HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 08/20/2024
Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, August 20, 2024
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
NOTICE:
Regular meetings of the City Council are held on the 1st and 3rd Tuesdays of each month in
the City Council Chambers. Meetings are conducted in a hybrid format, with a Zoom
webinar in addition to the in person meeting in Council Chambers.
City Council members may participate in this meeting via electronic means pursuant to
their adopted policies and protocol.
How to view this Meeting:
Meetings are open to the public
and can be attended in person
by anyone.
Meetings are available through
the Zoom platform,
electronically or by phone.
Meetings are televised live
on Channels 14 & 881 on cable
television.
Meetings are livestreamed on
the City's website, fcgov.com/fctv
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. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
Meeting agendas, minutes, an
Meeting agendas, minutes, and archived videos are available on the City's meeting portal at
https://fortcollins-co.municodemeetings.com/
There are in person and remote options for members of the public who
would like to participate in Council meetings:
Comment in real time:
During the public comment portion of the meeting and discussion items:
In person attendees can address the Council in the Chambers.
The public can join the Zoom webinar and comment from the remote
meeting, joining online or via phone.
All speakers are required to sign up to speak using the online sign up
system available at www.fcgov.com/agendas.
Staff is also available outside of Chambers prior to meetings to assist with
the sign up process for in person attendees.
Full instructions for online participation are available at fcgov.com/councilcomments.
Join the online meeting using the link in this agenda to log in on an internet-enabled
smartphone, laptop or computer with a speaker and microphone. Using earphones with a
microphone will greatly improve audio experience.
To be recognized to speak during public participation portions of the meeting, click the 'Raise
Hand' button.
Participate via phone using this call in number and meeting ID:
Call in number: 720 928 9299
Meeting ID: 982 4141 6497
During public participation opportunities in the meeting, press *9 to indicate a desire to speak.
Submit written comments:
Email comments about any item on the agenda
to cityleaders@fcgov.com
Written comments can be mailed or dropped off at the City Manager's Office
at City Hall, at 300 Laporte Ave, Fort Collins, CO 80521
Documents to Share during public participation: Persons wishing to display presentation materials using
the City’s display equipment under the Public Participation portion of a meeting or during discussion of any
Council item must provide any such materials to the City Clerk in a form or format readily usable on the
City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the
materials are to be presented.
NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to
election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the
item will be considered. See Council Rules of Conduct in Meetings for details.
City of Fort Collins Page 1 of 10 City Council Summary Agenda
City Council
Regular Meeting Agenda
August 20, 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 Delynn Coldiron
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring August 26, 2024 as Women's Equality Day.
PP 2. Declaring August 17, 2024 International Homeless Animals Day.
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/
Page 1
City of Fort Collins Page 2 of 10
• 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 July 2, 2024, and the July 16, 2024,
Regular Meetings.
The purpose of this item is to approve the minutes of the July 2, 2024, and the July 16, 2024,
regular meetings.
2. Items Relating to Golf Enterprise Expenses.
A. Second Reading of Ordinance No. 100, 2024, Appropriating Prior Year Reserves for the Golf
Enterprise.
B. Second Reading of Ordinance No. 101, 2024, Appropriating Prior Year Reserves in the Golf
Fund for the Replacement of Necessary Systems at the Southridge and Collindale Golf Courses.
Page 2
City of Fort Collins Page 3 of 10
These Ordinances, unanimously adopted on First Reading on July 16, 2024, appropriate the
amount of $730,930 from Golf Fund Reserves for necessary system replacement and an
appropriation of $350,000 from unanticipated excess revenue to the 2024 budget to address the
additional costs in Golf primarily related to higher revenues.
3. Second Reading of Ordinance No. 102, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for Park Planning and Development Funding Community Bike
Park Feasibility and Community Engagement.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates $70,000
to Park Planning and Development to conduct a community-scale bike park feasibility study as
directed by Council at the June 11 Work Session. The feasibility study will include an evaluation
of potential bike park locations, associated capital and on-going costs, identification of park
amenities and features, and a community engagement process. This item is in response to public
input from the 2021 Parks and Recreation Plan: Recreate, and recent significant community input.
4. Second Reading of Ordinance No. 103, 2024, Appropriating Philanthropic Revenue
Received by City Give for the Renovation of the Historic Carnegie Library as Designated
by the Donor.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates $100,000
in philanthropic revenue received by City Give for The Community Center for Creativity as
designated by the donor.
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.
5. Second Reading of Ordinance No. 104, 2024, Appropriating Unanticipated Revenue in the
Cultural Services and Facilities Fund for Artist and Musicians’ Fees for Shows at the
Lincoln Center.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates the
amount of $644,000 in unanticipated revenue in 2024 for expenses related to Artists and
Musicians Fees for LC Live shows at the Lincoln Center.
6. Second Reading of Ordinance No. 105, 2024, Making a Supplemental Appropriation of
Funds from the Colorado Department of Public Health and Environment, Environmental
Justice Grant for the Cultivating Community-Led Resilient Homes Project and Approving
a Related Intergovernmental Agreement.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, supports the City’s
commitment to advancing equity and environmental justice for all Fort Collins community
members by appropriating $168,874 of unanticipated grant revenue awarded by the Colorado
Department of Public Health and Environment (CDPHE) for the Cultivating Community-Led
Resilient Homes project.
7. First Reading of Ordinance No. 107, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Various Programs and Services as Designated by the
Donors.
The purpose of this item is to request an appropriation of $58,120 in philanthropic revenue
received through City Give. These 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.
Page 3
City of Fort Collins Page 4 of 10
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.
8. First Reading of Ordinance No. 108, 2024, Authorizing Transfer of Appropriations for the
Affordable Housing and Planning and Development Process Improvement Project.
The purpose of this item is to transfer matching funds in the amount of $55,000 from the Licensing,
Permitting, and Code Enforcement operating business unit to the non-lapsing grant business unit
for the Affordable Housing Development Review Process grant. On May 21, 2024, City Council
adopted Ordinance No. 059, 2024, appropriating the $200,000 awarded to the City by the State
Department of Local Affairs (DOLA).
9. First Reading of Ordinance No. 109, 2024, Making Supplemental Appropriations of New
Revenue in the 2050 Tax Park Rec Transit OCF Fund for Consulting Work Contributing to
the Transfort Optimization Study.
The purpose of this item is to appropriate 2050 Transit Tax Reserves for additional consulting
work for the Transfort Optimization Study.
10. First Reading of Ordinance No. 110, 2024, Making Supplemental Appropriations of
Unanticipated Grant Revenue in the Transit Services Fund and New Revenue From the
2050 Tax Parks Rec Transit OCF Fund for Transfort Consulting Work Related to the West
Elizabeth Corridor.
The purpose of this item is to appropriate unanticipated grant funding and 2050 Transit Tax
Reserves for additional consulting work for West Elizabeth design work.
11. First Reading of Ordinance No. 111, 2024, Appropriating Prior Year Reserves in the Parking
Services Fund for Parking Structure Maintenance, Parking Planning, and Safety.
The purpose of this item is to enable the City to appropriate Civic Center Parking Structure
(CCPS) reserve funds and Parking Services reserve funds. The funds will be used for the
completion of maintenance projects and for increased security costs. If approved, this item will:
1) appropriate $1,200,000 in CCPS Reserve funds and 2) appropriate $395,000 from Parking
Services reserves.
12. First Reading of Ordinance No. 112, 2024, Making a Supplemental Appropriation from the
U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant in support
of the Edora Pool and Ice Center Lighting System Replacement Project
The City received $206,680 in formula funds under the U.S. Department of Energy’s Energy
Efficiency and Conservation Block Grant (“EECBG”) program. The City was required to apply
under the EECBG’s voucher program, specifically to demonstrate the beneficial use of funds in
replacing the fluorescent lighting system in both ice rinks at Edora Pool and Ice Center (“EPIC”)
with an energy efficient LED lighting system. Based on the City’s successful application, this item
is to support the project by appropriating $206,680 of unanticipated revenue from the DOE.
13. First Reading of Ordinance No. 113, 2024, Making Supplemental Appropriations from Prior
Year Reserves and Developer Contributions and Authorizing Transfers of Appropriations
for the College Avenue-Trilby Road Intersection Improvements Project and Related Art in
Public Places.
The purpose of this item is to provide supplemental appropriations for the College Avenue-Trilby
Road Intersection Improvements Project (Project). The funds will be used for construction of
Page 4
City of Fort Collins Page 5 of 10
improvements at the intersection of South College Avenue and Trilby Road. If approved this item
will appropriate the following ultimate amounts as designated: 1) $11,781 from a payment-in-lieu
(PIL) to the City from a development contribution to construction; 2) $900,000 from Transportation
Capital Expansion Fee (TCEF) reserves; 3) $600,000 from Community Capital Improvement
Program (CCIP) Arterial Intersection Improvements reserves; 4) $119 (1% of PIL) from a PIL to
the City from a development contribution to construction to the Art in Public Places (APP)
program; 5) $8,820 (0.8% of TCEF Project contribution) from TCEF reserves to the APP program;
and 6) $180 (0.2% of TCEF Project contribution) for maintenance of art from the Transportation
Services fund reserves to the APP program.
14. First Reading of Ordinance No. 114, 2024, Authorizing Transfer of Appropriations from the
South Timberline Mail Creek Trail Underpass Project to the South Timberline Corridor
Project.
The purpose of this item is to reappropriate funding from the South Timberline Mail Creek Trail
Underpass project (“Underpass”) to the South Timberline Corridor project (“Corridor”). No new
funding will be appropriated.
15. First Reading of Ordinance No. 115, 2024, Making Supplemental Appropriations of Prior
Year Reserves from Developer Contributions and Authorizing Transfers for the Future Vine
and Timberline Overpass Project and Related Art in Public Places.
The purpose of this item is to enable the City to appropriate development payment-in-lieu (PIL)
funds for the Vine and Timberline Overpass Project (Project). The funds will be used for design
services and grant application support services. If approved, this item will: 1) appropriate
$273,361 received in 2016 as a development contribution to construction by an adjacent
development; and 2) appropriate $3,318 (1% of PIL) from a PIL to the City from a development
contribution to construction to the Art in Public Places (APP) program.
16. First Reading of Ordinance No. 116, 2024, Making Supplemental Appropriations of
Revenue from Developer Contributions and Authorizing Transfers for the Cordova Road
Right-of-Way Acquisition.
The purpose of this item is to appropriate developer contribution funds for the City to acquire right-
of-way for Cordova Road as provided in the development agreement for The Landing at Lemay.
If approved, this item will appropriate $500,000 received in July as a development contribution for
Cordova Road Right-of-Way Acquisition.
17. First Reading of Ordinance No. 117, 2024, Amending Chapters 12 and 19 of the Code of the
City of Fort Collins Regarding the Requirements for the Building Energy and Water Scoring
Program.
The purpose of this item is to amend City Code Chapters 12 and 19 relating to the Building Energy
and Water Scoring (BEWS) program. This amendment would modify service requirements for
municipal court citations issued under City Code Section 12-207. This item does not add any new
requirements for building owners.
Page 5
City of Fort Collins Page 6 of 10
18. Items Relating to the Laporte Avenue Multimodal Improvement Project.
A. Resolution 2024-097 Authorizing the Execution of an Amendment to An Existing
Intergovernmental Agreement between the City of Fort Collins, Colorado, and the Colorado
Department of Transportation for the Laporte Avenue Multimodal Improvement Project.
B. First Reading of Ordinance No. 118, 2024, Making Supplemental Appropriations from Grant
Revenue and Prior Year Reserves and Authorizing Transfers of Appropriations for the Laporte
Avenue Multimodal Improvement Project and Related Art in Public Places.
The purpose of this item is to reappropriate funding from the Laporte Bridges project (“Bridges”)
to the Laporte Avenue Multimodal Improvements Project (the “Project”), receive and appropriate
Colorado Department of Transportation (“CDOT”) funds, and provide supplemental
appropriations to the Project. The CDOT funds will be used for the construction of a Rectangular
Rapid Flashing Beacon (“RRFB”) signal at Laporte Avenue and Impala Drive. If approved this
item will: 1) authorize the Mayor to execute an amendment to the Intergovernmental Agreement
(the “IGA”) for the Project with CDOT; 2) appropriate $49,500 of Highway Safety Improvement
Program (“HSIP”) grant funds to the Project; 3) appropriate $330,500 from Transportation Capital
Expansion Fee (“TCEF”) reserves to the Project; 4) appropriate $175,000 from Transportation
Services Fund reserves to the Project; 5) reappropriate $517,000 from Bridges to the Project; 6)
appropriate $4,044 (0.8% of TCEF and Transportation Services Project contribution) from TCEF
reserves to the Art in Public Places (“APP”) program; 5) appropriate $1,011 (0.2% of TCEF and
Transportation Services Project contribution) for maintenance of art from the Transportation
Services Fund Reserves to the APP program.
19. First Reading of Ordinance No. 119, 2024, Making Supplemental Appropriations from
Colorado Department of Transportation Revenue for the Intersection Improvements on US-
287 (College Avenue) Project.
The purpose of this item is to appropriate Colorado Department of Transportation (CDOT)
revenue dedicated to infrastructure improvements complying with the Americans with Disabilities
Act (ADA).
20. Items Relating to the Rocky Ridge Conservation Project.
A. Resolution 2024-098 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County to Partner on the Purchase of a 484-acre Property in the Wellington Community
Separator.
B. First Reading of Ordinance No. 120, 2024, Authorizing the Conveyance to Larimer County of
a Conservation Easement and a Right of First Refusal on the Rocky Ridge Property.
The purpose of this item is to authorize an Intergovernmental Agreement (IGA) with Larimer
County for the Rocky Ridge Conservation Project. The Project will conserve 484-acres in fee
within in the Wellington Community Separator. The Ordinance will authorize the conveyance of a
conservation easement and right of first refusal on the property.
Page 6
City of Fort Collins Page 7 of 10
21. Items Relating to the Poudre Water Supply Infrastructure Wildfire Ready Action Plan.
A. Resolution No. 2024-099 Authorizing the City Manager to Enter into a Grant Agreement with
the State of Colorado Regarding the Poudre Water Supply Infrastructure Wildfire Ready Action
Plan.
B. First Reading of Ordinance No. 121, 2024, Making Supplemental Appropriations of
Unanticipated Grant Revenue, Prior Year Reserves, and Authorizing Transfers for the Poudre
Water Supply Infrastructure Wildf ire Ready Action Plan.
The purpose of this item is to support Fort Collins Utilities (Utilities) in developing a Wildfire Ready
Action Plan (WRAP) in collaboration with the City of Greeley (Greeley) and the Water Supply and
Storage Company (WSSC). The WRAP will help Utilities and its partners mitigate the vulnerability
of water supplies and water supply infrastructure in the upper Poudre and Michigan River
watersheds to the threat of wildfire. Accordingly, pursuant to Resolution No. 2024-066, the City,
Greeley, and WSSC entered into an agreement, dated May 21, 2024, to coordinate their joint
efforts related to funding and developing the WRAP. In addition, the City has recently been
awarded grant funding from the Colorado Water Conservation Board (CWCB) through the Wildfire
Ready Watershed Grant Program to assist in the development of a WRAP. Once adopted, this
resolution will authorize Utilities to enter into the Intergovernmental Grant Agreement (IGGA) with
the State of Colorado to receive funding to support the development of the WRAP. The Ordinance
will: 1) appropriate the grant revenue from the State of Colorado; 2) appropriate monetary
contributions from Greeley and WSSC; and 3) appropriate and authorize transfers of Utilities grant
match commitments.
22. First Reading of Ordinance No. 122, 2024, Designating the Chavez/Ambriz/Gonzales
Property, 724 Martinez Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant
to Fort Collins City Code Chapter 14.
The purpose of this item is to request City landmark designation for the Chavez/Ambriz/Gonzales
Property at 724 Martinez Street. In cooperation with the property owners, City staff and the
Historic Preservation Commission (Commission) have determined the property to be eligible for
designation. The property is significant under City Code 14-22(a) Standard 1, Events/Trends, for
association with the early sugar beet industry in Fort Collins, its social history, and its Hispanic
history, as well as under Standard 3, Design/Construction, as a rare example of adobe
construction in Fort Collins and including a Community Development Block Grant (CDBG)-funded
addition. The owners are requesting designation, which will provide protection of the property's
exterior and access to financial incentives for owners to use for historic properties.
23. Resolution 2024-096 Approving Participation in the Settlement with An Additional Opioid
Defendant, Kroger, and a Related Waiver of Claims.
The purpose of this item is to consider a resolution to allow the City to participate in the Colorado
Opioids Settlement with Kroger by granting approval to sign an additional participation agreement
and waiver of claims for opioid-related damages. This is in follow-up to prior approvals of
settlements with multiple other opioid defendants, negotiated through national settlement efforts
coordinated through the State of Colorado.
Page 7
City of Fort Collins Page 8 of 10
24. Resolution 2024-100 Authorizing a Second Amendment to the Intergovernmental
Agreement Between the Poudre River Public Library District, the City of Fort Collins, and
Larimer County.
The purpose of this item is to amend the Intergovernmental Agreement (IGA) between the Poudre
River Public Library District, the City and Larimer County to change the selection process when
there are vacancies on the District board. This amendment would allow the District Trustees to
interview applicants and recommend appointments for ratification by Council and the County
Board of Commissioners.
25. Items Relating to FLEX Route Regional Transit Services Intergovernmental Agreements.
A. Resolution 2024-101 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the City of Loveland for FLEX Route Regional Transit
Services.
B. Resolution 2024-102 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the Town of Berthoud for FLEX Route Regional Transit
Services.
C. Resolution 2024-103 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the County of Boulder for FLEX Route Regional Transit
Services.
D. Resolution 2024-104 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the City of Boulder for FLEX Route Regional Transit
Services.
E. Resolution 2024-105 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the City of Longmont for FLEX Route Regional Transit
Services.
The purpose of these items is to authorize the City Manager to sign separate Intergovernmental
Agreements (“IGAs”) with the City of Loveland, the Town of Berthoud, the City of Boulder, the
County of Boulder, and the City of Longmont (collectively, the “FLEX Partners”) by which the
FLEX Partners will contribute funds toward the operating cost of the FLEX Route Regional Transit
Service bus route to further the goals of regional connectivity through transit.
26. Resolution 2024-106 Approving Fort Fund Special Events Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community events
in the Special Event Grant – July Deadline category, based upon the recommendations of the
Cultural Resources 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
Page 8
City of Fort Collins Page 9 of 10
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)
• 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.
27. Second Reading of Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the
General Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
This Ordinance, adopted on First Reading by a vote of 4-2 (Nays: Ohlson, Gutowsky; Absent:
Pignataro) appropriates one-time dollars in the amount of $150,000 to be used for a Civic
Assembly engagement process in relation to the Hughes Site Plan work. Staff is also requesting
that City Council approve a sole source exception for Healthy Democracy Fund to provide
services related to the design, coordination and implementation of a civic assembly should grant
revenue bring the project above $200,000.
28. First Reading of Ordinance No. 123, 2024, Amending Chapter 4 of the Code of the City of
Fort Collins to Ban the Retail Sale of Dogs and Cats.
The purpose of this item is to ban the retail sale of dogs and cats from stores within Fort Collins
city limits.
29. Resolution 2024-107 Making an Appointment to the Affordable Housing Board.
The purpose of this item is to fill an existing vacancy on the Affordable Housing Board.
Pursuant to Council policy, the recommended appointee has completed or will complete the
required acknowledgement and acceptance of the Code of Conduct and the applicable laws and
policies that govern service on City of Fort Collins boards and commissions.
P) RESUMED PUBLIC COMMENT (if necessary)
Page 9
City of Fort Collins Page 10 of 10
Q) 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.)
R) ADJOURNMENT
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
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 Counc il 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.
Page 10
File Attachments for Item:
PP 1. Declaring August 26, 2024 as Women's Equality Day.
Page 11
PROCLAMATION
WHEREAS, equality under the law is a fundamental value of Americans; and
WHEREAS, women of the United States have worked to gain full rights and privileges -
public and private, legal or institutional - as citizens of the United States; and
WHEREAS, the fight for Women's right to vote began as early as the1840's; involved a
long struggle that spanned generations of suffragists; and the amendment, first proposed and
rejected in 1878, was reintroduced every year for the next 41 years; and
WHEREAS, women in every state and every cultural and religious group worked to secure
women's right to vote through the 19th Amendment to the Constitution, which states that "The
right of citizens of the United States to vote shall not be denied or abridged by the United States
or by any State on account of sex."; and
WHEREAS, Congress designated August 26, the date the Nineteenth Amendment was
certified, as Women's Equality Day; and
WHEREAS, this year's theme for Women' Equality Day is Inspire Inclusion and
prioritizes equity, access, and opportunity of women's work for democracy.
NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do
hereby proclaim August 26, 2024, as
WOMEN’S EQUALITY DAY
on August 26, as a national day celebrating the importance of the women's suffrage movement and
work to secure and expand equal rights today.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 20th day of August 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Page 12
Item PP 1.
File Attachments for Item:
PP 2. Declaring August 17, 2024 International Homeless Animals Day.
Page 13
PROCLAMATION
WHEREAS, The histories of animal rights and shelters have long been intertwined. It was
in the 1870s that animal protectionists began to see the lives of children and animals as similarly
vulnerable and in need of protection, and SPCAs and anti-cruelty laws began to be established.
Though animals were defined as property, cruelty was still an offense; and
WHEREAS, The 20th century saw increased protection given to house pets such as dogs
and cats, while animals that were slaughtered or working animals still received little to no
protection. Dogs and cats received even more attention from the social justice movements of the
1960s and 1970s when animal welfare groups like the ASPCA focused heavily on adoption,
fostering, and prevention of animal suffering; and
WHEREAS, Though there is no governmental organization in the United States to oversee
animal shelter regulation nationally, there are approximately 5,000 independently operated animal
shelters in the nation. Most of these shelters changed their focus in the 1990s, shifting from being
temporary animal repositories to proactively helping control the homeless pet population and
promoting pet adoption; and
WHEREAS, In 1992, the International Society for Animal Rights conceived International
Homeless Animals Day (IHAD), which has only grown in popularity by year. ISAR offers events
from dog walks to adopt-a-thons to animal blessings on IHAD, and many volunteers participate.
Today, and every day, we can all be a voice for homeless animals, and help mitigate their suffering;
and
WHEREAS, In the City of Fort Collins, many unhoused pet owners struggle to find
housing and transportation yet show an unshakable commitment to their pets. The Street Dog
Coalition, in collaboration with the City of Fort Collins, Homeward Alliance and other local
agencies have been able to provide support and veterinary care to these pets and their owners.
NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do
hereby retroactively proclaim August 27th, as
INTERNATIONAL HOMELESS ANIMALS’ DAY
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 20th day of August, 2024.
______________________________
Mayor Pro Tem
ATTEST:
__________________________
City Clerk
Page 14
Item PP 2.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the July 2, 2024, and the July 16, 2024,
Regular Meetings.
The purpose of this item is to approve the minutes of the July 2, 2024, and the July 16, 2024,
regular meetings.
Page 15
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the July 2, 2024, and the July 16, 2024, Regular
Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the July 2, 2024, and the July 16, 2024, regular
meetings.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, July 2, 2024
2. Draft Minutes, July 16, 2024
Page 16
Item 1.
City of Fort Collins Page 453 City Council Proceedings
July 2, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Month of July 2024 as Park and Recreation Month.
Mayor Arndt presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Arndt called the 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 Arndt led the Pledge of Allegiance to the American flag.
D) ROLL CALL
PRESENT
Mayor Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
E) CITY MANAGER'S AGENDA REVIEW
City Manager DiMartino provided an overview of the agenda, including:
Change to order of slides for the Charter Amendment presentation.
Protests filed related to Charter Amendments for Item Nos. #13 and #14; therefore, Council will be
conducting protest hearings for each of those items.
All items on the consent agenda were recommended for approval with no changes.
Page 17
Item 1.
City of Fort Collins Page 454 City Council Proceedings
The item on the discussion agenda was reviewed.
An executive session will not be considered.
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.)
Samantha Six commented on an altercation with another individual at Planned Parenthood which
resulted in a harassment charge for Six, despite video footage. Six stated protestors at the clinic brag
about owning Council, the Police, and judges and stated what is being allowed to occur at Planned
Parenthood is reprehensible.
Doreen Martinez, growth management area resident, urged Council to engage in a resolution to stop
the proposed concrete batch plant that is seeking to be located at 516 North Highway 287. Martinez
commented on the artificial boundary that exists between the City limits and growth management area
in terms of air pollution, negative health impacts, and noise. Martinez provided a map indicating that
area ranks 94 out of 100 in terms of negative environmental issues such as ozone and diesel
particulates. Martinez also provided a demographic map indicating the prevalence of historically
marginalized groups in the area.
Tiffin Vaughn submitted a map of the proposed concrete batch plant location noting Terry Lake is
immediately adjacent to the site. Vaughn discussed concerns about environmental pollutants, wildlife
impacts, particularly for nesting eagles, and noise pollution. Vaughn stated it is a reasonable
conclusion that this is not the proper location for the facility.
Galen Trine-McMahan discussed work with families after gun violence and human trafficking and
commented on ways crime can be decreased at multi-family developments, specifically citing a recent
murder at Northfield Commons. Trine-McMahan suggested the City provide an invitation for
developers to be consulted on security and crime prevention.
Jerry White discussed the intergovernmental agreement the City has with Larimer County regarding
land use within the growth management area. White discussed the various land use applications that
have been sought for the Aragon property since 2020, including a rezone request, application for a
concrete batch plant, a second rezoning request to eliminate a number of conditions that were placed
on the first application that would allow for a 60-foot concrete silo instead of a 40-foot silo. White
stated the dirt on the site is already polluted due to the previous salvage yard and the project will
include a 26-foot-tall concrete barrier along Terry Lake. White commended the work of Fort Collins
staff which have stated that the proposed development does not align with adopted policies and City
plans, including Our Climate Future and the Air Quality Plan.
Cherie Trine discussed Council’s efforts to punish free speech in the City and commented on the court
hearing for peaceful protestors at a City Council meeting. Trine stated protest needs to happen when
government is at fault in immoral wars and stated Police officers do not understand peaceful protest.
Tasha Carr spoke about the proposal for a small cell facility near her property, which she stated is
unsuitable due to the extremely small lot size and proximity of her home to the right-of-way.
Additionally, Carr noted a new utility structure will need to be installed and stated her home’s living
room windows and patio are located only fifteen feet from the planned facility which will greatly impede
future landscaping and parking plans. Carr stated the guidance is to maximize the use of existing
utility structures and to locate the facilities along main corridors and arterials, not on narrow residential
streets. Carr requested her property no longer be considered for the proposed facility location.
Page 18
Item 1.
City of Fort Collins Page 455 City Council Proceedings
Kevin Cross, Fort Collins Sustainability Group, thanked Council for removing the methane franchise
fee increase from its long-term planning calendar and instead urged Council to consider implementing
a large methane user fee, which would not impact residential natural gas consumers. Cross
commented on the benefits of such a fee.
Rorey (no last name given) noted the proposed concrete batch plant would be located directly across
from Terry Lake Mobile Home Park and very close to five other mobile home parks in the area. Rorey
stated the EPA has found the amount of particulate matter dust emitted by concrete batch plants is
such that negative health impacts and premature deaths that would, in this case, disproportionately
impact low-income residents and residents of color. Rorey urged Council to adopt a resolution
opposed to the proposed concrete batch plant.
Jerry Gavaldon discussed the proposed public input process changes and opposed placing public
participation at the end of meetings. Gavaldon commended the Police Chief and officers.
Fred Kirsch, Community for Sustainable Energy, thanked City staff for evaluating climate spending
priorities prior to asking for additional resources. Kirsch encouraged staff to prioritize projects on a
cost-effectiveness basis with a social lens.
Elizabeth Mahon spoke in favor of greater automated traffic enforcement in general and in support of
Ordinance No. 083, 2024, Appropriating Prior Year Reserves in the Redlight Camera Fund Within the
General Fund for Additional Staffing for Municipal Court and City Attorney’s Office to Support the
Increased Police Enforcement Cases, specifically.
Emma Freeman discussed her job speaking with Fort Collins residents and read an email from a
Peace Corps volunteer who lives in district 6 which expressed concern about the strategy behind
imposing a fee on natural gas. The letter expressed concern the fee would unfairly affect individuals
who have no control over the type of energy being used in their households and stated the measure
does little to encourage homeowners or businesses to switch to alternative energy sources.
Additionally, the letter encouraged Council to ensure climate funds are allocated to projects that are
strictly most climatologically urgent.
August-Carter Nelson discussed recent actions by the national Republican party and stated Council
listening to members of its constituency is a smokescreen for refusing to do more. Nelson commented
on the large number of people who support Council adopting a Gaza ceasefire resolution and stated
small, incremental changes are not enough.
Julie Rowan-Zoch commended the decision to remove the methane fee from consideration and
supported a fee for large methane users. Additionally, Rowan-Zoch requested Council adopt a Gaza
ceasefire resolution.
Kimberly Conner requested Council adopt a Gaza ceasefire resolution and highlighted an Israeli
human rights organization that is also calling for a ceasefire.
Public comment ended at 6:45 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Canonico requested follow-up on the concrete batch plant and asked what steps are
being taken. City Manager DiMartino replied the City provides comments regarding alignment with
City standards for any development proposed for the growth management area that could at some
point be annexed into the city limits. Staff has reviewed this proposal and submitted written comments
identifying a number of ways in which the development does not align with City standards. City
Manager DiMartino stated staff does not typically engage further; however, there have been some
instances in the past wherein Council has adopted a resolution taking a position on a project.
Page 19
Item 1.
City of Fort Collins Page 456 City Council Proceedings
Councilmember Canonico stated she would bring forward a formal request under Other Business.
Councilmember Pignataro asked about the date for the concrete plant land use hearing. City Manager
DiMartino replied the item has yet to be scheduled. Deputy City Manager Marr replied staff anticipates
having enough lead time on the scheduling of the hearing for Council to potentially consider a
resolution and noted County staff is still compiling comments.
Councilmember Pignataro thanked the speakers and commended Trine-McMahan’s
recommendation, and suggested Chamber representatives could possibly pass the idea along to
developers.
Councilmember Pignataro requested staff follow-up regarding Carr’s concerns about the cell facility.
Councilmember Potyondy requested additional information regarding management of the situation at
Planned Parenthood and expressed concern the situation is consistently brought up. She also
requested staff provide some information regarding the history of the large methane user fee.
Councilmember Ohlson supported fellow Councilmembers on their various topics and requests and
also requested follow-up on where the discussion of the large methane user fee may fit now that the
dedicated climate tax is in place. Additionally, he reiterated the request for follow-up on the Planned
Parenthood situation and requested information on the Police Services training. He thanked staff for
providing a memo on Council’s options regarding the concrete batch plant and stated he supports all
three options.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the June 18, 2024 Regular Meeting.
The purpose of this item is to approve the minutes of the June 18, 2024 regular meeting.
Approved.
2. Second Reading of Ordinance No. 080, 2024, Amending Ordinance No. 107, 2023, and
Appropriating Prior Year Reserves Designated for Fire Services in the Fire Protection
Capital Expansion Fund for Payment to the Poudre Fire Authority to be Used to Pay for a
New Headquarters Building.
This Ordinance, unanimously adopted on First Reading on June 18, 2024, appropriates and
reappropriates funds from the Fire Protection Capital Expansion Fund and transfer funds to
Poudre Fire Authority (PFA) for purchase of a new Headquarters Building.
Adopted on Second Reading.
3. First Reading of Ordinance No. 083, 2024, Appropriating Prior Year Reserves in the
Redlight Camera Fund Within the General Fund for Additional Staffing for Municipal Court
and City Attorney’s Office to Support the Increased Police Enforcement Cases.
The purpose of this item is to appropriate $179,122 from the Redlight Camera Fund to add
additional staffing for Municipal Court (1 full time equivalent [FTE]) and the City Attorney’s Office
Prosecution Team (2 FTE’s) to support the Traffic Safety initiative and the increased number of
enforcement cases that are already occurring. This new staffing will handle increases in police
Page 20
Item 1.
City of Fort Collins Page 457 City Council Proceedings
enforcement cases and is in addition to the request for the Automated Vehicle Identification
Systems (AVIS) and speed corridors item also being presented to Council on July 2, 2024.
Adopted on First Reading.
4. First Reading of Ordinance No. 084, 2024, Appropriating Philanthropic Revenue Received
Through City Give for the Lincoln Center, Cultural Services.
The purpose of this item is to request and appropriation of $12,500 in philanthropic revenue
designated for the Lincoln Center, Cultural Services designated as a Sponsorship.
Adopted on First Reading.
5. First Reading of Ordinance No. 085, 2024, Appropriating Philanthropic Revenue Received
Through City Give for the Community Development and Neighborhood Services 2024
AARP Community Challenge.
The purpose of this item is to request an appropriation of $20,000 in philanthropic revenue
received through City Give for Neighborhood Services, Community Development and
Neighborhood Services, Planning, Development & Transportation to support healthy outcomes
for residents’ homes through three, one-day, homeowner workshops at Skyline, North College,
and Harmony Village mobile home communities.
Adopted on First Reading.
6. First Reading of Ordinance No. 086, 2024, Appropriating Philanthropic Revenue Received
Through City Give for NextGen, Volunteer Services.
The purpose of this item is to request an appropriation of $20,000 in philanthropic revenue
received through City Give for the designated support of NextGen, Volunteer Services.
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 First Reading.
7. Items Relating to the Repeal and Reenactment of Certain Ordinances.
A. First Reading of Ordinance No. 087, 2024, Repealing Ordinance No. 074, 2024, and Making
Supplemental Appropriations in the Community Development Block Grant Fund.
B. First Reading of Ordinance No. 088, 2024, Repealing Ordinance No. 075, 2024, and Making
Supplemental Appropriations in the HOME Investments Partnerships Grant Fund.
C. First Reading of Ordinance No. 089, 2024, Repealing Ordinance No. 076, 2024, and Making
Supplemental Appropriation for the Charter Review Council Priority from General Fund Reserves.
D. First Reading of Ordinance No. 090, 2024, Repealing Ordinance No. 077, 2024, and
Appropriating Philanthropic Revenue Received Through City Give for the Cultural Community
Program Through Cultural Services.
E. First Reading of Ordinance No. 091, 2024, Repealing Ordinance No. 078, 2024, and
Appropriating Prior Year Philanthropic Revenue Reserves Received by City Give for the 9/11
Memorial at Spring Park.
Page 21
Item 1.
City of Fort Collins Page 458 City Council Proceedings
F. First Reading of Ordinance No. 092, 2024, Repealing Ordinance No. 079, 2024, and Making a
Supplemental Appropriation and Authorizing Transfer of Appropriations for The Gardens on
Spring Creek Internship Program.
Due to a publication error, staff requests Council repeal each Ordinance as they were adopted on
June 18, 2024. These Ordinances were unanimously adopted on First Reading on June 4, 2024.
Ordinances Adopted on First Reading.
8. First Reading of Ordinance No. 093, 2024, Calling a Special Election to be Held in
Conjunction with the November 5, 2024, Larimer County General Election.
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the
November 5, 2024, Larimer County Coordinated Election, and to preserve the opportunity for
Council to place initiated or referred issues on the November ballot.
Adopted on First Reading.
9. Resolution 2024-081 Approving the 2024 Certification to the Larimer County Assessor
Pursuant to Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown
Development Authority Property Tax Increment.
The purpose of this item is to certify to the Larimer County Assessor the percentages of property
tax distributions to be allocated for the Downtown Development Authority by the Assessor as tax
increment from the 2024 property taxes payable in 2025 to the City and to all other affected taxing
entities.
Adopted.
10. Items Relating to the Appointment and Reappointment of Assistant Municipal Court
Judges.
A. Resolution 2024-082 Reappointing Brandi Nieto as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
B. Resolution 2024-083 Reappointing Kristin Brown as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
C. Resolution 2024-084 Reappointing Sarah Simchowitz as an Assistant Municipal Judge of the
Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
D. Resolution 2024-085 Appointing John William Sierra as an Assistant Municipal Judge of the
Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
E. Resolution 2024-086 Appointing Laura Hinojos as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
F. Resolution 2024-087 Appointing Whitney Stark as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
G. Resolution 2024-088 Appointing Linda Cooke as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
H. Resolution 2024-089 Appointing Jana Kaspar as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
The purpose of this item is to reappoint three Assistant Municipal Judges and to appoint five new
Assistant Municipal Judges for the Fort Collins Municipal Court. The City Charter provides for the
Page 22
Item 1.
City of Fort Collins Page 459 City Council Proceedings
appointment of judges of the Municipal Court for two-year terms. Chief Judge Jill A. Hueser
recommends that John William Sierra, Laura Hinojos, Whitney Stark, Linda Cooke, and Jana
Kaspar be appointed as Assistant Municipal Judges, and that Brandi Nieto, Kristin Brown and
Sarah Simchowitz be reappointed as Assistant Municipal Judges to serve in the absence of the
Chief Judge.
Resolutions Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to approve the
recommended actions on items 1-10 on the consent calendar.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, and Councilmembers Canonico, Pignataro,
Gutowsky, Ohlson, and Potyondy.
Nays: None.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Gutowsky discussed Item No. 6, First Reading of Ordinance No. 086, 2024,
Appropriating Philanthropic Revenue Received Through City Give for NextGen, Volunteer Services,
and the OtterCares program preparing teens for the workforce.
Mayor Arndt welcomed the new and returning judges that were appointed per Item No. 10, Items
Relating to the Appointment and Reappointment of Assistant Municipal Court Judges.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Canonico thanked those who made Bike to Work (or Wherever) Day a huge success.
She also reported on attending the World Refugee Day celebration put on by Church W orld Service
Fort Collins and noted she has been appointed to the Front Range Passenger Rail District which is
attempting to bring passenger rail to Fort Collins soon.
Councilmember Gutowsky reported on attending the unveiling of the 9/11 memorial along Spring
Creek.
Councilmember Potyondy also reported on attending the unveiling of the 9/11 memorial and thanked
individuals from the Equity and Inclusion Department and others for work to make NoCo Pride a joyful
celebration. Additionally, she reported on attending the recent Colorado Municipal League conference
and invited all to participate in the Independence Day festivities.
Mayor Arndt encouraged everyone to enjoy Independence Day but to be safe.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
Clerk’s Note: Mayor Arndt called for a break at 7:03 p.m. The meeting resumed at 7:16 p.m.
Page 23
Item 1.
City of Fort Collins Page 460 City Council Proceedings
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
11. Items Relating to Residential Occupancy Ordinance.
A. First Reading of Ordinance No. 081, 2024, Amending the Land Use Code of the City of Fort
Collins to Remove Residential Occupancy Limitations.
B. First Reading of Ordinance No. 082, 2024, Amending the Code of the City of Fort Collins to
Conform with the Removal of Residential Occupancy Limitations from the Land Use Code.
The purpose of this item is to consider adoption of changes to the City’s Land Used Code and
Municipal Code to comply with House Bill 24-1007, which prohibits residential occupancy limits
based on familial relationship.
PUBLIC COMMENT:
No public comment.
COUNCIL DISCUSSION:
Councilmember Ohlson stated the State legislature and Governor made a huge overreach on this
and other land use issues during the last session. He stated the legislation should have occurred
with more respect for home rule and local control and stated the legislation was poorly written and
will likely be revisited in the next several years.
Councilmember Ohlson commented on the benefits of the occupancy ordinance in Fort Collins,
including improved appearance and functionality of neighborhoods as well as increased
affordability. He stated he has spent over twenty years lobbying for, passing, and defending the
occupancy ordinance and is proud of that work.
Mayor Arndt expressed appreciation for Councilmember Ohlson’s comments and commended
the path Fort Collins was on working together as a community. She noted these changes exist
to align with the actions of the State and stated everyone is committed to the quality of life in Fort
Collins, noting the public nuisance ordinance remains in effect.
Councilmember Gutowsky stated she will vote differently than she did on the First Reading. She
concurred with Councilmember Ohlson that the State legislation was an overreach and a cookie
cutter solution for occupancy. Additionally, the legislation took away Council’s opportunity to deal
with Fort Collins issues in its way. She stated she will support the decision, but reiterated
concerns about overreach.
Councilmember Pignataro thanked her fellow Councilmembers for their comments and stated this
will hopefully put minds at ease for the 1,500 or so households in Fort Collins who have been
breaking the occupancy ordinance simply because that is how they need to live in order to have
a roof over their heads.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt on
Second Reading, Ordinance No. 081, 2024, Amending the Land Use Code of the City of
Fort Collins to Remove Residential Occupancy Limitations.
The motion carried, 5-2.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Pignataro, Potyondy, and
Canonico.
Nays: Councilmembers Gutowsky and Ohlson.
Page 24
Item 1.
City of Fort Collins Page 461 City Council Proceedings
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt on
Second Reading, Ordinance No. 082, 2024, Amending the Code of the City of Fort Collins
to Conform with the Removal of Residential Occupancy Limitations from the Land Use
Code.
The motion carried, 5-2.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Pignataro, Potyondy, and
Canonico.
Nays: Councilmembers Gutowsky and Ohlson.
12. Items Relating to a City Initiated Charter Amendment Relating to Elections.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 094, 2024, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Proposed Amendments to Article VIII of the City Charter Relating to
Elections.
The purpose of this item is to set ballot language regarding proposed amendments to Article VIII
of the City Charter relating to election provisions.
Any protest of the proposed ballot language must be received no later than Monday, July 1, 2024,
at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of
the related Ordinance. If protests are received, copies will be included in Council's "Read Before
the Meeting" packet.
STAFF PRESENTATION:
Rupa Venkatesh, Assistant City Manager, stated Mayor Arndt and Councilmembers Canonico
and Pignataro were this year’s appointments to the Election Code Committee (ECC) and this
presentation reflects recommendations from the ECC and staff focusing on the following key
themes: modernizing language, simplifying and clarifying pr ocess in the Code for both staff and
the public, and removing ambiguities.
City Clerk Delynn Coldiron stated the proposed changes are meant to deal with Code
inconsistencies, provide clarification, deal with process complexity, and bring the Code more in
line with the Colorado Municipal Election Code.
City Clerk Coldiron outlined the proposed changes to Charter Articles VIII, IX, and X, which include
adding gender-inclusive language, making language more active, changing references from ‘mail’
to ‘send,’ and making changes to time computation. She further detailed the proposed process
and language changes to Article VIII, specifically noting no changes related to campaign
contributions are being proposed. Additionally, City Clerk Coldiron presented the proposed ballot
language.
PUBLIC COMMENT:
None.
COUNCIL DISCUSSION:
Mayor Arndt commended these items as a good start to the overall cleanup of the Charter and
noted these changes are not substantive.
Page 25
Item 1.
City of Fort Collins Page 462 City Council Proceedings
Councilmember Canonico noted these changes will bring Fort Collins more in alignment with the
Colorado Municipal Election Code.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt on First
Reading, Ordinance No. 094, 2024, submitting to a vote of the registered electors of the
City of Fort Collins Proposed amendments to Article VIII of the City Charter relating to
elections.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
13. Items Relating to a City Initiated Charter Amendment Relating to Recall.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 095, 2024, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Repealing and Reenacting Article IX of the City Charter Relating to
Recall.
The purpose of this item is to set ballot language regarding proposed amendments to Article IX
of the City Charter relating to recall provisions.
Any protest of the proposed ballot language must be received no later than Monday, July 1, 2024,
at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of
the related Ordinance. If protests are received, copies will be included in Council's "Read Before
the Meeting" packet.
STAFF PRESENTATION:
City Clerk Coldiron outlined the proposed changes to Article IX relating to recalls, including
modernizing the language, changing the computation of time, and reorganizing the material,
which is what requires the repeal and reenactment. She discussed the protest that was submitted
regarding petition submittal and detailed the changes noting the timeframe has not been reduced.
Coldiron detailed the other proposed changes and protest related to adding a 90-120 day time
period wherein an election would be scheduled. She noted the proposal is for scheduling an
election on the earliest possible Tuesday that the City Clerk could legally and logistically make
that happen. She cited the blackout periods for voter registration data that the Secretary of State
puts in place around elections. Additionally, City Clerk Coldiron presented the proposed ballot
language.
PROTEST HEARING:
Mayor Arndt noted the protestor is not present and no Councilmembers had any questions related
to the protest.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, that Council deny
the protest based on the information presented.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
Page 26
Item 1.
City of Fort Collins Page 463 City Council Proceedings
PUBLIC COMMENT:
None.
COUNCIL DISCUSSION:
Councilmember Pignataro asked when ranked choice voting will be able to be conducted by the
City as most elections are now coordinated with the County. City Clerk Coldiron replied ranked
choice voting will be implemented through the County in 2025.
Councilmember Pignataro asked if the City would be running a recall election. City Clerk Coldiron
replied experts who have ranked choice voting equipment in place would need to be sought if the
recall election was not part of a regular November election.
Councilmember Ohlson noted no Councilmember has been recalled in the last 50 years. He
thanked the ECC for its work on the issues and asked what is meant by the next available Tuesday
for holding a recall election. City Clerk Coldiron replied a full calendar would be laid out and it
would be months prior to that election actually occurring.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt on First
Reading, Ordinance No. 095, 2024, submitting to a vote of the registered electors of the
City of Fort Collins repealing and reenacting Article IX of the City Charter relating to recall.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
14. Items Relating to a City Initiated Charter Amendment Relating to Initiative and Referendum.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 096, 2024, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Repealing and Reenacting Article X of the City Charter Relating to
Initiative and Referendum.
The purpose of this item is to set ballot language regarding proposed amendments to Article X of
the City Charter relating to initiative and referendum provisions.
Any protest of the proposed ballot language must be received no later than Monday, July 1, 2024,
at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of
the related Ordinance. If protests are received, copies will be included in Council's "Read Before
the Meeting" packet.
STAFF PRESENTATION:
City Clerk Coldiron outlined the proposed changes to Article X relating to initiatives and
referendums, including modernizing the language, changing the computation of time, and
reorganizing the material, which is what requires the repeal and reenactment. She detailed the
proposed process updates, including the proposal allowing for the City Clerk to work with the City
Attorney to summarize ordinance language for initiative and referendum petitions.
Page 27
Item 1.
City of Fort Collins Page 464 City Council Proceedings
City Clerk Coldiron stated the proposal was to remove the cure period for simplification purposes,
which was protested. The current process does allow for an additional 15 days to get more
signatures if the petition is not sufficient, and that process has been used in the past. City Clerk
Coldiron noted there is no cure period allowed by the Colorado Municipal Election Code. She
outlined the possible options, including increasing the initial circulation time to 70 or 77 days and
removing the cure period.
City Clerk Coldiron discussed another protest related to election timing noting the protest sought
to keep the requirement for having an election within 120 days, though the proposal is to change
that to the earliest workable November election. Additionally, City Clerk Coldiron presented the
proposed ballot language.
PROTEST HEARING:
Mayor Arndt noted the protestor is not present.
Mayor Pro Tem Francis expressed support for increasing the total time for circulating initiative
petitions to either 70 or 77 days. Mayor Arndt concurred.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, in considering
Ordinance No. 096, 2024, incorporate modifications to address the concerns raised in the
protest about total time for circulating initiative petitions.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
PUBLIC COMMENT:
None.
COUNCIL DISCUSSION:
Councilmember Ohlson noted many more signatures are required for an initiative than a
referendum and expressed support for increasing the circulation time. He commented on his
experience using the cure period for an initiative in 1992.
Councilmember Potyondy also expressed support for extending the initial circulation time and
asked if petition circulators are encouraged to acquire a number of signatures over and above the
required amount. City Clerk Coldiron replied in the affirmative and outlined a plan for proactive
outreach.
City Attorney Daggett discussed the location of the number that would be modified should Council
desire to increase the circulation period.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt on First
Reading, Ordinance No. 096, 2024, submitting to a vote of the registered electors of the
City of Fort Collins repealing and reenacting Article X of the City Charter relating to
initiative and referendum, amending 2(e)(1) to change the circulation period to 77 days.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
Page 28
Item 1.
City of Fort Collins Page 465 City Council Proceedings
Clerk’s Note: Mayor Arndt called for a break at this point in the meeting. The meeting
resumed at 8:19 p.m.
15. Items Relating to Traffic Safety Initiative – Automated Vehicle Identification System (AVIS)
Corridors.
A. First Reading of Ordinance No. 097, 2024, Amending the Fort Collins Traffic Code to
Implement a New Automated Vehicle Identification System (AVIS) to Replace the Previously-
Approved AVIS to Support the Traffic Safety Initiative.
B. First Reading of Ordinance No. 098, 2024, Designating Speed Corridors Pursuant to Fort
Collins Traffic Code Section 1106.
C. First Reading of Ordinance No. 099, 2024, Making Supplemental Appropriations to Support
Additional Staffing and Expenses for Implementation of the Automated Vehicle Identification
System Traffic Safety Initiative.
The purpose of this item is to recommend a proposal from Police Services and Planning,
Development and Transportation (PDT), supported by the City Attorney's Office (CAO), and
Municipal Court. This proposal stems from recent changes to Colorado law related to the
expanded use of unmanned speed enforcement with Automated Vehicle Identification Systems
(AVIS), on sections of roadways designated by the Council as speed corridors. The initiative's
primary goal is to promote traffic safety through speed enforcement and supports Vision Zero, the
Council's goal of eliminating Fort Collins roadway fatalities and reducing injury crashes.
STAFF REPORT:
Lieutenant Jerrod Kinsman stated the Traffic Safety Initiate piggybacks on Council’s Vision Zero
initiative which has the goal of reducing fatal and serious injury accidents to zero. Kinsman
discussed the study results from the City’s red-light cameras which are operating at six different
locations and noted speeding tickets are issued in those locations for speeds exceeding the speed
limit by 11 miles per hour or more.
Seargent Mike Averick provided additional detail on the 11 miles per hour over speed limit number
noting state statute requires additional processes, including a warning, for violations that are less
than 10 miles per hour over the speed limit. The 11 miles per hour number eliminates that warning
period which makes the program more efficient.
Kinsman went on to discuss the corridors recommended for speed corridor consideration in the
ordinances that are part of this item. Additionally, Kinsman discussed the court process that
occurs with red light camera violations.
PUBLIC COMMENT:
None.
COUNCIL DISCUSSION:
Councilmember Potyondy commended the presentation and stated she would support this item
as road safety is a pressing issue.
Councilmember Pignataro asked if the fees that are gathered from the red-light tickets will go back
into initiatives that make the community road safer. Kinsman replied in the affirmative and stated
Page 29
Item 1.
City of Fort Collins Page 466 City Council Proceedings
the fees have been earmarked for traffic safety in all aspects of the City, which could include
infrastructure improvements, programs, services, or employees related to traffic safety.
Councilmember Canonico commended the presentation and work on the item. She stated her
research has shown other communities are using the AVIS infrastructure to detect noise violations
and asked if this vendor has that capability. Kinsman replied he was unsure if this vendor has that
capability; however, addressing noise issues in the community is on the slate for additional work.
Mayor Arndt commented on the numbers of people who speed in the community and thanked staff
for providing the data and commended their work on the issue.
Councilmember Ohlson stated this item speaks to the values and priorities of this Council. He
commended the data and graphics provided in the presentation and asked if the level of the regular
Police officer traffic enforcement going to stay at least at its current level given the red-light tickets
are no points and only $40. Kinsman replied all current traffic enforcement will continue.
Councilmember Gutowsky commended the work session report and this presentation. She asked
some questions from constituents citing speed concerns on South College near Dairy Queen and
Whole Foods. Kinsman replied there will be many new areas with this tool that will become good
‘catch’ areas. He also clarified the state law does not support using AVIS for noise enforcement ;
therefore, traditional forms of noise enforcement will continue.
Councilmember Gutowsky asked about truck traffic in the downtown area, particularly around
Mountain and College. Kinsman replied truck traffic that should not be going through there is
addressed and they are fined significantly if they are utilizing the roadway to avoid the highway
port.
Councilmember Gutowsky asked under what circumstances large trucks would be allowed in that
area. Kinsman replied they would be allowed for local deliveries.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt on First
Reading, Ordinance No. 097, 2024, Amending the Fort Collins Traffic Code to Implement a
New Automated Vehicle Identification System (AVIS) to Replace the Previously-Approved
AVIS to Support the Traffic Safety Initiative.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt on First
Reading, Ordinance No. 098, 2024, Designating Speed Corridors Pursuant to Fort Collins
Traffic Code Section 1106.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt on First
Reading, Ordinance No. 099, 2024, Making Supplemental Appropriations to Support
Additional Staffing and Expenses for Implementation of the Automated Vehicle
Identification System Traffic Safety Initiative.
Page 30
Item 1.
City of Fort Collins Page 467 City Council Proceedings
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
City Manager DiMartino recognized Lieutenant Jerrod Kinsman who will retire on Friday after 25
years in law enforcement.
16. Resolution 2024-090 Adopting Amended Rules of Procedure Governing the Conduct of
City Council Meetings and Council Work Sessions.
The purpose of this item is to consider updates to the Council Meeting Rules of Procedure that
ensure the public has the opportunity to speak on all agenda items, provide general public
comment, and allow the Council to effectively execute the business of the City. The update to the
Meeting Rules also includes alignment to Ordinance No. 39, 2024 and clarification as to the
purposes of staff, community and Council reports.
STAFF PRESENTATION:
Rupa Venkatesh, Assistant City Manager, stated this update will organize regular Council
meetings to ensure people have the opportunity to speak on all agenda items, including general
public comment, consent and discussion items, and to allow Council to effectively execute the
business of the City, update the rules to align with recent Code changes, and clarify to the public
the purpose of community, staff, and Council reports by adding definitions to each of these in the
rules of procedure.
Venkatesh noted there have been 31 meetings since October of 2022 when public comment sign-
up was first required that 40 or fewer people have signed up to speak; therefore, staff is
suggesting that the first general comment period is allocated for 40 speakers, or perhaps more if
time allows up to 90 minutes. Venkatesh presented the proposed meeting agenda which would
include the aforementioned public comment section as well as a section allowing for public
comment for consent items prior to Council consideration of the Consent Calendar. Additionally,
public comment would remain for any discussion item and an agenda item would be added to
resume general public comment prior to Other Business.
Ginny Sawyer, Senior Policy Manager, stated any individual within the first 40 to sign up would
receive a message indicating their place in the queue and any individual beyond the first 40 would
receive a message indicating the first public comment portion will conclude after 90 minutes;
therefore, their place in the queue may fall later in the meeting. Additionally, Sawyer noted the
Mayor may adjust the initial public comment period if desired.
Venkatesh noted individuals will see how many speakers have already signed up when they open
the link to do so.
PUBLIC COMMENT:
None.
COUNCIL DISCUSSION:
Councilmember Potyondy expressed support for most of the proposed changes and supported
limiting general public comment at the beginning of the meeting because on the occasions
wherein many speakers speak during general public comment, an equity issue could arise in
terms of people being actively engaged in agenda items at a reasonable time of the evening. She
expressed some concern about the equity issues with the first come, first served nature of being
Page 31
Item 1.
City of Fort Collins Page 468 City Council Proceedings
able to sign up on the website and suggested potentially randomizing those who have signed up
during the open window.
Mayor Arndt stated that is a good point; however, she noted individuals can speak to any agenda
item which does present some predictability.
Councilmember Potyondy expressed concern about losing the voices of those who may not have
many organized speakers but may still want to discuss an emergent issue in their neighborhood
or in the community.
Councilmember Canonico noted people will always have the opportunity to speak at one point or
another and concurred with Mayor Arndt.
Councilmember Pignataro asked if there will be a specific time when public comment sign-up
opens. Venkatesh replied that the sign-ups currently open when the agenda gets posted, which
has been at random times on Thursdays; however, it has been discussed to post the agendas
and open sign-ups at a specific time on Thursdays.
Councilmember Ohlson requested staff clarify some language in the resolution. City Attorney
Daggett stated some punctuation items do need to be cleaned up prior to posting. She outlined
the options for clarifying the provision in the rule as mentioned by Councilmember Ohlson,
including striking the recital and renumbering the others.
Councilmember Ohlson asked about the use of the word ‘misusing’ stating it is quite broad. City
Attorney Daggett replied it is intended to be broad as it is difficult to define what kinds of things
someone could be doing in the building that staff does not intend for them to be doing.
Councilmember Ohlson requested a summary of the reason sign-ups are now required for public
comment. Sawyer replied the sign-up helps to provide an understanding of how many
constituents are speaking versus non-constituents. Additionally, it is helpful to know ahead of
time a rough number of speakers and the sign-up helps to manage remote participation as well.
Councilmember Ohlson asked what occurs if a technically challenged person arrives at 5:30 and
wants to sign up. Sawyer replied there is not a great deal of leeway; however, staff does try to
help people sign up, though there will be times when people do not make the cut-off.
Councilmember Ohlson requested an explanation of the suggestion for the 40 speakers, 90
minutes. Sawyer replied Council has a variety of high-priority jobs, including listening to
constituents and doing City business, and City business can only occur at meetings; however,
listening to constituents can occur either at meetings, through email, or through listening sessions.
Sawyer stated this piece is aimed at providing a balance.
Councilmember Ohlson stated he would support the item; however, it is a difficult decision as it is
a large change, though Fort Collins remains one of the best municipalities in the region for in-
meeting public participation.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt
Resolution 2024-090 Adopting Amended Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions, removing “E”.
Mayor Pro Tem Francis stated she will support the item as it provides additional predictability and
transparency about business items at an appropriate hour.
Councilmember Pignataro thanked Sawyer for her synopsis and stated Council makes its best
decisions when there is a predictable cadence of when the decisions are made. She commented
Page 32
Item 1.
City of Fort Collins Page 469 City Council Proceedings
on changes that have been made to public comments to this point and noted they have been
positive.
Councilmember Potyondy stated her biggest concern is ensuring people who have obstacles to
engagement have an equal opportunity. She concurred with Sawyer’s synopsis of the various
ways in which individuals can connect with Councilmembers.
Councilmember Gutowsky thanked Sawyer for the reminder about why the sign-ups have been
valuable and stated community comment is her favorite portion of meetings; however, she
expressed support for the proposal and balance it provides.
Mayor Arndt thanked staff for the great work.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
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.)
Mayor Pro Tem Francis requested and received Council support for having Council consider
a resolution regarding the concrete batch plant at its next meeting.
Councilmember Ohlson clarified that there will be a new recreation center in southeast Fort
Collins with two or three pools and stated his point of frustration was that the Parks and
Recreation refresh tax money would be spent on parts of the complex other than the pools,
which he thought would violate how the tax was described to the public.
Councilmember Canonico asked if staff is preparing the requested memo related to the
details of what the ballot language stated. City Manager DiMartino replied that was not
included in the work session follow-up memo and noted the topic will be addressed holistically
in the fall with additional information as to the scope and cost of the project. However, she
stated an additional memo could be provided if desired.
OB 2. Consideration of a motion to cancel the Tuesday, August 6, 2024, Regular Council
meeting:
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, pursuant to
City Code Section 2-28(a), that Council cancel its regular meeting on Tuesday, August
6, 2024, due to Neighborhood Night Out.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy,
Canonico, Pignataro, and Gutowsky.
Nays: None.
Page 33
Item 1.
City of Fort Collins Page 470 City Council Proceedings
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:26 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 34
Item 1.
City of Fort Collins Page 471 City Council Proceedings
July 16, 2024
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 Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
ABSENT
Councilmember Julie Pignataro
STAFF PRESENT
City Manager Kelly DiMartino
Deputy City Attorney Jenny Lopez Filkins
City Clerk Delynn Coldiron
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 with no changes.
The items on the discussion agenda were reviewed.
Page 35
Item 1.
City of Fort Collins Page 472 City Council Proceedings
Staff Report regarding the Police Explorers Program.
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.)
Kimberly Conner discussed two Instagram accounts regarding Palestine and Gaza and requested
Council adopt a ceasefire resolution.
Cherie Trine discussed the famine in Gaza and stated Israel is still using bombs from the United States.
Trine discussed a peaceful protest at Prospect and I-25 during which a banner was torn down and
stolen, and a protestor was struck by the individual’s car. Trine discussed the lack of Police response
to the issue.
Rachel Griffin spoke in opposition to the concrete batch plant proposed for the Aragon property. Griffin
cited air pollution and the negative health impacts of such a plant.
Greg Owsley spoke in opposition to the concrete batch plant proposed for the Aragon property. Owsley
discussed studies indicating batch plants near residential communities lead to health damage and
premature deaths which far outweigh the economic development benefits. Additionally, Owsley
discussed truck traffic and resulting air pollution. Owsley also noted the majority of the neighborhoods
that will be disproportionately impacted are of lower income.
Susan Rychel spoke in opposition to the concrete batch plant proposed for the Aragon property. Rychel
read a letter from Kent Rychel regarding the effects of the plant on a Blue Heron rookery in Terry Lake
that is 200 yards from the proposed batch plant.
Andre Dunn discussed the illegal seizure of CSU land grant parcels from sovereign tribal nations,
including the former Hughes Stadium site. Dunn encouraged Council to repatriate the land to the
indigenous people enabling them to freely practice their spirituality and heal the land.
Tiffin Vaughn spoke in opposition to the concrete batch plant proposed for the Aragon property and
discussed the memo from City Planner Puga outlining the reasons the plant does not fit City policies.
Claire Kopp discussed businesses in Colorado and Fort Collins that support the Israeli army and United
States defense contractors. Kopp suggested these are the reasons Council will not support a ceasefire
resolution.
Glenna Brissey spoke in opposition to the concrete batch plant proposed for the Aragon property stating
it would be an eyesore for the area and is a heavily industrial and dangerous use. Brissey also
discussed water, sewer, and air quality concerns and spoke of detrimental impacts to wildlife.
Greg Brissey spoke in opposition to the concrete batch plant proposed for the Aragon property stating
the site is not zoned for such a use. Brissey discussed the impacts of increased truck traffic, toxic
diesel fumes, and dust and noise issues.
Elizabeth Hudetz discussed PRPA ’s lack of investment in clean energy initiatives and continued
investment in methane fuel generation. Hudetz announced a rally at the PRPA facility on July 17th.
Joe Rowan discussed the limits of governmental restraint and commented on a Supreme Court
decision which scolded County Commissioners in California for foisting the cost of visionary plans upon
Page 36
Item 1.
City of Fort Collins Page 473 City Council Proceedings
the future. Rowan discussed Council’s decision in 2017 to essentially double the development impact
fee through capital expansion fees.
Ann Hutchison, Fort Collins Area Chamber of Commerce, expressed support for the City’s street
maintenance program and expressed support for referring the extension of the tax measure to the
ballot.
Amanda Finch spoke in support of Item No. 10, Items Relating to Traffic Safety Initiative – Automated
Vehicle Identification System (AVIS) Corridors, and stated the key to a successful program is the
signage implementation to make people aware of the zones. Finch stated the goal of the program
should be to protect not to profit.
Jerry (no last name given) spoke in opposition to the concrete batch plant proposed for the Aragon
property and discussed the several variances that have been requested for the project pertaining to
onsite wastewater treatment, fire protection requirements, building height, and others. Additionally,
Jerry discussed the large number of conditions for the proposal.
Public comment concluded at 6:48 p.m.
H) PUBLIC COMMENT FOLLOW-UP
None.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Second Reading of Ordinance No. 083, 2024, Appropriating Prior Year Reserves in the
Redlight Camera Fund Within the General Fund for Additional Staffing for Municipal Court
and City Attorney’s Office to Support the Increased Police Enforcement Cases.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, appropriates $179,122
from the Redlight Camera Fund to add additional staffing for Municipal Court (1 full time equivalent
[FTE]) and the City Attorney’s Office Prosecution Team (2 FTE’s) to support the Traffic Safety
initiative and the increased number of enforcement cases that are already occurring. This new
staffing will handle increases in police enforcement cases and is in addition to the request for the
Automated Vehicle Identification Systems (AVIS) and speed corridors item also being presented
to Council on July 2, 2024.
Adopted on Second Reading.
2. Second Reading of Ordinance No. 084, 2024, Appropriating Philanthropic Revenue
Received Through City Give for the Lincoln Center, Cultural Services.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, requests an appropriation
of $12,500 in philanthropic revenue designated for the Lincoln Center, Cultural Services
designated as a Sponsorship.
Adopted on Second Reading.
Page 37
Item 1.
City of Fort Collins Page 474 City Council Proceedings
3. Second Reading of Ordinance No. 085, 2024, Appropriating Philanthropic Revenue
Received Through City Give for the Community Development and Neighborhood Services
2024 AARP Community Challenge.
The Ordinance, unanimously adopted on First Reading on July 2, 2024, requests an appropriation
of $20,000 in philanthropic revenue received through City Give for Neighborhood Services,
Community Development and Neighborhood Services, Planning, Development and
Transportation to support healthy outcomes for residents’ homes through three, one-day,
homeowner workshops at Skyline, North College, and Harmony Village mobile home
communities.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 086, 2024, Appropriating Philanthropic Revenue
Received Through City Give for NextGen, Volunteer Services.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, is to request an
appropriation of $20,000 in philanthropic revenue received through City Give for the designated
support of NextGen, Volunteer Services.
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. Items Relating to the Repeal and Reenactment of Certain Ordinances.
A. Second Reading of Ordinance No. 087, 2024, Repealing Ordinance No. 074, 2024, and Making
Supplemental Appropriations in the Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 088, 2024, Repealing Ordinance No. 075, 2024, and Making
Supplemental Appropriations in the HOME Investments Partnerships Grant Fund.
C. Second Reading of Ordinance No. 089, 2024, Repealing Ordinance No. 076, 2024, and Making
Supplemental Appropriation for the Charter Review Council Priority from General Fund Reserves.
D. Second Reading of Ordinance No. 090, 2024, Repealing Ordinance No. 077, 2024, and
Appropriating Philanthropic Revenue Received Through City Give for the Cultural Community
Program Through Cultural Services.
E. Second Reading of Ordinance No. 091, 2024, Repealing Ordinance No. 078, 2024, and
Appropriating Prior Year Philanthropic Revenue Reserves Received by City Give for the 9/11
Memorial at Spring Park.
F. Second Reading of Ordinance No. 092, 2024, Repealing Ordinance No. 079, 2024, and Making
a Supplemental Appropriation and Authorizing Transfer of Appropriations for The Gardens on
Spring Creek Internship Program.
These Ordinances, unanimously adopted on First Reading on July 2, 2024, were requested by
staff to repeal each Ordinance as they were adopted on June 18, 2024, due to a publication error.
These Ordinances were unanimously adopted on First Reading on June 4, 2024.
All Items Adopted on Second Reading.
Page 38
Item 1.
City of Fort Collins Page 475 City Council Proceedings
6. Second Reading of Ordinance No. 093, 2024, Calling a Special Election to be Held in
Conjunction with the November 5, 2024, Larimer County General Election.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, calls a Special Municipal
Election to be held in conjunction with the November 5, 2024, Larimer County Coordinated
Election, and to preserve the opportunity for Council to place initiated or referred issues on the
November ballot.
Adopted on Second Reading.
7. Second Reading of Ordinance No. 094, 2024, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Article VIII of the City Charter
Relating to Elections.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language
regarding proposed amendments to Article VIII of the City Charter relating to election provisions.
Adopted on Second Reading.
8. Second Reading of Ordinance No. 095, 2024, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Repealing and Reenacting Article IX of the City Charter
Relating to Recall.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language
regarding proposed amendments to Article IX of the City Charter relating to recall provisions.
Adopted on Second Reading.
9. Second Reading of Ordinance No. 096, 2024, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Repealing and Reenacting Article X of the City Charter
Relating to Initiative and Referendum.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language
regarding proposed amendments to Article X of the City Charter relating to initiative and
referendum provisions.
Adopted on Second Reading.
10. Items Relating to Traffic Safety Initiative – Automated Vehicle Identification System (AVIS)
Corridors.
A. Second Reading of Ordinance No. 097, 2024, Amending the Fort Collins Traffic Code to
Implement a New Automated Vehicle Identification System (AVIS) to Replace the Previously -
Approved AVIS to Support the Traffic Safety Initiative.
B. Second Reading of Ordinance No. 098, 2024, Designating Speed Corridors Pursuant to Fort
Collins Traffic Code Section 1106.
C. Second Reading of Ordinance No. 099, 2024, Making Supplemental Appropriations to Support
Additional Staffing and Expenses for Implementation of the Automated Vehicle Identification
System Traffic Safety Initiative.
These Ordinances, unanimously adopted on First Reading on July 2, 2024, recommend a proposal
from Police Services and Planning, Development and Transportation (PDT), supported by the City
Attorney's Office (CAO), and Municipal Court. This proposal stems from recent changes to
Colorado law related to the expanded use of unmanned speed enforcement with Automated
Vehicle Identification Systems (AVIS), on sections of roadways designated by the Council as
Page 39
Item 1.
City of Fort Collins Page 476 City Council Proceedings
speed corridors. The initiative's primary goal is to promote traffic safety through speed
enforcement and supports Vision Zero, the Council's goal of eliminating Fort Collins roadway
fatalities and reducing injury crashes.
All Items Adopted on Second Reading.
11. Items Relating to Golf Enterprise Expenses.
A. First Reading of Ordinance No. 100, 2024, Appropriating Prior Year Reserves for the Golf
Enterprise.
B. First Reading of Ordinance No. 101, 2024, Appropriating Prior Year Reserves in the Golf Fund
for the Replacement of Necessary Systems at the Southridge and Collindale Golf Courses.
The purpose of these items is to consider an appropriation of $730,930 from Golf Fund Reserves
for necessary system replacement and an appropriation of $350,000 from unanticipated excess
revenue to the 2024 budget to address the additional costs in Golf primarily related to higher
revenues.
All Items Adopted on First Reading.
12. First Reading of Ordinance No. 102, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for Park Planning and Development Funding Community Bike
Park Feasibility and Community Engagement.
The purpose of this item is to request an appropriation of $70,000 to Park Planning and
Development to conduct a community-scale bike park feasibility study as directed by Council at
the June 11 Work Session. The feasibility study will include an evaluation of potential bike park
locations, associated capital and on-going costs, identification of park amenities and features,
and a community engagement process. This item is in response to public input from the 2021
Parks and Recreation Plan: Recreate, and recent significant community input.
Adopted on First Reading.
13. First Reading of Ordinance No. 103, 2024, Appropriating Philanthropic Revenue Received
by City Give for the Renovation of the Historic Carnegie Library as Designated by the
Donor.
The purpose of this item is to request appropriation of $100,000 in philanthropic revenue received
by City Give for The Community Center for Creativity as designated by the donor.
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 First Reading.
14. First Reading of Ordinance No. 104, 2024, Appropriating Unanticipated Revenue in the
Cultural Services and Facilities Fund for Artist and Musicians’ Fees for Shows at the
Lincoln Center.
The purpose of this item is to consider an appropriation of $644,000 in unanticipated revenue in
2024 for expenses related to Artists and Musicians Fees for LC Live shows at the Lincoln Center.
Adopted on First Reading.
Page 40
Item 1.
City of Fort Collins Page 477 City Council Proceedings
15. First Reading of Ordinance No. 105, 2024, Making a Supplemental Appropriation of Funds
from the Colorado Department of Public Health and Environment, Environmental Justice
Grant for the Cultivating Community-Led Resilient Homes Project and Approving a Related
Intergovernmental Agreement.
The purpose of this item is to support the City’s commitment to advancing equity and
environmental justice for all Fort Collins community members by appropriating $168,874 of
unanticipated grant revenue awarded by the Colorado Department of Public Health and
Environment (CDPHE) for the Cultivating Community-Led Resilient Homes project.
Adopted on First Reading.
16. Resolution 2024-091 Approving the Acquisition and Installation of a Public Asphalt Art
Mural on Canyon Avenue.
The purpose of this item is to approve the acquisition and installation of a work of art at the
intersection of Canyon/Magnolia/Sherwood, which exceeds $30,000 in cost. Council has
previously appropriated $25,000 (appropriated 5/7/24) from the Bloomberg Asphalt Art
Innovations Grant which will be used to partially fund the installation. Additional funds to be used
for this project will come from the Community Capital Improvement Program for Pedestrian
Sidewalk/ADA compliance and Bicycle Infrastructure Improvements, which will support the traffic
calming elements of the project. The total project cost of $56,500 will cover artist honorarium,
materials, traffic plans, barricades, installation, ADA materials, site preparation striping and
community engagement supplies.
Adopted.
END OF CONSENT CALENDAR
The motion carried 6-0.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to approve the
recommended actions on items 1-16 on the Consent Calendar.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Gutowsky commented on Item No. 16, Resolution 2024-091 Approving the
Acquisition and Installation of a Public Asphalt Art Mural on Canyon Avenue, and discussed the traffic
calming effects of such installations.
Councilmember Ohlson asked if the proposed schedule for Item No. 12, First Reading of Ordinance
No. 102, 2024, Appropriating Prior Year Reserves in the Conservation Trust Fund for Park Planning
and Development Funding Community Bike Park Feasibility and Community Engagement, will work
in tandem with the process of outreach on the Hughes Stadium site. City Manager DiMartino replied
this item is coming forward now to ensure coordination between the two projects. Ginny Sawyer,
Senior Policy and Project Manager, stated the two project teams are working closely together.
Councilmember Gutowsky discussed the bicycle facility survey which showed a bike park to be of a
lower priority than other infrastructure and requested clarification. Sawyer replied there was some
question as to how people wanted to categorize their bike infrastructure priorities and there may have
been some overlap in distinguishing between the two. Sawyer stated it will be further addressed with
Parks.
Page 41
Item 1.
City of Fort Collins Page 478 City Council Proceedings
L) STAFF REPORTS
A. Highlight the Explorer Program from Fort Collins Police Services.
The purpose of this item is to highlight and recognize the Fort Collins Police Services’ Explorer
Program for the volunteer services the members provide to Fort Collins Police Services and the
community and to recognize the Explorers who recently participated in a national Explorer
competition.
Frank Barrett, Assistant Police Chief, provided an overview of the Explorer Program, which is a
volunteer program for youth ages 15-21 who are interested in the criminal justice field. Barrett
commented on the leadership, communication, teamwork, and conflict resolution skills provided by
the program. Barrett discussed the structure of the program and outlined the services provided by
participants in the community. Barrett recognized the Police Officer advisors who work with the
Explorers as mentors. Additionally, Barrett discussed a recent national Explorer competition in
Topeka, Kansas during which the Fort Collins group placed second overall.
Sage Madden, Explorer Program Lieutenant, and Emily Barrett, Explorer Program Seargent,
discussed working with the Explorer program.
Mayor Arndt asked how long an Explorer can serve. Madden replied Explorers can serve from
ages 15-21.
Councilmember Gutowsky commented on an individual who works with security operations within
the City who graduated from the Explorer program.
Councilmember Ohlson asked if any graduates of the program have gone on to become Police
Officers either in Fort Collins or elsewhere. Assistant Police Chief Barrett replied the program has
been very successful in recruiting efforts with Explorers and there are at least four Police Services
Officers who started out in the program, as well as one dispatcher and one professional staff
member.
Councilmember Potyondy thanked the Explorers for their service to the community.
M) COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
Attended the event during which Transfort received a $2.4 million grant from the Federal
Transit Administration to fund its accessibility enhancement project which includes ten new
ADA compliant bus stops to help accommodate future service expansion on North College
Avenue.
Councilmember Melanie Potyondy
Visit to the site for an upcoming solar project in Severance that will serve PRPA.
Councilmember Tricia Canonico
Participated in a workshop in Washington, D.C. that was a collaboration between the
National League of Cities and the National Urban Research and Extension Center at
Washington State University.
Reported on her neighbor, John Lambert, who was hit by a car on his bicycle at the end of
June and succumbed to his injuries on July 3rd. She reminded everyone to be mindful of
vulnerable road users.
Page 42
Item 1.
City of Fort Collins Page 479 City Council Proceedings
(Clerk’s Note: Mayor Arndt called for a brief recess at 7:14 p.m. The meeting resumed at 7:30
p.m.)
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
17. Items Relating to the Civic Assembly Process.
A. First Reading of Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the General
Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
B. Resolution 2024-092 Approving an Exception to the Competitive Purchasing Process to
Procure Professional Services from Healthy Democracy Fund Related to a Civic Assembly
Process for the Hughes Master Plan.
The purpose of this item is to appropriate one-time dollars in the amount of $150,000 to be used
for a Civic Assembly engagement process in relation to the Hughes Site Plan work. Staff is also
requesting that City Council approve a sole source exception for Healthy Democracy Fund to
provide services related to the design, coordination and implementation of a civic assembly
should grant revenue bring the project above $200,000.
Rupa Venkatesh, Assistant City Manager, stated the Council Futures Committee learned about
civic assemblies at a recent meeting and stated staff is proposing the idea of a civic assembly as
one engagement tool in the Hughes Site Master Plan process.
Rahmin Sarabi, American Public Trust, detailed the civic assembly process and stated civic
assemblies empower the wisdom of ‘we the people’ to solve tough public problems and bridge
divides. Sarabi stated the Council ultimately has the final say and may choose to accept some of
the assembly’s recommendations and not accept others. Sarabi noted a civic assembly differs
from typical public engagement in terms of who is in the room, what is happening in the room,
and how recommendations are generated. Participants are selected through a civic lottery via
invitations and recommendations are typically generated with super majority support.
Linn Davis, Health Democracies, further detailed the selection by civic lottery process, which
includes sending invitations to random households allowing individuals to opt in to the lottery.
Davis noted the key aspect of the lottery is that it creates a representative microcosm of the larger
public. Davis discussed the standard compensation and benefits provided to members of the
assembly to help decrease barriers to participation. Davis went on to detail the way assembly
participation works to create supportive problem solving and discussed the super majority aspect
of recommendation generation.
Sarabi stated his organization would assist in this process by helping work with national funders
and to support City staff with any local or regional funders to match the City’s funds to allow for a
fuller, more robust assembly process.
PUBLIC COMMENT:
None.
COUNCIL DISCUSSION:
Mayor Arndt noted the time for the process was referenced as four to eight days and requested
additional detail. Davis replied one of the things that makes these processes different is the
Page 43
Item 1.
City of Fort Collins Page 480 City Council Proceedings
cohesion of the panel and building of camaraderie and stated panels are often done over a couple
weekends. Davis stated it is not a preference to do evenings for more full-fledged processes.
Councilmember Canonico asked how this process would ensure minority groups are well-
represented. Sarabi replied this should not replace any existing engagement spaces the City has
created to welcome the minority voice. Additionally, the lottery process is meant to be as inclusive
as possible across demographics and key stakeholder groups would provide testimony to
assembly members. Davis reiterated the assembly process does not replace any of the other
public input processes that make democracy function and stated it is beneficial to have
assemblies work in concert with other processes. Venkatesh noted the Equity and Inclusion
Office has been doing ongoing work with the indigenous community and that work will continue
in conjunction with this process.
Councilmember Gutowsky asked how it will be ensured that all minority groups are represented
in the assembly. Ginny Sawyer, Senior Policy and Project Manager, replied there will be check-
in points with Council to ensure needs are being met as the process is designed.
Councilmember Potyondy noted the lottery process does involve some stratification and is not a
pure lottery process. Additionally, she noted the civic assembly does not take away the
opportunity for engagement by all.
Councilmember Gutowsky asked about the overall timeframe for the process. Sawyer replied
staff has discussed running the assembly process in the first quarter of next year.
Mayor Pro Tem Francis expressed support for the item stating it is a creative approach to getting
a more representative and diverse set of inputs.
Mayor Arndt also expressed support for the item and applauded staff for bringing forth a new idea,
particularly citing the fact that the Hughes Stadium site was taken to the ballot.
Councilmember Gutowsky stated she would not support the item and expressed concern about
spending the money on a process that is superfluous. She stated voters directed Council to use
tax dollars to purchase the property for the purpose stated in the initiative, specifically low-impact
activities. She stated she does not believe a civic assembly process is necessary to answer a
question that has already been answered.
Councilmember Potyondy stated the decision about the use of the property has yet to be made
due to the broad ballot language. She supported the civic assembly process to determine the
vision of taxpayers and noted Council will be the ultimate decision maker.
Councilmember Canonico also expressed support for the item stating it will be an opportunity for
the community try a new process to provide input as to what exactly should be done with the
property.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt on First
Reading Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the General Fund
for a Civic Assembly Process in relation to the Hughes Stadium site.
The motion carried 4-2.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico and Potyondy.
Nays: Councilmembers Gutowsky and Ohlson.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Resolution 2024-092, Approving an Exception to the Competitive Purchasing Process to
Procure Professional Services from Healthy Democracy Fund Related to a Civic Assembly
Process for the Hughes Master Plan.
Page 44
Item 1.
City of Fort Collins Page 481 City Council Proceedings
The motion carried 4-2.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico and Potyondy.
Nays: Councilmembers Gutowsky and Ohlson.
18. Items Relating to the Submission to the Voters of a Ballot Question Extending the Quarter-
Cent Sales and Use Tax for the Street Maintenance Program.
The purpose of this item is to set the ballot language and refer the Street Maintenance Program
tax renewal to the November 5, 2024, election.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. Resolution 2024-093 Submitting to the Registered Electors of the City at the November 5,
2024, Regular City Election the Question of the Extension of the Expiring Quarter-Cent Sales and
Use Tax Used to Fund the City’s Street Maintenance Program.
Any protest of the proposed ballot language must be received no later than Monday, July 17,
2024, at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption
of the related Ordinance. If protests are received, copies will be included in Council's "Read Before
the Meeting" packet.
Ginny Sawyer, Senior Policy and Project Manager, stated this item would refer a ballot question
for the City’s street maintenance program. Sawyer outlined the history of the tax, noting this is a
renewal, not an increase, and stated staff is recommending a 20-year term on the renewal as
opposed to a 10-year term. Sawyer discussed what is funded by the street maintenance tax
dollars, provided a history of the city’s dedicated taxes, and provided the proposed ballot
language.
PUBLIC COMMENT:
None.
COUNCIL DISCUSSION:
Councilmember Ohlson asked why the ¼ cent tax, which would ultimately raise $10-11 million
annually, is listed as $8.7 million per year. Travis Storin, Chief Financial Officer, replied the portion
of the tax that is going directly to the street maintenance program is $8.7 million, and the
remainder is used for traffic signals and other assets.
Councilmember Ohlson questioned why the entire amount is not committed to street maintenance
specifically to make things more transparent. Storin replied the language change is to clarify a
practice that has been an eligible use for the life of the tax, noting some of those types of assets
have been previously funded by the tax.
Councilmember Ohlson expressed concern about the concrete replacement program which has
flaws and lacks oversight and expressed concern about the ballot language, particularly the
wording ‘but not limited to.’
Mayor Pro Tem Francis requested clarification as to whether this is clarifying the ballot language
to be more transparent. Storin replied no eligible uses for the tax dollars are being added;
however, more specific definitions are being added to historic uses.
Councilmember Canonico noted a significant number of street miles have been added to the
network over the past ten years and asked how many more are anticipated over the next twenty
years as the city is nearing build out. Storin replied that will largely be driven by the growth
management area and annexations rather than construction of new lane miles. He stated specific
numbers could be provided in writing.
Page 45
Item 1.
City of Fort Collins Page 482 City Council Proceedings
Mayor Arndt expressed support for the item and the specifics provided in the ballot language.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Resolution 2024-093 Submitting to the Registered Electors of the City at the November 5,
2024, Regular City Election the Question of the Extension of the Expiring Quarter-Cent
Sales and Use Tax Used to Fund the City’s Street Maintenance Program.
The motion carried 5-1.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Gutowsky, Potyondy, and
Canonico.
Nays: Councilmember Ohlson.
19. Resolution 2024-094 Regarding the City’s Position on the Northern Integrated Supply
Project.
The purpose of this item it to update and clarify the City’s position on the Northern Integrated
Supply Project (NISP) in light of current project status and the potential that Northern Water may
seek a 1041 permit from the City.
Deputy City Manager Tyler Marr noted NISP has been ongoing for decades and stated the City
has taken positions on the project since 2008. Marr noted two major things have happened since
Council last took a position in 2020: Northern Water was awarded a 404 permit from the Corps of
Engineers, which signals the completion of the federal permitting process, and, in May of 2023,
Council adopted 1041 regulations which is a set of regulations pertaining to environmental
considerations for large infrastructure projects. Marr noted Northern Water may seek a 1041
permit from the City which would require a quasi-judicial process predicated on the notion of a
fair and non-prejudicial hearing; therefore, staff is recommending Council rescind its previous
positions on NISP.
PUBLIC COMMENT:
None.
COUNCIL DISCUSSION:
Councilmember Potyondy asked if Council’s previous statements could be used as reason to say
it is not going into the process in a non-biased manner. Marr replied staff believes rescinding the
previous positions recognizes the new stage of the project.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Resolution 2024-094 Regarding the City’s Position on the Northern Integrated Supply
Project.
The motion carried 5-1.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Potyondy, Canonico, and
Gutowsky.
Nays: Councilmember Ohlson.
20. Resolution 2024-095 Expressing Opposition to a Concrete Batch Plant Proposed within the
City’s Growth Management Area.
Larimer County is processing a development application for a proposed concrete batch plant near
the intersection of Highway 287 and Terry Lake Road. Planning staff sent comments to County
Planning staff on January 29, 2024. Planning staff commented that the development proposal
does not align with the vision and plans for Fort Collins in this area. As such, Planning staff do
not support the development proposal.
Page 46
Item 1.
City of Fort Collins Page 483 City Council Proceedings
On July 2, 2024, City Council discussed the development proposal during Other Business and
requested a resolution to formally express their opposition to the development project.
PUBLIC COMMENT:
Doreen Martinez commented on the importance of keeping up with the science in terms of
environmental issues, particularly environmental justice, and noted the populations that are
directly adjacent to the proposed concrete plant are primarily lower-income and Spanish
speaking. Additionally, Martinez commented on the number of variances and conditions being
sought by the proposal.
COUNCIL DISCUSSION:
Mayor Arndt expressed support for the resolution and thanked those who spoke on the topic.
Councilmember Gutowsky asked about the zoning of the property. Clay Frickey, Planning
Manager, replied the property is currently zoned in the County, but if it were to be annexed into
the City, it would likely be zoned as a commercial property which would not permit heavy industrial
uses.
Councilmember Gutowsky asked what impact this resolution would have on the situation. Frickey
replied the passage of the resolution would give Council the ability to speak to the County
Commissioners when there is a hearing for the project and would also require staff to keep Council
updated as to the progress of the project as it goes through the County’s development review
process. Additionally, Frickey noted the County Land Use Code requires the County to ask the
City to provide comments as to whether the plan is in concurrence with the future vision for the
City if the property were to be annexed and whether it is eligible for annexation. Frickey noted
City planning staff provided information to County planning staff regarding the fact that this project
is not in concurrence with the City’s vision for the future of the corridor and that the property is not
eligible for annexation as it is not contiguous with City limits.
Deputy City Manager Tyler Marr noted adoption of this resolution ups what would normally be
done for any standard review and would allow staff to represent Council at any County hearing.
Councilmember Canonico expressed support for the resolution and thanked staff for working
quickly to bring it forth.
Councilmember Ohlson expressed support for the resolution but noted it took public comment for
Council to be made aware of the issue. He asked what can be done in the future when a County
project is opposed by City staff. City Manager DiMartino replied this issue has started to spur
some internal dialogue around the threshold for these matters. She noted the process has
historically been for the City to provide written comments and only to engage at more of an
advocacy level if so directed by Council.
Mayor Pro Tem Francis noted this issue was brought up by staff at Leadership Planning Team.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt
Resolution 2024-095 Expressing Opposition to a Concrete Batch Plant Proposed within the
City’s Growth Management Area.
The motion carried 6-0.
Page 47
Item 1.
City of Fort Collins Page 484 City Council Proceedings
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.)
None.
OB 2. Consideration of a Motion to go into Executive Session.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, that the City
Council go into executive session pursuant to:
- City Charter Article Roman Numeral Two, Section 11(2),
- City Code Section 2-31(a)(2), and
- Colorado Revised Statutes Section 24-6-402 subsection (4)(b)
for the purpose of discussing with the City’s attorneys and appropriate management
staff the following:
1. specific legal questions related to oil and gas regulatory compliance and
enforcement actions pending for the Fort Collins field; and
2. the manner in which the particular policies, practices or regulations of the City and
existing or proposed provisions of federal, state or local law may affect oil and gas
regulatory compliance and enforcement for the Fort Collins field.
3. specific legal questions related to collective bargaining with the Fraternal Order of
Police and the manner in which particular policies, practices or regulations of the City
related to collective bargaining and employment may be affected by existing or
proposed provisions of federal, state or local law.
And pursuant to:
- City Charter Article Roman Numeral Two, Section 11(1),
- City Code Section 2-31(a)(1)(d), and
- Colorado Revised Statutes Section 24-6-402 subsection (4)(f)(I),
for the purpose of discussing with the City’s attorneys and appropriate management
staff personnel and strategy matters relating to negotiations with the Fraternal Order
of Police.
The motion carried 6-0.
The Council met in executive session beginning at 8:54 p.m. with a recording made. Present
were:
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Page 48
Item 1.
City of Fort Collins Page 485 City Council Proceedings
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
City Manager Kelly DiMartino
Deputy City Attorney Jenny Lopez Filkins
Chief Sustainability Officer Jacob Castillo
Special Counsel Matt Saura
Assistant City Attorney Ted Hewitt
City Clerk Delynn Coldiron
Deputy City Manager Tyler Marr
All the same attendees were present at the conclusion of the first portion of this the executive
session at 9:22 p.m.
The Council met in a second discussion 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
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
City Manager Kelly DiMartino
Deputy City Attorney Jenny Lopez Filkins
City Clerk Delynn Coldiron
Deputy City Manager Tyler Marr
Police Deputy Chief Greg Yeager
Human Resources Executive Teresa Rosche
All the same attendees were present at the conclusion of the executive session at 10:14 p.m.
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:16 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 49
Item 1.
File Attachments for Item:
2. Items Relating to Golf Enterprise Expenses.
A. Second Reading of Ordinance No. 100, 2024, Appropriating Prior Year Reserves for the Golf
Enterprise.
B. Second Reading of Ordinance No. 101, 2024, Appropriating Prior Year Reserves in the Golf
Fund for the Replacement of Necessary Systems at the Southridge and Collindale Golf
Courses.
These Ordinances, unanimously adopted on First Reading on July 16, 2024, appropriate the
amount of $730,930 from Golf Fund Reserves for necessary system replacement and an
appropriation of $350,000 from unanticipated excess revenue to the 2024 budget to address the
additional costs in Golf primarily related to higher revenues.
Page 50
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Victoria Shaw, Senior Manager, FP&A, Community Services
Scott Phelps, Senior Manager Parks/Golf
Dean Klingner, Community Services Director
SUBJECT
Items Relating to Golf Enterprise Expenses.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 100, 2024, Appropriating Prior Year Reserves for the Golf Enterprise.
B. Second Reading of Ordinance No. 101, 2024, Appropriating Prior Year Reserves in the Golf Fund for
the Replacement of Necessary Systems at the Southridge and Collindale Golf Courses.
These Ordinances, unanimously adopted on First Reading on July 16, 2024, appropriate the amount of
$730,930 from Golf Fund Reserves for necessary system replacement and an appropriation of $350,000
from unanticipated excess revenue to the 2024 budget to address the additional costs in Golf primarily
related to higher revenues.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on Second Reading.
BACKGROUND / DISCUSSION
Since 2019, Golf revenues have been growing at an average compound growth rate of 9% per year,
excluding transfers and proceeds from Certificates of Participation (COPs). The heightened revenue is
driven by increased patronage and participation in golf-related activities, demonstrating a positive trend in
community engagement. The Golf Division acts as an enterprise and does not receive any ongoing subsidy
from other City Funds, including the General Fund.
With the rise in revenue, the Golf division is experiencing heightened expenses which are directly linked to
the revenue growth rate exceeding standard ongoing budget increases and utility cost increases:
These increased expenses include expenses for banking services, which are driven by credit card
processing fees associated with higher revenues.
Increased expenses for contractual labor are the reimbursements to the contracted golf professionals
who operate the pro shops at each course for their share of the revenue.
Page 51
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Increased utility expenses are driven by higher rates, with rates increasing faster than budgeted
increases, and some additional electric consumption due to transition to electric carts.
These activities are expected to incur a $350,000 shortfall in budget vs. expenses for 2024 without
additional appropriation.
Since these are ongoing expenses associated with higher revenue, staff is requesting the appropriation
for these expenses be made from unanticipated excess revenues.
Golf has also been investing in deferred maintenance and asset replacement, prioritizing projects with
environmental or safety outcomes, resulting in a request to use Golf Enterprise reserves to fund projects:
The irrigation system at Southridge is undergoing a full replacement, with water savings estimated to
exceed 20%. In 2022, two appropriations for funding were approved to address construction and
material costs associated with installing a new irrigation system and pond dredging at SouthRidge Golf
Course. These ordinances were Nos. 001, 2022 and 072, 2022. Those appropriations covered the
majority of work associated with the project. Now that work is substantively complete, staff is requesting
the appropriation for the remaining amount to close the project. Staff is requesting the $563,000
remaining cost to be appropriated from reserves where the bond proceeds for the project was allocated.
In 2023, Poudre Fire Authority notified the golf division that the current HVAC and hydrogen alarm
system located in the clubhouse basement at Collindale did not meet current fire codes and needed to
be upgraded as soon as possible to remain in operation. Current cost estimates for a compliant system
are $167,930. Staff is requesting the funds be appropriated from Golf Reserves.
Exhibit A shows the 5-year trend of Golf division revenue (excluding proceeds from COPs) alongside the
5-year trend in budget appropriated for revenue linked expenses. Approving this appropriation ordinance
will correct the budget shortfall for 2024, and staff has included this trend in the 2025/2026 Ongoing
Budgeting for Outcomes (BFO) offer.
Exhibit A:
CITY FINANCIAL IMPACTS
Page 52
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
If adopted, these Ordinances will appropriate $730,930 from Golf Fund Reserves and $350,000 from
unanticipated excess revenue for use within the Golf enterprise. Golf receives no ongoing subsidy from the
General Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance A for Consideration
2. Ordinance B for Consideration
Page 53
Item 2.
-1-
ORDINANCE NO. 100, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR THE GOLF
ENTERPRISE
A. The City created a fund to account for Golf activities under Section 8 -79 of
the City Code (“Golf Fund”).
B. On November 21, 2023, the City Council adopted Ordinance No. 145, 2023,
which set the budget for the Golf Fund for the fiscal year beginning January 1, 2024, and
ending December 31, 2024. Golf receives no ongoing subsidy from the General Fund.
C. The Golf Fund is expected to incur a $350,000 shortfall for the current fiscal
year due to increased expenses related to increased patronage and increased expenses
for utilities and financial services and contractual labor.
D. To maintain the current golf services available to the public at City golf
courses, City staff recommends using $350,000 from unanticipated excess revenue to
fund the shortfall.
E. This appropriation benefits public health, safety, and welfare of the citizens
of Fort Collins and serves the public purpose of maintaining all current golf services to the
public.
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 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.
G. The City Manager has recommended the appropriation described her ein
and determined that this appropriation is available and previously unappropriated from
the Golf Fund and will not cause the total amount appropriated in the Golf 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
FORT COLLINS that there is hereby appropriated from unanticipated revenue in the Golf
Fund the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) to be
expended in the Golf Fund for the Golf Enterprise.
Page 54
Item 2.
-2-
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Sara Arfmann
Page 55
Item 2.
-1-
ORDINANCE NO. 101, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GOLF
FUND FOR THE REPLACEMENT OF NECESSARY SYSTEMS AT
THE SOUTHRIDGE AND COLLINDALE GOLF COURSES
A. The City created a fund to account for Golf activities under Section 8 -79 of
the City Code (“Golf Fund”).
