County of Ingham. Request for Proposals Packet # Consulting Services for the Ingham County Farmland & Open Space Preservation Board

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1 County of Ingham Request for Proposals Packet #88-13 Consulting Services for the Ingham County Farmland & Open Space Preservation Board Sealed Proposals Due: November 12, 2013 Proposals shall be delivered to the: Ingham County Purchasing Department P.O. Box 319 Mason, Michigan Phone: (517)

2 1.0 INTRODUCTION Ingham County solicits proposals from qualified and experienced consultants for the purpose of providing administrative and technical assistance to, and serving in the capacity as Director of, the Ingham County Farmland and Open Space Preservation Board (FOSPB). Contractors interested in being considered must be an independent contractor with relevant education and experience in the implementation of farmland and open space preservation ordinances and/or administration of farmland preservation programs. 2.0 BACKGROUND In keeping with its goal of providing for the effective long-term protection and preservation of farmland in Ingham County from the pressure of increasing residential and commercial development, the Ingham County Board of Commissioners adopted the Ingham County Farmland Purchase of Development Rights Ordinance in July The Ordinance authorized the establishment of the Ingham County Agricultural Preservation Board to oversee the Farmland Preservation Program. In 2008, a 10-year millage ( ) passed by the voters of Ingham County provided the funding source to ensure adequate implementation of the Purchase of Development Rights Ordinance. This millage raised approximately $1,056,323 for farmland and open space preservation in the first year. Ingham County adopted the Ingham County Open Space Purchase of Development Rights Ordinance in 2009 which created the Ingham County Open Space Preservation Program, and authorized the purchase of development rights and the placement of conservation easements on open space land by the County. For reasons of efficiency and effectiveness, the Board of Commissioners renamed the Ingham County Agricultural Preservation Board as the Ingham County Farmland and Open Space Preservation Board (FOSPB). The FOSPB oversees Ingham County's Farmland Preservation Program and upon the approval of the Board of Commissioners is responsible for: establishing selection criteria for the ranking applications to the program; establishment of a points-based appraisal formula for determining the value of the agricultural conservation easements; reviewing and providing oversight in scoring application; ranking the top scoring applications and making recommendations to the Board; approving restrictions and permitted uses under the agricultural conservation easement; establishing the price to be offered to the property owner; establishing monitoring procedures; and, overseeing subsequent monitoring to ensure compliance with the agricultural conservation easement. 3.0 SCOPE OF SERVICES The purpose of the Director of the Farmland and Open Space Preservation Board is to develop and 2

3 implement a structure for purchasing Permanent Conservation Easement Deeds on farmland and open space lands, as outlined in the Ingham County Farmland Purchase of Development Rights Ordinance No and the Ingham County Open Space Purchase of Development Rights Ordinance No The Director assists in the development and implementation of land conservation programs consistent with the FOSP Board s organizational mission, conservation initiatives through new programs and strategic partnerships and with developing and maintaining a conservation vision, which identifies and prioritizes areas where land conservation efforts should be focused. More specifically, the Director oversees all aspects of the Farmland and Open Space Preservation Program including, but not limited to: development of the Selection Criteria, scoring and ranking applications, landowner assistance, advising the FOSP Board, all due diligence associated with closing and recording the Deed of Easements, overseeing and coordinating all contractors leading to closing, seeking matching funds from various sources, coordinates with the U.S. Office of General Counsel to fulfill all closing requirements associated with the use of federal matching dollars and work with County Departments including policy recommendations to the County Board of Commissioners. In addition to the structure of the purchase of Conservation Easements, the Director also works closely with community and stakeholder groups on program and outreach efforts that directly or indirectly impact farmland and open space preservation in Ingham County. Additionally, the Director has the following responsibilities: 1. Coordinates and advises the Farmland and Open Space Preservation Board a) Implement the strategic vision for the organization, with Board and county staff participation to increase its effectiveness and visibility in farmland and open space conservation in the county and state; b) Implementation of Farmland Ordinance and Open Space Ordinance; c) Liaison between FOSP Board and Board of Commissioners; d) Assist with Board development and recruitment; e) Monitor all FOSP Board activities and provide timely reports to the Board; f) Work with the Board and county staff to implement FOSPB s strategic plans for organizational development and land conservation; g) Be accountable for achieving FOSPB s conservation and financial goals; h) Exercise senior management responsibility for implementing the policies and programs approved by the FOSP Board. 2. Oversees Easement Closing a) Evaluate prospective easement projects for consistency with FOSP Board s mission and programs; b) Assist in the preparation of baseline documentation for new projects and monitor properties protected by Permanent Conservation Easement Deeds according to organizational policy and procedures; 3

