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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/07/2022 - FIRST READING OF ORDINANCE NO. 067, 2022, MAKING S Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Maren Bzdek, Historic Preservation Planner Claire Havelda, Legal SUBJECT First Reading of Ordinance No. 067, 2022, Making Supplemental Appropriation and Authorizing Transfers fr om the General Fund of the State Historical Fund Grant to Produce a Historic Context Report of Civil Rights in Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appropriate $86,600 in grant funding received from the State Historical Fund, awarded by History Colorado on March 7, 2022, and $7,530 in required matching funds from the 2022 Historic Preservation Division survey grants budget to produce a history of civil rights in Fort Collins, a preliminary list of associated, significant properties for planning purposes, and a prioritized list of related future projects. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This project prepares a context report on the history of civil rights activities in Fort Collins. This thematic context will outline the specific movements in support of civil rights of underrepresented groups and provide an intersectional understanding of how they relate to each other and to the broader history of the com munity. The project will also identify related historic resources that warrant future intensive -level surveys to determine their relative importance to Fort Collins' history. That list will form the basis for educational tours and other opportunities, including landmark designation. A list of related future projects that will serve the goal recognizing the stories of historically excluded groups in Fort Collins will also be included for planning purposes. This project directly implements portions of the City Strategic Plan by promoting the Equity, Inclusion and Diversity goals, “of cultivating a safe and welcoming community focusing on equitable engagement, outcomes and service delivery for all, leading with race.” CITY FINANCIAL IMPACTS This Ordinance will appropriate a total of $94,130 in the General Fund to prepare a historic context report on the history of civil rights in Fort Collins. These funds include $86,600 in grant funds awarded on March 7, 2022 , from the State Historical Fund of History Colorado, and $7,530 from the survey grants matching funds line in the Historic Preservation Division's 2022 Budget in the General Fund. Because the project includes a final phase of prioritized recommendations from consultants and community members, it will pro vide a tool for targeting meaningful future offshoot projects that will allow the City to maximize any further investment of funds. Agenda Item 10 Item # 10 Page 2 PUBLIC OUTREACH Grant application preparation in 2020 and 2021 included outreach to targeted stakeholder community groups and individuals (BIack, Latinx, LGBTQIA, Jewish, AAPI, and Women's groups) to gauge interest in the project, gather support for the application, and begin assembling a formal community stakeholder advisory committee. Ten individuals have agreed to serve on the committee and act as community connectors for the project to date, and a committee of research support advisors from Colorado State University, History Colorado, FCMOD, and other entities is also on board for the project. ATTACHMENTS 1. Grant Award Letter (PDF) Page 1 of 10 Version 8.10.2021 GRANT AWARD LETTER COVER PAGE INTERGOVERNMENTAL SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Department of Higher Education, History Colorado, the Colorado Historical Society SHF Grant Number 2022-01-066 Grantee City of Fort Collins Grant Issuance Date Maximum Grant Amount $86,600.00 Maximum Grant Percentage 92.00% Grant End Date Cash Match Amount $7,530.00 Cash Match Percentage 8.00% Encumbrance: POGG1 2022*2 Agreement Authority Authority exists under the State Constitution article XVIII, §9(5)(b)(III) and CRS §44-30-1201 for the annual distribution of monies from the State Historical Fund (SHF). Grant Purpose The purpose of this project is to develop a historic context on civil rights movements of historically excluded groups in Fort Collins, Colorado Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit A, Scope of Work 2. Exhibit B, Budget 3. Exhibit C, Submittals & Deliverables 4. Exhibit D, SHF Provisions 5. Attachment 1, SHF Payment Request & Financial Report form In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. The provisions of the other sections of the main body of this Agreement. 2. Exhibit A, Scope of Work 3. Exhibit B, Budget 4. Exhibit C, Submittals & Deliverables 5. Exhibit D, SHF Provisions Modifications 3/7/2024 3/7/2022 ATTACHMENT 1 Page 2 of 10 Version 8.10.2021 SIGNATURE PAGE THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT STATE OF COLORADO Jared S. Polis, Governor History Colorado Dawn DiPrince, Executive Director or Designee ______________________________________________ By: Dawn DiPrince, Executive Director or Designee Date: _________________________ In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD History Colorado Breanne Nugent, Contracts Officer ______________________________________________ By: Breanne Nugent or Designee Date: _________________________ 3/4/2022 3/7/2022 Page 3 of 10 Version 8.10.2021 1. GRANT As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter (the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties’ respective performances under this Grant Award Letter shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee with an updated Grant Award Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Budget” means the budget for the Work described in Exhibit B. 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. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S. D. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. E. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter. Page 4 of 10 Version 8.10.2021 F. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this Grant Award Letter. G. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant Award Letter. H. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of this Grant I. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter J. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. K. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. L. “Initial Term” means the time period between the Grant Issuance Date and the Grant Expiration Date. M. “Matching Funds” means the funds provided Grantee as a match required to receive the Grant Funds. N. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. 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 Grantee as set forth in this Grant Award Letter, and shall include any services to be rendered by Grantee 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 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 the 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. Page 5 of 10 Version 8.10.2021 U. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. V. “Work” means the delivery of the Goods and performance of the Services described in this Grant Award Letter. 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 Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 5. PROPERTY N/A 6. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for each State Fiscal Year shown on the first page of this Grant Award Letter. 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. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. B. Matching Funds Grantee shall provide the Cash Match Amount shown on the first page of this Grant Award Letter and described in Exhibit B (the “Cash Match Amount”). Grantee shall appropriate and allocate all Cash Match Amounts to the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. C. Reimbursement of Grantee Costs The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to the State of the change, the change does not modify the total maximum amount of this Grant Award Page 6 of 10 Version 8.10.2021 Letter or the maximum amount for any state fiscal year, and the change does not modify any requirements of the Work. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). D. Payments i. Payment Requests and Financial Reporting a. The State shall pay Grantee in the amounts and in accordance with the schedule and other conditions set forth in Exhibit C. b. Grantee shall initiate payment requests using Attachment 1 submitted to the State in a form and manner approved by the State. c. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under this Agreement. ii. Payment Disputes If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the State in writing of its dispute within 30 days following the earlier to occur of Grantee’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 Grantee and may make changes to its determination based on this review. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review. E. Close-Out Grantee shall close out this Grant within 30 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The State will withhold 10% of grant award amount until all final documentation has been submitted and accepted by the State as substantially complete. 7. REPORTING - NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §6.E, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The State may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 8. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. Page 7 of 10 Version 8.10.2021 B. Monitoring The State will monitor Grantee’s performance of its obligations under this Grant Award Letter using procedures as determined by the State. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. C. Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. 9. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee 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. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee 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 Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee 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. Grantee shall provide the State with access, subject to Grantee’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 Page 8 of 10 Version 8.10.2021 Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee 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. After an Incident, Grantee 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. E. Safeguarding PII If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee 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. Grantee 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. 10. CONFLICTS OF INTEREST Grantee 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 Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. 11. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 12. REMEDIES In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails to comply with any term or condition of this Grant, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the State in the State’s sole discretion. The State may also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 13. DISPUTE RESOLUTION Except as herein specifically provided otherwise or as, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. Page 9 of 10 Version 8.10.2021 14. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §13. 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 16. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their 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 State’s 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. 