Bid Package Olmsted -Boatwright WMA - 5YR-2021.pdf

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Attached to
02112021 620 CROP LAND LEASE AT BOATWRIGHT WMA BALLARD CO
Solicitation number
RFB 785 2100000363 3
Issued by
Anderson County, Kentucky

About this file

Summary

This is an Invitation to Bid issued by the Commonwealth of Kentucky Finance and Administration Cabinet, Division of Real Property, on behalf of the Kentucky Department of Fish and Wildlife Resources for a five-year lease of agricultural land at the Boatwright Wildlife Management Area's Olmsted Unit in Ballard County, Kentucky. The lease encompasses approximately 620 acres across four fields (CE1, CE2, CE3, and LCE) designated for annual grain production, primarily soybeans, with an additional 102 acres to be planted with yellow corn or alternative crops at the lessee's expense as specified by the supervising biologist. The successful bidder will be responsible for all farming operations, equipment, labor, and supplies necessary to maintain the crops according to good agricultural practices. The bid opening is scheduled for Thursday, February 11, 2021 at 3:00 p.m. EST, with bids submitted to the Division of Real Properties, State Properties Branch in Frankfort, Kentucky. The lease will be awarded for a one-year term beginning March 15, renewable annually for four successive one-year periods for a total of five years, with renewals occurring between February 1-15 of each year. Site visits are encouraged and expected, with inspections available through the Ballard Wildlife Management Area office by contacting the Land Biologist at 270-224-2244 or Josh Hager at 270-224-2244.

The minimum bid is $40.00 per acre, with bidders submitting a single cash bid per acre for the actual planted acreage. A good faith deposit of $100.00, payable to the Kentucky State Treasurer, is required with each bid and will be applied to the lease payment upon award. Payment terms require a 10 percent spring deposit due in February of each contract year upon acceptance of the annual agreement, with the balance due December 1st of each contract year calculated on a per-acre-planted basis; a three percent late charge applies if payment is not received by the specified date. The lessee must also provide up to $35,000 in white rocks annually for road maintenance, up to 1,200 bushels of winter wheat annually for green browse, up to $6,500 in chemical/fertilizer and application, and up to $5,000 in heavy equipment services, with these costs deducted from the tenant's final annual payment. The Commonwealth reserves the right to reject any and all bids, cancel the agreement for convenience with thirty days' written notice, and terminate the lease for default after providing thirty days' notice to cure. Bidders must comply with Kentucky campaign finance laws, tax registration requirements, noxious weed control, soil testing and fertilization protocols, conservation plans, riparian buffer zone requirements, pesticide restrictions, and various other environmental and operational standards outlined in the lease conditions.

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COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

DIVISION OF REAL PROPERTY

INVITATION TO BID

FOR LEASE

STATE-OWNED REAL PROPERTY

KENTUCKY DEPARTMENT OF FISH AND WILDLIFE RESOURCES

LEASE OF 620 ACRES OF AGRICULTURE LAND

BOATWRIGHT WILDLIFE MANAGEMENT AREA

LA CENTER, BALLARD COUNTY, KENTUCKY

Invitation No: 02112021

Bid Opens: Thursday, February 11, 2021 at 3 p.m. EST

INSTRUCTIONS TO BIDDERS

(1) Bid must be submitted on the "Form of Proposal" included within and made part of this

Invitation, appropriately signed and received at the Division of Real Properties, State Properties

Branch, Bush Building, 3rd Floor, 403 Wapping Street, Frankfort, Kentucky 40601-2607, not later than the specified "bid opening" time and date.

(2) The Commonwealth of Kentucky reserves the unqualified right to reject any or all bids.

(3) For further information contact Wendell Harris, State Properties Branch, Division of Real

Properties, Bush Building, 3rd Floor, 403 Wapping Street, Frankfort, Kentucky 40601-2607, phone: (502) 203-5051 or email: Wendell.harris@ky.gov.

(4) Anyone interested in the results of this bid opening may participate in a conference call at the time listed by dialing 502-782-2663 and entering the participation code 42014.

mailto:Wendell.harris@ky.gov

Invitation to Bid Agricultural Land

Boatwright Wildlife Management Area

OLMSTED UNIT

Ballard County, Kentucky

At the request of the Department of Fish and Wildlife Resources, the Division of Real Properties issues this invitation to bid on the lease of agricultural land on the Boatwright Wildlife Management Area, at the Olmsted Unit located in Ballard County, Kentucky.