4 c) Establish and maintain positive relationships and communications with landowners, agricultural producers, and organizational partners; d) Take an active interest in agricultural issues and promote FOSPB s mission to support local agriculture; e) Utilize property databases and GIS data and output as needed. Create maps for Stewardship projects and organizational needs in collaboration with the County Equalization Tax Mapping division; f) Maintain files and documentation according to records management policy and procedures; g) Coordinates with Federal Farm and Ranch Land Protection Program; and, h) Oversees entire process from application to reimbursement. 3. Oversees and administers FOSP Program $1 million budget a) Prepare FOSP s annual budget; b) Coordinate with Ingham County Treasurer, accountants, and budget staff; c) Provide timely reports of the financial position to the Board; d) Oversee FOSP legal, financial, and record keeping systems to ensure they meet Ingham County standards; e) Secure Federal Land Acquisition funding through Congressional appropriations, agency grant programs and other public funding sources, in order to complete land conservation projects; f) Research, initiate, and nurture fundraising relationships with individuals, foundations, corporations, and public sources; and, g) Oversee and approve all financial transactions. h) For the Federal Farm and Ranch Land Protection Program (the FOSP Board secured over $1 million in matching funds in 2010), the Director is responsible for seeking and making grant applications to the Federal Government in the form of matching dollars for the purchase of Conservation Easements and for coordinating the fund transfers to and from the FOSP Account relative to the FRPP Program. 4. Stakeholder and Community group outreach a) Presentations to various groups about program; b) Serve on action committees that directly or indirectly impact farmland preservation efforts; c) Promote awareness of and support for FOSP Program s mission; d) Oversee the release of all FOSP Program s publications and press releases; e) Act as the primary spokesperson for FOSP Program for all media venues; f) Collaborate with other organizations and governmental entities to further FOSP Program s goals. 4

5 4.0 SUBMISSION REQUIREMENTS 4.1 Registering as a Vendor with Ingham County Proposers who have not registered their company with Ingham County should do so by visiting or by calling the Purchasing Department at (517) for assistance. Vendors registering to provide goods and services to Ingham County under contract shall certify to their knowledge of the County's Equal Opportunity Employment and Nondiscrimination Policy, and of their agreement to comply, and shall disclose any conclusive findings of violations of Federal, State, or local equal opportunity statutes, ordinances, rules/regulations, or policies within the past three (3) years. 4.2 Pre-opening Inquires and Response Any explanation desired by a proposer regarding the meaning or interpretation of this RFP and attachments, if any, must be requested to the Ingham County Purchasing Department, attention James C. Hudgins, Jr. at jhudgins@ingham.org no later than 3:00 P.M. on October 29, Addendum If it becomes necessary to revise any part of this RFP or if additional data is necessary to enable an exact interpretation of provisions of this RFP, an addendum will be issued to all vendors known to have received a proposal. It is the responsibility of the proposer to ensure that he/she has received and signed all addendums prior to submitting a proposal. No oral explanation or instruction of any kind or nature whatsoever given before the award of a contract to a proposer shall be binding. 4.4 Due Date, Time & Location Proposals will be received no later than 11:00 A.M., local time prevailing, on November 12, 2013 at which time they will be opened in public and read aloud in the: Ingham County Purchasing Department Attention: James C. Hudgins, Jr., Director of Purchasing PO Box E. Maple St., Room 203 Mason, Michigan Proposals received at other locations or delivered after the due date and time will not be accepted and will be returned to the proposer. 4.5 Submission of Proposals 5

6 Responses to this RFP should be concise and must include all the requested information. Proposers are required to submit an original (clearly marked) along with three (3) copies by the date, time, and place designated above. Proposals must be submitted in a sealed, opaque envelope or package and clearly marked on the outside Packet #88-13 FOSP Consulting Services. Be sure to include the name of your firm on the outside of the envelope or package. Proposers are also requested to submit an electronic version of their proposal to packetresponse@ingham.org by the due date and time set above. The electronic submittal must contain Packet #88-13 FOSP Consulting Services in the subject line. Should you have trouble submitting your electronic version please contact the Purchasing Department at (517) Please do not send zip files as the County cannot accept them. Proposers shall complete and include with their submittals the following enclosed items: Local Purchasing Preference Form Signature Form The Statistical Questionnaire is strictly optional 4.6 Timely Submittals Time is of the essence and any proposal or addenda pertaining thereto received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. It is the sole responsibility of the proposers for ensuring that their proposals are time stamped by the Purchasing Department. Proposals and/or any addenda pertaining thereto received after the announced time and date of receipt, by mail or otherwise, will be returned to the proposer. Nothing in this RFP precludes the County from requesting additional information at any time during the procurement process. 4.7 Deliveries Should you decide to utilize an express delivery service, please note that we are located at the intersection of Maple Street and Jefferson Street. 4.8 Preparation of Proposal All proposals must be made on the required forms prepared and executed fully and properly. Proposed prices shall be based on the selected proposer furnishing all labor, supervision, administration, incidentals, bonds, insurance, and any other services required to complete the work in strict accordance with this RFP. All fees and costs must be disclosed in the proposal. 4.9 Proposal Process 6