17. GENERAL PROVISIONS A. Assignment Grantee’s rights and obligations under this Grant 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 Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter 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. C. Entire Understanding This Grant Award Letter 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 Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Grant Award Letter 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 Grant Issuance Date. Grantee shall strictly comply with all applicable Federal Page 10 of 10 Version 8.10.2021 and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. 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. G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award Letter, 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. K. Accessibility Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards and available at https://www.w3.org/TR/WCAG21/. City of Fort Collins Exhibit A Historic Context Project #2022-01-066 Page 1 of 1 Exhibit A SCOPE OF WORK I. Purpose:The purpose of this project is to develop a historic context on civil rights movements of historically excluded groups in Fort Collins, Colorado. II. Scope of Work is as follows: A.Conduct Research and Community Engagement 1. Collaboration of City Staff, Community Ambassador Committee, and other community stakeholders throughout the project to identify and collect appropriate research materials and lists of potentially significant associated sites to support the intersectional civil rights report. 2. Ambassador Committee will collaborate with consultant to identify source material, act as cultural broker to invite participation and oral history contributions from community members. 3. City Staff will facilitate contact with research partners; arrange for Spanish- language interpretive services; provide existing sources and research materials, etc. 4. Produce list of sources and bibliography, digital collection of research material, draft list of associated historic sites; finalized, detailed report outline. B.Prepare Historic Context Report 1. Write historic context on intersectional discrimination and civil rights in Fort Collins including: a) A history of discrimination and civil rights movements against discrimination, splitting the topic logically between dominant identities based on ethnicity, race, gender, sexual orientation, disability, and religion, and addressing intersectionality among those identities. b) Recommendations for intensive-level survey of sites that may be eligible for historic designation at the local, state, and national levels, based on reconnaissance survey. c) Recommendations for interpretive strategies for non-extant sites (e.g., wayside signage) d) Identification of, and recommendations to address, potential institutional barriers to designating civil rights sites. 2. Ambassador Committee and City Staff will review report draft and provide comments prior to submitting to SHF. C.Develop List of Informed Next Steps and Outreach Stategies 1. Conduct survey and co-creative dialogue with community ambassadors to identify research gaps and community needs for storytelling and education that creates a sense of belonging for everyone. Future phase summary will include basic development concept including descriptions, partners, and potential funding. Share next steps in 1-3 community presentations. 2. Ambassador Committee will facilitate responses to survey and co-creative dialogue with consultant and staff to identify remaining research gaps and community needs for storytelling and education in the service of preservation. 3. City Staff will arrange for consultant presentations to community groups, boards/commissions. 4. Produce prioritized list of additional research needs and educational opportunities, co-created with community ambassadors, and public presentations. O:\Contracting\Contracts\2022\01\22 01 066 (Civil Rights in Ft. Collins historic context)\22 01 066 ex A.doc City of Fort Collins Exhibit B Historic Context Project #2022-01-066 Page 1 of 1 Exhibit B BUDGET TASK AMOUNT A. Project Research and Community Engagement $48,875 B. Prepare Historic Context Report $28,125 C. Develop List of Informed Next Steps and Outreach Strategies $7,550 D. Travel* $9,580 PROJECT TOTAL $94,130 Grant Award (92.00%) $86,600 Cash Match (8.00%) $7,530 * Travel must be within SHF/State allowable rates (mileage: $.53/mile (2WD); Hotel/lodging: at-cost/night; Meal allowance: $59/day) O:\Contracting\Contracts\2022\01\22 01 066 (Civil Rights in Ft. Collins historic context)\22 01 066 ex B.doc City of Fort Collins Exhibit C Historic Context Project #2022-01-066 Page 1 of 2 Exhibit C LIST OF SUBMITTALS Project Reports Due Date Society Response a. Payment Request Form (Attachment 1). Deliverables #1-3 below must be reviewed and approved before Advance Payment is made. N/A Advance Payment of Grant Award $25,980 b. Progress Report # 1 June 1, 2022 Review * c. Progress Report # 2 September 1, 2022 Review * d. Progress Report # 3 December 1, 2022 Review * e. 1st Interim Financial Report (Attachment 1). Deliverables #4-8 below must be reviewed and approved before Interim Payment is made. December 15, 2022 ** Review & Approve Interim Payment of Grant Award $25,980 f. Progress Report # 4P March 1, 2023 Review * g. Progress Report # 5 June 1, 2023 Review * h. 2nd Interim Financial Report (Attachment 1). Deliverables #9-13 below must be reviewed and approved before Interim Payment is made. June 15, 2023 ** Review & Approve Interim Payment of Grant Award $25,980 i. Progress Report # 6 September 1, 2023 Review * j. Progress Report # 7 December 1, 2023 Review * k. Final Financial Report (Attachment 1). December 15, 2023 *** Review & Approve Final Payment of Grant Award $8,660 * At the discretion of the SHF technical staff, progress reports may not receive a response. ** Interim Financial Report due date is a guideline. Please submit Interim Financial Report when 40% or more of Advance is expended and you are ready for the next payment. *** Final Payment is a reimbursement