RFP: HAY HARVESTING SERVICES OF AIRPORT PROPERTY
| Location: | North Dakota |
|---|---|
| Posted: | Apr 9, 2026 |
| Due: | Apr 27, 2026 |
| Agency: | City of Minot |
| Type of Government: | State & Local |
| Category: |
|
| Publication URL: | To access bid details, please log in. |
| Bid Title: |
RFP: HAY HARVESTING SERVICES OF AIRPORT PROPERTY
|
| Category: | City Clerk |
| Status: | Open |
|
Attachment Preview
SERVICE-PLUS-ACQUISITION AGREEMENT
between
City of Minot, ND and ___________________
This Minot International Airport (“Airport”) Hay Harvesting Service-Plus-
Acquisition Agreement (“Agreement”) is entered into on this _____ day of
_____________, 2026, by and between the City of Minot, ND, a municipal
corporation, whose principal address is 10 3rd Ave. SW, PO Box 5006, Minot, ND
58702-5006 (“City”) and __________________, a ________________, whose
mailing address is ________________________________ (“Provider”), sometimes
referred to individually herein as “Party” and collectively as “Parties.”
WHEREAS, City is seeking services (“Services”) for cutting, baling and
removing hay (“Acquisition” or any capitalized form thereof) from designated areas
of the Airport Property (“Property”); and
WHEREAS, Provider shall provide the Services herein and shall pay the City,
at the Rate provided herein, for Acquisition of bales harvested and removed from the
Property; and
WHEREAS, A Request for Bids (“RFB”) was published on _________________
(date) and _______________(Provider) submitted a timely bid which was received
by the City Clerk on _______________ (date); and
WHEREAS, On ________________ (date), the Minot City Council accepted the
proposal submitted by the Provider for hay harvesting Services and Acquisition.
NOW, THEREFORE, City and Provider do mutually agree as follows:
1. Base Term. The initial term of this Agreement (“Base Term”) shall commence
May 1, 2026 and shall remain in full force and effect through April 30, 2027,
unless earlier terminated in accordance with this Agreement.
2. Renewal Term Option. The City shall have the option to renew this Agreement,
in whole or in part, for a renewal term (“Renewal Term”) not to exceed the Base
Term Agreement Term. This Renewal Term option can be executed for up to two
(2) twelve-month terms.
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a. City may execute the option to renew by giving written notice to the
Provider on or before March 1, prior to the end of the Base Term or any
Renewal Term.
b. If City executes the option to renew, and Provider accepts the option to
renew, all terms and conditions of this Agreement shall apply during the
forthcoming Renewal Term.
c. If City fails to execute the option to renew by March 1 of the current Base
or Renewal Term, the option to renew shall lapse and this Agreement
shall terminate on the forthcoming April 30th.
d. Renewal of this Agreement is contingent upon the Provider’s satisfactory
performance under this Agreement during the Base Term, and any
Renewal Terms, and compliance with all material obligations herein.
3. Rate. Provider shall pay the City the sum of $______/ton for all hay cut, baled
and removed/Acquired from the Property in accordance with the terms of this
Agreement.
4. Exhibits. The following exhibits are included and incorporated as if fully set forth
herein:
a. Exhibit A: Scope of Services and Acquisition
b. Exhibit B: Bid Sheet and Property Map
c. Exhibit C: Federal Regulations
d. Exhibit D: Insurance Requirements
e. Exhibit E: Other Applicable Terms and Conditions
5. City’s Responsibilities. City agrees to:
a. Provide prompt notification to Provider if land available for haying on the
Property changes.
b. Provide prompt notification to Provider of any updates to the Airport’s
Wildlife Hazard Management Plan, or any other Airport Rules and
Regulations pertaining to this Agreement.
c. City is NOT required to provide notice to Provider prior to any required
maintenance for its ongoing projects or activities on the Property, including
but not limited to, cutting certain areas of the Property for an air show,
ongoing storm water, and/or drainage projects
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i. Provider understands that the areas approved for haying may change
as a result of the City performing necessary maintenance for
projects.
6. Provider’s Responsibilities. Provider agrees to comply with and provide the
Services described in the following Exhibits:
a. Exhibit A: Scope of Services and Acquisition
b. Exhibit B: Bid Sheet and Property Map
c. Exhibit C: Federal Regulations
d. Exhibit D: Insurance Requirements
e. Exhibit E: Other Applicable Terms and Conditions
7. Insurance. Provider must maintain insurance, for itself and any approved
subcontractors, through companies authorized to offer insurance coverage in
North Dakota, as set forth in the attached Exhibit D, and shall furnish a certificate
of insurance evidencing the required coverages are in effect prior to
commencement of this Agreement.