7 Proposals which do not completely address all the solicitation requirements will be considered non-responsive and may be excluded from consideration. Any exceptions shall be duly noted in the submittal Authority to Bind Firm in Contract Proposer shall provide the full legal firm name and address. Any proposal that has not been manually signed will be deemed non-responsive and excluded from consideration. Firm name and authorized signature must appear in the space provided on the enclosed Signature Sheet No Submittal If you desire not to respond to this RFP, please forward your acknowledgment of NO PROPOSAL SUBMITTED via an to Please also state the reason for not submitting a proposal. Failure to comply may be cause for removal of your company's name from the vendor list for subject commodity Special Accommodations If you are an individual with a disability and require a reasonable accommodation, please notify the Purchasing Department at (517) , three (3) working days prior to need. 5.0 GENERAL INFORMATION 5.1 Local Purchasing Preference Policy The Ingham County Board of Commissioners (BOC) believes that its purchasing policies should encourage local vendors to provide goods and/or services to Ingham County government, resulting in increased economic activity through more local jobs, tax revenues, and expenditures, and to entice business relocations to the County. As such, in 2010, the BOC amending its purchasing policies to include a ten percent (10%) purchasing preference to qualified and registered local vendors who respond to solicitations for the purchase of goods and/or services. In Ingham County, a local vendor is defined as a vendor that operates a business within the legally defined boundaries of Ingham County. To be considered a local vendor, the vendor must provide a verifiable business address (not a PO Box) on the enclosed Local Purchasing Preference Sheet at which business is being conducted. The vendor must also agree to comply with all other policies and requirements of the County. More information about the Local Purchasing Preference Policy can be found at Advice of Omission or Misstatement In the event it is evident to a proposer responding to this RFP that the County has omitted or misstated a material requirement to this RFP and/or the services required by this RFP, the 7

8 responding vendor shall advise Mr. James C. Hudgins, Jr., Director of Purchasing, at of such omission or misstatement. 5.3 Notification of Withdrawal of Proposal Proposals may be withdrawn prior to the date and time specified for proposal submission with a formal written notice by an authorized representative of the proposer. No proposer may withdraw a proposal after the opening for a minimum period of 90 days. 5.4 Rights to Pertinent Materials All responses, inquires, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits and other documentation produced by the proposers that are submitted as part of the proposal shall become the property of the County after the proposal submission deadline. 5.5 Firm Pricing for County Acceptance The proposal price must be firm for County acceptance for ninety (90) days from the proposal opening date. 5.6 Cost of Preparation The County will not pay any costs incurred in the proposal preparation, printing or demonstration process. All costs shall be borne by the proposers. 5.7 Standard Forms Any preprinted contract forms the vendor proposes to include as part of the contract resulting from this solicitation must be submitted as part of the proposal. Any standard contract provisions not submitted as part of the proposal and subsequently presented for inclusion may be rejected. The County reserves the right to accept or reject in whole or in part any form contract submitted by a proposer and/or to require that amendments be made thereto, or that an agreement drafted by the County be utilized. 5.8 Workplace Diversity Ingham County encourages, but in no way requires, its vendors to develop and maintain a diverse workforce that is reflective of the population of Ingham County. According to the U.S. Census Bureau, the statistics of Ingham County's population in 2010 was comprised of the following: a) White persons 76.2% b) Black or African American persons 11.8% c) American Indian and Alaska Native persons 0.6% d) Asian persons 5.2% 8