ONLY after all contractors are paid in full. All deliverables and submittals must be received at least 30 days prior to the Grant End Date. City of Fort Collins Exhibit C Historic Context Project #2022-01-066 Page 2 of 2 Exhibit C PROJECT DELIVERABLES All deliverables must be submitted digitally to your assigned Resource Specialist. Project Deliverables SHF Response 1. Initial Consultation with SHF Resource Specialist Review Comment and/or Approve 2. Contract Certification Form for: Context Consultant Review Comment and/or Approve 3. Resume for: Context Consultant Review Comment and/or Approve 4. List of Community Ambassador Committee members and project stakeholders Review Comment and/or Approve 5. Detailed Historic Context Outline Review Comment and/or Approve 6. Draft list of associated historic sites Review Comment and/or Approve 7. Link to digital collection of research material Review Comment and/or Approve 8. List of sources and bibliography Review Comment and/or Approve 9. Draft Historic Context Report Review Comment and/or Approve 10. List of survey priorities Review Comment and/or Approve 11. List of additional research needs, interpretive strategies for non-extant properties, and educational opportunities Review Comment and/or Approve 12. Recommendations to address potential institutional barriers to designating civil rights sites Review Comment and/or Approve 13. Interim meeting with SHF Resource Specialist, if needed Review Comment and/or Approve 14. Final Historic Context Report Review Comment and/or Approve 15. Link to Historic Context Report on City website Review Comment and/or Approve 16. Documentation of professional/public outreach (community meetings, stakeholder interviews, etc.) Review Comment and/or Approve O:\Contracting\Contracts\2022\01\22 01 066 (Civil Rights in Ft. Collins historic context)\22 01 066 ex C.doc City of Fort Collins Exhibit D Historic Context Project #2022-01-066 Page 1 of 1 Exhibit D STATE HISTORICAL FUND PROVISIONS 1. STANDARDS OF WORK The Property Owner and Grant Recipient agree that they will perform the activities listed in Exhibit A and produce the deliverables listed in Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards for Archaeology and Historic Preservation. The Property Owner and Grant Recipient shall perform any and all survey activities and submittals in accordance with the Survey Manual and How to Complete Colorado Cultural Resource Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any and all survey activities and projects (copies of which are available through History Colorado). 1. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS The Grant Recipient and Property Owner agree to provide History Colorado with copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by History Colorado. The Grant Recipient and Property Owner agree to otherwise restrict access to such archaeological surveys, as well as access to any other information concerning the nature and location of archaeological resources, in strict accordance with the provisions of History Colorado-Office of Archaeology and Historic Preservation, Policy on Dissemination of Information, adopted October 1991, a copy of which is available from History Colorado. 2. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE In all publications and similar materials funded under this Agreement, a credit line shall be included that reads: "This project is/was paid for in part by a History Colorado – State Historical Fund grant." In addition, History Colorado reserves the right to require that the following sentence be included in any publication or similar material funded through this program: "The contents and opinions contained herein do not necessarily reflect the views or policies of History Colorado". 3. MATCHING FUNDS In the event that said matching funds, as provided in Cover Page & Exhibit B, become unavailable, the State may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its pro-rata share of the unexpended budget. 4. QUALIFYING EXPENDITURES Expenditures incurred by the Grantee or Property Owner prior to execution of this Agreement are not eligible expenditures for State reimbursement. If the Project involves matching funds the State may allow prior expenditures in furtherance of the Scope of Work to be counted as part of such matching funds. 5. BUDGET REVISIONS In the event budget line items need to be increased/decreased over 25% for any budget line item, Grantee shall provide a written request, in advance, with a detailed explanation and information for the revision(s) in a form and manner approved by the State. 6. INTEREST EARNED Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and will be deducted from the final payment. 7. RECAPTURE The following recapture provision shall apply only to a private/for-profit Property Owner: In the event that the property, as a whole, is sold within a five-year period after completion of the grant, the following recapture provision shall apply: If the property is sold within the first year after completion, one-hundred percent (100%) of the funds awarded shall be returned to the State, with a twenty percent (20%) reduction per year thereafter. 