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State of Ohio - Controlling Board Request
STATE OF OHIO
CONTROLLING BOARD
30 East Broad Street, 34th Floor
Columbus, Ohio 43215-3457
(614) 466-5721 FAX:(614) 466-3813
CAPITAL REQUEST Controlling Board No.
AGR0100331
Status:  Approved
Meeting Date:  12/4/2017

GENERAL INFORMATION

Agency
Agriculture


Division/Institution
Administration

Eligible for Local Administration?
Yes
Real Estate Acquisition
    Release of Capital Funds(R.C.Sec. 127.14G) and/or R.C.126.14
    Transfer of Capital Funds (R.C.Sec. 127.14G and/or Sec. 127.15)
    Higher Education Authorization Request (Sec. 3333.071)
    Other Statutory Authority/Bill Section:
Fiscal Year(s)
2018
Bill No.
SB 260
Eligible for OBM
Director Approval?
No
Capital Request
    Release of Capital Funds (R.C.Sec. 127.14G)
    Transfer of Capital Funds (R.C.Sec. 127.14G and/or Sec. 127.15)
    Waiver of Competitive Selection (R.C.Sec. 127.16B)
      No Competitive Opportunity
      Agency Released Competitive Opportunity
    Agency Released Competitive Opportunity (R.C.Sec. 127.162)
    Release Percent for Arts (R.C.Sec. 3379.10)
    Other Statutory Authority/Bill Section:
    Other:

VENDOR INFORMATION
For FYAmountNameAddressCounty
AGR01 2018 $46,822.00 Black Swamp Conservancy PO Box 322
Perrysburg, OH 43552
Wood
AGR01 2018 $36,024.00 Tecumseh Land Preservation PO Box 417
Yellow Springs, OH 45387
Greene

TRANSFER INFORMATION
FromToFYFund GroupFund CodeAppropriation Line ItemAppropriation Line Item NameTransfer AmountPrev Rel Amount
         

FUNDING INFORMATION
Fund GroupFund CodeAppropriation Line ItemAppropriation Line Item NameTotal Amount
CAP 7057 C70009 CLEAN OHIO AGRICULTRL EASMT FD $82,846.00

SIGNATURES
     
David Daniels 12/04/2017
   
Agency Director or Authorized Agent On The Date Of
   
11/15/2017 Christine Morrison
   
Date Controlling Board President/OBM Director
   
AGENCY CONTACT
Name:  Janelle Mead Title:  Deputy Director
Phone:  (614) 387 - 0911 Fax:  (614) 466 - 6124 E-Mail:  JMead@agri.ohio.gov
REQUIRED EXPLANATION OF REQUEST
  The Ohio Department of Agriculture respectfully requests Controlling Board approval to release capital appropriation in the amount of $82,846.00 from Fund 7057, ALI C70009 (Agricultural Easement), and an agency released competitive opportunity to purchase agricultural easements through the following local sponsors: Black Swamp Conservancy and Tecumseh Land Preservation Association. The total purchase will be for two properties in two counties totaling 210.990 acres in Clark (1) and Seneca (1) Counties.
 
  For this purpose and pursuant to OAC 901-2-06 (E), Agriculture will disburse payment to local sponsors (Black Swamp Conservancy and Tecumseh Land Preservation Association). These local sponsors will then be responsible for disbursing payment to the two respective landowners on behalf of the Ohio Department of Agriculture, in exchange for each landowner executing a Deed of Agricultural Easement.

It is important to note that the local sponsor will not be the final recipient of the $82,846.00 in funding. Rather, through a "Cooperative Agreement" with the Department, the sponsor will be contractually bound to disburse the funds to the landowners once the Deed of Agricultural Easement has been executed and recorded. The closing will occur within 10 business days of receipt of the funds from the state. As part of the closing process, the local sponsor will be responsible for recording the Department's executed deeds of agricultural easement and providing the Department the owner's policy of title insurance for each easement.

A "Deed of Agricultural Easement" is a legal agreement between the landowner, ODA, and the local community (i.e., a board of county commissioners, board of township trustees, soil and water conservation district, land trust, or municipal corporation). The legal agreement is recorded in the county recorder's office. The agreement restricts non-agricultural uses on farmland and the land remains on the tax rolls under private ownership and management. Program participation in the Agricultural Easement Purchase Program (AEPP) is voluntary. The landowner can undertake any agricultural activity permitted under Ohio law and they can sell their farm or pass it along as a gift to others. The restriction prohibiting non-farm development of the land travels with the title. Thus, any new owners of the land will also be prohibited from developing the land for non-farm uses.