9 e) Native Hawaiian and other Pacific Islander 0.1% f) Persons of Hispanic or Latino origin 7.3% Ingham County tracks vendor diversity information for statistical purposes with companies with which it does business. Reporting of this information to the County is optional and not all companies participate. Statistical information regarding workplace diversity is submitted to the County in a separate sealed envelope containing the notation STATISTICAL INFORMATION- NOT TO BE OPENED UNTIL AFTER THE AWARD OF THE CONTRACT. Upon receipt of these separate sealed envelopes, the Purchasing Department segregates the envelopes from the other proposal documentation. The envelopes containing the statistical information are not opened until the award of the contract, and are not considered, in any way, in the award of any contract. 5.9 Prime Contractor Responsibilities The Contractor will be required to assume responsibility for all services offered in the proposal whether or not they possess them within their organization. Furthermore, Ingham County will consider the selected Contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract Independent Price Determination Non-Collusion By submission of a proposal, the proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this proposal: The prices of the proposal have been arrived at independently without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offer or with any competitor; Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the proposer and will not be knowingly disclosed by the proposer to any competitor; No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition; and, The price quoted is not higher than that given to the general public for the same service Exceptions Proposers must submit a listing of any and all exceptions to this RFP. Suggested substitutions, printed forms, sample contracts etc. may be provided with the listed exceptions. 6.0 CONTRACTUAL TERMS AND CONDITONS 6.1 Nondiscrimination Clause The Proposer who is selected as the Contractor, as required by law, and/or the Equal Opportunity Employment and Non-Discrimination Policy of Ingham County, shall not discriminate against an 9

10 employee or applicant for employment with respect to hire, tenure, terms, conditions or privilege of employment, or a matter directly or indirectly related to employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, height, weight, marital status, age or political affiliation (except where age, sex or lack of disability constitutes a bona fide occupational qualification.) The Contractor shall adhere to all applicable Federal, State and local laws, ordinances, rules and regulations prohibiting discrimination, including, but not limited to, the following: a) The Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended. b) The Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended. c) Section 504 of the Federal Rehabilitation Act of 1973, P.L , 87 Stat. 394, as amended, and regulations promulgated there under. d) The Americans with Disabilities Act of 1990, P.L , 104 Stat 328 (42 USCA et seq), as amended, and regulations promulgated there under. Breach of this section shall be regarded as a material breach of the agreement. Proposers shall disclose with their proposals any conclusive findings of violations of federal, state, or local equal opportunity statues, ordinances, rules, regulations, or policies within the past three (3) years. 6.2 Indemnification and Hold Harmless The Proposer who is selected as the Contractor shall, at its own expense, protect, defend, indemnify, save and hold harmless the County of Ingham and its elected and appointed officers, employees, servants and agents from all claims, damages, lawsuits, costs and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees that the County of Ingham and its elected and appointed officers, employees, servants and agents may incur as a result of the acts, omissions or negligence of the Contractor or its employees, servants, agents or Subcontractors that may arise out of the agreement. The Contractor s indemnification responsibility under this section shall include the sum of damages, costs and expenses which are in excess of the sum of damages, costs and expenses which are paid out in behalf of or reimbursed to the County, its officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the Contractor. 6.3 Insurance Requirements The Contractor, and any and all of his/her subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph and subsequent contract. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to the County of Ingham and rated A by the A.M. Best Company ( 10

11 a) Worker's Compensation Insurance: The Contractor shall procure and maintain during the life of this contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable Statutes of the State of Michigan. b) Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an Occurrence Basis with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate for Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable; (F) Per contract aggregate. c) Motor Vehicle Liability Insurance: The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including applicable No-Fault coverages, with limits of liability of not less than $1,000,000 per occurrence and $1,000,000 aggregate for Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. d) Professional Liability/Errors and Omissions Insurance: The Contractor shall procure and maintain during the life of this contract, Professional Liability insurance in an amount not less than $1,000,000 per occurrence and aggregate. If this policy is Claims Made Form, then the Contractor shall be required to keep the policy in force, or purchase tail coverage, for a minimum of three (3) years after the termination of this contract. e) Additional Insured: Commercial General Liability and Vehicle Liability, as described above, shall include an endorsement stating the following shall be Additional Insureds: The County of Ingham, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, including employees, and volunteers thereof. The coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage is primary, contributing or excess. f) Cancellation Notice: All insurances described above shall include an endorsement stating the following: It is understood and agreed that thirty (30) days advanced written notice of cancellation, non-renewal, reduction and/or material change shall be sent to: Ingham County Purchasing Department, P.O. Box 319, Mason, Michigan g) Proof of Insurance: The Contractor shall provide the County of Ingham at the time the contracts are returned by him/her for execution, two (2) copies of aforementioned Certificates of Insurance and/ Policies, acceptable to the County. If so requested, certified copies of all policies will be furnished. Contractor shall provide the County evidence that 11