8. ACQUISITIONS For acquisition projects, upon receipt by the State of documentation for the execution of a recorded deed of real property between Property Owner and Grantee, the State, Grantee, and Property Owner agree the Property Owner will cease to be a party to the Agreement. v. 10.29.2021 PAYMENT REQUEST AND FINANCIAL REPORT FORM (ATTACHMENT 1) G:\Shared drives\SHF\O drive 3.16.20\Contracting\Award Packet\Left Side\Pay Request and Financial Report rev 07012021.docx For advance, contingency, and easement fee payments: Only complete steps 1, 2, and 5. Include a copy of the Easement Fee invoice when requesting an Easement Payment. For all other payments, ALL steps and page 2 must be completed. Copies of invoices are not required, but may be requested by SHF staff. Guidelines: Refer to Exhibit C of your grant award document for payment amounts and deliverables due before submitting a payment request. At least 40% of your previous grant payment must be spent or invoiced prior to receiving the Interim Payment(s). Approved contingency funds will be added to your final payment if not requested previously. Final payment is a reimbursement only. All invoices must be paid in full. Step 1) General Information: Project # Grant Recipient Organization: Step 2) Payment(s) Requested (Choose all that apply): Advance Interim 2nd Interim (if applicable) Final Contingency Easement Step 3) Financial Report: Report all payments you’ve made, including payments of cash match, to subcontractors and individuals for work on the project since your last payment request. You must indicate which budget task(s) from Exhibit B the payment is for. If a single payment is for more than one budget task, break the invoice out onto multiple lines to report the amount paid for each task. Award Amount $ Project Ratio Grant Funds: % / Cash Match: % PAYEE NAME who ǁĂƐ paid BUDGETED TASK as listed in Exhibit B of Contract DATE PAID CHECK # AMOUNT PAID I hereby certify that all expenses reported above have been PAID and that all of the information is correct and that any false or misrepresented information may require immediate repayment of any or all funds. 1st Interim Financial Report Total 2nd Interim Financial Report Total Final Financial Report Total Project Total Step 4) Additional Information: Project is estimated __________% Complete Interest Earned: $____________ Step 5) Signature: _______________________________________________________ Grant Recipient Organization Signatory Date FOR SHF USE ONLY ____________________ Review ___________________ QC ___________________ Approved -1- ORDINANCE NO. 067, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATION AND AUTHORIZING TRANSFERS FROM THE GENERAL FUND OF THE STATE HISTORICAL FUND GRANT TO PRODUCE A HISTORIC CONTEXT REPORT OF CIVIL RIGHTS IN FORT COLLINS WHEREAS, the City recently was awarded a grant in the amount of $86,600 (the “Grant”) by the State Historical Fund; and WHEREAS, matching funds of $7,530 for the Grant are earmarked in the Historic Preservation Division’s 2022 budget and appropriated for this purpose; and WHEREAS, the Grant will pay for professional historic preservation services to produce a historic context report on civil rights in Fort Collins; and WHEREAS, the Grant will pay for professional historic preservation services and community partners and stakeholders to identify a preliminary list of associated historically significant properties and consider which of these may be eligible for historic designation following future intensive-level survey; and WHEREAS, the Grant will pay for professional historic preservation services to identify appropriate future projects that expand the story of civil rights in Fort Collins beyond the initial report; and WHEREAS, the results of this historic context report will be used to promote awareness and uplift the histories of historically excluded and underrepresented members of the Fort Collins community, and will provide the City with the tools to make informed planning decisions; and WHEREAS, this appropriation benefits the public health, safety and welfare of the residents of Fort Collins and serves the public purpose of promoting the City’s Strategic Plan in the areas of Culture and Recreation, Economic Health and Neighborhood Livability and Social Health; and WHEREAS, this appropriation specifically promotes the Equity, Inclusion and Diversity goals articulated in the City Plan of “of cultivating a safe and welcoming community focusing on equitable engagement, outcomes and service delivery for all, leading with race;” 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 -2- WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General 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 10 of the City Charter authorizes the City Council, upon recommendation by the City Manager, to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged, the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the Interim City Manager has recommended the transfer of $7,530 from the Historic Preservation Division’s Operating Budget in the General Fund to the State Historical Fund Grant in the General Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a state grant, 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 state grant the City’s expenditure of all funds received from such grant; and WHEREAS, the City Council wishes to designate the appropriation herein for the State Historical Fund Grant for the Historic Context of Civil Rights in Fort Collins as an appropriation that shall not lapse until the earlier of the expiration of the Grant or the City’s expenditure of all funds received from such Grant. 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 General Fund the sum of EIGHTY-SIX THOUSAND SIX HUNDRED DOLLARS ($86,600) to be expended in the General Fund for State Historical Fund Grant for the Historic Context of Civil Rights in Fort Collins. Section 3. That the unexpended and unencumbered appropriated amount of SEVEN THOUSAND FIVE HUNDRED THIRTY DOLLARS ($7,530) is authorized for transfer from the Historic Preservation Division’s operating budget in the General Fund to the State Historical -3- Fund Grant for the Historic Context of Civil Rights in Fort Collins in the General Fund and appropriated therein. Section 4. That the appropriation herein for State Historical Fund Grant for the Historic Context of Civil Rights in Fort Collins 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 grant or the City’s expenditure of all funds received from such grant. Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk