HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/16/2024 - REGULAR MEETING
Fort Collins City Council Agenda
Regular Meeting 6:00 p.m., Tuesday, January 16, 2024 City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by
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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para
que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
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City of Fort Collins Page 1 of 8 City Council Summary Agenda
City Council
Regular Meeting Agenda
January 16, 2024 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring January 28 through February 3, 2024 as National Catholic Schools Week.
PP 2. Declaring January 2024 as National Skating Month.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS – None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
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• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not also be entitled to
speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and
will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the December 19, 2023 Regular Meeting and
the January 9, 2024 Special Meeting.
The purpose of this item is to approve the minutes of the December 19, 2023 regular meeting and
the January 9, 2024 special meeting.
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2. First Reading of Ordinance No. 001, 2024, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund for Eligible Reimbursement to the Waterfield
Fourth Filing Developer for Construction of Suniga Road, Vine Drive, and Merganser Street
Improvements as Part of Waterfield Fourth Filing Phases 1 through 4; and for the
Dedication of Suniga Road Right-of-Way.
The purpose of this item is to appropriate $1,413,645 of Transportation Capital Expansion Fee
(TCEF) Funds for expenditure from the Transportation Capital Expansion Fee Program Budget
to reimburse the Waterfield Fourth Filing developer, DFC Waterfield, LLC (Developer), for its
oversizing construction of Suniga Road, Vine Drive, and Merganser Drive. As part of Phases 1
through 4 of the Waterfield Fourth Filing, the Developer has constructed Suniga Road as a four-
lane arterial, Vine Drive as a collector, and Merganser Drive to City standards as part of its
development requirements. Per Section 24-112 of the City Code, the Developer is eligible for
reimbursement from TCEF funds for the oversized, non-local portion of Suniga Road, Vine Drive,
and Merganser Drive not attributed to the local portion obligation. Additionally, the Developer has
dedicated Suniga Road right-of-way as a four-lane arterial from its western boundary to
Timberline Road and is also eligible for reimbursement from TCEF funds for the oversized, non-
local portion of Suniga Road right-of-way.
3. First Reading of Ordinance No. 002, 2024, Appropriating Funds for Change Management
Resources to Support Legislative Management Software Implementation Funds.
The purpose of this item is to appropriate $375,000 of general fund reserves to contract with
Prosci, Inc., to provide change management support for the Legislative Management Software
project throughout its implementation in 2024. Council Finance Committee recommended this
move forward to Council at their December 19 meeting.
4. First Reading of Ordinance No. 003, 2024, Authorizing Transfers and Reappropriation of
Funds Previously Appropriated for the Utilities’ Grid Flexibility Programs.
The purpose of this item is to receive approval for the funding of grid flexibility programs through
the appropriation of prior year reserves and reappropriation of previously approved Light and
Power funds. The ordinance does not appropriate any new funding, but rather optimizes
previously appropriated funds to accelerate progress toward Our Climate Future (OCF) goals.
5. First Reading of Ordinance No. 004, 2024, Authorizing Transfers of Appropriations and
Appropriating Related Funds for the Environmental Services Radon Program.
The purpose of this item is to support the City’s Environmental Services Radon program by:
● Appropriating $9,000 of unanticipated grant revenue awarded by the Colorado Department of
Public Health and Environment (CDPHE) and
● Utilizing matching funds in the amount of $6,000 from existing 2024 appropriations for this grant
project.
In December 2023, CDPHE awarded the City $9,000 under the CDPHE Indoor Radon grant
program. The City will provide an additional $6,000 in required matching funds. The award funds
and City’s matching funds will support radon testing and mitigation programs to protect public
health for the Fort Collins community.
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City of Fort Collins Page 4 of 8
Pursuant to the State of Colorado Purchase Order Terms and Conditions, and in accordance with
Section 1-22 of the City Code, the City Manager has accepted the grant agreement. The $9,000
are federal funds from the Environmental Protection Agency being passed through to the City by
CDPHE.
6. First Reading of Ordinance No. 005, 2024, Authorizing Transfers of Appropriations and
Appropriating Related Funds for the Timberline Recycling Center Infrastructure and
Efficiency Improvements.
The purpose of this item is to support Timberline Recycling Center (TRC) infrastructure and
efficiency improvements by:
● Appropriating $294,853 of unanticipated revenue awarded by the Colorado Departments of
Public Health and Environment’s Front Range Waste Diversion Enterprise (FRWD), and
● Transfer $28,393 matching funds from existing appropriations in the Capital Projects Business
Unit for the project
The grant funds and matching funds will support replacement of equipment that has exceeded its
useful life, as well as incorporation of new infrastructure to provide a safe, accessible and
functional recycling facility. Contribution to the Art in Public Places (APP) Program is not required
due to grant restrictions.
7. First Reading of Ordinance No. 006, 2024, Authorizing Transfers and Appropriating Related
Funds for the Oak Street Stormwater Improvements Project.
The purpose of this item is to request an appropriation to fund the construction of the Oak Street
Stormwater Improvements Project. It will fund the construction contract with the general
contractor; contracts for resident engineering and construction management services, permitting
and internal project support and management; construction contingency (~4%) and funding for
the Art in Public Places (APP) program. The construction contingency included herein is less than
the typical amount that would normally be associated with this size of contract (10-15% is typical).
If additional contingency funds are needed in the future, those funds would be requested to be
appropriated from the Stormwater Reserve Fund.
The total amount being requested for appropriation is $39,962,815:
● Construction Contract $36,645,015
● Construction Support (Resident Engineer, Construction Manager, Permitting and Internal
Support) $1,720,000
● Construction Contingency $1,550,000
● APP Program $47,800
The Stormwater Utility Enterprise Board adopted Ordinance No. 011, 2023 (First Reading on
September 19, 2023, and Second Reading on October 3, 2023) authorizing bond issuance in the
Stormwater Fund for the construction of the Oak Street Stormwater Improvements project.
Following the sale and closing of the bonds, gross proceeds in the amount of $40.4M were
deposited into the Stormwater Fund reserves on October 31, 2023.
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8. First Reading of Ordinance No. 007, 2024, Amending Article II of Chapter 5 of the Code of
the City of Fort Collins to Exempt Plumbing Fixtures from Permits and Inspections.
The purpose of this item is to request a Code amendment to exempt plumbing fixture
replacements, such as sinks, faucets, drains, showers, tubs, and toilets from the permit
requirements under Chapter 5 of the City Code, for the following reasons: Colorado State does
not require permits for this type of work, very few fixture replacements are currently done with a
permit, there are no concerns with life or safety, and requiring permits creates additional barriers
and cost impacts to improving indoor water efficiency.
9. First Reading of Ordinance No. 008, 2024, Authorizing the Conveyance of a Permanent
Non-Exclusive Utility Easement on Property Jointly Owned by the City of Fort Collins and
the City of Loveland at the Northern Colorado Regional Airport for the New Airport
Terminal Facility.
The purpose of this item is to authorize a permanent non-exclusive utility easement over a portion
of the Northern Colorado Regional Airport property owned jointly by the City of Fort Collins and
the City of Loveland to allow for the installation and maintenance of electrical infrastructure for
the new Airport terminal facility.
10. Resolution 2024-001 Supporting a Grant Application for Co-responder/Community Based
Alternative Response Support Funding for Fort Collins Police Services.
The purpose of this item is to obtain support and approval for the City to apply in partnership with
UC Health for grant funds in support of Fort Collins’ Police Services Mental Health Response
Team.
11. Resolution 2024-002 Authorizing the Mayor to Execute an Intergovernmental Agreement
with Larimer County to Continue Support for the Larimer County Conservation Corps
Energy and Water Program.
The purpose of this item is to seek approval of an intergovernmental agreement (IGA) between
the City and Larimer County for funding of the Larimer County Conservation Corp (LCCC) Water
and Energy Program (“Program”). The agreement would allow for four annual renewals for a total
potential term of five years, subject to annual appropriations.
The City of Fort Collins Utilities (FCU) has partnered with Larimer County to fund the LCCC since
2010 with tremendous success. LCCC crews have supported local resource conservation by
providing home efficiency assessments to customers of FCU and Loveland Water and Power.
These free home efficiency assessments include an on-site assessment, customer education,
and direct installation of energy and water saving equipment such as LED lightbulbs,
showerheads, and high-efficiency toilets. From 2010 to 2023, LCCC crews assessed over 4,000
homes served by FCU and provided resources and services that enabled these customers to
save on their utility bills.
Due to its success, the Program is now part of the City’s Utilities Affordability Portfolio which
provides a mechanism for low to moderate income customers to control their energy use and
costs.
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12. Resolution 2024-003 Authorizing the City Manager to Enter into an Agreement with Various
Entities Regarding the Upper Poudre Watershed Source Water Protection Plan (Phase 1 –
Plan Development).
The purpose of this item is to request approval for the City, through Fort Collins Utilitie s (“Utilities”),
to enter into an agreement for cost-sharing the development of a regional Source Water
Protection Plan (“SWPP”) with the City of Greeley, Soldier Canyon Water Treatment Authority,
Northern Colorado Water Conservancy District (“Northern Water”), and the City of Thornton.
Utilities’ Cache la Poudre River (“Poudre River”) and Horsetooth Reservoir source watersheds
provide high quality raw water for water treatment. Protecting these source water supplies from
pollution is key to providing our community with reliable, safe, and high-quality drinking water.
There are significant challenges associated with monitoring and protecting water quality in these
source watersheds. Utilities’ 2016 SWPP has guided Utilities’ source water protection activities to
date but needs to be updated. The Cities of Fort Collins (through Utilities), Greeley, and Thornton
as well as Soldier Canyon Water Treatment Authority and Northern Water use water from the
Poudre River and Horsetooth Reservoir. Staff from Utilities’ Watershed Program and these
entities are seeking to develop a collaborative SWPP to improve communication, alignment,
promote cost-sharing and implementation of source water protection projects. The proposed
Agreement Regarding the Upper Poudre Watershed Source Water Protection Plan (Phase 1 –
Plan Development) (“SWPP Agreement”) outlines terms and conditions of developing a
collaborative SWPP. On December 7, 2023, the Water Commission formally recommended that
Council authorize the City Manager to sign the SWPP Agreement.
13. Resolution 2024-004 Making Appointments to the Housing Catalyst Board.
The purpose of this item is to fill vacancies on the Housing Catalyst Board that exist due to the
expiration of certain members’ terms.
14. Resolution 2024-005 Making an Appointment to the Platte River Power Authority Board.
The purpose of this item is to appoint a new City representative to the Platte River Power Authority
Board to fill the vacancy created by Kendall Minor’s resignation from the Board.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS – None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by staff
• Staff presentation (optional)
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City of Fort Collins Page 7 of 8
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
15. Second Reading of Ordinance No. 175, 2023, Repealing Ordinance No. 136, 2023,
Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the
Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-
2024 Transitional Land Use Regulations,” and Related Ordinance No. 137, 2023, and
Ordinance No. 138, 2023.
This Ordinance adopted on First Reading on December 19, 2023, by a vote of 3-2 (Ayes: Mayor
Arndt, Mayor Pro Tem Francis, and Councilmember Canonico; Nays: Councilmembers Gutowsky
and Ohlson; Absent: Councilmember Peel; and Remote (non-voting): Councilmember Pignataro),
includes language repealing the associated Ordinance Nos. 137, 2023, and 138, 2023, that
respectively made updates to City Code to align with the revised Land Use Code and renamed
the Neighborhood Conservation zone districts to the Old Town zone district in alignment with the
revised Land Use Code.
16. First Reading of Ordinance No. 009, 2024, Amending Section 2-596 of the Code of the City
of Fort Collins and Setting the Salary of the City Manager.
The purpose of this item is to amend City Code to establish the 2024 salary of the City Manager.
Council met in executive session on December 19, 2023, to conduct the performance review of
Kelly DiMartino, City Manager, and to consider the salary market analysis for this position.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
Q) ADJOURNMENT
The January 16, 2024 Work Session to Immediately Follow in the Council Information Center
(CIC), new location.
Work Session Meeting Link:
https://fortcollins-co.municodemeetings.com/bc-citycouncil/page/city-council-work-session-24
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
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considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
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PROCLAMATION
WHEREAS, since 1974, National Catholic Schools Week is the annual celebration of
Catholic education in the United States; and
WHEREAS, it starts the last Sunday in January and runs all week, which in 2024 is
January 28 through February 3; and
WHEREAS, the theme for National Catholic Schools Week 2024 is “Catholic Schools:
United in Faith and Community;” and
WHEREAS, schools typically observe the annual celebration week with Masses, open
houses and other activities for students, families, parishioners and community members; and
WHEREAS, through these events, schools focus on the value Catholic education provides
to young people and its contributions to our church our communities and our Nation; and
WHEREAS, each day a different entity is celebrated: Sunday, our school parish; Monday,
our community; Tuesday, our students; Wednesday, our Nation; Thursday, our vocations; Friday,
our faculty, staff and volunteers; and Saturday, our families.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim January 28 through February 3, 2024, as
NATIONAL CATHOLIC SCHOOLS WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 16th day of January, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item PP 1.
PROCLAMATION
WHEREAS, the month of January is celebrated as the U.S. Figure Skating National
Skating Month; and
WHEREAS, the City of Fort Collins, is recognizing this celebration; and
WHEREAS, we recognize and support the mission of U.S. Figure Skating to create and
cultivate opportunities for participation and achievement in figure skating. To foster fun and
inspire a lifelong passion for skating while developing champions on and off the ice; and
WHEREAS, we thank the coaches who dedicate their time to create an incredible
environment for our athletes to reach their fullest potential, learn valuable skills, and create a sense
of belonging to grow the skating community; and
WHEREAS, we celebrate and recognize the EPIC team and Fort Collins Figure Skating
Club programs offered at the City of Fort Collins’ Edora Pool Ice Center (EPIC); and
WHEREAS, we thank the support of the community, Fort Collins Figure Skating, U.S.
Figure Skating and local coaches to host a free Public Skate session on January 27, from 12:15
p.m. to 2:00 p.m., to celebrate National Skating Month at Edora Pool Ice Center; and
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim, January 2024, as
NATIONAL SKATING MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 16th day of January, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item PP 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Anissa N. Hollingshead, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the December 19, 2023 Regular Meeting and the
January 9, 2024 Special Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the December 19, 2023 regular meeting and the
January 9, 2024 special meeting.
STAFF RECOMMENDATION
Staff recommends approval of both sets of minutes.
ATTACHMENTS
1. Draft Minutes, December 19, 2023
2. Draft Minutes, January 9, 2024
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Item 1.
City of Fort Collins Page 261 City Council Proceedings
December 19, 2023
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
None scheduled.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro (remote and not voting)
Councilmember Tricia Canonico
Councilmember Shirley Peel (left the meeting at 7:44 pm)
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Deputy City Clerk Heather Walls
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
All items on the consent agenda were recommended for approval.
One minor wording error was corrected in the November 21, 2023 minutes.
The items on the discussion agenda were reviewed.
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Item 1.
City of Fort Collins Page 262 City Council Proceedings
F) COMMUNITY REPORTS
None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Doug Bartlett, Fort Collins resident, agreed the Land Use Code is due for an update and more
affordable housing, both for rent and purchase, is needed in Fort Collins but disagreed that stating the
proposed regulations related to accessory dwelling units (ADUs) are not appropriate for Fort Collins
as many homeowners have purchased homes with the expectation that the existing zoning would
ensure that the lots and homes around them would retain their style and density.
Vicki Rossen, Fort Collins resident, requested Council place the Land Use Code on the ballot or repeal
it and amend it to exempt existing established residential neighborhoods then place it on the ballot.
Stated the divisiveness that has resulted from this process could be avoided by placing the Land Use
Code on the ballot.
Ronald Hanser, Fort Collins resident, supported referring the Land Use Code to the ballot stating it
will reflect what the voters want. Feels that the Land Use Code is not too complicated for residents to
understand, and such far-reaching changes should be voted upon.
Susan Woods, Fort Collins resident, reviewed the history of the Land Use Code Ordinance and
indicated the successful citizen petitions are a clear message to Council, stating support for placing
the item on the ballot.
Marsha Mulroney, Fort Collins resident, supported placing the item on the ballot and commented on
the increased traffic that would result from the changes and on Fort Collins losing its character.
William Dieterich, Fort Collins resident, discussed the fact that both candidates in District 4 were in
favor of the new Land Use Code; therefore, those residents were not able to vote for a candidate
opposed to the Codem and stated support for putting the item on the ballot.
Tom Griggs, Fort Collins resident, stated how we deal with growth has everything to do with who we
are as a community, then questioned what the ultimate response will be to the unquestionable need
for affordable housing and ensuring a responsible approach to climate change.
Bill King, Fort Collins resident, stated community members actively sought out petition locations and
signers were adamantly opposed to the proposed Land Use Code changes and the impact the
changes will have on quality of life. Specifically, concerns were brought up about increased density,
increased traffic, environmental damage, a lack of adequate infrastructure, and increasing crime. King
expressed support for placing this issue on the ballot.
Christopher Conway, Fort Collins resident and lead for YIMBY (“yes in my back yard”) Fort Collins,
supported the updated Land Use Code and noted that every pro-housing candidate won the recent
Council election.
Katie McMahon, Fort Collins resident, supported the reinstatement of the revised Land Use Code and
stated there are not enough viable housing options in Fort Collins.
Vivian Bust, Fort Collins resident, opposed the Land Use Code changes and stated there appears to
be undue urgency to implement the revised Code without giving citizens the opportunity to vote. Bust
also commented on wildfire danger related to higher density housing.
Michelle Haefele, Fort Collins resident, urged Council to take public input into account and either place
the item on the ballot or repeal the proposed Code all together.
Mary Alice Grant, Fort Collins resident, supported placing the item on the ballot. Grant agreed that
affordable housing is needed and stated a solution that will result in affordable housing needs to be
developed. Additionally, a solution needs to be developed that takes into account the goals of the
people who live in or moved to Fort Collins.
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Susan Sires, Fort Collins resident, stated she was an active participant in the second petition effort
citing extreme proposed revisions. Sires supported placing the item on the ballot.
Adam Eggleston, Fort Collins resident, commended the staff outreach and engagement on the Land
Use Code and commented on past major decisions that have benefited the City. Eggleston suggested
possibly removing the ADU aspect and adding increased density bonuses for affordable housing
before re-adopting the Land Use Code and also encouraged bringing forth phase two of the revisions
as soon as possible.
Kate Conley, Fort Collins resident, requested Council reinstate the revised Land Use Code
immediately.
Lisa Dunckel Koepke, Fort Collins resident, stated the changes that would result from the updated
Land Use Code would adversely affect the community and its inhabitants in terms of overwhelmed
infrastructure and possible water and noise issues. Koepke supported placing the item on the ballot.
Larry Grant, Fort Collins resident, supported referring the item to the ballot. Grant expressed support
for affordable housing but stated the proposed changes rely too heavily on aspirational language with
no specifics and stated citizens have a right of expectation and predictability.
Charles Kopp, Fort Collins resident, supported referring the item to the ballot and stated the Code is
not too complicated for the public to decide.
Bill Fairbank, Fort Collins resident, supported referral of the item to the ballot. Fairbank stated the new
Code threatens the quality of life in Fort Collins.
Margit Hentschel, Fort Collins resident, stated voting is necessary for peace and democracy.
Hetschekl discussed comments made by Geoff Wilson, the hearing officer for the protest hearing, and
supported placing the item on the ballot.
Peter Connelly, Fort Collins resident, stated it is abundantly clear that the revised Land Use Code is
not acceptable to residents. Connelly commented on a recent Travel and Leisure Magazine article
honoring Fort Collins as the most peaceful place to live in the United States which cited low noise
levels, outdoor spaces, high numbers of bicycle commuters, and parks.
Linda Hall, Fort Collins resident, quoted from the First Amendment and stated the last five minutes of
the December 5 Council meeting was a direct assault on those rights.
Stephanie Berganini, Fort Collins resident, supported the amendments related to mobile home park
management and livability. Additionally, Berganini supported repealing and readopting the Land Use
Code rather than placing it on the ballot and noted all the candidates who support the Land Use Code
were elected in the recent Council election.
Jason Knebel, Fort Collins resident, requested Mayor Pro Tem Francis recuse herself from any future
votes on the Land Use Code as she is a founding member of the FoCo Forward Coalition which is
affiliated with YIMBY Fort Collins. Knebel stated it is not the purpose of the City to provide housing for
everyone who wants to live here then commented on the power of recall in the City Charter.
Beth Goodwin, Fort Collins resident, expressed support for increased density and stated the voters
have spoken as they voted for candidates who support the new Land Use Code.
Paul Anderson, Fort Collins resident, opposed the Land Use Code updates and stated ADUs should
be removed from RL zones.
Barbara Denny, Fort Collins resident, supported referring the item to the ballot. Denny noted collecting
signatures for the petition effort and referenced the signers expressing desire to slow density and
preserve Fort Collins’ current character.
Trudy Haines, Fort Collins resident, stated it is not a small fraction of individuals who want to see this
item on the ballot. Haines stated the HOA (homeowners association) coalition represents 8,500
households and approximately 18,000 residents across all Council districts; however, the coalition
feels its input continues to be ignored. Further noting the Council election was not a vote for the Land
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Use Code as there was only one competitive race where the candidates had a difference of opinion.
Haines stated the Code is not too complex to put on the ballot.
Jerry Gavaldon, Fort Collins resident, stated this disagreement could have been avoided if everyone
had worked together, stating no one is an expert on the topic and suggesting many have been
excluded from the process.
Dawn Cramer, Fort Collins resident, stated many have not felt heard and expressed support for placing
the item on the ballot.
Martha Hedrick, Fort Collins resident, stated all petition signers have a right to be heard and stated
the item should be placed on the ballot to allow voters to decide.
Tom Farnsworth, Fort Collins resident, stated he collected petition signatures, and the major concern
of signers was Old Town. Farnsworth requested Council not allow the Land Use Code to change the
character of Old Town and stated the focus should be on development of communities, not
redevelopment of existing neighborhoods.
Colleen Hoffman, Fort Collins resident, stated the issue of water limitation is a major concern and has
not been fully addressed, requesting the item be placed on the ballot.
Jeff Gantman, Fort Collins resident, expressed support for affordable housing but does not agree with
the inclusion of ADUs in single family neighborhoods, and stated Council needs to do a better job of
both advocating for more housing and protecting single family neighborhoods. Gantman suggested
existing commercial areas with vast areas of surface parking could be rezoned for significant amounts
of housing.
Patricia Babbitt, Fort Collins resident, expressed concern about the effects of increased density on
urban wildlife and support for placing the item on the ballot.
Nicole Swan, Fort Collins resident, supported the new Land Use Code and stated a small percentage
of signatures should not derail the process. Swan stated this change is important and the City needs
to plan for changes.
Tyler G., Fort Collins resident, opposed referring the item to the ballot and expressed support for the
revised Land Use Code.
Johanna Loury, Fort Collins resident, shared pride in the efforts of Preserve Fort Collins in their
successful effort of petition and requested Council focus its efforts to address the need for affordable
housing on vacant land available for development.
Tamra Meurer, Fort Collins resident, stated housing prices have never fallen in Fort Collins and
expressed support for referring the item to the ballot, stating developers should be held accountable
to affordable housing requirements.
Dianna Murphy, Fort Collins resident, asked about the immigration legal fund budget and whether
there has been an update on the progress of the program. Murphy asked if Council has considered if
the funds could be better allocated to the quality-of -life needs, rental assistance, or other immediate
needs of undocumented residents.
William Whitley, Fort Collins resident, spoke in favor of ADUs but was opposed to scraping existing
houses to build mansions to line developers’ pockets. Whitley supported the placement of the item on
the ballot.
Sara Brooks, Fort Collins resident, stated the revised Code will permanently alter the strength of
neighborhoods. Brooks requested the placement of the item on the ballot.
Alan Braslau, Fort Collins resident and member of Energy Board, discussed the effects of increasing
density with inadequate public transit. Additionally, Braslau stated the proposed Code seeks to reduce
the requirements for residential parking which goes against encouraging the ownership of electric
vehicles.
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Rich Stave, Fort Collins resident, spoke regarding better public accessibility for participating in Council
meetings, including questioning why the reserved parking spaces at City Hall indicate they are
reserved until 6:00 p.m. when meetings start at 6:00 p.m., also sharing public transit needs to be
available for the duration of Council meetings, and expressing the need for a public comment sign up
kiosk to be available ahead of a public meeting. Stave also expressed interest in the consolidation of
City departments for the interest of the public to see ongoings in a more cohesive manner as well as
sharing concerns with Boards and Commissions having ex officio members.
Public comment concluded at 7:20 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Mayor Arndt asked about the next update regarding the immigration legal defense fund. City Manager
DiMartino noted the next performance assessment will be in January.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the November 21, 2023 Regular Meeting, the
November 28, 2023 Adjourned Meeting, and the December 5, 2023 Regular Meeting.
The purpose of this item is to approve the minutes of the November 21, 2023 regular meeting,
the November 28, 2023 adjourned meeting, and the December 5, 2023 regular meeting.
Approved.
2. Second Reading of Ordinance No. 163, 2023, Appropriating Unanticipated Revenue in the
Transportation Services Fund for “Work For Others” Program Expenses.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, appropriates
$700,000 in unanticipated revenue in the Transportation Services Fund received for work to be
completed through the Planning, Development, and Transportation’s “Work for Others” program.
This appropriation will be used for costs corresponding to the program and the generated
revenue.
Adopted on Second Reading.
3. Second Reading of Ordinance No. 164, 2023, Appropriating Prior Year Reserves for the
Golf Enterprise.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, considers an
appropriation of $185,000 from golf reserves to the 2023 budget associated with the additional
costs in golf related to higher revenues.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 165, 2023, Appropriating Prior Year Reserves and New
Philanthropic Revenue Received through City Give for Various Programs and Services as
Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, requests an
appropriation of $11,968.53 in philanthropic revenue received through City Give. These
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miscellaneous gifts to various City departments support a variety of programs and services and
are aligned with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 166, 2023, Amending Chapters 18 and 26 of the Code of
the City of Fort Collins Regarding Mobile Home Park Management and Livability.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, presents Municipal
Code updates related to the livability issues identified by residents, property managers, and
owners of manufactured housing communities/mobile home parks in our community. This item
also addresses analysis of unmet needs in the State of Colorado Mobile Home Park Oversight
Program.
Staff’s recommendation includes the following Code changes:
● Expansion of authorization to conduct inspections in mobile home parks to include not only the
Building Official, but also Specially Commissioned Officers under the Chief of Police.
● Establishment of protection for use and installation of clotheslines by residents in mobile home
parks in Section 18-6(g).
● Establishment of protection for use and installation of window-mounted air conditioning units or
evaporative coolers on homes within mobile home parks in Section 18-6(h).
● Establishment of new water utility billing/rebilling transparency requirements for Fort Collins
Utility mobile home park water customers including:
○ Require as a condition of mobile home park service from the City’s water utility that a mobile
home park customer directly provide a designated Specially Commissioned Officer, or
authorize such Officer to obtain, a copy of a notice, correspondence, invoice, and water leak
notice from the water utility within seven days of receipt in Section 18-7(c).
○ Require as a condition of mobile home park service from the City’s water utility that a mobile
home park customer participates in the continuous consumption of water usage/leak
notifications system through Fort Collins Utilities in Section 18-7(c).
○ Authorize the City’s water utility in serving a mobile home park to provide the designated
Specially Commissioned Officer a copy of any notice, correspondence, invoice, and water leak
notice sent to the mobile home park in Section 18-7(c). Add a cross-reference to these
changes to Section 26-97 (water utility lines; general regulations).
○ Acknowledge, as a condition of service, the designated Specially Commissioned Officer may
exercise the power to audit and collaborate with the City’s water utility to verify and maintain
accuracy of water rebilling by the mobile home park.
Adopted on Second Reading.
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6. Second Reading of Ordinance No. 167, 2023, Amending Chapters 3 and 17 of the Code of
the City of Fort Collins to Update and Align City Code Regarding Alcohol Beverages with
State Law Changes and Adding Municipal Code Violations for Certain Alcohol -Related
Offenses.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, requests approval
of the proposed amendments to Chapter 3 (Alcohol Beverages) and Chapter 17 (Miscellaneous
Offenses).
Adopted on Second Reading.
7. Second Reading of Ordinance No. 168, 2023, Amending Article III of Chapter 25 of the Code
of City of Fort Collins for the Voter Approved One-Half Cent Sales Tax Rate Increase
Effective January 1, 2024.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, amends Section
25-75 of City Code to reflect the 0.50% sales and use tax approved by the voters at the City’s
November 7, 2023, election. The City of Fort Collins tax rate will increase from 3.85% to 4.35%
beginning January 1, 2024. The use of the revenue is specifically identified in the ballot measure
and, in general, may be used for parks and recreation facilities, environmental sustainability, and
for public transit system improvements. The tax will not apply to: (1) items exempt from sales and
use tax under the City Code; (2) food for home consumption; and (3) for the use tax only,
manufacturing equipment.
The Ordinance would also amend Section 25-75 to remove reference to a 0.85% sales and use
tax that expired at midnight on December 31, 2020. City staff is recommending this change as a
clean-up item to remove extraneous provisions from the City Code
Adopted on Second Reading.
8. Second Reading of Ordinance No. 169, 2023, Amending Chapter 2, Article III of the Code
of the City of Fort Collins to Update Ex-officio Member Provisions for Various Boards and
Commissions.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, considers an
amendment to add an ex-officio seat for the Housing Catalyst to the Affordable Housing Board
and to eliminate ex-officio members from the Art in Public Places Board and Water Commission.
Adopted on Second Reading.
9. Second Reading of Ordinance No. 170, 2023, Authorizing the Conveyance of a Permanent
Non-Exclusive Utility Easement on Property Jointly Owned by the City of Fort Collins and
the City of Loveland at the Northern Colorado Regional Airport to the Fort Collins-Loveland
Water District.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, authorizes a
permanent non-exclusive utility easement over a portion of the Northern Colorado Regional
Airport property to allow for the installation and maintenance of a regional waterline to serve the
Fort Collins-Loveland Water District’s (the “District”) public water system. This project will directly
benefit the Airport by providing water infrastructure to areas that currently lack it and service
connection points, which have been strategically located to serve future Airport development.
Adopted on Second Reading.
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10. Second Reading of Ordinance No. 171, 2023, Vacating a Portion of Public Right-of-Way
Dedicated by the Redwood Village PUD Phase II Plat.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, approves the
vacation of a portion of public right-of-way that has never been used for street purposes. Once
this right-of-way area is vacated, the property will be privately developed as a multifamily housing
project, and new public right-of-way will be dedicated to support the housing project and provide
public street connections to the adjacent Northfield subdivision.
Adopted on Second Reading.
11. Second Reading of Ordinance No. 172, 2023, Adopting the 2024 Classified Employee Pay
Plan.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, recommends the
2024 City Classified Employee Pay Plan. Classified jobs are grouped according to job functions,
a business practice commonly used by both the public and private sectors. Pay ranges are
developed by career group (management, professional, administrative, operations and trades)
and level for each job function. The result of this work is a City Classified Employee Pay Plan
(Pay Plan) which sets the minimum, midpoint, and maximum pay ranges for the level within each
career group and function. Actual employee pay increases are awarded through a separate
administrative process in accordance with the budgeted amount approved by Council.
Adopted on Second Reading.
12. Second Reading of Ordinance No. 173, 2023, Amending Section 2-606 of the Code of the
City of Fort Collins and Setting the Salary of the Chief Judge.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, amends City Code
to establish the 2024 compensation of the Chief Judge. Council met in executive session on
November 28, 2023, to conduct the performance review of Jill Hueser, Chief Judge, and to
consider the salary market analysis for this position.
Adopted on Second Reading.
13. Second Reading of Ordinance No. 174, 2023, Amending Section 2-581 of the Code of the
City of Fort Collins and Setting the Salary of the City Attorney.
This Ordinance, unanimously adopted on First Reading on December 5, 2023, amends City Code
to establish the 2024 compensation of the City Attorney. Council met in executive session on
November 28, 2023, to conduct the performance review of Carrie Daggett, City Attorney, and to
consider the salary market analysis for this position.
Adopted on Second Reading.
14. Resolution 2023-112 Approving an Intergovernmental Agreement with Poudre School
District and Poudre River Public Library District to Acquire Land and Construct the
Southeast Community Center.
The purpose of this item is to review the terms of a draft intergovernmental agreement (the IGA)
covering land acquisition, constructions, and operation of the Southeast Community Center
(SCC).
Poudre School District (PSD) intends to convey to the City at no charge a parcel of land adjacent
to Fossil Ridge High School as the site for the SCC. This no-charge conveyance is contingent
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upon PSD’s full funding of a 15% cost share of the indoor swim lanes construction, operation, and
maintenance, includes of the value of the land.
This IGA is a critical first agreement, and throughout 2024 there will be additional agreements
drafted and executed:
● Purchase and Sale Agreement between the City and PSD for the land acquisition (PSA, April
2024), subject to Council approval;
● Facility Use Agreement between the City and PSD governing PSD’s use of City aquatic facilities
(subsequent to November 2024 elections); subject to City Manager approval;
● Separate IGA between the City and Poudre River Public Library District (PRPLD) (TBD 2024)
governing the Library’s property interest, the facility design, cost sharing, and ongoing
operations, subject to Council approval.
The facility was first conceived as a leisure-swim and maker/creator community space with no
lane-swim capacity as part of the April 2015 Community Capital Improvement Plan ballot initiative.
Subsequent efforts around community engagement, the 2022 Aquatics Study, and the recently
passed 2023 ½-cent sales tax have surfaced an opportunity for an expanded recreation facility
combined with a library branch. PSD and PRPLD have been highly collaborative partners with
staff in drafting this agreement and working toward the full-featured community center proposed
within the IGA.
Adopted.
15. Resolution 2023-113 Making Appointments to the Cultural Resources Board.
The purpose of this item is to fill vacancies on the Cultural Resources Board.
Adopted.
16. Resolution 2023-114 Making an Appointment to the Parks and Recreation Board.
The purpose of this item is to fill a vacancy on the Parks and Recreation Board.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Peel, to approve the
recommended actions on items 1-16 on the Consent Calendar.
Councilmember Canonico congratulated the City and the School District on partnering to move the
Southeast Community Center forward, as per Item No. 14, Resolution 2023-112 Approving an
Intergovernmental Agreement with Poudre School District and Poudre River Public Library District to
Acquire Land and Construct the Southeast Community Center.
The motion carried 6-0.
Not voting: Councilmember Pignataro.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
None.
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L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
None.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
19. Resolution 2023-117 Expressing Gratitude and Appreciation to Shirley Peel for her Service
and Contributions to the Community as City Councilmember.
The purpose of this item is to recognize the work and contributions of Councilmember Shirley
Peel during her time on Council.
Mayor Arndt read Resolution 2023-117 in its entirety.
PUBLIC COMMENT
Adam Eggleston, Fort Collins resident, thanked Councilmember Peel for her service, particularly
the numerous listening sessions she held.
Rich Stave, Fort Collins resident, appreciated the community content provided by Councilmember
Peel and thanked her for making herself publicly available.
Jerry Gavaldon, Fort Collins resident, complimented Councilmember Peel on the dignity and
compassion she brought to her office and stated she set the bar for councilmembers.
Martha Hedrick, Fort Collins resident, commended Councilmember Peel for her ability to listen
and actively participate with all participants regardless of whether she supported an issue or not.
Johanna Lowry, Fort Collins resident, thanked Councilmember Peel for offering a compromise on
the Land Use Code.
Tom Mulroney, Fort Collins resident, thanked Councilmember Peel for her service.
COUNCIL DISCUSSION
Councilmember Ohlson commended Councilmember Peel for serving her district and the
community with enthusiasm, determination, and integrity. He commended her preparation and
accessibility to constituents.
Councilmember Canonico thanked Councilmember Peel for her service and stated she has been
honored to serve with her.
Mayor Arndt stated Councilmember Peel has been an asset to Council and commended her
preparedness, work ethic, voice, and integrity.
Councilmember Pignataro thanked Councilmember Peel for being a cohesion builder and
commended her ability to disagree without being disagreeable.
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Councilmember Gutowsky commended Councilmember Peel on being intellectual, brave,
intuitive, tenacious, collaborative, inquisitive, creative, and kind. She stated Councilmember Peel
brought a sense of balance to Council and enriched its work.