B. On November 21, 2023, the City Council adopted Ordinance No. 145, 2023,
which set the budget for the Golf Fund for the fiscal year beginning January 1, 2024, and
ending December 31, 2024. Golf receives no ongoing subsidy from the General Fund.
C. Staff requests funding for the replacement of two necessary systems, the
final costs for replacing the irrigation system at Southridge Golf Course and the
replacement of the HVAC and hydrogen alarm system at Collindale Golf Course.
D. In 2022, the City began the capital project of installing a new irrigation
system at the City’s Southridge Golf Course.
E. Council adopted Ordinance Nos. 01, 2022, and 072, 2022, to fund this
capital project. Staff requests an additional appropriation of $563,000 for the remaining
costs of this project.
F. In 2023, Poudre Fire Authority notified staff that the current HVAC and
hydrogen alarm system located at the Collindale clubhouse required an upgrade as soon
as possible. The estimated cost for a compliant system is $167,930.
G. To maintain the current golf services available to the public at City golf
courses, City staff recommends using $730,930 from Golf Fund Reserves to fund the
replacement of these two necessary systems.
H. These appropriations benefit public health, safety, and welfare of the
citizens of Fort Collins and serve the public purpose of maintaining all current golf services
to the public.
I. 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.
J. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Golf Fund and will not cause the total amount appropriated in the Golf 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.
Page 56
Item 2.
-2-
K. 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 capital projec t.
L. The City Council wishes to designate the appropriation herein for the
irrigation system replacement at Southridge Golf Course in the amount of $563,000 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 Prior Year Reserves in the Golf
Fund the sum of SEVEN HUNDRED THIRTY THOUSAND NINE HUNDRED THIRTY
DOLLARS ($730,930) to be expended in the Golf Fund for the Golf Enterprise.
Section 2. The appropriation herein for irrigation system replacement at
Southridge Golf Course 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 July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Sara Arfmann
Page 57
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 102, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for Park Planning and Development Funding Community Bike
Park Feasibility and Community Engagement.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates $70,000
to Park Planning and Development to conduct a community-scale bike park feasibility study as
directed by Council at the June 11 Work Session. The feasibility study will include an evaluation
of potential bike park locations, associated capital and on-going costs, identification of park
amenities and features, and a community engagement process. This item is in response to
public input from the 2021 Parks and Recreation Plan: Recreate, and recent significant
community input.
Page 58
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Dean Klingner, Community Services Director
Mike Calhoon, Parks Director
Jill Wuertz, Senior Manager Park Planning and Development, Parks
Dave “DK” Kemp, Senior Trails Planner, Parks
SUBJECT
Second Reading of Ordinance No. 102, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for Park Planning and Development Funding Community Bike Park
Feasibility and Community Engagement.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates $70,000 to Park
Planning and Development to conduct a community-scale bike park feasibility study as directed by Council
at the June 11 Work Session. The feasibility study will include an evaluation of potential bike park locations,
associated capital and on-going costs, identification of park amenities and features, and a community
engagement process. This item is in response to public input from the 2021 Parks and Recreation Plan:
Recreate, and recent significant community input.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Fort Collins 2021 Park and Recreation Plan, ReCreate, examines park and recreation needs in the
context of the City’s system of public spaces and articulates a vision for parks and recreation in the future.
To implement this vision, the plan weaves together strategies, guidelines, and decision-making tools that
the City can use as map to shape the system. The process of developing this plan included many
opportunities for residents, advocates, and elected leaders to weigh in and provide input.
In-person and online engagement and a statistically valid survey were conducted in the winter of 2019 by
mail, phone, and web to measure residents’ needs across Fort Collins. The demographic makeup of the
survey sample reflects the demographic makeup of the City as a whole. Results of the survey show
mountain bike courses as a priority investment rating and are eighth on the outdoor facility prioritized list.
Page 59
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
In addition, information gathered for the report “Community Engagement Findings for the Former Hughes
Site to the City of Fort Collins City Council” prepared by Kearns & West for the City of Fort Collins and
conducted between October 2022 and February 2023 details additional feedback for a community bike
park.
The intent of the community bike park feasibility study is to determine whether a new, community-scale
bike park facility is feasible, and if so, the appropriate size, location, amenities and cost.
Other small bike park locations currently exist in Fort Collins including a 2.0 acre BMX course at Twin Silo
Park, a small 0.27 acre pump track at Traverse Park, a small 0.53 acre pump track at Soft Gold and a 0.7
acre mountain bike skills course at Spring Canyon Park. Fort Collins is also recognized as a Platinum
Bicycle Friendly City by the League of American Bicyclists.
The general scope of the requested feasibility study should include, but not limited to the following aspects:
Siting and land evaluation: Evaluate potential locations throughout the City of Fort Collins, including
the former Hughes stadium site, to determine if applicable sites exist; and to rank sites on evaluation
criteria, for example:
o Connectivity to the trail system, low traffic streets, and other existing smaller bike parks,
o Land cost
o Wildlife habitat considerations
o Expandability
o Equity and accessibility
o Partnership opportunities
Page 60
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Background information on properties will include land ownership, zoning, floodplain designation, current
property value and assessment information, location description, and neighborhood characteristics.
Regional bike park analysis: Provide an inventory and analysis of similar sized facilities within the
Northern Colorado region and identify unique considerations
Features: Review current bike park standards, best practices, and precedents to evaluate types of bike
park features desired at a community-scale bike park, e.g. Slopestyle, Single track loops of varying
sizes, gravity-fed dirt jumps, pump track variations, including size, user level, adaptive capability, and
surface type (dirt/asphalt).
Accessory Elements: Identify and understand key siting and costs of accessory elements such as
shade shelters/pavilions, restroom, gathering area, parking, overflow parking, water resources, and
maintenance equipment storage.
Capital and on-going costs: Understand cost scenarios associated with initial construction and
ongoing maintenance of bike parks relative to size and types of features.
Potential funding strategies: Compile information on multi-year phased funding approaches, grants,
and/or other local resources
Project schedule: Approximately 6-9 months.
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will appropriate $70,000 for Park Planning and Development from the
Conservation Trust Fund reserves for this project. Any unused funds will return to the parent account for
Conservation Trust Fund revenue. The City Manager has determined that these appropriations are
available and previously unappropriated.
The Colorado Department of Local Affairs distributes the Conservation Trust Fund (CTF) dollars quarterly,
on a per capita basis, to over 470 eligible local governments: counties, cities, towns, and Title 32 special
districts that provide park and recreation services in their service plans. Funding can be used for the
acquisition, development, and maintenance of new conservation sites or for capital improvements or
maintenance for recreational purposes on any public site. On July 3, 2024, staff received confirmation
from staff at the Department of Local Affairs that the cost of the bike feasibility study is an eligible use of
the CTF.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Refer to “Background” section.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 61
Item 3.
-1-
ORDINANCE NO. 102, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
CONSERVATION TRUST FUND FOR PARK PLANNING AND
DEVELOPMENT FUNDING COMMUNITY BIKE PARK
FEASIBILITY AND COMMUNITY ENGAGEMENT
A. The Fort Collins 2021 Park and Recreation Plan, ReCreate, examined park
and recreation needs in the context of the City’s system of public spaces and articulates
a vision for parks and recreation in the future.
B. Engagement performed in preparing this plan demonstrated that the
community has a heightened interest in mountain bike courses.
C. An additional study conducted between October 2022-February 2023
details additional community feedback for a community bike park.
D. Staff wish to engage in a community bike park feasibility study to determine
whether construction of such a facility is feasible, along with examining the appropriate
size, location, amenities, and cost.
E. The City possess Conservation Trust Funds received from the Colorado
State Lottery, which per C.R.S. 29-21-101(4) “shall be expended only for the acquisition,
development, and maintenance of new conservation sites or for capital improvements or
maintenance for recreational purposes on any public site.”
F. On July 3, 2024, staff confirmed with the Department of Local Affairs that
the bike feasibility study is an eligible expense for Conservation Trust Funds.
G. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of evaluating whether the construction of a
community-scale bike park facility is feasible for the City.
H. 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.
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Conservation Trust Fund and will not cause the total amount appropriated in the
Conservation Trust 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.
Page 62
Item 3.
-2-
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
Conservation Trust Fund the sum of SEVENTY THOUSAND DOLLARS ($70,000) to be
expended in the Conservation Trust Fund for the Community Bike Park Feasibility and
Community Engagement.
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Sara Arfmann
Page 63
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 103, 2024, Appropriating Philanthropic Revenue
Received by City Give for the Renovation of the Historic Carnegie Library as Designated
by the Donor.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates $100,000 in
philanthropic revenue received by City Give for The Community Center for Creativity as designated by
the donor.
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.
Page 64
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, Director, City Give
SUBJECT
Second Reading of Ordinance No. 103, 2024, Appropriating Philanthropic Revenue Received by
City Give for the Renovation of the Historic Carnegie Library as Designated by the Donor.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates $100,000 in
philanthropic revenue received by City Give for The Community Center for Creativity as designated by the
donor.
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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The historic 1904 Carnegie building is one of the oldest, continuously operating public buildings in Fort
Collins. Carnegie libraries were often the first public libraries in communities across the country. Operated
by the City of Fort Collins and designated a local Historic Landmark in 1978, the building is now the
Community Center for Creativity (CCC) dedicated to providing affordable, community-focused cultural
space.
The ambitious renovation focuses on both historic restoration and infrastructure investments to ensure the
CCC continues to serve Fort Collins as an affordable, community-focused space for gallery exhibitions,
performance, classes, and special events.
The current project estimate for the renovation is $6,200,000, with $2,200,000 provided through the
generosity of local voters via a 2015 Community Capital Improvement Program ballot measure. A
Community Revitalization Grant from the State’s Colorado Creative Industries providing $2,400,000 in
funding. The City of Fort Collins General Fund invested $900,000 in Americans with Disabilities Act (ADA)
and structural upgrades as Phase 1 of this project.
Private funding provides the final funding needed to bring this valuable community amenity to fruition,
including the appropriation of this charitable gift of $100,000 awarded to the City from local resident Jackie
Erickson, designated toward renovating the historic Carnegie Library and future Center for Creativity
programming and operations.
Page 65
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $100,000 in philanthropic revenue received by City Give for the Community
Center for Creativity, Cultural Services. The funds have been received and accepted per the City Give
Administrative and Financial Policy.
The City Manager has also determined that these appropriations are available and previously
unappropriated from the designated funds and will not cause the total amount appropriated in these funds
to exceed the current estimate of actual and anticipated revenues and all other funds to be received in
these funds during fiscal year 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 66
Item 4.
-1-
ORDINANCE NO. 103, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED BY
CITY GIVE FOR THE RENOVATION OF THE HISTORIC
CARNEGIE LIBRARY AS DESIGNATED BY THE DONOR
A. Local resident Jackie Erickson has generously donated $100,000 toward
the renovation and operations of the City’s Community Center for Creativity. The current
project estimate for the renovation is $6,200,000, with public funding providing about
$5,500,000 toward the project and private funding providing the remainder of the funding.
The Community Center for Creativity will provide affordable, community-focused space
for gallery exhibitions, performances, classes, and special events.
B. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of supporting the renovation and
operations of a City venue for the arts.
C. 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.
D. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Cultural Services and Facilities Fund and will not cause the total amount appropriated
in the Cultural Services and Facilities 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
FORT COLLINS that there is hereby appropriated from new philanthropic revenue in the
Cultural Services and Facilities Fund the sum of ONE HUNDRED THOUSAND DOLLARS
($100,000) to be expended in the Cultural Services and Facilities Fund for the Historic
Carnegie Library.
Page 67
Item 4.
-2-
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Ted Hewitt
Page 68
Item 4.
File Attachments for Item:
5. Second Reading of Ordinance No. 104, 2024, Appropriating Unanticipated Revenue in
the Cultural Services and Facilities Fund for Artist and Musicians’ Fees for Shows at the
Lincoln Center.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates the
amount of $644,000 in unanticipated revenue in 2024 for expenses related to Artists and
Musicians Fees for LC Live shows at the Lincoln Center.
Page 69
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jack Rogers, Lincoln Center Director
Eileen May, Director, Cultural Services
SUBJECT
Second Reading of Ordinance No. 104, 2024, Appropriating Unanticipated Revenue in the Cultural
Services and Facilities Fund for Artist and Musicians’ Fees for Shows at the Lincoln Center.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 16, 2024, appropriates the amount of
$644,000 in unanticipated revenue in 2024 for expenses related to Artists and Musicians Fees for LC Live
shows at the Lincoln Center.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Lincoln Center expense budget for Artists, Musicians and Speakers needs to be increased by
$644,000 in 2024 to address the higher costs due to additional LC Live performances and the Lincoln
Center bringing national show tour companies to Fort Collins.
The Lincoln Center (LC) is the largest presenter of performing arts in the Mountain West outside of metro
Denver and the home to over 35 local creative businesses. In 2023, over 192,000 visitors participated in
over 1,000 events at LC. The 2023-2024 LC LIVE season (events presented or produced by The Lincoln
Center/City of Fort Collins) sold nearly 42,000 tickets and generated over $2.0 million in ticket sales. LC
LIVE is The Lincoln Center’s single greatest marketing tool to attract new audiences. Audience surveys
show that first-time attendees driven to LC by the National and International artists on the LC LIVE series
go on to support local businesses like the Fort Collins Symphony, or to rent the facility for their own events.
We are requesting additional budget for the expenses related to LC live show promoters and artists. In
2024, the Lincoln Center brought major touring shows to Fort Collins, including Book of Mormon, Come
From Away, and Annie. In addition, since the adoption of the 2024 budget, we added the Live at The
Gardens concert series that the LC manages. The budget for Artist Fees paid for shows is not sufficient to
cover the expenses related to the shows in 2024. All the expense activity is created by the initial investment
into the Artists, Musicians, and Speakers, a line item that historically generates a 165% Return on
Investment (ROI) through ticket sales. In addition to the LC Live Series paying for itself, it generates an
average overall profit margin of 12%.
Page 70
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The budget for this expense has been insufficient for the last several years (2020 and 2021 not included
due to COVID impact).
To address this issue going forward, the Lincoln Center has submitted an Enhancement Offer as part of
2025-2026 Budgeting for Outcomes (BFO) to increase the budget baseline for this expense. To continue
to attract the National and International touring artists of the caliber the community has grown to expect,
this expense item needs to increase and ultimately become part of the baseline budget for the Lincoln
Center. If the offer is not funded staff will need to go to Council annually for mid-cycle additional
appropriations.
CITY FINANCIAL IMPACTS
If adopted, this Ordinance will appropriate $644,000 in unanticipated revenue generated by shows at the
Lincoln Center for a net zero impact to the Cultural Services financials. This requires no subsidy from the
General Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2019 2023
2024
(through
6/24/2024)
Actual 1,112,248 1,167,794 1,070,016
Budget 953,025 884,704 906,821
Variance (159,223)(283,090)(163,195)
Page 71
Item 5.
-1-
ORDINANCE NO. 104, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
CULTURAL SERVICES AND FACILITIES FUND FOR ARTIST
AND MUSICIANS’ FEES FOR SHOWS AT THE LINCOLN
CENTER
A. City staff recommends that the budget for the Lincoln Center be increased
by $644,000 to accommodate higher-than-expected revenues and expenditures for
additional productions and national and international tour shows presented or produced
by the City. As the Lincoln Center is self-funded, this appropriation has no net impact on
the Cultural Services and Facilities Fund and requires no subsidy from the General Fund.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting a City performing
arts venue.
C. 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 revenue s and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
D. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Cultural Services and Facilities Fund and will not cause the total amount appropriated
in the Cultural Services and Facilities 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
FORT COLLINS that there is hereby appropriated from unanticipated revenue in the
Cultural Services and Facilities Fund the sum of SIX HUNDRED FORTY-FOUR
THOUSAND DOLLARS ($644,000) to be expended in the Cultural Services and Facilities
Fund for artist and musicians’ fees for shows at the Lincoln Center.
Page 72
Item 5.
-2-
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Ted Hewitt
Page 73
Item 5.
File Attachments for Item:
6. Second Reading of Ordinance No. 105, 2024, Making a Supplemental Appropriation of
Funds from the Colorado Department of Public Health and Environment, Environmental
Justice Grant for the Cultivating Community-Led Resilient Homes Project and Approving
a Related Intergovernmental Agreement.
This Ordinance, unanimously adopted on First Reading on July 16, 2024, supports the City’s
commitment to advancing equity and environmental justice for all Fort Collins community
members by appropriating $168,874 of unanticipated grant revenue awarded by the Colorado
Department of Public Health and Environment (CDPHE) for the Cultivating Community-Led
Resilient Homes project.
Page 74
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Selina Lujan Albers, Environmental Sustainability
Kerri Ishmael, Grants Administration
SUBJECT
Second Reading of Ordinance No. 105, 2024, Making a Supplemental Appropriation of Funds from
the Colorado Department of Public Health and Environment, Environmental Justice Grant for the
Cultivating Community-Led Resilient Homes Project and Approving a Related Intergovernmental
Agreement.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 16, 2024, supports the City’s commitment
to advancing equity and environmental justice for all Fort Collins community members by appropriating
$168,874 of unanticipated grant revenue awarded by the Colorado Department of Public Health and
Environment (CDPHE) for the Cultivating Community-Led Resilient Homes project.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
In spring 2024 the CDPHE awarded the City of Fort Collins (City) $168,874 under the CDPHE’s
Environmental Justice (EJ) grant program (Exhibit A to the Ordinance). The award funds support the
Healthy Homes program’s Cultivating Community-Led Resilient Homes (CCLRH) project to improve indoor
air quality and energy efficiency for low-income residents of Fort Collins and the Growth Management Area.
As demonstrated from the Budget incorporated into the grant, the grant requires no match by the City. The
$168,874 in grant funds will be used for direct costs in meeting the goal of the CCLRH project to create
equitable access to healthy, energy efficient and resilient housing for 75 homes on a first-come-first-serve
basis of low-income residents of designated neighborhoods. Residents from the remaining neighborhoods
in the City will be eligible for the program using other funds.
The $168,874 are state funds, with this being the second funding cycle under the CDPHE’s EJ grant
program initiated in 2023.
Page 75
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This item appropriates $168,874 in unanticipated revenue from the CDPHE under the EJ grant program in
support of Environmental Sustainability’s CCLRH project.
The EJ grant is a reimbursement type grant, meaning General Fund expenses will be reimbursed up to
$168,874.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Indoor air quality is a priority identified by the Air Quality Advisory Board, but no formal recommendation
was sought for appropriation of the grant funds to augment existing program efforts.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 76
Item 6.
-1-
ORDINANCE NO. 105, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF FUNDS
FROM THE COLORADO DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT, ENVIRONMENTAL JUSTICE GRANT FOR
THE CULTIVATING COMMUNITY-LED RESILIENT HOMES
PROJECT AND APPROVING A RELATED
INTERGOVERNMENTAL AGREEMENT
A. In spring 2024, the Colorado Department of Public Health and Environment
(“CDPHE”) awarded the City $168,874 under the CDPHE’s Environment al Justice (EJ)
grant program (the “Grant”). The award funds support the Healthy Homes program’s
Cultivating Community-Led Resilient Homes (CCLRH) project to improve indoor air
quality and energy efficiency for low-income residents of Fort Collins and the Growth
Management Area. No City match of funds is required under the Grant.
B. The City and CDPHE have negotiated the terms and conditions of the Grant
Agreement, which is attached hereto as Exhibit “A”.
C. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of supporting improved indoor air
quality and energy efficiency for low-income residents of Fort Collins and the Growth
Management Area.
D. 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.
E. 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 anticipate d revenues and all other funds to
be received in this Fund during this fiscal year.
F. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
G. The City Council wishes to designate the appropriation herein for the
Colorado Department of Public Health and Environment, Environmental Justice Grant as
Page 77
Item 6.
-2-
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 ONE HUNDRED SIXTY-EIGHT THOUSAND EIGHT
HUNDRED SEVENTY-FOUR DOLLARS ($168,874) to be expended in the General Fund
for the Cultivating Community-Led Resilient Homes Project.
Section 2. The appropriation herein for the Colorado Department of Public
Health and Environment, Environmental Justice Grant is hereby designated, as
authorized in Article V, Section 11 of the City Charter, as an appropriation that shall n ot
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.
Section 3. The City Council authorizes the City Manager or their designee to
accept the grant and obligate the City to comply with the terms of the Grant Agreement.
Introduced, considered favorably on first reading on the July 16, 2024, and
approved on second reading for final passage on the August 20, 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Ted Hewitt
Page 78
Item 6.
STATE OF COLORADO
Department of Public Health & Environment
Page 1 of 1
ORDER *****IMPORTANT*****
Number:PO,FAAA,202500000822 The order number and line number must appear on all
invoices, packing slips, cartons, and correspondence.Date:6/5/24
Description:
Ft Collins 9310 FY25 EJ grant program RFA #42184
BILL TO
DIVISION OF ADMINISTRATION C-1
4300 CHERRY CREEK DRIVE SOUTH
DENVER, CO 80246-1530
Effective Date:07/01/24
Expiration Date:06/30/25BUYER SHIP TO
Buyer:DIVISION OF ADMINISTRATION C-1
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:06/30/25
FOB:FOB Dest, Freight PrepaidContact:
Phone:
VENDOR INSTRUCTIONS
EXTENDED DESCRIPTION
Ft Collins 9310 FY25 EJ grant program RFA #42184. The budget shall not exceed $168,874.00.
The State of Colorado Terms and Conditions govern and control this purchase order.
Exhibit A, Additional Provisions, is incorporated and made part of this purchase order by reference.
Line Item Commodity/Item Code UOM QTY Unit Cost Total Cost MSDS Req.
1 0 0.00 $168,874.00
Description: Ft Collins 9310 FY25 EJ grant program RFA #42184
Ft Collins 9310 FY25 EJ grant program RFA #42184
Service From:07/01/24 Service To:06/30/25
TERMS AND CONDITIONS
https://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL = $168,874.00
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 79
Item 6.
Page 1 of 6
Ver. 01.11.19
STATEMENT OF WORK
I. Entity Name: The City of Fort Collins
II. Project Description:
This project serves to fund grant projects that avoid, minimize, measure, and mitigate impacts to
public health and the environment in disproportionately impacted (DI) communities, or that
promote equitable participation in rulemaking and permitting proceedings that may affect DI
communities. The Environmental Justice Act prioritizes reducing environmental health disparities
in DI communities and declares environmental justice a Colorado state policy. This grant program
aligns with the Colorado Department of Public Health (CDPHE) strategic plan to further
environmental justice and will help CDPHE strengthen trust and communication between DI
communities and the environmental divisions. This project will be achieved by contracting with
nonprofits and local governments within Colorado through June 30, 2025. Colorado communities
of color and low-income communities have historically carried and continue to bear a
disproportionate burden of environmental health risks. The Environmental Justice (EJ) Grant
Program will support DI communities by providing funding to conduct interventions, and
participate in agency processes to advocate for policy changes to avoid (prevent), minimize (reduce,
lessen, remediate), measure (monitor), and mitigate (offset, compensate for) impacts to public
health and environmental health risks, and advance a healthy and sustainable Colorado where
everyone has equitable protection from environmental and health hazards.
This project benefits disproportionately impacted communities in Fort Collins by improving indoor
air quality (IAQ), energy efficiency, and preparing homes for climate-related events (i.e., wildfires,
extreme temperatures). Through this project, the City of Fort Collins shall advance environmental
justice with free home visits which include an IAQ assessment, portable air cleaners, smoke/fire
and carbon monoxide alarms, furnace servicing, low-level weatherization, air conditioners, and
other related resources.
III. Definitions:
A. Authentic Community Engagement: The goal of authentic community engagement is to work with
communities, not for or on behalf of them, or to do things to communities.
B. Carbon Monoxide (CO): a colorless, odorless, toxic gas created through the incomplete combustion
of carbon.
C. Colorado Affordable Residential Energy (CARE) Program: A program of Energy Outreach
Colorado that provides income-qualified Coloradans in participating counties with free home
energy efficiency upgrades.
D. Cultivating Community-Led Resilient Homes (CCLRH): The funded project to be completed by
the City of Fort Collins with the goal of improving IAQ, energy efficiency, and home resilience to
climate-related events.
E. Disproportionately impacted communities as defined in C.R.S. § 24-4-109(2)(b)(II) (2023):
a. A community that is in a census block group, as determined in accordance with the most
recent United States census, where:
i. the proportion of households that are low income is greater than forty percent,
ii. the proportion of households that identify as minority is greater than forty percent,
or
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 80
Item 6.
Page 2 of 6
Ver. 01.11.19
iii. the proportion of households that are housing cost-burdened is greater than fifty
percent;
iv. the proportion of households that are linguistically isolated is greater than twenty
percent, meaning that all adults in a household speak a language other than English
and speak English less than very well; or
v. multiple factors, including socioeconomic stressors, disproportionate
environmental burdens, vulnerability to environmental degradation, and lack of
public participation, may act cumulatively to affect health and the environment and
contribute to persistent disparities, as identified by a Colorado EnviroScreen score
above the 80th percentile; or
b. Any other community:
i. where there is a history of environmental racism perpetuated through redlining,
anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws, policies, or
practices; or
ii. under the jurisdiction of the Ute Mountain Ute (UMU) or Southern Ute Indian
Tribe (SUIT); or
iii. that is a mobile home park.
F. Healthy Homes Educators (HHE): Volunteers for the City of Fort Collins Healthy Homes program
that are trained in the 8 Principles of a healthy home. These volunteers conduct in-home
assessments for community members, identifying sources of indoor air pollution and providing
solutions.
G. Indoor Air Quality (IAQ): refers to the air quality within and around buildings and structures,
especially as it relates to the health and comfort of building occupants.
H. Low-Income Energy Assistance Program (LEAP): A federally-funded, state of Colorado assistance
program that offers credit to pay heating bills. The program provides assistance with heating costs,
equipment repair, and/or replacement of inoperable heating tools.
I. Neighborhood Connectors (NC): Volunteers for the City of Fort Collins Healthy Homes program
that help to promote the program and recruit participants through face-to-face interactions in DI
communities. NCs also provide consistent feedback on the program based on community member
needs.
J. Special or Emergency Projects Fund: In the event of a health/safety concern or issues that prevent
a home from participating in other programs, special project funds within City of Fort Collins will
be used to support a solution. This may include but is not limited to furnace replacements, plumbing
repairs, range hood or bathroom fan installation, and roof repairs.
IV. Work Plan:
Goal #1: To advance environmental justice in disproportionately impacted (DI) communities in Colorado.
Objective #1: No later than the Contract’s expiration date, advance environmental justice by creating equitable access to
healthy, energy efficient, and resilient housing within Fort Collins’ DI communities identified through Colorado
EnviroScreen.
Primary Activity #1 1. The Contractor shall provide resources to program participants to improve the
homes' health and safety.
Sub-Activities #1
1. The Contractor shall conduct a minimum of 45 home visits that include:
a. An IAQ assessment with behavior-based recommendations and
b. Actions households can take to improve IAQ.
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 81
Item 6.
Page 3 of 6
Ver. 01.11.19
2. The Contractor shall provide participants with the following services through
contracted providers:
a. Furnace safety checks
b. Furnace cleanings
c. Low-level weatherization services.
3. The Contractor shall recommend eligible participants to additional organizations,
including:
a. CARE or
b. LEAP.
4. The Contractor shall provide home repairs for participants by utilizing the special
project funds when challenging issues impacting the following arise:
a) IAQ,
b) Energy efficiency,
c) Health and safety.
Primary Activity #2
1. The Contractor shall train the following:
a) A team of volunteers for Healthy Homes Educators and
b) Neighborhood Connectors.
Sub-Activities #2
1. The Contractor shall create and distribute marketing materials to aid in the
identification of new volunteers.
2. The Contractor shall identify focus communities with staff and current volunteers.
3. The Contractor shall identify new volunteers through 1:1 connections with a goal
of at least 10 new volunteers.
4. The Contractor shall provide a 20-hour volunteer training over the course of 4
sessions and practice IAQ assessments completed in Q1 and Q2.
5. The Contractor shall hire translation and interpretation specialists for trainings.
6. The Contractor shall implement a volunteer engagement strategy that includes:
a. Continuing education
b. Gratitude pay in the form of gift cards
c. Acts of appreciation such as thank-you gifts and get-togethers.
Primary Activity #3 1. The Contractor shall conduct authentic community engagement to promote the
Healthy Homes program.
Sub-Activities #3
1. The Contractor shall organize 5 neighborhood events.
2. The Contractor shall attend the neighborhood events in the identified focus
communities with staff and current volunteers.
3. The Contractor shall use Neighborhood Connectors to engage communities to
connect with individual residents and promote the program.
4. The Contractor shall hire translation and interpretation specialists for the events.
Primary Activity #4 1. The Contractor shall hire a 9-month, full-time contract position to support grant
operations and reporting requirements.
Sub-Activities #4 1. The Contractor shall create a staff training plan.
Primary Activity #5
1. The Contractor shall create the following reports:
a. Quarterly progress reports
b. A 6-month Progress Report
c. A Final Report.
Primary Activity #6 1. The Contractor shall attend two (2) check-in meetings.
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 82
Item 6.
Page 4 of 6
Ver. 01.11.19
Standards and
Requirements
1. CDPHE will closely monitor project activities to ensure that pursuant to the
Colorado Constitution and Colorado Fair Campaign Practices Act, grant funds are
not used for prohibited expenses including lobbying, campaign activities, and
political activities such as meeting with or encouraging a state or local elected
official to support a bill, ordinance, or other policy proposal.
2. The Contractor shall provide the following resources based on the identified
through the home visit’s outcomes as needed:
a. Radon test kits
b. Natural cleaner
c. Sustainable cleaning cloths
d. Smoke alarms
e. CO alarms
f. Commercial-grade doormats
g. Fire extinguishers
h. Portable air cleaners
i. Air conditioners.
3. The Contractor shall provide the resources mentioned in the Work Plan, Sub-
Activities 1.2, 1.4, and Standards & Requirements 2 only to households within the
following neighborhoods on a first-come-first-serve basis, provided that the
household receiving the resource has income below two hundred percent of the
federal poverty level:
a) Hickory,
b) North College,
c) Stonecrest, Montclair,
d) Andersonville/San Cristo,
e) Buckingham,
f) Alta Vista,
g) Dry Creek,
h) Buffalo Run,
i) Old Town Neighbors,
j) Collins Aire,
k) Timber Ridge,
l) Harmony Park,
m) Highlander Heights,
n) Skyline,
o) Poudre Valley Mobile Home Park, and
p) Nueva Vida.
4. The Contractor shall include a written description of the progress made for each
primary and sub-activity in each Quarterly Progress Report, beginning with Q1
(July-September 2024) through Q4 (April-June 2025).
a. Quarterly Report Guidance Document
5. The Contractor shall include the following information in the 6-month Progress
Report.
a. Successes to date,
b. Challenges and barriers encountered to date, and
c. Anticipated challenges by the end of the Contract.
6. The Contractor shall produce a Final Report summarizing the Project achievements
that includes responses to the following questions:
a. What disproportionately impacted (DI) community did your project serve?
b. What was the relationship between the project and the community it
served?
i. How did your project engage members of a DI Community?
ii. How did the community react to the project?
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 83
Item 6.
Page 5 of 6
Ver. 01.11.19
c. What is the final status of the project?
i. Did the project complete all of the activities set in the SOW?
d. What was the biggest success of the project including unanticipated
successes?
i. How do you measure the success of your project?
e. What was the greatest challenge and what did you learn from it?
f. Would you apply for the grant again?
g. Any suggestions for the grant program in the future?
7. CDPHE will provide the Contractor with the following information, at least seven
business days before each check-in meeting:
a. the date of the check-in meeting,
b. the meeting link, for virtual meeting,
c. the meeting venue, for in-person meeting,
d. meeting agenda,
e. meeting duration, and
f. meeting participants.
8. Meeting minutes will be recorded by the EJ Grants Specialist and saved in the
grantee’s folder.
9. CDPHE will schedule the check-in meetings as follows:
a. First check-in meeting sixty (60) business days after the Contract execution
date,
b. b. Second check-in meeting nine (9) months into the Contract.
10. The Contractor shall communicate to CDPHE, via email, all requests of additional
resources needed for the successful completion of the project.
11. CDPHE will respond to the Contractor, via email, no later than fifteen (15) business
days after the receipt of the Contractor’s request for additional resources.
12. The Contractor shall use the approved CDPHE Progress Report Templates.
a. Quarterly Report
b. 6-Month Progress Report
c. Final Report
13. CDPHE will provide, via email, the approved Progress Report Templates, no later
than thirty (30) business days after the Contract’s execution date.
14. The Contractor shall submit the Final Report as a non-reimbursable deliverable no
later than fifteen (15) days after the expiration of the Contract.
Expected Results of
Activity(s)
1. Increased quality of life of community members.
2. Expanded access to resources and programs for community members.
3. Increased knowledge and tools for community members to protect themselves
from extreme temperatures and poor outdoor air quality.
Measurement of
Expected Results
1. Number of households reached.
2. Number of volunteer HHE who are trained and committed to the program.
3. Number of new HHE and/or NC who are recruited.
4. Number of continued education opportunities for HHE.
Completion Date
Deliverables 1. The Contractor shall submit electronically to the EJ Grants
Specialist Quarterly Progress Reports. No later than 15
days following the
end of Q1, Q2, Q3,
Q4
2. The Contractor shall submit electronically to the EJ Grants
Specialist a 6-Month Progress Report. No later than
January 15, 2025
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 84
Item 6.
Page 6 of 6
Ver. 01.11.19
3. The Contractor shall submit electronically to the EJ Grants
Specialist examples of materials used in the following:
a) trainings, marketing, and
b) outreach events.
No later than 15
days following the
end of Q1, Q2, Q3,
Q4
4. The Contractor shall submit electronically to the EJ Grants
Specialist a document outlining:
a) the number of households reached and
b) resources provided.
No later than 15
days following the
end of Q1, Q2, Q3,
Q4
5. The Contractor shall submit electronically to the EJ Grants
Specialist a Final Report. No later than July
15, 2025
6. Monitoring:
CDPHE’s monitoring of this contract for compliance with performance requirements will be
conducted throughout the contract period by the EJ Grants Specialist. Methods used will include a
review of documentation determined by CDPHE to be reflective of performance to include progress
reports. 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 end of the life of the
contract.
7. Resolution of Non-Compliance:
The Contractor will be notified in writing within 10 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 timeline for completion will be documented in writing and agreed
to by both parties. If extenuating circumstances arise that require an extension to the timeline, the
Contractor must email a request to the EJ Grants Specialist and receive approval for a new due date.
The State will oversee the completion/implementation of the action(s) to ensure timelines 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.
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 85
Item 6.
ExhibitCBudget
Organization Name City of Fort Collins Environmental Services
Budget Period July 1, 2024 to June 30, 2025
Project Name Cultivating Community-Led Resilient Homes
Employee Name/Position
Title Description of Work
Corresponding Goal,
Objective, and Primary
Activity in Project Design
Gross or Annual Salary Fringe
Percent of
Time on
Project
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.
Project Coordinator
Full-time (40 hours/week) contracted
employee for 9 months. Project Coordinator
will manage all aspects of project over public
outreach/community engagement, project
implementation, and reporting (reporting
includes internal and external reporting, with
incorporation of data and metrics to measure
expected outcomes).
Hourly rate of $28.40 at 1560 hours
All $ 44,304.00 $ 11,946.00 100% 56,250.00$ $0.00
Description of fringe
benefits
Benefits Note: Contractual Salary Employees
(EE's) receive benefits per City of Fort Collins
personnel and payroll policies and
procedures. Fringe benefits for contractual
EE's include (workers' comp insurance,
unemployment insurance, employer portion of
FICA, health and dental insurance). Average
= 27% of salaries.
-$
Employee Name/Position
Title Description of Work
Corresponding Goal,
Objective, and Activity in
Project Design
Hourly Wage Hourly Fringe
Total # of
Hours on
Project
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.
N/A N/A N/A -$ -$
56,250.00$
Item Corresponding Goal, Objective, and
Activity in Project Design Rate Quantity
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.)
Healthy Homes
Volunteers (Educators
and Neighborhood
Connectors)
Equitable access to healthy, energy
efficient, and resilient housing,
Recruitment of Healthy Home
Educators (HHE) and/or Neighborhood
Connectors (NC), HHE and NC Training $ 600.00 15 $9,000
-$
Venue rental Equitable access to healthy, energy
efficient, and resilient housing, HHE
and NC Training, Authentic Community
Engagement
$ 75.00 5 $375
-$
Child
care/Transportation
services
Equitable access to healthy, energy
efficient, and resilient housing, HHE
and NC Training, Authentic Community
Engagement
$ 40.00 75 $3,000
-$
Food/catering Equitable access to healthy, energy
efficient, and resilient housing, HHE
and NC Training, Authentic Community
Engagement
$ 15.00 75 $1,125
-$
Home Intervention
Supplies
Equitable access to healthy, energy
efficient, and resilient housing, Home-
Visits, Additional Resources
$ 718.00 45 32,310$ -$
$45,810
Item Corresponding Goal, Objective, and
Activity in Project Design Rate Quantity
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.
N/A N/A -$ -$
-$
Subcontractor Name Corresponding Goal, Objective, and
Activity in Project Design Rate Quantity
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.
Weatherization Services
Equitable access to healthy, energy
efficient, and resilient housing, Home-
Visits, Additional Resources
$ 580.00 45.0 26,100$
Furnace Services
Equitable access to healthy, energy
efficient, and resilient housing, Home-
Visits, Additional Resources $ 190.00 45.0 8,550$
Special or Emergency
Projects Fund
Equitable access to healthy, energy
efficient, and resilient housing, Home-
Visits, Additional Resources
$ 27,000 1.0 27,000$
Language Justice for
Engagement Events &
Trainings
Equitable access to healthy, energy
efficient, and resilient housing, HHE
and NC Training, Authentic Community
Engagement
$ 1,032.80 5.0 5,164.00$
66,814.00$
168,874.00$
168,874.00$
Description of Item
EJ GRANT PROGRAM - 12 MONTH BUDGET WITH JUSTIFICATION FORM
*Please do not adjust the formulas within this spreadsheet*
Program Contact Name, Title, Phone and Email
Selina Lujan, Interim Manager,
Environmental Services;
slujan@fcgov.com, 970-224-
6129
Fiscal Contact Name, Title, Phone and Email
Kerri Ishmael, Senior Analyst,
Grants Administration,
kishmael@fcgov.com, 970-416-
4222
Expenditure Categories
Personnel Costs (Personal Services)
Salaried Employees
Personnel Costs (Personal Services)
Hourly Employees
Total Personnel Costs (Personal Services) (including fringe benefits)
Supplies, Equipment, & Operating Expenses
Total Travel
Gratitude pay for 15 Volunteers to support in capacity as Healthy
Homes Educators and Neighborhood Connectors. $600 per year x 1 year
x 15 volunteers
Venue space for informational sessions and volunteer training (hourly
rate). Five proposed engagements from July 2024 through June 2025.
Services for child care and transportation for participants to attend
volunteer training and educational workshops.
Proposed engagements and estimated attendees:
4 new volunteer training sessions with 15 attendees
1 continuing education training for 15 returning volunteers
Estimate an average cost of $40/participant to cover child care and
transportation needs.
Catering for 4 new volunteer training sessions and 1 continuing
education training for volunteers. Estimate based on # of participants.
15 people x 5 trainings x $15/person = $1,125
Home intervention supplies needed based on home assessment. Cost
per home is estimated at $718, which includes:
$100 portable air cleaner
$500 portable air conditioner
$27 air filter
$17 smoke/fire alarm
$20 carbon monoxide alarm
$24 fire extinguisher
$25 commercial doormat
$5 cloth and cleaner
Total Supplies & Operating Expenses
Travel
Description of Item
N/A
Contractual
Description of Item
Weatherization services include air sealing, door sweeps, caulking
around windows and plumbing, and outlet insulation. $580 per home x
45 homes
Furnaces will be inspected and cleaned for each participating
household. $190 x 45 homes
May include the following, depending on participant needs:
•Furnace replacements- $6,000 (average cost)
•Plumbing fixes (cost may vary)
•Range hood- $1,500 (average cost)
•Bathroom fan installation- $400 (average cost)
•Roof repair- $10,000 (average cost)
Language Justice interpreters and translations to be part of trainings
and events estimated at 5 offerings from 7/1/2024 through 6/30/2025.
Rate Estimates:
Translation of printed materials- $.50/word x estimated 13,000 words
= $6,500
Interpretation Services- $108/hr x 2 hrs per event x 5 events = $1,728
Average per event = 1,032.80
Total Contractual
SUB-TOTAL OF DIRECT COSTS
Indirect
TOTAL
Page1ofJanuary2018
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 86
Item 6.
EXHIBIT A
ADDITIONAL PROVISIONS
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 monthly CDPHE
Reimbursement Invoice Form. This form is accessible from the CDPHE internet website
https://www.colorado.gov/pacific/cdphe/standardized-invoice-form-and-links and is incorporated and made
part of this Contract by reference. CDPHE will provide the form, including budget line items, to the
Contractor. CDPHE will provide technical assistance in accessing and completing the form. The CDPHE
Reimbursement Invoice Form and Expenditure Details page 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 this Statement of Work and Budget
Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document. Email
the scanned invoice and Expenditure Details page to: Gabriella Boehm, EJ Grants Specialist,
gabriella.boehm@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.
Unless otherwise provided for in the Contract, “Local Match”, if any, shall be included on all invoices as
required by funding source.
The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless
approved in writing by the appropriate federal agency.
The Contractor shall submit all invoices for expenses incurred in the course of the project within 45 days
of the end of the month when the expenses were incurred.
2. Time Limit For Acceptance Of Deliverables.
a. Evaluation Period. The State shall have fifteen (15) 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 fifteen (15) 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 twelve (12)
calendar days, to correct the noted deficiencies.
3. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination.
The State has determined that this Contract does not constitute a Business Associate relationship under
HIPAA.
4. This award does not include funds for Research and Development.
Page 1 of 2
Ver. 01.11.19
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 87
Item 6.
EXHIBIT A
5. All data collected, used or acquired shall be used solely for the purposes of this Contract. The Contractor
and its subcontractors agree not to release, divulge, publish, transfer, sell, or otherwise make known any
such data to unauthorized persons without the express prior written consent of the State or as otherwise
required by law. This includes a prior written request by the Contractor to the State for submission of
abstracts or reports to conferences, which utilize data collected under this Contract. Notwithstanding the
foregoing, the Contractor shall be entitled to retain a set of any such data collected or work papers
necessary to perform its duties under this Contract and in accordance with professional standards.
6. Contractor shall request prior approval in writing from the State for all modifications in the Statement of
Work/Work Plan or for any modification in excess of twenty-five percent (25%) of the total budget shall be
submitted to CDPHE at least 90 days prior to the end of the Contract period and may require an amendment
in accordance with General Provisions, Section 17,Contract Modifications, of this Contract.
7. Contractor shall not use funds provided under this Contract for the purpose of lobbying as defined in
Colorado Revised Statutes (C.R.S.) 24-6-301(3.5)(a).
8. Funds provided under this Contract may not be used to: supplant funding for any existing
programs/models; develop new cessation programs/models; develop curricula for youth or adults not
reviewed and approved by the State; pay for individual cessation aids or nicotine replacement therapy; fund
capital improvements; or fund costs of enforcement of state or local laws and ordinances unless approved
by CDPHE.
9. The Contractor shall provide CDPHE, upon request, written procedures related to gift card purchase and
handling. At a minimum, the procedures must include the following:
a. How the gift card inventory is tracked and maintained;
b. Gift Card storage and safeguards against theft;
c. The primary person responsible for securing and distributing gift cards;
d. A gift card distribution log that records each gift card number, dollar amount and with the personal
information of the gift card recipient redacted.
Page 2 of 2
Ver. 01.11.19
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 88
Item 6.
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, and
Addendum 2: Additional Terms and Conditions for Federal Provisions, 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)If applicable, Addendum 2: Additional Terms and Conditions for Federal Provisions, below;
(b)the Purchase Order document;(c)these Terms and Conditions (including, if applicable,
Addendum 1: Additional Terms and Conditions for Information Technology below); and (d)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.
Page 1 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 89
Item 6.
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
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
Page 2 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 90
Item 6.
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.
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
Page 3 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 91
Item 6.
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
(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
Page 4 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 92
Item 6.
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
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
Page 5 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 93
Item 6.
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
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.
Page 6 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 94
Item 6.
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
Page 7 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 95
Item 6.
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
Page 8 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 96
Item 6.
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
Page 9 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 97
Item 6.
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,
Page 10 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 98
Item 6.
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
Page 11 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 99
Item 6.
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.
Page 12 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 100
Item 6.
ADDENDUM 2:
Additional Terms & Conditions for Federal Provisions
IF ANY PART OF THIS PO HAS BEEN FUNDED, IN WHOLE OR IN PART, WITH FEDERAL
FUNDS, THE FOLLOWING PROVISIONS SHALL ALSO APPLY TO THIS PO.
1. APPLICABILITY OF PROVISIONS.
1.1. The Contract or Purchase Order to which these Federal
Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict
between the provisions of these Federal Provisions, the
Special Provisions, the body of the Contract or Purchase
Order, or any attachments or exhibits incorporated into and
made a part of the Contract or Purchase Order, the provisions
of these Federal Provisions shall control.
2. COMPLIANCE.
2.1. Contractor shall comply with all applicable provisions of
the Transparency Act, all applicable provisions of the Uniform
Guidance, and the regulations issued pursuant thereto,
including but not limited to these federal Provisions. Any
revisions to such provisions or regulations shall automatically
become a part of these Federal Provisions, without the
necessity of either party executing any further instrument.
The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be a
condition precedent to the effectiveness of such revisions.
3. SYSTEM FOR AWARD MANAGEMENT (SAM)AND UNIQUE ENTITY ID REQUIREMENTS.
3.1. SAM. Contractor shall maintain the currency of its
information in SAM until the Contractor submits the final
financial report required under the Award or receives final
payment, whichever is later. Contractor shall review and
update SAM information at least annually after the initial
registration, and more frequently if required by changes in its
information.
3.2. Unique Entity ID. Contractor shall provide its Unique Entity
ID to its Recipient, and shall update Contractor’s information
at http://www.sam.gov at least annually after the initial
registration, and more frequently if required by changes in
Contractor’s information.
4. CONTRACT PROVISIONS REQUIRED BY UNIFORM GUIDANCE APPENDIX II TO PART 200.
Page 13 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 101
Item 6.
4.1.Contracts for more than the simplified acquisition
threshold,which is the inflation adjusted amount determined
by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by
41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and
penalties as appropriate. The simplified acquisitions threshold
is $250,000
4.2.All contracts in excess of $10,000 must address
termination for cause and for convenience by the
non-Federal entity including the manner by which it will be
effected and the basis for settlement.
4.3.Equal Employment Opportunity.Except as otherwise
provided under 41 CFR Part 60, all contracts that meet the
definition of “federally assisted construction contract” in 41
CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30
FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, “Amending Executive
Order 11246 relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR Part 60, “Office of
federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
Page 14 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 102
Item 6.
4.4.Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).
When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by
non-Federal entities must include a provision for compliance
with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute,
contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages
not less than once a week. The non-Federal entity must place
a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to
award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The non-Federal
entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback”
Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-Federal entity must report
all suspected or reported violations to the Federal awarding
agency.
Page 15 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 103
Item 6.
4.5.Contract Work Hours and Safety Standards Act (40
U.S.C. 3701-3708). Where applicable, all contracts awarded
by the non-Federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of intelligence.
4.6.Rights to Inventions Made Under a Contract or
Agreement.If the Federal award meets the definition of
“funding agreement” under 37 CFR § 401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a
small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of
experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
4.7. Clean Air Act (42 U.S.C. 7401-7671q.) and the federal
Water Pollution Control Act (33 U.S.C. 1251-1387),as
amended - Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency
and the Regional Office of the Environmental Protection
Agency (EPA).
Page 16 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 104
Item 6.
4.8. Debarment and Suspension (Executive Orders 12549
and 12689) - A contract award (see 2 CFR 180.220) must not
be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)
and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment
and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order
12549.
4.9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) -
Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place
in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the
non-Federal award.
4.10. Prohibition on certain telecommunications and video
surveillance services or equipment §2 CFR 200.216
4.10.1. Recipients and sub recipients are prohibited from obligating or expending loan or
grant funds to:
4.10.1.1. Procure or obtain;
4.10.1.2. Extend or renew a contract to procure or obtain; or
4.10.1.3. Enter into a contract (or extend a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of
any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such
entities).
4.11.Contracts with small and minority businesses,
women’s business enterprises, and labor surplus area
firms. (2 CFR §200.321).The non-Federal entity must take
all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus
area firms are used when possible.
4.12.Domestic preferences for procurements. (2 CFR
§200.322)As appropriate and to the extent consistent with
law, the non-Federal entity should, to the greatest extent
Page 17 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 105
Item 6.
practicable under a Federal award, provide a preference for
the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section
must be included in all subawards including all contracts and
purchase orders for work or products under this award.
4.13.Procurement of recovered materials. (2 CFR §200.323)
A non-Federal entity that is a state agency or agency of a
political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in
the EPA guidelines.
5. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
5.1. Pursuant to §4.2 of these Federal Provisions, the State of
Colorado may terminate this contract, in whole or in part,
when it is in the Government’s interest. Solicitations and
contracts shall include clauses as required by FAR 49.502
(2023). Termination for convenience of the government shall
comply with the following provisions of the Federal
Acquisition Regulations:
5.1.1. For Fixed Price Contracts: FAR 52.249-2 (2023)
5.1.2. For Contracts for Personal Services: FAR 52.249-12 (2023)
5.1.3. For Construction Contracts for Dismantling, Demolition, or Removal of Improvements:
FAR 52.249-3 (2023)
5.1.4. For Educational and Other Nonprofit Institutions: FAR 52.249-5 (2023)
6. EVENT OF DEFAULT.
6.1. Failure to comply with these Federal Provisions shall
constitute an event of default under the Contract and the
State of Colorado may terminate the Contract upon 30 days
prior written notice if the default remains uncured five
calendar days following the termination of the 30 day notice
period. This remedy will be in addition to any other remedy
available to the State of Colorado under the Contract, at law
or in equity.
Page 18 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 106
Item 6.
Page 19 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 107
Item 6.
File Attachments for Item:
7. First Reading of Ordinance No. 107, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Various Programs and Services as Designated by the
Donors.
The purpose of this item is to request an appropriation of $58,120 in philanthropic revenue
received through City Give. These 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.
Page 108
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 107, 2024, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for Various Programs and Services as Designated by the Donors.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $58,120 in philanthropic revenue received through
City Give. These 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations supporting various departments totaling
$58,120 and these funds are currently unappropriated. As acknowledged by Section 2.5 of the City's Fiscal
Management Policy 2-Revenue approved by City Council, the City Manager has adopted the Philanthropic
Governance Policy to provide for the responsible and efficient management of charitable donations to the
City.
This item requests appropriation of $58,120 in philanthropic revenue received by City Give as follows:
FC Moves received Sponsorships for Open Streets and Bike to Work Day totaling $11,500 and charitable
gifts of $5,000 received from FoCo Fondo in support of Safe Routes to School and $120 for Mediation and
Restorative Justice.
Police Services received charitable gifts totaling $11,500 designated by the donors in support of K9 Unit and
Santa Cops, and $5,000 awarded from Target for the 2024 Police Leaders Summit.
Page 109
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The Senior Center received a gift of $25,000 from the estate of Donald Pa rk in support of Senior Center
programming designated by the donor.
These generous donations have been directed by the respective donors to be used by the City for
designated uses within and for the benefit of City service areas and programs.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $58,120 in new philanthropic revenue received in 2024 through City Give
for gifts to various City departments support a variety of programs and services.
The donations shall be expended from the designated fund solely for the donors’ directed intent. New
Unanticipated Philanthropic Revenue is as follows:
Open Streets/BTWD Sponsorship
$11,500 Transportation Fund
Safe Routes to School $5,000 Transportation Fund
Police Services Charitable Gifts $16,500 General Fund
Mediation & Restorative Justice
Charitable Gifts
$120 General Fund
Senior Center Charitable Gifts $25,000 Recreation Fund
The funds have been received and accepted per City Give Administrative and Financial Policy.
The City Manager has also determined that these appropriations, are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 110
Item 7.
-1-
ORDINANCE NO. 107, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE RECEIVED BY CITY GIVE FOR VARIOUS
PROGRAMS AND SERVICES AS DESIGNATED BY THE
DONORS
A. The City of Fort Collins has long been the beneficiary of local philanthropy.
Generosity is demonstrated in both large and modest gifts, each appreciated for its
investment in the mission and the range of services the City strives to deliver.
B. The City has received $58,120 in philanthropic gifts that require
appropriation by City Council. These gifts are: $11,500 received by FC Moves for Open
Streets and Bike to Work Day; $5,000 from FoCo Fondo to support Safe Routes to
School; $120 for Mediation and Restorative Justice; $11,500 for Police Services’ K9 Unit
and Santa Cops; $5,000 from Target Corporation for the 2024 Police Leaders Summit;
and $25,000 from Donald Park to support Senior Center programming.
C. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of supporting a variety of City
programs and services as described herein.
D. 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 a nd all other funds to be
received during the fiscal year.
E. The City Manager has recommended the appropriations described in this
Ordinance and determined that the amount of each of these appropriations is available
and previously unappropriated from the fu nds named in this Ordinance and will not cause
the total amount appropriated in each such fund to exceed the current estimate of actual
and anticipated revenues to be received in those funds 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
FORT COLLINS that there is hereby appropriated in the following funds these amounts
of philanthropic revenue received in 2024 to be expended as designated by the donors in
support of the various City programs and services as described in this Ordinance.
Transportation Services Fund $16,500
General Fund $16,620
Recreation Fund $ 25,000
Page 111
Item 7.
-2-
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Ted Hewitt
Page 112
Item 7.
File Attachments for Item:
8. First Reading of Ordinance No. 108, 2024, Authorizing Transfer of Appropriations for
the Affordable Housing and Planning and Development Process Improvement Project.
The purpose of this item is to transfer matching funds in the amount of $55,000 from the
Licensing, Permitting, and Code Enforcement operating business unit to the non-lapsing grant
business unit for the Affordable Housing Development Review Process grant. On May 21, 2024,
City Council adopted Ordinance No. 059, 2024, appropriating the $200,000 awarded to the City
by the State Department of Local Affairs (DOLA).
Page 113
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Clay Frickey, Planning Manager
SUBJECT
First Reading of Ordinance No. 108, 2024, Authorizing Transfer of Appropriations for the Affordable
Housing and Planning and Development Process Improvement Project.
EXECUTIVE SUMMARY
The purpose of this item is to transfer matching funds in the amount of $55,000 from the Licensing,
Permitting, and Code Enforcement operating business unit to the non-lapsing grant business unit for the
Affordable Housing Development Review Process grant. On May 21, 2024, City Council adopted
Ordinance No. 059, 2024, appropriating the $200,000 awarded to the City by the State Department of
Local Affairs (DOLA).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In February 2024, City staff applied for a $200,000 grant from the Local Planning Capacity (LPC) grant
program administered by the Department of Local Affairs (DOLA). In March 2024, staff received notification
that the City’s grant application had been awarded full funding. On May 21, 2024, City Council adopted
Ordinance No. 059, 2024, appropriating the $200,000 awarded to the City by DOLA. Staff had identified
$55,000 in matching funds to support the project. The matching funds are in a lapsing business unit
supporting the Licensing, Permitting, and Code Enforcement project. Grant funds are appropriated into a
non-lapsing business unit and matching funds must be in the same type of business unit. Moving funds
from one business unit type to another requires Council action per Municipal Code.
This Ordinance will transfer the $55,000 match from the Licensing, Permitting, and Code Enforcement
operating business unit to a non-lapsing business unit and will allow staff to begin work on the grant.
CITY FINANCIAL IMPACTS
This grant requires a 21% local match, which has already been integrated into the project scope and budget
for software expenses as part of the development review and permitting digital transformation project.
The grant is reimbursement-based.
There is no ongoing financial impact to the City.
Page 114
Item 8.
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. Ordinance No. 059, 2024
Page 115
Item 8.
-1-
ORDINANCE NO. 108, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFER OF APPROPRIATIONS FOR THE
AFFORDABLE HOUSING AND PLANNING DEVELOPMENT
PROCESS IMPROVEMENT PROJECT
A. In 2024, the City applied for and received a $200,000 grant from the Local
Planning Capacity grant program administered by the Colorado Department of Local
Affairs to be used to review and implement changes to expedite the City’s affordable
housing development review process.
B. Ordinance No. 059, 2024, appropriated the $200,000 grant award into a
non-lapsing business unit.
C. The City is required to provide $55,000 in matching funds as a condition of
the grant, and the matching funds need to be placed into a non-lapsing business unit.
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving the efficiency of the
City’s administrative processes relating to affordable housing development.
E. 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 whic h 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 neede d to accomplish the purpose
specified in the appropriation ordinance.
F. The City Manager has recommended the transfer of $55,000 from the
Licensing, Permitting, and Code Enforcement operating business unit in the General
Fund to the Local Planning Capacity Grant in the General Fund and determined that the
purpose for which the transferred funds are to be expended remains unchanged.
G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds fo r a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
H. The City Council wishes to designate the appropriation herein for the
matching funds for the Local Planning Capacity 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.
Page 116
Item 8.
-2-
In light of the foregoing recitals, which the Council hereby makes an d 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 FIFTY-
FIVE THOUSAND DOLLARS ($55,000) is authorized for transfer from the Lice nsing,
Permitting, and Code Enforcement operating business unit in the General Fund to the
Local Planning Capacity Grant in the General Fund and appropriated therein to be
expended for the matching amount towards the Local Planning Capacity Grant.
Section 2. The appropriation herein for the matching funds for the Local
Planning Capacity 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.
Introduced, considered favorably on first reading on the August 20, 2024, and
approved on second reading for final passage on the September 3, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Brad Yatabe
Page 117
Item 8.
ORDINANCE NO.059,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE LOCAL
PLANNING CAPACITY GRANT FOR THE AFFORDABLE HOUSING
AND PLANNING DEVELOPMENT PROCESS IMPROVEMENT
PROJECT AND APPROVING A RELATED GRANT AGREEMENT
A.In February 2024,the City applied for a $200,000 grant from the Local
Planning Capacity (“LPC”)grant program administered by the Department of Local Affairs
DOLA”).The LPC grant program was established by Proposition 123,the State
Affordable Housing Fund and supports local governments’efforts to implement systems
that expedite the development review process for affordable housing.
B.In March 2024,staff received notification that the City’s grant application
had been awarded full reimbursement funding,subject to a 21%match requirement.
DOLA has provided the City with a draft grant agreement (“Agreement”)to govern the
grant funding,which is attached hereto as Exhibit “A”.
C.This Grant will be used to help reduce approval timelines for affordable
housing by approximately 50%compared to Fort Collins’s baseline approval averages
from 2019-2023 (“Project”.).Staff plans to achieve this goal through both land use code
changes and a formal process improvement project utilizing LEAN principles.Grant
funding will support consultant expertise in LEAN principles and project management,
which are critical for a project that seeks to implement process improvement among the
more than fifteen departments involved in development review.Upon completion,Fort
Collins will be poised to consistently achieve the 90-day Fast Track requirements under
Proposition 123.
D.The state of Colorado issued the Agreement,which grants an award of
200,000 to the City for the Project.The Agreement includes a 21%City match
requirement of the total Project cost and such funds were previously appropriated.
E.This appropriation benefits public health,safety and welfare of the citizens
of Fort Collins and serves the public purpose of improving the efficiency of the City’s
administrative processes relating to affordable housing development.
F.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.
G.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.
1—
CO
P
Y
Page 118
Item 8.
H.Article V,Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal,state or private grant
or donation,that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made,but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
I.The City Council wishes to designate the appropriation herein for the Local
Planning Capacity 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 THOUSAND DOLLARS ($200,000)to be
expended in the General Fund for the Affordable Housing and Planning Development
Process Improvement Project.
Section 2.The appropriation herein for the Local Planning Capacity 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.
Section 3.The City Council authorizes the City Manager or their designee to
accept the grant and obligate the City to comply with the terms of the grant of the award
and Agreement.
Introduced,considered favorably on first reading on May 7,2024,and approved
on second reading for final passage on May 21,2024.
ATTEST:
Interim City Clerk -
Effective Date:May 31,2024
Approving Attorney:Ted Hewitt
CO
P
Y
Page 119
Item 8.
EXHIBIT A TO ORDINANCE NO 059 2024
State of Colorado Intergovernmental Grant Agreement
SUMMARY OF TERMS AND CONDITIONS
State Agency DLG Portal Number CMS Number
Department of Local Affairs (DOLA)LPC-24-010 190603
Grantee Grant Award Amount Retainage Amount
City of Fort Collins $200,000.00 $10,000.00
Project Number and Name Performance Start Date Grant Expiration Date
LPC-24-0 10 Fort Collins -Fast Track LEAN Process The later of the Effective Date December 31,2025
Improvements or April 22,2024
Project Description Program Name
The Project consists of upgrading development review Local Planning Capacity Grant Program (Acctg Dropdwn LPO)
software and hiring consultants to support Lean process Funding Source
improvements across City departments in order to implement STATE FUNDS
a system to expedite the development review process for Catalog of Federal Domestic Assistance (CFDA)Number
affordable housing projects and generally advance affordable N A
housing goals in Fort Collins,Colorado.
DOLA Program Manager Funding Account Codes
Robyn DiFalco.(720)682-5202,(robvn.difalco(?i~state.co.us)Acctg enters CTGGI it
DOLA Program Assistant VCUST#Address
Jessica Rupe,(720)557-4902,(iessica.runee?1~state.co.us)14149 Code A0004 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
Jared S.Polis,Governor
DEPARTMENT OF LOCAL AFFAIRS DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER Maria De Cambra,Executive Director
By:Maria De Cambra,Executive Director
By:Robyn DiFalco,LPC Program Manager
Date:Date:
In accordance with §24-30-202 C.R.S.,this Grant is not valid until signed and dated below by the State Controller
or an authorized_delegate (the “Effective Date”).
STATE CONTROLLER
Robert Jaros.CPA,MBA,JD
By:Beulah Messick,Controller Delegate
Department of Local Affairs
Effective Date:
CO
P
Y
Page 120
Item 8.
EXHIBIT A TO ORDINANCE NO.059,2024
LPC-24-OlO Fort Collins -Fast Track LEAN Process Improvements
TERMS AND CONDITIONS
1.GRANT
As of the Performance Start Date,the State Agency shown on the Summary of Terms and
Conditions page of this Intergovernmental Grant Agreement (the “State”)hereby obligates and
awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement (the “Grantee”)an award of Grant Funds in the amount shown on the Summary
of Terms and Conditions page of this Intergovernmental Grant Agreement.By accepting the Grant
Funds provided under this Intergovernmental Grant Agreement,Grantee agrees to comply with the
terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions
of all Exhibits to this Intergovernmental Grant Agreement.
2.TERM
A.Initial Grant Term and Extension
The Parties’respective performances under this Intergovernmental Grant Agreement shall
commence on the Performance Start Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement.Upon request of Grantee,the State may,in its sole
discretion,extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter showing
the new Grant Expiration Date.
B.Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor,General Assembly,or Courts.If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State,Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated,or otherwise become unavailable to fund this Intergovernmental Grant
Agreement,the State,in its discretion may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee.If the State terminates
this Intergovernmental Grant Agreement in the public interest,the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work
satisfactorily completed,as determined by the State,less payments previously made.
Additionally,the State,in its discretion,may reimburse Grantee for a portion of actual,out-
of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement
that are incurred by Grantee and are directly attributable to the uncompleted portion of
Grantee’s obligations,provided that the sum of any and all reimbursements shall not exceed
the maximum amount payable to Grantee hereunder.This subsection shall not apply to a
termination of this Intergovernmental Grant Agreement by the State for breach by Grantee.
C.Reserved.
3.AUTHORITY
Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows:
A.Resen’ed.
Page 2 of 13 version 22023
CO
P
Y
Page 121
Item 8.
EXHIBIT A TO ORDINANCE NO.059,2024
LPC-24-O10 Fort Collins -Fast Track LEAN Process Improvements
B.State Authority
Authority to enter into this Grant exists in C.R.S.24-32-106 and 29-3.5-101 and funds have
been budgeted,appropriated and otherwise made available pursuant to C.R.S.Section 29-32-
1030)eL seq.(Affordable Housing Support Fund)and a sufficient unencumbered balance
hereof remains available for payment.Required approvals,clearance and coordination have
been accomplished from and with appropriate agencies.This Intergovernmental Grant
Agreement is funded,in whole or in part,with State funds.
4.DEFJNITIONS
The following terms shall be construed and interpreted as follows:
A.“Budget”means the budget for the Work described in Exhibit B.
B.“Business Day”means any day on 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 §24-11-10J(1)C.R.S.
C.Reserved.
U.“CORA”means the Colorado Open Records Act,§~24-72-20O.1 c/seq.,C.R.S.
E.“Grant”or “Intergovernmental Grant Agreement”means this agreement which offers
Grant Funds to Grantee,including all attached Exhibits,all documents incorporated by
reference,all referenced statutes,rules and cited authorities,and any future updates thereto.
F.“Grant Funds”or “Grant Award Amount”means the funds that have been appropriated,
designated,encumbered,or otherwise made available for payment by the State under this
Intergovernmental Grant Agreement.
G.“Grant Expiration Date”means the Grant Expiration Date shown on the Summary of Terms
and Conditions age of this Lntergovernmental Grant Agreement.Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
H.“Performance Start Date”means the later of the Performance Start Date or the Effective
Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement.
I.“Exhibits”means the following exhibits attached to this Intergovernmental Grant
Agreement:
i.Exhibit B,Scope of Project
ii.Exhibit G,Form of Option Letter
J.“Extension Term”means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement,an
amendment,or an Option Letter.
K.Reserved.
L.Reserved.
M.“Goods”means any movable material acquired,produced,or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired produced,or delivered by Grantee in connection with the Services.
Page 3 of 13 Version 12
CO
P
Y
Page 122
Item 8.
EXHIBIT A TO ORDINANCE NO 059 2024
LPC-24-O1 0 Fort Collins -Fast Track LEAN Process Improvements
N.“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.
0.“Initial Term”means the time period between the Performance Start Date and the initial
Grant Expiration Date.
P.“Matching Funds”or “Other Funds”means funds provided by the Grantee as a match
required to receive the Grant Funds.
Q.“Party”means the State or Grantee,and “Parties”means both the State and Grantee.
R.Resen’ed.
S.Reserved.
T.Reserved.
U.Reserved.
V.“Services”means the services performed by Grantee as set forth in this Intergovernmental
Grant Agreement,and shall include any services rendered by Grantee in connection with the
Goods.
W.“State Confidential Information”means any and all State Records not subject to disclosure
under CORP..State Confidential Information shall include,but is not limited to State
personnel records not subject to disclosure under CORP..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 Grantee which (i)is subject to disclosure pursuant to CORA;(ii)is already known
to Grantee without restrictions at the time of its disclosure to Grantee;(iii)is or subsequently
becomes publicly available without breach of any obligation owed by Grantee to the State;
iv)is disclosed to Grantee,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.
X.“State Fiscal Rules”means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-2020 3)(a)C.R.S.
V.“State Fiscal Year”means a 12 month period beginning on July 1 of each calendar year and
ending on June30 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.
Z.“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 CORP..
AA.Reserved.
RB.“Subcontractor”means third-parties,if any,engaged by Grantee to aid in performance of
the Work.“Subcontractor”also includes sub-grantees.
CC.Reserved.
DD.Reserved.
EE.Reserved.
FF.“Work”means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
Page 4 of 13 version 2
CO
P
Y
Page 123
Item 8.
EXHIBIT A TO ORD NANCE NO 059 2024
LPC-24-O10 Fort Collins -Fast Track LEAN Process Improvements
GG.“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 Performance Start
Date that is used,without modification,in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
5.PURPOSE
The purpose of the Local Planning Capacity Grant Program is to increase the capacity of local
government planning departments responsible for processingland ilse~permitting,and zoning
applications for affordable housing projects.The purpose of tHis Grant is described in Exhibit B.
6.SCOPE OF PROJECT a
Grantee shall complete the Work as described in this Ir~tergovernmental Grant Agreement and in
accordance with the provisions of Exhibit B.The Siate shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the peffoiüiance of any services that are not
specifically set forth in this Intergovernmental Grant AQgrëernent.
7.PAYMENTS TO GRANTEE
A.Maximum Amount
Payments to Grantee are limited to tIj~unpaid,obligated balance of the Grant Funds.The
State shall not pay Grañteekany amount u’nder this Grant that exceeds the Grant Award
Amount shown on the Suriithary of Terms and Conditions page of this Intergovernmental
Grant Agreement*~8
i.The State .rnay increa~I or’decrease the Grant Award Amount by providing Grantee
with an ujdated Inter~overnmèntal Grant Agreement or an executed Option Letter
showing the ne~E rant Award Amount.
ii.,t;The State shall not~j~g~liable to pay or reimburse Grantee for any Work performed or
expense in~êuned beforethe Performance Start Date or after the Grant Expiration Date.
ilL Financial obligations of the State payable after the current State Fiscal Year are
contingent up35~funds for that purpose being appropriated,budgeted,and otherwise
ihade availa6i~
B.Reserv&t
C.Matching Fu’nds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the
Local Match Amount”).Grantee shall appropriate and allocate all Local Match Amounts to
the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting
any Grant Funds for that fiscal year.Grantee does not by accepting this Intergovernmental
Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year
debt of Grantee.Grantee shall not pay or be liable for any claimed interest,late charges,fees,
taxes or penalties of any nature,except as required by Grantee’s laws or policies.
Page 5 of 13 version 12
CO
P
Y
Page 124
Item 8.
EXHIBIT A TO ORDINANCE NO.059,2024
LPC-24-O1O Fort Collins -Fast Track LEAN Process Improvements
P.Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs,not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B.
The State shall only reimburse allowable costs if those costs are:(a)reasonable and necessary
to accomplish the Work and for the Goods and Services provided;and (b)equal to the actual
net cost to Grantee (i.e.the price paid minus any items of value received by Grantee that
reduce the cost actually incurred).
i.pon request of the Grantee,the State may,without changing the maximum total
amount of Grant Funds,adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E.Close-Out and De-obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date.To
complete close out,Grantee shall submit to the State all deliverables (including
documentation)as defined in this Intergovernmental Grant Agreement and Grantee’s final
reimbursement request or invoice.The State will withhold 5%of allowable costs until all
final documentation has been submitted and accepted by the State as substantially complete.
Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement
request are subject to de-obligation by the State.
F.Erroneous Payments
The State may recover,at the State’s discretion,payments made to Grantee in error for any
reason,including,but not limited to,overpayments or improper payments,and unexpended
or excess funds received by Grantee.The State may recover such payments by deduction
from subsequent payments under this Intergovernmental Grant Agreement,deduction from
any payment due under any other contracts,grants or agreements between the State and
Grantee,or by any other appropriate method for collecting debts owed to the State.
8.REPORTING -NOTIFICATION
A.Performance and Final Status
Grantee shall submit all financial,performance and other reports to the State no later than the
end of the close out period described in §7.E.
B.Violations Reporting
Grantee shall disclose,in a timely manner,in writing to the State,all violations of federal or
State criminal law involving fraud,bribery,or gratuity violations potentially affecting this
Award.
9.GRANTEE RECORDS
A.Maintenance and Inspection
Grantee shall make,keep,and maintain,all records,documents,communications,notes and
other written materials,electronic media files,and communications,pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant.Grantee shall permit the State to audit,inspect,examine,excerpt,copy and transcribe
all such records during normal business hours at Grantee’s office or place of business,unless
Page 6 of 13 version 12
CO
P
Y
Page 125
Item 8.
EXHIBIT A TO ORDINANCE NO.059 2024
LPC-24-OlO Fort Collins -Fast Track LEAN Process Improvements
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B.Monitoring
The State will monitor Grantee’s performance of its obligations under this Intergovernmental
Grant Agreement using procedures as determined by the State.The State shall have the right,
in its sole discretion,to change its monitoring procedures and requirements at any time during
the term of this Agreement.The State shall monitor Grantee’s performance in a manner that
does not unduly interfere with Grantee’s performance of the Work.
C.Audits
Grantee shall comply with all State and federal audit requirements.
10 CONFIDENTIAL INFORMATION-STATE RECORDS
A.Confidentiality
Grantee shall hold and maintain,and cause all Sub&ñtractors to hold and~rnaintain,any and
all State Records that the State provides or4~icTs available to Grantee f&the sole and
exclusive benefit of the State,unless those State Records are otherwise publically available
at the time of disclosure or are subject to discldsure ~~Grantee under CORA.Grantee shall
not,without prior written approval of the State,use for~Grantee’s own benefit,publish,copy,
or otherwise disclose to any third party or permit the~use by any third party for its benefit or
to the detriment of the State,any State Records,Exèept as otherwise stated in this
Intergovernmental Grant Agreement~Gra’nteé shall provide for the security of all State
Confidential Information in accordance~with al!poiIZi~spromuIgated by the Colorado Office
of Information Security and all applicableilaws,rules,~blicies,publications,and guidelines.
If Grantee or any of ifs SuBcontractots~viII or may receive the following types of data,
Grantee or its Subóontractorsshall provide for the security of such data according to the
following:(I)tht~ost recently promulgated IRS Publication 1075 for all Tax Information
and in accordance1with theSafe~uarding Requirements for Federal Tax Information attached
to this Grant as an Exhigit if appIic~bl~(ii)the most recently updated PCI (payment card
information)Data Security Standard from the PCI Security Standards Council for all PCI,
iii)~ihe most~ecentIy issued version of the U.S.Department of Justice,Federal Bureau of
1n~stigation,Criminal ]~ttice Information (CJI)Services Security Policy for all CJI,andw(
iv)the federal Health Insurance Portability and Accountability Act (HIPAA)for all
jrotected health ini~rmation (PHI)and the HIPAA Business Associate Agreement attached
to this.Grant,if applicable.Grantee shall immediately forward any request or demand for
State Records to the State’s principal representative.
B.Other EntitygAccess and Nondisclosure Agreements
Grantee may provide State Records to its agents,employees,assigns and Subcontractors as
necessary to perform the Work,but shall restrict access to State Confidential Information to
those agents,employees,assigns and Subcontractors who require access to perform their
obligations under this Intergovernmental Grant Agreement.Grantee shall ensure all such
agents,employees,assigns,and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant,and that the nondisclosure agreements
are in force at all times the agent,employee,assign or Subcontractor has access to any State
Page 7 of 13 version 122023
CO
P
Y
Page 126
Item 8.
EXHIBIT A TO ORDINANCE NO 059 2024
LPC-24-0lO Fort Collins -Fast Track LEAN Process Improvements
Confidential Information.Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C.Use,Security,and Retention
Grantee shall use,hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States,and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located.Grantee shall provide the State with access,subject to
Grantee’s reasonable security requirements,for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness.Upon
the expiration or termination of this Grant,Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so,as directed
by the State.If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information,Grantee warrants it will guarantee the confidentiality of,and cease
to use,such State Confidential Information.
B.Incident Notice and Remediation
If Grantee becomes aware of any Incident,it shall notify the State immediately and cooperate
with the State regarding recovery,remediation gnd the necessity to involve law enforcement,
as determined by the State.After an Incident,Grahtee 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 r~mediation plan that is approved by the
State at no additional cost to the State.~$:.,
E.Safeguarding Personally Identifiable information (Pll)gv
If Grantee or any of itsISU&ontractors *i!I&may receive P11 under this Agreement,Grantee
shall provide for the)~écurity~’.of such P11,in a manner and form acceptable to the State,
including,without limitation,State ribn-disclosure requirements,use of appropriate
technology,seéuirity practices,computer acbess security,data access security,data storage
encryption,data transmission encryption security inspections,and audits.Grantee shall be a
Third-Party Serdcé Prdvider”as defined in §24-73-103(1)0),C.R.S.and shall maintain
securityjfrocedures and practices consistent with §~24-73-101 c/seq.,C.R.S.In addition,as
setti~{h in §24-7~4-I02,et~seq.,C.R.S.,Grantee,including,but not limited to,Grantee’s
employees,ageiit&’and Subóóntractors,agrees not to share any P11 with any third parties for
the purpose of inv&stigating for,participating in,cooperating with,or assisting with Federal
immigration enforcement.If Grantee is given direct access to any State databases containing
P11,G?antee shall execute,on behalf of itself and its employees,the certification on an annual
basis,attached a~àn exhibit,if applicable.Grantee’s duty and obligation to certify as set forth
in the exliil~j~shall continue as long as Grantee has direct access to any State databases
containing PIT.If Grantee uses any Subcontractors to perform services requiring direct access
to State databases containing P11,the Grantee 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 P11.
11.CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities,or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant.Grantee
acknowledges that,with respect to this Grant,even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval,Grantee shall refrain
PageS of 13 Version 122023
CO
P
Y
Page 127
Item 8.
EXHIBIT A TO ORDINANCE NO 059 2024
LPC-24-O1O Fort Collins -Fast Track LEAN Process Improvements
from any practices,activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant.If a conflict or the appearance of a conflict
arises,or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration.Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105,C.R.S.Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105,C.R.S.with regard to this Grant.
12.INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance,by
commercial policy or self-insurance,as is necessary to meet its liabilities under the Colorado
Governmental immunity Act,§24-10-101,ci seq.,C.R.S.(the “GIA”).Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13.REMEDIES
In addition to any remedies available under any Exhibit to this Intergovernmental Grant
Agreement,if Grantee fails to comply with any term or condition of this Grant,the State may
terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State
in the State’s sole discretion.The State may also terminate this Intergovernmental Grant
Agreement at any time if the State has determined,in its sole discretion,that Grantee has ceased
performing the Work without intent to resume performance,prior to the completion of the Work.
14.DISPUTE RESOLUTION
Except as herein specifically provided otherwise,disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15.NOTICES AND REPRESENTATIVES
Each Party shall identi&an individual to be the principal representative of the designating Party
and shall provide this information to the other Party.All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing,and shall be delivered either in
hard copy or by email to the representative of the other Party.Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §15.
16.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual,irrevocable,non-exclusive,royalty free license,with
the right to sublicense,to make,use,reproduce,distribute,perform,display,create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17.GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments,boards,commissions,committees,bureaus,offices,employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental immunity Act,
24-10-101,eiseq.,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-l50l,c/seq.C.R.S.No term or
Page 9 of 13 version 12
CO
P
Y
Page 128
Item 8.
EXHIBIT A TO ORDINANCE NO.059,2024
LPC-24-010 Fort Collins Fast Track LEAN Process Improvements
condition of this Intergovernmental Grant Agreement 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.
18.GENERAL PROVISIONS
A.Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior,written consent of the State.Any attempt at assignment or transfer
without such consent shall be void.Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
B.Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only,and shall not be used to interpret,define,or limit its provisions.All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the §symbol),subsections,exhibits or other attachments,are references to sections,
subsections,exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C.Entire Understanding
This intergovernmental Grant Agreement 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 Intergovernmental
Grant Agreement.
D.Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement,which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter.The Parties may also agree to modification of the
terms and conditions of the Grant in either an option letter or a formal amendment to this
Grant,properly executed and approved in accordance with applicable Colorado State law and
State Fiscal Rules.
E.Statutes,Regulations,Fiscal Rules,and Other Authority
Any reference in this Intergovernmental Grant Agreement to a statute,regulation,State Fiscal
Rule,fiscal policy or other authority shall be interpreted to refer to such authority then
current,as may have been changed or amended since the Performance Start Date.Grantee
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.
F.Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract,Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules,then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
Page 10 of 13 version 2
CO
P
Y
Page 129
Item 8.
EXHIBITATO ORDINANCE NO 059 2024
LPC-24-OIO Fort Collins -Fast Track LEAN Process Improvements
G.Order of Precedence
In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement
and any Exhibits or attachment,such conflict or inconsistency shall be resolved by reference
to the documents in the following order of priority:
i.Colorado Special Provisions in §19 of the main body of this Grant;
ii.Any executed Option Letter and Amendment;
iii.The provisions of this Intergovernmental Grant Agreement;and
iv.The provisions of any exhibits to this Intergovernmental Grant Agreement.
H.Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement,which shall remain in full force and effect,provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
J.Third Party Beneficiaries
Except for the Parties’respective successors and assigns described above,this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties.Any services or benefits which
third parties receive as a result of this Grant are incidental to the Grant,and do not create any
rights for such third parties.
K.Waiver
A Party’s failure or delay in exercising any right,power,or privilege under this
Intergovernmental Grant Agreement,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.
L.Accessibility
i.Grantee shall comply with and adhere to Section 508 of the U.S.Rehabilitation Act
of 1973,as amended.
ii.Grantee shall comply with and the Work Product provided under this Agreement
shall be in compliance with all applicable provisions of §~24-85-l0l,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.Grantee 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.
Page II of 13 version 122 23
CO
P
Y
Page 130
Item 8.
EXHIBITATOORDNANCENO 059 2024
LPC-24-OlO Fort Collins -Fast Track LEAN Process Improvements
iii.The State may require Grantees compliance to the State’s Accessibility Standards
to be determined by a third party selected by the State to attest to Grantee’s Work
Product and software is in compliance with §~24-85-101,et seq.,C.R.S.,and the
Accessibility Standards for Individuals N ith a Disability as established by OIT
pursuant to Section §24-85-103 (2.5),C.R.S.
M.Reserved.
19.COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A.STATUTORY APPROVAL.§24-30-202(1)C.R.S.
This Intergovernmental Grant Agreement shall not be valid until it has been approved by the
Colorado State Controller or designee.If this Intergovernmental Grant Agreement is for a
Major Information Technology Project,as definedin §24-37.5-102(2.6),then this
Intergovernmental Grant Agreement 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)ÜR.S.
Financial obligations of the State payable afiet~the current fiscal year are contingent upon
funds for that purpose being appropriated,budgetedpan’d otherwise made available.
C.GOVERNMENTAL IMMUNITY~
Liability for claims for injuries to pethoñs or property arising from the negligence of the
Parties,its departments,boards,conirnissionscommittee~%ureaus,offices,employees and
officials shall be controlled and limited byth~provisions of the ColoradoGovernmentalWa-
Immunity Act,§24~lO:lOI,.et seq.,C4R~S~the Federal Tort Claims Act,28 U.S.C.Pt.VI,
Ch.171 and 28 U~C[1346( b),and the State’s risk management statutes,§~24-3O-150l,ci
seq.C.R.S.No,term or coWdition of this Intergovernmental Grant Agreement shall be
construed oriiite~preted as~ã waiver,express or implied,of any of the immunities,rights,
benefits,protections or othé~pro.’isions,contained in these statutes.
1,:
D.INDEPENDENT CONTRACTOR.
it
Grantèë shall petform its-duties hereunder as an independent Grantee and not as an employee.
Neither Grantei~tr anyl~ent or employee of Grantee shall be deemed to be an agent or
êrnpIoyee of the StAte.Grantee shall not have authorization,express or implied,to bind the
State to any agreement,liability,or understanding,except as expressly set forth herein.
Gi~antee and its eñiployees and agents are not entitled to unemployment insurance or
workers compeiis&tion benefits through the State and the State shall not pay for or
otherwisé~jg~ide such coverage for Grantee or any of its agents or employees.Grantee
shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Intergovernmental Grant Agreement Grantee 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.
E.COMPLIANCE WITH LAW.
Grantee 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.
Page i2of 13 Version 1221
CO
P
Y
Page 131
Item 8.
EXHIBIT A TO ORDINANCE NO 059,2024
LPC-24-OIO Fort Collins -Fast Track LEAN Process Improvements
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 Intergovernmental Grant Agreement.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 intergovernmental
Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
C.PROHIBITED TERMS.
Any term included in this Intergovernmental Grant Agreement that requires the State to
indemnii3’or hold Grantee harmless;requires the State to agree~•~to binding arbitration;limits
Grantee’s liability for damages resulting from death,bodily:iñjüry,or damage to tangible
property;or that conflicts with this provision in any way sh~äll be void ab initio.Nothing in
this Intergovernmental Grant Agreement shall be construid as a waicer of any provision of
24-106-109 C.R.S.
H.SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under thislitergovernirkntal Grant Agreement shall not
be used for the acquisition,operation,or maini&nance ofcomputer software in violation of
federal copyright laws or applicable licensing rèitriètions.Grantee hereby certifies and
warrants that,during the term of this’Intergovernmental Grant Agreement and any extensions,
Grantee has and shall maintain i~~la[cé.appropriate systems and controls to prevent such
improper use of public funds.If t1ie~State determines t~~Grantee is in violation of this
provision,the State may exercise añygemedy k~iaiIa6le at law or in equity or under this
Intergovernmental Grant-Agreement,including,without limitation,immediate termination of
this intergovernment~itGràñtAgreemei~iVAnd any remedy consistent with federal copyright
laws or applicableflicensing i4~trictions.7’~.
EMPLOYEE flNANCIAIC.INTEREST/$~ONFLICT OF INTEREST.§~24-18-201 and
24-50-507C.R.S.’
The signatories averth~t to their knowledge,no employee of the State has any personal or
benëfi~ial’interest whatsoever in the service or property described in this Intergovernmental
G~M~Agreemen~Grantèèhasno interest and shall not acquire any interest,direct or indirect,
that would confiic~ih any manner or degree with the performance of Grantee’s services and
Grantee shall not employ any person having such known interests.
IL
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 13 of 13 Version 122023
CO
P
Y
Page 132
Item 8.
EXHIBIT A TO ORDINANCE NO 059,2024
LPC-24-0I0 Fort Collins -Fast Track LEAN Process Improvements
EXHIBIT B -SCOPE OF PROJECT (SOP)
1.PURPOSE
1.1.Local Planning Capacity.The purpose of the Local Planning Capacity (LPC)grant program is to
provide funding to local governments to increase the capacity of their planx~ing departments responsible
for processing land use,permitting,and zoning applications for housing projects.“Fast Track”or
expedited review of affordable housing projects is a top priority to increase the number of units built.
Grant Funds may be used support new staff wages,hiring consultants,implementing new systems and
technologies,revising land use development codes,regional collaborations,and tracking and
documentation of Prop 123 goals.
2.DESCRIPTION OF THE PROJECT(S)AND WORK
2.1.Project Description.The Project consists of upgrading developmenvr~vi~w software and hiring
consultants to support Lean process improvements across City departrneñtsin order to implement a
system to expedite the development review process for affordable)ousing projects and generally
advance affordable housing goals in Fort Collins,Colorado.•.~,‘~
2.2.Work Description.The City of Fort Collins (Grantee)wilIhire qualified consultàiits,with expertise in
Lean principles and project management,to explore proèess improvements across City~dèpartments in
order to implement an expedited review process foraffordable hoding.Work includes auditing
existing conditions,presenting findings,making recdninendations,staff training.and implementation
of process improvements.Additional Work includes upgrades to development review software as part
of the City’s development review digital transformation project..Grantee may also conduct targeted
stakeholder engagement activities related to some of the Projéctel ments.where applicable.The
Grantee will complete quarterly performance mèffië reporting in ~thrm provided by DOLA.
Additionally,at Project Closeout,a Final lilformal Memó.will be submitted that identifies the
following:1)description of the Grantee’s approachjo expeditédtreview of affordable housing;2)the
outcome of that effort,including whether new’policies were formally adopted and an assessment how
effectively this approach hasbeen’at.reducingjflj~amount of time required for review;3)any other
project outcomes that impacted th~Grantee’s Prop 123-related goals;4)description of community
engagement efforts;á)1the numberof affordable’rhousing units that were either permitted or preserved
during the grant p~4&I;6)the degr&;to which thrgrant has had a transformative impact on Grantee’s
affordable housing efforts and 7)any Iessohsj,èàrned.Grantee will own all resulting documents.
2.2.1.A contract for consultant services shall be awarded by Grantee to a qualified firm through a
f6~~llRequest For Proposals or competitive selection process.
2.2.2.~”A contract fdr’tlie purci~ase~or acquisition of materials or equipment shall be awarded by
Grantee to a qualified vendor or firm through a competitive selection process with the Grantee
being obligated to award the contract to the lowest responsive,responsible bidder meeting the
Grantee’s specifications.
2.2.3.During a peri2gj’~f ten (10)years following the date of closeout of the Project by the State,the
Grantéema4iiZit chanpe the ownership of the equipment.If the Grantee decides to change
the ownefsliip of the equipment to an entity which the State determines does not qualify in
meeting the original intent of the Project,the Grantee must reimburse to the State an amount
equal to the current fair market value of the equipment,less any portion of the value attributable
to expenditures of non-LPC grant funds for acquisition of and improvements to.the equipment.
At the end of the ten (10)year period following the date of completion and thereafter,no State
restrictions on ownership of the equipment shall be in effect.
2.3.Responsibilities.Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1.Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4.Recapture of Advanced Funds.To maximize the use of Grant Funds,the State shall evaluate
Grantee’s expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
Page I of 5
CO
P
Y
Page 133
Item 8.
EXHIBIT A TO ORDINANCE NO 059,2024
LPC-24-O1O Fort Collins -Fast Track LEAN Process Improvements
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5.Eligible Expenses.Eligible expenses shall include:consultant fees,RFP/bid advertisements,
equipment and software acquisition costs,freight costs,hardware,software and training costs,
installation costs,and attorney’s fees.
2.5.1.Direct costs are those that are identified as program-specific allowable costs of implementing the
grant program objective.
2.5.2.lneligible Expenses.Ineligible expenses shall include,but are not limited to,:job posting or
recruitment costs,indirect overhead or general operating costs,housing construction,pre
development costs,lobbying,food,drink,or entertainment costs.Grant~Funds may not be used to
cover legal costs to defend.4/
3.1.1.“Consultant Services”means consultant fees,RFP bid adv&rtisement~,a~hd attorney’s fees.
3.1.2.“Equipment,Software Acquisition”means freight c&’ts RFP Bid advertisèthent costs,
hardware,software and training costs,installationtosts,and attorney’s fees.
3.2.“Substantial Completion”means the Work is sufficiently complete4~’accordance with the Grant so it
can be utilized for its intended purpose without undt’è’ftiiterference.
4.DELIVERABLES
4.1.Outcome.The final outcome of this Grant~i~completion of the development review software upgrade,
documentation/reports associated with thé1pthcessFimprovement.efforts,implementation of a system to
expedite the development review procesJfSr.affo~dab1ehousing projects and or achieve Proposition
123 requirements in Fort Collins.Colorad~!ind a completed~Final Informal Memo,submitted to
DOLA....ç ~
4.2.Service Area.The performänce~oMhe Work described within this
Collins.Colorado.p
C.,
4.3.Performance Measui~es.Grantee..thall comply
Milestone/PerforiThiceMeaiUF~/GF~htee.wi1l:
Provide DOLA with bi%eliife data on estimated review time for Within 30 days after the
affordabIeJhóusi~ig.projectsDOLA will provide the teñ~plate.Effective Date of this
Intergovernmental Grant
thj.~Agreement.
B~in procurement prc5Zëss or Contractor mobilization.Within 90 days after the
Effective Date of thisIntergovernmentalGrant
W’~Agreement.
Provide DOISM5~ith a copy of Grantee’s Consultant Agreement or Within 14 days after the
its Scope of Wofk.Effective Date of the
subcontract(s).
Documentation of efforts to explore.adopt.and/or implement Within 30 days after the
policies to expedite review of affordable housing.Policy adoption.
Submit draft deliverables (land use/zoning code or policy updates,Within 7 days prior to a
reports/analysis/studies)to DOLA for review prior to adoption.scheduled public hearing.
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
3.DEFINITIONS
3.1.Project Budget Lines.
Grant shall be located in Fort
with the following performance measures:
Page 2 of 5
CO
P
Y
Page 134
Item 8.
EXHIBITATO ORDINANCE NO 059 2024
LPC-24-Ol0 Fort Collins -Fast Track LEAN Process Improvements
Submit Project Final Report March 3 1,2026
4.4.Budget Line Adjustments.
4.4.1.Grant Funds.Grantee may request in writing that DOLA move Grant Funds between and
among budget lines,so long as the total amount of Grant Funds remains unchanged.To make
such budget line changes,DOLA will use an Option Letter (Exhibit G).
4.4.2.Other Funds.Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in §6.2,or move Other Funds between and among
budget lines,so long as the total amount of such “Other Funds”is not less than the amount set
forth in §6.2 below.Grantee may increase the Total Project Cost with “Other Funds”and such
change does not require an amendment or option letter.DOLA will verify the Grantee’s
contribution of “Other Funds”and compliance with this section at Pioject Closeout.
4.5.Quarterly Pay Request and Status Reports.Beginning 30 days afte(the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided b9.the State.The State
shall pay the Grantee for actual expenditures made in the perfdrmance of this Grantibased on the
submission of statements in the format prescribed by the State.The Grantee shall submit Pay Requests
setting forth a detailed description and provide documgtation of the amounts and typ&of
reimbursable expenses.Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the disdretion:óf,the Grantee.
4.5.1.For quarters in which there are no expenditures to r~imburse.Grantee shall indicate zero (0)
requested in the Pay Request and describe the status bftI1~e Work in the Status.Report.The
report will contain an update of expenditreof funds by budget line as per §6.2 of this Exhibit
B Scope of Project as well as a prOjectioKof.all Wo.rk expected to be accomplished in the
following quarter.including an estimate of GrahrFup43~to.be expended.
4.5.2.Specific submittal dates.-)~
sjèar Due Dit~
2nd (Apr-Jun)raA~~2jJLY 15,2024*
3rd (Jul-SqS)’%2024 October30,2024
LLun~irnh 2O24~January 30’2025
12Jñ~Mar)_________________________
Apr-Jüii)’~________
Quarter Pay Request Due Status Report Due
3rd (Jul-Sep)‘
v2025
t~”:irtII4ba
2025
April 30,2025
JULY 15,2025*
Wctober 30,2025
January 30,20264th(Oct-Dec)____________________
sta~tfiscal yearrUns July 1 —June30 annually.Grantee must request reimbursement for
all eligible costilincurred during a State fiscal year by July 15 annually.
4.6.DOLA Ackndwlédgment.The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project.including but not limited to:press releases,newspaper articles,op-ed pieces.press
conferences,presentations and brochures/pamphlets.
5.PERSONNEL
5.1.Responsible Administrator.Grantee’s performance hereunder shall be under the direct supervision of
CIa Fricke Plannin Mana er ciricke fc ov.com ,who is an employee or agent of Grantee,
and is hereby designated as the responsible administrator of this Project and a key person under this §5.
Such administrator shall be updated through the process in §5.3.If this person is an agent of the
Page 3 of 5
CO
P
Y
Page 135
Item 8.
EXHIBIT A TO ORDINANCE NO.059,2024
LPC-24-OlO Fort Collins -Fast Track LEAN Process Improvements
Grantee,such person must have signature authority to bind the Grantee and must provide evidence of
such authority.
5.2.Other Key Personnel.Mea han Overton Housin Mana Cr moverton fc ov.com .Such key
personnel shall be updated through the process in §5.3.
5.3.Replacement.Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve.All notices sent under this subsection shall be sent in accordance with §15 of
the Grant.
5.4.DLG Program Manager:Rob n DiFalco 720 682-5202 rob n.difalco state.co.us
5.5.DLG Program Assistant:Jessica Rupe.1720)557-4902.(jessica.rupe(&~s e.co.us).
6.FUNDING
The State provided funds shall be limited to the amount specified under the “Grant Funds”column of §6.2,
Budget,below.
6.1.Matching/Other Funds.Grantee shall provide at least 21%of the Total Project Cost as documented
by Grantee and verified by DOLA at Project Closeout.Initial estimates of Grantee’s contribution are
noted in the “Other Funds”column of~6.2 below.Increases to Grantee’s contribution to Total Project
Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B.