Property to be Leased: The land to be leased, FSA Farm Numbers 735, 819, and 1920 is operated under lease from the Army Corps of Engineers (ACOE), by the Kentucky Department of Fish and

Wildlife Resources, (KDFWR), and is utilized for the purpose of implementing, operating and managing a fish and wildlife program in accordance with an approved wildlife management plan. The land to be bid consists of approximately 620 acres in 1 Tract, located 2 miles west of Barlow, Kentucky off County road Salle Crice and the Mound City Landing Road. The land is to be utilized for the production of annual grains, e.g., soybeans. An additional 102 acres will be planted by the winning bidder to yellow corn or an alternate crop as specified by the Supervising Biologist at the lessee’s expense. Yellow corn is the preferred crop on the 102 acres, but Ohio River conditions may dictate crops to be planted other than corn on an annual basis. This 102 acres of corn or alternate crop to be left standing will become the property of the Department of Fish and Wildlife Resources. The combined total of all lands (620 + 102) is 722 acres. Please see attached bid form for a breakdown by tract of all acres.

Each field can be identified by tract name and field number which corresponds to the listing on the bid form. The tract and field numbers are assigned by the Supervising Biologist. Bids should indicate the annual cash bid per acre the bidder is willing to pay for each acre. Bidders will cash bid on 1 Tract.

Several fields and portions of fields on the property have been retired as part of a habitat management program on the area. Tenants shall not disturb, mow, spray or otherwise alter these fields or borders without approval of the Supervising Biologist. See attached Land Use Conditions and Contract Annex for further information.

Maps, History and Site Visit: Maps showing the property to be leased are included in this bid package. Bidders are urged and expected to inspect the property to be leased and to satisfy themselves as to all general and local conditions that may affect the cost of compliance with the lease, to the extent such information is reasonably obtainable. In no event will failure to inspect the site constitute grounds for a claim after award of the lease.

Purpose of Leasing: The property will be leased for agricultural purposes primarily to insure a permanent and continued supply of food for wildlife; furnishing sport and recreation for present and future residents of this state. Leasing the property produces income that offsets operational expenses of the area and is part of an overall habitat and land management program for fish and wildlife uses.

Bid Forms: Bid forms are available at the Ballard Wildlife Management Area office by calling the

Land Biologist at 270/224-2244. Each field has a tract name and a field number. These numbers correspond to the number listed on the maps. The bid form lists the tracts and field numbers.

Bids: Bidders will be cash bidding on 741 acres for annual grain production, e.g., soybeans. An additional 102 acres of yellow corn (preferred) or alternate crop (see “Requirements” below) shall be planted annually by the successful bidder, on sites indicated by the Supervising Biologist. The combined total of all lands (620 + 102) is 722 acres. Please see attached bid form for a breakdown by tract of all acres. Bidders should submit their bids on the Bid Forms provided and these must be completely filled out, signed and submitted in the bid envelope provided, with deposit(s) (see example page). Bidders should indicate the amount they will pay as cash per acre for the actual planted acreage to be cropped. There will be one cash bid by each bidder.

Minimum bid per acre is $40.

All bidders will be notified by mail or email of the results. The Commonwealth of Kentucky reserves the unqualified right to reject any and/or all bids. For further information contact Wendell Harris @

(502) 203-5051 or Wendell.harris@ky.gov. For site review contact Josh Hager, 864 Wildlife Lodge

Road, LaCenter, Kentucky 42056. Phone: 270-224-2244.

Bid Revisions/Adjustments: Rental rates in response to this invitation shall remain firm for the entire

5 years of the resulting lease. If a bidder withdraws from the lease, the next highest bidder will be contacted to assume the remaining terms of the lease.