Mayor Pro Tem Francis commended Councilmember Peel for being a hard worker and on truly
listening to people. She stated she is the kindest, warmest, most welcoming human.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Resolution 2023-117 Expressing Gratitude and Appreciation to Shirley Peel for her Service
and Contributions to the Community as City Councilmember.
Councilmember Peel thanked her family for their support and expressed appreciation for each
member of Council. She stated serving on Council has been the best job and she has loved serving
the residents of District 4. She stated she has met with Councilmember-elect Potyondy, and she
will continue the work of the district. She expressed appreciation for City staff and stated serving
in this role has provided her the opportunity to get to know the community. She stated she is
exploring options for a future role allowing her to continue serving the community.
The motion carried 6-0.
Clerk’s Note: Mayor Arndt called for a break at 7:44 p.m., noting the meeting would resume at 8:00
p.m. Councilmember Peel did not return to the meeting after the break.
17. Reconsideration of Ordinance No. 136, 2023, Repealing and Reenacting Section 20-1 of the
Code of the City of Fort Collins to Adopt the Land Development Code and Separately Codifying
the 1997 Land Use Code as “2023 Transitional Land Use Regulations,” Following a Successful
Referendum Petition.
The purpose of this item is to provide Council with the options available for action following the
presentation of a petition certified as sufficient for referendum. These options include:
● OPTION 1: Repealing the Ordinance subject to the referendum petition.
First Reading of Ordinance No. 175, 2023, Repealing Ordinance No. 136, 2023, Repealing
and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the Revised Land
Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-2024 Transitional
Land Use Regulations”, and Related Ordinance No. 137, 2023, and Ordinance No. 138, 2023.
○ This option includes language repealing the associated Ordinance Nos. 137, 2023, and 138,
2023, that respectively made updates to City Code to align with the revised Land Use Code
and renamed the Neighborhood Conservation zone districts to the Old Town zone district in
alignment with the revised Land Use Code.
○ If this option is approved, Council may choose to discuss next steps regarding a revised
version of the repealed Land Use Code.
or
● OPTION 2: Referring the Ordinance to a vote of the registered electors of the City. Such
referral can be to the next regular or special election called for any other purpose or can
be to a special election called for that specific purpose:
Resolution 2023-115 Referring Ordinance No. 136, 2023, Repealing and Reenacting Section
29-1 of the Code of the City of Fort Collins to Adopt the Revised Land Use Code and Separately
Codifying the 1997 Land Use Code as the “Pre-2024 Transitional Land Use Regulations” to a
Vote of the Registered Electors of the City at the Next Municipal Election.
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○This would refer the Ordinance to the November 4, 2025, Regular Municipal Election or the
next special election called for any purpose prior to that date.
and, if desired,
● OPTION 2A: Calling a Special Election
First Reading of Ordinance No. 176, 2023, Calling a Special Municipal Election for the Purpose
of Submitting to the Registered Electors a Citizen Referendum of Ordinance No. 136, 2023,
Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the
Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-2024
Transitional Land Use Regulations.”
City Clerk Anissa Hollingshead stated the petition was found sufficient and the protest of that
finding went before a hearing officer who determined the petition should be certified as sufficient.
She stated Council must reconsider the ordinance and either repeal it or refer it to the registered
electors. She noted Council does have the ability to call a special election should it so choose
specifically for referring this ordinance; however, given there will be three election events in 2024,
the windows that are available for holding a special election are limited.
Caryn Champine, Planning, Development, and Transportation Director, discussed the summary
of the potential Code revisions that were presented to Council at its December 5 meeting. She
detailed three types of regulations that help to achieve the guiding principle goal of providing
housing choice in the community and discussed the basic changes to the Code. Additionally, she
discussed items that did not change from the 1997 Code, including the review process, the
applicability of the types of review processes, environmental and natural resource protection
regulations, regulations pertaining to adequate public facilities requirements, and occupancy
regulations.
Champine discussed the timeline for bringing forth a revised Code in January and outlined other
options available for Council to consider revising different elements of the Land Use Code.
PUBLIC COMMENT
Liz Young Winne, Fort Collins resident, stated they are a certified urban planner and supports the
revised Land Use Code. Winne opposed sending issue to the ballot and believes the revised code
improves housing availability and helps achieve Our Climate Goals.
Peter O’Neill, Fort Collins resident, supported referring the issue to the ballot.
Wayne Brothers, Fort Collins resident and HOA Coalition organizer, stated Council did not follow
policy during the development and approval of the Land Use Code stating it is inconsistent with
the zoning referenced in the City Plan and supported placing the item on the ballot.
Ross Cunniff, Fort Collins resident and Preserve Fort Collins Chair, stated the community has
exercised its right to petition Council on the Land Use Code issue. Cunniff thanked the City Clerk’s
Office for fairly handling and certifying the petition and thanked the hearing officer for fairly hearing
the protest. Cunniff stated a request that any revisions resulting from a repealed Code be placed
on the ballot.
Glen Colton, Fort Collins resident and member of numerous Boards and Commissions, supported
referring the issue to the ballot or repeal it and exempt existing neighborhoods, stating that most
petition signers were upset about rapid growth and change and were opposed to any increase in
density. Colton stated rapid growth is not desired by the community.
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Joe Rowan, Fort Collins resident, stated citizens vote with their emotions and he does not support
referring the item to the ballot. Rowan expressed support for a repeal.
Jim Miles, Fort Collins resident, supported repealing and rescoping the Code, and stated there is
a glaring lack of consideration of ancillary costs, water availability, and infrastructure impacts.
Miles stated the issue is conflating availability and affordability.
Eric Sutherland, Fort Collins resident, opposed the revised Code and stated he is proud to be a
resident witnessing fellow individuals exercising their rights. Sutherland believes that City staff
should not be relied upon to revise the Code stating they’re not equipped to understand the needs
of the community and claimed that they serve the development community.
Edward Serr, Fort Collins resident, stated the Land Use Code promotes a rapid increase in growth
and expressed concern about the impacts on infrastructure.
Dianna Murphy, Fort Collins resident, discussed her experience collecting signatures for the
petition and shared concerns of residents who signed the petition, including that the risk of losing
the historic and future value of the unique identity of Fort Collins is at risk, this action is being fast
tracked without explanation, there are discriminatory requirements, and that Council is potentially
setting itself up for legal action.
Ryan Walker, Fort Collins resident, opposed sending the issue to voters stating Council has
received plenty of input from petition signers. Walker suggested petition signers should be
involved in Code revisions and that the decision regarding HOA’s and ADUs be a neighborhood-
by-neighborhood decision. Also, Walker believes this Code will not meet affordable housing
needs, and requests ‘teeth’ be placed in the repealed code.
Paul Patterson, Fort Collins resident, requested Council honor the request of petitioners to send
the item to the ballot as soon as possible.
Kathryn Dubiel, Fort Collins resident, disagreed with a citizen who stated there is not a process
to support Council’s decision to enact a revised Land Use Code. Dubiel supported referring the
measure to voters.
Rich Stave, Fort Collins resident, stated members of the public who do not agree with some of
the decisions have been left out. Stave stated the Land Use Code will change the character of
HOAs in ways that aren’t going to help the residents who live in them.
Don Stepp, Fort Collins resident, thanked staff for their efforts to update the Land Use Code.
Stepp stated it is important to do what is best for the entire City, not just the loudest voices.
Simon Cecil, Portland, Oregon resident and Fort Collins native, stated their inability to afford to
move to Fort Collins and those who want to move to Fort Collins should have that opportunity.
Cecil opposed referring the item to the ballot.
Robin Hutchinson, Fort Collins resident, stated their friends are becoming homeless because
there are not enough affordable places to live. Hutchinson stated opponents of the Land Use
Code are demonizing those that want to come here.
Public Comment ended 8:45 p.m.
COUNCIL DISCUSSION
Councilmember Gutowsky stated support for staff and their efforts, stating they are bright and
dedicated professionals who will be part of the solution.
Page 24
Item 1.
City of Fort Collins Page 274 City Council Proceedings
Mayor Pro Tem Francis asked if staff has reached out to Preserve Fort Collins. Champine replied
in the affirmative noting all meetings and events have been open to the public. She stated most
of the input was reflected in the list provided today and the major theme of the feedback was
around additional housing choices in single-family zone districts. There were also concerns about
the development review process and the involvement of neighborhoods in public hearings.
Mayor Pro Tem Francis suggested Council could examine the most contentious points at a work
session and send those comments to the Planning and Zoning Commission followed by another
examination by Council.
Mayor Arndt commented on the Council election and discussed the value of the new Council
being presented with new options. She supported repeal and reexamination under the new
Council.
Councilmember Ohlson supported referring the item to the voters. He stated opposition to the
new Code because the rules of neighborhoods should not be changed for those that bought into
a certain neighborhood type. Additionally, he stated it is not easy to circulate a petition and it
requires incredible organization and dedication.
Councilmember Canonico noted there are many aspects of the Code that are agreeable to all.
She asked what would occur should a referred Land Use Code ordinance be voted down. City
Attorney Daggett replied that Council would not be limited in its future actions and there would be
room for Council, from a legal standpoint, to continue working toward a Land Use Code supported
by Council.
Councilmember Canonico asked if any future changes to the Land Use Code would also have to
go to the ballot if it is adopted by a referred measure. City Attorney Daggett replied the Charter
distinguishes between initiated measures and referred measures. With respect to initiated
measures, the Council would not be able to make changes in the future without going back to
voters for approval. With respect to referred measures, Council can make changes after voters
have voted on the item, and that would be the case in this instance.
Councilmember Gutowsky supported placing the item on the ballot whether it is repealed and
revised or not.
Mayor Pro Tem Francis stated she is more comfortable with Council revisiting the item because
Land Use Codes are always changing.
Councilmember Gutowsky noted she did not support the updated Code because it did not include
parking and developer requirements for affordable housing.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Ordinance No. 175, 2023, Repealing Ordinance No. 136, 2023, Repealing and Reenacting
Section 29-1 of the Code of the City of Fort Collins to Adopt the Revised Land Use Code
and Separately Codifying the 1997 Land Use Code as the “Pre-2024 Transitional Land Use
Regulations”, and Related Ordinances No. 137, 2023 and No. 138, 2023, on First Reading.
Mayor Arndt noted the Land Use Code is a living document that will make the City great in the
future. She stated there are many agreeable parts of the new Code and the discussion on the
more contentious parts can continue.
Councilmember Ohlson stated the number of people who signed the petition is quite large and
stated he would prefer to see what the full electorate feels.
Page 25
Item 1.
City of Fort Collins Page 275 City Council Proceedings
The motion carried 3-2, (Nays: Ohlson, Gutowsky).
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmember Canonico.
Nays: Councilmembers Ohlson and Gutowsky.
Absent: Councilmember Peel.
Not voting: Councilmember Pignataro.
18. Resolution 2023-116 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins, the City of Loveland, and the Federal Aviation
Administration for Continued Federal Funding of Air Traffic Control Services at the
Northern Colorado Regional Airport.
The purpose of this item is to authorize the City Manager to execute an agreement with the City
of Loveland and the Federal Aviation Administration (FAA) for the Northern Colorado Regional
Airport (Airport) to enter the FAA Contract Tower (FCT) Program. The FCT Program will result in
the Airport continuing to receive federally funded Air Traffic Control services (ATC Services). ATC
Services are currently funded through FAA’s Next Gen office as part of the Remote Tower Project.
However, that funding will be ending December 31, 2023, and entering the FCT Program will
provide a continuation of ATC Services paid for by FAA. Acceptance in the Contract Tower
Program ensures ATC Services for a period of 60 months while a permanent facility is
constructed.
By executing this agreement, the Cities will be committing to take steps toward the design and
construction of a brick-and-mortar tower along certain milestones set by the FAA. This agreement
does not prohibit the Airport from continuing to pursue in parallel a remote tower project. Despite
the Cities’ commitment under the agreement, the Cities will be able to terminate the agreement
on 90 days written notice with or without cause, and any financial commitment by the Cities is
subject to appropriation by their respective City Councils.
Francis Robbins, Operations and Maintenance Manager for the Northern Colorado Regional
Airport, discussed the airport’s air traffic control solution that was established in March 2020 as
part of the remote tower pilot program. Robbins noted the funding for the remote tower pilot
program ends at the end of the calendar year and the agreement presented by the FAA allows
for funding of the air traffic controllers to continue directly from the FAA in the federal contract
tower program. Robbin stated the agreement also includes a site evaluation for a permanent
control facility and requires certain services to be provided by the airport or the FAA.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Mayor Arndt stated there is no financial commitment from either of the Cities at this point, however
there is a commitment to move forward on the design and construction of the tower. This
commitment could be cancelled with 90-days’ notice. Robbins concurred and stated capital
projects are subject to Council appropriations so additional notice would be provided with future
agreements.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt
Resolution 2023-116 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins, the City of Loveland, and the Federal Aviation
Administration for Continued Federal Funding of Air Traffic Control Services at the
Northern Colorado Regional Airport.
Page 26
Item 1.
City of Fort Collins Page 276 City Council Proceedings
The motion carried 5-0.
Absent: Councilmember Peel.
Not voting: Councilmember Pignataro.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
None.
OB 2. Consideration of motion to call a special meeting for the Council Organizational
Meeting.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to call a
special meeting for the purpose of the Council Organizational Meeting, which will
include swearing in of those elected at the November 2023 municipal election and
selection of a Mayor Pro Tem.
The motion carried 5-0.
Absent: Councilmember Peel.
Not voting: Councilmember Pignataro.
OB 3. Consideration of a motion to go into executive session.
This motion is to consider going into executive session to conduct the annual evaluation of
the City Manager.
“I move that the City Council go into executive session, as permitted under Article Two,
Section Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised
Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting annual
performance review of City Manager.”
City Manager: 75 minutes
Note: Time is approximate with breaks, as necessary.
Councilmember Pignataro indicated she would not be joining the executive session and
wished everyone happy holidays.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, that the City
Council go into executive session, as permitted under Article II, Section 11 of the City
Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-
6-402(4)(f)(I), to go into executive session for the purpose of conducting the annual
performance review of the City Manager.
The motion carried 5-0.
Absent: Councilmember Peel.
Not voting: Councilmember Pignataro.
The Council met in executive session beginning at 9:26 p.m. with a recording made. Present
were:
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Page 27
Item 1.
City of Fort Collins Page 277 City Council Proceedings
Councilmember Tricia Canonico
Councilmember Kelly Ohlson
City Manager Kelly DiMartino
Jennifer Volmer, Investigations Law Group
Anne Rooney McCord, Investigations Law Group
City Manager Kelly DiMartino entered the executive session at 9:36 p.m. Volmer, McCord and
DiMartino left the executive session at 10:38 p.m. and Human Resources Executive Teresa
Roche entered.
The executive session concluded at 10:48 p.m. and Council returned to the open meeting in
Council Chambers.
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:50 p.m.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 28
Item 1.
City of Fort Collins Page 278 City Council Proceedings
January 9, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Council Organizational Meeting – 6:00 PM
Prior to the meeting being called to order, City Manager Kelly DiMartino read the City of Fort
Collins Land Acknowledgement.
A) CALL MEETING TO ORDER
Mayor Jeni Arndt called the special organizational meeting to order at 6:02 p.m. in the City Council
Chambers at 300 Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the
City’s Zoom platform.
B) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
C) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Kelly Ohlson
ABSENT
Councilmember Shirley Peel
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Anissa Hollingshead
D) CONSIDERATION OF ITEMS IDENTIFIED IN THE CALL OF SPECIAL MEETING
1. Oaths of Office.
The purpose of this item is the administration of the Oaths of Office to the newly elected Mayor
and Councilmembers for Districts 2, 4 and 6.
City Clerk Anissa Hollingshead administered the Oaths of Office to the newly elected Mayor and
City Councilmembers:
Mayor Jeni Arndt,
District 6 Councilmember Emily Francis,
District 2 Councilmember Julie Pignataro, and
District 4 Councilmember Melanie Potyondy.
Page 29
Item 1.
City of Fort Collins Page 279 City Council Proceedings
Following taking the Oath of Office, District 4 Councilmember Melanie Potyondy was seated at the dais
to begin her service on the City Council.
2. Council Consideration of Motion to Elect a Mayor Pro Tem.
The purpose of this item is to consider a motion to elect a Mayor Pro Tem.
Mayor Arndt introduced the item and reviewed the responsibilities of the Mayor Pro Tem, as
well as the recommended process for electing the Mayor Pro Tem, to include:
a. Accept input from the public.
b. Individual Councilmembers may announce their interest in the position.
c. I will request a motion to elect a candidate.
d. If motion is seconded, Council will move forward with discussion and a vote.
e. Process continues until a candidate gets four votes.
There being no objections to the proposed process, Mayor Arndt asked if any members of the
public would like to speak on this item. There was no public comment.
Mayor Arndt asked if any Councilmembers were interested in the position of Mayor Pro Tem.
District 6 Councilmember Emily Francis indicated her interest in serving again in the position.
No other members of Council indicated interest in serving in the position, so Mayor Arndt asked
for a motion to elect a candidate.
Councilmember Tricia Canonico moved, seconded by Councilmember Julie Pignataro, to
elect Emily Francis to the office of Mayor Pro Tem.
Councilmember Pignataro offered thanks to Councilmember Francis for her service as Mayor Pro
Tem over the prior two years and noted her ability to both listen and work together with others.
Mayor Arndt shared in serving together over the past two years, Councilmember Francis has
been a stalwart partner as Mayor Pro Tem, serving with alacrity and capability.
Councilmember Canonico stated Councilmember Francis has done an incredible job of
representing the entire Council to City leadership, including consistently bringing ideas from other
Councilmembers forward, and she looks forward to having her continue in that role.
The motion carried 7-0.
G) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 6:14 p.m.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 30
Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Marc Virata, Civil Engineer
Dana Hornkohl, Capital Projects Manager
Monica Martinez, Financial Planning & Analysis Manager
SUBJECT
First Reading of Ordinance No. 001, 2024, Appropriating Prior Year Reserves in the Transportation
Capital Expansion Fee Fund for Eligible Reimbursement to the Waterfield Fourth Filing Developer
for Construction of Suniga Road, Vine Drive, and Merganser Street Improvements as Part of
Waterfield Fourth Filing Phases 1 through 4; and for the Dedication of Suniga Road Right-of-Way.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $1,413,645 of Transportation Capital Expansion Fee (TCEF)
Funds for expenditure from the Transportation Capital Expansion Fee Program Budget to reimburse the
Waterfield Fourth Filing developer, DFC Waterfield, LLC (Developer), for its oversizing construction of
Suniga Road, Vine Drive, and Merganser Drive. As part of Phases 1 through 4 of the Waterfield Fourth
Filing, the Developer has constructed Suniga Road as a four-lane arterial, Vine Drive as a collector, and
Merganser Drive to City standards as part of its development requirements. Per Section 24-112 of the City
Code, the Developer is eligible for reimbursement from TCEF funds for the oversized, non-local portion of
Suniga Road, Vine Drive, and Merganser Drive not attributed to the local portion obligation. Additionally,
the Developer has dedicated Suniga Road right-of -way as a four-lane arterial from its western boundary
to Timberline Road and is also eligible for reimbursement from TCEF funds for the oversized, non-local
portion of Suniga Road right-of-way.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The TCEF Program (formerly Street Oversizing), instituted by ordinance in 1979, was established to
manage the construction of new arterial and collector streets, and is an “Impact Fee” funded program. The
TCEF Program determines and collects impact fees from development and redevelopment projects. The
collection of these impact fees contributes funding to growth-related City Capital Projects and reimburses
development for constructing roadway improvements above the local street access standards. Section 24-
112 of the City Code allows for reimbursement to developers for the construction of collector and arterial
streets.
This reimbursement is for the Developer’s construction above the local street access standards of Suniga
Road, Vine Drive, and Merganser Drive as part of Waterfield Fourth Filing Phases 1 through 4. Suniga
Road was built by the Developer as a four-lane arterial street including the completion of construction of
Page 31
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
the median landscape and irrigation installation for the center median. Vine Drive was built by the developer
as a collector street and Merganser Drive was realigned from its original curved alignment to a north-south
street.
This reimbursement also includes the dedication of Suniga Road right-of-way beyond the local access
standard width for the overall development from Waterfield Fourth Filing’s western boundary to Timberline
Road. The Developer dedicated Suniga Road right-of-way totaling approximately 295,000 square feet, with
56% of that amount attributable to oversizing beyond local access standard, and the remaining 44%
attributable to local access requirements. Reimbursement for Suniga Road right-of-way accounts for the
56%/44% split between the City and Developer, with a land cost of $2.32/square foot. This right-of-way
includes the remaining portion of Suniga to be built to Timberline Road in a future phase.
Staff has reviewed the documentation provided by the Waterfield Fourth Filing developer and agrees that
the requested reimbursement meets the requirements under City Code Section 24-112 for appropriation
from TCEF funds. There is no metro district for Waterfield in which the developer may also seek
reimbursement. Council consented to the dissolution of Waterfield Metropolitan Districts Nos. 1 -3 by
adopting Resolution 2021-086 on September 21, 2021. The Larimer County District Court approved the
dissolution of the Waterfield Metropolitan Districts Nos. 1-3 on November 8, 2021.
The City Manager is recommending this supplemental appropriation and has determined it will not cause
the total amount appropriated in 2024 in the Transportation Improvement Fund, the fund into which TCEF
revenues are deposited and from which these appropriated funds will be expended, to exceed the current
estimate of actual and anticipated and all other funds to be received in the Transportation Improvement
Fund during the 2024 fiscal year.
In addition, this reimbursement under the TCEF program is subject to the Council’s approval of this
Ordinance to appropriate the needed funds, which approval is within the Council’s sole discretion.
CITY FINANCIAL IMPACTS
This item appropriates $1,413,645 of TCEF Funds into the Transportation Capital Expansion Fee Program
Budget for reimbursement to the Waterfield Fourth Filing developer.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Council Finance Committee recommended approval at its December 14, 2023, meeting.
PUBLIC OUTREACH
Public outreach is not required or contemplated in the requirements for reimbursement to developers as
described under Municipal Code Sec. 24-112. – Transportation improvements reimbursement program.
ATTACHMENTS
1. Ordinance for Consideration
2. Waterfield Fourth Filing Phases 1 through 4 – TCEF Cost Allocation
Page 32
Item 2.
-1-
ORDINANCE NO. 001, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
TRANSPORTATION CAPITAL EXPANSION FEE FUND FOR
ELIGIBLE REIMBURSEMENT TO THE WATERFIELD FOURTH
FILING DEVELOPER FOR CONSTRUCTION OF SUNIGA ROAD,
VINE DRIVE, AND MERGANSER STREET IMPROVEMENTS AS
PART OF WATERFIELD FOURTH FILING PHASES 1 THROUGH 4;
AND FOR THE DEDICATION OF SUNIGA ROAD RIGHT-OF-WAY
A. City Code Section 7.5-32 establishes a transportation capital expansion fee
(“TCEF”) that is one of the City’s capital expansion fees that are imposed on development
at the time of building permit issuance to ensure that new growth and development in the
City bears a proportional share of the City’s costs for certain capital improvements,
including streets and related transportation improvements.
B. City Code Section 7.5-32 also provides that the TCEF revenues are to be
deposited into the City’s Transportation Improvement Fund established in City Code
Section 8-87 (the “TCEF Fund”).
C. City Code Section 8-87 directs that the monies in the TCEF Fund are to be
used as provided in Division 2 of Article III of City Code Chapter 24 (“Division 2”).
D. Division 2 provides that the revenues in the TCEF Fund are to be used by
the City to fund certain transportation improvements, including arterial and collector
streets, either directly or as reimbursement to developers of real property who have
constructed such improvements.
E. For a developer to be eligible for reimbursement of its costs for qualifying
transportation improvements it has constructed, Division 2 requires the d eveloper to
submit proof of its costs to the City for the City Engineer’s review and approval consistent
with the requirements of Division 2.
F. DFC Waterfield, LLC is the developer of the Waterfield Fourth Filing
development (“Developer”) and as part of that development, has constructed portions of
Suniga Road as a four-lane arterial street, Vine Drive as a collector street, realigned
Merganser Drive from a curved alignment to a north-south orientation, and has dedicated
right-of-way for Suniga Road beyond local access standards to facilitate the future
construction of Suniga Road to Timberline Road (collectively, “Road Improvements”).
G. The Developer has submitted its request to the City for a reimbursement of
$1,413,645 representing its costs for the oversized portions of the Road Improvements
(the “Reimbursement Request”).
H. The City Engineer has reviewed the Reimbursement Request and
determined it meets the requirements of Division 2 and that the Developer is eligible to
Page 33
Item 2.
-2-
be reimbursed for the amount requested in its Reimbursement Request, but City Code
Section 24-112(c) provides that all reimbursements under Division 2 must first be
appropriated from the TCEF fund by City Council.
I. The monies necessary to satisfy the Reimbursement Request have not
been appropriated from the TCEF Fund by Council, so this Ordinance must be adopted
by Council before the reimbursement can be made to the Developer.
J. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
K. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the TCEF Fund and will not cause the total amount appropriated in the TCEF 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.
L. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of reimbursing the Developer for
the costs it incurred to construct the Road Improvements to oversized standards, which
standards the Developer was not legally required to satisfy considering the impacts of the
development.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of ONE MILLION FOUR HUNDRED
THIRTEEN THOUSAND SIX HUNDRED FORTY-FIVE DOLLARS ($1,413,645) to be
expended in the Transportation Capital Expansion Fee Fund for eligible reimbursement
of the Developer for construction of Suniga Road, Vine Drive, and Merganser Street
improvements and for the dedication of right-of-way for Suniga Road beyond local access
standards.
Page 34
Item 2.
-3-
Introduced, considered favorably on first reading on January 16, 2024, and
approved on second reading for final passage on February 6, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: February 16, 2024
Approving Attorney: Ryan Malarky
Page 35
Item 2.
Waterfield 4th Phases 1-4 TCEF Reimbursement Summary of Costs
Suniga - Merganser - Vine
1/2/2024
Line Item Description Total Costs Quantity Cost Quantity Cost Comments
1 Hard Costs $1,880,509 53%$1,006,071 47%$874,438 Crow Creek
2 Design Costs & CA $19,089 46%$8,750 54%$10,339 Northern Engineering
3 Construction Manage/Development Fee $33,110 53%$17,548 47%$15,562 Post Modern
4
ROW Land Cost @ $2.32/sf (295.3K total sq.
ft., 56% TCEF/44% Developer)$685,105 56%$381,276 44%$303,829 Developer and City Engineering/
City Real Estate confirmed $
Total:$2,617,813 $1,413,645 $1,204,168
TCEF Developer
*Line Item 3 total costs based on the overall construction cost for all of Phases 1-4 to be $10,660,264 ($11,789,264 per the contract with Crow Creek, subtracting
$1,126,000 for pumphouse, structures, and equipment located in Phases 5-8). The ratio of the street hard costs of $1.88M to the overall $10.66M established a 18%
attributable to the total CM fee of $187,751, or $33,110.
*
Page 36
Item 2.
Page 37
Item 2.
Page 38
Item 2.
November 9, 2023
Crow Creek Construction, LLC
c/o Blake Bell
7251 West 20th Street, L-101B
Greeley, CO
The following is a breakdown of Landscape and Irrigation costs for Suniga Dr., separating City vs. Developer.
o Developer cost is attributable to all the trees in the south parkways between the Suniga Road and Suniga sidewalk,
and 6.5 feet of width of the south parkway sod landscaping between the Suniga Road and Suniga sidewalks
o City cost is attributable to the remaining 3 feet of width of the south parkway landscaping between the Suniga
Road and Suniga sidewalks (not of the parkway trees), and the City cost is attributable to all of the landscaping and
irrigation in the Suniga Road median
Suniga Dr - Southside and Median Island
City Portion $217,524.00
Developer Portion $65,198.00
Work included is only that which is completed in Sept 2023.
Regards,
Russell A Hoff, GM
Southern Exposure Landscape Management, Inc.
Page 39
Item 2.
NORTHERNENGINEERING.COM | 970.221.4158
FORT COLLINS | GREELEY 1 | 1
November 15, 2023
JD Padilla
Post Modern Development
144 N. Mason St Unit 4
Fort Collins, CO 80524
RE: WATERFIELD 4TH FILING – TCEF ENGINEERING FEES
Dear JD,
Based on the overall original contract between Thrive and Northern Engineering, Post Modern Development is
eligible for soft costs repayment through the TCEFF program. Soft costs include preliminary design, final design,
and construction assistance. Therefore, Post Modern should be eligible for $8,603 reimbursement from the City
of Fort Collins for the soft costs associated with a portion of the design of Suniga Road, Vine Dive, and Merganser
Drive.
Sincerely,
NORTHERN ENGINEERING SERVICES, INC.
Blaine Mathisen, PE
Project Manager
Attachment 1: Waterfield 4th Filing Soft Cost Breakdown
Attachment 2: ROW Reimbursement Exhibit
cc: Jeff Jensen, Jensen Laplante Development
Page 40
Item 2.
$319,407.00
$99,016.17
Total LF of All Roads 27,310
Street LF % of Overall Road Design Total Cost Total Cost Paid By Developer Total Cost Paid By City
Suniga 2,605 9.54%$9,445 $4,439 $5,384
Merganser 465 1.70%$1,686 $1,366 $320
Vine 2,050 7.51%$7,433 $4,534 $2,899
$18,563 $10,339 $8,603
Notes:
1. Percentages in Total Cost By Developer Vs City comes from TCEF exhibit.
2. 57% cost paid by City for Suniga
3. 19% cost paid by City for Merganser
4. 33% cost paid by City for Vine
Total Budget (Preliminary, Final, Construction Admin)
Budget for All Road Designs (Roughly 31% of Total Budget)
Attachement 1: Waterfield 4th Filing Soft Cost Breakdown
Page 41
Item 2.
Page 42
Item 2.
cost code 30.01
Phase 1-4
Page 43
Item 2.
Page 44
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tyler Marr, Deputy City Manager
SUBJECT
First Reading of Ordinance No. 002, 2024, Appropriating Funds for Change Management Resources
to Support Legislative Management Software Implementation Funds.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $375,000 of general fund reserves to contract with Prosci, Inc.,
to provide change management support for the Legislative Management Software project throughout its
implementation in 2024. Council Finance Committee recommended this move forward to Council at their
December 19 meeting.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City organization is actively pursuing at various stages a number of projects that seek to modernize
our digital footprint for the community and the internal operations of the organization. These projects span
many city services, including:
Customer information system for utility billing
Licensing, permitting, and inspection software
Recreation registration system
Legislative management software - including council agenda packets
Enterprise Resource Planning
Taken individually, each of these projects represent different degrees of resourcing, both in terms of dollars
and staff time, complexities and process or operational changes that will be required to be successful. A
critical component staff believes applies to each project is our ability to effectively manage the change from
current state operations to the future state under new tools and systems. Previous examples where we
have not invested in adequate change management support and a holistic project management approach
have resulted in suboptimal outcomes. While the City has invested in staff capacity and in creating positions
Page 45
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
for change practitioners to some degree, it is leadership’s opinion that each of the projects above will
require dedicated change management support which simply does not exist in the organization today.
The legislative management software specifically is a near term project which has critical milestones in
2024. These milestones carry significant changes related to how staff will perform their work and the
change management support needed is not currently able to be absorbed in the project costs that were
originally budgeted primarily for software costs alone. More details on the project are provided below.
Project Details
Legislative management software (LMS) is a tool to improve efficiencies and transparency of the legislative
process which includes Council agendas and minutes, in addition to materials for boards and commissions
and Council subcommittees. Council approved a 2023-2024 Budget Offer for $250,000 ($150,000 in 2023
and $100,000 in 2024) to fund implementation of a new LMS. This proposal was included in a larger Digital
Transformation Request for Proposal (RFP) to include a new citywide website. Staff wanted to consolidate
multiple applications into a single, streamlined resident and community experience. Staff are currently in
the final stages of selecting a vendor.
Executive leadership felt that this project was a critical one to provide dedicated change management
support to; given the scale of the project, the number of staff that interact with the LMS, the critical functions
pertaining to agenda management, record keeping, and the associated risks to public trust if the project
does not go successfully.
The requested appropriation of $375,000 includes dedicated support for project execution, training in
change management to upskill impacted groups across the organization, and building capability in change
management execution for the organization more broadly.
If appropriated, staff is planning on exercising an existing contract option with Prosci, Inc., to provide these
services. Prosci is a locally based global thought leader in the practice of organizational change
management. With over twenty years of research backing its industry leading methodology, their advisors
have extensive experience both leading change initiatives and developing organizational capabilities
related to organizational change management to successfully deliver results for organizatio ns. The
proposal Prosci, Inc., has provided the City offers project execution support to successfully implement
solutions that will assist staff and the community in engaging with City organization. In addition, the
experienced Prosci Change Advisors will develop staff’s ability to manage change on an ongoing basis
through coaching and training. This additional service supports the City’s enterprise wide capability in
organizational change management.
There is a possibility that the chosen LMS vendor will also offer assistance with change management
services. If this is the case, staff’s intent would not be to fund duplicative contracted help. Rather, staff will
analyze the vendor’s offerings with Prosci’s proposal and reduce the scope of the contract with Prosci
accordingly, up to potentially not using any additive services. Given the intended project timelines of trying
to launch the software this year, however, staff feels it’s important to appropriate these dollars so work can
begin as soon as possible with either the LMS vendor or Prosci.
Other Information
Staff acknowledges that the cost of these change management resources can seem severe when
compared to existing project budgets. This is partially a function of historically budgeting only what the
product being implemented costs. In the future, it is executive leadership’s expectation that software budget
offers are more holistic in nature, including any needed staff backfill for project work and dedicated change
or project management support. This is undoubtedly a change in philosophy that staff believes provides
greater transparency into what it actually takes to get software migrations across the finish line and that
will ensure the organization delivers on committed projects to better serve the community.
Page 46
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Leadership is also committed to continuing to develop these change management skills internally as a staff
team, so that internal support might be better leveraged to reduce the need for contracted help in the future.
This is a multi-year process to achieve results, however, and with the number of digital transformation
efforts underway and on the horizon, staff believes the organization will need contracted assistance on
these bigger software projects for some time to come.
CITY FINANCIAL IMPACTS
This ordinance will reduce General Fund Reserves by $375,000.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Council Finance Committee favorably considered this item at their December 19, 2023, meeting. One
important difference to note from that item to what is presented here is that staff also presented a resourcing
need for change management support for the Daysmart Recreation Registration system. Given the timeline
of that project, current status, and the earliest availability of funds from this appropriation, staff is not
recommending proceeding with an appropriation for that particular project.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Council Finance Committee Meeting Draft Minutes, December 19, 2023
Page 47
Item 3.
-1-
ORDINANCE NO. 002, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING FUNDS FOR CHANGE MANAGEMENT
RESOURCES TO SUPPORT LEGISLATIVE MANAGEMENT
SOFTWARE IMPLEMENTATION FUNDS
A. City staff is actively pursuing several projects, which span many City
services and functions, seeking to modernize the City’s internal operations and digital
footprint for the community.
B. A critical component of each of these projects will be management of the
change from current state operations to the future state under new tools and systems.
C. Legislative Management Software (LMS) is used to improve efficiency and
transparency of the City’s legislative processes, including Council agendas and minutes
as well as agendas and minutes for Council committees and Cit y boards and
commissions.
D. Due to the scope, scale and importance of the project to replace and
implement new LMS, the City Manager has recommended that the project include
dedicated support for project execution, training in change management and capacity
building in managing change throughout the organization.
E. This appropriation is to fund consulting services to provided that dedicated
support.
F. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of effectively and efficiently
implementing and transitioning to a new LMS, to improve and streamline the resident and
community experience and overall efficiency of the legislative support processes for the
City Council and other City bodies.
G. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
H. The 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.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
Page 48
Item 3.
-2-
FORT COLLINS that there is hereby appropriated from prior year reserves in the General
Fund the sum of THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($375,000)
to be expended in the General Fund for the Contracted Change Management Resources
to Support Legislative Management Software Implementation:
Introduced, considered favorably on first reading on January 16, 2024, and
approved on second reading for final passage on February 6, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: February 16, 2024
Approving Attorney: Carrie Daggett
Page 49
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Brian Tholl, Utilities, Energy Services Manager
Phil Ladd, Utilities, Utilities Finance Manager
SUBJECT
First Reading of Ordinance No. 003, 2024, Authorizing Transfers and Reappropriation of Funds
Previously Appropriated for the Utilities’ Grid Flexibility Programs.