6.2.Budget
Budget Line(s)Total Project Grant Other Other
Cost unds FundsFundsLineCostCategorySource
I Consultant Services $200,000 $200,000 $0 Grantee
2 Equipment.Software $55,000 $0 $55,000 Grantee
Ac uisition
Total $255,000 $200,000 $55,000
7.PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1.Payment Schedule.If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid,Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt.Excess funds shall be returned to
DOLA.
Payment Amount
Interim Payment(s)$190,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $10,000 Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion),provided
that the Grantee has submitted,and DOLA has
accepted,_all_required_reports.
Total $200,000
7.2.lAterest.Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for
administrative expenses.
8.ADMINISTRATIVE REQUIREMENTS
8.1.Reporting.Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s)if such reports are not submitted timely.
Page 4 of 5
CO
P
Y
Page 136
Item 8.
EXHIBIT A TO ORDINANCE NO.059,2024
LPC-24-O10 Fort Collins -Fast Track LEAN Process Improvements
8.1.1.Quarterly Pay Request and Status Reports.Quarterly Pay Requests shall be submitted to
DOLA in accordance with §4.5 of this Exhibit B.
8.1.2.Final Reports.Within 90 days after the completion of the Project,Grantee shall submit the final
Pay Request and Status Report to DOLA.
8.2.Monitoring.DOLA shall monitor this Work on an as-needed basis.DOLA may choose to audit the
records for activities performed under this Grant.Grantee shall maintain a complete file of all records,
documents,communications,notes and other written materials or electronic media,files or
communications,which pertain in any manner to the operation of activities undertaken pursuant to an
executed Grant.Such books and records shall contain documentation of the Grantee’s pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1.Subgrantee/Subcontractor.Grantee shall monitor its Subgrantees4nd or Subcontractors,if
any,during the term of this Grant.Results of such monitoring shall be documented by Grantee
and maintained on file.4
8.3.Bonds.If Project includes construction or facility improvements,Grantee arid/or its contractor (or
subcontractors)performing such work shall secure the bondsd ereunder from c6m~panies holding
certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and ate.authorized to do
business in Colorado..~.
8.3.1.Bid Bond.A bid guarantee from each bidder equivalent to 5~percent of the bid price.The “bid
guarantee”shall consist of a firm commitmenDsuch as a~biJ1bond,certified check,or other
negotiable instrument accompanying a bid as assurance that the bidder shall,upon acceptance of
his bid,execute such contractual documents as may bèrequired within the time specified.
8.3.2.Performance Bond.A performancebond~ong~yart of the ôontractorfor 100 percent of the
contract price.A “performance bond~’is one executed in connection with a contract to secure
fulfillment of all the contractors obligations wider suchcontract.
8.3.3.Payment Bond.A payment bond on th~partdf4he contractor for 100 percent of the contract
price.A “payment b6~’,is one execu4àin connection with a contract to assure payment as
required by statute:of all persbns supplying labor and material in the execution of the work
provided for ifffhe contract:~
8.3.4.Substitution.The bonding~r~uirements in this §8.3 may be waived in lieu of an irrevocable letter
of credit if the~piiee is~less thaiS50;00O.~
9.CONSTRUCTIQN/RENOVA7TION.The following subsections shall apply to construction and/or
renovation réiated~roj~ts/activities:.
9.1.Plans &Specifications;Constructiàn plans and specifications shall be drawn up by a qualified
éfijineer or architect licensed in the State of Colorado,or pre-engineered in accordance with Colorado
la~7~d hired by the Grabtee through a competitive selection process.
9.2.Procurernent.A construCtion contract shall be awarded to a qualified construction firm through a
formal selection process with the Grantee being obligated to award the construction contract to the
lowest resp~~i~’e,responsible bidder meeting the Grantee’s specifications.
9.3.Subcontracts.Copies of any and all contracts entered into by the Grantee in order to accomplish this
Project shall be submitted to DOLA upon request.and any and all contracts entered into by the Grantee
or any of its Subcontractors shall comply with all applicable federal and state laws and shall be
governed by the laws of the State of Colorado.
9.4.Standards.Grantee,Subgrantees and Subcontractors shall comply with all applicable statutory design
and construction standards and procedures that may be required,including the standards required by
Colorado Department of Public Health and Environment,and shall provide the State with
documentation of such compliance.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 5 of 5
CO
P
Y
Page 137
Item 8.
File Attachments for Item:
9. First Reading of Ordinance No. 109, 2024, Making Supplemental Appropriations of New
Revenue in the 2050 Tax Park Rec Transit OCF Fund for Consulting Work Contributing to
the Transfort Optimization Study.
The purpose of this item is to appropriate 2050 Transit Tax Reserves for additional consulting
work for the Transfort Optimization Study.
Page 138
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Annabelle Phillips, Transfort Assistant Director
Monica Martinez, FP&A Manager
SUBJECT
First Reading of Ordinance No. 109, 2024, Making Supplemental Appropriations of New Revenue in
the 2050 Tax Park Rec Transit OCF Fund for Consulting Work Contributing to the Transfort
Optimization Study.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate 2050 Transit Tax Reserves for additional consulting work for the
Transfort Optimization Study.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Transfort is launching an Optimization Study in fall 2024 and is requesting an additional appropriation of
$50,000 to support this work. The planning effort will be two-fold: 1) analyze and propose a new on-demand
micro-transit system for Transfort, and 2) evaluate and acknowledge Transfort’s existing resources and
compare to national best practices to develop a five-to-10-year strategic plan to optimize existing resources
to implement priorities (including micro-transit) outlined in the Transit Master Plan (TMP) and confirmed in
this plan. This study is estimated at $310,000. Currently Transfort and FCMoves have identified
approximately $260,000 in funding and need to appropriate an additional $50,000 to complete the full scope
of work.
CITY FINANCIAL IMPACTS
The additional Optimization Study consultant work will be funded using 2050 Transit Tax Reserves.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration.
Page 139
Item 9.
-1-
ORDINANCE NO. 109, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF NEW
REVENUE IN THE 2050 TAX PARKS REC TRANSIT OCF FUND
FOR CONSULTING WORK CONTRIBUTING TO THE
TRANSFORT OPTIMIZATION STUDY
A. Transfort is launching an Optimization Study in Fall 2024. The Study will in
part be used to develop a five-to-ten-year strategic plan for optimizing Transfort’s existing
resources to implement priorities outlined in the Transit Master Plan by evaluating a nd
comparing Transfort’s existing resources against national best practices.
B. The total cost of the Study is estimated at $310,000. Transfort and
FCMoves have identified $260,000 in existing funding to be applied toward the total cost.
C. This Ordinance appropriates the remaining $50,000 needed to support the
cost of consultant work for the Study, from the 2050 Tax Parks Rec Transit OCF Fund.
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of optimizing the efficient use of
transportation resources for the city.
E. 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.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the 2050 Tax Parks Rec Transit OCF Fund and will not cause the total amount
appropriated in 2050 Tax Parks Rec Transit OCF 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
FORT COLLINS that there is hereby appropriated from new revenue or other funds in the
2050 Tax Parks Rec Transit OCF Fund the sum of FIFTY THOUSAND DOLLARS
($50,000) to be expended in the 2050 Tax Parks Rec Transit OCF Fund for the Transfort
Optimization Study.
Page 140
Item 9.
-2-
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Madelene Shehan
Page 141
Item 9.
File Attachments for Item:
10. First Reading of Ordinance No. 110, 2024, Making Supplemental Appropriations of
Unanticipated Grant Revenue in the Transit Services Fund and New Revenue From the
2050 Tax Parks Rec Transit OCF Fund for Transfort Consulting Work Related to the West
Elizabeth Corridor.
The purpose of this item is to appropriate unanticipated grant funding and 2050 Transit Tax
Reserves for additional consulting work for West Elizabeth design work.
Page 142
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Annabelle Phillips, Transfort Assistant Director
Monica Martinez, FP&A Manager
SUBJECT
First Reading of Ordinance No. 110, 2024, Making Supplemental Appropriations of Unanticipated
Grant Revenue in the Transit Services Fund and New Revenue From the 2050 Tax Parks Rec Transit
OCF Fund for Transfort Consulting Work Related to the West Elizabeth Corridor.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate unanticipated grant funding and 2050 Transit Tax Reserves for
additional consulting work for West Elizabeth design work.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City has been analyzing the West Elizabeth corridor as a future Enhanced Travel Corridor (ETC) for
the past 10 years; the West Elizabeth ETC Plan, adopted by Fort Collins City Council in 2016, established
the vision for Bus Rapid Transit service and other multimodal improvements along the corridor. Transfort
is seeking Federal Transit Administration (FTA) Capital Investment Grant (CIG) Small Starts Program
funding to support the construction of the West Elizabeth Corridor and entered the Project Development
phase of the Program in June 2021. Prior to approval for the larger CIG grant award, FTA awarded
Transfort, as the Project Sponsor, approximately $8,100,000 in fiscal year 2022 CIG funding to be used
toward planning and design work for the project. Additional consulting work is needed to perform public
outreach and to support Transfort’s larger CIG grant application. The cost of this additional work is
estimated at $300,000. To cover this cost, Transfort wishes to appropriate $240,000 of the fiscal yar 2022
CIG planning funds, which requires $60,000 in local match.
The total estimated cost for this project exceeds $250,000 and, as such, is eligible for the Art in Public
Places (“APP”) program. The CIG funds are restricted from use for APP. Eligible funds are the local match.
As such, 1% or $600 will be transferred to APP.
CITY FINANCIAL IMPACTS
The additional consulting work for West Elizabeth will be funded from unanticipated grant funds with local
match requirements that can be met using 2050 Transit Tax Reserves.
Page 143
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CIG Funding New Revenue 2050 Tax
Parks Rec Transit OCF
Total Project Cost
West Elizabeth Project
Support
$240,000 $60,000 $300,000
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 144
Item 10.
-1-
ORDINANCE NO. 110, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF
UNANTICIPATED GRANT REVENUE IN THE TRANSIT
SERVICES FUND AND NEW REVENUE FROM THE 2050 TAX
PARKS REC TRANSIT OCF FUND FOR TRANSFORT
CONSULTING WORK RELATED TO THE WEST ELIZABETH
CORRIDOR
A. On October 18, 2016, the City Council adopted the West Elizabeth
Enhanced Travel Corridor Plan, which established the vision for Bus Rapid Transit service
and other multimodal improvements along the West Elizabeth C orridor.
B. In fiscal year 2022, the Federal Transit Administration (“FTA”) awarded
Transfort, as the Project Sponsor, approximately $8,100,000 in Capital Investment Grant
(“CIG”) funding to be used toward planning and design work for the West Elizabeth
Corridor.
C. Transfort now seeks to obtain funding under the FTA’s CIG Small Starts
Program to support the construction of the West Elizabeth Corridor. Additional consultant
work is needed to provide public outreach and support Transfort’s application for this
funding. The cost of this additional work is estimated at $300,000.
D. This Ordinance appropriates $240,000 of the fiscal year 2022 CIG planning
funds for this additional work.
E. Appropriating these funds requires a local match of $60,000, which this
Ordinance appropriates for that purpose from the 2050 Transit Tax Reserves.
F. This appropriation benefits the public health, safety, and welfare of the
citizens of Fort Collins and serves the public purpose of enhancing the transportation
safety and accessibility of the West Elizabeth Corridor for all residents.
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 previously unappropriated from
the Transit Fund and will not cause the total amount appropriated in the Transit 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.
Page 145
Item 10.
-2-
I. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
J. The City Council wishes to designate the appropriation herein f rom the
Federal Transit Administration Capital Investment Grant as an appropriation that shall not
lapse until the expiration of the grants or the City’s expenditure of all funds received from
such grants.
K. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent 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”).
L. City Code Section 23-304(a) provides, “If any construction project is partially
funded from any other source which precludes a work of a rt as an object of expenditure
of such funds, the appropriation for works of art shall be equal to one (1) percent of the
portion of the estimated project cost that will be funded from the project funding sources
that are not so restricted.”
M. 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 the Federal
Transit Administration, the source of these funds. Therefore, the local match of $60,000
has been used to calculate the contribution to the APP Program.
N. The amount to be contributed in this Ordinance will be $600.
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
Transit Services Fund the sum of TWO HUNDRED FORTY THOUSAND DOLLARS
($240,000) to be expended in the Transit Services Fund for Transfort Consulting Work.
Section 2. There is hereby appropriated from new revenue or other funds in the
2050 Tax Parks Rec Transit OCF Fund the sum of SIXTY THOUSAND DOLLARS
($60,000) to be expended in the 2050 Tax Parks Rec Transit OCF Fund for Transfort
Consulting Work.
Section 3. The appropriation herein for the Federal Transit Administration
Capital Investment Grant Program are hereby designated, as authorized in Article V,
Section 11 of the City Charter, as appropriations that shall not lapse at the end of this
fiscal year but continue until the earlier of the expiration of the grant s or the City’s
expenditure of all funds received from such grants.
Page 146
Item 10.
-3-
Section 4. The unexpended and unencumbered appropriated amount of FO UR
HUNDRED SIXTY-EIGHT DOLLARS ($468) in the 2050 Tax Parks Rec Transit OCF
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein to fund art projects under the APP Program.
Section 5. The unexpended and unencumbered appropriated amount of ONE
HUNDRED TWENTY DOLLARS ($120) in the2050 Tax Parks Rec Transit OCF 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 6. The unexpended and unencumbered appropriated amount of
TWELVE DOLLARS ($12) in the 2050 Tax Parks Rec Transit OCF Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund an d appropriated and
expended therein for the maintenance costs of the APP Program.
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Madelene Shehan
Page 147
Item 10.
File Attachments for Item:
11. First Reading of Ordinance No. 111, 2024, Appropriating Prior Year Reserves in the
Parking Services Fund for Parking Structure Maintenance, Parking Planning, and Safety .
The purpose of this item is to enable the City to appropriate Civic Center Parking Structure
(CCPS) reserve funds and Parking Services reserve funds. The funds will be used for the
completion of maintenance projects and for increased security costs. If approved, this item will:
1) appropriate $1,200,000 in CCPS Reserve funds and 2) appropriate $395,000 from Parking
Services reserves.
Page 148
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Eric Keselburg, Sr Manager, Parking Services
Monica Martinez, FP&A Manager
SUBJECT
First Reading of Ordinance No. 111, 2024, Appropriating Prior Year Reserves in the Parking
Services Fund for Parking Structure Maintenance, Parking Planning, and Safety.
EXECUTIVE SUMMARY
The purpose of this item is to enable the City to appropriate Civic Center Parking Structure (CCPS) reserve
funds and Parking Services reserve funds. The funds will be used for the completion of maintenance
projects and for increased security costs. If approved, this item will: 1) appropriate $1,200,000 in CCPS
Reserve funds and 2) appropriate $395,000 from Parking Services reserves.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
There are a few requests being compiled together to fund City-managed parking structure necessities.
The first maintenance item intended to be completed with this appropriation is the CCPS stairwell, which
following the 2019 condition assessment was found to have repair needs. Due to the pandemic and
associated financial constraints imposed on Parking Services, the maintenance schedule was paused
(approved by the contracted structural engineering firm). Once American Rescue Plan Act (ARPA) funding
was provided (BFO cycle 2022/2023), Parking Services resumed maintenance repairs. However, the
subsequent and necessary condition assessment performed found that the southeast stairwell had further
degraded, requiring it to be closed (June 2022) for public use. Several design options were discussed and
presented, a viable design submitted, and a path forward was determined. To complete this project a
supplemental appropriation of $1,200,000 is being requested. These funds will be appropriated from the
CCPS reserves.
The second request is to use prior funding set-aside in 2023 for necessary parking structure deck sealant
maintenance work in the Firehouse Alley Parking Structure (FAPS). This project was planned to bridge
funding availability from both 2023 and 2024; however, due to timing delays, the available 2023 funding
was not used and subsequently lapsed into the Parking Services reserves. To complete this project a
supplemental appropriation of $110,000 is requested. These funds will be appropriated from Parking
Services reserves.
Page 149
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The third request revolves around performing a parking study and plan, as Parking Services presented to
City Council at the October 24, 2023, work session. Specifically, staff intended efficiency improvements to
the current state of the Parking Services operation and the need to support continuing efforts to develop a
new financial and strategic model and related implementation plan for downtown parking. The identified
problem statement showcased that the current parking system model does not provide the parking choices
needed for those who visit the downtown area. In addition, it is incapable of addressing the demand
distribution challenges, which frustrates users, because of the reliance on an enforcement methodology
and the use of low dollar paid parking in undesirable facilities. Parking Services has determined it is unable
to fulfill its required goals to fund its maintenance needs because it cannot achieve cost neutrality in its
current financial and strategic model. To address these challenges, staff is preparing a Request for
Proposal (RFP) in collaboration with the Downtown Development Authority (DDA), who agreed to
contribute financially to a downtown parking study. To complete this project, a supplemental appropriation
of $185,000 is requested to fund this work. The DDA has agreed to reimburse the City for the cost in th e
amount of $65,000 or up to 50% of total cost.
The final piece of the current funding request is related to the increased cost of third-party security services
provided in the three (3) City-managed parking structures. Parking Services contracts armed security to
ensure the evening and late-night users of the parking facilities have adequate protection, with armed
security at each facility, with added security staffing during the weekend. The cost of the contract for armed
security has increased yearly including an increase of 4.5% in 2024. Parking has managed past yearly
increases within its budget, but cost increases have now accumulated resulting in a need for additional
funding. To complete this project, a supplemental appropriation of $50,000 is requested from Parking
Services reserves.
In addition, since review of this supplemental funding plan by the Council Finance Committee on August
1, 2024, Parking Services has also identified the need for an additional $50,000 in supplemental
appropriation from Parking Services reserves to be used for maintenance work and to correct a cost
calculation error. Maintenance costs are not increasing beyond what is outlined above.
The available Parking Services reserve balance is sufficient to cover the presented requests and will help
to minimize execution, and advance efforts made to date. The requested contract funding increase will
provide uninterrupted security coverage for downtown customers.
CITY FINANCIAL IMPACTS
All funds for these appropriations are requested from CCPS Reserves or from Parking Services reserves.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The requests in this Ordinance were presented at the August 1, 2024, Council Finance Committee and
were recommended for approval.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 150
Item 11.
-1-
ORDINANCE NO. 111, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE PARKING
SERVICES FUND FOR PARKING STRUCTURE MAINTENANCE,
PARKING PLANNING, AND SAFETY
A. The City’s Parking Services is responsible for reviewing and planning for
parking needs within the City and overseeing the three City-managed parking structures:
Civic Center Parking Structure (CCPS), Firehouse Alley Parking Structure (FAPS), and
Old Town Parking Structure (OTPS).
B. This Ordinance appropriates ONE MILLION FIVE HUNDRED AND
NINETY-FIVE DOLLARS ($1,595,000) for the following purposes:
1. Parking Services staff has identified needed maintenance projects at the CCPS
to complete stairwell repairs, and the FAPS to seal the parking deck structure.
This Ordinance appropriates $1,200,000 for the CCPS stairwell and $110,000
for the FAPS deck sealing.
2. To cover the increased cost of providing third -party security services to the
three City-managed parking structures, this Ordinance appropriates $50,000.
3. To conduct a parking study and plan as discussed with Council during the
October 24, 2023, Council work session, this Ordinance appropriates
$185,000, a portion of which will be reimbursed by the Downtown Development
Authority.
4. Finally, for additional maintenance and to correct a cost calculation error, this
Ordinance appropriates an additional $50,000.
C. 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.
D. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Parking Services Fund and will not cause the total amount appropriated in the Parking
Services 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
FORT COLLINS that there is hereby appropriated from Prior Year Reserves in the
Parking Services Fund the sum of ONE MILLION FIVE HUNDRED NINETY-FIVE
Page 151
Item 11.
-2-
THOUSAND DOLLARS ($1,595,000) to be expended in the Parking Services Fund(s) for
the parking structure maintenance, parking planning, and safety.
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Brad Yatabe
Page 152
Item 11.
File Attachments for Item:
12. First Reading of Ordinance No. 112, 2024, Making a Supplemental Appropriation from
the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant in
support of the Edora Pool and Ice Center Lighting System Replacement Project
The City received $206,680 in formula funds under the U.S. Department of Energy’s Energy
Efficiency and Conservation Block Grant (“EECBG”) program. The City was required to apply
under the EECBG’s voucher program, specifically to demonstrate the beneficial use of funds in
replacing the fluorescent lighting system in both ice rinks at Edora Pool and Ice Center (“EPIC”)
with an energy efficient LED lighting system. Based on the City’s successful application, this
item is to support the project by appropriating $206,680 of unanticipated revenue from the DOE.
Page 153
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tracy Ochsner, Director, Operation Services
Dave Wolfe, Senior Financial Analyst, Operation Services
Kerri Ishmael, Senior Analyst, Grants Administration
SUBJECT
First Reading of Ordinance No. 112, 2024, Making a Supplemental Appropriation from the U.S.
Department of Energy’s Energy Efficiency and Conservation Block Grant in support of the Edora
Pool and Ice Center Lighting System Replacement Project
EXECUTIVE SUMMARY
The City received $206,680 in formula funds under the U.S. Department of Energy’s Energy Efficiency and
Conservation Block Grant (“EECBG”) program. The City was required to apply under the EECBG’s voucher
program, specifically to demonstrate the beneficial use of funds in replacing the fluorescent lighting system
in both ice rinks at Edora Pool and Ice Center (“EPIC”) with an energy efficient LED lighting system. Based
on the City’s successful application, this item is to support the project by appropriating $206,680 of
unanticipated revenue from the DOE.
STAFF RECOMMENDATION
Staff recommends adoption of Ordinance on First Reading.
BACKGROUND / DISCUSSION
The replacement of the 20-year-old fluorescent lighting system at EPIC supports optimizing energy
consumption through a LED lighting system designed to current energy efficiency standards and provides
lighting levels that support the multitude of programs and activities for which these heavily scheduled ice
rinks are used. Also, by eliminating the fluorescent technology, the City saves the cost and environmental
impacts of recycling these hazardous waste materials. By reducing energy consumption there will be less
greenhouse gas emissions. This energy efficiency retrofit project aligns with the City’s strategy for
increased energy efficiency and conservation, specifically to have (1) 80% greenhouse gas reduction from
2005 levels by 2030 and (2) Energy Use Intensity of 114.5 by 2029 for alignment with State of Colorado
Building Benchmarking and Building Performance Standards.
The project will include purchase of equipment and installation services from a third-party provider. Initial
estimated costs were proposed to be more than the $206,680 awarded by DOE, with City’s Operation
Services covering the remaining costs. The City will be issuing a formal DOE approved bid process to
request quotes for the installation services. Final estimates for installation services will be obtained by late
fall 2024, with Operation Services covering the additional costs for installation from 2024 funds
appropriated in the General Fund in Operation Services’ operating budget.
Page 154
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This item appropriates $206,680 in the General Fund for project costs for replacement of the outdated
fluorescent lighting system at EPIC with an energy efficient LED system.
Funds awarded through the DOE’s EECBG program work on a reimbursement basis, meaning General
Fund expenses will be reimbursed up to $206,680.
Based on initial estimates for the project, which includes equipment and installation services, Operation
Services will be funding the additional project costs through existing 2024 appropriated funds in the General
Fund from its operating budget. Because there is no match requirement per the DOE award, costs incurred
by Operation Services support completion of replacing the fluorescent lighting system at both ice rinks at
EPIC.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Voucher Program Application
Page 155
Item 12.
-1-
ORDINANCE NO. 112, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE U.S.
DEPARTMENT OF ENERGY’S ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT IN SUPPORT OF THE EDORA
POOL AND ICE CENTER LIGHTING SYSTEM REPLACEMENT
PROJECT
A. The City applied for funds from the U.S. Department of Energy’s (DOE)
Energy Efficiency and Conservation Block Grant and was awarded $206,680 (the “Grant”)
to help cover the cost of replacing fluorescent lighting at the Edora Pool and Ice Center
(EPIC) with energy efficient LED lighting (the “Project”).
B. DOE will pay the Grant funds to the City on a reimbursement basis. On July
12, 2024, the City Manager signed a DOE Special Terms and Conditions form
acknowledging the City’s obligations to DOE for receipt of the Grant funds.
C. Although the Grant does not require the City to provide any matching funds,
the total cost of the Project will likely exceed the amount of the Grant. The City will use
a formal DOE-approved bid process to request quotes for the installation services, and
Operation Services will cover the additional costs for installation from 2024 funds
appropriated in the Operation Services operating budget in the General Fund.
D. This appropriation of the Grant funds for the Project benefits the public
health, safety, and welfare of the residents of Fort Collins and serves the public purpose
of reducing energy consumption and greenhouse gas emissions, as well as the future
costs and environmental impacts of recycling fluorescent lighting.
E. 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.
F. The City Manager has recommended the appro priation 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.
G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such g rant.
Page 156
Item 12.
-2-
H. The City Council wishes to designate the appropriation herein for the U.S.
Department of Energy’s Energy Efficiency and Conservation Block 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 the 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 SIX THOUSAND SIX HUNDRED EIGHTY
DOLLARS ($206,680) to be expended in the General Fund for the Edora Pool and Ice
Center Lighting System Replacement project.
Section 2. The appropriation herein for the U.S. Department of Energy’s Energy
Efficiency and Conservation Block 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.
Introduced, considered favorably on first reading on the August 20, 2024, and
approved on second reading for final passage on the September 3, 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Ingrid Decker
Page 157
Item 12.
Page 158
Item 12.
Page 159
Item 12.
Page 160
Item 12.
Page 161
Item 12.
Page 1 | 7
Equipment Rebate Voucher Applicants
2-Statement of Work for Non-tribal Energy Efficiency and Conservation Block Grant
(EECBG) Equipment Rebate Voucher Applicants with a Historic Preservation
Programmatic Agreement 1 (PA) Requesting Expedited Reviews for Projects with No
Ground Disturbing Activities
Check applicable boxes. Note-All boxes must be checked to use this statement of work.
տտ I represent a non-tribal organization.
տտ If my organization funds any activities on tribal lands or tribal properties, I understand
those activities would be restricted to homes/buildings less than forty-five (45) years old
and without ground disturbance. My organization would contact the DOE Project Officer
for a Historic Preservation Worksheet to request a review of activities that are listed below
on tribal homes/buildings forty-five (45) years and older and/or ground disturbing
activities. I understand the DOE NEPA team must review the Historic Preservation
Worksheet and notify my DOE Project Officer before I may begin initiating activities
reviewed on the Historic Preservation Worksheet.
տտ My organization is proposing no ground disturbing activities.
տտ My organization and proposed activities are located in AL, AK, AS, AZ, AR, CA, CO, CT,
DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MP, MS, MO,
MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX,
UT, VT, VA, WA, WV, WI, WY, or VI.
տտ I understand I am required to review the NEPA and Historic Preservation training website:
www.energy.gov/node/4816816 and contact my DOE Project Officer with any questions
before initiating project activities.
տտ I understand I am required to review my NEPA determination (the DOE form that
documents DOE’s environmental review of project activities) once I have an approved
award from the DOE Contracting Officer. I will contact my DOE Project Officer with
questions on my award documents.
տտ I understand I am required to review and comply with the requirements and restrictions of
my Historic Preservation Programmatic Agreement found at:
https://www.energy.gov/node/812599 once I have an approved award from the DOE
Contracting Officer. I will contact my DOE Project Officer with questions on my award
documents.
տտ I understand I am required to submit an annual Historic Preservation Report at
https://forms.office.com/g/kAFs0N7CZH.
տտ I understand if I propose activities not listed below, I must contact my DOE Project Officer
who will review the proposal for program eligibility. Additional NEPA review will be
required including the possible submission of an Environmental Questionnaire 1 form
(EQ1). I will not initiate any activities without approval from the DOE Contracting
Officer.
1 Determine if your project is located in a jurisdiction with a Historic Preservation Programmatic Agreement by checking this
website: https://www.energy.gov/node/812599 .
X
X
X
X
X
X
X
Page 162
Item 12.
Page 2 | 7
By signing below, ______________________________________ (enter Applicant organization)
provides assurance that it shall only fund projects (including subgrants) that fall within the Blueprints and
Additional Activities listed below and will follow all restrictions defined below.
Blueprints and Additional Activities:
All proposed project activities and equipment funded from Administrative and Legal Requirements
Documents (ALRD), and all proposed project activities and equipment funded under Financial Incentive
Programs, must be listed below. Activities and equipment not listed below would require submission of
an Environmental Questionnaire 1 form (EQ1).
This Statement of Work is organized around EECBG Program Blueprints. Applicants that plan to use a
Blueprint should identify their selected Blueprint number and ensure that their proposed activities align
with this Statement of Work. Applicants that do not plan to use a Blueprint may find that their proposed
activities are covered under of one of the Blueprint headers or the “Additional Activities” section. Please
review each item carefully to determine if proposed activities are included in this Statement of Work.
Blueprints:
1.Blueprint #2A: Funding commercially available, energy efficient, grid-interactivity,
electrification and renewable energy upgrades; provided that projects adhere to the
requirements of the respective applicant’s DOE executed Historic Preservation
Programmatic Agreement (PA), are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural reinforcement,
and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances
and equipment (including, but not limited to, grid-interactive building technologies,
energy or water monitoring and control systems, thermostats, heat pumps, air
conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to,
wastewater treatment plants) where it would not alter the capacity, use, mission, or
operation of an existing facility.
g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil
fuels with electric appliances) such as heat pumps for water heating, air heating/cooling,
electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as
efficient refrigerators, freezers, dishwashers.
j. Electrical system upgrades limited to electric panel upgrades, updated wiring and
conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit
interrupter (GFCI) breakers.
2.Blueprint #2B: Energy Savings Performance Contracts for Efficiency and Electrification in
Buildings, activities limited to:
&LW\RI)RUW&ROOLQV
Page 163
Item 12.
Page 3 | 7
a. Funding commercially available energy efficiency or renewable energy upgrades;
provided that projects adhere to the requirements of the respective applicant’s DOE
executed Historic Preservation Programmatic Agreement (PA), are installed in or on
existing buildings, do not require ground disturbance, tree removal or tree trimming, do
not require structural reinforcement, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades (to existing systems).
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial
appliances and equipment (including, but not limited to, grid-interactive building
technologies, energy or water monitoring and control systems, thermostats, heat
pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited
to, wastewater treatment plants) where it would not alter the capacity, use,
mission, or operation of an existing facility.
vii. Retrofit and replacement of windows and doors.
viii. Installation of electric appliances (including replacement of appliances that
utilize fossil fuels with electric appliances) such as heat pumps for water heating,
air heating/cooling, electric dryers, and stoves.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such
as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and
conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault
circuit interrupter (GFCI) breakers.
b. Post-implementation measurement & verification limited to data analysis (e.g.:
metering/usage/temperature), which may include monitoring devices installed on
equipment, but not on buildings.
3.Blueprint #2C: Building Efficiency & Electrification Campaign, activities limited to:
a. Building Energy Efficiency: Funding commercially available energy efficiency or
renewable energy upgrades; provided that projects adhere to the requirements of the
respective applicant’s DOE executed Historic Preservation Programmatic Agreement
(PA), are installed in or on existing buildings, do not require ground disturbance, tree
removal or tree trimming, do not require structural reinforcement, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades to existing systems.
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial
appliances and equipment (including, but not limited to, grid-interactive building
technologies, energy or water monitoring and control systems, thermostats, heat
pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited
to, wastewater treatment plants) where it would not alter the capacity, use,
mission, or operation of an existing facility.
vii. Retrofit and replacement of windows and doors.
Page 164
Item 12.
Page 4 | 7
viii. Installation of electric appliances (including replacement of appliances that
utilize fossil fuels with electric appliances) such as heat pumps for water heating,
air heating/cooling, electric dryers, and stoves.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such
as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and
conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault
circuit interrupter (GFCI) breakers.
4.Blueprint #3A: Solar and Battery Storage - Power Purchase Agreements and Direct
Ownership, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere
to the requirements of the respective applicant’s DOE executed Historic Preservation
Programmatic Agreement (PA), are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage
systems, provided that projects adhere to the requirements of the respective applicant’s
DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or
on existing buildings, do not require ground disturbance, tree removal or tree trimming,
do not require structural reinforcement, and are appropriately sized not to exceed 1,000
kWh.
5.Blueprint #3B: Community Solar, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere
to the requirements of the respective applicant’s DOE executed Historic Preservation
Programmatic Agreement (PA), are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage
systems, provided that projects adhere to the requirements of the respective applicant’s
DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or
on existing buildings, do not require ground disturbance, tree removal or tree trimming,
do not require structural reinforcement, and are appropriately sized not to exceed 1,000
kWh.
6.Blueprint #3C: Solarize Campaign, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere
to the requirements of the respective applicant’s DOE executed Historic Preservation
Programmatic Agreement (PA), are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage
systems, provided that projects adhere to the requirements of the respective applicant’s
DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or
on existing buildings, do not require ground disturbance, tree removal or tree trimming,
Page 165
Item 12.
Page 5 | 7
do not require structural reinforcement, and are appropriately sized not to exceed 1,000
kWh.
7.Blueprint #3D: Renewable Resource Planning, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere
to the requirements of the respective applicant’s DOE executed Historic Preservation
Programmatic Agreement (PA), are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage
systems, provided that projects adhere to the requirements of the respective applicant’s
DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or
on existing buildings, do not require ground disturbance, tree removal or tree trimming,
do not require structural reinforcement, and are appropriately sized not to exceed 1,000
kWh.
8.Blueprint #4A: Electric Vehicles for Fleets and Fleet Electrification, activities limited to:
a. Purchase of alternative fuel vehicles, including electric vehicles and plug-in hybrid
vehicles.
b. Installation of electric vehicle supply equipment (EVSE), including testing measurements
to assess the safety and functionality of the EVSE (restricted to existing footprints within
an existing parking facility, defined as any building, structure, land, right-of-way, facility,
or area used for parking of motor vehicles which would not require any ground
disturbance). All activities must use reversible, non-permanent techniques for
installation, and where appropriate, use the lowest profile EVSE reasonably available that
provides the necessary charging capacity. EVSE shall be placed in minimally visibly
intrusive area; use colors complementary to surrounding environment, where possible,
and be limited to the current electrical capacity. This applies to Level 1, Level 2, and
Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and
municipal fleets.
9.Blueprint #4B: Electric Vehicle Charging Infrastructure, activities limited to:
a. Installation of electric vehicle supply equipment (EVSE), including testing measurements
to assess the safety and functionality of the EVSE (restricted to existing footprints within
an existing parking facility, defined as any building, structure, land, right-of-way, facility,
or area used for parking of motor vehicles which would not require any ground
disturbance). All activities must use reversible, non-permanent techniques for
installation, and where appropriate, use the lowest profile EVSE reasonably available that
provides the necessary charging capacity. EVSE shall be placed in minimally visibly
intrusive area; use colors complementary to surrounding environment, where possible,
and be limited to the current electrical capacity. This applies to Level 1, Level 2, and
Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and
municipal fleets.
Additional Activities:
10. Building Energy Efficiency: Funding commercially available energy efficiency or renewable
energy upgrades, provided that projects adhere to the requirements of the respective
Page 166
Item 12.
Page 6 | 7
applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are
installed in or on existing buildings, do not require ground disturbance, tree removal or tree
trimming, do not require structural reinforcement, are appropriately sized, and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances
and equipment (including, but not limited to, grid-interactive building technologies,
energy or water monitoring and control systems, thermostats, heat pumps, air
conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to,
wastewater treatment plants) where it would not alter the capacity, use, mission, or
operation of an existing facility.
g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil
fuels with electric appliances) such as heat pumps for water heating, air heating/cooling,
electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as
efficient refrigerators, freezers, dishwashers.
j. Electrical system upgrades required to enable energy efficient/clean energy. Measures
limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault
circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
11. Installation of renewable energy technology, provided that projects adhere to the
requirements of the respective applicant’s DOE executed Historic Preservation
Programmatic Agreement (PA), are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural reinforcement,
are appropriately sized, and are limited to:
a. Solar Electricity/Photovoltaic—appropriately sized systems not to exceed
60kW (including community solar projects)
b. Wind Turbines 20 kW or smaller
c. Solar thermal systems (including solar thermal hot water) limited to 200,000 BTU
per hour or smaller.
12. Biomass thermal systems, provided that projects adhere to the requirements of the respective
applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are
installed in existing buildings, do not require structural reinforcement, do not require ground
disturbance, are appropriately sized, and limited to 3 MMBTUs per hour or smaller, with
appropriate regulatory permits obtained and Best Available Control Technologies (BACT)
installed and operated.
13. Purchase of alternative fuel vehicles, hybrids, and electric vehicles.
14. Installation of fueling pumps and systems for fuels such as compressed natural gas, hydrogen,
ethanol, and other commercially available biofuels, (but not storage tanks) provided that
projects adhere to the requirements of the respective applicant’s DOE executed Historic
Page 167
Item 12.
Page 7 | 7
Preservation Programmatic Agreement (PA), are installed on a current fueling station site, do
not require ground disturbance, tree removal or tree trimming, are appropriately sized, and
obtain the appropriate permits, and comply with regulatory requirements.
15. Installation of energy storage systems, including electrochemical and thermal storage
systems, provided that projects adhere to the requirements of the respective applicant’s DOE
executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing
buildings, do not require ground disturbance, tree removal or tree trimming, do not require
structural reinforcement, are appropriately sized not to exceed 1,000 kWh, obtain the
appropriate permits, and comply with regulatory requirements.
The Applicant is responsible for informing DOE of any extraordinary circumstances, cumulative impacts,
or connected actions that may lead to significant impacts on the environment or any inconsistency with
the “integral elements” from a particular project. See 10 C.F.R. Part 1021 Appendix B, and the DOE’s
online NEPA and historic preservation training at www.energy.gov/node/4816816 to reviews these
concepts.
Expedited NEPA review based on this NEPA Statement of Work and supporting documents does not
preclude DOE from conducting stewardship activities, including audits, and site visits, or from exercising
any other rights under the EECBG program.
By signing below, the Applicant, agrees to follow all the statements and restrictions in this document;
review and comply with the NEPA Determination (included in their Applicant award documents); review
the DOE’s NEPA and Historic Preservation training website. DOE has developed a NEPA and Historic
Preservation training website which contains PowerPoint presentations, sample template documents
(including a project scope of work and a project layout), a Word template of the Environmental
Questionnaire1 (EQ1), and an EQ1 Submission Guide at www.energy.gov/node/4816816. Applicants are
responsible for reviewing these trainings and reviewing the sample documents prior to initiating projects.
Recipients must contact their DOE Project Officer with any questions. Subgrantees should also review the
NEPA and Historic Preservation training website prior to initiating projects.
________________________________________________________________
Authorized Signature Date
Name (Printed or typed):___________________________________________
Title (Printed or typed):_____________________________________________
Organization (Printed or typed):______________________________________
7UDF\2FKVQHU
'LUHFWRU2SHUDWLRQ6HUYLFHV
&LW\RI)RUW&ROOLQV
Page 168
Item 12.
Page 169
Item 12.
Page 170
Item 12.
Quotation
QuantityType Description Unit or Lot# Unit Price Ext Price
TO:
Expiration Date: 10/14/22
CITYOF-FOR CITY OF FORT COLLINS
ACCOUNTS PAYABLE
PO BOX 580
FORT COLLINS, CO 80522-0580
Page : 1 of 4
Vendor
Project Info:
Project: EDORA POOL & ICE CENTER -LI
Job #:255286
Bid Date:09/14/22
Bid Time:02:00 PM CDT
Quoter: SHELLY MCGILL
Crescent Electric and its Subsidiaries are not liable for failure to perform, or for delay in performance, resulting
from fire or other casualty loss, war, riot, act of terrorism or revolutions, pandemic, labor difficulties, embargo,
transportation problems, accidents, breakdown of machinery, interruptions or delays in the usual source of
supply, governmental action or regulation, or any other cause, contingency or circumstance, within or without the
United States, not subject to Crescent’s control which shall make the fulfillment of the agreement impracticable;
any of which shall, without liability, excuse Crescent from the performance of the agreement under Force
Majeure. Prices are subject to change. Crescent does not guarantee the length of term that a manufacturer will
hold pricing. All shipments are FOB shipping point, with a full reservation of all bond and lien rights. Buyer has
sole responsibility for filing claims with the manufacturer or carrier.
0 EPIC 1987 Unit 0.000/EA 0.00
50A ABV4 0 90 49 N1 NA 41 A Q WHTE Unit 862.906/EA 43,145.30
CONTROLS OPTION
50A ABV4 0 90 49 N1 QV 41 A Q WHTE Unit 845.882/EA 42,294.10
1A E20 EM ADDER UNIT PRICED Unit 188.235/EA 188.24
1 DCS-NEW CUSTOMER ACTIVATION DAI 6,636.471 6,636.47
Notes
From:
CRESCENT FORT COLLINS, CO
MAIN 970-484-4333
1404 E MAGNOLIA ST
FORT COLLINS, CO 80524-4717
Printed By: SHELLY MCGILL
9/14/2022 10:01:20 AM
Page 171
Item 12.
Quotation
QuantityType Description LOT # Unit Price Ext Price
Expiration 10/14/22
Page : 2 of 4
Vendor
EDORA POOL & ICE CENTER -LIProject:
52 SOFTHOSTSUP - 2 YEAR DAI
1 WAC60-DCS-SMALL DAI
1 WWD2-2 BUTTON SWITCH DAI
1 WWD2-4 BUTTON SCENE CONTROLLER DAI
1 CONTROL DRAWINGS DAI
53 REMOTE DAI
COMMISSIONING-TRAINING-SUPPORT
1 FREIGHT WILL BE ADDED TO THE INVOICE DAI
92,264.11Base Bid Total
EPIC 2007
44G8 ABV4 0 30 49 N1 NA 41 A Q WHTE Unit 422.647/EA 18,596.47
CONTROLS OPTION
44G8 ABV4 0 30 49 N1 QV 41 A Q WHTE Unit 394.118/EA 17,341.19
1G8 E20 EM ADDER UNIT PRICED Unit 188.235/EA 188.24
1 DCS-NEW CUSTOMER ACTIVATION FLC 6,429.412 6,429.41
46 SOFTHOSTSUP - 2 YEAR FLC
1 WAC60-DCS-SMALL FLC
1 WWD2-2 BUTTON SWITCH FLC
1 WWD2-4 BUTTON SCENE CONTROLLER FLC
1 CONTROL DRAWINGS FLC
47 REMOTE FLC
COMMISSIONING-TRAINING-SUPPORT
1 FREIGHT WILL BE ADDED TO THE INVOICE FLC
TOTAL
42,555.31Subtotal of EPIC 2007
Page 172
Item 12.
Quotation
QuantityType Description LOT # Unit Price Ext Price
Expiration 10/14/22
Page : 3 of 4
Vendor
EDORA POOL & ICE CENTER -LIProject:
CRESCENT ELECTRIC SUPPLY COMPANY AND SUBSIDIARIES TERMS AND CONDITIONS OF
QUOTATION
1) Buyer understands and agrees that all quotations and accepted orders by Crescent Electric Supply Company
and Subsidiaries (Seller) are expressly conditioned upon these terms and conditions (Terms and Conditions of
Quotation). Furthermore, your acceptance of this quotation indicates that you have also read, and agree, to the
Crescent Electric Supply Company and Subsidiaries Terms and Conditions of Sale (Terms and Conditions of
Sale) which are deemed automatically incorporated into any and all purchase orders.
2) Prices are firm for 10 days unless otherwise noted. As to all other terms, until signed and returned, the
quotation is merely a quotation of sales prices. The quotation and tender will be deemed accepted only if signed
and returned within ten days after receipt; otherwise, it shall have no effect.
3) Seller is not required to accept Buyer's orders. Any purchase order pursuant to Seller's quotation shall not
result in a contract until it is accepted by Seller and acknowledged by it or its authorized representative.
4) This quotation is contingent upon Buyer meeting the financial qualifications established by Seller. Buyer shall
supply Seller with such credit information as Seller may reasonably request in order to qualify Buyer for the
rights under any Purchase Order Agreement.
5) If the manufacturer requires a deposit or full payment to be made to them at the time of order placement or
release, those same requirements will be passed on to the Buyer, which Buyer accepts.
6) The quotation does not include accessory equipment, stems, mounting bars, mounting hardware, spares or
plaster frames or any fitting-up charges which cover the manufacture or operating cost of the necessary tools
and fixtures required to fill the order unless such items are listed or published as standard components in the
manufacturer's specifications.
7) The quotation is made for the listed types and quantities only and all descriptions, items, totals and quantities
are listed for your convenience only. Seller is not bound by any specifications, drawings, notes, instructions,
engineering notices, technical data or any other document referred to in a Purchase Order by Buyer, and shall
not be deemed to be incorporated by reference in any document or order by Buyer, unless a full copy is
provided to Seller and such terms are approved and accepted in writing by Seller. Take-offs are not guaranteed.
All items, including equals, are subject to approval by the Specifier.
8) Special orders may not be subject to return for credit. Return privileges, if available, on special order material
will involve restocking charges.
9) Prices do not include taxes for sales, use, property, excise, freight or other tax charges, which are Buyer's
responsibility.
10) If the quotation is accepted and Buyer's order form is used for the purpose, it is expressly understood and
agreed that these terms and conditions, including the Terms and Conditions of Sale, shall prevail if they conflict
in any way with the terms and conditions set forth in such order form, and the issuance of such order by Buyer
shall be deemed to note Buyer's assent to this condition.
11) BUYER AGREES TO AND ACKNOWLEDGES RECEIPT OF THESE TERMS CONDITIONS WHETHER IN Page 173
Item 12.
Quotation
QuantityType Description LOT # Unit Price Ext Price
Expiration 10/14/22
Page : 4 of 4
Vendor
EDORA POOL & ICE CENTER -LIProject:
HAND DELIVERED OR THROUGH VIEWING ONLINE AT www.cesco.com, where copies of the Terms and
Conditions of Quotation, Terms and Conditions of Sale and Application for Open Account Privilege are available.
Buyer may also request additional copies by contacting the Corporate Finance Manager of Seller directly at
(815) 747-3145.
Revision: Approved February 7, 2014
Notes
From:
CRESCENT FORT COLLINS, CO
MAIN 970-484-4333
1404 E MAGNOLIA ST
FORT COLLINS, CO 80524-4717
Printed By: SHELLY MCGILL
9/14/2022 10:01:20 AM
Page 174
Item 12.
File Attachments for Item:
13. First Reading of Ordinance No. 113, 2024, Making Supplemental Appropriations from
Prior Year Reserves and Developer Contributions and Authorizing Transfers of
Appropriations for the College Avenue-Trilby Road Intersection Improvements Project
and Related Art in Public Places.
The purpose of this item is to provide supplemental appropriations for the College Avenue-Trilby
Road Intersection Improvements Project (Project). The funds will be used for construction of
improvements at the intersection of South College Avenue and Trilby Road. If approved this
item will appropriate the following ultimate amounts as designated: 1) $11,781 from a payment-
in-lieu (PIL) to the City from a development contribution to construction; 2) $900,000 from
Transportation Capital Expansion Fee (TCEF) reserves; 3) $600,000 from Community Capital
Improvement Program (CCIP) Arterial Intersection Improvements reserves; 4) $119 (1% of PIL)
from a PIL to the City from a development contribution to construction to the Art in Public Places
(APP) program; 5) $8,820 (0.8% of TCEF Project contribution) from TCEF reserves to the APP
program; and 6) $180 (0.2% of TCEF Project contribution) for maintenance of art from the
Transportation Services fund reserves to the APP program.
Page 175
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tracy Dyer, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
First Reading of Ordinance No. 113, 2024, Making Supplemental Appropriations from Prior Year
Reserves and Developer Contributions and Authorizing Transfers of Appropriations for the College
Avenue-Trilby Road Intersection Improvements Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to provide supplemental appropriations for the College Avenue-Trilby Road
Intersection Improvements Project (Project). The funds will be used for construction of improvements at
the intersection of South College Avenue and Trilby Road. If approved this item will appropriate the
following ultimate amounts as designated: 1) $11,781 from a payment-in-lieu (PIL) to the City from a
development contribution to construction; 2) $900,000 from Transportation Capital Expansion Fee (TCEF)
reserves; 3) $600,000 from Community Capital Improvement Program (CCIP) Arterial Intersection
Improvements reserves; 4) $119 (1% of PIL) from a PIL to the City from a development contribution to
construction to the Art in Public Places (APP) program; 5) $8,820 (0.8% of TCEF Project contribution) from
TCEF reserves to the APP program; and 6) $180 (0.2% of TCEF Project contribution) for maintenance of
art from the Transportation Services fund reserves to the APP program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2020, the City’s Arterial Intersection Prioritization Study identified the intersection of Trilby Road and
South College Avenue (also known as State Highway 287) as a high priority due to traffic safety and
congestion issues, as well as a lack of active modes infrastructure. The Colorado Department of
Transportation (CDOT) has also identified this intersection as a high priority to address serious injury
crashes.
Engineering, Traffic Operations and FC Moves staff identified the following safety and operational concerns
with the current intersection: 1) high frequencies of approach turn crashes and rear-end crashes; 2) a lack
of bicycle and pedestrian accessibility and infrastructure; 3) high volumes of motorists on the north-south
legs of South College Avenue; and 4) increasing volumes on the east-west approach legs of Trilby Road.
The Project design effort began in 2020.
Page 176
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
The reconstructed intersection will improve safety for current and future traffic levels as growth continues
in the region and will create a safer intersection for all users. The new intersection will feature dual left turn
lanes from South College Avenue to Trilby Road, right turn lanes for each direction of travel, and a widened
Trilby Road approach to South College Avenue. Pedestrians and bicycles will benefit from shared use
paths on South College Avenue (10-foot wide detached) and Trilby Road (8-foot wide attached). Transit
users will benefit from new bus stops on the south side of the intersection on South College Avenue.
The real property acquisition phase (right-of-way, permanent utility easements, and temporary construction
easements) began in 2022 after CDOT approval and has involved over 24 different land parcels. The
Project has included more real property acquisition than the City has seen in recent intersection projects
like the College/Prospect and College/Horsetooth intersections. The amount of redevelopment around
those intersections meant that a large amount of the right -of-way had been dedicated prior to those
projects. The College/Trilby area has not experienced as much redevelopment in advance of this Project
and as a result, there is significantly more acquisition needed to complete the Project. Local funding is used
for acquisition costs directly related to real property, relocation costs, and property transfer fees. Acquisition
costs to develop right-of-way plans, real estate consulting services, and outside legal representation are
eligible grant expenses. This is standard practice on CDOT local agency projects.
Acquisition has taken longer than anticipated and has been significantly more expensive (~$4.5M) than
originally estimated (~$3.0M). The additional cost of this phase has been attributed to 1) significant
escalation in property values during the process, 2) increased use of settlements to minimize delays in
some acquisitions, 3) increased consulting needs (land appraisal and real estate services) resulting from
updated CDOT right-of-way processes, and 4) the need to use eminent domain proceedings to acquire
needed right-of-way.
The City engaged a regional Construction Manager/General Contractor (CM/GC), with CDOT approval, in
early 2023 to assist in the final design to improve efficiency in constructability and identify potential
construction cost savings. Due to the lengthy acquisition phase, the construction phase was divided into
packages to commence early work in areas where right-of-way had been secured while remaining right-of-
way was secured. Construction package one (earthwork and walls) is currently underway and nearing
completion. The City is currently negotiating construction packages two and three with the CM/GC. Staff
anticipates starting package two later this month. The overall Project is anticipated to be completed in 2025.
Funds that were appropriated to the Project before this action were used primarily for design, acquisition,
and construction package one. Additional appropriations totaling $1,520,900 are sought to cover the
unanticipated additional cost of real property acquisition. A PIL to the City ($11,900) from a development
contribution to construction is included in this appropriation. The PIL was required by redevelopment
occurring on a small parcel with frontage included in the Project area limits. The other amounts included in
this appropriation are identified under ”Funds to be Appropriated per this Action” section of the table below.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the College Avenue-Trilby Road Intersection Improvements Project.
Page 177
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
The total fund amount projected for this Project is $18,035,405 composed of funds appropriated with prior
actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project has received full environmental and historical clearances through CDOT during the design,
acquisition, and construction phases. The proposed appropriation was brought before the Council Finance
Committee at their August 1, 2024, meeting. The committee supported an off -cycle supplemental
appropriation and was in favor of forwarding the appropriation request to City Council. At the time this
Agenda Item Summary was prepared, meeting minutes had not been drafted or approved.
Surface Transportation Block Grant (STBG) Program Funds 5,272,260$
Highway Safety Improvement Program (HSIP) Grant Funds 2,250,000$
Funding Advancements for Surface Transportation and
Economic Recovery (FASTER) Act Grant Funds 2,000,000$
Highway Improvement Program (HIP) Grant Funds 1,870,000$
Congestion Mitigation and Air Quality (CMAQ) Improvement
Program Grant Funds 748,732$
Funding Advancements for Surface Transportation and
Economic Recovery (FASTER) Act Grant Funds 1,500,000$
Transportation Capital Expansion Fee (TCEF) Funds 599,980$
Transportation Services Fund Reserves 20,570$
Development Contributions to Construction
Contribution in Aid of Construction 38,163$
Community Capital Improvement Program (CCIP) Arterial
Intersection Improvements (2021 BFO Offer)400,000$
Community Capital Improvement Program (CCIP) Arterial
Intersection Improvements (2023-2024 BFO Offer)1,800,000$
Development Contributions to Construction
Payment in Lieu 14,800$
Total Prior Appropriation 16,514,505$
Prior Appropriated Funds
Development Contributions to Construction
Payment in Lieu 11,900$
Transportation Capital Expansion Fee (TCEF) Funds 908,820$
Transportation Services Fund Reserves 180$
Community Capital Improvement Program (CCIP) Arterial
Intersection Improvements (2023-2024 BFO Offer)600,000$
Total Funds to be Appropriated per this Action 1,520,900$
Transfer to Art in Public Places 9,119$
Total Project Funds 18,035,405$
Funds to be Appropriated per this Action
Page 178
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
PUBLIC OUTREACH
Staff has developed and continues to implement a comprehensive Public Engagement Plan for the Project.
As part of the design and acquisition process, staff has discussed the Project with the adjacent property
owners, current business owners, and prospective developers immediately abutting the Project
improvements. In addition, staff and an outside acquisition consultant have met or conversed individually
with property owners on multiple occasions regarding design and construction details.
Staff has discussed and presented conceptual level drawings at several public outreach events including
a virtual neighborhood public meeting on March 3, 2022, and an open house held on November 13, 2023.
Project information was shown at the Transportation Projects Fairs in February 2023 and February 2024.
A Project website is regularly updated with Project information and upcoming milestones.
City staff continues to engage with local businesses and property owners impacted by ongoing work and
traffic patterns that are affected by construction traffic control needs and requirements.
ATTACHMENTS
1. Ordinance for Consideration
2. College Trilby Vicinity Map
3. College Trilby Design Exhibit
Page 179
Item 13.
-1-
ORDINANCE NO. 113, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM PRIOR
YEAR RESERVES AND DEVELOPER CONTRIBUTIONS AND
AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
COLLEGE AVENUE-TRILBY ROAD INTERSECTION
IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC
PLACES
A. This Ordinance appropriates supplemental funding for the College Avenue -
Trilby Road Intersection Improvements Project (the “Project”).
B. In 2020, the City’s Arterial Intersection Prioritization Study identified
improvement of the intersection of Trilby Road and South College Avenue (also known
as State Highway 287) as a high priority due to traffic safety and congestion issues, and
due to a lack of active modes infrastructure. The Colorado Department of Transportation
(CDOT) has also identified improvement of this intersection as a high priority to address
serious injury crashes.
C. Engineering, Traffic Operations and FC Moves staff further identified safety
and operational concerns with the current intersection, including high frequencies of
approach turn crashes and rear-end crashes; a lack of bicycle and pedestrian
accessibility and infrastructure; high volumes of motorists on the north-south legs of South
College Avenue; and increasing volumes of traffic on the east-west approach legs of
Trilby Road.
D. In 2020, design of the Project began, aimed at addressing the issues
identified, reconstructing the intersection, improving safety for current and future traffic
levels as growth continues in the region, and creating a safer intersection for all users.
The new intersection will feature dual left turn lanes from South College Avenue to Trilby
Road, right turn lanes for each direction of travel, and a widened Trilby Road approach to
South College Avenue. Pedestrians and bicycles will benefit from shared use paths on
South College Avenue (ten-foot wide detached) and Trilby Road (eight-foot wide
attached). Transit users will benefit from new bus stops on the south side of the
intersection on South College Avenue.
E. In 2022 after CDOT approval, the real property acquisition phase began
(right-of-way, permanent utility easements, and temporary construction easements) and
has involved over twenty-four different land parcels. Local funding is used for acquisition
costs directly related to real property, relocation costs, and property transfer fees.
Acquisition costs to develop right-of-way plans, real estate consulting services, and
outside legal representation are eligible grant expenses. This is standard pra ctice on
CDOT local agency projects.
F. Acquisition has taken longer than anticipated and has been significantly
more expensive (approximately $4.5M) than originally estimated (approximately $3.0M),
Page 180
Item 13.
-2-
because of significant escalation in property values during the process, increased use of
settlements to minimize delays in some acquisitions, increased consulting needs (land
appraisal and real estate services) resulting from updated CDOT right-of-way processes,
and increased costs due to the need for eminent domain proceedings.
G. In early 2023, the City engaged a regional Construction Manager/General
Contractor (CM/GC) to assist in the final design to improve efficiency in constructability
and identify potential construction cost savings. Due to the lengthy acquisition phase, the
construction phase was divided into packages to commence early work in areas where
right-of-way had been secured while remaining right-of-way was obtained.
H. Construction package one (earthwork and walls) is currently underway and
nearing completion. The City is currently negotiating construction packages two and three
with the CM/GC. Staff anticipates starting package two later in August 2024. The overall
Project is anticipated to be completed in 2025.
I. Funds that were appropriated to the Project before this action were used
primarily for design, acquisition, and construction package one. Additional appropriations
totaling $1,520,900 are sought to cover the unanticipated additional cost of real property
acquisition. A development payment-in-lieu (PIL) contribution toward constructing the
local street portion to the City ($11,900) is included in this appropriation. The PIL was
required by redevelopment occurring on a small parcel with frontage included in t he
Project area limits. The other appropriation amounts included in this Ordinance include
Transportation Capital Expansion Fee funds, Transportation Services fund reserves, and
Community Capital Improvement Program Arterial Intersection Improvements funds .
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 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.
K. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previous ly unappropriated
from the Transportation Improvement fund, Transportation Capital Expansion Fee fund,
the Transportation Services fund, as applicable, and will not cause the total amount
appropriated in the Transportation Improvement fund, Transportation Capital Expansion
Fee fund, the Transportation Services 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.
L. 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
Page 181
Item 13.
-3-
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.
M. The City Manager has recommended the transfer of $600,000 from the
Community Capital Improvement Project fund to the College Avenue-Trilby Road
Intersection Improvements Project in the Capital Projects fund and determined that the
purpose for which the transferred funds are to be expended remains unchanged.
N. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant or contribution, 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
capital project or until the earlier of the expiration of the federal, state or private grant or
contribution or the City’s expenditure of all funds received from such contribution.
O. The City Council wishes to designate the appropriation herein for the
College Avenue-Trilby Road Intersection Improvements Project as an appropriation that
shall not lapse until the completion of the project.
P. This Project involves construction estimated to cost more than $250,000
and, under City Code Section 23-304 is required to transfer one percent of these
appropriations to the Cultural Services and Facilities fund for a contribution to the Art in
Public Places (“APP”) program.
Q. A portion of the funds appropriated in this Ordinance for the Project are
ineligible for use in the APP program due to being applied to the Community Capital
Improvement Program Arterial Intersections Improvements Budget in 2023 -2024
Budgeting for Outcomes as previously appropriated with APP the source of these funds.
R. The project cost of $911,900 has been used to calculate the contribution to
the APP program.
S. The amount to be contributed in this Ordinance will be $9,119.
T. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure within 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. There is hereby appropriated from prior year reserves in the
Transportation Improvement fund the sum of ELEVEN THOUSAND NINE HUNDRED
DOLLARS ($11,900) to be expended in the Transportation Improvement fund for transfer
Page 182
Item 13.
-4-
to the Capital Projects fund and appropriated therein for the College Avenue-Trilby Road
Intersection Improvements Project.
Section 2. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee fund the sum of NINE HUNDRED EIGHT
THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($908,820) to be expended in the
Transportation Capital Expansion Fee fund for transfer to the Capital Projects fund and
appropriated therein for the College Avenue-Trilby Road Intersection Improvements
Project.
Section 3. There is hereby appropriated from prior year reserves in the
Transportation Services fund the sum of ONE HUNDRED EIGHTY DOLLARS ($180) to
be expended in the Transportation Services fund for transfer to the Capital Projects fund
and appropriated therein for the College Avenue-Trilby Road Intersection Improvements
Project.
Section 4. The unexpended and unencumbered appropriated amount of SIX
HUNDRED THOUSAND DOLLARS ($600,000) in Community Capital Improvement
Project Arterial Intersection Improvement budget in the Capital Project fund to the College
Avenue-Trilby Road Intersection Improvements Project in the Capital Projects fund and
appropriated and expended therein for the College Avenue-Trilby Road Intersection
Improvements Project.
Section 5. The unexpended and unencumbered appropriated amount of
SEVEN THOUSAND ONE HUNDRED THIRTEEN DOLLARS ($7,113) in the Capital
Projects fund is hereby authorized for transfer to the Cultural Services and Facilities fund
and appropriated and expended therein to fund art projects under the APP program.
Section 6. The unexpended and unencumbered appropriated amount of ONE
THOUSAND EIGHT HUNDRED TWENTY-FOUR DOLLARS ($1,824) in the Capital
Projects 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 7. The unexpended and unencumbered appropriated amount of ONE
HUNDRED EIGHTY-TWO DOLLARS ($182) in the Capital Projects 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.
Section 8. The appropriations herein for the College Avenue-Trilby Road
Intersection Improvements Project are designated as appropriations that shall not lapse
until the completion of the Project.
Page 183
Item 13.
-5-
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Heather N. Jarvis
Page 184
Item 13.
Page 185
Item 13.
Page 186
Item 13.
File Attachments for Item:
14. First Reading of Ordinance No. 114, 2024, Authorizing Transfer of Appropriations
from the South Timberline Mail Creek Trail Underpass Project to the South Timberline
Corridor Project.
The purpose of this item is to reappropriate funding from the South Timberline Mail Creek Trail
Underpass project (“Underpass”) to the South Timberline Corridor project (“Corridor”). No new
funding will be appropriated.
Page 187
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Mark Laken, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
First Reading of Ordinance No. 114, 2024, Authorizing Transfer of Appropriations from the South
Timberline Mail Creek Trail Underpass Project to the South Timberline Corridor Project.
EXECUTIVE SUMMARY
The purpose of this item is to reappropriate funding from the South Timberline Mail Creek Trail Underpass
project (“Underpass”) to the South Timberline Corridor project (“Corridor”). No new funding will be
appropriated.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The recent South Timberline Road construction includes two groups of work, the Underpass and the
Corridor. The Underpass includes a new box culvert for the Mail Creek Ditch and a new pedestrian
underpass for the Mail Creek Trail. Underpass construction was substantially complete in 2022. The
Corridor includes a combination of buffered bike lanes and a raised multi-use path; new sidewalks;
multimodal intersection improvements at two intersections (includes improved geometry, green striping for
bicycles; American with Disabilities Act (“ADA”) compliant ramps and pushbuttons; and additional travel
lanes for vehicles. Corridor work was substantially complete in 2023. There is outstanding landscape and
irrigation work to be completed on the Corridor. The contractor is also addressing minor repair work.
The Underpass and Corridor projects have separate funding and business units. This separation allows
the City flexibility to expedite structure construction with tight timelines between October and April (ditch
bridge replacement) and take full advantage of grant funding, such as Surface Transportation Block Grant
(STBG) program funds, for typical corridor improvements.
The Corridor was initially bid for construction in the summer of 2022. Bids were higher than the available
budget. Construction cost escalation resulting from the COVID pandemic had become a significant problem
and a supplemental appropriation was sought to allow the project to begin construction. The supplemental
appropriation was approved by City Council (Ordinance No. 75, 2022) and included $400,000 from the
Community Capital Improvement Program (CCIP) fund reserves. This funding was inadvertently placed in
the Underpass business unit. The funding is needed in the Corridor project to close out the outstanding
work.
Page 188
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Corridor. No new funding is proposed.
The total fund amount projected for this Project is $7,438,808 composed of funds appropriated with prior
actions. This appropriation transfers the prior appropriated CCIP $400,000 from the Underpass business
unit to the Corridor business unit.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Prior to construction, the Underpass and Corridor projects were presented to several boards and
commissions including City Council, Council Finance Committee, and Transportation Board. All boards
and commissions to which the projects were presented support the projects.
PUBLIC OUTREACH
Prior to and during construction the project staff met with several property owners individually and at open
house events.
ATTACHMENTS
1. Ordinance for Consideration
2. Ordinance No. 075, 2022
Surface Transportation Block Grant (STBG) Program Funds 2,694,602$
Transportation Capital Expansion Fee (TCEF) Funds 3,180,171$
Transportation Services Fund Reserves 390,035$
Community Capital Improvement Program (CCIP) Fund
Reserves 400,000$
General Fund Reserves 774,000$
Total Prior Appropriation 7,438,808$
Prior Appropriated Funds
Page 189
Item 14.
- 1 -
ORDINANCE NO. 114, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE
SOUTH TIMBERLINE MAIL CREEK TRAIL UNDERPASS
PROJECT TO THE SOUTH TIMBERLINE CORRIDOR PROJECT
A. This Ordinance transfers appropriated funds from the South Timberline Mail
Creek Trail Underpass project (“Underpass”) to the South Timberline Corridor project
(“Corridor”).
B. No new funding is appropriated by this Ordinance.
C. The recent South Timberline Road construction includes two groups of
work, the Underpass and the Corridor.
D. The Underpass includes a new box culvert for the Mail Creek Ditch and a
new pedestrian underpass for the Mail Creek Trail. Underpass construction was
substantially complete in 2022.
E. The Corridor includes a combination of buffered bike lanes and a raised
multi-use path; new sidewalks; multimodal intersection improvements at two intersections
(includes improved geometry, green striping for bicycles; American with Disabilities Act
(“ADA”) compliant ramps and pushbuttons; an d additional travel lanes for vehicles.
Corridor work was substantially complete in 2023.
F. For the Corridor, there is outstanding landscape and irrigation work to be
completed, and the contractor is addressing minor repair work.
G. The Underpass and Corridor projects have separate funding and business
units. This separation allows the City flexibility to expedite structure construction with tight
timelines between October and April (ditch bridge replacement) and take full advantage
of grant funding, such as Surface Transportation Block Grant (STBG) program funds, for
typical corridor improvements.
H. The Corridor was initially bid for construction in the summer of 2022. Bids
were higher than the available budget. Construction cost escalation resulting from the
COVID pandemic had become a significant problem and a supplemental appropriation
was sought to allow the project to begin construction. The supplemental appropriation
was approved by City Council (Ordinance No. 75, 2022) and included $400,000 from the
Community Capital Improvement Program (CCIP) fund reserves. This funding was
inadvertently placed in the Underpass business unit. The funding is needed in the
Corridor business unit to close out the outstanding work.
I. This project involves construction estimated to cost more than $250,000,
and City Code Section 23-304 requires one percent of such costs to be transferred to the
Page 190
Item 14.
- 2 -
Cultural Services and Facilities Fund for a contribution to the Art in Public Places
Program. The prior appropriation (Ordinance No. 075, 2022) included the required
contribution to Art in Public Places.
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 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.
K. The City Manager has recommended the transfer of $400,000 from the
Capital Project fund Underpass budget to the Capital Projects fund Corridor budget and
determined that the purpose for which the funds were initially appropriated no longer
exists.
L. 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 capital project .
M. The City Council wishes to designate the appropriation herein for the
Corridor as an appropriation that shall not lapse until the completion of the project.
N. The appropriation in this Ordinance benefits public health, safety and
welfare of the residents of Fort Collins and serves the public purpose of improving
multimodal transportation infrastructure within 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 unexpended and unencumbered appropriated amount of FOUR
HUNDRED THOUSAND DOLLARS ($400,000) is authorized for transfer from the Capital
Project fund South Timberline Mail Creek Underpass budget to the Capital Projects fund
South Timberline Corridor project budget and appropriated therein to be expended for the
South Timberline Corridor project.
Section 2. The appropriation herein for the Capital Projects fund South
Timberline Corridor 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 South Timberline Corridor project.
Page 191
Item 14.
- 3 -
Introduced, considered f avorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Heather N. Jarvis
Page 192
Item 14.
ORDINANCE NO. 075, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND MAKING SUPPLEMENTAL
APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
SOUTH TIMBERLINE CORRIDOR AND
RELATED ART IN PUBLIC PLACES
WHEREAS, the South Timberline Corridor Project (the "Project") is part of the City's
Master Street Plan and was approved by City Council to reduce congestion, improve safety, and
enhance bicycle and pedestrian facilities along the corridor between Stetson Creek Road and
Zephyr Road; and
WHEREAS, the Project includes construction of a combination of buffered bike lanes and
a raised multi -use path, new sidewalks, multimodal intersection improvements at two
intersections, and the Mail Creek Trail underpass with connections to Timberline Road and the
future Mail Creek Trail; and
WHEREAS, construction of this Project was set for two phases; and
WHEREAS, Phase 1, which began in December 2021 and is expected to reach final
conclusion during June 2022, included the construction of structural road elements and box
culverts for the Mail Creek Ditch and the Mail Creek Trail underpass; and
WHEREAS, Phase 2 work includes construction of all remaining corridor improvements;
and
WHEREAS, Phase 2 was funded in part by a Surface Transportation Block Grant from the
North Front Range Metropolitan Planning Organization that is administered by the Colorado
Department of Transportation ("CDOT"); and
WHEREAS, the Grant requires formal concurrence from CDOT before the City can
advertise the construction contract, but said concurrence was not granted until February of 2022;
and
WHEREAS, beginning in the Summer of 2021, the nation, the State of Colorado, and the
northern Colorado region began experiencing significant inflation in construction costs, reflected
in the two most recent Colorado Department of Transportation Colorado Construction Cost Index
reports, indicating annual percentage changes of 17.45% (Q4 2021) and 31.79% (Q 1 2022); and
WHEREAS, these inflationary pressures impacted the Project as bids were received in
March 2022, increasing costs for most unit price work items and resulting in the lowest responsible
bid exceeding the project budget by approximately $2,148,000; and
WHEREAS, City staff has identified three options to reach project completion; and
I-
CO
P
Y
Page 193
Item 14.
WHEREAS, the first option would be to remove elements from the Project design, such as
removal of City -owned landscaping elements (estimated reduction of costs by $550,000) and
removal of new traffic signal improvements at Kechter Road (estimated reduction of costs by
520,000), although the existing signal at Kechter Road ultimately will need to be replaced in the
future to address shortcomings; and
WHEREAS, the second option would be to delay non -essential scope of work items until
additional funding can be secured; and
WHEREAS, the third option would be to secure supplemental appropriation totaling
2,148,000 at this time to meet the Project requirements; and
WHEREAS, staff has recommended that Council make a supplemental appropriation at
this time because the first and second options would result in the project not meeting the identified
project goals within the promised time frame, would expose the remaining work to the likelihood
of continued inflation of costs, and would negatively impact the schedule and budgets for other
transportation capital projects in the design, acquisition, and construction pipeline; and
WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving transportation infrastructure
within the City; and
WHEREAS, this Project involves construction estimated to cost more than $250,000 and,
as such, City Code Section 23-304 requires one percent 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"); and
WHEREAS, a portion of the funds appropriated in this Ordinance for the South Timberline
Corridor Project are ineligible for use in the APP Program due to restrictions placed on them by
the Surface Transportation Block Grant administered by the Colorado Department of
Transportation; and
WHEREAS, the total project cost of $10,738,808 includes a prior appropriation of
8,406,038 completed in the 2019-20 Budget, and the total project cost (excluding an
administrative error of $762,620 and the Surface Transportation Block Grant of $2,694,602) has
been used to calculate the contribution to the APP program; and
WHEREAS, a contribution to the APP program in the amount of $23,930 was included in
the prior appropriation; therefore, the amount to be contributed to the APP Program in this
Ordinance will be $23,328; and
WHEREAS, 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;
and
2-
CO
P
Y
Page 194
Item 14.
WIIEREAS, the Interim City Manager has recommended the appropriations described
herein and determined that these appropriations are available and previously unappropriated from
the Transportation Capital Expansion Fee Fund, General Fund, Transportation Fund, and the
Community Capital Improvement Program Fund, as applicable, and will not cause the total amount
appropriated in the Transportation Capital Expansion Fee Fund, General Fund, Transportation
Fund, and the Community Capital Improvement Program 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; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to another
fund or capital project, provided that the purpose for which the transferred funds are to be expended
remains unchanged, the purpose for which the funds were initially appropriated no longer exists,
or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds
the amount needed to accomplish the purpose specified in the appropriation ordinance; and
WHEREAS, the Interim City Manager has recommended the transfer of $23,328 from the
Capital Projects Fund to the Cultural Services & Facilities Fund and determined that the purpose
for which the transferred funds are to be expended remains unchanged; and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Transportation Services Fund and will not cause the total amount appropriated in the
Transportation Services Fund to exceed the current estimate of actual and anticipated revenues and
all other funds to be received in this Fund during this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a 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 capital project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from new revenue or other funds in the
Transportation Services Fund the sum of ONE HUNDRED EIGHTY-FOUR THOUSAND
SEVEN HUNDRED SEVENTY DOLLARS ($184,770) to be expended in the Transportation
Fund for transfer to the Capital Projects Fund for the Timberline South Corridor project and
appropriated therein.
3 -
CO
P
Y
Page 195
Item 14.
Section 3. That there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of SEVEN HUNDRED SEVENTY-FOUR
THOUSAND DOLLARS ($774,000) to be expended in the Transportation Capital Expansion Fee
Fund for transfer to the Capital Projects Fund for the Timberline South Corridor project and
appropriated therein.
Section 4. That there is hereby appropriated from prior year reserves in the General
Fund the sum of SEVEN HUNDRED SEVENTY-FOUR THOUSAND DOLLARS ($774,000) to
be expended in the General Fund for transfer to the Capital Projects Fund for the Timberline South
Corridor project and appropriated therein.
Section 5. That there is hereby appropriated from prior year reserves in the
Transportation Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) to be
expended in the Transportation Fund for transfer to the Capital Projects Fund for the Timberline
South Corridor project and appropriated therein.
Section 6. That there is hereby appropriated from prior year reserves in the Community
Capital Improvement Program Fund the sum of FOUR HUNDRED THOUSAND DOLLARS
400,000) to be expended in the Community Capital Improvement Program Fund for transfer to
the Capital Projects Fund for the Timberline South Corridor project and appropriated therein.
Section 7. That the unexpended and unencumbered appropriated amount of
EIGHTEEN THOUSAND ONE HUNDRED NINETY-SIX DOLLARS ($18,196) in the Capital
Projects Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein to fund art projects under the APP Program.
Section 8. That the unexpended and unencumbered appropriated amount of FOUR
THOUSAND SIX HUNDRED SIXTY-FIVE DOLLARS ($4,665) in the Capital Projects Fund is
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the operation costs of the APP Program.
Section 9. That the unexpended and unencumbered appropriated amount of FOUR
HUNDRED SIXTY-SEVEN DOLLARS ($467) in the Capital Project Fund is authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the
maintenance costs of the APP Program.
Section 10. That the appropriation herein for the Timberline South Corridor 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.
4-
CO
P
Y
Page 196
Item 14.
Introduced, considered favorably on first reading and ordered publis ed this 21 st day of
June, A.D. 2022, and to be presented for final passage on the A day of JuX, 1k.D. 2022.
9L
iClerks
Passed and adopted on final
ATTEST:
City Clerk
CO
P
Y
Page 197
Item 14.
File Attachments for Item:
15. First Reading of Ordinance No. 115, 2024, Making Supplemental Appropriations of
Prior Year Reserves from Developer Contributions and Authorizing Transfers for the
Future Vine and Timberline Overpass Project and Related Art in Public Places.
The purpose of this item is to enable the City to appropriate development payment-in-lieu (PIL)
funds for the Vine and Timberline Overpass Project (Project). The funds will be used for design
services and grant application support services. If approved, this item will: 1) appropriate
$273,361 received in 2016 as a development contribution to construction by an adjacent
development; and 2) appropriate $3,318 (1% of PIL) from a PIL to the City from a development
contribution to construction to the Art in Public Places (APP) program.
Page 198
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Marc Virata, TCEF Program Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
First Reading of Ordinance No. 115, 2024, Making Supplemental Appropriations of Prior Year
Reserves from Developer Contributions and Authorizing Transfers for the Future Vine and
Timberline Overpass Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to enable the City to appropriate development payment-in-lieu (PIL) funds for
the Vine and Timberline Overpass Project (Project). The funds will be used for design services and grant
application support services. If approved, this item will: 1) appropriate $273,361 received in 2016 as a
development contribution to construction by an adjacent development; and 2) appropriate $3,318 (1% of
PIL) from a PIL to the City from a development contribution to construction to the Art in Public Places (APP)
program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The existing intersection of Timberline Road and Vine Drive experiences congestion with safety and delay
concerns due to the existing 4-way stop control along with an at-grade rail crossing near the intersection.
The Vine and Timberline Intersection Improvements project will improve the intersection with a traffic signal
interconnected to a new rail crossing signal. That project is fully funded, and construction is currently
underway. Construction on that intersection improvement project will be completed later this autumn.
As northeast Fort Collins continues to develop, increasing traffic volumes at the intersection will result in
the need for an overpass like the one recently constructed at Vine and Lemay. This grade separation over
the railroad has been part of the City’s Master Street Plan for several years. The Transportation Capital
Projects Prioritization Study (TCPPS) includes the Vine and Timberline Overpass (Project) as one of the
top 15 projects in the study. TCPPS was discussed at the August 22, 2023, City Council Work Session and
later adopted by City Council on September 19, 2023 (Resolution 2023-086).
The East Ridge Second Filing development provided a development contribution PIL for its local street
portion of Timberline Road in the amount of $276,679 in 2016. This section of Timberline Road would
eventually be constructed as part of the Project. The funds along with a prior appropriation from Waterfield
Page 199
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Fourth Filing (shown in the Prior Appropriated Funds in the table below) will be used for procurement of
preliminary design services and grant application support for the Project.
CITY FINANCIAL IMPACTS
The following is a summary of the current and proposed funding appropriations for the Vine and Timberline
Overpass Project.
The total fund amount projected for this Project is $335,145 composed of funds appropriated with prior
actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Council adopted TCPPS (Project is identified in the study) on September 19, 2023. The study was also
brought to the Transportation Board on August 16, 2023, and the Bike Advisory Committee on August 28,
2023, and both bodies support the results of the study.
PUBLIC OUTREACH
A public engagement plan was established as part of the development of the TCPPS work plan. This effort
included a bilingual webpage on ourcity.fcgov.com, social media platforms, press releases, newsletters
published by the City and various organizations, email distribution in coordination with Larimer County
Department of Health and Environment, and an in-person open house table for the West Elizabeth Corridor
Design Project in July 2021.
A virtual open house for TCPPS was held from October 14-31, 2021, to provide a project progress update,
display analysis findings, garner feedback, and encourage viewers to take a public survey if they had not
already done so. The public survey itself was accessed by 472 visitors, contributed to by 166 unique
people, and received 1,020 pins/comments.
ATTACHMENTS
1. Ordinance for Consideration
2. Conceptual Design
Development Contributions to Construction
Payment in Lieu 58,466$
Total Prior Appropriation 58,466$
Prior Appropriated Funds
Development Contributions to Construction
Payment in Lieu 276,679$
Total Funds to be Appropriated per this Action 276,679$
Transfer to Art in Public Places 3,318$
Total Project Funds 335,145$
Funds to be Appropriated per this Action
Page 200
Item 15.
-1-
ORDINANCE NO. 115, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF PRIOR YEAR
RESERVES FROM DEVELOPER CONTRIBUTIONS AND
AUTHORIZING TRANSFERS FOR THE FUTURE VINE AND
TIMBERLINE OVERPASS PROJECT AND RELATED ART IN
PUBLIC PLACES
A. This Ordinance appropriates development payment-in-lieu (“PIL”) funds for
design services and grant application support services for the Vine and Timberline
Overpass Project (the “Project”).
B. The existing intersection of Vine Drive and Timberline Road experiences
congestion with safety and delay concerns due to the existing four-way stop control along
with an at-grade rail crossing near the intersection.
C. A project separate from the Overpass Project, the Vine and Timberline
Intersection Improvements project will improve the intersection with a traffic signal
interconnected to a new rail crossing signal. That project is fully funded, and construction
is currently underway. Construction on that intersection improvement project is expected
to be completed later this autumn.
D. As northeast Fort Collins continues to develop, increasing traffic volumes at
the intersection will result in the need for an overpass, a grade-separated crossing over
the railroad.
E. This grade separation over the railroad has been part of the City’s Master
Street Plan for several years and has been included in the Transportation Capital Projects
Prioritization Study as one of the top fifteen projects in the study.
F. A private development project provided a development contribution PIL for
its local street portion of Timberline Road in the amount of $276,679 in 2016. That portion
of Timberline Road is a section that will be constructed as part of the Project.
G. An August 2023 appropriation from another development’s PIL contribution
will be used together with the funds appropriated in this Ordinance to procure preliminary
design services and to provide grant application support for the Project.
H. 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.
Page 201
Item 15.
-2-
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Transportation Capital Expansion Fee fund and will not cause the total amount
appropriated in the Transportation Capital Expansion Fee 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 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or 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 completion of the capital project
or until the earlier of the expiration of the federal, state or private grant or private
contribution the City’s expenditure of all funds received from such contribution.
K. The City Council wishes to designate the appropriation herein of the
developer contribution as an appropriation that shall not lapse until the earlier of the
expiration of the contribution or the City’s expenditure of all funds received from the
contribution.
L. This Project involves construction estimated to cost more than $250,000,
and City Code Section 23-304 requires one percent of these appropriations to be
transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public
Places (“APP”) program.
M. The total Project cost of $331,827 has been used to calculate the
contribution to the APP program.
N. The amount to be contributed to the APP program in this Ordinance will be
$3,318.
O. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure within 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. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee fund the sum of TWO HUNDRED SEVENTY-
THREE THOUSAND THREE HUNDRED SIXTY-ONE DOLLARS ($273,361) to be
expended in the Transportation Capital Expansion Fee fund for transfer to the Capital
Projects fund and appropriated therein for the Vine and Timberline Overpass Project.
Page 202
Item 15.
-3-
Section 2. The unexpended and unencumbered appropriated amount of TWO
THOUSAND FIVE HUNDRED EIGHTY-EIGHT DOLLARS ($2,588) in the Capital
Projects fund is hereby authorized for transfer to the Cultural Services and Facilities fund
and appropriated and expended therein to fund art projects under the APP program.
Section 3. The unexpended and unencumbered appropriated amount of SIX
HUNDRED SIXTY-FOUR DOLLARS ($664) in the Capital Projects 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 4. The unexpended and unencumbered appropriated amount of
SIXTY- SIX DOLLARS ($66) in the Capital Projects 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.
Section 5. The appropriation herein for the developer contribution is hereby
designated as an appropriation that shall not lapse until the earlier of the expiration of the
contribution or the City’s expenditure of all funds received from the contribution.
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Heather N. Jarvis
Page 203
Item 15.
4950
4955
4960
4965
4970
4975
4980
4985
4990
4995
5000
4950
4955
4960
4965
4970
4975
4980
4985
4990
4995
5000
10+00
49
5
0
.
3
49
5
0
.
2
7
49
5
0
.
4
49
5
0
.
4
0
11+00
49
5
0
.
9
49
5
0
.
8
7
49
5
1
.
3
49
5
1
.
2
6
12+00
49
5
1
.
4
49
5
1
.
4
0
49
5
2
.
0
49
5
2
.
0
3
13+00
49
5
2
.
3
49
5
2
.
3
3
49
5
2
.
6
49
5
2
.
6
4
14+00
49
5
3
.
3
49
5
3
.
3
0
49
5
4
.
0
49
5
3
.
9
8
15+00
49
5
4
.
6
49
5
4
.
5
5
49
5
5
.
2
49
5
5
.
2
4
16+00
49
5
5
.
7
49
5
5
.
6
8
49
5
6
.
4
49
5
6
.
4
1
17+00
49
5
9
.
0
49
5
9
.
0
3
49
5
9
.
9
49
5
9
.
8
6
18+00
49
6
0
.
5
49
6
0
.
5
2
49
6
0
.
7
49
6
0
.
6
6
19+00
49
5
9
.
8
49
5
9
.
8
2
49
5
9
.
5
49
5
9
.
5
2
20+00
49
5
9
.
6
49
5
9
.
5
6
49
5
9
.
8
49
5
9
.
8
2
21+00
49
6
0
.
2
49
6
0
.
1
8
49
6
1
.
0
49
6
1
.
0
0
22+00
49
6
1
.
3
49
6
1
.
3
1
49
6
1
.
0
49
6
0
.
9
8
23+00
49
6
0
.
8
49
6
0
.
7
6
49
6
0
.
3
49
6
0
.
3
5
24+00
49
6
0
.
3
49
6
0
.
3
3
49
6
1
.
0
49
6
0
.
9
9
25+00
49
6
2
.
0
49
6
2
.
0
0
49
6
0
.
0
49
6
0
.
0
1
26+00
49
5
8
.
5
49
5
8
.
4
6
49
5
8
.
6
49
5
8
.
6
1
27+00
49
5
8
.
6
49
5
8
.
5
8
49
5
8
.
4
49
5
8
.
4
1
28+00
49
5
8
.
3
49
5
8
.
2
6
49
6
0
.
0
49
6
0
.
0
0
29+00
49
5
8
.
0
49
5
8
.
0
0
49
5
8
.
0
49
5
8
.
0
0
30+00
49
5
8
.
1
49
5
8
.
1
0
49
5
8
.
4
49
5
8
.
4
0
31+00
49
5
8
.
7
49
5
8
.
7
5
49
5
9
.
0
49
5
9
.
0
0
32+00
49
5
9
.
7
49
5
9
.
6
7
49
6
0
.
7
49
6
0
.
7
0
33+00
49
6
2
.
2
49
6
2
.
2
0
49
6
3
.
0
49
6
3
.
0
0
34+00
49
6
3
.
5
49
6
3
.
4
9
49
6
3
.
9
49
6
3
.
8
9
35+00
49
6
4
.
5
49
6
4
.
4
7
49
6
5
.
0
49
6
5
.
0
4
36+00
49
6
5
.
5
49
6
5
.
4
8
49
6
6
.
0
49
6
6
.
0
3
37+00
49
6
6
.
6
49
6
6
.
6
4
49
6
7
.
5
49
6
7
.
4
9
38+00
49
6
8
.
6
49
6
8
.
6
1
49
7
0
.
1
49
7
0
.
1
2
39+00
49
7
1
.
7
49
7
1
.
6
9
49
7
3
.
3
49
7
3
.
3
5
0.62%
5.00%
-5.00
%
0.98%
PV
I
S
T
A
=
1
0
+
0
0
.
0
0
EL
E
V
=
4
9
5
0
.
3
4
PV
I
S
T
A
=
3
6
+
5
0
.
0
0
EL
E
V
=
4
9
6
5
.
9
0
420.00' VC
LOW PT STA = 13+51.14
LOW PT ELEV = 4952.52
PVI STA = 15+61.14
PVI ELEV = 4953.82
K = 95.89
BV
C
S
:
1
3
+
5
1
.
1
4
BV
C
E
:
4
9
5
2
.
5
2
EV
C
S
:
1
7
+
7
1
.
1
4
EV
C
E
:
4
9
6
4
.
3
2
580.00' VC
LOW PT STA = 34+49.66
LOW PT ELEV = 4964.41
PVI STA = 32+54.68
PVI ELEV = 4962.03
K = 97.00
BV
C
S
:
2
9
+
6
4
.
6
8
BV
C
E
:
4
9
7
6
.
5
3
EV
C
S
:
3
5
+
4
4
.
6
8
EV
C
E
:
4
9
6
4
.
8
7
660.00' VC
HIGH PT STA = 24+90.00
HIGH PT ELEV = 4992.01
PVI STA = 24+90.00
PVI ELEV = 5000.26
K = 66.00
(TO GET 30' VERTICALLY CLEAR OF RR TRACKS VERTICAL CURVE K VALUE DOES NOT MEET STANDARDS.
STOPPING SIGHT DISTANCE IS APPROX. 46 MPH VS 50 MPH)
BV
C
S
:
2
1
+
6
0
.
0
0
BV
C
E
:
4
9
8
3
.
7
6
EV
C
S
:
2
8
+
2
0
.
0
0
EV
C
E
:
4
9
8
3
.
7
6
4950
4
9
7
5
49
7
1
10+00 11+00 12+00 13+00 14+00 15+00 16+00
17+00
18+00
19+00
20+00
21+00
22+00
23+00
24+00 25+00 26+00 27+00
28+00
29+00
30+00
31+00
32+00
33+00
34+00
35+00 36+00 37+00 38+00 39+00
RECONNECT TO EXIST TIMBERLINE FOR SWITCHYARD ACCESS
LIMIT MOVEMENT TO NORTHBOUND LEFT IN, SOUTHBOUND RIGHT OUT ONLY
REBUILD ANNABEL DRIVE TO CATCH AT 10%
10' WIDE SIDEPATH TO AND FROM
NORTHBOUND TIMBERLINE
10' WIDE SIDEPATH TO AND FROM
SOUTHBOUND TIMBERLINE
4:1
4
:
1
4:
1
2:1
4:1
OVE
M
E
N
T
P
R
O
J
E
C
T
RAILROAD CROSSING WILL BE ELIMINATED
ONCE OVERPASS IS CONSTRUCTED
FUTURE 10' SIDEPATH (NORTH SIDE
OF VINE) PER ACTIVE MODES PLAN
07/06/23
XXX-XXXXX
XXX
DATE:
DRAWN BY:
PROJECT NO:EXHIBITNOTE
THIS DOCUMENT HAS BEEN
RELEASED BY OLSSON
ASSOCIATES AS A CONCEPTUAL
DESIGN AND IS SUBJECT TO
CHANGE WITHOUT NOTICE. THIS
DOCUMENT IS NOT TO BE USED
FOR CONSTRUCTION.
TYPICAL 4 LANE SECTION HAS BEEN USED FOR THIS EXERCISE.
AMP AND LEMAY BRIDGE HAVE 12' SIDE PATHS, NO BIKE LANES,
NARROW MEDIANS, AND LIMITED LANDSCAPING. FURTHER
DISCUSSION IS NEEDED TO DETERMINE IS SIDE PATHS ARE
DETACHED AND MEANDERING AND IF THIS 115' WIDE ROW IS
MORE THAN NEEDED.
Page 204
Item 15.
File Attachments for Item:
16. First Reading of Ordinance No. 116, 2024, Making Supplemental Appropriations of
Revenue from Developer Contributions and Authorizing Transfers for the Cordova Road
Right-of-Way Acquisition.
The purpose of this item is to appropriate developer contribution funds for the City to acquire
right-of-way for Cordova Road as provided in the development agreement for The Landing at
Lemay. If approved, this item will appropriate $500,000 received in July as a development
contribution for Cordova Road Right-of-Way Acquisition.
Page 205
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Marc Virata, TCEF Program Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
First Reading of Ordinance No. 116, 2024, Making Supplemental Appropriations of Revenue from
Developer Contributions and Authorizing Transfers for the Cordova Road Right-of-Way
Acquisition.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate developer contribution funds for the City to acquire right-of-way
for Cordova Road as provided in the development agreement for The Landing at Lemay. If approved, this
item will appropriate $500,000 received in July as a development contribution for Cordova Road Right-of-
Way Acquisition.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading
BACKGROUND / DISCUSSION
Cordova Road is an existing roadway from the roundabout at Lincoln Avenue to Duff Drive, built by the
Capstone Cottage development in 2017. On September 21, 2203, the Planning and Zoning Commission
approved The Landing at Lemay Project Development Plan (PDP). The Landing at Lemay Project is
located directly north of Capstone Cottages and the PDP depicts the developer’s dedication and
construction extending Cordova Road from Duff Drive to Link Lane.
After the Planning and Zoning Commission approval and before entitlement, the developer informed the
City that they were unable to acquire property intended for the Cordova Road dedication to the City. By the
terms of their development agreement with the City, the developer has agreed to provide the City $500,000
towards securing the property identified for Cordova Road right-of-way. Per the development agreement,
if the City is successful in acquiring the property while The Landing at Lemay is under construction, the
developer will construct the Cordova Road extension. If the City is not successful in acquiring the property
in this timeframe, the developer will pay a payment-in-lieu (PIL) for the local portion of Cordova Road
associated with the dedication of the property between Duff Drive and Link Lane.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for the Cordova Road Right-of-Way Acquisition.
Page 206
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The total fund amount projected for this acquisition is $500,000 composed of funds appropriated with this
action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Planning and Zoning Commission approved The Landing at Lemay PDP on September 21, 2023,
depicting the dedication and construction of the extension of Cordova Road.
PUBLIC OUTREACH
The Landing at Lemay PDP had a neighborhood meeting on October 4, 2021, and was subject to the
standard notice to owners of record within 800-feet of the development as prescribed in the Land Use
Code.
ATTACHMENTS
1. Ordinance for Consideration
2. Landing at Lemay Development Agreement
3. Cordova Road Vicinity Map
Development Contributions to Construction 500,000$
Total Funds to be Appropriated per this Action 500,000$
Total Project Funds 500,000$
Funds to be Appropriated per this Action
Page 207
Item 16.
-1-
ORDINANCE NO. 116, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF REVENUE
FROM DEVLOPER CONTRIBUTIONS AND AUTHORIZING
TRANSFERS FOR THE CORDOVA ROAD RIGHT-OF-WAY
ACQUISITION
A. This Ordinance appropriates developer contribution funds to acquire the
right-of-way necessary to complete the extension of Cordova Road through to Link Lane
(the “Acquisition”).
B. Cordova Road is an existing roadway from the roundabout at Lincoln
Avenue to Duff Drive, built by the Capstone Cottage development in 2017.
C. On September 21, 2023, the Planning and Zoning Commission approved
The Landing at Lemay Project Development Plan (“PDP”). The Landing at Lemay Project
is located directly north of Capstone Cottages , and the PDP depicts the developer’s
dedication and construction extending Cordova Road from Duff Drive to Link Lane.
D. After the Planning and Zoning Commission approval and before
entitlement, the developer informed the City that they were unable to acquire the
Acquisition.
E. By the terms of their subsequently negotiated development agreement with
the City, the developer agreed to provide the City $500,000 towards securing the
Acquisition.
F. Per the development agreement, if the City is successful in acquiring the
Acquisition while The Landing at Lemay is under construction, the developer will construct
the Cordova Road extension.
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 previously unappropriated from
the Capital Project fund and will not cause the total amount appropriated in the Capital
Project 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.
I. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
Page 208
Item 16.
-2-
from the Transportation Improvement fund and will not cause the total amount
appropriated in the Transportation Improvement 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.
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 one fund or capital project to
another fund or capital project, provided that the purpose for which the transferre d 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.
K. The City Manager has recommended the transfer of $500,000 from the
Transportation Improvement fund to the Capital Project 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 authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant or contribution, 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
capital project or until the earlier of the expiration of the federal, state or private grant or
private contribution the City’s expenditure of all funds received from such contribution.
