Bonfire) at least 24 hours after the close date.

Award of Contract The City reserves the right to accept or reject any or all bids, and to waive any informalities or irregularities in the RFB process. The City is an equal opportunity employer.

Acceptance of Bid Content Before submitting a bid, each respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the bid will rely. If the respondent receives an offer because of its bid, failure to have made such investigation and examinations will in no way relieve the respondent from its obligation to comply in every detail with all provisions and requirements.

Equal Employment Opportunity Attention of respondents to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, age, or disability.

Points of Contact

Jessica Pirkle, Purchasing Specialist Purchasing Division City of San Angelo 72 W. College Ave.

San Angelo, Texas 76903 sapurch@cosatx.us

(325) 657-4219

Sarah Tackett-Torres, Real Estate Manager Real Estate Division City of San Angelo 72 W. College Ave.

San Angelo, Texas 76903

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INSTRUCTIONS TO RESPONDENTS

Corrections, Additions, or Deletions Corrections, additions, or deletions to any portion of the invitation will be in the form of written addenda.

Examinations of RFB Documents Respondents are expected to examine all specifications, drawings, standard provisions, and instructions.

Failure to do so will be at the respondent’s risk.

Bid Form Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and attested by the secretary or an assistant secretary. The state of incorporation shall be shown below the corporate name. Bids by partnerships must be executed in the partnership name and signed by a partner; title and the official address of the partnership must be shown below the signature. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant.

The names of all persons signing must also be legibly printed below the signature. A bid by a person who affixes to its signature the word "president", "secretary", “agent", or other designation without disclosing its principal may be held to be the bid of the individual signing. When requested by City, evidence of the authority of the person signing shall be furnished.

All blank spaces in the bid form shall be filled. A bid price shall be indicated for each item and alternative listed therein, or the words "No Bid", "No Charge", or other appropriate phrase shall be entered. Bids must include all required forms as prescribed herein. Bids received without all such items completed may be considered nonresponsive.

The vendor is not required to acknowledge receipt of addenda but shall include all addenda in vendor’s response. No alterations in bids or alterations made to the printed forms, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the vendor. Failure to consider all addenda prior to submitting a bid shall be at the risk of the vendor.

Taxes All quotations are to be submitted less Federal Excise and State of Texas Sales Taxes. Tax exemption certificates will be provided upon request.

Authorized Signature Bids must show vendor name, address, and be manually or digitally signed. The person signing the bid must have authority to bind their firm in a contract. Any erasures or other changes must be initialed by the person signing the bid.

Modification or Withdrawal of Bids Bids can only be altered using the online Bonfire Portal system. Bids may be withdrawn before the closing time and date using the Bonfire Portal. After the closing time and date, a bid can only be withdrawn with acceptable reason in writing and with approval of the Purchasing Division.

Restrictions on Communication Respondents shall not communicate with: 1) elected City officials, City staff, or contracted agents of the City regarding the RFB from the time the RFB has been released until the contract is posted as a City Council agenda item; and 2) City officials/employees/agents from the time the RFB has been released until the contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFB and/or bid submitted by respondent.

Violation of this provision by respondent and/or its agent may lead to disqualification of respondent’s bid from consideration and from opportunities to bid on future projects.

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Exceptions to the Restrictions on Communication with City employees include:

1. Private (non-business) contacts with the City by the respondent’s employees acting in their personal capacity.

2. Casual social contacts that do not include mention of the RFB.

3. Respondents may submit questions via e-Procurement Portal (Bonfire) concerning this RFB up to a week prior to submission due date. Questions received after the stated deadline will not be answered. Submission of questions to any other party prior to award may result in the disqualification of a respondent from bidding on this project as well as future projects for the City.

It is required that all questions be sent through the City’s e-Procurement Platform, Bonfire.

Questions submitted and the City’s responses will be published in the form of addenda to the Project Page in Bonfire. Respondent is responsible for calling the City or reviewing the Bonfire Project Page to determine if any addenda have been issued prior to their submittal. Only questions answered by formal addenda will be binding.

4. Respondents may provide responses to questions asked of them after responses are received and opened. During interviews, if any, verbal questions and explanations will be permitted. If interviews are conducted, respondents shall not bring lobbyists. All cost associated with interviews will be at the respondents’ expense. The City reserves the right to exclude any persons from interviews as it deems in its best interests.

5. Upon completion of the evaluation process, respondents shall receive a notification letter indicating the recommended firm and anticipated City Council agenda date. Respondents desiring a review of the solicitation process must submit a written request no later than five (5) calendar days from the date the letter was sent. Failure to submit a letter in writing to the Purchasing office prior to the end of the fifth day shall be at the risk of the respondent. The letter will indicate the name and address for submission of requests for review.

City reserves the right to contact any respondent to negotiate if such is deemed desirable by City. Such negotiations initiated by City staff persons shall not be considered a violation by respondent of this section.

Disqualification The respondent may be disqualified for any of the following reasons:

A. The respondent is involved in any litigation against the City of San Angelo.

B. The respondent is in arrears on any existing contract or has defaulted on a previous contract with the City.

C. The response is deemed non-conformant/non-responsive to the criteria/instructions highlighted herein.

D. The respondent is debarred, suspended, terminated, or otherwise excluded from or ineligible covered transactions by any federal, state, or local government entity or agency.

E. The bid is not received by the bid submittal deadline; or, F. The bid is not executed by a person authorized to enter into a contract binding on the respondent.

Reservations The City expressly reserves the right to accept, reject, or cancel all bids AND:

A. Waive any defect, irregularity, or informality in any bid or bidding procedure.

B. Extend the bid closing time and date.

C. Reissue a bid invitation or RFB.

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D. Procure any item by other means; or, E. Increase or decrease the quantity specified, unless the vendor specifies otherwise.

Acceptance Acceptance of respondent’s qualifications will be in the form of a purchase order and contract. Notice for annual contract agreements will be a notice of award, purchase order, or contract.

Inspections Inspections shall be at the discretion of the City within the requirements of the City. The Vendor shall keep the entire project site accessible to the City and any other governmental entity that may exercise regulatory control of the project for any portion of the work.

Invoices and Payment Contractor will submit itemized invoices for all services rendered pursuant to this Request for Bids.

Invoices will bear the name of the firm and will be addressed to the appropriate City Point of Contact, Contract Number (RE-01-26), and Purchase Order number. Invoices will be in itemized format and provide enough detail that demonstrates work performed or goods tendered.

Payment may be withheld by City, at the discretion of the City, to vendor until all required documents pertaining to the incurred charges are provided to the authorized City representative.

Gratuities The City may, by written notice to the vendor, cancel this contract without liability to vendor if it is determined by the City that gratuities were offered from an agent or representative of the vendor to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by City, remedies to recover or withhold the amount of the cost shall be incurred by vendor in providing such gratuities.

Termination Performance under this contract may be terminated in whole, or in part by the City in accordance with this provision. Termination performance hereunder shall be affected by the delivery to vendor of a “Notice of Termination” specifying the extent to which performance under this contract is terminated and the date upon which such termination becomes effective.

Force Majeure Neither party shall be held responsible for losses resulting if the fulfillment of any terms or provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, which by the exercise of reasonable diligence said party is unable to prevent.

Assignment – Delegation No right or interest in the contract shall be assigned nor shall any delegation of any obligation made by vendor be valid without the written permission of the City. Any attempted assignment or delegation by vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

Waiver No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

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Modifications This contract can be modified or rescinded only in writing signed by both of the parties or their duly authorized agents.

Interpretation – Parol Evidence This writing is intended by the parties as a final expression of their agreement and is intended as a complete agreement for dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in the agreement, the definition contained in the Code is to control.

Applicable Law This agreement is subject to all applicable federal and state laws, statutes, codes, rules and regulations, and local ordinances, rules and regulations. This agreement is also subject to the Uniform Commercial Code. Whenever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement.

Advertising Vendor shall not advertise or publish, without City’s prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government.

Right to Assurance Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, they may demand that the other party give written assurance of its intent to perform. If a demand is made, and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

Equal Employment Opportunity Vendor agrees that during the performance of its contract it will:

- Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.