EXECUTIVE SUMMARY
The purpose of this item is to receive approval for the funding of grid flexibility programs through the
appropriation of prior year reserves and reappropriation of previously approved Light and Power funds.
The ordinance does not appropriate any new funding, but rather optimizes previously appropriated funds
to accelerate progress toward Our Climate Future (OCF) goals.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Fort Collins Utility Services (“Utilities”) has 10+ years of implementing grid flexibility programs, which have
been branded as ”Peak Partners.” Utilities has regularly included both ongoing and enhancement offers
through the Budgeting for Outcomes (BFO) process to build a portfolio of capabilities for grid flexibility. Grid
flexibility is the ability to develop and utilize technology and systems to match community electricity load
with available energy resources for economic, distribution, grid benefits, or carbon reduction purposes.
This capability is foundational to the continued development of a virtual power plant in partnership with
Platte River Power Authority.
Utilities staff is proposing a series of transfers of previously appropriated funds within the Light and Power
Fund to further ongoing grid flexibility efforts. The total amount of funding across the two-year cycle of
2023/2024 will not change under the proposal, rather, it would be repurposed for implementation of similar
technologies and will result in similar outcomes. The goal of the funding reallocation is to better align the
approved 2023/2024 budget with the business needs and in response to changing program, business, and
customer dynamics, while achieving the grid flexibility goals in Our Climate Future.
Staff recently proactively stopped work on a project that was identified and approved in the 2023/2024
budget process as offer, ”Grid Flexibility Communication Protocol,“ due to the absence of technologies
available in the market. While initiating the project, staff learned that solar/battery manufacturers have
inconsistent technical capabilities which could have prevented staff from effectively communicating with
customer installed solar/battery equipment. Staff assessed the risk of continuing the project, determined it
Page 50
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
to be too high, and made the recommendation to cancel work immediately. Any negative impacts
attributable to the unforeseen challenges of this project have been mitigated.
Additionally, customers unexpectedly oversubscribed to the approved 2023 thermostat replacement
budget offer, creating a waitlist of over 380 customers. Staff proposes to transfer funds to the thermostat
offer from other technology asset offers, taking advantage of customer ’s thermostat demand to increase
progress towards meeting 2030 OCF goals.
A summary of the funds redistribution is provided in Table 1 below, and followed by a narrative and
justification.
Staff recommends redeploying the following appropriated 2023/2024 funds to support a faster and larger
implementation of proven technologies that minimizes risk to Utilities:
$250,000 from Budget offer “Utilities: Light and Power: Grid Flexibility Communication Protocol Project”
and
$148,985 from offer “Utilities: Light and Power - Grid Integrated Water Heater Installations”
This requires reappropriating $200,000 from 2023 approved budget in Light and Power reserves and
redeploying $50,000 from the 2024 budget offers through the following funding allocations:
$107,783 to Offer “Utilities: Light and Power - Direct Install Demand Response Thermostat
Replacement.” This recommendation better leverages the fixed cost of standing up a technology
refresh program by increasing the overall number of units deployed in the same period, and
$291,202 to Offer “Utilities: Light and Power - Demand Response.” The extra funds will be used to
expanded hosting software services, expanded project management, customer care, and field
services.
CITY FINANCIAL IMPACTS
The Ordinance does not appropriate any new funding. The Ordinance provides for the use of existing
appropriations for similar intended purposes which would otherwise be paid from Light and Power reserves.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The proposed strategy for 2024 funding was presented to the Energy Board on October 12, 2023. A motion
was made to support and was unanimously supported.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 51
Item 4.
-1-
ORDINANCE NO. 003, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS AND REAPPROPRIATION
OF FUNDS PREVIOUSLY APPROPRIATED FOR THE
UTILITIES’ GRID FLEXIBILITY PROGRAMS
A. City Council authorized expenditures in the 2023/2024 City Budget for
various purposes in the Light and Power Fund, portions of which were not spent or
encumbered in 2023 and are not anticipated to the spent in 2024 due to changes in
technology related to certain projects.
B. Utilities staff has determined that unspent and unencumbered amounts
applied to ongoing grid flexibility efforts described in approved 2023/2024 Budget Offers
can be more effectively repurposed to pursue use of similar technologies and result in
similar outcomes as described in the subject Offers.
C. Utilities staff has determined that the amounts to be reappropriated and
redeployed as described herein are available and currently encumbered.
D. This reappropriation benefits public health, safety and welfare of the citizens
of Fort Collins and benefits City electric utility ratepayers by leveraging utility reserves
and unexpended funds to efficiently improve the flexibility of the local electric distribution
grid using current technologies.
E. Article V, Section 9 of the City Charter perm its 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 appropr iations 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.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Light and Power Fund and will not cause the total amount appropriated in the Light
and Power 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.
G. 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.
Page 52
Item 4.
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H. The City Manager has recommended the transfer of $148,985 from the
Light and Power Fund Water Heater Program Project Budget and $250,000 from the Light
and Power Fund Communication Protocol Project Budget to the Light and Power Fund
Ongoing Demand Response Project Budget, in the amount of $291,202 and Thermostat
Program Project Budget, in the amount of $107,783; and determined that the following
purpose for which the transferred funds are to be expended remains unchanged : to
provide customer programs for the transition to the next generation electricity system
outlined in Our Climate Future (OCF), focusing on mitigation, resilience, and equity.
I. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, 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.
J. The City Council wishes to designate the appropriation herein for the Light
and Power Fund Ongoing Demand Response Project and Light and Power Fund
Thermostat Program Project Budget 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.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The unexpended and unencumbered appropriated amount of ONE
HUNDRED FORTY-EIGHT THOUSAND NINE HUNDRED EIGHTY-FIVE DOLLARS
($148,985) and TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) respectively,
totaling THREE HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED EIGHTY-
FIVE DOLLARS ($398,985), is authorized for transfer from the Light and Power Fund
Water Heater and Communication Protocol Project Budgets for the following purposes
and appropriated therein to be expended for Utilities Grid Flexibility programs projects as
follows:
- Light and Power Fund Ongoing Demand Response $291,202
- Thermostat Program $107,783
GRID FLEXIBILITY PROGRAM TOTAL: $398,985
Section 2. The appropriation herein for Light and Power Ongoing Demand
Response Project and the Light and Power Thermostat Program 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 completion of the projects.
Page 53
Item 4.
-3-
Introduced, considered favorably on first reading on January 16, 2024, and
approved on second reading for final passage on February 6, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: February 16, 2024
Approving Attorney: Cyril Vidergar
Page 54
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Selina Lujan Albers, Environmental Services
Kerri Ishmael, Grants Administration
SUBJECT
First Reading of Ordinance No. 004, 2024, Authorizing Transfers of Appropriations and
Appropriating Related Funds for the Environmental Services Radon Program.
EXECUTIVE SUMMARY
The purpose of this item is to support the City’s Environmental Services Radon program by:
● Appropriating $9,000 of unanticipated grant revenue awarded by the Colorado Department of Public
Health and Environment (CDPHE) and
● Utilizing matching funds in the amount of $6,000 from existing 2024 appropriations for this grant project.
In December 2023, CDPHE awarded the City $9,000 under the CDPHE Indoor Radon grant program. The
City will provide an additional $6,000 in required matching funds. The award funds and City’s matching
funds will support radon testing and mitigation programs to protect public health for the Fort Collins
community.
Pursuant to the State of Colorado Purchase Order Terms and Conditions, and in accordance with Section
1-22 of the City Code, the City Manager has accepted the grant agreement. The $9,000 are federal funds
from the Environmental Protection Agency being passed through to the City by CDPHE.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Radon is a priority indoor air quality pollutant in Fort Collins, as it is the leading cause of lung cancer in
non-smokers, and the second leading cause for smokers (after smoking). Radon tests show that sixty-five
percent of homes in Fort Collins test higher than the Environmental Protection Agency's (EPA) defined
"action levels" for mitigating radon gas. The Environmental Services Department will use these grant funds
to augment existing programs for education and outreach to raise awareness of the health risks, provision
of low-cost radon test kits to residents, and information to help mitigate high radon levels.
Page 55
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This item appropriates $9,000 in unanticipated revenue from the CDPHE in support of the Environmental
Services Radon Program.
Required matching funds in the amount of $6,000 have already been appropriated in the General Fund,
specifically in the 2024 operating budget for Environmental Services. The $6,000 will be transferred to the
grant in the General Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Radon is a priority pollutant identified by the Air Quality Advisory Board, but no formal recommendation
was sought for appropriation of the grant funds to augment existing radon program efforts.
PUBLIC OUTREACH
Public outreach regarding radon will be conducted throughout the year with radon presentations, provision
of outreach materials and radon test kit sales.
ATTACHMENTS
1. Ordinance for Consideration
2. CDPHE Purchase Order and Corresponding State of Colorado
Purchase Order Terms and Conditions
Page 56
Item 5.
-1-
ORDINANCE NO. 004, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS OF APPROPRIATIONS AND
APPROPRIATING RELATED FUNDS FOR THE
ENVIRONMENTAL SERVICES RADON PROGRAM
A. The City has been awarded a Colorado Department of Public Health and
Environment grant in the amount of $9,000 for the Environmental Services Radon
Program (the “Program”).
B. The grant will be used to support radon testing and mitigation programs.
C. The grant requires $6,000 in matching funds from the City, which have been
appropriated and are available in the General Fund for this purpose.
D. Radon is a priority indoor air quality pollutant in Fort Collins and is the
leading cause of lung cancer in non-smokers.
E. Radon tests show that sixty-five percent of homes in Fort Collins test higher
than the Environmental Protection Agency’s defined “action levels” for mitigating radon
gas.
F. The Program provides education and outreach to raise awareness of the
health risks and provides low-cost radon test kits to residents.
G. This appropriation benefits public health, safety, and welfare of the citizens
of Fort Collins and serves a public purpose by helping to raise awareness about radon in
Fort Collins homes.
H. 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 app ropriations 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.
I. The 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.
J. 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 on e fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
Page 57
Item 5.
-2-
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.
K. The City Manager has recommended the transfer of $6,000 from the
Environmental Services operating budget in the General Fund to the Environmental
Services Radon Program in the General Fund and determined that the purpose for which
the transferred funds are to be expended remains unchanged.
L. Article V, Section 11 of the City Charter aut horizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private 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 federal, state
or private grant or donation or the City’s expenditure of all funds received from such grant
or donation.
M. The City Council wishes to designate the appropriation herein for the
Colorado Department of Public Health and Environment grant 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.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of NINE THOUSAND DOLLARS ($9,000) to be expended in the
General Fund for the Environmental Services Radon Program.
Section 2. The unexpended and unencumbered appropriated amount of SIX
THOUSAND DOLLARS ($6,000) is authorized for transfer from the Environme ntal
Services operating budget in the General Fund to the Environmental Services Radon
Program in the General Fund.
Section 3. The appropriation herein for the Colorado Department of Public
Health and Environment grant 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.
Page 58
Item 5.
-3-
Introduced, considered favorably on first reading on January 16, 2024, and
approved on second reading for final passage on February 6, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: February 16, 2024
Approving Attorney: Ted Hewitt
Page 59
Item 5.
STATE OF COLORADO
Department of Public Health & Environment
Page 1 of 1
ORDER *****IMPORTANT*****
Number:PO,FEEA,202400007134 The order number and line number must appear on all
invoices, packing slips, cartons, and correspondence.Date:12/13/23
Description:
HAZ 5001 City of Fort Collins Radon Grant FY24
BILL TO
HAZ.MAT. CONTROL DIV B-200
4300 CHERRY CREEK DRIVE SOUTH
DENVER, CO 80246-1530
Effective Date:12/14/23
Expiration Date:09/30/24
BUYER SHIP TO
Buyer: HAZ.MAT. CONTROL DIV B-200
4300 CHERRY CREEK DRIVE SOUTH
DENVER, CO 80246-1530
Email:
VENDOR
CITY OF FORT COLLINS
Finance Department
PO BOX 580
FORT COLLINS, CO 80522-0580 SHIPPING INSTRUCTIONS
Delivery/Install Date:-
FOB: Contact:EFT REMIT
Phone:NA
VENDOR INSTRUCTIONS
EXTENDED DESCRIPTION
HAZ 5001 City of Fort Collins Radon Grant FY24. This Purchase Order shall not exceed $9,000.00. No work
may be performed prior to an approved Purchase Order being in place. CDPHE's Purchase Order Federal
Provisions have been uploaded with this submission and are applicable to this Purchase Order. Colorado terms
and conditions supersede.
Line Item Commodity/Item Code UOM QTY Unit Cost Total Cost MSDS Req.
1 962 0 0.00 $9,000.00 ¨
Description:HAZ 5001 City of Fort Collins Radon Grant FY24
Service From:12/14/23 Service To:09/30/24
TERMS AND CONDITIONS
https://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL =$9,000.00
Page 60
Item 5.
State of Colorado Purchase Order Terms and Conditions
1.Offer/Acceptance.This Purchase Order,together with these terms and conditions (including,
if applicable,Addendum 1:Additional Terms and Conditions for Information Technology,below),and
any other attachments,exhibits,specifications,or appendices,whether attached or incorporated by
reference (collectively the “PO”)shall represent the entire and exclusive agreement between the
State and the Vendor.If this PO refers to Vendor’s bid or proposal,this PO is an ACCEPTANCE of
Vendor ’s OFFER TO SELL in accordance with the terms and conditions of this PO.If a bid or
proposal is not referenced,this PO is an OFFER TO BUY,subject to Vendor ’s acceptance,
demonstrated by Vendor’s performance or written acceptance of this PO.Any COUNTER-OFFER TO
SELL automatically CANCELS this PO,unless a change order accepting the counter-offer is issued in
accordance with §4 accepting a counter-offer.The State shall not be responsible or liable for goods or
services delivered or performed prior to issuance of this PO.
2.Order of Precedence.In the event of a conflict or inconsistency within this PO,such conflict
or inconsistency shall be resolved by giving preference to the documents in the following order of
priority:(a)the Purchase Order document;(b)these Terms and Conditions (including,if applicable,
Addendum 1:Additional Terms and Conditions for Information Technology below);and (c)any
attachments,exhibits,specifications,or appendices,whether attached or incorporated by reference.
Any terms and conditions included on Vendor ’s forms or invoices not included in this PO are void.
3.Safety Information.All chemicals,equipment,and materials proposed or used in the
performance of this PO shall conform to the requirements of the Occupational Safety and Health Act
of 1970.Vendor shall furnish all Material Safety Data Sheets (MSDS)for any regulated chemicals,
equipment,or hazardous materials at the time of delivery.
4.Changes.Vendor shall furnish goods or services in strict accordance with the specifications
and price set forth for each item.This PO shall not be modified,superseded or otherwise altered,
except in writing signed by the State and accepted by Vendor.If this PO is for goods only and Vendor
has not delivered the goods prior to the expiration of this PO,but Vendor delivers all of the goods to
the State only after expiration of this PO,then the State,in its sole discretion,may accept the goods
under this PO by extending this PO and delivering the modification to Vendor;however,regardless of
anything to the contrary,if the State does not extend this PO for any reason then the goods delivered
after expiration of this PO shall be deemed rejected,Vendor shall arrange the return of all delivered
goods at Vendor ’s sole expense,and the State shall have no liability for any such goods.
5.Delivery.Unless otherwise specified in this PO,delivery shall be FOB destination,freight
prepaid and allowed.The State is relying on the promised delivery date and any installation or service
performance set forth in this PO as material and basic to the State’s acceptance.If Vendor fails to
deliver or perform as and when promised,the State,in its sole discretion,may cancel its order,or any
part thereof,without prejudice to its other rights,return all or part of any shipment so made,and
charge Vendor with any loss or expense sustained as a result of such failure to deliver or perform as
promised.Time is of the essence.
6.Rights to Materials.[Not Applicable to POs issued either in whole or in part for
Information Technology,as defined in CRS §24-37.5-102(2);which shall be governed by
Addendum 1 §B.]Unless specifically stated otherwise in this PO,all materials,including without
limitation supplies,equipment,documents,content,information,or other material of any type,
whether tangible or intangible (collectively “Materials”),furnished by the State to Vendor or delivered
by Vendor to the State in performance of its obligations under this PO shall be the exclusive property
of the State.Vendor shall return or deliver all Materials to the State upon completion or termination of
this PO.
7.Reporting.If Vendor 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 PO or may affect Vendor ’s ability to perform its obligations under this PO,Vendor shall,within
Page 1 of 12
Effective 10/10/2023
Page 61
Item 5.
10 days after being served,notify the State of such action and deliver copies of such pleading or
document to the State.Vendor 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 this
PO.The State may impose any remedies available,which may include,without limitation,suspension
or debarment.
8.Conflicts of Interest.Vendor acknowledges that with respect to this PO,even the
appearance of a conflict of interest is harmful to the State’s interests.Absent the State’s prior written
approval,Vendor shall refrain from any practices,activities,or relationships that reasonably may
appear to be in conflict with the full performance of Vendor ’s obligations to the State hereunder.If a
conflict or appearance of a conflict of interest exists,or if Vendor is uncertain as to such,Vendor shall
submit to the State a disclosure statement setting forth the relevant details for the State’s
consideration.Failure to promptly submit a disclosure statement or to follow the State’s direction with
respect to the actual or apparent conflict constitutes a breach of this PO.Vendor acknowledges that
all State employees are subject to the ethical principles described in §24-18-105,C.R.S.Vendor
further acknowledges that State employees may be subject to the requirements of §24-18-105,
C.R.S.with regard to this PO.
9.Warranties.All provisions and remedies of the Colorado Uniform Commercial Code,CRS,
Title 4 (“UCC”),relating to implied or express warranties for goods are incorporated herein,in addition
to any warranties contained in this PO.
10.Inspection and Acceptance.The State’s final acceptance of goods or services is contingent
upon completion of all applicable inspection procedures.All goods delivered shall be newly
manufactured and the current model,unless otherwise specified.The State shall have the right to
inspect goods or services provided under this PO at all reasonable times and places.The State shall
be the sole judge in determining “equals”with regard to conformance with the specifications outlined
in this PO for quality,price,and performance.If any of the goods or services do not conform to this
PO,the State,at its sole discretion,may require Vendor to either (a)replace the goods specified by
the State or (b)perform the services again,without additional payment from the State.When defects
in the quality or quantity of goods or services cannot be corrected by replacement or re-performance,
the State may (c)require Vendor to take necessary action to ensure that future performance
conforms to this PO and (d)equitably reduce the payment due Vendor to reflect the reduced value of
the goods or services performed.These remedies do not limit the remedies otherwise available in this
PO,at law,or in equity.
11.Taxes.The State is exempt from federal excise taxes and from State and local sales and use
taxes.
12.Payment.The State shall not pay Vendor any amount for performance under this PO in
excess of the Document Total set forth on the Purchase Order document.The State shall pay Vendor
for all amounts due within 45 days after the State’s receipt of goods or services and acceptance of a
correct invoice of amount due.Amounts not paid by the State within 45 days of the State’s
acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the
rate set forth in CRS §24-30-202(24)until paid in full.Interest shall not accrue if a good faith dispute
exists as to the State’s obligation to pay all or a portion of the amount due.Vendor shall invoice the
State separately for interest on delinquent amounts due,referencing the delinquent payment,number
of day’s interest to be paid,and applicable interest rate.The State may benefit from any early
payment discount offered by Vendor by making payment within the timeframes required by Vendor to
be eligible for such discount.If Vendor offers an early payment discount,then the discount shall be
shown on Vendor ’s invoices to the State,and if the State makes payment on the invoice within the
time frame for the discount,Vendor shall either (a)accept the payment amount less the appropriate
discount or (b)refund the discount back to the State.Except as specifically agreed in this PO,Vendor
shall be solely responsible for all costs,expenses,and other charges it incurs in connection with its
performance under this PO.
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13.Assignment.Vendor ’s rights and obligations under this PO shall not be transferred or
assigned without the prior,written consent of the State and execution of a new PO.Any attempt at
assignment or transfer without such consent and new PO shall be void.Any new PO approved by the
State shall be subject to the same terms and conditions as those set forth in this PO.
14.Subcontracts.Unless otherwise specified in this PO,Vendor shall not enter into any
subcontract in connection with its obligations under this PO without the prior,written approval of the
State.Vendor shall submit to the State a copy of each such subcontract upon request by the State.
All subcontracts entered into by Vendor in connection with this PO 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 PO.
15.Severability.The invalidity or unenforceability of any provision of this PO shall not affect the
validity or enforceability of any other provision of this PO,which shall remain in full force and effect,
provided,that the parties can continue to perform their obligations in accordance with the intent of this
PO.
16.Survival of Certain PO Terms.Any provision of this PO that imposes an obligation on a party
after termination or expiration of this PO shall survive the termination or expiration of this PO and
shall be enforceable by the other party.
17.Third Party Beneficiaries.Except for the parties’respective successors and assigns,this PO
does not and is not intended to confer any rights or remedies upon any person or entity other than the
parties.Enforcement of this PO and all rights and obligations hereunder is reserved solely to the
parties.Any services or benefits which third parties receive as a result of this PO are incidental to this
PO,and do not create any rights for such third parties.
18.Waiver.A party’s failure or delay in exercising any right,power,or privilege under this PO,
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.
19.Indemnification.[Not Applicable to Inter-governmental POs]Vendor shall indemnify,save,
and hold harmless the State,its employees,agents and assignees (the “Indemnified Parties”),
against any and all costs,expenses,claims,damages,liabilities,court awards and other amounts
(including attorneys’fees and related costs)incurred by any of the Indemnified Parties in relation to
any act or omission by Vendor,or its employees,agents,subcontractors,or assignees in connection
with this PO.This shall include,without limitation,any and all costs,expenses,claims,damages,
liabilities,court awards and other amounts incurred by the Indemnified Parties in relation to any claim
that any work infringes a patent,copyright,trademark,trade secret,or any other intellectual property
right or any claim for loss or improper disclosure of any confidential information or personally
identifiable information.
20.Notice.All notices given under this PO shall be in writing,and shall be delivered to the
contacts for each party listed on the Purchase Order document.Either party may change its contact
or contact information by notice submitted in writing to the other party without a formal modification to
this PO.
21.Insurance.Except as otherwise specifically stated in this PO,Vendor shall obtain and
maintain insurance as specified in this section at all times during the term of this PO:(a)workers’
compensation insurance as required by state statute,and employers’liability insurance covering all
Vendor employees acting within the course and scope of their employment;(b)Commercial general
liability insurance written on an Insurance Services Office occurrence form,covering premises
operations,fire damage,independent contractors,products and completed operations,blanket
contractual liability,personal injury,and advertising liability with minimum limits as follows:$1,000,000
each occurrence;$1,000,000 general aggregate;$1,000,000 products and completed operations
aggregate;and $50,000 any one fire;and (c)Automobile liability insurance covering any auto
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(including owned,hired and non-owned autos)with a minimum limit of $1,000,000 each accident
combined single limit.If Vendor will or may have access to any protected information,then Vendor
shall also obtain and maintain insurance covering loss and disclosure of protected information and
claims based on alleged violations of privacy right through improper use and disclosure of protected
information with limits of $1,000,000 each occurrence and $1,000,000 general aggregate at all times
during the term of this PO.Additional insurance may be required as provided elsewhere in this PO.
All insurance policies required by this PO shall be issued by insurance companies with an AM Best
rating of A-VIII or better.This insurance requirement shall not apply if this PO is solely for goods,as
determined by the State,unless specifically stated otherwise in this PO or any attachment or exhibit
to this PO.If Vendor is a public agency within the meaning of the Colorado Governmental Immunity
Act,then this section shall not apply and Vendor shall instead comply with the Colorado
Governmental Immunity Act.The State shall be named as additional insured on all commercial
general liability policies required of Vendor.All insurance policies secured or maintained by Vendor in
relation to this Purchase Order shall include clauses stating that each carrier shall waive all rights of
recovery under subrogation or otherwise against Vendor or the State,its agencies,institutions,
organizations,officers,agents,employees,and volunteers.
22.Termination Prior to Vendor Acceptance.If Vendor has not begun performance under this
PO,the State may cancel this PO by providing written notice to the Vendor.
23.Termination for Cause.(a)If Vendor refuses or fails to timely and properly perform any of its
obligations under this PO with such diligence as will ensure its completion within the time specified in
this PO,the State may notify Vendor in writing of non-performance and,if not corrected by Vendor
within the time specified in the notice,terminate Vendor ’s right to proceed with this PO or such part
thereof as to which there has been delay or a failure.Vendor shall continue performance of this PO to
the extent not terminated.(b)Vendor shall be liable for excess costs incurred by the State in
procuring similar goods or services and the State may withhold such amounts as the State deems
necessary.(c)If after rejection,revocation,or other termination of Vendor ’s right to proceed under the
UCC or this clause,the State determines for any reason that Vendor was not in default or the delay
was excusable,the rights and obligations of the State and Vendor shall be the same as if the notice of
termination had been issued pursuant to termination under §24.
24.Termination in Public Interest.The State is entering into this PO for the purpose of carrying
out the public interest of the State,as determined by its Governor,General Assembly,or Courts.If
this PO ceases to further the public interest of the State as determined by its Governor,General
Assembly,or Courts,the State,in its sole discretion,may terminate this PO in whole or in part and
such termination shall not be deemed to be a breach of the State’s obligations hereunder.This
section shall not apply to a termination for cause,which shall be governed by §23.A determination
that this PO should be terminated in the public interest shall not be equivalent to a State right to
terminate for convenience.The State shall give written notice of termination to Vendor specifying the
part of this PO terminated and when termination becomes effective.Upon receipt of notice of
termination,Vendor shall not incur further obligations except as necessary to mitigate costs of
performance.For services or specially manufactured goods,the State shall pay (a)reasonable
settlement expenses,(b)this PO price or rate for supplies and services delivered and accepted,(c)
reasonable costs of performance on unaccepted supplies and services,and (d)a reasonable profit
for the unaccepted work.For existing goods,the State shall pay (e)reasonable settlement expenses,
(f)the PO price for goods delivered and accepted,(g)reasonable costs incurred in preparation for
delivery of the undelivered goods,and (h)a reasonable profit for the preparatory work.The State’s
termination liability under this section shall not exceed the total PO price.As a condition for payment
under this section,Vendor shall submit a termination proposal and reasonable supporting
documentation,and cost and pricing data as requested by the State.
25.Funds Availability.Financial obligations of the State payable after the State’s current fiscal
year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made
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available.If this PO is funded in whole or in part with federal funds,this PO is subject to and
contingent upon the continuing availability of federal funds for the purposes hereof.The State
represents that it has set aside sufficient funds to make payment for goods delivered in a single
installment,in accordance with the terms of this PO.
26.Governmental Immunity.Liability for claims for injuries to persons or property arising from
the negligence of the State,its departments,boards,commissions committees,bureaus,offices,
employees and officials shall be controlled and limited by the provisions of the Colorado
Governmental Immunity Act,CRS §24-10-101,et seq.,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,CRS §§24-30-1501,et
seq.No term or condition of this PO 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.
27.Independent Contractor.Vendor shall perform its duties under this PO as an independent
contractor and not as an employee.Neither Vendor nor any agent or employee of Vendor shall be
deemed to be an agent or employee of the State.Vendor shall not have authorization,express or
implied,to bind the State to any agreement,liability or understanding,except as expressly set forth
herein.Vendor 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 Vendor or any of its agents or employees.Vendor shall pay when
due all applicable employment taxes,income taxes and local head taxes incurred pursuant to
this PO.Vendor shall (a)provide and keep in force workers'compensation and unemployment
compensation insurance in the amounts required by law,(b)provide proof thereof when
requested by the State,and (c)be solely responsible for its acts and those of its employees
and agents.
28.Compliance with Law.Vendor 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.
29.Choice of Law,Jurisdiction and Venue.[Not Applicable to Inter-governmental POs]
Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,
execution,and enforcement of this PO.The UCC shall govern this PO in the case of goods unless
otherwise agreed in this PO.Any provision included or incorporated herein by reference,which
conflicts with said laws,rules,and regulations shall be null and void.All suits or actions related to this
PO shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.Any provision incorporated herein by reference which purports to negate
this or any other provision in this PO in whole or in part shall not be valid or enforceable or available
in any action at law,whether by way of complaint,defense,or otherwise.Vendor shall exhaust
administrative remedies in CRS §24-109-106,prior to commencing any judicial action against the
State.
30.Prohibited Terms.Nothing in this PO shall be construed as a waiver of any provision of CRS
§24-106-109.Any term included in this PO that requires the State to indemnify or hold Vendor
harmless;requires the State to agree to binding arbitration;limits Vendor ’s liability for damages
resulting from death,bodily injury,or damage to tangible property;or that conflicts with that statute in
any way shall be void ab initio.
31.Vendor Offset and Erroneous Payments.[Not Applicable to Inter-governmental POs or
to POs issued solely for goods]The State Controller may withhold payment under the State’s
Vendor offset intercept system for debts owed to State agencies for:(a)unpaid child support debts or
child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in
CRS §39-21-101,et seq.;(c)unpaid loans due to the Student Loan Division of the Department of
Higher Education;(d)amounts required to be paid to the Unemployment Compensation Fund;and
(e)other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover,at the State’s discretion,payments made to Vendor in error for any
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reason,including,but not limited to,overpayments or improper payments,and unexpended or excess
funds received by Vendor by deduction from subsequent payments under this PO,deduction from
any payment due under any other contracts,grants or agreements between the State and Vendor,or
by any other appropriate method for collecting debts owed to the State.
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ADDENDUM 1:
Additional Terms &Conditions for Information Technology
IF ANY PART OF THE SUBJECT MATTER OF THIS PO IS INFORMATION TECHNOLOGY,AS DEFINED IN
CRS §24-37.5-102 (2),THE FOLLOWING PROVISIONS ALSO APPLY TO THIS PO.
A.Definitions.The following terms shall be construed and interpreted as follows:(a)“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 CRS
§24-11-101(1);(b)“CJI”means criminal justice information collected by criminal justice agencies
needed for the performance of their authorized functions,including,without limitation,all
information defined as criminal justice information by the U.S.Department of Justice,Federal
Bureau of Investigation,Criminal Justice Information Services Security Policy,as amended,and
all Criminal Justice Records as defined under CRS §24-72-302;(c)“HIPAA”means the federal
Health Information Portability and Accountability Act;(d)“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,pursuant to CRS §§24-37.5-401 et seq.;(e)“PCI”means payment card information
including any data related to credit card holders’names,credit card numbers,or the other credit
card information as may be protected by state or federal law;(f)“PHI”means any protected health
information,including,without limitation any information whether oral or recorded in any form or
medium that relates to the past,present or future physical or mental condition of an individual;the
provision of health care to an individual;or the past,present or future payment for the provision of
health care to an individual;and that identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual including,without
limitation,any information defined as Individually Identifiable Health Information by HIPAA;(g)
“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,including,without limitation,all information defined as personally identifiable
information in CRS §24-72-501.“PII”shall also mean “personal identifying information”as set forth
at §24-74-102,et.seq.,C.R.S.;(h)“State Confidential Information”means any and all State
Records not subject to disclosure under the Colorado Open Records Act,CRS §§24-72-200.1,et
seq.(“CORA”),and includes,without limitation,PII,PHI,PCI,Tax Information,CJI,and State
personnel records not subject to disclosure under CORA;(i)“State Records”means any and all
State data,information,and records,regardless of physical form;(j)“Tax Information”means
federal and State of Colorado tax information including,without limitation,federal and State tax
returns,return information,and such other tax-related information as may be protected by federal
and State law and regulation,including,without limitation all information defined as federal tax
information in Internal Revenue Service Publication 1075;and (k)“Work Product”means the
tangible and intangible results of the delivery of goods and performance of services,whether
finished or unfinished,including drafts.
B.Intellectual Property.Except to the extent specifically provided elsewhere in this PO,any
State information,including without limitation pre-existing State software,research,reports,
studies,data,photographs,negatives or other documents,drawings,models,materials;or Work
Product prepared by Vendor in the performance of its obligations under this PO shall be the
exclusive property of the State (collectively,“State Materials”).Vendor shall deliver all State
Materials to the State upon completion or termination of this PO.The State’s exclusive rights in
any Work Product prepared by Vendor shall include,but not be limited to,the right to copy,
publish,display,transfer,and prepare derivative works.Vendor shall not use,willingly allow,cause
or permit any State Materials to be used for any purpose other than the performance of Vendor ’s
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obligations hereunder without the prior written consent of the State.The State shall maintain
complete and accurate records relating to (a)its use of all Vendor and third party software
licenses and rights to use any Vendor or third party software granted under this PO and its
attachments to which the State is a party and (b)all amounts payable to Vendor pursuant to this
PO and its attachments and the State’s obligations under this PO or to any amounts payable to
Vendor in relation to this PO,which records shall contain sufficient information to permit Vendor to
confirm the State’s compliance with the use restrictions and payment obligations under this PO or
to any third-party use restrictions to which the State is a party.Vendor retains the exclusive rights,
title and ownership to any and all pre-existing materials owned by or licensed to Vendor including,
but not limited to all pre-existing software,licensed products,associated source code,machine
code,text images,audio,video,and third-party materials,delivered by Vendor under this PO,
whether incorporated in a deliverable or necessary to use a deliverable (collectively,“Vendor
Property”).Vendor Property shall be licensed to the State as set forth in a State-approved license
agreement:(c)entered into as exhibits or attachments to this PO,(d)obtained by the State from
the applicable third-party Vendor,or (e)in the case of open source software,the license terms set
forth in the applicable open source license agreement.Notwithstanding anything to the contrary
herein,the State shall not be subject to any provision incorporated in any exhibit or attachment
attached hereto,any provision incorporated in any terms and conditions appearing on any
website,any provision incorporated into any click through or online agreements,or any provision
incorporated into any other document or agreement between the parties that (i)requires the State
to indemnify Vendor or any other party,(ii)is in violation of State laws,regulations,rules,fiscal
rules,policies,or other State requirements as deemed solely by the State,or (iii)is contrary to
this PO.
C.License or Use Audit Rights.If this PO includes any license or other right to use Vendor ’s
intellectual property,Vendor shall have the right,at any time during and throughout the term of this
PO,but not more than once during any State fiscal year,to request via written notice in
accordance with the notice provisions of this PO that the State audit its use of Vendor ’s intellectual
property and certify as to its compliance with any applicable license or use restrictions and
limitations contained in this PO (an “Audit Request”).The Audit Request shall specify the time
period to be covered by the audit,which shall not include any time periods covered by a previous
audit.The State shall complete the audit and provide certification of its compliance to Vendor
(“Audit Certification”)within 120 days following the State’s receipt of the Audit Request.If upon
receipt of the State’s Audit Certification,the parties reasonably determine that:(a)the State’s use
of licenses,use of software,use of programs,or any other use of intellectual property during the
audit period exceeded the use restrictions and limitations contained in this PO (“Overuse”)and (b)
the State would have been or is then required to purchase additional rights to use Vendor ’s
intellectual property (“Additional Rights”),Vendor shall provide written notice to the State in
accordance with the notice provisions of this PO identifying any Overuse or required Additional
Rights and request that the State bring its use into compliance with such use restrictions and
limitations.Notwithstanding anything to the contrary in this PO,or incorporated as a part of
Vendor ’s or any subcontractor ’s website,click-through or online agreements,third-party
agreements,or any other documents or agreements between the parties,the State shall not be
liable for the costs associated with any Overuse or Additional Rights,during the audit period
regardless of whether the State may have been notified in advance of such costs.
D.Vendor Records.Vendor shall maintain a file of all documents,records,communications,
notes,and other materials relating to the work (the “Vendor Records”).Vendor Records shall
include all documents,records,communications,notes and other materials maintained by Vendor
that relate to any work performed by Subcontractors,and Vendor shall maintain all records related
to the work performed by Subcontractors required to ensure proper performance of that work.