M. The City Council wishes to designate the appropriation herein for the
developer contribution as an appropriation that shall not lapse until the earlier of the
expiration of the contribution or the City’s expenditure of all funds received from the
contribution.
N. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure within 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. There is hereby appropriated from new revenue or other funds in the
Transportation Improvement fund the sum of FIVE HUNDRED THOUSAND DOLLARS
($500,000) to be expended in the Transportation Improvement fund for transfer to the
Capital Projects fund and appropriated therein for the Acquisition.
Page 209
Item 16.
-3-
Section 2. The appropriation herein for the developer contribution is designated
as an appropriation that shall not lapse until the earlier of the expiration of the private
contribution or the City’s expenditure of all funds received from such contribution.
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Heather N. Jarvis
Page 210
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#1/35
Page 211
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#2/35
Page 212
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#3/35
Page 213
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#4/35
Page 214
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#5/35
Page 215
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#6/35
Page 216
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#7/35
Page 217
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#8/35
Page 218
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#9/35
Page 219
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#10/35
Page 220
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#11/35
Page 221
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#12/35
Page 222
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#13/35
Page 223
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#14/35
Page 224
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#15/35
Page 225
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#16/35
Page 226
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#17/35
Page 227
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#18/35
Page 228
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#19/35
Page 229
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#20/35
Page 230
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#21/35
Page 231
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#22/35
Page 232
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#23/35
Page 233
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#24/35
Page 234
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#25/35
Page 235
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#26/35
Page 236
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#27/35
Page 237
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#28/35
Page 238
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#29/35
Page 239
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#30/35
Page 240
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#31/35
Page 241
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#32/35
Page 242
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#33/35
Page 243
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#34/35
Page 244
Item 16.
8/6/24, 4:16 PM Landmark Web Official Records Search
https://records.larimer.org/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=#35/35
Page 245
Item 16.
Capstone
Cottages
Landing
At Lemay
Capstone
Cottages
Lincoln Avenue
Le
m
a
y
A
v
e
n
u
e
Buckingham St.
Vine Drive
Cordova Rd.
right-of-way
acquisition
Suniga Rd.
VICINITY MAP
N Page 246
Item 16.
File Attachments for Item:
17. First Reading of Ordinance No. 117, 2024, Amending Chapters 12 and 19 of the Code
of the City of Fort Collins Regarding the Requirements for the Building Energy and Water
Scoring Program.
The purpose of this item is to amend City Code Chapters 12 and 19 relating to the Building
Energy and Water Scoring (BEWS) program. This amendment would modify service
requirements for municipal court citations issued under City Code Section 12-207. This item
does not add any new requirements for building owners.
Page 247
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Katherine Bailey, Energy Services Program Manager
Brian Tholl, Energy Services Manager
SUBJECT
First Reading of Ordinance No. 117, 2024, Amending Chapters 12 and 19 of the Code of the City of
Fort Collins Regarding the Requirements for the Building Energy and Water Scoring Program.
EXECUTIVE SUMMARY
The purpose of this item is to amend City Code Chapters 12 and 19 relating to the Building Energy and
Water Scoring (BEWS) program. This amendment would modify service requirements for municipal court
citations issued under City Code Section 12-207. This item does not add any new requirements for building
owners.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
BEWS Overview
Adopted December 4, 2018, the BEWS reporting program increases transparency and access to energy
efficiency data for commercial and multi-family buildings 5,000 square feet and larger. The program
enhances consumer (tenant) choice and access to information in the real estate market, providing insight
about energy use to aid in sales and lease decisions. BEWS also aligns with Fort Collins Utilities (Utilities)
incentives to provide additional benefits to covered building owners, who have access to program
benchmarking information to guide their decisions relating to efficiency upgrades and energy conservation
investments.
Building owners must comply with annual BEWS reporting requirements. In 2023, 96% of covered building
owners complied with annual program requirements. As of July 2024, 94.7% of building owners have
already complied for the current year. The City of Fort Collins issues municipal court citations to non-
compliant building owners beginning August 1, 60 days after the annual June 1 reporting deadline, pursuant
to Sectioin 12-207 of the City Code.
Building owners receive multiple annual notifications through the following mechanisms and schedule
before citations issue. Additional communications occur throughout the year as needed to address specific
circumstances and questions.
Page 248
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Topic Mechanism Date
Notice of open data set for year Email March 1
Reporting reminder Email and physical mail April 1
Reporting reminders Email, physical mail if no email available May 1, May 15
Reporting reminder Email May 23
Reporting reminders Phone call Mid-May, mid-June
Notices of non-compliance Email and physical mail June 5, July 5
Citation Physical certified mail Aug. 5
Scorecard Email October 15
Proposed Code Change
City Code Section 12-207 directs that BEWS citations are served through the municipal court process in
City Code Section 19-65(4). That Section requires officers to attempt to serve citations on a responsible
party (building owner or agent) at the site of the violation (building address) or to post citations at that
location. Based on feedback from property owners, however this requirement proves impractical for multi-
tenant buildings and properties that are not managed by on-site personnel.
All program communications prior to citations are conducted by email or surface mail to the property
owner’s address in their Utilities service account or Larimer County property records. To ensure effective
service of citations and timely ability for building owners to bring properties into compliance and appear on
municipal court dates, staff is proposing to update City Code to allow BEWS citations to be effective when
served on the responsible party by certified mail at their last known physical address, as stated in the
records of the City, Larimer County, or State. A copy may also be posted in a conspicuous place on the
property.
This change is proposed acknowledging that building owners are typically not accessible at their building’s
physical location. Building owners may not reside in Colorado or near the physical location and are more
reliably reached by mail. BEWS citations delivered to the site of the violation per Section 19-65(4) may not
fully meet due process requirements in instances when citations are received by businesses and tenants,
who are not responsible for complying with BEWS requirements. Delivering citations directly to owners,
rather than hand-serving or posting them at the property, avoids disruption to ongoing business onsite and
tenant confusion, and aligns with building owners’ due process interests.
CITY FINANCIAL IMPACTS
Though there would be no direct impact on City finances from this proposed code change, there would be
associated costs for staff time should a physical posting be required. In 2023, more than 180 building
owners received citations, which would translate into several days of staff time and additional fuel costs to
deliver citations by hand. In 2024, there will be fewer citations issued, but the numbers of citations in future
years are hard to anticipate. Additional staff time would also likely be necessary to address concerns and
questions raised by businesses and tenants upon receipt of citations.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 249
Item 17.
-1-
ORDINANCE NO. 117, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 12 AND 19 OF THE CODE OF THE CITY
OF FORT COLLINS REGARDING THE REQUIREMENTS FOR
THE BUILDING ENERGY AND WATER SCORING PROGRAM
A. On March 3, 2015, City Council adopted Resolution 2015-030, recognizing
the 2015 Climate Action Plan Framework (“2015 CAP Framework”), which contains a high
level analysis of the strategies necessary to reduce Fort Collins’s community-wide
greenhouse gas emissions and established goals to reduce emissions to 80% below 2005
levels by 2030 and to be carbon neutral by 2050 .
B. On April 19, 2016, City Council adopted Ordinance No. 046, 2016, to
recognize the electric utility benefits of community building energy scoring by authorizing
funding from the Electric Utility Fund to establish a Building Energy Disclosure and
Scoring effort to manage or reduce peak demand and overall electric service loads .
C. On December 4, 2018, City Council adopted Ordinance No. 144, 2018,
creating the Fort Collins Building Energy and Water Scoring (BEW S) program in Chapter
12 of the City Code, to increase transparency and access to performance information for
commercial and multi-family buildings 5,000 square feet and larger, and to enhance
efficiency with community programs and partner organizations.
D. Community building energy and water scoring has served as an integral
component in identifying strategies to meet the City’s Energy Policy, Water Efficiency
Plan, and renewable electricity goals, and the absence of this tracking metric will reduce
the efficiency of measures intended to meet these community goals.
E. The State of Colorado (C.R.S. § 25-7-142), the City and more than twenty
leading peer U.S. cities, including Denver, Kanas City, St. Louis, Seattle, and Austin, have
adopted BEW S reporting and transparency requirements, demonstrating the acceptability
and feasibility of such requirements among local governments.
F. BEW S data provides transparent building performance information and
enhances coordination with efficiency programs and partner organizations across public,
nonprofit, and private sectors, improving the City’s ability to attract prospective tenants
and investors seeking to live and work in an energy-conscious community.
G. As of August 6, 2024, 94.7% of building owners required to file BEWS
reports have already complied for the current year; the remainder will be subject to citation
into municipal court for noncompliance.
H. City Code requires officers serve BEWS noncompliance citations on a
building owner at the building address or to post citations at that location, which proves
Page 250
Item 17.
-2-
impractical for providing effective notice of municipal court proceedings involving multi-
tenant buildings and other covered buildings not managed by on-site personnel.
I. Based on input from commercial building owners, operators, and real estate
professionals gained during BEW S program implementation, Utilities, Sustainability
Services, and Environmental Services staff have identified procedural updates in City
Code to improve the practices by which municipal court citations for noncompliance with
BEW S requirements are served.
J. Staff recommends that City Council adopt the proposed BEWS program
service enhancements that would be applicable to all BEW S noncompliance citations
issued with municipal court appearance dates on or after October 1, 2024, as
administered by Sustainability Services staff in collaboration with Utilities Customer
Connections and Environmental Services resources.
K. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety and welfare because the proposed changes
are in furtherance of community climate, energy, and water efficiency efforts and,
therefore, wishes to authorize the amended administration of the Building Energy and
Water Scoring program requirements described in this Ordinance.
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 12-207 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-207. Violations and penalties.
Any person who violates §12-203 or §12-204 without an applicable exception or
variance commits a civil infraction and is subject to the penalty provisions of §1-
15(f) of the Code. Notwithstanding the citation service requirements otherwise set
forth in § 19-65 of the Code, citations for violations of this section will be deemed
properly served when delivered to the covered building owner or other responsible
party by first-class mail at the last known address of said party, as reflected in the
records of the City, County, or State. A copy of the citation may also be posted in
a conspicuous place on the covered building.
Failure to comply with §12-203 or §12-204 in any calendar year shall constitute a
single violation in that calendar year.
Section 2. Section 19-65(a)(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Page 251
Item 17.
-3-
Sec. 19-65. Commencement of action; citation procedure.
(a) Officers shall have the authority to initiate enforcement proceedings as
provided below.
…
(4) Except for service of citations issued according to §12-207 of this
Code, Tthe officer shall attempt to serve the citation to a responsible
party at the site of the violation …
…
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Cyril Vidergar
Page 252
Item 17.
File Attachments for Item:
18. Items Relating to the Laporte Avenue Multimodal Improvement Project.
A. Resolution 2024-097 Authorizing the Execution of an Amendment to An Existing
Intergovernmental Agreement between the City of Fort Collins, Colorado, and the Colorado
Department of Transportation for the Laporte Avenue Multimodal Improvement Project.
B. First Reading of Ordinance No. 118, 2024, Making Supplemental Appropriations from Grant
Revenue and Prior Year Reserves and Authorizing Transfers of Appropriations for the Laporte
Avenue Multimodal Improvement Project and Related Art in Public Places.
The purpose of this item is to reappropriate funding from the Laporte Bridges project (“Bridges”)
to the Laporte Avenue Multimodal Improvements Project (the “Project”), receive and appropriate
Colorado Department of Transportation (“CDOT”) funds, and provide supplemental
appropriations to the Project. The CDOT funds will be used for the construction of a Rectangular
Rapid Flashing Beacon (“RRFB”) signal at Laporte Avenue and Impala Drive. If approved this
item will: 1) authorize the Mayor to execute an amendment to the Intergovernmental Agreement
(the “IGA”) for the Project with CDOT; 2) appropriate $49,500 of Highway Safety Improvement
Program (“HSIP”) grant funds to the Project; 3) appropriate $330,500 from Transportation
Capital Expansion Fee (“TCEF”) reserves to the Project; 4) appropriate $175,000 from
Transportation Services Fund reserves to the Project; 5) reappropriate $517,000 from Bridges
to the Project; 6) appropriate $4,044 (0.8% of TCEF and Transportation Services Project
contribution) from TCEF reserves to the Art in Public Places (“APP”) program; 5) appropriate
$1,011 (0.2% of TCEF and Transportation Services Project contribution) for maintenance of art
from the Transportation Services Fund Reserves to the APP program.
Page 253
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Gunnar Hale, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Items Relating to the Laporte Avenue Multimodal Improvement Project.
EXECUTIVE SUMMARY
A. Resolution 2024-097 Authorizing the Execution of an Amendment to An Existing Intergovernmental
Agreement between the City of Fort Collins, Colorado, and the Colorado Department of Transportation for
the Laporte Avenue Multimodal Improvement Project.
B. First Reading of Ordinance No. 118, 2024, Making Supplemental Appropriations from Grant Revenue
and Prior Year Reserves and Authorizing Transfers of Appropriations for the Laporte Avenue Multimodal
Improvement Project and Related Art in Public Places.
The purpose of this item is to reappropriate funding from the Laporte Bridges project (“Bridges”) to the
Laporte Avenue Multimodal Improvements Project (the “Project”), receive and appropriate Colorado
Department of Transportation (“CDOT”) funds, and provide supplemental appropriations to the Project.
The CDOT funds will be used for the construction of a Rectangular Rapid Flashing Beacon (“RRFB”) signal
at Laporte Avenue and Impala Drive. If approved this item will: 1) authorize the Mayor to execute an
amendment to the Intergovernmental Agreement (the “IGA”) for the Project with CDOT; 2) appropriate
$49,500 of Highway Safety Improvement Program (“HSIP”) grant funds to the Project; 3) appropriate
$330,500 from Transportation Capital Expansion Fee (“TCEF”) reserves to the Project; 4) appropriate
$175,000 from Transportation Services Fund reserves to the Project; 5) reappropriate $517,000 from
Bridges to the Project; 6) appropriate $4,044 (0.8% of TCEF and Transportation Services Project
contribution) from TCEF reserves to the Art in Public Places (“APP”) program; 5) appropriate $1,011 (0.2%
of TCEF and Transportation Services Project contribution) for maintenance of art from the Transportation
Services Fund Reserves to the APP program.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Laporte Avenue projects are developed in three phases: 1) the Bridges and roadway work between
Taft Hill Road and Frey Avenue (Bridges), 2) installation of pedestrian and bicycle side paths between Frey
Avenue and Fishback Avenue (East Project), and 3) installation of pedestrian and bicycle side paths
between Sunset Street and Taft Hill Road (West Project). The initial Bridges phase of this work was
Page 254
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
completed in 2023 and replaced two aging bridges in the corridor. The East Project began earlier this year
and is scheduled to be completed later in August. The West Project is scheduled to begin in October once
property acquisition is complete.
The project delivery method for the East and West Projects is Construction Manager/General Contractor
(CM/GC). The chosen contractor held their proposed pricing for the East Project despite a delay in
beginning construction due to property acquisition and CDOT approval. The contractor has demonstrated
by providing open book pricing and confirmed by an independent cost estimate that price escalation has
impacted many of the materials and costs for the West Project. Construction cost inflation is confirmed by
the CDOT Colorado Construction Cost Index (CCI) report showing an annual percentage increase in
construction costs of 8.03% (Attachment 5). In addition, the cost to acquire real property for the West
Project has been significantly higher than was estimated. Increased acquisition costs result from 1)
significant escalation in property values during the process, 2) increased use of settlements to minimize
delays in some acquisitions, and 3) increased consulting needs (land appraisal and real estate services)
resulting from updated CDOT right-of-way processes. Construction was broken into East and West Projects
to accommodate the property acquisition schedule introducing some additional design cost.
During this design effort, the City applied for and was awarded Fiscal Year 2027 HSIP grant funds to install
an RRFB for additional pedestrian and bicycle safety within the West Project limits at Impala Drive. CDOT
has agreed to provide the funding early so that the RRFB may be included in the construction and has
proposed an amendment to the CDOT IGA to increase the total funds from $1,059,084 by $509,617 to a
new total funds amount of $1,568,701 and to update the funding provisions exhibit of the IGA. Savings
from the Bridges ($517,000) can be reappropriated to the West Project. Including the local match for the
HSIP award, it is estimated that an additional $560,055 (including $49,500 in CDOT HSIP funds) is needed
to complete construction on the West Project.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Laporte Avenue Multimodal Improvement Project.
Transportation Alternatives Program (TAP) Grant Funds 3,250,000$
Multimodal Transportation and Mitigation Options Funds
(MMOF) Grant 250,000$
Revitalizing Mainstreets (RMS) Grant Funds 1,437,500$
Transportation Capital Expansion Fee (TCEF) Funds 613,830$
Transportation Services Fund Reserves 1,665$
Community Capital Improvement Program (CCIP) Bicycle
Program 122,727$
Community Capital Improvement Program (CCIP) Pedestrian
Program 402,273$
General Fund Reserves 225,000$
Total Prior Appropriation 6,302,995$
Prior Appropriated Funds
Page 255
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
The total fund amount projected for this Project is $7,380,050 composed of funds appropriated with prior
actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The proposed appropriation was brought before the Council Finance Committee at their August 1, 2024,
meeting. The committee supported an off-cycle supplemental appropriation and was in favor of forwarding
the appropriation request to City Council. At the time, this item was prepared, meeting minutes had not
been drafted or approved. Prior to the August 1, 2024, meeting, the Council Finance Committee reviewed
the Project on August 11, 2021, and February 23, 2024.
The Project has received full environmental and historical clearances through CDOT during the design,
acquisition, and construction phases. The Project was also presented to the Transportation Board as well
as the Bicycle Advisory Committee in 2020, both of which support the Project.
PUBLIC OUTREACH
Staff has developed and continues to implement a comprehensive Public Engagement Plan for the Project.
As part of the design and acquisition process, staff have discussed the Project with the adjacent property
owners and current business owners immediately abutting the Project improvements. In addition, staff and
an outside acquisition consultant have met or conversed individually with property owners on multiple
occasions regarding design and construction details.
Staff has discussed and presented conceptual level drawings at several public outreach events with an
open house in October of 2019, two public meetings held on May 1, 2023, and May 23, 2023, and the
Transportation Projects Fairs in February 2023 and February 2024. A project website is regularly updated
with Project information and upcoming milestones.
City staff continues to engage with local businesses and property owners impacted by ongoing work and
traffic patterns that are affected by construction traffic control needs and requirements.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
4. Laporte Corridor Vicinity Map
5. Construction Cost Inflation
Highway Safety Improvement Program (HSIP) Grant Funds 49,500$
Transportation Capital Expansion Fee (TCEF) Funds 335,454$
Transportation Services Fund Reserves 175,101$
Reappropriation from Bridges Project to Multimodal
Improvements Project 517,000$
Total Funds to be Appropriated per this Action 1,077,055$
Transfer to Art in Public Places 5,055$
Total Project Funds 7,380,050$
Funds to be Appropriated per this Action
Page 256
Item 18.
-1-
RESOLUTION 2024-097
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN
EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF FORT COLLINS, COLORADO, AND THE
COLORADO DEPARTMENT OF TRANSPORTATION FOR THE
LAPORTE AVENUE MULTIMODAL IMPROVEMENT PROJECT
A. Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane
arterial roadway. The road experiences heavy bicycle and pedestrian traffic especially
with Poudre High School and many residential neighborhoods and businesses located in
this corridor.
B. The corridor has several gaps in multimodal transportation infrastructure.
Many locations lack sidewalks, curbs, and gutters, and the bike lanes are often narrow
and not well defined.
C. The Laporte Avenue projects are developed in three phases: 1) the Bridges
and roadway work between Taft Hill Road and Frey Avenue (“Bridges”), 2) installation of
pedestrian and bicycle side paths between Frey Avenue and Fishback Avenue (“East
Project”), and 3) installation of pedestrian and bicycle side paths between Sunset Street
and Taft Hill Road (“West Project”). Collectively the East Project and West Project
comprise the Laport Avenue Multimodal Improvement Project (the “Project”).
D. The initial Bridges phase of this work was completed in 2023 and replaced
two aging bridges in the corridor. The East Project began earlier in 2024 and is scheduled
to be completed later in August. The West Project is scheduled to begin in October once
property acquisition is complete. Construction was broken into East and West Projects to
accommodate the property acquisition schedule introducing some additional design cost.
E. The project delivery method for the East and West Projects is Construction
Manager/General Contractor (“CM/GC”). The chosen contractor held their proposed
pricing for the East Project despite a delay in beginning construction due to property
acquisition and the Colorado Department of Transportation (“CDOT”) approval. The
CM/GC has demonstrated by providing open book pricing and confirmed by an
independent cost estimate that price escalation has impacted many of the materials and
costs for the West Project. Construction cost inflation is confirmed by the CDOT Colorado
Construction Cost Index report showing an annual percentage increase in construction
costs of 8.03%.
F. Additionally, the cost to acquire real property for the West Project has been
significantly higher than was estimated. Increased acquisition costs result from 1)
significant escalation in property values during the process, 2) increased use of
settlements to minimize delays in some acquisitions, and 3) increased consulting needs
(land appraisal and real estate services) resulting from updated CDOT right -of-way
processes.
Page 257
Item 18.
-2-
G. During this design effort, the City applied for an d was awarded Fiscal Year
2027 Colorado Department of Transportation Highway Safety Improvement Program
(“HSIP”) grant funds to install a Rectangular Rapid Flashing Beacon (“RRFB”) for
additional pedestrian and bicycle safety within the West Project limits at Impala Drive.
H. CDOT has agreed to provide the funding early so that the RRFB may be
included in the construction and has proposed an amendment to the existing CDOT
Intergovernmental Agreement (the “IGA”) to increase the total funds from $1,059,084 by
$509,617 to a new total funds amount of $1,568,701 and to update the funding provisions
exhibit of the IGA.
I. Savings from the Bridges ($517,000) can be reappropriated to the West
Project. Including the local match for the HSIP award ($335,454), it is estimated that an
additional $560,055 (including $49,500 in CDOT HSIP funds) is needed to complete
construction on the West Project.
J. Resolution 2024-025 authorized execution of an amendment to the IGA with
CDOT, which administers the grant funds for the P roject, and this Resolution seeks to
authorize a further amendment of that IGA to enable the City to receive and expend the
additional grant funds to continue the Project.
K. Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or facilities when
the cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve.
L. Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish
governmental services and make charges for such services, or enter into cooperative or
joint activities with other governmental bodies.
M. City Code Section 1-22 requires the City Council to approve IGAs that
require the City to make a direct, monetary payment over $50,000, and the proposed
amendment amends an IGA that requires the City to provide total matching funds in the
amount of $1,420,500.
N. The City Council has determined that this amendment to the IGA with CDOT
is in the best interests of the City and that the Mayor be authorized to execute the
amendment to the IGA between the City and CDOT in support thereof.
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 258
Item 18.
-3-
Section 1. The City Council authorizes the Mayor to execute, on behalf of the
City, upon the effective date of Ordinance No. 118, 2024, an amendment to the
intergovernmental agreement with the Colorado Department of Transportation relating to
the Laport Avenue Multimodal Improvement Project, in substantially the form attached
hereto as Exhibit A, with such additional or modified 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.
Section 2. The City Council authorizes the City Manager to approve and
execute future amendments to the intergovernmental agreement with the Colorado
Department of Transportation relating to the Laport Avenue Multimodal Improvement
Project that the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to facilitate completion of the Laport Avenue Multimodal
Improvement Project, so long as such amendments do not increase the cost of the
Project, substantially modify the purposes of the intergovernmental agreement, increase
the allocation or amount of funding for the Project funded by the City, or otherwise
increase the obligations and responsibilities of the City as set forth in this amendment to
the intergovernmental agreement.
Passed and adopted on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Heather N. Jarvis
Page 259
Item 18.
OLA #: 331002691
Routing #: 22-HA4-XC-00017-M0003
Additional PO Reference: 400001821, 400002122
Document Builder Generated
Rev. 12/09/2016
Page 1 of 3
STATE OF COLORADO AMENDMENT
Amendment #: 2 Project #: TAP M455-133 (23630, 25890, 25891, 25892)
SIGNATURE AND COVER PAGES
State Agency
Department of Transportation
Amendment Routing Number
22-HA4-XC-00017-M0003
Local Agency
CITY OF FORT COLLINS
Original Agreement Routing Number
22-HA4-XC-00017
Agreement Maximum Amount $6,407,500.00 Agreement Performance Beginning Date
June 29, 2022
Initial Agreement Expiration Date
January 11, 2032
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
LOCAL AGENCY
CITY OF FORT COLLINS
By:__________________________________________
*Signature
Name:________________________________________
(Print Name)
Title:_________________________________________
(Print Title)
Date:_________________________________________
ADDITIONAL LOCAL AGENCY SIGNATURES
CITY OF FORT COLLINS
By:__________________________________________
*Signature
Name:________________________________________
(Print Name)
Title:_________________________________________
(Print Title)
Date:_________________________________________
By:___________________________________________
*Signature
Name:________________________________________
(Print Name)
Title:_________________________________________
(Print Title)
Date:_________________________________________
EXHIBIT A TO RESOLUTION 2024-097
Page 260
Item 18.
OLA #: 331002691
Routing #: 22-HA4-XC-00017-M0003
Additional PO Reference: 400001821, 400002122
Document Builder Generated
Rev. 12/09/2016
Page 2 of 3
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Amendment Effective Date:_____________________
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2024-097
Page 261
Item 18.
OLA #: 331002691
Routing #: 22-HA4-XC-00017-M0003
Additional PO Reference: 400001821, 400002122
Document Builder Generated
Rev. 12/09/2016
Page 3 of 3
1)PARTIES
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Pages for
this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State.
2)TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3)EFFECTIVE DATE AND ENFORCEABILITY
A.Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Pages for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B.Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Agreement contained
herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this
Amendment and shall terminate on the termination of the Agreement.
4)PURPOSE
The Parties entered into the Agreement for the Laporte Avenue Improvements: Fishback to Sunset project in
Fort Collins, CO. The Parties now desire to update the Funding Provisions.
5)MODIFICATIONS
The Agreement and all prior amendments thereto, if any, are modified as follows:
a)The total budgeted funds are increased from $6,352,500.00 by $55,000.00 to a new total budgeted funds of
$6,407,500.00.
b)Exhibit C-4 shall be replaced by Exhibit C-5. Any reference in the Original Agreement to Exhibit C,
Exhibit C-1, Exhibit C-2, Exhibit C-3, or Exhibit C-4 shall be a reference to Exhibit C-5.
c)Exhibit D-1 shall be replaced by Exhibit D-2. Any reference in the Original Agreement to Exhibit D or
Exhibit D-1 shall be a reference to Exhibit D-2.
6)LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior
amendments or other modifications to the Agreement, if any, remain in full force and effect except as
specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the
event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and
any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this
Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only
supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this
Amendment specifically modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2024-097
Page 262
Item 18.
Exhibit C-5 - Page 1 of 3
EXHIBIT C-5 - FUNDING PROVISIONS
City of Fort Collins TAP M455-133 (23630, 25890, 25891, 25892 )
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $6,407,500.00, which is to be funded as follows:
1. FUNDING
a. Federal Funds TAP
(80.00% of TAP Award) $3,250,000.00
b. Local Agency Funds
(20.00% of TAP Award) $812,500.00
c. Federal Funds HSIP
(90.00% of HSIP Award) $49,500.00
h. Local Agency Funds
(10.00% of HSIP Award) $5,500.00
d. Federal Funds ARPA US Treasury Expenditure Category EC6
(80.31% of RMS Award) $1,437,500.00
e. Local Agency Funds
(19.69% of RMS Award) $352,500.00
f. State Funds MMOF
(50.00% of MMOF Award) $250,000.00
g. Local Agency Funds
(50.00% of MMOF Award) $250,000.00
TOTAL FUNDS ALL SOURCES $6,407,500.00
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA, USDT
c. Local Agency Unique Entity Identifier VEJ3BS5GK5G1
d. Assistance Listing # Highway Planning and Construction ALN 20.205
e. Assistance Listing # Coronavirus State and Local Fiscal Recovery Funds ALN 21.027
f. Is the Award for R&D? No
g. Indirect Cost Rate (if applicable) N/A
h. Amount of Federal Funds Obligated by this Action: $0.00
i. Amount of Federal Funds Obligated to Date (including this Action): $2,187,500.00
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $3,299,500.00
b. ARPA Funds Budgeted $1,437,500.00
c. State Funds Budgeted $250,000.00
d. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 77.73% $4,987,000.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 22.27% $1,420,500.00
TOTAL PROJECT ESTIMATED FUNDING 100.00% $6,407,500.00
4. FOR CDOT ENCUMBRANCE PURPOSES
TAP
a. Total Encumbrance Amount (Federal funds + Local Agency funds) $4,062,500.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
EXHIBIT A TO RESOLUTION 2024-097
Page 263
Item 18.
Exhibit C-5 - Page 2 of 3
HSIP
a.Total Encumbrance Amount (Only State funds are encumbered) $55,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
RMS (ARPA)
a. Total Encumbrance Amount (Only ARPA funds are encumbered) $1,437,500.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
MMOF
a. Total Encumbrance Amount (Only State funds are encumbered) $250,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $5,805,000.00
Note: Only $2,586,250.00 is currently available. Additional Design and Construction funds will become
available after execution of an Option letter (Exhibit B) or formal Amendment.
______________________________________________________________________________________
TAP
WBS Element 23630.10.30 Performance Period Start*/End Date Design 3020 $1.00
08/31/2022 – 12/31/2024WBS Element 25890.20.10 Performance Period Start*/End Date Const. 3301 $937,500.00
10/12/2023 – 12/31/2024
WBS Element 25891.20.10 Performance Period Start*/End Date Const. 3301 $0.00 TBD-TBD
WBS Element 25892.20.10 Performance Period Start*/End Date Const. 3301 $0.00 TBD-TBD
HSIP WBS Element 25890.20.10
WBS Element 25891.20.10
WBS Element 25892.20.10
Performance Period Start*/End Date TBD - TBD Performance Period Start*/End Date TBD – TBD Performance Period Start*/End Date TBD - TBD
Const. 3301
Const. 3301
Const. 3301
$0.00
$0.00
$0.00
RMS WBS Element 23630.10.30 Performance Period Start**/End Date Design 3020 $1,437,499.00
06/29/2022 – 12/31/2026
MMOF
WBS Element 25890.10.30 Performance Period Start**/End Date Const. 3301 $211,250.00
N/A- N/A
WBS Element 25891.20.10 Performance Period Start**/End Date Const. 3301 $0.00
N/A- N/A
WBS Element 25892.20.10 Performance Period Start**/End Date Const. 3301 $0.00 N/A- N/A
* For TAP and HSIP funds, the Local Agency should not begin work until all three (3) of the following are in place:
1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective
phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3)
milestones are achieved will not be reimbursable.
** For RMS and MMOF funds, the Local Agency should not begin work until both of the following are in place: 1)
the execution of the document encumbering funds for the respective phase; and 2) Local Agency receipt of the
official Notice to Proceed. Any work performed before these two (2) milestones are achieved will not be
reimbursable.
EXHIBIT A TO RESOLUTION 2024-097
Page 264
Item 18.
Exhibit C-5 - Page 3 of 3
B. Matching Funds
The funding ratio for the federal & State funds for this Work is 77.73% federal & State funds to 22.27% Local Agency
funds, and this ratio applies only to the $6,407,500.00 that is eligible for federal & State funding. All other costs are
borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $6,407,500.00, and
additional federal & State funds are not available, the Local Agency shall pay all such excess costs. If the total cost
of performance of the Work is less than $6,407,500.00, then the amounts of Local Agency and federal & State funds
will be decreased in accordance with the funding ratio described in A1. This applies to the entire scope of Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $4,987,000.00. For CDOT
accounting purposes, the federal funds of $3,299,500.00, federal ARPA funds of $1,437,500.00, State MMOF funds
of $250,000.00 and Local Agency funds of $818,000.00 will be encumbered, but the Local Agency funds of
$602,500.00 will NOT be encumbered for a total encumbrance of $5,805,000.00. The total budget of this project is
$6,407,500.00, unless this amount is increased by an executed amendment before any increased cost is incurred.
The total cost of the Work is the best estimate available, based on the design data as approved at the time of
execution of this Agreement, and that any cost is subject to revisions agreed to by the parties prior to bid and award.
The maximum amount payable will be reduced without amendment when the actual amount of the Local Agency’s
awarded Agreement is less than the budgeted total of the federal funds and the Local Agency funds. The maximum
amount payable will be reduced through the execution of an Option Letter as described in Section 7. E. of this
contract. This applies to the entire scope of Work. ARPA Funds can only originate from and after May 18,
2021.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more from all funding sources
defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit
requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20 through 18.26. The Single
Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway
funds) in its fiscal year then this requirement does not apply.
ii.Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds
(Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed.
This audit will examine the “financial” procedures and processes for this program area.
iii.Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple
sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire
organization/entity.
iv.Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an
allowable direct or indirect cost.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2024-097
Page 265
Item 18.
EXHIBIT D-2
LOCAL AGENCY RESOLUTION
[This page will be replaced with Local Agency Resolution prior to routing for signatures.]
EXHIBIT A TO RESOLUTION 2024-097
Page 266
Item 18.
-1-
ORDINANCE NO. 118, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM GRANT
REVENUE AND PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE LAPORTE
AVENUE MULTIMODAL IMPROVEMENT PROJECT AND
RELATED ART IN PUBLIC PLACES
A. Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane
arterial roadway. The road experiences heavy bicycle and pedestrian traffic especially
with Poudre High School and many residential neighborhoods and businesses located in
this corridor.
B. The corridor has several gaps in multimodal transportation infrastructure.
Many locations lack sidewalks, curbs, and gutters, and the bike lanes are often narrow
and not well defined.
C. The Laporte Avenue projects are developed in three phases: 1) the Bridges
and roadway work between Taft Hill Road and Frey Avenue (“Bridges”), 2) installation of
pedestrian and bicycle side paths between Frey Avenue and Fishback Avenue (“East
Project”), and 3) installation of pedestrian and bicycle side paths between Sunset Street
and Taft Hill Road (“West Project”). Collectively the East Project and West Project
comprise the Laport Avenue Multimodal Improvement Project (the “Project”).
D. The initial Bridges phase of this work was completed in 2023 and replaced
two aging bridges in the corridor. The East Project began earlier in 2024 and is scheduled
to be completed later in August. The West Project is scheduled to begin in October once
property acquisition is complete. Construction was broken into East and West Projects to
accommodate the property acquisition schedule introducing some additional design cost.
E. The project delivery method for the East and West Projects is Construction
Manager/General Contractor (“CM/GC”). The chosen contractor held their proposed
pricing for the East Project despite a delay in beginning construction due to property
acquisition and the Colorado Department of Transportation (“CDOT”) approval. The
CM/GC has demonstrated by providing open bo ok pricing and confirmed by an
independent cost estimate that price escalation has impacted many of the materials and
costs for the West Project. Construction cost inflation is confirmed by the CDOT Colorado
Construction Cost Index report showing an annual percentage increase in construction
costs of 8.03%.
F. Additionally, the cost to acquire real property for the West Project has been
significantly higher than was estimated. Increased acquisition costs result from 1)
significant escalation in property values during the process, 2) increased use of
settlements to minimize delays in some acquisitions, and 3) increased consulting needs
(land appraisal and real estate services) resulting from updated CDOT right -of-way
processes.
Page 267
Item 18.
-2-
G. During this design effort, the City applied for and was awarded Fiscal Year
2027 Colorado Department of Transportation Highway Safety Improvement Program
(“HISP”) grant funds to install a Rectangular Rapid Flashing Beacon (“RRFB”) for
additional pedestrian and bicycle safety within the West Project limits at Impala Drive.
H. CDOT has agreed to provide the funding early so that the RRFB may be
included in the construction and has proposed an amendment to the existing CDOT
Intergovernmental Agreement (the “IGA”) to increase the total funds from $1,059,084 by
$509,617 to a new total funds amount of $1,568,701 and to update the funding provisions
exhibit of the IGA.
I. Savings from the Bridges ($517,000) can be reappropriated to the West
Project. Including the local match for the HSIP award ($335,454), it is estimated that an
additional $560,055 (including $49,500 in CDOT HSIP funds) is needed to complete
construction on the West Project.
J. 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.
K. 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.
L. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Transportation Capital Expansion Fee fund, the Transportation Services fund,
and will not cause the total amount appropriated in the Transportation Capital Expansion
Fee fund or the Transportation Services fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in these funds during this fiscal
year.
M. 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 268
Item 18.
-3-
N. The City Manager has recommended the transfer of $517,000 from the
Bridges project in the Capital Project fund to the Laporte Avenue Multimodal Improvement
Project in the Capital Projects fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
O. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or 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 completion of the capital project
or 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.
P. The City Council wishes to designate the appropriation herein for the HSIP
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.
Q. The City Council wishes to designate the appropriation herein for the
Laporte Avenue Multimodal Improvement Project as an appropriation that shall not lapse
until the completion of the Project.
R. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities fund for a contribution to the Art in
Public Places (“APP”) program.
S. 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 the Colorado
Department of Transportation, and the Transfer from the Bridges Project Budget as
previously appropriated with APP the source of these funds.
T. A portion of the funds appropriated in this Ordinance for the Project have
already been used for contribution to the APP program.
U. The project cost of $505,500 has been used to calculate the contribution to
the APP program.
V. The amount to be contributed in this Ordinance will be $5,055.
W. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure within 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:
Page 269
Item 18.
-4-
Section 1. There is hereby appropriated from new revenue or other funds in the
Capital Projects fund the sum of FORTY-NINE THOUSAND FIVE HUNDRED DOLLARS
($49,500) to be expended in the Capital Projects fund for the Laporte Ave Multimodal
Project.
Section 2. The unexpended and unencumbered appropriated amount of FIVE
HUNDRED SEVENTEEN THOUSAND DOLLARS ($517,000) is authorized for transfer
from the Bridges Project in the Capital Projects fund to the Laporte Ave Multimodal Project
in the Capital Projects fund and appropriated therein to be expended for Laporte Ave
Multimodal Project.
Section 3. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of THREE HUNDRED THIRTY-FIVE
THOUSAND FOUR HUNDRED FIFTY-FOUR DOLLARS ($335,454) to be expended in
the Transportation Capital Expansion Fee fund for transfer to the Capital Projects fund
and appropriated therein for the Laporte Ave Multimodal Project.
Section 4. There is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND
ONE HUNDRED ONE DOLLARS ($175,101) to be expended in the Transportation
Services fund for transfer to the Capital Projects fund and appropriated therein for the
Laporte Ave Multimodal Project.
Section 5. The unexpended and unencumbered appropriated amount of
THREE THOUSAND NINE HUNDRED FORTY-THREE DOLLARS ($3,943) in the
Capital Projects fund is hereby authorized for transfer to the Cultural Services and
Facilities fund and appropriated and expended therein to fund art projects under the APP
program.
Section 6. The unexpended and unencumbered appropriated amount of ONE
THOUSAND ELEVEN DOLLARS ($1,011) in the Capital Projects 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 7. The unexpended and unencumbered appropriated amount of ONE
HUNDRED ONE DOLLARS ($101) in the Capital Projects 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.
Section 8. The appropriation herein for the HISP grant is 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.
Section 9. The appropriation herein for the Laporte Avenue Multimodal
Improvement Project is an appropriation that shall not lapse until the completion of the
Project.
Page 270
Item 18.
-5-
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Heather N. Jarvis
Page 271
Item 18.
LOCATION OF
IMPROVEMENTS
LOCATION OF
IMPROVEMENTS
Page 272
Item 18.
Division of Project Support
Construction Engineering Services Branch
Colorado Construction Cost (CCI) Index Report
Calendar Year 2024 — First Quarter
Prepared for:
Keith Stefanik, Chief Engineer
Prepared by:
Stephen Bokros, Manager
Cost Estimating Services Unit
Construction Engineering Services Branch
Division of Project Support
Page 273
Item 18.
CCI Report Summary
First Quarter Ending March 31, 2024
Relative change from last quarter, quarterly data .................................... 4.55%*
Cumulative change from same quarter last year, quarterly data ..................11.85%*
Relative change from last year, annual data**......................................... 9.59%
* Calculations based on quarterly data may vary significantly due to strong
seasonality in Colorado.
** Calculations derived from the most recent four consecutive quarters of data
compared to the previous four consecutive quarters of data. For example, relative
change for Second Quarter Ending June 30, 2017 is derived from July 1, 2016 to
June 30, 2017 data compared to July 1, 2015 to June 30, 2016 data.
Page 274
Item 18.
Summary for all Design-Bid-Build projects awarded between 01/01/2024 and 03/31/2024.
Project Amount
Number
of
Projects
Number
of Bidders
Biddable Items
Total Amount
Average
Number
of
Bidders
$0.00 to $999,999.99 4 13 $2,302,663.56 3.25
$1,000,000.00 to $4,999,999.99 11 39 $26,901,130.91 3.55
$5,000,000.00 to $19,999,999.99 11 36 $93,423,055.12 3.27
$20,000,000.00 or Greater 0 0 $0.00 0.00
Total 26 88 $122,626,849.59 3.38
Average number of bidders per project increased to 3.38 this quarter, from 3.02 the previous quarter.
Average cost per Design-Bid-Build project was $4,716,417.29.
Page 275
Item 18.
Colorado Construction Cost Index Tabulations: Quarterly Data
Earthwork Hot Mix Asphalt Concrete Pavement* Structural Concrete Reinforcing Steel Fisher Ideal Index
Year Quarter Price ($/CY) Qty (CY) Price ($/TON) Qty (TON) Price ($/SY) Qty (SY) Price ($/CY) Qty (CY) Price ($/LB) Qty (LB) Relative Cumulative
2012 Q1 9.32 295,331.00 83.52 611,829.00 29.47 459,695.83 433.44 7,636.00 0.88 1,956,874.00 1.0000
2012 Q2 10.61 367,636.10 82.65 328,357.21 31.18 264,194.31 472.96 5,910.00 0.97 833,101.00 1.0190 1.0190
2012 Q3 11.92 212,117.00 90.76 59,799.23 34.76 107,643.81 487.93 2,388.20 1.04 485,586.00 1.0995 1.1204
2012 Q4 9.49 246,805.00 102.24 146,197.04 n/a** n/a** 527.68 1,772.00 0.94 310,307.00 1.0344 1.1589
2013 Q1 8.08 659,125.00 76.07 393,759.56 31.81 549,580.81 487.00 9,019.00 0.87 1,929,721.00 0.8044 0.9322
2013 Q2 12.75 316,498.00 84.37 501,946.32 52.18 60,482.78 427.09 6,857.00 0.91 1,048,761.00 1.2121 1.1300
2013 Q3 8.72 419,967.00 85.00 147,064.84 35.57 170,833.67 372.83 9,917.00 0.77 2,350,291.00 0.8947 1.0110
2013 Q4 10.00 75,520.00 80.78 198,528.45 42.64 92,749.00 309.40 1,752.00 0.85 486,791.00 1.0086 1.0197
2014 Q1 20.16 99,605.00 92.28 433,692.17 76.84 57,552.78 476.21 3,265.00 0.98 629,246.00 1.2581 1.2829
2014 Q2 12.88 610,731.00 88.13 548,253.70 34.34 302,520.17 517.01 8,249.90 0.90 1,468,195.00 0.8421 1.0803
2014 Q3 13.30 708,794.00 100.07 102,680.99 52.39 147,911.17 592.26 16,294.30 1.01 2,949,114.00 1.1740 1.2683
2014 Q4 10.73 695,288.00 113.42 141,154.23 46.12 156,635.11 549.86 6,657.10 1.03 948,029.00 0.9591 1.2164
2015 Q1 16.60 301,494.80 83.80 736,968.84 34.36 311,378.67 744.81 1,994.30 1.66 368,665.00 0.8798 1.0702
2015 Q2 15.12 167,066.00 94.22 311,989.59 46.36 219,498.00 577.73 1,119.00 1.64 205,245.00 1.1391 1.2190
2015 Q3 20.32 40,649.00 98.61 89,024.05 75.70 12,880.78 739.20 706.90 1.33 86,854.00 1.1536 1.4063
2015 Q4 12.16 309,414.10 81.21 66,957.40 47.46 128,174.06 598.73 3,702.00 1.42 366,651.00 0.7434 1.0454
2016 Q1 12.27 939,477.00 84.03 1,078,315.35 39.18 243,518.78 617.10 6,507.71 1.02 1,627,487.00 0.9767 1.0211
2016 Q2 31.34 14,104.00 110.17 118,434.28 104.99 1,936.89 1,028.57 126.00 2.79 12,189.00 1.4571 1.4878
2016 Q3 10.66 503,305.00 83.55 286,987.61 52.59 275,462.06 606.80 1,952.80 0.94 331,788.70 0.6500 0.9671
2016 Q4 18.00 81,788.00 106.93 108,909.09 47.97 51,601.89 978.88 300.80 2.28 18,840.00 1.2318 1.1913
2017 Q1 24.99 110,497.40 82.20 480,758.14 36.08 60,069.44 1,138.99 67.00 2.17 26,054.00 0.8105 0.9655
2017 Q2 11.28 153,010.00 88.48 302,427.67 36.44 147,787.36 592.94 2,168.00 1.06 416,630.00 0.9916 0.9574
2017 Q3 27.34 51,552.00 115.01 19,675.64 97.88 2,088.89 629.83 2,292.00 1.15 346,069.00 1.4673 1.4048
2017 Q4 16.17 23,686.00 95.90 152,110.33 72.95 2,823.00 1,068.73 263.00 2.32 24,850.00 0.9449 1.3274
2018 Q1 13.97 163,772.00 90.91 302,427.23 92.58 7,834.00 862.30 1,167.00 1.39 206,568.00 0.9415 1.2497
2018 Q2 15.58 47,167.00 110.11 42,157.74 n/a** n/a** 809.61 887.00 1.54 139,494.00 1.1643 1.4551
2018 Q3 15.69 77,482.00 107.51 38,587.91 60.91 11,825.11 711.51 5,097.00 1.07 1,480,110.00 0.8995 1.3088
2018 Q4 16.51 174,175.00 89.89 594,326.44 35.97 974,214.00 674.59 2,017.00 1.29 213,561.00 0.8238 1.0785
2019 Q1 12.73 545,088.00 101.34 491,723.60 53.33 197,389.61 840.94 4,426.90 1.40 871,380.00 1.1848 1.2778
2019 Q2 26.64 55,197.00 119.73 116,528.65 79.43 13,611.17 479.34 8,463.00 1.05 1,230,972.00 1.1236 1.4357
2019 Q3 n/a** n/a** n/a** n/a** 104.00 4,074.22 n/a** n/a** n/a** n/a** 1.0100 1.4501
2019 Q4 16.30 207,333.00 95.42 275,273.38 43.76 41,068.89 798.39 468.00 1.39 149,577.00 0.8508 1.2337
2020 Q1 20.76 456,146.00 93.02 867,587.63 62.82 53,818.89 805.97 4,026.00 1.22 820,456.00 1.0204 1.2589
2020 Q2 9.86 764,455.00 104.16 156,927.56 51.27 177,038.39 809.92 1,804.90 1.43 363,737.00 0.9156 1.1527
2020 Q3 18.41 38,940.00 119.00 26,251.98 46.08 108,008.22 874.51 829.50 1.35 142,067.00 1.1208 1.2920
2020 Q4 7.97 236,919.00 103.21 204,957.94 118.13 129.78 663.99 1,372.40 1.50 170,603.00 1.1677 1.5087
2021 Q1 29.41 70,042.00 86.42 717,198.89 75.43 38,520.44 776.10 1,205.40 1.44 193,123.00 0.9550 1.4408
2021 Q2 15.43 336,448.00 90.69 153,802.91 61.18 44,898.56 988.80 2,639.00 1.61 431,045.00 0.9405 1.3550
2021 Q3 15.10 614,822.00 104.66 60,911.11 83.54 7,714.89 879.03 2,306.00 1.51 302,787.00 1.0677 1.4467
2021 Q4 18.77 279,454.00 114.06 772,464.56 49.21 107,696.78 733.07 1,857.40 1.52 409,460.00 1.0811 1.5641
2022 Q1 21.51 158,601.00 118.27 377,371.40 66.87 79,738.72 1,027.78 1,812.50 1.60 537,299.00 1.0708 1.6748
2022 Q2 21.07 368,073.00 119.68 350,768.54 61.64 75,600.89 936.83 1,583.60 1.60 570,628.00 0.9971 1.6700
2022 Q3 27.51 212,003.00 188.25 29,884.24 88.39 8,176.00 1,214.56 3,082.70 2.43 766,514.00 1.4597 2.4377
2022 Q4 28.25 390,484.00 133.85 653,275.51 100.75 10,902.00 969.78 9,549.00 1.99 2,502,608.00 0.8024 1.9559
2023 Q1 27.03 61,005.00 126.73 238,040.15 100.75 10,902.00 969.78 9,549.00 2.16 10,645.00 0.9592 1.8761
2023 Q2 35.41 62,225.00 141.34 129,616.77 100.75 10,902.00 1,171.30 3,770.00 1.95 153,583.00 1.1378 2.1346
2023 Q3 27.74 46,034.00 147.68 82,792.32 84.77 51,409.44 1,195.41 5,832.00 1.85 1,109,315.00 0.9933 2.1204
2023 Q4 32.05 130,828.00 128.90 706,131.09 84.77 51,409.44 1,287.29 7,025.00 2.44 205,353.00 0.9465 2.0070
2024 Q1 31.63 196,210.00 139.37 306,279.71 115.14 14,538.17 1,052.46 5,027.00 1.76 1,314,768.00 1.0455 2.0984
Weighted average prices and quantities are calculated after outliers (< 5% and > 95%) are removed in the preceding 7 years for a given quarter.
* Concrete Pavement is normalized to 9 inches thick.
** Assuming same price and quantity as previous quarter for index calculations, due to insufficient data of this sub group.
Page 276
Item 18.
Co
n
s
t
r
u
c
t
i
o
n
C
o
s
t
I
n
d
e
x
0.7000
0.9000
1.1000
1.3000
1.5000
1.7000
1.9000
2.1000
2.3000
2.5000
20
1
2
Q
2
20
1
2
Q
3
20
1
2
Q
4
20
1
3
Q
1
20
1
3
Q
2
20
1
3
Q
3
20
1
3
Q
4
20
1
4
Q
1
20
1
4
Q
2
20
1
4
Q
3
20
1
4
Q
4
20
1
5
Q
1
20
1
5
Q
2
20
1
5
Q
3
20
1
5
Q
4
20
1
6
Q
1
20
1
6
Q
2
20
1
6
Q
3
20
1
6
Q
4
20
1
7
Q
1
20
1
7
Q
2
20
1
7
Q
3
20
1
7
Q
4
20
1
8
Q
1
20
1
8
Q
2
20
1
8
Q
3
20
1
8
Q
4
20
1
9
Q
1
20
1
9
Q
2
20
1
9
Q
3
20
1
9
Q
4
20
2
0
Q
1
20
2
0
Q
2
20
2
0
Q
3
20
2
0
Q
4
20
2
1
Q
1
20
2
1
Q
2
20
2
1
Q
3
20
2
1
Q
4
20
2
2
Q
1
20
2
2
Q
2
20
2
2
Q
3
20
2
2
Q
4
20
2
3
Q
1
20
2
3
Q
2
20
2
3
Q
3
20
2
3
Q
4
20
2
4
Q
1
Calendar Year - Quarter
Colorado CCI - Quarterly Data, Cumulative Assuming 2012 Q1 = 1.0000
Quarterly Trendline: Annual Percentage = 8.03%
Page 277
Item 18.
Colorado Construction Cost Index Tabulations: Annual Percentage Change
Earthwork Hot Mix Asphalt Concrete Pavement* Structural Concrete Reinforcing Steel Fisher Ideal Index (Annual Change)
Year Quarter Price ($/CY) Qty (CY) Price ($/TON) Qty (TON) Price ($/SY) Qty (SY) Price ($/CY) Qty (CY) Price ($/LB) Qty (LB) Q1 Q2 Q3 Q4
2012 Q1 8.54 1,643,084.00 83.57 1,241,881.88 31.36 667,746.33 425.94 719,256.60 0.86 7,149,441.00 15.75% ---
2012 Q2 9.14 1,480,770.10 85.60 1,177,201.54 30.19 816,996.14 443.73 482,553.33 0.90 4,772,516.00 -10.64% --
2012 Q3 9.26 1,540,869.10 85.79 1,121,413.82 31.08 843,324.44 453.18 246,336.20 0.91 4,774,608.00 --10.96% -
2012 Q4 10.28 1,123,054.10 86.44 1,075,973.36 30.75 832,137.83 461.30 231,142.60 0.93 3,571,733.00 ---15.53%
2013 Q1 9.06 1,640,490.10 81.96 917,016.69 32.04 921,360.25 486.13 171,271.80 0.92 3,544,580.00 10.18% ---
2013 Q2 9.43 1,589,152.00 83.62 1,091,967.52 34.03 717,397.39 469.76 439,498.40 0.90 3,760,240.00 -6.96% --
2013 Q3 8.97 1,797,152.00 83.46 1,179,429.29 34.27 780,587.25 433.64 110,260.00 0.84 5,637,961.00 --3.92% -
2013 Q4 8.94 1,624,766.00 81.91 1,233,105.61 35.13 872,983.69 419.68 82,635.00 0.83 5,815,564.00 ----2.97%
2014 Q1 11.48 911,590.00 87.61 1,263,123.94 46.14 381,618.22 400.29 348,656.00 0.84 4,515,089.00 9.65% ---
2014 Q2 11.85 1,205,823.00 87.98 1,303,383.13 39.83 623,655.61 433.90 417,310.20 0.84 4,934,523.00 -6.78% --
2014 Q3 13.42 1,494,650.00 89.33 1,258,855.88 44.14 600,788.11 541.68 916,397.20 0.96 5,533,272.00 --15.05% -
2014 Q4 12.87 1,905,718.00 93.84 1,194,508.19 45.71 535,731.67 552.98 445,708.90 0.98 5,959,513.00 ---20.73%
2015 Q1 13.05 2,107,558.80 89.29 1,505,930.18 38.96 789,770.89 573.93 628,474.40 1.02 5,704,023.00 3.93% ---
2015 Q2 13.33 1,663,898.80 91.88 1,278,350.68 43.24 706,748.72 592.19 129,733.50 1.09 4,441,073.00 -7.23% --
2015 Q3 13.63 995,753.80 91.69 1,264,591.17 41.62 571,919.33 582.12 20,378.60 1.26 1,575,781.00 --1.03% -
2015 Q4 14.79 818,579.90 88.28 1,197,470.58 41.60 672,400.83 622.80 51,661.40 1.54 1,029,400.00 ----1.69%
2016 Q1 12.76 1,464,883.10 87.31 1,536,858.49 44.35 604,327.61 584.07 257,857.82 1.14 2,283,131.00 0.67% ---
2016 Q2 12.65 1,311,916.10 87.76 1,343,198.17 43.44 386,502.72 589.95 21,455.62 1.10 2,088,744.00 --2.50% --
2016 Q3 11.90 1,774,241.10 86.35 1,540,764.97 46.66 648,828.00 600.27 109,230.39 1.08 2,336,431.70 ---2.85% -
2016 Q4 12.11 1,546,589.00 88.15 1,579,665.43 46.60 572,255.83 614.48 43,736.55 1.02 1,988,525.70 ----0.35%
2017 Q1 13.86 707,879.40 89.72 982,654.73 51.86 403,163.94 671.29 4,832.80 1.14 387,092.70 4.54% ---
2017 Q2 13.10 846,760.40 87.35 1,166,127.13 47.43 548,620.42 623.09 35,667.20 1.08 792,864.70 -0.60% --
2017 Q3 18.01 394,566.40 89.14 899,330.24 42.66 275,247.25 634.52 24,023.00 1.16 807,026.00 --4.13% -
2017 Q4 17.96 335,196.40 87.05 969,483.05 41.83 226,468.36 644.35 28,740.00 1.17 813,026.00 ---1.06%
2018 Q1 14.50 389,889.00 89.19 827,260.46 39.65 159,163.97 678.88 58,760.00 1.17 988,218.00 0.56% ---
2018 Q2 16.44 342,507.00 89.03 607,596.81 85.48 12,034.39 746.16 25,415.00 1.29 792,847.00 -19.65% --
2018 Q3 14.80 368,871.00 89.18 626,447.65 70.50 21,592.61 747.97 85,976.00 1.14 1,925,915.00 --11.53% -
2018 Q4 15.46 520,654.00 89.21 1,047,318.74 36.62 992,983.61 723.69 95,700.00 1.15 2,114,731.00 ---3.18%
2019 Q1 14.08 902,010.00 94.81 1,206,169.09 39.10 1,183,250.72 752.85 231,190.20 1.21 2,784,865.00 3.08% ---
2019 Q2 14.64 851,604.00 97.70 1,240,977.52 39.56 1,196,861.89 634.01 139,523.30 1.15 3,794,578.00 --13.30% --
2019 Q3 15.25 1,153,471.00 93.10 1,488,059.22 39.84 1,193,589.00 621.84 202,577.40 1.18 5,583,068.00 ---9.30% -
2019 Q4 15.25 1,186,629.00 95.28 1,169,006.16 54.92 260,443.89 621.10 128,855.60 1.18 5,519,084.00 ---14.14%
2020 Q1 18.80 1,097,687.00 92.08 1,544,870.18 61.24 116,873.17 613.90 222,691.00 1.16 5,468,160.00 9.12% ---
2020 Q2 14.30 1,428,945.00 94.94 1,301,967.57 53.19 276,000.39 806.51 44,099.30 1.29 1,333,770.00 -4.39% --
2020 Q3 14.39 1,466,874.00 95.35 1,326,040.54 50.62 379,934.39 814.45 42,770.40 1.30 1,475,837.00 --2.95% -
2020 Q4 13.11 1,496,460.00 96.62 1,255,725.10 51.48 338,995.28 789.68 48,196.80 1.31 1,496,863.00 ----4.71%
2021 Q1 10.99 1,110,356.00 92.83 1,105,336.37 52.44 323,696.83 773.95 41,697.60 1.43 869,530.00 -8.23% ---
2021 Q2 14.45 682,349.00 90.91 1,102,211.72 55.57 191,557.00 856.99 60,463.00 1.52 936,838.00 --2.80% --
2021 Q3 14.64 1,258,231.00 91.00 1,136,870.85 69.17 91,263.67 861.81 37,614.00 1.54 1,097,558.00 ---0.18% -
2021 Q4 16.74 1,300,766.00 99.98 1,704,377.47 58.33 198,830.67 865.86 32,031.20 1.54 1,336,415.00 ---17.45%
2022 Q1 16.69 1,391,205.00 112.57 1,394,922.03 61.12 276,289.17 912.48 34,459.60 1.56 1,744,736.00 31.79% ---
2022 Q2 18.12 1,422,830.00 116.25 1,591,887.66 61.24 306,991.50 890.94 37,797.50 1.56 1,884,319.00 -29.99% --
2022 Q3 21.90 1,020,011.00 118.08 1,560,860.79 61.40 307,452.61 1013.91 58,353.40 1.85 2,348,046.00 --85.09% -
2022 Q4 24.87 1,131,041.00 127.38 1,441,671.74 69.67 210,657.83 1020.16 256,444.80 1.96 4,441,194.00 ---20.32%
2023 Q1 25.47 1,031,565.00 129.89 1,271,968.44 68.45 94,678.89 1020.16 256,444.80 2.16 10,645.00 8.87% ---
2023 Q2 28.55 725,717.00 134.71 1,050,816.67 95.46 19,078.00 1047.93 29,033.40 2.09 3,433,350.00 -26.32% --
2023 Q3 28.87 559,748.00 134.23 1,103,724.74 87.57 62,311.44 1067.99 69,064.00 1.95 3,776,151.00 ---11.68% -
2023 Q4 31.07 300,092.00 131.19 1,156,580.33 84.77 51,409.44 1204.58 45,610.00 1.94 1,478,896.00 ---0.29%
2024 Q1 31.88 435,297.00 134.11 1,224,819.89 91.46 65,947.61 1150.53 56,596.00 1.86 2,783,019.00 9.59% ---
Weighted average prices and quantities are calculated after outliers (< 5% and > 95%) are removed in the preceding 7 years for a given quarter.
* Concrete Pavement is normalized to 9 inches thick.
Page 278
Item 18.
Co
n
s
t
r
u
c
t
i
o
n
C
o
s
t
I
n
d
e
x
80.00%
60.00%
40.00%
20.00%
0.00%
-20.00%
Colorado CCI - Annual Percentage Change
85.09%
31.79%
29.99%
26.32%
23.05%
20.73% 19.65%
17.45%15.53% 15.05%
14.14%
10.96%11.53%
10.64%10.18% 9.65% 9.59% 9.12% 8.87%
6.96% 6.78%7.23%
4.54% 4.13% 4.39% 3.92% 3.93%3.18% 3.08% 2.95% 1.03% 1.06% 0.67% 0.60% 0.56%
0.29%
-0.35%-0.18%-1.69%-2.50% -2.97%-2.85%-2.80%
-4.71%
-8.23%-9.30%
-11.68%-13.30%
20
1
2
Q
2
20
1
2
Q
3
20
1
2
Q
4
20
1
3
Q
1
20
1
3
Q
2
20
1
3
Q
3
20
1
3
Q
4
20
1
4
Q
1
20
1
4
Q
2
20
1
4
Q
3
20
1
4
Q
4
20
1
5
Q
1
20
1
5
Q
2
20
1
5
Q
3
20
1
5
Q
4
20
1
6
Q
1
20
1
6
Q
2
20
1
6
Q
3
20
1
6
Q
4
20
1
7
Q
1
20
1
7
Q
2
20
1
7
Q
3
20
1
7
Q
4
20
1
8
Q
1
20
1
8
Q
2
20
1
8
Q
3
20
1
8
Q
4
20
1
9
Q
1
20
1
9
Q
2
20
1
9
Q
3
20
1
9
Q
4
20
2
0
Q
1
20
2
0
Q
2
20
2
0
Q
3
20
2
0
Q
4
20
2
1
Q
1
20
2
1
Q
2
20
2
1
Q
3
20
2
1
Q
4
20
2
2
Q
1
20
2
2
Q
2
20
2
2
Q
3
20
2
2
Q
4
20
2
3
Q
1
20
2
3
Q
2
20
2
3
Q
3
20
2
3
Q
4
20
2
4
Q
1
Calendar Year - Quarter
Calculations derived from the mostrecent four consecutive quarters of data comparedto the previous four consecutive quarters of data.
Page 279
Item 18.
Comments:
The methodology for preparing the CCI is documented in a brief report attached to the ‘2012
CCI Q2 (Quarter Two)’ report at the link below under the ‘Construction Cost Index’ heading
and ‘2012 CCI Q2’ report (https://www.codot.gov/business/eema/constructioncostindex).
Starting with 2016 Q3, this quarterly CCI report includes calculations based on annual data.
The annual data calculations are less volatile than the quarterly data calculations, partially
due to the strong seasonal nature of transportation construction in Colorado.
For the current quarter, price changes for the five subgroups, as shown in the ‘Colorado
Construction Cost Index Tabulations: Quarterly Data’, are listed as follows:
Earthwork (Excavation and Embankment):
The average price was $31.63/CY (cubic yard), which is down $0.42 CY, with 149.98% of the
quantity, from the previous quarter.
Hot Mix Asphalt:
The average price was $139.37/Ton, which is up $10.47/TON, with 43.37% of the quantity,
from the previous quarter.
Concrete Pavement:
The average price was $115.14/SY (square yard), which is up $30.37, with 28.28% of the
quantity, from the previous quarter.
Structural Concrete:
The average price was $1,052.46/CY, which is down $234.83 SY, with 71.56% of the quantity,
from the previous quarter.
Reinforcing Steel:
The average price was $1.76/LB (pound), which is down $0.68, with 640.25% the quantity,
from the previous quarter.
Additional Information:
This quarter, based on preceding quarterly data, two subgroups, Hot Mix Asphalt and
Concrete Pavement, showed an increase in price. While Earthwork, Structural Concrete, and
Reinforcing Steel showed a decrease in price. 26 Design-Bid-Build projects for a total of
$122,626,849.59 were bid and awarded this quarter. The five categories for CCI items totaled
$58,169,575.52, which is 47.44% of the total Design-Bid-Build awarded amount. Last quarter,
by comparison, had 41 Design-Bid-Build projects bid and awarded.
Projects Awarded This Quarter and Not Used in the CCI Calculations
Project Type Number of
Projects
Biddable Items
Total Amount
Design-Build 0 $0.00
Hybrid / Modified / Streamlined Design-Build 0 $0.00
Construction Manager / General Contractor 2 $140,282,498.55
Emergency 2 $284,045.00
Sub Total 4 $140,566,543.55
Page 280
Item 18.
File Attachments for Item:
19. First Reading of Ordinance No. 119, 2024, Making Supplemental Appropriations from
Colorado Department of Transportation Revenue for the Intersection Improvements on
US-287 (College Avenue) Project.
The purpose of this item is to appropriate Colorado Department of Transportation (CDOT)
revenue dedicated to infrastructure improvements complying with the Americans with
Disabilities Act (ADA).
Page 281
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Dillon Willett, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
First Reading of Ordinance No. 119, 2024, Making Supplemental Appropriations from Colorado
Department of Transportation Revenue for the Intersection Improvements on US-287 (College
Avenue) Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate Colorado Department of Transportation (CDOT) revenue
dedicated to infrastructure improvements complying with the Americans with Disabilities Act (ADA).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City was awarded $876,816 in Fiscal Year 2021 Surface Transportation Block Grant (STBG) program
funds by the North Front Range Metropolitan Planning Organization (NFRMPO) with local funding in the
amount of $182,268 (total funding of $1,059,084). The STBG application proposed to address traffic signal
deficiencies at three intersections along US 287: Swallow Road, Pitkin Street, and Rutgers Avenue. During
the drafting and execution of an Intergovernmental Agreement (IGA) with CDOT, the intersections at
Swallow Road and Rutgers Avenue were replaced by Columbia Road and Harvard Street after being
identified as higher priorities for CDOT. Pitkin Street remained within the project scope. The NFRMPO and
CDOT allowed the City to remove the work at Harvard Street after project estimates determined there was
not enough funding to complete work at all three intersections.
CDOT has agreed to contribute funding (estimated at $509,617) towards improvements to address ADA
deficiencies at the remaining two intersections (Columbia Road and Pitkin Street) that were not originally
identified in the grant application. The current estimate to complete the proposed improvements at the two
intersections is $1,568,701. On June 26, 2024, as authorized by Resolution 2022-035, the City Manager
executed an amendment to the CDOT IGA to increase total funds from $1,059,084 by $509,617 to a new
total funds amount of $1,568,701 and to update the funding provisions exhibit of the IGA (see Attachment
2 to this AIS).
Page 282
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The Harvard Street intersection is within the limits of the proposed Midtown Improvements Project between
Drake Road and Swallow Road (currently at the 30% design milestone). The proposed work at Harvard
Street will be included in the Midtown project, reducing the chance for duplicative work.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Intersection Improvements on US-287 (College Avenue) Project. Please note there was a minor
error ($816) in the total STBG program funds in the initial appropriation that is proposed to be corrected
with this appropriation.
The total fund amount projected for this Project is $1,568,701 composed of funds appropriated with prior
actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project is in the process of receiving full environmental and historical clearances through CDOT as
part of the design phase. The Project was brought before the NFRMPO Technical Advisory Committee on
March 20, 2024, and Council on March 1, 2022, and both bodies recommended approval.
PUBLIC OUTREACH
Staff has developed and continues to implement a targeted Public Engagement Plan for the Project. City
staff will engage with local businesses and property owners impacted by proposed work and traffic patterns
that are affected by construction traffic control needs and requirements.
ATTACHMENTS
1. Ordinance for Consideration
2. Executed IGA Amendment
3. College Signals- Vicinity Map
Surface Transportation Block Grant (STBG) Program Funds 876,000$
Transportation Capital Expansion Fee (TCEF) Funds 92,795$
Transportation Services Fund Reserves 205$
Community Capital Improvement Program (CCIP) Arterial
Intersection Improvements (2020 BFO Offer)89,268$
Total Prior Appropriation 1,058,268$
Prior Appropriated Funds
Surface Transportation Block Grant (STBG) Program Funds 816$
Colorado Department of Transportation (CDOT) Americans
with Disabilities Act (ADA) Funds 509,617$
Total Funds to be Appropriated per this Action 510,433$
Total Project Funds 1,568,701$
Funds to be Appropriated per this Action
Page 283
Item 19.
- 1 -
ORDINANCE NO. 119, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM
COLORADO DEPARTMENT OF TRANSPORTATION REVENUE
FOR THE INTERSECTION IMPROVEMENTS ON US-287
(COLLEGE AVENUE) PROJECT
A. The Intersection Improvements on US-287 (College Avenue) Project (the
“Project”) has been developed to address traffic signal deficiencies at three intersections
along US 287.
B. The City was awarded $876,816 in Fiscal Year 2021 Surface Transportation
Block Grant (“STBG”) program funds by the North Front Range Metropolitan Planning
Organization (“NFRMPO”) with local funding in the amount of $182,268 (total funding of
$1,059,084).
C. The STBG application proposed to address traffic signal deficiencies at
three intersections along US 287: Swallow Road, Pitkin Street, and Rutgers Avenue, but
during the drafting and execution of the original Intergovernmental Agreement (“IGA”)
with the Colorado Department of Transportation (“CDOT”), the intersections at Swallow
Road and Rutgers Avenue were replaced by Columbia Road and Harvard Street after
being identified as higher priorities for CDOT. Pitkin Street remained within the Project
scope.
D. The NFRMPO and CDOT allowed the City to remove the work at Harvard
Street after Project estimates determined there was not enough funding to complete work
at all three intersections. Additionally, the Harvard Street intersection is within the limits
of the proposed Midtown Improvements project between Drake Road and Swallow Road
(currently at the 30% design milestone). The proposed work at Harvard Street will be
included in the Midtown project, reducing the chance for duplicative work.
E. CDOT has agreed to contribute funding (estimated at $509,617) towards
improvements to address Americans with Disabilities Act defi ciencies at the remaining
two intersections (Columbia Road and Pitkin Street) that were not originally identified in
the grant application. The current estimate to complete the proposed improvements at
the two intersections is $1,568,701.
F. On June 26, 2024, as authorized by Resolution 2022-035, the City Manager
executed an amendment to the CDOT IGA to increase the total funds from $1,059,084
by $509,617 to a new total funds amount of $1,568,701 and to update the funding
provisions exhibit of the IGA.
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
Page 284
Item 19.
- 2 -
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 appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Capital Projects fund and will not cause the total amount appropriated in the
Capital Projects 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.
I. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or donation or the City’s expenditure of all funds received from such
grant or donation.
J. 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 Colorado Department
of Transportation Surface Transportation Block Grant Program and Colorado Department
of Transportation Americans With Disabilities Act, the sources of these funds.
K. The City Council wishes to designate the appropriation s herein for Colorado
Department of Transportation Surface Transportation Block Grant Program funds and
Colorado Department of Transportation Americans With Disabilities Act funds as
appropriations that shall not lapse until the earlier of the expiration of the grants or the
City’s expenditure of all funds received from such grant s.
L. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure within 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. There is hereby appropriated from new revenue or other funds in the
Capital Projects fund the sum of EIGHT HUNDRED SIXTEEN DOLLARS: ($816) to be
expended in the Capital Projects fund for Intersection Improvements on US-287 (College
Avenue).
Section 2. There is hereby appropriated from new revenue or other funds in the
Capital Projects fund the sum of FIVE HUNDRED TEN THOUSAND FOUR HUNDRED
THIRTY-THREE DOLLARS: ($509,617) to be expended in the Capital Projects fund for
Intersection Improvements on US-287 (College Avenue).
Page 285
Item 19.
- 3 -
Section 3. The appropriations herein for Colorado Department of
Transportation Surface Transportation Block Grants and the Colorado Department of
Transportation Americans with Disabilities Act Grant funds are hereby designated, as
authorized in Article V, Section 11 of the City Charter, as appropriation s that shall not
lapse at the end of this fiscal year but continue until the earlier of the expiration of the
grants or the City’s expenditure of all funds received from such grants.
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Heather N. Jarvis
Page 286
Item 19.
OLA #: 331002619
Routing #: 22-HA4-XC-00225-M0001
Additional OLA Reference: 400001798
Document Builder Generated
Rev. 12/09/2016
Page 1 of 3
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: STU 2873-215 (24105)
SIGNATURE AND COVER PAGES
State Agency
Department of Transportation
Amendment Routing Number
22-HA4-XC-00225-M0001
Local Agency
CITY OF FORT COLLINS
Original Agreement Routing Number
22-HA4-XC-00225
Agreement Maximum Amount $1,568,701.00 Agreement Performance Beginning Date
May 04, 2022
Initial Agreement Expiration Date
October 05, 2031
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
LOCAL AGENCY
CITY OF FORT COLLINS
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
ADDITIONAL LOCAL AGENCY SIGNATURES
CITY OF FORT COLLINS
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
ATTEST:
APPROVED AS TO FORM:
DocuSign Envelope ID: 2C81F6FE-E91C-447F-818D-7F50513DB08C
Assistant City Attorney
Heather Jarvis
6/23/2024
City Manager
6/26/2024
Kelly DiMartino
City Clerk
Delynn Coldiron
6/26/2024
6/26/2024
Page 287
Item 19.
OLA #: 331002619
Routing #: 22-HA4-XC-00225-M0001
Additional OLA Reference: 400001798
Document Builder Generated
Rev. 12/09/2016
Page 2 of 3
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Amendment Effective Date:_____________________
DocuSign Envelope ID: 2C81F6FE-E91C-447F-818D-7F50513DB08C
6/26/2024
Page 288
Item 19.
OLA #: 331002619
Routing #: 22-HA4-XC-00225-M0001
Additional OLA Reference: 400001798
Document Builder Generated
Rev. 12/09/2016
Page 3 of 3
1)PARTIES
This Amendment (the “Amendment”) to the Original Agreement (the “Agreement”) shown on the Signature and
Cover Pages for this Amendment is entered into by and between the Local Agency and the State.
2)TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3)EFFECTIVE DATE AND ENFORCEABILITY
A.Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Pages for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B.Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Pages for this
Amendment and shall terminate on the Expiration Date of the Agreement.
4)PURPOSE
The Parties entered into the Agreement for the US 287 Traffic Signals project. The Parties now desire to update
the Funding Provisions.
5)MODIFICATIONS
The Parties now desire to:
a)Increase the total funds from $1,059,084.00 by $509,617.00 to a new total funds amount of
$1,568,701.00.
b)Replace Exhibit C-3 with Exhibit C-4. Any reference in the Agreement to Exhibit C shall now be a
reference to Exhibit C-4.
c)Update the Local Agency Resolution and replace Exhibit D with Exhibit D-1, which is attached hereto. Any
reference in the Agreement to Exhibit D shall now be a reference to Exhibit D-1.
6)LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in
this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of
the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: 2C81F6FE-E91C-447F-818D-7F50513DB08C
Page 289
Item 19.
Fed $ LA Work
Exhibit C-4 - Page 1 of 2
EXHIBIT C-4 - FUNDING PROVISIONS
City of Fort Collins - STU 2873-215 (24105)
A.Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $1,568,701.00, which is to be funded as follows:1.FUNDING
a.Federal Funds
(82.79% of STBG Award) $ 876,816.00
b.Local Agency Funds
(17.21% of STBG Award) $ 182,268.00
c.Federal Funds $ 509,617.00
(100% of ADA Award)____________________________________________________________________________________
TOTAL FUNDS ALL SOURCES $ 1,568,701.00 ____________________________________________________________________________________
2.OMB UNIFORM GUIDANCE
a.Federal Award Identification Number (FAIN): TBD
b.Name of Federal Awarding Agency: FHWA
c.Local Agency Unique Entity Identifier VEJ3BS5GK5G1
d.Assistance Listing # Highway Planning and Construction ALN 20.205
e.Is the Award for R&D? No
f.Indirect Cost Rate (if applicable) N/A
g.Amount of Federal Funds Obligated by this Action: $0.00
h. Amount of Federal Funds Obligated to Date (including this Action): $192,722.00
____________________________________________________________________________________
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a.Federal Funds Budgeted $ 1,386,433.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $ 0.00 ____________________________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 88.38% $ 1,386,433.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 11.62% $ 182,268.00
TOTAL PROJECT ESTIMATED FUNDING 100.00% $ 1,568,701.00 ____________________________________________________________________________________
4.FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount (Federal funds + Local Agency funds) $ 1,568,701.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $ 0.00
____________________________________________________________________________________
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $ 1,568,701.00 ____________________________________________________________________________________
Note: Only $232,784.00 in Design funds are currently available. Additional Design and Construction funds
will become available after execution of an Option letter (Exhibit B) or formal Amendment.
____________________________________________________________________________________
$232,784.00 WBS Element 24105.10.30
WBS Element 24105.20.10 $0.00
Performance Period Start*/End Date Design 3020
7/26/2022 - 03/31/2025
Performance Period Start*/End Date Const. 3301
TBD- TBD
____________________________________________________________________________________
* The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase
Performance Period Start Date; 2) the execution of the document encumbering funds for the respective
phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these
three (3) milestones are achieved will not be reimbursable.
B. Funding Ratios
The funding ratio for the federal funds for this Work is 88.38% federal funds to 11.62% Local Agency
DocuSign Envelope ID: 2C81F6FE-E91C-447F-818D-7F50513DB08C
Page 290
Item 19.
Exhibit C-4 - Page 2 of 2
funds, and this ratio applies only to the $1,568,701.00 that is eligible for federal funding. All other costs
are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds
$1,568,701.00, and additional federal funds are not available, the Local Agency shall pay all such excess
costs. If the total cost of performance of the Work is less than $1,568,701.00, then the amounts of Local
Agency and federal funds will be decreased in accordance with the funding ratio described in A1. This
applies to the entire scope of Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $1,386,433.00. For
CDOT accounting purposes, the federal funds of $1,386,433.00 and the Local Agency funds of
$182,268.00 will be encumbered for a total encumbrance of $1,568,701.00, unless this amount is
increased by an executed amendment before any increased cost is incurred. The total budget is
$1,568,701.00, unless this amount is increased by an executed amendment before any increased cost
is incurred. The total cost of the Work is the best estimate available, based on the design data as
approved at the time of execution of this Agreement, and that any cost is subject to revisions agreed to
by the parties prior to bid and award. The maximum amount payable will be reduced without amendment
when the actual amount of the Local Agency’s awarded Agreement is less than the budgeted total of the
federal funds and the Local Agency funds. The maximum amount payable will be reduced through the
execution of an Option Letter as described in Section 7. E. of this contract. This applies to the entire
scope of Work.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more from all funding
sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply
with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20
through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving
federal funds are as follows:
i.Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just
Highway funds) in its fiscal year then this requirement does not apply.
ii.Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific
audit shall be performed. This audit will examine the “financial” procedures and processes for
this program area.
iii.Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on
the entire organization/entity.
iv.Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
DocuSign Envelope ID: 2C81F6FE-E91C-447F-818D-7F50513DB08C
Page 291
Item 19.
EXHIBIT D-1
LOCAL AGENCY RESOLUTION
Exhibit D-1 - Page 1 of 2
DocuSign Envelope ID: 2C81F6FE-E91C-447F-818D-7F50513DB08C
Page 292
Item 19.
Exhibit D-1 - Page 2 of 2
DocuSign Envelope ID: 2C81F6FE-E91C-447F-818D-7F50513DB08C
Page 293
Item 19.
VICINITY MAP
INTERSECTION IMPROVEMENTS ON
US-287 (COLLEGE AVENUE)
PITKIN STREET
COLUMBIA ROAD
Page 294
Item 19.
File Attachments for Item:
20. Items Relating to the Rocky Ridge Conservation Project.
A. Resolution 2024-098 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County to Partner on the Purchase of a 484-acre Property in the Wellington Community
Separator.
B. First Reading of Ordinance No. 120, 2024, Authorizing the Conveyance to Larimer County of
a Conservation Easement and a Right of First Refusal on the Rocky Ridge Property.
The purpose of this item is to authorize an Intergovernmental Agreement (IGA) with Larimer
County for the Rocky Ridge Conservation Project. The Project will conserve 484-acres in fee
within in the Wellington Community Separator. The Ordinance will authorize the conveyance of
a conservation easement and right of first refusal on the property.
Page 295
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tawnya Ernst, Land Conservation Lead Specialist
Katie Donahue, Natural Areas Director
SUBJECT
Items Relating to the Rocky Ridge Conservation Project.
EXECUTIVE SUMMARY
A. Resolution 2024-098 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer
County to Partner on the Purchase of a 484-acre Property in the Wellington Community Separator.
B. First Reading of Ordinance No. 120, 2024, Authorizing the Conveyance to Larimer County of a
Conservation Easement and a Right of First Refusal on the Rocky Ridge Property.
The purpose of this item is to authorize an Intergovernmental Agreement (IGA) with Larimer County for
the Rocky Ridge Conservation Project. The Project will conserve 484-acres in fee within in the Wellington
Community Separator. The Ordinance will authorize the conveyance of a conservation easement and
right of first refusal on the property.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City purchased a 484-acre property in the Wellington Community Separator in May. This parcel
conserves a buffer along two large reservoirs, ensuring habitat and migration corridors for wildlife and fills
in gaps in the community separator – a primary goal of the Open Space Yes ballot language (Attachment
3).
For more than two decades, the City and Larimer County Open Lands have collaborated to conserve land
throughout Larimer County to meet shared land conservation goals. This collaboration includes funding
partnerships on various open space and conservation easement acquisitions. This acquisition and
conservation easement will protect important values that confer the following public benefits:
The property provides a critical buffer for the reservoirs and the surrounding wetlands habitat. It
encompasses a mix of native and domestic grasses and previously tilled fields. Data from the Colorado
Conservation Data Explorer (CODEX) reveals the property is part of the overall range for mountain lion,
black bear, mule deer, brewer sparrow, Cassin's sparrow, ferruginous hawk, golden eagle, grasshopper
sparrow, lazuli bunting, prairie falcon, Swainson's hawk, Virginia's warbler, Townsends big-eared bat,
tri-colored bat, short-short horned lizard, milksnake, and ornate box turtle. The adjoining reservoirs
Page 296
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
have been noted as nesting range for the Great Blue Heron, a brood concentrat ion area for Canada
geese, and winter forage area for bald eagles.
Scenic values that provide a spectacular viewshed of the foothills and City of Fort Collins’ skyline.
Open space values will contribute to existing conserved lands in the vicinity with pot ential recreation
opportunities where appropriate.
The proposed agreement between the City and the County authorizes the County to contribute $1,500,000
towards the City’s recent acquisition of the Rocky Ridge property and the City to convey a conservation
easement and right of first refusal on the property in return. The conservation easement will ensure that
any development on Rocky Ridge property is limited in size and area to designated “building envelopes”,
and that the property will be managed to protect its conservation values in perpetuity. The City and County
have also agreed that as part of the Conservation Easement, the City will retain the ability to construct a
parking lot, trailhead and related amenities (vault toilets, shade structures, kiosk s), along with soft surface
trails.
The project addresses key criteria noted in the Land Acquisition Partnership Guidelines:
The project aligns with the goals of the Council-adopted Natural Areas Master Plan for regional
conservation and partnerships by conserving lands within the Foothills/Buckhorn/Redstone
conservation focus area.
Larimer County and the City have a positive track record of partnerships.
The proposed partnership enhances landscape scale conservation efforts in the Wellington Community
Separator (Attachment 4)
CITY FINANCIAL IMPACTS
The total cost to acquire the 484-acre Rocky Ridge property and to subsequently convey a conservation
easement on said property is approximately $5,117,600. This total includes the purchase price of the fee
acquisition as well as the due diligence and closing costs associated with both the fee acquisition and
conservation easement conveyance. The City’s share is approximately $3,612,350 and the County will
contribute $1,505,250.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At its June 12, 2024, meeting, the Land Conservation and Stewardship Board voted unanimously to
recommend that Council approve the IGA with Larimer County to partner on the purchase of, and
conveyance of a conservation easement for, the Rocky Ridge Conservation Project. (Attachment 5).
PUBLIC OUTREACH
Natural Areas staff presented the proposed partnership to the Land Conservation and Stewardship Board
in a public Meeting on June 12, 2024. Larimer County Open Lands staff will present the proposed
partnership to the County Open Lands Board in a public meeting on July 25. Larimer County staff will
present the proposed partnership to the Board of County Commissioners on July 30.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
4. Vicinity Map
5. Administrative Policy – Land Acquisition Partnership Guidelines
6. Land Conservation and Stewardship Board Minutes, June 12, 2024 (excerpt)
Page 297
Item 20.
-1-
RESOLUTION 2024-098
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH LARIMER
COUNTY TO PARTNER ON THE PURCHASE OF A 484-ACRE
PROPERTY IN THE WELLINGTON COMMUNITY SEPARATOR
A. To meet shared land conservation goals, the City and Larimer County
(“County”) have been collaborating for more than two decades on funding partnerships to
acquire various open space properties and conservation easements.
B. Earlier this year, the City purchased a 484-acre property in the Wellington
Community Separator known as the “Rocky Ridge Property”. The Rocky Ridge Property
conserves a buffer along two large reservoirs, ensuring habitat and migration corridors
for wildlife and fills in gaps in the community separator. The property provides open space,
scenic views, and a critical buffer for the reservoirs and the surrounding wetlands habitat.
It encompasses a mix of native and domestic grasses and previously tilled fields.
C. The County has agreed to contribute funds towards the cost of acquisition
of the Rocky Ridge Property in exchange for the City’s agreement to convey to the County
a conservation easement over the Rocky Ridge Property as well as a right of first refusal
in case the City ever wishes to sell all or a portion of its fee interest in the Rocky Ridge
Property, which conveyance the City Council is being asked to authorize by separate
ordinance (the “Conservation Easement”).
D. The total cost to acquire the Rocky Ridge Property and to subsequently
convey a conservation easement is approximately $5,117,600. This total includes the
purchase price of the fee acquisition as well as the due diligence and closing costs
associated with both the fee acquisition and conservation easement conveyance. The
City’s share is approximately $3,612,350 and the County will contribute $1,505,250.
E. The City and County are negotiating a proposed intergovernmental
agreement regarding the proposed transaction, a draft of which is attached hereto as
Exhibit A (the “IGA”).
F. At its June 12, 2024, meeting, the Land Conservation and Stewardship
Board voted unanimously to recommend that Council approve the proposed IGA with
Larimer County to partner on the purchase of, and conveyance of a conservation
easement for, the Rocky Ridge property.
G. Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish
governmental services and make charges for such services, or enter into cooperative or
joint activities with other governmental bodies.
Page 298
Item 20.
-2-
H. Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or
facilities when such cooperation or contracts are authorized by each party thereto with
the approval of its legislative body or other authority having the power to so approve.
I. Approval of intergovernmental agreements by City Council is required
under Section 1-22 of the City Code, unless an exception applies.
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 authorizes the Mayor, upon the effective
date of Ordinance No. 120, 2024, to execute the IGA, attached hereto as Exhibit “A,”
together with such modifications, deletions and additions as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect
the interests of the City or further the purposes of this Resolution.
Passed and adopted on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Ted Hewitt
Page 299
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE ROCKY RIDGE CONSERVATION PROJECT
This Intergovernmental Agreement (Agreement) is made this ____day of ,
2024, by and between the CITY OF FORT COLLINS, COLORADO (the "City") and LARIMER
COUNTY, COLORADO (the "County")
WHEREAS, part 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and
contract with one another to provide any function, service or facility lawfully authorized to each,
including the sharing of costs; and
WHEREAS, the County has imposed a sales and use tax via the "Help Preserve Open Spaces
Initiative" for the purchase and maintenance of open space, natural areas, wildlife habitat, parks
and trails and a portion of the funds generated by said sales tax are distributed to municipalities
located within Larimer County, including the City; and
WHEREAS, the City has imposed a dedicated 0.25% sales and use tax known as "Open Space
Yes!", portions of the revenues from which are intended and available for the purchase and
maintenance of open space, natural areas, and trails; and
WHEREAS, the parties recognize through the Larimer County Open Lands Master Plan and Fort
Collins Natural Areas Master Plans that certain lands in the foothills and along the mountain
backdrop to the cities of Fort Collins and Wellington (the "Conservation Area") are important to
be conserved through various means such as fee acquisition, conservation easements, and
regulatory measures; and
WHEREAS, the Larimer County Natural Resources Department and the City of Fort Collins
Natural Areas Department share common goals in conserving land in the Conservation Area, and
by this IGA intend to form a partnership to carry out a land conservation project known as the
"Rocky Ridge Conservation Project" to conserve in fee and in conservation easement
approximately 484 acres of land; and
WHEREAS, the Natural Areas Department has prioritized encumbering City Natural Areas'
properties with conservation easements to add further protection to Natural Areas land based on
the advice of the City Land Conservation and Stewardship Board; and
WHEREAS, the City has acquired through purchase of fee interest, the real property referred to
as the "Rocky Ridge Property", described in Exhibit A, attached hereto and incorporated herein
by reference ("Rocky Ridge"); and
WHEREAS, in consideration of a $1,500,000 contribution from the County towards the purchase
of Rocky Ridge, the City intends to convey a conservation easement (the "Conservation
Easement") to the County on Rocky Ridge; and
WHEREAS, the parties desire to cooperate and contract with one another concerning the sharing
of costs and responsibilities for the conservation of the Rocky Ridge property.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
Page 300
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
A. Subject Properties/Easement
1. The City acquired Rocky Ridge on April 30, 2024.
2. The cost for conserving the Rocky Ridge, including the purchase price,
conveyance of the Conservation Easement, closing costs, title insurance, Mineral
Remoteness Opinion, and Baseline Report is estimated to be approximately $5,117,600
as shown in Exhibit B, attached hereto and incorporated herein by reference. The County
and City are responsible for paying the estimated costs designated to each of them in
Exhibit B.
(a) The County, within sixty (60) days of full execution of this Agreement, will
contribute $1,500,000 toward the cost of the acquisition of Rocky Ridge in
exchange for the City granting the Conservation Easement on said property.
(b) The City will pay all due diligence costs associated with the fee acquisition of
Rocky Ridge. The parties agree to share the due diligence costs associated
with the conveyance of the Conservation Easement from the City to the
County on Rocky Ridge. These estimated costs are shown in Exhibit B.
(c) If either the City or County determines it is unable to pay its share of any
unanticipated costs, they agree to negotiate in good faith to reach a
resolution such that the acquisition may be completed. Such resolution may
include modifying the amount each party will pay for the unanticipated costs.
3. Within eighteen (18) months of the execution of this IGA, the City will convey the
Conservation Easement on Rocky Ridge to the County. The terms and conditions of the
Conservation Easement will be substantially the same as the form conservation easement
template attached as Exhibit C which the County and City agree must be completed and
revised (including exhibits thereto) subject to approval of both County and City each in
their sole and separate subjective discretion prior to the conveyance of the Conservation
Easement.
(a) Conveyance of the Conservation Easement and the Option as defined in
paragraph C.1 below, are both subject to prior approval by the Fort Collins
City Council in its discretion by final adoption of an ordinance. If the City
Council does not pass such an ordinance on second reading on or before
October 1, 2024, or if the Council approves such ordinance but within ten
(10) days of the passage of the ordinance a notice of protest against the
ordinance is filed with the City Clerk of the City of Fort Collins pursuant to
Section 2(b) of Article X of the Charter of the City of Fort Collins, then this
IGA shall terminate and both parties shall be released from their obligations
hereunder and the County shall be entitled to a refund of its contribution
towards the City's purchase of Rocky Ridge.
(b) The County will prepare the Conservation Easement instrument covering
Rocky Ridge, in collaboration with the City. Upon completion of the
transaction the County shall submit the Conservation Easement to the
Larimer County Clerk and Recorder for recording in the real property records
of the County and shall provide a copy of the recorded Conservation
Easement to the City upon completion of recording. If the Parties cannot
agree on the terms of the Conservation Easement, the County shall be
entitled to a refund of its contribution towards the City's purchase of Rocky
Page 301
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
Ridge.
4. Following the closing of the fee acquisition and conservation easement
conveyance, the City will prepare a summary report similar to Exhibit B showing the exact
costs paid by each party. It is not necessarily the parties' intent that the costs paid by each
party will be equivalent to the value of the property interest held by such party.
5. The City shall have the discretion to make decisions related to the negotiations
including choice of surveyor, title company, and other administrative matters, consistent
with this Agreement. The parties shall promptly communicate with each other on any new
material information related to Rocky Ridge and the Conservation Easement acquisition.
B. Management of Rocky Ridge
1. The City will manage Rocky Ridge in accordance with management priorities for
City Natural Areas properties in a similar geographic location. Within 18 months of
Conservation Easement conveyance the City will complete an onboarding planning
process for the site and establish management tactics for the site. Subsequent
management tactics will be established through a Zone Update to be completed within
five years of conveyance.
2. In the event of emergency circumstances requiring immediate response prior to
the Mountains to Plains Zone Update which will be used to guide the management of
Rocky Ridge, the City shall be entitled to use reasonable discretion in responding to such
circumstances. If possible, the City shall consult with the County in advance of any action
being taken. In the event advance consultation is not reasonably possible, the City shall
limit its actions to those necessary to address the existing emergency and shall make
reasonable efforts to inform the County promptly of any such event and chosen course of
action.
C. Subsequent Sale and/or Transfer of Rocky Ridge or Conservation Easement Interests
1. If the City desires to sell all or any portion of its fee interest in Rocky Ridge, the
City shall provide written notice to the County of its intention to sell its interest ("Notice of
Intent to Sell"). The County shall have a right of first refusal ("Option") to purchase such
interest ("Interest") for its fair market value.
(a) The County shall have 30 days from the date of the Notice of Intent to Sell to
notify the City if it is interested in purchasing the Interest. The parties shall
then jointly select an appraiser to determine the fair market value of the
Interest. The cost of such appraisal shall be split equally between the parties.
(b) The County shall notify the City within 30 days following the completion of
the appraisal whether it intends to purchase the Interest. The parties shall
then work in good faith to negotiate a purchase and sale agreement and any
necessary documents for completion of the sale. The Option shall expire if
the County does not, within 30 days of the completion of the appraisal, notify
the City that it intends to purchase the Interest.
(c) If the County timely notifies the City of its intent to purchase, the Option shall
nonetheless expire two years after the date of the Notice of Intent to
Purchase if the parties, acting in good faith, have not closed on the
Page 302
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
conveyance of the Interest by that time.
(d) If the County declines to purchase the Interest, either before or after having
the Interest appraised, the City may then convey the Interest to a third-party
as it chooses without compensation to the County, as long as such sale of
the Interest is subject to the terms of the Conservation Easement and any
other existing encumbrances, restrictions, or conditions applicable to the
conveyed property.
2. If the City desires to sell all or any portion of its fee interest in Rocky Ridge,
including easements or rights of way, and the County notifies the City of a potential
adverse impact of the proposed sale on the remaining interests in Rocky Ridge or the
Conservation Easement, the parties agree to negotiate in good faith to resolve the issue
prior to the conveyance of such interests, as described in the Conservation Easement.
3. If all or any portion of Rocky Ridge is taken by eminent domain prior to the City's
conveyance of the Conservation Easement to the County, the net proceeds from such
disposition shall be divided between the City and the County in the same percentage as
their respective contributions to the initial purchase payments for acquiring the property
interests taken as defined in Exhibit B. Proceeds from such conveyance shall be subject
to the provisions of each party's respective applicable policies, ordinances, resolutions,
and plans. If all or any portion of Rocky Ridge is taken by eminent domain after
conveyance of the Conservation Easement, the compensation received for the taking shall
be divided between the parties as described in the Conservation Easement.
