HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2022 - FIRST READING OF ORDINANCE NO. 052, 2022, MAKING A Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY May 3, 2022
Natural Areas
STAFF
Bernadette Kuhn, Environmental Planner
Katie Donahue, Natural Areas Director
Theresa Connor, Utilities Deputy Director
Eric Potyondy, Legal
SUBJECT
First Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the Poudre River Native
Fish Project Grant in the Natural Areas Fund.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of grant funds from Colorado Parks and Wildlife to the
Natural Areas Department to complete a river habitat improvement project for native fish on the Cache la
Poudre River. The grant funds will be used to create refuge pools in a side channel of the Cache la Poudre
River for the rare, native plains topminnow and orange-spotted sunfish. The project is a value-added element
to the City’s instream water right project underway at the CSU Environmental Learning Center (BFO 1.62,
9.16, 12.23). Flows for the refuge pools will be supplied by the instream water right.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Poudre River Native Fish Project is a restoration project that supports the health of the Cache la Poudre
River (Poudre River) by reintroducing the native plains topminnow and orange-spotted sunfish at the
Environmental Learning Center (ELC) near Drake and Ziegler. These species are listed as Species of Greatest
Conservation Need by Colorado Parks and Wildlife (CPW). The project was awarded $200,00 0 in grant
funding from CPW in April 2022.
The project will construct small refuge pools along a side channel of the Poudre River that will be stocked with
plains topminnow and orange-spotted sunfish by CPW. This is an innovative approach to address decl ines in
native fish populations on the Poudre River. It was conceptualized by Natural Areas and Utilities staff, CPW
and CSU fish biologists, and a river engineering design team. Water from the City’s instream flow water right at
the ELC will be used to fill and maintain the constructed pools. The City is working to secure this water right by
rebuilding a badly damaged diversion structure at the ELC slated for construction in fall 2022 (BFO Offers
9.16, 12.23, 1.62). This project aligns with Council's prior ity for a healthy and resilient Poudre River and
Natural Areas’ long term restoration plans in this reach.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $200,000 of CPW grant funds to the Natural Areas Department to complete the
Poudre River Native Fish Project. There is no financial impact to the City as there are no matching funds
required.
Agenda Item 11
Item # 11 Page 2
BOARD / COMMISSION RECOMMENDATION
The Land Conservation and Stewardship Board unanimously recommended Council support this appropriation
for the Poudre River Native Fish Project. (Attachment 2)
PUBLIC OUTREACH
Natural Areas staff will work with CSU Environmental Learning Center to provide information to visitors and
ELC camp participants at the site about the fish habitat improvements. Information will also be shared through
the City’s ELC Flow Restoration project website: www.fcgov.com/naturalareas/elc.
ATTACHMENTS
1. Intergovernmental Agreement (PDF)
2. Land Conservation and Stewardship Board Minutes (excerpt) (PDF)
STATE OF COLORADO INTERGOVERNMENTAL
AGREEMENT
COVER PAGE
State Agency
Department of Natural Resources
Colorado Parks and Wildlife
6060 Broadway
Denver, Colorado 80216
Contract Number
CMS Number: 173053
CORE Encumbrance Number: CT PMAA 2022*3106
Contractor
City of Fort Collins
215 N. Mason Street
Fort Collins, CO 80522
Contract Performance Beginning Date
The Effective Date
Contract Maximum Amount
Entire Contract term for all applicable fiscal years:
$196,393.44
Initial Contract Expiration Date
December 1, 2023
Contract Authority
C.R.S. 33-1-105(1)(e)
Contract Purpose
The Contract is exempt from the procurement code under 24 -101-105(1)(a)(II) and Procurement Rule R-101-105-01.
The purpose of this Contract is to provide habitat improvement for the rare, native plains topminnow in a relict channel of the
Poudre River at the ELC to increase the species abundance and survival in Reach 16 of the urban Poudre (FCRID to Boxelder
Creek).
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Contract:
1.Exhibit A – Statement of Work and Budget
In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1.Colorado Special Provisions in §18 of the main body of this Contract.
2.The provisions of the other sections of the main body of this Contract.
3.Exhibit A, Statement of Work and Budget.
Principal Representatives
For the State: For Contractor:
Harry Crockett Nina Bodenhamer
Colorado Parks and Wildlife City Give | City of Fort Collins
317 West Prospect Street 215 North Mason Street
Fort Collins, CO 80526 Fort Collins, CO 80524
970.472.4339 (970)481-4884
harry.crockett@state.co.us nbodenhamer@fcgov.com
ATTACHMENT 1
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that the signer is duly authorized to execute this Contract and to
bind the Party authorizing such signature.