12 all subcontractors are included under the Contractor s policy. If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and/or policies to the County of Ingham at least ten (10) days prior to the expiration date. 6.4 Applicable Law and Venue Any agreement resulting from this RFP shall be construed according to the laws of the State of Michigan. The County and Contractor agree that the venue for any legal action under this agreement shall be the County of Ingham, State of Michigan. In the event that any action is brought under any agreement resulting from the RFP in Federal Court, the venue for such action shall be the Federal Judicial District of Michigan, Western District - Southern Division. 6.5 Compliance with the Law Contractor shall render the services to be provided pursuant to this agreement in compliance with all applicable Federal, State, and local laws, ordinances, rules, and regulations. 6.6 Independent Contractor The Proposer who is selected as the Contractor shall be an independent Contractor. The employees, servants and agents of the Contractor shall not be deemed to be and shall not hold themselves out as employees, servants, or agents of the County and shall not be entitled to any fringe benefits received by the County s personnel, such as, but not limited to, health and accident insurance, life insurance, longevity or paid sick or vacation leave. The Contractor shall be responsible for paying all compensation to its personnel for services they have performed under this Contract and for withholding and payment of all applicable taxes to the proper Federal, State and local governments. 6.7 Living Wage Requirement Ingham County policy requires vendors contracting with the County primarily to perform services to pay their employees a living wage if the following two (2) conditions apply: a) The total expenditure of the contract or the total value of all contracts the vendor has with the County exceeds $50,000 in a twelve-month calendar; and, b) The vendor employs five (5) or more employees. In Ingham County, living wage is defined as an hourly wage rate which is equivalent to 125% of the federal poverty level for a family of four. For 2013, the living wage was $14.72 per hour. Twenty percent (20%) of the living wage costs paid by the employer can be for an employee's health care benefits. This wage rate applies to part and full-time employees who work on County 12

13 contracts. See for more information. 7.0 EVALUATION, AWARD & TIMELINE 7.1 Proposal Evaluation An Evaluation Committee will review the proposals to determine those firms deemed qualified to perform services. This determination will be based on qualification data submitted or past performance. This process typically takes 2-3 weeks from the proposal opening date. The detailed evaluation may result in one or more finalists. At this point, presentations may be requested of the proposers and negotiation will be carried out to finalize the award of the project. Finalists shall be afforded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. Any response that takes exception to any mandatory items in this proposal process may be rejected and not considered. 7.2 Evaluation Methodology The factors considered in making the recommendation for award will be all the information requested in this RFP. The technical and price proposals of the RFP are typically evaluated independently of each other. 7.3 Award of Contract It is the intention of the County to award a contract to the lowest responsive and most responsible proposer provided that the proposal has been submitted in accordance with the terms and conditions of the RFP and does not exceed the budgeted funds available. 7.4 Basis for Award Information and/or factors gathered during interviews, negotiations and any reference checks, in addition to the evaluation criteria stated in the RFP, if any, and any other information or factors deemed relevant by the County, shall be utilized in the final award. 7.5 Right of Rejection Ingham County reserves the right to reject any or all responses, to waive any informalities or minor irregularities in responses, and/or to negotiate the terms and conditions of all or any part of the responses as determined to be in the County's best interests in its sole discretion. The County will not be obligated to accept the lowest proposal. 13

14 The County shall have the right to accept alternates, if provided, in any order or combination, and to determine the low bidder on the basis of the sum of the Base Bid and the Alternates accepted. 7.6 Period of Contract The County is interested in contracting through 2018, which coincides with the conclusion of the millage term. Anticipated start date is January 1, Contract Approval The Ingham County Board of Commissioners and other boards and committees must approve the contract resulting from this solicitation. This process typically takes 2-4 weeks from the date the successful Contractor is identified. 7.8 Contract Development & Preparations 1. Ingham County reserves the right to negotiate further with one or more responsible and responsive proposers. The content of the RFP and the successful proposer s proposal will become an integral part of the contract, but may be modified by the provisions of the contract. 2. By submission of proposals pursuant to this RFP, proposers acknowledge that they are amenable to the inclusion in a contract of any information provided either in response to this RFP or subsequently during the selection process. A proposal in response to an RFP is an offer to contract with the County based upon the terms, conditions, scope of work and specifications contained in this RFP. The County retains the right not to make any subsequent award. 3. Furthermore, all proposers, by submitting proposals, agree that they have read, are familiar with all the terms and conditions of the different documents and will abide by the terms and conditions thereof. The County has the right to use, as it determines to be appropriate and necessary, any information, documents, and anything else developed pursuant to the RFP and the proposal. 4. The County will prepare a formal contract, if one is awarded, specific to this solicitation for execution by the successful proposer. This process typically takes 2-3 weeks from the date the Board has approved the contract. 5. The County reserves the right to accept or reject in whole or in part any form contract submitted by a proposer and/or to require that amendments be made thereto, or that an agreement drafted by the County be utilized. 6. The successful proposal shall be incorporated into a resulting contract and shall be a matter of public record subject to the provisions of Michigan law. 14