Unless a longer period is required in this PO or any attachment or exhibit to this PO,Vendor shall
maintain Vendor Records until the last to occur of:(a)the date 3 years after the date this
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Purchase Order expires or is terminated,(b)final payment under this Purchase Order is made,(c)
the resolution of any pending Purchase Order matters,or (d)if an audit is occurring,or Vendor
has received notice that an audit is pending,the date such audit is completed and its findings
have been resolved (the “Record Retention Period”).Vendor shall permit the State,the federal
government,and any other duly authorized agent of a governmental agency to audit,inspect,
examine,excerpt,copy,and transcribe Vendor Records during the Record Retention Period.
Vendor shall make Vendor Records available during normal business hours at Vendor ’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.The State,in its discretion,may
monitor Vendor ’s performance of its obligations under this Purchase Order using procedures as
determined by the State.The State shall monitor Vendor ’s performance in a manner that does not
unduly interfere with Vendor ’s performance of the work.Vendor shall promptly submit to the State
a copy of any final audit report of an audit performed on Vendor ’s records that relates to or affects
this Purchase Order or the work,whether the audit is conducted by Vendor or a third party.
E.Information Confidentiality.Vendor shall keep confidential,and cause all subcontractors to
keep confidential,all State Records,unless those State Records are publicly available.Vendor
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 PO,
permitted by law,or approved in writing by the State.Vendor shall provide for the security of all
State Confidential Information in accordance with all applicable laws,rules,policies,publications,
and guidelines.If Vendor or any of its subcontractors will or may have access to any State
Confidential Information or any other protected information,Vendor shall comply with all Colorado
Office of Information Security (OIS)policies and procedures which OIS has issued pursuant to
CRS §§24-37.5-401 through 406,and 8 CCR §1501-5 and posted at
https://oit.colorado.gov/standards-policies-guides/technical-standards-policies,all information
security and privacy obligations imposed by any federal,state,or local statute or regulation,or by
any industry standards or guidelines,as applicable based on the classification of the data relevant
to Vendor ’s performance under this PO.Such obligations may arise from HIPAA;IRS Publication
1075;Payment Card Industry Data Security Standard (PCI-DSS);Federal Bureau of Investigation
Criminal Justice Information Service Security Addendum;Centers for Medicare &Medicaid
Services (CMS)Minimum Acceptable Risk Standards for Exchanges;and Electronic Information
Exchange Security Requirements and Procedures for State and Local Agencies Exchanging
Electronic Information With The Social Security Administration.Vendor shall immediately forward
any request or demand for State Records to the State’s purchasing agent.
F.Other Entity Access and Nondisclosure Agreements.Vendor 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 PO.Vendor shall ensure
all such agents,employees,assigns,and subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this PO,and that the nondisclosure
provisions are in force at all times the agent,employee,assign or subcontractor has access to any
State Confidential Information.Vendor shall provide copies of those signed nondisclosure
provisions to the State upon execution of the nondisclosure provisions if requested by the State.
G.Use,Security,and Retention.Vendor shall use,hold,and maintain State Confidential
Information in compliance with all applicable laws and regulations only in facilities located within
the United States,and shall maintain a secure environment that ensures confidentiality of all State
Confidential Information.Vendor shall provide the State with access,subject to Vendor ’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
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termination of this PO,Vendor shall return State Records provided to Vendor or destroy such
State Records and certify to the State that it has done so,as directed by the State.If Vendor is
prevented by law or regulation from returning or destroying State Confidential Information,Vendor
warrants it will guarantee the confidentiality of,and cease to use,such State Confidential
Information.
H.Incident Notice and Remediation.If Vendor 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 Vendor can establish
none of Vendor or any of its agents,employees,assigns,or subcontractors are the cause or
source of the Incident,Vendor shall be responsible for the cost of notifying each person who may
have been impacted by the Incident.After an Incident,Vendor 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 adjust or direct modifications to this plan,in its sole
discretion and Vendor shall make all modifications as directed by the State.If Vendor cannot
produce its analysis and plan within the allotted time,the State,in its sole discretion,may perform
such analysis and produce a remediation plan,and Vendor shall reimburse the State for the
reasonable actual costs thereof.
I.Data Protection and Handling.Vendor shall ensure that all State Records and Work Product
in the possession of Vendor or any subcontractors are protected and handled in accordance with
the requirements of this PO at all times.Upon request by the State made any time prior to 60 days
following the termination of this PO for any reason,whether or not this PO is expiring or
terminating,Vendor shall make available to the State a complete and secure download file of all
data that is encrypted and appropriately authenticated.This download file shall be made available
to the State within 10 Business Days following the State’s request,and shall contain,without
limitation,all State Records,Work Product,and system schema and transformation definitions,or
delimited text files with documents,detailed schema definitions,and attachments in its native
format.Upon the termination of Vendor ’s services under this PO,Vendor shall,as directed by the
State,return all State Records provided by the State to Vendor,and the copies thereof,to the
State or destroy all such State Records and certify to the State that it has done so.If legal
obligations imposed upon Vendor prevent Vendor from returning or destroying all or part of the
State Records provided by the State,Vendor shall guarantee the confidentiality of all State
Records in Vendor’s possession and will not actively process such data.The State retains the
right to use the established operational services to access and retrieve State Records stored on
Vendor ’s infrastructure at its sole discretion and at any time.
J.Compliance with OIS Policies and Procedure.Vendor shall review,on a semi-annual basis,
all Colorado Office of Information Security (“OIS”)policies and procedures which OIS has
promulgated pursuant to CRS §§24-37.5-401 through 406 and 8 CCR §1501-5 and posted at
https://oit.colorado.gov/standards-policies-guides/technical-standards-policies,to ensure
compliance with the standards and guidelines published therein.Vendor shall cooperate,and shall
cause its subcontractors to cooperate,with the performance of security audit and penetration tests
by OIS or its designee.
K.Safeguarding PII.If Vendor or any of its subcontractors will or may receive PII under this PO,
Vendor shall provide for the security of such PII,in a manner and form acceptable to the State,
including,without limitation,all State requirements relating to non-disclosure,use of appropriate
technology,security practices,computer access security,data access security,data storage
encryption,data transmission encryption,security inspections,and audits.Vendor shall be a
“Third-Party Service Provider”as defined in CRS §24-73-103(1)(i)and shall maintain security
procedures and practices consistent with CRS §§24-73-101.In addition,as set forth in §
24-74-102,et.seq.,C.R.S.,Contractor,including,but not limited to,Contractor’s employees,
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agents and Subcontractors,agrees not to share any PII with any third parties for the purpose of
investigating for,participating in,cooperating with,or assisting with Federal immigration
enforcement.If Contractor is given direct access to any State databases containing PII,Contractor
shall execute,on behalf of itself and its employees,the certification PII Individual Certification
Form or PII Entity Certification Form [Download form from Hyperlink]on an annual basis and
Contractor ’s duty and obligation to certify shall continue as long as Contractor has direct access to
any State databases containing PII.If Contractor uses any Subcontractors to perform services
requiring direct access to State databases containing PII,the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis,so long as
the Subcontractor has access to State databases containing PII.
L.Software Piracy Prohibition.State or other public funds payable under this PO shall not be
used for the acquisition,operation,or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions.Vendor hereby certifies and warrants that,
during the term of this PO and any extensions,Vendor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds.If the State determines that
Vendor is in violation of this provision,the State may exercise any remedy available at law or in
equity or under this PO,including,without limitation,immediate termination of this PO and any
remedy consistent with federal copyright laws or applicable licensing restrictions.
M.Information Technology.To the extent that Vendor provides physical or logical storage of
State Records;Vendor creates,uses,processes,discloses,transmits,or disposes of State
Records;or Vendor is otherwise given physical or logical access to State Records in order to
perform Vendor ’s obligations under this PO,Vendor shall,and shall cause its subcontractors,to:
(a)provide physical and logical protection for all hardware,software,applications,and data that
meets or exceeds industry standards and the requirements of this PO;(b)maintain network,
system,and application security,which includes,but is not limited to,network firewalls,intrusion
detection (host and network),annual security testing,and improvements or enhancements
consistent with evolving industry standards;(c)comply with State and federal rules and
regulations related to overall security,privacy,confidentiality,integrity,availability,and auditing;(d)
provide that security is not compromised by unauthorized access to workspaces,computers,
networks,software,databases,or other physical or electronic environments;(e)promptly report all
Incidents,including Incidents that do not result in unauthorized disclosure or loss of data integrity,
to a designated representative of the OIS;and (f)comply with all rules,policies,procedures,and
standards issued by the Governor ’s Office of Information Technology (OIT),including project
lifecycle methodology and governance,technical standards,documentation,and other
requirements posted at
https://oit.colorado.gov/standards-policies-guides/technical-standards-policies.Vendor shall not
allow remote access to State Records from outside the United States,including access by
Vendor ’s employees or agents,without the prior express written consent of OIS.Vendor shall
communicate any request regarding non-U.S.access to State Records to the State.The State,
acting by and through OIS,shall have sole discretion to grant or deny any such request.
N.Accessibility.Vendor shall comply with and the Work Product provided under this PO shall
be in compliance with all applicable provisions of §§24-85-101,et seq.,C.R.S.,and
the Accessibility Standards for Individuals with a Disability,as established by OIT pursuant to
Section §24-85-103 (2.5),C.R.S.Vendor shall also 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.Vendor shall indemnify,save,and hold harmless the Indemnified Parties against any
and all costs,expenses,claims,damages,liabilities,court awards and other amounts (including
attorneys’fees and related costs)incurred by any of the Indemnified Parties in relation to Vendor ’s
failure to comply with §§24-85-101,et seq.,C.R.S.,or the Accessibility Standards for Individuals
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Effective 10/10/2023
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Item 5.
with a Disability as established by OIT pursuant to Section §24-85-103 (2.5),C.R.S.The State
may require Vendor’s compliance to the State’s Accessibility Standards to be determined by a
third party selected by the State to attest to Vendor’s Work Product and software is in compliance
with §§24-85-101,et seq.,C.R.S.,and the Accessibility Standards for Individuals with a Disability
as established by OIT pursuant to Section §24-85-103 (2.5),C.R.S.
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Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Caroline Mitchell, Environmental Services
Kerri Ishmael, Grants Administration
SUBJECT
First Reading of Ordinance No. 005, 2024, Authorizing Transfers of Appropriations and
Appropriating Related Funds for the Timberline Recycling Center Infrastructure and Efficiency
Improvements.
EXECUTIVE SUMMARY
The purpose of this item is to support Timberline Recycling Center (TRC) infrastructure and efficiency
improvements by:
● Appropriating $294,853 of unanticipated revenue awarded by the Colorado Departments of Public
Health and Environment’s Front Range Waste Diversion Enterprise (FRWD), and
● Transfer $28,393 matching funds from existing appropriations in the Capital Projects Business Unit for
the project
The grant funds and matching funds will support replacement of equipment that has exceeded its useful
life, as well as incorporation of new infrastructure to provide a safe, accessible and functional recycling
facility. Contribution to the Art in Public Places (APP) Program is not required due to grant restrictions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Front Range Waste Diversion (FRWD) grant is funded by a fee on landfill tip fees and is available to
communities in the Front Range to support recycling and composting. It is administered by the Colorado
Department of Public Health and the Environment (CDPHE). Fort Collins applied for a grant in June 2023
to support the City’s Timberline Recycling Center and was awarded the grant. The contract (Attachment
2) confirms the details and commitments of CDPHE and Fort Collins.
The grant of $294,853, with an additional $28,393 in City match, will fund:
A new compactor for collecting cardboard to add recycling capacity to the site
Three new roll-off bins to replace aging equipment on the site
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Internet fiber connection for the gatehouse and security cameras
Security cameras for the site to support site safety and for remote monitoring of the site
A larger equipment storage shed
A battery storage container
New platforms to access the recycling containers
Developing ADA access to the recycling containers
A contribution to the Art in Public Places (APP) Program is not required due to restrictions in place from
the grant award and the $28,393 bring transferred from the Capital Projects Fund having already made the
1% contribution.
CITY FINANCIAL IMPACTS
This item appropriates $294,853 in unanticipated revenue from FRWD in support of the TRC Project in the
General Fund.
Required matching funds in the amount of $28,393 have already been appropriated in the Capital Projects
Business Unit as part of the Integrated Recycling Facility project. The $28,393 will be transferred from the
Capital Projects Business Unit to the Grants Business Unit in the General Fund for the TRC Grant Project.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Front Range W aste Diversion Grant Agreement
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Item 6.
-1-
ORDINANCE NO. 005, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS OF APPROPRIATIONS AND
APPROPRIATING RELATED FUNDS FOR THE
TIMBERLINE RECYCLING CENTER INFRASTRUCTURE
AND EFFICIENCY IMPROVEMENTS
A. The Colorado Department of Public Health and Environment (“CDPHE”)
administers the Front Range Waste Diversion grant program, which is available to
communities on Colorado’s Front Range to support recycling and composting.
B. CDPHE has awarded the City of Fort Collins a Front Range Waste
Diversion grant of $294,853, in reimbursement funding, with a City match of $28,393, to
support the City’s Timberline Recycling Center (the “Grant”). The City will use the Grant
to procure and install: a new cardboard compactor; three new roll-off bins; an internet
fiber connection; security cameras; an equipment storage shed; a battery storage
container; new platforms for accessing recycling containers; and accessibility
improvements to the recycling containers.
C. The City Council supports the goals of the Grant, including to improve the
capacity of the Timberline Recycling Center, and through this Ordinance seeks to
appropriate sufficient funds to reach those goals as detailed in the City’s agreemen t with
CDPHE, which has been executed by the City Manager on behalf of the City.
D. All of the funds appropriated in this Ordinance for the Project are ineligible
for use in the APP Program due to restrictions placed on them by the Front Range Waste
Diversion grant program.
E. The funds being transferred from the Capital Projects Fund to the Grants
Business Unit in the General Fund are ineligible for use in the APP Program due to
previously being used for the contribution in a prior appropriation.
F. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of improving public recycling
facilities.
G. 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.
H. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previ ously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
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to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
I. 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.
J. The City Manager has recommended the transfer of $28,393 from the
Integrated Recycling Facility project in the Capital Projects Fund to the General Fund and
determined that the purpose for which the transferred funds are to be expended remains
unchanged.
K. 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,
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 donation or the City’s expenditure of all funds received from such grant
or donation.
L. The City Council wishes to designate the appropriation herein for the Front
Range Waste Diversion grant 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.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of TWO HUNDRED NINETY-FOUR THOUSAND EIGHT
HUNDRED FIFTY-THREE DOLLARS ($294,853) to be expended in the General Fund
for the Timberline Recycling Center Infrastructure and Efficiency Improvements.
Section 2. The unexpended and unencumbered appropriated amount of
TWENTY-EIGHT THOUSAND THREE HUNDRED NINETY-THREE DOLLARS
($28,393) is authorized for transfer from the Integrated Recycling Facility project in the
Capital Projects Fund to the Timberline Recycling Center Infrastructure and Efficiency
Improvements project in the General Fund and appropriated therein to be expended for
improvements at the Timberline Recycling Center.
Section 3. The appropriation herein for the Front Range Waste Diversion grant
is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
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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 on January 16, 2024, and
approved on second reading for final passage on February 6, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: February 16, 2024
Approving Attorney: Ted Hewitt
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Item 6.
Page 1 of 23
Original Contract Number: 2024*3148 FRWD Contract Template 11.06.23
STATE OF COLORADO
INTERGOVERNMENTAL AGREEMENT
SIGNATURE AND COVER PAGE(S)
State Agency
Front Range Waste Diversion Enterprise (“FRWD”), an enterprise for the
purposes of Section 20 of Article X of the Constitution
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246
Contractor
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
Original Contract Number
2024*3148
Contract Performance Beginning Date
The later of the Effective date or December 18, 2023
Contract Maximum Amount
Initial Term
12/18/2023-08/31/2026 $294,853.00
Contract Maximum Amount $294,853.00
Contract Expiration Date
August 31, 2026
Except as stated in §2.D., the total duration of this Contract,
including the exercise of any options to extend, shall not
exceed 5 years from its Performance Beginning Date.
Pricing/Funding
Price Structure: Cost Reimbursement
Contractor Shall Invoice: Upon Delivery and acceptance of performance
Funding Source:
FRWD Enterprise $294,853.00
Miscellaneous
Authority to enter into this Contract exists in:
CRS 25-1.5-101 - CRS 25-1.5-113 and CRS 25-16.5-111(3)
The Enterprise is and operates as a government-owned
business within the Department of Public Health and
Environment for the purpose of collecting the fee charged to
waste generators and using the fee to provide grants and
technical assistance to promote waste diversion. See §25-
16.5-111(3), C.R.S.
The enterprise is overseen by the FRWD Board of
Directors. The department administers the grant program on
behalf of the enterprise.
Procurement Method: Request for Application (RFA)
Solicitation Number (if any): SF061423
State Representative
Kendra Appelman-Eastvedt
Recycling Grants Manager
Division of Environmental Health and Sustainability
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
Email: frwd.program@state.co.us
Contractor Representative
Molly Saylor
Lead Specialist, Waste Reduction and Recycling
City of Fort Collins
Environmental Services
PO Box 580
Fort Collins, CO 80522
Email: msaylor@fcgov.com
Exhibits
The following Exhibits and Attachments are attached and incorporated into this Contract:
Exhibit A, Additional Provisions
Exhibit B, Statement of Work
Exhibit C, Budget
Exhibit D, Sample Option Letter
Contract Purpose
To purchase equipment such as a stationary compactor, roll-off containers, walkway platforms for visitors, and a battery storage container.
Funds will also be used to hire subcontractors to build a new equipment storage shed, for site connection, to install electri cal to the stationary
compactor, and to ensure ADA accessibility at the facility.
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Original Contract Number: 2024*3148 FRWD Contract Template 11.06.23
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract
and to bind the Party authorizing his or her signature.
CONTRACTOR
City of Fort Collins
_____________________________________________
By: Signature
_____________________________________________
Name of Person Signing for Contractor
_____________________________________________
Title of Person Signing for Contractor
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Front Range Waste Diversion Enterprise
Laurie Johnson, Chairperson, FRWD Board of Directors
______________________________________________
By:Laurie Johnson,
Chairperson, FRWD Board of Directors
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
__________________________________________
By: Signature
Contract Effective Date: _____________________
-- Signature and Cover Pages End --
DocuSign Envelope ID: 424FF6F6-200D-4D0B-A31A-211803301289
Kelly DiMartino
2023-11-30
City Manager
2023-11-30
2023-11-30
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Page 3 of 22
Original Contract Number: 2024*3148 FRWD Contract Template 11.06.23
1. PARTIES
This Contract is entered into by and between Contractor named on the Signature and Cover Page
for this Contract (the “Contractor”), and the STATE OF COLORADO acting by and through the
Front Range Waste Diversion Enterprise within the Department of Public Health and Environment
(the “State” or “FRWD” or “CDPHE”). 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 Signature and Cover Pages for this Contract and
shall terminate on the Initial Contract Expiration Date shown on the Signature and Cover
Pages for this Contract (the “Initial Term”) unless sooner terminated or further extended in
accordance with the terms of this Contract.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this
Contract beyond the Initial Term for a period, or for successive periods, at the same rates and
under the same terms specified in the Contract (each such period an “Extension Term”). In
order to exercise this option, the State shall provide written notice to Contractor in a form
substantially equivalent to the Sample Option Letter attached to this contract. Except as stated
in §2.D, the total duration of this Contract, including the exercise of any options to extend,
shall not exceed 5 years from its Effective Date absent prior approval from the FRWD Board
of Directors.
D. 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
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 the Contract.
E. 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
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Original Contract Number: 2024*3148 FRWD Contract Template 11.06.23
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 §14. 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 §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. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar law,
by or against Contractor, or the appointment of a receiver or similar officer for Contractor or
any of its property, which is not vacated or fully stayed within 30 days after the institution of
such proceeding, shall also constitute a breach. 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. “CJI” means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302 C.R.S.
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. For purposes of clarification and the removal of any doubt, sub ject to
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Original Contract Number: 2024*3148 FRWD Contract Template 11.06.23
any future modifications thereto, the Signature and Cover Pages and Sections 1 through 18
shall constitute the “main body” of this Contract exclusively.
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. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a
tangible object or software that is produced as a result of Contractor’s Work that is intended
to be delivered to the State by Contractor.
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 and Cover Page for this
Contract.
I. “End of Term Extension” means the time period defined in §2.D.
J. “Exhibits” means the exhibits listed on the Signature and Cover Pages and attached to this
Contract.
K. “Extension Term” means the time period defined in §2.C.
L. “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.
M. “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.
N. “Initial Term” means the time period defined in §2.B.
O. “Party” means the State or Contractor, and “Parties” means both the State and Contractor.
P. “PCI” means payment card information including any data related to credit card holders’
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
Q. “PHI” means any protected health information, including, without limitation any
information whether oral or recorded in any form or medium: (i) that relates to the past,
present or future physical or mental condition of an individual; the provision of health care
to an individual; or the past, present or future payment for the provision of health care to an
individual; and (ii) that identifies the individual or with respect to which there is a reasonable
basis to believe the information can be used to identify the individual. PHI includes, but is
not limited to, any information defined as Individually Identifiable Health Information by the
federal Health Insurance Portability and Accountability Act.
R. “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
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information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S.
S. “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.
T. “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, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure und er
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.
U. “State Fiscal Rules” means that fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a).
V. “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.
W. “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.
X. “Subcontractor” means third parties, if any, engaged by Contractor to aid in performance
of the Work.
Y. “Tax Information” means federal and State of Colorado tax information including, without
limitation, federal and State tax returns, return information, and such other tax-related
information as may be protected by federal and State law and regulation. Tax Information
includes but is not limited to all information defined as federal tax information in Internal
Revenue Service Publication 1075.
Z. “Work” means the delivery of the Goods and performance of the Services described in this
Contract.
AA. “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
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A. Completion of Work
Contractor shall complete the Work as described in this Contract and in accordance with the
provisions of the Exhibits. 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 for that term shown on the Signature and Cover Pages for this Contract.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Contractor in the amounts listed in and in accordance with the
Exhibits.
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 the Contract.
ii. Interest
Amounts not paid by the State within 45 days of 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
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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 FRWD funds
(which are not subject to state fiscal year appropriations), or 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.E.
6. REPORTING - NOTIFICATION
A. 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 5 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 in on the Signature and Cover Page.
B. 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, 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 §6.B 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
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records related to the Work performed by Subcontractors required to ensure proper
performance of that Work. Contractor shall maintain Contractor Records until the last to
occur of: (i) the date 3 years after the date this Contract expires or is terminated, (ii) final
payment under this Contract is made, (iii) the resolution of any pending Contract matters, or
(iv) if an audit is occurring, or Contractor has received notice that an audit is pending, the
date such audit is completed, and its findings have been resolved (the “Record Retention
Period”).
B. Inspection
Contractor shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
Contractor Records during the Record Retention Period. 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
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. If Contractor or any of its Subcontractors will or may receive the following types
of data, Contractor 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 Contract 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 Contract, if applicable. Contractor shall
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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 nondisclosure agreements at least as protective as this Contract, and
that the nondisclosure agreements 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 agreements to the State upon request.
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.
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
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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. In addition, as
set forth in §24-74-102, et. seq., C.R.S., Contractor, including, but not limited to, Contractor’s
employees, agents and Subcontractors, agrees not to share any PII with any third parties for
the purpose of investigating for, participating in, cooperating with, or assisting with Federal
immigration enforcement. If Contractor is given direct access to any State databases
containing PII, Contractor shall execute, on behalf of itself and its employees, the certification
available here: https://osc.colorado.gov/spco/central-contracts-unit/contract-grant-forms on
an annual basis. Contractor’s duty and obligation to certify shall continue as long as
Contractor has direct access to any State databases containing PII. If Co ntractor uses any
Subcontractors to perform services requiring direct access to State databases containing PII,
the Contractor shall require such Subcontractors to execute and deliver the certification to the
State on an annual basis, so long as the Subcontractor has access to State databases containing
PII.
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
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.
D. Contractor acknowledges that all State employees are subject to the ethical principles
described in §24-18-105, C.R.S. Contractor further acknowledges that State employees ma y
be subject to the requirements of §24-18-105, C.R.S. with regard to 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 shall be issued by insurance companies approved by the State.
A. Contractor Insurance
The Contractor is a "public entity" within the meaning of the Colorado Governmental
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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 written 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 any auto (including owned, hired and non -
owned autos) with a minimum limit of $1,000,000 each accident combined single limit.
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 over any insurance
or self-insurance program carried by Contractor or the State.
E. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-
renewal, except for cancellation based on non-payment of premiums, without at least 30 days
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prior notice to Contractor and Contractor shall forward such notice to the State in accordance
with §15 within 7 days of Contractor’s receipt of such notice.
F. Subrogation Waiver
All 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
Contractor shall provide to the State certificates evidencing Contractor’s insurance coverage
required in this Contract by the effective date of the contract. 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 the 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 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 §12.A. 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
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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.E.
c. Damages and Withholding
To the fullest extent of the law, notwithstanding any other remedial action by the
State, Contractor shall remain liable to the State for any damages sustained by the
State in connection with any 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 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
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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 th e
State’s best interest.
e. Intellectual Property
If any Work infringes a patent, copyright, trademark, trade secret or other
intellectual property right, Contractor shall, as approved by the State, (a) secure
that right to use such Work for the State or Contractor; (b) replace the Work with
noninfringing Work or modify the Work so that it becomes noninfringing; or, (c)
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
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 CDPHE as described in §24-101-301(30), 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 on the Signature and Cover Pages 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 on the Signature and Cover
Pages for this Contract or (C) as an email with read receipt requested to the principal representative
at the email address, if any, set forth on the Signature and Cover Pages 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 below. Either Party may change its principal representative
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or principal representative contact information by notice submitted in accordance with this section
without a formal amendment to this Contract. Unless otherwise provided in this Contract, notices
shall be effective upon delivery of the written notice.
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. The Parties intend the Work Product to be works made for hire.
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be
considered works made for hire under applicable law, Contractor hereby assigns to the
State, the entire right, title, and interest in and to copyrights in all Work Product and all
works based upon, derived from, or incorporating the Work Product; all copyright
applications, registrations, extensions, or renewals relating to all Work Product and all
works based upon, derived from, or incorporating the Work Product; and all moral
rights or similar rights with respect to the Work Product throughout the world. To the
extent that Contractor cannot make any of the assignments required by this section,
Contractor hereby grants to the State a perpetual, irrevocable, royalty-free license to
use, modify, copy, publish, display, perform, transfer, distribute, sell, and create
derivative works of the Work Product and all works based upon, derived from, or
incorporating the Work Product by all means and methods and in any format now
known or invented in the future. The State may assign and license its rights under this
license.
ii. Patents
In addition, Contractor grants to the State (and to recipients of Work Product distributed
by or on behalf of the State) a perpetual, worldwide, no-charge, royalty-free,
irrevocable patent license to make, have made, use, distribute, sell, offer for sale,
import, transfer, and otherwise utilize, operate, modify and propagate the contents of
the Work Product. Such license applies only to those patent claims licensable by
Contractor that are necessarily infringed by the Work Product alone, or by the
combination of the Work Product with anything else used by the State.
iii. Assignments and Assistance
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. 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,
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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.
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 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 any time thereafter, this section 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
Unless other restrictions are required elsewhere in this Contract, Contractor shall not enter
into any subcontract in connection with its obligations under this Contract without providing
notice to the State. The State may reject any such subcontract, and Contractor shall terminate
any subcontract that is rejected by the State and shall not allow any Subcontractor to perform
any Work after that Subcontractor’s subcontract has been rejected by the State. Contractor
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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
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
promulgated 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
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changed or amended since the Effective Date of this Contract.
K. Order of Precedence
In the event of a conflict or inconsistency between this Contract and any Exhibits or options
such conflict or inconsistency shall be resolved by reference to the documents in the
following order of priority:
i. Colorado Special Provisions in §18 of the main body of this Contract.
ii. The provisions of the other sections of the main body of this Contract.
iii. Any other Exhibit(s) shall take precedence in alphabetical order.
L. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on Contractor’s or a
Subcontractor’s website or any provision incorporated into any click-through or online
agreements related to the Work unless that provision is specifically referenced in this
Contract.
M. 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 the Contract.
N. Survival of Certain Contract Terms
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 the Contract and shall
be enforceable by the other Party.
O. 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
Colorado 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. Contractor shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that
Contractor may wish to have in place in connection with this Contract.
P. 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
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of this Contract are incidental to the Contract, and do not create any rights for such th ird
parties.
Q. 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.
R. CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance measures and
standards required under §24-103.5-101 C.R.S., if any, are subject to public release through
the CORA.
S. 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.
T. 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.
U. Accessibility
i. Contractor shall comply with and the Work Product provided under this Contract shall
be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by the
Governor’s Office Of Information Technology (OIT), pursuant to Section §24-85-103
(2.5), C.R.S. Contractor shall also 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.
ii. The State may require Contractor’s compliance to the State’s Accessibility Standards
to be determined by a third party selected by the State to attest to Contractor’s Work
Product and software is in compliance with §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability as established by the Office
of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S.
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts except where noted in italics.
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.
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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, its 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.
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 thi s 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 an d 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. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Contract shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor
harmless; requires the State to agree to binding arbitration; limits 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 initio. Nothing in this Contract shall be
construed as a waiver of any provision of §24-106-109 C.R.S.
H. 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
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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.
I. 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.
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Original Contract Number: 2024*3148 Ver. 10.06.21
ADDITIONAL PROVISIONS
To Original Contract Routing Number 2024*3148
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
1. To receive compensation under the Contract, the Contractor shall submit a signed Reimbursement
Form. This form is titled Reimbursement Form and will be emailed to the Contractor by the Contract
Monitor upon contract execution. The form is incorporated and made part of this Contract by
reference. The Reimbursement Form must be submitted no later than forty-five (45) calendar days
after the end of the billing period for which services were rendered. Expenditures shall be in
accordance with the Statement of Work and Budget. The Contractor shall submit the invoice using the
method listed below.
The Contractor shall submit the following documentation with the completed invoice; copies of
timesheets\paystubs, credit card receipts, copies of cleared checks, invoices with zero balance shown,
etc.
Combine the completed and signed Reimbursement Form and supporting documentation into an
electronic document. Email the combined invoice and supporting documentation to: CDPHE FRWD
Program, cdphe_recycling_grants@state.co.us.
Final billings under the Contract must be received by the State within a reasonable time after the
expiration or termination of the Contract; but in any event no later than forty-five (45) calendar days
from the effective expiration or termination date of the Contract.
2. Time Limit For Acceptance Of Deliverables.
a. Evaluation Period. The State shall have thirty (30) calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables
that have a different time negotiated by the State and the Contractor.
b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable, or is otherwise deficient, then the State shall notify
the Contractor of the failure or deficiencies, in writing, within seven (7) calendar days of: 1) the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or
deficiency. The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State’s
fiscal rules.
c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed
deliverable, the Contractor shall have a reasonable period of time, not to exceed thirty (30)
calendar days, to correct the noted deficiencies.
3. The State has determined that this Contract does not constitute a Business Associate relationship under
HIPAA.
4. Five percent (5%) of each reimbursement request, but not to exceed $14,742.65 will be withheld until all
project objectives have been achieved, as determined by the CDPHE Contract Monitor.
5. This award does not include funds for Research and Development.
6. Contractor shall manage all budget lines as they appear in Exhibit C, Budget. Contractor is authorized to
move funds among budget lines only with the prior, express written permission of the CDPHE Contract
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Monitor. A request to move funds shall be accompanied by an updated budget and justification for the
move. This may be accomplished electronically.
7. Contractor shall not sell, transfer, abandon, dispose of equipment, or otherwise allow the equipment or
materials to become unavailable for use during the term of the contract, without prior written authorization
from the CDPHE Contract Monitor.
8. Contractor shall notify CDPHE via email if the project goals change or if the Contractor is unable to utilize
the expenses outlined in Exhibit C, Budget due to a change of business status.
9. Pursuant to section 25-16.5-111(6)(f)(II), C.R.S., if a grantee is in noncompliance with the grant terms and
the parties are unable to agree to a contract amendment, CDPHE may demand full repayment of grant
funds spent, in part or in total, through conversion of the funds to a loan with interest and designate the
repayment terms that do not require the grantee to seek advance voter approval under Article X, Section 20
of the Colorado Constitution. For example, if project goals cannot be met or if the Contractor is unable to
fulfill contract deliverables or utilize the materials or equipment due to a change in business status, CDPHE
reserves the right to demand full repayment of all grant funds spent. CDPHE may allow the Contractor to
allocate the equipment to another organization or to secure a buyer, with prior written approval. If CDPHE
approves the disposition of equipment to a buyer, the Contractor shall first determine the equipment’s value
by hiring a third-party appraiser. The Contractor shall submit the appraiser’s report to CDPHE for review.
The Contractor shall locate and secure a buyer. The Contractor may use an auction house with prior
CDPHE approval. CDPHE maintains the first right of refusal if a buyer’s offer is consid erably lower than
the appraised value. If CDPHE agrees to the offer made, the buyer shall pay CDPHE the approved purchase
price within thirty (30) calendar days. CDPHE must receive payment before the buyer can take possession
of the equipment. Payment must be mailed to:
Colorado Department of Public Health and Environment
Mailstop: DEHS-A2
Attn: Kendra Appelman-Eastvedt, Recycling Grants Supervisor
4300 Cherry Creek Drive South
Denver, CO 80246
Freight and other associated costs to transfer the equipment from the Contractor to the buyer must not be
subtracted from the sale price.
10. Contractor acknowledges and agrees that CDPHE may, at its sole discretion, execute a security lien against
any piece of equipment purchased by Contractor pursuant to this contract. Any such lien shall remain in
place until CDPHE determines that Contractor has satisfied all obligations of the contract, and CDPHE
acknowledges and releases Contractor by written notice.
11. Contractor acknowledges and agrees that CDPHE may, at its sole discretion, request a signed attestation or
other documentation certifying the Contractor’s matching contribution to this project.
12. At the end of the term of this Contract, the State shall approve the disposition of all equipment.
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Original Contract Number: 2024*3148 Ver. 01.11.19
STATEMENT OF WORK
To Original Contract Number 2024*3148
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
I. Project Description:
This project serves to protect both public health and the environment in the Front Range of Colorado by increasing
recycling capacity at Timberline Recycling Center (TRC). The City of Fort Collins owns and operates TRC and
serves residents, businesses, and contractors from multiple counties in the Northern Colorado area. Due to an
increased number of visitors and volume of recycled material, TRC is in need of new and replacement
infrastructure to provide full service and maintain a safe enviro nment for visitors and operators.
The City of Fort Collins will use grant funds to purchase equipment such as a stationary compactor, roll-off
containers, walkway platforms for visitors, and a battery storage container. Grant funds will also be used to hire
subcontractors to build a new equipment storage shed, for site connection, to install electrical to the stationary
compactor, and to ensure ADA accessibility at the facility. Upon completion, this project is expected to increase
recycling capacity at TRC.
The Front Range Waste Diversion (FRWD) enterprise is supporting this project because it meets the legislation
approved in 2019 to increase waste diversion along the Front Range in Colorado and because it improves
conditions for Colorado residents through benefits achieved by incorporation the three pillars of sustainability,
which focus on social equity, the environment, and economics.
II. Definitions:
1. CDPHE: Colorado Department of Public Health and Environment
2. Stationary Compactor Equipment primarily used for the purpose of packing dry waste
material, such as cardboard, mixed paper, and plastic into a
compaction trailer or container
III. Work Plan:
Goal #1: To protect Colorado’s environment and human health by implementing sustainable waste diversion practices in
the Front Range region.
Objective #1: No later than the expiration date of this contract increase capacity at Timberline Recycling Center.
Primary Activity #1 Contractor shall attend a kick-off meeting.
Primary Activity #2 Contractor shall attend a baseline metrics meeting.
Primary Activity #3 Contractor shall provide project management oversight to implement the project.
Sub-Activities #3
1. Contractor shall assign tasks to City of Fort Collins Operation Service’s employees to
conduct project management oversight.
2. Contractor shall provide proof of completion for each project management service to
include the following:
a. Hours worked by City of Fort Collins Operation Service’s employees
b. Explanation of the completed work’s relation to the project.
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Original Contract Number: 2024*3148 Ver. 01.11.19
Primary Activity #4 Contractor shall obtain infrastructure.
