HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/06/2025Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, May 6, 2025
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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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
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solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
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City of Fort Collins Page 1 of 7 City Council Summary Agenda
City Council
Regular Meeting Agenda
May 6, 2025 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 the Week of May 11-17, 2025 as National Police Week.
PP 2. Declaring the Week of May 12-17, 2025 as Armed Forces Week.
PP 3. Declaring the Week of May 4-10, 2025 as Small Business Week.
PP 4. Declaring the Month of May 2025 as Wildfire Awareness Month.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS - None.
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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/
• 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 April 15, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the April 15, 2025 Regular meeting.
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2. Second Reading of Ordinance No. 070, 2025, Modifying Ordinance No. 023, 2025 with
Regard to Fund Identification for College Avenue-Trilby Road Capital Improvements.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, modifies a previous
appropriation to expense the Stormwater Utility’s share of the capital project in the Storm
Drainage Fund, as opposed to transferring stormwater funds to the Capital Project Fund as
detailed in Ordinance No. 023, 2025.
3. Second Reading of Ordinance No. 071, 2025, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities, Tourism
Programming, and Convention and Visitor Program Services.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates $424,224,
of which $296,957 is proposed for Convention and Visitors Bureau, $106,056 is proposed for
Cultural Development and Programming Activities (Fort Fund), and $21,211 is proposed for
Tourism Programming (Fort Fund) all from unanticipated 2024 Lodging Tax revenue collections.
Lodging taxes are annually collected by the City for Cultural Development and Tourism
programming activities. Anticipated revenue is projected through each Budget ing for Outcomes
(BFO) cycle and then adjusted annually as needed based on final actual collections. For 2024,
total Lodging tax revenues collected came in $424,224 above projected collections.
4. Second Reading of Ordinance No. 072, 2025, Appropriating Prior Year Reserves in the
Natural Areas Fund and the Sales and Use Tax Fund for the Purpose of Land Conservation,
Visitor Amenities, Restoration and Other Related Natural Areas Stewardship Activities not
included in the 2025 Adopted City Budget.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates
$6,066,078 in prior year reserves in the Natural Areas Fund and $112,957 in prior year reserves
in the Sales and Use Tax fund to be transferred to the Natural Areas Fund. These
appropriations are for land conservation, visitor amenities and restoration of wildlife habitat,
as well as other Natural Areas Department stewardship activities to benefit the residents of Fort
Collins.
5. Second Reading of Ordinance No. 073, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Oak Street Stormwater Project and Related
Art in Public Places.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates an
additional $1,515,000 appropriation from the Stormwater Utility Reserve Fund to supplement the
existing appropriated budget, including $15,000 for Art in Public Places. The O ak Street
Stormwater Project is currently under construction and progressing as planned. The additional
appropriation will fund remaining project support services as well as a minor contingency for
unanticipated costs to complete the project.
An Art in Public Places contribution, per Code, has been added to the total project supplemental
appropriation amount.
6. First Reading of Ordinance No. 074, 2025, Appropriating Unanticipated Philanthropic
Revenue, Appropriating Prior Year Reserves and Authorizing Transfer of Appropriations
for Various Gifts Received Through City Give.
The purpose of this item is to request an appropriation of $42,325 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
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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.
7. First Reading of Ordinance No. 075, 2025, Making a Supplemental Appropriation of
Colorado Department of Transportation Colorado Highway Safety Office Click It or Ticket
Grant Funds for the Fort Collins Police Services Traffic Enforcement Unit.
The purpose of this item is to appropriate $20,000 of unplanned revenue from the Colorado
Department of Transportation (CDOT) for Police Services to conduct the Click It Or Ticket
program.
8. Items Relating to the Nature-Based Solutions Plan and Stormwater Park Concept Plan
Project.
A. Resolution 2025-049 Authorizing the Execution of an Intergovernmental Grant Agreement
Between the City of Fort Collins and the Colorado Department of Public Safety for the Nature-
Based Solutions Plan and Stormwater Park Concept Plan Project.
B. First Reading of Ordinance No. 076, 2025, Making a Supplemental Appropriation of Federal
Emergency Management Administration’s Building Resilient Infrastructure and Communities
Program Grant Funds and Authorizing Transfers for the Nature-Based Solutions Plan and
Stormwater Park Concept Plan Project.
The purpose of these items is to enable the City to receive and expend federal funds for the
Nature-Based Solutions Plan and Stormwater Park Concept Plan Project (Project). The Colorado
Division of Homeland Security and Emergency Management, through the Colorado Department
of Public Safety (CDPS), awarded the City of Fort Collins $398,431 of unanticipated revenue to
develop the Project. This award is part of the Federal Emergency Management Administration’s
(FEMA’s) Building Resilient Infrastructure and Communities (BRIC) 2023 program, with the
$398,431 awarded to the City being federal funds. The City has a required cost share of $245,641
that will be met through City staff time. City staff time will be used through the life of the grant
funded Project, from 2025 through October 23, 2027. Based on City staff time being part of annual
ongoing fund budgets, the City will utilize budgets as appropriated by City Council each annual
fiscal year associated with such City staff time to meet the required cost share requirement of this
grant.
Grant funds will enable the City in developing plans to support developers who seek to utilize
nature-based solutions and natural habitat design standards in their neighborhood developments
in Fort Collins. The purpose of this item is to support development of the Project by:
Appropriating $398,431 of unanticipated revenue awarded through FEMA’s BRIC program;
Utilizing matching funds in the amount of $85,378 from existing 2025 appropriations in the
Community Development and Neighborhood Services operating budget in the General fund
into this grant Project for staff time;
Utilizing matching funds in the amount of $11,841 from existing 2025 appropriations in the
Stormwater Engineering operating budget in the Stormwater fund into this grant Project for
staff time.
Utilizing matching funds in the amount of $5,957 from existing 2025 appropriations in the
Communications and Public Involvement operating budget in the General Fund into this grant
Project for staff time.
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This item authorizes the Mayor to accept the grant funds and to commit the City to comply with
the terms and conditions of the intergovernmental grant agreement.
9. First Reading of Ordinance No. 077, 2025, Replacing Ordinance No. 040, 2025, and
Approving the Intergovernmental Agreement Between the City of Fort Collins and the Fort
Collins, Colorado, Downtown Development Authority Governing the Use of a Line of Credit
for the Financing of Downtown Development Authority Projects and Programs and
Delegating to the Downtown Development Authority Thereunder the Power to Incur Debt
in Relation Thereto as Authorized by State Law.
The purpose of this item is to approve an ordinance to authorize the Mayor to sign an
intergovernmental agreement between the City and Downtown Development Authority (DDA) that
will govern the processes for administering a line of credit for financing DDA projects and
programs for a six-year term from 2025 through 2030 and a maximum pre-draw limit of $5 million.
This item was previously approved by Ordinance No. 040, 2025; however, the Exhibits A,
B, and C-1 to C-5 attached to and part of the intergovernmental agreement were not
included in the meeting packet on March 18, 2025, for the second reading of the Ordinance.
The only changes on this item for its approval and replacement of Ordinance No. 040, 2025,
other than updating the dates, are the inclusion of the intergovernmental agreement
attachments.
The current Line of Credit (LOC) established in 2012 and renewed in 2018 by the City on behalf
of the DDA expired at the end of 2024. The City and DDA began taking steps in early 2024 to
renew this debt instrument with First National Bank of Omaha (FNBO) for another six-year term,
as it will be needed by the DDA to execute its projects and programs beginning in budget year
2025 and continuing through 2030. The renewal of the bank authorized Line of Credit is needed
by the DDA to satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II).
On November 6, 2024, the Council Finance Committee reviewed the purpose and approach for
bringing forth a third IGA to accommodate the DDA’s authorization to use a Line of Credit and
satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II). The Council Finance Committee was
supportive of advancement of the IGA to Council.
On February 13, 2025, the DDA Board adopted Resolution 2025-02 authorizing the DDA’s
approval of the IGA and the line of credit promissory note from First National Bank of Omaha.
The IGA is now advanced to Council and pursuant to the DDA Act requires adoption by ordinance.
10. Resolution 2025-050 Authorizing the Mayor to Execute a License Agreement with BNSF
Railway Company for Railroad Crossing Signal Equipment within the Public Right-of-Way
for North Timberline Road.
The purpose of this item is to authorize the execution of a License Agreement (the “License
Agreement”) for Railroad Signal Equipment covering 600 square feet (the “License Area”) located
within the boundaries of North Timberline Road at the intersection of Timberline and Vine for
BNSF Railway Company to install and operate railroad crossing signal equipment, controls, and
related infrastructure.
11. Resolution 2025-051 Supporting the City’s Renewal as a Certified Bird City.
The purpose of this item is to renew Fort Collins’ designation as a Bird City. Renewal requires a
Council resolution, a public celebration of World Migratory Bird Day, and a submission of an
updated application documenting the City’s actions to support bird populations.
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12. Resolution 2025-052 Concerning the Fort Collins Urban Renewal Authority and its Tax
Increment Revenue Refunding and Improvement Bonds (North College Tax Increment
Urban Renewal Area), Series 2025; Declaring the City Council’s Present Intent to
Appropriate Funds to Replenish the Reserve Fund Securing Such Bonds, if Necessary;
and Authorizing a Cooperation Agreement and Other Actions Taken in Connection
Therewith.
The purpose of this item is for the Council to consider a Replenishment Resolution, which both
provides a “Moral Obligation Pledge” to the Fort Collins Urban Renewal Authority (the “Authority”)
and approves a Cooperation Agreement between the City and Authority in connection with the
revenue bond issuance approved by the URA Board at its April 24, 2025, meeting.
The Authority will be issuing additional bonds against the North College projected tax increment
revenues. The bond proceeds will be used to fund the acquisition of blighted properties, support
blight remediation through redevelopment of the same properties, and invest in additional public
infrastructure. All proceeds will be expended by direction and with the approval of the Authority
board. As part of this bond issuance, the Authority is seeking a “Moral Obligation Pledge” from
the City of Fort Collins (the “City”). The pledge would result in improved bond ratings and reduced
debt service costs to the Authority.
13. Items Relating to Phase 2 of the Michigan Ditch Pre-Fire Mitigation Project (Grant Award
and Services Agreement).
A. Resolution 2025-053 Authorizing the City Manager to Accept Grant Funds for Phase 2 of the
Michigan Ditch Pre-Fire Mitigation Project.
B. Resolution 2025-054 Authorizing the City Manager to Enter into an Agreement with the
Colorado State Forest Service for Phase 2 of the Michigan Ditch Pre-Fire Mitigation Project.
The purpose of these items is for Council to authorize the City Manager to: 1) accept grant funds
awarded in a grant award letter from the State of Colorado, Department of Natural Resources,
through Colorado Department of Natural Resource’s Colorado Strategic Wildfire Action Program
(“COSWAP”) (“Grant Award Letter”) and; 2) enter into an agreement with the Colorado State
Forest Service (“CSFS”) to perform certain forest health and pre-fire mitigation work (“Services
Agreement”).
14. Resolution 2025-055 Supporting the Grant Application for Funding for Front Range
Passenger Rail Project Planning.
The purpose of this item is to obtain support for the City in applying for funding under the Colorado
Department of Local Affairs Energy and Mineral Impact Assistance Fund program.
15. Resolution 2025-056 Making an Appointment to the Board of Directors of Housing Catalyst.
The purpose of this item is to fill one vacancy on the Board of Directors of Housing Catalyst that
has existed since December 31, 2024.
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.
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City of Fort Collins Page 7 of 7
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION - None Planned.
P) RESUMED PUBLIC COMMENT (if applicable)
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.)
OB 2. Consideration of a motion to go into Executive Session:
"I move that City Council go into executive session:
1. to consider matters pertaining to issues of competition in providing telecommunication
facilities and services, including matters subject to negotiation, strategic plan, price, sales
and marketing, development phasing and any other related matters allowed under Colorado
Law, as permitted under Article Twelve, Section 7(d) of the City Charter and Section 2-
31(a)(5) of the City Code; and
2. to discuss with the City’s attorneys and appropriate management staff specific legal
questions related to the Comcast franchise and the manner in which the Comcast franchise
may be affected by existing or proposed provisions of federal, state or local law, as permitted
under Article Two, Section 11(2) of the City Charter, Section 2-31(a)(2) of the City Code and
Colorado Revised Statutes Section 24-6-402(4)(b)."
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 Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
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File Attachments for Item:
PP 1. Declaring the Week of May 11-17, 2025 as National Police Week.
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PROCLAMATION
WHEREAS, the Congress and President of the United States have designated May 15 as
National Peace Officers Memorial Day and the calendar week in which May 15 falls as National
Police Week. Established by a joint resolution of Congress in 1962, National Police Week pays
special recognition to those law enforcement officers who have lost their lives in the line of duty
for the safety and protection of others; and
WHEREAS, the members of the law enforcement agency of the City of Fort Collins play an
essential role in safeguarding the rights and freedoms of our community members; and
WHEREAS, it is important that all residents know and understand the duties,
responsibilities, hazards, and sacrifices of their police department, and that members of our law
enforcement agency recognize their duty to serve the people by safeguarding life and property, by
protecting them against violence and disorder, and protecting the innocent against deception and
the weak against oppression or intimidation; and
WHEREAS, Fort Collins Police Services has grown to be a progressive and professional
law enforcement agency which unceasingly provides a vital public service; and
WHEREAS, the residents of Fort Collins are urged to join in commemorating law
enforcement officers, past and present, who by their faithful and loyal devotion to their communities
have established for themselves the enduring reputation of preserving the rights and security of all
community members.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim
May 11-17, 2025 as
NATIONAL POLICE WEEK
and further call upon all residents of the City of Fort Collins to observe May 15, 2025, as National
Peace Officers Memorial Day to honor those peace officers who, through their courageous deeds,
have lost their lives or have become disabled in the performance of duty.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of May 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item PP 1.
File Attachments for Item:
PP 2. Declaring the Week of May 12-17, 2025 as Armed Forces Week.
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PROCLAMATION
WHEREAS, the military community has long existed within the staff of the City of Fort
Collins, Poudre Library District, and the Poudre Fire Authority. The military community spans
groups of membership and includes active duty, reservist, veterans, and their families; and
WHEREAS, the City of Fort Collins has formed a new Employee Resource Group to
support the Military Community in these organizations. Employee Resource Groups are formed to
offer City employees a place to connect, find resources, and provide support; and
WHEREAS, the Employee Resource Group will support and advocate for City of Fort
Collins and allied agency veterans, active duty, reservists, and military families; and
WHEREAS, the Military Community Employee Resource Group will honor military
service members and their families’ sacrifice, dedication and commitment by identifying
challenges and advancing opportunities through awareness, support, training, career enrichment,
and providing recommendations to City leadership; and
WHEREAS, Armed Forces Week is a time to honor the men and women who serve in the
military, and to remember their service and sacrifice. Armed Forces Week takes place the week
leading up to Armed Forces Day, the third Saturday of May each year; and
WHEREAS, the Employee Resource Group supports those active duty, reservists,
veterans, and their families and would like to recognize their service during Armed Forces Week.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do herby proclaim
May 12-17, 2025 as
ARMED FORCES WEEK
in recognition of the military staff members of the City of Fort Collins and allied agencies and
their dedication to service of our greater community.
IN WITNESS, WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of May 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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Item PP 2.
File Attachments for Item:
PP 3. Declaring the Week of May 4-10, 2025 as Small Business Week.
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PROCLAMATION
WHEREAS, National Small Business Week, a celebration championed by the U.S. Small
Business Administration, honors the pivotal role small businesses play in shaping vibrant
communities and fueling economic growth; and
WHEREAS, in Fort Collins, 96% of businesses are small businesses with 50 employees
or less; and
WHEREAS, small businesses are supported by organizations such as the Better Business
Bureau, CSU Institute for Entrepreneurship, Downtown Creative District, Downtown
Development Authority, Fort Collins Area Chamber of Commerce, Founded in FoCo, Innosphere
Ventures, Larimer Small Business Development Center, Larimer County Economic & Workforce
Development, NoCo Latino Chamber, NoCo Biz Connect, North Fort Collins Business
Association, Poudre River Library District, Visit Fort Collins, sector partnerships; and
WHEREAS, our small businesses feed us, style us, and caffeinate us, they create jobs and
keep money in our community, they define the culture, the character, and the charm of Fort Collins,
they entertain us, they are risk-takers, and they are the soul of our city; and
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the week of May 4-10, 2025, as
NATIONAL SMALL BUSINESS WEEK
in Fort Collins in honor of the grit, the grace, and the glow small businesses give to our city.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of May 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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Item PP 3.
File Attachments for Item:
PP 4. Declaring the Month of May 2025 as Wildfire Awareness Month.
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PROCLAMATION
WHEREAS, wildfires increasingly threaten homes and communities as the climate
changes and more people move close to and into the wildland areas of Colorado; and
WHEREAS, most wildfires are human caused including the Cameron Peak Fire,
Alexander Mountain Fire, and several smaller fires in recent weeks; and
WHEREAS, this unprecedented growth of the wildland-urban interface has elevated the
need for wildfire prevention and preparedness at both the community and individual homeowner
levels; and
WHEREAS, long-term climate trends and the build-up of forest fuels have further
increased the risk of wildfire. These factors, coupled with the expansion of the wildland-urban
interface, are challenging efforts to protect people, property, and natural resources; and
WHEREAS, wildfires are a natural part of an ecosystem that reduces hazardous fuels,
improves habitats, promotes growth of some species, and returns nutrients to the soil. Therefore,
coordinated education concerning how, where, and why wildfire burns, as well as collaborative
efforts to increase survivability of homes and property is paramount; and
WHEREAS, the local, state, and federal wildfire agencies of Colorado, in partnership with
fire prevention, land management, and wildfire adaptation organizations in the state, are working
together to increase awareness of wildfires so we can all Live Wildfire Ready; and
WHEREAS, simple yard maintenance, fire resistant materials, and covering openings
such as vents with mesh screens, can greatly improve the probability of property surviving a
wildfire.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim May as
WILDFIRE AWARENESS MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of May 2025.
__________________________________
Mayor
ATTEST:
____________________________
City Clerk
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Item PP 4.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the April 15, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the April 15, 2025 Regular meeting.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the April 15, 2025 Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the April 15, 2025 Regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, April 15, 2025
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Item 1.
City of Fort Collins City Council Proceedings Page 212
April 15, 2025
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
PP 1. Declaring the Day of April 15, 2025 as Healing Warriors Day.
PP 2. Declaring the Day of April 25, 2025 as Arbor Day.
PP 3. Declaring the Week of April 21-27, 2025 as National Volunteer Week.
PP 4. Declaring the Month of April, 2025 as National Donate Life Month.
PP 5. Declaring the Month of April, 2025 as Child Abuse Awareness and Prevention Month.
Mayor Pro Tem Emily Francis presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Pro Tem Emily Francis 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 Pro Tem Emily Francis led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Pro Tem Emily Francis
Councilmember Julie Pignataro
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
ABSENT
Mayor Jeni Arndt
Councilmember Susan Gutowsky
Councilmember Tricia Canonico
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STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
No changes to the published agenda.
Items 1-14 on the Consent Calendar are recommended for adoption.
Discussion Item would typically be on the Consent Calendar; however, due to the scope of the
project, it is planned for discussion.
Possible Executive Session to discuss potential real estate acquisitions for recreation facilities.
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.)
Adam Hirschhorn discussed collapse noting 60-70% of honeybees have died. Related to Caroline,
he mentioned that 66% of unemployed don’t return to work in six months which he stated was systemic
erasure. He mentioned compassionate pragmatism and added that when you discard workers you
are not pragmatic, you are failing.
Kevin Cross, Fort Collins Sustainability Group, requested Council direct staff to develop a large
methane user fee proposal for Council consideration later this year. He discussed specifics of how
the fee would be charged and how the revenue would be handled. He stated this type of fee, along
with building performance standards, would aid in forwarding the Our Climate Future goals.
Debbie Peters spoke in support of including a warm water therapy pool in the new southeast
community center project. She spoke about the benefits of warm water therapy for a variety of
conditions.
Ed Behan, Larimer Alliance for Health, Safety, and the Environment, spoke in support of developing a
large methane user fee. He stated the fee fits with Council’s goals related to reducing greenhouse
gas emissions and referred to data that has been collected related to this. Behan provided information
on the benefits of such a fee and urged Council to explore this type of program further.
Barbara Krupnik-Goldman discussed climate-related weather extremes which will increase with further
disastrous impacts. She supported the implementation of a large methane user fee to help the City
further its climate goals.
Phoebe McWilliams stated there have been no studies performed that speak to the use of electric
trash trucks versus regular trash trucks. She opposed the trash contractor opt-out fee and questioned
why that item was not placed on a ballot per TABOR. She stated the notices being sent out to people
not paying the fee are not educational but are harassing and resulting in credit issues. She urged
Council to end the hauler contract.
Mark Korb spoke about the conversion of the Remington Street parking lot to affordable housing and
stated he does not feel it has been fully vetted. He stated the elimination of those parking spaces will
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have detrimental impacts on downtown businesses and tax revenue. He stated there has been no
transparency around this proposal.
David Lingle, DDA Board of Directors Chair, requested Council reaffirm the City’s commitment to
maintaining downtown public parking when pursuing new affordable housing developments. He
discussed the MOU between Housing Catalyst and the City which requires replacement of the existing
160 public parking spaces when the Remington lot is either sold or leased.
Hollie McElwee discussed the redevelopment of the Remington Street parking lot and requested
Council to consider engaging business stakeholders and looking for other locations for the affordable
housing project. She mentioned a nearby parcel of property that is available and could be used for
this project and urged Council not to compromise the parking lot as it would cause irreparable harm
to the downtown businesses. She commented on the economic vitality of the downtown area and
stated losing this parking would destroy it.
Carey Hewitt discussed the original development of the Remington Street parking lot and stated 90%
of downtown visitors use automobiles. He stated people are the lifeblood of an economically
sustainable downtown and the elimination of the parking lot would have detrimental impacts on
downtown businesses.
Jess Eisland commented on illegally modified car and truck mufflers and associated noise pollution.
He stated the issue is inescapable and expressed concern about the lack of enforcement.
Kate Conley commented on the importance of affordable housing and suggested a portion of the CCIP
tax renewal should be dedicated to it as the top-ranking infrastructure issue in Fort Collins. She stated
Fort Collins is in a housing crisis and data shows it is getting worse; therefore, new strategies are
necessary.
Gayla Maxwell Martinez noted she lives on land in Fort Collins that was previously owned by
indigenous peoples. She spoke in support of a large methane user fee stating it is fair and would
benefit the community.
Eddie Arthur discussed car muffler noise which has been getting worse for the past 25 years. He
stated the noise scares people and animals, stifles conversations, and interrupts thought. He noted
the noise has no redeeming value and suggested signage and enforcement should be focused on the
downtown area. He also suggested noise cameras could be utilized and noted noise tickets can hold
up in court.
Ian Schneider discussed car noise and suggested there is a connection between reckless driving and
noise pollution. He requested additional enforcement of noise ordinance violations.
Roxanne Griffin discussed eliminating single-use plastic water bottles and supported Councilmember
Ohlson’s comments following the zero-waste infrastructure presentation at last week’s work session.
She suggested updating the City’s sustainable and purchasing guidelines to address single-use
plastics.
Maureen McCarthy stated her passion, past and present, is around solid waste issues and discussed
efforts to educate community members about the issues being created by single-use plastics. She
commended Councilmember Ohlson’s comments regarding the desire to get things done more quickly
in this space. She commented on the impacts of single-use plastics on human health.
Nancy York spoke in support of a large methane user fee and stated immediate action needs to be
taken to aid in achieving climate goals. She commented on the benefits of incentive programs.
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Jamie Blanchard-Poling spoke in support of composting and provided information about her company,
Compost Queen, which is the only licensed business in Northern Colorado that can collect and
process residential and commercial food waste. She stated she has three licensed facilities in Fort
Collins and now has the capacity to compost about 1,500 tons of organic waste per year, though she
is operating at only 50% capacity. She questioned some of the responses provided by staff at the
recent Council work session.
Rorey King, One Voice for Housing, provided information about the organization and its efforts to
provide stable, affordable housing. She urged the elevation of housing to a higher priority related to
the CCIP tax and allocation of $25 million towards this effort. She stated housing is the number one
issue consistently listed in various community surveys. She stated now is the time to make housing
more of a priority.