Requirements: The Lessee will be required to plant 102 acres of yellow corn, (preferred), or an alternate crop as specified by the supervising biologist, in the amount indicated (please see attached bid form for a breakdown of acres by tract). The corn shall be planted as early in April as weather or River levels allow and have a mid range yield of 60-100 bushel per acre. The tenant must use acceptable seasonal weed and grass control in the yellow corn and/or alternate crop if required. Alternate crops may include but are not limited to hybrid sunflowers, millet, buckwheat, milo, soybeans and/or wheat and is at the discretion of the area manager. Alternate crops shall be fertilized per soil test. Wheat shall be planted at the rate of 2 bushels per acre and a seedbed prepared and planted no later than

September 15. Wheat can be spread or drilled. The wheat can be bin run with a germination test of 85 to 90%. The corn shall be planted at a 30,000 to 32,000-plant population, 32-inch rows and a hybrid variety compatible with area soils and fertilized for a mid range yield of 80 to 100 bushel per acre.

Alternate crop seeds shall be new seed.

Non-Planted Acres: In the event that the successful bidder(s) cannot/does not plant all production acres in the contract, vegetation must be controlled through chemical or mechanical means. The cost associated with the vegetation will be the responsibility of the successful bidder(s). The vegetation control and methods/chemicals will be at the discretion of the area manager and will be selected based on wildlife management goals (e.g. ridges may be disked and low ground may be sprayed with a broadleaf selective herbicide).

Access: Because of water level fluctuations of the Ohio River and limited access roads, the

Department cannot guarantee access to all leased fields. It shall be the responsibility of the bidders to determine the conditions of access to the fields they bid on.

Road Maintenance: As part of the road maintenance due to farming activities, the successful bidder(s) will be required to provide up to $35,000 worth of white rocks. The cost will be deducted from the Tenant’s final contract payment each year. Receipts and weight tickets will be required for all rock. Rock size and delivery location will be specified by the managing KDFWR staff.

Green Browse: As part of the goose management efforts, the successful bidder(s) will be required to provide up to 1200 bushel of winter wheat per year for green browse and the cost associated will be subtracted from the successful bidder(s) final contract payment. The winter wheat may be bin run or cleaned seed wheat. Receipts and weight tickets will be required for winter wheat provided.

mailto:Wendell.harris@ky.gov

Chemical/Fertilizer and Application: As a part of our food plot program, the successful bidder(s) will be required to provide up to $6,500 worth of chemical/fertilizer and application. Cost will be subtracted from the tenant’s final contract payment at the end of the year. The chemical/fertilizer and areas chemically treated and fertilized will be at the discretion of the area manager. Receipts will be required on all chemical/fertilizer and application cost.

Heavy Equipment Services: As part of area maintenance, the successful bidder(s) will be required to provide up to $5,000 worth of heavy equipment services. Cost will be subtracted from the tenant’s final contract payment at the end of the year. Heavy equipment services will be at the discretion of the area manager.

Term of Lease: The successful bidders will be required to enter into a lease contract with the

Department of Fish and Wildlife Resources for a term of one year, to be renewed for four successive one-year periods (for a total of five years). Renewals will take place between February 1 - 15 of each year. The lease will be for a crop year (March 15 - October 25) unless special circumstances warrant otherwise. All cropping and harvesting activities will be completed by November 1, unless weather dictates otherwise.

Payment of Rental: The successful bidder will enter into a lease contract with the Department of Fish and Wildlife Resources on an annual basis (renewably annually for four additional years for a total of 5 years). A payment of 10% as a spring deposit on acceptance of the annual agreement in February of each contract year is required. The lease agreement will provide for an adjusted final payment of the balance of the contract due December 1st of each contract year. Final payments will be calculated on a price bid per acre of crop planted format. A THREE PERCENT (3%) LATE CHARGE WILL

APPLY IF BALANCE IS NOT RECEIVED BY SPECIFIED DATE.

Liability: The successful bidders agree to indemnify and hold harmless the Commonwealth from any and all claims, demands, damages, actions, costs, including attorney’s fees, and charges for which the

Commonwealth may be subject, or for which the Commonwealth, or the successful bidders, may be required to pay by reason of injury to any person or property or loss of life or property resulting from or in any way connected to the character, condition or use of the leased premises or any means of ingress thereto, or egress there from unless such injury or loss arises directly from the negligence of the

Commonwealth, or any of its officers, agents or employees, while acting within the scope of their employment. The successful bidder shall, at their own expense, assume defense of such claims and actions for damages or judgments arising directly from the negligence of the Commonwealth, any of its departments or agencies, or any of its officers, agents, or employees while acting within the scope of their employment.

