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HomeMy WebLinkAbout99-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 99-25 File Number: 2025-387 FROUD FARMS (LEASE AGREEMENT): A RESOLUTION TO AWARD BID # 25-28 AND AUTHORIZE A FIVE-YEAR HAY FIELD LEASE WITH FROUD FARMS FOR ABOUT 63.8 ACRES AT LAKE FAYETTEVILLE, MADISON NATURAL AREA, KESSLER PARK, AND COMBS PARK FOR THE AMOUNT OF $102.00 PER YEAR, AND TO AUTHORIZE MOWING AT OTHER PARK PROPERTIES AS NEEDED FOR THE AMOUNT OF $1.00 PER BALE WHEREAS, in order to save maintenance costs and staff time required to mow about 63.8 acres of meadows in four city parks, the Parks and Recreation Department requested bids from persons wishing to cut hay from these fields; and WHEREAS, Frond Farms submitted the best bid of $102.00 per year and has agreed to all terms in the attached lease agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #25-28 and authorizes Mayor Rawn to sign the attached five year hay field lease agreement with Froud Farms for approximately 63.8 acres of meadows at Lake Fayetteville, Madison Natural Area, Kessler Park, and Combs Park to Froud Farms for the amount of $102.00 per year and further authorizes Froud Farms to mow or bale hay at other park properties as needed for the amount of $1.00 per bale. PASSED and APPROVED on April 15, 2025 Approved: * �6� Attest: ................. aarLrev1L-e::o_ s s • runs Jro Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 15, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Chris Brown, Public Works Director Terry Gulley, Asst Public Works Director - Ops FROM: Byron Humphry, Parks Maintenance Superintendent SUBJECT: FROUD FARMS (LEASE AGREEMENT): RECOMMENDATION: CITY COUNCIL MEMO 2025-387 A resolution to approve a lease agreement with Froud Farms for about 63.8 acres of City Park land for the sole purpose of cutting hay for the amount of $102.00 per year and to cut hay on other park properties as needed for $1.00 per bale. BACKGROUND: Park properties at Hobby Use area at Lake Fayetteville Park, Madison Natural area, Kessler Park, and Combs Park have historically been maintained as natural areas and brush hogged three to four times per year. In 2010, 2015, and again in 2020, the City entered a 5-year agreement with Froud Farms to mow these areas for hay. This agreement saved staff time and expense by not having to brush hog these areas. The latest agreement expired at the end of 2024. DISCUSSION: A request for bids was advertised on January 19, 2025. Only one bid was received which was from Froud Farms in the amount of $102 per year. In addition to the four properties listed above, the current bid also includes a provision to mow other park properties as needed for $1 per bale. BUDGET/STAFF IMPACT: Staff time and expense required to brush hog undeveloped land will be reduced. In addition, $102 will be received annually. ATTACHMENTS: SRF (#3) , Bid Tab 25-28 (#4), Froud Farms Hay Lease Agreement (#5), Bid 25-28, Submittal - Froud Farms - E (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-387 FROUD FARMS (LEASE AGREEMENT): A RESOLUTION TO AWARD BID # 25-28 AND AUTHORIZE A FIVE-YEAR HAY FIELD LEASE WITH FROUD FARMS FOR ABOUT 63.8 ACRES AT LAKE FAYETTEVILLE, MADISON NATURAL AREA, KESSLER PARK, AND COMBS PARK FOR THE AMOUNT OF $102.00 PER YEAR, AND TO AUTHORIZE MOWING AT OTHER PARK PROPERTIES AS NEEDED FOR THE AMOUNT OF $1.00 PER BALE WHEREAS, in order to save maintenance costs and staff time required to mow about 63.8 acres of meadows in four city parks, the Parks and Recreation Department requested bids from persons wishing to cut hay from these fields; and WHEREAS, Froud Farms submitted the best bid of $102.00 per year and has agreed to all terms in the attached lease agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #25-28 and authorizes Mayor Rawn to sign the attached five year hay field lease agreement with Froud Farms for approximately 63.8 acres of meadows at Lake Fayetteville, Madison Natural Area, Kessler Park, and Combs Park to Froud Farms for the amount of $102.00 per year and further authorizes Froud Farms to mow or bale hay at other park properties as needed for the amount of $1.00 per bale. Page 1 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2025-387 Item ID 4/15/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/19/2025 PARKS OPERATIONS (521) Submitted Date Division / Department Action Recommendation: A resolution to approve a lease agreement with Froud Farms for about 63.8 acres of City Park land for the sole purpose of cutting hay for the amount of $102.00 per year and to cut hay on other park properties as needed for $1.00 per bale. 1010.520.5250-4405.01 Account Number N/A Project Number Budgeted Item? Yes Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget General Fund N/A Project Title $ 2,500.00 $ 2,500.00 j 2,500.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Resolution 154-20 Change Order Number: Original Contract Number: Comments: Approval Date: 6/4/2020 CITY OF FAYETTEVILLE ARKANS ARKANSAS BID TABULATION Bid 25-28, Hay Fields Lease - Parks and Recreation DEADLINE: Thursday, February 13, 2025 at 2:00 PM Froud Farms Total $102.00 uom Unit Extended Hay Lease on 4 Parcels that total approximately 63.8 acres on City of Fayetteville Parks Land 1 Year $102.00 $102,00 1.1 Hay Lease on Parcel A -19.9 acres 1 Year $1.00 12 Hay Lease on Parcel B - 6 acres 1 Year $1.00 1.3 Hay Lease on Parcel C - 15.1 acres 1 Year $50.00 1.4 Hay Lease on Parcel D - 22.8 acres 1 Year $50.00. Price per Bale for Additional Parcels 1 Bale $1.00 *NOTICE: Bid award is contingent upon supplier meeting minimum specifications and formal authorization by City Officials I3/25 Kenny Fitch, Sr. Procurement Agent AM CITY of City of Fayetteville FAYETTEVILLE IVM ARKANSAS Bid 25-28, Hay Fields Lease — Parks and Recreation Lease Agreement This contract (lease) executed this 15 day of April , 2025, between the City of Fayetteville, Arkansas (City), of 113 W. Mountain, Fayetteville, AR 72701 and Froud Farms of 566 E. Lee Froud Rd., Fayetteville, AR 72701 in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Property: The City of Fayetteville hereby leases to Froud Farms, and Froud Farms hereby leases from City, the following described property in Washington County, Arkansas (referred to as "leased property"): Approximately 63.8 acres or that portion of Park property marked on the maps entitled, "Parcel A, Parcel B. Parcel C. and Parcel D". attached hereto and made a part hereof. 2. Term: This lease shall be for a term of five (5) years commencing on the date of contract award by Fayetteville City Council in 2025 and ending on December 31, 2029. 3. PaVment: In consideration of the City leasing the above described property to Froud Farms for the aforesaid term, Froud Farms agrees to pay the City a total sum of $ 102.00 USD annually, on or before the 15t day of July of each year for the length of the lease. In addition, as needed, other parcels may be periodically identified and coordinated with the City to cut and remove hay, and in such instances Froud Farms agrees to pay the City 1.00 USD per bale. 4. Conditions: This lease shall be subject to the following conditions: a. This lease shall be for the sole purpose of removing hay from any or all of the above described property as marked as hayfield(s) on Parcel A, Parcel B, Parcel C, and Parcel D and/or any additional parcels as coordinated with the City and according to all terms and conditions and information contained in Bid 25-28. b. Froud Farms agrees that livestock shall not be permitted to enter upon any land owned by the City of Fayetteville, or the land included in this lease. c. Froud Farms shall keep and maintain the property covered by this lease in a good, acceptable condition; that they will keep all fence rows and drains free and clear of weeds, underbrush, and obstructions at all times. d. Froud Farms shall fertilize the leased lands on an annual basis according to soil test recommendations Froud Farms shall fertilize these leased areas with fertilizer approved by the Parks and Recreation Division prior to fertilization taking place. No poultry litter or other animal City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Contract: Froud Farms Page 1 of 3 manure may be applied as fertilizer. Fertilizer shall be applied in accordance to all local and state regulations. e. Froud Farms agrees to exercise caution and reasonable care during the cutting and removal of hay so that airport patrons, their property, and/or adjacent property owners are not injured or endangered. f. Froud Farms shall brush -hog, or keep the brush cut annually, from all areas not mowed for hay. g. Froud Farms shall not erect any structures or buildings on the leased property including, but not limited to, fences or gates, without written permission from the City and an amendment to this contract. h. Froud Farms shall not permit any public nuisance to exist on the leased property. L Froud Farms shall not cut, remove, or carry off nor allow to be cut, removed, or carried off, from the leased property any tree, rock, soil, or minerals, except for hay. Furthermore, Froud Farms agrees that they will not hunt or allow hunting by any person or persons on the leased property. j. Froud Farms agrees that the City, or its agents, shall have the right to enter the leased property when deemed necessary without notification, or compensation owed to Froud Farms. k. The City of Fayetteville shall have the right to grant easements on, over, and across the leased property. I. Fayetteville shall have the right to enter upon said land for the purpose of constructing and/or maintaining anything that Fayetteville in its own judgment may require without the necessity to notify, or of having to pay any compensation to the Froud Farms as damages by reason of the exercise of any of these rights and privileges. m. Froud Farms agrees to hold harmless and indemnify the City from any and all claims or damages caused by Froud Farms's activities on the leased property. n. Froud Farms shall not assign this Lease or sublet any part of the leased property without first obtaining written consent from the City of Fayetteville and an amendment to this contract. o. This agreement may be terminated by either party upon thirty (30) days written notice of termination to the other party. p. Froud Farms shall be responsible for any damages to the leased property caused by performance under this contract. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Contract: Froud Farms Page 2 of 3 5. Standard Federally Required Conditions: Under no circumstance shall this lease serve as an exclusive right to provide this service. The City of Fayetteville is prohibited by Federal Regulation/Grant Assurances V, Item C, Sponsor Certification 22 and 23, from granting exclusive privileges to provide services or conduct business. Froud Farms shall furnish services on a fair, equal, and not unjustly discriminatory basis to all users of the service provided. 6. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Sec.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and FROUD FARMS by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Molly Rawn, Mayor ATTEST: `` v`oRf$r9 By: Kara Paxton, City Clerk Treasurer Date Signed: 4/15/2025 City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Contract: Froud Farms Page 3 of 3 FROUD FARMS I By: ,� J ` - Signature _ d ✓ �_. By:-46o,(( ' V Printed Name and Title Date Signed: -3 E Jaro Own f f � � 0,100." ■ 'a �' lk Ir - E Ivey Ln _ fF ` �► Jr I � �- N I In >1 C MI l ,y ILL RI C J 1 1 l0 1 � � I 1 I 1 r J 1 1► Creek Rd Cleq� ; 1 0 250 500 Feet PARCEL A I CITY OF r, �� FAYETARKANS EVILLE ' ARKANSAS Lake Fayetteville Park The data omonad herein was compiled from various sources for the sole use antl benefit of the City of Fayetteville Geographic Information System and the public agencies It serves. Any Lease Area se of the data by anyone other than the City of Fayetteville is at Me sole nsk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for Approximately 19.9 ac damages of any nature, including the city', cost of rat .... asserted by user or by another sing from Me use of this data. The City of Fayetteville makes no ..press orimplied rt mees with reference to the data. No word, phrase, or clause found herein shall be Exhibit Al construed to waive that tort immunity set forth under Arkansas law. Created: 1/15/2025 Path: G:\GIS2\Projaots\2025\Hay Lease MapsUfay Lease Maps.apn< Ll6 . _ Lease Area Exhibit A3 X PARCEL C Combs Park Approximately 15.1 ac 0 i A CITY OF Gi MWFAYETTEVILLE ARKANSAS The data contained herein was compiled from various sources for the sole use antl benefit of the City of Fayetteville Geographic Information System antl the public agencies It serves. Any se of the data by anyone other than the City of Fayetteville is al Me sole nsk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city', cost of tlefense, asserted by user or by another sing from Me use of this data. The City of Fayetteville makes no expressorimplied rtantees with reference to the data. No word, phrase, or clause found herein sholl be construed to waive that tort immunity set forth under Arkansas law. Created: 1/15/2025 Path: G1GISZProjaotst2025\Hay Lease MapsUfay Lease Maps.ap, CITY OF WA FAYETTEVILLE ARKANSAS Bid 25-28 Froud farms Supplier Response Event Information Number: Bid 25-28 Title: Hay Fields for Lease - Parks and Recreation Type: Invitation to Bid Issue Date: 1/19/2025 Deadline: 2/13/2025 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors for the cut, bale, and hay removal on City Park land. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Procurement Director, at abeilfuss(a�fayetteville-ar.gov or by calling (479) 575-8220. Contact Information Contact: Amanda Beilfuss Address: Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 3 pages Vendor: Froud farms Bid 25-28 Froud farms Information Contact: Darrell Froud Address: 1750 Steele Rd Springdale, AR 72762 Phone: (479) 841-9651 Email: darrell9651 @yahoo.com By submitting your response, you certify that you are authorized to represent and bind your company. Darrell Froud Signature Submitted at 21812025 11:31:51 AM (CT) Requested Attachments Bid 25-28, Required Bid Form darrel19651 @yahoo.com Email Please attach your competed and signed Bid Form located in the 'Attachments' tab. Response Attachments doc12388720250208112454.pdf bid Bid Attributes doc12388720250208112454.pdf 1 Additional Parcels as Needed: Additional parcels may be identified as needed as coordinated with the City to be cut as the price per bale bid. Please put your price per bale for any additional parcels. $1 2 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Z Yes, I agree ❑ No, I don't agree 3 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 2 Yes, I agree ❑ No, I don't agree Page 2 of 3 pages Vendor: Froud farms Bid 25-28 4 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. ❑✓ 1 agree Bid Lines Package Header Hay Lease on 4 Parcels that total approximately 63.8 acres on City of Fayetteville Parks Land Quantity: 1 UOM: Year Total: $102.00 Item Notes: Please list your pricing as the pricing for 1 year. Package Items 1.1 Hay Lease on Parcel A - 19.9 acres Quantity: 1 UOM: Year Price: $1.00 Total: $1.00 1.2 Hay Lease on Parcel B - 6 acres Quantity: 1 UOM: Year Price: $1.00 Total: $1.00 1.3 Hay Lease on Parcel C - 15.1 acres Quantity: 1 UOM: Year Price: $50.00 Total: $50.00 1.4 Hay Lease on Parcel D - 22.8 acres Quantity: 1 UOM: Year Price: $50.00 Total: $50.00 Response Total: $102.00 Page 3 of 3 pages Vendor: Froud farms Bid 25-28 Y� C1 Y OF City of Fayetteville, Arkansas Purchasing Division — Room 306 FAYETTEVILLE 113 W, Mountain Fayetteville, AR 72701 A R KA N S►AS Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 25-28, Hay Fields for Lease — Parks and Recreation DEADLINE: Thursday, February 13, 2025 before 2:00 PM, Local Time SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@favetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 01/19/2025 INVITATION TO BID Bid 25-28, Hav Fields for Lease — Parks and Recreation No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested, failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 1 of 18 City of Fayetteville Bid 25-28, Hay Fields for Lease — Parks and Recreation Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 25-28, Hay Fields for Lease — Parks and Recreation The City of Fayetteville is seeking bids from qualified vendors for the cut, bale, and hay removal land. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City c Procurement Director, at abeilfuss@fayetteville-ar.Bov or by calling (479) 575-8220. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Divisiot bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Thursday, Febru before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed pl the City of Fayetteville, Purchasing Division address listed below. All bids are due before the Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted sho deadline at CityHall and livestrearned at hLL s: "www, outube.com user cit offa ettevi!lear. No I � ii v i i v v be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or i Bidder's technical equipment. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified sr and women business enterprises to bid on and receive contracts for goods, services, and constrt City of Fayetteville encourages all general contractors to subcontract portions of their contract small, minority and women business enterprises. All interested parties shall be qualified to do business and licensed in accordance with all applicabl state and local governments where the project is located. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone 1 the Contract for a period of time which shall not exceed beyond ninety calendar days from the date. City of Fayetteville By: Amanda Beilfuss, Procurement Director P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 01/19/2025 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $167.99 City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 2 of 18 City of Fayetteville Bid 25-28, Hay Fields for Lease — Parks and Recreation Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this bid, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 3 of 18 4. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 5. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 6. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 7. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 8. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. a 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 9. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 10. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 4 of 18 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: 3 6� *CITY: c4u *STATE: `- *ZIP: *PHONE: `'\ OG C_C �1 7c� L FAX: *E-MAIL: TAX ID NUMBER: 9JC - `� 1 {�? UNIQUE ENTITY#: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: 1 v *TITLE: �''� *DATE Acknowledge Addendums: Addendum No.A Dated: - 7— Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. _ Dated: Acknowledged by: City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 5 of 18 �V City of Fayetteville Bid 25-28, Hay Fields for Lease — Parks and Recreation General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevi Ilear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of Bidder's technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Division Office at 479.575.8256 to ensure correct receipt of bidding documents rp for to opening time and date listed on the bid form. e. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non-negotiable. Bidder's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. f. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. g. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Procurement Director. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 6 of 18 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. S. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Amanda Beilfuss, City Procurement Director, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF BID: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE BID OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 7 of 18 9. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this bid and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under this bid. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards; community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Bidder, by affixing their signature to this bid, agrees to the following: "bidder certifies that their bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 8 of 18 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a bid on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479,521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 9 of 18 b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a bid to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21, LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 10 of 18 will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract: No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss via e-mail (abeilfuss@fayetteville-ar.gov). No oral interpretation or clarifications will be given as to the meaning of any part of this bid. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 11 of 18 Any information provided herein is intended to assist the bidder in the preparation necessary to properly respond to this bid. The bid is designed to provide qualified Bidders with sufficient basic information to submit bids meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Bidder hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the ruies and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. ATTACHMENTS TO BID DOCUMENTS: i. Appendix A: Maps of Lease Areas CONTINUES ON NEXT PAGE City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 12 of 18 City of Fayetteville Bid 25-28, Hay Fields for Lease — Parks and Recreation Technical Specifications 1. GENERAL a. This solicitation involves the City of Fayetteville's desire to lease land for the single use of hay production by a third party. b. This lease includes approximately 63.8 acres, or that portion of Park property marked on the maps titled, "Exhibit Al, Exhibit A2, Exhibit A3, and Exhibit A4", attached hereto and made a part hereof in Washington County, Arkansas. c. This Lease shall be for a term of five (5) years commencing on the day approved by the Fayetteville City Council in 2025 and ending on December 31, 2029. d. In consideration of Fayetteville leasing the above described property to highest bidder for the aforesaid term, bidder agrees to pay Fayetteville a total Sum as presented on the bid form. e. Initial first term payment shall be made within seven (7) calendar days after Notice of Award and no later than July 01 each succeeding year while this lease is in effect. f. This lease shall be for the sole purpose of removing hay from any or all of the above described property as marked as hayfield(s) on Exhibit Al, Exhibit A2, Exhibit A3, and Exhibit A4 and/orany additional parcel as coordinated with the City and paid at the price per bale bid. Parcel A includes 19.9 acres located south of Ivey Ln and east of Crossover Rd. ii. Parcel B includes 6 acres located north of Madison Dr. just northwest of the intersection with Hartford Dr. iii. Parcel C includes 15.1 acres located north of Borick Dr. at Combs Park. iv. Parcel D includes 22.8 acres located west of Judge Cummings Rd. located at Kessler Mountain Regional Park. V. Additional Parcels may be identified as needed as coordinated with the City to be cut as the price per bale bid. g. Livestock shall not be permitted to enter upon any land owned by City of Fayetteville, or the land included in this lease. h. Baled hay shall be removed promptly. i. Bidder shall keep and maintain the property covered by this lease in a good condition; that he/she will keep all fence rows and drains free and clear of weeds, underbrush and obstructions at all times. Bidder shall not worsen or knowingly permit any public nuisance to exist on park land and shall use care to prevent rutting or damage to all park areas. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 13 of 18 j. Bidder shall fertilize said lands as needed according to soil test recommendations. Bidder shall fertilize these leased areas with fertilizer approved by the Parks and Recreation Department prior to fertilization taking place. No poultry litter or other animal manure may be applied as fertilizer. Fertilizer shall be applied in accordance to all local and state regulations. k. Bidder shall brush -hog or otherwise keep the brush cut annually from all areas not mowed for hay. I. Removal of downed trees and limbs from the haying area should only commence upon approval from the Parks Department. m. Gates shall be locked at all times. n. Bidder shall not erect any structures of any nature whatsoever on said property including additional fences or gates without explicit written permission from the City. o. Bidder agrees to exercise caution and reasonable care during cutting and removal of hay so that park patrons or adjacent property owners are not injured or endangered. p. Bidder shall not cut, remove, or carry off nor allow to be cut, removed, or carried off, from said above described lands any tree, soil, rock, or minerals of any kind whatsoever, except for hay. q. Bidder specifically agrees that he/she will not hunt or allow hunting by any person or persons on said leased property. r. Bidder agrees that Fayetteville, or its agents, shall always have the right to enter upon said property for the purposes of inspecting property. s. City of Fayetteville shall have the right of granting easements for any purpose on, over, and across said property. t. Fayetteville shall have the right to enter upon said land for the purpose of constructing and/or maintaining anything that Fayetteville in its own judgment may require without the necessity to notify, or of having to pay any compensation to the bidder as damages by reason of the exercise of any of these rights and privileges. u. Bidder hereby agrees to hold harmless and indemnify Fayetteville from any and all claims or damages occasioned by or arising from bidder's activities upon the above described property. v. Bidder shall not assign this Lease or sublet any part of the above described property without first obtaining the written consent of Fayetteville. w. Lease agreement may be terminated by either party upon thirty (30) days written notice of termination to the other party. Notice as provided for herein shall be sufficient if sent by Certified Mail, as completed and agreed upon the final lease agreement. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 14 of 18 Standard Federally Required Conditions. Under no circumstances is this lease an exclusive right to provide this service. Fayetteville is prohibited by Federal Regulation/Grant Assurances V, Item C, Sponsor Certification 22 and 23, from granting exclusive privileges to provide services or conduct business. (NAME) shall furnish services on a fair, equal and not unjustly discriminatory basis to all users of the service provided. END OF TECHNICAL SPECIFICATIONS City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 15 of 18 Aft CITY OF City of Fayetteville FAYETTEVILLE Bid 25-28, Hay Fields Lease — Parks and Recreation ARKANSAS Sample Lease Agreement This contract (lease) executed this day of 2025, between the City of Fayetteville, Arkansas (City), of 113 W. Mountain, Fayetteville, AR 72701 and **NAME** of ***ADDRESS*** in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Property: The City of Fayetteville hereby leases to **NAME** , and **NAME** hereby leases from City, the following described property in Washington County, Arkansas (referred to as "leased property"): Approximately 63.8 acres or, that portion of Park property marked on the maps entitled, "Exhibit Al, Exhibit A2, Exhibit A3, and Exhibit A4", attached hereto and made a part hereof. 2. Term: This lease shall be for a term of five (5) years commencing on the date of contract award by Fayetteville City Council in 2025 and ending on December 31, 2029. 