8. Indemnification and Limitation of Liability. Provider agrees to indemnify and hold
harmless the City and their officers and employees against any and all claims,
demands, causes of actions, costs, expenses, liability, losses, or damage and will
hold and save each of them harmless from any and all actions, suits, claims,
damages to persons or property losses, costs, penalties, obligations, errors,
omissions or liabilities that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the work, operations or activities of
Provider, its officers and/or employees arising from fault in acts or omissions of
Provider, or arising from Provider’s performance of or failure to perform any term,
provision, covenant or condition of this Agreement. It is further agreed and
understood by and between the Parties hereto that such indemnification does not
extend to the fault, negligence or willful misconduct of persons other than the
officers and/or employees of Provider. This obligation shall continue after
termination of this Agreement.
9. Notices. All notices or other communications required under this Agreement must
be given by registered, certified mail or email with return receipt requested and are
complete on the date postmarked or sent when addressed to the Parties at the
following addresses:
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Provider:
Name:
Address:
Address:
Email:
City of Minot:
City of Minot
Attn: City Clerk
PO Box 5006
Minot, ND 58702-5006
clerk@minotnd.gov
Service of notice by personal service shall be deemed to have been given as of
the date of such personal service. Notice given by deposit in the United States
Post Office shall be deemed to have been given three (3) consecutive business
days following deposit of the same in custody of said postal service. Notice given
by email shall be deemed to have been given upon delivery to the other Party.
Either Party hereto may, from time to time, by written notice to the other,
designate a different address or person, which shall be substituted for that
specified above.
10.Termination.
a. Termination Without Cause. Either City or Provider may terminate this
Agreement with thirty (30) calendar days’ written notice to the other Party
of the terminating Party’s intent to terminate before the expiration of this
Agreement.
b. Termination by Mutual Consent. This Agreement may be terminated by
mutual consent of both Parties, executed in writing.
c. Termination for Cause. City may terminate this Agreement effective upon
delivery of written notice to Provider, or any later date stated in the notice:
i. If Provider fails to provide Services required by this Agreement within
the time specified or any extension agreed to by City; or
ii. If Provider fails to perform any of the other terms and conditions of
this Agreement or fails to diligently perform the work in a manner
that reasonably ensures completion of this Agreement in accordance
with its terms; or
iii. Specifically, if Provider uses the Property for purposes other than
specified in Exhibits A and B, or has failed to pay agreed-upon rates
prior to the agreed-upon dates.
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iv. Notice Requirement. The City shall provide written termination notice
to Provider identifying (i) the Services the City alleges Provider has
failed to provide and/or, (ii) the other provisions of this Agreement
the City alleges Provider has failed to perform. Termination pursuant
to this Paragraph 10(c) shall only be effective if Provider fails to cure
the deficiencies identified in the City's notice within fifteen (15)
calendar days of Provider's receipt of the City's written notice.
d. Termination in the Public’s Interest or Loss of Authority. If the City
otherwise loses legal authority to perform its obligations, the City may
terminate this Agreement upon written notice to Provider, without penalty
or further obligation. Such termination shall be effective on the date
specified in the notice, and the Provider shall pay the City for any
Acquisition properly rendered up to the effective date of termination.
e. Pro-rata Compensation. In the event of termination, City shall be entitled
to be paid for all bales harvested and Acquired through the date of
cessation.
11. Compliance with Law. Provider agrees to comply with all applicable federal, state,
and local laws, rules, and policies, including those relating to nondiscrimination,
accessibility, open records, and civil rights. Provider’s failure to comply with this
section and Exhibit C may be deemed a material breach by Provider entitling the
City to terminate for cause in accordance with Section 10c of this Agreement.
12.Retention of Records and Audits. Provider agrees to retain financial and program
records in accordance with the State of North Dakota’s Retention of Records Policy
and as set forth in the Federal Regulations attached hereto as Exhibit C to this
Agreement. In the event there is any question as to whether this Agreement or
the language in the Exhibits control, the most restrictive interpretation shall be
applied. If Provider’s records are audited by a third party, Provider shall provide
the City with the results of the audit within thirty (30) calendar days of receipt.
Records may include, but not be limited to, bale counts, weigh slips, employee
information, payment information, any seeds planted (per RFP), and City
approvals/notifications, etc.
13.Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together constitute one and
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