Barbara Wilkins stated people do not like to be forced into things and stated previous agreements
should be respected. She stated there is currently an aluminum shortage and that the City needs to
look for solutions, other than making things harder for people.
Rich Stave noted he agrees with what has been stated about noise pollution and noted the hauler
contract allows business and commercial entities to contract with their own haulers, which unfairly
targets residents who wish to opt out. Additionally, he stated the program appears to unfairly use the
threat of legal actions without a process for fair representation. He expressed concern about the
Charter amendments, particularly the change related to the mill levy.
Christopher Conway urged Council to increase funding for affordable housing and commented on the
need for housing for teachers, nurses and others who cannot afford to live here. He urged Council to
prioritize funding for housing, rental assistance and similar efforts.
Christina Swope, Democratic Socialists of America (DSA) Fort Collins Chapter, spoke in support of
implementing a large methane user fee and eliminating single-use plastics.
Jim Hewitt addressed the Remington Parking lot proposal and loss of parking stating it will be
detrimental to downtown businesses and associated tax revenue. He suggested the affordable
housing project could be located elsewhere, and if it is located on the Remington lot, he urged Council
to replace the parking spaces that would be lost.
Nicholas Sahwin spoke in support of the Connexion Workers’ Coalition as well as their role as Labor
Chair for DSA Fort Collins chapter. He also expressed support for more affordable housing and
implementation of a large methane user fee.
Kimberly Conner, Palestine Liaison for the DSA Fort Collins chapter, stated she would be serving on
the Human Services and Housing Funding Board later this year but was not speaking on their behalf.
She urged Council to support a ceasefire resolution and arms embargo. She noted today is Tax Day
and stated all taxpaying Americans are guilty for supplying weapons that are actively tied to this
genocide. She stated that every person who refuses to speak is complicit in our country’s crimes and
it is our obligation to stop them.
Public comment concluded at 7:00 p.m.
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H) PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson asked about the current timetable on the Remington Street parking lot and
Housing Catalyst project. City Manager DiMartino clarified there is not an active development project
in the works right now, though there is conversation about an affordable housing project on the
property. She noted that while it has been discussed that Housing Catalyst will not be responsible for
replacing the parking, there remains conversation about a parallel path for other replacement parking
options. She stated the earliest this topic would go before the Council Finance Committee is June.
Councilmember Ohlson asked about the timing of the noise pollution work session. City Manager
DiMartino replied it is April 22nd.
Councilmember Ohlson stated he would like to request Council support for considering a large
methane user fee at a future meeting when all Councilmembers are present. He also noted there will
be further discussion on increasing the CCIP tax renewal funding for affordable housing.
Councilmember Potyondy commented on the community’s strong commitment to the health of the
environment and encouraged community members to continue speaking to Council about their areas
of expertise and experiences.
Councilmember Pignataro thanked Ms. Peters for bringing forth the idea of a warm water therapy pool
and asked about the timeline for the design portion of the southeast community center. Dean Klinger,
Community Services Director, replied the design team is currently in the site planning and
programming phase and noted there has been demand for a number of features that were not
proposed in the budget. The warm water therapy pool mentioned is included on that list; however,
there may be a possibility to add that feature as design continues.
Councilmember Pignataro asked about the status of a plastics policy within the City organization. City
Manager DiMartino replied staff is working on an administrative policy which would impact how the
City organization functions and would provide an opportunity to lead by example.
Councilmember Pignataro requested follow-up regarding Ms. Blanchard-Poling’s comments about
composting and conflicting information being provided.
Councilmember Ohlson concurred and suggested bi-annual or annual inspections of businesses
ensuring compliance with existing solid waste, recycling, and composting ordinances.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the April 1, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the April 1, 2025 Regular meeting.
Approved
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April 15, 2025
City of Fort Collins City Council Proceedings Page 217
2. Second Reading of Ordinance No. 054, 2025, Making a Supplemental Appropriation of
Funds Received from the Colorado Department of Local Affairs Gray and Black-Market
Marijuana Enforcement Grant Program for the Fort Collins Police Services Marijuana
Enforcement Program.
This Ordinance, unanimously adopted on First Reading on April 1, 2025, supports Fort Collins
Police Services’ Marijuana Enforcement Program in investigating gray and black-market
marijuana cases by appropriating $39,500 of unanticipated grant revenue from the Colorado
Department of Local Affairs (DOLA), Gray and Black-Market Marijuana Enforcement.
Adopted on Second Reading
3. Second Reading of Ordinance No. 055, 2025, Appropriating Prior Year Reserves Received
Through City Give for the Payment Assistance Fund as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on April 1, 2025, requests an
appropriation of $443,600 in philanthropic revenue received through City Give. These gifts to the
Utilities Payment Program account (the “Payment Assistance Fund”) established in Section 26-
722 of the Code, align with both the City’s strategic priorities and the respective donors’
designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading
4. Second Reading of Ordinance No. 056, 2025, Appropriating Philanthropic Revenue
Received Through City Give for the Pottery Studio, Recreation, Community Services as
Designated by the Donor.
This Ordinance, unanimously adopted on First Reading on April 1, 2025, requests an
appropriation of $550,924.99 in philanthropic revenue received through City Give. These estate
gifts to the Pottery Studio align with both the City’s strategic priorities and the respective donors’
designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading
5. Second Reading of Ordinance No. 057, 2025, Making a Supplemental Appropriation of
Grant Funds from the Colorado Department of Local Affairs for the Fort Collins Police
Services’ Office of Human Services.
This Ordinance, unanimously adopted on First Reading on April 1, 2025, appropriates $100,000
in unanticipated revenue awarded to the City from the Colorado Department of Local Affairs
(DOLA) FY2024-2025 Peace Officers Behavioral Health Support and Community Partnerships
Grant Program in support of Police Services Office of Human Services.
The funds will be used to hire a contractual Police Mental Health Counselor to support police
employees and their family members with addressing behavioral health issues that arise. A range
of services will be provided, including counseling for officers and family members for job-related
trauma, and training and education programs on preventing and treating job-related trauma.
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There is no requirement that the City sign an agreement for the award. Rather upon the City
submitting the first request for reimbursement, the City agrees to all terms and conditions of the
award.
Adopted on Second Reading
6. Second Reading of Ordinance No. 058, 2025, Authorizing Transfers of Appropriations from
Broadband Operating Funds to Capital Project Accounts.
This Ordinance, unanimously adopted on First Reading on April 1, 2025, transfers monies that
were previously appropriated by City Council as 2025 Broadband operating fund expenses to
Broadband capital projects. The previously authorized operating expenditures are not expected
to be spent in 2025 because:
- Connexion video product sales have slowed and related appropriated costs will not be fully
expended in 2025.
- Marketing budget, after review, has sufficient underspend expected in 2025.
- Other operating efficiencies exist resulting in additional expected underspend in 2025.
Staff recommends transfer of the total unencumbered and unspent budget appropriations to
Broadband capital projects for the purpose of funding additional installations resulting from
increased customer sign-ups.
Adopted on Second Reading
7. Second Reading of Ordinance No. 059, 2025, Making Supplemental Appropriations from
Grant Revenue and Authorizing Transfers of Appropriations for the Willow Street
Improvements – Linden Street to Lincoln Avenue Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on April 1, 2025, enables the City to
receive and expend Downtown Development Authority (DDA) grant funds for the Willow Street
Improvements – Linden Street to Lincoln Avenue project (Project). The funds will be used for
design and right-of-way acquisition for improvements along Willow Street between Linden Street
and Lincoln Avenue. If approved, the item will: 1) transfer $70,000 from existing funds for the
Willow Street Improvements project west of Linden Street to the Project; 2) appropriate $180,000
of DDA grant funds to the Project; 3) appropriate $1,800 of Transportation Services Fund reserves
to the Project; and 4) appropriate $1,800 (1%) of the DDA grant funds to the Art in Public Places
(APP) program.
Adopted on Second Reading
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Item 1.
April 15, 2025
City of Fort Collins City Council Proceedings Page 219
8. Items Relating to Code Updates for Water Utility Fees.
A. Second Reading of Ordinance No. 060, 2025, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Fees When a Single Water Service for a Duplex is Split Between the Two
Dwelling Units.
B. Second Reading of Ordinance No. 061, 2025, Amending Chapter 26-148 of the Code of the
City of Fort Collins to Revise the Water Supply Requirement for Residential Lots.
These Ordinances, unanimously adopted on First Reading on April 1, 2025, ensure that new or
expanded water service connections contribute to system capacity costs.
Both Ordinances Adopted on Second Reading
9. Second Reading of Ordinance No. 062, 2025, Amending Sections 12-29 and 12-30 of the
Code of the City of Fort Collins to Update the Residential Waste Collection Program.
This Ordinance, unanimously adopted on First Reading on April 1, 2025, updates the City Code
to modify the Contracted Residential Waste Collection Program and include additional variance
and exclusion options that were not originally anticipated.
Adopted on Second Reading
10. Items Relating to City Charter Amendments.
A. Second Reading of Ordinance No. 063, 2025, Submitting to a Vote of the Registered Electors
of the City of Fort Collins a Proposed Charter Amendment Amending Articles II, IX, and X of the
City Charter to Correct Errors and Conform to Amendments Adopted in November 2024.
B. Second Reading of Ordinance No. 064, 2025, Submitting to a Vote of the Registered Electors
of the City of Fort Collins a Proposed Charter Amendment Amending Articles II, IV and XIII of the
City Charter Related to Alignment with Amended or Further Developed Laws and Removing
Inconsistencies.
C. Second Reading of Ordinance No. 065, 2025, Submitting to a Vote of the Registered Electors
of the City of Fort Collins A Proposed Charter Amendment Amending Articles II and IV of the City
Charter to Modernize Certain Provisions.
D. Second Reading of Ordinance No. 066, 2025, Submitting to a Vote of the Registered Electors
of the City of Fort Collins a Proposed Charter Amendment Amending Article IV of the City Charter
Related to Conflicts of Interest.
E. Second Reading of Ordinance No. 067, 2025, Submitting to a Vote of the Registered Electors
of the City of Fort Collins a Proposed Charter Amendment Amending the City Charter to
Modernize and Update It by Reformatting and Updating Language Usage for Ease of Reading
and Clarity and Eliminating Inapplicable and Invalid Provisions.
F. (No action needed - postponed indefinitely on First Reading) First Reading of Ordinance
No. 068, 2025, Submitting to a Vote of the Registered Electors of the City of Fort Collins a
Proposed Charter Amendment Amending Sections 1 and 18 of Article II of the City Charter
Related to Vacancies and Application of Term Limits to Partial Terms.
The purpose of these items is to set ballot language regarding proposed amendments resulting
from the Charter Update Project and submit them to the voters at the November 4, 2025, election.
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Item 1.
April 15, 2025
City of Fort Collins City Council Proceedings Page 220
The ordinances do not include amendment numbers. The Council will establish the order of the
amendments to be presented on the ballot by motion at a later Council meeting and the
ordinances will be presented to the Larimer County Clerk and Recorder in the desired order.
In follow up to comments received on First Reading, the Charter was reviewed to look for any
additional gender-related wording and none was found.
All Ordinances Adopted on Second Reading
11. Second Reading of Ordinance No. 069, 2025, Appropriating Prior Year Reserves in the
General Fund to Cover the Anticipated Costs of the 2025 Regular Municipal Election and
to Fund Additional Campaign Oversight.
This Ordinance, unanimously adopted on First Reading on April 1, 2025, authorizes an additional
appropriation to cover the anticipated costs of the election based on an estimate provided by
Larimer County and will approve funding for campaign oversight based on a recommendation
from the City’s Election Code Committee.
Adopted on Second Reading
12. First Reading of Ordinance No. 070, 2025, Modifying Ordinance No. 023, 2025 with Regard
to Fund Identification for College Avenue-Trilby Road Capital Improvements.
The purpose of this item is to modify a previous appropriation to expense the Stormwater Utility’s
share of the capital project in the Storm Drainage Fund, as opposed to transferring stormwater
funds to the Capital Project Fund as detailed in Ordinance No. 023, 2025.
Adopted on First Reading
13. First Reading of Ordinance No. 071, 2025, Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities, Tourism Programming, and
Convention and Visitor Program Services.
The purpose of this item is to appropriate $424,224, of which $296,957 is proposed for Convention
and Visitors Bureau, $106,056 is proposed for Cultural Development and Programming Activities
(Fort Fund), and $21,211 is proposed for Tourism Programming (Fort Fund) all from unanticipated
2024 Lodging Tax revenue collections.
Lodging taxes are annually collected by the City for Cultural Development and Tourism
programming activities. Anticipated revenue is projected through each Budgeting f or Outcomes
(BFO) cycle and then adjusted annually as needed based on final actual collections. For 2024,
total Lodging tax revenues collected came in $424,224 above projected collections.
Adopted on First Reading
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Item 1.
April 15, 2025
City of Fort Collins City Council Proceedings Page 221
14. First Reading of Ordinance No. 072, 2025, Appropriating Prior Year Reserves in the Natural
Areas Fund and the Sales and Use Tax Fund for the purpose of Land Conservation, Visitor
Amenities, Restoration and Other Related Natural Areas Stewardship Activities not
included in the 2025 Adopted City Budget.
The purpose of this item is to appropriate $6,066,078 in prior year reserves in the Natural Areas
Fund and $112,957 in prior year reserves in the Sales and Use Tax fund to be transferred to the
Natural Areas Fund. These appropriations are for land conservation, visitor amenities and
restoration of wildlife habitat, as well as other Natural Areas Department stewardship activities to
benefit the residents of Fort Collins.
Adopted on First Reading
END OF CONSENT CALENDAR
Councilmember Pignataro moved, seconded by Councilmember Potyondy, to approve the
recommended actions on items 1-14 on the Consent Calendar.
The motion carried 4-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Potyondy commended staff on the development of exemptions related to the
consolidated trash contract.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Julie Pignataro
Attended the Powwow at Northside Atzlan Center
Councilmember Melanie Potyondy
Attended the Powwow at Northside Atzlan Center
Hosting a listening session at the Earth Day event on Saturday
Clerk’s Note: Mayor Pro Tem Francis called for a break at 7:00 p.m., noting the meeting would
resume at 7:18 p.m.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
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Item 1.
April 15, 2025
City of Fort Collins City Council Proceedings Page 222
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
15. First Reading of Ordinance No. 073, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Oak Street Stormwater Project and Related
Art in Public Places.
STAFF PRESENTATION
Nicole Poncelet-Johnson, One Water Executive Director, stated this item is intended to provide an
update and finalize the supplemental appropriation for the Oak Street Stormwater Project.
Heather McDowell, Special Projects Manager, provided a brief history of the project noting it is
needed due to urban flooding issues in downtown Fort Collins. She noted the project is part of a
larger vision for the downtown area that will eventually solve stormwater flooding and eliminate
the floodplain in the downtown area. She outlined the work done on the project to date and stated
current contract expenditures are about $14.3 million, which equates to approximately 40% project
completion. She showed photos of project construction and completed components.
McDowell outlined the additional funding request for the project of a $1.5 million appropriation from
the stormwater reserve fund to supplement the project balance. She noted the contingency fund
is relatively low for a project of this size given that most of the riskiest work has already been
completed.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Councilmember Pignataro asked what would occur if there is a large rain event during construction
of this project. McDowell replied that was heavily discussed with the contractor, and the
components of the project that are installed will convey water and there is an emergency response
plan in place with the contractor. She also noted that all equipment and materials are removed
from the floodway zone at the end of each day.
Councilmember Ohlson stated he would support the appropriation and requested additional input
regarding the project cost which McDowell clarified.
Councilmember Potyondy thanked staff for the update and commended the work on the project.
Mayor Pro Tem Francis also commended the work on the project.
Councilmember Pignataro moved, seconded by Councilmember Ohlson, to adopt
Ordinance No. 073, 2025, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for the Oak Street Stormwater Project and Related Art in Public Places, on
First Reading.
The motion carried 4-0.
P) RESUMED PUBLIC COMMENT
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Item 1.
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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.)
OB 2. Consideration of a Motion to go into an Executive Session to discuss potential
acquisition of real property for recreation facilities:
Councilmember Pignataro moved, seconded by Councilmember Potyondy, that
Council go into executive session to discuss with appropriate City staff potential
acquisition of real property for recreation facilities under consideration, as permitted
under:
- City Charter Article Roman Numeral Two, Section 11(3),
- City Code Section 2-31(a)(3), and
- Colorado Revised Statutes Section 24-6-402(4)(a).
The motion carried 4-0.
R) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:52 p.m.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Page 29
Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 070, 2025, Modifying Ordinance No. 023, 2025 with
Regard to Fund Identification for College Avenue-Trilby Road Capital Improvements.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, modifies a previous
appropriation to expense the Stormwater Utility’s share of the capital project in the Storm
Drainage Fund, as opposed to transferring stormwater funds to the Capital Project Fund as
detailed in Ordinance No. 023, 2025.
Page 30
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Monica Martinez, FP&A Sr. Manager, PDT
Joe Wimmer, Director, Utilities Finance
SUBJECT
Second Reading of Ordinance No. 070, 2025, Modifying Ordinance No. 023, 2025 with Regard to
Fund Identification for College Avenue-Trilby Road Capital Improvements.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 15, 2025, modifies a previous
appropriation to expense the Stormwater Utility’s share of the capital project in the Storm Drainage Fund,
as opposed to transferring stormwater funds to the Capital Project Fund as detailed in Ordinance No. 023,
2025.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Ordinance No. 023, 2025, appropriated $1,294,934 of Stormwater Fund reserves to be transferred to the
Capital Projects Fund for expenditure on stormwater infrastructure as part of the College-Trilby Intersection
Improvement Project.
Consistent with past and best practice, the Stormwater Utility improvements should be expended from the
Stormwater Fund to account for capital assets owned and maintained by the enterprise. This modification
of the appropriation will change the recognition of the asset’s cost to the proper fund for financial purposes.
This Ordinance does not appropriate additional funds to the capital project.
CITY FINANCIAL IMPACTS
There are no financial impacts to the project through this appropriation modification.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 31
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 32
Item 2.
- 1 -
ORDINANCE NO. 070, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MODIFYING ORDINANCE NO. 023, 2025, WITH REGARD
TO FUND IDENTIFICATION FOR COLLEGE AVENUE-
TRILBY ROAD CAPITAL IMPROVEMENTS
A. Ordinance No. 023, 2025, appropriated $1,294,934 of Stormwater Fund
reserves transferred to the Capital Projects Fund for expenditure on stormwater
infrastructure as a part of the College Avenue-Trilby Road Intersection Improvements
Project. This Ordinance modifies this previous appropriation to expense the Stormwater
Utility's share of the capital project in the Storm Drainage Fund.
B. Consistent with past and best practice, Stormwater Utility improvements
should be expended from the Stormwater Fund to account for capital assets owned and
maintained by the enterprise. A modification of the appropriation will change the
recognition of the asset's cost to the proper fund for financial purposes. This Ordinance
does not appropriate additional funds to the capital project.
C. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of contributing to resolving urban
flooding and stormwater quality issues in downtown Fort Collins.
D. 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.
E. The City Manager has recommended the transfer of $1,294,934 from the
Capital Projects Fund to the Stormwater Fund and determined that the purpose for which
the transferred funds are to be expended remains unchanged.
F. 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.
G. The City Council wishes to designate the appropriation herein College and
Trilby Intersection Improvement Project as an appropriation that shall not lapse until the
completion of the project.
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Item 2.
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In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The unexpended and unencumbered appropriated amount of ONE
MILLION TWO HUNDRED NINETY-FOUR THOUSAND NINE HUNDRED THIRTY-
FOUR DOLLARS ($1,294,934) is authorized for transfer from the Capital Projects Fund
to the Stormwater Fund and appropriated therein to be expended for College and Trilby
Intersection Improvement Project.
Section 2. The appropriation herein for College and Trilby Intersection
Improvement Project is hereby designated, as authorized in Article V, Section 11 of the
City Charter, as an appropriation that shall not lapse at the end of this fiscal year but
continue until the completion of the project.
Introduced, considered favorably on first reading on April 15, 2025, and approved
on second reading for final passage on May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 16, 2025
Approving Attorney: Stefanie Boster
Page 34
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 071, 2025, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities, Tourism
Programming, and Convention and Visitor Program Services.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates
$424,224, of which $296,957 is proposed for Convention and Visitors Bureau, $106,056 is
proposed for Cultural Development and Programming Activities (Fort Fund), and $21,211 is
proposed for Tourism Programming (Fort Fund) all from unanticipated 2024 Lodging Tax
revenue collections.
Lodging taxes are annually collected by the City for Cultural Development and Tourism
programming activities. Anticipated revenue is projected through each Budgeting for Outcomes
(BFO) cycle and then adjusted annually as needed based on final actual collections. For 2024,
total Lodging tax revenues collected came in $424,224 above projected collections.
Page 35
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Amanda King, Communications/Public Involvement Director
Eileen May, Community Services Director
Chris Martinez, IES Financial Planning and Analysis Manager
SUBJECT
Second Reading of Ordinance No. 071, 2025, Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities, Tourism Programming, and
Convention and Visitor Program Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates $424,224, of which
$296,957 is proposed for Convention and Visitors Bureau, $106,056 is proposed for Cultural Development
and Programming Activities (Fort Fund), and $21,211 is proposed for Tourism Programming (Fort Fund)
all from unanticipated 2024 Lodging Tax revenue collections.
Lodging taxes are annually collected by the City for Cultural Development and Tourism programming
activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then
adjusted annually as needed based on final actual collections. For 2024, total Lodging tax revenues
collected came in $424,224 above projected collections.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Section 25-244 of the City Code requires that 75% of the total lodging tax receipts be used for the promotion
of convention and visitor activities in the City and 25% of receipts be used for cultural development and
programming activities in the City. Actual revenue collected is appropriated based on this allocation formula
and any excess revenue and budget savings are reserved for these activities in the General Fund.
Pursuant to a contract with the Fort Collins Convention and Visitors Bureau (FCCVB), the City has paid a
portion of lodging tax receipts to the FCCVB since 2011 for delivery of convention and visitors programming
services in furtherance of the Code requirement. The amount due for convention and visitors programming
is appropriated based on prior year receipts and paid annually to FCCVB after the close of the prior tax
year.
When actual lodging tax receipts exceed the anticipated amount appropriated for cultural development and
programming activities, the City also appropriates additional funds and adjusts the amount allocated for
Page 36
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
those activities in the year following the year in which the tax is collected. Appropriated lodging tax
revenues remaining unspent at the end of the tax year lapse into the General Fund and may be
appropriated the following year for the same purposes as they were originally appropriated.
The actual tax revenue collected during the 2024 tax year, as determined March 2025, was $424,224 more
than the Lodging tax revenue anticipated and appropriated for expenditure in 2025. Accordingly, upward
adjustments to the 2025 appropriations under Section 25-244 of the Code are required. These
appropriation adjustments are described below.
CITY FINANCIAL IMPACTS
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 37
Item 3.
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ORDINANCE NO. 071, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND FOR CULTURAL DEVELOPMENT AND PROGRAMMING
ACTIVITIES, TOURISM PROGRAMMING, AND CONVENTION
AND VISITOR PROGRAM SERVICES
A. Section 25-244 of the City Code requires Lodging Tax revenue to be
allocated as follows: 75% for the promotion of convention and visitor activities and 25%
for cultural development and programming activities.
B. Lodging Tax revenue was estimated at $2,000,000 for 2024 and
appropriated; however, actual Lodging Tax receipts were greater than projected .
C. At the end of 2024, a total of $2,424,224 in Lodging Tax revenues had been
collected and the unspent portions lapsed into the General Fund Reserves for Lodging
Tax programs and activities.
D. Unanticipated Lodging Tax revenue in the amount of $424,224 held in the
General Fund Reserves is to be appropriated for each of the Lodging Tax programs and
activities as follows:
Cultural Development and Programming $106,056
Tourism Programming $21,211
Fort Collins Convention and Visitors Bureau $296,957
E. These additional funds will help support a future Fort Fund grant process ,
subject to Council approval of those expenditures.
F. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of promoting visitor activity and cultural
development and programming activities.
G. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
H. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation 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.
I. The City wishes to appropriate funds allocated for Cultural De velopment
and Programming and Tourism Programming.
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Item 3.