3. Payment: In consideration of the City leasing the above described property to **NAME** for the aforesaid term, **NAME** agrees to pay the City a total sum of $ USD annually, on or before the 11t day of July of each year for the length of the lease. In addition, as needed, other parcels may be periodically identified and coordinated with the City to cut and remove hay, and in such instances **NAME** agrees to pay the City $ USD per bale. 4. Conditions: This lease shall be subject to the following conditions: a. This lease shall be for the sole purpose of removing hay from any or all of the above described property as marked as hayfield(s) on Exhibit Al, Exhibit A2, Exhibit A3, and Exhibit A4 and/or any additional parcels as coordinated with the City and according to all terms and conditions and information contained in Bid 25-28. b. **NAME** agrees that livestock shall not be permitted to enter upon any land owned by the City of Fayetteville, or the land included in this lease. C. **NAME** shall keep and maintain the property covered by this lease in a good, acceptable condition; that they will keep all fence rows and drains free and clear of weeds, underbrush, and obstructions at all times. d. **NAME** shall fertilize the leased lands on an annual basis according to soil test recommendations. **NAME** shall fertilize these leased areas with fertilizer approved by City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 16 of 18 the Parks and Recreation Division prior to fertilization taking place. No poultry litter or other animal manure may be applied as fertilizer. Fertilizer shall be applied in accordance to all local and state regulations. e. **NAME** agrees to exercise caution and reasonable care during the cutting and removal of hay so that airport patrons, their property, and/or adjacent property owners are not injured or endangered. f. **NAME** _shall brush -hog; or keep the brush cut annually, from all areas not mowed for hay. g. **NAME** shall not erect any structures or buildings on the leased property including, but not limited to, fences or gates, without written permission from the City and an amendment to this contract. h. **NAME** shall not permit any public nuisance to exist on the leased property. **NAME** shall not cut, remove, or carry off nor allow to be cut, removed, or carried off, from the leased property any tree, rock, soil, or minerals, except for hay. Furthermore, **NAME** agrees that they will not hunt or allow hunting by any person, or persons on the leased property. j. **NAME** agrees that the City, or its agents, shall have the right to enter the leased property when deemed necessary without notification, or compensation owed to **NAME** k. The City of Fayetteville shall have the right to grant easements on, over, and across the leased property. Fayetteville shall have the right to enter upon said land for the purpose of constructing and/or maintaining anything that Fayetteville in its own judgment may require without the necessity to notify, or of having to pay any compensation to the **NAME** as damages by reason of the exercise of any of these rights and privileges. M. **NAME** agrees to hold harmless and indemnify the City from any and all claims or damages caused by **NAME** 's activities on the leased property. n. **NAME** shall not assign this Lease or sublet any part of the leased property without first obtaining written consent from the City of Fayetteville and an amendment to this contract. o. This agreement may be terminated by either party upon thirty (30) days written notice of termination to the other party. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 17 of 18 P. **NAME** shall be responsible for any damages to the leased property caused by performance under this contract. S. Standard Federally Required Conditions: Under no circumstance shall this lease serve as an exclusive right to provide this service. The City of Fayetteville is prohibited by Federal Regulation/Grant Assurances V, Item C, Sponsor Certification 22 and 23, from granting exclusive privileges to provide services or conduct business. Ann Harbison shall furnish services on a fair, equal, and not unjustly discriminatory basis to all users of the service provided. 6. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETfEVILLE, ARKANSAS by and through its Mayor, and **NAME** by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETrEVILLE, ARKANSAS By: Molly A. Rawn, Mayor ATTEST: Bv: Kara Paxton, City Clerk Date Signed: City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 18 of 18 **NAME** By: Signature By: Printed Name and Title Date Signed: k 1 �•Fk 4 Lo yf . 0 250 500 Feet PARCEL ® CITY OF Gig 0 FAYETTEViLLE ARKANSAS Kessler Mountain _.r...:...... �.,.� Tha data mntmnad herein was camptled hum vedous source, la the sda uce aM benelN of 1 /� Lease Area the City of Fxyalleville Geographic Inlormalion Syskm aM Ilw public agencies It serves Any _ of the data by anyone plher tan the Cay of Fayelleville is al the sole risk of Iha ua,, and I by acceptance of this data, to usm aces h—by Agree t indemnify pte City at Fayanevale and Approximately 22.8 ae hold the City of Fayolleville h—I... Irom dad without Iiablllly for any datta, actions. — lot da mageIrom . of any nature, Including the city'. coal of defense, maeded by user or by another amg the use of tls data TM City of Fayeuevitle makes nu expiass or Impti .rd- with W.—W the data. Nu w rd, phrase, of o— found,ahall be Exhibit A4 on.t—d to wand 1.1 Ipa Immunity sat IuM urdet Arkansas law Created: 1111=25 PatG'tGIS2WropcIA=25Vfay Lease MapslHay Loose Maps aprx �Y r 'd. a Lease Area l Exhibit A3 t 1 Aj r. low Ig PARCEL C Combs Park Approximately 15.1 ac 0 ; 250 500 Feet i f CITY OF WOO FAYETTri BE.Li:. ARKANSAS The data do-Ined herein was compiled from —wuz sources for the sole use ana benehl of the C,ty of Fayedevilla GaograyrJc Inlolmagon Syslom aM Iha public agenciea it servos Any e of the data by anyone ether Non the Cily of Fayatleville is at the sale risk of the user: end by accapt— of Ihia data. Ne user dons hereby agree to indemnify Ne Cily of Feyelleville and bold Ne City of Fayetlaville haimldss Isom and wiNoul liability Im any claims, acllons, cost for damages of any nature. including Ne Oy'z wst of defense, weaned by us or or by anothe, arislnrj Irom Ina u e al Ihia Bala The Cily al fayellevilla makes na e.'ass of impl'red con—do with reference to Iho date. No word, phmsa, or dauw Ipund herein shall be saued to waive Thal ton knmunily sat faM under Arkansas law C-1.,1: 111 M1025 PathG:\GISOP"cla\ Malay Leow Mops\Hay Lean Maps aprx to . g �r a CL w 0*a a) e+, r N FS fey .- s E f'„ ~ •' t T04 5r. Josephgat jet Es Chadwick a j,` xAil � i" 71 '0 IVnr L for a' ze ./ . 7t .B110ccardd'1 I '� Az `. �� _ -• - ill 1 }, to (• 1,.'O. i y � �, � >r � . , �. ' °! y�►_" I Ems, "`�,�'-. y; ,_� � fn � � E'6herokce Drcy w s tot E.Arapaho Dr 0 250 500 Feet PARCEL B •., FAYETTEVILLE J e� � "�:, ARKANSAS Madison Natural Area M data can fined herein was ompited from MnyLevroxiudce aol the sob b uCtyd Fayet1 111 Georaphic nfabaSytnk of Nxe ucer, Aa ase Area he data byayoother Than thCdyal Fayelevlo by _plance d Nis data, the— dads hereby agree b. indemnify the Chy of Fayellevillo and Add the Chy of Fay.l ill. harmless from and w th-t liability for any Gaima, aclians, coal for Approximately 6.0 ac damages of any nature, including the hy', — f defer.., asserted by uxr o1 by another taiB' ham the u e of this data. The City of Fayellevillo m.k., no espreas o implied Exhibit /"1 p anlees with M.­. to Na data. No ward, phrax, of clause found M ruin rshalt o..l daaw w, 11,a11or11mmunily seb foM UMerAAansas law Croaled: 111512025 Path: G-1GI52UP *ct t1 125 y Leax W,P,,Hay Lease M ps Arimendix A. cs811 r. Vs f Ln �r e '9. j �- - r gf 00 f 1 e�, - i" , 1 , I 0 250 500 Feet PARCEL A FAYE.-TEVILLE ARKAN ARKliNSAS Lake Fayetteville Park The dada ront.med bereln was wmpfletl ham varwus soave for Ibe sole use end bnnabl of f '1 Lease Area IM Clly of Fayalleallle Geographic Inkninalian Syatem and the publc aganciea II sorvoa Any um of bwal d. by anyone other 0111 Ill CRY of Fayelleville Is al Iha sole risk al the user, and z by accoptance of tits dada, Iha use, duel horeby agree W b,Jwnnify the CRY.