CONTRACTOR
City of Fort Collins
______________________________________________
Signature
____________________Kelly DiMartino____________
Name
____________________Interim City Manager_________
Title
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Natural Resources
Dan Gibbs
Colorado Parks and Wildlife
______________________________________________
Signature
______________________________________________
Name
______________________________________________
Title
Date: _________________________
APPROVED AS TO FORM
______________________________________________
Assistant City Attorney
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
By:_______________________________________________
Assistant Attorney General
Date: _________________________
In accordance with §24-30-202, C.R.S., this Contract is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
______________________________________________
Signature
______________________________________________
Name
______________________________________________
Title
Effective Date:_____________________
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TABLE OF CONTENTS
COVER PAGE .......................................................................................................................... 1
SIGNATURE PAGE ................................................................................................................. 2
1. PARTIES ................................................................................................................................... 3
2. TERM AND EFFECTIVE DATE ............................................................................................. 3
3. DEFINITIONS .......................................................................................................................... 4
4. STATEMENT OF WORK ........................................................................................................ 6
5. PAYMENTS TO CONTRACTOR ........................................................................................... 6
6. REPORTING - NOTIFICATION ............................................................................................. 7
7. CONTRACTOR RECORDS ..................................................................................................... 8
8. CONFIDENTIAL INFORMATION-STATE RECORDS ........................................................ 9
9. CONFLICTS OF INTEREST.................................................................................................. 10
10. INSURANCE .......................................................................................................................... 11
11. BREACH OF CONTRACT .................................................................................................... 12
12. REMEDIES ............................................................................................................................. 13
13. DISPUTE RESOLUTION ....................................................................................................... 14
14. NOTICES AND REPRESENTATIVES ................................................................................. 15
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 15
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM ..................................................... 16
17. GENERAL PROVISIONS ...................................................................................................... 16
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ....................... 18
1. PARTIES
This Contract is entered into by and between Contractor named on the Cover Page for this Contract
(the “Contractor”), and the STATE OF COLORADO acting by and through the State agency
named on the Cover Page for this Contract (the “State”). Contractor and the State agree to the terms
and conditions in this Contract.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Contract shall not be valid or enforceable until the Effective Date. The State shall not
be bound by any provision of this Contract before the Effective Date, and shall have no
obligation to pay Contractor for any Work performed or expense incurred before the Effective
Date or after the expiration or sooner termination of this Contract.
B. Initial Term
The Parties’ respective performances under this Contract shall commence on the Contract
Performance Beginning Date shown on the Cover Page for this Contract and shall terminate
on the Initial Contract Expiration Date shown on the Cover Page for this Contract (the “Initial
Term”) unless sooner terminated or further extended in accordance with the terms of this
Contract.
C. End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then in place,
the State, at its discretion, upon written notice to Contractor as provided in §14, may
unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months
(an “End of Term Extension”), regardless of whether additional Extension Terms are
available or not. The provisions of this Contract in effect when such notice is given shall
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remain in effect during the End of Term Extension. The End of Term Extension shall
automatically terminate upon execution of a replacement contract or modification extending
the total term of this Contract.
D. Early Termination in the Public Interest
The State is entering into this Contract to serve the public interest of the State of Colorado as
determined by its Governor, General Assembly, or Courts. If this Contract ceases to further
the public interest of the State, the State, in its discretion, may terminate this Contract in
whole or in part. A determination that this Contract should be terminated in the public interest
shall not be equivalent to a State right to terminate for convenience. This subsection shall not
apply to a termination of this Contract by the State for breach by Contractor, which shall be
governed by §12.A.i.
i. Method and Content
The State shall notify Contractor of such termination in accordance with §144. The
notice shall specify the effective date of the termination and whether it affects all or a
portion of this Contract, and shall include, to the extent practicable, the public interest
justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Contractor
shall be subject to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Contract in the public interest, the State shall pay Contractor
an amount equal to the percentage of the total reimbursement payable under this
Contract that corresponds to the percentage of Work satisfactorily completed and
accepted, as determined by the State, less payments previously made. Additionally, if
this Contract is less than 60% completed, as determined by the State, the State may
reimburse Contractor for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Contract, incurred by Contractor which are directly attributable
to the uncompleted portion of Contractor’s obligations, provided that the sum of any
and all reimbursement shall not exceed the maximum amount payable to Contractor
hereunder.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Breach of Contract” means the failure of a Party to perform any of its obligations in
accordance with this Contract, in whole or in part or in a timely or satisfactory manner. If
Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term
of this Contract, then such debarment or suspension shall constitute a breach.
B. “Business Day” means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1), C.R.S.
C. “Chief Procurement Officer” means the individual to whom the Executive Director has
delegated his or her authority pursuant to §24-102-202 to procure or supervise the
procurement of all supplies and services needed by the state.
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D. “Contract” means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto.
E. “Contract Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Contract.
F. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S.
G. “End of Term Extension” means the time period defined in §2.C
H. “Effective Date” means the date on which this Contract is approved and signed by the
Colorado State Controller or designee, as shown on the Signature Page for this Contract. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6),
C.R.S., then the Effective Date of this Contract shall be the later of the date on which this
Contract is approved and signed by the State’s Chief Information Officer or authorized
delegate or the date on which this Contract is approved and signed by the State Controller or
authorized delegate, as shown on the Signature Page for this Contract.