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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 General
Fund the sum of ONE HUNDRED SIX THOUSAND FIFTY-SIX DOLLARS ($106,056) to
be expended in the General Fund for Cultural Development and Programming activities.
Section 2. There is hereby appropriated from prior year reserves in the General
Fund the sum of TWENTY-ONE THOUSAND TWO HUNDRED ELEVEN DOLLARS
($21,211) to be expended in the General Fund for Tourism Programming.
Section 3. There is hereby appropriated from prior year reserves in the General
Fund the sum of TWO HUNDRED NINETY-SIX THOUSAND NINE HUNDRED FIFTY-
SEVEN DOLLARS ($296,957) to be expended in the General Fund for the Convention
and Visitors Bureau.
Introduced, considered favorably on first reading on April 15, 2025, and approved
on second reading for final passage on May 6, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: May 16, 2025
Approving Attorney: Ted Hewitt
Page 39
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 072, 2025, Appropriating Prior Year Reserves in the
Natural Areas Fund and the Sales and Use Tax Fund for the Purpose of Land
Conservation, Visitor Amenities, Restoration and Other Related Natural Areas
Stewardship Activities not included in the 2025 Adopted City Budget.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates
$6,066,078 in prior year reserves in the Natural Areas Fund and $112,957 in prior year
reserves in the Sales and Use Tax fund to be transferred to the Natural Areas Fund. T h e s e
a p p r o p r i a t i o n s a r e f o r land conservation, visitor amenities and restoration of wildlife habitat,
as well as other Natural Areas Department stewardship activities to benefit the residents of Fort
Collins.
Page 40
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Katie Donahue, Director, Natural Areas Department
Barb Brock, Financial Analyst II, Natural Areas Department
SUBJECT
Second Reading of Ordinance No. 072, 2025, Appropriating Prior Year Reserves in the Natural
Areas Fund and the Sales and Use Tax Fund for the Purpose of Land Conservation, Visitor
Amenities, Restoration and Other Related Natural Areas Stewardship Activities not included in the
2025 Adopted City Budget.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates $6,066,078 in prior
year reserves in the Natural Areas Fund and $112,957 in prior year reserves in the Sales and Use Tax
fund to be transferred to the Natural Areas Fund. These appropriations are for land conservation,
visitor amenities and restoration of wildlife habitat, as well as other Natural Areas Department stewardship
activities to benefit the residents of Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Funding for the Natural Areas Department (NAD) for purposes other than capital projects lapses each
year if not spent. Unspent prior year funds and unanticipated revenues need to be appropriated
into the following year’s budget before they can be used. The purpose of this item is to appropriate
$6,066,078 in unspent funds and unanticipated revenues in the Natural Areas Fund to fund land
conservation, restoration of wildlife habitat, trails and visitor amenities, special projects and other NAD
needs to benefit the residents of Fort Collins.
In addition, the sales and use tax revenue received in 2024 was higher than projected and existing
appropriations were not adequate to make the full transfer from the Sales and Use Tax Fund to the Natural
Areas Fund for the one quarter cent Natural Areas tax in the amount of $112,957.
Of the total appropriation, $5,100,000 will be used for land conservation. Staff anticipates up to $8,000,000
in conservation opportunities could move forward in 2025, and an additional $20,000,000 in properties
identified as high priorities for conservation. With several land conservation opportunities in negotiation or
under contract there is a reasonable likelihood that most of the $5,100,000 in reappropriation plus the
$4,300,000 allocated through the Budgeting For Outcomes process will be spent in 2025.
Page 41
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The funds for NAD come from the following designated sources of revenue: the City - Open Space Yes! ¼
Cent sales tax; the Larimer County - Help Preserve Open Space ¼ cent sales tax; and miscellaneous
anticipated and unanticipated revenues. All these funds are restricted to the purposes of the NAD, including
unanticipated revenues, which consist generally of income from sales tax revenues, sale of easements
and leases, and grants. The prior year reserve funds being appropriated in this Ordinance are more
specifically described as:
$5,736,035 Unspent 2024 Budgeted Funds – appropriated for same purpose.
$ 330,043 Unanticipated Revenues & Unspent Funds – appropriated for new purposes.
$ 112,957 Transfer from Sales and Use Tax Fund
$6,179,035 Total Appropriation from 2024 Prior Year Reserves
The anticipated use of these funds is as follows:
Land Conservation (LC) - $5,100,000, in unspent land conservation funds for land conservation
efforts per the Natural Areas Master Plan.
Ecological Stewardship (ES) - $439,636: $39,636 to carryover the unspent donation from the West
Vine Neighborhood for the restoration of Kestrel Fields, $50,000 to carryover for deconstruction of
structures on recent acquisitions, $350,000 for grassland health initiatives including monitoring, wildlife
management, and habitat improvement related infrastructure development needs.
Planning and Special Projects (PSP) - $136,399: $50,000 in carryover for the Strategic Framework
wrap up. $80,000 for Arapaho Bend restoration planning, $6,399 in undistributed Enhancement Grant
funds from 2024 will be distributed as part of support for Nature in the City community-led habitat
projects.
Trails and Visitor Amenities (TVA) - $240,000: $60,000 for new cameras and 3 years of data at key
natural areas for use in parking lot management and crime abatement, $170,000 for replacement of
the 2009 small dump truck and the 2003 skid steer and $10,000 for a trailer to haul existing heavy
equipment.
Facility Operations (FO) - $63,000: An addition of a 2025 F-150 Lightning (EV) for use in the Natural
Areas fleet, to increase the department’s 4-wheel drive capacity in response to overall growth in
staffing and pool vehicle utilization.
Department Management (DM)- $200,000: Asset Management Software, we are working with other
departments across Community Services and the City to get a new asset management software to
track lifecycle and plan for capital replacement of key assets.
CITY FINANCIAL IMPACTS
The Appropriation Ordinance increases 2025 appropriations in the City’s Natural Areas Fund by
$6,179,035. The requested total appropriation of $6,179,035 in the Natural Areas Fund represents 2024
appropriations that were unspent and unencumbered at year-end in addition to 2024 unanticipated
revenues and new appropriations from the Natural Areas Fund Balance. This ordinance also increases the
total appropriations in the Sales and Use Tax Fund by $112,957 to be transferred to the Natural Areas
Fund. All these funds are restricted to the purposes of the Natural Areas Department.
Page 42
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Land Conservation and Stewardship Board (LCSB) met on March 12, 2025. Member Sears made a
motion that the LCSB recommends approval of the proposed 2025 appropriation of prior year Natural Areas
reserves. Member Gooden seconded the motion, the motion was approved unanimously.
PUBLIC OUTREACH
Natural Areas Funds will be spent in alignment with the Natural Areas Master Plan, which was extensively
reviewed by the public prior to its adoption in October 2014.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 43
Item 4.
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ORDINANCE NO. 072, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL
AREAS FUND AND THE SALES AND USE TAX FUND FOR THE
PURPOSE OF LAND CONSERVATION, VISITOR AMENITIES,
RESTORATION AND OTHER RELATED NATURAL AREAS
STEWARDSHIP ACTIVITIES NOT INCLUDED IN THE 2025
ADOPTED CITY BUDGET
A. The City is committed to preserving natural areas and providing
educational, interpretive and appropriate recreational opportunities to the public.
B. Natural Areas programming implements open land conservation priorities
identified in the City’s Comprehensive Plan by purchasing conservation easement
interests in key natural areas, community separators, or other open lands; providing
stewardship for lands purchased; public engagement and educational programs; and
developing trails and interpretive features and other amenities for public use.
C. The Natural Areas Department is funded primarily through the collection of
City Open Space – Yes! sales and use tax revenue, as well as revenues from the Larimer
County Help Preserve Open Space sales and use tax, investment earnings, and other
miscellaneous revenues deposited in the Natural Areas Fund.
D. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose to conserve land, restore and enhance
wildlife habitat, improve visitor infrastructure, support community-led habitat projects, and
advance ecological monitoring and stewardship in a manner that serves current and
future generations of Fort Collins residents.
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 such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
F. Article V, Section 11 of the City Charter requires all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general
or special revenue fund, except appropriations for capital projects and federal or state
grants do not lapse until completion of the capital project or expiration of the respective
grant.
G. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Natural Areas Fund and the Sales and Use Tax Fund, as applicable, and that
these appropriations will not cause the total amount appropriated in the Natural Areas
Fund and the Sales and Use Tax Fund, as applicable, to exceed the current estimate of
Page 44
Item 4.
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actual and anticipated revenues and all other funds to be received in these funds during
this fiscal year.
H. The City Manager has recommended the appropriation from prior year
reserves in the Natural Areas Fund of a total of $6,179,035, comprised of unspent and
unencumbered appropriations from 2024 to be used for acquisition, construction,
enhancement and maintenance of trail systems, wildlife habitat and other natural areas
to benefit the residents of the City.
I. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
J. The City Manager has recommended the transfer of $112,957 from the
Sales and Use Tax Fund to the Natural Areas Fund and determined that the purpose for
which the transferred funds are to be expended remains unchanged.
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 Natural
Areas Fund the sum of SIX MILLION SIXTY-SIX THOUSAND SEVENTY-EIGHT
DOLLARS ($6,066,078) to be expended in the Natural Areas Fund for acquisition,
construction, enhancement and maintenance of trail systems, wildlife habitat and other
natural areas to benefit the residents of the City.
Section 2. There is hereby appropriated from prior year reserves in the Sales
and Use Tax Fund for transfer to the Natural Areas Fund the sum of ONE HUNDRED
TWELVE THOUSAND NINE HUNDRED FIFTY-SEVEN DOLLARS ($112,957) and
appropriated therein to be expended in the Natural Areas Fund for acquisition,
construction, enhancement and maintenance of trail systems, wildlife habitat and other
natural areas to benefit the residents of the City.
Page 45
Item 4.
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Introduced, considered favorably on first reading on April 15, 2025, and approved
on second reading for final passage on May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 16, 2025
Approving Attorney: April Silva
Page 46
Item 4.
File Attachments for Item:
5. Second Reading of Ordinance No. 073, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Oak Street Stormwater Project and
Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates an
additional $1,515,000 appropriation from the Stormwater Utility Reserve Fund to supplement the
existing appropriated budget, including $15,000 for Art in Public Places. The Oak Street
Stormwater Project is currently under construction and progressing as planned. The additional
appropriation will fund remaining project support services as well as a minor contingency for
unanticipated costs to complete the project.
An Art in Public Places contribution, per Code, has been added to the total project supplemental
appropriation amount.
Page 47
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Matt Fater, Director, Civil Engineering
Heather McDowell, Special Projects Manager
Joe Wimmer, Director, Utilities Finance
SUBJECT
Second Reading of Ordinance No. 073, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Oak Street Stormwater Project and Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates an additional
$1,515,000 appropriation from the Stormwater Utility Reserve Fund to supplement the existing
appropriated budget, including $15,000 for Art in Public Places. The Oak Street Stormwater Project is
currently under construction and progressing as planned. The additional appropriation will fund remaining
project support services as well as a minor contingency for unanticipated costs to complete the project.
An Art in Public Places contribution, per Code, has been added to the total project supplemental
appropriation amount.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Oak Street Stormwater Improvement Project is a priority stormwater project for the City because it will
contribute to resolving urban flooding and stormwater quality issues in downtown Fort Collins. The project
will provide stormwater infrastructure including a combination of grey and green infrastructure to reduce
flooding impacts along the Oak Street corridor and adjacent blocks. Large diameter storm pipes ranging in
size from 48” to 78” will extend from the previously constructed Oak Street Outfall, starting at Mason Street
and extending to Jackson Street near City Park. There will be approximately 8,500 linear feet of new
stormwater mains along Oak Street and cross streets that extend north to Mountain Avenue and/or south
to Olive Street. Green infrastructure includes water quality ponds, or “rain gardens” in three locations along
the Oak Street corridor to filter street runoff. Additional information on the project and associated public
outreach can be found here: Oak Street Stormwater Improvements Project.
The project started construction in July of 2024 with an anticipated completion of August 2026. To date,
approximately 40% of the work is completed which includes 772 linear feet of tunnelling and 2,050 linear
feet of mainline storm sewer.
Page 48
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
To date, the total appropriated budget for this project is $42,882,815. Previous city annual budgets
appropriated $2,920,000 and there was an off-cycle appropriation in 2023 for $39,962,815. The off-cycle
appropriation was for the municipal bond proceeds issued by the Stormwater Utility enterprise in the Fall
of 2023. The total project budget includes engineering, project and construction management, permitting,
and construction services with construction contract accounting for the most significant portion. In addition
to these elements of the project budget, typically a contingency of 5-10% would be included in the final
budget. However, this level of contingency was not included in the 2023 appropriation due to the timing of
the bidding and bonding processes. Instead, the project started construction with a contingency of less
than 1%.
The construction contract portion of the project has been progressing as planned wit h minimal
unanticipated expenses. However, the project expenses related to professional services, project
management, and other support services have exceeded original estimates. These are future expenses for
the project as the project moves into the second year of construction. There are also some minor potential
expenses associated with pending issues related to construction such as concrete and asphalt replacement
and utility relocations that will likely be realized before the end of the project. In addition to these known
and pending expenses, a minor contingency (1.5%) is requested to cover unanticipated expenses for the
remaining portion of the project. The Budget Summary (below) summarizes the existing appropriations and
anticipated expenses as well as the requested appropriation to complete the project.
Staff requests a $1,515,000 supplemental appropriation from Stormwater Fund reserves based on the
budget analysis summarized in the Budget Summary, with $1.5M for the capital project and $15,000 for
Art in Public Places, per code. This level of contingency is relatively small for a project of this magnitude.
A typical construction contingency would be 5-10%. However, staff believes this is sufficient to complete
the project based on the progress to date and a risk assessment of the remaining work.
Budget Summary
CITY FINANCIAL IMPACTS
This ordinance will appropriate $1,500,000 for Stormwater Fund non-lapsing expenses, plus $15,000 for
Art in Public Places, for a total appropriation of $1,515,000. Storm Drainage Fund reserves are available
for this capital project appropriation and are projected to end the year above the City’s fund reserve target.
Art in Public Places: Stormwater has a total cap for an Art in Public Places contribution of $100,350 based
off 0.5% of total budgeted revenue for 2025. $24,000 was appropriated during 2025-2026 Budgeting for
Outcomes (BFO) process. This project will allocate an additional $15,000 for fiscal year 2025. The
contribution will be as follows: $11,700 will remain in the Stormwater fund for Art in Public Places artwork
Appropriations Encum. & Expend. Balance
Current Appropriation Status $ 42,882,815 $ 41,548,387 $ 1,317,666
Future Expenses (Known) $ 2,132,077 $ (814,411)
Pending Issues (Potential) $ 119,994 $ (934,404)
Appropriation Request w/
1.5% Contingency $ 1,500,000 $ 565,596
Total Project Appropriation $ 44,382,815
Page 49
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
and $3,300 will be transferred to the Cultural Services and Facilities fund for operations and maintenance
respectively.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Council Finance Committee supported the additional appropriation at the March 6, 2025, meeting.
Also, the Water Commission unanimously recommended approval of the appropriation at the March 20,
2025, meeting.
PUBLIC OUTREACH
The public outreach for the project has been extensive including a bi-weekly newsletter and website
updates.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 50
Item 5.
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ORDINANCE NO. 073, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE OAK STREET STORMWATER
PROJECT AND RELATED ART IN PUBLIC PLACES
A. The City owns and operates a Stormwater Utility for the purposes set forth
in City Code Section 26-492, including for economic, social, and environmental benefits
identified in that section.
B. The Stormwater Utility is constructing the Oak Street Stormwater Project to
contribute to the resolution of urban flooding and stormwater quality issues in downtown
Fort Collins. The project started construction in July of 2024 with an anticipated
completion of August 2026.
C. The total appropriated budget, to date, fo r this project is $42,882,815.
$2,920,000 was previously appropriated, and there was an off-cycle appropriation in 2023
for $39,962,815. These previous appropriations did not include any contingencies.
Stormwater Utility have identified a need to appropriate an additional $1,500,000 to
complete the project, which includes a 1.5% contingency.
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purposes of contributing to resolving urban
flooding and stormwater quality issues in downtown Fort Collins.
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 de scribed herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Stormwater Fund and that this appropriation will not cause the
total amount appropriated in the Stormwater Fund to exceed the current estimate of actual
and anticipated revenues and all other funds to be received in this Fund during this fiscal
year.
G. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any un expended 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.
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Item 5.
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H. The City Manager has recommended the transfer of $3,300 from the
Stormwater Fund to the Cultural Services and Fund and determined that the purpose for
which the transferred funds are to be expended remains unchanged.
I. 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”).
J. The total project cost of $1,500,000 has been used to calculate the
contribution to the APP program.
K. The amount to be contributed in this Ordinance will be $15,000. The
contribution will be: $11,700 will remain in the Stormwater fund for APP and $3,300 will
be transferred to the Cultural Services and Facilities fund for operations and maintenance .
L. Contributions to the APP Program by each City utility for art projects is kept
and spent in such utility’s own fund, the utility contributes its share of the APP Program’s
costs for maintenance, administration, repair and display to the Cultural Services and
Facilities Fund as provide in City Code Section 23 -303(c).
M. In accordance with Article V, Section 10 of the City Charter, the
appropriation for the Project from the Stormwater Fund and the transfer of a portion of
those unexpended and unencumbered appropriated funds to the APP Program as
provided in City Code Section 23-304(c) will be used for Stormwater purposes and
improvements in connection with the Project that provide a betterment to the Utility
provide a specific utility purpose that is beneficial to the Utility’s ratepayers.
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, 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.
O. The City Council wishes to designate the appropriation herein for Oak Street
Stormwater Project as an appropriation that shall not lapse until the completion of the
project.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the
Stormwater Fund the sum of ONE MILLION FIVE HUNDRED FIFTEEN THOUSAND
DOLLARS ($1,515,000) for the Oak Street Stormwater Project and appropriated as
follows:
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Item 5.
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Oak Street Stormwater Project $1,500,000
Art in Public Places (Artwork) $11,700
Art in Public Places (transfer to
Cultural Services Fund for APP Operations) $3,000
Art in Public Places (transfer to
Cultural Services Fund for APP Maintenance) $300
TOTAL $1,515,000
Section 2. The unexpended and unencumbered appropriated amount of
THREE THOUSAND DOLLARS ($3,000) in the Stormwater Fund is hereby authorized
for transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the operation costs of the APP Program.
Section 3. The unexpended and unencumbered appropriated amount of
THREE HUNDRED DOLLARS ($300) in the Stormwater Fund is hereby authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the maintenance costs of the APP Program.
Section 4. The appropriation herein for Oak Street Stormwater Project is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the completion of the
project.
Introduced, considered favorably on first reading on April 15, 2025, and approved
on second reading for final passage on May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 16, 2025
Approving Attorney: Eric Potyondy
Page 53
Item 5.
File Attachments for Item:
6. First Reading of Ordinance No. 074, 2025, Appropriating Unanticipated Philanthropic
Revenue, Appropriating Prior Year Reserves and Authorizing Transfer of Appropriations
for Various Gifts Received Through City Give.
The purpose of this item is to request an appropriation of $42,325 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 54
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 074, 2025, Appropriating Unanticipated Philanthropic Revenue,
Appropriating Prior Year Reserves and Authorizing Transfer of Appropriations for Various Gifts
Received Through City Give.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $42,325 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 the 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 in 2025 totaling $24,300 to support various
departments, and these funds are currently unappropriated. This item also requests the reappropriation of
$15,000 in philanthropic revenue for the 9-11 Memorial received through City Give in 2024 and an
administrative transfer request of $3,025 to correct the Fund noted on Ordinance No. 018, 2025, for the
gifts to the Payment Assistance Fund and demarcate them as non-lapsing. Both Section 2.5 of the City’s
Financial Management Policy 2 – Revenue, as approved by City Council, and the Administrative
Philanthropic Governance Policy 6.04, adopted by the City Manager, (together the “City Give Policies”),
provide the bases and processes for the responsible and efficient management of charitable donations to
the City.
Gifts totaling $24,300 have been received for various programs and services.
Fund Project Amount Lapsing/Non-lapsing
General Police Leaders Summit $5,000 Lapsing
Page 55
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
General Veterans Plaza Entry sign $8,000 Lapsing
General Pollinators $2,000 Lapsing
Recreation Adaptive Recreation $300 Lapsing
Recreation Pool tables $750 Lapsing
Recreation Rainbow swim $5,225 Lapsing
Light & Power Payment Assistance Fund $25 Non-lapsing
FC Moves Open Streets $3,000 Lapsing
The respective donors have directed the City to use these generous donations for designated purposes
within and to benefit City service areas and programs.
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will: 1) appropriate in the current fiscal year into the General Fund,
Recreation Fund, Light and Power Fund, and the Transportation Fund new philanthropic revenue received
through City Give in the amount of $24,300 and authorize expenditures against those revenues for the
purposes and in the amounts as directed by donors and indicated above to support various City
departments; 2) appropriate revenue in the amount of $15,000 from philanthropic revenue held in prior
year reserves in the General Fund and authorize expenditures against those revenues for purposes of the
9-11 Memorial as directed by donors; and 3) transfer $3,025 in donated revenue (which was incorrectly
appropriated into the General Fund on Ordinance No. 018, 2025) to the Light & Power Fund and authorize
expenditures against those revenues for the purposes of the Payment Assistance program
The donations shall be expended from the designated fund solely for the donors’ directed intent. The funds
have been received and accepted per City Give Policies.
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 No. 074, 2025
Page 56
Item 6.
-1-
ORDINANCE NO. 074, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE, APPROPRIATING PRIOR YEAR RESERVES AND
AUTHORIZING TRANSFER OF APPROPRIATIONS OF VARIOUS
GIFTS RECEIVED THROUGH CITY GIVE
A. The City has received generous donations in 2024 and 2025 through its City
Give program, both large and modest, as philanthropic gifts to the public and the City
programs and activities to serve the community.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting programs or capital
expenses throughout the city, including, but not limited to, public safety, parks and
recreation, utility payment assistance, and the 9-11 Memorial.
C. 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.
D. 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.
E. The City Manager has recommended the appropriations described in
Section 1 of this Ordinance and determined that the amount of each of these
appropriations is available and previously unappropriated from the respective funds
named in Section 1 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 th ose
funds during this fiscal year.
F. The City Manager has recommended the appropriation described in Section
2 of this Ordinance and determined that the amount of the appropriation is available and
previously unappropriated from reserves accumulated in prior years.
G. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or cap ital project in
Page 57
Item 6.
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which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
H. The City Manager has recommended the transfer of $3,025 from the
General Fund to the Light & Power Fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
I. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds, 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 donation or the
City’s expenditure of all funds received from such donation .
J. The City Council wishes to designate the appropriation herein for the
donations to the Payment Assistance Fund as appropriations that shall not lapse until the
earlier of the expiration of the donation or the City’s expenditure of all funds received from
such donation.
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 the following funds these amounts
of philanthropic revenue received in 2025 to be expended as designated by the donors in
support of the various City programs and services as described in the Agenda Item
Summary.
Section 2. There is hereby appropriated from the following funds these amounts
of philanthropic revenue held in prior year reserves to be expended as designated by the
donors in support of the various City programs and services as described in the Agenda
Item Summary.
Section 3. The unexpended and unencumbered appropriated amount of
THREE THOUSAND TWENTY-FIVE DOLLARS ($3,025) is authorized for transfer from
the General Fund to the Light & Power Fund and appropriated therein to be expended for
the Payment Assistance Fund.
General Fund $ 15,000
Recreation Fund $ 6,275
Light and Power Fund, donation to the
Payment Assistance Fund $ 25
Transportation Services Fund $ 3,000
General Fund $ 15,000
Page 58
Item 6.
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Section 4. The appropriation herein for the donations to the Payment
Assistance Fund 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 until the
earlier of the expiration of the donation or the City’s expenditure of all funds received from
such donation.
Introduced, considered favorably on first reading on May 6, 2025, and approved
on second reading for final passage on May 20, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Dianne Criswell
Page 59
Item 6.
File Attachments for Item:
7. First Reading of Ordinance No. 075, 2025, Making a Supplemental Appropriation of
Colorado Department of Transportation Colorado Highway Safety Office Click It or Ticket
Grant Funds for the Fort Collins Police Services Traffic Enforcement Unit.
The purpose of this item is to appropriate $20,000 of unplanned revenue from the Colorado
Department of Transportation (CDOT) for Police Services to conduct the Click It Or Ticket
program.