Sub-Activities #4
3. Contractor shall obtain one (1) stationary compactor to include at a minimum:
a. Enclosed doghouse with front opening
b. Photo eye upgraded auto start
c. Receiver box with hook lift
4. Contractor shall provide photos of the stationary compactor onsite to CDPHE.
5. Contractor shall rent a 10,000 pound telehandler to install the stationary compactor.
6. Contractor shall provide proof of operation of the stationary compactor onsite to
CDPHE.
7. Contractor shall obtain roll-off containers including the following at minimum:
a. Two (2) 40-yard gable top roll-off containers
b. One (1) 30-yard gable top roll-off container
8. Contractor shall provide photos of the roll -off containers onsite to CDPHE.
9. Contractor shall obtain stair platforms to include the following:
a. Four (4) stair platforms to access gable top roll-off containers
b. Three (3) stair platforms to access stationary compactors
10. Contractor shall provide photos of the stair platforms onsite to CDPHE.
11. Contractor shall obtain one (1) 20-foot battery storage container.
12. Contractor shall provide photos of the battery storage container onsite to CDPHE.
Primary Activity #5 Contractor shall hire subcontractors.
Sub-Activities #5
1. Contractor shall hire subcontractor(s) to build an equipment storage shed onsite to
include the following:
a. Architectural design services
b. Construction
c. Installation of electrical
2. Contractor shall obtain a building permit for the equipment storage shed.
3. Contractor shall hire subcontractor(s) to perform site connection to include the
following:
a. Installation of camera raceways
b. Cabling for cameras
c. Data enclosure for information technology
4. Contractor shall hire subcontractor(s) to install electrical connection to the stationary
compactor.
5. Contractor shall hire subcontractor(s) to install ADA accessibility infrastructure to
access the following:
a. Stationary compactors
b. Roll-off containers
6. Contractor shall provide subcontractor agreements to CDPHE.
7. Contractor shall provide proof of completion of the subcontractor work to CDPHE.
Primary Activity #6 Contractor shall comply with CDPHE logo requirements on marketing material .
Primary Activity #7 Contractor shall participate in a project field audit.
Primary Activity #8 Contractor shall create reports.
Sub-Activities #9
1. Contractor shall create a monthly email.
2. Contractor shall record data in the Municipal Measurement Program (MMP),
incorporated and made part of this contract by reference, annually for the life of this
contract.
3. Contractor shall create progress report #1 via online reporting template.
4. Contractor shall create progress report #2 via online reporting template.
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Original Contract Number: 2024*3148 Ver. 01.11.19
5. Contractor shall create progress report #3 via online reporting template.
6. Contractor shall create progress report #4 via online reporting template.
Standards and
Requirements
1. CDPHE will schedule the contract kick-off meeting via email no later than 15 business
days of this contract’s execution.
2. The contract kick-off meeting shall be conducted via virtual meeting software.
3. CDPHE will schedule a baseline metrics meeting no later than 60 business days of this
contract’s execution.
4. CDPHE will provide access to online reporting templates via email to the Contractor
30 calendar days prior to each report’s submittal deadline.
5. Contractor shall notify CDPHE via email within three (3) business days of identifying
any project completion delays.
6. Contractor shall respond to CDPHE emails within three (3) business days.
7. CDPHE will notify the contractor no less than 2 (two) weeks prior to the anticipated
project field audit date.
8. CDPHE will send a project field audit agenda via email ten (10) business days prior to
the audit.
9. CDPHE will respond to draft language requests within 3 business days for marketing
material.
10. CDPHE will provide logo upon approval for marketing material.
11. Contractor shall include the following at a minimum in each monthly update:
a. Activities completion details.
b. Any anticipated delays related to this project.
c. Explanation of incomplete work related to this project.
d. Completion details for the City of Fort Collins project management services
as outlined in Primary Activity #3.
e. List of purchases made within the month.
12. Contractor shall include the following at a minimum in each progress report:
a. Tons of material collected.
b. Number of customers served.
c. Number of jobs created.
d. Responses to narrative questions.
13. Contractor shall comply with permitting requirements to include at a minimum:
a. City
b. County
c. Federal
d. State
14. Contractor shall provide proof of equipment purchase cost increases before submitting
a reimbursement request to use the contingency as specified in Exhibit C, Budget.
15. Contractor shall operate the following equipment according to manufacturer safety
instructions:
a. Stationary Compactor
Expected Results of
Activity(s)
1. Increase waste diversion at Timberline Recycling Center.
Measurement of
Expected Results
1. Tons of material diverted from Timberline Recycling Center as a result of this project.
Completion Date
Deliverables
1. Contractor shall submit monthly updates on
all work completed during the previous
month to the CDPHE Contract Monitor via
email.
No later than the last business day of
each month to cease at the CDPHE
contract Monitor’s discretion.
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Original Contract Number: 2024*3148 Ver. 01.11.19
IV. Monitoring:
CDPHE’s monitoring of this contract for compliance with performance requirements will be conducted throughout
the contract period by the Contract Monitor. Methods used will include a review of documentation determined by
CDPHE to be reflective of performance to include progress reports and other fiscal and programmatic documentation
as applicable. The Contractor’s performance will be evaluated at set intervals and communicated to the contractor.
A Final Contractor Performance Evaluation will be conducted at the e nd of the life of the contract.
2. Contractor shall submit data in the Municipal
Measurement Program (MMP).
No later than July 31 annually for the
life of this contract.
3. Contractor shall submit photos of the
stationary compactor onsite to the CDPHE
Contract Monitor via email.
No later than ten (10) calendar days
after the stationary compactor is
delivered, not to exceed January 31,
2025.
4. Contractor shall submit rental agreement of
10,000 pound Telehandler to the CDPHE
Contract Monitor via email.
No later than ten (10) calendar days
after renting the Telehandler, not to
exceed January 31, 2025.
5. Contractor shall submit proof of operation of
the stationary compactor onsite to the
CDPHE Contract Monitor via email.
No later than ten (10) calendar days
after installation of the stationary
compactor.
6. Contractor shall submit photos of the roll-off
containers onsite to the CDPHE Contract
Monitor via email.
No later than ten (10) calendar days
after roll-off containers are delivered,
not to exceed January 31, 2025.
7. Contractor shall submit photos of the stair
platforms onsite to the CDPHE Contract
Monitor via email.
No later than ten (10) calendar days
after the stair platforms are delivered,
not to exceed January 31, 2025.
8. Contractor shall submit photos of the battery
storage container onsite to the CDPHE
Contract Monitor via email.
No later than ten (10) calendar days
after the battery storage container is
delivered, not to exceed January 31,
2025.
9. Contractor shall submit the approved
building permit for the equipment storage
shed to the CDPHE Contract Monitor via
email.
No later than ten (10) calendar days
after receiving the building permit.
10. Contractor shall submit the subcontractor
agreements to the CDPHE Contract Monitor
via email.
No later than ten (10) calendar days
after signing the subcontractor
agreements.
11. Contractor shall submit proof of completion
of the subcontractor work to the CDPHE
Contract Monitor via email.
No later than ten (10) calendar days
after subcontractor work is complete,
not to exceed July 31, 2025.
12. Contractor shall submit progress report #1 via
online reporting template.
No later than January 31, 2025.
13. Contractor shall submit progress report #2 via
online reporting template.
No later than July 31, 2025.
14. Contractor shall submit progress report #3 via
online reporting template.
No later than January 31, 2026.
15. Contractor shall submit progress report #4 via
online reporting template.
No later than July 31, 2026.
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Item 6.
EXHIBIT B
Page 5 of 5
Original Contract Number: 2024*3148 Ver. 01.11.19
V. Resolution of Non-Compliance:
The Contractor will be notified in writing within 15 calendar days of discovery of a compliance issue. Within 30
calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s)
necessary to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and
time line for completion will be documented in writing and agreed to by both parties. If extenuating circumstances
arise that requires an extension to the time line, the Contractor must email a request to the Contract Monitor and
receive approval for a new due date. The State will oversee the completion/implementation of the action(s) to ensure
time lines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed
upon compliance resolution plan, the State may exercise its rights under the provisions of this contract.
DocuSign Envelope ID: 424FF6F6-200D-4D0B-A31A-211803301289
Page 106
Item 6.
EXHIBIT C
Page 1 of 2
Original Contract 2024*3148
BUDGET
To Original Purchase Order Routing Number 2024*3148
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
I. Budget Table
Budget Category Award Amount Matching/ In
Kind Amount
Total Amount
Personal Services
Project Management Services $9,002.00 $190.00 $9,192.00
Sub-Total $9,002.00 $190.00 $9,192.00
Equipment and Infrastructure
Stationary Compactor $61,398.00 $0.00 $61,398.00
Roll-Off Containers $44,843.00 $2,230.00 $47,073.00
Stair Platforms $76,510.00 $0.00 $76,510.00
Battery Storage Container $8,911.00 $0.00 $8,911.00
Sub-Total $191,662.00 $2,230.00 $193,892.00
Contingency $8,803.00 $0.00 $8,803.00
Sub-Total w/ Contingency $200,465.00 $2,230.00 $202,695.00
Contractual
Equipment Storage Shed $38,995.00 $0.00 $38,995.00
Site Connection $15,938.00 $4,062.00 $20,000.00
Electrical for Compactor $1,081.00 $10,759.00 $11,840.00
ADA Accessibility $27,972.00 $0.00 $27,972.00
Sub-total $83,986.00 $14,821.00 $98,807.00
Other Direct Costs
Telehandler Rental $900.00 $1,328.00 $2,228.00
Building Permit Fees $500.00 $9,824.00 $10,324.00
Sub-Total $1,400.00 $11,152.00 $12,552.00
Total Project Cost $294,853.00 $28,393.00 $323,246.00
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Item 6.
EXHIBIT C
Page 2 of 2
Original Contract 2024*3148
II. Budget Narrative
Personal Services:
1. Project Management Services – The cost for project management oversight to be conducted by City of
Fort Collin’s Operation Service’s employees.
Equipment and Infrastructure:
1. Stationary Compactor – The cost to purchase one (1) stationary compactor to include enclosed doghouse
with front opening, photo eye upgraded auto start, receiver box with hook lift, freight, installation, and steel
surcharge fee.
2. Roll-Off Containers – The cost to purchase two (2) 40-yard gable top roll-off containers, one (1) 30-yard
gable top roll-off container, and freight.
3. Stair Platforms – The cost to purchase four (4) stair platforms to access gable top roll-off containers, three
(3) stair platforms to access stationary compactors, and freight.
4. Battery Storage Container – The cost to purchase one (1) 20-foot battery storage container including
freight.
5. Contingency – To be used only in case of increased equipment costs. This amount cannot be reallocated to
other budget line items or categories.
Contractual:
1. Equipment Storage Shed – The cost to hire subcontractor(s) to design an equipment storage shed, build
the equipment storage shed, and install electrical connection to the equipment storage shed.
2. Site Connection – The cost to hire subcontractor(s) to install camera raceways, cabling for cameras, and
data enclosure for information technology.
3. Electrical for Compactor - The cost to hire subcontractor(s) to install electrical connection for the
stationary compactor.
4. ADA Accessibility – The cost to hire subcontractor(s) to install ADA accessibility infrastructure to access
the stationary compactors and roll-off containers.
Other Direct Costs
1. Telehandler Rental – The cost for the rental of a 10,000 pound Telehandler for the installation of the
stationary compactor.
2. Building Permit Fees – The cost for building permit fees for the equipment storage shed.
DocuSign Envelope ID: 424FF6F6-200D-4D0B-A31A-211803301289
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Item 6.
EXHIBIT D
Option Letter Contract Number: Page 1 of 2 Ver. 13.2.19
OPTION LETTER #: Click here to enter text.
State Agency :
Front Range Waste Diversion Enterprise (FRWD)
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
Original Contract #
Click here to enter text.
Contractor (Name and Address)
Click here to enter text.
Option Contract Number
Click here to enter text.
Contract Performance Beginning Date :
Click here to enter a date.
Current Contract Expiration Date :
Click here to enter a date.
CONTRACT MAXIMUM AMOUNT TABLE
Document
Type
Contract
Routing #
FRWD Funding
Amount
State Funding
Amount
Other Funding
Amount
Term (dates) Total
OL #1 $
Original $
Current Contract Maximum
Amount (YTD)
$
1) OPTIONS
A. Option to extend for an Extension Term
B. Option to change quantity of goods under the Contract
C. Option to change quantity of services under the Contract
D. Option to change Contract rates
E. Option to initiate next phase of Contract
2) REQUIRED PROVISIONS:
A. In accordance with Section(s) Click here to enter text. of the Original Contract referenced
above the State hereby exercises its option for an additional term, beginning Click here to enter a
date. and ending on the current contract expiration date shown above, at the rates stated in the
Original Contract, as amended.
B. In accordance with Section(s) Click here to enter text. of the Original Contract referenced
above, the State hereby exercises its option to Choose an item. the quantity of Choose an item. at
the rates stated in the Original Contract as amended for the following reason: Click here to
enter text..
C. In accordance with Section(s) Click here to enter text. of the Original Contract referenced
above the State hereby exercises its option to modify the Contract rates specified in Click here to
enter text. for the following reason: Click here to enter text.. The Contract rates attached to this
Option Letter replace the rates in the Original Contract as of the Option Effective Date of this
Option Letter.
D. In accordance with Section(s) Click here to enter text. of the Original Contract referenced
above, the State hereby exercise its option to initiate Phase Click here to enter text., which shall
begin on Click here to enter a date. and end on Click here to enter a date. at the cost/price
specified in Section Click here to enter text..
E. The Contract Maximum Amount table is deleted and replace with the Current Contract
Maximum Amount Maximum Amount table shown above.
3) OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or Click here
DocuSign Envelope ID: 424FF6F6-200D-4D0B-A31A-211803301289
Page 109
Item 6.
EXHIBIT D
Option Letter Contract Number: Page 2 of 2 Ver. 13.2.19
to enter a date. whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
Front Range Waste Diversion Enterprise
Click here to enter Board Chairperson name
Chairperson, FRWD Board of Directors
_________________________________________
By: Signature
___________________________________________
Click here to enter name of person signing
for FRWD
___________________________________________
Click here to enter the title of person signing
for FRWD
Date: _________________________
In accordance with §24-30-202 C.R.S., this Option is not
valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
______________________________________________
By: Signature
Option Effective Date: _________________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This
Contract is not valid until signed and dated below by the State Controller or delegate.
Contractor is not authorized to begin performance until such time. If Contractor begins
performing prior thereto, the State of Colorado is not obligated to pay Contractor for
such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ____________________________________
Date: ___________________
DocuSign Envelope ID: 424FF6F6-200D-4D0B-A31A-211803301289
Page 110
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Lance Smith, Senior Director of Finance for Utilities
Heather McDowell, Special Projects Manager
SUBJECT
First Reading of Ordinance No. 006, 2024, Authorizing Transfers and Appropriating Related Funds
for the Oak Street Stormwater Improvements Project.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation to fund the construction of the Oak Street
Stormwater Improvements Project. It will fund the construction contract with the general contractor;
contracts for resident engineering and construction management services, permitting and internal project
support and management; construction contingency (~4%) and funding for the Art in Public Places (APP)
program. The construction contingency included herein is less than the typical amount that would normally
be associated with this size of contract (10-15% is typical). If additional contingency funds are needed in
the future, those funds would be requested to be appropriated from the Stormwater Reserve Fund.
The total amount being requested for appropriation is $39,962,815:
● Construction Contract $36,645,015
● Construction Support (Resident Engineer, Construction Manager, Permitting and Internal Support)
$1,720,000
● Construction Contingency $1,550,000
● APP Program $47,800
The Stormwater Utility Enterprise Board adopted Ordinance No. 011, 2023 (First Reading on September
19, 2023, and Second Reading on October 3, 2023) authorizing bond issuance in the Stormwater Fund for
the construction of the Oak Street Stormwater Improvements project. Following the sale and closing of the
bonds, gross proceeds in the amount of $40.4M were deposited into the Stormwater Fund reserves on
October 31, 2023.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
Page 111
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
BACKGROUND / DISCUSSION
The Oak Street Stormwater Improvement Project is a priority stormwater project for the City because it will
contribute to resolving the urban flooding and stormwater quality issues in downtown Fort Collins. The Oak
Street project supports Strategic Objective SAFE 5.5 to address flooding risk for the protection of people,
property, and the environment.
The Oak Street project is one of several projects developed as part of the Downtown Stormwater
Improvement Program (DSIP). The DSIP was recently created (2017-2019) as a basin-wide evaluation of
existing stormwater systems and is the development of a comprehensive strategy to mitigate flood risk and
damages in the Old Town Basin. The project will provide stormwater infrastructure including a combination
of grey and green infrastructure to reduce flooding impacts along the Oak Street corridor and adjacent
blocks. Large diameter storm pipes ranging in size from 48” to 78” will extend from the previously
constructed Oak Street Outfall, starting at Mason Street and extending to Jackson Street near City Park.
There will be approximately 8,500 linear feet of new stormwater mains along Oak Street and cross streets
that extend north to Mountain Avenue and/or south to Olive Street. Green infrastructure includes water
quality ponds, or “rain gardens” in three locations along the Oak Street corridor to filter street runoff.
Addressing flooding issues in downtown Fort Collins will provide resilience for the future of the community,
improve public safety, avoid costly flood damages in the future and address recurring street and
intersection flooding.
The design for this project was completed in June of 2023 and solicitation for a general contractor for
construction began at that time. The general contractor is anticipate d to be under contract in early 2024,
which will allow for a preconstruction timeframe of approximately 6 months and construction start timeframe
in mid to late summer 2024. The total duration for construction of the project is anticipated to be 24 -30
months.
CITY FINANCIAL IMPACTS
The appropriation for the debt service on the bonds associated with this project was adopted through the
2023-2024 Biennial Budget. The bonds were then issued following the adoption of Ordinance No. 011,
2023. As such, there is no request for use of additional reserves in this request beyond the appropriation
of the realized bond proceeds.
Ahead of the 2023-2024 Biennial Budget the long-term strategic financial plan for the Stormwater
Enterprise Fund was presented to the Council Finance Committee. The financial impact of issuing this debt
was considered as part of that plan. This project, along with the overall stormwater capital improvement
plan, resulted in the need to increase rates for monthly stormwater services by 3.0% in 2023 and 2024.
Art in Public Places Breakdown: Stormwater has a total cap for APP contribution of $94,800 based off
0.5% of total budgeted revenue for 2024. Forty-seven thousand dollars ($47,000) was appropriated during
2023-2024 Budgeting for Outcomes (BFO) process. This project will allocate the remaining amount of
$47,800 and will put Stormwater at the cap for APP contributions for fiscal year 2024.
The contribution will be as follows: $37,284 will remain in the Stormwater fund for APP artwork and $10,516
will be transferred to the Cultural Services and Facilities fund for operations and maintenance respectively.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At the August 3, 2023, meeting, the Council Finance Committee supported proceeding to First Reading for
the Debt Ordinance with the full Council.
Page 112
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
At the Stormwater Utility Enterprise Board meeting on September 19, 2023, the Board unanimously
adopted Ordinance No. 011 on First Reading and Resolution No. 002, relating to Authorization and
Issuance of Revenue Bonds in the Stormwater Utility Fund and the Determination of Sale of those Bonds.
At the Stormwater Utility Enterprise Board meeting on October 3, 2023, the Board unanimously adopted
Ordinance No. 011 on Second Reading.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Project Location Map
Page 113
Item 7.
-1-
ORDINANCE NO. 006, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS AND APPROPRIATING
RELATED FUNDS FOR THE OAK STREET
STORMWATER IMPROVEMENTS PROJECT
A. On October 3, 2023, the Stormwater Utility Enterprise Board adopted
Ordinance No. 11, 2023 authorizing the issuance of bonds in the Stormwater Fund for the
construction of the Oak Street Stormwater Improvements Project (the “Project”).
B. The Project is a priority project among several the City has developed as
part of the Downtown Stormwater Improvement Program, which is a basin -wide
evaluation of existing stormwater systems and the development of a comprehensive
strategy to mitigate flood risk and damages in the Old Town Basin.
C. The City closed on the bonds on October 31, 2023, and the gross proceeds
of approximately $40.4 million have been deposited in the Stormwater Fund.
D. This requested appropriation of $39,962,815 will allow the City to pay the
costs of construction of the Project, including but not limited to the cons truction contract
price, construction support (resident engineering, construction management, permitting,
and internal support), a contingency amount, and costs for the City’s Art in Public Places
program.
E. This appropriation benefits the public health , safety and welfare of the
residents and Stormwater Utility ratepayers of Fort Collins and serves the public purpose
of the City paying the necessary expenses to construct the Project, which will mitigate
flood risk and damages in the Old Town Basin.
F. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated the
Stormwater Fund and will not cause the total amount appropriated in the Stormwater
Fund, as applicable, to exceed the current estimate of actual and anticipated revenues
and all other funds to be received in these funds during this fiscal year.
H. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires a portion of these appropriations to be
transferred to the Cultural Services and Facilities Fund for a contribution to the Art in
Public Places program (“APP Program”).
Page 114
Item 7.
-2-
I. Contributions to the APP Program by each City utility for art projects is kept
and spent in such utility’s own fund, and the utility contributes its share of the APP
Program’s costs for maintenance, administration, repair, and display to the Cultural
Services and Facilities Fund as provided in City Code Section 23-303(c).
J. In accordance with Article V, Section 10 of the City Charter, the
appropriation for the Oak Street Stormwater Improvement Project from the Stormwater
Fund and the transfer of a portion of those unexpended and unencumbered appropriated
funds to the APP Program as provided in City Code Section 23-304(c) will be used for
Stormwater Fund purposes and improvements in connection with the Project that provide
a betterment to the Utility.
K. A portion of the funds appropriated in this Ordinance for the Project are
ineligible for use in the APP Program due to restrictions placed on them by 0.5%
Contribution Cap based on the year’s revenue in the Stormwater Fund.
L. The amount to be contributed in this Ordinance to the APP Program will be
$47,800 with $10,516 to be transferred to the Cultural Services and Facilities Fund.
M. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the project.
N. The City Council wishes to designate the appropriation herein for the Oak
Street Stormwater Improvement Project as an appropriation that shall not lapse until the
completion of the project.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Stormwater Fund the sum of THIRTY-NINE MILLION NINE HUNDRED SIXTY-TWO
THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS ($39,962,815) to be expended in
the Stormwater Fund for the Oak Street Stormwater Improvements Project.
Section 2. The unexpended and unencumbered appropriated amount of NINE
THOUSAND FIVE HUNDRED SIXTY DOLLARS ($9,560) in the Stormwater Fund is
hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein for the operation costs of the APP Program.
Section 3. The unexpended and unencumbered appropriated amount of NINE
HUNDRED FIFTY-SIX DOLLARS ($956) in the Stormwater Fund is hereby authorized
for transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the maintenance costs of the APP Program.
Page 115
Item 7.
-3-
Section 4. The appropriation herein for the replacement of the Oak Street
Stormwater Improvements 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 completion of the project.
Introduced, considered favorably on first reading on January 16, 2024, and
approved on second reading for final passage on February 6, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: February 16, 2024
Approving Attorney: Ryan Malarky
Page 116
Item 7.
CANYON AVE
LAPORTE AVE
MULBERRY ST
BNSF RAILWAY
WASHINGTON AVE
CITY PARK
SHERWOOD ST
S MASON ST
S HOWES ST
S LOOMIS AVE
JACKSON AVE
S MELDRUM ST
W MOUNTAIN AVE
SCOTT AVE
S SHIELDS ST
W OLIVE ST
W MOUNTAIN AVE
Legend
Pipe Alignments
Arthur Ditch
Proposed Pr oject Areaµ0 1,000500
Page 117
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Marcus Coldiron, Chief Building Official
Mariel Miller, Water Conservation Manager
SUBJECT
First Reading of Ordinance No. 007, 2024, Amending Article II of Chapter 5 of the Code of the City
of Fort Collins to Exempt Plumbing Fixtures from Permits and Inspections.
EXECUTIVE SUMMARY
The purpose of this item is to request a Code amendment to exempt plumbing fixture replacements, such
as sinks, faucets, drains, showers, tubs, and toilets from the permit requirements under Chapter 5 of the
City Code, for the following reasons: Colorado State does not require permits for this type of work, very
few fixture replacements are currently done with a permit, there are no concerns with life or safety, and
requiring permits creates additional barriers and cost impacts to improving indoor water efficiency.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Chapter 5 of the City Code requires a permit for the replacement of new fixtures, including new, high
efficiency toilets and showerheads. The Colorado State Plumbers Practice Act, however, does not require
permits for this type of work. Plumbing contractors and the public frequently replace toilets and other
fixtures in the City without first receiving a permit; it is not commonly known that a permit is required and
historically, this requirement was not enforced by Building Services. Staff believe a permit exemption for
this type of activity is warranted; it would not impact life or safety, aligns with the State’s requirements, and
would minimize barriers to improved indoor water efficiency throughout the city.
Replacing toilets and showerheads with high efficiency models are the most cost-effective water efficiency
measures available to reduce residential indoor water use. The cost and effort required to upgrade fixtures
to high efficiency models is often a barrier for residents and businesses; one that Fort Collins Utilities Water
Conservation and Larimer County have worked to minimize. There are several programs provided by Fort
Collins Utilities and one that is in partnership with Larimer County, which provide incentives to replace
toilets and showerheads with high efficiency models, either in the form of free direct installations or rebates
to residential and commercial customers. The requirement for permits impacts these programs by adding
additional cost and complexity (i.e. a permit cost of $65 and having to receive an inspection of the installed
fixture. By removing the permit requirement for new plumbing fixture replacements, this Code amendment
would alleviate these additional barriers to improving indoor water efficiency.
Page 118
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Given that permits for these installations have not historically been enforced and are not a well-known
requirement, this code amendment aims to align the community’s expectation and historical lack of
enforcement by exempting the installation of these replacement fixtures from having to receive a permit.
There is little concern that eliminating a permit system for replacement of existing fixtures would result in
installation of higher water use fixtures for the following reasons:
A large majority of fixture replacements currently occur without a permit.
In 2016, Colorado became a Water Sense state, which means only high efficiency fixtures can be sold
by Colorado retailers and wholesalers, helping to ensure that products purchased and installed without
a permit are efficient.
The hundreds of fixtures installed by water conservation programs each year either meet or exceed the
City’s efficiency requirement and require review and approval of the efficiency rate to be eligible for
such programs.
This Code amendment furthers the Citywide initiative to minimize barriers to improving indoor water
efficiency and lowering water use as supported by the current Water Efficiency Plan, Our Climate Future,
and the City Strategic Plan, Objective 4.4 Environmental Health, which states, “provide a resilient, reliable,
and high-quality water supply.”
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
On December 14, 2023, the Building Review Commission recommended (6-0) that Council adopt staff’s
request to amend the City Code, by removing the requirement for a permit for plumbing fixture
replacements, such as toilets, faucets and other similar work.
PUBLIC OUTREACH
Various stakeholders such as Larimer County Conservation Corps, plumbers, and the Chamber of
Commerce have been engaged related to this code change.
ATTACHMENTS
1. Ordinance for Consideration
2. Building Review Commission Draft Meeting Minutes, December 14, 2023
Page 119
Item 8.
-1-
ORDINANCE NO. 007, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE II OF CHAPTER 5 OF THE CODE OF
THE CITY OF FORT COLLINS TO EXEMPT PLUMBING
FIXTURES FROM PERMITS AND INSPECTIONS
A, On April 5, 2022, City Council adopted Ordinance No. 021, 2022, and
Ordinance No. 023, 2022, adopting the 2021 International Building Code (the “IBC”) and
the 2021 International Residence Code (the “IRC”), respectively, with local amendments
thereto.
B. Section 105.2 of the IBC and Section R105.2 of the IR C, codified at
Sections 5-26 and 5-30 of the City Code, respectively, require permits for the replacement
of new plumbing fixtures, including new high efficiency toilets.
C. The Colorado State Plumbers Practice Act, Colorado Revised Statutes
Sections 12-155-101 et seq., does not require a permit for plumbing fixture replacements.
D. Requiring a permit to install high efficiency toilets and other plumbing
fixtures is cost-prohibitive, and plumbing contractors and the public frequently replace
toilets and other plumbing fixtures without obtaining permits.
E. Installing high efficiency toilets and fixtures provides significant value in
terms of cost-savings to the resident and furthering the City’s Our Climate Future goals.
F. City staff has recommended a proposed exemption to the IBC’s and IRC’s
permitting requirements for the replacement of plumbing fixtures, including toilets,
provided the repairs do not involve the replacement or rearrangement of valves or pipes.
G. The proposed permit exemption would not raise life or safety concerns and
would minimize barriers and cost impacts to improving indoor water efficiency throughout
the City.
H. City Council finds that the proposed code amendments set forth in this
Ordinance are in the best interests of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 5-27 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Page 120
Item 8.
-2-
Sec. 5-27. Amendments and Deletions to the 2021 International Building Code.
The 2021 International Building Code adopted in §5-26 is hereby amended to read as
follows:
. . .
4. Section 105.2 Work exempt from permit, regarding Building and
Plumbing subsections, is hereby amended to read as follows; however, the
subsections for Electrical, Gas, and Mechanical and Plumbing are retained in
their entirety:
105.2 Work exempt from permit. Exemptions from permit requirements of
this code shall not be deemed to grant authorization for any work to be done
in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
. . .
Plumbing
1. The stopping of leaks in drains, water, soil, waste or vent pipe;
provided, however, that if any concealed trap, drainpipe, water, soil, waste
or vent pipe becomes defective and it becomes necessary to remove and
replace the same with new material, such work shall be considered as new
work and a permit shall be obtained and inspection made as provided in this
code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves
or fixtures, and the repair and replacement of garbage disposal units and
dishwashers directly connected to the sanitary sewer system, including the
necessary replacement of all tail pipes and traps, or the repair,
maintenance, and replacement of sinks, faucets, drains, showers, tubs, and
toilets, provided such repairs do not involve or require the replacement or
rearrangement of valves or pipes.
. . .
Section 2. Section 5-30 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Page 121
Item 8.
-3-
Sec. 5-30. Amendments and Deletions to the 2021 International Residential
Code.
The 2021 International Residential Code adopted in Section 5-26 is hereby amended to
read as follows:
. . .
4. Section R105.2 Work exempt from permit, regarding Building and
Plumbing subsections, is amended to read as follows; however, the subsections
for Electrical, Gas, and Mechanical and Plumbing are retained in their entirety:
R105.2 Work exempt from permit. Exemption from permit requirements
of this code shall not be deemed to grant authori zation for any work to be
done in any manner in violation of the provisions of this code or any other
laws or ordinances of this jurisdiction. Permits shall not be required for the
following:
R105.2 Building:
. . .
Plumbing
1. The stopping of leaks in drains, water, soil, waste or vent pipe;
provided, however, that if any concealed trap, drainpipe, water, soil, waste
or vent pipe becomes defective and it becomes necessary to remove and
replace the same with new material, such work shall be considered as new
work and a permit shall be obtained and inspection made as provided in this
code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves
or fixtures, and the repair and replacement of garbage disposal units and
dishwashers directly connected to the sanitary sewer system, including the
necessary replacement of all tail pipes and traps, or the repair,
maintenance, and replacement of sinks, faucets, drains, showers, tubs, and
toilets, provided such repairs do not involve or require the replacement or
rearrangement of valves or pipes.
. . .
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Item 8.
-4-
Introduced, considered favorably on first reading on January 16, 2024, and
approved on second reading for final passage on February 6, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: February 16, 2024
Approving Attorney: Madelene Shehan
Page 123
Item 8.
City of Fort Collins Page 1 December 14, 2023
Alan Cram, Chair Council Chambers Gabe Dunbar 300 Laporte Avenue Shaun Moscrip Fort Collins, CO Eric Richards, Vice Chair Casey Roberts Staff Liaison: Mark Teplitsky Marcus Coldiron Ronnie Zimmerman Chief Building Official
Meeting Minutes
December 14, 2023
A regular meeting of the Building Review Commission was held on Thursday, December 14, 2023, at 9:00 a.m. It was remote only via Zoom.
•CALL TO ORDER
Chair Cram called the meeting to order at 9:00 a.m.
•ROLL CALL
PRESENT: Cram, Dunbar, Moscrip, Richards, Teplitsky, ZimmermanABSENT: RobertsSTAFF: Coldiron, Yatabe, Shehan, Matsunaka
•PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
•DISCUSSION AGENDA
1.CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OCTOBER 26, 2023 MEETING.
Commissioner Richards moved to approve the minutes of the October 26, 2023, meeting.
Commissioner Teplitsky seconded. The motion passed 6-0.
[Timestamp: 9:03 a.m.]
Building Review
Commission
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Item 8.
City of Fort Collins Page 2 December 14, 2023
2. PROPOSED MIDCYCLE CODE CHANGE: PLUMBING FIXTURE PERMIT EXEMPTION
DESCRIPTION: Staff are requesting a code amendment to exempt toilets and other plumbing fixture replacements from the permit process due to the following: Colorado State Plumbers Practice Act doesn’t require permits for this type of work, very few fixture replacements currently apply for a permit, there are no concerns with life/safety, and requiring permits create additional barriers and cost impacts to improving indoor water efficiency.
STAFF: Marcus Coldiron, Chief Building Official
Staff Presentation Marcus Coldiron, Chief Building Official, provided background on Chapter 5 of the Municipal Code. He discussed that Chapter 5 requires a permit for the replacement of new fixtures, including new, high efficiency toilets. Plumbing contractors and the public frequently replace toilets and other fixtures without first receiving a permit; it is not commonly known that a permit is required. He noted that Staff believes a permit exemption for this type of activity is warranted; it would not create life/safety issues and aligns with the state’s requirements. It would also minimize barriers to improved indoor water efficiency throughout the city. Mr. Coldiron noted that one example of how the requirement for permits impacts water efficiency is the County’s Water and Energy program offered through a partnership with Fort Collins Utilities. The program provides energy efficiency and water conservation assessments and direct installation of various fixtures and products through the Larimer County Conservation Corp (LCCC). He explained that this no-cost program includes replacing toilets with high efficiency models (0.8 gallons per flush). While this program is available to all community members within Fort Collins, the priority is low-income households to best meet the needs of some of our most vulnerable residents. He further discussed that every year, LCCC sets goals for home assessments to be completed each season. For the 2023-2024 season, the goal is to have 150 high efficiency toilets installed within the Fort Collins Utilities water service area. These toilets are purchased in bulk by LCCC and are installed by Corp members who have been trained in proper installation techniques. After becoming aware of the requirement to have a permit and inspection for toilet replacements, it was deemed to be cost prohibitive to proceed with toilet replacements with this program, costing up to $9,750 ($65 per permit) per season for permits. The permit cost would not be passed on to individual households, so City staff would need to determine budget adjustments. Mr. Coldiron explained that there is significant value in installing high efficiency toilets and fixtures and educating households on water conservation, not only for cost-savings to the resident, but to continue to meet the City’s Our Climate Future goals. The proposed code change will also align with the State of Colorado’s Plumber’s Practice Act.
Mr. Coldiron presented the 2021 IRC and IBC with proposed changes read as follows: “105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: ~ Plumbing 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the
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Page 125
Item 8.
City of Fort Collins Page 3 December 14, 2023
same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets and the repair and replacement of garbage disposal units and dishwashers directly connected to the sanitary sewer system, including the necessary replacement of all tail pipes and traps, or the repair, maintenance, and replacement of sinks, faucets, drains, showers, tubs, and toilets, provided such repairs do not involve or require the replacement or rearrangement of valves or pipes or fixtures.”
[Timestamp: 9:07 a.m.]
Commission Questions and Discussion
Commissioner Teplitsky and Mr. Coldiron discussed the City’s low water usage fixture requirements and the possibility that individuals could purchase and install a fixture that does not meet requirements. Mr. Coldiron noted that regardless of whether a permit is required or not, Code states that an individual is required to meet any laws or ordinances of the jurisdiction. The new fixtures would not be inspected or verified by the Building Department. However, there is a process in place through the Utilities’ rebate program that verifies and ensures the correct fixtures are installed.
Commissioner Richards asked for clarification on the total amount of toilet fixtures that are replaced versus permitted to be replaced. Mr. Coldiron noted that only a tiny number of the toilet fixtures that get replaced are pulling permits for the installation or replacement. He estimated that less than one percent (<1%) of toilets replaced are being permitted. He noted that the proposed code change will be recognizing a trend in the community.