I. “Exhibits” means the exhibits and attachments included with this Contract as shown on the
Cover Page for this Contract.
J. “Extension Term” means the time period defined in §Error! Reference source not found.
K. “Goods” means any movable material acquired, produced, or delivered by Contractor as set
forth in this Contract and shall include any movable material acquired, produced, or delivered
by Contractor in connection with the Services.
L. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of
any communications or information resources of the State, which are included as part of the
Work, as described in §§24-37.5-401 et. seq. C.R.S. Incidents include, without limitation (i)
successful attempts to gain unauthorized access to a State system or State Information
regardless of where such information is located; (ii) unwanted disruption or denial of service;
(iii) the unauthorized use of a State system for the processing or storage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State’s
knowledge, instruction, or consent.”
M. “Initial Term” means the time period defined in §2.B
N. “Party” means the State or Contractor, and “Parties” means both the State and Contractor.
O. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual‘s identity, such as name, social security number, date and place of birth,
mother‘s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S.
P. “Services” means the services to be performed by Contractor as set forth in this Contract,
and shall include any services to be rendered by Contractor in connection with the Goods.
Q. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII and State
personnel records not subject to disclosure under CORA. State Confidential Information shall
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not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by
the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already
known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by
Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by
a third party who has the right to disclose such information; or (v) was independently
developed without reliance on any State Confidential Information.
R. “State Fiscal Rules” means that fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
S. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
T. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
U. “Subcontractor” means third-parties, if any, engaged by Contractor to aid in performance
of the Work.
V. “Work” means the Goods delivered and Services performed pursuant to this Contract.
W. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Effective Date that is
used, without modification, in the performance of the Work.
Any other term used in this Contract that is defined in an Exhibit shall be construed and interpreted
as defined in that Exhibit.
4. STATEMENT OF WORK
Contractor shall complete the Work as described in this Contract and in accordance with the
provisions of Exhibit A. The State shall have no liability to compensate Contractor for the delivery
of any goods or the performance of any services that are not specifically set forth in this Contract.
5. PAYMENTS TO CONTRACTOR
A. Maximum Amount
Payments to Contractor are limited to the unpaid, obligated balance of the Contract Funds.
The State shall not pay Contractor any amount under this Contract that exceeds the Contract
Maximum shown on the Cover Page for this Contract.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Contractor in the amounts and in accordance with the schedule
and other conditions set forth in Exhibit A.
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b. Contractor shall initiate payment requests by invoice to the State, in a form and
manner approved by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of
that invoice, so long as the amount invoiced correctly represents Work completed
by Contractor and previously accepted by the State during the term that the
invoice covers. If the State determines that the amount of any invoice is not
correct, then Contractor shall make all changes necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work
performed or deliverables provided under this Contract.
ii. Interest
Amounts not paid by the State within 45 days after the State’s acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per
month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however,
that interest shall not accrue on unpaid amounts that the State disputes in writing.
Contractor shall invoice the State separately for accrued interest on delinquent amounts,
and the invoice shall reference the delinquent payment, the number of day’s interest to
be paid and the interest rate.
iii. Payment Disputes
If Contractor disputes any calculation, determination or amount of any payment,
Contractor shall notify the State in writing of its dispute within 30 days following the
earlier to occur of Contractor’s receipt of the payment or notification of the
determination or calculation of the payment by the State. The State will review the
information presented by Contractor and may make changes to its determination based
on this review. The calculation, determination or payment amount that results from the
State’s review shall not be subject to additional dispute under this subsection. No
payment subject to a dispute under this subsection shall be due until after the State has
concluded its review, and the State shall not pay any interest on any amount during the
period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the
current State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year
is contingent on the appropriation and continuing availability of Contract Funds in any
subsequent year (as provided in the Colorado Special Provisions). If federal funds or
funds from any other non-State funds constitute all or some of the Contract Funds the
State’s obligation to pay Contractor shall be contingent upon such non-State funding
continuing to be made available for payment. Payments to be made pursuant to this
Contract shall be made only from Contract Funds, and the State’s liability for such
payments shall be limited to the amount remaining of such Contract Funds. If State,
federal or other funds are not appropriated, or otherwise become unavailable to fund
this Contract, the State may, upon written notice, terminate this Contract, in whole or
in part, without incurring further liability. The State shall, however, remain obligated
to pay for Services and Goods that are delivered and accepted prior to the effective date
of notice of termination, and this termination shall otherwise be treated as if this
Contract were terminated in the public interest as described in §2.D.
6. REPORTING - NOTIFICATION
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A. Quarterly Reports.