Page 60
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Brandon Barnes, Police Special Operations, Corporal
David Lindsay, Police Special Operations, Sergeant
Joanne Cech, Fiscal Recovery Manager
SUBJECT
First Reading of Ordinance No. 075, 2025, Making a Supplemental Appropriation of Colorado
Department of Transportation Colorado Highway Safety Office Click It or Ticket Grant Funds for
the Fort Collins Police Services Traffic Enforcement Unit.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $20,000 of unplanned revenue from the Colorado Department
of Transportation (CDOT) for Police Services to conduct the Click It Or Ticket program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Fort Collins Police Services (FCPS) Traffic Enforcement Unit was awarded a Click It or Ticket (CIOT)
federal grant through the Colorado Department of Transportation Highway Safety Office (HSO) on March
26, 2025. The Click It or Ticket grant program (the Program) provides enforcement focused on driver and
passenger restraint system use. The Program runs three enforcement cycles during the following
timeframes in 2025: April 7 – April 13; May 12 – June 1; and July 21 – August 1. During these three
enforcement cycles officers are deployed to conduct traffic enforcement and specifically to enforce driver
and passenger restraint use. The enforcement of driver and passenger restraint system use aligns with the
City of Fort Collins Vision Zero goal to reduce and/or eliminate serious injury and fatal crashes. Driver and
passenger restraint systems have proven to save lives by keeping the restrained passengers inside the
vehicle in the event of a serious collision. According to CDOT, “Since Click It or Ticket was introduced in
Colorado in 2002, statewide seat belt use has increased from 72% to 88%.” The Program covers the period
from April 1, 2025, through September 30, 2025. The Police Department will utilize the grant funds to cover
personnel costs for implementing this program.
CITY FINANCIAL IMPACTS
The item appropriates $20,000 in program costs for the FCPS Traffic Enforcement Unit and other agency
personnel to deploy at their respective salary overtime rates during the three enforcement waves of Click
It or Ticket.
Page 61
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
An executed grant agreement is not required for this award. The state has issued the Fort Collins Police
Department a $20,000 purchase order, and the award begins when Police Services requests
reimbursement against that purchase order.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 075, 2025
2. 2025 Click It or Ticket Award Letter
Page 62
Item 7.
-1-
ORDINANCE NO. 075, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF COLORADO
DEPARTMENT OF TRANSPORTATION COLORADO HIGHWAY
SAFETY OFFICE CLICK IT OR TICKET GRANT FUNDS FOR
THE FORT COLLINS POLICE SERVICES TRAFFIC
ENFORCEMENT UNIT
A. On March 26, 2025, Fort Collins Police Services (“FCPS”) Traffic
Enforcement Unit was awarded a grant through the Colorado Department of
Transportation (HSO) Click It or Ticket program, which is a grant program that provides
high visibility enforcement focusing on enforcement of driver and passenger restraint
system use.
B. The Program runs three enforcement cycles starting in April, May, and July
of 2025. During these three enforcement cycles officers are deployed to conduct traffic
enforcement and specifically to enforce driver and passenger restraint use. The
enforcement of driver and passenger restraint system use aligns with the City of Fort
Collins Vision Zero goal to reduce and/or eliminate serious injury and fatal crashes.
C. The item appropriates $20,000 in unanticipated funds received through this
grant to help cover program costs for the FCPS Traffic Enforcement Unit and other
agency personnel to deploy at their respective salary overtime rates during the three
enforcement periods of Click It or Ticket.
D. Driver and passenger restraint systems have proven to save lives by
keeping the restrained passengers inside the vehicle in the event of a serious collision.
According to CDOT, “Since Click It or Ticket was introduced in Colorado in 2002,
statewide seat belt use has increased from 72% to 88%.” The Program covers the period
from April 1, 2025, through August 1, 2025.
E. The Police Department will utilize the grant funds to cover personnel costs
for implementing this program.
F. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of saving lives through education
and enforcement measures.
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.
Page 63
Item 7.
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H. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation 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.
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 la pse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
J. The City Council wishes to designate the appropriation herein for the
Colorado Department of Transportation, Colorado Highway Safety Office Click It or Ticket
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 TWENTY THOUSAND DOLLARS ($20,000) to be expended in
the General Fund for the Fort Collins Police Services Traffic Enforcement Unit.
Section 2. The appropriation herein for the Colorado Department of
Transportation, Colorado Highway Safety Office Click It or Ticket 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 con tinue 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 May 6, 2025, and approved
on second reading for final passage on May 20, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Dawn Downs
Page 64
Item 7.
Page 65
Item 7.
Page 66
Item 7.
Page 67
Item 7.
File Attachments for Item:
8. Items Relating to the Nature-Based Solutions Plan and Stormwater Park Concept Plan
Project.
A. Resolution 2025-049 Authorizing the Execution of an Intergovernmental Grant Agreement
Between the City of Fort Collins and the Colorado Department of Public Safety for the Nature-
Based Solutions Plan and Stormwater Park Concept Plan Project.
B. First Reading of Ordinance No. 076, 2025, Making a Supplemental Appropriation of Federal
Emergency Management Administration’s Building Resilient Infrastructure and Communities
Program Grant Funds and Authorizing Transfers for the Nature-Based Solutions Plan and
Stormwater Park Concept Plan Project.
The purpose of these items is to enable the City to receive and expend federal funds for the
Nature-Based Solutions Plan and Stormwater Park Concept Plan Project (Project). The
Colorado Division of Homeland Security and Emergency Management, through the Colorado
Department of Public Safety (CDPS), awarded the City of Fort Collins $398,431 of unanticipated
revenue to develop the Project. This award is part of the Federal Emergency Management
Administration’s (FEMA’s) Building Resilient Infrastructure and Communities (BRIC) 2023
program, with the $398,431 awarded to the City being federal funds. The City has a required
cost share of $245,641 that will be met through City staff time. City staff time will be used
through the life of the grant funded Project, from 2025 through October 23, 2027. Based on City
staff time being part of annual ongoing fund budgets, the City will utilize budgets as
appropriated by City Council each annual fiscal year associated with such City staff time to meet
the required cost share requirement of this grant.
Grant funds will enable the City in developing plans to support developers who seek to utilize
nature-based solutions and natural habitat design standards in their neighborhood
developments in Fort Collins. The purpose of this item is to support development of the Project
by:
Appropriating $398,431 of unanticipated revenue awarded through FEMA’s BRIC program;
Utilizing matching funds in the amount of $85,378 from existing 2025 appropriations in the
Community Development and Neighborhood Services operating budget in the General fund into
this grant Project for staff time;
Utilizing matching funds in the amount of $11,841 from existing 2025 appropriations in the
Stormwater Engineering operating budget in the Stormwater fund into this grant Project for staff
time.
Utilizing matching funds in the amount of $5,957 from existing 2025 appropriations in the
Communications and Public Involvement operating budget in the General Fund into this grant
Project for staff time.
This item authorizes the Mayor to accept the grant funds and to commit the City to comply with
the terms and conditions of the intergovernmental grant agreement.
Page 68
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Kirk Longstein, Senior Environmental Planner, Community Development and Neighborhood Services
Joanne Cech, Recovery Manager, Grants Administration
SUBJECT
Items Relating to the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project.
EXECUTIVE SUMMARY
A. Resolution 2025-049 Authorizing the Execution of an Intergovernmental Grant Agreement Between the
City of Fort Collins and the Colorado Department of Public Safety for the Nature-Based Solutions Plan and
Stormwater Park Concept Plan Project.
B. First Reading of Ordinance No. 076, 2025, Making a Supplemental Appropriation of Federal Emergency
Management Administration’s Building Resilient Infrastructure and Communities Program Grant Funds
and Authorizing Transfers for the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project.
The purpose of these items is to enable the City to receive and expend federal funds for the Nature-Based
Solutions Plan and Stormwater Park Concept Plan Project (Project). The Colorado Division of Homeland
Security and Emergency Management, through the Colorado Department of Public Safety (CDPS),
awarded the City of Fort Collins $398,431 of unanticipated revenue to develop the Project. This award is
part of the Federal Emergency Management Administration’s (FEMA’s) Building Resilient Infrast ructure
and Communities (BRIC) 2023 program, with the $398,431 awarded to the City being federal funds. The
City has a required cost share of $245,641 that will be met through City staff time. City staff time will be
used through the life of the grant funded Project, from 2025 through October 23, 2027. Based on City staff
time being part of annual ongoing fund budgets, the City will utilize budgets as appropriated by City Council
each annual fiscal year associated with such City staff time to meet the required cost share requirement
of this grant.
Grant funds will enable the City in developing plans to support developers who seek to utilize nature-based
solutions and natural habitat design standards in their neighborhood developments in Fort Collins. The
purpose of this item is to support development of the Project by:
Appropriating $398,431 of unanticipated revenue awarded through FEMA’s BRIC program;
Utilizing matching funds in the amount of $85,378 from existing 2025 appropriations in the Community
Development and Neighborhood Services operating budget in the General fund into this grant Project
for staff time;
Utilizing matching funds in the amount of $11,841 from existing 2025 appropriations in the Stormwater
Engineering operating budget in the Stormwater fund into this grant Project for staff time.
Page 69
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Utilizing matching funds in the amount of $5,957 from existing 2025 appropriations in the
Communications and Public Involvement operating budget in the General Fund into this grant Project
for staff time.
This item authorizes the Mayor to accept the grant funds and to commit the City to comply with the terms
and conditions of the intergovernmental grant agreement.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This Project seeks to find a predictable solution for developers who wish to overlay natural habitat
protection zoning standards, nature based landscape designs and naturalized stormwater facilities. The
purpose of this Project is to create a comprehensive master plan that integrates Nature-Based Solutions
(NbS) to enhance stormwater management at the neighborhood level and protect ecologically significant
features identified by the Land Use Code and buffered from development.
The intent of the Project is to find an engineering and landscape design solution that enhances
neighborhoods in Fort Collins with a harmonious blend of nature, fostering a sense of place, environmental
stewardship, and community well-being. Through the integration of nature-based solutions and natural
habitat design standards, staff envision increased community benefit from future development scenarios.
Specifically, through:
Alignment of stormwater management design criteria and natural habitat buffer zones (NHBZs)
established by Citywide policy, codes and standards.
Added value from Utilities infrastructure and enhanced public benefit from developer requirements.
NbS and NHBZs providing improved water quality, improved stormwater runoff, and recharging
groundwater resources.
Council has specifically approved policies, work plan items, Land Use Code updates, stormwater criteria,
and priorities that this Department of Homeland Security FEMA BRIC award and the Project are in
furtherance of. The Project aligns with the following Council outcome areas and priorities:
Economic Health: Reliable infrastructure for electricity, water, wastewater and flood protection is
critical to ensure community resiliency amidst a changing climate;
Environmental Health: Sustain the health of the Cache la Poudre River and regional watersheds while
delivering a resilient, economically responsible and high-quality water supply for all Fort Collins
residents; and
Council Priority: Protect Community Water Systems in an Integrated Way to Ensure Resilient Water
Resources and Healthy Watersheds.
On Friday, April 4, 2025, CDPS received information from FEMA that this BRIC grant is alrea dy
awarded/obligated by FEMA. The FEMA guidance confirms that some communities are still working
toward full execution of the state/sub-recipient grant agreement, which does not impact already awarded
federal funds.
CITY FINANCIAL IMPACTS
This item appropriates $398,431 to support the costs for the Nature Based Solutions Plan and Stormwater
Park Concept Plan Project, from:
Page 70
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
$398,431 from unanticipated revenue from the Colorado Department of Public Safety through
Department of Homeland Security, FEMA;
Additionally, required cost share in the amount of $85,378, $11,841 and $5,957 have already been
appropriated in the 2025 General Fund and 2025 Stormwater Fund, respectively. These funds will be
transferred from the 2025 Community Development and Neighborhood Services Department operating
budget within the General Fund, the Utilities Stormwater Department operating budget in the Stormwater
Fund, and the Communications and Public Involvement operating budget within the General Fund to the
grant funded Project (for staff time). This serves to support proper tracking of personnel time in meeting
the City’s required cost share.
City staff time will be used in subsequent year 2026.The City will request Council in 2026 to transfer the
value of City staff time in 2026 from the operating (lapsing) budget of both the General Fund, and the
Stormwater Fund, to the non-lapsing grant Project.
The award under FEMA’s BRIC program is a reimbursement type award, meaning General Fund expenses
will be reimbursed up to $398,431.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
The Project team is planning to establish a variety of avenues for community members to share requests,
inquiries, concerns and input. This flow of information is most effective when it works both ways and the
team is planning to foster this connection at each step.
The approach to public engagement is informed by the methods and best practices created by the
International Association for Public Participation (IAP2)—their principles also helped to develop the
Project’s milestones. Project team staff are trained through IAP2, and we constantly research and connect
with other communities to learn about new ideas. We work closely with CSU's Center for Public
Deliberation, professional trade organizations, non-governmental organizations and community partners
to help us better connect with impacted stak eholders. The team is excited to start its public engagement
with a presentation to the Land Conservation and Stewardship Board, along with affordable housing
providers. Prior to presenting a final deliverable, the Project team will ensure any future recommendations
align with a balanced community perspective.
ATTACHMENTS
1. Resolution 2025-049
2. Exhibit A to the Resolution
3. Ordinance No. 076, 2025
4. Presentation
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RESOLUTION 2025-049
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
GRANT AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND
THE COLORADO DEPARTMENT OF PUBLIC SAFETY FOR THE
NATURE-BASED SOLUTIONS PLAN AND STORMWATER PARK
CONCEPT PLAN PROJECT
A. The purpose of this item is to enable the City to receive and expend federal
funds for the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project
(the “Project”).
B. The Project seeks to find a predictable solution for developers who wish to
overlay natural habitat protection zoning standards, nature based landscape designs and
naturalized stormwater facilities in their neighborhood developments in Fort Collins. The
purpose of this Project is to create a comprehensive master plan that integrates Nature-
Based Solutions (“NbS”) to enhance stormwater management at the neighborhood level
and protect ecologically significant features identified by the Fort Collins Land Use Code
and buffered from development.
C. The intent of the Project is to find an engineering and landscape design
solution that enhances neighborhoods in Fort Collins with a harmonious blend of nature,
fostering a sense of place, environmental stewardship, and community well -being.
Through the integration of nature-based solutions and natural habitat design standards,
staff envision increased community benefit from future development scenarios through:
Alignment of stormwater management design criteria and natural habitat buffer
zones (“NHBZs”) established by Citywide policy, codes and standards;
Added value from Utilities infrastructure and enhanced public benefit from
developer requirements; and
NbS and NHBZs provide improved water quality, stormwater runoff, and
recharge groundwater resources.
D. The Colorado Division of Homeland Security and Emergency Management,
through the Colorado Department of Public Safety (“CDPS”), awarded the City of Fort
Collins $398,431 of unanticipated revenue to develop the Project and has proposed an
intergovernmental grant agreement with the City.
E. This award is part of the Federal Emergency Management Administration’s
(“FEMA’s”) Building Resilient Infrastructure and Communities (“BRIC”) 2023 program.
The $398,431 award is federal funds. The City has a required cost share of $245,641 that
will be met through City staff time. City staff time will be used through the life of the grant
funded Project, from 2025 through October 23, 2027. Based on City staff time being part
of annual ongoing fund budgets, the City will use budgets as appropriated by City Council
each annual fiscal year associated with such City staff time to meet the required cost
share requirement of this grant.
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F. The grant funds are anticipated to be appropriated via Ordinance
No. 076, 2025, and used for the Project.
G. 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 theret o with the approval of its
legislative body or other authority having the power to so approve.
H. City Charter Article II, Section 16 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.
I. Municipal Code Section 1-22 requires the City Council to approve
intergovernmental agreements that require the City to m ake a direct, monetary payment
over $50,000, and funds anticipated to be appropriated pursuant to this grant agreement
amount to awarded funds of $398,431 and staff time from 2025 through October 23, 2027,
totaling $245,641. City staff recommend that the City Council appropriate funds in these
amounts by ordinance.
J. The City Council finds and determines that the Project and the CDPS BRIC
grant funding are in the best interests of the City, that they advance the public’s health,
safety, and welfare by facilitating design and improvement of the City’s natural habitats
and landscapes and stormwater infrastructure, and that the Mayor be authorized to
execute the intergovernmental grant agreement between the City and the CDPS in
support thereof.
K. City Council has specifically approved policies, work plan items, Land Use
Code updates, stormwater criteria, and priorities that this FEMA BRIC award and the
Project are in furtherance of. The Project aligns with the following Council outcome areas
and priorities:
Economic Health: Reliable infrastructure for electricity, water, wastewater and
flood protection is critical to ensure community resiliency amidst a changing
climate;
Environmental Health: Sustain the health of the Cache la Poudre River and
regional watersheds while delivering a resilient, economically responsible and
high-quality water supply for all Fort Collins residents; and
Council Priority: Protect Community Water Systems in an Integrated Way to
Ensure Resilient Water Resources and Healthy Watersheds.
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 authorizes the Mayor to execute, on behalf of the
City, the intergovernmental grant agreement with the Colorado Division of Homeland
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Security and Emergency Management, through the Colorado Department of Public
Safety, in substantially the form attached hereto as Exhibit A, with 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 hereby authorizes the City Manager to approve and
execute future amendments to the intergovernmental grant agreement with the Colorado
Division of Homeland Security and Emergency Management, through the Colorado
Department of Public Safety relating to the Project that the City Manager, in consultation
with the City Attorney, determines to be necessary and appropriate to facilitate completion
of the Project, so long as such amendments do not increase the cost of the P roject,
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 the interg overnmental
agreement.
Passed and adopted on May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 6, 2025
Approving Attorney: Heather N. Jarvis
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Item 8.
Office of Grants Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
700 Kipling Street, Lakewood, CO 80215 | www.colorado.gov/publicsafety
Jared Polis, Governor | Stan Hilkey, Executive Director
Jeni Arndt
Mayor
City of Fort Collins, City Hall
300 LaPorte Avenue, PO Box 580
Fort Collins, CO 80522
December 23, 2024 23BRIC25-FTCO
We are pleased to inform you that the Colorado Department of Public Safety, Division of Homeland
Security and Emergency Management (DHSEM) has received approval for the City of Fort Collins’
application for funding pursuant to the Building Resilient Infrastructure and Communities (BRIC) 2025
Program (“Program”) in the amount of $644,072.00 ($398,431.00 Federal Funding, $245,641.00 Local
Match). This letter authorizes you to proceed with the approved application projects (“Project”) in
accordance with the terms of this Grant Award Letter.
Attached to this letter are the terms and conditions of your Grant. Please review these terms and
conditions as they are requirements of this Grant to which you, the Grantee, agree by accepting the
Grant Funds.
If you have questions regarding this Grant, please contact: Matt West at either
Matthew.West@state.co.us or (303) 913-2948.
Sincerely,
Mark Thompson
State Hazard Mitigation Officer
Colorado Department of Public Safety
Division of Homeland Security and Emergency Management
CC: Matthew West, Mitigation Planning Supervisor
Grant File
EXHIBIT A TO RESOLUTION 2025-049
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BRIC 2023
Encumbrance #: 23BRIC25-FTCO Page 1 Version 12.2024
State of Colorado Intergovernmental Grant Agreement
Cover Page
State Agency
Department of Public Safety, Division of
Homeland Security and Emergency Management
Grantee
City of Fort Collins
Grantee UEI
VEJ3BS5GK5G1
Agreement Number
23BRIC25-FTCO
Grant Issuance Date
October 24, 2024
Grant Expiration Date
May 31, 2027
Grant Amount
$398,431.00
Local Match Amount
$245,641.00
Federal Award Information
Federal Award ID # (FAIN)
EMD-2023-BR-002
Federal Award Date
October 24, 2024
Federal Awarding Agency
DHS / FEMA
Assistance Listing (CFDA)
97.047
Building Resilient Infrastructure and Communities (BRIC)
Identification if the Award is for R&D:
No
Grant Authority
A.Federal Authority to enter into this Grant exists in Section 203(i) of the Stafford Act, as
amended (Pub. L. No. 93-288) (42 U.S.C. § 5133) and Infrastructure Investment and Jobs
Act (Pub. L. No. 117-58) (2021);
B.State Authority: to enter this Grant exists in CRS §24-1-128.6.
Grant Purpose
To help the City of Fort Collins develop a Nature-Based Solutions Plan and Stormwater Park Concept
Plan.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
A.Exhibit A, Statement of Work.
B.Exhibit B, Sample Option Letter.
C.Exhibit C, Budget.
D.Exhibit D, Federal Provisions.
E.Exhibit E, PII Certification.
F.Exhibit F, HIPAA BAA.
In the event of a conflict of 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:
A.Exhibit F, HIPAA BAA.
B.Exhibit D, Federal Provisions.
C.Colorado Special Provisions in §17 of the main body of this Agreement.
D.The provisions of the other sections of the main body of this Agreement.
E.Exhibit A, Statement of Work.
F.Exhibit E, PII Certification.
G.Exhibit B, Sample Option Letter.
H.Exhibit C, Budget.
Principal Representatives
For the State:
Matthew West, Mitigation Planning Supervisor
Department of Public Safety, Division of
Homeland Security & Emergency Management
9195 East Mineral Avenue, Suite 200
Centennial, CO 80112
matthew.west@state.co.us
For Grantee:
Kirk Longstein, Senior Environmental Planner
City of Fort Collins, Community Development
and Neighborhood Services
281 North College Avenue
Fort Collins, CO 80524
klongstein@fcgov.com
EXHIBIT A TO RESOLUTION 2025-049
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Signature Page
The Signatories Listed Below Authorize this Grant
Grantee
City of Fort Collins
Jeni Arndt, Mayor
By: Jeni Arndt, Mayor
Date: __________________
Approved as to Form
By: City of Fort Collins Attorney’s Office
Representative
Date: __________________
Attested
By: Delynn Coldiron, City Clerk
Date: __________________
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Safety,
Division of Homeland Security and Emergency
Management Stan Hilkey, Executive Director
By: Kevin R. Klein, Director , DHSEM,
or DHSEM Director Delegate
Date: __________________
In accordance with §24-30-202, C.R.S., this
Agreement is not valid until signed and dated
below by the State Controller or an authorized
delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Colorado Department of Public Safety
Colorado Department of Public Safety,
or CDPS Controller Delegate
Date: __________________
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Table of Contents
Cover Page ................................................................................................................................. 1
Signature Page ............................................................................................................................ 2
1.Grant ............................................................................................................................... 4
2.Term ............................................................................................................................... 4
3.Definitions ....................................................................................................................... 5
4.Statement of Work ........................................................................................................... 9
5.Payments to Grantee ........................................................................................................ 9
6.Reporting - Notification ................................................................................................... 11
7.Grantee Records ............................................................................................................. 11
8.Confidential Information-State Records ............................................................................ 12
9.Conflicts of Interest ........................................................................................................ 15
10.Insurance ...................................................................................................................... 15
11.Breach of Agreement ...................................................................................................... 15
12.Remedies ....................................................................................................................... 15
13.Dispute Resolution .......................................................................................................... 18
14.Notices and Representatives ............................................................................................ 18
15.Rights in Work Product and Other Information .................................................................. 19
16.Governmental Immunity .................................................................................................. 19
17.General Provisions .......................................................................................................... 19
18.Colorado Special Provisions (Colorado Fiscal Rule 3-3) ....................................................... 22
Exhibit A, Statement of Work ............................................................................................. 1
Exhibit B, Sample Option Letter ......................................................................................... 1
Exhibit C, Budget .............................................................................................................. 1
Exhibit D, Federal Provisions .............................................................................................. 1
Exhibit E, PII Certification .................................................................................................. 1
Exhibit F, HIPAA Business Associate Agreement .................................................................. 1
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1.Grant
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award
Letter (the “State”) hereby obligates and awards to Grantee shown on the first page of this
Grant Award Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first
page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award
Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2.Term
A.Initial Grant Term and Extension
The Parties’ respective performances under this Grant Award Letter shall commence on
the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter.
Upon request of Grantee, the State may, in its sole discretion, extend the term of this
Grant Award Letter by providing Grantee with an updated Grant Award Letter showing the
new Grant Expiration Date. If the Work will be performed in multiple phases, the period of
performance start and end date of each phase is detailed under the Project Schedule in
Exhibit A.