15 7.9 Notification of Award Upon acceptance by the County, and approval by the Board of Commissioners, the successful proposer will be notified of award in writing by . Recommendations for awards will be posted on the County's website at All proposers will be notified by of the County s decision Contract Execution The successful proposer shall commence work only after the transmittal of a fully executed contract and after receiving written notification to proceed from the County. A valid and enforceable contract exists when an agreement is fully executed between the parties. The successful proposer will perform all the services indicated in the RFP and in the negotiated contract. The successful proposer shall within ten (10) days of commencement of work under contract furnish the required insurance. Bonds, if required, shall also be submitted at this time Escalation Clause (if applicable) 1. The Ingham County Board of Commissioners (Board) recognizes the current difficult economic conditions and the subsequent minimal cost of living increases for County employees. As such, Contractors should fully understand that proposed contracts with cost increases greater than 1% will receive extra scrutiny from the Board and may be rejected and rebid. 2. Price adjustments may be requested pursuant to the terms of the contract; however, the Contractor must notify the County within ninety (90) days prior to the current term s expiration date. 3. Prior to commencement of subsequent renewal terms, the County may entertain a request for escalation in accordance with the current Consumer Price Index (CPI) at the time of the request or up to a maximum 1% increase on the current pricing, whichever is lower. For purposes of this section, Consumer Price Index shall mean the Consumer Price Index-All Urban Consumers-United Stated Average-All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics. 4. The County reserves the right to accept or reject the request for a price increase. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase or whatever term was previously authorized by the Board. 8.0 RESPONSE FORMAT The items listed below shall be submitted with each proposal and shall be submitted in the order 15

16 shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a proposer to include all listed items may result in the rejection of its proposal. Tab I Transmittal Letter Provide a transmittal letter indicating your firm's understanding of the requirements of this specific job proposal. The letter must be a brief formal letter that provides information regarding the firm's or individual s interest in and ability to perform the requirements of this RFP. A person who is authorized to commit the proposer's organization to perform the work included in the proposal must sign the letter. Tab II Overview of the Individual or Firm, and its Services This section should give a summary of the experience of the individual or firm, including years in operation, locations, size, growth, services and financial stability. Include information regarding any pending or recent lawsuits against the organization, its officers or employees. Tab III Professional Qualifications This section should present the organizational structure, resumes, and responsibilities of key persons to be assigned to this project, including: The location of the office from which the work on this project is to be performed. If the proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal should be noted, if applicable. Identify the principal supervisory and management staff, including partners, managers, other supervisors and specialists, who would be assigned to the project. Indicate whether each such person is registered or licensed to practice in Michigan. Provide information on the experience of each person and longevity with firm, including membership in professional organizations relevant to the performance of this project. The number and nature of the professional staff to be employed in this project on a fulltime basis and the number and nature of the staff to be so employed on a part-time basis. An organizational chart defining the relationships and areas of responsibility for team members, including their titles, duties, and their availability for the proposed project. Relevant project experience covering the last five years, including titles, duties, and employing organizations, certifications, and affiliations. Proposed staff roles in projects cited as related experience. Current project responsibilities, firm responsibilities and education for each proposed team member. Resumes for persons for each required discipline. Indicate how the quality of staff over the term of the agreement will be assured. 16

17 Provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. The County reserves the right to contact any and all references and to obtain, without limitation, regardless of proposer's performance on the listed jobs the same information provided for in the original RFP. Tab IV Related Prior Experience Provide information on relevant project experience of your firm and your team members that demonstrates your qualifications and ability to provide the services requested. Describe clearly your range of experience. Include names, title and phone numbers of contact persons from units of government where these projects are located Tab V Project Approach Briefly explain how, for this project, your firm would address the following issues: Project approach Meeting the project goals and objectives Quality control/quality assurance measures that will be undertaken in the performance of this contract Tab VI Proposed Fees The Contractor s fee shall cover all services necessary for the complete and successful execution of the contract. Provide a fee breakdown by year assuming a five-year contract (2014 through 2018). VII Identification of Anticipated and/or, Potential Project Problems Use this section to identify and describe any anticipated and/or potential project problems, the individual/firm s approach to resolving these problems, and any special assistance that will be requested from the County. Tab VIII Acceptance of Conditions Provide a definitive statement of intent to comply with the Contractual Terms and Conditions as delineated in this RFP. If proposed terms and conditions are not acceptable as described, note and explain any exceptions; however, failure to agree to the terms required by law or County purchasing and contractual requirements may be grounds for disqualification of the proposal. Tab IX Forms 17

18 Use this section to include a copy of all addenda, if any, issued to the RFP. Also, include the Local Purchasing Preference Sheet, and the Signature Sheet. The Workplace Diversity Questionnaire is strictly optional. Proposers shall also submit a current copy of their license and insurance. Tab X Appendices The content of this tab is left to the Proposer's discretion. However, the Proposer should limit materials included here to those that will be helpful to the Evaluation Committee in understanding the services to be provided for this specific job. 18