( Fayedluville anJ Approximately 1 9.9 ac hold the City of Fayelleville harmleaa Irom end wihoul liability Iw any dims. ecliwre, coal for Oamagas ai any nature, loduding Ill cd)(I coal of detonse, asserted by user or by anotho, rtsirg hom gw u e of Ihis data TM Cily ,f Fnyedavilla makes no express or implied antaaa with ral,— to he dale. No word, phrebe, or cleuae lound hwoin shall M Exhibit Al co%hued to waive Thal dart Immunity eel lordr antler Arsansaa law. Creadad. 1116=25 PelhG:\GIS21PnbMda12h251Hay Lose M.p dlay Lease M,ldi wrx Y� C1 Y OF City of Fayetteville, Arkansas Purchasing Division — Room 306 FAYETTEVILLE 113 W, Mountain Fayetteville, AR 72701 A R KA N S►AS Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 25-28, Hay Fields for Lease — Parks and Recreation DEADLINE: Thursday, February 13, 2025 before 2:00 PM, Local Time SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@favetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 01/19/2025 INVITATION TO BID Bid 25-28, Hav Fields for Lease — Parks and Recreation No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested, failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 1 of 18 City of Fayetteville Bid 25-28, Hay Fields for Lease — Parks and Recreation Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 25-28, Hay Fields for Lease — Parks and Recreation The City of Fayetteville is seeking bids from qualified vendors for the cut, bale, and hay removal land. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City c Procurement Director, at abeilfuss@fayetteville-ar.Bov or by calling (479) 575-8220. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Divisiot bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Thursday, Febru before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed pl the City of Fayetteville, Purchasing Division address listed below. All bids are due before the Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted sho deadline at CityHall and livestrearned at hLL s: "www, outube.com user cit offa ettevi!lear. No I � ii v i i v v be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or i Bidder's technical equipment. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified sr and women business enterprises to bid on and receive contracts for goods, services, and constrt City of Fayetteville encourages all general contractors to subcontract portions of their contract small, minority and women business enterprises. All interested parties shall be qualified to do business and licensed in accordance with all applicabl state and local governments where the project is located. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone 1 the Contract for a period of time which shall not exceed beyond ninety calendar days from the date. City of Fayetteville By: Amanda Beilfuss, Procurement Director P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 01/19/2025 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $167.99 City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 2 of 18 City of Fayetteville Bid 25-28, Hay Fields for Lease — Parks and Recreation Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this bid, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 3 of 18 4. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 5. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 6. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 7. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 8. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. a 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 9. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 10. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 4 of 18 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: 3 6� *CITY: c4u *STATE: `- *ZIP: *PHONE: `'\ OG C_C �1 7c� L FAX: *E-MAIL: TAX ID NUMBER: 9JC - `� 1 {�? UNIQUE ENTITY#: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: 1 v *TITLE: �''� *DATE Acknowledge Addendums: Addendum No.A Dated: - 7— Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. _ Dated: Acknowledged by: City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 5 of 18 �V City of Fayetteville Bid 25-28, Hay Fields for Lease — Parks and Recreation General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevi Ilear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of Bidder's technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Division Office at 479.575.8256 to ensure correct receipt of bidding documents rp for to opening time and date listed on the bid form. e. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non-negotiable. Bidder's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. f. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. g. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Procurement Director. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 6 of 18 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. S. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Amanda Beilfuss, City Procurement Director, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF BID: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE BID OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 7 of 18 9. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this bid and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under this bid. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards; community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Bidder, by affixing their signature to this bid, agrees to the following: "bidder certifies that their bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 8 of 18 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a bid on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479,521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 9 of 18 b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a bid to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21, LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 10 of 18 will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract: No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss via e-mail (abeilfuss@fayetteville-ar.gov). No oral interpretation or clarifications will be given as to the meaning of any part of this bid. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 11 of 18 Any information provided herein is intended to assist the bidder in the preparation necessary to properly respond to this bid. The bid is designed to provide qualified Bidders with sufficient basic information to submit bids meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Bidder hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the ruies and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. ATTACHMENTS TO BID DOCUMENTS: i. Appendix A: Maps of Lease Areas CONTINUES ON NEXT PAGE City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 12 of 18 City of Fayetteville Bid 25-28, Hay Fields for Lease — Parks and Recreation Technical Specifications 1. GENERAL a. This solicitation involves the City of Fayetteville's desire to lease land for the single use of hay production by a third party. b. This lease includes approximately 63.8 acres, or that portion of Park property marked on the maps titled, "Exhibit Al, Exhibit A2, Exhibit A3, and Exhibit A4", attached hereto and made a part hereof in Washington County, Arkansas. c. This Lease shall be for a term of five (5) years commencing on the day approved by the Fayetteville City Council in 2025 and ending on December 31, 2029. d. In consideration of Fayetteville leasing the above described property to highest bidder for the aforesaid term, bidder agrees to pay Fayetteville a total Sum as presented on the bid form. e. Initial first term payment shall be made within seven (7) calendar days after Notice of Award and no later than July 01 each succeeding year while this lease is in effect. f. This lease shall be for the sole purpose of removing hay from any or all of the above described property as marked as hayfield(s) on Exhibit Al, Exhibit A2, Exhibit A3, and Exhibit A4 and/orany additional parcel as coordinated with the City and paid at the price per bale bid. Parcel A includes 19.9 acres located south of Ivey Ln and east of Crossover Rd. ii. Parcel B includes 6 acres located north of Madison Dr. just northwest of the intersection with Hartford Dr. iii. Parcel C includes 15.1 acres located north of Borick Dr. at Combs Park. iv. Parcel D includes 22.8 acres located west of Judge Cummings Rd. located at Kessler Mountain Regional Park. V. Additional Parcels may be identified as needed as coordinated with the City to be cut as the price per bale bid. g. Livestock shall not be permitted to enter upon any land owned by City of Fayetteville, or the land included in this lease. h. Baled hay shall be removed promptly. i. Bidder shall keep and maintain the property covered by this lease in a good condition; that he/she will keep all fence rows and drains free and clear of weeds, underbrush and obstructions at all times. Bidder shall not worsen or knowingly permit any public nuisance to exist on park land and shall use care to prevent rutting or damage to all park areas. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 13 of 18 j. Bidder shall fertilize said lands as needed according to soil test recommendations. Bidder shall fertilize these leased areas with fertilizer approved by the Parks and Recreation Department prior to fertilization taking place. No poultry litter or other animal manure may be applied as fertilizer. Fertilizer shall be applied in accordance to all local and state regulations. k. Bidder shall brush -hog or otherwise keep the brush cut annually from all areas not mowed for hay. I. Removal of downed trees and limbs from the haying area should only commence upon approval from the Parks Department. m. Gates shall be locked at all times. n. Bidder shall not erect any structures of any nature whatsoever on said property including additional fences or gates without explicit written permission from the City. o. Bidder agrees to exercise caution and reasonable care during cutting and removal of hay so that park patrons or adjacent property owners are not injured or endangered. p. Bidder shall not cut, remove, or carry off nor allow to be cut, removed, or carried off, from said above described lands any tree, soil, rock, or minerals of any kind whatsoever, except for hay. q. Bidder specifically agrees that he/she will not hunt or allow hunting by any person or persons on said leased property. r. Bidder agrees that Fayetteville, or its agents, shall always have the right to enter upon said property for the purposes of inspecting property. s. City of Fayetteville shall have the right of granting easements for any purpose on, over, and across said property. t. Fayetteville shall have the right to enter upon said land for the purpose of constructing and/or maintaining anything that Fayetteville in its own judgment may require without the necessity to notify, or of having to pay any compensation to the bidder as damages by reason of the exercise of any of these rights and privileges. u. Bidder hereby agrees to hold harmless and indemnify Fayetteville from any and all claims or damages occasioned by or arising from bidder's activities upon the above described property. v. Bidder shall not assign this Lease or sublet any part of the above described property without first obtaining the written consent of Fayetteville. w. Lease agreement may be terminated by either party upon thirty (30) days written notice of termination to the other party. Notice as provided for herein shall be sufficient if sent by Certified Mail, as completed and agreed upon the final lease agreement. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 14 of 18 Standard Federally Required Conditions. Under no circumstances is this lease an exclusive right to provide this service. Fayetteville is prohibited by Federal Regulation/Grant Assurances V, Item C, Sponsor Certification 22 and 23, from granting exclusive privileges to provide services or conduct business. (NAME) shall furnish services on a fair, equal and not unjustly discriminatory basis to all users of the service provided. END OF TECHNICAL SPECIFICATIONS City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 15 of 18 Aft CITY OF City of Fayetteville FAYETTEVILLE Bid 25-28, Hay Fields Lease — Parks and Recreation ARKANSAS Sample Lease Agreement This contract (lease) executed this day of 2025, between the City of Fayetteville, Arkansas (City), of 113 W. Mountain, Fayetteville, AR 72701 and **NAME** of ***ADDRESS*** in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Property: The City of Fayetteville hereby leases to **NAME** , and **NAME** hereby leases from City, the following described property in Washington County, Arkansas (referred to as "leased property"): Approximately 63.8 acres or, that portion of Park property marked on the maps entitled, "Exhibit Al, Exhibit A2, Exhibit A3, and Exhibit A4", attached hereto and made a part hereof. 2. Term: This lease shall be for a term of five (5) years commencing on the date of contract award by Fayetteville City Council in 2025 and ending on December 31, 2029. 3. Payment: In consideration of the City leasing the above described property to **NAME** for the aforesaid term, **NAME** agrees to pay the City a total sum of $ USD annually, on or before the 11t day of July of each year for the length of the lease. In addition, as needed, other parcels may be periodically identified and coordinated with the City to cut and remove hay, and in such instances **NAME** agrees to pay the City $ USD per bale. 4. Conditions: This lease shall be subject to the following conditions: a. This lease shall be for the sole purpose of removing hay from any or all of the above described property as marked as hayfield(s) on Exhibit Al, Exhibit A2, Exhibit A3, and Exhibit A4 and/or any additional parcels as coordinated with the City and according to all terms and conditions and information contained in Bid 25-28. b. **NAME** agrees that livestock shall not be permitted to enter upon any land owned by the City of Fayetteville, or the land included in this lease. C. **NAME** shall keep and maintain the property covered by this lease in a good, acceptable condition; that they will keep all fence rows and drains free and clear of weeds, underbrush, and obstructions at all times. d. **NAME** shall fertilize the leased lands on an annual basis according to soil test recommendations. **NAME** shall fertilize these leased areas with fertilizer approved by City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 16 of 18 the Parks and Recreation Division prior to fertilization taking