In addition to any reports required pursuant to §16 or pursuant to any other Exhibit, for any
contract having a term longer than 3 months, Contractor shall submit, on a quarterly basis, a
written report specifying progress made for each specified performance measure and standard
in this Contract. Such progress report shall be in accordance with the procedures developed
and prescribed by the State. Progress reports shall be submitted to the State not later than 5
Business Days following the end of each calendar quarter or at such time as otherwise
specified by the State.
B. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action before
a court or other administrative decision making body, and such pleading or document relates
to this Contract or may affect Contractor’s ability to perform its obligations under this
Contract, Contractor shall, within 10 days after being served, notify the State of such action
and deliver copies of such pleading or document to the State’s principal representative
identified on the Cover Page of this Contract..
C. Performance Outside the State of Colorado or the United States, §24-102-206, C.R.S.
To the extent not previously disclosed in accordance with §24-102-206, C.R.S., Contractor
shall provide written notice to the State, in accordance with §14 and in a form designated by
the State, within 20 days following the earlier to occur of Contractor’s decision to perform
Services outside of the State of Colorado or the United States, or its execution of an
agreement with a Subcontractor to perform, Services outside the State of Colorado or the
United States. Such notice shall specify the type of Services to be performed outside the State
of Colorado or the United States and the reason why it is necessary or advantageous to
perform such Services at such location or locations, and such notice shall be a public record.
Knowing failure by Contractor to provide notice to the State under this section shall constitute
a breach of this Contract. This section shall not apply if the Contract Funds include any
federal funds.
7. CONTRACTOR RECORDS
A. Maintenance
Contractor shall maintain a file of all documents, records, communications, notes and other
materials relating to the Work (the “Contractor Records”). Contractor Records shall include
all documents, records, communications, notes and other materials maintained by Contractor
that relate to any Work performed by Subcontractors, and Contractor shall maintain all
records related to the Work performed by Subcontractors required to ensure proper
performance of that Work. Contractor shall maintain Contractor Records in accordance with
Contractor’s records retention schedule.
B. Inspection
Contractor shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
Contractor Records while records are retained. Contractor shall make Contractor Records
available during normal business hours at Contractor’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than 2 Business Days’ notice from
the State, unless the State determines that a shorter period of notice, or no notice, is necessary
to protect the interests of the State.
C. Monitoring
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The State, in its discretion, may monitor Contractor’s performance of its obligations under
this Contract using procedures as determined by the State. The State shall monitor
Contractor’s performance in a manner that does not unduly interfere with Contractor’s
performance of the Work.
D. Final Audit Report
Contractor shall promptly submit to the State a copy of any final audit report of an audit
performed on Contractor’s records that relates to or affects this Contract or the Work, whether
the audit is conducted by Contractor or a third party.
8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Contractor shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use
by any third party of any State Records, except as otherwise stated in this Contract, permitted
by law or approved in Writing by the State. Contractor shall provide for the security of all
State Confidential Information in accordance with all policies promulgated by the Colorado
Office of Information Security and all applicable laws, rules, policies, publications, and
guidelines. Contractor shall immediately forward any request or demand for State Records to
the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Contractor may provide State Records to its agents, employees, assigns and Subcontractors
as necessary to perform the Work, but shall restrict access to State Confidential Information
to those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Contract. Contractor shall ensure all such agents, employees, assigns,
and Subcontractors sign agreements containing nondisclosure provisions at least as protective
as those in this Contract, and that the nondisclosure provisions are in force at all times the
agent, employee, assign or Subcontractor has access to any State Confidential Information.
Contractor shall provide copies of those signed nondisclosure provisions to the State upon
execution of the nondisclosure provisions.
C. Use, Security, and Retention
Contractor shall use, hold and maintain State Confidential Information in compliance with
any and all applicable laws and regulations in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Contractor shall provide the State with access, subject to
Contractor’s reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Contract, Contractor shall return
State Records provided to Contractor or destroy such State Records and certify to the State
that it has done so, as directed by the State. If Contractor is prevented by law or regulation
from returning or destroying State Confidential Information, Contractor warrants it will
guarantee the confidentiality of, and cease to use, such State Confidential Information.
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D. Incident Notice and Remediation
If Contractor becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. Unless Contractor can establish that none of
Contractor or any of its agents, employees, assigns or Subcontractors are the cause or source
of the Incident, Contractor shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Contractor shall take steps to reduce
the risk of incurring a similar type of Incident in the future as directed by the State, which
may include, but is not limited to, developing and implementing a remediation plan that is
approved by the State at no additional cost to the State. The State may, in its sole discretion
and at Contractor’s sole expense, require Contractor to engage the services of an independent,
qualified, State-approved third party to conduct a security audit. Contractor shall provide the
State with the results of such audit and evidence of Contractor’s planned remediation in
response to any negative findings.
E. Data Protection and Handling
Contractor shall ensure that all State Records and Work Product in the possession of
Contractor or any Subcontractors are protected and handled in accordance with the
requirements of this Contract, including the requirements of any Exhibits hereto, at all times.