B.Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State
of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant
Award Letter ceases to further the public interest of the State or if State, Federal or other
funds used for this Grant Award Letter are not appropriated, or otherwise become
unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this
Grant Award Letter in whole or in part by providing written notice to Grantee that includes,
to the extent practicable, the public interest justification for the termination. If the State
terminates this Grant Award Letter in the public interest, the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this Grant
Award Letter that corresponds to the percentage of Work satisfactorily completed, as
determined by the State, less payments previously made. Additionally, the State, in its
discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not
otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are
directly attributable to the uncompleted portion of Grantee’s obligations, provided that the
sum of any and all reimbursements shall not exceed the maximum amount payable to
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Grantee hereunder. This subsection shall not apply to a termination of this Grant Award
Letter 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.
3.Definitions
The following terms shall be construed and interpreted as follows:
A.“Agreement” means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any
future modifications thereto.
B.“Award” means an award by a 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 Award
unless the terms and conditions of the Federal Award specifically indicate otherwise.
C.“Breach of Agreement” means the failure of a Party to perform any of its obligations in
accordance with this Agreement, in whole or in part or in a timely or satisfactory manner.
The institution of proceedings under any bankruptcy, insolvency, reorganization or similar
law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee
or any of its property, which is not vacated or fully stayed within 30 days after the
institution of such proceeding, shall also constitute a breach. If Grantee is debarred or
suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then
such debarment or suspension shall constitute a breach.
D.“Budget” means the budget for the Work described in Exhibit C.
E.“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.
F. “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
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of Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302 C.R.S.
G.“CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
H.“Cost Sharing” means a portion of project costs not paid under this Subaward. This
includes match which refers to required levels of cost share that must be provided (2 CFR
200.306.
I.“Exhibits” exhibits and attachments included with this Grant as shown on the first page of
this Grant.
J.“Extension Term” means the period of time by which the Grant Expiration Date is
extended by the State through delivery of an updated Grant Award Letter.
K.“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.
L.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient. The Federal Emergency Management Agency (FEMA) is the Federal Awarding
Agency for the Federal Award which is the subject of this Grant.
M.“Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired,
produced, or delivered by Grantee in connection with the Services.
N.“Grant Award Letter” means this letter which offers Grant Funds to Grantee, including
all attached Exhibits, all documents incorporated by reference, all referenced statutes,
rules and cited authorities, and any future updates thereto.
O.“Grant Funds” means the funds that have been appropriated, designated, encumbered,
or otherwise made available for payment by the State under this Grant Award Letter.
P.“Grant Expiration Date” means the Grant Expiration Date shown on the first page of
this Grant Award Letter.
Q.“Grant Issuance Date” means the Grant Issuance Date shown on the first page of this
Grant Award Letter.
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R.“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.
S.“Initial Term” means the time period between the Grant Issuance Date and the Grant
Expiration Date.
T.“Party” means the State or Grantee, and “Parties” means both the State and Grantee.
U.“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.
V.“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.
W. “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.
X.“Recipient” means the State Agency shown on the first page of this Grant Award Letter,
for the purposes of the Federal Award.
Y. “Services” means the services to be performed by Grantee as set forth in this Grant
Award Letter, and shall include any services to be rendered by Grantee in connection with
the Goods.
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Z. “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 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.
AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
BB. “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.
CC. “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.
DD. “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.
EE. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance
of the Work. “Subcontractor” also includes sub-grantees.
FF. “Subrecipient” means an entity that receives a Sub-Award from a pass-through entity to
carry out part of a Federal award., The term subrecipient does not a beneficiary or
participant. 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.
GG. “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
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Information includes, but is not limited to all information defined as Federal tax
information in Internal Revenue Service Publication 1075.
HH. “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 the Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
II.“Work” means the delivery of the Goods and performance of the Services described in
this Grant Award Letter.
JJ. “Work Product” means the tangible and intangible results of the Work, whether finished
or unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications, plans,
notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work.
“Work Product” does not include any material that was developed prior to the Grant
Issuance Date that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit.
4.Statement of Work
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set
forth in this Grant Award Letter.
5.Payments to Grantee
A.Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount
for each State Fiscal Year shown on the first page of this Grant Award Letter. Financial
obligations of the State payable after the current State Fiscal Year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available. The
State shall not be liable to pay or reimburse Grantee for any Work performed or expense
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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 Grant Award
Letter and described in Exhibit A (the “Local Match Amount”). Grantee’s obligation to pay
all or part of any matching funds, whether direct or contingent, only extends to funds duly
and lawfully appropriated for the purpose of this Agreement by the authorized
representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee shall
appropriate and allocate all Local Match Amounts to the purpose of this Grant Award
Letter each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does
not by accepting this Grant Award Letter irrevocably pledge present cash reserves for
payments in future fiscal years, and this Grant Award Letter is not intended to create a
multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed
interest, late charges, fees, taxes or penalties of any nature, except as required by
Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
Upon prior written approval, the State shall reimburse Grantee’s allowable costs, not
exceeding the maximum total amount described in this Grant Award Letter for all allowable
costs described in this Grant Award Letter and shown in the Budget, except that Grantee
may adjust the amounts between each line item of the Budget without formal modification
to this Agreement as long as the Grantee provides notice to the State of the change, the
change does not modify the total maximum amount of this Grant Award Letter or the
maximum amount for any state fiscal year, and the change does not 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
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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 Grant Award Letter 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.
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 three years following the completion of the close out
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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 Grant Award
Letter 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 publicly
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not, without prior written approval of the State, use for Grantee’s own
benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any
third party for its benefit or to the detriment of the State, any State Records, except as
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otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all
State Confidential Information in accordance with all policies promulgated by the Colorado
Office of Information Security and all applicable laws, rules, policies, publications, and
guidelines. If Grantee or any of its Subcontractors will or may receive the following types
of data, Grantee or its Subcontractors shall provide for the security of such data according
to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax
Information and in accordance with the Safeguarding Requirements for Federal Tax
Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently
updated PCI Data Security Standard from the PCI Security Standards Council for all PCI,
(iii)the most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the
federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA
Business Associate Agreement attached to this Grant, if applicable. Grantee shall
immediately forward any request or demand for State Records to the State’s principal
representative.
B.Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors
as necessary to perform the Work, but shall restrict access to State Confidential
Information to those agents, employees, assigns and Subcontractors who require access
to perform their obligations under this Grant Award Letter. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure
agreements are in force at all times the agent, employee, assign or Subcontractor has
access to any State Confidential Information. Grantee shall provide copies of those signed
nondisclosure restrictions to the State upon request.
C.Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State
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Records provided to Grantee or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Grantee is prevented by law or regulation from
returning or destroying State Confidential Information, Grantee warrants it will guarantee
the confidentiality of, and cease to use, such State Confidential Information.
D.Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. After an Incident, Grantee shall take steps to
reduce the risk of incurring a similar type of Incident in the future as directed by the State,
which may include, but is not limited to, developing and implementing a remediation plan
that is approved by the State at no additional cost to the State.
E.Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement,
Grantee shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data
storage encryption, data transmission encryption, security inspections, and audits. Grantee
shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall
maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In
addition, as set forth in § 24-74-102, et. seq., C.R.S., Grantee, including, but not limited
to, Grantee’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 Grantee is given direct access to any
State databases containing PII, Grantee shall execute, on behalf of itself and its
employees, the certification attached hereto as Exhibit E on an annual basis Grantee’s duty
and obligation to certify as set forth in Exhibit E shall continue as long as Grantee has
direct access to any State databases containing PII. If Grantee uses any Subcontractors to
perform services requiring direct access to State databases containing PII, 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 PII.
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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.Breach of Agreement
In the event of a breach of agreement, the aggrieved party shall give written notice of breach of
agreement to the other party. If the notified party does not cure the breach, at its sole expense,
within 30 days after the delivery of written notice, the party may exercise any of the remedies
as described in §12 for that party. Notwithstanding any provision of this agreement to the
contrary, the state, in its discretion, need not provide notice or a cure period and may
immediately terminate this agreement in whole or in part or institute any other remedy in this
agreement in order to protect the public interest of the state; or if grantee is debarred or
suspended under §24-109-105, C.R.S., the state, in its discretion, need not provide notice or
cure period and may terminate this agreement in whole or in part or institute any other remedy
in this agreement as of the date that the debarment or suspension takes effect.
12.Remedies
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A.State’s Remedies
In addition to any remedies available under any exhibit to this grant agreement, if grantee
is in breach under any provision of this agreement and fails to cure such breach, the state,
following the notice and cure period set forth in §11, shall have all of the remedies listed in
this section in addition to all other remedies set forth in this agreement or at law. The
state may exercise any or all of the remedies available to it, in its discretion, concurrently
or consecutively.
I.Termination for Breach
In the event of grantee’s uncured breach, the state may terminate this entire
agreement or any part of this agreement. Additionally, if grantee fails to comply with
any terms of the federal award, then the state may, in its discretion or at the direction
of a federal awarding agency, terminate this entire agreement or any part of this
agreement. Grantee shall continue performance of this agreement to the extent not
terminated, if any.
The State may also terminate this 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.
a.Obligation and Rights
To the extent specified in any termination notice, Grantee shall not incur
further obligations or render further performance past the effective date of
such notice, and shall terminate outstanding orders and subcontracts with third
parties. However, Grantee shall complete and deliver to the State all Work not
cancelled by the termination notice, and may incur obligations as necessary to
do so within this Agreement’s terms. At the request of the State, Grantee shall
assign to the State all of Grantee’s rights, title, and interest in and to such
terminated orders or subcontracts. Upon termination, Grantee shall take timely,
reasonable and necessary action to protect and preserve property in the
possession of Grantee but in which the State has an interest. At the State’s
request, Grantee shall return materials owned by the State in Grantee’s
possession at the time of any termination. Grantee shall deliver all completed
Work Product and all Work Product that was in the process of completion to the
State at the State’s request.
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b.Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for
accepted Work received as of the date of termination. If, after termination by
the State, the State agrees that Grantee was not in breach or that Grantee’s
action or inaction was excusable, such termination shall be treated as a
termination in the public interest, and the rights and obligations of the Parties
shall be as if this Agreement had been terminated in the public interest under
§2.B.
c.Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain
liable to the State for any damages sustained by the State in connection with
any breach by Grantee, and the State may withhold payment to Grantee for the
purpose of mitigating the State’s damages until such time as the exact amount
of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due Grantee as the State deems necessary
to protect the State against loss including, without limitation, loss as a result of
outstanding liens and excess costs incurred by the State in procuring from third
parties replacement Work as cover.
II.Remedies Not Involving Termination
a.Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Grantee to
an adjustment in price or cost or an adjustment in the performance schedule.
Grantee shall promptly cease performing Work and incurring costs in
accordance with the State’s directive, and the State shall not be liable for costs
incurred by Grantee after the suspension of performance.
b.Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c.Deny Payment
Deny payment for Work not performed, or that due to Grantee’s actions or
inactions, cannot be performed or if they were performed are reasonably of no
value to the state; provided, that any denial of payment shall be equal to the
value of the obligations not performed.
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d.Removal
Demand immediate removal of any of grantee’s employees, agents, or
subcontractors from the work whom the state deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued
relation to this agreement is deemed by the state to be contrary to the public
interest or the state’s best interest.
e.Intellectual Property
If any work infringes, or if the state in its sole discretion determines that any
work is likely to infringe, a patent, copyright, trademark, trade secret or other
intellectual property right, grantee shall, as approved by the state (i) secure
that right to use such work for the state and grantee; (ii) replace the work with
non-infringing work or modify the work so that it becomes non-infringing; or,
(iii)remove any infringing work and refund the amount paid for such work to
the state
f.Collection of Unallowable Costs (2 CFR 200.410)
Payments made for costs determined to be unallowable by either the awarding
Federal agency, cognizant agency for indirect costs, or pass-through entity
must be refunded with interest to the Federal Government. Unless directed by
Federal statue or regulation, repayments must be made in accordance with the
instructions provided by the Federal agency or pass-through entity that made
the allowability determination. See §§ 200.300 through 200.309, and §
200.346.
B.Grantee’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Grantee, following the notice and cure period in §11 and the dispute resolution process in
§13 shall have all remedies available at law and equity.
13.Dispute Resolution
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 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.
14.Notices and Representatives
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Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be
given under this Grant Award Letter shall be in writing, and shall be delivered either in hard
copy or by email to the representative of the other Party. Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §13.
15.Rights in Work Product and Other Information
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license,
with the right to sublicense, to make, use, reproduce, distribute, perform, display, create
derivatives of and otherwise exploit all intellectual property created by Grantee or any
Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to
this Grant.
16.Governmental Immunity
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C.
1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or
condition of this Contract shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, contained in these
statutes.
17.General Provisions
A.Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred
or assigned without the prior, written consent of the State. Any attempt at assignment or
transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights
and obligations approved by the State shall be subject to the provisions of this Grant
Award Letter.
B.Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions. All references in this
Grant Award Letter to sections (whether spelled out or using the § symbol), subsections,
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exhibits or other attachments, are references to sections, subsections, exhibits or other
attachments contained herein or incorporated as a part hereof, unless otherwise noted.
C.Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to
the Work, oral or written, are merged into this Grant Award Letter.
D.Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following
receipt of the updated letter. The Parties may also agree to modification of the terms and
conditions of the Grant in a formal amendment to this Grant, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
E.Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as
may have been changed or amended since the Grant Issuance Date. Grantee shall strictly
comply with all applicable Federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F.Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to
use digital signatures within the electronic system through which that signatory signed
shall be incorporated into this Contract by reference.
G.Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not
affect the validity or enforceability of any other provision of this Grant Award Letter, which
shall remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H.Survival of Certain Grant Award Letter Terms
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Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the
Grant and shall be enforceable by the other Party.
I.Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant
Award Letter does not and is not intended to confer any rights or remedies upon any
person or entity other than the Parties. Any services or benefits which third parties receive
as a result of this Grant are incidental to the Grant, and do not create any rights for such
third parties.
J.Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant
Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver,
nor shall any single or partial exercise of any right, power, or privilege preclude any other
or further exercise of such right, power, or privilege.
K.Accessibility
i.Grantee shall comply with and the Work Product provided under this Contract shall
be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by 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.
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.
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18.Colorado Special Provisions (Colorado Fiscal Rule 3-3)
A.Statutory Approval. §24-30-202(1) C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Contract is for a Major Information Technology Project, as defined in
§24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B.Fund Availability. §24-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C.Governmental Immunity.
Liability for claims for injuries to persons or property arising from the negligence of the
Parties, its departments, boards, commissions committees, bureaus, offices, employees
and officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the Parties’ risk management statutes, §§24-30-1501,
et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D.Independent Contractor.
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
taxes and local head taxes incurred pursuant to this Contract. 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.
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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 Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Contract shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of
Denver.
G.Prohibited Terms.
Any term included in this Contract that requires the State to indemnify or hold 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 Contract shall
be construed as a waiver of any provision of §24-106-109 C.R.S.
H.Software Piracy Prohibition.
State or other public funds payable under this Contract shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants
that, during the term of this Contract 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 Contract, including, without
limitation, immediate termination of this Contract and any remedy consistent with federal
copyright laws or applicable licensing restrictions.
I.Employee Financial Interest/Conflict of Interest. §§24-18-201 and 24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal
or beneficial interest whatsoever in the service or property described in this Contract.
Grantee has no interest and shall not acquire any interest, direct or indirect, that would
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conflict in any manner or degree with the performance of Grantee’s services and Grantee
shall not employ any person having such known interests.
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Exhibit A, Statement of Work
1. General Description of the Project(s).
1.1 Project Description. Grantee will hire a contractor to help develop a Nature-Based
Solutions Master Plan and a Stormwater Park Concept Plan.
1.2 Project Expenses. Project expenses include the costs to hire the contractor to complete
the project as described in §1.1 of this Exhibit A. All eligible expenses are listed in the
budget table in Exhibit C.
1.3 Non-Federal Match: This non-federal match section does apply to this Grant. If applicable
the match may include in-kind match. If it applies, this Grant requires a non-federal match
contribution of 38% of the total Grant budget. Documentation of expenditures for the non-
federal match contribution is required with each drawdown request.
2. Principal Representatives:
For the State:
Matthew West, Mitigation Planning Supervisor
Department of Public Safety, Division of Homeland
Security & Emergency Management
9195 East Mineral Avenue, Suite 200
Centennial, CO 80112
Matthew.West@state.co.us
For Grantee:
Kirk Longstein, Senior Environmental Planner
City of Fort Collins, Community Development
and Neighborhood Services
281 North College Avenue
Fort Collins, CO 80524
klongstein@fcgov.com
3. Administrative Requirements:
3.1 The Grantee must request approval in advance for any change to this Grant Agreement,
using the forms and procedures established by the Department of Public Safety’s Division of
Homeland Security and Emergency Management (DHSEM).
3.2 Required Documentation: Grantees shall retain all procurement and payment
documentation on site for inspection. This shall include, but not be limited to, purchase
orders, receiving documents, invoices, vouchers, equipment/services identification, and time
and effort reports.
Sufficient detail shall be provided with reimbursement requests to demonstrate that
expenses are allowable and appropriate as detailed below:
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Exhibit A, Statement of Work (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 2 Exhibit A
3.2.1 Equipment or tangible goods. When requesting reimbursement for equipment
items with a purchase price of or exceeding $10,000, and a useful life of more than
one year, the Grantee shall provide a unique identifying number for the equipment,
with a copy of the Grantee’s invoice and proof of payment. The unique identifying
number can be the manufacturer’s serial number or, if the Grantee has its own
existing inventory numbering system, that number may be used. The location of the
equipment shall also be provided. In addition to ongoing tracking requirements,
Grantee shall ensure that equipment items with per unit cost of $10,000 or more are
prominently marked in a manner similar to the following:
.
3.2.2 Services. Grantees shall include contract/purchase order number(s) or employee
names, the date(s) the services were provided and the nature of the services.
3.3 Non-Supplanting Requirement: Grantees receiving federal financial assistance awards
made under programs that prohibit supplanting by law must ensure that federal funds do
not replace (supplant) funds that have been budgeted for the same purpose through non-
federal sources.
3.4 Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state,
and federal requirements. Grantees should refer to local, state, and federal guidance prior to
making decisions regarding competitive bids, sole source or other procurement issues. In
addition:
3.4.1 Any sole source transaction shall be approved in advance by the DHSEM.
3.4.2 Grantees shall ensure that: (a) All procurement transactions, whether negotiated or
competitively bid, and without regard to dollar value, are conducted in a manner that
provides maximum open and free competition; (b) Grantee shall be alert to
organizational conflicts of interest and/or non-competitive practices among
contractors that may restrict or eliminate competition or otherwise restrain trade; (c)
Contractors who develop or draft specifications, requirements, statements of work,
and/or Requests for Proposals (RFPs) for a proposed procurement shall be excluded
from bidding or submitting a proposal to compete for the award of such
procurement; and (d) Any request for exemption of item a-c within this subsection
shall be submitted in writing to, and be approved by the authorized Grantee official.
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Exhibit A, Statement of Work (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 3 Exhibit A
3.4.3 Grantee shall verify Contractor(s) is/are not debarred from participation in state and
federal programs by reviewing contractor debarment information on
http://www.sam.gov.
3.4.4 When issuing requests for proposals, bid solicitations, and other published
documents describing projects or programs funded in whole or in part with these
grant funds, Grantee and Subgrantees shall use the following phrase in the request
listing:
“This project was supported by grant #23BRIC25-FTCO, issued by the Colorado
Division of Homeland Security and Emergency Management.”
3.4.5 Grantee shall ensure that no rights or duties exercised under this grant, or
equipment purchased with Grant Funds having a purchase value of $10,000 or more,
are assigned without the prior written consent of the DHSEM.
3.5 Additional Administrative Requirements:
3.5.1 All of the instructions, guidance, limitations, terms and conditions, scope of work,
and other conditions set forth in the Notice of Funding Opportunity (NOFO) and the
Notice of Award (NOA) for this federal award are incorporated by reference. See
also DHS Standard Terms and Conditions.
3.5.2 Grantees of FEMA financial assistance for programs that are subject to the Build
America, Buy America Act (BABAA) must include a Buy America preference contract
provision as noted in 2 C.F.R. § 184.4 and a self-certification as required by the
FEMA Buy America Preference in FEMA Financial Assistance Programs for
Infrastructure (FEMA Interim Policy #207-22-0001). This requirement applies to all
subawards, contracts, and purchase orders for work performed or products supplied
under the FEMA award subject to BABAA.
3.5.3 Grantee shall ensure all purchases are listed or referenced in §1 or §3 of this Exhibit
A. Equipment purchases, if any, shall be for items listed in the Approved Equipment
List (A.E.L) during the grant period. Additionally, any funds used to support
emergency communications activities should comply with the FY SAFECOM Guidance
on Emergency Communication Grants.
3.5.4 Environmental Planning and Historic Preservation (EHP) Review: DHS/FEMA
funded activities that may require an EHP review are subject to the FEMA
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Item 8.
Exhibit A, Statement of Work (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 4 Exhibit A
Environmental Planning and Historic Preservation (EHP) review process. This review
does not address all federal, state, and local requirements. Acceptance of federal
funding requires recipient to comply with all federal, state, and local laws.
DHS/FEMA is required to consider the potential impacts to natural and cultural
resources of all projects funded by DHS/FEMA grant funds, through its EHP Review
process, as mandated by the National Environmental Policy Act; National Historic
Preservation Act of 1966, as amended; National Flood Insurance Program
regulations; and, any other applicable laws and Executive Orders. Click this link to
access the FEMA EHP screening form and instructions.
In order to initiate EHP review of the project(s) requires completion of all relevant
sections of the EHP form and submit it to DHSEM, along with all other pertinent
project information. The EHP review process must be completed and approved by
DHS/FEMA before funds are released to carry out the proposed project; otherwise,
DHS/FEMA and DHSEM may not be able to fund the project due to noncompliance
with EHP laws, executive order, regulations, and policies.
If ground disturbing activities occur during construction, Grantee will monitor ground
disturbance, and if any potential archeological resources are discovered, Grantee will
immediately cease work in that area and notify DHSEM, which will immediately notify
DHS/FEMA for further action.
3.5.5 All applicant agencies that own resources that could deploy must be on a Colorado
Resource Rate Form in WebEOC.
3.5.6 Regardless of exercise type or scope, After Action Reports/Improvement Plans are
due to the State Training and Exercise Program Manager within 45 days of the
exercise. All funding related to exercises must be managed and executed in
accordance with the Homeland Security Exercise and Evaluation Program (HSEEP),
and must be National Incident Management System (NIMS) compliant.
4.Reporting Requirements:
4.1 Quarterly Progress Reports. The project(s) approved in this Grant are to be completed
on or before the termination date stated on the agreement’s Grant Award Letter of this
grant agreement. Grantee shall submit quarterly progress reports for each project identified
in this agreement using the format provided by the Department of Public Safety’s Division of
Homeland Security and Emergency Management (DHSEM) throughout the life of the grant.
EXHIBIT A TO RESOLUTION 2025-049
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Item 8.
Exhibit A, Statement of Work (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 5 Exhibit A
Grantee shall submit narrative and financial reports describing project progress and
accomplishments, and/or any delays in meeting project objectives and expenditures, to date
as described in §4 of this Exhibit A.
Reports shall be submitted in accordance with the schedule table below. The order of the
reporting period quarters below is irrelevant to the grant. Reports for the respective period
are due on or before the due dates listed below if the grant is open during the “report
period” time, and for every quarter that the grant remains open.
Report Period Due Date
January, February, March due April 15th
April, May, June due July 15th
July, August, September due October 15th
October, November, December due January 15th
4.2 Final Reports: Grantee shall submit final progress reports that provide final financial
reconciliation and final cumulative grant/project accomplishments within 45 days of the end
of the project/grant period of performance. The final report may not include unliquidated
obligations and must indicate the exact balance of unobligated funds. The final reports may
substitute for the quarterly reports for the final quarter of the grant period.
If all projects are completed before the end of the grant period, the final report may be
submitted at any time during the period of performance. Further reports are not due after
the DHSEM has received, and sent notice of acceptance, of the final grant report.
5.Payment:
5.1 Payment Schedule: Grantee shall submit requests for reimbursement using the DHSEM’s
provided form, submission preference, and quarterly at minimum. One original or
electronically signed/submitted copy of the reimbursement request is due on the same dates
as the required progress reports outlined in §4.1 of this Exhibit A.