Termination for Default:

If at any time during the period in which the lease agreements are in effect, the winning bidder(s), in the opinion of the Commonwealth, defaults on any obligation incurred hereunder, including, but not limited to the obligation to pay rent, as provided in the resulting agreements, then the agreements shall be subject to termination by the Commonwealth, with no right of recourse remaining in the winning bidder(s). All rights and benefits therein conferred shall be deemed forfeited, and the winning bidder(s) covenant that they shall quietly surrender possession of the demised premises to the

Commonwealth, provided however, that before any termination shall occur under this section, the winning bidder(s) shall be given written notice and be allowed thirty days from the date of receipt of such notice in which to cure such default or noncompliance. If said default or noncompliance is cured within the above time period, then the lease agreements shall remain in full force and effect.

1. The procedure for termination of the lease agreements under this section shall be as follows:

a. The Commonwealth shall deliver, by certified mail, to the successful bidders a “Notice of Termination” which shall specify (a) the nature of the termination; (b) the extent to which use, under the lease agreements are to be terminated; and (c) the date upon which termination becomes effective.

b. The winning bidder(s) shall stop use under the lease agreement on the date indicated and to the extent specified in said “Notice of Termination”, unless the default on noncompliance is cured within the time period stated in the notice.

2. In the event of termination for default, the successful bidder shall be responsible for repaying to the Commonwealth any and all monetary sums due the Commonwealth under the lease agreements, up to and including the effective date of termination.

3. The rights and remedies for the Commonwealth provided in the agreements shall not be exclusive, and are in addition to any other rights and remedies provided by law or in equity.

Cancellation Clause: The Commonwealth reserves the right to cancel the agreement for convenience when requirements under the lease no longer exist, or changes in general conditions render the lease as not responsive to the needs of the Commonwealth. A written notice will be given to the tenant at least thirty (30) days prior to such proposed termination date. Upon the termination date specified in the written notice, all privileges of tenant shall cease and tenant shall no longer be permitted to use Commonwealth’s structures, personal property, or premises and shall remove any personal property of tenant from premises by the cancellation date.

Method of Award: A lease will be awarded for all the tracts on the highest cash bid per acre per tract, and whose offer conforming to this Invitation to Bid will be most advantageous to the Commonwealth.

The Commonwealth of Kentucky reserves the right to reject any and all bids and to waive technicalities. A bidder’s past performance under lease shall be a consideration and may be a factor in the award of a lease.

Adding Terms and Conditions: Additional terms and conditions that come within the scope of the resultant leases and found to be needed may be added to each lease if mutually agreeable to both the winning bidder(s) and the Department of Fish and Wildlife Resources.

Good Faith Deposit: A good faith deposit must be submitted with each bid in an amount equal to

ONE HUNDRED DOLLARS ($100.00). The good faith deposit should be made payable to the

Kentucky State Treasurer (cash will not be accepted). All such deposits will be returned on unsuccessful bids. The deposits made with the successful bids will be retained by the agency and later applied to the lease payment.

TERMS AND CONDITIONS

A. General

1. Bidders will be cash bidding for 620 acres for annual grain production, e.g., soybeans. In addition, the Lessee will plant 102 acres of yellow corn at their expense for the Department. The combined total of all lands (620 + 102) is 722 acres. Please see attached bid form for a breakdown by tract of all acres. The Lessee shall not sublease any part of the lease tracts to a second party.

2. The winning bidder(s) shall assume responsibility for maintenance of the entire crop including furnishing all equipment, labor and supplies, pay all expenses necessary and incidental to compliance with the provisions and conditions set forth herein unless otherwise specified in the contact.

3. The winning bidder(s) is required to utilize good agricultural practices in accordance with the requirements of crop planted so as to avoid undue erosion or damage to existing wildlife or wildlife habitat. Conventional tillage is an acceptable practice but reduced tillage, low-till and no-till is the preferred methods.

4. The winning bidder(s) will be responsible to maintain records of the acreage planted and to report same to the appropriate Farm Service Agency office.

5. The winning bidder(s) assumes all risk and/or damage by reason of flooding or other natural disaster. After the crop is planted, the final lease cost will be computed on a cost per acre planted format. In the event of weather related crop loss and settlement with crop insurance the final payment will be computed on a cost per acre harvest format and the damaged crop shall remain in the field for wildlife.