F. Safeguarding PII
If Contractor or any of its Subcontractors will or may receive PII under this Contract,
Contractor shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Contractor shall
be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities, or maintain any relationships, that
conflict in any way with the full performance of the obligations of Contractor under this
Contract. Such a conflict of interest would arise when a Contractor or Subcontractor’s
employee, officer or agent were to offer or provide any tangible personal benefit to an
employee of the State, or any member of his or her immediate family or his or her partner,
related to the award of, entry into or management or oversight of this Contract.
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Contract, even the appearance of a conflict
of interest shall be harmful to the State’s interests. Absent the State’s prior written approval,
Contractor shall refrain from any practices, activities or relationships that reasonably appear
to be in conflict with the full performance of Contractor’s obligations under this Contract.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a
conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a
disclosure statement setting forth the relevant details for the State’s consideration. Failure to
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promptly submit a disclosure statement or to follow the State’s direction in regard to the
actual or apparent conflict constitutes a breach of this Contract.
10. INSURANCE
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain,
insurance as specified in this section at all times during the term of this Contract. All insurance
policies required by this Contract that are not provided through self-insurance shall be issued by
insurance companies as approved by the state.
A. Contractor Insurance
The Contractor is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during
the term of this Contract such liability insurance, by commercial policy or self-insurance, as
is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements
Contractor shall ensure that each Subcontractor that is a public entity within the meaning of
the GIA, maintains at all times during the terms of this Contract, such liability insurance, by
commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations
under the GIA. Contractor shall ensure that each Subcontractor that is not a public entity
within the meaning of the GIA, maintains at all times during the terms of this Contract all of
the following insurance policies:
i. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability
insurance covering all Contractor or Subcontractor employees acting within the course
and scope of their employment.
ii. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual
liability, personal injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any 1 fire.
iii. Automobile Liability
Automobile liability insurance covering an y auto (including owned, hired and non-
owned autos) with a minimum limit of $1,000,000 each accident combined single limit.
iv. Professional Liability Insurance
Professional liability insurance for design or engineering work covering any damages
caused by an error, omission or any negligent act with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
Page 12 of 20
C. Additional Insured
The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed
operations) required of Contractor and Subcontractors.
D. Primacy of Coverage
Coverage required of Contractor and each Subcontractor shall be primary and
noncontributory over any insurance or self-insurance program carried by Contractor or the
State.
E. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non-
renewal, except for cancellation based on non-payment of premiums, without at least 30 days
prior notice to Contractor and Contractor shall forward such notice to the State in accordance
with §14 within 7 days of Contractor’s receipt of such notice.
F. Subrogation Waiver
All commercial insurance policies secured or maintained by Contractor or its Subcontractors
in relation to this Contract shall include clauses stating that each carrier shall waive all rights
of recovery under subrogation or otherwise against Contractor or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
G. Certificates
For each commercial insurance plan provided by Contractor under this Contract, Contractor
shall provide to the State certificates evidencing Contractor’s insurance coverage required in
this Contract within 7 Business Days following the Effective Date. Contractor shall provide
to the State certificates evidencing Subcontractor insurance coverage required under this
Contract within 7 Business Days following the Effective Date, except that, if Contractor’s
subcontract is not in effect as of the Effective Date, Contractor shall provide to the State
certificates showing Subcontractor insurance coverage required under this Contract within 7
Business Days following Contractor’s execution of the subcontract. No later than 15 days
before the expiration date of Contractor’s or any Subcontractor’s coverage, Contractor shall
deliver to the State certificates of insurance evidencing renewals of coverage. At any other
time during the term of this Contract, upon request by the State, Contractor shall, within 7
Business Days following the request by the State, supply to the State evidence satisfactory to
the State of compliance with the provisions of this §10.
11. BREACH OF CONTRACT
In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach to the
other Party. If the notified Party does not cure the Breach of Contract, at its sole expense, within
30 days after the delivery of written notice, the Party may exercise any of the remedies as described
in §12 for that Party. Notwithstanding any provision of this Contract to the contrary, the State, in
its discretion, need not provide notice or a cure period and may immediately terminate this Contract
in whole or in part or institute any other remedy in this Contract in order to protect the public
interest of the State; or if Contractor is debarred or suspended under §24-109-105, C.R.S., the State,
in its discretion, need not provide notice or cure period and may terminate this Contract in whole
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or in part or institute any other remedy in this Contract as of the date that the debarment or
suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Contractor is in breach under any provision of this Contract and fails to cure such breach,
the State, following the notice and cure period set forth in §11, shall have all of the remedies
listed in this section. in addition to all other remedies set forth in this Contract or at law. The
State may exercise any or all of the remedies available to it, in its discretion, concurrently or
consecutively.
i. Termination for Breach
In the event of Contractor’s uncured breach, the State may terminate this entire Contract
or any part of this Contract. Contractor shall continue performance of this Contract to
the extent not terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Contractor shall not incur further
obligations or render further performance past the effective date of such notice,
and shall terminate outstanding orders and subcontracts with third parties.