Commissioner Richards and Mr. Coldiron discussed that the proposed code change will be effective for both commercial and residential buildings.
Chair Cram asked for the Commission to make a motion.
Commissioner Teplitsky moved that the Building Review Commission recommend that City
Council adopt the Chief Building Official’s request to amend the Code, removing the
requirement for a permit for plumbing fixture replacements, such as toilets, faucets, and other
similar work. Commissioner Dunbar seconded. The motion passed 6-0.
[Timestamp: 9:13 a.m.]
• OTHER BUSINESS
Brad Yatabe, Sr. Assistant City Attorney, introduced Madelene Shehan, Assistant City Attorney, who will be advising the Building Review Commission. Commissioner Richards and Mr. Yatabe discussed the CAO’s practice of drafting motions and legal memos prior to the meeting. Chair Cram noted that application process for reapplying for the BRC. Commissioner Teplitsky’s term expires in March 2024 and indicated he will be reapplying for another term.
• ADJOURNMENT
Chair Cram adjourned the meeting at 9:16 am.
Minutes prepared by and respectfully submitted by Melissa Matsunaka.
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Page 126
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Aaron Ehle, Airport Planning & Development Specialist
SUBJECT
First Reading of Ordinance No. 008, 2024, Authorizing the Conveyance of a Permanent Non-
Exclusive Utility Easement on Property Jointly Owned by the City of Fort Collins and the City of
Loveland at the Northern Colorado Regional Airport for the New Airport Terminal Facility.
EXECUTIVE SUMMARY
The purpose of this item is to authorize a permanent non-exclusive utility easement over a portion of the
Northern Colorado Regional Airport property owned jointly by the City of Fort Collins and the City of
Loveland to allow for the installation and maintenance of electrical infrastructure for the new Airport terminal
facility.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Northern Colorado Regional Airport is a public facility jointly owned and operated by the Cities of Fort
Collins and Loveland. In 2015, the Cities entered into an intergovernmental agreement (“IGA”) that formed
the Northern Colorado Regional Airport Commission, which delegated certain powers and authority to
operate and maintain the Airport. However, only the Cities Councils have the authority to grant easements
as permanent property rights at the Airport.
In connection with the new terminal, the City of Loveland has requested a permanent non-exclusive
easement for the installation and maintenance of electrical infrastructure (the “Easement”) to serve the
facility. The total area of the easement is 4,483 square feet.
Under City Code Section 23-111, the Council may sell, convey, exchange, or otherwise dispose of any and
all interests in City-owned real property if the Council finds, by ordinance, that such sale or disposition is in
the best interests of the City. City Code Section 23-114 requires that any sale, lease or other conveyance
of property must be for an amount equal to or greater than the fair market value of such interest unless the
Council or City Manager, as applicable, determines that such sale or lease serves a bona fide public
purpose because:**
Page 127
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
(1) The use to which the property will be put promotes health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins;
The Airport is a public use facility jointly owned by Fort Collins and Loveland. The Easement will allow
for public investment and development that will bring improvements to the Airport and the users it
serves.
(2) The use to which the property will be put supports one (1) or more of the City Council’s goals, adopted
policies, projects or plans;
The Easement will allow for public development of the site in alignment with the Airport Master Plan,
which was approved by City Council.
(3) The financial support provided by the City through the below-market disposition of the property will be
leveraged with other funding or assistance;
The City is benefiting from the grant of the Easement by allowing its partner, the City of Loveland, to
install and maintain utilities necessary for the terminal project. In addition to federal grant funding and
Airport revenue being used for the terminal, both Cities individually contributed $1,000,000 towards the
project.
(4) The sale or lease will not result in any direct financial benefit to any private person or entity, except to
the extent such benefit is only an incidental consequence and is not substantial relative to the public
purpose being served; and
The Easement will simply allow the City of Loveland to provide electrical service to the new public
terminal, which will add value to the Airport.
(5) Selling or leasing the property for less than fair market rent will not interfere with current City project s
or work programs, hinder workload schedules or divert resources needed for primary City functions or
responsibilities.
Granting the Easement will not interfere with City projects or work programs, workload schedules, or
resources needed for primary City functions or responsibilities.
As the Easement meets the above criteria, Airport staff and the Airport Commission recommend approval
of the Easement as it allows for the electrical infrastructure required to serve the new public facility to be
installed and maintained. The new terminal is in alignment with the Airport Master Plan, which has been
approved by Council.
CITY FINANCIAL IMPACTS
The Easement does not have material financial impacts on the Airport or City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Northern Colorado Regional Airport Commission and the City Councils of Fort Collins and Loveland
have approved the 2020 Airport Master Plan, which prominently features plans for the new terminal facility.
The Fort Collins and Loveland City Councils have each appropriated $1.0 million in support of the new
terminal.
The Airport Commission unanimously voted at its November 16, 2023, meeting to recommend the City
Council approve the utility easement.
Page 128
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
The development of the 2020 Airport Master Plan, which took more than two years to complete, included
numerous public meetings and significant outreach by the Airport, far exceeding what is recommended by
the Federal Aviation Administration (FAA).
ATTACHMENTS
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 129
Item 9.
-1-
ORDINANCE NO. 008, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT
NON-EXCLUSIVE UTILITY EASEMENT JOINTLY OWNED
BY THE CITY OF FORT COLLINS AND THE CITY OF
LOVELAND AT THE NORTHERN COLORADO REGIONAL
AIRPORT FOR THE NEW AIRPORT TERMINAL FACILITY
A. The City of Fort Collins (“City”) and the City of Loveland (“Loveland”)
(collectively, the “Cities”) jointly own property located in Loveland (the “Property”) known
as the Northern Colorado Regional Airport (the “Airport”).
B. The Cities currently operate and maintain the Airport pursuant to that certain
Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort
Collins-Loveland Airport dated January 22, 2015, as amended (the “IGA”).
C. In connection with the ongoing construction of the new airport terminal
facility project, Loveland Utilities has requested a permanent non-exclusive easement for
installation of Loveland-owned utility systems to serve the terminal (the “Easement”) over
and across that portion of the Airport property legally described and depicted on Exhibit
A attached hereto and incorporated herein by this reference (the “Easement Property”).
D. The Cities desire to grant the Easement on the terms and conditions more
fully set forth in the Grant of Utility Easement attached hereto as Exhibit A and
incorporated herein by this reference (the “Easement Agreement”).
E. City Code Section 23-111(a) authorizes the City Council to sell, convey or
otherwise dispose of any interest in real property owned by the City, provided the City
Council first finds, by ordinance, that such sale or other disposition is in the best interest
of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds that the City's conveyance of the
Easement on the terms and conditions set forth in the Easement Agreement for less than
fair market value serves a bona fide public purpose and is in the best interests of the City
as required by City Code Section 23-114 because:
a. The use to which the Easement Property will be put promotes health, safety
or general welfare and benefits a signif icant segment of the citizens of Fort Collins by
facilitating public investment in and improvement of the Airport and the users it serves,
and will allow utility service for the new public terminal facility currently being constructed ;
Page 130
Item 9.
-2-
b. The use to which the Easement Property will be put supports one (1) or
more of the City Council’s goals, adopted policies, projects or plans, including the Airport
Master Plan, which was approved by Council;
c. The financial support provided by the City through the below-market
disposition of the Easement Property will be leveraged with other funding or assistance
enabling the construction and operation of the new terminal facility, which the City has
partnered with the City of Loveland to complete;
d. The sale or lease will not result in any direct financial benefit to any private
person or entity, except to the extent such benefit is only an incidental consequence and
is not substantial relative to the public purpose being served because it will enable
development of the new public terminal facility for the benefit of the Cities and the greater
public; and
e. Granting the Easement for less than fair market value will not interfere with
current City projects or work programs, hinder workload schedules, or divert resource s
needed for primary City functions or responsibilities and will ultimately benefit the Airport
and the Cities.
Section 2. The City Council hereby authorizes the Mayor to execute the
Easement Agreement substantially in the form attached hereto as Exhibit “A” with such
modifications or additional terms and conditions as the City Manager, in consultation with
the City Attorney, determines are necessary or appropriate to protect the interests of the
City or effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading on January 16, 2024, and
approved on second reading for final passage on February 6, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: February 16, 2024
Approving Attorney: Ryan Malarky
Page 131
Item 9.
Rev. 4-2023
GRANT OF UTILITY EASEMENT
THIS GRANT OF UTILITY EASEMENT is made and entered into by and between
the CITY OF LOVELAND, COLORADO, a municipal corporation, with an address of 500 E. Third
Street, Loveland, CO 80537, and the CITY OF FORT COLLINS, COLORADO, a municipal
corporation (“Grantor”), with an address of 300 Laporte Ave, Fort Collins, CO 80521, and the CITY
OF LOVELAND, COLORADO, a Colorado home rule municipal corporation (“City”), with an
address of 500 E. Third Street, Loveland, Colorado 80537. This Grant of Utility Easement is
effective as of the date of the City’s Official Acceptance in the City’s signature block below.
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION, the adequacy and receipt of which
is hereby acknowledged, Grantor has this day bargained, sold, conveyed, transferred, and delivered
unto the City, its successors, and assigns, in perpetuity, a non-exclusive easement in, over, under,
through, and across the real property described below for purposes of constructing, repairing,
replacing, relocating, inspecting, operating, maintaining, and accessing City-owned utility systems
across, through, upon, and under the real property described on the attached Exhibits A and B (the
“Easement Area”); provided, however, that the City shall restore the ground surface to its prior
condition after any disturbance of such surface. The term “City-owned utility systems,” means
above and below ground wires, lines, cables, ducts, conduits, pipes, pumps, pedestals, risers, poles,
vaults, manholes, fire hydrants, pull boxes, and any other equipment, appurtenances, and structures
associated with electric, water, wastewater, communications, and stormwater systems that are
owned and operated by the City.
Grantor is prohibited from constructing or placing on any part of the Easement Area without
prior written approval from the City any fence or gate, building, above or below ground utility
systems or appurtenances not owned or maintained by the City, or any other permanent or
substantial structure. Grantor is prohibited from making or permitting any use of the Easement
Area that would impair, impede, or interfere with the City’s access to or along the easement, or
the City’s full free use and exercise of the easement. The City shall be permitted to immediately
remove without liability for damages any obstruction prohibited by this easement that interferes
with the City’s access to the City-owned utility systems or impairs the City’s full free use and
exercise of the easement.
The Grantor or their successors and assigns owns the trees and other vegetation on the
Easement Area, and the Grantor acknowledges, for itself and for all successors and assigns, that
this easement provides the City with the authority to cut and remove trees and other vegetation
that encroaches upon the Easement Area if, in the sole discretion of the City, such trees or
vegetation interfere with the City’s use and enjoyment of this easement.
The Easement Area hereby granted, situated in Larimer County, Colorado, is described as
follows:
Exhibit A – Easement Description
Exhibit B – Easement Drawing
EXHIBIT A TO ORDINANCE NO. 008, 2024
Page 132
Item 9.
Rev. 4-2023
TO HAVE AND TO HOLD said easement unto the City, its successors, and assigns
forever. This perpetual easement and the rights, benefits, and obligations created hereby constitute
a burden upon the estate of Grantor in the underlying lands and shall run with the land and be
binding upon Grantor and its successors, personal representatives, assigns, and heirs. Grantor does
hereby covenant with the City that it is lawfully seized and possessed of the real property above
described, that it has a good and lawful right to convey the easement herein granted, that the
easement is free and clear of all liens and encumbrances, and that it will forever warrant and defend
the title thereto against lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has executed this Grant of Utility Easement on the date
below.
GRANTOR:
By:
Date:
Print Name:
State of
County of
)
) ss
)
Title:
Acknowledged before me this day of , 20 , by
(Name) as (Title) .
Witness my hand and seal. My commission expires: .
(S E A L)
Notary Public
OFFICIAL ACCEPTANCE BY THE CITY OF LOVELAND
APPROVED AS TO FORM:
Stephen C. Adams, City Manager Assistant City Attorney
ATTEST:
(S E A L)
City Clerk Date
EXHIBIT A TO ORDINANCE NO. 008, 2024
Page 133
Item 9.
NORTHERNENGINEERING.COM | 970.221.4158 LEGAL DESCRIPTION
FORT COLLINS | GREELEY 1 | 2
LEGAL DESCRIPTION AND EXHIBIT
DESCRIPTION
A tract of land being a portion of Tract “B” of Barnstorm Second Addition, recorded August 12, 1986, as
Reception No. 19860044345 of the Records of Larimer County and situate within Sections Twenty-eight (28) and
Thirty-three (33), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th
P.M.), City of Loveland, County of Larimer, State of Colorado, being more particularly described as follows;
Considering the easterly line of the Southeast Quarter of the said Section 28 as bearing North 00° 07' 30" East, an
assumed bearing, and with all bearings contained herein relative thereto:
COMMENCING at the Southeast Corner of the said Section 28, THENCE along said easterly line, North 00° 07' 30"
East for a distance of 40.00 feet to the northerly right-of-way line of Earhart Road; THENCE continuing along said
northerly right-of-way line, South 86° 23' 26" West for a distance of 501.01 feet; THENCE North 89° 01' 49" West
for a distance of 864.74 feet to the beginning of a non-tangential curve; said curve being concave to the south,
with a Delta of 118° 34' 06", having a radius of 50.00 feet, a length of 103.47 feet and a long chord bearing South
84° 48' 58" West for a distance of 85.97 feet to the POINT OF BEGINNING;
THENCE continuing along said curve, being concave to the southeast, with a Delta of 11° 42' 44", having a radius
of 50.00 feet, a length of 10.22 feet and a long chord bearing South 19° 40' 33" West for a distance of 10.20 feet;
THENCE departing said right-of way North 58° 52' 32" West for a distance of 45.90 feet;
THENCE North 54° 29' 20" West for a distance of 41.93 feet;
THENCE North 72° 52' 32" West for a distance of 36.35 feet;
THENCE North 82° 18' 50" West for a distance of 36.39 feet;
THENCE North 78° 52' 32" West for a distance of 29.97 feet;
THENCE North 71° 34' 33" West for a distance of 66.11 feet;
THENCE South 31° 34' 41" West for a distance of 12.79 feet;
THENCE South 70° 07' 28" West for a distance of 46.59 feet;
THENCE South 19° 52' 32" East for a distance of 2.50 feet;
THENCE South 70° 07' 28" West for a distance of 15.00 feet;
THENCE North 19° 52' 32" West for a distance of 15.00 feet;
THENCE North 70° 07' 28" East for a distance of 15.00 feet;
THENCE South 19° 52' 32" East for a distance of 2.50 feet;
THENCE North 70° 07' 28" East for a distance of 43.10 feet;
THENCE North 31° 34' 41" East for a distance of 7.92 feet;
THENCE North 19° 52' 32" West for a distance of 10.59 feet;
THENCE North 70° 07' 28" East for a distance of 2.59 feet;
THENCE North 19° 52' 32" West for a distance of 69.71 feet;
THENCE South 70° 07' 28" West for a distance of 2.50 feet;
THENCE North 19° 52' 32" West for a distance of 16.00 feet;
THENCE North 70° 07' 28" East for a distance of 15.00 feet;
THENCE South 19° 52' 32" East for a distance of 16.00 feet;
THENCE South 70° 07' 28" West for a distance of 2.50 feet;
THENCE South 19° 52' 32" East for a distance of 69.71 feet;
THENCE North 70° 07' 28" East for a distance of 2.41 feet;
THENCE South 19° 52' 32" East for a distance of 10.89 feet;
THENCE South 71° 34' 33" East for a distance of 63.56 feet;
THENCE South 78° 52' 32" East for a distance of 29.03 feet;
THENCE South 82° 18' 50" East for a distance of 36.92 feet;
THENCE South 72° 52' 32" East for a distance of 38.79 feet;
THENCE South 54° 29' 20" East for a distance of 43.16 feet;
THENCE South 58° 52' 32" East for a distance of 43.49 feet to the POINT OF BEGINNING.
The above-described tract of land contains 4,483 square feet or 0.10 acres, more or less (±), is meant to surround
the as-constructed location of the utility, and may be subject to easements and rights-of-way now on record or
existing.
Exhibit attached hereto and made a part hereof.
NORTHERN ENGINEERING
301 North Howes Street, Suite 100
Fort Collins, Colorado 80521
(970) 221-4158
January 3, 2024
TJK
S:\Survey Jobs\297-012\Dwg\Descriptions\297-012 Easement Description.docx
EXHIBIT AEXHIBIT A TO ORDINANCE NO. 008, 2024
Page 134
Item 9.
E
E
E
E
E
E
E
E
E
E
E
E
POINT OF BEGINNING
E
E
E
E
TRACT "B"
BARNSTORM 2ND ADDITION
OWNER NAME:
CITY OF FORT COLLINS
CITY OF LOVELAND
TRACT "B"
BARNSTORM 2ND ADDITION
OWNER NAME:
CITY OF FORT COLLINS
CITY OF LOVELAND
C1
L1
L
2
L3
L4
L5
L6
L7
L8
L9L10
L
1
1
L12
L13
L14
L1
5
L16
L17
L
1
8
L19
L
2
0
L21
L
2
2
L23
L
2
4
L25
L
2
6
L27
L28
L29
L30
L
3
1
L3
2
C2
4,483 SQ. FT. +/-
0.10 ACRES +/-
10.0'
10.0'
10.0'
LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
BEARING
N58° 52' 32"W
N54° 29' 20"W
N72° 52' 32"W
N82° 18' 50"W
N78° 52' 32"W
N71° 34' 33"W
S31° 34' 41"W
S70° 07' 28"W
S19° 52' 32"E
S70° 07' 28"W
N19° 52' 32"W
LENGTH
45.90'
41.93'
36.35'
36.39'
29.97'
66.11'
12.79'
46.59'
2.50'
15.00'
15.00'
LINE TABLE
LINE
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
BEARING
N70° 07' 28"E
S19° 52' 32"E
N70° 07' 28"E
N31° 34' 41"E
N19° 52' 32"W
N70° 07' 28"E
N19° 52' 32"W
S70° 07' 28"W
N19° 52' 32"W
N70° 07' 28"E
S19° 52' 32"E
LENGTH
15.00'
2.50'
43.10'
7.92'
10.59'
2.59'
69.71'
2.50'
16.00'
15.00'
16.00'
LINE TABLE
LINE
L23
L24
L25
L26
L27
L28
L29
L30
L31
L32
BEARING
S70° 07' 28"W
S19° 52' 32"E
N70° 07' 28"E
S19° 52' 32"E
S71° 34' 33"E
S78° 52' 32"E
S82° 18' 50"E
S72° 52' 32"E
S54° 29' 20"E
S58° 52' 32"E
LENGTH
2.50'
69.71'
2.41'
10.89'
63.56'
29.03'
36.92'
38.79'
43.16'
43.49'
CURVE TABLE
CURVE
C1
C2
DELTA
118°34'06"
11°42'44"
RADIUS
50.00'
50.00'
LENGTH
103.47'
10.22'
BEARING
S84°48'58"W
S19°40'33"W
CHORD
85.97'
10.20'
N0
0
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7
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3
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26
4
7
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7
1
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POINT OF COMMENCEMENT
S.E. COR. OF SEC. 28 T6N R68W
LOT 1, BARNSTORM 1ST
OWNER NAME:
CITY OF FORT COLLINS
CITY OF LOVELAND
N00°07'30"E
40.00'
S86°23'26"W
501.01'
NORTH RIGHT OF WAY
OF EARHART RD.
EA
S
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N89°01'49"W
864.74'
E. 1/4 COR. OF SEC. 28 T6N R68W
NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A
MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A
GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION
OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT
ACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTION
SUPERCEDES THE EXHIBIT DRAWING.
PAGE 2 OF 2
S:\SURVEY JOBS\297-012\DWG\EXHIBITS\297-012 EASEMENT EXHIBIT.DWG
EXHIBIT B
A TRACT OF LAND BEING A PORTION OF TRACT "B" OF BARNSTORM SECOND ADDITION, BEING SITUATE WITHIN SECTIONS 28
& 33, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th P.M., CITY OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO
SYMBOL LEGEND
LINE LEGEND
E PROPOSED ELECTRIC CONDUIT
EASEMENT LINE
RIGHT OF WAY
SECTION CORNER
EARHART RD.
(PUBLIC RIGHT OF WAY WIDTH VARIES)
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E ELECTRIC EQUIPMENT
SECTION LINE
EXHIBIT A TO ORDINANCE NO. 008, 2024
Page 135
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Andrew Leslie, Sergeant, Police Services
Kerri Ishmael, Senior Analyst, Grants Administration
SUBJECT
Resolution 2024-001 Supporting a Grant Application for Co-responder/Community Based
Alternative Response Support Funding for Fort Collins Police Services.
EXECUTIVE SUMMARY
The purpose of this item is to obtain support and approval for the City to apply in partnership with UC
Health for grant funds in support of Fort Collins’ Police Services Mental Health Response Team.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Police Services operates the Mental Health Response Team (MHRT) with the mission to provide
professional, compassionate, and comprehensive services through the collaboration of police and mental
health professionals. MHRT conducts on-scene assessments and follow-up aligned with the agency’s de-
escalation philosophy. UC Health supports MHRT by partnering with Police Services in this mission and
goals to:
Increase on-scene safety for all parties involved;
Route citizens to the most appropriate level of care;
Avoid unnecessary referrals to hospital emergency rooms;
Reduce incarceration related to crimes secondary to mental illness;
Provide follow-up care coordination to ensure community members can access appropriate care; and
Create a culture of police and mental health professionals’ collaboration focusing on community needs
and collaboration.
MHRT has been serving the community in collaboration with the support and partnership of UC Health
since 2018.
Page 136
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
UC Health licensed clinicians work alongside sworn Police Services officers assigned to MHRT. This
partnership benefits the Fort Collins community by partnering law enforcement and behavioral health
professionals to further the mission to provide compassionate, collaborative, and professional assessment
and follow-up for community members suffering from behavioral health issues. Currently, UC Health
provides the City with four professional full-time staff members for MHRT at no cost.
Considering the beneficial impact MHRT provides to the Fort Collins community, the City, in its capacity as
an eligible applicant, is pursuing funding opportunities, that will support both Police Services and UC Health
in furthering the goals of MHRT.
Through the Colorado Department of Local Affairs (DOLA) FY2023-2024 Peace Officers Behavioral
Health Support and Community Partnerships Grant Program funding is available for Co-
Responder/Community Based Alternative Response Support, which directly aligns with operations of
MHRT. The DOLA grant program supports funding for “Co-responder community response,” defined under
Colorado Revised Statute § 24-32-3501 as a model of criminal justice diversion that pairs law enforcement
and behavioral health providers to intervene and respond to behavioral health-related calls for police
service, utilizing the combined expertise of the law enforcement officer and behavioral health specialist to
de-escalate situations and help link individuals with behavioral health issues to appropriate services. Police
Services, in partnership with UC Health, intends to apply for grant funds under this DOLA grant program
to cover personnel and equipment costs of UC Health professionals supporting MHRT, training, and
community outreach.
CITY FINANCIAL IMPACTS
Support of Police Services, in partnership with UC Health, applying to this DOLA grant program does not
impact City finances. If the grant is awarded, the City will serve as the fiscal agent for the grant funds and
will seek appropriation of such grant funds from City Council.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
Page 137
Item 10.
-1-
RESOLUTION 2024-001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING A GRANT APPLICATION FOR CO-RESPONDER/
COMMUNITY BASED ALTERNATIVE RESPONSE SUPPORT
FUNDING FOR FORT COLLINS POLICE SERVICES
A. Fort Collins Police Services (“FCPS”), in partnership with UC Health, is
applying for a grant from the State of Colorado Department of Local Affairs (“DOLA”)
Peace Officers Behavioral Health Support and Community Partnerships Grant Program
(the “Program”) to provide additional funding to support the Fort Collins Police Services
Mental Health Response Team (“MHRT”).
B. The MHRT was formed to provide community members with increased on-
scene safety, to route them to the most appropriate level of care, avoid unnecessary
referrals to hospital emergency rooms, reduce incarceration related to crimes that are
secondary to mental illness, provide follow up care coordination, and create a culture of
collaboration between police and UC Health mental health professionals that focuses on
community needs.
C. The state law that created the Program encourages law enforcement
agencies to apply for grants in collaboration with behavioral health providers. The City
is an eligible applicant and is therefore pursuing funding opportunities that will support
both Police Services and UC Health in furthering the goals of the MHRT.
D. As part of the Program grant application process, DOLA requires that the
governing body of any entity applying for grant funds takes official action to approve and
authorize the application.
E. The grant will provide funds to cover personnel and equipment costs of UC
Health professionals who support MHRT , training, and community outreach to provide
professional assessment and follow-up for community members suffering from
behavioral health issues.
F. The grant money would allow FCPS to continue to provide professional,
compassionate, and comprehensive services to community members through the
collaboration of police and mental health professionals.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby supports, approves of, and authorizes
submission of, the City’s application for a grant from DOLA to fund MHRT.
Page 138
Item 10.
-2-
Passed and adopted on January 16, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: January 16, 2024
Approving Attorney: Dawn Downs
Page 139
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Alice Conovitz, Water Conservation Specialist, Utilities
Shannon Ash, Affordability Program Manager, Utilities
Brian Tholl, Energy Services Manager, Utilities
SUBJECT
Resolution 2024-002 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County to Continue Support for the Larimer County Conservation Corps Energy and Water
Program.
EXECUTIVE SUMMARY
The purpose of this item is to seek approval of an intergovernmental agreement (IGA) between the City
and Larimer County for funding of the Larimer County Conservation Corp (LCCC) Water and Energy
Program (“Program”). The agreement would allow for four annual renewals for a total potential term of five
years, subject to annual appropriations.
The City of Fort Collins Utilities (FCU) has partnered with Larimer County to fund the LCCC since 2010
with tremendous success. LCCC crews have supported local resource conservation by providing home
efficiency assessments to customers of FCU and Loveland Water and Power. These free home efficiency
assessments include an on-site assessment, customer education, and direct installation of energy and
water saving equipment such as LED lightbulbs, showerheads, and high-efficiency toilets. From 2010 to
2023, LCCC crews assessed over 4,000 homes served by FCU and provided resources and services that
enabled these customers to save on their utility bills.
Due to its success, the Program is now part of the City’s Utilities Affordability Portfolio which provides a
mechanism for low to moderate income customers to control their energy use and costs.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The mission of the Program is to positively impact the local community and the environment by promoting
energy and water conservation education and practices. The Program has implemented a workforce
development model of training young adults in the efficiency industry while increasing accessibility to
conservation measures and education for the community’s low-income population.
This Program is an important component within a portfolio of programs and services that support progress
towards City goals set forth in the Energy Policy, Our Climate Future and Water Efficiency Plan.
Page 140
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The City, through FCU, has partnered with the LCCC since 2010. Home efficiency assessments performed
by LCCC include an on-site assessment, energy and water saving retrofits and customer education. By
the end of the 2023 spring season, LCCC crews assessed over 4,016 homes in Fort Collins. Each year,
participation in the LCCC program is estimated to save an average of over 270 customers a combined
$20,000 on electric bills and $10,000 on water bills, for an average annual utility bill savings of
approximately $110 for each household participating in the program. Annual energy savings average
180,000 kWh and annual water savings average over 2,000,000 gallons; this is equivalent to the average
annual electric use and water use for approximately 25 homes.
In 2023, LCCC installed 3,739 LED lightbulbs,108 furnace air filters, 127 high-efficiency toilets, 172 water-
saving showerheads, and additional equipment such as faucet aerators and carbon monoxide detectors.
In 2024 the Program has a target to serve between 250 and 300 Fort Collins households, specifically
through working with customers enrolled in the Utilities Income Qualified Assistance program. This
engagement will build on 2023 successes to further assist in reducing regional greenhouse gas (GHG)
emissions and water consumption through electric and water resource savings.
The Program is a proven model serving the interests of the City, the County, and citizens to provide
services efficiently and cost-effectively, and to minimize overhead expenditures for administration. The
Program is also a successful example of collaboration between FCU, Loveland Water and Power, and
Larimer County. Larimer County also brings funding from local, State and Federal sources through the
LCCC. FCU funds are only used to serve Fort Collins’ electric and water customers. The Program is
completely free to customers. While it is available to all FCU electric and water customers, it is most heavily
marketed to customers enrolled in the income-qualified assessment program.
CITY FINANCIAL IMPACTS
The IGA commits FCU to $232,998 from December 2023 through May 2024, based on the LCCC meeting
requirements for the minimum number of assessments. FCU has budgeted funds within the Energy
Services and Water Conservation divisions for the provision of efficiency audits and directly installed
efficiency equipment. No additional funding or appropriation is required to meet the City’s contribution.
Future agreements for services from LCCC will be dependent upon efficiency funding appropriations
separately brought for Council approval.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
For informational purposes only, Fort Collins Utilities has presented results of efficiency programs annually
to Energy Board, including the LCCC progress. Staff have also presented annual updates for program
achievements and Utilities Affordability Portfolio of programs to Energy Board. Staff has not sought board
actions or recommendations to Council yet for these programs.
PUBLIC OUTREACH
In conjunction with periodic status updates on the Utilities Affordability Portfolio programs, FCU staff has
also published Program achievements in an annual Energy Achievements infographic posted to Utilities
webpage. The implementation of this ongoing program aligns with City policies and supports progress
toward goals identified in Our Climate Future and the Water Efficiency Plan.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
Page 141
Item 11.
-1-
RESOLUTION 2024-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY
TO CONTINUE SUPPORT FOR THE LARIMER COUNTY
CONSERVATION CORPS ENERGY AND WATER PROGRAM
A. Since 2010, the Fort Collins Utility Services has partnered with the Larimer
County Conservation Corp Energy and Water Program (the “LCCC Program”) to support
local resource conservation programming.
B. The LCCC Program includes performing home efficiency assessments for
customers of Fort Collins Utilities and Loveland Water and Power, including on -site
evaluations, energy and water saving retro-fits, and customer education.
C. The LCCC Program also trains young adults in the efficiency industry and
improves access for low-income populations to conservation measures and education.
D. The LCCC Program is an important component of support for the goals of
the City’s Energy Policy, Our Climate Future, and Water Conservation Plan.
E. The LCCC Program has also become an element of the City’s Utilities
Affordability Portfolio, which provides a mechanism for low-to-moderate-income utility
customers to control their energy use and costs through a suite of education and
efficiency retro-fits tools.
F. Since inception in 2010 through 2023, the LCCC Program has provided
assessments and education for over 4,016 homes in Fort Collins, resulting in an
estimated annual savings to customers of a $20,000 on electric bills and $10,000 on water
bills, with an average annual utility bill savings of approximately $110 for each household
participating in the program.
G. The proposed 2024-2025 LCCC Program cycle will serve 250-300
additional Fort Collins Utility customers, requiring the City to commit $232,998.13 to
continue its support of the LCCC Program.
H. The City Council has determined it is in the best interests of the City and
beneficial to Fort Collins Utility ratepayers that the City execute an intergovernmental
agreement with Larimer County for the purpose of continuing the City’s support of the
LCCC Program in the 2024-2025 cycle, with the option to renew the City’s support for up
to four additional program cycles, subject to amendments approved by the City Manager
and annual appropriations.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 142
Item 11.
-2-
Section 1. The Mayor is hereby authorized to execute an intergovernmental
agreement with Larimer County in support of the Larimer County Conservation Corp
Energy and Water Program (IGA), in substantially the form of Exhibit “A”, with such
modifications and additional terms and conditions not inconsistent with this Resolution as
the City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes of this
Resolution, and with the City to provide funds in the amount of $232,998.13 from existing
appropriations in the Energy Services and Water Conservation Divisions budgets in
furtherance of the services described in the IGA.
Section 2. In addition, the City Manager is authorized, during the term of the
IGA and in consultation with the City Attorney, to approve and execute such amendments
to the IGA in furtherance thereof as the City Manager determines to be reasonably
necessary and appropriate to: (a) protect the City’s interests or to effectuate the purposes
of this Resolution; (b) provide a benefit to the City; and (c) limit the City’s financial
obligation to expenditure of funds already appropriated and approved by Council or
conditioned upon such appropriation.
Passed and adopted on January 16, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: January 16, 2024
Approving Attorney: Cyril Vidergar
Page 143
Item 11.
EXHIBIT A TO RESOLUTION 2024-002
-1-
AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES
This Agreement is made this as the date of the last signature below (“Effective Date”), by
and between the City of Fort Collins, Colorado, a municipal corporation (hereinafter called the
"City") and Larimer County, Colorado, through Larimer County Economic and Workforce
Development Department, Conservation Corps, 200 West Oak Street, Suite 5000, Fort Collins,
Colorado 80521 (hereinafter called the "Provider" or “LCCC”).
WITNESSETH
WHEREAS, the City wishes to promote development of job skills in the efficiency industry
for young adults in Larimer County while increasing availability of energy and water conservation
measures and education to low-income electric customers of Fort Collins Utilities (“Utilities”); and
WHEREAS, the City and Provider have successfully partnered on delivery of energy and
water assessments since 2010; and
WHEREAS, the Provider wishes to continue its established Conservation Corps program for
another cycle to provide such opportunities through the LCCC Water & Energy Program; and
WHEREAS, it is in the best interests of the City, the County, and their taxpayers to provide
services efficiently and cost-effectively, and to minimize overhead expenditures for administration
and program creation.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. Services. The Provider agrees to provide services generally described as providing
assessments and completion of energy and water savings product installations for Utilities
customers, including purchasing and providing of materials, marketing, training employees,
performing scheduling and customer service, and progress reporting, as set forth in Exhibit “A”.
The Provider will also provide related conservation education, assistance and promotion of the
City’s home energy, water conservation, and affordability programs. Provider services are more
fully described in Exhibit "A", incorporated herein by this reference.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as of the Effective Date and completed no later than
May 31, 2024. This Agreement shall automatically renew for up to four additional one-year terms,
to conclude no later than May 31, 2028, unless earlier terminated. Either party may terminate for
convenience upon thirty (30) days written notice to the other party.
3. Compensation. In consideration for Provider’s services, the City agrees to pay
Provider according to the schedule set forth in Exhibit “B”, consisting of one (1) page and
incorporated herein by this reference, in an amount not to exceed the budget described in Exhibit A.
Provider shall submit itemized invoices for payment in accordance with Exhibit B. The City will
Page 144
Item 11.
EXHIBIT A TO RESOLUTION 2024-002
-2-
make payments within thirty (30) days after receiving a properly documented invoice from
Provider.
4. No Joint Employer Relationship. All staff employed shall remain at all times subject
to the sole and exclusive control, supervision, and direction of the Provider. The Provider shall
have sole and exclusive control over the selection, hiring, discipline, firing, and assignment of such
employees. The Provider shall also have the sole and exclusive authority to determine the method,
means, and manner of performance of such employees, and to establish their wages, hours and
working conditions. The Provider shall be the sole employer of all employees providing services
pursuant to this Agreement. This Agreement shall not be construed as creating a "joint-employer"
relationship between the Provider and the City.
5. Payroll Processing. The Provider agrees to perform all necessary payroll
processing and personnel administration with respect to employees hired or retained pursuant to this
Agreement in compliance with all applicable federal and state laws and local ordinances, including
but not limited to the maintenance of all employment-related records, the issuance of payroll checks
and the withholding of FICA and applicable federal and state taxes. The City agrees not to provide
anything of value to any employee of the Provider performing services under this Agreement,
whether in the form of a gift or compensation, without prior written approval from the Provider.
6. Worker's Compensation. The Provider agrees to provide workers' compensation
coverage for employees pursuant to this Agreement. It is the intent of the Provider and the City that
the Provider's workers’ compensation insurance carrier shall be liable for any benefits awarded to
any injured employee under the terms of this Agreement.
7. Indemnification and Hold Harmless. Each party hereto agrees to release the other
party, and be responsible and assume liability for its own wrongful or negligent acts or omissions,
and those of its officers, agents and employees to the extent required by law. No term or condition
of this Agreement shall be construed or interpreted as a waiver, either expressed or implied, of any
of the immunities, rights, benefits or protections available to any party under the Colorado
Governmental Immunity Act.