- Identify itself as an Equal Opportunity Employer in all help wanted advertising or request. The vendor shall be advised of any complaints filed with the City alleging that vendor is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which Purchase Orders or authorities to deliver have not been included; however, the vendor is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a Purchase Order has been issued or authority to deliver granted.

All vendors must be Equal Opportunity Employers. Disadvantaged and minority vendors are encouraged to participate.

Conflict of Interest Vendor agrees to comply with the conflict of interest provisions of the City of San Angelo Charter and Code of Ordinances. Vendor agrees to maintain current, updated disclosure of information on file with the City Clerk throughout the term of the contract.

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Chapter 176 of the Texas Local Government Code requires a vendor who enters or seeks to enter into a contract for the sale or purchase of real property, goods, or services with a local governmental entity or local government officer thereof to file a conflict of interests’ disclosure questionnaire with the governmental entity prescribed.

A Conflict of Interest Questionnaire Form (CIQ) – included in the bid forms - must be submitted no later than the seventh (7th) business day after the date the vendor begins discussion, negotiation, applies or responds to a request for bid or bids, or correspondence in writing related to a potential contract with the local governmental entity.

Certificate of Interested Parties (Form 1295) In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered on or after January 1, 2016.

Filing Process:

On January 1, 2016, the ethics commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.

Information regarding how to use the filing application and the application are both available at https://www.ethics.state.tx.us/filinginfo/1295/. Instructional videos are available under the heading Instructional Videos for Business Entities.

The Form 1295 must be received, signed and original, within thirty (30) days of Council award or the contract may be voided.

Taxes and Permits Attention is directed to the requirements of the General Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully assessed against the City or the selected vendor in connection with the work shall be paid by the vendor. The bid prices shall include all such taxes and the costs of all required permits. The City is exempt from State Sales Tax and Federal Excise Tax.

Examination of Contract Documents Each vendor shall thoroughly examine and be familiar with this document, specifications, etc. The submission of a bid shall constitute an acknowledgment that the vendor has thoroughly examined and is familiar with all solicitation and contract documents. The failure or neglect of a vendor to receive or examine any of the solicitation or contract documents shall in no way relieve them from any obligations with respect to their submission or to any resulting contract. No claim for extra or additional compensation will be allowed based upon a lack of knowledge of any contract document, and the City will in no case be responsible for any loss or for unanticipated costs that may be suffered by the selected vendor as a result of conditions pertaining to the work.

Partial Award Vendors may furnish pricing for all or any portion of the bid invitation. UNLESS vendor specifies otherwise in its bid, the City may award contracts for any item or group of items listed.

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Legal Venue Tom Green County, Texas

Funds – Price The vendor submitting the highest responsible bid will establish a price agreement with the City. The work will be selected based on the availability of funds. The City reserves the right to award the contract by base bid, alternates, or a combination thereof.

Claims for Overcharges Vendor hereby assigns to City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.

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INSTRUCTIONS TO BIDDERS

Specifications Bidders are expected to examine all specifications and are responsible for the inspection of the property and should satisfy themselves of exact location of the property. It is the Bidder’s responsibility for inspections, zoning, environmental assessments, engineering studies, mechanical inspections, pest control, etc. Such inspections will be at the expense of the Bidder. The Bidder will be responsible for being familiar with the property location and zoning. FAILURE to do so will be at the Bidder’s risk.

Lease “As Is” Bidder shall be familiar with all the Reservations from and Exceptions to Conveyance and Warranty in the Sample Lease Agreement (included in Bid Packet). Property will be leased “As Is”, subject to ALL easements, blanket easements, rights-of-ways, covenants, conditions, zoning, restrictions, water rights, and all other restrictions or conditions, including physical conditions, whether recorded or not.

Access to Property Bidder will be responsible for access to the Property to include construction of roadways.

Commissions Should a Bidder solicit representation from a Real Estate Licensee (Agent), the bidder will be responsible for payment of commissions.

Execution of Lease Agreement Within ten (10) calendar days of awarding the bid, Bidder will execute a Lease Agreement in substantially form which attached hereto.