However, Contractor shall complete and deliver to the State all Work not
cancelled by the termination notice, and may incur obligations as necessary to do
so within this Contract’s terms. At the request of the State, Contractor shall assign
to the State all of Contractor's rights, title, and interest in and to such terminated
orders or subcontracts. Upon termination, Contractor shall take timely, reasonable
and necessary action to protect and preserve property in the possession of
Contractor but in which the State has an interest. At the State’s request, Contractor
shall return materials owned by the State in Contractor’s possession at the time of
any termination. Contractor shall deliver all completed Work Product and all
Work Product that was in the process of completion to the State at the State’s
request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Contractor for
accepted Work received as of the date of termination. If, after termination by the
State, the State agrees that Contractor was not in breach or that Contractor's action
or inaction was excusable, such termination shall be treated as a termination in
the public interest, and the rights and obligations of the Parties shall be as if this
Contract had been terminated in the public interest under §2.D.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Contractor shall remain
liable to the State for any damages sustained by the State directly caused by a
breach by Contractor, and the State may withhold payment to Contractor for the
purpose of mitigating the State’s damages until such time as the exact amount of
damages due to the State from Contractor is determined. The State may withhold
any amount that may be due Contractor as the State deems necessary to protect
the State against loss including, without limitation, loss as a result of outstanding
Page 14 of 20
liens and excess costs incurred by the State in procuring from third parties
replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Contractor’s performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Contractor to
an adjustment in price or cost or an adjustment in the performance schedule.
Contractor shall promptly cease performing Work and incurring costs in
accordance with the State’s directive, and the State shall not be liable for costs
incurred by Contractor after the suspension of performance.
b. Withhold Payment
Withhold payment to Contractor until Contractor corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Contractor’s actions or
inactions, cannot be performed or if they were performed are reasonably of no
value to the state; provided, that any denial of payment shall be equal to the value
of the obligations not performed.
d. Removal
Demand immediate removal of any of Contractor’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued relation
to this Contract is deemed by the State to be contrary to the public interest or the
State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any
Work is likely to infringe, a patent, copyright, trademark, trade secret or other
intellectual property right, Contractor shall, as approved by the State (i) secure
that right to use such Work for the State and Contractor; (ii) replace the Work
with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work
to the State.
B. Contractor’s Remedies
If the State is in breach of any provision of this Contract and does not cure such breach,
Contractor, following the notice and cure period in §11 and the dispute resolution process in
§13 shall have all remedies available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Contract which cannot be resolved by the designated Contract representatives shall be
Page 15 of 20
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Contractor for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business
Days, Contractor shall submit any alleged breach of this Contract by the State to the
Procurement Official of the State Agency named on the Cover Page of this Contract as
described in §24-102-202(3) C.R.S. for resolution in accordance with the provisions of §§24-
106-109, and 24-109-101.1 through 24-109-505, C.R.S., (the “Resolution Statutes”), except
that if Contractor wishes to challenge any decision rendered by the Procurement Official,
Contractor’s challenge shall be an appeal to the executive director of the Department of
Personnel and Administration, or their delegate, under the Resolution Statutes before
Contractor pursues any further action as permitted by such statutes. Except as otherwise
stated in this Section, all requirements of the Resolution Statutes shall apply including,
without limitation, time limitations.
14. NOTICES AND REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Contract shall
be the principal representative of the designating Party. All notices required or permitted to be
given under this Contract shall be in writing, and shall be delivered (A) by hand with receipt
required, (B) by certified or registered mail to such Party’s principal representative at the address
set forth below or (C) as an email with read receipt requested to the principal representative at the
email address, if any, set forth on the Cover Page for this Contract. If a Party delivers a notice to
another through email and the email is undeliverable, then, unless the Party has been provided with
an alternate email contact, the Party delivering the notice shall deliver the notice by hand with
receipt required or by certified or registered mail to such Party’s principal representative at the
address set forth on the Cover Page for this Contract. Either Party may change its principal
representative or principal representative contact information, or may designate specific other
individuals to receive certain types of notices in addition to or in lieu of a principal representative
by notice submitted in accordance with this section without a formal amendment to this Contract.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Contractor assigns to the State and its successors and assigns, the entire right, title, and
interest in and to all causes of action, either in law or in equity, for past, present, or future
infringement of intellectual property rights related to the Work Product and all works based
on, derived from, or incorporating the Work Product. Whether or not Contractor is under
contract with the State at the time, Contractor shall execute applications, assignments, and
other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights
related to the Work Product. To the extent that Work Product would fall under the definition
of “works made for hire” under 17 U.S.C.S. §101, the Parties intend the Work Product to be
a work made for hire.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Contract, any pre-existing State
Records, State software, research, reports, studies, photographs, negatives or other
documents, drawings, models, materials, data and information shall be the exclusive property
of the State (collectively, “State Materials”). Contractor shall not use, willingly allow, cause
Page 16 of 20
or permit Work Product or State Materials to be used for any purpose other than the
performance of Contractor’s obligations in this Contract without the prior written consent of
the State. Upon termination of this Contract for any reason, Contractor shall provide all
Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Contractor
Contractor retains the exclusive rights, title, and ownership to any and all pre-existing
materials owned or licensed to Contractor including, but not limited to, all pre-existing
software, licensed products, associated source code, machine code, text images, audio and/or
video, and third-party materials, delivered by Contractor under the Contract, whether
incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Contractor
Property”). Contractor Property shall be licensed to the State as set forth in this Contract or a
State approved license agreement: (i) entered into as exhibits to this Contract; (ii) obtained
by the State from the applicable third-party vendor; or (iii) in the case of open source
software, the license terms set forth in the applicable open source license agreement.