4. If the County wishes to assign the Conservation Easement (including any form of
transfer or conveyance) to a third party, it shall provide written notice to the City of its
intention to do so and the identity of the proposed assignee ("Notice"). The City shall have
thirty (30) days from receipt of the Notice to notify the County of any objection the City has
to the proposed assignment and the basis for such objection. If the City raises such an
objection, the parties agree to negotiate in good faith to resolve the issue prior to the
assignment of the Conservation Easement. Per the terms of the Conservation Easement,
the County shall have the authority to assign the Conservation Easement despite objection
by the City provided that the County has negotiated in good faith with the City to resolve
the objection. The parties understand and acknowledge that if the County assigns the
Conservation Easement to a third-party, the County may not receive any payment for such
transfer, and neither the County nor the City would be entitled to recover any portion of its
initial contribution to the value of the Conservation Easement.
D. General Provisions.
1. Each party agrees to execute all additional instruments and documents necessary
to effectuate the transactions and purposes described herein, subject to any necessary
approvals.
2. This Agreement shall be binding upon and inure to the benefit of the parties'
respective successors and permitted assigns.
3. Financial obligations of the parties payable after the current fiscal year are
contingent upon the governing bodies of the parties, in their discretion, appropriating funds
sufficient and intended for such purposes.
4. Each party is responsible for its own negligence and that of its officers, employees,
Page 303
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
and volunteers. Nothing in this Agreement waives the immunities, limits of liability, or other
terms and conditions of the Colorado Governmental Immunity Act as now in force or
hereafter amended.
5. Any notices required or permitted to be given shall be in writing and personally
delivered to the office of the parties hereof, or sent by first class mail, postage prepaid, or
by overnight commercial courier, addressed as follows:
Katie Donahue Daylan Figgs
Natural Areas Director Natural Resources Director
City of Fort Collins - Natural Areas
Department
Larimer County Natural
Resources Department
PO Box 580, Fort Collins, CO 80522 1800 S County Rd 31, Loveland,
CO 80537
kdonahue@fcgov.com dfiggs@larimer.org
Any such notice shall be effective (i) in the case of personal delivery or by overnight
commercial courier, when the notice is actually received, or (ii) in the case of first-class
mail, the third day following deposit in the United States mail, postage prepaid, addressed
as set forth above. Any party may change these persons or addresses by giving notice as
required above.
6. If either party should fail or refuse to perform according to the terms of this
Agreement, such party may be declared in default thereof. If a party has been declared in
default, such defaulting party shall be allowed a period of ten (10) 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) avail itself of any other remedy at law
or equity. If the non-defaulting party commences legal or equitable actions against the
defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-
defaulting party's reasonable attorney fees and costs incurred because of the default.
7. Nothing in this Agreement shall imply any partnership, joint venture, or other
association between the City and the County. Each party shall have sole responsibility for
the content and the conduct of its activities. Neither party shall use the other's name or
logo to suggest co- sponsorship or endorsement of any activity without the other's prior
written approval.
IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental
Agreement concerning the Rocky Ridge Conservation Project, on the day and year first
above written.
THE CITY OF FORT COLLINS, COLORADO,
Page 304
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
A Municipal Corporation
By:
Jeni Arndt, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________________
City Clerk Assistant City Attorney
_______________________________ ___________________________________
(print name) (title) (print name)
Page 305
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
BOARD OF COUNTY COMMISSIONERS
LARIMER COUNTY, COLORADO
By: _______________________________
Chair
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________________
Deputy Clerk County Attorney
Page 306
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
EXHIBIT A
Rocky Ridge Property
Page 307
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
EXHIBIT B
Rocky Ridge Conservation Project
Draft IGA Cost Data
Costs are Estimates and are subject to change
Property Acres Fort Collins Larimer County Total
Rocky Ridge Fee Purchase
Land Acquisition 484 $3,600,000 $1,500,000 $5,100,000
Closing Costs $4,600 $4,600
Environmental Assessment $2,500 $2,500
Subtotal $5,107,100
Conservation Easement on Rocky Ridge
Easement Acquisition $1,500,000
Baseline Report $3,500 $3,500 $7,000
Mineral Remoteness Report $1,250 $1,250 $2,500
Closing Costs $500 $500 $1,000
Subtotal $10,500
Grand TOTALS 484 $3,612,350 $1,505,250 $5,117,600
Page 308
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
Exhibit C
TEMPLATE DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT (the “Deed”) is granted on this ____ day
of ___________ 2024 (“Effective Date”), by THE CITY OF FORT COLLINS, COLORADO, a
Colorado municipal corporation (“Grantor ”) whose address for the purposes of this Deed is 300
LaPorte Avenue, P.O. Box 580, Fort Collins, Colorado 80522 to the INSERT
NAME,(“Grantee”), having its address at ______. (Grantor and Grantee may be individually
referred to as a “Party” and collectively referred to as “Parties.”) The following exhibits are
attached and incorporated:
Exhibit A - Legal Description of Property
Exhibit B - Map of Property
Exhibit C - Descriptions and Maps of Building Envelope Areas (Approximate
Building Envelope area and surveyed addendums)
RECITALS
A. Grantor is the sole owner in fee simple of approximately ______ acres of real property
located in Larimer County, Colorado, more particularly described in Exhibit A and generally
depicted on Exhibit B (the “Property”).
B. The Property possesses relatively natural habitat, scenic, open space, educational, and
recreational values (collectively, “Conservation Values”) of great importance to Grantor, the
people of the City of Fort Collins and the surrounding Larimer County region, and the people of
the State of Colorado. In particular, the Property contains the following characteristics, as
described in the baseline report, which are also included within the definition of Conservation
Values.
i. Scenic and open space values, including views of grassy plains, the foothills and
mountains, hogback ridges, rock outcroppings and cliffs.
ii. Natural Vegetation communities include, cottonwood galleries, foothills
grasslands, and a wildlife corridor for resident and migrant birds and mammals.
Wildlife values include habitat for deer, elk, bighorn sheep, mountain lion, bobcat,
coyote, fox, various smaller mammals, various snake and amphibian species,
raptors, and other resident and migratory bird species.
iii. Ecological values, representing a native biotic community of grasslands, and
shrublands.
iv. Agricultural values for limited livestock grazing and hay production.
v. Recreational Values: Conservation of the Property will provide potential for future
public access for appropriate non-motorized trail-based recreation such as
walking, hiking, horseback riding, and biking.
Conservation of this property is consistent with the following state and local governmental policies:
Page 309
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
i. C.R.S. § 33-1-101, et seq., provides in relevant part that "[i]t is the policy of
the state of Colorado that the wildlife and their environment are to be
protected, preserved, enhanced, and managed for the use, benefit, and
enjoyment of the people of this state and its visitors."
ii. C.R.S. § 38-30.5-101, et seq., provides for the establishment of conservation
easements to maintain land "in a natural, scenic, or open condition, or for
wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest,
or other use or condition consistent with the protection of open land,
environmental quality or life-sustaining ecological diversity, or appropriate to
the conservation and preservation of buildings, sites, or structures having
historical, architectural, or cultural interest or value.”
iii. The Western Governors’ Association Policy Resolution 2021-04 states that
the “Western Governors support all reasonable proactive management efforts
to conserve species and the ecosystems upon which they depend to sustain
populations of diverse wildlife and habitats, preclude the need to list a species
under the ESA, and retain the West’s wildlife legacy for future generations.
Western Governor’s also support initiatives that engage stakeholders to
develop incentives for early, voluntary conservation measures to address
multiple threats to species while preserving and enhancing western working
landscapes.”
iv. The Colorado Department of Transportation statutes, C.R.S. § 43-1-401, et
seq., provide that the "preservation and enhancement of the natural and
scenic beauty of this state" is a substantial state interest.
v. Priority III of Colorado’s Statewide Comprehensive Outdoor Recreation Plan
(SCORP) 2019-2023 is land, water, and wildlife conservation and the goal of
Priority III is “Private and public lands and waters are conserved to support
sustainable outdoor recreation, the environment, and wildlife habitat.
Objective I of Priority III is to advance landscape-scale conservation.
vi. Colorado’s 2015 State Wildlife Action Plan (SWAP) contains the following
guiding principles:
- “Encourage and support conservation actions that meet the
needs of Species of Greatest Conservation Need;
- Acknowledge the pivotal role that private landowners and
local stakeholders play in conservation;
- Maintain an atmosphere of cooperation, participation, and
commitment among wildlife managers, landowners, private and public land
managers, and other stakeholders in development and implementation of
conservation actions.”
vii. The City of Fort Collins Natural Areas Master Plan (2014) states that “the
mission of the Natural Areas Department is to conserve and enhance lands
with natural resource, agricultural, and scenic values, while providing
meaningful education and appropriate recreation opportunities” and
establishes conservation focus areas including the Foothills: Buckhorn,
Redstone and Rist Canyon focus area which encompass the Property.
viii. The City of Fort Collins City Plan (2019) includes the following Principle ENV1:
“Conserve, create and enhance ecosystems and natural spaces with Fort
Collins, the GMA and the region.”
C. Grantor intends that the Conservation Values be preserved and protected in perpetuity,
and that the Deed prohibits any uses that would materially adversely affect the Conservation
Values or that otherwise would be inconsistent with the Purpose (defined below). The Parties
acknowledge and agree that uses expressly permitted by this Deed and Grantor’s current land
Page 310
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
use patterns on the Property, including without limitation those relating to grazing livestock, hay
production, maintaining shrubland and grassland health and public open space and recreation
purposes existing on the Effective Date (as defined in Section 27, below), do not materially
adversely affect the Conservation Values and are consistent with the Purpose
D. By granting this Deed, Grantor further intends to create a conservation easement interest
that binds Grantor as the owner of the Property and also binds future owners of the Property and
to convey to Grantee the right to preserve and protect the Conservation Values in perpetuity.
E. Grantee is a ________, and a “qualified organization” under I.R.C. § 170(h) and Treas.
Reg. § 1.170A-14(c), whose primary purpose is to preserve and protect significant open space,
natural areas, wildlife habitat, and develop parks and trails for present and future generations.
F. Grantee is qualified to hold conservation easements as a ________ under C.R.S. § 38-
30.5-104, et seq.
G. Grantee is certified as license number ________by the State of Colorado’s Division of
Real Estate pursuant to C.R.S. § 12-61-724 and 4 C.C.R. 725-4, Chapter 2, to hold conservation
easements for which a tax credit is claimed.
H. Grantee agrees by accepting this Deed to preserve and protect in perpetuity the
Conservation Values for the benefit of this and future generations.
NOW, THEREFORE, pursuant to the laws of the State of Colorado, and in particular
C.R.S. § 38-30.5-101, et seq., and in consideration of the recitals set forth above, the mutual
covenants, terms, conditions, and restrictions contained in this Deed, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor voluntarily
grants and conveys to Grantee, and Grantee voluntarily accepts, a conservation easement in
gross in perpetuity over the Property for the Purpose set forth below and of the nature and
character and to the extent set forth in this Deed.
1. Purpose. The purpose of this Deed is to ensure that Grantor preserves and protects in
perpetuity the Conservation Values as they exist upon the Effective Date and as they may evolve
in the future, in accordance with I.R.C. § 170(h), Treas. Reg. § 1.170A-14 and C.R.S. § 38-30.5-
101 et seq. (“Purpose”). To effectuate the Purpose, Grantor and Grantee agree: (i) to allow those
uses of the Property that are expressly permitted by this Deed, subject to any limitations or
restrictions stated in this Deed, and those uses of the Property that do not materially adversely
affect the Conservation Values; and (ii) to prevent any use of the Property that is expressly
prohibited by this Deed or will materially adversely affect the Conservation Values.
Notwithstanding the foregoing, nothing in this Deed is intended to compel a specific use of the
Property, such as agriculture, other than the preservation and protection of the Conservation
Values.
2. Baseline Documentation Report. The Parties acknowledge that a written report will be
prepared by ____________________ to be reviewed and approved by the Parties, which will
document the Property’s condition as of the Effective Date (the “Baseline Report”). The Baseline
Report shall contain a natural resources inventory of the Property at the time of the Baseline
Report and also document existing improvements on and current uses of the Property. A copy of
the Baseline Report shall be kept on file with each Party and by this reference shall be made part
of this Deed. The Parties acknowledge that the Baseline Report is intended to establish and
accurately represent the condition of the Property as of the Effective Date. The Parties will use
the Baseline Report to ensure that any future changes to the Property are consistent with the
Purpose. However, the Parties agree that the existence of the Baseline Report shall in no way
Page 311
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
limit the Parties’ ability to use other pertinent information in resolving any controversy that may
arise with respect to the condition of the Property as of the Effective Date.
3. Rights of Grantee. To accomplish the Purpose, in addition to the rights of the Grantee
described in C.R.S. § 38-30.5-101 et seq., and the rights of Grantee described elsewhere in this
Deed, this Deed conveys the following rights to Grantee:
a. To preserve and protect the Conservation Values in perpetuity;
b. To enter upon the Property at reasonable times to monitor Grantor’s compliance
with and, if necessary, to enforce the terms of this Deed. Such entry shall be made upon prior
reasonable notice to Grantor, except in the event Grantee reasonably determines that immediate
entry upon the Property is necessary to prevent or mitigate a violation of this Deed. Such entry
shall be conducted without damage to natural resources and may involve reasonable vehicle
access restrictions imposed by Grantor. In the case where Grantee has determined that
immediate entry is necessary, a reasonable attempt will be made to notify Grantor prior to such
entry. Grantee shall not unreasonably interfere with Grantor’s use and quiet enjoyment of the
Property when exercising any such rights;
c. To prevent any activity on or use of the Property that is inconsistent with the
Purpose or the express terms of this Deed and to require the restoration of such areas or features
of the Property that may be damaged by any inconsistent use; and
d. To require Grantor to consult with Grantee regarding the negotiations of any and
all agreements between Grantor and third parties that may include activities inconsistent with the
purpose of the Easement, such as, but not limited to, easement agreements, utility easements,
right of way agreements, surface use agreements, and lease agreements (other than those
specifically related to the agricultural and recreational operations of the Property), and to have
the right to approve any such agreement prior to such agreement being executed, Grantee shall
grant or withhold its approval in writing within sixty (60) days of receipt of Grantor’s written request
and sufficient supporting details as described above, or explain to Grantor why Grantee
reasonably requires no more than an additional thirty (30) days to reach a decision. Nothing in
this Deed is intended to require Grantee to approve any action or agreement that is inconsistent
with the terms of this Deed.
4. Reserved Rights. Subject to the terms of the Deed, Grantor reserves to Grantor, and to
Grantor’s personal representatives, successors, and assigns, all rights accruing from Grantor’s
ownership of the Property, including (i) the right to engage in or permit or invite others to engage
in all uses of the Property that are expressly permitted by this Deed, subject to any limitations or
restrictions stated in this Deed, and those uses of the Property that do not materially adversely
affect the Conservation Values; and (ii) to retain the economic viability of the Property and retain
income derived from the Property from all sources, unless otherwise provided in this Deed, that
are consistent with the terms of this Deed. Grantor may not, however, exercise these retained
rights in a manner that is expressly prohibited by this Deed or that materially adversely affects the
Conservation Values. Without limiting the generality of the foregoing, Grantor reserves the
specific rights set forth below.
a. Right to Convey. Grantor may sell, give, lease, devise, mortgage, or otherwise
encumber or convey the Property, subject to the following: (i) any lease, deed, or other
conveyance or encumbrance is subject to this Deed, and any such document shall specifically
incorporate the terms and conditions of this Deed by reference to this Deed; (ii) any lease or deed
or other conveyance document shall specifically state which reserved rights have been exercised,
if at all, and which reserved rights are specifically allocated to the new owner or lessee; and (iii)
Page 312
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
notice of any proposed conveyance or encumbrance as set forth in this Section 4.a shall be
subject to the provisions of Section 19 of this Deed.
b. Land Stewardship. To accomplish the preservation and protection of the
Conservation Values in perpetuity, Grantor shall operate, manage, and maintain the Property in
a manner that promotes the continued viability of the natural resources on the Property while
maintaining any permissible productive uses of the Property, subject to the provisions of Section
6 of this Deed. Specifically, Grantor agrees to conduct the activities listed below in a manner
consistent with the Purpose. Notwithstanding the foregoing, Grantor and Grantee recognize that
changes in economic conditions, in agricultural technologies, in accepted farm, ranch and forest
management practices, in the natural progression of ecosystems, and in the situation of Grantor
may result in an evolution of agricultural, silvicultural, and other uses of the Property, and such
uses are permitted if they are consistent with the Purpose.
(1) Habitat Management. Grantor may conduct any activities to create,
maintain, restore, or enhance wildlife habitat and native biological communities on the
Property, provided that such activities do not have more than a limited, short-term adverse
effect on the Conservation Values.
(i) Weed/Pest Management. Management of land to control erosion,
growth of weeds and brush, rodents, pests, insects and pathogens, fire danger
and other threats is permitted consistent with applicable laws and regulations and
in keeping with maintenance of the Conservation Values of the Property, and in
accordance with the Land Management Plan described in Section 6 below. The
Grantor agrees to manage noxious weeds in accordance with the requirements of
Larimer County, the State of Colorado and other applicable agencies.
(ii) Maintenance/Restoration. Maintenance, stabilization,
replacement, realignment, rebuilding, or restoration of existing croplands, springs,
ditches and pastureland, are permitted. Wetland pond, riparian, and grassland
restoration and creation are permitted if and to the extent consistent with the
Purpose and the terms of this Deed.
(iii) Prescribed Fire. Igniting outdoor prescribed fires for agricultural or
ecological purposes shall be allowed on the Property, provided that such activity
is conducted in accordance with accepted prescribed burn practices, all applicable
laws or regulations, and the Land Management Plan described in Section 6 below.
(iv) Wildlife Management. In coordination with Colorado Parks and
Wildlife, management of wildlife including hunting and native species
reintroductions shall be allowed on the Property.
(2) Agriculture. Grantor reserves the right to use the Property for grazing
livestock. Grantor shall conduct all agricultural activities using stewardship and management
methods that preserve the natural resources on the property. Long-term stewardship and
management goals include preserving soil productivity, maintaining natural stream channels,
preventing soil erosion, minimizing and controlling invasive species, avoiding unsustainable
livestock grazing practices, and minimizing loss of native vegetation. Non -native hay production
is limited to areas historically used for such production. A map of non-native historic hayed areas
can be found in the Baseline Report. Sodbusting, the removal of native vegetation for purposes
of establishing additional croplands, is expressly prohibited.
(i) Grazing. Livestock grazing is permitted in accordance with sound
stewardship and management practices, and shall be managed so that the overall Page 313
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
condition of the Property is preserved at no less than its baseline condition and in
no event in less than “fair” condition (as defined by the most current applicable
U.S. Department of Agriculture - Natural Resources Conservation Service (NRCS)
Technical Guide) and managed to improve the ecological health of the property,
as outlined in the Land Management Plan. For the purposes of this Deed
“livestock” shall mean cattle, sheep, goats, llamas, alpaca, yaks, and bison. The
raising of other livestock and/or game animals shall not be permitted unless
specifically approved by the Grantee and described in the Land Management Plan.
The Grantor shall comply with and have responsibility for compliance of the
Property with the Colorado Noxious Weed Act and any other governmental
noxious weed control regulations.
(3) Timber Management. Trees may be cut to control insects and disease, to
control invasive non-native species, to prevent personal injury and property damage, to promote
forest health, and for fire mitigation purposes including limited and localized tree and vegetation
thinning and the creation of defensible space for permitted improvements. Dead trees may also
be cut for firewood and other uses on the Property. Any large-scale fire mitigation activities or
timber harvesting on the Property shall be conducted on a sustainable yield basis and in
substantial accordance with a forest management plan prepared by Grantor or on Grantor’s behalf
by a professional forester. Any large-scale fire mitigation activities or timber harvesting shall be
conducted in a manner that is consistent with the Purpose. A copy of the forest management plan
shall be approved by Grantee prior to any large-scale fire mitigation activities or timber harvesting.
c. Recreational Activities. Grantor reserves the right to provide non-motorized
passive recreational activities, such as horseback riding, mountain biking, hiking, cross-country
skiing, snowshoeing, and other similar on-trail, low-impact recreational uses, and to make the
Property available to the public for such uses. Limited off-trail access is allowed for pedestrian
uses and non-vehicular activities, including hiking, photography, seed collection, vegetation and
wildlife studies, and wildlife viewing. Additionally, Grantor reserves the right to allow motorized
recreational activities for persons with a disability under the Americans with Disabilities Act (ADA).
Fishing and hunting are also permitted, so long as they are undertaken in compliance with
applicable state and federal laws and regulations and pursued in a manner that is consistent with the
Purpose. All Recreational Activities listed in this section will be in accordance with the Land
Management Plan, referenced in Section 12 of this Deed. Recreational trail activities for public
use in the future are permitted in accordance with Section 4.e(2) of this Deed.
d. Residential and Non-Residential Improvements. Improvements existing as of the
Effective Date are permitted, and Grantor may maintain, repair and replace such improvements
in their current locations without Grantee’s approval. Grantor reserves the right to construct or
place Residential Improvements and Non-Residential Improvements, as defined below, subject
to Sections 4.d(1), 4.d(2), 4.d(3) and 4.d(4) below, with prior written approval of Grantee, and
Grantor shall provide prior notice of such construction to Grantee in accordance with Section 7
of this Deed. Grantor reserves the right to construct Minor Non-Residential Improvements, as
defined below, without Grantee’s approval. Once constructed, Grantor may maintain, repair and
replace such new improvements in their initially constructed locations without Grantee’s approval.
“Residential Improvements” shall mean covered improvements containing habitable space
intended for full or part-time human habitation, including homes, cabins, guest houses,
mobile homes, yurts, tepees, and any space attached to any such improvement such as a
garage or covered porch.
“Non-Residential Improvements” shall mean all other covered or uncovered agricultural
and non-residential improvements that are not intended for human habitation, including
Page 314
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
barns, hay storage areas, machine shops, sheds, free-standing garages, well houses,
outhouses, gazebos, picnic areas, pools, outdoor kitchens, indoor and outdoor riding arenas,
wildlife viewing platforms, shade structures, parking areas and trailhead areas (including
vault toilets, shelters and trailhead kiosks).
“Minor Non-Residential Improvements” shall mean minor agricultural or non-residential
improvements including fences (subject to the terms of Section 4.f of this Deed), corrals,
hayracks, cisterns, stock tanks, stock ponds, troughs, fenced haystacks, livestock feeding
stations, hunting blinds, sprinklers, water lines, water wells, ditches, diversion structures,
bridges, information kiosks, trail markers and trash receptacles and benches.
In no case shall any Improvements be built on the Property within three hundred (300) feet of any
naturally occurring stream surface spring water, or wetland, as identified in the Baseline Report or
as may subsequently develop or be determined to exist on the Property, with the following
exceptions: Water Facilities. Maintenance, development and construction of water facilities such
as water wells, livestock watering wells, windmills, springs, water storage tanks, hydrants,
pumps, water conveyance structures, and access bridges and or similar minor agricultural
infrastructure that are solely for use on the Property in conjunction with those activities on the
Property permitted by this Easement, including providing drinking water for users and livestock
on the Property, for use by the Grantor, Grantor's lessees and/or invitees, are permitted. Any
Improvements pursuant to this paragraph shall be sited and constructed or placed so as not to
substantially diminish or impair the Conservation Values of the Property and may be considered
exempt form the setback requirement described in Section 4d. The Grantor shall report and
describe development, construction, or modifications to water facilities on the Property as part of
the Land Management Plan. All development and construction must comply with local, state, and
federal requirements.
(1) Reserved Building Envelopes. Grantor may designate ______ building
envelope(s) (the “Reserved Building Envelope”) of no more than ______ total acres.
(i) Reserved Building Envelope #1 will be for the purposes of XXXX.
Prior to the construction or placement of any improvements, Grantor shall inform
Grantee in writing of Grantor’s choice of location for the Reserved Building
Envelope. Grantor shall, at its expense, describe and depict the boundaries of both
the Reserved Building Envelope using a survey and provide a copy of such
description to Grantee. Grantor and Grantee shall execute and record a
supplement to this Deed that describes and depicts the exact boundaries of the
Reserved Building Envelope.
(2) Outside of the Building Envelope. No construction or placement of
Residential Improvements is allowed outside any Building Envelope. Following Grantor’s
notice to Grantee pursuant to Section 7 of this Deed and confirmation that all construction
and placement will meet the following limitations, Grantor may construct or place Non-
Residential Improvements and Minor Non-Residential Improvements in the portion of the
Property outside of the Building Envelopes subject to the following limitations:
(i) Grantor may maintain, repair, or remove Non-Residential
Improvements existing as of the Effective Date of this Deed and documented in the
Baseline Documentation Report in their current locations without Grantee’s approval.
(ii) Subject to the terms outlined below, Grantor may construct new Non-
Residential Improvements with the prior written approval of Grantee, and shall Page 315
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
provide notice of such construction to Grantee in accordance with Section 7 of this
Deed.
a. The maximum number of new Non-Residential Improvements
shall not exceed __________ ( ).
b. The maximum Footprint for each structure shall not exceed _____
square feet.
c. The maximum height of each structure shall not exceed twenty
(20) feet.
d. Once constructed, Grantor may maintain, repair and replace such
new improvements in their initially constructed locations without
Grantee’s approval.
(iii) Grantor reserves the right to maintain, construct or place Minor Non-
Residential Improvements, as defined above, without Grantee’s
approval.
(3) Definition of Footprint. For the purposes of this Deed, “Footprint” is
defined as the total ground area occupied by a Residential Improvement or Non-
Residential Improvement, calculated on the basis of exterior dimensions (whether at or
above ground level) including carports or breezeways, but does not include eaves,
uncovered decks or patios.
(4) Measurement of Height. For the purposes of this Deed, “Height” is defined
as the vertical distance from the low point of the grade at the structure perimeter to the
high point of the structure. For the purposes of this Deed, “Grade at the structure
perimeter” means either the natural grade or the finished grade, whichever is lower in
elevation.
e. Roads and Trails. Maintenance of existing Roads and Trails is permitted. “Roads”
shall mean any road that is graded, improved or maintained, including seasonal unimproved roads
and two-track roads. “Trails” shall mean any unimproved or improved path, or paved or unpaved
trail constructed or established by human use, but shall not include game trails established and
used by wildlife only.
(1) Grantor shall not construct or establish any Road that substantially impacts
the conservation values nor that is wider than necessary to provide access for all permitted uses or
to meet local codes for width of access to improvements permitted by this Deed. Grantor shall not
pave or otherwise surface a Road with any impervious surface, except as may be required by local,
state, or federal regulations to accommodate access to the Property or to meet ADA standards, as
outlined in the Land Management Plan.
(2) Trails. Grantor may construct Trails for public recreation of such number, type
and nature as are normally associated with a natural area that is opened to the public for limited use.
The Grantor will work with the Grantee on the location of any potential future Trail alignments by
providing notice and accepting input on the extent and location of such Trails.
f. Fences. Existing fences may be maintained, repaired, and replaced, and new fences
may be built anywhere on the Property. The location and design of any new fencing shall facilitate
and be compatible with the movement of wildlife across the Property and otherwise consistent with
the Purpose.
Page 316
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
g. Utility Improvements. Unless otherwise permitted in an instrument recorded as of the
Effective Date or approved by Grantee after notice to Grantee in accordance with Section 7 of this
Deed, new Utility Improvements shall not be established on the Property, unless establishment is to
provide onsite service. Existing energy generation or transmission infrastructure and other existing
utility improvements, if any, may be repaired or replaced with an improvement of similar size and
type at their current locations on the Property without further permission from Grantee. Utility
improvements include : (i) natural gas distribution pipelines, electric power poles, transformers,
and lines; (ii) telephone and communications towers, poles, and lines; (iii) septic systems; (iv)
water wells, domestic water storage and delivery systems; and (v) renewable energy generation
systems including wind, solar, geothermal, or hydroelectric for use on the Property (“Utility
Improvements”). Utility Improvements may be enlarged or constructed on the Property, subject to
the restrictions below and provided that they are consistent with the Purpose. No commercial or
large -scale utility improvements are allowed.
(1) Additional Requirements. Prior to the enlargement or construction of any
Utility Improvements on the Property, Grantor shall provide notice to Grantee in accordance with
Section 7 of this Deed. Following the repair, replacement, enlargement or construction of any
Utility Improvements, Grantor shall promptly restore any disturbed area to a condition consistent
with the Purpose.
(2) Alternative Energy.
(i) Wind, solar, and hydroelectric generation facilities that are for the
generation of energy for use on the Property in conjunction with those activities permitted by this
Deed (collectively “Alternative Energy Generation Facilities”) may be constructed in a ccordance
with this Section 4.g(2). Notwithstanding the foregoing, no approval of Grantee shall be required
if the Alternative Energy Generation Facilities permitted by this Section 4.g(2) are installed in
conjunction with the operation of an agricultural improvement as described in Section 4.d above.
Any other Alternative Energy Generation Facilities may only be constructed with the prior written
approval of Grantee in Grantee’s sole discretion. Without limiting Grantee’s right to withhold such
approval in its sole discretion, factors that Grantee may consider in determining whether to grant
such approval shall include (a) whether the installation and siting would substantially diminish or
impair the Conservation Values, (b) the physical impact of the proposed facility on the
Conservation Values, (c) the feasibility of less impactful alternatives, and (d) such other factors
as Grantee may determine are relevant to the decision. The construction of Alternative Energy
Generation Facilities that are not for use in conjunction with those activities permitted by this Deed
are prohibited anywhere on the Property. Nothing in this Section 4.g(2) shall be construed as
permitting the construction or establishment of a wind farm or commercial solar energy production
facility.
(ii) Any energy generated by Alternative Energy Generation Facilities
constructed in accordance with this Section 4.g(2) that is incidentally in excess of Grantor’s
consumption may be sold, conveyed, or credited to a provider of retail electric service to the extent
permitted by Colorado law.
(iii) In the event of technological changes or legal changes that make
“expanded” Alternative Energy Generation Facilities more compatible with I.R.C. Section 170(h)
or any applicable successor law, Grantee in its sole discretion may approve expanded Alternative
Energy Generation Facilities that would not substantially diminish or impair the Conservation
Values. For the purposes of this Section 4.g(2)(iii), the term “expanded” shall mean the
development of Alternative Energy Generation Facilities to an extent that is greater than the level
permitted by Sections 4.g(2)(i) and 4.g(2)(ii).
Page 317
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
5. Prohibited and Restricted Uses. Any activity on or use of the Property inconsistent with
the Purpose is prohibited. Without limiting the generality of the foregoing, the following activities
and uses are expressly prohibited or restricted as set forth below:
a. Development Rights. To fulfill the Purpose, Grantor conveys to Grantee all
development rights, except those expressly reserved by Grantor in this Deed, deriving from,
based upon or attributable to the Property in any way, including all present and future rights to
divide the Property for the purpose of development into residential, commercial or industrial lots
or units or to receive density or development credits for the same for use off of the Property
(“Grantee’s Development Rights”). The Parties agree that Grantee’s Development Rights shall
be held by Grantee in perpetuity in order to fulfill the Purpose, and to ensure that such rights are
forever released, terminated and extinguished as to Grantor, and may not be used on or
transferred off of the Property to any other property or used for the purpose of calculating density
credits or permissible lot yield of the Property or any other property.
b. Residential, Non-Residential and Minor Non-Residential Improvements. Grantor
shall not construct or place any Residential Improvements, Non-Residential Improvements or
Minor Non-Residential Improvements on the Property except in accordance with Section 4.d of
this Deed.
c. Recreational and Commercial Improvements. Grantor shall not construct or place
any new recreational improvement on the Property, including athletic fields, golf courses or
ranges, racetracks, airstrips, helicopter pads, or shooting ranges, except as described in Section
4 of this Deed. Grantor shall not construct or place any new commercial improvement on the
Property.
d. Subdivision. Division or subdivision of the Property, physically or by legal process,
including partition, is strictly prohibited.
e. Removal of Vegetation and Timber Harvesting. Except as otherwise set forth in
this Deed, or outlined in the Land Management Plan, Grantor shall not remove any vegetation,
including shrubs and trees, or harvest any timber from the Property except in accordance with
Section 4.b(2) and Section 4.b(3). Sodbusting or removal of native vegetation for purposes of
establishing additional croplands, is expressly prohibited.
f. Mineral and Hydrocarbon Extraction. As of the Effective Date, Grantor does not
own all of the coal, oil, gas, hydrocarbons, sand, soil, gravel, rock and other minerals of any kind
of description (the “Minerals”) located on, under, or in the Property or otherwise associated with
the Property. This Deed expressly prohibits the mining or extraction of Minerals using any surface
mining method. Grantor may permit subsurface access to Minerals from locations off the
Property, provided that Grantor shall not permit such subsurface access to disturb the subjacent
and lateral support of the Property or to materially adversely affect the Conservation Values.
Notwithstanding the foregoing, Grantor and Grantee may permit mineral extraction utilizing
methods other than surface mining if the method of extraction has a limited, localized impact on
the Property that is not irremediably destructive of the Conservation Values. However, Grantor
and Grantee agree that the following provisions shall apply to any proposed mineral extraction by
Grantor or any third party, as applicable:
(1) Soil, Sand, Gravel and Rock. Grantor may extract soil, sand, gravel or rock
without further permission from Grantee so long as such extraction: (i) is solely for use on the
Property for non-commercial purposes; (ii) is in conjunction with activities permitted in this Deed,
such as graveling roads and creating stock ponds; (iii) is accomplished in a manner consistent
Page 318
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
with the preservation and protection of the Conservation Values; (iv) does not involve disturbing
by such extraction more than one half-acre of the Property at one time, and uses methods of
mining that may have a limited and localized impact on the Property but are not irremediably
destructive of the Conservation Values; and (v) is reclaimed within a reasonable time by refilling
or some other reasonable reclamation method for all areas disturbed. This provision shall be
interpreted in a manner consistent with I.R.C. § 170(h), as amended, and the Treasury
Regulations adopted pursuant thereto.
(2) Oil and Gas. Grantor, or a third party permitted by Grantor, may explore for
and extract oil and gas owned in full or in part by Grantor, provided Grantor ensures that such
activities are conducted in a manner that does not constitute surface mining and complies with
the following conditions:
(i) The exploration for or extraction of oil, gas and other hydrocarbons
is conducted in accordance with a plan (the “Oil and Gas Plan”), prepared at Grantor’s expense
and approved in advance by Grantee. The Oil and Gas Plan shall describe: (a) the specific
activities proposed; (b) the specific land area to be used for well pad(s), parking, staging, drilling,
and any other activities necessary for the extraction of oil and gas, and the extent of the
disturbance of such land area before and after reclamation; (c) the location of facilities, equipment,
roadways, pipelines and any other infrastructure to be located on the Property; (d) the method of
transport of oil or gas produced from the Property; (e) the method of disposal of water, mining
byproducts and hazardous chemicals produced by or used in the exploration and development of
the oil or gas; (f) the proposed operation restrictions to minimize impacts on the Conservation
Values, including noise and dust mitigation and any timing restrictions necessary to minimize
impacts to wildlife; (g) the reclamation measures necessary to minimize disturbance to and
reclaim the surface of the Property, including restoring soils to the original contours and replanting
and re-establishing native vegetation using specific seed mixes and processes to ensure
successful re-vegetation of the Property, including and in addition to those measures required by
law; and (h) remedies for damages to the Conservation Values.
(ii) No tank batteries, refineries, secondary production facilities,
compressors, gas processing plants, or other similar facilities may be located on the Property.
(iii) Areas of surface disturbance shall be mitigated promptly in
accordance with the Oil and Gas Plan.
(iv) Travel for the purpose of oil or gas development shall be restricted
to existing roads or to new roads approved in advance in writing by Grantee as part of the Oil and
Gas Plan.
(v) Well facilities and pipelines shall either be placed underground or
screened or concealed from view by the use of existing topography, existing native vegetation,
newly planted but native vegetation, and/or use of natural tone coloring. Pipelines shall be located
along or under existing roadways to the maximum extent possible.
(vi) Drilling equipment may be located above ground without
concealment or screening, provided that such equipment shall be promptly removed after drilling
is completed.
(vii) Any soil or water contamination due to the exploration for or
extraction of oil or gas must be promptly remediated at the expense of Grantor.
Page 319
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
(viii) Any water, mining byproducts or hazardous chemicals produced by
or used in the exploration and development of the oil or gas shall not be stored or disposed of on
the Property.
(ix) Flaring to enhance oil production is prohibited; flaring for
emergencies or operational necessity is permitted.
(x) Grantee shall be released, indemnified and held harmless by the oil
and gas operator from any liabilities, damages, or expenses resulting from any claims, demands,
costs or judgments arising out of the exercise of any rights by Grantor, any lessees or other third
parties relating to the exploration for or extraction of oil, gas or hydrocarbons.
(3) Third-Party Mineral Extraction. If a third party owns all, or controls some,
of the Minerals, and proposes to extract Minerals from the Property, Grantor shall immediately
notify Grantee in writing of any proposal or contact from a third party to explore for or develop the
Minerals on the Property. Grantor shall not enter into any lease, surface use agreement, no-
surface occupancy agreement, or any other instrument related to Minerals associated with the
Property (each, a “Mineral Document”), with a third party subsequent to the Effective Date
without providing a copy of the same to Grantee prior to its execution by Grantor for Grantee’s
review and approval. Any Mineral Document shall require that Grantor provide notice to Grantee
whenever notice is given to Grantor, require the consent of Grantee for any activity not specifically
authorized by the instrument, and give Grantee the right, but not the obligation, to object, appeal
and intervene in any action in which Grantor has such rights. Any Mineral Document must either
(i) prohibit any access to the surface of the Property or (ii) must (a) limit the area(s) of disturbance
to a specified area(s); (b) contain provisions that ensure that the proposed activities have a limited,
localized impact on the Property that is not irremediably destructive of the Conservation Values;
and (c) contain a full description of the activities proposed, a description of the extent of
disturbance, the location of facilities, equipment, roadways, pipelines and any other infrastructure,
the proposed operation restrictions to minimize impacts on the Conservation Values, reclamation
measures including and in addition to those required by law, and remedies for damages to the
Conservation Values. Any Mineral Document that only permits subsurface access to Minerals but
prohibits any access to the surface of the Property shall also prohibit any disturbance to the
subjacent and lateral support of the Property, and shall not allow any use that would materially
adversely affect the Conservation Values.
(4) This Section 5.f shall be interpreted in a manner consistent with I.R.C. §
170(h) and the Treasury Regulations adopted pursuant thereto.
g. Trash. The dumping or accumulation of any kind of trash or refuse on the Property,
including household trash and hazardous chemicals, is prohibited. Limited dumping or
accumulation of other farm-related trash and refuse produced on the Property is permitted,
provided that such dumping does not substantially diminish or impair the Conservation Values
and is confined within a total area less than one-quarter acre at any given time. This Section 5.g
shall not be interpreted to prevent the storage of agricultural products and by-products on the
Property in accordance with all applicable government laws and regulations.
h. Water. Water features on the Property, as of the Effective Date, are depicted and
described in the Baseline Report. Parties agree any water uses and rights, do not significantly
contribute to the Conservation Values of the Property. Water Infrastructure is allowed to be
constructed, repaired, replaced, and maintained as described in Section 4d.
Page 320
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
i. Motorized Vehicles. Motorized vehicles may be used only in conjunction with
activities permitted by this Deed and in a manner that is consistent with the Purpose. Off -road
vehicle courses for snowmobiles, all-terrain vehicles, motorcycles, or other motorized vehicles
are prohibited.
j. Commercial or Industrial Activity.
(1) No industrial uses shall be allowed on the Property. Commercial uses are
allowed, as long as they are conducted in a manner that is consistent with I.R.C. § 170(h) and the
Purpose. Without limiting other potential commercial uses that meet the foregoing criteria, the
following uses are allowed:
(i) Grazing livestock, as defined in Section 4b.(2) above.
(ii) Haying;
(iii) Hunting and fishing;
(iv) Additional Commercial uses permitted in City of Fort Collins Natural
Areas such as photography, seed collection, filming and guided programs (including hikes, bike
rides, horseback rides and environmental or cultural education programs).
(2) The foregoing descriptions of allowed commercial uses notwithstanding,
commercial feed lots and other intensive growth livestock farms, such as dairy, swine, or poultry
farms, are inconsistent with the Purpose and are prohibited. For purposes of this Deed,
"commercial feed lot" is defined as a permanently constructed confined area or facility within
which the Property is not grazed or cropped annually, and which is used and maintained for
purposes of engaging in the commercial business of the reception and feeding of livestock.
k. Signage or Billboards. No commercial signs, billboards, awnings, or
advertisements shall be displayed or placed on the Property, except for appropriate and
customary ranch or pasture identification signs, building identification signs for the Event Center
in Building Envelope “A”, signs identifying the Property as an open space area and related
informational, directional and other signage of a number, nature and type typical of other City of
Fort Collins Natural Areas, “for sale” or “for lease” signs alerting the public to the availability of the
Property for purchase or lease, “no trespassing” signs, signs regarding the private leasing of the
Property for hunting, fishing, or other low-impact recreational uses, and signs informing the public
of the status of ownership. Any such signs shall be located and designed in a manner consistent
with the Purpose.
6. Land Management / Management Plan.
Grantor and Grantee acknowledge that the preservation and protection of the Conservation
Values as contemplated under this Deed requires careful and thoughtful stewardship of the
Property. Between Management Plan updates, adaptive management tactics based on best
practices in natural resource management may be identified and carried out, as long as they are
consistent with upholding the Conservation Values of the Property. In the event Grantee believes
at any time that the resource management practices used on the Property are not consistent with
the Purpose, Grantor and Grantee shall jointly prepare an update to the ___________ Natural
Area Management Plan (“Land Management Plan”) detailing requirements for the preservation
and protection of the Conservation Values regarding of the Property: agricultural, timber, mining,
water, wildlife, weed control or other management practices that Grantee has identified as being
at issue. Grantor shall comply with the requirements established in the Land Management Plan .
Page 321
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
The Parties will cooperate in an effort to update the Management Plan if either Party determines
an update is necessary.
7. Grantor Notice and Grantee Approval. The purpose of requiring Grantor to notify Grantee
prior to undertaking certain permitted activities is to afford Grantee an opportunity to ensure that
the activities in question are designed and carried out in a manner consistent with the Purpose.
Whenever notice is required, Grantor shall notify Grantee in writing no less than thirty (30) days
prior to the date Grantor intends to undertake the activity in question. The notice shall describe
the nature, scope, design, location, timetable, and any other material aspect of the proposed
activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency
with the Purpose. Where Grantee's approval is required, Grantor shall not undertake the
requested activity until Grantor has received Grantee’s approval in writing. Grantee shall grant or
withhold its approval in writing within twenty-one (21) days of receipt of Grantor’s written request
and sufficient supporting details as described above. Grantee's approval may be withheld only
upon Grantee’s reasonable determination that the activity as proposed is not consistent with the
Purpose or the express terms of this Deed, unless this Deed provides that approval for a particular
request may be withheld in the sole discretion of the Grantee.
8. Enforcement. If Grantee finds what it believes is a violation of this Deed, Grantee shall
immediately notify Grantor in writing of the nature of the alleged violation. Upon receipt of this
written notice, Grantor shall either:
a. Restore the Property to its condition prior to the violation; or
b. Provide a written explanation to Grantee of the reason why the alleged violation
should be permitted, in which event the Parties agree to meet as soon as practicable to resolve
their differences. If a resolution cannot be achieved at the meeting, the Parties may meet with a
mutually acceptable mediator to attempt to resolve the dispute. Grantor shall discontinue any
activity that could increase or expand the alleged violation during the mediation process. If Grantor
refuses to undertake mediation in a timely manner or should mediation fail to resolve the dispute,
Grantee may, at its discretion, take appropriate legal action. Notwithstanding the foregoing, when
Grantee, in its sole discretion, determines there is an ongoing or imminent violation that could
irreversibly diminish or impair the Conservation Values, Grantee may, at its sole discretion, take
appropriate legal action without pursuing mediation, including seeking an injunction to stop the
alleged violation temporarily or permanently or to require the Grantor to restore the Property to its
prior condition.
9. Costs of Enforcement. Grantor shall pay any costs incurred by Grantee in enforcing the
terms of this Deed against Grantor, including without limitation costs and expenses of suit,
attorney fees and any costs of restoration necessitated by Grantor’s violation of the terms of this
Deed. If the deciding body determines that Grantor has prevailed in any such legal action, then
each Party shall pay its own costs and attorney fees. However, if the deciding body determines
that Grantee’s legal action was frivolous or groundless, Grantee shall pay Grantor’s costs and
attorney fees in defending the legal action.
10. No Waiver or Estoppel. If the Grantee does not exercise, or delays the exercise of, its
rights under this Deed in the event of a violation of any term, such inaction or delay shall not be
deemed or construed to be a waiver by Grantee of such term or of any subsequent violation of
the same or any other term of this Deed or of any of Grantee's rights under this Deed. Grantor
waives any defense of laches, estoppel, or prescription, including the one-year statute of
limitations for commencing an action to enforce the terms of a building restriction or to compel the
removal of any building or improvement because of the violation of the same under C.R.S. § 38-
41-119, et seq.
Page 322
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
11. Acts Beyond Grantor’s Control. Nothing contained in this Deed shall be construed to entitle
Grantee to bring any action against Grantor for any injury to or change in the Property resulting
from causes beyond Grantor’s control, including without limitation fire, flood, storm, natural
ecosystem progression, and earth movement, or from any prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from
such causes. Notwithstanding the foregoing, Grantor shall be responsible for preventing activities
by third parties on or affecting the Property that may violate the terms of this Deed.
12. Access. The general public shall have access to the Property, in Grantor’s discretion,
subject to any regulations by Grantor necessary and appropriate to protect public health and
safety, and subject to the requirements of this Deed.
13. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including weed control and eradication and maintaining adequate comprehensive
general liability insurance coverage. Grantor shall keep the Property free of any liens arising out
of any work performed for, materials furnished to, or obligations incurred by Grantor.
14. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of
whatever description levied on or assessed against the Property by competent authority
(collectively “Taxes”), including any Taxes imposed upon, or incurred as a result of, this Deed,
and shall furnish Grantee with satisfactory evidence of payment upon request.
15. Liability. Grantor and Grantee are each responsible for their own wrongful or negligent
acts and omissions and those of their respective officers and employees. Anything else in this
Deed to the contrary notwithstanding, no term or condition of this Deed shall be construed or
interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or
protection provided to Grantor and Grantee under the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended or as may be amended in the future (including, without
limitation, any amendments to such statute, or under any similar statute which is subsequently
enacted), subject to any applicable provisions of the Colorado Constitution and applicable laws.
Without limiting the foregoing, nothing in this Deed shall be construed as giving rise to any right
or ability in Grantee, nor shall Grantee have any right or ability, to exercise physical or managerial
control over the day-to-day operations of the Property, or otherwise to become an operator with
respect to the Property within the meaning of The Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, or any similar law or regulation.
16. Real Property Interest. This Deed constitutes a real property interest immediately vested
in Grantee, the value of which has not been determined as of the Effective Date. Should the Deed
be taken for the public use or otherwise terminated according to Section 17 below, Grantee shall
be entitled to compensation for its interest, which shall be determined by a qualified appraisal that
establishes the ratio of the value of the Deed interest to the value of the fee simple interest in the
Property, expressed as a percentage, as of the date of the taking or termination (the “Easement
Value Percentage”). The Easement Value Percentage shall be used to determine Grantee’s
compensation according to the following Section 17.
17. Condemnation or Other Extinguishment. If this Deed is taken, in whole or in part, by
exercise of the power of eminent domain (“Condemnation”), or if circumstances arise in the future
that render the Purpose impossible to accomplish, this Deed can only be terminated for this
reason, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction.
Each Party shall promptly notify the other Party in writing when it first learns of such
circumstances. Grantee shall be entitled to full compensation for its interest in any portion of this
Deed that is terminated as a result of Condemnation or other proceedings. Grantee’s proceeds Page 323
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
shall be an amount at least equal to the Easement Value Percentage multiplied by the value of
the unencumbered fee simple interest (excluding the value of any improvements) in the portion
of the Property that will no longer be encumbered by this Deed as a result of Condemnation or
termination. Grantor shall not voluntarily accept proceeds equal to less than the full fair market
value of the affected Property unrestricted by this Deed as determined by an appraisal or through
a valuation hearing in an eminent domain proceeding without the approval of Grantee. Grantee
shall use its proceeds in a manner consistent with the conservation purposes of this Deed.
Grantee's remedies described in this Section 17 shall be cumulative and shall be in addition to
any and all remedies now or hereafter existing at law or in equity, including the right to recover
any damages for loss of Conservation Values as described in C.R.S. § 38-30.5-108.
18. Assignment.
a. This Deed is transferable, but Grantee may assign its rights and obligations under
this Deed only to an organization that:
(1) is a qualified organization at the time of transfer under I.R.C. § 170(h) as
amended (or any successor provision then applicable) and the applicable regulations
promulgated thereunder;
(2) is authorized to acquire and hold conservation easements under Colorado
law;
(3) agrees in writing to assume the responsibilities imposed on Grantee by this
Deed.
19. Subsequent Transfers. Grantor shall incorporate by reference the terms and conditions of
this Deed in any deed or other legal instrument by which it divests itself of any interest in all or a
portion of the Property. Grantor further agrees to give written notice to Grantee of the transfer of
any interest at least 45 days prior to the date of such transfer. The failure of Grantor to perform
any act required by this Section 19 shall not impair the validity of this Deed or limit its
enforceability in any way.
20. Notices. Any notice, demand, request, consent, approval, or communication that either
Party is required to give to the other in writing shall be either served personally or delivered by (a)
certified mail, with return receipt requested; or (b) a commercial delivery service that provi des
proof of delivery, addressed as follows:
To Grantor:
City of Fort Collins
Natural Areas Director
Natural Areas Department
P.O. Box 580
Fort Collins, CO 80522
To Grantee:
or to such other address as either Party from time to time shall designate by written notice to the Page 324
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
other.
21. Grantor’s Title Warranty. Grantor warrants that Grantor has good and sufficient title to the
Property and Grantor has access to the Property for the purposes granted or permitted to Grantee
in this Deed, and Grantor promises to defend the same against all claims whatsoever.
22. Subsequent Liens on the Property. No provisions of this Deed shall be construed as
impairing the ability of Grantor to use this Property as collateral for subsequent borrowing,
provided that any deed of trust, mortgage or lien arising from such a borrowing shall be
subordinate to this Deed for all purposes so that any such instrument expressly shall be deemed
to have been recorded after this Deed and so that any foreclosure of such deed of trust, mortgage
or lien shall not affect any provision of this Deed, including without limitation its perpetual nature,
the payment of proceeds as described in Section 17 above, and the limitation of Section 5.d.
23. Recording. Grantee shall record this Deed in a timely fashion in the official records of
Larimer County in which the Property is situated, and may re-record it at any time as may be
required to preserve its rights in this Deed.
24. Environmental Attributes. Unless otherwise provided in this Deed, Grantor reserves all
Environmental Attributes associated with the Property. “Environmental Attributes” shall mean
any and all tax or other credits, benefits, renewable energy certificates, emissions reductions,
offsets, and allowances (including water, riparian, greenhouse gas, beneficial use, and renewable
energy), generated from or attributable to the conservation, preservation and management of the
Property in accordance with this Deed. Nothing in this Section 24 shall modify the restrictions
imposed by this Deed or otherwise be inconsistent with the Purpose.
25. Tax Benefits [This Section 25 intentionally omitted.]
26. Deed Correction. The Parties shall cooperate to correct mutually acknowledged errors in
this Deed (and exhibits), including typographical, spelling, or clerical errors. The Parties shall
make such corrections by written agreement.
27. Effective Date. The Effective Date of this Deed shall be the date and year first written
above.
28. General Provisions.
a. Controlling Law. The interpretation and performance of this Deed shall be
governed by the laws of the State of Colorado.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Deed shall be liberally construed in favor of the grant to affect the Purpose
and the policy and purpose of C.R.S. § 3830.5101, et seq. If any provision in this Deed is found
to be ambiguous, an interpretation consistent with the Purpose that would render the provision
valid shall be favored over any interpretation that would render it invalid.
c. Severability. If any provision of this Deed, or the application thereof to any person
or circumstance, is found to be invalid, it shall be deemed severed from this Deed, and the balance
of this Deed shall otherwise remain in full force and effect.
d. Entire Agreement. The Recitals above are a material part of this Deed and are
incorporated into this Deed. This Deed sets forth the entire agreement of the Parties with respect
to the grant of a conservation easement over the Property and supersedes all prior discussions,
Page 325
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
negotiations, understandings, or agreements relating to the grant, all of which are merged in this
Deed.
e. Joint Obligation. The obligations imposed upon Grantor and Grantee in this Deed
shall be joint and several in the event that more than one entity or individual holds either interest
at any given time.
f. Obligations Subject to Annual Appropriation. Any obligations of the Parties under
this Deed for fiscal years after the year of this Deed are subject to annual appropriation by such
Parties’ governing bodies, in their sole discretion, of funds sufficient and intended for such
purposes.
g. Non-Merger. No merger shall be deemed to have occurred hereunder or under any
documents executed in the future affecting this Easement, unless the parties expressly state that
they intend a merger of estates or interests to occur.
h. Successors. The covenants, terms, conditions, and restrictions of this Deed shall
be binding upon, and inure to the benefit of, the Parties and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property.
i. Termination of Rights and Obligations. Provided a transfer is permitted by this
Deed, a Party's rights and obligations under the Deed terminate upon transfer of the Party's
interest in the Deed or Property, except that liability for acts or omissions occurring prior to transfer
shall survive transfer.
j. Captions. The captions in this Deed have been inserted solely for convenience of
reference and are not a part of this Deed and shall have no effect upon construction or
interpretation.
k. No Third-Party Beneficiaries. This Deed is entered into by and between Grantor
and Grantee, and is solely for the benefit of Grantor and Grantee and their respective successors
and assigns for the purposes set forth in this Deed. This Deed does not create rig hts or
responsibilities in any third parties beyond Grantor and Grantee
l. Amendment. If circumstances arise under which an amendment to or modification
of this Deed or any of its exhibits would be appropriate, Grantor and Grantee may jointly amend
this Deed so long as the amendment (i) is consistent with the Conservation Values and Purpose
of this Deed (ii) does not affect the perpetual duration of the restrictions contained in this Deed,
(iii) does not affect the qualifications of this Deed under any applicable laws, (iv) complies with
Grantee’s procedures and standards for amendments (as such procedures and standards may
be amended from time to time). Any amendment must be in writing, signed by the Parties, and
recorded in the records of the Clerk and Recorder of the county or counties in which the Property
is located. Nothing in this Section 28.l shall be construed as requiring Grantee to agree to any
particular proposed amendment.
m. Change of Conditions or Circumstances. A change in the potential economic value
of any use that is prohibited by or inconsistent with this Deed, or a change in any current or future
uses of neighboring properties, shall not constitute a change in conditions or circumstances that
make it impossible for continued use of the Property, or any portion thereof, for conservation
purposes and shall not constitute grounds for terminating the Deed in whole or in part. In conveying
this Deed, the Parties have considered the possibility that uses prohibited or restricted by the terms
of this Deed may become more economically valuable than permitted uses, and that neighboring
Page 326
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
or nearby properties may in the future be put entirely to such prohibited or restricted uses. It is the
intent of Grantor and Grantee that any such changes shall not be deemed to be circumstances
justifying the termination or extinguishment of this Deed, in whole or in part. In addition, the inability
of Grantor, or Grantor’s successors, or assigns, to conduct or implement any or all of the uses
permitted under the terms of this Deed, or the unprofitability of doing so, shall not impair the validity
of this Deed or be considered grounds for its termination or extinguishment, in whole or in part.
n. Authority to Execute. Each Party represents to the other that such Party has full
power and authority to execute, deliver, and perform this Deed, that the individual executing this
Deed on behalf of each Party is fully empowered and authorized to do so, and that this Deed
constitutes a valid and legally binding obligation of each Party enforceable against each Party in
accordance with its terms.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed of
Conservation Easement as of the Effective Date.
GRANTOR:
CITY OF FORT COLLINS
a Colorado municipal corporation
By:____________________________
Jeni Arndt, Mayor
Date: __________________________
ATTEST:
________________________
City Clerk
________________________
(Printed Name)
APPROVED AS TO FORM:
________________________
Assistant City Attorney
________________________
(Printed Name)
The foregoing instrument was acknowledged before me this _____ day of __________,
2024, by Jeni Arndt as Mayor of the City of Fort Collins.
Witness my hand and official seal
Page 327
Item 20.
EXHIBIT A TO RESOLUTION 2024-098
My commission expires:
______________________________
Notary Public
GRANTEE:
[name]
By:
ATTEST: APPROVED AS TO FORM:
Date:
Page 328
Item 20.
-1-
ORDINANCE NO. 120, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO LARIMER COUNTY OF A
CONSERVATION EASEMENT AND A RIGHT OF FIRST
REFUSAL ON THE ROCKY RIDGE PROPERTY
A. To meet shared land conservation goals, the City and Larimer County
(“County”) have been collaborating for more than two decades on funding partnerships to
acquire various open space properties and conservation easements.
B. Earlier this year, the City purchased a 484 -acre property in the Wellington
Community Separator known as the “Rocky Ridge Property”. The Rocky Ridge Property
conserves a buffer along two large reservoirs, ensuring habitat and migration corridors
for wildlife and fills in gaps in the community separator. It provides open space, scenic
views, and a critical buffer for the reservoirs and the surrounding wetlands habitat. And it
encompasses a mix of native and domestic grasses and previously tilled fields.
C. The County has agreed to contribute $1,505,250 towards the $5,117,600
total cost of acquisition of the Rocky Ridge Property and related costs in exchange for the
City’s agreement to convey to the County a conservation easement (the “Conservation
Easement”) over the Rocky Ridge Property. The Conservation Easement will ensure that
any development on the Rocky Ridge Property is limited in size and area to designated
“building envelopes”, and that the property will be managed to protect its conservation
values in perpetuity. The City and County have also agreed that as part of the
Conservation Easement the City will retain the ability to construct a parking lot, trailhead
and related amenities (vault toilets, shade structures, kiosks), along with soft surface
trails. The City will also convey a right of first refusal to the County in case the City ever
wishes to sell all or a portion of its fee interest in Rocky Ridge Property, in which case the
County would be able to purchase the fee interest up for sale at fair market value.
D. Concurrently with this Ordinance, the City Council is considering Resolution
2024-098 authorizing an intergovernmental agreement between the City and the County
regarding the conservation of the Rocky Ridge property (the “IGA”).
E. At its June 12, 2024, meeting, the Land Conservation and Stewardship
Board voted unanimously to recommend that Council approve the IGA with Larimer
County to partner on the purchase of, and conveyance of a conservation easement for,
the Rocky Ridge property.
F. 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 that the
City Council first finds, by ordinance, that such sale or other disposition is in the best
interests of the City.
Page 329
Item 20.
-2-
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 finds that the City’s conveyance of a conservation
easement and granting of a right of first refusal on the Rocky Ridge property to Larimer
County as provided herein is in the best interests of the City.
Section 2. The City Council authorizes the Mayor to execute such documents
as are necessary to convey a conservation easement to the County on terms and
conditions consistent with this Ordinance, together with such 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.
Section 3. The City Council authorizes the Mayor to execute such documents
in addition to the IGA as may be necessary to grant a right of first refusal to the County
on terms and conditions consistent with this Ordinance, together with such 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.
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Ted Hewitt
Page 330
Item 20.
N
C
OU
NTY
RO
AD
15
¬«1
Rocky
Ri
d
g
e
L
a
k
e
D
o
u
g
l
a
s
R
e
s
e
r
v
oir
Bee
L
a
k
e
North
Poudre
R
e
s
#
6Water
S
u
p
p
l
y
R
e
s
#
2
&
3
RRFN\RLGJH9LFLQLW\0DS
u
&ouQtyRoad6
RockyRidgeproperty Page 331
Item 20.
Natural Areas Department
1745 Hoffman Mill Road
PO Box 580
Fort Collins, CO 80522
970.416.2815
970.416.2211 - fax
fcgov.com/naturalareas
Natural Areas – Administrative Policy
Land Acquisition Partnership Guidelines
Background
As requested by City Council during the December 11, 2018 work session, staff developed criteria and
associated guiding questions to address Council’s suggestions related to external land conservation
partnerships. The criteria and guiding questions will be utilized well in advance of formalizing a
partnership. If staff believes the partnership to be justified based upon the criteria and guiding questions,
a memo detailing staff’s recommendation will be presented to Council prior to moving forward. Thus, if
Council has any concerns they can be addressed well in advance of a potential transaction.
Criteria
x The acquisition must align with the land conservation priorities set forth by the Council Adopted -
City of Fort Collins 2014 Natural Areas Master Plan.
x Visitation must be free of charge if public access is allowed.
o If access fees are proposed, a staff recommendation to move forward must be explained
and justified in the report to council.
x The partner/s must have a positive track record of partnerships with the City and/or other
organizations.
x The partnership must enhance the conservation protections of the project.
x The land conservation project must leverage the parties’ resources in a manner that leads to
additional land conservation by one, or both, parties.
Guiding Questions
x Does the land conservation project align with the land conservation priorities set forth by the
Council Adopted - City of Fort Collins 2014 Natural Areas Master Plan?
x Does the partner have a positive track record of partnership with the City and or other
organizations?
x Is the project of mutual interest due to previous investments by the partners or due to its location?
x How will the land conservation project benefit citizens of Fort Collins?
x How can/should the land conservation project be funded?
o Are there grants available to help fund the project?
o Do the partners have the financial ability to participate?
x Will the financial partnership positively affect a grant application?
o Which partner is best suited to apply for and manage the grant?
x Would the land conservation project be possible without the partnership?
o If so, does the partnership leverage resources for additional conservation or partnership
opportunities?
x If the property is purchased:
o Which partner is best suited to manage the property?
x If the land is conserved with a conservation easement?
o Which partner is best suited to hold and monitor the conservation easement?
This Policy was Administratively Adopted by:
___________________________________________ ____________________________
John Stokes, Natural Areas Department Director Date
November 12 2019
John Stokes
Digitally signed by John
Stokes
Date: 2019.11.12
16:24:58 -07'00'
Page 332
Item 20.
Land Conservation & Stewardship Board
June 12, 2024
Regular Meeting – Excerpt
6/12 /2024 1
Rocky Ridge IGA
Tawnya Ernst, Land Conservation Lead Specialist, stated she was seeking a
recommendation from the LCSB to enter into an Intergovernmental Agreement (IGA) with
Larimer County. The proposed IGA between the City and the County would authorize the
County to contribute $1,500,000 toward reimbursement of the acquisition cost of a 484-acre
parcel recently purchased by the City. In return, the County would receive a conservation
easement on property. The conservation easement adds an extra layer of protection to the
Natural Areas property and ensures it will remain undeveloped and managed for its
conservation values.
Discussion
Chair Cunniff asked where this property fell on staff’s priority list of conservation easements.
Tawnya explained it makes sense when acquiring large parcels in which Larimer County can
partner on to place a conservation easement on the property at the time of acquisition, rather
than at a later date. Katie Donahue clarified this conservation easement was separate from the
conservation easement priority list for existing NAD properties.
Vice Chair Mason asked if this property would be eligible for the Larimer County Natural
Resources zoning designation. Julia Feder, Environmental Planning Manager, stated it was
likely eligible.
Member Culver made a motion to that the Land Conservation and Stewardship Board
recommends that City Council approve an Intergovernmental Agreement (IGA) with
Larimer County to partner on the recent acquisition of a 484-acre property in the
Wellington Community Separator. Member Mason seconded the motion. The motion was
unanimously approved 8-0
Page 333
Item 20.
File Attachments for Item:
21. Items Relating to the Poudre Water Supply Infrastructure Wildfire Ready Action Plan.
A. Resolution No. 2024-099 Authorizing the City Manager to Enter into a Grant Agreement with
the State of Colorado Regarding the Poudre Water Supply Infrastructure Wildfire Ready Action
Plan.
B. First Reading of Ordinance No. 121, 2024, Making Supplemental Appropriations of
Unanticipated Grant Revenue, Prior Year Reserves, and Authorizing Transfers for the Poudre
Water Supply Infrastructure Wildfire Ready Action Plan.
The purpose of this item is to support Fort Collins Utilities (Utilities) in developing a Wildfire
Ready Action Plan (WRAP) in collaboration with the City of Greeley (Greeley) and the Water
Supply and Storage Company (WSSC). The WRAP will help Utilities and its partners mitigate
the vulnerability of water supplies and water supply infrastructure in the upper Poudre and
Michigan River watersheds to the threat of wildfire. Accordingly, pursuant to Resolution No.
2024-066, the City, Greeley, and WSSC entered into an agreement, dated May 21, 2024, to
coordinate their joint efforts related to funding and developing the WRAP. In addition, the City
has recently been awarded grant funding from the Colorado Water Conservation Board (CWCB)
through the Wildfire Ready Watershed Grant Program to assist in the development of a WRAP.
Once adopted, this resolution will authorize Utilities to enter into the Intergovernmental Grant
Agreement (IGGA) with the State of Colorado to receive funding to support the development of
the WRAP. The Ordinance will: 1) appropriate the grant revenue from the State of Colorado; 2)
appropriate monetary contributions from Greeley and WSSC; and 3) appropriate and authorize
transfers of Utilities grant match commitments.
Page 334
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jared Heath, Senior Specialist, Sciences
Kerri Ishmael, Senior Analyst, Grants Administration
SUBJECT
Items Relating to the Poudre Water Supply Infrastructure Wildfire Ready Action Plan.
EXECUTIVE SUMMARY
A. Resolution No. 2024-099 Authorizing the City Manager to Enter into a Grant Agreement with the State
of Colorado Regarding the Poudre Water Supply Infrastructure Wildfire Ready Action Plan.
B. First Reading of Ordinance No. 121, 2024, Making Supplemental Appropriations of Unanticipated Grant
Revenue, Prior Year Reserves, and Authorizing Transfers for the Poudre Water Supply Infrastructure
Wildfire Ready Action Plan.
The purpose of this item is to support Fort Collins Utilities (Utilities) in developing a Wildfire Ready Action
Plan (WRAP) in collaboration with the City of Greeley (Greeley) and the Water Supply and Storage
Company (WSSC). The WRAP will help Utilities and its partners mitigate the vulnerability of water supplies
and water supply infrastructure in the upper Poudre and Michigan River watersheds to the threat of wildfire.
Accordingly, pursuant to Resolution No. 2024-066, the City, Greeley, and WSSC entered into an
agreement, dated May 21, 2024, to coordinate their joint efforts related to funding and developing the
WRAP. In addition, the City has recently been awarded grant funding from the Colorado Water
Conservation Board (CWCB) through the Wildfire Ready Watershed Grant Program to assist in the
development of a WRAP. Once adopted, this resolution will authorize Utilities to enter into the
Intergovernmental Grant Agreement (IGGA) with the State of Colorado to receive funding to support the
development of the WRAP. The Ordinance will: 1) appropriate the grant revenue from the State of
Colorado; 2) appropriate monetary contributions from Greeley and WSSC; and 3) appropriate and
authorize transfers of Utilities grant match commitments.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
Bottom Line
Utilities’ source water supplies provide high quality raw water for drinking water treatment and include the
Poudre River and Horsetooth Reservoir. The upper Poudre River watershed also provides raw water
supplies to Greeley and WSSC. Utilities, Greeley, and WSSC separately own elements of a network of
Page 335
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
interconnected water supply infrastructure in the upper Poudre and upper Michigan River watersheds near
Cameron Pass. The WRAP will assist these water providers in collectively protecting their water supplies
and water supply infrastructure from the threat of wildfire. The City, Greeley, and WSSC e ntered into an
agreement on May 21, 2024, pursuant to Resolution No. 2024-066 (Attachment 2), to jointly develop and
share in the cost of the WRAP. Furthermore, Utilities was recently awarded grant funding from CWCB’s
Wildfire Ready Watershed Grant Program to assist in the development of the WRAP.
City staff are proposing two actions by City Council: 1) Adoption of a Resolution to authorize the City to
enter into an agreement with the State of Colorado (Attachment 1), and 2) Adoption of an Ordinance to
authorize the City to appropriate new grant revenue and other monetary contributions and authorize the
transfer of Utilities funds (Attachment 3). Adopting the items will secure grant funding from the CWCB and
grant match contributions from Utilities, Greeley, and WSSC to be used to support the development of the
WRAP.
Overview of CWCB’s Wildfire Ready Watershed Grant Program
The objective of CWCB’s Wildfire Ready Watershed Grant Program is to enhance watershed resilience in
Colorado to protect water resources, infrastructure, and communities from the threat of wildfire. The
primary goal of the grant program is to facilitate the development and implementation of Wildfire Ready
Action Plans (WRAPs) and projects that address wildfire risk at the local level. WRAPs involve a thorough
assessment of wildfire hazards and vulnerabilities within a watershed, followed by the identification of
actions and strategies to reduce risk and enhance resilience both before and after a wildfire occurs. Utilities
applied for and was awarded $209,688 of grant funding through CWCB’s Wildfire Ready Watershed Grant
Program to support the development of a collaborative WRAP in partnership with Greeley and WSSC.
Resolution for Grant Agreement with the State of Colorado
The proposed Resolution authorizes the City Manager to execute an IGGA with the State of Colorado to
secure grant funding from the CWCB to develop the WRAP. The City is required to contribute $68,625 in
matching funds to accept the grant, as presented in the Budget in Exhibit C to the IGGA. Matching funds
include monetary contributions from the City, Greeley and WSSC, and in-kind contributions from the City
in the form of staff time to manage the project and administer the grant.
As approved by Resolution 2024-066, the City entered into an agreement with Greeley and WSSC on May
21, 2024, to jointly develop the WRAP. The agreement discusses the CWCB’s Wildfire Ready Watershed
Grant Program and the City pursuing grant funds in capacity as the lead applicant, with the parties
collectively agreeing to provide monetary and in-kind contributions as required under the grant program.
Pursuant to the grant award from the CWCB and the agreement between the City, Greeley and WSSC
(Attachment 2), the parties will contribute the following:
Grant funding from the CWCB: $209,688
o $171,875 for direct costs
o $37,813 for indirect costs
Cash match contributions from the project partners: $28,125
o Utilities: $9,063 for direct costs
o Greeley: $9,063 for direct costs
o WSSC: $10,000 for direct costs
In-kind match contributions from the City: $40,500
o $28,125 for direct costs
o $12,375 for indirect costs
Page 336
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
Ordinance for Making Supplemental Appropriations, Appropriating Prior Year Reserves, and
Authorizing Transfers
The proposed Ordinance authorizes the City to: 1) appropriate the new grant revenue from the CWCB and
monetary contributions from Greeley and WSSC; and 2) appropriate and authorize transfers of City
contributions to meet the match requirements of the grant. The Ordinance includes the following actions:
Appropriate $209,688 of unanticipated grant revenue from the CWCB’s Wildfire Ready Watershed
Grant Program;
Appropriate $19,063 in monetary contributions from Greeley and WSSC;
Transfer $9,063 matching funds from existing 2024 appropriations in the Water Fund; and
Appropriate $28,125 from the Water Fund reserves for in-kind staff time in managing the grant.
Summary
As demonstrated in Exhibit C, Budget of the IGGA, the total cost of the project is $278,313, with the grant
providing $209,688. Of this money, $200,000 will be used to hire a consultant to support the development
of the WRAP. This amount includes the $28,125 in monetary contributions from Utilities, Greeley, and
WSSC and $171,875 in grant funds. The remaining $37,813 in grant funds is for indirect costs
corresponding to the City’s central service departments supporting the project. The City will also support
the project and meet the remaining required local match of $40,500 through in-kind staff time and the City’s
share of indirect costs.
CITY FINANCIAL IMPACTS
This item appropriates $256,875 in costs to support the joint development of the WRAP from:
$209,688 in unanticipated grant revenue from the State of Colorado through CWCB’s Wildfire Ready
Watershed Grant Program
$19,063 in monetary contributions from Greeley and WSSC
$28,125 in Water Fund reserves to be used toward required local matching funds for in-kind staff time
in managing the grant
Required matching funds in the amount of $9,063 have already been appropriated by Utilities in the 2024
Water Fund in the Watershed Protection budget. The $9,063 will be transferred from the 2024 Watershed
Protection budget to the grant project. This serves to support tracking of match requirements under the
grant.
The $12,375 in-kind match corresponds to the value of indirect costs in relation to services provided by
City’s central services departments (Financial Services, Human Resources, Legal, et al.). Because central
service staff do not record time spent on each grant funded project, awarding agencies, including the
CWCB, allow eligible organizations to calculate indirect costs using an allowable base. The allowable base
for this project is total direct costs. The indirect costs are based on a calculation corresponding to overhead
for central service departments time in supporting the grant project, with such time appropriated in the
General Fund.
The unanticipated grant funds awarded to the City through CWCB’s Wildfire Ready Watershed Grant
Program are federal funds being passed through by the State of Colorado under the U.S. Department of
the Treasury’s Coronavirus State and Local Fiscal Recovery Funds program, Assistance Listing Number
21.027.
Page 337
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Utilities staff presented the Poudre Water Supply Infrastructure WRAP project plan to Water Commission
at the March 21, 2024, Regular Meeting. During this meeting, staff also sought a recommendation from
Water Commission that City Council formally approve of Utilities entering into the agreement regarding the
Poudre Water Supply Infrastructure WRAP with Greeley and WSSC (Attachment 2). The Water
Commission was supportive of Utilities developing a WRAP and Commissioner Bruxvoort moved that the
Water Commission recommend City Council formally approve of Utilities entering into the agreement and
it passed unanimously.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
4. Resolution 2024-066
Page 338
Item 21.
-1-
RESOLUTION 2024-099
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT
AGREEMENT WITH THE STATE OF COLORADO REGARDING
THE POUDRE WATER SUPPLY INFRASTRUCTURE W ILDFIRE
READY ACTION PLAN
A. The City owns and operates a water utility that provides water service to
customers within its water service area. The Cache la Poudre River provides a key
source of water for the City and its water utility. Water in the Cache la Poudre River
originates in various watersheds, including several watersheds near Cameron Pass,
namely the Joe Wright Creek Watershed, Peterson Lake Watershed, and Upper Michigan
River Watershed (collectively, “Watersheds”).
B. The Cache la Poudre River and these W atersheds also provide key sources
of water for the City of Greeley (“Greeley”) and the Water Supply and Storage Company
(“WSSC”).
C. Water supplies and infrastructure in the Watersheds face various
challenges, including risks associated with wildfires. Protecting water supplies and
infrastructure within the Watersheds is a high priority for the City, Greeley, and WSSC to,
among other things, ensure all current and future water demands are met, and to continue
providing their communities, customers, and shareholders with reliable, safe, and high-
quality water.
D. The State of Colorado, through the Colorado Water Conservation Board
(“CWCB”), has a program to assist in the development of wildfire ready watershed action
plans, including via grant funding. Such plans are generally inten ded to help stakeholders
develop actionable plans to address the impacts from wildfires through actions that may
be taken both before and after wildfires.
E. The City, Greeley, and WSSC desire to develop a wildfire ready watershed
action plan for the Watersheds (“Plan”). Accordingly, pursuant to Resolution 2024-066,
they have entered into the Agreement Regarding a Wildfire Ready Watershed Action Plan
for the Joe Wright Creek, Peterson Lake, and Upper Michigan River Watersheds , dated
May 21, 2024, the purpose of which is to coordinate their joint efforts related to developing
the Plan, including funding a consultant to assist with the development of the Plan .
F. The City has been awarded $209,688 from the State of Colorado, acting
through the Colorado Water Conservation Board and its Wildfire Ready Watershed Grant
Program to develop the Plan. The proposed grant agreement is attached as Exhibit “A”
(“Agreement”).
G. As presented in the Budget, Exhibit C, to the Agreement, the City is required
to contribute in matching funds to accept the grant . The appropriation for said grant is
addressed in Ordinance No. 121, 2024.
Page 339
Item 21.
-2-
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, contingent upon final adoption of Ordinance No. 121, 2024, and it
going into effect, 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 August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Eric Potyondy
Page 340
Item 21.
Page 1 of 15 Version 3.22.2024
State of Colorado
Intergovernmental Grant Agreement for SLFRF
COVER PAGE
State Agency
Department of Natural Resources (DNR)
Colorado Water Conservation Board (CWCB)
1313 Sherman St #718
Denver CO, 80203
Agreement Number
CMS# 191508
CTGG1 2024*4110
Grantee
City of Fort Collins
Grantee UEI
VEJ3BS5GK5G1
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 30, 2026
Agreement Maximum Amount
Total for All State Fiscal Years $209,688.00
Fund Expenditure End Date
December 30, 2026
Agreement Authority
HB 22-1379 (Using American Rescue Plan Act funds
through the Colorado Watershed Restoration Program,
which will focus on the development of Wildfire Ready
Watershed action plans and implementation of projects
designed to mitigate post wildfire impacts.)
Agreement Purpose
The goal of this project is to implement a Wildfire Ready Watersheds (WRW) study and develop a Wildfire Ready Action Plan
(WRAP) to address the susceptibility of critical water supplies and infrastructure in the Upper Cache la Poudre and North
Platte watersheds to post-wildfire impacts and hazards. The WRW study and WRAP will focus on the combined Joe Wright
Creek, Peterson Lake, and Headwaters Michigan River watersheds that encompass the Michigan Ditch, Joe Wright Reservoir,
Chambers Lake, Barnes Meadow Reservoir, and Peterson Lake.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1.Exhibit A, Statement of Work.
2.Exhibit B, Sample Option Letter.
3.Exhibit C, Budget.
4.Exhibit D, Federal Provisions.
5.Exhibit E, Agreement with Subrecipient of Federal Recovery Funds
6.Exhibit F, SLFRF Subrecipient Quarterly Report
7.Exhibit G, SLFRF Reporting Modification Form
8.Exhibit H, PII Certification
9.Exhibit I, HIPAA BAA
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or
inconsistency shall be resolved by reference to the documents in the following order of priority:
1.Exhibit I, HIPAA BAA
2.Exhibit D, Federal Provisions
3.Exhibit E, Agreement with Subrecipient of Federal Recovery Funds
4.Colorado Special Provisions in §17 of the main body of this Agreement.
5.The provisions of the other sections of the main body of this Agreement.
6.Exhibit A, Statement of Work.
7.Exhibit H, PII Certification
8.Exhibit B, Sample Option Letter.
9.Exhibit C, Budget.
10.Exhibit F, SLFRF Subrecipient Quarterly Report
11.Exhibit G, SLFRF Reporting Modification Form
EXHIBIT A TO RESOLUTION 2024-099
Page 341
Item 21.
Page 2 of 15 Version 3.22.2024
Principal Representatives
For the State: For Grantee:
Andrea Harbin-Monahan Jared Heath
Colorado Water Conservation Board City of Fort Collins
1313 Sherman Ave 4316 W. Laporte Ave
Room 718 Fort Collins, CO 80521
Denver, CO 80203
andrea.harbinmonahan@state.co.us jheath@fcgov.com
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Awarding Office US Department of the Treasury
Grant Program Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number 21.027
Federal Award Number SLFRP0126
Federal Award Date * May 18, 2021
Federal Award End Date December 31, 2024^
^Pending Final Rule by U.S. Treasury
Federal Statutory Authority Title VI of the Social Security Act, Section 602
Total Amount of Federal Award (this is not the
amount of this grant agreement) $3,828,761,790
*Funds may not be available through the Federal Award End Date subject to the provisions in §2 and §5 below.
EXHIBIT A TO RESOLUTION 2024-099
Page 342
Item 21.
Page 3 of 15 Version 3.22.2024
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
GRANTEE
City of Fort Collins
______________________________________________
By:
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Natural Resources
Dan Gibbs, Executive Director
Colorado Water Conservation Board
______________________________________________
By:
Date: _________________________
2nd State or Grantee Signature if Needed
______________________________________________
By:
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
By:_______________________________________________
Assistant Attorney General
Date: _________________________
In accordance with §24-30-202, C.R.S., this Grant is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Effective Date:_____________________
EXHIBIT A TO RESOLUTION 2024-099
Page 343
Item 21.
Page 4 of 15 Version 3.22.2024
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Intergovernmental
Grant Agreement (the “State”) hereby obligates and awards to Grantee shown on the first page of
this Intergovernmental Grant Agreement (the “Grantee”) an award of Grant Funds in the amounts
shown on the first page of this Intergovernmental Grant Agreement . By accepting the Grant Funds
provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the terms
and conditions of this Intergovernmental Grant Agreement and requirements and provisions of all
Exhibits to this Intergovernmental Grant Agreement.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Intergovernmental Grant Agreement shall
commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement showing the new Grant Expiration
Date.
B. Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State, Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated, or otherwise become unavailable to fund this Intergovernmental Grant
Agreement, the State, in its discretion, may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee that includes, to the
extent practicable, the public interest justification for the termination. If the State terminates
this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work
satisfactorily completed, as determined by the State, less payments previously made.
Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-
of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement
that are incurred by Grantee and are directly attributable to the uncompleted portion of
Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed
the maximum amount payable to Grantee hereunder. This subsection shall not apply to a
termination of this Intergovernmental Grant Agreement by the State for breach by Grantee.
C. Grantee’s Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination
and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior
to the effective date of the termination.
EXHIBIT A TO RESOLUTION 2024-099
Page 344
Item 21.
Page 5 of 15 Version 3.22.2024
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit C.
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. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
E. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this
Intergovernmental Grant Agreement.
F. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Intergovernmental Grant
Agreement.
G. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this
Intergovernmental Grant Agreement.
H. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of
this Grant
I. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement
J. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement
contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
K. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient. The US Department of the Treasury (USDT) is the Federal Awarding Agency for
the Federal Award which is the subject of this Grant.
L. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee 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 between the Grant Issuance Date and the Grant
Expiration Date.
O. ”Intergovernmental Grant Agreement” means this Agreement which offers Grant Funds
to Grantee, including all attached Exhibits, all documents incorporated by reference, all
referenced statutes, rules and cited authorities, and any future updates thereto.
EXHIBIT A TO RESOLUTION 2024-099
Page 345
Item 21.
Page 6 of 15 Version 3.22.2024
P. “Matching Funds” means the funds provided Grantee as a match required to receive the
Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. “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.
S. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual’s identity, such as name, social security number, date and place of birth,
mother’s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S. “PII” shall also mean
“personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S.
T. “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.
U. “Recipient” means the State Agency shown on the first page of this Intergovernmental Grant
Agreement, for the purposes of the Federal Award.
V. “Services” means the services to be performed by Grantee as set forth in this
Intergovernmental Grant Agreement, and shall include any services to be rendered by
Grantee in connection with the Goods.
W. “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 under
CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has
been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the
time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available
without breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Contractor, without confidentiality obligations, by a third party who has the right to disclose
such information; or (v) was independently developed without reliance on any State
Confidential Information.
X. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
Y. “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.
Z. “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.
EXHIBIT A TO RESOLUTION 2024-099
Page 346
Item 21.
Page 7 of 15 Version 3.22.2024
AA. “Sub-Award” means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded
in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to this Sub-Award unless the terms and conditions of the Federal Award specifically
indicate otherwise.
BB. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
CC. “Subrecipient” means a state, local government, Indian tribe, institution of higher education
(IHE), or nonprofit organization entity that receives a Sub-Award from a Recipient to carry
out part of a Federal program, but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a
Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient. For
SLFRF Grants, a subrecipient relationship continues to exist for Expenditure Category 6.1
Revenue Replacement.
DD. “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.
EE. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
commonly known as the “Super Circular, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular
A-50 on Single Audit Act follow-up.
FF. “Work” means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
GG. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification, in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Intergovernmental Gran Agreement and in
accordance with the provisions of Exhibit A & C. The State shall have no liability to compensate
or reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Intergovernmental Grant Agreement.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for
each State Fiscal Year shown on the first page of this Intergovernmental Grant Agreement.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available. The
EXHIBIT A TO RESOLUTION 2024-099
Page 347
Item 21.
Page 8 of 15 Version 3.22.2024
State shall not be liable to pay or reimburse Grantee for any Work performed or expense
incurred before the Grant Issuance Date or after the Grant Expiration Date; provided,
however, that Work performed and expenses incurred by Grantee before the Grant Issuance
Date that are chargeable to an active Federal Award may be submitted for reimbursement as
permitted by the terms of the Federal Award.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency
or the State to disallow costs and recover funds on the basis of a later audit or other review.
Any cost disallowance recovery is to be made within the Record Retention Period, as defined
below.
C. Matching Funds
Grantee shall provide the Local Match Amount shown on the first page of this
Intergovernmental Grant Agreement and described in Exhibit C (the “Local Match
Amount”). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of
this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds
for that fiscal year. Grantee does not by accepting this Intergovernmental Grant Agreement
irrevocably pledge present cash reserves for payments in future fiscal years, and this
Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year debt of
Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes
or penalties of any nature, except as required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Budget, except that
Grantee may adjust the amounts between each line item of the Budget without formal
modification to this Agreement with written approval from the State. The change shall not
modify the total maximum amount of this Intergovernmental Grant Agreement, the
maximum amount for any State fiscal year, or modify any requirements of the Work. The
State shall reimburse Grantee for the Federal share of properly documented allowable costs
related to the Work after the State’s review and approval thereof, subject to the provisions of
this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable
and necessary to accomplish the Work and for the Goods and Services provided; and (ii)
equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received
by Grantee that reduce the cost actually incurred).
E. Close-Out
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Intergovernmental Grant Agreement and Grantee’s final reimbursement
request or invoice. The State will withhold 5% of allowable costs until all final documentation
has been submitted and accepted by the State as substantially complete. If the Federal
Awarding Agency has not closed this Federal Award within 1 year and 90 days after the
Grant Expiration Date due to Grantee’s failure to submit required documentation, then
Grantee may be prohibited from applying for new Federal Awards through the State until
such documentation is submitted and accepted.
EXHIBIT A TO RESOLUTION 2024-099
Page 348
Item 21.
Page 9 of 15 Version 3.22.2024
6. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §5.E, containing an evaluation and review of Grantee’s
performance and the final status of Grantee’s obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal Award. The State or the Federal Awarding
Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31
U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of five years following the completion of the close out of this Grant.
Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such
records during normal business hours at Grantee’s office or place of business, unless the State
determines that an audit or inspection is required without notice at a different time to protect
the interests of the State.
B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Intergovernmental
Grant Agreement using procedures as determined by the State. Grantee shall allow the State
to perform all monitoring required by the Uniform Guidance, based on the State’s risk
analysis of Grantee. The State shall have the right, in its sole discretion, to change its
monitoring procedures and requirements at any time during the term of this Agreement. The
State shall monitor Grantee’s performance in a manner that does not unduly interfere with
Grantee’s performance of the Work. If Grantee enters into a subcontract or subgrant with an
entity that would also be considered a Subrecipient, then the subcontract or subgrant entered
into by Grantee shall contain provisions permitting both Grantee and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee’s records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform
a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy,
EXHIBIT A TO RESOLUTION 2024-099
Page 349
Item 21.
Page 10 of 15 Version 3.22.2024
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this
Intergovernmental Grant Agreement. Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security and all applicable laws, rules, policies, publications, and guidelines.
If Grantee or any of its Subcontractors will or may receive the following types of data,
Grantee or its Subcontractors shall provide for the security of such data according to the
following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information attached
to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security
Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued
version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy for all CJI, and (iv) the federal Health Insurance
Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement
attached to this Grant, if applicable. Grantee shall immediately forward any request or
demand for State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure agreements
are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
EXHIBIT A TO RESOLUTION 2024-099
Page 350
Item 21.
Page 11 of 15 Version 3.22.2024
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
“Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 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 attached hereto as Exhibit H on an annual basis Contractor’s duty and obligation
to certify as set forth in Exhibit H 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.
9. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Intergovernmental Grant Agreement,
if Grantee fails to comply with any term or condition of this Grant or any terms of the Federal
Award, the State may terminate some or all of this Grant and require Grantee to repay any or all
Grant funds to the State in the State’s sole discretion. The State may also terminate this
Intergovernmental Grant Agreement at any time if the State has determined, in its sole discretion,
that Grantee has ceased performing the Work without intent to resume performance, prior to the
completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, disputes concerning the
EXHIBIT A TO RESOLUTION 2024-099
Page 351
Item 21.
Page 12 of 15 Version 3.22.2024
performance of this Grant that cannot be resolved by the designated Party representatives shall be
referred in writing to a senior departmental management staff member designated by the State and
a senior manager or official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in
hard copy or by email to the representative of the other Party. Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b),
and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of
this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
B. Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only, and shall not be used to interpret, define, or limit its provisions. All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections, exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C. Entire Understanding
This Intergovernmental Grant Agreement 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 Intergovernmental
Grant Agreement.
D. Modification
EXHIBIT A TO RESOLUTION 2024-099
Page 352
Item 21.
Page 13 of 15 Version 3.22.2024
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter. The Parties may also agree to modification of the
terms and conditions of the Grant in a formal amendment to this Grant, properly executed
and approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal
Rule, fiscal policy or other authority shall be interpreted to refer to such authority then
current, as may have been changed or amended since the Grant Issuance Date. Grantee shall
strictly comply with all applicable Federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
G. Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
H. Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Any services or benefits which
third parties receive as a result of this Grant are incidental to the Grant, and do not create any
rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this
Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not
operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege
preclude any other or further exercise of such right, power, or privilege.
K. Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement 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. Grantee shall also comply with all State of Colorado technology standards
EXHIBIT A TO RESOLUTION 2024-099
Page 353
Item 21.
Page 14 of 15 Version 3.22.2024
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 Grantee’s compliance to the State’s Accessibility Standards to
be determined by a third party selected by the State to attest to Grantee’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.
L. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit D at all times during the
term of this Grant.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Agreement is for a Major Information Technology Project, as defined in
§24-37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved
by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the 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, §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 Agreement 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.
Grantee shall perform its duties hereunder as an independent contractor, and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an
agent or employee of the State. Grantee shall not have authorization, express or implied, to
bind the State to any agreement, liability or understanding, except as expressly set forth
herein. Grantee 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 Grantee or any of its agents or
employees. Grantee shall pay when due all applicable employment taxes and income
EXHIBIT A TO RESOLUTION 2024-099
Page 354
Item 21.
Page 15 of 15 Version 3.22.2024
taxes and local head taxes incurred pursuant to this Agreement. Grantee shall (i)
provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (ii) provide proof thereof when requested by
the State, and (iii) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Grantee 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 Agreement. 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 Agreement 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 Agreement that requires the State to indemnify or hold Grantee
harmless; requires the State to agree to binding arbitration; limits Grantee’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 Agreement 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 Agreement shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term
of this Agreement and any extensions, Grantee has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines
that Grantee is in violation of this provision, the State may exercise any remedy available at
law or in equity or under this Agreement, including, without limitation, immediate
termination of this Agreement 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 Agreement. Grantee
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Grantee’s services and Grantee shall not employ
any person having such known interests.
EXHIBIT A TO RESOLUTION 2024-099
Page 355
Item 21.
Exhibit A Page 1 of 8 Version 3.22.2024
EXHIBIT A, STATEMENT OF WORK
Statement Of Work
Prepared Date: 1/18/2024
Name of Grantee: City of Fort Collins Utilities
Name of Water Project: Poudre Water Supply Infrastructure Wildfire Ready Action Plan
Water Project Overview: Please provide brief description of the proposed water activity (no more than 200
words). Please define all acronyms.
The Cache La Poudre (CLP) Watershed headwaters begin within the Arapaho-Roosevelt National Forest and drain
down through the City of Fort Collins (Fort Collins) and urban areas of the Front Range until its confluence with the
South Platte River, east of the City of Greeley (Greeley). The watershed is a valuable shared resource between
local municipalities, agriculture, and recreational stakeholders. A network of critical water supply infrastructure is
located near the watershed divide at Cameron Pass on Highway 14, which Fort Collins, Greeley, and Water Supply
and Storage Company (WSSC) use to manage their water supplies. The highest risk to the watersheds that deliver
water to these assets, as identified in the Fort Collins’ Source Water Protection Plan, is catastrophic wildfire.
Protecting the physical infrastructure and the water stored and conveyed by these structures is a high priority for
Fort Collins, Greeley, and WSSC to ensure adequate delivery of reliable and high-quality water supplies to their
downstream users and to improve flows in the Poudre River. Fort Collins, Greeley, and WSSC are seeking to
develop a Wildfire Ready Action Plan (WRAP) in the shared interest of protecting this interconnected water supply
system.
Project Objectives:
The goal of this project is to implement a Wildfire Ready Watersheds (WRW) study and develop a WRAP to
address the susceptibility of critical water supplies and infrastructure in the Upper Cache la Poudre and North
Platte watersheds to post-wildfire impacts and hazards. The WRW study and WRAP will focus on the combined
Joe Wright Creek, Peterson Lake, and Headwaters Michigan River watersheds that encompass the Michigan Ditch,
Joe Wright Reservoir, Chambers Lake, Barnes Meadow Reservoir, and Peterson Lake.
Tasks
Task 1: Vision and Establishment of Goals and Objectives
Description of Task:
Fort Collins, in partnership with Greeley, WSSC, and the Coalition for the Poudre River Watershed (CPRW),
established a vision and goals for a WRW Framework Study. This effort occurred over several meetings in late
2023 focused on identifying potential stakeholders, reviewing existing watershed planning efforts (i.e. Upper
Poudre Resiliency Plan) and other available resources to support the study, and defining the geographic area of
concern (WRW target area) for the study. The shared vision for this study is to develop a WRAP to address the
susceptibility of critical water supplies and infrastructure in the Cache la Poudre and North Platte watersheds to
EXHIBIT A TO RESOLUTION 2024-099
Page 356
Item 21.
Exhibit A Page 2 of 8 Version 3.22.2024
post-wildfire impacts and hazards. This task will focus on sharing and further refining that vision through targeted
stakeholder identification and analysis, and outreach and engagement.
Method/Procedure:
Task 1.1 – Stakeholder Identification and Analysis: Fort Collins and Greeley (Core Team) will work with the Fort
Collins Utilities Customer Connections Division (C&E Team) to conduct a stakeholder inventory and analysis to 1)
identify all relevant watershed stakeholders that may be interested in or affected by the project, 2) analyze the risks
and opportunities related to stakeholders in the WRW target area, and 3) develop strategies and tactics for targeted
communication, outreach, and engagement with the stakeholders.
Task 1.2 – Stakeholder Engagement: The Core Team will convene and participate in two to three facilitated
outreach and engagement workshops with all stakeholders. This effort will leverage CPRW’s Upper Poudre
Stakeholder Steering Committee meetings and additional workshops for stakeholders who do not currently
participate in the Upper Poudre Stakeholder Steering Committee.
Task 1.3 – Agreements and Partnerships: The Core Team will develop agreements with partners and stakeholders
as needed. These agreements may outline funding agreements, data sharing, resource support, or other resources
that may be made available for the WRW study.
Deliverable:
• Summary of the stakeholder inventory and analysis
• List of key stakeholders
• Summary document presenting the outcomes of stakeholder engagement and outreach workshops.
Tasks
Task 2: Stakeholder Collaboration, Community Outreach, and Public Meetings
Description of Task:
The Core Team and/or Consultant will communicate with stakeholders during the planning process to provide
updates, solicit feedback, share study findings and priorities, develop agreements, and keep stakeholders informed
throughout the development of the WRAP.
Method/Procedure:
Task 2.1 – Communication & Engagement Plan: The Core Team will work with the C&E Team to develop and
implement a Communication and Engagement Plan (C&E Plan). The C&E Plan will outline communication strategies
and outreach activities to share and solicit information with stakeholders and the broader community during the
WRW Framework Study.