19 9.0 INGHAM COUNTY FARMLAND PRESERVATION RESOLUTION INGHAM COUNTY BOARD OF COMMISSIONERS RESOLUTION ADOPTING THE INGHAM COUNTY OPEN SPACE PURCHASE OF DEVELOPMENT RIGHTS ORDINANCE RESOLUTION # WHEREAS, Ingham County s non-agricultural, open space land is an important natural resource; and WHEREAS, Ingham County s open space land contributes significantly to the open space and natural resource benefits of the County, including rural character, scenic beauty, hunting and other recreational opportunities, and to the environmental benefits of the County, including watershed protection and wildlife habitat, all of which increase the overall quality of life and makes the County an attractive place to live and work; and WHEREAS, because open space land is an invaluable natural, environmental and aesthetic resource, the County should make an effort to maintain open space land in an undeveloped state to ensure the long-term viability of the environment and the overall quality of life in the County; and WHEREAS, because open space land has the potential for a greater market value when available for development than when kept as open space land, this encourages the conversion of open space land to developed land thereby removing it from its natural condition; and WHEREAS, it is the policy of the State of Michigan and Ingham County to protect and preserve open space land as evidenced by township master plans, Part 361, Farmland and Open Space Preservation, of the Natural Resources and Environmental Protection Act (NREPA), PA 451 of 1994, as amended, MCL et seq., the State Agricultural Preservation Fund, being Part 362 of NREPA, MCL et seq., PA 262 of 2000, Part 21, Subpart 11, Conservation and Historic Preservation, of NREPA, MCL et seq., the Michigan Zoning Enabling Act, PA 110 of 2006, MCL , the Ingham County Farmland Purchase of Development Rights Ordinance (#04-01), and other state and local statutes and policies; and WHEREAS, Ingham County desires to provide for the effective long-term protection and preservation of open space land in Ingham County from the pressures of residential, commercial and industrial sprawl development; and WHEREAS, the purchase of the development rights of open space land by the County and the placement of conservation easements on the land is a mechanism for the protection and preservation of open space land and will maintain the natural environment in Ingham County, preserve the rural character and scenic quality of the County, and maintain the quality of life for the County residents; and WHEREAS, the placement of a conservation easement will not require the owner to grant public access to the land; and 19

20 WHEREAS, the Natural Resources and Environmental Protection Act and the Michigan Zoning Enabling Act authorize a county to enact an ordinance for the purchase of development rights and the placement of conservation easements; THEREFORE BE IT RESOLVED, that Ingham County adopts the Ingham County Open Space Purchase of Development Rights Ordinance, a copy of which is attached as Exhibit 1 and is incorporated by reference, which creates the Ingham County Open Space Preservation Program, and authorizes the purchase of development rights and the placement of conservation easements on open space land by the County. BE IT FURTHER RESOLVED, that the ordinance shall become effective when a notice of its adoption is published in a newspaper of general circulation in the County. 20

21 Ingham County Open Space Purchase of Development Rights Ordinance AN ORDINANCE creating the Ingham County Open Space Preservation Program, which permanently protects open space lands by acquiring the development rights voluntarily offered by property owners; authorizes the cash purchase or installment purchase, or both, of such development rights; and provides the standards and procedures for the acquisition of the development rights and the placement of conservation easements on the properties. THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN: Section 1. Declaration of Purpose A. Purpose of the program. It is the purpose of the Ingham County Open Space Preservation Program and this Open Space Purchase of Development Rights Ordinance to protect open space land in order to preserve the rural character and scenic attributes of Ingham County, to maintain and enhance environmental benefits, and to maintain the quality of life of Ingham County residents. B. Importance of open space land. Ingham County s open space land contributes significantly to the open space and natural resource benefits of the county, including rural character, scenic beauty, cultural heritage, hunting and other recreational opportunities, and the environmental benefits including protection of water quality and watersheds, protection of wildlife habitat, protection of natural ecosystems, and prevention of soil erosion. In this way Ingham County s open space land increases the overall quality of life and makes the County an attractive place to live and work for all County residents. C. Development and loss of open space land. The natural resources, productive farmland, and rural character of Ingham County make it a desirable place to live and work. As people continue to move into the countryside, open space land is converted to residential and other developed uses, resulting in a permanent loss of open space land. D. The impact of the loss of open space land. Open space land is an irreplaceable resource. When open space land is converted to residential or other developed uses, a critical community resource is permanently lost to the citizens of Ingham County. Since open space land has water and air quality, recreational, ecological, habitat, and aesthetic value, Ingham County should make an effort to protect such land to ensure the long-term viability of our environment and our quality of life. E. State and local policies. It is the policy of the State of Michigan and Ingham County to protect, preserve and enhance open space land as evidenced by township master plans, Part 361, Farmland and Open Space Preservation, of the Natural Resources and Environmental Protection Act (NREPA), PA 451 of 1994, as amended, MCL et seq., the State Agricultural Preservation Fund, being Part 362 of NREPA, MCL et seq., PA 262 of 2000, Part 21, Subpart 11, Conservation and Historic Preservation, of NREPA, MCL et seq., the 21