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either
on the Effective Date or at anytime thereafter, this §16 shall apply. Contractor agrees to be
governed by and comply with the provisions of §24-106-103, §24-102-206, §24-106-106, and §24-
106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of contract
performance information in the State’s contract management system (“Contract Management
System” or “CMS”). Contractor’s performance shall be subject to evaluation and review in
accordance with the terms and conditions of this Contract, Colorado statutes governing CMS, and
State Fiscal Rules and State Controller policies.
17. GENERAL PROVISIONS
A. Assignment
Contractor’s rights and obligations under this Contract are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Contractor’s rights and obligations approved by the State shall be subject to the provisions of
this Contract
B. Subcontracts
Contractor shall not enter into any subcontract in connection with its obligations under this
Contract without the prior, written approval of the State. Contractor shall submit to the State
a copy of each such subcontract upon request by the State. All subcontracts entered into by
Contractor in connection with this Contract shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of
Colorado, and shall be subject to all provisions of this Contract.
C. Binding Effect
Except as otherwise provided in §17.A., all provisions of this Contract, including the benefits
and burdens, shall extend to and be binding upon the Parties’ respective successors and
assigns.
D. Authority
Page 17 of 20
Each Party represents and warrants to the other that the execution and delivery of this
Contract and the performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Contract are for convenience of reference only, and shall
not be used to interpret, define, or limit its provisions. All references in this Contract to
sections (whether spelled out or using the § symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
G. Entire Understanding
This Contract represents the complete integration of all understandings between the Parties
related to the Work, and all prior representations and understandings related to the Work, oral
or written, are merged into this Contract. Prior or contemporaneous additions, deletions, or
other changes to this Contract shall not have any force or effect whatsoever, unless embodied
herein.
H. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
I. Modification
Except as otherwise provided in this Contract, any modification to this Contract shall only be
effective if agreed to in a formal amendment to this Contract, properly executed and approved
in accordance with applicable Colorado State law and State Fiscal Rules. Modifications
permitted under this Contract, other than contract amendments, shall conform to the policies
issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have been
changed or amended since the Effective Date of this Contract.
K. Severability
The invalidity or unenforceability of any provision of this Contract shall not affect the validity
or enforceability of any other provision of this Contract, which shall remain in full force and
effect, provided that the Parties can continue to perform their obligations under this Contract
in accordance with the intent of this Contract.
L. Survival of Certain Contract Terms
Page 18 of 20
Any provision of this Contract that imposes an obligation on a Party after termination or
expiration of the Contract shall survive the termination or expiration of this Contract and
shall be enforceable by the other Party.
M. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle
D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from
State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be
liable for the payment of any excise, sales, or use taxes, regardless of whether any political
subdivision of the state imposes such taxes on Contractor. The Contractor is exempt from
sales and use tax. The Contractor’s Certificate of Exemption license number is 09804502.
N. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §17.A., this Contract
does not and is not intended to confer any rights or remedies upon any person or entity other
than the Parties. Enforcement of this Contract and all rights and obligations hereunder are
reserved solely to the Parties. Any services or benefits which third parties receive as a result
of this Contract are incidental to this Contract, and do not create any rights for such third
parties.
O. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Contract,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single
or partial exercise of any right, power, or privilege preclude any other or further exercise of
such right, power, or privilege.
P. CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance measures and
standards required under §24-106-107, C.R.S., if any, are subject to public release through
the CORA.
Q. Standard and Manner of Performance
Contractor shall perform its obligations under this Contract in accordance with the highest
standards of care, skill and diligence in Contractor’s industry, trade, or profession.
R. Licenses, Permits, and Other Authorizations.
Contractor shall secure, prior to the Effective Date, and maintain at all times during the term
of this Contract, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Contract, and shall ensure that
all employees, agents and Subcontractors secure and maintain at all times during the term of
their employment, agency or subcontract, all license, certifications, permits and other
authorizations required to perform their obligations in relation to this Contract.