Task 2.2 – Communication, Outreach & Engagement Activities: The Core Team, with support from the C&E Team
and the Consultant, will communicate regularly with stakeholders and lead and participate in outreach and
engagement activities. Communication, outreach, and engagement activities will be guided by the stakeholder
identification and analysis completed in Task 1 and the strategies and tactics outlined in the C&E Plan developed in
Task 2.1.
Deliverable:
• Communication & Engagement Plan
• Fact sheets and informational brochures for outreach events
• Meeting agendas, presentations, and meeting minutes
EXHIBIT A TO RESOLUTION 2024-099
Page 357
Item 21.
Exhibit A Page 3 of 8 Version 3.22.2024
• Press releases, memos, and other outreach products to be determined in C&E Plan
• Project website and ongoing website communications
Tasks
Task 3: Data Collection, Research, Review, and Gap Analysis
Description of Task:
A considerable amount of data collection and analyses has been completed within the proposed WRAP target area
to support restoration efforts following the 2020 Cameron Peak Wildfire and during the development of CPRW’s
2024 Upper Poudre Resiliency Plan. The Consultant, in coordination with the Core Team, will identify, review, and
document existing data collection efforts, relevant reports, studies, or research in the WRW target area. The
Consultant will compile and organize all available data that can be leveraged to support the WRW Framework Study
and conduct a data gap analysis to determine additional data and analysis needs. The WRW GIS Preparedness for
Wildfire Planning and Recovery tool developed by CWCB will guide this effort.
Method/Procedure:
Task 3.1 – GIS Data Collection: The Consultant will coordinate with all stakeholders and partners to identify relevant
GIS data related to watershed features and characteristics, hazards, assets and values, and basemap and supporting
data that may be used to support the study. The data summary will directly reflect the WRW GIS Data Matrix
developed by CWCB.
Task 3.2 – Reports, Studies, Research: The Consultant will research previous planning studies, analyses, reports,
and research within the WRW target area and provide a review of each including a summary memorandum of the
study contents and relevant information that could be used to support the study.
Task 3.4 – Infrastructure Operations: The Consultant will work with the Core Team to gather information related
to infrastructure operations for water supply and other values at risk identified in the WRW target area.
Task 3.5 – Stream Data Conditions Assessment: The Consultant will work with the Core Team to select a subset of
stream reaches within the WRW target area that may be suitable for post-fire hazard mitigation. The Consultant will
assess the existing physical conditions of stream reaches, including geomorphological and riparian conditions. A
River Health Assessment of the Upper Poudre River Watershed was completed in 2019 before the Cameron Peak
Wildfire. The results from this assessment may be informative for unburned areas in the WRW target area. CPRW’s
recently completed River Health Assessment Framework may serve as a tool to conduct additional assessments of
the physical conditions of stream reaches in areas burned by the Cameron Peak Wildfire or in unburned areas where
data do not exist (e.g. Upper Michigan River Watershed).
Task 3.6 – Gap Analysis: Once all available data have been collected and reviewed, the Consultant will perform a
data gap analysis to identify any necessary data that are not available for the study in a usable GIS format.
Deliverables:
• Data gap summary
• Stream Assessment Technical Memorandum
• Annotated bibliography of all relevant reports, research, and studies
• Literature review summaries
• Tabulation summary of infrastructure operations
• Data Needs and Recommendations memorandum
EXHIBIT A TO RESOLUTION 2024-099
Page 358
Item 21.
Exhibit A Page 4 of 8 Version 3.22.2024
Tasks
Task 4: Post-Fire Hazard Analysis
Description of Task:
The Consultant will engage with the Working Group to collect the necessary information to conduct post-fire hazard
evaluations within the WRW target area. A comprehensive post-fire hazard analysis was recently completed for
CPRW’s 2024 Upper Poudre Resiliency Plan that evaluated wildfire hazards, debris flow hazards, hillslope erosion
hazards, and road hazards to 7th-level watersheds. These analyses will be leveraged to support this task. The desired
geographic scope of each type of post-fire hazard analysis may be determined based on values and assets at risk,
expected post-fire hazard types, and the data necessary for pre-disaster mitigation planning and design. Existing
post-fire hazard data and the data gap analysis documented in Task 3 will inform the analysis needs for this task.
Method/Procedure:
Task 4.1 – Pre-Hazard-Modeling Risk Assessment: The Consultant will provide a high-level assessment of the WRW
target area to determine where post-fire hazards likely exist and where they may be a threat to water supplies and
infrastructure. The purpose of this assessment is to determine both the need for and level of detail appropriate for
each hazard type described below in Task 4.2 – Task 4.6. This assessment is meant to guide the Consultant and
Working Group to refine hazard analyses to areas and stream reaches where there is a significant risk to water
supplies and infrastructure.
Task 4.2 – Pre- and Post-Fire Hydrology: The Consultant will conduct a hydrologic analysis to compare pre- and
post-fire hydrology for critical stream reaches determined in the Pre-Hazard Modeling Risk Assessment (Task 4.1).
Task 4.3 – Post-Fire Hydraulics: The Consultant will develop a hydraulic model using the completed post-fire
hydrologic analysis (Task 4.2) to show both pre-fire and post-fire hydraulics for critical stream reaches identified in
the Pre-Hazard Modeling Risk Assessment (Task 4.1).
Task 4.4 – Fluvial Hazard Zones: The Consultant will develop Fluvial Hazard Zone (FHZ) delineations for critical
stream reaches identified in the Pre-Hazard Modeling Risk Assessment.
Task 4.5 – Debris Flow: Debris flow modeling was recently completed for 7th-level watersheds, within the Joe Wright
Creek watershed, Peterson Lake watershed, and portions of the Headwaters Michigan River watershed, as part of
the Upper Poudre Resiliency Plan update. The Consultant will conduct debris flow modeling for critical areas
identified in the Pre-Hazard Modeling Risk Assessment (Task 4.1) that have not been analyzed for debris flow hazard.
The analyses will be used to identify debris flow probability and predict debris flow volumes from specified rain
events.
Task 4.6 – Hillslope Erosion: Hillslope erosion modeling was recently completed for 7th-level watersheds, within the
Joe Wright Creek watershed, Peterson Lake watershed, and portions of the Headwaters Michigan River watershed,
as part of the Upper Poudre Resiliency Plan update. The Consultant will conduct hillslope erosion modeling for
critical areas identified in the Pre-Hazard Modeling Risk Assessment (Task 4.1) that have not been analyzed for debris
flow hazard.
Deliverables:
• Executive summary of post-fire hazard evaluations completed under the WRW Framework study including
a discussion regarding the Pre-Hazard Modeling Risk Assessment task and what areas or locations within
the watershed were determined to need further hazard evaluations.
• Hydrology Technical Memorandum with all supporting documentation, model computer files, and
associated GIS data.
• Hydraulics Technical Memorandum with all supporting documentation, model computer files, and
associated GIS data.
• Fluvial Hazard Technical Memorandum with all supporting documentation, model computer files, and
associated GIS data.
EXHIBIT A TO RESOLUTION 2024-099
Page 359
Item 21.
Exhibit A Page 5 of 8 Version 3.22.2024
• Debris Flow Technical Memorandum with all supporting documentation, model computer files, and
associated GIS data.
• Hillslope Erosion Technical Memorandum with all supporting documentation, model computer files, and
associated GIS data.
Tasks
Task 5: Susceptibility Analysis
Description of Task:
A susceptibility analysis will be completed to evaluate post-wildfire hazard risk to stakeholder values using the
collected GIS data, relevant information and reports (Task 3), post-fire hazard analyses (Task 4), and stakeholder
values identified through outreach and engagement (Task 2). This assessment will identify and prioritize critical
values at risk throughout the WRW target area; however, there will be a focus on water supply and
infrastructure.
Method/Procedure:
Task 5.1 – Intersection of Values at Risk with Hazards (point-of-impact): The Consultant will create a geospatial
overlay, using available or developed hazard data, of the identified stakeholder values and post-fire hazards. This
evaluation will be based on the WRW Framework Risk Matrix developed by CWCB. The intersection of assets and
hazards will generate a preliminary determination of whether assets are at risk from post-fire hazards.
Task 5.2 – Watershed Susceptibility Risk (watershed risk): The Consultant will use the collected data and outcomes
of Task 5.1 to compare post-fire susceptibility of HUC-14 (7th-level) or smaller watersheds throughout the WRW
target area. The analysis will develop a risk rating score (i.e. low, moderate, or high) to be used to understand the
severity of post-fire impacts on stakeholder values at the watershed level.
Task 5.3 – Susceptibility Analysis (stream corridor or stream reach risk): The Consultant will use the outcomes of
Tasks 5.1 and 5.2 to complete a susceptibility evaluation across the WRW target area for relevant and probable post-
fire hazard impacts. The primary focus of these evaluations will be on post-fire hazard impacts on water supplies
and infrastructure.
Task 5.4 – Reporting and Mapping: A susceptibility report and web-based map summarizing risk levels by
watershed, infrastructure type, and life/property will be produced based on the outcomes of Tasks 5.1 – 5.3.
Deliverables:
• Post-fire susceptibility report
• Post-fire susceptibility mapping including all supporting and developed GIS data
Tasks
Task 6:
Description of Task:
Building on the WRW Framework Study developed in Tasks 3 – 5, a WRAP will be developed that outlines both:
• Pre-Fire Actions: Actions, management strategies, and mitigation projects that can be implemented before
a wildfire to protect water supplies and infrastructure from post-fire hazards, and
• Post-Fire Actions: Actions, management strategies, and mitigation projects that can be implemented
following a fire to water supplies and infrastructure.
Estimates of implementation costs, permit requirements, timelines, stakeholders, and lead agency (project
manager) will be provided for all identified pre-fire and post-fire actions.
EXHIBIT A TO RESOLUTION 2024-099
Page 360
Item 21.
Exhibit A Page 6 of 8 Version 3.22.2024
Method/Procedure:
Task 6.1 – Pre-Disaster Preparedness Plan: The Consultant will work with the Working Group to develop a list of
possible actions to protect water supplies and infrastructure from post-fire hazards. The types of mitigation actions
will likely include watershed and stream restoration, infrastructure protection and upgrades, warning systems, water
supply systems, burn severity mitigation and fire prevention, and risk mitigation. Following this effort, the Consultant
will evaluate the suitability of locations within the WRW target area and along river corridors to support mitigation
projects that enhance floodplain connectivity, provide sediment storage, create floodplain storage, increase riparian
corridors and vegetative diversity, and incorporate restoration practices that complement the overall goals and
objectives of the WRAP. The list of actions and projects will be prioritized, based on input from the Working Group,
and a funding program summary will be developed that outlines where and how funding can be used and leveraged
to implement these actions and projects. The outcome of these efforts will be documented in a Pre-Disaster
Preparedness Plan.
Task 6.2 – Post-Disaster Preparedness Plan: The Consultant will work with the Working Group to develop a list of
actions that might be taken to further assess post-fire hazards, implement warning systems, and protect
infrastructure or values-at-risk from post-fire hazards. The types of mitigation actions will likely include post-fire
assessments, GIS data preparedness, contracting, agreements, infrastructure upgrades, and post-fire recovery
actions. The Consultant will then assist the Working Group in developing guidance and communications for
responding to post-fire recovery and determining roles and responsibilities, financial needs and capabilities, and
disaster response permitting. The outcome of these efforts will be documented in a Post-Disaster Preparedness
Plan.
Deliverables:
• Pre-Disaster Preparedness Plan
• Pre-Disaster action mapping including all supporting and developed GIS data
• Post-Disaster Preparedness Plan
• Post-Disaster action mapping including all supporting and developed GIS data
• Online web map displaying proposed pre- and post-mitigation activities (if funding allows)
Tasks
Task 7: Project Management and Administration
Description of Task:
Fort Collins will provide the overall project management of the WRW Framework Study. The City of Fort Collins will
manage all tasks required to perform design services including coordination with the Consultant, partners,
stakeholders, planning team, specialists, regulatory agencies, local governments, and other government partners.
This work will include:
• Supervising all Consultant team operations;
• Preparing bi-annual (six-month) progress reports to CWCB along with a final project report;
• Supporting public outreach efforts; and
• Monitoring progress of overall planning effort.
Method/Procedure:
The City of Fort Collins will:
• Provide overall project management, task management, and contractor management.
• Be the single point of contact to answer questions related to the WRW Framework Study and WRAP.
EXHIBIT A TO RESOLUTION 2024-099
Page 361
Item 21.
Exhibit A Page 7 of 8 Version 3.22.2024
• Provide grant administration, invoicing, and administrative functions.
• Be the primary point of contact for CWCB and will provide six-month and a final progress report, compile
reimbursement documentation, and final reporting
Deliverables:
• Six-month progress reports and a final report will be provided to document the successes (or challenges) of
the outreach and coordination efforts.
• Grant reimbursement documentation will also be provided.
• Project schedule and schedule updates to be provided with six-month progress reports
Budget and Schedule This Statement of Work is accompanied by a combined Budget and Schedule that reflects the tasks identified in the Statement of Work.
Reporting Requirements
Progress Reports: The grantee shall provide the CWCB a progress report every six months, beginning from the date of issuance of the grant agreement. The progress report shall describe the status of the tasks identified in the statement of work, including a description of any major issues that have occurred and any corrective action taken to address these issues.
Final Report: At completion of the project, the applicant shall provide the CWCB a final report on the applicant's letterhead that:
• Summarizes the project and how the project was completed.
• Describes any obstacles encountered, and how these obstacles were overcome.
• Confirms that all matching commitments have been fulfilled.
• Includes photographs, summaries of meetings and engineering reports/designs. The CWCB will pay out the last 10% of the budget when the final report is completed to the satisfaction of CWCB staff. Once the final report has been accepted, and final payment has been issued, the grant agreement will be closed without any further payment
Payment Payment will be made based on actual expenditures and must include invoices for all work completed. The request for payment must include a description of the work accomplished by task, an estimate of the percent completion for individual tasks and the entire project in relation to the percentage of budget spent, identification of any major issues, and proposed or implemented corrective actions. Costs incurred prior to the effective date of this grant agreement are not reimbursable. The last 10% of the entire grant will be paid out when the final deliverable has been received. All products, data and information developed as a result of the grant agreement must be provided to the CWCB as part of the project documentation.
Performance Measures
EXHIBIT A TO RESOLUTION 2024-099
Page 362
Item 21.
Exhibit A Page 8 of 8 Version 3.22.2024
Performance measures for the grant agreement shall include the following: (a) Performance standards and evaluation: Grantee will produce detailed deliverables for each task as specified. Grantee shall maintain receipts for all project expenses and documentation of the minimum in-kind contributions (if applicable) per the budget. Per grant guidelines, the CWCB will pay out the last 10% of the budget when the final report is completed to the satisfaction of CWCB staff. Once the final report has been accepted, and final payment has been issued, the grant agreement will be closed without any further payment. (b) Accountability: Per grant guidelines full documentation of project progress must be submitted with each invoice for reimbursement. Grantee must confirm that all grant conditions have been complied with on each invoice. In addition, per Grant Guidelines, progress reports must be submitted at least once every 6 months. A final report must be submitted and approved before final project payment. (c) Monitoring Requirements: Grantee is responsible for ongoing monitoring of project progress per Exhibit A. Progress shall be detailed in each invoice and in each progress report, as detailed above. Additional inspections or field consultations will be arranged as may be necessary. (d) Noncompliance Resolution: Payment will be withheld if grantee is not current on all grant conditions. Flagrant disregard for grant conditions will result in a stop work order and cancellation of the grant agreement.
EXHIBIT A TO RESOLUTION 2024-099
Page 363
Item 21.
Exhibit B Page 1 of 1 Version 3.22.2024
EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Agreement Number of the Original
Agreement
Current Agreement Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Agreement Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
Month Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month Day, Year State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
By: Name & Title of Person Signing for Agency or IHE
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:___________________________________________
Name of Agency or IHE Delegate-Please delete if agreement
will be routed to OSC for approval
Option Effective Date:_____________________
EXHIBIT A TO RESOLUTION 2024-099
Page 364
Item 21.
Exhibit C Page 1 of 1 Version 3.22.2024
EXHIBIT C, BUDGET
1. BUDGET BY US TREASURY EXPENDITURE CATEGORY
1.1 Expenditure Categories identified in Exhibit C will determine what is reported on as outlined in
Exhibits D-G.
Project
Number
Project Title
US Treasury Expenditure Category
Number and Name
Budget
RRP020 Poudre Water Supply
Infrastructure WRAP
6.1 Revenue Replacement; Provisions of
Government Services
$209,688.00
Total
2. BUDGET BY FUNCTION
3. EXPENDITURE CATEGORY MODIFICATIONS
3.1 Increases or decreases in any Expenditure Category must be requested and approved by the State
Agency by using the SLFRF Expenditure Modification Form. This form can be found at:
https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement Templates tab)
EXHIBIT A TO RESOLUTION 2024-099
Page 365
Item 21.
Exhibit D Page 1 of 16 Version 3.22.2024
Exhibit D, Federal Provisions
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict between the provisions of these Federal
Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits
incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall
control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including
ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and
Conditions, Treasury’s Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient),
must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting
requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non-Federal Entity receives or
administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in a management
position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US
Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance,
State and Local Fiscal Recovery Funds” report available at www.treasury.gov.
EXHIBIT A TO RESOLUTION 2024-099
Page 366
Item 21.
Exhibit D Page 2 of 16 Version 3.22.2024
2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal
Provisions are attached. Grantee also means Subrecipient.
2.1.8. “Non-Federal Entity” means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal Award as a Recipient or a
Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other
organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or
in part by a Federal Award. The terms and conditions of the Federal Award flow down
to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101. The term does not include
payments to a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under
an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime
Recipient to support the performance of the Federal project or program for which the
Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance requirements. The
term does not include an individual who is a beneficiary of a federal program. For SLFRF
Grants, a subrecipient relationship continues to exist for Expenditure Category 6.1
Revenue Replacement. Subrecipient also means Grantee.
2.1.15. “System for Award Management (SAM)” means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov.
2.1.16. “Total Compensation” means the cash and noncash dollar value earned by an Executive
during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-
10, as prescribed in 48 CFR 4.1403(a)) and includes the following:
2.1.16.1. Salary and bonus;
EXHIBIT A TO RESOLUTION 2024-099
Page 367
Item 21.
Exhibit D Page 3 of 16 Version 3.22.2024
2.1.16.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.16.3. Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
2.1.16.4. Change in present value of defined benefit and actuarial pension plans;
2.1.16.5. Above-market earnings on deferred compensation which is not tax-qualified;
2.1.16.6. Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000.
2.1.17. “Transparency Act” means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.18. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
2.1.19. “Unique Entity ID” means the Unique Entity ID established by the federal government
for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all provisions of the Uniform Guidance, and all
applicable Federal Laws and regulations required by this Federal Award Any revisions to
such provisions or regulations shall automatically become a part of these Federal Provisions,
without the necessity of either party executing any further instrument. The State of Colorado,
at its discretion, may provide written notification to Grantee of such revisions, but such notice
shall not be a condition precedent to the effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not include a
term or conditions that undermines efforts to stop COVID-19 or discourages compliance with
recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID (UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually after
the initial registration, and more frequently if required by changes in the information.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee’s information at https://www.sam.gov at least annually after the initial registration,
and more frequently if required by changes in Grantee’s information.
5. TOTAL COMPENSATION.
EXHIBIT A TO RESOLUTION 2024-099
Page 368
Item 21.
Exhibit D Page 4 of 16 Version 3.22.2024
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements
and Subcontractors and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the
Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct
payment shall be made to Grantee for providing any reports required under these Federal
Provisions and the cost of producing such reports shall be included in the Grant price. The
reporting requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated
into this Grant and shall become part of Grantee’s obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de-obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements. If the total
award is below $30,000 no reporting required; if more than $30,000 and less than $50,000
then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in
Exhibit F to report to the State Agency within ten (10) days following each quarter ended
September, December, March and June. Additional information on specific requirements
are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and "Compliance
and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov.
EXHIBIT A TO RESOLUTION 2024-099
Page 369
Item 21.
Exhibit D Page 5 of 16 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
Page 370
Item 21.
Exhibit D Page 6 of 16 Version 3.22.2024
EC 1 – Public Health
All Public Health Projects
a) Description of structure and objectives
b) Description of relation to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a) Amount of total project used for evidence-based programs
b) Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served
COVID-19 Assistance to Non-Profits (1.9)
a) Number of non-profits served
COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
a) Sector of employer
b) Purpose of funds
EC 2 – Negative Economic Impacts
All Negative Economic Impacts Projects
a) Description of project structure and objectives
b) Description of project’s response to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Amount of total project used for evidence-based programs and description of evaluation
plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36)
e) Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs
h) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
Household Assistance (2.1-2.8)
a) Number of households served
EXHIBIT A TO RESOLUTION 2024-099
Page 371
Item 21.
Exhibit D Page 7 of 16 Version 3.22.2024
b) Number of people or households receiving eviction prevention services (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022)
c) Number of affordable housing units preserved or developed (2.2 & 2.5 only) (Federal
guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a) Number of children served by childcare and early learning (Federal guidance may change
this requirement in July 2022)
b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14, 2.24-2.27)
a) National Center for Education Statistics (“NCES”) School ID or NCES District ID
b) Number of students participating in evidence-based programs (Federal guidance may
change this requirement in July 2022)
Housing Support (2.15, 2.16, 2.18)
a) Number of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served
Assistance to Non-Profits (2.34)
a) Number of non-profits served
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (2.35-2.36)
a) Sector of employer
b) Purpose of funds
c) If other than travel, tourism and hospitality (2.36) – description of hardship
EC 3 – Public Health – Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a) Number of government FTEs responding to COVID-19
Rehiring Public Sector Staff (EC 3.2)
a) Number of FTEs rehired by governments
EC 4 – Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if beyond
those listed in the final rule
b) Numbers of workers served
c) Employer sector for all subawards to third-party employers
d) Written narrative justification of how premium pay is responsive to essential work during
the public health emergency for non-exempt workers or those making over 150 percent of
the state/county’s average annual wage
EXHIBIT A TO RESOLUTION 2024-099
Page 372
Item 21.
Exhibit D Page 8 of 16 Version 3.22.2024
e) Number of workers to be served with premium pay in K-12 schools
EC 5 – Infrastructure Projects
All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year)
c) Location (for broadband, geospatial data of locations to be served)
d) Projects over $10 million
i. Prevailing wage certification or detailed project employment and local impact
report
ii. Project labor agreement certification or project workforce continuity plan
iii. Prioritization of local hires
iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if
applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with the
Drinking Water State Revolving Fund)
c) Median Household Income of service area
d) Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i. If the project is not designed to reliably meet or exceed symmetrical 100 Mbps
download and upload speeds, explain why not, and
ii. Confirm that the project is designed to, upon completion, meet or exceed 100
Mbps download speed and between at least 20 Mbps and 100 Mbps upload
speed, and be scalable to a minimum of 100 Mbps download speed and 100
Mbps upload speed.
b) Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance, including, but
not limited to (Federal guidance may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal lands and those
not on Tribal lands) that have gained increased access to broadband meeting
the minimum speed standards in areas that previously lacked access to service
of at least 25 Mbps download and 3 Mbps upload, with the number of
households with access to minimum speed standard of reliable 100 Mbps
symmetrical upload and download and number of households with access to
minimum speed standard of reliable 100 Mbps download and 20 Mbps upload
ii. Number of institutions and businesses (broken out by institutions on Tribal
lands and those not on Tribal lands) that have projected increased access to
broadband meeting the minimum speed standards in areas that previously
EXHIBIT A TO RESOLUTION 2024-099
Page 373
Item 21.
Exhibit D Page 9 of 16 Version 3.22.2024
lacked access to service of at least 25 Mbps download and 3 Mbps upload, in
each of the following categories: business, small business, elementary school,
secondary school, higher education institution, library, healthcare facility, and
public safety organization, with the number of each type of institution with
access to the minimum speed standard of reliable 100 Mbps symmetrical
upload and download; and number of each type of institution with access to
the minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the
speed/pricing of its affordability offering, technology to be deployed, miles of
fiber, cost per mile, cost per passing, number of households (broken out by
households on Tribal lands and those not on Tribal lands) projected to have
increased access to broadband meeting the minimum speed standards in areas
that previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, number of households with access to minimum speed standard
of reliable 100 Mbps symmetrical upload and download, number of
households with access to minimum speed standard of reliable 100 Mbps
download and 20 Mbps upload, and number of institutions and businesses
(broken out by institutions on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of at least 25 Mbps
download and 3 Mbps upload, in each of the following categories: business,
small business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization. Specify
the number of each type of institution with access to the minimum speed
standard of reliable 100 Mbps symmetrical upload and download; and the
number of each type of institution with access to the minimum speed standard
of reliable 100 Mbps download and 20 Mbps upload.
All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later than
five days after the end of the month following the month in which the Subaward was
made.
8.1.2.1. Subrecipient Unique Entity ID;
8.1.2.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT)
account;
8.1.2.3. Subrecipient parent’s organization Unique Entity ID;
8.1.2.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4,
and Congressional District;
EXHIBIT A TO RESOLUTION 2024-099
Page 374
Item 21.
Exhibit D Page 10 of 16 Version 3.22.2024
8.1.2.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.2.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives
if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following
data elements:
8.1.3.1. Subrecipient’s Unique Entity IDas registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities. See
the "Project Demographic Distribution" section in the "Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov. This requirement is applicable to all projects in Expenditure
Categories 1 and 2.
8.1.3.4. Narrative identifying funds allocated towards evidenced-based interventions and
the evidence base. See the “Use of Evidence” section in the “Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov. See section 8.1.1 for relevant Expenditure Categories.
8.1.3.5. Narrative describing the structure and objectives of the assistance program and in
what manner the aid responds to the public health and negative economic impacts
of COVID-19. This requirement is applicable to Expenditure Categories 1 and 2.
For aid to travel, tourism, and hospitality or other impacted industries (EC 2.11-
2.12), also provide the sector of employer, purpose of funds, and if not travel,
tourism and hospitality a description of the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the health and
well-being of residents by the chief executive of the jurisdiction and the number
of workers expected to be served. For groups of workers (e.g., an operating unit,
a classification of worker, etc.) or, to the extent applicable, individual workers,
other than those where the eligible worker receiving premium pay is earning (with
the premium pay included) below 150 percent of their residing state or county’s
average annual wage for all occupations, as defined by the Bureau of Labor
Statistics Occupational Employment and Wage Statistics, whichever is higher,
OR the eligible worker receiving premium pay is not exempt from the Fair Labor
Standards Act overtime provisions, include justification of how the premium pay
or grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not include
personally identifiable information. This requirement applies to EC 4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5), or capital expenditures in any expenditure
category, narrative identifying the projected construction start date (month/year),
projected initiation of operations date (month/year), and location (for broadband,
geospatial location data).
8.1.3.7.1. For projects over $10 million:
EXHIBIT A TO RESOLUTION 2024-099
Page 375
Item 21.
Exhibit D Page 11 of 16 Version 3.22.2024
8.1.3.7.1.1. Certification that all laborers and mechanics employed by
Contractors and Subcontractors in the performance of such project are paid wages
at rates not less than those prevailing, as determined by the U.S. Secretary of
Labor in accordance with subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the "Davis-Bacon Act"), for the corresponding classes
of laborers and mechanics employed on projects of a character similar to the
Agreement work in the civil subdivision of the State (or the District of Columbia)
in which the work is to be performed, or by the appropriate State entity pursuant
to a corollary State prevailing-wage-in-construction law (commonly known as
"baby Davis-Bacon Acts"). If such certification is not provided, a recipient must
provide a project employment and local impact report detailing (1) the number of
employees of Contractors and sub-contractors working on the project; (2) the
number of employees on the project hired directly and hired through a third party;
(3) the wages and benefits of workers on the project by classification; and (4)
whether those wages are at rates less than those prevailing. Recipients must
maintain sufficient records to substantiate this information upon request.
8.1.3.7.2. A Subrecipient may provide a certification that a project includes a project
labor agreement, meaning a pre-hire collective bargaining agreement
consistent with section 8(f) of the National Labor Relations Act (29 U.S.C.
158(f)). If the recipient does not provide such certification, the recipient must
provide a project workforce continuity plan, detailing: (1) how the Subrecipient
will ensure the project has ready access to a sufficient supply of appropriately
skilled and unskilled labor to ensure high-quality construction throughout the
life of the project; (2) how the Subrecipient will minimize risks of labor
disputes and disruptions that would jeopardize timeliness and cost-
effectiveness of the project; and (3) how the Subrecipient will provide a safe
and healthy workplace that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the project will receive
wages and benefits that will secure an appropriately skilled workforce in the
context of the local or regional labor market; and (5) whether the project has
completed a project labor agreement.
8.1.3.7.3. Whether the project prioritizes local hires.
8.1.3.7.4. Whether the project has a Community Benefit Agreement, with a description
of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the US
Treasury, Governor’s Office and Office of the State Controller. The State of Colorado may
need additional reporting requirements after this agreement is executed. If there are
additional reporting requirements, the State will provide notice of such additional reporting
requirements via Exhibit G – SLFRF Reporting Modification Form.
EXHIBIT A TO RESOLUTION 2024-099
Page 376
Item 21.
Exhibit D Page 12 of 16 Version 3.22.2024
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non-Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all Agreements and purchase orders for work or products under
this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its Contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of 2
CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart
F-Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s
fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements
of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31
U.S.C. 7501-7507). 2 CFR 200.501.
EXHIBIT A TO RESOLUTION 2024-099
Page 377
Item 21.
Exhibit D Page 13 of 16 Version 3.22.2024
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform
Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-
specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits).
The Subrecipient may elect to have a program-specific audit if Subrecipient expends
Federal Awards under only one Federal program (excluding research and development)
and the Federal program’s statutes, regulations, or the terms and conditions of the Federal
award do not require a financial statement audit of Prime Recipient. A program-specific
audit may not be elected for research and development unless all of the Federal Awards
expended were received from Recipient and Recipient approves in advance a program-
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its
fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that
year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records
shall be available for review or audit by appropriate officials of the Federal agency, the
State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform Guidance.
Subrecipient shall prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements)
and provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit
required by Uniform Guidance Subpart F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all Subcontractors
entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that
meet the definition of “federally assisted construction Agreement” in 41 CFR Part 60-1.3
shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,”
and implementing regulations at 41 CFR part 60, Office of Federal Agreement
Compliance Programs, Equal Employment Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction, alteration
and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-
3148).
EXHIBIT A TO RESOLUTION 2024-099
Page 378
Item 21.
Exhibit D Page 14 of 16 Version 3.22.2024
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the
Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Agreements and Cooperative Agreements,” and any implementing
regulations issued by the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-Federal awardees to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and
the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Agreement, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Contract with the Enemy”
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories, and are in support
of a contingency operation in which members of the Armed Forces are actively engaged
in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to
2 CFR 200.216.
EXHIBIT A TO RESOLUTION 2024-099
Page 379
Item 21.
Exhibit D Page 15 of 16 Version 3.22.2024
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
recipients of federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
this Agreement (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.
C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations,
31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or
agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with
Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit to State
Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently
if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in
writing to the State at the end of the Award that the project or activity was completed or the
level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort
was not carried out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30-day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to
comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized
by law, if an award no longer effectuates the program goals or agency priorities;
EXHIBIT A TO RESOLUTION 2024-099
Page 380
Item 21.
Exhibit D Page 16 of 16 Version 3.22.2024
15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-
Federal Entity, in which case the two parties must agree upon the termination conditions,
including the effective date and, in the case of partial termination, the portion to be
terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass-through Entity determines in the case
of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the
Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its
entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
EXHIBIT A TO RESOLUTION 2024-099
Page 381
Item 21.
Exhibit E Page 1 of 9 Version 3.22.2024
Exhibit E, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY
FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American
Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of
the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State
Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with
Treasury as a condition of receiving such payments from the Treasury. This agreement is
between your organization and the State and your organization is signing and certifying the
same terms and conditions included in the State’s separate agreement with Treasury. Your
organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out the
activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your
organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative
has read and understood the organization’s obligations in the Assurances of Compliance and
Civil Rights Requirements, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name __________________________________
Authorized Representative: _______________________________
Title: __________________________________
Signature: ___________________________
EXHIBIT A TO RESOLUTION 2024-099
Page 382
Item 21.
Exhibit E Page 2 of 9 Version 3.22.2024
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award may only
be used in compliance with section 602(c) of the Social Security Act (the Act) and
Treasury’s regulations implementing that section and guidance.
b. Subrecipient will determine prior to engaging in any project using this assistance that
it has the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
Period of Performance. The period of performance for this subaward is shown on page one
of this Agreement. Subrecipient may use funds to cover eligible costs incurred, as set forth
in Treasury’s implementing regulations, during this period of performance.
Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award. Subrecipient also agrees to comply with any reporting requirements
established by the Governor’s Office and Office of the State Controller. The State will provide
notice of such additional reporting requirements via Exhibit G – Reporting Modification Form.
Maintenance of and Access to Records
a. Subrecipient shall maintain records and financial documents sufficient to evidence
compliance with section 602(c), Treasury’s regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office,
or their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Subrecipient in order to conduct audits or other investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds
have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
Administrative Costs. Subrecipient may use funds provided under this award to cover both
direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued
by the Governor’s Office and Office of the State Controller.
EXHIBIT A TO RESOLUTION 2024-099
Page 383
Item 21.
Exhibit E Page 3 of 9 Version 3.22.2024
Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict
of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Subrecipient and Contractors must
disclose in writing to the Office of the State Controller or the pass-through entity, as appropriate,
any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §
200.112. The Office of the State Controller shall disclose such conflict to Treasury.
Compliance with Applicable Law and Regulations.
a. Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance
issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all
other applicable federal statutes, regulations, and executive orders, and Subrecipient
shall provide for such compliance by other parties in any agreements it enters into with
other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions
as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F – Audit
Requirements of the Uniform Guidance, implementing the Single Audit Act,
shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (Agreements and
Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is
subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31
C.F.R. Part 19.
v. Subrecipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
EXHIBIT A TO RESOLUTION 2024-099
Page 384
Item 21.
Exhibit E Page 4 of 9 Version 3.22.2024
vi. Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of
race, color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Subrecipient’s noncompliance with section 602 of the
Act, other applicable laws, Treasury’s implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of
the Act regarding the use of funds, previous payments shall be subject to recoupment as
EXHIBIT A TO RESOLUTION 2024-099
Page 385
Item 21.
Exhibit E Page 5 of 9 Version 3.22.2024
provided in section 602(e) of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act
(5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed
in whole or in part by this federal assistance.
False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or Agreements, and/or any other remedy
available by law.
Publications. Any publications produced with funds from this award must display the
following language: “This project [is being] [was] supported, in whole or in part, by
federal award number SLFRF0126 awarded to the State of Colorado by the U.S.
Department of the Treasury.”
Debts Owed the Federal Government.
a. Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms of this
award; (2) that are determined by the Treasury Office of Inspector General to have
been misused; or (3) that are determined by Treasury to be subject to a repayment
obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not
been repaid by the Subrecipient shall constitute a debt to the federal government.
b. Any debts determined to be owed to the federal government must be paid promptly
by Subrecipient. A debt is delinquent if it has not been paid by the date specified in
Treasury’s initial written demand for payment, unless other satisfactory
arrangements have been made or if the Subrecipient knowingly or improperly
retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
actions available to it to collect such a debt.
Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses resulting in
any way from the performance of this award or any other losses resulting in any
way from the performance of this award or any Agreement, or Subcontractor under
this award.
b. The acceptance of this award by Subrecipient does not in any way establish an
agency relationship between the United States and Subrecipient.
Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
EXHIBIT A TO RESOLUTION 2024-099
Page 386
Item 21.
Exhibit E Page 6 of 9 Version 3.22.2024
believes is evidence of gross mismanagement of a federal Agreement or grant, a gross
waste of federal funds, an abuse of authority relating to a federal Agreement or grant,
a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for Agreement or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient, Contractor, or
Subcontractor who has the responsibility to investigate, discover, or
address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce
on-the-job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors
to adopt and enforce policies that ban text messaging while driving, and Subrecipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
EXHIBIT A TO RESOLUTION 2024-099
Page 387
Item 21.
Exhibit E Page 7 of 9 Version 3.22.2024
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance
may include federal grants, loans and Agreements to provide assistance to the Subrecipient’s
beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing
assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance,
regulated programs, licenses, procurement Agreements by the Federal government at market value,
or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may request
in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient’s program(s) and activity(ies), so long as any
portion of the Subrecipient’s program(s) or activity(ies) is federally assisted in the manner
prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally assisted
programs and activities for individuals who, because of national origin, have Limited English
proficiency (LEP). Subrecipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s
implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply
with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Subrecipient understands and agrees that
meaningful access may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the
Subrecipient’s programs, services, and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities. As a
resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For
more information on taking reasonable steps to provide meaningful access for LEP persons,
please visit http://www.lep.gov.
EXHIBIT A TO RESOLUTION 2024-099
Page 388
Item 21.
Exhibit E Page 8 of 9 Version 3.22.2024
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient’s successors, transferees, and assignees for the period in which such assistance is
provided.
5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above,
and agrees to incorporate the following language in every Agreement or agreement subject to
Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees,
Contractors, Subcontractors, successors, transferees, and assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of federal financial
assistance from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance
obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations. Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that
may result from these actions. The Subrecipient shall comply with information requests, on-site
compliance reviews and reporting requirements.
8. Subrecipient shall notify the OSC, who will report to the Department of Treasury, any complaints
of discrimination on the grounds of race, color, or national origin, and limited English proficiency
covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,
upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome.
9. Subrecipient must provide documentation of an administrative agency’s or court’s findings
of non-compliance of Title VI and efforts to address the non-compliance, including any
voluntary compliance or other agreements between the Subrecipient and the administrative
agency that made the finding. If the Subrecipient settles a case or matter alleging such
discrimination, the Subrecipient must provide documentation of the settlement. If
EXHIBIT A TO RESOLUTION 2024-099
Page 389
Item 21.
Exhibit E Page 9 of 9 Version 3.22.2024
Subrecipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable
authorities covered in this document State agencies that make sub-awards must have in place
standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
EXHIBIT A TO RESOLUTION 2024-099
Page 390
Item 21.
Exhibit F Page 1 of 1 Version 3.22.2024
EXHIBIT F, SLFRF SUBRECIPIENT QUARTERLY REPORT
1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be submitted to the State Agency
within ten (10) days following each quarter ended September, December, March and June.
The SLFRF Subrecipient Quarterly Report Workbook can be found at:
https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement Templates
tab)
EXHIBIT A TO RESOLUTION 2024-099
Page 391
Item 21.
Exhibit G Page 1 of 1 Version 3.22.2024
Exhibit G – SAMPLE SLFRF REPORTING MODIFICATION FORM
This form serves as notification that there has been a change to the reporting requirements set forth in
the original SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as necessary):
Updated Reporting
Requirement
(Add/Delete/Modify)
Project Number Reporting Requirement
By signing this form, the Grantee agrees to and acknowledges the changes to the reporting
requirements set forth in the original SLFRF Grant Agreement. All other terms and conditions of the
original SLFRF Grant Agreement, with any approved modifications, remain in full force and effect.
Grantee shall submit this form to the State Agency within 10 business days of the date sent by that
Agency.
____________________________________ _______________________________
Grantee Date
____________________________________ _______________________________
State Agency Grant Manager Date
Grantee: Grant Agreement No:
Project Title: Project No:
Project Duration: To: From:
State Agency:
EXHIBIT A TO RESOLUTION 2024-099
Page 392
Item 21.
Exhibit H Page 1 of 2 Version 3.22.2024
EXHIBIT H-PII CERTIFICATION
STATE OF COLORADO
THIRD PARTY INDIVIDUAL CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I hereby certify under the penalty of perjury that I have not and will
not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the
purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration
Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and
Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so
to comply with Federal or State law, or to comply with a court-issued subpoena, warrant or order.
Signature: __________________________
Printed Name: __________________________
Date: ___________
EXHIBIT A TO RESOLUTION 2024-099
Page 393
Item 21.
Exhibit H Page 2 of 2 Version 3.22.2024
EXHIBIT H-PII CERTIFICATION
STATE OF COLORADO
THIRD PARTY ENTITY / ORGANIZATION CERTIFICATION FOR ACCESS TO PII
THROUGH A DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of __________________________
(legal name of entity / organization) (the “Organization”), hereby certify under the penalty of perjury
that the Organization has not and will not use or disclose any Personal Identifying Information, as
defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating
with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration
laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§
1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court-
issued subpoena, warrant or order.
I hereby represent and certify that I have full legal authority to execute this certification on behalf of the
Organization.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
EXHIBIT A TO RESOLUTION 2024-099
Page 394
Item 21.
Exhibit I Page 1 of 10 Version 3.22.2024
EXHIBIT I - HIPAA BUSINESS ASSOCIATE AGREEMENT
This HIPAA Business Associate Agreement (“Agreement”) between the State and Contractor is agreed
to in connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is
referred to as “Covered Entity” and the Contractor is referred to as “Business Associate”. Unless the
context clearly requires a distinction between the Contract and this Agreement, all references to
“Contract” shall include this Agreement.
1. Purpose
Covered Entity wishes to disclose information to Business Associate, which may include Protected
Health Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI
in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub.
L. No. 104-191 (1996) as amended by the Health Information Technology for Economic and Clinical
Health Act (“HITECH Act”) enacted under the American Recovery and Reinvestment Act of 2009
(“ARRA”) Pub. L. No. 111–5 (2009), implementing regulations promulgated by the U.S. Department
of Health and Human Services at 45 C.F.R. Parts 160, 162 and 164 (the “HIPAA Rules”) and other
applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is required to enter into an
agreement with Business Associate containing specific requirements as set forth in, but not limited to,
Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations (“C.F.R.”)
and all other applicable laws and regulations, all as may be amended.
2. Definitions
The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules:
Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual,
Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law,
Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.
The following terms used in this Agreement shall have the meanings set forth below:
a. Business Associate. “Business Associate” shall have the same meaning as the term “business
associate” at 45 C.F.R. 160.103, and shall refer to Contractor.
b. Covered Entity. “Covered Entity” shall have the same meaning as the term “covered entity”
at 45 C.F.R. 160.103, and shall refer to the State.
c. Information Technology and Information Security. “Information Technology” and
“Information Security” shall have the same meanings as the terms “information technology”
and “information security”, respectively, in §24-37.5-102, C.R.S.
Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the
meanings ascribed to them in the Contract.
EXHIBIT A TO RESOLUTION 2024-099
Page 395
Item 21.
Exhibit I Page 2 of 10 Version 3.22.2024
3. Obligations and Activities of Business Associate
a. Permitted Uses and Disclosures.
i. Business Associate shall use and disclose PHI only to accomplish Business
Associate’s obligations under the Contract.
i. To the extent Business Associate carries out one or more of Covered Entity’s
obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply
with any and all requirements of Subpart E that apply to Covered Entity in the
performance of such obligation.
ii. Business Associate may disclose PHI to carry out the legal responsibilities of
Business Associate, provided, that the disclosure is Required by Law or Business
Associate obtains reasonable assurances from the person to whom the information is
disclosed that:
A. the information will remain confidential and will be used or disclosed only as
Required by Law or for the purpose for which Business Associate originally
disclosed the information to that person, and;
B. the person notifies Business Associate of any Breach involving PHI of which
it is aware.
iii. Business Associate may provide Data Aggregation services relating to the Health
Care Operations of Covered Entity. Business Associate may de-identify any or all
PHI created or received by Business Associate under this Agreement, provided the
de-identification conforms to the requirements of the HIPAA Rules.
b. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use,
and disclose only the minimum amount of PHI necessary to accomplish the objectives of the
Contract, in accordance with the Minimum Necessary Requirements of the HIPAA Rules
including, but not limited to, 45 C.F.R. 164.502(b) and 164.514(d).
c. Impermissible Uses and Disclosures.
i. Business Associate shall not disclose the PHI of Covered Entity to another covered
entity without the written authorization of Covered Entity.
ii. Business Associate shall not share, use, disclose or make available any Covered
Entity PHI in any form via any medium with or to any person or entity beyond the
boundaries or jurisdiction of the United States without express written authorization
from Covered Entity.
d. Business Associate's Subcontractors.
i. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and
164.308(b)(2), ensure that any Subcontractors who create, receive, maintain, or
EXHIBIT A TO RESOLUTION 2024-099
Page 396
Item 21.
Exhibit I Page 3 of 10 Version 3.22.2024
transmit PHI on behalf of Business Associate agree in writing to the same restrictions,
conditions, and requirements that apply to Business Associate with respect to
safeguarding PHI.
ii. Business Associate shall provide to Covered Entity, on Covered Entity’s request, a
list of Subcontractors who have entered into any such agreement with Business
Associate.
iii. Business Associate shall provide to Covered Entity, on Covered Entity’s request,
copies of any such agreements Business Associate has entered into with
Subcontractors.
e. Access to System. If Business Associate needs access to a Covered Entity Information
Technology system to comply with its obligations under the Contract or this Agreement,
Business Associate shall request, review, and comply with any and all policies applicable to
Covered Entity regarding such system including, but not limited to, any policies promulgated
by the Office of Information Technology and available at http://oit.state.co.us/about/policies.
f. Access to PHI. Business Associate shall, within ten days of receiving a written request from
Covered Entity, make available PHI in a Designated Record Set to Covered Entity as
necessary to satisfy Covered Entity’s obligations under 45 C.F.R. 164.524.
g. Amendment of PHI.
i. Business Associate shall within ten days of receiving a written request from Covered
Entity make any amendment to PHI in a Designated Record Set as directed by or
agreed to by Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as
necessary to satisfy Covered Entity’s obligations under 45 C.F.R. 164.526.
ii. Business Associate shall promptly forward to Covered Entity any request for
amendment of PHI that Business Associate receives directly from an Individual.
h. Accounting Rights. Business Associate shall, within ten days of receiving a written request
from Covered Entity, maintain and make available to Covered Entity the information
necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure
under 45 C.F.R. 164.528.
i. Restrictions and Confidential Communications.
i. Business Associate shall restrict the Use or Disclosure of an Individual’s PHI within
ten days of notice from Covered Entity of:
A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or
B. a request for confidential communication of PHI pursuant to 45 C.F.R.
164.522.
EXHIBIT A TO RESOLUTION 2024-099
Page 397
Item 21.
Exhibit I Page 4 of 10 Version 3.22.2024
ii. Business Associate shall not respond directly to an Individual’s requests to restrict
the Use or Disclosure of PHI or to send all communication of PHI to an alternate
address.
iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity
can coordinate and prepare a timely response to the requesting Individual and provide
direction to Business Associate.
j. Governmental Access to Records. Business Associate shall make its facilities, internal
practices, books, records, and other sources of information, including PHI, available to the
Secretary for purposes of determining compliance with the HIPAA Rules in accordance with
45 C.F.R. 160.310.
k. Audit, Inspection and Enforcement.
i. Business Associate shall obtain and update at least annually a written assessment
performed by an independent third party reasonably acceptable to Covered Entity,
which evaluates the Information Security of the applications, infrastructure, and
processes that interact with the Covered Entity data Business Associate receives,
manipulates, stores and distributes. Upon request by Covered Entity, Business
Associate shall provide to Covered Entity the executive summary of the assessment.
ii. Business Associate, upon the request of Covered Entity, shall fully cooperate with
Covered Entity’s efforts to audit Business Associate’s compliance with applicable
HIPAA Rules. If, through audit or inspection, Covered Entity determines that
Business Associate’s conduct would result in violation of the HIPAA Rules or is in
violation of the Contract or this Agreement, Business Associate shall promptly
remedy any such violation and shall certify completion of its remedy in writing to
Covered Entity.
l. Appropriate Safeguards.
i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45
C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of PHI
other than as provided in this Agreement.
ii. Business Associate shall safeguard the PHI from tampering and unauthorized
disclosures.
iii. Business Associate shall maintain the confidentiality of passwords and other data
required for accessing this information.
iv. Business Associate shall extend protection beyond the initial information obtained
from Covered Entity to any databases or collections of PHI containing information
derived from the PHI. The provisions of this section shall be in force unless PHI is
de-identified in conformance to the requirements of the HIPAA Rules.
m. Safeguard During Transmission.
EXHIBIT A TO RESOLUTION 2024-099
Page 398
Item 21.
Exhibit I Page 5 of 10 Version 3.22.2024
i. Business Associate shall use reasonable and appropriate safeguards including,
without limitation, Information Security measures to ensure that all transmissions of
PHI are authorized and to prevent use or disclosure of PHI other than as provided for
by this Agreement.
ii. Business Associate shall not transmit PHI over the internet or any other insecure or
open communication channel unless the PHI is encrypted or otherwise safeguarded
with a FIPS-compliant encryption algorithm.
n. Reporting of Improper Use or Disclosure and Notification of Breach.
i. Business Associate shall, as soon as reasonably possible, but immediately after
discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not
provided for by this Agreement, including a Breach of Unsecured Protected Health
Information as such notice is required by 45 C.F.R. 164.410 or a breach for which
notice is required under §24-73-103, C.R.S.
ii. Such notice shall include the identification of each Individual whose Unsecured
Protected Health Information has been, or is reasonably believed by Business
Associate to have been, accessed, acquired, or disclosed during such Breach.
iii. Business Associate shall, as soon as reasonably possible, but immediately after
discovery of any Security Incident that does not constitute a Breach, notify Covered
Entity of such incident.
iv. Business Associate shall have the burden of demonstrating that all notifications were
made as required, including evidence demonstrating the necessity of any delay.
o. Business Associate’s Insurance and Notification Costs.
i. Business Associate shall bear all costs of a Breach response including, without
limitation, notifications, and shall maintain insurance to cover:
A. loss of PHI data;
B. Breach notification requirements specified in HIPAA Rules and in §24-73-
103, C.R.S.; and
C. claims based upon alleged violations of privacy rights through improper use
or disclosure of PHI.
ii. All such policies shall meet or exceed the minimum insurance requirements of the
Contract or otherwise as may be approved by Covered Entity (e.g., occurrence basis,
combined single dollar limits, annual aggregate dollar limits, additional insured
status, and notice of cancellation).
EXHIBIT A TO RESOLUTION 2024-099
Page 399
Item 21.
Exhibit I Page 6 of 10 Version 3.22.2024
iii. Business Associate shall provide Covered Entity a point of contact who possesses
relevant Information Security knowledge and is accessible 24 hours per day, 7 days
per week to assist with incident handling.
iv. Business Associate, to the extent practicable, shall mitigate any harmful effect known
to Business Associate of a Use or Disclosure of PHI by Business Associate in
violation of this Agreement.
p. Subcontractors and Breaches.
i. Business Associate shall enter into a written agreement with each of its
Subcontractors and agents, who create, receive, maintain, or transmit PHI on behalf
of Business Associate. The agreements shall require such Subcontractors and agents
to report to Business Associate any use or disclosure of PHI not provided for by this
Agreement, including Security Incidents and Breaches of Unsecured Protected Health
Information, on the first day such Subcontractor or agent knows or should have
known of the Breach as required by 45 C.F.R. 164.410.
ii. Business Associate shall notify Covered Entity of any such report and shall provide
copies of any such agreements to Covered Entity on request.
q. Data Ownership.
i. Business Associate acknowledges that Business Associate has no ownership rights
with respect to the PHI.
ii. Upon request by Covered Entity, Business Associate immediately shall provide
Covered Entity with any keys to decrypt information that the Business Association
has encrypted and maintains in encrypted form, or shall provide such information in
unencrypted usable form.
r. Retention of PHI. Except upon termination of this Agreement as provided in Section 5 below,
Business Associate and its Subcontractors or agents shall retain all PHI throughout the term
of this Agreement, and shall continue to maintain the accounting of disclosures required
under Section 3.h above, for a period of six years.
4. Obligations of Covered Entity
a. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate
safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity,
and security of PHI transmitted pursuant to this Agreement, in accordance with the standards
and requirements of the HIPAA Rules.
b. Notice of Changes.
i. Covered Entity maintains a copy of its Notice of Privacy Practices on its website.
Covered Entity shall provide Business Associate with any changes in, or revocation of,
EXHIBIT A TO RESOLUTION 2024-099
Page 400
Item 21.
Exhibit I Page 7 of 10 Version 3.22.2024
permission to use or disclose PHI, to the extent that it may affect Business Associate’s
permitted or required uses or disclosures.
ii. Covered Entity shall notify Business Associate of any restriction on the use or
disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R.
164.522, to the extent that it may affect Business Associate’s permitted use or
disclosure of PHI.
5. Termination
a. Breach.
i. In addition to any Contract provision regarding remedies for breach, Covered Entity
shall have the right, in the event of a breach by Business Associate of any provision
of this Agreement, to terminate immediately the Contract, or this Agreement, or both.
ii. Subject to any directions from Covered Entity, upon termination of the Contract, this
Agreement, or both, Business Associate shall take timely, reasonable, and necessary
action to protect and preserve property in the possession of Business Associate in
which Covered Entity has an interest.
b. Effect of Termination.
i. Upon termination of this Agreement for any reason, Business Associate, at the option
of Covered Entity, shall return or destroy all PHI that Business Associate, its agents,
or its Subcontractors maintain in any form, and shall not retain any copies of such
PHI.
ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate
shall certify in writing to Covered Entity that such PHI has been destroyed.
iii. If Business Associate believes that returning or destroying the PHI is not feasible,
Business Associate shall promptly provide Covered Entity with notice of the
conditions making return or destruction infeasible. Business Associate shall continue
to extend the protections of Section 3 of this Agreement to such PHI, and shall limit
further use of such PHI to those purposes that make the return or destruction of such
PHI infeasible.
6. Injunctive Relief
Covered Entity and Business Associate agree that irreparable damage would occur in the event
Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this
Agreement, the HIPAA Rules or any applicable law. Covered Entity and Business Associate further
agree that money damages would not provide an adequate remedy for such Breach. Accordingly,
Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief,
EXHIBIT A TO RESOLUTION 2024-099
Page 401
Item 21.
Exhibit I Page 8 of 10 Version 3.22.2024
specific performance, and other equitable relief to prevent or restrain any Breach or threatened Breach
of and to enforce specifically the terms and provisions of this Agreement.
7. Limitation of Liability
Any provision in the Contract limiting Contractor’s liability shall not apply to Business Associate’s
liability under this Agreement, which shall not be limited.
8. Disclaimer
Covered Entity makes no warranty or representation that compliance by Business Associate with this
Agreement or the HIPAA Rules will be adequate or satisfactory for Business Associate’s own
purposes. Business Associate is solely responsible for all decisions made and actions taken by
Business Associate regarding the safeguarding of PHI.
9. Certification
Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate’s
Information Security practices. Covered Entity or its authorized agent or contractor shall have the right
to examine Business Associate’s facilities, systems, procedures, and records, at Covered Entity’s
expense, if Covered Entity determines that examination is necessary to certify that Business
Associate’s Information Security safeguards comply with the HIPAA Rules or this Agreement.
10. Amendment
a. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and
regulations relating to data security and privacy are rapidly evolving and that amendment of
this Agreement may be required to provide procedures to ensure compliance with such
developments.
i. In the event of any change to state or federal laws and regulations relating to data
security and privacy affecting this Agreement, the Parties shall take such action
as is necessary to implement the changes to the standards and requirements of
HIPAA, the HIPAA Rules and other applicable rules relating to the
confidentiality, integrity, availability and security of PHI with respect to this
Agreement.
ii. Business Associate shall provide to Covered Entity written assurance satisfactory
to Covered Entity that Business Associate shall adequately safeguard all PHI, and
obtain written assurance satisfactory to Covered Entity from Business Associate’s
Subcontractors and agents that they shall adequately safeguard all PHI.
iii. Upon the request of either Party, the other Party promptly shall negotiate in good
faith the terms of an amendment to the Contract embodying written assurances
consistent with the standards and requirements of HIPAA, the HIPAA Rules, or
other applicable rules.
EXHIBIT A TO RESOLUTION 2024-099
Page 402
Item 21.
Exhibit I Page 9 of 10 Version 3.22.2024
iv. Covered Entity may terminate this Agreement upon 30 days’ prior written notice in
the event that:
A. Business Associate does not promptly enter into negotiations to amend the
Contract and this Agreement when requested by Covered Entity pursuant to
this Section; or
B. Business Associate does not enter into an amendment to the Contract and this
Agreement, which provides assurances regarding the safeguarding of PHI
sufficient, in Covered Entity’s sole discretion, to satisfy the standards and
requirements of the HIPAA, the HIPAA Rules and applicable law.
b. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by
the mutual written agreement of the Parties, without amendment of this Agreement. Any
modified or amended Appendix agreed to in writing by the Parties shall supersede and replace
any prior version of the Appendix.
11. Assistance in Litigation or Administrative Proceedings
Covered Entity shall provide written notice to Business Associate if litigation or administrative
proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a
claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security
and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity,
Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business
Associate in the performance of its obligations under the Contract to, assist Covered Entity in the
defense of such litigation or proceedings. Business Associate shall, and shall cause its employees,
Subcontractor’s and agents to, provide assistance, to Covered Entity, which may include testifying as a
witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents
shall not be required to provide such assistance if Business Associate is a named adverse party.
12. Interpretation and Order of Precedence
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is
consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and this
Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous,
separately executed HIPAA business associate agreement between the Parties.
13. Survival
Provisions of this Agreement requiring continued performance, compliance, or effect after termination
shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity.
EXHIBIT A TO RESOLUTION 2024-099
Page 403
Item 21.
Exhibit I Page 10 of 10 Version 3.22.2024
APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT
This Appendix (“Appendix”) to the HIPAA Business Associate Agreement (“Agreement”) is s an
appendix to the Contract and the Agreement. For the purposes of this Appendix, defined terms shall
have the meanings ascribed to them in the Agreement and the Contract.
Unless the context clearly requires a distinction between the Contract, the Agreement, and this
Appendix, all references to “Contract” or “Agreement” shall include this Appendix.
1. Purpose
This Appendix sets forth additional terms to the Agreement. Any sub-section of this Appendix marked
as “Reserved” shall be construed as setting forth no additional terms.
2. Additional Terms
a. Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business
Associate may use PHI for the following additional purposes:
i. Reserved.
b. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement,
Business Associate may disclose PHI for the following additional purposes:
i. Reserved.
c. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents
of Business Associate may receive PHI under the Agreement:
i. Reserved.
d. Definition of Receipt of PHI. Business Associate’s receipt of PHI under this Contract shall
be deemed to occur, and Business Associate’s obligations under the Agreement shall
commence, as follows:
i. Reserved.
e. Additional Restrictions on Business Associate. Business Associate agrees to comply with
the following additional restrictions on Business Associate’s use and disclosure of PHI under
the Contract:
i. Reserved.
f. Additional Terms. Business Associate agrees to comply with the following additional terms
under the Agreement:
i. Reserved.
EXHIBIT A TO RESOLUTION 2024-099
Page 404
Item 21.
-1-
ORDINANCE NO. 121, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF
UNANTICIPATED GRANT REVENUE, PRIOR YEAR RESERVES,
AND AUTHORIZING TRANSFERS FOR THE POUDRE WATER
SUPPLY INFRASTRUCTURE WILDFIRE READY ACTION PLAN
A. The City owns and operates a water utility that provides water service to
customers within its water service area. The Cache la Poudre River provides a key
source of water for the City and its water utility. Water in the Cache la Poudre River
originates in various watersheds, including several watersheds near Cameron Pass,
namely the Joe Wright Creek Watershed, Peterson Lake Watershed, and Upper Michigan
River Watershed (collectively, “Watersheds”).
B. The Cache la Poudre River and these Watersheds also provide key sources
of water for the City of Greeley (“Greeley”) and the Water Supply and Storage Company
(“WSSC”).
C. Water supplies and infrastructure in the Watersheds face various
challenges, including risks associated with wildfires. Protecting water supplies and
infrastructure within the Watersheds is a high priority for the City, Greeley, and WSSC to,
among other things, ensure all current and future water demands are met, and to continue
providing their communities, customers, and shareholders with reliable, safe, and high -
quality water.
D. The State of Colorado, through the Colorado Water Conservation Board
(“CWCB”), has a program to assist in the development of wildfire ready watershed action
plans, including via grant funding. Such plans are generally intended to help stakeholders
develop actionable plans to address the impacts from wildfires through actions that may
be taken both before and after wildfires.
E. The City, Greeley, and WSSC desire to develop a wildfire ready watershed
action plan for the Watersheds (“Plan”). Accordingly, pursuant to Resolution 2024 -066,
they have entered into the Agreement Regarding a Wildfire Ready Watershed Action Plan
for the Joe Wright Creek, Peterson Lake, and Upper Michigan River Watersheds, dated
May 21, 2024, the purpose of which is to coordinate their joint efforts related to developing
the Plan, including funding a consultant to assist with the development of the Plan.
Pursuant to that agreement, Greeley will contribute $9,063 and WSSC will contribute
$10,000.
F. The City has been awarded $209,688 from the State of Colorado, acting
through the Colorado Water Conservation Board and its Wildfire Ready Watershed Grant
Program to develop the Plan. The agreement for said grant is addressed in Resolution
2024-099.
Page 405
Item 21.
-2-
G. As presented in the Budget, Exhibit C, to the agreement, the City is required
to contribute in matching funds to accept the grant. The appropriations set forth herein
will allow the City to accept the grant and thus receive the benefit of the grant to develop
the Plan to benefit the City’s water supplies.
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 appropriations for that fisc al 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 Water Fund and will not cause the total amount appropriated in the Water 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 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 expenditu re 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 Water Fund and will not cause the total amount appropriated in the Water 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. 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.
M. The City Manager has recommended the transfer of $9,063 from the Water
Fund Watershed Protection budget to the Water Fund Watershed Protection Grant
Project Budget and determined that the purpose for which the transferred funds are to be
expended remains unchanged.
N. 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
Page 406
Item 21.
-3-
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
O. The City Council wishes to designate the appropriation herein for the State
of Colorado through CWCB’s Wildfire Ready Watershed Grant Program and Monetary
contributions from Greeley and WSSC as appropriations that shall not lapse until the
expiration of the grants or the City’s expenditure of all funds received from such grants.
P. 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 from the State of Colorado
through CWCB, the source of these funds.
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
Water Fund the sum of TWO HUNDRED NINE THOUSAND SIX HUNDRED EIGHTY-
EIGHT DOLLARS ($209,688) to be expended in the Water Fund for the Poudre Water
Supply Infrastructure Wildfire Ready Action Plan.
Section 2. There is hereby appropriated from new revenue or other funds in the
Water Fund the sum of NINETEEN THOUSAND SIXTY-THREE DOLLARS ($19,063) to
be expended in the Water Fund for the Poudre Water Supply Infrastructure Wildfire Ready
Action Plan.
Section 3. There is hereby appropriated from prior year reserves in the Water
Fund the sum of TWENTY-EIGHT THOUSAND ONE HUNDRED TWENTY-FIVE
DOLLARS ($28,125) to be expended in the Water Fund for the Poudre Water Supply
Infrastructure Wildfire Ready Action Plan.
Section 4. The unexpended and unencumbered appropriated amount of NINE
THOUSAND SIXTY-THREE DOLLARS ($9,063) is authorized for transfer from the Water
Fund Watershed Protection budget to the Water Fund Watershed Protection Grant
Project Budget and appropriated therein to be expended for the Poudre Water Supply
Infrastructure Wildfire Ready Action Plan.
Section 5. The appropriation herein for the State of Colorado through CWCB’s
Wildfire Ready Watershed Grant Program are hereby designated, as authorized in Article
V, Section 11 of the City Charter, as appropriation s that shall not lapse at the end of this
fiscal year but continue until the earlier of the expiration of the grant s or the City’s
expenditure of all funds received from such grants.
Page 407
Item 21.
-4-
Introduced, considered favorably on first reading on the 20th day of August 2024,
and approved on second reading for final passage on the 3rd day of September 2024.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Eric Potyondy
Page 408
Item 21.
CO
P
Y
Page 409
Item 21.
CO
P
Y
Page 410
Item 21.
CO
P
Y
Page 411
Item 21.
CO
P
Y
Page 412
Item 21.
CO
P
Y
Page 413
Item 21.
CO
P
Y
Page 414
Item 21.
CO
P
Y
Page 415
Item 21.
CO
P
Y
Page 416
Item 21.
CO
P
Y
Page 417
Item 21.
CO
P
Y
Page 418
Item 21.
CO
P
Y
Page 419
Item 21.
CO
P
Y
Page 420
Item 21.
File Attachments for Item:
22. First Reading of Ordinance No. 122, 2024, Designating the Chavez/Ambriz/Gonzales
Property, 724 Martinez Street, Fort Collins, Colorado, as a Fort Collins Landmark
Pursuant to Fort Collins City Code Chapter 14.
The purpose of this item is to request City landmark designation for the
Chavez/Ambriz/Gonzales Property at 724 Martinez Street. In cooperation with the property
owners, City staff and the Historic Preservation Commission (Commission) have determined the
property to be eligible for designation. The property is significant under City Code 14-22(a)
Standard 1, Events/Trends, for association with the early sugar beet industry in Fort Collins, its
social history, and its Hispanic history, as well as under Standard 3, Design/Construction, as a
rare example of adobe construction in Fort Collins and including a Community Development
Block Grant (CDBG)-funded addition. The owners are requesting designation, which will provide
protection of the property's exterior and access to financial incentives for owners to use for
historic properties.
Page 421
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Yani Jones, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 122, 2024, Designating the Chavez/Ambriz/Gonzales Property, 724
Martinez Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Fort Collins City
Code Chapter 14.
EXECUTIVE SUMMARY
The purpose of this item is to request City landmark designation for the Chavez/Ambriz/Gonzales Property
at 724 Martinez Street. In cooperation with the property owners, City staff and the Historic Preservation
Commission (Commission) have determined the property to be eligible for designation. The property is
significant under City Code 14-22(a) Standard 1, Events/Trends, for association with the early sugar beet
industry in Fort Collins, its social history, and its Hispanic history, as well as under Standard 3,
Design/Construction, as a rare example of adobe construction in Fort Collins and including a Community
Development Block Grant (CDBG)-funded addition. The owners are requesting designation, which will
provide protection of the property's exterior and access to financial incentives for owners to use for historic
properties.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Chavez/Ambriz/Gonzales Property at 724 Martinez St. is eligible for Landmark designation under
Standard 1, Events/Trends, for its association with the history of the sugar beet industry, Hispanic history,
and social history.
Originally constructed in 1923 by the Great Western Sugar Company to house beet workers and their
families, this site is closely associated with the sugar beet industry and industrial agriculture of the early
twentieth century.
The property is also connected to Fort Collins’s Hispanic community, extending to the present with the
Gonzales family, who have lived in this home since the early 1960s. The location of this home in Alta Vista,
formerly known as the “Spanish Colony,” near Dry Creek and the former location of the sugar factory, also
speak to the occupants’ deep roots in Fort Collins and the legacy of geographic discrimination they faced.
Social history is defined by the State Historic Preservation Office as t he history of efforts to promote the
welfare of society and/or the history of society and lifeways of its social groups. This property is associated
Page 422
Item 22.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
with social history through its reflection of the evolving relationship of the City with the property owners and
residents of the Tres Colonias neighborhoods. For instance, the home’s location along a paved street with
no sidewalk and the addition on the building’s southeast corner speak to the beginning of the City’s efforts
to address the lack of infrastructure and outdated housing conditions in the neighborhood in the 1970s and
1980s as well as the tension between such objectives and the lived experiences of people in the
neighborhood. CDBG rehabilitation funding led to the construction of the 1976 frame addition on this house
to extend sewer service to this property, but, at the same time, the City demolished one of this house’s
adobe additions, which was built by the Gonzales family in the early 1960s. These conflicting examples of
preservation and demolition suggest the complexity of the social history reflected here.
Finally, this property is also eligible for Landmark designation under Standard 3, Design/Construction. The
house is one of the rare remaining examples of adobe construction in Fort Collins. In addition to the original
1923 two-room adobe house, it includes both an adobe addition built sometime before 1949 as well as the
1976 CDBG-associated frame addition.
Character defining features include the house’s adobe brick material, its U-shaped plan and linear
construction, limited ornamentation, its CDBG frame addition, and its location and setting within the Alta
Vista neighborhood.
This property retains sufficient integrity under City Code 14-22(b) to reflect its significance under City Code
14-22(a)(1) and (3). Location and setting, key aspects of integrity for this property, are retained. Feeling
and association, also important for conveying this property’s historical associations, are similarly strong
due to the house’s retention of its primary materials, additions, and location, which all make it feel like an
early twentieth-century residence and speak to the association of the house with its history. Integrity of
workmanship, materials, and design are also retained through the original adobe construction and the later
additions and alterations. Although the building has changed over the last hundred years, including some
alteration of materials or changes to design, these changes support the property’s significance under
Standards 1 and 3, because they reflect the owners’ investment of time, money, and labor to improve their
living conditions within a historical context of discrimination and changing attitudes toward Hispanic people
from others within the community and from the City as an organization.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Designation as a Fort Collins landmark qualifies property owners for certain financial incentives funded by
the City, as well as allows private property owners to leverage State tax incentives for repairs and
modifications that meet national preservation standards. These include a 0% interest revolving loan
program and a Design Assistance mini-grant program through the City and the Colorado State Historic Tax
Credits.
PUBLIC OUTREACH
At its July 17, 2024, regular meeting, the Commission adopted a motion on a vote of 7-0 (1 absence) to
recommend that Council designate the Chavez/Ambriz/Gonzales Property as a Fort Collins landmark in
accordance with City Code Chapter 14, based on the property’s significance under Standard 1,
Events/Trends, and Standard 3, Design/Construction, and its integrity under all seven aspects: location,
design, setting, materials, workmanship, feeling, and association. The Commission further recommended
that designation of the property will advance the policies and purposes set forth in City Code Sections 14-
1 and 14-2 in a manner and extent sufficient to justify the designation.
Page 423
Item 22.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
ATTACHMENTS
1. Ordinance for Consideration
2. Location Map
3. Landmark Nomination Form and Signed Acknowledgement
4. HPC Resolution 1, 2024
5. Presentation
Page 424
Item 22.
-1-
ORDINANCE NO. 122, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE CHAVEZ/AMBRIZ/GONZALES PROPERTY,
724 MARTINEZ STREET, FORT COLLINS, COLORADO, AS A
FORT COLLINS LANDMARK PURSUANT TO FORT COLLINS
CITY CODE CHAPTER 14
A. Pursuant to City Code Section 14-1, the City Council has established a
public policy encouraging the protection, enhancement and perpetuation of historic
landmarks within the City.
B. On July 17, 2024, the Historic Preservation Commission (the “Commission”)
adopted a resolution determining that the Chavez/Ambriz/Gonzales Property, 724
Martinez Street, in Fort Collins, as more specifically described in the legal description
below (the “Property”), is eligible for landmark designation pursuant to City Code Chapter
14, Article II, under Standard 1, Events, and Standard 3, Design/Construction, described
in City Code Sections14-22(a)(1) and (3).
C. The Commission found under Standard 1 that the Property is eligible: for its
association with the early sugar beet industry in Fort Collins from 1923 to 1952; for its
association with Hispanic history from 1923 until the present ; and for its association from
1923 until the present with the social history that reflects the City’s evolving relationship
with the property owners and residents of the Tres Colonias neighborhoods and the
application of social programs there, such as the housing rehabilitation grant program of
the 1970s. The Commission found under Standard 3 that the Property is eligible as a rare
example of adobe construction in Fort Collins and for its addition built with federal
Community Development Block Grant monies.
D. The Commission determined eligibility also because the Property has
historic integrity of Location, Setting, Design, Materials, Workmanship, Feeling, and
Association under City Code Sections 14-22(b)(1) through (7).
E. The Commission further determined that designation of the Property will
advance the policies and purposes set forth in City Code Sections 14 -1 and 14-2 in a
manner and extent sufficient to justify designation.
F. The Commission recommends that the City Council designate the Property
as a Fort Collins landmark.
G. The owners of the Property nominated the Property, have consented to
landmark designation, and desire to protect the Property.
H. Landmark designation will preserve the Property’s significance to the
community.
I. The City Council has reviewed the Commission’s recommendation and
desires to follow the Commission’s recommendation, to adopt the Commission's findings,
and to designate the Property as a Fort Collins landmark.
Page 425
Item 22.
-2-
J. Designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
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 Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows:
LOT 18, ALTA VISTA, FORT COLLINS
ALSO KNOWN BY STREET AND NUMBER AS: 724 MARTINEZ STREET,
FORT COLLINS, COLORADO 80524
ASSESSOR'S SCHEDULE OR PARCEL NUMBER: 9701405018
is hereby designated as a Fort Collins landmark in accordance with City Code Chapter
14.
Section 2. Alterations, additions, and other changes to the buildings and
structures located upon the Property will be reviewed for compliance with City Code
Chapter 14, Article IV, as currently enacted or hereafter amended.
Section 3. In compliance with City Code Section 14-36, the City shall, within
fifteen days of the effective date of this Ordinance, record among the real estate records
of the Larimer County Clerk and Recorder a certified copy of this Ordinance designating
the Property.
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Heather N. Jarvis
Page 426
Item 22.
Page 427
Item 22.
Historic Preservation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.224.6078
preservation@fcgov.com
fcgov.com/historicpreservation
1
Fort Collins Landmark Nomination
LOCATION INFORMATION
Address: 724 Martinez St.
Legal Description (https://www.larimer.gov/assessor/search#/property/):
LOT 18, ALTA VISTA, FTC
Property Name (historic and/or common): Chavez/Ambriz/Gonzales Property
OWNER INFORMATION
Name: Santiago, Monica, and James Gonzales, and Celina Maldonado
Company/Organization (if applicable):
Phone: 970-426-3600
Email: monica.gonzales2@uchealth.org
Mailing Address: PO Box 927, Wellington, CO 80549
FORM PREPARED BY
Name and Title: Same, with Yani Jones, City of Fort Collins Historic
Preservation Services
Address:
Phone:
Email:
Relationship to Owner:
Date: 4/24/2024
ATTACHMENTS
For owner-initiated Landmark nominations:
Completed Character-Defining Features Worksheet
Signed and notarized Owner Landmark Agreement
OPTIONAL: A Colorado Architectural Inventory Form 1403 for the nominated
property with valid certification or re-certification from Historic Preservation Services
staff (this documentation will otherwise be provided by staff)
For nonowner-initiated Landmark nominations:
Completed Character-Defining Features Worksheet
Signed and notarized Nonowner Landmark Petition
A Colorado Architectural Inventory Form 1403 for the nominated property with valid
certification or re-certification from Historic Preservation Services staff
Page 428
Item 22.
Historic Preservation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.224.6078
preservation@fcgov.com
fcgov.com/historicpreservation
2
LANDMARK BOUNDARIES
Individual properties nominated for Landmark designation typically have boundaries that
correspond to the legal description of the property.
If you are proposing a Landmark boundary that is different than the legal description of
the property:
1. Specifically describe the proposed boundary or include a map.
2. Explain why you chose this boundary.
If there are multiple, related properties within a boundary, this is called a historic district.
Please contact preservation@fcgov.com for assistance with nomination.
REASON(S) FOR LANDMARK NOMINATION
You may check more than one box, if relevant.
This place is important because of historic events or patterns that happened here or
are reflected here.
1. Please describe below.
Over the years, there have been changes to the scenery. It tells a story related
to the history of the sugar factory. It shows Hispanic history in the area. 4
generations of the family in the house.
This place is important because of its cultural associations.
1. Please describe below.
This property is associated with Hispanic history.
This place is important because it is associated with an important person or group of
people.
1. Please describe below.
Maria Celina Gonzales lived here with her 8 kids. She worked for the school
district in the kitchen, Water Pik/Taledyne making toothbrushes, showerheads,
etc., and Wendy’s when she retired. Fidel Gonzales worked for the sugar factory
as a laborer in the factory, then for the pickle factory, for the school district as a
custodian.
Page 429
Item 22.
3
This place is important because of its architecture or type of construction, or because
of its association with an important architect or builder.
1. Please describe below.
This house is an adobe building, one of the oldest in the neighborhood. There
are only a few other adobe houses in the neighborhood. There was once a
garage, and a bedroom addition that was added in the early 60s – Those were
removed in the 70s by the City for adding in sewer line.
This place is important because it has archaeological significance or is likely to yield
other types of historical information.
1. Please describe below.
There was an outhouse on site, and there is consistent flooding bringing objects
onto the property from the nearby fields.
HISTORICAL INFORMATION
What do you know about the history of this place and the people who lived or worked
here? If possible, please state where you learned this information. If you have submitted
a completed survey form, please include only information not found in that document.
If you have any historic photos or other related documents you would like to include,
please either insert them in this section or attach them.
Maria worked hard to take care of this house, her dream house that she loved. It was her
pride and joy. The yard, especially; you could hear music in the wind, crickets, like being
up in the mountain. It should be preserved in her honor.
Santiago worked for the pickle factory, for Weber, Poudre, Lesher, Boltz, Academy on
Mountain, the Forest Service during the Big Thompson flood. Working for the Forest
Service, he helped build trails and cleared the trash. He lived in this house since he was
five years old. He loved the neighborhood – It was a community, working together, and
also keeping each other’s privacy. People would have barbecues and get togethers.
The neighborhood was called the Spanish Colony once, the Colony, and Alta Vista after
annexation. There was once another park on the northwest side of the neighborhood, on
the other side of the houses behind the current park.
BUILDING INFORMATION
If you don’t know the answer to a prompt, you can write “unknown.”
Construction Date: unknown
Architect/Builder: unknown
Building Materials: Adobe with stucco, frame addition
Architectural Style and/or Type: Adobe residence
Page 430
Item 22.
4
What do you know about changes that have been made to this place over time?
For instance, were there any additions? Were certain windows or other materials
replaced? Are there any accessory buildings, like sheds or garages, and when were they
built? Are there any important landscape or surrounding features? If you have submitted
a completed survey form, please include only information not found in that document.
Adobe house, garage built before early 60s, then bedroom addition early 60s. Garage,
bedroom, and kitchen demolished in the 70s, and bathroom/laundry also added. Fence
also added in 80s. The trees on the fence-line were planted around the 60s.
ADDITIONAL INFORMATION
Is there anything else you would like to add?
FOR STAFF USE ONLY
Reviewed By: HPS Staff Date: 6/26/2024
Notes:
Staffs supports eligibility under Standard 1 (agriculture, social, and Hispanic history) and
Standard 3 (architecture) based on the information above and the information in the attached
historic survey.
Page 431
Item 22.
Historic Preservation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.224.6078
preservation@fcgov.com
fcgov.com/historicpreservation
Character-Defining Features Worksheet
Address: 724 Martinez St.
Date: April 24, 2024
Completed By: Monica, Santiago, and James Gonzales, and Celina Maldonado
What physical features are important to telling the story of this place and/or conveying its significant
design/construction? These elements are “character-defining features.”
Character-Defining Features
From Afar
What is important to the character of this place
when viewed at a distance?
Consider elements such as the roof form (e.g.,
gabled, hipped, etc.), the building plan, or
shape, and height (e.g., 2-story, square,
asymmetrical, etc.), the type of materials (e.g.,
wood shingled roof, brick, wood siding, etc.),
any important structural components (e.g.,
porches, carports, decks, etc.), site layout, etc.
The depth of the lot, the view on the corner (location),
adobe material, gabled roof
From Up Close
What is important to the character of this place
when viewed up close?
Consider elements such as the window types
and materials (e.g., double-hung wood
windows, brick sills, stone lintels, etc.), the
doors and their materials, any decorative
features (e.g., types of molding, decorative
brickwork, turned posts, gable-end shingles,
etc.), any masonry patterns, siding style, etc.
Texture of the walls, locations of the windows
Associated Buildings/Structures/
Landscape/Setting
Are there any associated buildings, structures,
landscape features, or elements of the
surrounding area that are related to the
important story of this place and/or reflect its
significant design/construction?
If yes, list them here, and identify their
character-defining features in the same manner
as above.
Rich soil, the location is important in the Alta Vista
neighborhood and sugar factory
FOR STAFF USE ONLY
Reviewed By: HPS Staff Date: 6/26/2024
Notes:
Staff concurs with the applicants. Character defining features include: adobe brick material, linear
construction, limited ornamentation, 1976 frame addition, and its location and setting within the Alta Vista
neighborhood. It should be noted that because the period of significance of this property extends to the
present due to ongoing associations with the Hispanic community, flexibility should be extended when
considering alterations to this property.
Page 432
Item 22.
Page 433
Item 22.
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.224.6078
preservation@fcgov.com
fcgov.com/historicpreservation
Historic Preservation Services
OFFICIAL DETERMINATION:
FORT COLLINS LANDMARK ELIGIBILITY
Resource Number: B3003 (City); 5LR.10643 (State)
Historic Building Name: Spanish Colony #18 / Ambriz-Chavez-Gonzalez Property
Property Address: 724 Martinez Street
Determination: ELIGIBLE
Issued: July 2, 2024
Expiration: July 2, 2029
Monica, Santiago, & James Gonzalez, & Celina Maldonado
724 Martinez Street
Fort Collins, CO 80524-2317
Dear Property Owner:
This letter provides you with confirmation that your property has been evaluated for Fort Collins
landmark eligibility, following the requirements in Chapter 14, Article II of the Fort Collins Municipal
Code, and has been found eligible for landmark designation.
An intensive-level Colorado Cultural Resource Survey Form was completed by a City staff historian in
order to provide the information that serves as the basis for an evaluation of a property’s historic and/or
architectural significance and its integrity, both of which are required for landmark eligibility as per
Article II, Section 14-22.
Staff has made the following findings regarding the information and evaluation of significance, integrity,
and landmark eligibility provided by the historian in the attached form.
Significance
Historian’s evaluation:
This site has been evaluated against the City of Fort Collins Significance Standards and
is found to be significant in the areas of Agriculture, Social History/Hispanic Ethnic
History, and Architecture under Standards 1 and 3. Under Significance Standard 1, the
site is significant for its association with early sugar beet agriculture and with the city’s
Hispanic residents. Originally constructed by Great Western Sugar to house beet workers
and their families, this site is closely associated with the sugar beet industry and
industrial agriculture of the early twentieth century….
The site is also significant under Standard 1 in the area of social history and Hispanic
ethnic history for its association with Fort Collins’ Hispanic community.
Page 434
Item 22.
-2 -
Under Standard 2, the site is associated with the Ambriz and Gonzales families.
Although the members of these families are known and members of the Gonzales family
played a part in addressing educational discrimination through the Poudre School
District’s Mexican American Parent Advisory Commission, none have made specific,
documented contributions to the history of the community. The site is recommended not
eligible for local landmarking under Standard 2.
Under Standard 3, the site is significant for its vernacular adobe construction and
for its distinctive 1970s addition constructed with the support of HUD grant funds.
Staff agrees with the historian’s conclusions regarding the property’s significance under Standards 1 and
3, based on the following findings.
•The property’s statement of significance is supported by a discussion of historical context and a
comparative analysis that is appropriate for the property. Relevant context reports have been
referenced and cited.
•Each significance criterion is addressed in the statement of significance, even if not applicable.
•For eligible properties, a period of significance is provided and justified based on the available
records.
Integrity
Historian’s evaluation:
This site is significant in the areas of Agriculture, Social History, and Architecture for its
association with early sugar beet agriculture, association with the city’s Hispanic
community, and as a rare remaining example of adobe-brick construction. As such, the
site’s character defining features are its adobe brick material, linear construction,
limited ornamentation, 1976 frame addition, yard surrounded by chain link fence, and its
location and setting within the Alta Vista neighborhood.
The site retains integrity of location and setting. The building remains in the spot
where it was originally constructed within the Alta Vista neighborhood. Although the
streets were paved and some nearby residences constructed in the 1980s and 1990s, the
neighborhood retains its residential character and many elements of its origins as a
Hispanic community constructed by the sugar factory, including narrow street right-of-
ways, minimal street setbacks, and no sidewalks. Integrity of workmanship, materials,
and design is retained through the original adobe construction and the later additions
and alterations. Although the building has seen changes over the last 100 years
(including an adobe addition between 1923-1949, the likely replacement of a flat roof
with a side gable roof in the 1920s, a wood frame addition in 1976, and replacement of
all windows in 1976) these changes support the site’s significance under Standards 1 and
3 as they reflect the property owner’s financial investment in improving living conditions
over time as their budget allowed and the financial support provided by the City of Fort
Collins as it grappled with changing attitudes towards Hispanic communities in the
1970s. Integrity of feeling and association remain intact; the size of the residence, its
materials, additions, and location provide a direct connect to the site’s history and
association with Hispanic beet laborers. The site is clearly identifiable as an early
Page 435
Item 22.
- 3 -
twentieth century residence. The site retains sufficient integrity to convey its historic
associations.
Staff agrees with the historian’s conclusions regarding the property’s integrity based on the following
findings.
• Essential physical features are identified in the integrity analysis and related to period of
significance.
• Discussion of integrity relates to the property’s most relevant aspects of integrity per its
significance.
• Discussion of integrity focuses on the property’s essential physical features, and relates to period
of significance.
• Discussion and conclusion responds directly to previous conclusions and assessments of the
property, whether in opposition or in agreement.
Statement of Eligibility:
This property is considered Eligible for Landmark designation under City Standards 1 and 3 as outlined in
Municipal Code 14-22 and is considered an “historic resource” as defined in Municipal Code 14-3.
Per Article II, Section 14-23 of the code, any determination made by staff regarding eligibility may be
appealed to the Commission by the applicant, any resident of the City, or owner of property in the City.
Such appeal shall be set forth in writing and filed with the Director within fourteen (14) days of the
date of the staff's determination.
If you have any questions regarding this determination, or if I may be of any assistance, please do not
hesitate to contact me. I may be reached at preservation@fcgov.com, or 970-224-6078.
Sincerely,
Jim Bertolini
Senior Historic Preservation Planner
Attachment: Colorado Cultural Resource Survey Architectural Inventory Form 1403, dated May 2024.
Page 436
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
1
OAHP1403
Rev. 9/98
COLORADO CULTURAL RESOURCE SURVEY
Architectural Inventory Form
Official eligibility determination
(OAHP use only)
Date Initials
Determined Eligible- NR
Determined Not Eligible- NR
Determined Eligible- SR
Determined Not Eligible- SR
Need Data
Contributes to eligible NR District
Noncontributing to eligible NR District
Field Evaluation of Fort Collins Landmark Eligibility
☒ Individually Eligible ☒ Contributing to District ☐ Not Eligible
☒ Likely Eligible for State/National Register
General Recommendations: The site is recommended eligible for listing as a local landmark under
Significance Standards 1 and 3 in the areas of Agriculture, Social History/Ethnic History-Hispanic,
and Architecture for its association with early beet farming, the Hispanic community, and as a rare
remaining example of adobe brick construction. The site is recommended eligible for listing on the
National Register of Historic Places under Criteria A and C for the same reasons. If a historic district
were established in the Alta Vista neighborhood, this site would be a contributing property.
I. Identification
1. Resource number: 5LR.10643 (State); B3003 (City)
Page 437
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
2
2. Temporary resource number: Click here to enter text.
3. County: Larimer
4. City: Fort Collins
5. Historic building name: Spanish Colony #18 / Elizabeth Ambriz Property / Chavez Property
6. Current building name: Gonzales Property
7. Building address: 724 Martinez Street
8. Owner name and address: Monica Gonzales, Santiago Gonzales, James Gonzales, Celina
Maldonado, 724 Martinez Street, Fort Collins, CO 80524
II. Geographic Information
9. P.M. 6 Township 7 N Range 69 W
SE ¼ of SW ¼ of SE ¼ of SE ¼ of section 1
10. UTM reference
Zone 13; 494895 mE 4494019 mN
11. USGS quad name: Fort Collins
Year: 2022 Map scale: 7.5' ☒ 15' ☐ Attach photo copy of appropriate map section.
12. Lot(s): 18 Block: #
Addition: Alta Vista Year of Addition: 1974
13. Boundary Description and Justification:
The site boundary does not exceed the legal property boundary described by the Larimer
County Tax Assessor as, “Lot 18, Alta Vista, Fort Collins.”
III. Architectural Description
14. Building plan (footprint, shape): U-plan
15. Dimensions in feet: Length 45 x Width 30
16. Number of stories: 1
17. Primary external wall material(s): Adobe, Stucco, Horizontal Wood Siding
18. Roof configuration: Cross Gabled
19. Primary external roof material: Asphalt
20. Special features:
Fence
21. General architectural description:
The site consists of a single-story, U-plan residence originally constructed in 1923,
with an addition to the east end in 1976. The east portion of the house rests on a concrete
foundation, the foundation was not visible on the remainder of the building. The majority of
Page 438
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
3
the building is composed of adobe brick with stucco exterior cladding; the southeast leg of
the U-shaped plan is clad in horizontal wood siding. The roof is cross-gabled and clad in
asphalt shingles.
The façade faces east and the primary entrance is located at the south end of the
elevation, within the 1976 addition. The entry is a paneled vinyl door with nine inset lites.
To the north is a one-by-one lite sliding metal window set in a wood surround with a lipped
lintel. Above, in the gable peak, is a louvered wood vent set in a wide, simple wood
surround.
The north elevation has a one-by-one lite sliding metal window set in a simple wood
surround. An open metal pipe emerges from the exterior cladding near the intersection of
the east-west roof and north-south roof. An electrical box is attached to the exterior near
the northwest corner.
The west elevation has a one-over-one lite hung metal window set in a wood surround
at the north end of the elevation. It appears that another opening near the south end has
been closed and covered over with stucco.
The south elevation of the west leg of the U-shaped plan has a one-over-one lite hung
metal window set in a wood surround with a lipped lintel. Above, in the gable peak is a
louvered wood vent set in a wide, simple wood surround.
The east elevation of the west leg of the U-shaped plan has no fenestration.
The central portion of the south elevation has a six-lite wood window set in a wood
surround with a lipped lintel.
The west elevation of the east leg of the U-shaped plan has a small, one-by-one lite
sliding metal window.
The south elevation of the east leg of the U-shaped plan has a one-by-one lite sliding
metal window.
22. Architectural style/building type:
No Style / Cross Gabled
23. Landscaping or special setting features:
The site is located on a corner lot within the Alta Vista neighborhood of Fort Collins.
Martinez Street extends along the south and west site boundaries and a gravel drive leads
from the street to the east elevation of the building. A chain link fence surrounds a portion
of the property and a concrete path leads from the fence gate to the primary entrance. Tall
cottonwood trees shade the lot and small bushes are present along the north and south
elevations.
Page 439
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
4
The surrounding neighborhood is generally composed of 1 and 1½ story residences
with shallow setbacks. Tall cottonwoods and willow trees are located throughout, and Dry
Creek extends along the south boundary of the neighborhood. A small park is east of the
site, near the neighborhood entrance.
24.Associated buildings, features, or objects:
N/A
IV. Architectural History
25.Date of Construction: Estimate: #### Actual: 1923
Source of information: City of Fort Collins, Hang Your Wagon to a Star: Hispanics in Fort
Collins, 1900-2000, Historic Context by Adam Thomas, SWCA Environmental Consultants,
2003, p6.
26. Architect: Great Western Sugar Company
Source of information: City of Fort Collins, Hang Your Wagon to a Star: Hispanics in Fort
Collins, 1900-2000, Historic Context by Adam Thomas, SWCA Environmental Consultants,
2003, p6.
27. Builder/Contractor: Felipe and Pedro Arellano
Source of information: City of Fort Collins, Hang Your Wagon to a Star: Hispanics in Fort
Collins, 1900-2000, Historic Context by Adam Thomas, SWCA Environmental Consultants,
p6.
28.Original owner: Great Western Sugar Company
Source of information: Quit Claim Deed, Book 942, Page 12, recorded December 20, 1952.
29.Construction history (include description and dates of major additions, alterations, or demolitions):
This site was constructed in 1923 as a two-room, rectangular, adobe brick residence.
It is likely that the building was constructed with a flat roof and was probably modified with
a gable roof to prevent excessive water damage soon after its construction; a side-gabled
roof is visible in the Tax Assessor photograph taken in 1949. An addition to the northeast
corner of the residence was constructed at an unknown date between 1923-1949. At this
point, the original primary entrance on the west elevation was moved to the southeast
corner of the addition. A garage was added to the site in 1959 and demolished in 1976. In
the 1960s, an L-plan portion was added to the east elevation of the previous addition.
Planning documents at the city list this addition as a kitchen, bedroom, and bathroom.
A significant remodel occurred in 1976 in association with a housing rehabilitation
grant (see Figure 5). During this remodel, the secondary L-plan addition was demolished
and the entrance to the addition at the north end of the east elevation was infilled with a
Page 440
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
5
metal horizontal sliding window. A new addition encompassing a bathroom and utility room
was added to the southeast corner, an existing window on the south elevation was infilled
with drywall and an existing exterior opening was enlarged and the door removed. The
addition supported two metal, horizontally sliding windows. Windows on the west and north
elevation and on the west leg of the south elevation were replaced with one-over-one lite
hung metal windows. The roof was repaired and reshingled; a chimney hole over the
central portion of the house was patched and drip edges, rake rafters, fascia, and gutters
were installed and painted. Cracks and holes in the exterior stucco were patched, larger
repairs to the exterior included wire netting attached with ring shank nails.1
In addition to the exterior alterations, the interior also saw significant changes.
A new sink and cabinets were added to the kitchen, new drywall was installed on the
ceiling, the walls were painted, and new linoleum was added over the top of the older
patched and repaired floor covering. Closets were added to the bedrooms and both
bedrooms were painted.
30. Original location ☒ Moved ☐ Date of move(s): ####
V. Historical Associations
31. Original use(s): Domestic – Single Dwelling
32. Intermediate use(s): Click here to enter text.
33. Current use(s): Domestic – Single Dwelling
34. Site type(s): Residence
35. Historical background:
Context
Fort Collins’ Hispanic/Mexican American History 2
The early history of Hispanic settlement in Fort Collins was closely tied to farming and
ranching. Mariano Modena is known as the first European settler in Larimer County. In
1858, Modena moved his family to the Big Thompson River Valley to what is now the
Loveland area in southern Larimer County. Other Hispanic families joined him and took
advantage of the Homestead Act after its passage in 1862 to solidify land claims. Among
the early arrivals to the Fort Collins area was José de Jesús Aragón and his family who
arrived in Fort Collins with a group from New Mexico. Over the late-1800s and early-
1900s, more Mexican Americans and new immigrants from Mexico lived as seasonal
1 “Maria Gonzales Residence – 724 Martinez Street.” Planning document and
schematics, 1976. Document on-file with City of Fort Collins.
2 The following section is excerpted from “Latinx History in Fort Collins,”
webpage, City of Fort Collins, https://www.fcgov.com/historicpreservation/latinx.
Page 441
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
6
labors or as new settlers in the Fort Collins area, where they worked on farms, ranches, on
railroad crews, in sandstone and limestone quarries, and in the sugar beet industry. By the
1900s, the Mexican American community was well-established with many businesses
owned by, or catering to, the needs of these residents.
However, between 1910 and 1930, factors in both northern Colorado and in Mexico
and the southwest United States compelled more Hispanic families to move to Fort Collins.
A civil war in Mexico, known as the Mexican Revolution, between 1911-1920 destabilized
the country and compelled many Mexican families to move north to the United States.