All requests shall be for eligible actual expenses incurred by Grantee, and as described in
detail in the budget table(s) of Exhibit B. Requests shall be accompanied by supporting
documentation totaling at least the amount requested for reimbursement and any required
non-federal match contribution as outlined in §3.2 of this Exhibit A.
If any progress reports are delinquent at the time of a payment request, the DHSEM may
withhold such reimbursement until the required reports have been submitted.
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Item 8.
Exhibit A, Statement of Work (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 6 Exhibit A
5.2 Payment Amount: If non-federal match is required, such match shall be documented with
every payment request. Excess match documented and submitted with one reimbursement
request shall be applied to subsequent requests as necessary to maximize the allowable
reimbursement.
5.3 Payment Returns. Any grant funds from this award not expended by the Agreement
Expiration Date, or deemed ineligible under the grant program, must be returned to the
State within 10 days of the Agreement Expiration Date, or notification from the DHSEM of
ineligibility. Such grant funds returned to the State must be via check repayment issued to
‘Colorado Department of Public Safety’ with a memo line stating ‘refund for [encumbrance
number*]’ and remit to:
Colorado Department of Public Safety
Attn: EDO Accountant
700 Kipling Street, Suite 4000
Lakewood, CO 80215
*Encumbrance number for this award is found at the bottom of each page of the SOW
6.Testing and Acceptance Criteria:
The DHSEM shall evaluate Project(s) through the review of Grantee submitted financial and
progress reports, and may also conduct on-site monitoring to determine whether the Grantee is
meeting/has met the performance goals, administrative standards, financial management, and
other requirements of this grant. The DHSEM will notify Grantee in advance of such on-site
monitoring.
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Item 8.
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 1 of 1 Exhibit B
Exhibit B, Sample Option Letter
State of Colorado Agreement Modification
Option Letter
State Agency
Insert Department's or IHE's Full Legal Name
Grantee
Insert Agreementor's Full Legal Name
Original Agreement Number
Insert Encumbrance Number
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Agreement Performance Beginning Date
Month Day, Year
Current Agreement Expiration Date
Month Day, Year
Current Agreement Maximum Amount
$0.00
Current Agreement Match Amount
$0.00
1. Options:
A. Option to extend for an Extension Term
B. Option to modify Agreement rates
C. Option to initiate next phase of the Agreement
2. 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 Option 1(B)
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.
C. For use with Option 1(C)
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.
D. 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.
3. Option Effective Date:
The effective date of this Option Letter is upon approval of the State Controller.
State of Colorado
Jared S. Polis, Governor
Department of Public Safety, Division of Homeland
Security and Emergency Management
Stan Hilkey, Executive Director
By: Kevin R. Klein, Director, DHSEM,
or DHSEM Director Delegate
Date: __________________
In accordance with §24-30-202, C.R.S., this Option
is not valid until signed and dated above by the
State Controller or an authorized delegate
State Controller
Robert Jaros, CPA, MBA, JD
By: Robert Jaros, CPA, MBA, JD
or State Controller Delegate
Option Effective Date: __________________.
EXHIBIT A TO RESOLUTION 2025-049
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Item 8.
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 1 of 1 Exhibit C
Exhibit C, Budget
Budget:
The following budget table contains amounts for the categories and/or project activities for this grant
award.
Contractual (Surveying and Engineering) $ 370,000.00 $ 0.00 $ 370,000.00
Personnel (City Staff) $ 0.00 $ 245,641.00 $ 245,641.00
Rental Costs and Contingency $ 9,458.00 $ 0.00 $ 9,458.00
Management & Admin $ 18,973.00 $ 0.00 $ 18,973.00
Total Budget $ 398,431.00 $ 245,641.00 $ 644,072.00
Total Award Amount $ 398,431.00
EXHIBIT A TO RESOLUTION 2025-049
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Item 8.
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 1 of 10 Exhibit D
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.
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. For a full list of definitions (as of October 1, 2024)
under the Uniform Guidance, see 2 CFR 200.1.
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 non-profit organization or for-profit organization.
2.1.3. “Executive” means an officer, managing partner or any other employee in a
management position.
2.1.4. “Federal Awarding Agency” means a Federal agency providing a Federal Award
to a Recipient as described in 2 CFR 200.1
2.1.5. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.6. “Grantee” means the party or parties identified as such in the Grant to which
these Federal Provisions are attached. Grantee also means Subrecipient.
2.1.7. “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.
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Exhibit D, Federal Provisions (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 2 of 10 Exhibit D
2.1.8. “Nonprofit Organization” organization that:
2.1.8.1. Is operated primarily for scientific, educational, service, charitable,
or similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the
organization’s operations; and
2.1.8.4. Is not an IHE.
2.1.9. “OMB” means the Executive Office of the President, Office of Management and
Budget.
2.1.10. “Pass-through Entity” means a recipient or subrecipient that provides a
Subaward to a Subrecipient (including lower tier subrecipients) to carry out part
of a Federal program. The authority of the pass-through entity under this part
flows through the Subaward agreements between the pass-through entity and
subrecipient.
2.1.11. “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.
2.1.12. “Subaward” means an award provided by a pass-through entity to a
Subrecipient to contribute to the goals and objectives of the project by carrying
out part of a Federal award received by the pass-through entity. The term does
not include payments to a contractor, beneficiary or participant.
2.1.13. “Subrecipient” means an entity that receives a subaward from a pass-through
entity to carry out part of a Federal award. The term subrecipient does not
include a beneficiary or participant. A subrecipient may also be a recipient of
other Federal awards directly from a Federal agency. Subrecipient also means
Grantee.
2.1.14. “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.
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Item 8.
Exhibit D, Federal Provisions (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 3 of 10 Exhibit D
2.1.15. “Total Compensation” means the cash and noncash dollar value an Executive
earns during the entity’s preceding fiscal year. This includes all items of
compensation as prescribed in 17 CFR 229.402(c)(2).
2.1.16. “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.
2.1.17. “Unique Entity ID (UEI)” is the universal identifier for federal financial
assistance applicants, as well as recipients and their direct subrecipients (first
tier subrecipients).
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.
3.Compliance.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable 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
Subrecipient of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
4.System for Award Management (SAM) and UNIQUE ENTITY ID (UEI) Requirements.
4.1. SAM. Subrecipient must obtain a UEI but are not required to fully register in SAM.gov.
Subrecipient shall maintain the currency of its information in SAM until the Subrecipient
submits the final financial report required under the Award or receives final payment,
whichever is later. Subrecipient shall review and update SAM information at least
annually after the initial registration, and more frequently if required by changes in its
information.
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and
shall update Subrecipient’s information at SAM.gov at least annually after the initial
registration, and more frequently if required by changes in Subrecipient’s information.
EXHIBIT A TO RESOLUTION 2025-049
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Item 8.
Exhibit D, Federal Provisions (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 4 of 10 Exhibit D
5.Total Compensation.
5.1. Subrecipient 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, Subrecipient received:
5.1.2.1. 80% or more of its annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act;
and
5.1.2.2. $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act;
and
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. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to
the Recipient as required in this Exhibit. No direct payment shall be made to
Subrecipient 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 Subrecipient’s obligations under
this Grant.
7.Effective Date and Dollar Threshold for 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
EXHIBIT A TO RESOLUTION 2025-049
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Item 8.
Exhibit D, Federal Provisions (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 5 of 10 Exhibit D
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.
7.2. The procurement standards in §9 below are applicable to new Awards made by 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. Subrecipient shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall report the following data elements in SAM for
each Federal Award Identification Number (FAIN) assigned by a Federal agency
to a Recipient no later than the end of the month following the month in which
the Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds
transfer (EFT) account;
8.1.1.3. Subrecipient parent’s organization Unique Entity ID;
8.1.1.4. Subrecipient’s address, including: Street Address, City, State,
Country, Zip + 4, and Congressional District;
8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the
criteria in §4 above are met; and
8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly
compensated Executives if the criteria in §4 above met.
8.1.2. To Recipient. A Subrecipient shall report to its Recipient, upon the effective
date of the Grant, the following data elements:
8.1.2.1. Subrecipient’s Unique Entity ID as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street
Address, City, State, Country, Zip code + 4, and Congressional
District.
EXHIBIT A TO RESOLUTION 2025-049
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Item 8.
Exhibit D, Federal Provisions (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 6 of 10 Exhibit D
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 contracts 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.
9.4. 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 contracts, grants
and cooperative agreements that are expected to exceed $50,000 during 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.
9.5. Prohibition on certain telecommunications and video surveillance equipment or services
(2 CFR 200.216). Subrecipient 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 2025-049
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Item 8.
Exhibit D, Federal Provisions (cont.)
BRIC 2023 Version 07.2024
Encumbrance #: 23BRIC25-FTCO Page 7 of 10 Exhibit D
10.Access to Records.
10.1. A Subrecipient shall permit 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 (Modification to period of
performance), 2 CFR 200.337 (Access to Records) and Subpart F-Audit Requirements of
the Uniform Guidance.
10.2. A Subrecipient must collect, transmit, and store information related to this Subaward in
open and machine-readable formats (2 CFR 200.336).
11.Single Audit Requirements.
11.1. If a Subrecipient expends $1,000,000 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.
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 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 $1,000,000 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.
EXHIBIT A TO RESOLUTION 2025-049
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Item 8.
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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 Contracts.
12.1. In addition to other provisions required by the Federal Awarding Agency or the
Recipient, Subrecipients shall include all of the following applicable provisions.
12.1.1. For agreements with Subrecipients – Include the terms in the Grant Federal
Provisions Exhibit (this exhibit).
12.1.2. For contracts with Subcontractors – Include the terms in the Contract Federal
Provisions Exhibit.
13.Certifications.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient
to submit certifications and representations required by Federal statutes or regulations
on an annual basis. 2 CFR 200.415. 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. 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 Subrecipient 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.
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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 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;
15.2.3. 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
15.2.4. By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
16.Additional Federal Requirements
16.1. Whistle Blower Protections
An employee of a subrecipient must not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing to a person or body described in
paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is
evidence of gross mismanagement of a Federal contract or grant, a gross waste of
Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
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related to a Federal contract (including the competition for or negotiation of a contract)
or grant. The subrecipient must inform their employees in writing of employee
whistleblower rights and protections under 41 U.S.C. 4712. See statutory requirements
for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10
U.S.C. 4310.
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Exhibit E, 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: ___________
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Exhibit E, 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: ___________
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Exhibit F, 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.
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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.
3.Obligations and Activities of Business Associate
a.Permitted Uses and Disclosures.
b.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.
c.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).
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d.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.
e.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
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.
f.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.
g.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.
h.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
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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.
i.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.
j.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.
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.
k.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.
l.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.
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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.
m.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.
n.Safeguard During Transmission.
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.
o.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
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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.
p.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).
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.
q.Subcontractors and Breaches.
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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.
r.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.
s.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 1.i above, for a period of six years.
4.Obligations of Covered Entity
c.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.
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d.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, 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
e. 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
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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, 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.
6.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.
7.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.
8.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.
9.Amendment
f.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
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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.
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.
c.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.
10.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
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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.
11.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.
12.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.
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Appendix to HIPPA 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:
ii.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.
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ORDINANCE NO. 076, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF FEDERAL
EMERGENCY MANAGEMENT ADMINISTRATION’S BUILDING
RESILIENT INFRASTRUCTURE AND COMMUNITIES PROGRAM
GRANT FUNDS AND AUTHORIZING TRANSFERS FOR THE
NATURE-BASED SOLUTIONS PLAN AND STORMWATER PARK
CONCEPT PLAN PROJECT
A. The purpose of this item is to enable the City to receive and expend federal
funds for the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project
(the “Project”).
B. The Project seeks to find a predictable solution for developers who wish to
overlay natural habitat protection zoning standards, nature based landscape designs and
naturalized stormwater facilities in their neighborhood developments in Fort Collins. The
purpose of this Project is to create a comprehensive master plan that integrates Nature -
Based Solutions (“NbS”) to enhance stormwater management at the neighborhood level
and protect ecologically significant features identified by the Fort Collins Land Use Code
and buffered from development.
C. The intent of the Project is to find an engineering and landscape design
solution that enhances neighborhoods in Fort Collins with a harmonious blend of nature,
fostering a sense of place, environmental stewardship, and community well-being.
Through the integration of nature-based solutions and natural habitat design standards,
staff envision increased community benefit from future development scenarios through:
Alignment of stormwater management design criteria and natural habitat buffer
zones (“NHBZs”) established by Citywide policy, codes and standards;
Added value from Utilities infrastructure and enhanced public benefit from
developer requirements; and
NbS and NHBZs provide improved water quality, stormwater runoff, and
recharge groundwater resources.
D. The Colorado Division of Homeland Security and Emergency Management,
through the Colorado Department of Public Safety (“CDPS”), awarded the City of Fort
Collins $398,431 of unanticipated revenue to develop the Project and has proposed an
intergovernmental grant agreement with the City.
E. This award is part of the Federal Emergency Management Administration’s
(“FEMA’s”) Building Resilient Infrastructure and Communities (“BRIC”) 2023 program.
The $398,431 award is federal funds. The City has a required cost share of $245,641 that
will be met through City staff time. City staff time will be used through the life of the gra nt
funded Project, from 2025 through October 23, 2027. Based on City staff time being part
of annual ongoing fund budgets, the City will use budgets as appropriated by City Council
each annual fiscal year associated with such City staff time to meet the re quired cost
share requirement of this grant.
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F. Grant and cost share funds will support development of the Project by:
Appropriating $398,431 of unanticipated revenue awarded through FEMA’s
BRIC program;
Using matching funds in the amount of $85,378 from existing 2025
appropriations in the Community Development and Neighborhood Services
operating budget in the General Fund into this grant Project for staff time;
Using matching funds in the amount of $11,841 from existing 2025
appropriations in the Stormwater Engineering operati ng budget in the
Stormwater fund into this grant Project for staff time ;
Using matching funds in the amount of $5,957 from existing 2025
appropriations in the Communications and Public Involvement operating
budget in the General Fund into this grant Project for staff time; and
Using City staff time in subsequent year 2026 by requesting Council in 2026 to
transfer the value of City staff time in 2026 from the operating (lapsing) budget
of both the General Fund and the Stormwater Fund to the non -lapsing grant
Project.
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 appropriations described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation 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.
I. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
J. The City Manager has recommended the transfer of $85,378 from the
Community Development and Neighborhood Services operating budget to the General
Fund Grant Project budget, $11,841 from the Stormwater Engineering operating budget
to the Stormwater Fund Grant Project budget, and $5,957 from the Communications and
Public Involvement operating budget to the General Fund Grant Project budget and
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determined that the purpose for which the transferred funds are to be expended remains
unchanged.
K. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant,
that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state
or private grant or the City’s expenditure of all funds received from such grant.
L. The City Council wishes to designate the appropriation herein of the CDPS
BRIC grant funds for the Nature-Based Solutions Plan and Stormwater Park Concept
Plan Project 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.
M. These appropriations benefit the public health, safety, and welfare of the
residents of Fort Collins and serve the public purposes of facilitating design, developing
predictable solutions, and improving the City’s natural habitats and landscapes and
stormwater infrastructure relating to neighborhood development.
N. City Council has specifically approved policies, work plan items, Land Use
Code updates, stormwater criteria, and priorities that this FEMA BRIC award and the
Project are in furtherance of. The Project aligns with the following Council outcome areas
and priorities:
Economic Health: Reliable infrastructure for electricity, water, wastewater and
flood protection is critical to ensure community resiliency amidst a changing
climate;
Environmental Health: Sustain the health of the Cache la Poudre River and
regional watersheds while delivering a resilient, economically responsible and
high-quality water supply for all Fort Collins residents; and
Council Priority: Protect Community Water Systems in an Integrated Way to
Ensure Resilient Water Resources and Healthy Watersheds.
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 THREE HUNDRED NINETY-EIGHT THOUSAND FOUR
HUNDRED THIRTY-ONE DOLLARS ($398,431) to be expended in the General Fund for
the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project.
Section 2. The unexpended and unencumbered appropriated amount of
EIGHTY-FIVE THOUSAND THREE HUNDRED SEVENTY-EIGHT DOLLARS ($85,378)
is authorized for transfer from the Community Development and Neighborhood Services
operating budget to the General Fund Grant Project budget and appropriated therein to
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be expended for matching funds for the Nature-Based Solutions Plan and Stormwater
Park Concept Plan Project.
Section 3. The unexpended and unencumbered appropriated amount of
ELEVEN THOUSAND EIGHT HUNDRED FORTY-ONE DOLLARS ($11,841) is
authorized for transfer from the Stormwater Engineering operating budget to the
Stormwater Fund Grant Project budget and appropriated therein to be expended for
matching funds for the Nature-Based Solutions Plan and Stormwater Park Concept Plan
Project.
Section 4. The unexpended and unencumbered appropriated amount of FIVE
THOUSAND NINE HUNDRED FIFTY-SEVEN DOLLARS ($5,957) is authorized for
transfer from the Communications and Public Involvement operating budget to the
General Fund Grant Project budget and appropriated therein to be expended for matching
funds for the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project.
Section 5. The appropriation herein for the CDPS BRIC grant funds for the
Nature-Based Solutions Plan and Stormwater Park Concept Plan Project is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant .
Introduced, considered favorably on first reading on May 6, 2025, and approved
on second reading for final passage on May 20, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Heather N. Jarvis
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Item 8.
Headline Copy Goes Here
Senior Environmental Planner
Kirk Longstein
FEMA BRIC Grant
Nature-based Solutions
Master Plan
May 6, 2025
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Item 8.
Headline Copy Goes HereEnvironmental Planning
2
Fort Collins Land Use Code Section 5.6.1
applies if any portion of a development
site is within five hundred (500) feet of an
area or feature identified as a natural
habitat or feature.
In 2024, Environmental Planning
reviewed 124 development applications
with Natural Habitats and Features.
The Natural Habitat Buffer Zone inspector
provided more than 100 visits to 32
active development sites with natural
habitats and features.
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Item 8.
Headline Copy Goes HereEnvironmental Planning: Existing Barriers + Gaps
3
•LUC 5.10.1 lacks sufficient consideration for
enhanced ecological function within landscape
treatment areas, street trees, and stormwater
facilities.
•LUC 5.6.1(D)(3) allows Utilities (e.g., Stormwater)
to be located inside the Natural Habitat Buffer
Zone but there lacks sufficient guidelines that
ensure such improvements are compatible with
natural habitat features.
•Stormwater Criteria Appendix B guidelines lack
clarity on how to enhance ecological function to
the existing (or constructed) habitat
characteristics.
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Item 8.
Headline Copy Goes HereGrant Overview
4
•FY 2023 FEMA BRIC Grant = $398,431
•Subrecipient through the State of Colorado
•City In-Kind contribution = public involvement Staff time
•Grant Agreement Period of Performance: October 2024 –October 2027
•Create a Nature-Based Solutions Master Plan + Site Scale Concept Design
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Item 8.
Headline Copy Goes HereGrant Deliverable: Create a Nature-Based Solutions Master Plan
5
•Purpose + Vision
The creation of a Nature-Based Solutions Master Plan provides a companion
framework to the stormwater design criteria that is focused on using ecological
design as a primary tool to manage flood risk.
•Goals
Community-defined environmental planning outcomes.
•Key Opportunities + Case Stories
Focus on enhancing new stormwater infrastructure, natural habitat buffer zones,
and habitat connectivity in the urban core.
•Barriers + Gaps
Identify regulatory, design, and administrative constraints limiting adoption of
nature-based solutions and where policy updates are needed.
•Technical Design Guidelines
Technical design guidelines offer practical guidance for implementing nature -based
solutions through site design, material selection, and construction techniques.
•Site Scale Concept Design
This section presents a conceptual design that integrates flood control, native
habitat restoration, and passive recreation. By applying the forthcoming Nature -
based Solution design guidelines, the concept will showcase how stormwater
infrastructure can deliver ecological function and public benefit on an actual site
within the Dry Creek drainage basin.
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Item 8.
Headline Copy Goes HereGrant Outcome: Nature-Based Solutions Master Plan
6
Evaluate gaps, identify key opportunities and provide policy
recommendations to City Council that achieve the following
outcomes:
1.Adapt existing development standards to align with urban infill and
the redevelopment of commercial centers.
2.Resolve policy conflicts between engineering design criteria and
ecological principles.
3.Improve predictability for the development review process.
4.Enhance environmental planning outcomes on developments where
Natural Habitat Buffer Zones are not present.
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Item 8.
Headline Copy Goes HereNext Steps
7
1.Request for Proposal –third-party selection
2.Public Involvement
3.City Council Status Update
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Item 8.
File Attachments for Item:
9. First Reading of Ordinance No. 077, 2025, Replacing Ordinance No. 040, 2025, and
Approving the Intergovernmental Agreement Between the City of Fort Collins and the
Fort Collins, Colorado, Downtown Development Authority Governing the Use of a Line of
Credit for the Financing of Downtown Development Authority Projects and Programs and
Delegating to the Downtown Development Authority Thereunder the Power to Incur Debt
in Relation Thereto as Authorized by State Law.
The purpose of this item is to approve an ordinance to authorize the Mayor to sign an
intergovernmental agreement between the City and Downtown Development Authority (DDA)
that will govern the processes for administering a line of credit for financing DDA projects and
programs for a six-year term from 2025 through 2030 and a maximum pre-draw limit of $5
million. This item was previously approved by Ordinance No. 040, 2025; however, the
Exhibits A, B, and C-1 to C-5 attached to and part of the intergovernmental agreement
were not included in the meeting packet on March 18, 2025, for the second reading of the
Ordinance. The only changes on this item for its approval and replacement of Ordinance
No. 040, 2025, other than updating the dates, are the inclusion of the intergovernmental
agreement attachments.
The current Line of Credit (LOC) established in 2012 and renewed in 2018 by the City on behalf
of the DDA expired at the end of 2024. The City and DDA began taking steps in early 2024 to
renew this debt instrument with First National Bank of Omaha (FNBO) for another six-year term,
as it will be needed by the DDA to execute its projects and programs beginning in budget year
2025 and continuing through 2030. The renewal of the bank authorized Line of Credit is needed
by the DDA to satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II).
On November 6, 2024, the Council Finance Committee reviewed the purpose and approach for
bringing forth a third IGA to accommodate the DDA’s authorization to use a Line of Credit and
satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II). The Council Finance Committee was
supportive of advancement of the IGA to Council.
On February 13, 2025, the DDA Board adopted Resolution 2025-02 authorizing the DDA’s
approval of the IGA and the line of credit promissory note from First National Bank of Omaha.
The IGA is now advanced to Council and pursuant to the DDA Act requires adoption by
ordinance.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Matt Robenalt, Executive Director, Downtown Development Authority
Kristy Klenk, Finance & HR Manager, Downtown Development Authority
Adam Halvorson, Sr Analyst, Treasury, City of Fort Collins
SUBJECT
First Reading of Ordinance No. 077, 2025, Replacing Ordinance No. 040, 2025, and Approving the
Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins, Colorado,
Downtown Development Authority Governing the Use of a Line of Credit for the Financing of
Downtown Development Authority Projects and Programs and Delegating to the Downtown
Development Authority Thereunder the Power to Incur Debt in Relation Thereto as Authorized by
State Law.
EXECUTIVE SUMMARY
The purpose of this item is to approve an ordinance to authorize the Mayor to sign an intergovernmental
agreement between the City and Downtown Development Authority (DDA) that will govern the processes
for administering a line of credit for financing DDA projects and programs for a six-year term from 2025
through 2030 and a maximum pre-draw limit of $5 million. This item was previously approved by
Ordinance No. 040, 2025; however, the Exhibits A, B, and C-1 to C-5 attached to and part of the
intergovernmental agreement were not included in the meeting packet on March 18, 2025, for the
second reading of the Ordinance. The only changes on this item for its approval and replacement
of Ordinance No. 040, 2025, other than updating the dates, are the inclusion of the
intergovernmental agreement attachments.
The current Line of Credit (LOC) established in 2012 and renewed in 2018 by the City on behalf of the
DDA expired at the end of 2024. The City and DDA began taking steps in early 2024 to renew this debt
instrument with First National Bank of Omaha (FNBO) for another six-year term, as it will be needed by the
DDA to execute its projects and programs beginning in budget year 2025 and continuing through 2030.