Pursuant to OAC 901-2-06 (C), the title costs incurred in the agricultural easement purchase process will be deducted from the payment to the landowner at closing. As such, the landowner will incur costs for the title examination and title insurance policy, the fees for recording the documents, and a fee for escrow services. These costs which are deducted from the final payment are reflected in settlement statements and are approved by the department and the landowner prior to closing.

These two landowners are among 64 landowners selected for funding under the 2016 funding of the Clean Ohio Agricultural Easement Purchase Program (AEPP). The AEPP is administered by the Ohio Department of Agriculture - Office of Farmland Preservation and is part of the Clean Ohio Fund that was renewed by Ohio voters in November 2008. For the 2016 AEPP funding round, 140 farms applied to the program and a total of 64 farms statewide were selected to receive funding through the sale of an agricultural easement to the Ohio Department of Agriculture.

 
  Agriculture submitted the following: FY 2018 requests: AGR0100308, AGR0100309, AGR0100311, AGR0100314, AGR0100315, AGR0100321, AGR0100322, AGR0100323, AGR0100324, AGR0100325 & AGR0100327.

 
Attachments Controlling Board Request No.: AGR0100331
Attachment TypeAttachment Description
Project Budget Project Budget
Other MBE/Edge
Other Farm Listings
Other Purchase Agreement - Black Swamp
Other Purchase Agreement Tecumseh Land Trust
 
Release and Permit Information
NameFYAmountR & P #R & P DateIssued ByComments
Black Swamp Conservancy 2018 $46,822.00
Tecumseh Land Preservation 2018 $36,024.00

Capital Request Required Information
Architect, Engineering, or Other Professional Service Contracts/Construction Manager at Risk or Design Build Contracts - Black Swamp Conservancy
Controlling Board Request No.: AGR0100331
1. 
Type of Service to be provided: OAC 901-2-06 (E) states the title insurance company or local sponsor will obtain an escrow agent for the distribution. This escrow agent will be the fiduciary manager for all funds on behalf of the landowner providing a lump sum payment. Under the Clean Ohio Agricultural Easement Program, ODA can pay up to 75 percent of the appraised value of the easement. There must be at least 25 percent match, either from the local community or the landowner must donate at least 25 percent of the appraised value.
 
2. Selection Process:
a. Explain how the Request for Proposal (RFP)/Request for Qualifications (RFQ) was publicized or advertised.
For the 2016 AEPP funding round, 140 farms applied to the program and a total of 64 farms statewide were selected to receive funding through the sale of an agricultural easement to the Department. The two landowners who will receive the payments from the local sponsors via an escrow agents on this request are among those 64 landowners selected.
   
b.
Number of proposals distributed. Distributed on-line
c.
Number of days in which interested parties had to respond to the RFP/RFQ. 90
d.
Number of proposals received. 140
e. For each proposal or statement of qualifications received, provide name, complete address of the principal place of business, and amount of each proposal (or attached as a list)..
Name Proposal AmountAddressCityStateCounty
   
f. Indicate who rated the responses and was involved in the selection of the contractor.
A twelve member Advisory Board reviewed the application. Results of a tiered ranking system prioritized the applications and ultimately determined the order of the farms to be funded as outlined in Administrative Code Rule 901-2-05.
   
3.
Identify the selected contractor. Black Swamp Conservancy
 
  Explain why this contractor was selected.
   
  Results of a tiered ranking system prioritized the applications and ultimately determined the order of the farms to be funded as outlined in Administrative Code Rule 901-2-054
4. Provide contractor's location of their principal place of business. 
 
PO Box 322
Perrysburg, OH 43552
County: Wood
5. Provide contractor's location from which all or most or contract work will be performed, if different from the location of principal place of business.
 

 OH 
County:
   
6. Identify all state contracts which the selected contractor has had approved by the Controlling Board since the beginning of the last fiscal year through this fiscal year to date. Also include contracts approved for this agency or institution of higher education.
   
 
a. Total number of contracts: 0
b. For each contract, list the state agency and the contract amount.
AgencyContract/Agreement AmountFY
7. 
Provide the following employee information: Nationwide Ohio
Total Number of Employees 4    4   
Percentage of Women 50% 50%
Percentage of Minorities 0% 0%
8.
What percent of the work will be done by subcontractors? 0%
   
If more than 50%, provide the following employee information.
SubcontractorNationwide
# of Employees
Nationwide
% of Women
Nationwide
% of Minorities
Ohio
# of Employees
Ohio
% of Women
Ohio
% of Minorities
9. Fee Analysis: For design-build and construction management at risk services, also provide a fee analysis that includes the following:
 
a. Total estimated construction cost:   $0.00
 
b. Provide the following information regarding the contractor's fees for the services to be performed. 
 