6. The Department may overseed wheat or other cover crops in the fall in selected fields. The

Department will pay these costs. The winning bidder(s) will destroy or incorporate the remaining cover crop the next cropping season based on the field rotation plan.

7. The hunting, trapping, fishing and other rights are retained by the Commonwealth which also retains the right of access to the property for the purpose of fish and wildlife management, public hunting and fishing opportunity. Reasonable care will be exercised to prevent damage to the property or crops of the winning bidder(s). The winning bidder(s) shall not deny the public access to any portion of the wildlife management area unless it is proven that damage to the crop will result.

8. The Lessee will provide a typed report of the following when making final payment:

a. Acreage planted and reported to the FSA office.

b. Fertilizer and/or lime applied per acre by field number.

c. Herbicide brand and application per acre by field number.

d. Harvest removed by field numbers (in total bushel).

e. Type of seed planted and seed spacing.

f. If an insurance claim is made a copy of it must be given.

g. If corn cannot be planted then the lessee must purchase and plant annual grain specified at the managers discretion.

h. Any and all receipts that will be deducted from the successful bidder(s) final payment.

9. The winning bidder(s) will be responsible for damage to state properties and facilities as a result of cropping activity. Should the winning bidder(s) or his employees damage state owned or installed fixtures restitution will be made during that crop year. Damages may include but are not limited to damage/destruction of public hunting blinds, tree/shrub planting, boundary markers/fencing, building, gates, water control structures/facilities, dikes, dams levees and vegetation. The local area manager is authorized to establish prices for damages to state properties and facilities

10. No Part of any lease tract may be placed in any federal land retirement program.

11. No livestock will be permitted. Finding livestock or evidence of their use on leased tracts may result in the issuance of a citation.

12. If irrigation facilities are necessary, such facilities shall be provided by and at the expense of the winning bidder(s).

13. The winning bidder(s) shall not be permitted to erect temporary or permanent structures of any type on the leased premises.

14. The winning bidder(s) shall be responsible for maintaining their entire leased premises in a clean and sanitary condition throughout their lease term. The winning bidder(s) further agrees that upon the expiration or termination of their lease agreement, they will return the leased premises in as good an order as received, ordinary wear and tear, and acts of God excepted.

15. The winning bidder(s) shall comply with the Conservation Plan on file at the local county Natural

Resource Conservation Service Office and follow recommended land practices.

16. The winning bidder(s) may, with permission from the area supervisor, utilize existing structures on the leased premises.

B. Soil Testing/Fertilization/Lime

1. The winning bidder(s) will be required to perform soil tests as required by contract on fields they utilize and provide copies of the test and proof of fertilizer application. For consistency, the University of

Kentucky's Extension offices in each county should be used for the soil test services. Tests are recommended a minimum of every two years; all test results and field locations shall be kept on file at the appropriate local office location for each property involved.

The winning bidder(s) shall comply with soil test recommendations and fields to be limed at no less than half of the recommended rate.

2. For the application of Nitrogen, Phosphorous, and Potassium, the following recommendation should be followed as a general rule of thumb by the winning bidder(s):

If Phosphorous and Potassium levels, according to the soil test, are in the Medium to High range it is not necessary to make an application unless a crop response is expected. Applications should be made if range levels fall into the Low to Medium categories. No less than the minimum recommendations should be applied in these instances. Maximum levels should never be exceeded and or generally not recommended due to their inefficacy. Test results showing the need for trace elements should be treated on an as needed basis. Nitrogen applications should be made for the minimum expected yield. High-end recommended and arbitrary applications are not environmentally or economically sound and should not be made. Nitrogen tests are recommended when feasible. A general recommendation of 1.5 units of nitrogen per bushel of expected yield for the respective field can be used. This would be based on the fields past average bushel yield. Nitrogen fixing cover crops are encouraged and recommended to be used when ever possible. The use of anhydrous ammonia as a nitrogen source is not recommended because of the cumulative damage to soil micro organisms and a general decline in soil tilth. Department staff will not utilize anhydrous ammonia and will recommend all winning bidder(s) convert to other more environmentally friendly forms of Nitrogen such as

Urea, Diammonium Phosphate, etc.