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts except where noted in italics.
Page 19 of 20
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Contract is for a Major Information Technology Project, as defined in
§24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
Parties, their respective departments, boards, commissions committees, bureaus, offices,
employees and officials shall be controlled and limited by the provisions of the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28
U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the Parties’ risk management statutes,
§§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly
set forth herein. Contractor and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the
State shall not pay for or otherwise provide such coverage for Contractor or any of its
agents or employees. Contractor shall pay when due all applicable employment taxes
and income taxes and local head taxes incurred pursuant to this Contract. Contractor
shall (i) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (ii) provide proof thereof when
requested by the State, and (iii) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State
laws, rules, and regulations in effect or hereafter established, including, without limitation,
laws applicable to discrimination and unfair employment practices.
F. PROHIBITED TERMS.
Any term included in this Contract that requires the State or Contractor to indemnify or hold
the other Party harmless; requires the State or Contractor to agree to binding arbitration; limits
the State’s or Contractor’s liability for damages resulting from death, bodily injury, or
damage to tangible property; or that conflicts with this provision in any way shall be void ab
Page 20 of 20
initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-
109 C.R.S.
G. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the
term of this Contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Contractor is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Contract, including, without limitation, immediate
termination of this Contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
H. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Contract. Contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Contractor’s services and Contractor shall not
employ any person having such known interests.
Land Conservation & Stewardship Board
April 13, 2022
Regular Meeting – Excerpt
12/11/2019 – MINUTES Page 1
Poudre River Fish Passage IGA
Bernadette Kuhn, Senior Environmental Planner, passed around the Exhibit “A” to
members that includes additional detail about the project, along with the Scope of Work to
give the Board an idea of the particulars of the work NAD has been doing over the last 3
years to obtain a grant from Colorado Parks and Wildlife to improve habitat for native fish at
the Environmental Learning Center (ELC). Bernadette explained this is part of a much
larger project that we are working on, with Utilities, to secure a Water Right at the ELC.
This Water Right is a fairly junior Water Right, but senior to NISP so it’s a very important
Water Right for NAD to hang on to block future river depletions. Our job over the last three
years along with Utilities has been to figure out how to address the badly damaged
diversion structure to maintain the instream water flow right. This has been a challenge to
keep it in the river, how do we do that to protect river health. We are asking for the final
construction dollars. Our goal is to create a series of pools to use the water right to use the
flows into the ponds for native plains top minnow. We would like to use the funds from the
grant to create these ponds and come up with a concept to finalize the project. Once the
IGA is signed Natural Areas will go to City Council and ask for a reappropriation for the
$199,879.20.
Member Cunniff made a motion that the Land Conservation and Stewardship Board
recommend that City Council approve the grant appropriations. Member Kramer
seconded the motion. The motion was unanimously approved 9-0.
ATTACHMENT 2
-1-
ORDINANCE NO. 052, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF THE POUDRE RIVER NATIVE FISH
PROJECT GRANT IN THE NATURAL AREAS FUND
WHEREAS, the City, through the Natural Areas Department, is pursuing the Poudre
River Native Fish Project, a restoration project that supports the health of the Cache la Poudre
River by reintroducing the native plains topminnow and orange-spotted sunfish at the
Environmental Learning Center located near Drake Road and Ziegler Road (the “Poudre River
Native Fish Project”); and
WHEREAS, Colorado Parks and Wildlife (“CPW”), an agency of the State of Colorado,
awarded the Project $200,000 in grant funding in April 2022 (“CPW Grant”); and
WHEREAS, City staff desires an appropriation of the $200,000 of the CPW Grant to
further the Poudre River Native Fish Project; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose by improving the health of the Poudre
River and its ecosystem, which supports the general health of the environment and public health
and welfare, and improves recreational and educational opportunities and experiences of the
residents of Fort Collins; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current
estimate of actual and anticipated revenues and all other funds to be received during the fiscal
year; and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Natural Areas Fund and will not cause the total amount appropriated in the Natural Areas Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to be
received in this Fund during this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state or
private grant or the City’s expenditure of all funds received from such grant or donation; and
WHEREAS, the City Council wishes to designate the appropriation herein for the CPW
Grant for the Poudre River Native Fish Project as an appropriation that shall not lapse until the
earlier of the expiration of the CPW Grant or the City’s expenditure of all funds received from
such grant.
-2-
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from new revenue or other funds in the
Natural Areas Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) to be
expended in the Natural Areas Fund for the Poudre River Native Fish Project from the CPW
Grant.
Section 3. That the appropriation herein for Poudre River Native Fish Project is
hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of
the CPW Grant or the City’s expenditure of all funds received from such grant.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
May, A.D. 2022, and to be presented for final passage on the 17th day of May, A.D. 2022.
____________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of May, A.D. 2022.
____________________________
Mayor
ATTEST:
_______________________________
City Clerk