The renewal of the bank authorized Line of Credit is needed by the DDA to satisfy compliance with C.R.S.
§ 31- 25-807(3)(a)( II).
On November 6, 2024, the Council Finance Committee reviewed the purpose and approach for bringing
forth a third IGA to accommodate the DDA’s authorization to use a Line of Credit and satisfy compliance
with C.R.S. § 31- 25-807(3)(a)( II). The Council Finance Committee was supportive of advancement of the
IGA to Council.
On February 13, 2025, the DDA Board adopted Resolution 2025-02 authorizing the DDA’s approval of the
IGA and the line of credit promissory note from First National Bank of Omaha. The IGA is now advanced
to Council and pursuant to the DDA Act requires adoption by ordinance.
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Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Title 31, Article 25, part 8, Colorado Revised Statues and Chapter 2, Article IV, Division 1 of the City Code
(the “DDA Statute”) has inherent processes that require the City and the DDA to work collaboratively to
achieve the purpose of the legislation. Among these expected collaborations is the process for financing
DDA activities. In 2012, Council adopted Ordinance No. 089, 2012, and the City and DDA established a
line of credit (LOC) with First National Bank to satisfy the statutory requirement to generate proceeds from
debt to be used by the DDA to execute its projects and programs and implement the DDA’s Plan of
Development. The tax increment revenues are generated each year by the increase in property values
within the boundaries of the DDA and the DDA Statutes require that those revenues be applied towards
debt, and it is the proceeds from the debt that is technically used to fund projects and programs of the DDA.
In 2018, Council adopted Ordinance No. 066, 2018, to renew the LOC for another six-year term from 2019
to 2024 year end. This LOC expired at the end of 2024. The DDA and City began taking steps in 2024 to
renew this debt instrument with First National Bank for another six-year term, as it will be needed by the
DDA to execute its projects and programs beginning in budget year 2025.
Additionally, in 2012, Council approved Resolution 2012-081 and the DDA and City created an
intergovernmental agreement (“2012 IGA”) that established the process by which the two organizations
would:
Initiate requests for a draw from the LOC
Verify tax increment revenue cash available to repay the debt
Account for the loan proceeds released from the LOC, and
Execute repayment with tax increment within 7 days of the initial LOC draw
A second Intergovernmental Agreement Governing a Line of Credit for Financing Downtown Development
Authority Projects and Programs was approved by City Council by Resolution 2018-046 to reflect the terms
of the renewed LOC (“2018 IGA”).
What is New for 2025?
In 2023, Senate Bill 23-175 (“SB23-175”) was signed into law, amending state law to provide a new
hybridized option for meeting the statutory requirements for financing the projects and programs of
downtown development authorities. SB23-175 authorizes downtown development authorities to incur debt
to be repaid by tax increment revenues if an intergovernmental agreement is in place between the
municipality and the downtown development authority. Prior to SB23-175, the statute required that all debt
issued for the benefit of the development authority be exclusively the debt of the municipality.
Many of the downtown development authorities in Colorado use the same line of credit financing approach
as the Fort Collins DDA and City of Fort Collins. Because the approach has some steps that amount to
busy-work for municipal finance staff, there was wide support to create an option to transfer much of the
administrative burden to development authorities by allowing them to incur their own debt, pursuant to
SB23-175.
To implement the authority granted by SB23-175, the staff of the City and the DDA began discussions as
the 2018 IGA term ended on the steps necessary to establish a new line of credit. Staff also conferred with
legal counsel serving the DDA and the City, as well as the bank through which the previous line of credit
was issued, First National Bank. Based on these discussions, staff and legal counsel have drafted a third
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Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
intergovernmental agreement to clearly define the scope of authority being delegated to the DDA and to
establish the necessary procedural steps between the City, DDA and bank.
The draft 2025 intergovernmental agreement (the “2025 IGA”) and the line of credit loan promissory note
from First National Bank of Omaha were approved by the DDA Board on February 13, 2025. The 2025 IGA
has now advanced to Council for approval. This schedule for adoption is several months ahead of when
the City will receive the distribution of the 2025 tax increment revenues from the County Treasurer that
would be applied to pay off any draws from a new line of credit established pursuant to the 2025 IGA, and
this timing is supportive of the DDA's cashflow timing needs for projects it will be funding in 2025.
The purpose of this item is to correct an omission from the second reading meeting packet of Ordinance
No. 040, 2025. This Ordinance and the 2025 IGA attached hereto as Exhibit “A”, if approved, will replace
Ordinance No. 040, 2025 and the version of 2025 IGA which was attached thereto Exhibit “A”. On March
18, 2025, the version of the 2025 IGA before Council on second reading of Ordinance No. 040, 2025, was
not complete because Exhibits A, B, and C-1 to C-5 attached to and part of the 2025 IGA were not included
in the meeting packet. Other than changing the dates of action on and effective dates of this Ordinance
and the proper inclusion of Exhibits A, B, and C-1 to C-5 to the 2025 IGA, this Ordinance, the 2025 IGA
attached thereto as Exhibit “A”, and other explanatory and supporting materials (including this Agenda Item
Summary) are the same as those presented to Council for its consideration on second reading and final
passage of Ordinance No. 040, 2025 on March 18, 2025.
CITY FINANCIAL IMPACTS
When the DDA and City began using the LOC financing approach in 2012, it provided benefits and positive
impacts over the much more expensive forms of financing such as issuance of traditional revenue bonds,
certificates of participation, or private-placement financing with banks and other investors. Using the LOC
approach to finance DDA projects and programs results in a significantly shorter period of time in which
the debt incurs interest. The savings on financing costs means that more funding is available to invest
directly into projects and programs in the downtown, and less is spent on finance fees and interest
expenses.
DDA staff analyzed the savings from this approach used between 2012-2024 against that of the other forms
of traditional financing used by the City and DDA in the past. The financial savings is significant. Since
2012, the LOC total interest and financing fees for $46,758,242 of principal debt was $19,006. In contrast,
the total interest and finance fees for the City/DDA financing approach that traditionally used certificates of
participation and private placement bonds for $15,279,063 of principal debt was $3,412,065.
Other benefits and positive impacts using the LOC include:
Strong expression of fiduciary stewardship of public funds;
Recognition that investment of tax increment funds, derived from property tax assessments of
overlapping tax entities, creates positive growth in assessed value and thereby increased the value of
the property tax base for all overlapping entities. (82% of the DDA tax increment comes from tax entities
other than the City such as Larimer County and Poudre School District who benefit financially from the
DDA’s automatic share back of tax increment and the rising value of base assessed valuation in the
district);
Funding partnerships of the DDA undertaken with the City and private sector require no cost of capital
charges assessed to the projects because the DDA has found a very inexpensive method to finance
its debt used to support these partnerships; and
Every draw made on the LOC is paid off within seven (7) days, which means no effect at the end of the
calendar year on the City’s fund balance or City Annual Comprehensive Financial Report, in which the
DDA’s finances are reported.
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Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At its November 6, 2024 meeting, the Council Finance Committee was supportive of bringing the 2025 IGA
forward to accommodate the renewal of the bank authorized Line of Credit to be used by the DDA and
satisfy compliance with C.R.S. §31-25-807(3)(a)(II).
DDA Board
At its regular meeting on February 13, 2025, the DDA Board of Directors adopted Resolution 2025-02,
recommending to the Fort Collins City Council the renewal of a Line of Credit with First National Bank of
Omaha for a six (6) year period with a maximum per-draw limit of five million dollars ($5,000,000) to be
placed in the Downtown Development Authority’s Financing Activity Fund for expenditure on certain
projects and programs in accordance with the Downtown Development Authority Plan of Development and
the approval of the Intergovernmental Agreement governing the Line of Credit.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 077, 2025
2. Exhibit A to Ordinance
3. Downtown Development Authority Boundary Map
4. Downtown Development Authority Board Meeting Minutes, February 13, 2025 (excerpt)
5. Downtown Development Authority Resolution 2025-02
6. Council Finance Committee Minutes, November 6, 2024 (excerpt)
7. DDA Expenditures from 2021 to 2023 (Requested from CFC)
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Item 9.
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ORDINANCE NO. 077, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPLACING ORDINANCE NO. 040, 2025, AND
APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS AND THE FORT
COLLINS, COLORADO, DOWNTOWN DEVELOPMENT
AUTHORITY GOVERNING THE USE OF A LINE OF CREDIT FOR
THE FINANCING OF DOWNTOWN DEVELOPMENT AUTHORITY
PROJECTS AND PROGRAMS AND DELEGATING TO THE
DOWNTOWN DEVELOPMENT AUTHORITY THEREUNDER THE
POWER TO INCUR DEBT IN RELATION THERETO AS
AUTHORIZED BY STATE LAW
A. On April 21, 1981, City Council approved Ordinance No. 046, 1981 to
establish the Fort Collins, Colorado, Downtown Development Authority (“DDA”), pursuant
to the provisions of Title 31, Article 25, part 8, Colorado Revised Statutes and Chapter 2,
Article IV, Division 1 of the City Code (the “DDA Statute”).
B. The DDA Statute requires that the organization of downtown development
authorities will serve a public use; promote the health, safety, prosperity, security, and
general welfare of the inhabitants thereof and of the people of this state; halt or prevent
deterioration of property values or structures within central business districts; halt or
prevent the growth of blighted areas within such districts; and assist municipalities in the
development and redevelopment of downtowns and in the overall planning to restore or
provide for the continuance of the health thereof.
C. The primary means of financing DDA projects and programs is through a
property tax increment collected within the DDA boundaries, and C.R.S. § 31-25-
807(3)(a)(II) requires that the City or DDA must incur some form of debt in order to finance
such projects and programs of the DDA using property tax increment revenues collected
within the DDA boundaries.
D. The property tax revenues of the DDA, once distributed to the City by
Larimer County, Colorado, are deposited into an account held by the City (the “DDA Debt
Service Fund”).
E. On October 15, 2012, the City and the DDA entered into an
intergovernmental agreement to establish a line of credit drawn from the account in which
property tax increment revenues were deposited in order to finance DDA projects and
programs with a six-year term (the “2012 IGA”).
F. On September 19, 2018, the City and the DDA entered into a second
intergovernmental agreement to extend agreement for another six-year term and to
increase the per-draw line of credit to $5,000,000 (the “2018 IGA”).
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G. Effective August 7, 2023, C.R.S. § 31-25-807(3)(a)(II) was amended by
Senate Bill 23-175 to provide that a city, pursuant to an intergovernmental agreement
with a downtown development authority and approved by city ordinance, may delegate to
a downtown development authority the power to incur loans or indebtedness or obtain
advances and to pledge tax increment money for the payment of any loans, advances, or
indebtedness.
H. The City desires to delegate to the DDA the power to incur such
indebtedness by establishing a line of credit with First National Bank of Omaha on the
same general terms as the City under the 2012 IGA and 2018 IGA (the “DDA Line of
Credit”), as authorized by C.R.S § 31-25-807(a)(3)(II), as amended, which will allow for
the shifting of certain administrative burdens related to the financing of DDA projects and
programs from the City to the DDA, which is beneficial to the City and which the DDA is
willing and able to perform.
I. In order to update and replace the line of credit arrangement established in
the 2018 IGA, and to shift the administrative burden related to the financing of DDA
operations from the City to the DDA, staff of the City and the DDA have negotiated a new
intergovernmental agreement regarding the financing of DDA projects and programs
using the DDA Line of Credit, in the form attached hereto as Exhibit “A” (the “2025 IGA”),
which has a term of six years and provides for a maximum per-draw limit of five million
dollars.
J. The Board of Directors of the DDA, through the adoption of Resolution
2025-02, has expressed its willingness to perform the administrative burdens of financing
its operations, as described in the 2025 IGA, and recommends to the City Council
approval of the 2025 IGA.
K. A line of credit established by the DDA with a financial institution, as
authorized by the City under the 2025 IGA, meets the requirements of C.R.S. § 31-25-
807(3)(a)(II), as amended, and the costs and interest associated with such a line of credit
are much lower than would be the case with other types of financing.
L. A line of credit does not create a multi-fiscal year direct or indirect debt or
financial obligation on the part of the City or the DDA within the meaning of Colorado
Constitution Article X, Section 20 or any other constitutional or statutory provision.
M. It is in the best interests of both the City and the DDA to reduce financing
costs of DDA project and programs to preserve the maximum amount of property tax
increment revenues for DDA projects and programs within its boundaries.
N. The City is authorized to enter into intergovernmental agreements to
provide any function, service, or facility under Article II, Section 16 of the Charter of the
City of Fort Collins and C.R.S. § 29-1-203, and the City desires to enter into the 2025
IGA.
Page 149
Item 9.
-3-
O. This Ordinance and the 2025 IGA attached hereto as Exhibit “A” replaces
Ordinance No. 040, 2025 and the version of 2025 IGA which was attached thereto Exhibit
“A”. The version of the 2025 IGA before Council on second reading of Ordinance No.
040, 2025 was not complete because Exhibits A, B, and C-1 to C-5 attached to and part
of the 2025 IGA were not included in the meeting packet. Other than changing the dates
of action on and effective dates of this Ordinance and the proper inclusion of Exhibits A,
B, and C-1 to C-5 to the 2025 IGA, this Ordinance, the 2025 IGA attached thereto as
Exhibit “A”, and other explanatory and supporting materials are the same as those
presented to Council for its consideration on second reading and final passage of
Ordinance No. 040, 2025, on March 18, 2025.
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 the Mayor is hereby authorized to execute the 2025 IGA on behalf
of the City in substantially the form attached hereto as Exhibit “A”, and incorporated in by
this reference with such modifications 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 Ordinance.
Introduced, considered favorably on first reading on May 6, 2025, and approved
on second reading for final passage on May 20, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Dianne Criswell
Page 150
Item 9.
THIRD INTERGOVERNMENTAL AGREEMENT
GOVERNING A LINE OF CREDIT FOR FINANCING
DOWNTOWN DEVELOPMENT AUTHORITY
PROJECTS AND PROGRAMS
This INTERGOVERNMENTAL AGREEMENT (“IGA”) is entered into this _____ day
of _______________, 2025, by and between the FORT COLLINS, COLORADO DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate and politic (the “DDA”) and the CITY OF
FORT COLLINS, COLORADO, a Colorado municipal corporation (the “City”).
WITNESSETH:
WHEREAS, the DDA has been created pursuant to the provisions of Title 31, Article 25,
part 8, Colorado Revised Statutes, and Chapter 2, Article IV, Division 1 of the City Code (the
“DDA Statute”); and
WHEREAS, the DDA Statute has declared that the organization of downtown development
authorities will serve a public use; promote the health, safety, prosperity, security, and general
welfare of the inhabitants thereof and of the people of this state; will halt or prevent deterioration
of property values or structures within central business districts; halt or prevent the growth of
blighted areas within such district, and assist municipalities in the development and redevelopment
of downtowns and in the overall planning to restore or provide for the continuance of the health
thereof; and
WHEREAS, the DDA provides an invaluable service to the City by promoting the health,
safety, prosperity, security and general welfare of those living and working within its boundaries;
and
WHEREAS, pursuant to C.R.S. § 31-25-808(1)(f), the DDA is empowered to enter into
contracts with governmental agencies and public bodies in furtherance of the statutory mission of
the DDA; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council of the
City, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish
governmental services and make charges for such services or enter into cooperative or joint
activities with other governmental bodies; and
WHEREAS, the primary means of financing DDA projects and programs is through the
use of property tax increment collected within the DDA boundaries, and C.R.S. §31-25-
807(3)(a)(II) requires that the City or DDA incur some form of debt in order to finance such
projects and programs using property tax increment revenues collected within the DDA
boundaries; and
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 151
Item 9.
WHEREAS, such property tax increment revenues, once remitted to the City by Larimer
County, Colorado, are deposited into an account held by the City (the “DDA Debt Service Fund”);
and
WHEREAS, on October 15, 2012, the parties entered in that certain agreement entitled
“Intergovernmental Agreement Governing a Line of Credit for Financing Downtown
Development Authority Projects and Programs” which established a line of credit to finance
certain DDA projects and programs and defined the process for use of such line of credit (the
“2012 IGA”); and
WHEREAS, the 2012 IGA had a term of six (6) years and expired on December 31, 2018;
and
WHEREAS, on September 19, 2018, the parties entered in that certain agreement entitled
“Second Intergovernmental Agreement Governing a Line of Credit for Financing Downtown
Development Authority Projects and Programs” which extended the term of the line of credit
established under the 2012 IGA and increased the per-draw limit under the line of credit to
$5,000,000 (the “2018 IGA”); and
WHEREAS, the 2018 IGA had a term of six (6) years and expired on December 31, 2024;
and
WHEREAS, under both the 2012 IGA and the 2018 IGA, the line of credit was established
between the City and First National Bank of Omaha (“First National Bank”) through execution of
a line of credit agreement and promissory note, consistent with the DDA Statute, which at the time
required that the City incur the debt necessary to finance DDA projects and programs using
property tax increment revenues under C.R.S. § 31-25-807(3)(a)(II); and
WHEREAS, effective August 7, 2023, C.R.S. § 31-25-807(3)(a)(II) was amended by
Senate Bill 23-175 to provide that a city, pursuant to an intergovernmental agreement with a
downtown development authority, approved by ordinance of the city, may delegate to a downtown
development authority the power to incur loans or indebtedness or obtain advances and to pledge
tax increment money for the payment of any loans, advances, or indebtedness; and
WHEREAS, the City, under this IGA, desires to delegate to the DDA the power to incur
the indebtedness evidenced by the line of credit agreement and promissory note, and related
assignment of deposit account, described in Section 2 below, which will allow for the shifting of
certain administrative burdens related to the financing of DDA operations from the City to the
DDA, which is beneficial to the City and which the DDA is willing and able to perform; and
WHEREAS, the parties desire to enter into this IGA for the purpose of replacing the line
of credit established under the 2012 IGA and the 2018 IGA, for a term of six (6) years, on the same
general terms and conditions contained in the 2012 IGA and the 2018 IGA, except as described
above and as depicted on Exhibit B (“Exhibit B” being defined and described in Section 3.4
below); and
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 152
Item 9.
WHEREAS, a line of credit established by the DDA with a financial institution, as
authorized by the City pursuant to this IGA, meets the requirements of C.R.S. § 31-25-
807(3)(a)(II), as amended, and the costs and interest associated with such a line of credit are much
lower than would be the case with other types of financing; and
WHEREAS, it is in the best interests of both the DDA and the City to reduce financing
costs of DDA projects and programs in order to preserve the maximum amount of property tax
increment revenues for DDA projects and programs within its boundaries.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
as hereafter provided and other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the parties agree as follows:
1.TERM.
The term of this IGA shall commence upon execution by the parties and continue through
December 31, 2030 (“Term”), unless earlier terminated by mutual agreement.
2.LINE OF CREDIT.
Attached hereto as Exhibit A, and incorporated herein by reference, is a copy of the
Promissory Note and Agreement, and related Assignment of Deposit Account (collectively, the
“LOC Agreement”), between the DDA and First National Bank establishing an annual revolving
line of credit, renewable each fiscal year of the Term for the benefit of the DDA, and which, in
addition to other terms and conditions for its use, provides for a maximum per-draw limit of Five
Million Dollars ($5,000,000) (the “Line of Credit”).
3.REQUIREMENTS FOR DRAWS ON LINE OF CREDIT.
Any draw on the Line of Credit by the DDA during the Term shall be in accordance with
all of the following requirements:
3.1 The DDA Board shall annually adopt a resolution approving its budget and shall
adopt a resolution recommending the City Council of the City appropriate DDA monies to fund
the DDA budget; and
3.2 The City Council of the City shall annually approve the DDA budget and by
ordinance appropriate funds therefor, including funds for debt service for the Line of Credit and
expenditure of the Line of Credit proceeds, as applicable; and
3.3 Any draw on the Line of Credit shall be used only to pay the costs of DDA projects
and programs approved in the annual DDA budget and for which funds have been appropriated by
the City; and
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 153
Item 9.
3.4 The sequence of steps for drawing on the line of credit shall be as depicted in the
flowchart contained in Exhibit B, attached hereto and incorporated herein by reference; and
3.5 At least fourteen (14) days prior to any draw on the Line of Credit, the DDA’s
Executive Director shall determine and report to the City’s Chief Financial Officer the current
level of total debt that has at that time been issued under the existing voter authorization for DDA
debt and further shall verify and report to the City’s Chief Financial Officer that there are sufficient
tax increment monies in the DDA’s Debt Service Fund to replenish the Line of Credit in the
amount of the draw and the interest cost. The DDA’s Executive Director shall supply the City’s
Chief Financial Officer with documentation supporting such determinations and reporting, with
examples of the documentation to be supplied being depicted in Exhibits C-1 through C-5,
attached hereto and incorporated herein by reference. The DDA shall also notify the City’s Chief
Financial Officer of the date on which the DDA intends to make a draw request. The City’s Chief
Financial Officer shall review such information and documentation reported, and shall promptly
notify the DDA of any errors or deficiencies identified; and
3.6 The DDA shall have the authority to request any draw on the Line of Credit
consistent with the LOC Agreement and this IGA; provided, however, that the DDA shall make
no draw on the Line of Credit in excess of available debt authorization, available tax increment
monies, or which would result in the repayment of the Line of Credit after the then fiscal year. The
DDA shall notify the City’s Chief Financial Officer of any draw request no later than twenty-four
(24) hours after making any such request; and
3.7 At the time of a draw request by the DDA, the City’s Chief Financial Officer shall
initiate such action as is necessary to repay the draw using funds from the DDA’s Debt Service
Fund within seven (7) business days of the DDA’s receipt of the draw, such that the Line of Credit
is fully replenished to its Five Million Dollars ($5,000,000) limit of available credit within seven
(7) business days of receipt of each such draw; and
3.8 Upon receipt from First National Bank, the DDA shall transfer the proceeds from
the related Line of Credit draw into the City-held DDA Financing Activity Fund, and the City’s
Chief Financial Officer shall cause such funds to be available to the DDA.
4.EARLY TERMINATION
In the event that for any reason the Line of Credit is terminated, the parties agree that
they will work together in good faith to secure another line of credit that meets the purposes
of this IGA, subject to such City Council and DDA Board approval as may be required. In
such event, any such new letter of credit shall be subject to the provisions of, but shall not
require an amendment to, this IGA. The parties acknowledge that the tax increment funds that
comprise the DDA’s Debt Service Fund are held in a First National Bank account owned by the
City and that, under the section of the LOC Agreement entitled “Conditions Precedent to an
Advance,” the City must continue to hold such funds in a First National Bank account in order for
the Line of Credit to remain in effect. In recognition thereof, the City agrees to notify the DDA, as
soon as is practicable, of any decision to change banking providers, to allow the parties sufficient
time to negotiate a replacement for the Line of Credit with the City’s new banking provider.
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 154
Item 9.
5.NOTICE.
All notices to be given to parties hereunder shall be in writing and shall be sent by certified
mail to the addresses specified below:
DDA: Downtown Development Authority
Attn: Executive Director
19 Old Town Square, Suite 230
Fort Collins, CO 80524
With a copy to: Joshua C. Liley
Liley Law, LLC
2627 Redwing Road, Suite 342
Fort Collins, CO 80526
CITY: City of Fort Collins
Attn: Chief Financial Officer
215 North Manson Street
Fort Collins, CO 80524
With a copy to: City of Fort Collins
Attn: City Attorney
300 LaPorte Avenue
Fort Collins, CO 80521
6.THIRD PARTY BENEFICIARIES.
This IGA shall not be construed as or deemed to be an agreement for the benefit of any
third party or parties, and no third party or parties shall have any right of action hereunder for any
cause whatsoever.
7.INTERPRETATION.
Nothing in this IGA is intended or shall be deemed or construed as creating any multiple-
fiscal year direct or indirect debt or financial obligation on the part of the City or the DDA within
the meaning of Colorado Constitution Article X, Section 20 or any other constitutional or statutory
provision.
8.GOVERNING LAW/SEVERABILITY.
The laws of the State of Colorado shall govern the construction, interpretation, execution
and enforcement of this IGA. In the event any provision of this IGA shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this IGA.
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 155
Item 9.
IN WITNESS WHEREOF, the parties have executed this IGA the day and year first above
written.