Corrections, Additions, Or Deletions Corrections, additions, or deletions to any portion of the invitation will be in the form of a written amendment or addendum.

Rent Bidder is to quote its highest and best annual fee for the first year of the lease. (See attached copy of sample lease.) Bid Amount shall be entered on the Bid Table. Bidder may bid for one or both locations.

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TERMS AND CONDITIONS

Lease Agreement City shall execute a five (5) year Lease Agreement, subject to approval by the City Council of the City of San Angelo, Texas. The Leased Property shall not pass to the Bidder until the Lease Agreement is fully executed and the first year's annual rent fee is paid to the City in full.

Use of Leased Premises Leased Premises shall be used by Lessee for grazing, cultivation, and uses normally incident thereto, and for no other purpose. If at any time the Leased Premises and any improvements thereon shall cease to be used for such purpose, the City shall have the right to terminate the Lease.

Lessee shall use only that portion of the property leased to him. Lessee shall comply with all laws and regulations that may pertain to the use of the Premises or to the growing of crops, hay or raising livestock on the Leased Premises.

Utilities City makes no representation as to the availability of utilities or costs associated with utilities. It is the Lessee’s responsibility to determine availability and cost of utilities.

Maintenance Lessee agrees to keep said Premises in a neat, clean and respectable condition by prompt removal of all trash, litter, debris and junk, and will keep said Premises cleared of all objectionable matter. Lessee agrees to maintain all fences, roads and other improvements at their own expense. In the event Lessee fails to keep said Premises in a manner acceptable to the City, the City has the power and expressed authority to require the Premises to be cleaned, cleared, or repaired at the owner’s expense. The costs associated with such maintenance shall either be billed directly to Lessee, or if paid by City, shall be reimbursed to City by Lessee within thirty (30) days of City's notice to Lessee, with any unpaid amounts accruing interest at a rate of ten percent (10%) per annum.

Lessee shall be responsible for the care and welfare for all trees on said Property. Pecans produced from the Property shall be the property of the Lessee. Lessee shall not remove any tree from the Leased Property without obtaining written approval from the City.

Lessee agrees not to over stock the Leased Property with livestock such that it becomes overgrazed.

Sublet and Assign Lessee will not assign or sublet this Lease, in whole or in part, without the written consent and approval of the City.

Encumbrance Lessee shall not have the right to encumber the Leased Premises.

Right to Enter City shall have the right to enter the Leased Property at all times during the term of the Lease for the purpose of examining and inspecting the same and determining whether Lessee shall have complied with all of its obligations in respect to the terms and conditions of said Lease Agreement.

Alterations, Additions, Improvements and Fixtures Lessee may place temporary improvements on the Property for agriculture or recreation purposes only.

Improvements for other purposes are prohibited.

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Lessee shall not make any alterations, additions or improvements to the Leased Property which will in any way obstruct the natural flow of the drainage or of rising water. (This includes, but not limited to the addition or movement of soil, planting of shrubs, the construction of fences or anything containing plumbing of any type).

As applicable, permit(s) shall be obtained prior to placement of any alteration, addition, or improvement on the Property, and said alteration, addition, or improvement shall be constructed in accordance with all applicable codes, laws, rules or regulations.

All alterations, additions or improvements made by the Lessee shall become the property of the City at the termination of this Lease unless approved otherwise by the City. Lessee shall be responsible for any or all damage(s) caused by removal of any and all alterations, additions or improvements from the Lease Premises.

Waste, Nuisance or Illegal Uses Lessee shall not use, or permit the use of, the Leased Premises in any manner that result in waste of the Premises or constitutes a nuisance. Nor shall Lessee use or permit the use of the Premises for any illegal purpose.

Taxes Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of the Lease may be levied on or assessed against the Leased Property, and/or leasehold estate in or on the Property and all interest therein and all improvements and other property thereon, whether belonging to the City or Lessee to which either of them may become liable. Lessee agrees to indemnify and save harmless the City from all such taxes, charges and assessment.

Incidental Charges Lessee shall pay or cause to be paid all incidental charges; such as permit fees, incurred in connection with his operations and use of the Leased Premises.

Invoices & Payments Lessee shall pay annual rent to the City of San Angelo Water Utilities Department, 301 W. Beauregard, San Angelo, TX, 76903. Payments shall be made in advance, payable in annual payments on the first of January each year during the term of the lease.

Annual rent for each year of this lease, after the initial year, shall be increased by 2% of the previous year’s rental rate (e.g. if the rent for the first year is $1,000; the rent for the second year would be $1,000 X 1.02 = $1,020; the third would be $1,020 X 1.02 = $1,040; and so on).

Late Payments Lessee shall be charged a late fee for any fee received by the City after the 15th of the month of the billing month at the rate of$40.00 per month.

Gratuities The City may, by written notice to Lessee, cancel this transaction without liability to Lessee if it is determined by the City that gratuities were offered from an agent or representative of the Lessee to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the award of this bid.

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Warranty-Price The Lessee warrants that no person or purchasing agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or purchasing agencies maintained by the Lessee for the purpose of securing Property. For breach or violation of the warranty, the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fees.

No Warranty By City Against Infringements The City does not make any Warranties or Guaranties, expressed or otherwise, except as provided for in the Lease Agreement.

Right of Inspection Lessee shall have the right to inspect the property before bidding on it.

Cancellation Any cancellation of Lease Agreement shall be in accordance with the terms herein and the Lease Agreement.

Assignment-Delegation No right or interest in the contract shall be assigned nor shall any delegation of any obligation made by Lessee be valid without the written permission of the City. Any attempted assignment or delegation by Lessee shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

Waiver No claim or right arising out of any bid can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing, signed by the aggrieved party.

Applicable Law This transaction shall be governed by the State of Texas law as effective and in force on the date of this bid.

Advertising Lessee shall not advertise or publish, without City’s prior consent, the fact that City has entered into this transaction, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or Local government.

Conflict of Interest Lessee agrees to comply with the conflict of interest provisions of the Texas State Law and the City of San Angelo Charter and Code of Ordinances. Lessee agrees to maintain current, updated disclosure of information on file with the Purchasing Department throughout the term of the Lease Agreement, as applicable.

Award Criteria The property will be awarded to the Bidder who submits the highest qualified bid. Final approval and acceptance rests with the San Angelo City Council.

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SPECIAL CONDITIONS

Livestock Leased Premises shall not be used for a dairy operation or a high density cattle or commercial feed lot operation or facility.

Death, Loss or Theft of Livestock City will not be responsible for death, loss or theft of any livestock from the Leased Premises.

Stock Watering System Lessee shall provide and maintain at his own expense any stock watering systems that may be needed.

Lock and Key City will provide a standard master lock and key that will be on all outside perimeter gates around the Premises. Lessee shall utilize this master lock and no cut-in or add additional locks on gates.

Damages Lessee shall maintain, repair and be responsible for any damage he may cause to any existing fences, roads, and other improvements on the Leased Property. Should Lessee fail to make such repairs, the City may repair the damage and bill Lessee for all costs.

Conservation Plan Portions and possibly all the Leased Premises may be classified as “Highly Erodible” by the Conservation Service under federal farm programs. As may be applicable, Lessee shall be responsible for implementing and following any conservation plan required for the Leased Premises by the United States Department of Agriculture.

Stock Wells At the expiration of the lease, all stock wells placed on the Leased Premises by Lessee shall remain and become the property of City; exclusive of pumps, motors and meters.

Proceeds Lessee shall retain all proceeds from any farm subsidy program applicable to the raising of crops or livestock on the Leased Premises.

Hunting No hunting shall be allowed on the Leased Premises.

RFB RE-01-26 City Farm Lease – 282.94 Acres and 3,323.30 Acres 16

ATTACHMENTS

A. City of San Angelo - Standard Performance Contract Terms and Conditions https://www.sanangelo.gov/324/Purchasing-Documents

B. Exhibit A – 282.94 Acres

C. Exhibit B – 3,323.30 Acres

D. Example - Sample Farm Lease