place. No poultry litter or other animal manure may be applied as fertilizer. Fertilizer shall be applied in accordance to all local and state regulations. e. **NAME** agrees to exercise caution and reasonable care during the cutting and removal of hay so that airport patrons, their property, and/or adjacent property owners are not injured or endangered. f. **NAME** _shall brush -hog; or keep the brush cut annually, from all areas not mowed for hay. g. **NAME** shall not erect any structures or buildings on the leased property including, but not limited to, fences or gates, without written permission from the City and an amendment to this contract. h. **NAME** shall not permit any public nuisance to exist on the leased property. **NAME** shall not cut, remove, or carry off nor allow to be cut, removed, or carried off, from the leased property any tree, rock, soil, or minerals, except for hay. Furthermore, **NAME** agrees that they will not hunt or allow hunting by any person, or persons on the leased property. j. **NAME** agrees that the City, or its agents, shall have the right to enter the leased property when deemed necessary without notification, or compensation owed to **NAME** k. The City of Fayetteville shall have the right to grant easements on, over, and across the leased property. Fayetteville shall have the right to enter upon said land for the purpose of constructing and/or maintaining anything that Fayetteville in its own judgment may require without the necessity to notify, or of having to pay any compensation to the **NAME** as damages by reason of the exercise of any of these rights and privileges. M. **NAME** agrees to hold harmless and indemnify the City from any and all claims or damages caused by **NAME** 's activities on the leased property. n. **NAME** shall not assign this Lease or sublet any part of the leased property without first obtaining written consent from the City of Fayetteville and an amendment to this contract. o. This agreement may be terminated by either party upon thirty (30) days written notice of termination to the other party. City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 17 of 18 P. **NAME** shall be responsible for any damages to the leased property caused by performance under this contract. S. Standard Federally Required Conditions: Under no circumstance shall this lease serve as an exclusive right to provide this service. The City of Fayetteville is prohibited by Federal Regulation/Grant Assurances V, Item C, Sponsor Certification 22 and 23, from granting exclusive privileges to provide services or conduct business. Ann Harbison shall furnish services on a fair, equal, and not unjustly discriminatory basis to all users of the service provided. 6. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETfEVILLE, ARKANSAS by and through its Mayor, and **NAME** by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETrEVILLE, ARKANSAS By: Molly A. Rawn, Mayor ATTEST: Bv: Kara Paxton, City Clerk Date Signed: City of Fayetteville, AR Bid 25-28, Hay Fields for Lease — Parks and Recreation Page 18 of 18 **NAME** By: Signature By: Printed Name and Title Date Signed: k 1 �•Fk 4 Lo yf . 0 250 500 Feet PARCEL ® CITY OF Gig 0 FAYETTEViLLE ARKANSAS Kessler Mountain _.r...:...... �.,.� Tha data mntmnad herein was camptled hum vedous source, la the sda uce aM benelN of 1 /� Lease Area the City of Fxyalleville Geographic Inlormalion Syskm aM Ilw public agencies It serves Any _ of the data by anyone plher tan the Cay of Fayelleville is al the sole risk of Iha ua,, and I by acceptance of this data, to usm aces h—by Agree t indemnify pte City at Fayanevale and Approximately 22.8 ae hold the City of Fayolleville h—I... Irom dad without Iiablllly for any datta, actions. — lot da mageIrom . of any nature, Including the city'. coal of defense, maeded by user or by another amg the use of tls data TM City of Fayeuevitle makes nu expiass or Impti .rd- with W.—W the data. Nu w rd, phrase, of o— found,ahall be Exhibit A4 on.t—d to wand 1.1 Ipa Immunity sat IuM urdet Arkansas law Created: 1111=25 PatG'tGIS2WropcIA=25Vfay Lease MapslHay Loose Maps aprx �Y r 'd. a Lease Area l Exhibit A3 t 1 Aj r. low Ig PARCEL C Combs Park Approximately 15.1 ac 0 ; 250 500 Feet i f CITY OF WOO FAYETTri BE.Li:. ARKANSAS The data do-Ined herein was compiled from —wuz sources for the sole use ana benehl of the C,ty of Fayedevilla GaograyrJc Inlolmagon Syslom aM Iha public agenciea it servos Any e of the data by anyone ether Non the Cily of Fayatleville is at the sale risk of the user: end by accapt— of Ihia data. Ne user dons hereby agree to indemnify Ne Cily of Feyelleville and bold Ne City of Fayetlaville haimldss Isom and wiNoul liability Im any claims, acllons, cost for damages of any nature. including Ne Oy'z wst of defense, weaned by us or or by anothe, arislnrj Irom Ina u e al Ihia Bala The Cily al fayellevilla makes na e.'ass of impl'red con—do with reference to Iho date. No word, phmsa, or dauw Ipund herein shall be saued to waive Thal ton knmunily sat faM under Arkansas law C-1.,1: 111 M1025 PathG:\GISOP"cla\ Malay Leow Mops\Hay Lean Maps aprx to . g �r a CL w 0*a a) e+, r N FS fey .- s E f'„ ~ •' t T04 5r. Josephgat jet Es Chadwick a j,` xAil � i" 71 '0 IVnr L for a' ze ./ . 7t .B110ccardd'1 I '� Az `. �� _ -• - ill 1 }, to (• 1,.'O. i y � �, � >r � . , �. ' °! y�►_" I Ems, "`�,�'-. y; ,_� � fn � � E'6herokce Drcy w s tot E.Arapaho Dr 0 250 500 Feet PARCEL B •., FAYETTEVILLE J e� � "�:, ARKANSAS Madison Natural Area M data can fined herein was ompited from MnyLevroxiudce aol the sob b uCtyd Fayet1 111 Georaphic nfabaSytnk of Nxe ucer, Aa ase Area he data byayoother Than thCdyal Fayelevlo by _plance d Nis data, the— dads hereby agree b. indemnify the Chy of Fayellevillo and Add the Chy of Fay.l ill. harmless from and w th-t liability for any Gaima, aclians, coal for Approximately 6.0 ac damages of any nature, including the hy', — f defer.., asserted by uxr o1 by another taiB' ham the u e of this data. The City of Fayellevillo m.k., no espreas o implied Exhibit /"1 p anlees with M.­. to Na data. No ward, phrax, of clause found M ruin rshalt o..l daaw w, 11,a11or11mmunily seb foM UMerAAansas law Croaled: 111512025 Path: G-1GI52UP *ct t1 125 y Leax W,P,,Hay Lease M ps Arimendix A. cs811 r. Vs f Ln �r e '9. j �- - r gf 00 f 1 e�, - i" , 1 , I 0 250 500 Feet PARCEL A FAYE.-TEVILLE ARKAN ARKliNSAS Lake Fayetteville Park The dada ront.med bereln was wmpfletl ham varwus soave for Ibe sole use end bnnabl of f '1 Lease Area IM Clly of Fayalleallle Geographic Inkninalian Syatem and the publc aganciea II sorvoa Any um of bwal d. by anyone other 0111 Ill CRY of Fayelleville Is al Iha sole risk al the user, and z by accoptance of tits dada, Iha use, duel horeby agree W b,Jwnnify the CRY.( Fayedluville anJ Approximately 1 9.9 ac hold the City of Fayelleville harmleaa Irom end wihoul liability Iw any dims. ecliwre, coal for Oamagas ai any nature, loduding Ill cd)(I coal of detonse, asserted by user or by anotho, rtsirg hom gw u e of Ihis data TM Cily ,f Fnyedavilla makes no express or implied antaaa with ral,— to he dale. No word, phrebe, or cleuae lound hwoin shall M Exhibit Al co%hued to waive Thal dart Immunity eel lordr antler Arsansaa law. Creadad. 1116=25 PelhG:\GIS21PnbMda12h251Hay Lose M.p dlay Lease M,ldi wrx