Jobs in the United States, frequently in agriculture and manufacturing, provided the hope
of a more peaceful and prosperous life. Nearly a tenth of Mexico’s total population
migrated to the United States and Canada during this period. Those that chose Fort
Collins were drawn by available jobs for, and active recruitment by, the agricultural
industry that was booming in northern Colorado at the time. One of the significant
recruiters of Mexican Americans to Fort Collins was the Great Western Sugar Company
which had purchased the beet sugar factory on East Vine Drive in 1904. Many Hispanic
families initially found work in the factory’s limestone operation at Ingleside, which became
a sizeable lime quarrying facility for Great Western Sugar that supplied processing lime for
most of the company’s operations throughout the west. As the community grew, they
found jobs working at the factory itself and on the sugar beet farms in the region that
supplied Great Western Sugar. Other families worked on area farms that were growing
livestock or produce for the surrounding region. Fort Collins’ beet sugar industry had relied
on labor from the ethnic Germans from Russia for most of the first decade of production,
but the First World War cut off immigration from Europe, and the ethnic Germans moved
on to less intensive and better paying work. This led to a labor shortage that Mexican
immigrants filled. Approximately ninety percent of new migratory laborers Great Western
Sugar brought to Larimer and Weld Counties between 1910-1930 were from Mexico.
Early Hispanic residents in Fort Collins were largely single men working as migrants
on area farms and staying in farm shanties, bunkhouses, or hotels and boarding houses in
town. However, as Mexican immigrants became a dominant source of labor for Great
Western Sugar in the late-1910s, whole families moved to the area. The sugar beet work
itself was intense, as sugar beet farming relied on hand laborers well into the 1950s,
despite advances in agricultural equipment and technology. Similar to the Germans from
Russia before them, Mexican families that relocated to Fort Collins to work in the sugar
beet industry adapted to an economic system designed to exploit cheap immigrant labor.
In order to keep the beet sugar industry profitable, companies like Great Western Sugar
Page 442
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
7
paid farmers to grow beets – farmers who typically relied on contract labor at per-acre
prices. To make a living wage, most laborers would commit to tending more acres of beets
than they could possibly work themselves. This often meant that full families, including
children, were expected to work the fields alongside their parents. It also meant that farm
laborers frequently were provided very simple dwellings in order to save on costs.
Alta Vista Neighborhood
In the 1920s, Great Western Sugar realized they needed to offer an incentive to
migrant workers if they were to remain in Fort Collins year-round. The company planned
to build affordable, comfortable housing for their workers and in 1922, thirteen adobe-
brick homes were erected near the Fort Morgan sugar factory.3 The following year, Great
Western erected six, two-room adobe homes on company owned land in Fort Collins,
within walking distance of the sugar factory. Hispanic laborers and their families could
purchase one of these homes on a 50x85 foot lot through the company’s installment plan:
residents paid nothing the first year, $40 per year over the next three years, and in the
fifth year paid $25-$50 for the lot.4 In addition, Great Western paid the property taxes for
the first five years and did not charge interest on the loan.5 Prospective residents were
screened, “to select the best workers” and character references were required; because
the homes were privately owned by the company, residents could be ejected if
misconduct was perceived or illegal activities occurred.6 Originally known as the “Spanish
Colony”, the subdivision was officially platted and named “Alta Vista” in 1927, residents
referred to the area as “la Colonia Española” or “la Colonia”. The plans submitted to
Larimer County depict 41 lots organized along the north-south A and B Streets (now Alta
Vista and Martinez Streets, respectively) and the east-west Main Street, Dry Creek forms
the south boundary (see Figure 1).7 Great Western Sugar continued to construct
residences and sell them to local laborers through the 1940s, although later homes were
not constructed with adobe.8 As the Great Western Sugar plant in Fort Collins scaled
3 Thomas, Hang Your Wagon to a Star, 5; some homes were also relocated from urban
redevelopment sites in downtown Fort Collins, such as 732 Alta Vista, relocated
from 222 N. Meldrum in the mid-1970s to make way for a new City Hall Building.
4 Evadene Burris Swanson, Fort Collins Yesterdays, George and Hildegarde Morgan:
Fort Collins, CO, 1975, 63.
5 Thomas, Hang Your Wagon to a Star, 6.
6 Swanson, Fort Collins Yesterdays, 63.
7 “Map of Alta Vista Subdivision.” Plat plan, 1927. Document on-file with Larimer
County Recorder’s Office.
8 Alta Vista Neighborhood, Draft Historic Cultural Landscape Form, Colorado
Cultural Resources Survey, 2017. Document on-file with City of Fort Collins.
Page 443
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
8
back and closed in 1955, many Hispanic workers shifted to other agricultural and
industrial work, service work, or joining the construction crews on the Colorado-Big
Thompson Project, a massive project to divert Colorado River water to the Colorado Front
Range, initiated in 1947 and lasting into the 1950s.
Alta Vista, along with its earlier counterparts of Buckingham and Andersonville that
together are known as the Tres Colonias, is located on the east side of the Poudre River,
which kept laborers within walking distance of the company factory and beet fields but
was also designed with the intent of segregating foreign-born families from Anglo-
American neighborhoods west of the river. Claimed by neither Larimer County nor the
City of Fort Collins, the neighborhood lacked critical infrastructure like paved roads and
sewer connections until the 1970s and 1980s. The City had operated sewers south of the
Poudre River since the 1880s and began paving streets south of the river in the 1920s,
but this investment in public infrastructure for wealthier whiter neighborhoods did not
extend to Alta Vista. Local resident Elvira Ortega notes in an oral history interview in
1983, “When we first moved in there was no sewer system. I personally was raised with
outside toilets and woodburning stoves until I was fourteen years old…There were no
street names. We were just a colony, a cluster”.9 In order to improve their neighborhood,
residents of Alta Vista took it upon themselves to advocate for and make the needed
changes. As Adam Thomas notes in Hang Your Wagon to a Star, “A few years after the
first adobe homes rose … Alta Vista residents began electing “mayors” to one-year
terms.”10 Although these grassroots leaders were not officially recognized by the City or
County, they worked to maintain and improve their neighborhood. One such mayor,
Charlie Martinez, collected a dollar from each family in the neighborhood to purchase gas
for the trucks that brought in sand and gravel to level the dirt streets.11
In the 1970s, pressure and increased activism from the national Chicano political
movement and local Hispanic leaders spurred city officials to improve conditions within
Hispanic neighborhoods. Fort Collins’ Housing Authority, established in 1971, submitted a
grant request for housing rehabilitation to the Department of Housing and Urban
Development (HUD) in 1975.12 The city received a $200,000 Community Development
9 Elvira Ortega, Oral History Interview with Ellen T. Ittelson, November 17,
1983. Fort Collins Museum of Discovery,
https://fchc.contentdm.oclc.org/digital/collection/oh/id/1420/rec/4.
10 Thomas, Hang Your Wagon to a Star, 9.
11 Ibid., 10.
12 “Housing authority discussion planned.” Coloradoan, February 25, 1971, pg 2.
“Housing rehabilitation program moves forward.” Coloradoan, November 20, 1975, pg
1.
Page 444
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
9
Block Grant (CDBG); as noted by City Council in November 1975, “The housing
rehabilitation grant program is the first step in a multi-year plan [to] alleviate health,
safety, and substandard housing problems, and to provide basic facilities and services to
the neighborhoods of Andersonville, Atla Vista, and Buckingham.”13 A portion of the grant
paid for sewer hookups after the City completed a related Capital Improvement Project to
extend sanitary sewer service to Andersonville and Alta Vista; the remainder of the
funding was used to rehabilitate individual homes.14 Residents of these neighborhoods
helped to devise disbursement guidelines alongside the Housing Authority and Human
Relations Commission.15 Only owner-occupied homes could be funded for rehabilitation
and each home received $4,000, up to $5,000 for “extraordinary circumstances”; City
Council later increased this amount to $7,500.16 According to Thomas, the City invested
more than $1.5 million in Alta Vista improvements and infrastructure between 1975-
1980.17
Although the city had good intentions for its housing improvement program, some
residents had negative experiences. Portions of homes deemed unsafe by city officials
were demolished, removing the work residents had put into their properties during the
previous decades.18 In 1978, residents of nearby Buckingham were expected to cover the
cost of sewer hookups and assessments when the city finally extended sewer service to
the neighborhood.19 Other unintended consequences of the program did not become
clear until decades later. Increases in land and home values lead to an increase in
property taxes which made it difficult for residents on fixed incomes to repair or upgrade
their homes.20
“City Council to hear reports on housing projects, finances.” Coloradoan,
November 19, 1975, pg 1.
13 “Hearings slated on Community Development Fund.” Coloradoan, November 17,
1975, pg 3.
“City planning task forces, NIA organizing, preparing for work.” Coloradoan,
October 23, 1975, pg. 3.
“Fort Collins Housing Rehabilitation Grant Program, Program Guidelines.” City
Council Minutes, November 18, 1975. Document on-file with City of Fort Collins.
14 “Housing rehabilitation program moves forward.” Coloradoan, November 20, 1975,
pg 1.
15 “First NIA meeting scheduled Wednesday.” Coloradoan, October 21, 1975, pg 2.
16 “Housing rehabilitation program.” Coloradoan, November 20, 1975, pg 3.
“Street controversy tabled after criticism by residents.” Coloradoan, January 21,
1976, pg 3.
17 Thomas, Hang Your Wagon to a Star, 10.
18 “Notice to Public,” Coloradoan, July 11, 1976, pg 43.
19 “City fees hardship for some Buckingham residents.” Coloradoan, February 5,
1978, pg 11.
20 Clayton A. Hurd, “Fort Collins Sustainability and Social Inclusion Research
Project: Report of Phase I Preliminary Findings,” Prepared for the City of Fort
Page 445
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
10
Adobe Homes
Adobe has been used as a building material for thousands of years across the
world. Indigenous peoples of the American Southwest used adobe as a mortar between
stones or shaped the material to form walls. Adobe is the ideal building material for hot,
dry climates; during the day, it absorbs the heat of the sun, allowing the interior to remain
cool and in the evening, it releases the stored heat, warming those sleeping inside.21 In
addition, adobe is made from naturally occurring resources that require no refinement
and returns to the state in which it was found if the structure is abandoned. Spanish
colonists to the Americas in the sixteenth and seventeenth centuries brought with them
rectangular molds to form the adobe into standard sized bricks which could be used to
construct bigger and more complex structures; the Spanish had learned this technique
from the Moors who brought the technology from North Africa to Spain during their
occupation of the territory in the eighth through fifteenth centuries.22 Spanish colonists
and their descendants made use of adobe construction, using both Spanish and
indigenous methods, in a variety of ways, constructing homes, barns, commercial
buildings, churches, and schools from the material. As Robert Adams describes in his
book The Architecture and Art of Early Hispanic Colorado, “Adobe buildings were
popular first because they were cheap and pleasant to live in. Fires which plagued
wooden frontier towns were almost unknown, rats and mice found few hiding places in
the solid walls and floors, and the sounds of neighbors…were modulated by the thick
walls.”23
Although the building material was versatile, it did limit the size and shape of
structures. Timber for roof beams was in short supply in the dry American Southwest, so
rooms had to remain narrow enough to be spanned by the shortened logs.24 Because of
this limitation, when families added new members by birth or marriage, they constructed
additional rooms in a linear manner, end-to-end with previous rooms. These linear
combinations of one-room units could form L- or U-plan homes or eventually, a
Collins, 2015, 25. Document on-file with City of Fort Collins.
21 Peter Nabokov, “Adobe: An Ancient Folk Technology,” Music and Crafts of the
Southeastern United States, Festival of American Folklife Program, (Smithsonian
Institute, 1981), 25. https://folklife-media.si.edu/docs/festival/program-book-
articles/FESTBK1981_08.pdf
22 Robert Adams, The Architecture and Art of Early Hispanic Colorado, (Colorado
Associated University Press and State Historical Society of Colorado, Denver, CO,
1974), 34-35.
23 Adams, Early Hispanic Colorado, 34.
24 Ibid., 36.
Page 446
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
11
completely enclosed square with a central courtyard, known as a hacienda.25 In some
locales, adobe structures included gabled roofs; this variation was due to differing
climate conditions, availability of and access to materials, or interactions with
neighboring cultures. 26 In northern climates, gable roofs were frequently added to shed
rain and snow which is damaging to adobe bricks.
Site History
As noted in previous site forms, this site was constructed in 1923 for use as a
residence for sugar beet laborers. The first known occupants are the Chavez family;
members of the family resided here from c. 1935-1959.
Chavez Family
Eulogio Chavez was born in the San Luis Valley in 1863.27 He married Cleofás Carrillo
in 1897 and the pair came to Fort Collins in 1903; by 1910, the family was residing on
Cherry Street. Eulogio supported his large family through his work as a farm laborer, he
and Cleofás had thirteen children together. It appears that the Chavez family moved into
this residence c. 1935; Eulogio and his sons, Lloyd and Donald are noted in the
newspaper as residing at #18 Spanish Colony in the late 1930s and 1940s.28 Sadly,
Cleofás and Eulogio both died in the late 1930s, they are buried near each other in
Grandview Cemetery.
Ambriz Family
The 1940 census indicates Elizabeth Ambriz (née Chavez, born to Eulogio and
Cleofás in 1916) lived here with her husband, Mike Ambriz, whom she had married in
1939. The census taker noted they had resided in the same house in 1935. In 1952, Great
Western Sugar sold this site to Mrs. Elizabeth Ambriz. It appears that there was some
issue with the property title – two additional deeds retrieved from the Larimer County
Recorder’s Office note the transfer of Lot 18 in Alta Vista to Elizabeth Ambriz, from her
25 Thomas, Hang Your Wagon to a Star, 12.
26 Chris Wilson, “Pitched Roofs Over Flat: The Emergence of a New Building
Tradition in Hispanic New Mexico,” Perspectives in Vernacular Architecture, Vol.
4, 1991.
27 “Pneumonia Causes Death Of Eulogio Chavez, 76.” Express-Courier, September 26,
1939, pg 2.
28 “Passenger Hits, Kills Man Here.” Coloradoan, August 23 ,1948, pg 1.
“1,561 Residents of County Draw Pension Checks.” Express-Courier, March 22, 1940,
pg 8.
Page 447
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
12
brothers Donald S. Chavez and Lloyd A. Chavez. In addition, Elizabeth had Great Western
Sugar summoned to civil court to adjudicate the property rights related to this site in
January 1953.29 A decree recorded with the Larimer County District Court in February
1953 declared Ambriz the true legal owner of Lot 18 and stated she had been, “in actual,
open, exclusive and notorious adverse possession” of the property and paid all property
taxes for the previous seven years.30 Elizabeth retained ownership of the site through
1959, when she sold it to L. P. Starkey. The Ambriz’s then purchased a home at 214 N.
Meldrum and continued to reside there through 1976 when that property was demolished
for a new City Hall building; the 1960 city directory notes Mike’s employment at the Ideal
Cement Plant.31 Elizabeth passed in 1998 and Mike in 2000, they are buried beside each
other at the Grandview Cemetery (see Figure 2).
Gonzales Family
Fidel and Sally Gonzales first appear as residents in the 1963 city directory, where
their occupations are listed as employee of the Dreher Pickle Company and employee at
the Ideal Café (218 Linden), respectively. Fidel was born in Mesilla Park, New Mexico in
1929; Maria Celina (also Sally) was born in 1933 in Cimarron, New Mexico.32 The pair
married at an unknown date and came to Fort Collins together in 1960. For a time, the
family lived at 117 Linden, but by 1963, Fidel, Sally, and their eight children were residing
on this site.33 Gonzales worked for several farms, the Dreher Pickle Company and later in
life for the Poudre School District as a custodian while Sally worked for Teledyne/Waterpik.
In his obituary, Fidel was described as a “responsible, hardworking man, who loved his
family. He loved to take his family on Sunday drives, work on cars, dance, and shop the
Flea Markets”.34 The Gonzales children attended Fort Collins schools and in 1970, Fidel
and Sally were appointed to a resource committee for the Poudre School District’s Mexican
American Parent Advisory Commission.35 The commission’s function was to, “advise the
Poudre School District R1 … of ways and means of providing maximum education
29 “Summons in Civil Action.” Coloradoan, January 7, 1953, pg 4.
30 Decree, Civil Action #11264. Book 944, Page 219, Larimer County Recorder’s
Office. Recorded February 17, 1953.
31 “Norbest Turkey Winners.” Coloradoan, March 17, 1976, pg 36.
“Realty Transfers.” Coloradoan, November 29, 1955, pg 5.
32 ““Maria Gonzales.” Coloradoan, September 13, 2020, pg A11.
33 “At the Hospital.” Coloradoan, August 8, 1961, pg 2.
34 “Fidel Gonzales.” Coloradoan, February 25, 2015, pg C7.
35 “Students get on-the-job- experience from DE program.” Coloradoan, June 6,
1973, pg 13.
Page 448
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
13
opportunities for the Mexican-American youngsters”.36 Sally and Fidel divorced in 1974;
Fidel later remarried Rosalia (Rosie) Maria and moved to Arizona.37 In 1976, the property
was transferred to Maria Celina Gonzales from the First National Bank.38
In 1976, property owner Maria Gonzales received a $7,500 grant from the City of Fort
Collins for rehabilitation work on the residence. The monies were a part of a Community
Development Block Grant (CDBG) issued by the Department of Housing and Urban
Development (HUD). Included within the description of work to be performed was repair to
the east wall, construction of a new bathroom and utility addition, installation of new
windows and screens, interior and exterior painting, repair of the exterior stucco, and re-
shingling the entire roof.39 In addition to this work, the entire neighborhood, including this
residence, was connected to the city’s sewer line for the first time. Also in 1976, residents
of Alta Vista petitioned the Planning and Zoning Board to rename the neighborhood streets
from A Street and B Street to Alta Vista and Martinez Streets, respectively.40 Finally in
1979, Martinez Street was included in the city directory’s street and avenue guide,
although 724 Martinez was not listed.
In 1990, Maria added her son, Santiago Gonzales, to the title as a property owner;
Santiago had resided in the house since the age of five. Maria Celina passed in 2020. Her
obituary offers a heartfelt description of her life, “She was a strong independent person
who worked hard to provide for her family… On special occasions, she would make her
famous green or red chile with tortillas, beans, and fideo for her family. She enjoyed going
to Rummage sales on Saturdays, spending time with her children and grandchildren at
family gatherings and holidays”.41 After Maria’s death the property passed to Santiago
Gonzales and his children Monica Gonzales, Celina Maldonado, and James Fidel
Gonzales. The site is currently owned and occupied by the Gonzales family.42
36. Sources of information:
36 “Poudre R-1 board to set election date.” Coloradoan, July 14, 1970, pg 1.
37 “Public Notice.” Coloradoan, September 30, 1974, pg 17.
“Rosalia “Rosie” Maria Gonzales.” Coloradoan, September 20, 2008, pg 25.
38 Quit Claim Deed, Book 1742, Pg 7. Reception #177495. Document retrieved from
Larimer County Recorder’s Office.
39 Agreement, Book 1777, Page 900. Reception #200085. Document retrieved from
Larimer County Recorder’s Office.
40 “Zoning board to weigh Alta Vista street names.” Coloradoan, January 4, 1976,
pg 4.
41 “Maria Gonzales.” Coloradoan, September 13, 2020, pg A11.
42 Quit Claim Deed, Reception #20200078102. Recorded August 25, 2020.
Page 449
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
14
Adams, Robert. The Architecture and Art of Early Hispanic Colorado. Colorado Associated
University Press and State Historical Society of Colorado: Denver, CO, 1974.
Alta Vista Neighborhood. Draft Historic Cultural Landscape Form, Colorado Cultural Resources
Survey, 2017. Document on-file with City of Fort Collins.
City of Fort Collins. Hang Your Wagon to a Star: Hispanics in Fort Collins, 1900-2000. Historic
Context by Adam Thomas, SWCA Environmental Consultants, 2003.
Coloradoan
“At the Hospital.” Coloradoan, August 8, 1961, pg 2.
“At the Hospital.” Coloradoan, September 11, 1946, pg 2.
“City Council to hear reports on housing projects, finances.” Coloradoan, November 19,
1975, pg 1.
“City fees hardship for some Buckingham residents.” Coloradoan, February 5, 1978, pg 11.
“City planning task forces, NIA organizing, preparing for work.” Coloradoan, October 23,
1975, pg. 3.
“Fidel Gonzales.” Coloradoan, February 25, 2015, pg C7.
“First NIA meeting scheduled Wednesday.” Coloradoan, October 21, 1975, pg 2.
“Hearings slated on Community Development Fund.” Coloradoan, November 17, 1975, pg
3.
“Housing authority discussion planned.” Coloradoan, February 25, 1971, pg 2.
“Housing rehabilitation program.” Coloradoan, November 20, 1975, pg 3.
“Housing rehabilitation program moves forward.” Coloradoan, November 20, 1975, pg 1.
“Maria Gonzales.” Coloradoan, September 13, 2020, pg A11.
“Norbest Turkey Winners.” Coloradoan, March 17, 1976, pg 36.
“Notice to Public,” Coloradoan, July 11, 1976, pg 43.
“Passenger Hits, Kills Man Here.” Coloradoan, August 23 ,1948, pg 1.
“Poudre R-1 board to set election date.” Coloradoan, July 14, 1970, pg 1.
“Public Notice.” Coloradoan, September 30, 1974, pg 17.
“Realty Transfers.” Coloradoan, November 29, 1955, pg 5.
“Rosalia “Rosie” Maria Gonzales.” Coloradoan, September 20, 2008, pg 25.
“Street controversy tabled after criticism by residents.” Coloradoan, January 21, 1976, pg
3.
“Students get on-the-job- experience from DE program.” Coloradoan, June 6, 1973, pg 13.
“Suit Asks Legal OK on Gas Pumps.” Coloradoan, April 7, 1961, pg 1.
“Summons in Civil Action.” Coloradoan, January 7, 1953, pg 4.
“Zoning board to weigh Alta Vista street names.” Coloradoan, January 4, 1976, pg 4.
Page 450
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
15
Express-Courier
“1,561 Residents of County Draw Pension Checks.” Express-Courier, March 22, 1940, pg
8.
“Pneumonia Causes Death Of Eulogio Chavez, 76.” Express-Courier, September 26, 1939,
pg 2.
Fort Collins City Directory Collection, 1901-1980. Fort Collins Museum of Discovery,
https://history.fcgov.com/collections/directories.
“Fort Collins Housing Rehabilitation Grant Program, Program Guidelines.” City Council
Minutes, November 18, 1975. Document on-file with City of Fort Collins.
Gullett, Poppie, Maggie Jones, and Ben Lee. Colorado Cultural Resource Survey, Architectural
Inventory Form for 5LR.10643, 724 Martinez Street, 2017. Document on-file with City of
Fort Collins.
Hurd, Clayton A. “Fort Collins Sustainability and Social Inclusion Research Project: Report of
Phase I Preliminary Findings.” Prepared for the City of Fort Collins, 2015. Document on-
file with City of Fort Collins.
“Maria Gonzales Residence – 724 Martinez Street.” Planning document and schematics, 1976.
Document on-file with City of Fort Collins.
Nabokov, Peter. “Adobe: An Ancient Folk Technology,” Music and Crafts of the Southeastern
United States, Festival of American Folklife Program. Smithsonian Institute, 1981.
https://folklife-media.si.edu/docs/festival/program-book-articles/FESTBK1981_08.pdf
Ortega, Elvira. Oral History Interview with Ellen T. Ittelson, November 17, 1983. Fort Collins
Museum of Discovery, https://fchc.contentdm.oclc.org/digital/collection/oh/id/1420/rec/4.
Property Records Database. City of Fort Collins Public Documents Portal.
https://records.fcgov.com/WebLink/.
Swanson, Evadene Burris. Fort Collins Yesterdays. George and Hildegarde Morgan: Fort
Collins, CO, 1975.
SWCA Environmental Consultants. Colorado Cultural Resource Survey, Architectural Inventory
Form for 5LR.10643, 724 Martinez Street, 2003. Document on-file with City of Fort Collins
and Colorado Office of Archaeology and Historic Preservation.
Title Index Collection. Larimer County Clerk and Recorder. Fort Collins, CO.
United States Census Collection. 1900, 1910, 1920, 1930, 1940, 1950. Ancestry.com. Provo,
UT, USA: Ancestry.com Operations, Inc.
USGS, Aerial Photo Single Frame Series, 1937, 1950, 1956, 1966, 1984. Images on-file with
City of Fort Collins and geo-referenced by City of Fort Collins Geographic Information
Services.
Page 451
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
16
Wilson, Chris. “Pitched Roofs Over Flat: The Emergence of a New Building Tradition in
Hispanic New Mexico,” Perspectives in Vernacular Architecture, Vol. 4, 1991.
VI. Significance
37. Local landmark designation: Yes ☐ No ☒ Date of designation: ####
Designating authority: N/A
38. Applicable Eligibility Criteria:
National
Register
Fort Collins
Register
☒ A. ☒ 1. Associated with events that have made a significant contribution to the broad
pattern of our history;
☐ B. ☐ 2. Associated with the lives of persons significant in our past;
☒ C. ☒ 3. Embodies the distinctive characteristics of a type, period, or method of
construction, or represents the work of a master, or that possess high artistic
values, or represents a significant and distinguishable entity whose
components may lack individual distinction; or
☐ D. ☐ 4. Has yielded, or may be likely to yield, information important in history or
prehistory.
☐ Qualifies under Criteria Considerations A through G (see Manual)
☐ Does not meet any of the above criteria
Needs additional research under standards: ☐ A/1 ☐ B/2 ☐ C/3 ☐ D/4
39. Area(s) of significance:
Agriculture; Social History/Ethnic History - Hispanic; Architecture
40. Period of significance: Agriculture: 1923-1952
Social History / Hispanic Ethnic History:1923-present
Architecture: 1923 and 1976
41. Level of significance: National ☐ State ☐ Local ☒
42. Statement of significance:
Previous Evaluations of Significance
This site has been previously documented on two occasions, the first of which
occurred in 2003. SWCA Environmental Consultants evaluated the site as eligible for
listing as a local landmark noting,
“This property is significant under Criterion A for its association with
the early development of the Alta Vista neighborhood, with the sugar
beet industry, and with Hispanic settlement in Fort Collins. It is
significant under Criterion C because it is an example of adobe brick
construction – a component in one of the northernmost collection of
these buildings in North American. However, the combined levels of
historical significance, architectural importance, and physical integrity
Page 452
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
17
are not to the extent that his property would qualify for Individual
listing on the National Register of Historic Places or the Colorado
State Register of Historic Properties. Nonetheless is should be
considered individually eligible for Fort Collins landmark designation,
and a contributing resource within any potential national, state, or
Local Landmark historic district.”43
The site was documented again in 2017 by a group of three Colorado State University
students, Poppie Gullett, Maggie Jones, and Ben Lee. They found the site to be eligible
for listing on the National Register of Historic Places under Criterion A and C, on the
State Register of Historic Properties under Standards A and C, and as a Fort Collins
Landmark under Standards A and C. In their statement of significance, Gullett, Jones,
and Lee stated,
“724 Martinez Street qualifies under Criterion A for Agriculture from
1923-1960, as well as for Social History from 1923-1967, in
accordance with the National Register of Historic Places 50-year
rule. As one of the adobe brick homes originally constructed to house
field workers for the Great Western Sugar Company, the house is
deeply connected to the history of industrial agriculture, specifically
the cultivation of sugar beets, in Fort Collins. Beyond its association
with agriculture, this residence is also tied to the social history of Fort
Collins’s Hispanic population, due to the fact that “La Colonia,”
(today, Alta Vista) was established to incentivize Hispanic field
workers to reside permanently in the Fort Collins area in order to
provide a stable, experienced pool of field labor for the beet industry.
As an example of Hispano adobe-brick construction, this
residence is also significant under Criterion C for Architecture from
1923-1967, in accordance with the National Register of Historic
Places 50-year rule. Adobe brick is a particularly Hispanic building
material, and the organic growth of these homes (reflected in 724
Martinez Street’s additions), and their use of locally abundant,
inexpensive materials in their expansions is typical of the
43 SWCA Environmental Consultants, Colorado Cultural Resource Survey,
Architectural Inventory Form for 5LR.10643, 724 Martinez Street, 2003. Document
on-file with City of Fort Collins and Colorado Office of Archaeology and Historic
Preservation.
Page 453
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
18
neighborhood’s vernacular architecture. In the neighborhood,
residents, including the owners of 724 Martinez Street, expanded
their homes from a two room, hall-and-parlor plan with a wood frame
addition in order to increase the home’s interior space and reflect the
community’s changing stylistic preferences and architectural
influences from the surrounding area.”44
Current Evaluation of Local Landmark Significance
The site was revisited in 2024 and additional research was conducted leading to a
reevaluation of the site’s significance as whole. This site has been evaluated against the
City of Fort Collins Significance Standards and is found to be significant in the areas of
Agriculture, Social History/Hispanic Ethnic History, and Architecture under Standards 1
and 3. Under Significance Standard 1, the site is significant for its association with early
sugar beet agriculture and with the city’s Hispanic residents. Originally constructed by
Great Western Sugar to house beet workers and their families, this site is closely
associated with the sugar beet industry and industrial agriculture of the early twentieth
century. Discussion in both McWilliams and McWilliams’ Agriculture in the Fort Collins
Urban Growth Area 1862-1994 and Adam Thomas’ Hang Your Wagon to a Star: Hispanics
in Fort Collins, 1900-2000, note the importance of Mexican American and Hispanic labor
to the development and success of Northern Colorado’s sugar beet industry. The period of
significance for the site’s association with agriculture extends from the date of construction
in 1923 through 1952, when Great Western Sugar sold the property to the Ambriz family.
The site is also significant under Standard 1 in the area of social history and Hispanic
ethnic history for its association with Fort Collins’ Hispanic community. Although the
earliest residents of this home have not been discovered as of 2024, it seems reasonable
to assume they were Mexican-American or Hispanic based on the neighborhood’s
association with Great Western Sugar beet laborers. In addition, the site housed members
of the Chavez, Ambriz, and Gonzales families from c. 1935 through the present day. The
site’s location within Alta Vista, near Dry Creek and the former location of the sugar factory
speak to the occupants’ deep roots within our city and the geographic discrimination that
kept these families segregated on the east side of the Poudre River. In addition, the
home’s location along a paved street with no sidewalk and the addition to the southeast
44 Poppie Gullett, Maggie Jones, and Ben Lee, Colorado Cultural Resource Survey,
Architectural Inventory Form for 5LR.10643, 724 Martinez Street, 2017. Document
on-file with City of Fort Collins.
Page 454
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
19
corner speak to the beginning of the city’s efforts to address the lack of infrastructure in
the neighborhood in the 1970s and 1980s. The period of significance for the site’s
association with social history extends from 1923, when the home was constructed for
occupation by a Hispanic beet worker family, through the present, as the residence
continues to be occupied by a member of the Hispanic community and the site’s
significance and association with these historic themes is ongoing.
Under Standard 2, the site is associated with the Ambriz and Gonzales families.
Although the members of these families are known and members of the Gonzales family
played a part in addressing educational discrimination through the Poudre School District’s
Mexican American Parent Advisory Commission, none have made specific, documented
contributions to the history of the community. The site is recommended not eligible for
local landmarking under Standard 2.
Under Standard 3, the site is significant for its vernacular adobe construction and for
its distinctive 1970s addition constructed with the support of HUD grant funds. The original
portion of the residence was constructed from adobe brick in 1923 as part of Great
Western Sugar’s program to incentivize migrant Hispanic laborers to stay in Fort Collins
year-round. As families expanded and their economic prospects increased, residents of
some adobe homes in Alta Vista added one-room units reminiscent of traditional, linear
adobe building techniques, while others added wood frame additions, representing a
transition to Anglo building materials. Buildings constructed from traditional adobe bricks
require frequent maintenance, the application of wood siding over adobe or wood frame
additions to adobe buildings was both an example of cultural hybridization and a practical
choice related to annual adobe repair requirements. This residence supports both types of
additions: an adobe addition added to the original two-room portion between 1923-1949
and a frame addition added with CBDG funds in 1976.45 As Thomas describes in Hang
Your Wagon to a Star, “The results were structures that were not entirely Hispanic or
entirely Anglo. These houses, then, represent in microcosm the evolution of the Fort
Collins’s Hispanic community”.46 The site is an expression of multiple building techniques
that represent the span of Hispanic history in Fort Collins. In addition, this site is one of
twelve identified adobe brick homes remaining within Alta Vista. Outside of Alta Vista, only
45 The Gonzales family also constructed an adobe brick bedroom and kitchen
addition in the 1960s that was demolished by the City of Fort Collins in 1976.
The addition was torn down without the family’s permission.
46 Thomas, Hang Your Wagon to a Star, 13.
Page 455
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
20
one other residence in the city, the Romero House (425 10th Street, locally landmarked in
2001), is known to be constructed from adobe.
The site is also indicative of the changing attitudes of the City of Fort Collins in the
1960s and 1970s regarding Alta Vista and the city’s Hispanic community. Only through the
efforts of local and national advocates did the federal government and subsequently, the
City of Fort Collins, begin to address the decades of racial disparity through infrastructure
improvements and housing rehabilitation. It is worth noting that use of CDBG funds and
alterations made by the 1976 housing rehabilitation program were viewed by previous
architectural historians as detractions from the significance and integrity of the site. It is
only within the last few years that the City of Fort Collins Historic Preservation Service has
considered these elements to be contributing to the site’s significance because they better
capture the full history of the neighborhood’s evolution to its characteristic hybrid state of
original adobe design and wood frame modernization efforts.
The period of significance under Standard 3 is 1923, the date of original construction
and 1976, the construction date of the CDBG addition. The site’s architecture and design
clearly exhibit the changing attitudes of the City of Fort Collins towards its Hispanic
community over the course of the nineteenth century and the building’s original portion is
an exceedingly rare example of adobe construction. For these reasons the site is
recommended eligible for listing as a local landmark under Standard 3.
The site is unlikely to yield information important to history or prehistory and is
recommended not eligible for local landmarking under Standard 4.
Current Evaluation of NRHP Significance
This site has also been evaluated for eligibility against the National Register of Historic
Places (NRHP) Criteria. Requirements for listing properties on the NRHP are set by the
National Park Service and differ from those used to evaluate significance and eligibility at
the local level; a property may be eligible under one set of criteria and not the other.
The site is recommended eligible for listing on the National Register of Historic Places
under Criteria A and C for its association with sugar beet agriculture, Hispanic history, and
for its rare adobe construction. Under Criterion A, the site is significant in the area of
agriculture for its association with industrialized sugar beet farming and in the area of
Hispanic Ethnic Heritage for its association with Fort Collins early Hispanic community. In
the early twentieth century, Great Western Sugar required the labor of thousands of
individuals to grow sugar beets; despite advances in agricultural equipment and
technology, sugar beet farming relied on hand laborers well in the 1950s. Similar to the
Page 456
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
21
Germans from Russia before them, Mexican families that relocated to Fort Collins to work
in the sugar beet industry adapted to an economic system designed to exploit cheap
immigrant labor. In order to keep migrant workers in Fort Collins year-round, Great
Western Sugar constructed several two-room adobe buildings to house their workers. This
site represents both the early agricultural history of Fort Collins and the early history of
Hispanic residents, many who came to the city as beet workers for the sugar factory.
Research found no association with historically significant individuals under Criterion B
and the site is recommended not eligible for listing in the NRHP under this Criterion.
Under Criterion C, the site is recommended eligible for listing on the NRHP in the area
of architecture as an exceedingly rare remaining example of adobe brick construction in
the Fort Collins area. Although the site has seen several additions over the last 100 years,
these expansions are a reflection of the owner’s financial investment in improving living
conditions as budgets allowed and are reflective of the ongoing Hispanic-owned influence
for this property and neighborhood. In addition, this site supports both an adobe and a
wood frame addition, displaying a combination of Hispanic and Anglo building influences.
The site is unlikely to yield important information in reference to research questions
under Criterion D.
43.Assessment of historic physical integrity related to significance:
This site is significant in the areas of Agriculture, Social History, and Architecture for its
association with early sugar beet agriculture, association with the city’s Hispanic
community, and as a rare remaining example of adobe-brick construction. As such, the
site’s character defining features are its adobe brick material, linear construction, limited
ornamentation, 1976 frame addition, yard surrounded by chain link fence, and its location
and setting within the Alta Vista neighborhood.
The site retains integrity of location and setting. The building remains in the spot where
it was originally constructed within the Alta Vista neighborhood. Although the streets were
paved and some nearby residences constructed in the 1980s and 1990s, the
neighborhood retains its residential character and many elements of its origins as a
Hispanic community constructed by the sugar factory, including narrow street right-of-
ways, minimal street setbacks, and no sidewalks. Integrity of workmanship, materials, and
design is retained through the original adobe construction and the later additions and
alterations. Although the building has seen changes over the last 100 years (including an
adobe addition between 1923-1949, the likely replacement of a flat roof with a side gable
roof in the 1920s, a wood frame addition in 1976, and replacement of all windows in 1976)
these changes support the site’s significance under Standards 1 and 3 as they reflect the
Page 457
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
22
property owner’s financial investment in improving living conditions over time as their
budget allowed and the financial support provided by the City of Fort Collins as it grappled
with changing attitudes towards Hispanic communities in the 1970s. Integrity of feeling and
association remain intact; the size of the residence, its materials, additions, and location
provide a direct connect to the site’s history and association with Hispanic beet laborers.
The site is clearly identifiable as an early twentieth century residence. The site retains
sufficient integrity to convey its historic associations.
VII. National and Fort Collins Register Eligibility Assessment
44. Eligibility field assessment:
National:
Eligible ☒ Not Eligible ☐ Need Data ☐
Fort Collins:
Eligible ☒ Not Eligible ☐ Need Data ☐
45. Is there district potential? Yes ☒ No ☐
Discuss: Previous recorders of this site supported the possibility of a historic district within
Alta Vista. In 2003, SWCA noted:
The Alta Vista neighborhood retains a high concentration and
continuity of buildings and structures, linked historically and
aesthetically, which collectively posses sufficient integrity and
significance to qualify as a National Register Historic District, as well
as a Fort Collins Landmark District. The neighborhood is significant
for its association with the sugar beet industry and its labor practices
in northern Colorado, and with the Hispanic community in Fort Collins.
The neighborhood is also architecturally significant for its collection of
vernacular dwellings. Of special notes is Alta Vista’s concentration of
adobe-brick structures – one of the northernmost groupings of
domestic adobe-brick architecture in North America – many built by
Great Western Sugar Company and purchased under the company’s
employee installment plan. Alta Vista also contains a significant
collection of historic outbuildings. These include barns, garages,
chicken coops, summer kitchens, and privies, many of which cannot
be found elsewhere in Fort Collins.47
47 SWCA Environmental Consultants, Colorado Cultural Resource Survey,
Architectural Inventory Form for 5LR.10643, 724 Martinez Street, 2003. Document
Page 458
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
23
In 2017, Colorado State University students, Poppie Gullett, Maggie Jones, and Ben Lee
stated:
724 Martinez Street is a contributing property to the Alta Vista
Historic Landscape District that is locally significant under Criterion
A for Agriculture from 1923 to 1960 and Social History from 1923 to
1967. Great Western Sugar Company in Fort Collins, Colorado
developed the Alta Vista neighborhood to house the company’s
permanently settled Hispanic workers. Because of its physical and
social isolation from the City of Fort Collins, the community
remained primarily Hispanic field workers until the closing of the
factory in 1960. The neighborhood provides an excellent example of
the insular and isolated history of Hispanic sugar beet workers in the
region. This agricultural history spans from their permanent
settlement near Fort Collins in 1923 to the closing of the sugar beet
factory in 1960 while the community’s social history spans from
1923 settlement to 1967 in accordance with the NRHP fifty-year
rule. The Alta Vista Historic Landscape District is also locally
significant under Criterion C from 1923 to 1967 as an excellent
example of adobe-brick construction and newer forms of vernacular
architecture. The organic growth of the district’s vernacular
structures is a key feature of traditional Hispanic building forms, and
illustrates how Hispanic residents modified these buildings to suit
their changing needs and stylistic preferences. The vernacular
architecture here uses readily available and inexpensive local
materials for modifications that often reflected the influence of styles
popular throughout the United States. Alta Vista residents turned to
hybrid building forms to accommodate changes in their living space
needs. The period of significance under Criterion C is from 1923,
when the first adobe-brick home was constructed in the
neighborhood, to 1967 in accordance with the NRHP fifty-year
rule.48
on-file with City of Fort Collins and Colorado Office of Archaeology and Historic
Preservation.
48 Poppie Gullett, Maggie Jones, and Ben Lee, Colorado Cultural Resource Survey,
Architectural Inventory Form for 5LR.10643, 724 Martinez Street, 2017. Document
on-file with City of Fort Collins.
Page 459
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
24
The Alta Vista neighborhood continues to exhibit its connections with Fort Collins’ early
agricultural history, Hispanic history, and vernacular architecture under local Significance
Standards 1 and 3 and National Register of Historic Places Criterion A and C. If the area
were to be evaluated as a historic district, it is recommended that the reviewer use a
historic cultural landscape approach. A historic cultural landscape form would capture
additional important information regarding the site’s topography, vegetation, land use
patterns, and cultural traditions in addition to information about the historic buildings and
structures within the neighborhood.
If there is district potential, is this building: Contributing ☒ Non-contributing ☐
46. If the building is in existing district, is it: Contributing ☐ Non-contributing ☐
VIII. Recording Information
47. Photograph numbers: 101120-102827
Negatives filed at: City of Fort Collins
48. Report title: N/A
49. Date(s): May 2024
50. Recorder(s): Rebekah Schields, Historic Preservation Specialist
51. Organization: City of Fort Collins – Historic Preservation Services
52. Address: 281 N College, Fort Collins, CO 80524
53. Phone number(s): 970-224-6137
NOTE: Please include a sketch map, a photocopy of the USGS quad map indicating resource location, and
photographs.
History Colorado - Office of Archaeology & Historic Preservation
1200 Broadway, Denver, CO 80203 (303) 866-3395
Page 460
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
25
Site Photos and Maps
Figure 1: Alta Vista subdivision plat map, 1927. Image retrieved from Larimer County Recorder’s
Office.
Page 461
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
26
Figure 2: Elizabeth Chavez Ambriz, photo uploaded by Robert Copeland. Retrieved from Find a
Grave, Memorial ID#64938760. https://www.findagrave.com/memorial/64938760/elizabeth-ambriz
Figure 3: 724 Martinez, Larimer County Tax Assessor photograph, 1949. Image ID# 724MART49.
Fort Collins Museum of Discovery,
https://fchc.contentdm.oclc.org/digital/collection/ph/id/52707/rec/3.
Page 462
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
27
Figure 4: 724 Martinez, Larimer County Tax Assessor photograph, 1977. Image ID# 724MART77.
Fort Collins Museum of Discovery,
https://fchc.contentdm.oclc.org/digital/collection/ph/id/52711/rec/4.
Figure 5: “Maria Gonzales Residence-724 Martinez Street.” Schematic indicating the location of
changes to be made during the 1976 remodel. Document on-file with City of Fort Collins.
Page 463
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
28
Figure 6: 724 Martinez, unknown date (post-1976), unknown creator. Image on-file with City of Fort
Collins.
Figure 7: 724 Martinez, site overview, view west (Image #102011, R. Schields, 5/14/2024).
Page 464
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
29
Figure 8: 724 Martinez, east elevation, view west (Image #101921, R. Schields, 5/14/2024).
Figure 9: 724 Martinez, south and east elevations, view northwest (Image #101907, R. Schields,
5/14/2024).
Page 465
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
30
Figure 10: 724 Martinez, east end of south elevation, view northeast (Image #101230, R. Schields,
5/14/2024).
Figure 11: 724 Martinez, central portion of south elevation, view north (Image #101234, R.
Schields. 5/14/2024).
Page 466
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
31
Figure 12: 724 Martinez, west end of south elevation, view northwest (Image #101251, R. Schields,
5/14/2024).
Figure 13: 724 Martinez, west and south elevations, view northeast (Image #101315, R. Schields,
5/14/2024).
Page 467
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
32
Figure 14: 724 Martinez, north and west elevations, view southeast (Image #102135, R. Schields,
5/14/2024).
Page 468
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
33
Page 469
Item 22.
Resource Number: 5LR.10643 (State); B3003 (City)
Temporary Resource Number: Click here to enter text. Address: 724 Martinez Street
34
Page 470
Item 22.
RESOLUTION 1, 2024
OF THE CITY OF FORT COLLINS
HISTORIC PRESERVATION COMMISSION
RECOMMENDING LANDMARK DESIGNATION OF THE
CHAVEZ/AMBRIZ/GONZALES PROPERTY
724 MARTINEZ STREET, FORT COLLINS, COLORADO
AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF
THE CITY OF FORT COLLINS
WHEREAS, it is a matter of public policy that the protection, enhancement and perpetuation
of sites, structures, objects, and districts of historic, architectural, archeological, or geographic
significance, located within the city, are a public necessity and are required in the interest of the
prosperity, civic pride and general welfare of the people; and
WHEREAS, it is the opinion of the City Council that the economic, cultural and aesthetic
standing of this city cannot be maintained or enhanced by disregarding the historic, architectural,
archeological and geographical heritage of the city or by ignoring the destruction or defacement
of cultural assets; and
WHEREAS, the cultural, historic, architectural, archaeological, and geographic heritage of
Fort Collins is recognized within, and in some instances helps to illuminate, a broad historical
context that includes Native American use of and residence on this land as well as the systems that
authorized their forced removal and permitted Euro-American acquisition of western lands, which
preceded the establishment of the Fort Collins community; and
WHEREAS, the Historic Preservation Commission has determined that the
Chavez/Ambriz/Gonzales Property, located at 724 Martinez Street in Fort Collins and as more
specifically described in the legal description below (the “Property”) meets the standards of
significance and integrity required to be a Fort Collins landmark as set forth in City Code Section
l4-22 and is therefore eligible for designation as a Fort Collins Landmark; and
WHEREAS, the owners of the Property nominated the Property and consent to landmark
designation; and
WHEREAS, the Property is significant to Fort Collins under Standard 1 – Events and
Standard 3 – Design/Construction, contained in City Code Section 14-22(a); and the Property retains
sufficient historic integrity, as described in City Code Section 14-22(b).
NOW, THEREFORE, be it resolved by the Historic Preservation Commission of the City
of Fort Collins as follows:
Section 1. That the Historic Preservation Commission adopts and incorporates the foregoing
recitals as findings of fact and:
Docusign Envelope ID: C2A86PA2-F0E1-481F-AB1D-9AF60A62EEC5
Page 471
Item 22.
CO
P
Y
City of Fort Collins Historic Preservation Commission
Resolution No. 1, 2024
2
1. That the designation of this Property will advance the City of Fort Collins’s Policies and
Purposes for Historic Preservation; and
2. That the property is significant under Standard 1, Events/Trends, for its association with
early sugar beet farming in Fort Collins from 1923-1952 and for its association with social/
Hispanic history from 1923 until the present, and Standard 3, Design/Construction, as a rare
example of adobe construction in Fort Collins and for its Community Development Block Grant
addition; and
3. That the Property retains a preponderance of integrity to convey its significance under the
following aspects: Location, Setting, Design, Materials, Workmanship, Feeling, and Association; and
4. That the owners’ desire to protect this historic Property and its resources will be furthered
by the Property’s status as a Fort Collins Landmark and the accompanying protections and review
mechanisms that designation confers.
Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado,
described as follows, to wit:
Lot 18, Alta Vista, Fort Collins
also known by street and number as: 724 Martinez Street, Fort Collins, Colorado 80524
assessor's schedule or parcel number: 9701405018
be designated as a Fort Collins Landmark in accordance with Chapter l4 of the Code of the City
of Fort Collins.
Section 3. That the criteria contained in Chapter 14, Article IV of the City Code will serve as
the standards by which alterations, additions and other changes to buildings and structures located
upon the above-described Property will be reviewed.
Passed and adopted at a regular meeting of the Historic Preservation Commission of the City
of Fort Collins held on July 17, 2024.
____________________________
Jim Rose, Chair
ATTEST:
____________________________
Secretary/Staff
aocusign bnvelope fa: C2A86PA2-c0b1-481c-AB1a-9Ac60A62bbC5
Page 472
Item 22.
CO
P
Y
Application for Fort
Collins Landmark
Designation –
Chavez/Ambriz/
Gonzales Property
(724 Martinez St.)
8-20-2024
Yani Jones
Historic Preservation Planner
Page 473
Item 22.
2Chavez/Ambriz/Gonzales Property (724 Martinez St.
Images (left to right):
•1927 Alta Vista
Subdivision Plat
•“Prize Beet
Workers,” c. 1926,
Eulogio Chavez top
row, second from left
(FCMOD)
•Elizabeth (Chavez)
Ambriz (Robert
Copeland)
•Maria Celina
Gonzales (Fort
Collins Coloradoan,
9/13/2020)
Historic Preservation Commission Meeting (July 17, 2024)
•Application brought forward by owners: James, Monica, and Santiago Gonzales and Celina Maldonado
•Property significant under:
•Standard 1, Events/Trends
•Association with: The early sugar beet industry in Fort Collins; Hispanic history; social history
•Standard 3, Design/Construction
•Rare example of adobe construction in Fort Collins; Community Development Block Grant-funded addition
•Property has integrity under all 7 aspects: location, design, setting, materials, workmanship, feeling, and association
•HPC Resolution 1, 2024 adopted recommending City Council approve the Landmark designation of this property Page 474
Item 22.
File Attachments for Item:
23. Resolution 2024-096 Approving Participation in the Settlement with An Additional
Opioid Defendant, Kroger, and a Related Waiver of Claims.
The purpose of this item is to consider a resolution to allow the City to participate in the
Colorado Opioids Settlement with Kroger by granting approval to sign an additional participation
agreement and waiver of claims for opioid-related damages. This is in follow-up to prior
approvals of settlements with multiple other opioid defendants, negotiated through national
settlement efforts coordinated through the State of Colorado.
Page 475
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
SUBJECT
Resolution 2024-096 Approving Participation in the Settlement with An Additional Opioid
Defendant, Kroger, and a Related Waiver of Claims.
EXECUTIVE SUMMARY
The purpose of this item is to consider a resolution to allow the City to participate in the Colorado Opioids
Settlement with Kroger by granting approval to sign an additional participation agreement and waiver of
claims for opioid-related damages. This is in follow-up to prior approvals of settlements with multiple other
opioid defendants, negotiated through national settlement efforts coordinated through the State of
Colorado.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Through extensive negotiations, local governments and the Colorado Attorney General’s Office negotiated
a Memorandum of Understanding (MOU) to govern how opioid settlement funds will be allocated in
Colorado, to maximize recovery from the variety of lawsuits filed by the state and local governments across
the nation along with the Subdivision Settlement Participation Forms.
To date, Colorado is on track to receive over $787 million in opioid settlement funds, including $70 million
from the proposed Kroger settlement. However, the amount the State recovers from the settlements is
determined in part by the rate of participation of local governments, including both cities and counties, in
the settlement agreement.
More information about the State of Colorado settlements and framework for distribution and use of the
settlement funds can be found at: https://coag.gov/opioids/ .
The Colorado framework allocates to participating local governments 20% of the total settlement
funds.
The framework allocates 60% of the settlement funds to 19 regional opioid abatement councils to be
distributed for eligible projects.
o Larimer County is one of the regions that receives and then distributes the regional funds.
Page 476
Item 23.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
o The Larimer County Regional Opioid Abatement Council has received applications for and
allocated approximately $5.5 million for 2022-2024.
o The City has designated Beth Yonce, Social Sustainability Director, to serve as its
representative on the Council.
o More on the Larimer County Regional Opioid Abatement Council can be found at:
https://www.larimer.gov/bocc/regional-opioid-abatement-council#/list/ .
The framework allocates 10% of the settlement proceeds to an Infrastructure Fund that is allocated
by the Colorado Opioid Abatement Council.
The framework allocates 10% of the settlement proceeds to the State of Colorado, managed by the
Colorado Department of Law.
In 2021, Council adopted Resolution 2021-113, approving participation in the Colorado Opioids
Settlement and authorizing execution of related agreements. In 2022, Council adopted Resolution 2022-
055, authorizing the execution of an intergovernmental agreement (IGA) regarding regional opioid
settlement implementation and designating a representative to the Larimer Regional Opioid Council.
Most recently, on March 21, 2023, Council adopted Resolution 2023-028, authorizing the execution of
participation agreements and waivers of claims for the City to participating in the additional settlements
negotiated on behalf of the State of Colorado and participating local governments with opioid defendants
Teva, Allergan, Walmart, CVS and Walgreens.
An additional settlement has been negotiated with Kroger and the City may participate in the settlement
and receive settlement payments by executing the Participation Form with the Kroger defendant, including
an associated waiver of claims. The City desires to participate in this additional settlement to increase
recoveries across Colorado governments.
CITY FINANCIAL IMPACTS
By approving the settlements from this additional defendant (Koger) the City and the Larimer County region
stand to receive an undetermined amount over a period of eleven years. The State will not know the full
amount to be received by the State and allocated until all communities that choose to participate have
formalized their participation. The total amount over the eleven-year period of the settlement with Kroger
nationwide is $1.2 billion and the total amount the State of Colorado is expected to receive from Kroger is
around $70 million.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Resolution Exhibit A
Page 477
Item 23.
-1-
RESOLUTION 2024-096
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING PARTICIPATION IN THE SETTLEMENT WITH AN
ADDITIONAL OPIOID DEFENDANT, KROGER, AND A RELATED
WAIVER OF CLAIMS
A. Communities throughout the State of Colorado, including the City of Fort
Collins (“City), are suffering from an epidemic of opioid addiction.
B. The opioid epidemic has not only affected individuals and families across
the country, but it has also burdened the local and state governments charged with
providing the services needed to address the wave of addiction.
C. Local and state governments across the nation, including in Colorado, have
filed lawsuits against opioid manufacturers, distributors, and pharmacies for creating the
opioid epidemic.
D. The parties to the various opioid lawsuits have been negotiating settlement
agreements to resolve the litigation which include incentive payments for maximizing
participation by local governments.
E. Through extensive negotiations, local governments and the Colorado
Attorney General’s Office negotiated a Memorandum of Understanding to govern how
opioids settlement funds will be allocated in Colorado, to maximize recovery from the
variety of lawsuits filed by the state and local governments across the nation (“MOU”),
along with the Subdivision Settlement Participation Forms to address opioid defendants
Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson .
F. On December 7, 2021, the City Council approved Resolution 2021-113,
approving participation in the Colorado Opioids Settlemen t and authorizing execution of
related agreements, which were signed and submitted to the Colorado Attorney General
in December 2021.
G. On May 3, 2022, the City Council approved Resolution 2022 -055,
authorizing the execution of an intergovernmental agreement regarding regional opioid
settlement implementation (“IGA”) and designating a City representative to the Larimer
Regional Opioid Council.
H. The City entered into the IGA and it has since been amended to add
participation by the Town of Estes Park, pursuant to City Council’s Resolution 2023-011,
adopted on January 17, 2023.
I. On March 21, 2023, the City Council adopted Resolution 2023-028,
approving additional settlements with opioid defendants Teva, Allergan, Walmart, CVS
and Walgreens.
Page 478
Item 23.
-2-
J. A national settlement has now been negotiated on behalf of the State of
Colorado and participating local governments with an additional opioid defendant, Kroger,
and the City may participate in this settlement and receive settlement payments by
executing the Participation Form for this opioid defendant, including an associated waiver
of claims.
K. The City desires to participate in the Colorado opioids settlement to
increase recoveries for Colorado government entities and so the City is eligible to receive
settlement funds to be used for approved purposes to abate the opioid epidemic as
defined in the MOU for the benefit of the residents of the City.
L. Accordingly, the City Council desires to approve and authorize execution of
the Kroger Participation Form attached to this Resolution.
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:
Section 1. The City Council approves the Participation Form attached hereto as
Exhibit A and incorporated herein by this reference
Section 2. The Mayor is authorized and directed to execute on behalf of the City
the attached Participation Form.
Passed and adopted on August 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Carrie M. Daggett
Page 479
Item 23.
EXHIBIT A TO RESOLUTION 2024-096
Page 480
Item 23.
EXHIBIT A TO RESOLUTION 2024-096
Page 481
Item 23.
EXHIBIT A TO RESOLUTION 2024-096
Page 482
Item 23.
File Attachments for Item:
24. Resolution 2024-100 Authorizing a Second Amendment to the Intergovernmental
Agreement Between the Poudre River Public Library District, the City of Fort Collins , and
Larimer County.
The purpose of this item is to amend the Intergovernmental Agreement (IGA) between the
Poudre River Public Library District, the City and Larimer County to change the selection
process when there are vacancies on the District board. This amendment would allow the
District Trustees to interview applicants and recommend appointments for ratification by Council
and the County Board of Commissioners.
Page 483
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
SUBJECT
Resolution 2024-100 Authorizing a Second Amendment to the Intergovernmental Agreement
Between the Poudre River Public Library District, the City of Fort Collins, and Larimer County.
EXECUTIVE SUMMARY
The purpose of this item is to amend the Intergovernmental Agreement (IGA) between the Poudre River
Public Library District, the City and Larimer County to change the selection process when there are
vacancies on the District board. This amendment would allow the District Trustees to interview applicants
and recommend appointments for ratification by Council and the County Board of Commissioners.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Fort Collins Regional Library District was approved by the voters in November of 2006 and funded
with three mills of property tax. The District, County and City entered into an interim IGA in July 2007 in
which the City continued to operate the libraries on behalf of the District at the District expense until January
1, 2008. On December 4, 2007, Council adopted Ordinance No. 139, 2007 approving a final IGA regarding
the City’s and County’s roles in the management and operation of the Library District. The IGA was signed,
and operation of the Fort Collins public libraries was turned over to the District on December 31, 2007.
An amendment to the IGA (the “First Amendment”) was approved in June 2012, to expand the list of
services provided by the City to the District and simplify the process for changing the list of services in the
future, and making other clarifying changes.
The state library statutes say that the legislative bodies of the local governments that form a library district
(in this case the City and County) shall appoint two members each to a committee that appoints the initial
trustees. After that, they can either continue to appoint trustees that way, or they can delegate to the board
of trustees of the district the authority to recommend new trustees. Either way, the appointments still must
be ratified by the legislative bodies of the governments.
The 2007 IGA stated that the City and County would continue to select new trustees and that process has
been followed since 2008. The Library District and the County have expressed interest in changing the way
that trustees are appointed because the current process is time-consuming and administratively
Page 484
Item 24.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
burdensome for both the City and County since there are often more than 30 candidates that apply for the
position and trying to coordinate schedules is very difficult.
Again, under the state library law, the City and County ultimately are the final decision makers on the
appointments. The amendment only makes changes to the selection process which would be run by the
District, and the City and County would ratify the appointments, rather than having a committee of City
Councilmembers and County Commissioners review applications, interview candidates and recommend
the trustees.
The Library District Board will consider the proposed second amendment at their meeting on August 12
and the County Board of Commissioners will consider the amendment during their August 20 meeting.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
Page 485
Item 24.
-1-
RESOLUTION 2024-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A SECOND AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
POUDRE RIVER PUBLIC LIBRARY DISTRICT, THE CITY OF
FORT COLLINS, AND LARIMER COUNTY
A. Pursuant to Section 24-90-107(3)(h) of the Colorado Revised Statutes, the
Poudre River Public Library District (“District”), the City and Larimer County (“County”)
entered into an Intergovernmental Agreement dated December 18, 2007, which sets forth
the rights, obligations, and responsibilities, financial and otherwise, of the City, the County
and the District (the “IGA”).
B. The parties amended the IGA through a First Amendment to
Intergovernmental Agreement dated June 4, 2012, to expand the list of services provided
by the City as stated in Exhibit B to the IGA and simplify the process for changing Exhibit
B in the future, as well as to provide that the District will reimburse the City for any City -
approved refunds of the City Impact Fee.
C. The IGA requires that the City and County appoint trustees to the District’s
Board of Trustees through a committee made up of two members of each legislative body,
with both legislative bodies ratifying such appointments. This is one process allowed by
Colorado law; the other option is that the legislative bodies that form a library district can
delegate to the district’s board of trustees the authority to appoint new trustees, with
ratification by the legislative bodies still required.
D. The District and the County have expressed interest in changing the way
trustees are appointed because the current process is time -consuming and
administratively burdensome for the County and the City.
E. City staff recommends that the City Council authorize a Second
Amendment to the IGA to allow the District Board of Trustees to appoint new trustees,
subject to approval by the City Council and County Commissioners . A draft of the
proposed Second Amendment is attached and incorporated herein as Exhibit “A”.
F. The District Board of Trustees was scheduled to consider the Second
Amendment at its meeting on August 12, 2024, and the County Commissioners are
scheduled to consider it at their regular meeting on August 20, 2024.
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:
Section 1. The Mayor is hereby authorized to execute the Second Amendment
to Intergovernmental Agreement in substantially the form attached hereto as Exhibit “A”,
Page 486
Item 24.
-2-
with such 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.
Section 2. The City’s execution of the Second Amendment is contingent upon
the Library District Board of Trustees and the Larimer County Commissioners taking
appropriate action to approve the execution of the Second Amendment by their respective
entities.
Passed and adopted on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Ingrid Decker
Page 487
Item 24.
EXHIBIT A TO RESOLUTION 2024-100
SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
THIS SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
(“Amendment”) is made and entered into by and between THE POUDRE RIVER PUBLIC
LIBRARY DISTRICT, formerly known as the Fort Collins Regional Library District (“District”),
the CITY OF FORT COLLINS, COLORADO (“City”), and LARIMER COUNTY, COLORADO
(“County”) and is effective on the date last signed below.
RECITALS
1. Pursuant to § 24-90-107(3)(h), C.R.S., the District, City and County entered into
an Intergovernmental Agreement dated December 18, 2007, which sets forth the rights,
obligations, and responsibilities, financial and otherwise, of the City, the County and the District
(the “IGA”).
2. The parties amended the IGA through a First Amendment to Intergovernmental
Agreement dated June 4, 2012 (the “First Amendment”), to expand the list of services in Ex hibit
B to the IGA and simplify the process for changing Exhibit B in the future, as well as to provide
that the District will reimburse the City for any City-approved refunds of the City Impact Fee.
3. The parties now wish to further amend the IGA to modify the process for appointing
trustees to the District’s Board of Trustees.
NOW, THEREFORE, the parties hereto agree as follows:
1. That Article I of the IGA is amended by the addition of a new Section 1.7, as follows:
Section 1.7 Appointment of Trustees The City and County
hereby delegate to the Board of Trustees of the District the authority to
recommend new trustees for ratification by a two-thirds majority of the
legislative bodies of both the City and County as provided in §24-90-108,
C.R.S., as amended.
2. That Section 2.4 of the IGA is hereby amended to read as follows:
Section 2.4 Appointment of Trustees. The City, in cooperation
with the County, shall be responsible for ratifying the appointment of trustees
recommended by the District to the Board of Trustees pursuant to §24-90-108,
C.R.S., as amended. Upon receipt of a recommendation for appointment by
the Board of Trustees of the District, the City Council shall vote on the
appointment at a regularly scheduled meeting, either approving the
appointment or rejecting the appointment. If the appointment is approved by
both the City and County, the individual shall be deemed appointed to the
Board of Trustees for the District. If the appointment is rejected by either the
City or County, the Board of Trustees for the District shall provide a
recommendation for a new individual to fill the vacancy. If more than one
Page 488
Item 24.
EXHIBIT A TO RESOLUTION 2024-100
vacancy is open, the Board of Trustees for the District shall provide a
recommendation for each vacancy and the City Council shall approve or reject
each recommendation separately.
3. That Section 7.1 of the IGA is hereby amended to read as follows:
Section 7.1 Appointment of Trustees. The County, in cooperation
with the City, shall be responsible for ratifying the appointment of trustees
recommended by the District to the Board of Trustees pursuant to §24-90-108,
C.R.S., as amended, and for any additional responsibilities mandated under the
Colorado Library Law, as amended. Upon receipt of a recommendation for
appointment by the Board of Trustees of the District, the County shall vote on
the appointment at a regularly scheduled meeting, either approving the
appointment or rejecting the appointment. If the appointment is approved by
both the City and County, the individual shall be deemed appointed to the
Board of Trustees for the District. If the appointment is rejected by either the
City or County, the Board of Trustees for the District shall provide a
recommendation for a new individual to fill the vacancy. If more than one
vacancy is open, the Board of Trustees for the District shall provide a
recommendation for each vacancy and the County shall approve or reject each
recommendation separately.
4. All terms and conditions of the IGA remain in full force and effect except as
modified by this Amendment and the First Amendment.
BOARD OF COUNTY COMMISSIONERS
LARIMER COUNTY, COLORADO
___________________________________ ____________________________________
Chairman Date
ATTEST: Approved as to form:
Larimer County Attorney
Page 489
Item 24.
EXHIBIT A TO RESOLUTION 2024-100
POUDRE RIVER PUBLIC LIBRARY DISTRICT
BOARD OF TRUSTEES
___________________________________ ____________________________________
President Date
ATTEST: Approved as to Form:
Secretary Seter & Vander Wall, P.C.
CITY OF FORT COLLINS, COLORADO
____________________________________
Mayor Date
ATTEST: Approved as to Form:
Name: ___________________________ Sr. Assistant City Attorney
Title: ____________________________
Page 490
Item 24.
File Attachments for Item:
25. Items Relating to FLEX Route Regional Transit Services Intergovernmental
Agreements.
A. Resolution 2024-101 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the City of Loveland for FLEX Route Regional Transit
Services.
B. Resolution 2024-102 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the Town of Berthoud for FLEX Route Regional Transit
Services.
C. Resolution 2024-103 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the County of Boulder for FLEX Route Regional Transit
Services.
D. Resolution 2024-104 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the City of Boulder for FLEX Route Regional Transit
Services.
E. Resolution 2024-105 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins, Colorado and the City of Longmont for FLEX Route Regional Transit
Services.
The purpose of these items is to authorize the City Manager to sign separate Intergovernmental
Agreements (“IGAs”) with the City of Loveland, the Town of Berthoud, the City of Boulder, the
County of Boulder, and the City of Longmont (collectively, the “FLEX Partners”) by which the
FLEX Partners will contribute funds toward the operating cost of the FLEX Route Regional
Transit Service bus route to further the goals of regional connectivity through transit.
Page 491
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kaley Zeisel, Transfort, Director
Annabelle Phillips, Assistant Director, Transfort
SUBJECT
Items Relating to FLEX Route Regional Transit Services Intergovernmental Agreements.
EXECUTIVE SUMMARY
A. Resolution 2024-101 Authorizing the Execution of an Intergovernmental Agreement between the City
of Fort Collins, Colorado and the City of Loveland for FLEX Route Regional Transit Services.
B. Resolution 2024-102 Authorizing the Execution of an Intergovernmental Agreement between the City
of Fort Collins, Colorado and the Town of Berthoud for FLEX Route Regional Transit Services.
C. Resolution 2024-103 Authorizing the Execution of an Intergovernmental Agreement between the City
of Fort Collins, Colorado and the County of Boulder for FLEX Route Regional Transit Services.
D. Resolution 2024-104 Authorizing the Execution of an Intergovernmental Agreement between the City
of Fort Collins, Colorado and the City of Boulder for FLEX Route Regional Transit Services.
E. Resolution 2024-105 Authorizing the Execution of an Intergovernmental Agreement between the City
of Fort Collins, Colorado and the City of Longmont for FLEX Route Regional Transit Services.
The purpose of these items is to authorize the City Manager to sign separate Intergovernmental
Agreements (“IGAs”) with the City of Loveland, the Town of Berthoud, the City of Boulder, the County of
Boulder, and the City of Longmont (collectively, the “FLEX Partners”) by which the FLEX Partners will
contribute funds toward the operating cost of the FLEX Route Regional Transit Service bus route to further
the goals of regional connectivity through transit.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions.
BACKGROUND / DISCUSSION
Since 2016, the City has entered into separate agreements with the City of Loveland, the Town of
Berthoud, the City of Longmont, the City of Boulder, and the County of Boulder that allow the City of Fort
Collins to operate the FLEX regional route with partner contributions from all five entities. Notably,
Colorado State University also contributes financially to the operation of the FLEX regional bus route
through a separate IGA that previously was executed between the City of Fort Collins and Colorado State
University.
Page 492
Item 25.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Additional financial contributions toward the operation of the FLEX route includes grant funding from state
and federal sources. The total breakdown of contributions is as follows:
Contributor % Passenger Activity Partner Contribution
Grants & CSU N/A $ 265,089
City of Fort Collins 46.69% $ 926,002
City of Loveland 32.32% $ 641,031
City of Longmont 7.28% $ 144,439
Boulder County 6.25% $ 124,043
City of Boulder 5.23% $ 103,648
Town of Berthoud 2.22% $ 44,026
Totals $ 2,248,278
These Resolutions would authorize the City Manager to execute the IGAs with the FLEX Partners, which
are intended to be effective retroactively on January 1, 2024. The extended delay in executing this year’s
IGAs is the result of unanticipated changes in the availability of federal funding, particularly the FASTER
funding.
CITY FINANCIAL IMPACTS
There are no financial impacts as these agreements provide for expenditures on services to be reimbursed
by the FLEX Partners.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
No board or commission recommendations are associated with this item.
PUBLIC OUTREACH
No public outreach was conducted as part of this item.
ATTACHMENTS
1. Resolution A for Consideration
2. Exhibit A to Resolution A - Loveland FLEX Agreement
3. Resolution B for Consideration
4. Exhibit A to Resolution B - Berthoud FLEX Agreement
5. Resolution C for Consideration
6. Exhibit A to Resolution C - Boulder (County of) FLEX Agreement
7. Resolution D for Consideration
8. Exhibit A to Resolution D - Boulder (City) FLEX Agreement
9. Resolution E for Consideration
10. Exhibit A to Resolution E - Longmont FLEX Agreement
Page 493
Item 25.
-1-
RESOLUTION 2024-101
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
FORT COLLINS, COLORADO AND THE CITY OF LOVELAND
FOR THE FLEX ROUTE REGIONAL TRANSIT SERVICES
A. Each year since 2016, the City has entered into an intergovernmental
agreement (“IGA”) with the City of Loveland (“Loveland”) to provide FLEX Route Regional
Transit Services.
B. Both the City and Loveland contribute a percentage of funds based on the
ridership of each jurisdiction.
C. This partnership has contributed toward regional connectivity transit goals,
and City Council wishes to continue offering these services.
D. The funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process;
thus, no appropriation action is required with this item.
E. This Resolution comes before City Council to authorize the attached IGA
for Bus Service between the City of Fort Collins and City of Loveland substantially in the
form attached hereto as Exhibit “A” and incorporated herein by this reference (the “IGA”).
F. The attached IGA for Bus Service with the City of Loveland is intended to
be effective retroactively on January 1, 2024 . The extended delay in executing this IGA
is the result of unanticipated changes in the availability of federal funding.
G. City Council has determined that the IGA is in the best interests of the City
and that the City Manager be authorized to execute the IGA between the City and
Loveland in support thereof.
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:
Section 1. City Council hereby authorizes the City Manager to execute the IGA
in substantially the form attached hereto as Exhibit “A,” together with such modifications
and additions 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 as set forth above.
Section 2. During the term of the IGA the City Manager, in consultation with the
City Attorney, also is authorized to approve and execute amendments to the IGA
consistent with this Resolution so long as the City Manager determines such
Page 494
Item 25.
-2-
amendments: (a) are reasonably necessary and appropriate to protect the City’s interests
or provide a benefit to the City; (b) effectuate the purposes of this Resolution; 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 August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Madelene Shehan
Page 495
Item 25.
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
CITY OF LOVELAND
This Agreement is made this day of , 2024 between the City of Fort Collins, Colorado,
a municipal corporation (hereinafter “Fort Collins”), and the City of Loveland, Colorado, a municipal
corporation (hereinafter “Loveland”) (Fort Collins and Loveland collectively may be referred to as the
“Parties” or individually, as a “Party”).
RECITALS
WHEREAS, the Parties desire to provide regional connector bus service between Fort Collins and
Loveland; and
WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter “Transfort”);
WHEREAS, FLEX is a regional connector bus service operated by Transfort in partnership with
Loveland, Berthoud, Longmont, City of Boulder, and Boulder County (hereinafter “Partners”) to provide
services to said communities pursuant to separate Intergovernmental Agreements; and
WHEREAS, Transfort is willing and able to extend FLEX services along the U.S. Highway 287 and
Highway 119 corridors between Fort Collins and Boulder (hereinafter “FLEX”) with stops in Fort Collins,
Loveland, Longmont, and Boulder; and
WHEREAS, Fort Collins intends to execute agreements with the other Partners to address such
Partners’ obligations regarding the FLEX bus service; and
WHEREAS, the Parties have determined that significant economic and efficiency benefits result for
each Party through the provision of FLEX by Transfort.
NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable
consideration, receipt and adequacy of which is acknowledged, the Parties agree as follows:
AGREEMENT
1.The foregoing recitals are hereby incorporated as though fully set forth herein.
2.Fort Collins shall provide regional connector bus service, FLEX, in accordance with the terms of this
Agreement and as specifically identified and described in Exhibit A, attached hereto and incorporated
herein by this reference, throughout the term of this Agreement. The services identified and described in
Exhibit A are subject to increase, modification, reduction, and termination pursuant to this Section 2 and
Section 6 of this Agreement.
EXHIBIT A TO RESOLUTION 2024-101
Page 496
Item 25.
a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its sole
discretion, to the extent Fort Collins determines appropriate given the demand for service and
available resources. Prior to providing additional service at Fort Collins’ expense, Fort Collins shall
provide advance written notice to Loveland. If Fort Collins desires to increase service with
contribution from Loveland, Loveland’s prior written agreement to such increased service shall be
required. If the Parties agree to the increased service, Fort Collins and Loveland will amend Exhibit
A and Exhibit B and the respective cost share associated with the change. If the Partners do not
agree to increase contribution and service, then Fort Collins reserves the right to modify the service
pursuant to paragraph (b) below to accommodate demand. Any such additional service that exceeds
the services described in Exhibit A may be reduced or stopped by Fort Collins, at its sole discretion.
Prior to reducing or stopping any such additional service, Fort Collins will make reasonable efforts
to provide 30 days of advance written notice to the Partners.
b.In the event Fort Collins determines that circumstances require modification of FLEX services as
described in Exhibit A to better accommodate the demand for service or the efficient provision of
service, Fort Collins shall be entitled to implement such modification at its sole discretion. Fort
Collins will make reasonable efforts to provide 30 days of advance written notice of any such
modification to the Partners.
3.This Agreement shall commence on January 1, 2024 and shall continue in full force and effect until
December 31, 2024, unless sooner terminated as herein provided.
4.Fort Collins agrees that all services provided under this Agreement shall be consistent with Transfort system
operating policies and procedures, as the same may be amended in Fort Collins’ sole discretion, and that
all such services shall be consistent with the Transfort operation schedule.
5.In consideration of the services provided by Fort Collins under this Agreement, and the mutual financial
commitments herein made, Loveland agrees to contribute to the direct and indirect costs of operating
FLEX, as supplemented by such additional federal or state grant funds as may be available therefor. The
Parties agree to use ridership data to formulate the cost share associated with each Partner. Based on average
ridership data from 2019, 2021 and 2022, for each term of this Agreement, Loveland shall pay to Fort
Collins the amount of $641,031, for the year 2024 for its share of direct and indirect costs of operating
FLEX subject to any cost share adjustment pursuant to Section 7 or need for additional service pursuant to
Section 1. Fort Collins currently maintains and administers Loveland’s portion of the Urbanized Area
Formula Funding (49 U.S.C. § 5307) grant funds (the “5307 Funds”). Loveland will allow Fort Collins to
withhold $372,341 from its balance of 5307 Funds from the Fiscal Year 2024. Loveland will remain
responsible for the remaining amounts owed under this IGA after deduction of the 5307 Funds, in the
amount of $268,689. Fort Collins will invoice Partners in the first quarter of 2024 for the FLEX service
provided in 2024. Such payment shall be made within 60 days after receipt of an invoice.
6.Any additional revenues collected by Loveland from the operation of FLEX, shall be remitted to Fort
Collins. Such revenue, and any additional revenues collected by Fort Collins from the operation of FLEX,
shall be used to supplement FLEX operation expenses and will equally benefit the Parties.
EXHIBIT A TO RESOLUTION 2024-101
Page 497
Item 25.
7.The Parties agree to run a ridership analysis on a triennial basis and adjust cost shares according to ridership
quantities relative to each Partner. Ridership data will be an average of the previous year of service.
8.The Parties acknowledge and agree that the budget proposal for operation of FLEX for the term of this
Agreement includes projected FLEX Fare Revenue and anticipated revenues from bus fares pursuant to
Section 10 (“FLEX Fare Revenue”). If FLEX Revenue and FLEX Fare Revenue for the term of this
Agreement is insufficient to meet the budget for operation of FLEX, the Parties may elect to appropriate
and pay their pro rata share of any shortage. If either Party does not appropriate and pay its pro rata share
of the shortage in FLEX Revenue and FLEX Fare Revenue, Fort Collins in its sole discretion may reduce
FLEX services as necessary to reduce operating expenses in an amount sufficient to address such a shortage
or terminate FLEX service. Prior to any reduction in service or termination, Fort Collins shall provide
advance written notice to the Partners.
9.Fort Collins Transfort buses will utilize existing Regional Transportation District (hereafter “RTD”) stops
in Boulder, or as otherwise agreed by the Parties.
10.The basic cash fare to be charged for FLEX shall be One Dollar and Twenty-Five Cents ($1.25) per ride;
however, Fort Collins currently is not charging fares for the Transfort bus system. Notwithstanding, Fort
Collins in its sole discretion shall be entitled to modify the fare to be charged as necessary for the efficient
and cost-effective operation of FLEX, provided that advance written notice of any such modification is
provided to Loveland. All Fort Collins discounted fare categories for Transfort bus service will apply to
FLEX. Fort Collins shall collect any fares due from passengers and accurately record and account for such
fare receipts and ridership levels. Fort Collins shall prepare quarterly reports of such receipts and ridership
levels and shall provide such quarterly reports to Loveland.
11.All Fort Collins and City of Loveland bus pass programs will be accepted as full fare to ride FLEX. Transfers
from FLEX to the Transfort or COLT bus systems will be honored. The RTD Eco Pass will be accepted as
full fare to ride FLEX; however, free transfers from FLEX to RTD will not be honored.
12.Each Party shall designate a representative, who shall be responsible for managing such Party’s performance
of the terms of this Agreement and shall provide the other Party with written notice thereof, along with
address, telephone, and email information. All notices to be provided under this Agreement shall be
provided to such designated representatives and to the parties listed below. Any notice pursuant to this
Agreement shall be hand-delivered or sent by certified mail, return receipt requested, and addressed to
the designated representative. Any such notice shall be deemed given upon hand-delivery to the
designated representative or their address or three (3) days after mailing.
EXHIBIT A TO RESOLUTION 2024-101
Page 498
Item 25.
If to Fort Collins:
City of Fort Collins
Transfort & Parking Services Director
City of Fort Collins
250 N. Mason Street
Fort Collins, CO 80522
With a copy to:
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to Loveland:
Public Works Director
City of Loveland
2525 West 1st Street
Loveland, CO 80537
With a copy to:
City Attorney
City of Loveland
500 E. Third Street, Suite 300
Loveland, CO 80537
13.The Parties agree to cooperate fully, to a reasonable extent, in the development and implementation of any
surveys or studies undertaken by the other Party to evaluate demand, usage, cost, effectiveness, efficiency,
or any other factor relating to the success or performance of FLEX or the need for such service. However,
such cooperation shall not require the expenditure of funds more than the specific amounts set forth in
Section 5 and Exhibit B, unless approved in writing and duly appropriated by the Parties.
The Parties acknowledge that their obligations under this Agreement are subject to annual appropriation
by the governing body of each respective Party and shall not constitute or give rise to a general obligation
or other indebtedness of either Party within the meaning of any constitutional or statutory provision or
limitation of the State of Colorado nor a mandatory charge or requirement against either Party in any
ensuing fiscal year beyond the current fiscal year. If the governing body of either Party shall fail to budget
and appropriate funds for its share of expenses as described in this Agreement, then this Agreement
shall terminate as of the end of the fiscal year for which such funds were last budgeted and appropriated.
EXHIBIT A TO RESOLUTION 2024-101
Page 499
Item 25.
14.In the event a Party has been declared in default, such defaulting Party shall be allowed a period of thirty
(30)days within which to cure said default. In the event the default remains uncorrected, the Party declaring
default may elect to terminate the Agreement and so notify the defaulting Party in writing. Any amounts
due to the non-defaulting Party shall be paid within fifteen (15) days of the date of notice of termination is
received.
15.Liability of the Parties shall be apportioned as follows:
a.Fort Collins shall be responsible for all claims, damages, liability, and court awards, including
costs, expenses, and attorney fees incurred, should Fort Collins be found liable as a result of any
action or omission of Fort Collins or its officers, employees, and agents, in connection with the
performance of this Agreement.
b.Loveland shall be responsible for all claims, damages, liability, and court awards, including
costs, expenses, and attorney fees incurred, should Loveland be found liable as a result of any
action or omission of Loveland or its officers, employees, and agents, in connection with the
performance of this Agreement.
c.Nothing in this Section 16 or any other provision of this Agreement shall be construed as a waiver
of the notice requirements, defenses, immunities, and limitations the Parties may have under the
Colorado Governmental Immunity Act (Section 24-10-101, C.R.S. et seq.) or any other defenses,
immunities, or limitations of liability available to any Party by law.
d.Any liability of the Parties under this Agreement shall be subject to appropriation of funds by
their respective governing bodies sufficient to satisfy such liability as required by their Charter
provisions.
e.No elected official, director, officer, agent, or employee of the Parties shall be charged
personally or held contractually liable under any term or provision of this Agreement, or
because of any breach thereof or because of its or their execution, approval or attempted
execution of this Agreement.
16.This Agreement embodies the entire agreement of the Parties about the FLEX program. The Parties shall
not be bound by or be liable for any statement, representation, promise, inducement or understanding of
any kind or nature not set forth herein.
17.The Parties hereto may not assign this Agreement or parts hereof or its rights hereunder without the
express written consent of all of the Parties. Any attempt to assign this Agreement in the absence of such
written consent shall be null and void ab initio.
18.No changes, amendments, or modifications of any of the terms or conditions of this Agreement shall
be valid unless reduced to writing and signed by the Parties, except as provided herein.
19.The laws of the State of Colorado shall be applied to the interpretation, execution, and enforcement of
this Agreement. The Parties recognize the legal constraints imposed upon them by the constitutions,
EXHIBIT A TO RESOLUTION 2024-101
Page 500
Item 25.
statutes, and regulations of the State of Colorado and the United States, and imposed upon the Parties
by their respective charters, municipal codes, and other similar documents and, subject to such
constraints, the Parties intend to carry out the terms and conditions of this Agreement.
Notwithstanding any other provision in this Agreement to the contrary, in no event shall any party exercise
any power or take any action which shall be prohibited by applicable law.
20. Any provision rendered null and void by operation of law shall not invalidate the remainder of this
Agreement to the extent that this Agreement is capable of execution.
21. Either Party's failure to enforce any provision of this Agreement shall not in any way be construed as a
waiver of any such provision or prevent that Party thereafter from enforcing each and every other
provision of this Agreement.
22. This Agreement does not and is not intended to confer any rights or remedies upon any entity or person
other than the Parties.
23. This Agreement may be executed in multiple counterparts; all counterparts so executed shall constitute
one agreement binding upon all parties, notwithstanding that all parties are not signatories to the
original or the same counterpart.
24. This Agreement may be executed by electronic signature in accordance with C.R.S. 24-71.3-101 et seq.
Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed
original signatures for purposes of this Agreement and all matters related thereto, with such scanned
and electronic signatures having the same legal effect as original signatures.
EXHIBIT A TO RESOLUTION 2024-101
Page 501
Item 25.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. By
the signature of its representative below, each Party affirms that it has taken all necessary action to authorize
said representative to execute this Agreement.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
ATTEST:
By:
Kelly DiMartino, City Manager
Name, Title
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
Assistant City Clerk
CITY OF LOVELAND, COLORADO
a municipal corporation
By:
Stephen C. Adams, City Manager
Rod Wensing, Acting City Manager
EXHIBIT A TO RESOLUTION 2024-101
Page 502
Item 25.
EXHIBIT A
FLEX service will be provided within the following parameters:
• Days of Service: Monday – Friday (between the cities of Fort Collins and Boulder) and Monday –
Saturday (between the cities of Fort Collins and Longmont). No service is provided on New Year’s
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
• Hours of Service: 5AM – 8 PM
• Frequency of Service: 60 Minutes
Service Area Maps:
EXHIBIT A TO RESOLUTION 2024-101
Page 503
Item 25.
EXHIBIT B
2022 2023 2024
Operating Cost $2,001,672 $2,161,806 $2,248,278
Fares $40,000 N/A N/A
CMAQ Flex to Boulder
Enhancement
$218,545
$225,102
N/A
EcoPass Reimbursement $5,000 $5,000 N/A
FASTER Funding $200,000 $200,000 $200,000
CSU Contribution $63,193 $63,193 $65,089
Remainder to be split among
partners
$1,474,934
$1,668,511
$1,983,189
% Passenger Activity
(2019, 2021, 2022)
Amount Owed
Less 5307
Contribution
Loveland's
Additional 5307
Withheld
Amount
Loveland's
Amount Owed
Fort Collins 46.69% $926,002 $695,555
Loveland 32.32% $641,031 $537,379 $268,689 $268,689
Longmont 7.28% $144,439
Boulder County 6.25% $124,043
City of Boulder 5.23% $103,648
Berthoud 2.22% $44,026 $28,125
Total $1,983,189
Fort Collins UZA 5307
Breakdown
% TMA Service Area
Population
$350,000
Fort Collins 65.84% $230,447
Loveland 29.61% $103,652
Berthoud 4.54% $15,901
*highlighted = total owed by
partner
EXHIBIT A TO RESOLUTION 2024-101
Page 504
Item 25.
-1-
RESOLUTION 2024-102
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
FORT COLLINS, COLORADO AND THE TOWN OF BERTHOUD
FOR THE FLEX ROUTE REGIONAL TRANSIT SERVICES
A. Each year since 2016, the City has entered into an intergovernmental
agreement (“IGA”) with the Town of Berthoud (“Berthoud”) to provide FLEX Route
Regional Transit Services.
B. Both the City and Berthoud contribute a percentage of funds based on the
ridership of each jurisdiction.
C. This partnership has contributed toward regional connectivity transit goals,
and City Council wishes to continue offering these services.
D. The funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process;
thus, no appropriation action is required with this item.
E. This Resolution comes before City Council to authorize the attached IGA
for Bus Service between the City of Fort Collins and the Town of Berthoud substantially
in the form attached hereto as Exhibit “A” and incorporated herein by this reference (the
“IGA”).
F. The attached IGA for Bus Service with the Town of Berthoud is intended to
be effective retroactively on January 1, 2024. The extended delay in executing this IGA
is the result of unanticipated changes in the availability of federal funding.
G. City Council has determined that the IGA is in the best interests of the City
and that the City Manager be authorized to execute the IGA between the City and
Berthoud in support thereof.
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:
Section 1. City Council hereby authorizes the City Manager to execute the IGA
in substantially the form attached hereto as Exhibit “A,” together with such modifications
and additions 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 as set forth above.
Section 2. During the term of the IGA the City Manager, in consultation with the
City Attorney, also is authorized to approve and execute amendments to the IGA
Page 505
Item 25.
-2-
consistent with this Resolution so long as the City Manager determines such
amendments: (a) are reasonably necessary and appropriate to protect the City’s interests
or provide a benefit to the City; (b) effectuate the purposes of this Resolution; and (c) limit
the City’s financial obligation to expenditure of funds al ready appropriated and approved
by Council or conditioned upon such appropriation.
Passed and adopted on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Madelene Shehan
Page 506
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 507
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 508
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 509
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 510
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 511
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 512
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 513
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 514
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 515
Item 25.
EXHIBIT A TO RESOLUTION 2024-102
Page 516
Item 25.
-1-
RESOLUTION 2024-103
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
FORT COLLINS, COLORADO AND THE COUNTY OF BOULDER
FOR THE FLEX ROUTE REGIONAL TRANSIT SERVICES
A. Each year since 2016, the City has entered into an intergovernmental
agreement (“IGA”) with the County of Boulder (“Boulder County”) to provide FLEX Route
Regional Transit Services.
B. Both the City and Boulder County contribute a percentage of funds based
on the ridership of each jurisdiction.
C. This partnership has contributed toward regional connectivity transit goals,
and City Council wishes to continue offering these services.
D. The funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process;
thus, no appropriation action is required with this item.
E. This Resolution comes before City Council to authorize the attached IGA
for Bus Service between the City of Fort Collins and Boulder County substantially in the
form attached hereto as Exhibit “A” and incorporated herein by this reference (the “IGA”).
F. The attached IGA for Bus Service with Boulder County is intended to be
effective retroactively on January 1, 2024 . The extended delay in executing this IGA is
the result of unanticipated changes in the availability of federal funding.
G. City Council has determined that the IGA is in the best interests of the City
and that the City Manager be authorized to execute the IGA between the City and Boulder
County in support thereof.
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 as follows:
Section 1. City Council hereby authorizes the City Manager to execute the IGA
in substantially the form attached hereto as Exhib it “A,” together with such modifications
and additions 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 as set forth above.
Section 2. During the term of the IGA the City Manager, in consultation with the
City Attorney, also is authorized to approve and execute amendments to the IGA
Page 517
Item 25.
-2-
consistent with this Resolution so long as the City Manager determines such
amendments: (a) are reasonably necessary and appropriate to protect the City’s interests
or provide a benefit to the City; (b) effectuate the purposes of this Resolution; and (c) limit
the City’s financial obligation to expenditure of funds already appropriated and ap proved
by Council or conditioned upon such appropriation.
Passed and adopted on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Madelene Shehan
Page 518
Item 25.
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
BOULDER COUNTY
This Agreement is made this day of , 2024 between the City of Fort Collins, Colorado,
a municipal corporation (hereinafter “Fort Collins”), and the Board of County Commissioners on behalf of
the County of Boulder, State of Colorado, a public body corporate and politic, for the benefit of the
Community Planning & Permitting Department (hereinafter “Boulder County”) (Fort Collins and Boulder
County collectively may be referred to as the “Parties” or individually, as a “Party”).
RECITALS
WHEREAS, the Parties desire to provide regional connector bus service between Fort Collins and
Boulder County; and
WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter “Transfort”);
WHEREAS, FLEX is a regional connector bus service operated by Transfort (hereinafter “FLEX”) in
partnership with Loveland, Berthoud, Longmont, City of Boulder, and Boulder County (hereinafter
“Partners”) to provide services to said communities pursuant to separate Intergovernmental Agreements; and
WHEREAS, Transfort is willing and able to provide FLEX services along the U.S. Highway 287 and
Highway 119 corridors between Fort Collins and Boulder (hereinafter “FLEX”) with stops in Fort Collins,
Loveland, Longmont, and Boulder; and
WHEREAS, the Parties have determined that significant economic and efficiency benefits result for
each Party through the provision of FLEX by Transfort.
NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable
consideration, receipt and adequacy of which is acknowledged, the Parties agree as follows:
AGREEMENT
1.The foregoing recitals are hereby incorporated as though fully set forth herein.
2.Fort Collins shall provide connector bus service, FLEX, in accordance with the terms of this Agreement
and as specifically identified and described in Exhibit A, attached hereto and incorporated herein by this
reference, throughout the term of this Agreement. The services identified and described in Exhibit A are
subject to increase, modification, reduction, and termination pursuant to this Section 2 and Section 15 of
this Agreement.
a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its sole
discretion, to the extent Fort Collins determines appropriate given the demand for service and
available resources. Prior to providing additional service at Fort Collins’ expense, Fort Collins shall
EXHIBIT A TO RESOLUTION 2024-103
Page 519
Item 25.
Page 2 of 9
provide advance written notice to the Partners. Prior to providing additional service with Partner
contribution, Fort Collins and the Partners will amend Exhibit A and the respective cost share
associated with the change. If the Partners and Fort Collins cannot agree to amend Exhibit A for
the additional service then any such additional service that exceeds the services described in Exhibit
A may be reduced or stopped by Fort Collins, at its sole discretion. Prior to reducing or stopping
any such additional service, Fort Collins will make reasonable efforts to provide 30 days of advance
written notice to the Partners.
b.In the event Fort Collins determines that circumstances require modification of FLEX services as
described in Exhibit A to better accommodate the demand for service or the efficient provision of
service, Fort Collins shall be entitled to implement such modification at its sole discretion. Fort
Collins will make reasonable efforts to provide 30 days of advance written notice of any such
modification to the Partners.
3.This Agreement shall commence on January 1, 2024 and shall continue in full force and effect until
December 31, 2024, unless extended or sooner terminated as herein provided.
4.Fort Collins agrees that all services provided under this Agreement shall be consistent with Transfort system
operating policies and procedures, as the same may be amended, from time to time, in Fort Collins’ sole
discretion, and that all such services shall be consistent with the Transfort operation schedule.
5.In consideration of the services provided by Fort Collins under this Agreement, and the mutual financial
commitments herein made, Boulder County agrees to contribute to the direct and indirect costs of
operating FLEX, as supplemented by such additional federal or state grant funds as may be available
therefor. The Parties agree to use ridership data to formulate the cost share associated with each Partner.
Based on average ridership data from 2019, 2021 and 2022 for each term of this Agreement, Boulder
County shall pay to Fort Collins $124,043 for the year 2024 for its share of direct and indirect costs of
operating FLEX subject to any cost share adjustment pursuant to Section 7 or need for additional service
pursuant to Section 1. Fort Collins will invoice Partners in the first quarter of 2024 for the FLEX service
provided in 2024. Such payment shall be made within 60 days after receipt of an invoice.
6.Any additional revenues collected by Boulder County from the operation of FLEX shall be remitted to
Fort Collins. Such revenue, and any additional revenues collected by Fort Collins from the operation of
FLEX, shall be used to supplement FLEX operation expenses to equally benefit the Parties.
7.The Parties agree to run a ridership analysis on a triennial basis and adjust cost shares according to ridership
quantities relative to each Partner. Ridership data will be an average of the previous year of service.
8.The Parties acknowledge and agree that the budget proposal for operation of FLEX for 2024 (or any
subsequent term of this Agreement if extended pursuant to Section 2) includes projected FLEX Revenue
and anticipated revenues from bus fares pursuant to Section 10 (“FLEX Fare Revenue”). If FLEX Revenue
and FLEX Fare Revenue for 2024 (or any subsequent term of this Agreement if extended pursuant to
Section 2) is insufficient to meet the budget for operation of FLEX, the Parties may elect to appropriate
EXHIBIT A TO RESOLUTION 2024-103
Page 520
Item 25.
and pay their pro rata share of any shortage. If either Party does not appropriate and pay its pro rata share
of the shortage in FLEX Revenue and FLEX Fare Revenue, Fort Collins in its sole discretion may reduce
FLEX services as necessary to reduce operating expenses in an amount sufficient to address such a shortage
or terminate FLEX service. Prior to any reduction in service or termination, Fort Collins shall provide
advance written notice to the Partners.
9.Fort Collins Transfort buses will utilize Regional Transportation District (hereinafter "RTD") stops in
Boulder, or as otherwise agreed upon by the Parties.
10.The basic cash fare to be charged for FLEX shall be One Dollar and Twenty-Five Cents ($1.25) per ride;
however, Fort Collins currently is not charging fares for the Transfort bus system. Notwithstanding, Fort
Collins in its sole discretion shall be entitled to modify the fare to be charged as necessary for the efficient
and cost-effective operation of FLEX, provided that advance written notice of any such modification is
provided to the Partners. All Fort Collins discounted fare categories for Transfort bus service will apply to
FLEX. Fort Collins shall collect any fares due from passengers and accurately record and account for such
fare receipts and ridership levels. Fort Collins shall prepare quarterly reports of such receipts and ridership
levels and shall provide such quarterly reports to the Partners.