C. Tillage Practices

1. Tillage methods and residue coverage should be consistent and conform with the NRCS

Conservation Plan that is on file. Practices such as, but not limited to, no-till, conservation tillage, low-till are all encouraged.

2. Spring field preparations, (disking, plowing) shall not begin prior to March 15 without prior approval of the area supervisor. Minimum conventional tillage and no-till is encouraged where applicable.

3. No fall tillage (plowing or disking) should take place except for the establishment of cover crops, permanent grass/hay sowing, erosion control or fescue conversions. Tillage for fall cover crops or fall sown grain crops should be performed no later than November 15th without approval of the area supervisor.

4. Conventional plowing is not recommended in any of the above situations. Para-plow tillage is acceptable for the disturbance of hardpans and this may be used in the fall with the approval of the land manager. Chisel plowing is not accepted for fall use. No soil disturbances should be performed after November 15th.

D. Riparian Vegetation/Buffer zones

Riparian vegetation stabilizes stream banks, provides thermal insulation, reduces stream sediment loads and protects streams from soil, chemical and fertilizer runoff from crop fields. Buffer zones also act as wildlife corridors, travel-ways, escape cover and access-ways. Riparian strips/buffer zones should be either protected or established along/adjacent to all, streams, wetlands, and waterways and crop lands/field borders on Department Wildlife Management Areas.

1. All streams, (perennial, intermittent, storm event, etc) shall be protected by a riparian zone for a minimum of 50 feet, (preferably 100 feet) on each side of the stream bank. There shall be no canopy disturbance within the first 50 feet of this zone.

2. Ponds, lakes, reservoirs, seasonal and permanent wetlands and other aquatic systems shall have at least a 50 foot riparian zone (preferably 100 feet) on all sides. This zone shall be of undisturbed soil but is subject to rotational mowing or burning when it is a necessary component of management (for example waterfowl flight corridors).

3. Other field boarders such as property boundaries, fencerows, roadsides, etc. shall have a vegetated strip of not less than 30 feet of undisturbed soil.

E. Pesticides/Herbicides

1. There will be no application of restricted use pesticides as designated by the United States

Environmental Protection Agency and the U. S. Fish and Wildlife Service. (See the Supervising

Biologist for an up to date list or consult the local chemical dealer).

2. There will be no use of insecticides upon Department owned or managed lands.

3. Pesticides are to be used only according to label directions.

4. Only the lowest recommended amount of the chemical that will efficiently and effectively control the weed shall be used.

5. Rotating herbicides will be recommended and used to avoid the development of resistant weeds.

6. Pesticides will not be used within 50 feet of any stream, river, lake, reservoir, wetland or body of water or in accordance with the label directions. Special consideration will be given to prevent any adverse impacts to highly sensitive and/or unique habitats, which may be host to special flora and fauna.

7. The winning bidder(s) shall report pesticide use on a yearly basis using forms provided.

8. Any pesticide containers will be disposed of using any available state, county, or local disposal program. In the absence of available programs the container must be handled and disposed of following all label directions for that specific container.

F. Noxious Weeds

Winning bidder(s) will be required to control the following noxious weeds within their rented/leased fields: Thistle: Muss, Scott, Nodding, Canadian; Field Bindweed; Marijuana;

Johnson grass; and Multi flora Rose. Tillage and harvest equipment should be cleaned prior to moving to another field which will help limit weed seed transportation. Noxious weeds will not be controlled in any way that will adversely affect or have any detrimental impact on any wildlife or habitat.

NOTE: FOR FURTHER INFORMATION PLEASE CONTACT: Josh Hager, 864 Wildlife

Lodge Road, LaCenter, Kentucky 42056. By telephone at 270/224-2244; Fax-270/224-2802.