As the sole employer of all employees providing services pursuant to this Agreement, Provider
agrees that the City shall have no obligation or liability in connection with: (a) the selection, hiring,
discipline, firing or assignment of such employees; (b) the method, means or manner of
performance of such employees; (c) the wages, hours or working conditions of such employees; (d)
negligent conduct, intentional conduct, and criminal conduct, including commissions and
omissions, of such employees; and (e) the employment relationship between the Provider and such
employees.
8. Additional Provider Obligations.
8.01 No person with responsibilities in the provision of services or the operation
of any program referred to in this Agreement will unlawfully discriminate with respect to any
program participant or any applicant for participation on the basis of race, color, national origin,
age, sex, religion, handicap, political affiliation or beliefs.
Page 145
Item 11.
EXHIBIT A TO RESOLUTION 2024-002
-3-
8.02 No services provided under this Agreement shall involve political activities
and no funds made available under this Agreement shall be used for lobbying activities.
8.03 No person with responsibilities in the provision of the services or the
operation of any program referred to in this Agreement will use his or her position for his or her
own private gain or for the gain of any person with whom (s)he has a relationship by blood or
marriage or a close business, political or personal association.
8.04 Provider agrees to complete background checks reasonably satisfactory to the
City on all staff or other employees of Provider prior to participation in the Program, and to limit
participation to persons shown through said checks to be reliable and reasonably suited for work in
the homes of Utilities customers. Any such checks shall be completed in accordance with
applicable laws.
9. Information Available to Provider. The City agrees to make available to Provider
such information as is required to enable Provider to provide its services in compliance with local,
state and federal laws, and subject to the following:
9.01 Provider must implement reasonable policies and procedures to detect,
prevent and the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at
16 Code of Federal Regulations Part 681, including requiring any Conservation Corp Energy
Program employees to sign a confidentiality agreement as a condition of employment. Further,
Provider must notify the City in writing of any information leading Service Provider to believe
identity theft has occurred regarding a City covered account and must take appropriate steps to
mitigate identity theft if it occurs with one or more of the City’s covered accounts.
9.02 In connection with the Services to be provided to the City pursuant to this
Agreement, the Provider hereby acknowledges that it has been informed that the City has
established policies and procedures with regard to the handling of confidential information and
other sensitive materials, including but not limited to all name, address, telephone number, and
personal information of all customers receiving services from Provider hereunder.
In consideration of access to certain information, data and material (hereinafter
individually and collectively, regardless of nature, referred to as “information”) that are the property
of and/or relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Provider has agreed to perform, including but not limited to any
information generated by the Provider in connection with the performance of services under this
Agreement, the Service Provider hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection
with or as a result of the performance of services for the City may be confidential and/or
proprietary. The Provider agrees to treat as confidential (a) all information that is owned by the
City, or that relates to the business of the City, or that is used by the City in carrying on business,
(b) all information that is proprietary to a third party (including but not limited to customers and
suppliers of the City); and (c) all information generated by Provider in the course of or in
Page 146
Item 11.
EXHIBIT A TO RESOLUTION 2024-002
-4-
connection with the provision of services under the Agreement. The Provider shall not disclose any
such information to any person except as authorized by the City. Further, the Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Provider understands that it shall
have no obligation under this Agreement with respect to information and material that is required by
law, regulation or court order to be disclosed, provided that the request for such disclosure is proper
and the disclosure does not exceed that which is required. In the event of any such disclosure,
Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such
disclosure and shall promptly advise the City in writing of each such disclosure.
If Provider ceases to perform services for the City, or the City so requests for any
reason, Provider shall promptly return to the City all information described hereinabove, including
all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its
possession or control or as to which it otherwise has access.
Provider understands and agrees that the City’s remedies at law for a breach of
Provider’s obligations under this Confidentiality provision may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
10. Parties' Representatives. For the purposes of this Agreement, Provider hereby
designates Maelly Oropeza, Corps Manager (moropeza@larimer.org, 970-498-6630) as its
representative. The City designates Brian Tholl, Energy Services Manager (btholl@fcgov.com,
970-416-2539) as its representative.
11. City Responsibilities. In addition to providing payment as set forth above, the City
shall further be obligated to provide the following for use by Provider in performing Provider’s
obligations hereunder, and as described in more detail in Exhibits A and B:
1. At Utilities’ discretion, either provide materials for direct installation into the
assessed homes or for products not provided, Utilities will reimburse LCCC for
materials that LCCC has purchased and installed. ;
2. At Utilities’ discretion, assist LCCC with marketing efforts in seeking participants
and promoting LCCC’s services ;
3. Provide training related to City programs and support Provider staff development.
Examples of activities could include networking, shadowing, informational
interviews, sitting on an industry panel for questions and answers, or site visits of the
crew in the field.
4. Offer annual written or verbal feedback upon completion of the program.
12. Default. Each and every term and condition of this Agreement shall be deemed to
be a material element of this Agreement. In the event either party shall fail or refuse to perform
according to the terms of this Agreement, such party may be declared in default thereof.
Page 147
Item 11.
EXHIBIT A TO RESOLUTION 2024-002
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13. Remedies upon Default. In the event a party has been declared in default hereof,
such defaulting party shall be allowed a period of five (5) days within which to cure said default. In
the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) seek any other remedy available at law or equity.
14. Compliance with Laws/Nondiscrimination. Provider shall strictly 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 and to the
origination of mortgage loans and other credit and lending activities. Provider shall deliver all
services hereunder in a manner consistent with all laws and requirements pertaining to civil rights,
nondiscrimination and constitutionally protected classes and rights, applicable to the provision of
municipal services to members of the public.
15. Entire Agreement. This instrument and its exhibits constitute and contain the entire
agreement and understanding of the parties hereto concerning the employee’s employment and the
other subject matters addressed herein, and supersedes and replaces all prior negotiations,
agreements, understandings, warranties, promises or otherwise between the parties hereto, whether
written, spoken or implied from the conduct of the parties hereto, concerning the subject matters
hereof.
16. Severability of Invalid Provisions. In the event any covenant, condition or provision
of this Agreement or the application thereof, is held to be invalid by final judgment of any court of
competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way
affect any of the other covenants, conditions or provisions of this Agreement, provided that the
invalidity of any such covenant, condition or provision does not materially prejudice either the City
or Provider in their or either of their respective rights and obligations under the valid covenants,
conditions or provisions of the Agreement.
17. Governing Law. This Agreement shall be construed and enforced in accordance
with and governed by the laws of the State of Colorado.
18. Waiver of Breach -- Effect. No waiver of any breach of any term of provision of
this Agreement by the City or Provider shall be construed to be, nor shall be, for any purpose, a
waiver of any breach of any other provision hereof or of a continuing or subsequent breach of the
same provision. No waiver shall be valid unless in writing and signed by the party waiving the
breach.
19. Binding Effect. This Agreement shall be binding upon the parties hereto and their
heirs, administrators, personal representatives, successors and assigns of each respectively.
20. Headings. Paragraph headings contained herein are for convenience and reference,
and are not intended to define or limit the scope of any provisions of this Agreement.
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EXHIBIT A TO RESOLUTION 2024-002
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21. Appropriation of Funds. Obligations of the City hereunder are contingent upon
appropriation of funds sufficient and intended for this purpose by the City Council of the City, in its
sole discretion.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective, as of
January 1, 2024.
Larimer County, Colorado
Date: ____________________ By:
Chair, Board of County Commissioners
Date: _____________________ By: ___________________________________________
CITY OF FORT COLLINS, COLORADO
Date: _____________________ By:
Jeni Arndt, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ___________________________
City Clerk Assistant City Attorney
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Item 11.
EXHIBIT A TO RESOLUTION 2024-002
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Exhibit A: Scope of Services and Costs
BACKGROUND
The Larimer County Conservation Corps (LCCC) has existed for over twenty years in our local
community. During this tenure, LCCC has specifically focused on providing workforce development
programming for young adults, focusing on conservation. Since 2008, the LCCC– Water & Energy
Program has implemented a workforce development model of training young adults in the efficiency
industry while addressing the community’s low-income population’s accessibility to energy and
water conservation equipment and education. LCCC is excited that the City of Fort Collins Utilities
(Utilities) sees the value of this partnership with the LCCC – Water & Energy Program to meet the
needs of Fort Collins’ (City’s) residents and further expose the next generation of young adult workers
to careers in the utility industry in Northern Colorado. This Exhibit A addresses the objectives of the
Water & Energy Program, the scope of services, training, roles and responsibilities, and benefits of
this partnership continuing into 2024.
OBJECTIVE
Implement the LCCC – Water & Energy Program within Fort Collins, Colorado in an effort to assess
and further complete energy and water savings product installations for 250 to 300 residences through
service-learning opportunities for Corpsmember development. Additionally, LCCC will target
completing 125 to 150 toilet installations, for a maximum of approximately 450 total customer site
visits. The program will target low to moderate income communities for participation; however, all
Fort Collins Utilities water and/or electric customers are eligible to participate (only Fort Collins
Utilities Water customers are eligible for a toilet). In addition, LCCC- Water & Energy Program will
also provide conservation education, tips, and rebate and affordability program opportunities to
residents during assessments. The LCCC is solely responsible for program oversight and
implementation of targeted goals and will be leading the collaboration with various stakeholders to
seek opportunities for leveraged funding or co-promotion.
SCOPE OF SERVICES
In furtherance of the 2024 Agreement for Employment and Training Services (Agreement), the
LCCC’s responsibilities towards the program include:
1. Outreach and assessments
A. Aim to perform assessments and complete product installations for 250 to 300 residences;
B. Aim to complete 125 to 150 installations of high-efficiency toilets;
C. Aim to achieve the following equity goals during the 2024 program year:
a. 25% of assessments are income qualified participants (Income-Qualified Assistant
Program rate code or LEAP eligible (gross income is 60% State Median Income), self-
reported in the post-assessment survey)
b. 10% of assessments are black, indigenous, people of color (BIPOC) participants (self-
reported in post-assessment survey)
D. Lead all outreach and marketing efforts to promote the program, with a focus on low-income
residents and partners that serve such populations to drive assessments and participation in
the program. Typical outreach activities may include print materials, phone calls, emails,
social media posts, language translations, or event tabling. LCCC will participate in at least
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Item 11.
EXHIBIT A TO RESOLUTION 2024-002
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one (1) meeting per year with City staff to outline a marketing plan and tasks, roles, and
responsibilities. LCCC will request City support with outreach as needed.
E. In collaboration with Utilities, develop and pilot new approaches to increase opportunities
for community members most in need to participate in the program.
F. Schedule home efficiency assessments, verifying that homes are served by Utilities water
and/or electric.
G. Source appropriate materials for direct installation as identified in the equipment
requirements below.
H. Manage the funding of the water efficiency products through the Northern Colorado Water
Conservancy District.
I. LCCC crews will perform in-home assessments and educate residents about conservation
techniques, installing efficiency equipment and promoting additional Utility services, if
interested.
J. Gather data from assessments to compile energy and water conservation measures installed
and associated savings (e.g. kilowatt-hours saved, and gallons).
K. Gather demographic information from participants to align with income guidelines for
County services and help evaluate whether the participants receiving an assessment are
meeting the race/ethnicity and income goals for the 2024 program year, as stated above.
2. Auditor/Staff
A. Train up to 9 (nine) Corpsmember in home efficiency assessments and conservation
equipment installation.
B. Encourage Corpsmember to seek professional development opportunities through peer
mentoring, networking within industry, or facilitating group activities.
C. Work with internal and external partners including the City of Fort Collins Utilities to help
Corpsmember better understand the utilities industry and future career opportunities through
networking, shadowing, informational interviews, and site visits.
D. Provide monthly reports on residential assessment data to Utilities
E. Send materials satisfaction survey 1 month following each assessment,
F. Complete a final report summarizing all activities and results within 30 days of program
completion and provide the final assessment data export for Fort Collins Utilities in an Excel
format.
G. Upon program completion, Corpsmember will present their findings to utility staff and/or
City advisory boards at a quarterly meeting.
H. Installation Requirements:
Materials: Installation Requirement Installation
limit Installation Goal
Toilet New toilets will only replace toilets
greater than 1.28 GPF (1.28 GPF toilets
are not eligible). This will be validated
by either identifying the GPF rating
indicated on the toilet or by measuring
the GPF using an accurate methodology.
2 toilets per
unit
125-150
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Aerator New aerators will only replace existing
aerators greater than 1.5 GPM in the
kitchen and 1.0 GPM in the bathroom.
No limit per
unit Bathroom Aerators:
0.5 gpm = 100
1.0 gpm = 300
Kitchen Aerators:
0.5-1.5 gpm = 100
Showerheads New showerheads will only replace
existing showerheads greater than 2.0
GPM
No limit per
unit
1-1.5 gpm = 175
Outdoor hose
timers
New hose timers will be provided to
participants who indicate they use a hose
for non-automated outdoor irrigation,
such as watering gardens or trees. Timers
will be provided to customer but will not
be installed by LCCC.
1 per outdoor
spigot,
maximum of 2
per unit
50 – 100
Outdoor hose
shutoff nozzles
New outdoor hose shutoff nozzles will
be provided to participants who indicate
they use a hose for outdoor water uses,
such as watering gardens or trees,
vehicle washing, or equipment cleaning.
Nozzles will be provided to customer but
will not be installed by LCCC.
1 per outdoor
spigot,
maximum of 2
per unit
75 – 125
LEDs All LEDs will only replace incandescent,
halogen or CFL lamps, to be validated
by collecting individual existing types or
wattages.
No maximum
Clotheslines Offer installation of Clothesline at
property
1 per unit Up to qty 100
Furnace Filters Offer installation of a new furnace filter
for customers, with LCCC stocking
various common sizes
2 per unit (1
installed, 1 left
for customer
replacement)
Up to qty 150
Carbon
Monoxide
detectors
Installed in absence of detector 1 per unit
Weatherstripping Weatherstripping on up to 2 exterior
doors per unit; window sealing kit
installation; limited to mobile homes
Maximum of
2
weatherstrippi
ng and 2
window
sealing kits
per unit;
mobile homes
only
Up to qty 60 each
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Item 11.
EXHIBIT A TO RESOLUTION 2024-002
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CITY/UTILITIES RESPONSIBILITIES
The Utilities’ responsibilities towards the program include:
1. At Utilities’ discretion, either provide materials for direct installation into the assessed homes or
for products not provided, Utilities will reimburse LCCC for materials that LCCC has purchased
and installed.
2. At Utilities’ discretion assist LCCC with marketing efforts in seeking participants and
promoting LCCC’s services through handouts, mailings, social media posts, materials,
community partners, online or other means;
3. Provide training related to City programs and support Corpsmember development. Examples of
activities could include networking, shadowing, informational interviews, sitting on an industry
panel for questions and answers, or site visits of the crew in the field. Offer annual written or
verbal feedback upon completion of the Program.
BENEFITS
When the 2024 LCCC Water & Energy Program is complete, the Fort Collins community will
collectively have 250-300 residences assessed and retrofitted with basic efficiency products. The
program will be targeting low income and BIPOC populations for participation but may provide
services to any Utilities water and/or electric customer. Benefits will also include timely, accurate
and usable data, and a willing and able workforce that may act as a feeder program for utility
opportunities in the near future to better train and employ the next generation of utility workers.
PROGRAM COSTS
Program costs are summarized below. LCCC will not incur additional programs costs without written
prior approval.
Description Budget Notes
Installation supplies and
toilet permit fees
$53,700.00 Efficiency products will be purchased primarily
by LCCC, in some cases using remaining
inventory from previous season or Utilities
inventory first. Reference resources and
materials may be provided by the City upon
request.
2024 Program Support $179,298.10 Total administrative costs
Total $232,998.13 Total may vary based on actual cost of
purchases by LCCC, but will not exceed budget
identified
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EXHIBIT A TO RESOLUTION 2024-002
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Exhibit B: Payment Schedule
The payment amounts and schedule in this Exhibit B identify the manner in which the parties agree
to distribute the compensation described in Section 3 of the 2024 Agreement for Employment and
Training Services (Agreement).
Compensation.
A. In consideration for Provider’s services, the City agrees to pay Provider
for the program costs summarized in Exhibit A to the Agreement, with a maximum
amount not to exceed Two Hundred Thirty-Two Thousand, Nine Hundred and Ninety-
Eight Dollars and Thirteen Cents ($232,998.13).
B. Provider shall submit a final invoice for 2024 program support budget
after completion of assessments performed from the Agreement Effective Date
through May 31, 2024 and delivery to Utilities of compiled final installation data
collected.
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Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Richard Thorp, Lead Specialist, Sciences
Leslie Hill, Director Sciences
Jill Oropeza, Senior Director, Water Planning and Sciences
SUBJECT
Resolution 2024-003 Authorizing the City Manager to Enter into an Agreement with Various Entities
Regarding the Upper Poudre Watershed Source Water Protection Plan (Phase 1 – Plan
Development).
EXECUTIVE SUMMARY
The purpose of this item is to request approval for the City, through Fort Collins Utilities (“Utilities”), to enter
into an agreement for cost-sharing the development of a regional Source Water Protection Plan (“SWPP”)
with the City of Greeley, Soldier Canyon Water Treatment Authority, Northern Colorado Water
Conservancy District (“Northern Water”), and the City of Thornton.
Utilities’ Cache la Poudre River (“Poudre River”) and Horsetooth Reservoir source watersheds provide
high quality raw water for water treatment. Pr otecting these source water supplies from pollution is key to
providing our community with reliable, safe, and high-quality drinking water. There are significant
challenges associated with monitoring and protecting water quality in these source watersheds. Utilities’
2016 SWPP has guided Utilities’ source water protection activities to date but needs to be updated. The
Cities of Fort Collins (through Utilities), Greeley, and Thornton as well as Soldier Canyon Water Treatment
Authority and Northern Water use water from the Poudre River and Horsetooth Reservoir. Staff from
Utilities’ Watershed Program and these entities are seeking to develop a collaborative SWPP to improve
communication, alignment, promote cost-sharing and implementation of source water protection projects.
The proposed Agreement Regarding the Upper Poudre Watershed Source Water Protection Plan (Phase
1 – Plan Development) (“SWPP Agreement”) outlines terms and conditions of developing a collaborative
SWPP. On December 7, 2023, the Water Commission formally recommended that Council authorize the
City Manager to sign the SWPP Agreement.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Fort Collins Utilities’ (“Utilities”) Watershed Program staff are seeking Council’s adoption of the Resolution
to authorize the City entering into an intergovernmental agreement (“SWPP Agreement”) to develop a
collaborative Source Water Protection Plan (SWPP) with other regional water providers. These providers
include the City of Greeley, Soldier Canyon Water Treatment Authority (composing the East Larimer
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Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
County Water District, Fort Collins-Loveland Water District, and North Weld County Water District), the
Northern Colorado W ater Conservancy District (“Northern Water”), and the City of Thornton. Utilities’
source water supplies provide high quality raw water for drinking water treatment and include the Cache la
Poudre River Watershed upstream of the canyon mouth and Horsetooth Reservoir Watershed. Wildfires,
algae blooms, chemical spills, and other pollution events continue to threaten the quality of these water
supplies. Protecting the quality of the City’s source water supplies is key to providing our community with
reliable, safe, and high-quality drinking water.
The mission of the Utilities’ Watershed Program is to monitor and protect Utilities’ source water supplies
and the overall health of the upper Cache la Poudre Watershed. Accordingly, staff developed Utilities’ first
SWPP in 2016 with assistance from the Colorado Rural Water Association and the Colorado Department
of Public Health and Environment (“CDPHE”). The 2016 SWPP delineates the footprint of Utilities’ source
water supplies, identifies and ranks threats to water quality, and provides a range of best practices intended
for threat mitigation. The 2016 SWPP has guided Utilities’ source water protection priorities for eight years
and needs to be updated to account for changes to the watershed following the Cameron Peak Wildfire.
Both of Utilities’ water supplies are shared by the above listed regional water providers. Although we rely
on common water resources, it is important to note that very little land within these source watersheds is
owned or managed by these entities. Utilities' staff regularly collaborate with these entities on a range of
cost-share water quality monitoring and protection programs and projects in cooperation with land
management agencies like the U.S. Forest Service. Developing an updated and collaborative SWPP for
the Poudre River and Horsetooth Reservoir will enable increased cost-effectiveness, alignment around
priorities and best practices for mitigating water quality threats and facilitate the implementation of needed
source water protection projects. All the identified regional water providers agree that there is significant
value in moving forward with this collaborative project.
Over the past year, a project team comprised of representatives from each participating entity created a
detailed scope of work for developing the SWPP. The SWPP will delineate each water provider’s source
water supply boundary and identify where there is overlap between two or more partners. Water quality
pollution threats within the contributing watershed areas will be identified and prioritized based on relative
risk. Pollution mitigation best practices will be selected by the project team using feedback from a diverse
set of watershed stakeholders. The SWPP will support and align with existing watershed protection
programs and projects and, as a result, will be highly implementable. Shared watershed protection
programmatic metrics will be developed to help evaluate the effectiveness of watershed protection efforts.
The project budget has been set at $150,000, including $10,000 from each of the five project partners;
$50,000 in grant funding from the CDPHE’s Source Water Assessment and Protection Program; and
$50,000 from the Colorado Water Conservation Board’s Water Plan Grant Program. Northern Water will
be the grant recipient on behalf of the project partners. Utilities plan to dedicate $10,000 to support this
project from previously allocated funding for watershed protection. The project budget will be used to hire
a consultant to facilitate development of the SWPP. The project is expected to begin in Q3 of 2024. Note
that this agreement does not obligate any party to fund future project implementation.
CITY FINANCIAL IMPACTS
There are no cost impacts associated with the proposed Resolution.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Water Commission Regular Meeting, December 7, 2023
Commissioner Tarry moved that the Water Commission recommend Council formally approve of the
Utilities’ Watershed Program entering into the agreement regarding the Upper Poudre Watershed Source
Protection Plan. Vice Chairperson Herman seconded the motion. Vote on the Motion: Passed unanimously,
5-0.
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Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
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Item 12.
-1-
RESOLUTION 2024-003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH VARIOUS ENTITIES REGARDING
THE UPPER POUDRE WATERSHED SOURCE WATER
PROTECTION PLAN (PHASE 1 – PLAN DEVELOPMENT)
A. The Cache la Poudre Watershed (“Poudre Watershed”) headwaters begin
within the Arapaho-Roosevelt National Forest and drains through Fort Collins and urban
areas of the Front Range until its confluence with the South Platte River, east of Greeley.
B. The Poudre Watershed is a valuable asset to local municipalities,
agriculture, and recreational stakeholders due to, among other reasons, the large
geographic area of the watershed, prominence through urban areas, and high -quality
drinking water supply.
C. The upper portions of the Poudre Watershed are those portions above the
canyon mouth (“Upper Poudre Watershed”) and Horsetooth Reservoir, which are relied
upon for water supply by various entities, and have historically been the principal sources
of raw water for, among others, the City’s Fort Collins Utilities and the Soldier Canyon
Water Treatment Authority, which includes water districts serving portions of Fort Collins.
D. Water quality in the Upper Poudre Watershed faces various challenges,
including risks from wildfires and climate change, and protecting water quality within the
Poudre Watershed is a high priority for the City and other entities relying on Poudre
Watershed to, among other things, ensure all current and future water demands are met,
and to continue providing communities with reliable, safe, and high-quality drinking water.
E. The State of Colorado has a Source Water Assessment and Protection
Program, which is a voluntary, non-regulatory program intended to assist water utilities
with conducting assessments and developing targeted Source Water Protection Plans for
water quality.
F. The City, the City of Greeley, the City of Thornton, the Northern Colorado
Water Conservancy District, and the Soldier Canyon Water Treatment Authority
(collectively, “Parties”) are pursuing a Source Water Protection Plan for the Upper Poudre
Watershed (“Plan”), which comprises two general phases: Phase 1 – Plan Development;
and Phase 2 – Plan Implementation.
G. The City and the other Parties have negotiated an agreem ent regarding
Phase 1 of the Plan (the “Agreement”), the form of which is attached hereto as Exhibit
“A,” and incorporated herein by reference.
H. The City Manager and City staff have recommended approval of the
Agreement by the City Council.
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Item 12.
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I. City Council finds that entering into the Agreement regarding Phase 1 of the
Plan is in the best interests of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to execute an Agreement
substantially in the form of Exhibit “A,” with such additional terms and conditions as the
City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes of this
Resolution.
Passed and adopted on January 16, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: January 16, 2024
Approving Attorney: Eric Potyondy
Page 159
Item 12.
Page 1 of 13
AGREEMENT REGARDING THE
UPPER POUDRE WATERSHED SOURCE WATER PROTECTION PLAN
(Phase 1 – Plan Development)
This Agreement (“Agreement”) is entered into by and between the following Parties, which
are listed in no particular order:
• Northern Colorado Water Conservancy District, a quasi-municipal entity and political
subdivision of the State of Colorado (“Northern Water”);
• City of Fort Collins, a municipal corporation (“Fort Collins”);
• City of Greeley, a municipal corporation (“Greeley”);
• City of Thornton, a municipal corporation (“Thornton”); and
• Soldier Canyon Water Treatment Authority, a political subdivision of the state of Colorado
(“Soldier Canyon”).
RECITALS
A. The Cache la Poudre Watershed (“Poudre Watershed”) headwaters begin within the
Arapaho-Roosevelt National Forest and drains through Fort Collins and urban areas of the Front
Range until its confluence with the South Platte River, east of Greeley. The Poudre Watershed is
a valuable asset to local municipalities, agriculture, and recreational stakeholders due to, among
other reasons, the large geographic area of the watershed, prominence through urban areas, and
high-quality drinking water supply.
B. The upper portions of the Poudre Watershed are those portions above the canyon mouth
(“Upper Poudre Watershed”). The Upper Poudre Watershed are and have historically been a
principal source of raw water for Fort Collins, Greeley, and Soldier Canyon. Northern Water and
Thornton also rely on the Upper Poudre Watershed to meet future demand.
C. Water quality in the Upper Poudre Watershed faces various challenges, including0F
1 risks
from wildfires and climate change. Protecting water quality within the Poudre Watershed is a high
priority for the Parties to, among other things, ensure all current and future water demands are met,
and to continue providing communities with reliable, safe, and high-quality drinking water.
D. The State of Colorado has a Source Water Assessment and Protection Program, which is a
voluntary, non-regulatory program intended to assist water utilities with conducting assessments
and developing targeted Source Water Protection Plans for water quality. Related to the State’s
program, the Parties are pursuing a Source Water Protection Plan for the Upper Poudre Watershed
(“Plan”).
E. The Parties’ efforts comprise two general phases:
Phase 1 – Plan Development
Phase 2 – Plan Implementation
1 In this Agreement, “include” signifies a list that is not necessarily exhaustive. E.g., Lyman v. Town of Bow Mar,
188 Colo. 216, 222, 533 P.2d 1129, 1133 (1975).
EXHIBIT A TO RESOLUTION 2024-003
Page 160
Item 12.
Page 2 of 13
This Agreement concerns Phase 1. The Parties anticipate that a separate agreement may be
desirable for Phase 2.
F. The purpose of this Agreement is to coordinate the Parties’ joint efforts related to
developing the Plan, including funding a consultant to assist with the development of the Plan.
G. As governmental entities, the Parties are authorized to enter into the following
intergovernmental agreement pursuant to C.R.S. §29-1-203.
AGREEMENT
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated as if fully
restated in their entirety.
2. Meetings and Schedule.
2.1. Meetings. The Parties will meet at least quarterly at an agreed upon time and place.
Each Party will designate at least one representative who will attend the meetings, either
in person or by teleconference when available. Should the representative(s) be changed, a
Party shall provide fourteen (14) calendar days written notice of the change to the other
Parties. Party representatives will, when possible, be staff members and not members of
the governing body of a Party. Persons associated with the Parties other than the
representative may attend the meetings upon invitation by the appropriate Party.
2.2. Schedule. The Parties currently intend to follow the schedule set forth in the Scope
of Work, attached as Exhibit A. The Parties may modify the schedule of tasks as
appropriate to effectuate the purposes of this Agreement.
2.3. Consensus Decision-making. The Parties shall operate by consensus in making
decisions for the purposes of this Agreement. To this end, the Parties shall make a good
faith effort to reach consensus, propose alternative solutions, and otherwise work to resolve
any issues that prevent consensus.
3. Funding. The Parties intend to budget $150,000 for the retention of a consultant to assist
with the development of the Plan.
3.1. Party Contributions and CDPHE Grants. On or before April 1st, 2024, each of
the five Parties will contribute $20,000 to Northern Water for the purposes of this
Agreement. The Parties will seek grants from the State of Colorado Department of Public
Health and Environment (“CDPHE”) for funds to comprise a portion of these contributions.
The CDPHE grants will be attributed equally to the five Parties. The CDPHE grants are
currently anticipated to total $50,000 (i.e., half of the sum total of $100,000 of contributions
from the Parties), with a pro rata $10,000 attributed to each of the Parties. The Parties may,
in writing, extend the deadline included in this paragraph.
EXHIBIT A TO RESOLUTION 2024-003
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Item 12.
Page 3 of 13
3.2. CWCB Grant. The Parties will seek a grant from the Colorado Water
Conservation Board (“CWCB”) for the remaining $50,000 of the budgeted amount, which
would be held by Northern Water. If such a grant is not acquired on or before April 1st,
2024, each of the Parties will contribute an additional $6,000, unless the Parties identify
another source of funding or agree that the Plan can be completed without the funds
contemplated in this paragraph. The Parties may, in writing, extend the deadline included
in this subparagraph.
4. Northern Water’s Role.
4.1. Funds. Northern Water will hold the budgeted funds described in Paragraph 3 for
purposes of this Agreement. If there are any unused funds, they will be returned to the
Parties in equal amounts, or may be retained by Northern Water for Phase 2 pursuant to an
amendment to this Agreement or subsequent agreement regarding such funds.
4.2. Consultant. Northern Water will retain the consultant to assist with the
development of the Plan. The Parties will jointly select which consultant will be retained
and manage the same, pursuant to Paragraph 2.3. The Parties acknowledge Northern Water
will contract with and have sole responsibility for directing the selected consultant,
consistent with the determination of the Parties pursuant to Paragraph 2.3 and the
objectives of this Agreement.
4.3. Sharing Consultant Work Product. Northern Water will provide to the other
Parties copies of all reports, data, drawings, computer programs, or other reproducible,
tangible things developed by the consultant in connection with this Agreement
(“Consultant Work Product”). Each Party will be entitled to review and provide feedback
on the Consultant Work Product, which Northern Water will communicate to the
consultant. Northern Water will obtain the consultant’s agreement for each Party to use
Consultant Work Product for purposes connected to this Agreement.
5. Term, Withdrawal, and Termination.
5.1. Term and Termination. This Agreement will be in effect on the last date it is
signed by the Parties until:
(1) September 30, 2025;
(2) Northern Water withdraws;
(3) all but one of the parties withdraws;
(4) the Parties otherwise agree in writing to terminate this Agreement; or
(5) Phase 1 is completed.
5.2. Withdrawal. Any Party may withdraw from this Agreement by providing written
notice to the other Parties. Any Party may also withdraw from this Agreement for failure
to appropriate funds pursuant to Paragraph 5. Withdrawal from this Agreement shall not:
entitle the withdrawing Party to reimbursement for previously contributed funds; or relieve
the withdrawing Party from any obligations resulting from the Party’s previous
EXHIBIT A TO RESOLUTION 2024-003
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Item 12.
Page 4 of 13
participation, including responsibilities for costs, and shall not waive the withdrawing
Party’s right to the receipt of documents resulting from the Party’s previous participation.
6. Claimed Confidential Information.
6.1. CORA. The Parties acknowledge that the majority of documents and
communications created under this Agreement will be subject to the Colorado Open
Records Act, C.R.S. §§24-72-101 et seq. (“CORA”).
6.2. Confidential Information Procedures. If a Party (“Providing Party”) desires to
provide documents or information to the other Parties (“Receiving Parties”) that the
Providing Party claims to be confidential (“Confidential Information”), the Providing Party
may invoke the terms and conditions of this Paragraph 6.2.
6.2.1. If the Providing Party intends to claim that certain information is
confidential under this Paragraph 6.2 and desires to have the Receiving Parties take
certain precautions under this Agreement with such claimed Confidential
Information, then within three calendar days of when the Providing Party provides
the claimed Confidential Information to the Receiving Parties, the Providing Party
shall provide written notice to the Receiving Parties containing the following:
(i) an identification of each piece of information that is claimed to be
Confidential Information;
(ii) for each piece of such information, an identification of the
documents, files, or other forms of communication provided to the
Receiving Parties in which the claimed Confidential Information is
located; and
(iii) for each piece of such information, a brief statement identifying the
basis for which the Providing Party may claim the information to be
confidential.
6.2.2. With respect to the claimed Confidential Information identified pursuant to
Paragraph 6.2.1, the Receiving Parties hereby agree:
(i) to hold the claimed Confidential Information in confidence and to
take all reasonable precautions to protect such Confidential
Information from inadvertent or accidental disclosure; and
(ii) to not disclose any such claimed Confidential Information to any
third person, except pursuant to Paragraph 6.2.4.
In the normal course of business, the Receiving Parties may also dispose of any
documents containing claimed Confidential Information.
6.2.3. The obligations of the Receiving Parties with respect to claimed
Confidential Information under this Paragraph 6.2 shall not apply to:
(i) Claimed Confidential Information beginning six months after the
termination of this Agreement pursuant to Paragraph 5.1;
EXHIBIT A TO RESOLUTION 2024-003
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Item 12.
Page 5 of 13
(ii) Claimed Confidential Information that the Receiving Party can
document:
(A) is or has become (through no improper action or inaction by
the Receiving Party or any affiliate, agent, consultant or
employee) generally available to the public;
(B) was in its possession prior to receipt from the Providing
Party under Paragraph 6.2.1, except to the extent that such
information was unlawfully appropriated by the Receiving
Party;
(C) was independently developed by the Receiving Party
without use of any claimed Confidential Information of the
Providing Party under Paragraph 6.2.1; or
(D) was disclosed pursuant to the requirements of law, subject to
Paragraph 6.2.4.
6.2.4. Nothing herein shall affect the obligations of a Receiving Party to either
make disclosures or preserve the confidentiality of claimed Confidential
Information to the extent required by law or court order, including, but not limited
to, requirements under the Colorado Open Records Act, CRS §24-72-201 et seq.,
and other Colorado and federal statutes, court rules, and administrative rules and
regulations. If a Receiving Party receives a request under law for the Providing
Party’s claimed Confidential Information, or if a Receiving Party would otherwise
be required to disclose the Providing Party’s claimed Confidential Information
pursuant to law, the Receiving Party shall notify the Providing Party as soon as
practicable of the request or pending disclosure, and in such event, upon the request
of the Receiving Party, the Providing Party may take such timely action as may be
required to obtain a declaratory judgment as to the confidential status of the
Confidential Information, and, if the Providing Party elects not to do so, then the
Receiving Party’s obligation to preserve that Confidential Information shall have
been waived hereunder, except as otherwise provided by law.
6.2.5. The Providing Party shall have the right to require the return and destruction
of claimed Confidential Information in the possession of a Receiving Party as set
forth in this paragraph. Such right shall exist from the effective date of this
Agreement through six months after the date of termination of this Agreement
pursuant to Paragraph 5.1 If claimed Confidential Information has been copied or
transcribed into another document, such documents will be destroyed, erased, or
modified to remove the claimed Confidential Information.
7. Fiscal Contingency. Notwithstanding any other provisions of this Agreement to the
contrary, the obligations of the Parties in fiscal years after the initial fiscal year of this Agreement
shall be subject to appropriation of funds sufficient and intended therefor, with the Party having
the sole discretion to determine whether the subject funds are sufficient and intended for use under
this Agreement. The failure of a Party to appropriate such funds shall be grounds for termination
of this Agreement as to such Party upon written notice pursuant to Paragraph 11.
EXHIBIT A TO RESOLUTION 2024-003
Page 164
Item 12.
Page 6 of 13
8. No Third-Party Beneficiaries. This Agreement is entered into between the Parties for the
purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this
Agreement and that the Parties are benefitted only to the extent provided under the express terms
and conditions of this Agreement.
9. Governing Law and Enforceability. This Agreement shall be construed in accordance
with the laws of the State of Colorado. The Parties recognize that the constitutions, statutes, and
rules and regulations of the State of Colorado and of the United States, as well as the Parties’
respective bylaws, city charters and codes, and rules and regulations, impose certain legal
constraints on each Party and that the Parties intend to carry out the terms and conditions of this
Agreement subject to those constraints. Whenever possible, each provision of this Agreement
shall be interpreted in such a manner so as to be effective and valid under applicable law.
10. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not
constitute a waiver of any subsequent breach of the same or another provision of this Agreement.
Nothing in this Agreement shall be construed as any waiver of governmental immunity of the
Parties who are governments or any other governmental provisions of State law. Specifically, by
entering into this Agreement, no Party waives the monetary limitations on liability or any other
rights, immunities, or protections provided by the Colorado Government Immunity Act, C.R.S. §
24-10-101, et seq., or any successor or similar statutes of the State of Colorado.
11. Notices. All notices or other communications hereunder shall be sufficiently given and
shall be deemed given (i) when personally delivered; (ii) on the date and at the time of delivery or
refusal of acceptance of delivery if delivered or attempted to be delivered by an overnight courier
service to the party to whom notice is given at the address specified below; (iii) on the date and at
the time shown on the electronic mail if sent by electronic transmission at the email addresses set
forth below and receipt of such electronic mail is acknowledged by the intended recipient thereof;
or (iv) after the lapse of five business days following mailing by certified mail-return receipt
requested, postage prepaid, addressed as follows:
To Fort Collins: City Manager
City Hall West
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
With copy to: Fort Collins City Attorney
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
epotyondy@fcgov.com
and: Fort Collins Utilities
Attn: Sr. Director of Water Planning and Sciences
4316 LaPorte Ave.
Fort Collins, Colorado 80521
EXHIBIT A TO RESOLUTION 2024-003
Page 165
Item 12.
Page 7 of 13
To Northern Water: Northern Colorado Water Conservancy District
Attn: Kimberly Mihelich
220 Water Avenue
Berthoud, CO 80513
With copy to: Northern Water Counsel
Trout Raley
1120 Lincoln Street, Suite 1600
Denver, CO 80203
To Greeley: City of Greeley
Attn: Director of Water & Sewer
1001 11th Ave, 2nd Floor,
Greeley, Colorado 80631
With a copy to:
City Attorney
1100 10th Street, Suite 401
Greeley, Colorado 80631
Jerrae.Swanson@greeleygov.com
To Thornton: City Manager
9500 Civic Center Dr
Thornton CO, 80029
With a copy to: City of Thornton Senior Assistant Attorney Water
9500 Civic Center Dr
Thornton CO, 80029
Kara.Godbehere@ThorntonCO.gov
To Soldier Canyon: Soldier Canyon Water Treatment Authority
Attn: Authority Manager
4424 LaPorte Ave
Fort Collins, CO 80521
Telephone: (970) 482-3143
mkempton@soldiercanyon.com
12. Construction. This Agreement shall be construed according to its fair meaning as it was
prepared by the Parties. Headings in this Agreement are for convenience and reference only and
shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement.
13. Representations. Each Party represents to the other parties that it has the power and
authority to enter into this Agreement and the individual signing below on behalf of that Party has
the authority to execute this Agreement on its behalf and legally bind that Party.
EXHIBIT A TO RESOLUTION 2024-003
Page 166
Item 12.
Page 8 of 13
14.Assignment. No Party may assign any rights or delegate any duties under this Agreement
without the written consent of all other Parties.
15.Severability. If any provision of this Agreement shall prove to be illegal, invalid,
unenforceable or impossible of performance, the remainder of this Agreement shall remain in full
force and effect.
[Remainder of Page Left Blank Intentionally]
EXHIBIT A TO RESOLUTION 2024-003
Page 167
Item 12.
Page 9 of 13
NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a quasi-municipal
entity and political subdivision of the State of Colorado
By: Date:
EXHIBIT A TO RESOLUTION 2024-003
Page 168
Item 12.
Page 10 of 13
CITY OF FORT COLLINS, a municipal corporation
By: Date:
Kelly DiMartino, City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney’s Office
EXHIBIT A TO RESOLUTION 2024-003
Page 169
Item 12.
Page 11 of 13
CITY OF GREELEY, a municipal corporation
APPROVED AS TO SUBSTANCE:
By:_________________________________ Date:_____________________________
City Manager
AVAILABILITY OF FUNDS:
By:_________________________________ Date:_____________________________
Director of Finance
APPROVED AS TO LEGAL FORM
By:_________________________________ Date:_____________________________
City Attorney’s Office
EXHIBIT A TO RESOLUTION 2024-003
Page 170
Item 12.
Page 12 of 13
CITY OF THORNTON, a Colorado home-rule municipal corporation
By: Date:
Kevin Woods, City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
Temi Yellico, City Attorney
By:
Senior Assistant City Attorney - Water
EXHIBIT A TO RESOLUTION 2024-003
Page 171
Item 12.
Page 13 of 13
SOLDIER CANYON WATER TREATMENT AUTHORITY, a political subdivision of the
state of Colorado
By: Date:
EXHIBIT A TO RESOLUTION 2024-003
Page 172
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2024-004 Making Appointments to the Housing Catalyst Board.
EXECUTIVE SUMMARY
The purpose of this item is to fill vacancies on the Housing Catalyst Board that exist due to the expiration
of certain members’ terms.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
Housing Catalyst Board members Cathy Mathis and Jennifer Wagner both have terms that expire on
December 31, 2023. Cathy Mathis is term limited, but Jennifer Wagner is not, and she has applied to serve
another term. Karen Dunbar serves on the Audit and Finance Committee of the Housing Catalyst Board
and has expressed interest in also serving on the Housing Catalyst Board.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Wagner Volunteer Application
3. Dunbar Volunteer Application
Page 173
Item 13.
-1-
RESOLUTION 2024-004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE HOUSING CATALYST BOARD
A. The Housing Catalyst Board has vacancies due to the expiration of terms
of Cathy Mathis who is term limited and Jennifer Wagner.
B. The City Council desires to make appointments to fill these vacancies on
the Housing Catalyst Board.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the following named persons are hereby appointed to fill the open
vacancies on the Housing Catalyst Board with a term to begin and expire as noted below
next to each appointee’s name:
Housing Catalyst
Appointments Term Effective Date Expiration of Term
Karen Dunbar (Seat C) Immediately upon adoption of
this Resolution December 31, 2028
Jennifer Wagner (Seat D) Immediately upon adoption of
this Resolution December 31, 2028
Passed and adopted on January 16, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: January 16, 2024
Approving Attorney: Carrie Daggett
Page 174
Item 13.
Page 175
Item 13.
Jennifer L Wagner
Fort Collins, CO 80524
OBJECTIVE
A challenging position where my contributions have meaning. Success in my desired role will maximize my persuasive communication skills,
problem solving abilities, sales experience and financial background. Results will reflect achievement of established goals and attainment of a
superior level of customer satisfaction.
SUMMARY OF QUALIFICTIONS
• 25+ years of progressively responsible experience in all aspects of loan production in two growth focused financial institutions
• Skilled at troubleshooting and problem solving. Strong mental reasoning skills to work through issues and obstacles
• Extensive experience in real estate related disciplines
• Strong mathematical and financial analysis abilities
• Relationship oriented approach to communication and work relationships
• Innovative thinker with a results-oriented focus
WORK HISTORY
• Senior Vice President. Bank of Colorado, Fort Collins, CO January 2019 – present
• Vice-President, Real Estate/Construction. Home State Bank/Guaranty Bank and Trust, Fort Collins, CO November 2012 – December 2018
• Vice-President, Special Asset Officer. First National Bank, Fort Collins, CO May 2009 – November 2012
• Vice-President, Real Estate/Construction. First National Bank, Fort Collins, CO April, 2004 – May, 2009
• Vice-President and Manager, Loan and Credit Administration. First National Bank, Fort Collins, CO November 2001 – September 2003
• AVP and Manager, Retail Credit, Commercial Credit and Mortgage Loans. First National Bank, Fort Collins, CO January 2000 – November
2001
• AVP and Manager, Retail Credit. First National Bank, Fort Collins, CO August 1998 – January 2000
• AVP and Branch Manager, Southwest Office. First National Bank Fort Collins, CO July 1996 – August 1998
• AVP and Manager, Mortgage Loans. First National Bank, Fort Collins, CO July 1994 – July 1996
• Mortgage Loan Processor and Mortgage Loan Originator. First National Bank, Fort Collins, CO July 1993 – July 1994
• Instructor. Center for Financial Training, Denver, CO 2000 – 2002 (Contract Position)
• Mortgage Loan Processor. CTX Mortgage Company, Fort Collins, CO June 1992 – July 1993
• Sales Secretary/Receptionist. Re/Max Advanced, Fort Collins, CO April 1991 – October 1991
• Audit Assistant. KPMG Peat Marwick, Denver CO January 1991 – April 1991 (College Internship)
• Broker Assistant and Sales Secretary. Van Schaack of Fort Collins, Fort Collins CO November 1988 – January 1991
EDUCATION AND TRAINING
• Degree in Business Administration, Colorado State University. Concentration: Accounting Other emphasis: Finance
• Graduate School of Banking Degree, Graduate School of Banking, University of Colorado, Boulder
• Licensed Colorado Real Estate Agent (inactive)
• Financial Institution Related Training. Multiple courses in Commercial Lending Analyzing Financial Statements, Bankruptcy and Foreclosure,
Sales and Business Development
MEMBERSHIPS AND ACTIVITIES
• Housing Catalyst Board Member (2019- present), current Board Chair (2023)
• Commercial Real Estate Women of Northern Colorado. Founding Member (2006), 2008 President
• Villages, LTD. Board Member (2015 – 2018). Attended NAHRO Fundamentals Course, 8/17. Member of a Joint Committee with Housing
Catalyst (Finance Committee)
• Community Development Block Grant Commission. Commission Member 2004 – 2011
• Partners Mentoring Youth. Board Member (2007 – 2008), Programs Committee Chair (2008), Party for Partners Committee Member (2004
– 2007), Party for Partners Committee Co-Chair (2008)
• Leadership Fort Collins. 2003 Graduate
• United Way Finance Committee. Past Board Member
• Neighbor to Neighbor, Inc. Past Board Member
• Poudre High School. Poudre Impala Fund (Foundation), Past Board Member
• Poudre High School. Pathways Day Organizer, 1997. PACE Program Speaker
Page 176
Item 13.
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Item 13.
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Item 13.
Karen L. Dunbar, CPA
● Fort Collins ● CO ● 80521 ●
Objective My skillset with financial accounting and strong fiduciary management
matters has served me well throughout many years of working in highly
regulated, accountable and visible industries. I have learned that an ideal
position for me is to use that same skill set in assisting others to realize and
recognize their passion for giving. I have successfully directed millions of
dollars toward CSU throughout my 31 years of service.
Employment
Colorado State University (CSU)
Fort Collins, Colorado
• 2016 – present – Associate Vice President, Gift Planning
Responsible for managing all gift planning functions for CSU. With a staff
of four, we manage all revocable gift commitments, close all charitable gift
annuities, meet with legal counsel, tax counsel, financial advisors and others
as needed to successfully close gifts on behalf of CSU. My skillset with gift
transactions has allowed me to negotiate and close multiple eight-figure cash
gifts with donors throughout the years, and frankly I get a kick out of being
involved and helping in this way. We have robust marketing efforts and an
extremely successful program and it’s an absolute passion of mine to help
people realize their passions as they align with the needs of CSU.
Colorado State University Foundation (CSUF)
Fort Collins, Colorado
• 1993 – 2016 – Chief Financial Officer
Responsibilities included sound fiduciary controls and fiscal management of
CSUF assets (in excess of $500,000,000), investment manager review and
asset allocation management. Serve as Corporate Secretary/Treasurer for
Board of Directors. Specifically responsible for annual audit, budget
preparation and oversight, personnel issues, estate collections, benefit plans,
and supervising staff of 11. Throughout these 23 years, served as primary
liaison with regard to all planned gifts. Report directly to CSUF
President/CEO.
• 2002 – 2008 Director of Planned Giving Services (interim capacity, reported
to VP for University Advancement)
Responsible for planned giving program which includes:
• Administration and review of all estate gifts;
Page 179
Item 13.
• Coordinating visits with potential planned giving donors;
• Continuing education on all technical aspects of planned giving;
• Review and maintenance over web site specific to planned giving
(including responses to inquires);
• Maintenance of Frontier Society member records;
• Coordination of annual Frontier Society recognition luncheon;
• Development and maintenance of 50 member Planned Giving
Advisory Council (allied professionals – CPAs, attorneys, estate
planning services, etc);
• Various mailings to selected constituency (7,000)
• Selection and ordering planned giving brochures and disseminating to
college, units and donors;
• Creation and dissemination of planned giving marketing materials for
use by all college and units.
JP Morgan/Chase Fort Collins/Loveland
Formerly Bank One and Affiliated Bankshares of Colorado
• 1984 – 1993 Various roles including Assistant Chief Financial Officer,
Compliance Officer and Auditor. Responsibilities included operation and
maintenance of general ledger, tax, financial and cost accounting functions, as
well as supervising the accounting department operations. Duties included
extensive budgeting and financial analysis, as well as training and review of
multiple staff functions
Education Colorado State University, Fort Collins, Colorado
• Bachelor of Science in Business Administration
• Double concentration: Accounting and Industrial Relations
• Member, Beta Alpha Psi Professional Accounting Fraternity
• Graduate studies in taxation
• Achieved honor roll status each semester
Eastern Michigan University, Ypsilanti, Michigan
• Primarily core and accounting coursework
• Member, Beta Alpha Psi Professional Accounting Fraternity
• Member, Women’s varsity tennis team
• Achieved honor roll status each semester
Professional • Active CPA certificate holder
Development • American Institute of CPAs, member
• Colorado Society of CPAs, member
• Housing Catalyst, Fort Collins – Audit/Finance Committee (2023-present)
• Annual attendance, National Conference on Planned Giving (1993-present)
• Annual attendance, Rocky Mountain Endowment Conference
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Item 13.
• Attend various CASE conferences (national, regional, local)
• Attend various NACUBO Endowment Conferences
Activities • CASE – Member, National Board for Institutionally Related Foundations
(2012 – 2018)
• Former Board Member, Fort Collins Country Club (2012-2015)
• Former Board Member, Poudre School District Foundation
• Former Endowment Committee, Our Saviours Lutheran Church
• Former volunteer, CSU Women’s Association
• Former volunteer, Poudre Schools
• Former Board Member, Red Cross
• Former Finance/Budget Committee, Trinity Lutheran Church
• University of Michigan Athletic Award – Annual award by the University of
Michigan Alumni Association to a high school senior exhibiting scholastic
and academic achievement
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Item 13.
Karen Dunbar (brief bio December 2023)
Since 2016, Karen has served CSU as Associate Vice President for Gift Planning and is responsible for the
leadership and fundraising in the Gift Planning office in Advancement at CSU.
In 2022 and 2023, Karen served as Interim Vice President for University Advancement with service to
three CSU presidents during a period of transition for the university.
For 23 years, Karen served as the Vice President, Treasurer and CFO of Colorado State University
Foundation. Prior to that time, she worked for 9 years in the banking industry for a national bank and
holding company as a controller, compliance officer, and auditor.
Karen received her B.S. in Business Administration with a concentration in accounting from CSU. She is a
CPA, a member of the American Institute of CPAs, Colorado Society of CPAs, Colorado Planned Giving
Roundtable, National Association of Gift Planners and CASE (Council for Advancement and Support of
Education). As a member of CASE, she served 6 years (2012 – 2018) on the National Committee for
College and University Foundations (formerly National Board for Institutionally Related Foundations).
She is currently serving as a member of the Audit/Finance Committee for the Housing Catalyst in Fort
Collins.
Page 182
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kelly DiMartino, City Manager
SUBJECT
Resolution 2024-005 Making an Appointment to the Platte River Power Authority Board.
EXECUTIVE SUMMARY
The purpose of this item is to appoint a new City representative to the Platte River Power Authority Board
to fill the vacancy created by Kendall Minor’s resignation from the Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Under the intergovernmental agreement establishing the Platte River Power Authority (PRPA), Fort Collins
is represented by two members of the eight member PRPA Board, including the Mayor and a second
appointee appointed by Council.
On May 18, 2021, Council adopted Resolution 2021-060 making appointments of Councilmembers and
other City representatives to various boards and committees, including the appointment of Mayor Jeni
Arndt and Councilmember Julie Pignataro to the PRPA Board.
On March 31, 2022, Councilmember Pignataro resigned her appointment to the PRPA Board. This item
permits Council to appoint a new representative to the PRPA Board.
On April 5, 2022, Council adopted Resolution 2022-041, appointing Kendall Minor to join the Mayor on the
PRPA Board.
Kendall Minor’s last day of employment with the City will be January 23, 2024. This resolution appoints
Tyler Marr to the vacated seat on the PRPA Board.
CITY FINANCIAL IMPACTS
There are no financial impacts to the City in connection with this appointment.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 183
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
Page 184
Item 14.
-1-
RESOLUTION 2024-005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE PLATTE
RIVER POWER AUTHORITY BOARD
A. Pursuant to the intergovernmental agreement establishing the Platte River
Power Authority (“PRPA”), the City is entitled to representation on the eight-member
Board of Directors of PRPA by its mayor and a second appointee, to be designated by
the City Council.
B. On April 5, 2022, by adoption of Resolution 2022 -041 the City Council
appointed Kendall Minor to serve as the City’s appointed representative to the PRPA
Board.
C. Kendall Minor’s last day of employment with the City will be January 23,
2024.
D. The Council desires to appoint a second City representative to the PRPA
Board, effective immediately.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Council hereby appoints Tyler Marr to serve as the City’s
representative on the Platte River Power Authority Board (in addition to the Mayor),
effective immediately, until such time as the Council acts to modify this appointment.
Passed and adopted on January 16, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: January 16, 2024
Approving Attorney: Carrie Daggett
Page 185
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Anissa Hollingshead, City Clerk
Carrie Daggett, City Attorney
Caryn Champine, Director of Planning, Development & Transportation
Sylvia Tatman-Burruss, Senior Project Officer
SUBJECT
Second Reading of Ordinance No. 175, 2023, Repealing Ordinance No. 136, 2023, Repealing and
Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the Revised Land Use Code
and Separately Codifying the 1997 Land Use Code as the “Pre-2024 Transitional Land Use
Regulations,” and Related Ordinance No. 137, 2023, and Ordinance No. 138, 2023.
EXECUTIVE SUMMARY
This Ordinance adopted on First Reading on December 19, 2023, by a vote of 3-2 (Ayes: Mayor Arndt,
Mayor Pro Tem Francis, and Councilmember Canonico; Nays: Councilmembers Gutowsky and Ohlson;
Absent: Councilmember Peel; and Remote (non-voting): Councilmember Pignataro), includes language
repealing the associated Ordinance Nos. 137, 2023, and 138, 2023, that respectively made updates to
City Code to align with the revised Land Use Code and renamed the Neighborhood Conservation zone
districts to the Old Town zone district in alignment with the revised Land Use Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
On November 28, 2023, a referendum petition was filed with the City Clerk seeking to repeal Ordinance
No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the
Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-2024 Transitional
Land Use Regulations.”
On November 28, 2023, a protest was filed regarding the signatures of the petition. A hearing was held on
December 13, 2023, to consider the protest and the hearing officer issued a decision denying the protest
on December 14, 2023 (attached to this Agenda Item Summary for reference).
On December 14, 2023, following the completion of the protest process, the City Clerk presented the
Council with her certification of the determination that the referendum petition contains a sufficient number
of signatures (more than the required 4,228) to require further action by the Council. This certification is
also attached to this Agenda Item Summary for reference.
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Upon presentation to the Council of the petition certified as sufficient for referendum on December 14,
2023, the operation of Ordinance No. 136, 2023, was automatically suspended pending repeal by the
Council or final determination by the voters. If the Ordinance is not repealed, Council must refer the
ordinance to a vote of the registered electors of the City at the next regular election or special election
scheduled for any other purpose. Council may call a special election for this specific purpose. Because of
existing election events in 2024, there is a limited range of possible dates for a special election. This
includes between April 9 and May 21, and then again between July 30 and August 6. It is also possible to
call a special election that would be conducted as a coordinated election with Larimer County on November
5, 2024, if no other special election is held before that time.
Two main options available to the Council are presented here as Option 1 and Option 2. If Council chooses
to call a special election now for this purpose, Council will also need to adopt the ordinance provided as
Option 2A and will need to insert the date of the special election into the body of the Ordinance calling a
special election. Without adopting this ordinance, the referendum on Ordinance No. 136, 2023, would need
to occur whenever the next City election is, whether that is the regular election in November of 2025 or any
special election called before that time for another purpose.
OPTION 1 – REPEAL THE ORDINANCE
If Council chooses to repeal the protested Ordinance, it can do so by adopting on First Reading Ordinance
No. 175, 2023, Repealing Ordinance No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code
of the City of Fort Collins to Adopt the Revised Land Use Code and Separately Codifying the 1997 Land
Use Code as the “Pre-2024 Transitional Land Use Regulations”. When the revised Land Use Code was
adopted, Ordinance No. 137, 2023, Updating City Code References to Align with the Adoption of the
Revised Land Use Code, and Ordinance No. 138, 2023, Amending the Zoning Map of the City of Fort
Collins to Rename All Neighborhood Conservation Low Density, Neighborhood Conservation Medium
Density, and Neighborhood Conservation Buffer zone districts to the Old Town Zone District In Conjunction
with the Adoption of the Revised Land Use Code, were concurrently adopted. Adoption of the ordinance
repealing the revised Land Use Code includes language also repealing Ordinance Nos. 137 and 138, 2023.
If this option is approved, Council may choose to discuss next steps regarding a revised version of the
repealed Land Use Code. Staff has attached information to assist with any discussion.
OPTION 2 – REFER THE ORDINANCE TO FORT COLLINS VOTERS AT THE NEXT ELECTION
If Council chooses not to repeal the protested Ordinance, it must refer it to the voters of Fort Collins by
resolution. Council would refer the protested Ordinance to the voters by adopting Resolution 2023-115
Referring Ordinance No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code of the City of Fort
Collins to Adopt the Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the
“Pre-2024 Transitional Land Use Regulations” to a Vote of the Registered Electors of the City at the Next
Municipal Election. The Resolution directs that staff present at the next regular Council meeting a resolution
to set the ballot title for this question to voters.
AND IF DESIRED, OPTION 2A – CALL A SPECIAL ELECTION
If it is desired to call a special election at this time, that is done by ordinance in addition to the resolution
referring the Ordinance to the voters. If Council intends to call a special election, the process would be
done by adopting Ordinance No. 176, 2023, Calling a Special Election for the Purpose of Submitting to the
Registered Electors a Citizen Referendum of Ordinance No. 136, 2023, Repealing and Reenacting Section
29-1 of the Code of the City of Fort Collins to Adopt the Revised Land Use Code and Separately Codifying
the 1997 Land Use Code as the “Pre-2024 Transitional Land Use Regulations”. At the time of second
reading of this Ordinance a resolution would also be provided to set the ballot title for this question to
voters.
Page 187
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
CITY FINANCIAL IMPACTS
There will be what are likely negligible costs associated with referring Ordinance No. 136, 2023, to the next
regular municipal election on November 4, 2025 or a potential special election called for another purpose
to be conducted as part of the coordinated election on November 5, 2024.
A special election called for the purpose of submitting a referendum of Ordinance No. 136, 2023, is
estimated to cost in the likely range of $300,000-$400,000.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 188
Item 15.
- 1 -
ORDINANCE NO. 175, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 136, 2023, REPEALING AND REENACTING
SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE
REVISED LAND USE CODE AND SEPARATELY CODIFYING THE 1997 LAND
USE CODE AS THE “PRE-2024 TRANSITIONAL LAND USE REGULATIONS,”
ORDINANCE NO. 137, 2023, UPDATING CITY CODE REFERENCES TO ALIGN
WITH THE ADOPTION OF THE REVISED LAND USE CODE AND ORDINANCE NO. 138,
2023, AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS TO RENAME
ALL NEIGHBORHOOD CONSERVATION LOW DENSITY, NEIGHBORHOOD
CONSERVATION MEDIUM DENSITY, AND NEIGHBORHOOD CONSERVATION
BUFFER ZONE DISTRICTS TO THE OLD TOWN ZONE DISTRICT IN CONJUNCTION
WITH THE ADOPTION OF THE REVISED LAND USE CODE
WHEREAS, on October 17, 2023, the City Council adopted on second reading Ordinance
No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to
Adopt the Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the “Pre-
2024 Transitional Land Use Regulations” (the “Ordinance”); and
WHEREAS, on October 27, 2023, a registered elector commenced referendum
proceedings by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on November 8, 2023, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the “Referendum Petition”); and
WHEREAS, on November 28, 2023, the petition representatives filed the Referendum
Petition with the City Clerk; and
WHEREAS, on December 14, 2023, the City Clerk issued and provided to the City Council
her certification that the Referendum Petition contained the requisite number of signatures (at least
4,228) to require further action by the City Council; and
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the City
Council of a petition certified by the City Clerk as sufficient for referendum automatically
suspends the operation of the Ordinance pending repeal by the Council or final determination by
the electors; and
WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not
repealed, the Council must refer the same to a vote of the registered electors at the next regular or
special city election, or, in the alternative, call a special election for that purpose; and
WHEREAS, Council has determined that the Ordinance should be repealed; and
WHEREAS, Council has also determined that Ordinance 137, 2023, and Ordinance 138,
2023, both adopted concurrent with Ordinance 136, 2023, and respectively making conforming
changes to City Code. in light of the adoption of the revised Land Use Code and rezoning the
Page 189
Item 15.
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Neighborhood Conservation zone districts to rename them as the Old Town zone district in
alignment with the revised Land Use Code, should also be repealed.
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 Ordinance No. 136, 2023, Repealing and Reenacting Section 29-1 of
the Code of the City of Fort Collins to Adopt the Revised Land Use Code and Separately Codifying
the 1997 Land Use Code as the “Pre-2024 Transitional Land Use Regulations”, is hereby repealed
in its entirety.
Section 3. That Ordinance No. 137, 2023, Updating City Code References to Align
with the Adoption of the Revised Land Use Code, is hereby repealed in its entirety.
Section 4. That Ordinance No. 138, 2023, Amending the Zoning Map of the City of
Fort Collins to Rename All Neighborhood Conservation Low Density, Neighborhood
Conservation Medium Density, and Neighborhood Conservation Buffer Zone Districts to the Old
Town Zone District in Conjunction with the Adoption of the Revised Land Use Code, is hereby
repealed in its entirety.
Introduced, considered favorably on first reading, and ordered published this 19th day of
December, 2023, and to be presented for final passage on the16th day of January, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Passed and adopted on final reading this 16th day of January, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 190
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
January 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Teresa Roche, Human Resources Executive
SUBJECT
First Reading of Ordinance No. 009, 2024, Amending Section 2-596 of the Code of the City of Fort
Collins and Setting the Salary of the City Manager.
EXECUTIVE SUMMARY
The purpose of this item is to amend City Code to establish the 2024 salary of the City Manager. Council
met in executive session on December 19, 2023, to conduct the performance review of Kelly DiMartino,
City Manager, and to consider the salary market analysis for this position.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Council is committed to compensating employees in a manner which is market based, competitive and
based on performance. The goal as an employer is to attract, retain, engage, develop and reward a diverse
and competitive workforce to meet the needs of the community now and in the future.
The 2023 salary for the City Manager was $305,325.
Based on the market analysis for this position and guided by the City’s compensation principles and
Council's discussion during recent performance review, staff has recommended the 2024 salary for this
position.
Resolution 2019-099 establishes the process for evaluating the performance of the City Manager, City
Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted
by Council by Ordinance. This Ordinance will amend City Code to establish the 2024 compensation for
the City Manager.
CITY FINANCIAL IMPACTS
The City financial impact will be the new base salary for the City Manager as approved by Council.
Page 191
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Benchmark Cities (National and Regional) Market Information
Page 192
Item 16.
-1-
ORDINANCE NO. 009, 2024
OF THE COUNCIL OF THE CITY OF FORT
COLLINS AMENDING SECTION 2-596 OF THE
CODE OF THE CITY OF FORT COLLINS AND
SETTING THE SALARY OF THE CITY MANAGER
A. Pursuant to Article III, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Manager.
B. The City is committed to compensating its employees in a manner that is
fair, competitive and understandable.
C. The City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data and performance, and may adjust
the salary of the City Manager to bring that salary more in line with the approved market
data.
D. The City Council met with the City Manager to conduct a review and
establish next year’s goals.
E. The City Council believes that the base salary of the City Manager should
be established at the amount of $314,987 effective January 8, 2024.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 2-596 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-596. Salary of the City Manager.
The base salary to be paid the City Manager shall be three hundred five thousand
three hundred twenty-five dollars ($305,325) three hundred fourteen thousand nine
hundred eighty-seven dollars ($314,987) per annum, payable in biweekly installments.
Forty (40) percent of such sum shall be charged to the city electric utility, twenty (20)
percent to the city water utility and forty (40) percent to general government expense.
Section 2. The effective date of the salary adjustment shall be January 8, 2024,
and will be paid retroactively with the February 23, 2024, paycheck.
Page 193
Item 16.
-2-
Introduced, considered favorably on first reading on January 16, 2024, and
approved on second reading for final passage on February 6, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: February 16, 2024
Approving Attorney: Aaron Guin
Page 194
Item 16.
10th 25th 50th 75th 90th
2023 $250,000 $265,200 $297,733 $314,987 $350,002
2022 $231,323 $254,925 $293,027 $332,784 $379,553
10th 25th 50th 75th 90th
2023 $238,900 $272,072 $282,389 $304,325 $309,590
2022 $243,400 $258,479 $270,907 $291,899 $295,523
National Base Salary Percentiles
Regional Base Salary Percentiles
City Manager
Benchmark Cities Market Information
November 2023
Page 195
Item 16.
Peer City Specific Plan Plan Type Employer %Employee %Social
Security
Defined
Benefit
Available
Retiree
Healthcare Eligibility Match
Total
Contributions1
Vesting
Schedule
(Years)
Car or Car
Allowance Salary Year of Last
Increase
Annual/
Retention
Bonus
Length of
Service
Fort Collins, CO Exec. Plan 401a 10% 0% Yes No No Immediate 3% 28.4% Immediate $12,000 $305,325 2023 No 1 year
Anaheim, CA Exec. Plan 401a 5% 5% No Yes Yes Yes No
10% +
Healthcare Immediate $314,987 2023
Ann Arbor, MI Yes 401a 15% 7.5% Yes No Yes Yes No
34.9% +
Healthcare 3 $250,000 2022
Asheville, NC State DB 12.1% 6% Yes Yes No Immediate No 30.5% 5 $6,000 $254,829 2023 No 5 years
Austin, TX DB 12% 10% No Yes Yes Immediate DROP 22% +
Healthcare 5 No $350,002 2023 No <1 year
Boulder, CO Exec. Plan2 401a 14% 8% No No No Immediate No 22% 5 $297,733 2023 $3,000 2 years
Durham, NC State DB 12.1% 6% Yes Yes No Immediate No 30.5% 5 $6,000 $265,200 2023 No 2 years
Eugene, OR Exec. Plan 401a 5% 5% No Yes No Immediate No 10% Immediate $261,305
Greensboro, NC State DB 12.1% 6% Yes Yes No Immediate No 30.5% 5 $312,000
Hayward, CA Exec. Plan 401a 6% 0% No Yes No Immediate No 6% Immediate $302,619
Irving, TX Exec. Plan 401a 5% 5% No Yes No Immediate DROP 10% Immediate $293,896
Mesa, AZ Exec. Plan 401a Max 0% Yes Yes yes‐ 20 years Immediate $8,000
Max + 12.4 +
$8,000 +
Healthcare
Immediate $304,907 2023
Naperville, IL Exec. Plan 401a $20,000 0% Yes Yes No Immediate No $20,000 + 12.4% Immediate No $227,938 2023 No 19 years
Oklahoma City, OK Exec. Plan 401a 8% 8% No Yes Yes Immediate No 16% +
Healthcare Immediate $7,000 $288,102 2023 No 4 years
Palo Alto, CA Yes 401a 75% of Max 0% No Yes Yes Immediate No 75% of Max +
Healthcare 5 No $381,372 2022 No 5 years
Plano, TX Exec. Plan 401a 5% 5% No Yes Yes Immediate No 10% +
Healthcare Immediate $12,000 $333,583 2023 No 4 years
Saramento, CA Exec. Plan 401a 10% 0% No Yes Yes Immediate No 10% +
Healthcare Immediate $6,000 $400,652 2022 No 6 years
Santa Monica, CA Exec. Plan 401a 5% 5% No Yes No Immediate No 10% Immediate $347,059
Savannah, GA Immediate $7,200 $289,099 2023 No 2 years
Tallahassee, FL Exec. Plan 401k 5% Elective No Yes No Immediate Deferred
Match 5% Immediate No $272,935 2023 No 5 years
Wilmington, NC State DB 12.1% 6% Yes Yes No Immediate No 30.5% 5 $6,000 $245,700 2023 No 2 years
City Manager
Benchmark Cities (National) Market Information
November 2023
1 Total Contributions into Retirement assumes the Employer and Employee contribution, plus the match (assuming they take advantage of it), plus Social Security (if included) and Retiree Healthcare.
2 Can choose between/either the Statewide Defined Benefit Plan or the Executive 401a Plan.
Blank cells indicate data points not provided through any of our data collection sources.
Page 196
Item 16.
Local Entity Specific Plan Plan Type Employer %Employee
%
Social
Security
Defined
Benefit
Afailable
Retiree
Healthcare Eligibility Match
Total
Contributions1
Vesting
Schedule
(Years)
Car or Car
Allowance Salary
Year of
Last
Increase
Annual/
Retention
Bonus
Length of
Service
Fort Collins, CO Exec. Plan 401a 10% 0% Yes No No Immediate 3% 28.4% Immediate $12,000 $305,325 2023 No 1 year
Arvada, CO Exec. Match 401a 11% 8% No No Yes Immediate
Exec
~$25,000
19% +
$25,000 +
Healthcare
Immediate $6,000 $275,600 2022 No 11 months
Aurora, CO Exec. Plan 401a 10% 10% Yes No $244/mo Immediate ~$15,000
32.4% +
$15,000
+$244/mo
Healthcare
3 $6,000 $274,500 2022 No
5 Months;
interim
started
4/8/2023
Boulder, CO Exec. Plan2 401a 14% 8% No No No Immediate No 22% 5 $0 $297,733 2023 $3,000 1.8 years
Broomfield, CO No 401a 6% 6% Yes No/Frozen Yes Immediate No
24.4% +
Healthcare 5 $8,400 $303,992 2023 No 4 years
Greeley, CO No 401k 6% 4% Yes No No Immediate 2% 26.4% 5 $274,429 2023 $10,000 2 years
Lakewood, CO No 401a 13% 11% No No Yes Immediate No
24% +
Healthcare 5 $8,400 $310,064 2023 No 14 years
Larimer County No 401a 8% 8% Yes No Yes Immediate No
28.4% +
Healthcare 5 $263,681 2022 No 11 years
Littleton, CO Exec. Match 401a 8% 5% Yes No No Immediate ~$11,250
25.4% +
~$11,250 5 $236,000 2022 No 1 year
Longmont, CO3 No 401a 5% 6% No Yes Yes Immediate No 11% + Healthcare 3 $5,000 $289,177 2023 $40,000 11 years
Loveland, CO No 401a 9% 3% Yes No No 6 mos. No 24.4% 3 $230,642 2023 No 7 years
Thornton, CO Exec. Plan 401a 8% 12.6% Yes No Yes Immediate 1% 35% 5 $7,008 $314,070 2023 No 5.8 years
Westminster, CO No 401a 11.25% 11% No No Part of 401h Immediate No 22.25% 5 $7,500 $265,000 2023 No 1 year
City Manager
Benchmark Cities (Regional) Market Information
November 2023
1 Total Contributions into Retirement assumes the Employer and Employee contribution, plus the match (assuming they take advantage of it), plus Social Security (if included) and Retiree Healthcare.
2 Can choose between/either the Statewide Defined Benefit Plan or the Executive 401a Plan.
3 Longmont Retention Bonus of $40k given if employed end of 2023 and $20k given if employed end of 2024.
Blank cells indicate data points not provided through any of our data collection sources.
Page 197
Item 16.