22 Michigan Zoning Enabling Act, PA 110 of 2006, MCL , the Ingham County Farmland Purchase of Development Rights Ordinance (#04-01), and other state and local statutes and policies. F. Value of development rights. Open space land may have a greater market value for future development than for remaining in a natural state. The open space views and natural surroundings are features desired for residential home sites. This fact encourages the purchase of open space land for future residential development, regardless of the current zoning of such lands. G. Mechanism to achieve purpose. The purchase of development rights and the placement of conservation easements on open space land through the Ingham County Open Space Preservation Program as provided for in this Ordinance is a public purpose of Ingham County. Acquisition of development rights requires that Ingham County enter into agreements with property owners to obtain such development rights. Open space lands on which Ingham County has purchased development rights and entered into conservation easements shall remain undeveloped and in a natural state. H. Intent of Ordinance. The intent of this Ordinance is to provide a mechanism for the preservation of open space land in Ingham County through the purchase of conservation easements. The actual number of acres that will be protected through the purchasing of their development rights will remain the prerogative of the Ingham County Board of Commissioners. Section 2. Definitions. As used in this Ordinance: A. Conservation easement means a conveyance, by a written instrument, in which, subject to permitted uses, the owner relinquishes to the public in perpetuity his or her development rights and makes a covenant running with the land not to undertake development. B. Conservation values means all natural and agricultural values of land. C. Development means an activity that materially alters or affects the existing conditions or use of land. D. Development rights means an interest in land that includes the right to construct a building or structure, to improve land for development, to divide a parcel for development, or to extract minerals incidental to a permitted use or as is set forth in a conservation easement. E. Natural land means undeveloped, uncultivated, non-agricultural land, including the water over such land. F. Open space land means natural land or farmland or a combination of these. G. Owner means a person or party having a freehold estate in land coupled with possession and enjoyment. H. Permitted use means any use authorized within a conservation easement that does not adversely affect the conservation values of the land. 22

23 I. Prohibited use means any use not authorized within a conservation easement or that adversely affects the conservation values of the land. J. Property means a quantity of land in the possession of a single owner. K. Purchase of development rights (PDR) program means a program in which a qualified organization purchases the development rights of property and a permanent conservation easement is placed on the property. Section 3. Authorization A. Part 21, Subpart 11 of the Natural Resource and Environmental Protection Act, PA 451 of 1994, as amended, (MCL ), authorizes the creation of permanent conservation easements as non-possessory interests in land or water and permits such easements to be held by charitable and other entities. The Michigan Zoning Enabling Act, PA 110 of 2006 (MCL ), authorizes county governments to acquire conservation easements on land in their counties. B. Based on state law and this ordinance the Ingham County Board of Commissioners is authorized: i. to acquire the development rights of open space land throughout Ingham County. Such acquisitions may be by purchase, gift, grant, bequest, devise, covenant or contract. Ingham County shall only acquire development rights on open space land that is voluntarily offered for sale by a property owner; ii. to enter into installment purchase contracts, options, and agreements, or take receipt of donations of easements, consistent with applicable law. In such contracts, Ingham County is authorized to pay interest on the unpaid principal at a legal rate of interest consistent with prevailing market conditions at the time of execution of the contracts; iii. to contract with recognized and legally established nonprofit land trusts or other experienced and qualified individuals, parties or entities that would assist Ingham County in the process of negotiating conservation easements and purchase contracts, preparing baseline documents, and monitoring the conservation easements acquired under this Ordinance; iv. to seek grants from state and federal governments and private foundations, organizations and individuals for funding expenditures incurred in carrying out this Ordinance; and v. to borrow money and issue bonds for any purpose within the scope of this Ordinance. Section 4. Ingham County Farmland and Open Space Preservation Board A. The Ingham County Farmland and Open Space Preservation Program shall consist of a Farmland Preservation Program (Ingham County Ordinance #04-01) and an Open Space Preservation Program (this Ordinance). B. The name of the Ingham County Agricultural Preservation Board (created by Ingham County Ordinance #04-01) is changed by this Ordinance to the Ingham County Farmland and 23