11.All Fort Collins and City of Loveland bus pass programs will be accepted as full fare to ride FLEX. Transfers
from FLEX to the T ransfort or COLT bus systems will be honored. RTD Eco Pass will be accepted as full
fare to ride FLEX, but free transfers from FLEX to RTD will not be honored.
12.Boulder County will reimburse Fort Collins for all Eco Pass boardings on the FLEX route. Patrons using
an Eco Pass must show d1e Eco Pass with the patron's photo to the FLEX operators. FLEX operators should
make a reasonable attempt to confirm that the photo on the Eco Pass is the patron's photo. FLEX operators
will count each boarding made by Eco Pass via the farebox keypad or some other method. Boulder County
will pay Fort Collins $1. 25 for each Eco Pass boarding. Fort Collins will invoice Boulder County not more
often than quarterly for the Eco Pass boardings.
13.Each Party shall designate a representative, who shall be responsible for managing such Party's performance
of the terms of this Agreement and shall provide the other Party with written notice thereof, along with
address, telephone, and email information. All notices to be provided under this Agreement shall be
provided to such designated representatives. Any notice pursuant to this Agreement shall be hand
delivered or sent by certified mail, return receipt requested, and addressed to the designated
representative. Any such notice shall be deemed given upon hand-delivery to the designated
representative or their address or three (3) days after mailing.
Page 3 of9
EXHIBIT A TO RESOLUTION 2024-103
Page 521
Item 25.
Page 4 of 9
If to Fort Collins:
City of Fort Collins
Transfort & Parking Services Director
City of Fort Collins
250 N. Mason Street
Fort Collins, CO 80522
With a copy to:
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to Boulder County:
Dale Case, Director- Community Planning & Permitting
PO Box 471
Boulder, CO 80306
14.The Parties agree to cooperate fully, to a reasonable extent, in the development and implementation of any
surveys or studies undertaken by the other Party to evaluate demand, usage, cost, effectiveness, efficiency,
or any other factor relating to the success or performance of FLEX or the need for such service. Such
cooperation shall not require the expenditure of funds more than the specific amounts set forth in Section
5 and Exhibit B, however, unless approved in writing and appropriated by the Parties.
15.The Parties acknowledge that their obligations under this Agreement are subject to annual appropriation
by the governing body of each respective Party and shall not constitute or give rise to a general obligation
or other indebtedness of either Party within the meaning of any constitutional or statutory provision or
limitation of the State of Colorado nor a mandatory charge or requirement against either Party in any
ensuing fiscal year beyond the current fiscal year. If the governing body of either Party shall fail to budget
and appropriate funds for its share of expenses as described in this Agreement, then this Agreement
shall terminate as of the end of the fiscal year for which such funds were last budgeted and appropriated.
16.In the event a Party has been declared in default, such defaulting Party shall be allowed notice thereof from
the Party declaring default and a period of thirty (30) days within which to cure said default. In the event
the default remains uncorrected, the Party declaring default may elect to terminate the Agreement and so
notify the defaulting Party in writing. Any amounts due to the non-defaulting Party shall be paid within
fifteen (15) days of the date of notice of termination is received.
EXHIBIT A TO RESOLUTION 2024-103
Page 522
Item 25.
17.Liability of the Parties shall be apportioned as follows:a.Fort Collins shall be responsible for all claims, damages, liability and court awards, including costs,expenses, and attorney fees incurred, should Fort Collins be found liable as a result of any actionor omission of Fort Collins or its officers, employees, and agents, in connection with theperformance of this Agreement.b.Boulder County shall be responsible for all claims, damages, liability and court awards, includingcosts, expenses, and attorney fees incurred, should Boulder County be found liable as a result ofany action or omission of Boulder County or its officers, employees, and agents, in connection withthe performance of this Agreement.c.Nothing in this Section 17 or any other provision of this Agreement shall be construed as a waiverof the notice requirements, defenses, immunities, and limitations the Parties may have under theColorado Governmental Immunity Act (Sections 24-10-101, C.R.S. et seq.) or any other defenses,immunities, or limitations of liability available to any Party by law.d.Any liability of the Parties under this Agreement shall be subject to appropriation of funds bytheir respective governing bodies sufficient to satisfy such liability as required by their Charterprovisions.e.No elected official, director, officer, agent or employee of the Parties shall be charged personallyor held contractually liable under any term or provision of this Agreement, or because of anybreach thereof or because of its or their execution, approval or attempted execution of thisAgreement.18.TI1is Agreement embodies the entire agreement of the Parties about the FLEX program. TI1e Parties shallnot be bound by or be liable for any statement, representation, promise, inducement or understanding ofany kind or nature not set forth herein.19.The Parties hereto may not assign this Agreement or parts hereof or its rights hereunder without theexpress written consent of all of the Parties. Any attempt to assign this Agreement in the absence of suchwritten consent shall be null and void ab initio.20.No changes, amendments or modifications of any of the terms or conditions of this Agreement shall bevalid unless reduced to writing and signed by the Parties, except as provided herein.21.TI1e laws of the State of Colorado shall be applied to the interpretation, execution and enforcement of thisAgreement. The Parties recognize the legal constraints imposed upon them by the constitutions, statutes,and regulations of the State of Colorado and the United States, and imposed upon the Parties by theirrespective charters, municipal codes and other similar documents and, subject to such constraints, theParties intend to carry out the terms and conditions of this Agreement. Notwithstanding any otherprovision in this Agreement to the contrary, in no event shall any party exercise any power or take anyaction which shall be prohibited by applicable law.Page 5 of9
EXHIBIT A TO RESOLUTION 2024-103
Page 523
Item 25.
Page 6 of 9
22.Any provision rendered null and void by operation of law shall not invalidate the remainder of this
Agreement to the extent that this Agreement is capable of execution.
23.Either Party's failure to enforce any provision of this Agreement shall not in any way be construed as a
waiver of any such provision or prevent that Party thereafter from enforcing each and every other
provision of this Agreement.
24.This Agreement does not and is not intended to confer any rights or remedies upon any entity or person
other than the Parties.
25.This Agreement may be executed in multiple counterparts; all counterparts so executed shall constitute
one agreement binding upon all parties, notwithstanding that all parties are not signatories to the
original or the same counterpart.
26.This Agreement may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101, et seq.
Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed
original signatures for purposes of this Agreement and all matters related thereto, with such scanned
and electronic signatures having the same legal effect as original signatures.
27.Each Party is a “public entity” under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et
seq., as amended, and shall always during the terms of this Agreement maintain such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. This insurance shall
have minimum limits, which shall match or exceed the maximum governmental liability limits set forth in
C.R.S. § 24-10-114, as amended.
EXHIBIT A TO RESOLUTION 2024-103
Page 524
Item 25.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. By
the signature of its representative below, each Party affirms that it has taken all necessary action to authorize
said representative to execute this Agreement.
By:
ATTEST:
Name, Title
APPROVED AS TO FORM:
Assistant City Attorney
By: CITY OF FORT COLLINS, COLORADO a municipal corporation
Kelly DiMartino, City Manager THE COUNTY OF BOULDER, a body corporate and politic
Jana Petersen, County Administrator
Page 7 of9
EXHIBIT A TO RESOLUTION 2024-103
Page 525
Item 25.
Page 8 of 9
EXHIBIT A
FLEX service will be provided within the following parameters:
•Days of Service: Monday – Saturday (between the cities of Fort Collins and Boulder). No service
is provided on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
•Hours of Service: 5AM – 8 PM
•Frequency of Service: 60 Minutes
Service Area Maps:
EXHIBIT A TO RESOLUTION 2024-103
Page 526
Item 25.
EXHIBITB
2022 2023 2024
Operating Cost $ 2,001,672 $ 2,161,806 $ 2,248,278
Fares $ 40,000 N/A N/A
CMAQFlexto
Boulder
Enhancement $ 218,545 $ 225,102 N/A
EcoPass
Reimbursement $ 5,000 $ 5,000 N/A
FASTER Funding $ 200,000 $ 200,000 $ 200,000
CSU Contribution $ 63,193 $ 63,193 $ 65,089
Remainder to be
split among
partners $ 1,474,934 $ 1,668,511 $ 1,983,189
Loveland's
Additional
% Passenger Activity 5307 Withheld Loveland's
(2019, 2021, 2022) Amount Owed Less 5307 Contribution Amount Amount Owed
Fort Collins 46.69% $ 926,002 $ 695,555
$ $
Loveland 32.32% $ 641,031 $ 537,379 268,689 268,689
Longmont 7.28% $ 144,439
Boulder County 6.25% $ 124,043
City of Boulder 5.23% $ 103,648
Berthoud 2.22% $ 44,026 $ 28,125
Total $ 1,983,189
Fort Collins UZA % TMA Service Area
5307 Breakdown Population $ 350,000
Fort Collins 65.84% $ 230,447
Loveland 29.61% $ 103,652
Berthoud 4.54% $ 15,901
*highlighted= total
owed by partner
Page 9 of9
EXHIBIT A TO RESOLUTION 2024-103
Page 527
Item 25.
-1-
RESOLUTION 2024-104
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
FORT COLLINS, COLORADO AND THE CITY OF BOULDER FOR
THE FLEX ROUTE REGIONAL TRANSIT SERVICES
A. Each year since 2016, the City has entered into an intergovernmental
agreement (“IGA”) with the City of Boulder (“Boulder”) to provide FLEX Route Regional
Transit Services.
B. Both the City and Boulder contribute a percentage of funds based on the
ridership of each jurisdiction.
C. This partnership has contributed toward regional connectivity transit goals,
and City Council wishes to continue offering these services.
D. The funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process;
thus, no appropriation action is required with this item.
E. This Resolution comes before City Council to authorize the attached IGA
for Bus Service between the City of Fort Collins and City of Boulder substantially in the
form attached hereto as Exhibit “A” and incorporated herein by this reference (the “IGA”).
F. The attached IGA for Bus Service with the City of Boulder is intended to be
effective retroactively on January 1, 2024 . The extended delay in executing this IGA is
the result of unanticipated changes in the availability of federal funding.
G. City Council has determined that the IGA is in the best interests of the City
and that the City Manager be authorized to execute the IGA between the City and Boulder
in support thereof.
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:
Section 1. City Council hereby authorizes the City Manager to execute the IGA
in substantially the form attached hereto as Exhibit “A,” together wit h such modifications
and additions 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 as set forth above.
Section 2. During the term of the IGA the City Manager, in consultation with the
City Attorney, also is authorized to approve and execute amendments to the IGA
Page 528
Item 25.
-2-
consistent with this Resolution so long as the City Manager determines such
amendments: (a) are reasonably necessary and appropriate to protect the City’s interests
or provide a benefit to the City; (b) effectuate the purposes of this Resolution; 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 August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Madelene Shehan
Page 529
Item 25.
This Agreement is made this day of , 2024, between the City of Fort Collins, Colorado,
a home rule municipal corporation (hereinafter “Fort Collins”), and the City of Boulder, a home rule city
(hereinafter “Boulder”) (Fort Collins and Boulder collectively may be referred to as the “Parties” or, individually,
as a “Party”).
RECITALS
WHEREAS, the Parties desire to provide regional connector bus service between Fort Collins and
Boulder; and
WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter “Transfort”);
WHEREAS, FLEX is a regional connector bus service operated by Transfort in partnership with
Loveland, Berthoud, Longmont, City of Boulder, and Boulder County (hereinafter “Partners”) to provide
services to said communities pursuant to separate Intergovernmental Agreements; and
WHEREAS, Transfort is willing and able to extend FLEX services along the U.S. Highway 287 and
Highway 119 corridors between Fort Collins and Boulder (hereinafter “FLEX”) with stops in Fort Collins,
Loveland, Berthoud, Longmont, and Boulder; and
WHEREAS, the Parties have determined that significant economic and efficiency benefits result for
each Party through the provision of FLEX by Transfort.
NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable
consideration, receipt and adequacy of which is acknowledged, the Parties agree as follows:
AGREEMENT
1.The foregoing recitals are hereby incorporated as though fully set forth herein.
2.Fort Collins shall provide connector bus service, FLEX, in accordance with the terms of this Agreement
and as specifically identified and described in Exhibit A, attached hereto and incorporated herein by this
reference, throughout the term of this Agreement. The services identified and described in Exhibit A are
subject to increase, modification, reduction, and termination, pursuant to this Section 2 and Section 14 of
this Agreement.
a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its sole
discretion, to the extent Fort Collins determines appropriate given the demand for service and
available resources. Prior to providing additional service at Fort Collins’ expense, Fort Collins shall
provide advance written notice to the Partners. Prior to providing additional service with Partner
contribution, Fort Collins and the Partners will amend Exhibit A and the respective cost share
14th May
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
CITY OF BOULDER
EXHIBIT A TO RESOLUTION 2024-104
Page 530
Item 25.
Page 2 of 9
associated with the change if the Partners all agree to such additional service and respective cost
share. If the Partners and Fort Collins cannot agree to amend Exhibit A for the additional service
then any such additional service that exceeds the services described in Exhibit A may be reduced or
stopped by Fort Collins, at its sole discretion. Prior to reducing or stopping any such additional
service, Fort Collins will make reasonable efforts to provide 30 days of advance written notice to
the Partners.
b.In the event Fort Collins determines that circumstances require modification of FLEX services as
described in Exhibit A to better accommodate the demand for service or the efficient provision of
service, Fort Collins shall be entitled to implement such modification at its sole discretion. Fort
Collins will make reasonable efforts to provide 30 days of advance written notice of any such
modification to the Partners.
3.This Agreement shall commence on January 1, 2024, and shall continue in full force and effect until
December 31, 2024, unless sooner terminated as herein provided.
4.Fort Collins agrees that all services provided under this Agreement shall be consistent with Transfort system
operating policies and procedures, as the same may be amended, from time to time, in Fort Collins’ sole
discretion, and that all such services shall be consistent with the Transfort operation schedule.
5.In consideration of the services provided by Fort Collins under this Agreement, and the mutual financial
commitments herein made, Boulder agrees to contribute to the direct and indirect costs of operating FLEX,
as supplemented by such additional federal or state grant funds as may be available therefor. The Parties
agree to use ridership data to formulate the cost share associated with each Partner. Based on average
ridership data from 2019, 2021 and 2022 for each term of this Agreement, Boulder shall pay to Fort
Collins the amount of $103,648 for the year 2024 as its share of direct and indirect costs of operating FLEX
subject to Section 7. Fort Collins will invoice Partners in the first quarter of 2024 for the FLEX service
provided in 2024 and the first quarter of each subsequent year. Such payment shall be made within 60 days
after receipt of an invoice.
6.Any additional revenues collected by Boulder from the operation of FLEX, shall be remitted to Fort Collins.
Such revenue, and any additional revenues collected by Fort Collins from the operation of FLEX, shall be
used to supplement FLEX operation expenses to equally benefit the Parties.
7.The Parties agree to run a ridership analysis on a triennial basis and adjust cost shares according to ridership
quantities relative to each Partner. Ridership data will be an average of the previous year of service.
8.The Parties acknowledge and agree that the budget proposal for operation of FLEX for 2024 includes
projected FLEX Revenue and anticipated revenues from bus fares pursuant to Section 10 (“FLEX Fare
Revenue”). If FLEX Revenue and FLEX Fare Revenue for 2024 is insufficient to meet the budget for
operation of FLEX, the Parties may elect to appropriate and pay their pro rata share of any shortage. If
either Party does not appropriate and pay its pro rata share of the shortage in FLEX Revenue and FLEX
Fare Revenue, Fort Collins in its sole discretion may reduce FLEX services as necessary to reduce operating
EXHIBIT A TO RESOLUTION 2024-104
Page 531
Item 25.
Page 3 of 9
expenses in an amount sufficient to address such a shortage or terminate FLEX service. Prior to any
reduction in service or termination, Fort Collins shall provide advance written notice to the Partners.
9.Fort Collins Transfort buses will utilize existing Regional Transportation District (hereinafter “RTD”)
stops in Boulder, or as otherwise agreed upon by the Parties.
10.The basic cash fare to be charged for FLEX shall be One Dollar and Twenty-Five Cents ($1.25) per ride;
however, Fort Collins currently is not charging fares for the Transfort bus system. Notwithstanding, Fort
Collins in its sole discretion shall be entitled to modify the fare to be charged as necessary for the efficient
and cost-effective operation of FLEX, provided that advance written notice of any such modification is
provided to the Partners. All Fort Collins discounted fare categories for Transfort bus service will apply to
FLEX. Fort Collins shall collect any fares due from passengers and accurately record and account for such
fare receipts and ridership levels. Fort Collins shall prepare quarterly reports of such receipts and ridership
levels and shall provide such quarterly reports to the Partners.
11.All Fort Collins and City of Loveland bus pass programs will be accepted as full fare to ride FLEX. Transfers
from FLEX to the Transfort or COLT bus systems will be honored. RTD Eco Pass will be accepted as full
fare to ride FLEX, but free transfers from FLEX to RTD will not be honored.
12.Each Party shall designate a representative, who shall be responsible for managing such Party’s performance
of the terms of this Agreement and shall provide the other Party with written notice thereof, along with
address, telephone, and email information. All notices to be provided under this Agreement shall be
provided to such designated representatives. Any notice pursuant to this Agreement shall be hand-
delivered or sent by certified mail, return receipt requested, and addressed to the designated
representative. Any such notice shall be deemed given upon hand-delivery to the designated
representative or their address or three (3) days after mailing.
If to Fort Collins:
City of Fort Collins
Transfort & Parking Services Director
City of Fort Collins
250 N. Mason Street
Fort Collins, CO 80522
With a copy to:
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
EXHIBIT A TO RESOLUTION 2024-104
Page 532
Item 25.
Page 4 of 9
If to City of Boulder:
Transit Program Manager
City of Boulder
1777 Broadway
Boulder, CO 80302
With a copy to:
City Attorney
City of Boulder
P. O. Box 791
Boulder, CO 80306
13.The Parties agree to cooperate fully, to a reasonable extent, in the development and implementation of any
surveys or studies undertaken by the other Party to evaluate demand, usage, cost, effectiveness, efficiency,
or any other factor relating to the success or performance of FLEX or the need for such service. Such
cooperation shall not require the expenditure of funds more than the specific amounts set forth in Section
5 and Exhibit B, however, unless approved in writing and appropriated by the Parties.
14.The Parties acknowledge that their obligations under this Agreement are subject to annual appropriation
by the governing body of each respective Party and shall not constitute or give rise to a general obligation
or other indebtedness of either Party within the meaning of any constitutional or statutory provision or
limitation of the State of Colorado nor a mandatory charge or requirement against either Party in any
ensuing fiscal year beyond the current fiscal year. If the governing body of either Party shall fail to budget
and appropriate funds for its share of expenses as described in this Agreement, then this Agreement
shall terminate as of the end of the fiscal year for which such funds were last budgeted and appropriated.
15.In the event a Party has been declared in default, such defaulting Party shall be allowed a period of thirty
(30)days within which to cure said default. In the event the default remains uncorrected, the Party declaring
default may elect to terminate the Agreement and so notify the defaulting Party in writing. Any amounts
due to the non-defaulting Party shall be paid within fifteen (15) days of the date of notice of termination is
received.
16.Liability of the Parties shall be apportioned as follows:
a.Nothing in this Section 16 or any other provision of this Agreement shall be construed as a
waiver of the notice requirements, defenses, immunities, and limitations the Parties may have
under the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S. et seq.) or any
other defenses, immunities, or limitations of liability available to any Party by law.
b.Any liability of the Parties under this Agreement shall be subject to appropriation of funds
by their respective governing bodies sufficient to satisfy such liability as required by their
Charter provisions.
EXHIBIT A TO RESOLUTION 2024-104
Page 533
Item 25.
Page 5 of 9
c.No elected official, director, officer, agent or employee of the Parties shall be charged
personally or held contractually liable under any term or provision of this Agreement, or
because of any breach thereof or because of its or their execution, approval or attempted
execution of this Agreement.
17.This Agreement embodies the entire agreement of the Parties about the FLEX program. The Parties shall
not be bound by or be liable for any statement, representation, promise, inducement or understanding of
any kind or nature not set forth herein.
18.The Parties hereto may not assign this Agreement or parts hereof or its rights hereunder without the
express written consent of all of the Parties. Any attempt to assign this Agreement in the absence of such
written consent shall be null and void ab initio.
19.No changes, amendments or modifications of any of the terms or conditions of this Agreement shall be
valid unless reduced to writing and signed by the Parties, except as provided herein.
20.The laws of the State of Colorado shall be applied to the interpretation, execution and enforcement of this
Agreement. The Parties recognize the legal constraints imposed upon them by the constitutions, statutes,
and regulations of the State of Colorado and the United States, and imposed upon the Parties by their
respective charters, municipal codes and other similar documents and, subject to such constraints, the
Parties intend to carry out the terms and conditions of this Agreement. Notwithstanding any other
provision in this Agreement to the contrary, in no event shall any party exercise any power or take any
action which shall be prohibited by applicable law.
21.Any provision rendered null and void by operation of law shall not invalidate the remainder of this
Agreement to the extent that this Agreement is capable of execution.
22.Either Party's failure to enforce any provision of this Agreement shall not in any way be construed as a
waiver of any such provision or prevent that Party thereafter from enforcing each and every other
provision of this Agreement.
23.This Agreement does not and is not intended to confer any rights or remedies upon any entity or person
other than the Parties.
24.This Agreement may be executed in multiple counterparts; all counterparts so executed shall constitute
one agreement binding upon all parties, notwithstanding that all parties are not signatories to the
original or the same counterpart.
25.This Agreement may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101, et seq.
Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed
original signatures for purposes of this Agreement and all matters related thereto, with such scanned
and electronic signatures having the same legal effect as original signatures.
EXHIBIT A TO RESOLUTION 2024-104
Page 534
Item 25.
Page 6 of 9
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]
EXHIBIT A TO RESOLUTION 2024-104
Page 535
Item 25.
Page 7 of 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. By
the signature of its representative below, each Party affirms that it has taken all necessary action to authorize
said representative to execute this Agreement.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
ATTEST:
By:
Kelly DiMartino, City Manager
Name, Title
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
CITY OF BOULDER, COLORADO
a Colorado home rule city
By:
Nuria Rivera-Vandermyde, City Manager
City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
EXHIBIT A TO RESOLUTION 2024-104
Page 536
Item 25.
Page 8 of 9
EXHIBIT A
FLEX service will be provided within the following parameters:
• Days of Service: Monday – Friday (between the cities of Fort Collins and Boulder) and Monday –
Saturday (between the cities of Fort Collins and Longmont). No service is provided on New Year’s
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
• Hours of Service: 5AM – 8 PM
• Frequency of Service: 60 Minutes
Service Area Maps:
EXHIBIT A TO RESOLUTION 2024-104
Page 537
Item 25.
Page 9 of 9
EXHIBIT B
2022 2023 2024
Operating Cost
$
2,001,672
$
2,161,806
$
2,248,278
Fares
$
40,000 N/A N/A
CMAQ Flex to Boulder
Enhancement
$
218,545
$
225,102 N/A
EcoPass Reimbursement
$
5,000
$
5,000 N/A
FASTER Funding
$
200,000
$
200,000
$
200,000
CSU Contribution
$
63,193
$
63,193 $ 65,089
Remainder to be split among
partners
$
1,474,934
$
1,668,511 $ 1,983,189
% Passenger Activity
(2019, 2021, 2022) Amount Owed
Less 5307
Contribution
Loveland's
Additional 5307
Withheld Amount
Loveland's
Amount Owed
Fort Collins 46.69%
$
926,002
$
695,555
Loveland 32.32%
$
641,031
$
537,379
$
268,689
$
268,689
Longmont 7.28%
$
144,439
Boulder County 6.25%
$
124,043
City of Boulder 5.23%
$
103,648
Berthoud 2.22%
$
44,026 $ 28,125
Total
$
1,983,189
Fort Collins UZA 5307
Breakdown
% TMA Service Area
Population
$
350,000
Fort Collins 65.84%
$
230,447
Loveland 29.61%
$
103,652
Berthoud 4.54%
$
15,901
*highlighted = total owed by
partner
EXHIBIT A TO RESOLUTION 2024-104
Page 538
Item 25.
-1-
RESOLUTION 2024-105
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
FORT COLLINS, COLORADO AND THE CITY OF LONGMONT
FOR THE FLEX ROUTE REGIONAL TRANSIT SERVICES
A. Each year since 2016, the City has entered into an intergovernmental
agreement (“IGA”) with the City of Longmont (“Longmont”) to provide FLEX Route
Regional Transit Services.
B. Both the City and Longmont contribute a percentage of funds based on the
ridership of each jurisdiction.
C. This partnership has contributed toward regional connectivity transit goals,
and City Council wishes to continue offering these services.
D. The funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process;
thus, no appropriation action is required with this item.
E. This Resolution comes before City Council to authorize the attached IGA
for Bus Service between the City of Fort Collins and the City of Longmont substantially in
the form attached hereto as Exhibit “A” and incorporated herein by this reference (the
“IGA”).
F. The attached IGA for Bus Service with the City of Longmont is intended to
be effective retroactively on January 1, 2024 . The extended delay in executing this IGA
is the result of unanticipated changes in the availability of federal funding.
G. City Council has determined that the IGA is in the best interests of the City
and that the City Manager be authorized to execute the IGA between the City and
Longmont in support thereof.
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:
Section 1. City Council hereby authorizes the City Manager to execute the IGA
in substantially the form attached hereto as Exhibit “A,” together wi th such modifications
and additions 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 as set forth above.
Page 539
Item 25.
-2-
Section 2. During the term of the IGA the City Manager, in consultation with the
City Attorney, also is authorized to approve and execute amendments to the IGA
consistent with this Resolution so long as the City Manager determines such
amendments: (a) are reasonably necessary and appropriate to protect the City’s interests
or provide a benefit to the City; (b) effectuate the purposes of this Resolution; 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 August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Madelene Shehan
Page 540
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 541
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 542
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 543
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 544
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 545
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 546
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 547
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 548
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 549
Item 25.
EXHIBIT A TO RESOLUTION 2024-105
Page 550
Item 25.
File Attachments for Item:
26. Resolution 2024-106 Approving Fort Fund Special Events Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community
events in the Special Event Grant – July Deadline category, based upon the recommendations
of the Cultural Resources Board.
Page 551
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Solara Clark, Project Coordinator
Eileen May, Cultural Services Director
Ted Hewitt, Legal
SUBJECT
Resolution 2024-106 Approving Fort Fund Special Events Grant Disbursements.
EXECUTIVE SUMMARY
The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming
Account and the Tourism Programming Account for the selected community events in the Special Event
Grant – July Deadline category, based upon the recommendations of the Cultural Resources Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s
Cultural Development and Programming Account and the Tourism Programming Account in accordance
with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax fund
is applied to the Cultural Development and Programming Account and 5% of revenue from lodging tax is
dedicated to the Tourism Programming Account. Local non-profit organizations may apply to Fort Fund for
cultural and/or tourism event support. The Cultural Resources Board is authorized to review grant
applications based on approved guidelines and make recommendations for Fort Fund disbursements to
Council, pursuant to Section 2-145 (b) of the City Code. There are three funding categories available and
a total of five deadlines: Special Event Grant (January and July deadlines), Program Support Grant (March
and September deadlines), and Cross-Sector Impact Grant (October deadline).
Fort Fund grants support arts and cultural events that enrich the creative vitality of the community, promote
local heritage and diversity, and provide opportunities for arts and cultural participation. The grants help
promote Fort Collins as a creative center and tourist destination and promote the health and well-being of
all residents and visitors.
July 25, 2024 Funding Session
At their July 25th, 2024 funding session, the Cultural Resources Board reviewed four (4) Special Event
Grant – July Deadline applications with total requests equaling $24,000. Four (4) applications were found
eligible and recommended for funding for $17,000.
Page 552
Item 26.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The following table summarizes the Special Event Grant – July Deadline requests, available funds and
grant award amounts:
Grant Requests Available Funds Grant Awards
$24,000 $17,000 $17,000
The Cultural Resources Board scored each application using the funding criteria outlined in the Fort Fund
Guidelines and discussed the applications at its July 25, 2024 meeting. The Board’s approval and
discussion is outlined in the draft minutes. (Attachment 1) The Board is recommending disbursement of
$17,000 to the eligible applicants as outlined in Exhibit A to the Resolution.
CITY FINANCIAL IMPACTS
The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s
Cultural Development and Programming Account and Tourism Programming Account in accordance with
the provisions of Section 25-244 of the City Code. This Resolution would distribute $17,000 from the
Cultural Development and Programming Account and Tourism Programming Account to local non-profit
organizations. Each grantee organization must provide funds to match the grant amount. These funds were
budgeted and appropriated in the 2024 budget. Lodging tax is collected pursuant to Section 25-242 of the
City Code.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Cultural Resources Board is presenting these recommendations to Council for programs and
organizations to receive funding at the recommended grant amounts from the Cultural Development and
Programming Account and Tourism Programming Account.
Exhibit A to the Resolution presents the allocations recommended by the Cultural Resources Board to the
Council for Special Event Grant – July Deadline funding.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Exhibit A to the Ordinance
3. Cultural Resources Board Minutes, July 25, 2024
Page 553
Item 26.
-1-
RESOLUTION 2024-106
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING FORT FUND SPECIAL EVENTS GRANT
DISBURSEMENTS
A. Providers of lodging accommodations in the City are required by Section
25-242 of the City Code to pay three percent of all revenues derived from such lodging
accommodations to the City as a lodging tax.
B. The Fort Fund Grant Program (“Fort Fund”) supports projects and activities
that provide arts and cultural programming to the Fort Collins community and visitors.
Established in 1989, Fort Fund distributes lodging tax revenues deposited in the City’s
Cultural Development and Programming Account and the Tourism Programming Account
in accordance with the provisions of Section 25-244 of the City Code.
C. Local organizations may apply to Fort Fund for cultural and tourism event
support. There are three Fort Fund funding programs available for applicants: Special
Events; Program Support; and Cross-Sector Impact.
D. The City's Cultural Resources Board reviews applications from the
community for Fort Fund monies and makes recommendations to the City Council in
accordance with Section 2-145(b) of the City Code and the administrative guidelines for
Fort Fund (the “Fort Fund Guidelines”).
E. At its meeting on July 25, 2024, the Cultural Resources Board
recommended funding for various proposals in the Special Events category based on the
criteria and considerations set forth in Section 2 -145(b) of the City Code and the Fort
Fund Guidelines.
F. The use of lodging tax revenues will provide a public benefit to the Fort
Collins community by supporting cultural development and public programming activities
within the City.
G. The City Council has determined it will advance these purposes to approve
Fort Fund grant disbursements as set forth in Exhibit “A,” which is attached hereto.
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:
Section 1. The City Council hereby finds that the distribution of funds through
the Fort Fund program as set forth on Exhibit “A” will promote the cultural and economic
health of the community and in doing so will serve a recognized and valuable public
purpose.
Page 554
Item 26.
-2-
Section 2. Funds in the total amount of Seventeen Thousand Dollars ($17,000),
comprised of Ten Thousand Seven Hundred Fifty Dollars ($10,750) from the City's
Cultural Development and Programming Account and Six Thousand Two-Hundred Fifty
Dollars ($6,250) from the Tourism Programming Account, are hereby approved for
distribution as set forth in Exhibit “A”.
Passed and adopted on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Ted Hewitt
Page 555
Item 26.
APPLICANT PROPOSED EVENT/DATE
FUNDING
REQUESTS
CULTURAL
DEVELOPMENT &
PROGRAMMING
TOURISM
PROGRAMMING
UNFUNDED
BALANCE
PERCENT
OF
REQUEST
FUNDED
CSU Dance
Body/Speak 2025
2/7-8/2025 $5,000 $3,384 $1,616 68%
Friends of the Symphony
The Family Concert
1/19/2025 $7,500 $5,375 $2,125 72%
Soda Shop Movement Company
My Vintage Valentine: Macabre Movements for
a Deadful Date Night
2/1/2025 $7,500 $5,375 $2,125 71%
The YAY! Foundation
YAY! Day Fort Collins
10/5/2024 $4,000 $2,866 $1,134 72%
Totals $24,000 $7,000 71%
Scores are based on application materials and Fort Fund's "Criteria for Funding."
FORT FUND GRANT PROGRAM
2024 Special Event Grant - July Deadline
$17,000
Approved Funding
EXHIBIT A TO RESOLUTION 2024-106
Page 556
Item 26.
Cultural Resources Board
REGULAR MEETING
Thursday, July 25, 2043 – 5:30 PM, White Pine Room, The Center for Creativity
1/25/24– MINUTES Page 1
CALL TO ORDER: 5:38 PM
ROLL CALL
• Board Members Present –Sheri Emerick, Conner Horak-Flood, Jessica MacMillan, Kelly
Mosher, Leslie Walker (Chair)
• Board Members Remote – Vicki Fogel Mykles (Vice-Chair)
• Board Members Absent – Audra Vaisbort
• Staff Members Present – Solara Clark, Eileen May
• Guest(s) – Michael Gormley, Blast N Scrap
AGENDA REVIEW
• Katy Schneider was unable to attend the meeting. Her agenda item will be removed from
New Business.
CITIZEN PARTICIPATION
• Nancy Zola (a member of the Art in Public Places Board) attended the meeting to
observe. She briefly introduced herself.
APPROVAL OF MINUTES
• Approval of June 2024 minutes. Jessica MacMillan made a motion to accept the corrected
minutes. Sheri Emerick seconded the motion. The motion passed unanimously. Approved
by roll call, Ayes: Sheri Emerick, Conner Horak-Flood, Jessica MacMillan, Kelly Mosher,
Vicki Fogel Mykles, Leslie Walker.
UNFINISHED BUSINESS
NEW BUSINESS
• 2024 Special Event Grant: July Deadline – Discussion and Funding Recommendations
o Solara Clark reviewed the 2024 Special Event Grant: July Deadline Funding
Results.
The Board discussed and reviewed four 2024 Special Event Grant: July
Deadline applications and funding recommendations.
o Sheri Emerick made a motion to accept the funding recommendations. Conner
Horak-Flood seconded the motion. The motion passed unanimously. Approved
by roll call, Ayes: Sheri Emerick, Conner Horak-Flood, Jessica MacMillan, Kelly
DR
A
F
T
Page 557
Item 26.
Cultural Resources Board
REGULAR MEETING
Thursday, July 25, 2043 – 5:30 PM, White Pine Room, The Center for Creativity
1/25/24– MINUTES Page 2
Mosher, Vicki Fogel Mykles, Leslie Walker.
o The Board discussed each application including what impacted their scores.
• Grantee Presentation – Blast N Scrap
o Michael Gormley from Blast N Scrap discussed the history, overview, and
upcoming programs for the organization.
o The Board asked some questions about Blast N Scrap.
• Capacity Building Workshop – Discussion
o Leslie Walker informed the Board that the upcoming workshop for grantees on
grant writing will be Monday, October 21, 2024 from 3-5 in the Golden Aspen
room at the Center for Creativity.
o Solara Clark will be sending a calendar invite to Board members for the
workshop.
o There will be co-facilitators at this workshop. Leslie Walker gave the Board an
overview of the qualifications of the two facilitators.
• Eileen May – Cultural Services Overview – Presentation
o Eileen May presented to the Board an overview of the Cultural Services
department with special attention to the budget.
Eileen answered questions asked by the Board.
DIRECTOR’S REPORT
• There is no Director’s Report.
BOARD MEMBER REPORTS
• Conner Horak-Flood attended the Museum of Art Fort Collins’ current exhibit.
• Jessica MacMillan met with Jephta Bernstein from Off the Hook Arts.
• Leslie Walker attended the Old Fashioned Fourth of July put on by the Poudre
Landmarks Foundation, Lincoln Center Support League’s Children’s Summer Series.
OTHER BUSINESS
• Solara Clark informed the Board of the upcoming Human Library event on August 4
from 2-5 pm at the Fort Collins Museum of Discovery.
• Leslie Walker informed the Board that she will not longer be attending Art in Public
Places Board meeting as the CuRB liaison. The Board agreed that it was unnecessary
to appoint someone else to that position. Board members are encouraged to attend an
APP Board meeting. Solara Clark will send out the information to the Board.
• Eileen May reminded the Board that the Center for Creativity will have its Creative
Industry Night opening on Friday, July 26 from 6-8 pm and that the public opening is
Saturday, July 27 from 10 am to 2 pm.
DR
A
F
T
Page 558
Item 26.
Cultural Resources Board
REGULAR MEETING
Thursday, July 25, 2043 – 5:30 PM, White Pine Room, The Center for Creativity
1/25/24– MINUTES Page 3
• There is interest in holding a meeting at the new Visit Fort Collins location. Solara Clark
and Eileen May will discuss with Visit Fort Collins.
ADJOURNMENT:
• Sheri Emerick made a motion to adjourn at 7:25 PM. Jessica MacMillan seconded the
motion. The motion passed unanimously. Approved by roll call, Ayes: Sheri Emerick,
Conner Horak-Flood, Jessica MacMillan, Kelly Mosher, Vicki Fogel Mykles, Leslie
Walker.
Respectfully submitted,
Solara Clark
Project Coordinator
DR
A
F
T
Page 559
Item 26.
File Attachments for Item:
27. Second Reading of Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the
General Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
This Ordinance, adopted on First Reading by a vote of 4-2 (Nays: Ohlson, Gutowsky; Absent:
Pignataro) appropriates one-time dollars in the amount of $150,000 to be used for a Civic
Assembly engagement process in relation to the Hughes Site Plan work. Staff is also requesting
that City Council approve a sole source exception for Healthy Democracy Fund to provide
services related to the design, coordination and implementation of a civic assembly should grant
revenue bring the project above $200,000.
Page 560
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Ginny Sawyer, Sr. Project Manager
SUBJECT
Second Reading of Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the General
Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading by a vote of 4-2 (Nays: Ohlson, Gutowsky; Absent: Pignataro)
appropriates one-time dollars in the amount of $150,000 to be used for a Civic Assembly engagement
process in relation to the Hughes Site Plan work. Staff is also requesting that City Council approve a sole
source exception for Healthy Democracy Fund to provide services related to the design, coordination and
implementation of a civic assembly should grant revenue bring the project above $200,000.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
City Council has expressed a desire to engage the public in a manner that ensures all voices are heard.
Civic Assemblies are a method that utilizes both random selection, demographic representation, and
compensation to engage diverse residents in learning about a topic, hearing ideas from a variety of
interest groups, and ultimately producing well-informed recommendations to City Council on the topic
through deliberations. In considering this method, City staff have proposed the Council priority of
developing a use plan for the Hughes site as a topic. This also relates to the Council priority to make
government more accessible, approachable and fun.
Staff have started collaborating with the American Public Trust (APT), CSU’s Center for Public
Deliberation, the Strayer Center, Healthy Democracy Fund, and the Local Policy Lab regarding this idea.
If funded, 2024 money would be used, through a contract with Healthy Democracy Fund, to raise
awareness in the community, send random mailings to seek participants and develop logistical materials
and secure meeting locations. 2025 would likely be when the event would actually occur and those
dollars would be used for participant compensation, matching grant commitments, and consultant help.
Parallel to a civic assembly, the broader public will still be offered the traditional methods of engagement.
The civic assembly tool is being proposed as an addition because of the variety of interest groups,
complexity of the project, and potential for polarization in the community. This will also be a learning
Page 561
Item 27.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
opportunity to see how the community responds to this new model of local democracy.
In addition to the $150,000 appropriation, APT is working on securing funding sources from philanthropic
organizations to support even more robust public engagement, outreach efforts, and inclusion support for
assembly members. In accordance with Code Section 8-161(d)(3), City Council approval is required for
exceptions to the procurement process for anything $200,000 or more.
Healthy Democracy Fund is a unique nonpartisan, nonprofit organization in the United States that works
with local governments to design, coordinate and implement civic assemblies through a lottery selected
panel. Their processes are topic-agnostic and moderators only ask non-content questions to help guide
the process not the outcome. Healthy Democracy Fund has worked in California on land-use projects,
specifically in Petaluma, CA related to a 55-acre City owned property that was formerly a fairground and
in Santa Monica related to an anticipated closure of their airport.
Engagement with Native Community
Council requested for information regarding discussions between the Native community and the Equity &
Inclusion Office pertaining to the Hughes site. Below is a short summary as well as potential future
engagement,
Feb 2023- During a Native Community meeting, the Hughes site was discussed, and information
provided was provided about the ballot language. Discussion occurred around what this could mean
for the native community and tribal interests.
May 2023- City staff hosted a Zoom call with the Native Community to inform them about the Hughes
site and create space for the community to voice their interests. Prior to the City officially purchasing
the land in June 2023, a small group of Native community members had organized to produce Land
Back project proposal for native use on the property.
Proposed for Fall 2024- Informal Consultation: This would include Local Native community
members and Tribal Representatives that have indicated a connection to the area / Hughes site. This
would be a step to prepare the community to work with Healthy Democracy Fund and American Public
Trust. This informal consultation would create space for the Native community and Tribal
representatives to speak freely and gather their thoughts and ideas working towards consensus on
potential Native uses of the land in preparation to work alongside a civic assembly.
During this item discussion, American Public Trust and Healthy Democracy Fund will be joining remotely
to present to Council more information about the process of selecting a civic assembly and answer any
questions.
CITY FINANCIAL IMPACTS
One-time dollars of $150,000 would come from the General Fund. Any supplemental revenue received in
the form of grants would be brought to Council for appropriation at that time.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 562
Item 27.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 563
Item 27.
-1-
ORDINANCE NO. 106, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND FOR A CIVIC ASSEMBLY PROCESS IN RELATION TO
THE HUGHES STADIUM SITE
A. In 2021, a citizen-initiated ballot initiative passed, requiring the City to
purchase the Hughes Stadium Site (the “Site”), rezone the 164.56 acre Site to Public
Open Lands District (POL) and use the Site for “parks, recreation, and open lands, natural
areas, and wildlife rescue and restoration.” The City and the Board of Governors of the
CSU System signed a contract on March 2, 2023, regarding the sale of the Site to the
City. The total cost of the purchase, including closing costs, was $12,700,000.
B. City Council has expressed a desire to engage the public about the use of
the Site in a manner that ensures all voices are heard. Civic assemblies are a method
that utilizes both random selection, demographic representation, and compensation to
engage diverse residents in learning about a topic, hearing ideas from a variety of interest
groups, and ultimately producing well-informed recommendations to City Council on the
topic through deliberations. City staff have proposed th at the Council priority of developing
a use plan for the Site be a topic for consideration by a civic assembly.
C. Healthy Democracy Fund is a unique nonpartisan, nonprofit organization in
the United States that works with local governments to design, coordinate and implement
civic assemblies through a lottery selected panel. Their processes are topic-agnostic and
moderators only ask non-content questions to help guide the process, not the outcome.
Healthy Democracy Fund has a track record of convening civic assemblies on local
government land use issues.
D. Healthy Democracy Fund has created a proposal to engage a civic
assembly to advise the City Council on the future uses of the Site. The proposal would
cost $150,000 to implement, with the potential to provide more public engagement,
outreach efforts and inclusion support for an additional $100,000. This ordinance
appropriates $150,000 in prior year reserves and if grant funds are secured, City staff
would bring an additional appropriation ordinance to appropriate those grant funds.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of contracting for a public
engagement process relating to the use of public property.
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 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.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
Page 564
Item 27.
-2-
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
FORT COLLINS that there is hereby appropriated from Prior Year Reserves in the
General Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) to
be expended in the General Fund for a Civic Assembly Process in Relation to the Hughes
Stadium Site.
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Carrie Daggett
Page 565
Item 27.
File Attachments for Item:
28. First Reading of Ordinance No. 123, 2024, Amending Chapter 4 of the Code of the City
of Fort Collins to Ban the Retail Sale of Dogs and Cats.
The purpose of this item is to ban the retail sale of dogs and cats from stores within Fort Collins
city limits.
Page 566
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Ginny Sawyer, Project Manager
Sylvia Tatman-Burruss, Project Manager
SUBJECT
First Reading of Ordinance No. 123, 2024, Amending Chapter 4 of the Code of the City of Fort
Collins to Ban the Retail Sale of Dogs and Cats.
EXECUTIVE SUMMARY
The purpose of this item is to ban the retail sale of dogs and cats from stores within Fort Collins city limits.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
Many in the community have been asking Council to address concerns related to animals sourced from
puppy and kitten mills by adopting a ban on the retail sale of dogs and cats. At the June 18, 2024, regular
meeting a formal request was made to bring such an ordinance to Council at the August 20, 2024, regular
meeting.
The Ordinance presented is modeled from other ordinances adopted in other communities. To date, 14
other Colorado municipalities have adopted similar ordinances. Only one of those communities had an
existing pet store and that business was allowed to continue. Fort Collins has one pet store that does sell
puppies.
Should Council adopt the ordinance as written, the implementation date would be May 20, 2025.
Alternatively, if Council wishes to create an exception for the existing pet store that currently sells dogs and
cats, the following language could be added at the beginning of Section 4-122(a):
Except for retail stores engaged in such activities within the City limits prior to the effective
date of Ordinance No. 123, 2024.
Staff has confirmed that NOCO Humane could enforce this Ordinance as part of their contract with the City.
CITY FINANCIAL IMPACTS
None.
Page 567
Item 28.
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. Presentation
Page 568
Item 28.
-1-
ORDINANCE NO. 123, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF FORT
COLLINS TO BAN THE RETAIL SALE OF DOGS AND CATS
A. The City of Fort Collins has an interest in maintaining the public safety and
welfare of the community.
B. In addition to state and federal laws, the City has a local responsibility to
promote animal welfare and encourage best practices in the breeding and purchasing of
dogs and cats. City Council believes that a community that promotes animal welfare is a
healthier community.
C. The sale of dogs and cats sourced from large -scale commercial breeding
facilities where the health and welfare of the animals is disregarded to maximize profits
(“puppy mills” and “kitten mills,” respectively) is a business practice that is not in the best
interest of the public welfare of the City.
D. While City Council recognizes that not all dogs and cats retailed in stores
are products of inhumane breeding conditions and would not classify every commercial
breeder selling dogs or cats to retail stores as a puppy or kitten mill, puppy and kitten
mills continue to exist in large part because of public demand and the sale of dogs and
cats in stores.
E. The retail sale of dogs and cats in the City is inconsistent with the City’s
desire to be a community that is committed to its pets and animal welfare.
F. Section 35-80-108.5(3) of the Colorado Revised Statutes recognizes the
authority of the City, as a Colorado home rule municipality, to prohibit the sale or offer for
sale of dogs and cats.
G. A ban on the retail sale of dogs and cats will promote community awareness
of animal welfare and, in turn, will foster a more humane environment in the City.
H. Most pet stores, both large chains and small, family-owned shops, are
already in compliance with the proposed Ordinance as they already do not sell dogs and
cats but rather profit from selling products, offering services, and in some cases,
collaborating with local animal shelters and rescues to host charitable adoption events.
I. This Ordinance sets an implementation date of May 20, 2025, to allow
sufficient time for any stores within the City that sell dogs and cats at retail to bring their
operations into compliance.
J. This Ordinance would not affect a consumer’s ability to obtain a dog or cat
of their choice from an animal rescue, animal shelter, or the City’s small, reputable, in-
home breeders.
Page 569
Item 28.
-2-
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 4-1 of the Code of the City of Fort Collins is hereby amended
by the addition of the following new definitions, which read in their en tirety as follows:
Sec. 4-1. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
. . .
Animal rescue organization shall mean any not-for-profit organization which has tax-
exempt status under Section 501(c)(3) of the United States Internal Revenue Code,
whose mission and practice is, in whole or in significant part, the rescue and placement
of animals in permanent homes. This term does not include an entity that is a breeder or
broker or one that obtains animals from a breeder or broker for profit or compensation.
. . .
Breeder shall mean a person that maintains a dog or cat for the purpose of breeding and
selling their offspring.
Broker shall mean a person that transfers a dog or cat from a breeder for resale by
another person.
Cat shall mean any animal of the species Felis catus or any hybrid thereof.
. . .
Dog shall mean any animal of the family Canidae including, without limitation, those
related to the wolf, fox, coyote, or any other domestic canid hybrid thereof.
. . .
Hobby breeder shall mean a person who lawfully delivers, offers for sale, barters,
auctions, gives away, or otherwise transfers directly to the pub lic only dogs or cats that
were bred and reared on the premises of the person, on which premises a consumer may
view the conditions where the dogs or cats were bred and reared, and speak with the
breeder directly.
. . .
Offer for sale shall mean to sell, offer for sale or adoption, advertise for sale of, barter,
auction, give away, or otherwise dispose of a dog or cat.
Page 570
Item 28.
-3-
. . .
Section 2. Chapter 4, Division 6 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 4-122 which reads in its entirety as follows:
Sec. 4-122. Retail sale of dogs and cats prohibited.
(a) No retail store or its owner, operator or employees shall sell, deliver, offer for sale
or adoption, advertise for sale of, barter, auction, give away, or otherwise transfer or
dispose of cats or dogs.
(b) This prohibition shall not apply to lawfully operated hobby breeders, animal rescue
organizations, and animal shelters.
(c) Nothing in this section shall prevent a retail store or its owner, operator or
employees from transferring any cats or dogs to a lawfully operated animal rescue
organization or animal shelter.
(d) Nothing in this section shall prevent a retail store or its owner, operator or
employees from providing space and appropriate care for dogs and cats owned by a
lawfully operated animal rescue organization or animal shelter for the purpose of t he
lawfully operated animal rescue organization or animal shelter adopting those animals to
the public, provided that the following requirements are met:
(1) The retail store shall not have any ownership interest in the animals offered for
adoption and shall not receive a fee for the animals adopted, or for providing
space or appropriate care.
(2) A retail store that lawfully offers space for the adoption of dogs or cats must
post, in a conspicuous location on the enclosure of each such animal, a sign
listing the name and address of the animal rescue organization or animal
shelter from which the retail store acquired that dog or cat.
Section 3. Only violations of Section 4-122 as of May 20, 2025, or after are
subject to enforcement.
Page 571
Item 28.
-4-
Introduced, considered favorably on first reading on August 20, 2024, and
approved on second reading for final passage on September 3, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: September 13, 2024
Approving Attorney: Madelene Shehan
Page 572
Item 28.
Headline Copy Goes Here
August 20, 2024Ginny Sawyer, Lead Policy & Project Manager
Sylvia Tatman-Burruss, Sr. Policy & Project Manager
Madelene Shehan, Legal
City Council Regular Meeting
Prohibit Retail Sale of Puppies and Kittens
Page 573
Item 28.
Headline Copy Goes Here
2
Purpose/Background
Purpose
The purpose of this item is to ban the retail sale of dogs and cats from stores in Fort
Collins City limits.
Background
•Many in the community have been asking City Council to address concerns related
to animals sourced from puppy and kitten mills by adopting a ban on the retail sale
of dogs and cats.
•At the June 18, 2024, regular meeting a formal request was made to bring such an
ordinance to City Council at the August 20, 2024, regular meeting.
Page 574
Item 28.
Headline Copy Goes Here
3
Potential Options & Implementation
Other Policy Options for Further Consideration
•Modify the Proposed Ordinance to fully exempt existing retail sales in stores.
•Consider potential interest in new Ordinance to enact additional Code
amendments to ban sales of dogs and cats (or any live animals) from parking
lots/roadside areas, outdoor markets or sales events.
Implementation
•Should Council adopt the ordinance as written the implementation date would be
May 20,2025.
•Staff has confirmed that NOCO Humane could enforce this Ordinance as part of
their contract with the City.
Page 575
Item 28.
Headline Copy Goes Here
Page 576
Item 28.
File Attachments for Item:
29. Resolution 2024-107 Making an Appointment to the Affordable Housing Board.
The purpose of this item is to fill an existing vacancy on the Affordable Housing Board.
Pursuant to Council policy, the recommended appointee has completed or will complete the
required acknowledgement and acceptance of the Code of Conduct and the applicable laws and
policies that govern service on City of Fort Collins boards and commissions.
Page 577
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 20, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2024-107 Making an Appointment to the Affordable Housing Board.
EXECUTIVE SUMMARY
The purpose of this item is to fill an existing vacancy on the Affordable Housing Board.
Pursuant to Council policy, the recommended appointee has completed or will complete the required
acknowledgement and acceptance of the Code of Conduct and the applicable laws and policies that govern
service on City of Fort Collins boards and commissions.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
In 2023, the City Council adopted a Code of Conduct and updated Boards and Commissions Policy, along
with other policies and procedures that apply to service on City boards and commissions. Each board and
commission appointee is required to acknowledge and accept these requirements in order to take
appointed office.
This Resolution appoints one individual to fill a vacancy left by a previous board member. The appointment
will begin and expire as noted next to the recommended name shown below and in the individual resolution.
Affordable Housing Board
Appointments Term Effective Date Expiration of Term
(Seat G) August 21, 2024 June 30, 2026
CITY FINANCIAL IMPACTS
None.
Page 578
Item 29.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach to seek applicants for boards and commissions included a spotlight and press release on
the City of Fort Collins website, media releases for earned coverage in local media sources, and social
media promotion of opportunities.
ATTACHMENTS
1. Resolution for Consideration
2. Application
Page 579
Item 29.
-1-
RESOLUTION 2024-107
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE AFFORDABLE HOUSING
BOARD
A. The Affordable Housing Board has a vacancy due to the resignation of
Vanessa Montoya.
B. Councilmembers interviewed candidates for this appointment on August
16, 2024.
C. The City Council desires to make an appointment to fill this vacancy on the
Affordable Housing Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
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:
Section 1. The following named person is hereby appointed to fill the open
vacancy on the Affordable Housing Board with a term to begin and expire as noted
below next to the appointee’s name:
Affordable Housing Board
Appointments Term Effective Date Expiration of Term
________________ (Seat G) August 21, 2024 June 30, 2026
Section 2. That no person appointed in this Resolution may take office until
they have completed the required acknowledgement and acceptance of the Code of
Conduct and the applicable laws and policies that govern service on City of Fort Collins
boards and commissions.
Page 580
Item 29.
-2-
Passed and adopted on August 20, 2024.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: August 20, 2024
Approving Attorney: Carrie Daggett
Page 581
Item 29.
Page 582
Item 29.
6XSSRUWHG /RDQ 2IILFHUV
E\ SHUIRUPLQJ ILQDQFLDO DQDO\VHV WKLUG
SDUW\ UHYLHZ DVVHVVPHQWV DQG YDULRXV
DVVHW PDQDJHPHQW WDVNV LQFOXGLQJ EXW QRW
OLPLWHG WR FRYHQDQW FRPSOLDQFH ILQDQFLDO
UHSRUWLQJ ORDQ PRGLILFDWLRQV DQG DQQXDO
UHYLHZV
(QWHUSULVH &RPPXQLW\ 3DUWQHUV
6LOYHU 6SULQJ 0'
$IIRUGDEOH +RXVLQJ 5HDO (VWDWH
'HYHORSPHQW ,QWHUQ -XQH
$XJXVW
'HYHORSHG D ILQDQFLDO
VXVWDLQDELOLW\PLVVLRQ PDWUL[ WR PHDVXUH
WKH SRUWIROLR¶V DGKHUHQFH WR (QWHUSULVH
&RPPXQLW\ 'HYHORSPHQW¶V GXDO ERWWRP
OLQH RI DFKLHYLQJ ERWK SURILWDELOLW\ DQG
PLVVLRQ LPSDFW
&LW\ RI &ROXPELD
&ROXPELD 02
&LW\ 0DQDJHPHQW )HOORZ
)HEUXDU\ 0D\
&RQGXFWHG UHVHDUFK DQG
VWDWLVWLFDO DQDO\VLV WR SURYLGH WKH &LW\
0DQDJHU¶V 2IILFH ZLWK PXQLFLSDO UHSRUWV
DQG SROLF\ UHFRPPHQGDWLRQV SULPDULO\
FRQFHUQLQJ KRPHOHVVQHVV
$QDO\]HG FHQVXV GDWD LQ
RUGHU WR FUHDWH D UHSRUW IRU WKH 3XEOLF
+HDOWK 'HSDUWPHQW RQ WKH VWDWH RI SRYHUW\
DQG UDFLDO LQHTXDOLW\ LQ WKH &LW\ RI
&ROXPELD
8636 2IILFH RI ,QVSHFWRU *HQHUDO
:DVKLQJWRQ '&
$XGLWLQJ &RRS
-XO\ 'HFHPEHU
$QDO\]HG 3RVWDO 6HUYLFH
YROXPH DQG UHYHQXH GDWD ,QWHJUDWHG
)LQDQFLDO 3ODQV DQG D UDQJH RI ILQDQFLDO
GRFXPHQWV WR HQVXUH WKH DFFXUDF\ DQG
YDOLGLW\ RI 3RVWDO 6HUYLFH ILQDQFLDO
SURMHFWLRQ PHWKRGRORJLHV
&ROXPELD +RXVLQJ $XWKRULW\
&ROXPELD 02
)LQDQFH ,QWHUQ
-XQH $XJXVW
'UDIWHG WKH &ROXPELD
+RXVLQJ $XWKRULW\¶V EXGJHW EDVHG RQ
KLVWRULFDO WUHQGV FRQWUDFW DQG ORDQ
DJUHHPHQWV DQG WKH DQWLFLSDWHG FRQVXPHU
SULFH LQGH[ LQ RUGHU WR VXSSRUW WKH ILQDQFH
GHSDUWPHQW¶V UHYHQXH DQG H[SHQVH
HVWLPDWHV IRU WKH XSFRPLQJ \HDU
8SGDWHG WKH &ROXPELD
+RXVLQJ $XWKRULW\¶V SROLFLHV UHJDUGLQJ
6HFWLRQ KRXVLQJ LQ DFFRUGDQFH ZLWK QHZ
UXOHV LPSRVHG E\ WKH 'HSDUWPHQW RI
+RXVLQJ DQG 8UEDQ 'HYHORSPHQW
2IILFH RI 86 5HSUHVHQWDWLYH (PDQXHO
&OHDYHU 02
:DVKLQJWRQ '&
/HJLVODWLYH ,QWHUQ
-DQXDU\ 0DUFK
&UDIWHG DQG HGLWHG
RI
Page 583
Item 29.
VSRQVRUVKLS PHPRV FRQVWLWXHQW OHWWHUV
DQG SXEOLF WHVWLPRQ\ WR VXSSRUW WKH
HIILFLHQF\ RI WKH &RQJUHVVPDQ¶V OHJLVODWLYH
WHDP
9ROXQWHHU H[SHULHQFH SOHDVH LQFOXGH GDWHV , KDYH ZRUNHG H[WHQVLYHO\ ZLWK SHRSOH
H[SHULHQFLQJ KRPHOHVVQHVV WKURXJK
YDULRXV RUJDQL]DWLRQV LQ 6W /RXLV 0LVVRXUL
DQG :DVKLQJWRQ '&
6LQFH PRYLQJ WR )RUW &ROOLQV LQ 0D\ , KDYH
EHJXQ YROXQWHHULQJ ZLWK WKH 0XUSK\ &HQWHU
IRU +RSH 0D\ SUHVHQW
, DP LQ WKH SURFHVV RI DSSO\LQJ WR EH D
PHQWRU ZLWK 3DUWQHUV
$UH \RX FXUUHQWO\ VHUYLQJ RQ D &LW\ ERDUG RU &RPPLVVLRQ" ,I VR ZKLFK
RQH"
1R
+DYH \RX DSSOLHG IRU WKLV ERDUG EHIRUH" ,I \HV SOHDVH H[SODLQ1R
:K\ GR \RX ZDQW WR EHFRPH D PHPEHU RI WKLV SDUWLFXODU ERDUG RU
FRPPLVVLRQ"
, KDYH H[WHQVLYH H[SHUWLVH LQ DIIRUGDEOH
KRXVLQJ , KDYH FRPSOHWHG D PDVWHUV LQ
FLW\ DQG UHJLRQDO SODQQLQJ ZLWK D
VSHFLDOL]DWLRQ LQ DIIRUGDEOH KRXVLQJ , KDYH
ZRUNHG LQ ORFDO DQG IHGHUDO JRYHUQPHQW
SRVLWLRQV LQ DGGLWLRQ WR QRQSURILW DIIRUGDEOH
KRXVLQJ GHYHORSPHQW , DP GHHSO\
SDVVLRQDWH DERXW UHGXFLQJ KRPHOHVVQHVV
DQG ZRUNLQJ WR HQVXUH DOO PHPEHUV RI P\
FRPPXQLW\ KDYH WKHLU EDVLF QHHGV PHW
$FFHVV WR KLJK TXDOLW\ DIIRUGDEOH KRXVLQJ
LV DQ HVVHQWLDO SLOODU LQ D SHUVRQ
V ILQDQFLDO
HPRWLRQDO DQG SK\VLFDO ZHOOEHLQJ , DP
H[FLWHG DERXW WKH SRVVLELOLW\ WR DLG WKH &LW\
RI )RUW &ROOLQV LQ LWV PLVVLRQ WR H[SDQG
DIIRUGDEOH KRXVLQJ LQ RXU FRPPXQLW\
+DYH \RX KDG DQ\ H[SRVXUH WR WKH ERDUG RU FRPPLVVLRQ \RX DUH DSSO\LQJ
IRU" ,I \HV SOHDVH H[SODLQ
<HV
, KDYH UHDG WKURXJK UHFHQW SDVW PHHWLQJ
PLQXWHV PHW ZLWK WKH ERDUG 3UHVLGHQW DQG
ZLOO DWWHQG WKH XSFRPLQJ ERDUG PHHWLQJ
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
1RQH
:KDW LV \RXU H[SHULHQFH ZLWK $IIRUGDEOH +RXVLQJ" +DYH \RX RU DQ\RQH
\RX NQRZ ZHOO OLYHG LQ VXEVLGL]HG DIIRUGDEOH KRXVLQJ"
, KDYH ZRUNHG ZLWK DQG VWXGLHG $IIRUGDEOH
KRXVLQJ 7KRXJK , KDYH SHUVRQDOO\ QHYHU
OLYHG LQ VXEVLGHG KRXVLQJ PDQ\ FORVH
IULHQGV KDYH OLYHG LQ VXEVLGL]HG KRXVLQJ
DQG , KDYH SHUVRQDO UHODWLRQVKLSV ZLWK
PDQ\ SHRSOH ZKR KDYH EHHQ KRXVLQJ
LQVHFXUH KRPHOHVV RU OLYHG LQ DIIRUGDEOH
KRXVLQJ WKURXJK P\ YROXQWHHU ZRUN
'HVFULEH ZKDW \RX WKLQN RI ZKHQ \RX KHDU WKH ZRUGV ³DIIRUGDEOH KRXVLQJ´ 5HQW WKDW LV OHVV WKDQ RI \RXU LQFRPH
*RYHUQPHQW VXEVLG\ RU QDWXUDOO\ RFFXUULQJ
1HFHVVDU\ IRU UREXVW ORFDO HFRQRP\
+DYH \RX HYHU EHHQ WKH VXEMHFW RI D FRGH RI FRQGXFW RU HWKLFV FRPSODLQW"
,I \HV SOHDVH H[SODLQ
QR
+DYH \RX HYHU EHHQ IRXQG LQ YLRODWLRQ RI WKH FRGH RI FRQGXFW RU HWKLFV
UXOH" ,I \HV SOHDVH H[SODLQ
QR
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
RI
Page 584
Item 29.
1LQD &ODUN $0
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ"2WKHU SOHDVH VSHFLI\
&RQWDFWHG ERDUG FKDLU
RI Page 585
Item 29.
Nina Clark
EDUCATION
UNIVERSITY OF NORTH CAROLINA. Chapel Hill, NC
Masters of City and Regional Planning, Housing and Community Development May 2024
THE GEORGE WASHINGTON UNIVERSITY, School of Business. Washington D.C.
Bachelor of Business Administration, Business Economics and Public Policy Dec 2021
EXPERIENCE
Enterprise Community Partners Denver, CO
Credit Analyst June 2023-Present
• Asset managed a portfolio of $25 million in predevelopment, acquisition, and
construction loans to affordable housing developers.
• Supported Loan Officers by performing financial analyses, third party review
assessments, and various asset management tasks including but not limited to covenant
compliance, financial reporting, loan modifications, and annual reviews.
Enterprise Community Partners Silver Spring, MD
Affordable Housing Real Estate Development Intern June 2023-August 2023
• Developed a financial sustainability-mission matrix to measure the portfolio’s adherence
to Enterprise Community Development’s dual bottom line of achieving both profitability
and mission impact.
City of Columbia Columbia, MO
City Management Fellow February 2022-May 2022
• Conducted research and statistical analysis to provide the City Manager’s Office with
municipal reports and policy recommendations, primarily concerning homelessness.
• Analyzed census data in order to create a report for the Public Health Department on the
state of poverty and racial inequality in the City of Columbia.
USPS Office of Inspector General Washington D.C.
Auditing Co-op July 2020-December 2021
• Analyzed Postal Service volume and revenue data, Integrated Financial Plans, and a
range of financial documents to ensure the accuracy and validity of Postal Service
financial projection methodologies.
Columbia Housing Authority Columbia, MO
Finance Intern June 2021-August 2021
• Drafted the Columbia Housing Authority’s 2022 budget based on historical trends,
contract and loan agreements, and the anticipated consumer price index in order to
support the finance department’s revenue and expense estimates for the upcoming year.
• Updated the Columbia Housing Authority’s policies regarding Section 3 housing in
accordance with new rules imposed by the Department of Housing and Urban
Development.
Office of US Representative Emanuel Cleaver (MO-5) Washington D.C.
Legislative Intern January 2020-March 2020
• Crafted and edited sponsorship memos, constituent letters, and public testimony to
support the efficiency of the Congressman’s legislative team.
TECHNICAL SKILLS
R, Excel, ArcGIS Pro, SPSS, Power BI, Microsoft Office
Page 586
Item 29.
Page 587
Item 29.
YDQHVVD MRQHV $0
+DYH \RX KDG DQ\ H[SRVXUH WR WKH ERDUG RU FRPPLVVLRQ \RX DUH DSSO\LQJ
IRU" ,I \HV SOHDVH H[SODLQ
1R
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
1RWKLQJ WKDW , FDQ WKLQN RI DW WKH PRPHQW
:KDW LV \RXU H[SHULHQFH ZLWK $IIRUGDEOH +RXVLQJ" +DYH \RX RU DQ\RQH
\RX NQRZ ZHOO OLYHG LQ VXEVLGL]HG DIIRUGDEOH KRXVLQJ"
, FXUUHQWO\ OLYH LQ DQ DIIRUGDEOH KRXVLQJ XQLW
DQG FRPPXQLW\ ZLWK P\ VRQ VLQFH ,
KDYH DOVR OLYHG LQ DIIRUGDEOH KRXVLQJ XQLWV
DW RWKHU SHULRGV LQ P\ OLIH
'HVFULEH ZKDW \RX WKLQN RI ZKHQ \RX KHDU WKH ZRUGV ³DIIRUGDEOH KRXVLQJ´
+DYH \RX HYHU EHHQ WKH VXEMHFW RI D FRGH RI FRQGXFW RU HWKLFV FRPSODLQW"
,I \HV SOHDVH H[SODLQ
1R
+DYH \RX HYHU EHHQ IRXQG LQ YLRODWLRQ RI WKH FRGH RI FRQGXFW RU HWKLFV
UXOH" ,I \HV SOHDVH H[SODLQ
1R
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ"2WKHU SOHDVH VSHFLI\
.HOO\ (YDQ IURP 1HLJKERU WR 1HLJKERU
RI Page 588
Item 29.
Page 589
Item 29.
$QQD 1DYDUUR 30 J 3U RU W\ URXS
9ROXQWHHU &RQYHUVDWLRQDO
(QJOLVK ,QVWUXFWRU &68 )RUW &ROOLQV
,QWHUQDWLRQDO &HQWHU
$UH \RX FXUUHQWO\ VHUYLQJ RQ D &LW\ ERDUG RU &RPPLVVLRQ" ,I VR ZKLFK
RQH"
1R
+DYH \RX DSSOLHG IRU WKLV ERDUG EHIRUH" ,I \HV SOHDVH H[SODLQ1$
:K\ GR \RX ZDQW WR EHFRPH D PHPEHU RI WKLV SDUWLFXODU ERDUG RU
FRPPLVVLRQ"
, DP HDJHU WR MRLQ WKLV ERDUG EHFDXVH , DP
GHHSO\ FRPPLWWHG WR DGGUHVVLQJ WKH
FKDOOHQJHV RI DIIRUGDEOH KRXVLQJ +DYLQJ
H[SHULHQFHG ILUVWKDQG WKH GLIILFXOWLHV RI
VHFXULQJ KRXVLQJ DW PDUNHW UDWHV , DP
SDVVLRQDWH DERXW FRQWULEXWLQJ WR VROXWLRQV
WKDW HQKDQFH DFFHVV DQG DIIRUGDELOLW\ IRU
LQGLYLGXDOV LQ VLPLODU VLWXDWLRQV , EHOLHYH
WKDW P\ SHUVRQDO H[SHULHQFHV DQG
GHGLFDWLRQ FDQ KHOS PDNH D PHDQLQJIXO
GLIIHUHQFH LQ RXU FRPPXQLW\
+DYH \RX KDG DQ\ H[SRVXUH WR WKH ERDUG RU FRPPLVVLRQ \RX DUH DSSO\LQJ
IRU" ,I \HV SOHDVH H[SODLQ
<HV
, YROXQWHHU DORQJVLGH 6XH %HFN)HUNLVV RQ
WKH 3$)& +RXVLQJ 3ULRULW\ *URXS
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
, ZLOO PDNH HYHU\ DWWHPSW WR ILW WKH PRQWKO\
PHHWLQJ LQWR P\ VFKHGXOH , DP DFWLYHO\
VHDUFKLQJ IRU D IXOOWLPH MRE ,I P\ ZRUN
KRXUV FRQIOLFW ZLWK %RDUG PHHWLQJV , ZRXOG
VWHS GRZQ WR DOORZ VRPHRQH HOVH WR ILOO WKH
SRVLWLRQ
:KDW LV \RXU H[SHULHQFH ZLWK $IIRUGDEOH +RXVLQJ" +DYH \RX RU DQ\RQH
\RX NQRZ ZHOO OLYHG LQ VXEVLGL]HG DIIRUGDEOH KRXVLQJ"
%HFDXVH , ZDQWHG WR EH FORVHU WR P\
IDPLO\ , PDGH WKH GHFLVLRQ WR PRYH WR &2
DQG JRW RQ WKH ZDLWOLVW IRU VHQLRU DIIRUGDEOH
KRXVLQJ LQ )RUW &ROOLQV ,Q WKH ILQDO ZHHN RI
'HF , PRYHG LQWR D %E +8'
VXEVLGL]HG DSDUWPHQW $OWKRXJK ,
P JUDWHIXO
IRU DQ DIIRUGDEOH XQLW WKH SHULRGLF LVVXH RI
PLFH DQG EHG EXJV KDV PH TXHVWLRQLQJ LI
FRQJUHJDQW KRXVLQJ LV KHDOWK\ IRU PH WR
VWD\ LQ
'HVFULEH ZKDW \RX WKLQN RI ZKHQ \RX KHDU WKH ZRUGV ³DIIRUGDEOH KRXVLQJ´ :KHQ , KHDU DIIRUGDEOH KRXVLQJ , WKLQN RI
KRXVLQJ WKDW FRVWV OHVV WKDQ RI D
IDPLO\
V LQFRPH DQG SURYLGHV VWDELOLW\ IRU
WKRVH IDFLQJ YDULRXV FKDOOHQJHV VXFK DV
MRE ORVV XQGHUHPSOR\PHQW RU ILQDQFLDO
VWUDLQ
, EHOLHYH WKDW HYHU\RQH LQ )RUW &ROOLQV
GHVHUYHV WKH VHFXULW\ DQG SHDFH RI PLQG
WKDW FRPHV IURP KDYLQJ DFFHVV WR VDIH
DIIRUGDEOH KRXVLQJ ZKLFK , VHH DV D
IXQGDPHQWDO KXPDQ ULJKW
+DYH \RX HYHU EHHQ WKH VXEMHFW RI D FRGH RI FRQGXFW RU HWKLFV FRPSODLQW"
,I \HV SOHDVH H[SODLQ
1$
+DYH \RX HYHU EHHQ IRXQG LQ YLRODWLRQ RI WKH FRGH RI FRQGXFW RU HWKLFV
UXOH" ,I \HV SOHDVH H[SODLQ
1$
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
RI Page 590
Item 29.
$QQD 1DYDUUR 30
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ"2WKHU SOHDVH VSHFLI\
6XH %HFN)HUNLVV
RI Page 591
Item 29.
Page 592
Item 29.
2IILFH RI 6WXGHQW /HDGHUVKLS ,QYROYHPHQW
DQG &RPPXQLW\ (QJDJHPHQW -XO\
&XUUHQW
8QGHUJUDGXDWH 5HVHDUFK $VVLVWDQW 9LFH
3UHVLGHQW IRU 6WXGHQW $IIDLUV &68 0D\
-XQH
3URJUDPPLQJ DQG &RPPXQLW\ 2XWUHDFK
3UHVLGHQW *DWHZD\ +LJK 6FKRRO %DVLF
1HHGV 3URJUDPPLQJ $XURUD &2 $XJXVW
0D\
6HH DWWDFKHG UHVXPH IRU PRUH LQIRUPDWLRQ
RQ HDFK!
9ROXQWHHU H[SHULHQFH SOHDVH LQFOXGH GDWHV /HDGHUVKLS )LHOG ([SHULHQFH $IIRUGDEOH
+RXVLQJ &RQFHQWUDWLRQ 3UHVLGHQW
V
/HDGHUVKLS 3URJUDP DW &68 0D\
3UHVHQW ! +RXUV &RPSOHWHG
*URZLQJ )RRG 6HFXULW\ DW &RORUDGR 6WDWH
8QLYHUVLW\ 9ROXQWHHU $XJXVW &XUUHQW
! +RXUV &RPSOHWHG
$UH \RX FXUUHQWO\ VHUYLQJ RQ D &LW\ ERDUG RU &RPPLVVLRQ" ,I VR ZKLFK
RQH"
1R
+DYH \RX DSSOLHG IRU WKLV ERDUG EHIRUH" ,I \HV SOHDVH H[SODLQ1R
:K\ GR \RX ZDQW WR EHFRPH D PHPEHU RI WKLV SDUWLFXODU ERDUG RU
FRPPLVVLRQ"
, DP FRPSHOOHG DQG SDVVLRQDWH DERXW
DSSO\LQJ WR EHFRPH D PHPEHU RI WKH
$IIRUGDEOH +RXVLQJ %RDUG IRU WKH &LW\ RI
)RUW &ROOLQV IRU VHYHUDO UHDVRQV $IIRUGDEOH
KRXVLQJ LV D FDXVH FORVH WR P\ KHDUW DQG ,
EHOLHYH LW LV FUXFLDO WR LQFOXGH \RXWK YRLFHV
LQ WKLV GLVFXVVLRQ DW WKH ORFDO VWDWH DQG
QDWLRQDO OHYHOV $V D FROOHJH VWXGHQW DQG D
\RXQJ SHUVRQ , EULQJ D XQLTXH DQG
YDOXDEOH SHUVSHFWLYH WR WKH ERDUG 7KLV
SRVLWLRQ RIIHUV WKH SHUIHFW RSSRUWXQLW\ WR
JHW LQYROYHG DQG PDNH WKH FKDQJH , ZLVK
WR VHH LQ P\ FRPPXQLW\
2YHU WKH SDVW IHZ \HDUV , KDYH GHOYHG
GHHSO\ LQWR WKH ZRUOGV RI DIIRUGDEOH
KRXVLQJ EDVLF QHHGV DQG VRFLDO HTXLW\
ZRUN 0\ SHUVRQDO PLVVLRQ "7R VSUHDG
ORYH DQG NLQGQHVV LQ P\ FRQWH[WXDO
HQYLURQPHQW WKURXJK WKH SRZHU RI
DXWKHQWLF FRQQHFWLRQ DQG FRPPXQLW\
EXLOGLQJ" GULYHV P\ HIIRUWV , EHOLHYH
DGYRFDF\ HGXFDWLRQ DQG SUDFWLFDO
DSSOLFDWLRQ LQ EDVLF QHHGV DQG DIIRUGDEOH
KRXVLQJ DUH ILWWLQJ DQG SRZHUIXO ZD\V WR
HPERG\ WKLV YLVLRQ
, KDYH GHYHORSHG WKH QHFHVVDU\
NQRZOHGJH DQG EXLOW DQ H[WHQVLYH QHWZRUN
DURXQG DIIRUGDEOH KRXVLQJ LVVXHV DQG
VXVWDLQDEOH FRPPXQLW\ GHYHORSPHQW
VROXWLRQV DFURVV )RUW &ROOLQV DQG WKH
1RUWKHUQ &RORUDGR UHJLRQ $GGLWLRQDOO\
VHUYLQJ RQ WKLV ERDUG ZLOO IDFLOLWDWH D GHHS
DQG PHDQLQJIXO SDUWQHUVKLS EHWZHHQ
&RORUDGR 6WDWH 8QLYHUVLW\ DQG WKH &LW\ RI
RI
Page 593
Item 29.
)RUW &ROOLQV WKDW , EHOLHYH LV FXUUHQWO\
PLVVLQJ IURP PXFK RI RXU ORFDO
JRYHUQPHQW , EHOLHYH LQ FRQQHFWLRQ DV D
IDFLOLWDWRU RI HIIHFWLYH DQG HIILFLHQW ZRUN DQG
VROXWLRQV
7KLV UROH LV DOVR D VLJQLILFDQW ZD\ IRU PH WR
JLYH EDFN WR D FRPPXQLW\ WKDW KDV JLYHQ VR
PXFK WR PH :LWKRXW )RUW &ROOLQV , ZRXOG
QRW EH WKH SHUVRQ , DP WRGD\ WKH
XQLTXHQHVV DQG VWURQJ YDOXHV RI WKLV
FRPPXQLW\ KDYH VKDSHG PH LQ VXFK D
SURIRXQG ZD\ , DP H[FLWHG WR FKDQQHO P\
DPELWLRQ NQRZOHGJH DQG SDVVLRQ LQWR
WDQJLEOH DFWLRQ DQG PHDQLQJIXO ZRUN RQ WKH
$IIRUGDEOH +RXVLQJ %RDUG
+DYH \RX KDG DQ\ H[SRVXUH WR WKH ERDUG RU FRPPLVVLRQ \RX DUH DSSO\LQJ
IRU" ,I \HV SOHDVH H[SODLQ
<HV
, KDYH KDG VRPH H[SRVXUH WR WKH )RUW
&ROOLQV $IIRUGDEOH +RXVLQJ %RDUG WKURXJK
P\ ZRUN ZLWK WKH $VVRFLDWHG 6WXGHQWV RI
&RORUDGR 6WDWH 8QLYHUVLW\ DQG +RXVLQJ
&RORUDGR 2YHU WKH SDVW \HDU , KDYH KDG
WKH SOHDVXUH RI VHUYLQJ DV WKH 'LUHFWRU RI
+HDOWK DQG %DVLF 1HHGV DQG ZLOO FRQWLQXH
LQ WKDW SRVLWLRQ IRU WKH XSFRPLQJ VFKRRO
\HDU 7KURXJK P\ ZRUN , KDYH JDLQHG
LQVLJKW LQWR WKH ERDUG
V DFWLYLWLHV
SDUWLFXODUO\ ZKLOH QDYLJDWLQJ WKH 8
+RXVLQJ 2UGLQDQFH DQG &RORUDGR 6WDWH
+RXVH %LOO ZKLFK EDQV KRXVLQJ
RUGLQDQFHV EDVHG RQ UHODWLRQV HIIHFWLYHO\
HQGLQJ 8 DQG KRXVLQJ RUGLQDQFHV OLNH LW
DFURVV WKH VWDWH $GGLWLRQDOO\ ZH KDYH
FROODERUDWHG ZLWK ERDUG PHPEHUV WKURXJK
RXU UHFHQWO\ HVWDEOLVKHG +RXVLQJ &DXFXV
DW &RORUDGR 6WDWH 8QLYHUVLW\ ZKHUH ZH
GLVFXVV KRXVLQJUHODWHG LVVXHV ERWK RQ
FDPSXV DQG LQ WKH EURDGHU )RUW &ROOLQV
FRPPXQLW\
6SHFLI\ DQ\ DFWLYLWLHV ZKLFK PLJKW FUHDWH D VHULRXV FRQIOLFW RI LQWHUHVW LI
\RX DUH DSSRLQWHG
1$
:KDW LV \RXU H[SHULHQFH ZLWK $IIRUGDEOH +RXVLQJ" +DYH \RX RU DQ\RQH
\RX NQRZ ZHOO OLYHG LQ VXEVLGL]HG DIIRUGDEOH KRXVLQJ"
0\ H[SHULHQFH ZLWK DIIRUGDEOH KRXVLQJ LV
H[WHQVLYH DQG ZLGHUDQJLQJ GHHSO\ URRWHG
LQ P\ SHUVRQDO EDFNJURXQG DQG
SURIHVVLRQDO HQGHDYRUV 0\ SDVVLRQ IRU
DIIRUGDEOH KRXVLQJ DQG VXVWDLQDEOH
FRPPXQLW\ GHYHORSPHQW EHJDQ LQ P\ HDUO\
HGXFDWLRQ DW *DWHZD\ +LJK 6FKRRO LQ
$XURUD &RORUDGR D YLEUDQW EHDXWLIXO DQG
GLYHUVH FRPPXQLW\ WKDW DOVR IDFHV
SHUYDVLYH SRYHUW\ DQG EDVLF QHHGV
LQVHFXULW\ , KDYH EHHQ DZDUGHG WKH
DPD]LQJ RSSRUWXQLW\ RI EHLQJ D %RHWWFKHU
6FKRODU EXW ZLWKRXW LW , ZRXOG QRW KDYH KDG
WKH HFRQRPLF UHVRXUFHV WR OLYH LQ )RUW
&ROOLQV RU DWWHQG &RORUDGR 6WDWH 8QLYHUVLW\
+HUH DW &68 P\ SDVVLRQ IRU $IIRUGDEOH
+RXVLQJ KDV FRQWLQXHG WR EORVVRP ,Q P\
ILUVW \HDU DW WKH XQLYHUVLW\ , OHDUQHG WKDW
KRXVLQJ DQG IRRG LQVHFXULW\ ZKLFK DUH
LQH[WULFDEO\ OLQNHG DUH SHUYDVLYH LVVXHV LQ
WKH &68 FRPPXQLW\ ZLWK RQHWKLUG RI
RI
Page 594
Item 29.
WKH &68 FRPPXQLW\ ZLWK RQH WKLUG RI
VWXGHQWV H[SHULHQFLQJ IRRG LQVHFXULW\ DQG
H[SHULHQFLQJ KRXVLQJ LQVHFXULW\ $V
WKH 'LUHFWRU RI +HDOWK DQG %DVLF 1HHGV ,
KDYH VSHQW WKH SDVW \HDU ZRUNLQJ WR GR P\
SDUW WR UHFWLI\ WKRVH GLVKHDUWHQLQJ VWDWLVWLFV
DQG UHDO H[SHULHQFHV IRU RXU VWXGHQWV
7KURXJK P\ SRVLWLRQ , KDYH DVVLVWHG PDQ\
RI P\ SHHUV LQ QDYLJDWLQJ WKH UHVRXUFHV
DYDLODEOH ZLWKLQ RXU FRPPXQLW\ DQG WKH
ODUJHU )RUW &ROOLQV DUHD , KDYH DOVR
SURYLGHG D VXSSRUW V\VWHP IRU SDUWQHU
RUJDQL]DWLRQV ZRUNLQJ WR RIIHU VXEVLGL]HG
KRXVLQJ VSHFLILFDOO\ IRU &68 VWXGHQWV
7KLV VXPPHU , DP VHUYLQJ DV DQ
$IIRUGDEOH +RXVLQJ $GYRFDWH IRU +RXVLQJ
&RORUDGR UHSUHVHQWLQJ WKH 1RUWKHUQ
&RORUDGR UHJLRQ DQG ZRUNLQJ EURDGO\
DFURVV WKH VWDWH ,Q WKLV UROH , KDYH
FROOHFWHG H[WHQVLYH TXDOLWDWLYH DQG
TXDQWLWDWLYH GDWD RQ FRPPXQLW\
SHUVSHFWLYHV DQG UHVSRQVH HIIRUWV DFURVV
YDULRXV LQGXVWULHV 2XU WHDP KDV HQJDJHG
SHUVRQDOO\ ZLWK RYHU VWDNHKROGHUV
ZLWKLQ WKH VSDQ RI WZR DQG D KDOI PRQWKV
LQFOXGLQJ KRXVLQJ DQG GHYHORSPHQW
DXWKRULWLHV SXEOLF DQG SULYDWH VHFWRU
GHYHORSHUV QRQSURILWV VXFK DV +RXVLQJ
&DWDO\VW DQG +RPHZDUG $OOLDQFH
FRPPXQLW\ DGYRFDF\ JURXSV OLNH <,0%<
)RUW &ROOLQV DQG JRYHUQPHQWDO HQWLWLHV
LQFOXGLQJ /DULPHU &RXQW\ &RPPLVVLRQHUV
WKH 'HSDUWPHQW RI 6RFLDO 6XVWDLQDELOLW\
&LW\ 3ODQQLQJ DQG VHYHUDO FLW\ FRXQFLO
PHPEHUV
, DP H[WUHPHO\ SDVVLRQDWH DERXW
DIIRUGDEOH KRXVLQJ LQ )RUW &ROOLQV DQG
DFURVV &RORUDGR $V D \RXQJ SHUVRQ ,
KDYH ZRUNHG GLOLJHQWO\ WR GHYHORS DQ
LQIRUPHG DQG QXDQFHG SHUVSHFWLYH RQ WKLV
SHUYDVLYH LVVXH 0\ SHUVRQDO H[SHULHQFHV
FRPELQHG ZLWK P\ SURIHVVLRQDO ZRUN KDYH
HTXLSSHG PH ZLWK D GHHS XQGHUVWDQGLQJ
DQG FRPPLWPHQW WR DGGUHVVLQJ DIIRUGDEOH
KRXVLQJ FKDOOHQJHV LQ RXU FRPPXQLW\
'HVFULEH ZKDW \RX WKLQN RI ZKHQ \RX KHDU WKH ZRUGV ³DIIRUGDEOH KRXVLQJ´ 7KURXJK P\ H[SHULHQFH DV WKH 'LUHFWRU RI
%DVLF 1HHGV DQG DV DQ $IIRUGDEOH +RXVLQJ
$GYRFDWH WKLV VXPPHU , KDYH OHDUQHG WKDW
"DIIRUGDEOH KRXVLQJ" LV D PXOWLIDFHWHG
FRQFHSW 7KH WHUP HYRNHV SRODUL]LQJ
UHDFWLRQV DQG HQFRPSDVVHV D ZLGH UDQJH
RI GHILQLWLRQV :H FDQ WDON DERXW WKH
WHFKQLFDO DVSHFW RI DIIRUGDEOH KRXVLQJ WKH
LGHD WKDW LW FDQ EH GHILQHG E\ WKH
SHUFHQWDJH RI JURVV DQQXDO LQFRPH WKDW DQ
LQGLYLGXDO RU IDPLO\ VSHQGV RQ UHQW RU
PRUWJDJH EDVHG RQ WKH DQQXDO PHGLDQ
LQFRPH RI DQ DUHD DLPLQJ WR SURYLGH
RSWLRQV IRU WKRVH ZLWKLQ WKH WR
LQFRPH EHQFKPDUN
+RZHYHU ZKHQ , WKLQN RI DIIRUGDEOH
RI
Page 595
Item 29.
-RUMD :K\WH 30
W H W
+RZHYHU ZKHQ , WKLQN RI DIIRUGDEOH
KRXVLQJ LQ D EURDGHU PRUH DEVWUDFW VHQVH
, WKLQN DERXW FRPPXQLW\ 3HRSOH DFURVV WKH
VSHFWUXP ZLWK GLYHUVH LGHQWLWLHV GHVHUYH
KRXVLQJ DQG D VHQVH RI EHORQJLQJ LQ WKHLU
ORFDO FRPPXQLWLHV $IIRUGDEOH KRXVLQJ LV D
FUXFLDO ZD\ WR HQVXUH WKLV ,W SOD\V DQ
LQWHJUDO UROH LQ PHHWLQJ RXU FRPPXQLW\
PHPEHUV
EDVLF QHHGV HQDEOLQJ WKHP WR
WKULYH DFKLHYH VXFFHVV DQG FRQWULEXWH
PHDQLQJIXOO\ WR WKHLU FRPPXQLWLHV
:KHQ , WKLQN DERXW DIIRUGDEOH KRXVLQJ ,
WKLQN DERXW RSSRUWXQLW\ VHFXULW\ DQG
PHDQLQJIXO FRPPXQLW\ UHODWLRQVKLSV
$IIRUGDEOH KRXVLQJ LV QRW MXVW DERXW
SURYLGLQJ VKHOWHU LW LV DERXW FUHDWLQJ D
IRXQGDWLRQ IRU D YLEUDQW LQFOXVLYH DQG
UHVLOLHQW FRPPXQLW\ ,W LV DERXW HQVXULQJ
WKDW HYHU\ LQGLYLGXDO KDV WKH FKDQFH WR OLYH
ZLWK GLJQLW\ DQG FRQWULEXWH WR WKH FROOHFWLYH
ZHOOEHLQJ RI RXU FLW\ DQG )RUW &ROOLQV
FRPPXQLW\
+DYH \RX HYHU EHHQ WKH VXEMHFW RI D FRGH RI FRQGXFW RU HWKLFV FRPSODLQW"
,I \HV SOHDVH H[SODLQ
1R
+DYH \RX HYHU EHHQ IRXQG LQ YLRODWLRQ RI WKH FRGH RI FRQGXFW RU HWKLFV
UXOH" ,I \HV SOHDVH H[SODLQ
1R
$UH \RX ZLOOLQJ WR FRPSOHWH WKH UHTXLUHG WUDLQLQJ LI DSSRLQWHG"<(6
+RZ GLG \RX OHDUQ RI D YDFDQF\ RQ WKLV ERDUG RU FRPPLVVLRQ"2WKHU SOHDVH VSHFLI\
5HIHUHQFH IURP 6WHIDQLH %HUJDQLQL
RI Page 596
Item 29.
Jorja Whyte
Pronouns: She/Hers Pronunciation: (Georgia)
Transformational Change Maker | Analyzer | Social Justice Advocate
Applying for: Fort Collins Affordable Housing Board
QUALIFICATIONS
• Extensive background and experience in high demand leadership, communication, and management positions
related to public health and equity research, education, and practice
● Demonstrated passion and knowledge for equitable community development through direct experience with
community organizing, coalition building, event planning , sustainable community partnerships, & fundraising
efforts on a large scale
● Advocated for equitable housing policy reform at the state and local levels, contributing to the passage of
legislation that successfully eliminated discriminatory housing ordinances, promoting access to affordable
housing across the state of Colorado
● Successfully implemented a substantial inventory of course knowledge and data backed research into
professional programing and daily work to critically deconstruct barriers to accessibility for basic needs
related resources
EDUCATION
Bachelor of Arts in Sociology & Psychology, Minor in Inter-Disciplinary Leadership Studies
GPA: 3.71/4.0 Expected May 2025
Relevant Coursework: Sociology of Bureaucracy and Modern Organizations, Sociology of Environment, Food, and Social Justice,
Sociology of Race and Racism, Psychology of the Individual in Context, Organizational/Industrial Psychology, Interdisciplinary
Leadership: A Call to Lead, Leadership Theory , Leadership Styles, Effective Leadership I and II
RELEVANT EXPERIENCE
Youth Affordable Housing Advocate | Colorado Housing and BuildStrong Foundation | Fort Collins, CO
May 2024 – Present
• Collaborated with a team of four on the development and implementation of the Colorado Zoning Atlas
project, performing in-depth data analysis to inform affordable housing policies and zoning regulations.
• Facilitated over 100 stakeholder engagement meetings across various industries, educating community
members statewide on innovative tools and technologies for sustainable community development.
• Developed and conducted a comprehensive statewide survey to assess the utility of the Colorado Zoning
Atlas, gather valuable insights from members across Colorado communities.
• Coordinated clear and consistent communication with funders and executives, providing comprehensive
updates on project progress and outcomes.
Leadership Field Experience | President’s Leadership Program, CSU | Fort Collins, CO
May 2021 – Present
• Developed an in-depth exploration of housing insecurity through the arrangement of qualitative interviews to
understand Fort Collins specific barriers to basic need security and effective response efforts .
• Cultivated and maintained sustainable relationships with primary actors in basic needs and housing security in
Fort Collins across Non-profits, municipal government, and other social institutions for universal application .
Page 597
Item 29.
• Collaborated with state and local affordable housing advocates like YIMBY Fort Collins and New Era
Colorado to organize student testimony against discriminatory housing policy, successfully ending housing
ordinances on the basis of relations in the state of Colorado .
Director of Health and Basic Needs | Associated Students of Colorado State University, CSU | Fort Collins, CO
May 2023 - Present
• Prioritized affordable housing initiatives across campus by engaging with local organizations, CSU
administration, various campus offices, and developing the ASCSU Housing Caucus to foster collaborative
discussions and solutions for pervasive housing issues on and off campus.
• Spearheaded the Multicultural Counseling Services and SDPS Embedded Counselors project, fostering
partnerships with key stakeholders including the CSU Health Network to expand access to mental health
resources for marginalized communities, resulting in the establishment of multi-cultural drop-in counseling
hours in strategic locations including the Lory Student Center .
• Developed and executed the Ram’s Against Hunger “Break the Stigma” Multi-Media Marketing Campaign,
collaborating with local partners and organizations to create comprehensive messaging and marketing
materials aimed at increasing awareness and reducing stigma around food insecurity, resulting in enhanced
access to existing resources.
• Organized Mental Health Tabling and Outreach events, providing students with vital information and
support regarding mental health resources on campus, while also demonstrating ASCSU's commitment to
addressing student needs and fostering a supportive commu nity.
Co-Curricular Leadership Specialist | Student Leadership, Involvement, and Community Engagement Office,
CSU | Fort Collins, CO July 2022 –
Present
● Effectively collaborated with a team of six to offer a vast array of leadership opportunities, resources, and
programming for individuals with historically marginalized identities.
● Consistently strived to partner and uplift campus DEI Offices and Cultural Resource Centers to dismantle
normative conceptions of leadership and intentionally target historically underrepresented groups.
● Engaged diverse, independent students with empathy, compassion, and shared life experience to construct
and foster belonging within purposeful communities through intentional allyship
Undergraduate Research Assistant |Vice President for Student Affairs, CSU| Fort Collins, CO
May 2023 – Present
• Employed advanced analytical techniques to extract relevant insights from qualitative data, informing strategic
decision-making and future program development for undergraduate success, recruitment, and retention.
• Led a team of three in transcribing and meticulously preparing raw data, ensuring accuracy and completeness
throughout the process from collection to final presentation and application.
• Analyzed the content of a wealth of qualitative focus group data to extract relevant themes including basic
needs and community support systems to understand factors for long term undergraduate success.
Programing and Community Outreach President | Gateway Highschool Basic Needs Programing | Aurora, CO
August 2018 – May 2021
• Managed a team of over 60 constituents and appropriately delegated tasks with little oversight to achieve
successful funding raising events amassing over $15,000 for basic needs programming.
• Executed macrolevel organizational missions and goals while completing daily tasks and responsibilities with
tact, warmth, and organization to maintain a strong and congruent vision to ensure basic needs security for all
Page 598
Item 29.