ANNUAL AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS

Affidavit Effective Date:

Affidavit Expiration Date:

Maximum Length One-Year

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 1 OF 2

FOR BIDS AND CONTRACTS IN GENERAL:

I. Each bidder or offeror swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 45A.110 and KRS 45A.115, neither the bidder or offeror as defined in KRS

45A.070(6), nor the entity which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth of Kentucky; and the award of a contract to the bidder or offeror or the entity which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth.

b. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and all subcontractors therein, are aware of the requirements and penalties outlined in KRS 45A.485;

have properly disclosed all information required by this statute; and will continue to comply with such requirements for the duration of any contract awarded.

c. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and its affiliates, are duly registered with the Kentucky Department of Revenue to collect and remit the sales and use tax imposed by KRS Chapter 139, and will remain registered for the duration of any contract awarded.

d. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding is not delinquent on any state taxes or fees owed to the Commonwealth of Kentucky and will remain in good standing for the duration of any contract awarded.

e. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding, is not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade, as defined in

KRS 45A.607.

f. The bidder or offeror swears and affirms that the entity bidding, and all subcontractors therein, have not violated any of the prohibitions set forth in KRS 11A.236 during the previous ten (10) years, and further pledge to abide by the restrictions set forth in such statute for the duration of the contract awarded.

FOR “NON-BID” CONTRACTS (I.E. SOLE-SOURCE; NOT-PRACTICAL OR FEASIBLE TO BID;

OR EMERGENCY CONTRACTS, ETC):

II. Each contractor further swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 121.056, and if this is a non-bid contract, neither the contractor, nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of any contract awarded, have contributed more than the amount specified in KRS 121.150 to the campaign of the gubernatorial slate elected in the election last preceding the date of contract award.

http://www.lrc.state.ky.us/KRS/045A00/110.PDF http://www.lrc.state.ky.us/KRS/045A00/115.PDF http://www.lrc.state.ky.us/KRS/045A00/070.PDF http://www.lrc.state.ky.us/KRS/045A00/070.PDF http://www.lrc.state.ky.us/KRS/045A00/070.PDF http://www.lrc.state.ky.us/KRS/045A00/485.PDF http://www.lrc.ky.gov/KRS/139-00/CHAPTER.HTM http://www.lrc.ky.gov/KRS/121-00/056.PDF http://www.lrc.ky.gov/KRS/121-00/150.PDF

ANNUAL AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 2 OF 2

a. In accordance with KRS 121.330(1) and (2), and if this is a non-bid contract, neither the contractor, nor officers or employees of the contractor or any entity affiliated with the contractor, nor the spouses of officers or employees of the contractor or any entity affiliated with the contractor, have knowingly contributed more than $5,000 in aggregate to the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract award.

b. In accordance with KRS 121.330(3) and (4), and if this is a non-bid contract, to the best of his/her knowledge, neither the contractor, nor any member of his/her immediate family, his/her employer, or his/her employees, or any entity affiliated with any of these entities or individuals, have directly solicited contributions in excess of $30,000 in the aggregate for the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract.

As a duly authorized representative for the bidder, offeror, or contractor, I have fully informed myself regarding the accuracy of all statements made in this affidavit, and acknowledge that the

Commonwealth is reasonably relying upon these statements, in making a decision for contract award and any failure to accurately disclose such information may result in contract termination, repayment of funds and other available remedies under law.

Signature Printed Name

Title Date

Company Name

Address

Phone/Email

Subscribed and sworn to before me by

(Affiant) (Title) of this _____day of ____________,20___.

(Company Name)

Notary Public

[seal of notary] My commission expires:

http://www.lrc.ky.gov/KRS/121-00/330.PDF http://www.lrc.ky.gov/KRS/121-00/330.PDF

FIELD # UNIT TOTAL 2021 2022 2023 2024 2025

Tract 1 Olmsted ACRES CORN SOYBEANS CORN SOYBEANS CORN SOYBEANS CORN SOYBEANS CORN SOYBEANS

CE1 Olmsted 206.88 25 181.88 25 181.88 25 181.88 25 181.88 25 181.88

CE2 Olmsted 219.05 35 184.05 35 184.05 35 184.05 35 184.05 35 184.05

CE3 Olmsted 291.27 37 254.27 37 257.27 37 254.27 37 254.27 37 254.27

LCE Olmsted 3.53 0 3.53 0 3.53 0 3.53 0 3.53 0 3.53

GRAND TOTAL 623 102 623 102 623 102 623 102 623 102 623

PLANTED ACREAGE COULD BE LESS RATHER THAN MORE

I propose to bid a cash bid for Tract 1: $_____________________ per acre.

Name: _____________________________________________

Address: _____________________________________________

Phone/Email: _________________________________________

Area: Boatwright WMA, Olmsted Unit (Ballard County) Minimum Bid Per Acre is: $40.00

File details come from the government source that posted it. Updated .