Fee Analysis Contract Amount Percent of Total Construction Cost
Professional Design Services and/or Construction Management Services/Design-Build   $0.00   0%
Personnel Cost   $0.00   0%
Testing & Special Inspections   $0.00   0%
General Conditions   $0.00   0%
Design Services Fees(A/E of Record in Design-Build Contract only)   $0.00   0%
Other-
  $0.00   0%
  Refer to the requirements of Revised Code Sections 153.65-153.70.

Capital Request Required Information
Architect, Engineering, or Other Professional Service Contracts/Construction Manager at Risk or Design Build Contracts - Tecumseh Land Preservation
Controlling Board Request No.: AGR0100331
1. 
Type of Service to be provided: OAC 901-2-06 (E) states the title insurance company or local sponsor will obtain an escrow agent for the distribution. This escrow agent will be the fiduciary manager for all funds on behalf of the landowner providing a lump sum payment. Under the Clean Ohio Agricultural Easement Program, ODA can pay up to 75 percent of the appraised value of the easement. There must be at least 25 percent match, either from the local community or the landowner must donate at least 25 percent of the appraised value.
 
2. Selection Process:
a. Explain how the Request for Proposal (RFP)/Request for Qualifications (RFQ) was publicized or advertised.
For the 2016 AEPP funding round, 140 farms applied to the program and a total of 64 farms statewide were selected to receive funding through the sale of an agricultural easement to the Department. The two landowners who will receive the payments from the local sponsors via an escrow agents on this request are among those 64 landowners selected.
   
b.
Number of proposals distributed. Distributed on-line
c.
Number of days in which interested parties had to respond to the RFP/RFQ. 90
d.
Number of proposals received. 140
e. For each proposal or statement of qualifications received, provide name, complete address of the principal place of business, and amount of each proposal (or attached as a list)..
Name Proposal AmountAddressCityStateCounty
   
f. Indicate who rated the responses and was involved in the selection of the contractor.
A twelve member Advisory Board reviewed the application. Results of a tiered ranking system prioritized the applications and ultimately determined the order of the farms to be funded as outlined in Administrative Code Rule 901-2-05.
   
3.
Identify the selected contractor. Tecumseh Land Preservation
 
  Explain why this contractor was selected.
   
  Results of a tiered ranking system prioritized the applications and ultimately determined the order of the farms to be funded as outlined in Administrative Code Rule 901-2-05.
4. Provide contractor's location of their principal place of business. 
 
PO Box 417
Yellow Springs, OH 45387
County: Greene
5. Provide contractor's location from which all or most or contract work will be performed, if different from the location of principal place of business.
 

 OH 
County:
   
6. Identify all state contracts which the selected contractor has had approved by the Controlling Board since the beginning of the last fiscal year through this fiscal year to date. Also include contracts approved for this agency or institution of higher education.
   
 
a. Total number of contracts: 0
b. For each contract, list the state agency and the contract amount.
AgencyContract/Agreement AmountFY
7. 
Provide the following employee information: Nationwide Ohio
Total Number of Employees 6    6   
Percentage of Women 100% 100%
Percentage of Minorities 0% 0%
8.
What percent of the work will be done by subcontractors? 30%
   
If more than 50%, provide the following employee information.
SubcontractorNationwide
# of Employees
Nationwide
% of Women
Nationwide
% of Minorities
Ohio
# of Employees
Ohio
% of Women
Ohio
% of Minorities
9. Fee Analysis: For design-build and construction management at risk services, also provide a fee analysis that includes the following:
 
a. Total estimated construction cost:   $0.00
 
b. Provide the following information regarding the contractor's fees for the services to be performed. 
 
Fee Analysis Contract Amount Percent of Total Construction Cost
Professional Design Services and/or Construction Management Services/Design-Build   $0.00   0%
Personnel Cost   $0.00   0%
Testing & Special Inspections   $0.00   0%
General Conditions   $0.00   0%
Design Services Fees(A/E of Record in Design-Build Contract only)   $0.00   0%
Other-
  $0.00   0%
  Refer to the requirements of Revised Code Sections 153.65-153.70.