CITY OF FORT COLLINS, COLORADO,
a Colorado municipal corporation
By: ____________________________________
Jeni Arndt, Mayor
APPROVED AS TO FORM:
____________________________________
Dianne Criswell, Senior Assistant City Attorney
ATTEST:
____________________________________
Name: ___________ Title: ______________
THE FORT COLLINS, COLORADO,
DOWNTOWN DEVELOPMENT
AUTHORITY, a body corporate and politic
By: ____________________________________
David Lingle, Chair
ATTEST:
_____________________________________
Cheryl Zimlich, Secretary
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 156
Item 9.
EXHIBIT
A TO IGA
*tf:##.######000000000000577812052024 *
PROMISSORY NOTE
AND
AGREEMENT
Borrower: Fort Collins, Colorado, Downtown Development
Authority Lender: First National Bank of Omaha
Branch #001
19 Old Town Square, Suite #230
Fort Collins, CO 80524
Principal Amount: $5,000,000.00
1620 Dodge Street
Omaha, NE 68197
Date of Note: February 5, 2025
THIS PROMISSORY NOTE AND AGREEMENT (the "Note") is entered into effective the Date of the Note set forth above by Borrower and
Lender identified herein. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby state and
agree as follows:
PROMISE TO PAY. Fort Collins, Colorado, Downtown Development Authority ("Borrower") promises to pay to First National Bank of Omaha
("Lender"), or order, in lawful money of the United States of America, the principal amount of Five Million & 00/100 Dollars ($5,000,000.00) or
so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance and any other fees and
charges which may be due. Interest shall be calculated from the date of each Advance until repayment of each Advance. The maturity date of
this Note shall be December 31, 2025. The maturity date of this Note will be automatically extended one year for five consecutive years,
ending December 31, 2030, so long as Borrower fully repays all outstanding Indebtedness as of each maturity date, and so long as no Event
of Default shall have occurred during the preceding year.
LINE OF CREDIT. Lender agrees to make Advances to Borrower from time to time from the date of this Note until the maturity date, provided that the
aggregate amount of such Advances outstanding at any time does not exceed the maximum principal amount of this Note. This Note evidences a
revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's accounts, may be requested either orally or in
writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in writing. Each Advance
shall be conclusively deemed to have been made at the request of and for the benefit of Borrower when (A) advanced in accordance with the
instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. Each Advance will be deposited into a deposit account
(account number ___ __, maintained with Lender by the Borrower and pledged by Borrower as Collateral for this Note and Loan (the "Pledged
Deposit Account"). The Pledged Deposit Account shall be subject to a hold prohibiting any withdrawals from the Pledged Deposit Account until Borrower
has repaid the amount of all Advances and any other outstanding amounts payable in accordance with the terms of this Note to Lender. Upon
Borrower's satisfaction of any such payments, Lender will release the hold on the Pledged Deposit Account and Borrower shall be entitled to withdraw
any funds in the Pledged Deposit Account. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this
Note or by Lender's internal records, including daily computer print-outs.
CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this Agreement
shall be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth in this Note and in the Related Documents.
Loan Documents. Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to Lender
security interests in the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (4) together with all such
Related Documents as Lender may require for the Loan; all in form and substance satisfactory to Lender and Lender's counsel.
Payment of Fees and Expenses. Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as
specified in this Note or any Related Document.
Representations and Warranties. The representations and warranties set forth in this Note, in the Related Documents, and in any document or
certificate delivered to Lender under this Agreement are true and correct.
No Event of Default. There shall not exist at the time of any Advance a condition which would constitute an Event of Default under this Note or under
any Related Document.
Deposit of Tax Increment Funds. Tax Increment Funds or cash deposits of an amount in excess of the requested Advance and any and all
outstanding and unpaid amounts of principal and interest due under this Note shall be held in the depository account (account number ending in x739)
maintained with the Lender by the City of Fort Collins, Colorado.
PAYMENT. Borrower will pay this loan according to the following payment schedule: Borrower will pay the principal amount of each Advance
made hereunder within seven (7) business days from the date of that Advance, together with interest accrued on that Advance, and any fees
and expenses owing on that Advance. In addition, on December 31st of each year, Borrower shall pay to Lender a maturity payment of all
outstanding principal, interest, and other fees and expenses which may then be due and owing to Lender under the Note. Interest will accrue
on each Advance at the Variable Interest Rate set forth below, subject to a minimum finance charge per Advance of Five Hundred and 00/100
dollars ($500.00). Unless otherwise agreed or required by applicable law, payments will be applied to interest, principal, and expenses owing
under the Note in an order determined by Lender. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate in writing.
VARIABLE INTEREST RA TE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is
the U.S. Prime Rate as published by the Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy
percent (70%) of the nation's ten (10) largest banks (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the
Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the
current Index rate upon Borrower's request. The interest rate change will not occur more often than each day during the term of the loan. Borrower
understands that Lender may make loans based on other rates as well. The Index currently is 7.500% per annum. Interest on the unpaid principal
balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate equal to the Index, adjusted if
necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 7.500% per annum based on a year of 360 days.
NOTICE: Under no circumstances will the interest rate on this Note be less than 3.000% per annum or more than the maximum rate allowed by
applicable law.
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis; that is, by applying the ratio of the interest rate
over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is
outstanding. All interest payable under this Note is computed using this method.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject
to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may
pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance
due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment,
Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to
Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the
payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a
disputed amount must be mailed or delivered to: First National Bank of Omaha, Branch #001, 1620 Dodge Street, Omaha, NE 68197.
LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $25.00, whichever is
greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding an
additional 6.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that
would have applied had there been no default. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable
law.
Page 157
Item 9.
Page 158
Item 9.
Page 159
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Page 160
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Page 161
Item 9.
Page 162
Item 9.
Page 163
Item 9.
EXHIBIT B TO IGA
DDA/City Line of Credit Flowchart
Larimer County Treasurer
tax increment revenue
1)DDA verifies cash available in
DDA Debt Service Fund
City
DDA 3)DDA notifies City for Loan repayment w/ tax
increment revenue
6)Proceeds transferred to DDA Financing Activity Fund
4)Loan repayment
w/ tax increment
revenue within 7
days of loan
2)LOC Draw Request Bank
5)Line of Credit Proceeds Released
DDA LOC Proceeds
Account w/Bank
Special Fund of Municipality
DDA Debt Service Fund
Fund 101823
DDA Financing Activity Fund
Fund 101215
A)Step 1 - DDA verifies cash available
in Debt Service Fund
(Responsible party: DDA)
B)Step 2 & 3 - DDA initiate loan
transfers with Bank and repayment from
City. DDA provides documentation as
verification:
• Cash Flow Statement
• Tax Warrant from LarCo Assessor
• Payment Schedule(s)
• List of Projects/Programs to be
funded
with loan
(Responsible party: DDA)
C)Step 4 - City repayment of LOC Loan
(Responsible party: City)
D)Step 5 & 6 - DDA receives proceeds
from bank, transfers proceeds to DDA
Financing Activity Fund
(Responsible party: DDA)
Page 164
Item 9.
A B C D E F G H I J K
1 Sep 2023 for FY24 Mar 2024 for FY24 Sep 2024 for FY25
2 Actuals Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast
3 Budget Year 2023 2024 2024 2025 2026 2027 2028 2029 2030 2031
FUND SOURCES
4 Debt Service Accounting/ACFR Fund Balance 243,968 263,723 187,110 257,335
5 Less: Unrealized Gain/Add: Unrealized Loss (Budget Year Only)57,774 -
6 TOTAL DEBT SERVICE CASH FUND BALANCE 243,968 263,723 244,884 257,335 254,854 233,569 270,615 307,691 357,315 406,987
7 Business Marketing and Communications Program & Gift Card Program Carryover 161,601
8 Capital Asset General Maintenance 2023 Carryover 174,307
9 Capital Asset Reserves 2023 384,583
10 TOTAL BMC, CAPITAL ASSET GENERAL MAINTENANCE & RESERVES 2023 504,158 720,491
REVENUES
11 Tax Increment 6,240,806 8,416,289 8,074,540 8,115,031 8,105,517 8,605,869 9,133,490 9,689,867 10,276,566 10,895,240
12 Plus: Woodward Tax Increment 591,248 591,248 591,248 591,248 1,075,254 1,075,254 1,075,254 1,075,254 1,075,254 1,075,254
13 Interest Revenue 52,075 0 0 0 0 0 0 0 0 0
14 TOTAL REVENUES 6,884,129 9,007,537 8,665,788 8,706,279 9,180,771 9,681,123 10,208,744 10,765,121 11,351,820 11,970,494
15 Woodward Bond Issue Debt 431,611 431,611 431,611 431,611 731,173 731,173 731,173 731,173 731,173 731,173
16 Parking Garage IGA (Old Firehouse Parking Structure)300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000
17 Housing Catalyst/FC DDA LLC Loan (Oak 140)121,869 121,869 121,869 121,869 121,869
18 Total Multi Year Reimbursements After Savings + Collections 534,254 617,431 617,264 665,760 798,524 743,119 598,042 408,918 400,859 344,082
19 TOTAL COMMITMENTS 1,387,734 1,470,911 1,470,744 1,519,240 1,951,566 1,774,292 1,629,215 1,440,091 1,432,032 1,375,255
PM FEES & BMC/GC & MAINTENANCE FUNDS
20 Project Management Fees 257,719 54,826 64,826 134,411 Developed Annually
21 DDA 5 Mill Property Tax TIF Revenue to O&M 402,056 397,699 400,030 Developed Annually
22 Business Marketing and Communications Program & Gift Card Program 350,200 107,000 318,743 328,305 338,154 348,299 358,748 369,510 380,596 392,014
23 Capital Asset General Maintenance 563,659 942,589 832,771 802,086 1,157,930 1,245,402 1,415,092 1,522,588 1,731,464 1,863,644
24 Capital Asset Reserve 306,505 444,691 449,191 395,571 419,362 523,805 486,306 637,396 514,689 510,357
25 Capital Asset Replacement Annual Program Contribution 141,695 189,300 262,900 211,200 Developed Annually
26 TOTAL PM FEES, BUSINESS MARKETING/GC, & MAINTENANCE FUNDS 1,619,778 2,140,462 2,326,130 2,271,603 1,915,447 2,117,506 2,260,146 2,529,495 2,626,749 2,766,014
27 UNCOMMITTED DISCRETIONARY FUNDS 4,437,633 5,396,033 5,576,956 4,917,919 5,335,043 5,752,280 6,282,307 6,745,912 7,243,367 7,942,478
28 FUND BALANCE 187,110 263,854 257,335 254,854 233,569 270,615 307,691 357,315 406,987 293,734
Page 1
EXHIBIT C - 1 TO IGA
Page 165
Item 9.
A B C D E F G H I J K
1 Sep 2023 for FY24 Mar 2024 for FY24 Sep 2024 for FY25
2 Actuals Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast
3 Budget Year 2023 2024 2024 2025 2026 2027 2028 2029 2030 2031
FUND BALANCE ALLOCATIONS
Reserves
29 Multi-year Reimbursements (5.5% of next year)33,950 46,400 46,400 43,919 40,872 32,892 22,490 22,047 18,925 -
30 Committed - Half of Next Year Commitments 210,935 210,935 210,935 210,935 150,000 150,000 150,000 150,000 150,000 0
31 Reserves Total 244,884 257,335 257,335 254,853 190,872 182,892 172,490 172,047 168,925 0
32 Balance - Uncommitted for following year 0 0 42,698 87,722 135,201 185,268 238,063 293,734
33 Cash Fund Balance 244,884 257,335 257,335 254,854 233,569 270,615 307,690 357,315 406,988 293,734
34 Adjustment for previous year
35 Unrealized gain/(loss) for budget year (57,774)
36 Accounting/ACFR Fund Balance 187,110
NOTES:
Woodward Bond $6,050,000 bond (2013) - Current rate of 1.65%, reset each September 26th anniversary; Principal Bal = $2,899,150.99 as of 1/1/2024
Legend Projected Property Tax Revenue Projected Approval of Continuation of LOC Projected Addition of New Alleys
Tax Increment Revenue
Page 2
EXHIBIT C - 1 TO IGA
Page 166
Item 9.
Base
Increment
Total Assessed
FORT COLLINS DOWNTOWN DEV. AUT 112,926,987
159,883,441
272,810,428
05
Auth AuthorityName Area
%
Share
Back%
Effective
Increment *
Effective
Base *
Total
Assessed
TIF
Levy
Total
Revenue
Entity
Revenue
TIF
Revenue
TIF Tax Warrant 12/20/2024
uthorit #
2 2
006 POUDRE R-1 SCHOOL DISTRICT 100.000000% 50 79,941,720 192,868,708 272,810,428 57.37 15,651,134 11,064,878 4,586,256
028 LARIMER COUNTY 100.000000% 50 79,941,720 192,868,708 272,810,428 22.461 6,127,595 4,332,024 1,795,571
032 CITY OF FORT COLLINS 100.000000% 0 159,883,441 112,926,987 272,810,428 9.797 2,672,724 1,106,346 1,566,378
054 HEALTH DISTRICT OF NORTHERN LARIMER CNTY 100.000000% 50 79,941,720 192,868,708 272,810,428 2.167 591,180 417,946 173,234
058 FORT COLLINS DOWNTOWN DEVELOPMENT AUTH 100.000000% 50 79,941,720 192,868,708 272,810,428 5 1,364,052 964,343 399,709
059 FORT COLLINS G.I.D. NO. 1 50.440043% 0 80,645,276 56,960,421 137,605,697 4.924 677,570 280,473 397,097
064 LARIMER COUNTY PEST CONTROL 84.637462% 50 67,660,643 163,239,179 230,899,822 0.142 32,788 23,180 9,608
095 BOXELDER SANITATION DISTRICT 5.113900% 50 4,088,140 9,863,112 13,951,252 0 0 0 0
110 EAST LARIMER COUNTY WATER DISTRICT 19.070858% 50 15,245,572 36,781,718 52,027,290 0 0 0 0
112 POUDRE RIVER PUBLIC LIBRARY DISTRICT 100.000000% 50 79,941,720 192,868,708 272,810,428 3.015 822,523 581,499 241,024
117 NORTHERN COLORADO WATER CONS DISTRICT 100.000000% 50 79,941,720 192,868,708 272,810,428 1 272,810 192,868 79,942
* Base and increment values certified to taxing entities
$9,248,819Total TIF Rev
EXHIBIT C-2 TO IGA
Page 167
Item 9.
Woodward Loan
2013 6,050,00 Public
2014 - Facades Improv % PI
Reimbursement Amount 6,050,000 Start Date 1-Sep-13 Phase I 1,500,000 6,050,00 80%
Matures 1-Sep-31 Phase II 800,000 6,050,00 73%
Years 18 Phase III 900,000 6,050,00 68%
Phase IV 600,000 6,050,00 68%
3,800,000
Time in
Years Date Payment Interest Principal Balance Phase I and II
Phase I, II
plus III and IV
online in
2020
Phase I and
II Phase III Phase IV
Total Tax
Increment
Façade PM
if only I and
II
Façade PM
w/ I, II, III &
IV
10 Year
Tbill
Interest
Rate Calc % increase
1-Dec-13 6,050,000 2013 2.65%0.25%
1 1-Dec-14 - 15,125 - 6,050,000 2014 2.51%0.25%
2 1-Dec-15 - 15,125 - 6,050,000 2015 2.18%0.25%
3 1-Dec-16 305,325 15,125 259,950 5,790,050 302,405 302,405 414,253 414,253 111,848 111,84 2016 1.63%0.25%
4 1-Dec-17 411,830 14,475 397,355 5,392,695 411,83 411,83 564,151 564,151 152,321 152,321 2017 2.37%0.25%
5 1-Dec-18 411,830 13,482 398,348 4,994,347 411,83 411,83 564,151 564,151 152,321 152,321 2018 3.00%0.35% 26.7%
6 1-Dec-19 431,611 17,480 414,131 4,580,216 431,611 431,611 591,24 591,248 159,637 159,63 2019 4.00%1.35% 33.3%
7 1-Dec-20 431,611 61,833 369,778 4,210,438 431,611 431,611 591,24 591,248 159,637 159,63 2020 4.70%2.05% 17.5%
8 1-Dec-21 431,611 86,314 345,297 3,865,141 431,611 530,031 591,24 73,82 114,385 779,457 159,637 249,42 2021 5.20%2.55% 10.6%
9 1-Dec-22 431,611 98,561 333,050 3,532,091 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2022 5.56%2.91% 7.0%
10 1-Dec-23 431,611 102,784 328,827 3,203,264 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2023 5.90%3.25% 6.0%
11 1-Dec-24 431,611 104,106 327,505 2,875,759 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2024 6.21%3.56% 5.3%
12 1-Dec-25 431,611 102,377 329,234 2,546,525 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2025 6.52%3.87% 5.0%
13 1-Dec-26 431,611 98,551 333,061 2,213,464 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2026 6.52%3.87% 0.0%
14 1-Dec-27 431,611 85,661 345,950 1,867,514 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2027 6.52%3.87% 0.0%
15 1-Dec-28 431,611 72,273 359,338 1,508,176 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2028 6.52%3.87% 0.0%
16 1-Dec-29 431,611 58,366 373,245 1,134,931 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2029 6.52%3.87% 0.0%
17 1-Dec-30 463,744 43,922 419,822 715,109 463,74 1,013,09 591,24 369,621 114,385 1,075,254 127,504 62,16 2030 6.52%3.87% 0.0%
18 1-Dec-31 591,248 27,675 563,573 151,536 591,24 1,075,25 591,24 369,621 114,385 1,075,254 ‐ 2031 6.52%3.87% 0.0%
6,931,698 1,033,234 5,898,464 6,928,778 10,457,048 9,228,779 3,770,034 1,258,235 14,257,04 2,300,000 3,800,000 AVG 4.82% 2.33%
Time in
Years Date Payment Interest Principal Balance
1-Dec-13 6,050,00 Key assumptions:
1 1-Dec-14 - 15,125 - 6,050,000
2 1-Dec-15 - 15,125 - 6,050,000
3 1-Dec-16 305,325 15,125 259,950 5,790,050 * In scenarios III and IV, assumes online during tax year 2020, payment year 2021
4 1-Dec-17 411,830 14,475 397,355 5,392,695
5 1-Dec-18 411,830 13,482 398,348 4,994,347
6 1-Dec-19 431,611 17,480 414,131 4,580,216 * Phase I and II TIF figures are from latest calculation. Figures are capped per contract
7 1-Dec-20 431,611 61,833 369,778 4,210,438 * Phase III and IV TIF figures are from exhibits to original agreement.
8 1-Dec-21 530,031 86,314 443,717 3,766,721
9 1-Dec-22 731,173 96,051 635,121 3,131,600
10 1-Dec-23 731,173 91,130 640,043 2,491,557
11 1-Dec-24 731,173 80,976 650,197 1,841,359
12 1-Dec-25 731,173 65,552 665,620 1,175,739
13 1-Dec-26 731,173 45,501 685,672 490,068
14 1-Dec-27 731,173 18,966 712,207 (222,140)
15 1-Dec-28 731,173 (8,597) 739,770 (961,909)
16 1-Dec-29 731,173 (37,226) 768,399 (1,730,308)
17 1-Dec-30 1,013,094 (66,963) 1,080,057 (2,810,365)
18 1-Dec-31 1,075,254 (108,761) 1,184,015 (3,994,380)
10,459,968 415,588 10,044,380
Façade PaymentTax Increment Revenue
* T-bill rate is most significant input. Assumes 2017 rate of 2.37% which is the 2/27 rate at 3:30
Eastern, plus growth rates in yellow to align with original agreement
* Model is built based on annual 12/1 payments. Actual note reflects a 9/26 interest-only payment
and 12/1 P&I. Difference for purposes of GF reserve projections is negligible.
Phase I and II - 10 Year Tbill Reimbursement & Interest
Phase I, II plus III and IV online in 2020
EXAMPLE
EXHIBIT 3-C
TO IGA
Page 168
Item 9.
Year Contribution Interest Total
Dec 1 2019 $300,000.00 $0.00 $300,000.00
Dec 1 2020 300,000.00 0.00 300,000.00
Dec 1 2021 300,000.00 0.00 300,000.00
Dec 1 2022 300,000.00 0.00 300,000.00
Dec 1 2023 300,000.00 0.00 300,000.00
Dec 1 2024 300,000.00 0.00 300,000.00
Dec 1 2025 300,000.00 0.00 300,000.00
Dec 1 2026 300,000.00 0.00 300,000.00
Dec 1 2027 300,000.00 0.00 300,000.00
Dec 1 2028 300,000.00 0.00 300,000.00
Dec 1 2029 300,000.00 0.00 300,000.00
Dec 1 2030 300,000.00 0.00 300,000.00
Dec 1 2031 300,000.00 0.00 300,000.00
$3,900,000.00 $0.00 $3,900,000.00EXAMPLE
EXHIBIT C-4 TO IGA
Page 169
Item 9.
Draw #1: 5/28/2024
Projects/Programs to be Funded:
Alley Capital General Maintenance 258,076.00
Alley Enhancements 2024-2025 (E Myrtle to Mulberry, Chesnut to Pine)1,100,000.00
Equipment One-time Purchase 215,000.00
Façade Grant Program 26,531.00
FCDDA Loan 121,869.00
Holiday Lights 35,000.00
Interactive Light Display in Old Town Square 93,000.00
Multi-year reimbursement 617,264.00
Old Firehouse Alley Garage IGA 300,000.00
Old Town Square General Maintenance 200,000.00
Old Town Square Capital Reserve/Replacement 92,960.00
Surveillance Camera Operations 4,295.00
Warehouse 70,300.00
Project Management Fees 64,826.00
5 Mill Property Tax TIF Revenue 397,699.00
2024 Projects and Programs Reserve aka Uncommitted Discretionary Funds 1,403,180.00
Total Line of Credit Draw #1 for 2024 5,000,000.00
Final Draft Draw #2: 12/26/2024
2024 Projects and Programs Reserve aka Uncommitted Discretionary Funds 1,490,504.00
Alley Enhancements 2024-2025 (E Myrtle to Mulberry, Chesnut to Pine)1,550,000.00
Total Line of Credit Draw #2 for 2024 3,040,504.00
Total Line of Credit Draws 2024 8,040,504.00
Downtown Development Authority
2024 Line of Credit Draws
EXHIBIT C-5 TO IGA
Page 170
Item 9.
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Parcels
DDA Boundary
Printed: October 01, 2017
1 inch = 1,320 feet
.
0 0.25 0.50.125
Miles Amended: March 7, 2017
Page 171
Item 9.
February Minutes 2025| Page 1 of 4
DOWNTOWN DEVELOPMENT AUTHORITY
Regular Directors' Meeting
MINUTES of February 13, 2025
The Board of Directors of the Downtown Development Authority met in Regular Session at 7:30 a.m. on
Thursday, February 13, 2025, at Rocky Mountain Innosphere, 320 E. Vine Drive, Fort Collins, CO 80524.
PRESENT
Abigail Christensen; Sam Coutts; Susan Gutowsky; Dave Lingle; Holli McElwee; Jenny Schultz; Randy
Shortridge; Kristin Stephens (arrived 7:35 a.m.); Cheryl Zimlich
ABSENT
Rebecca Hill; Mandi Huston
STAFF
Matt Robenalt, Executive Director; Jala Curtis, Marketing and Communications Program Supervisor;
Todd Dangerfield, Project Manager; Tom Dent, Technology & Maintenance Manager; Janna Dickerson,
Marketing and Communications Coordinator; Derek Getto, Project Manager for Policy & Programs;
Kristy Klenk, Finance & HR Manager; Krista Knott, Administrative Manager; Josh Liley, Legal Counsel
GUESTS
Michael Bussman, City of Fort Collins; Kelly DiMartino, City of Fort Collins; Florian Fiebig, City of Fort
Collins; Cortney Geary, City of Fort Collins; Dana Hornkohl, City of Fort Collins; Erin Udell, Coloradoan
CALL TO ORDER
Dave Lingle called the meeting to order at 7:31 a.m. Mr. Lingle welcomed the newest Board member,
Abigail Christensen.
APPROVAL OF MINUTES
Moved by Jenny Schultz, seconded by Susan Gutowsky: To approve the minutes of December 12,
2024. The motion passed unanimously.
ALL IDEAS: BIG AND SMALL
There were no ideas presented by the public.
UPDATES
There were no questions about updates.
Susan Gutowsky, Council Liaison 970-294-2575
Kristin Stephens, County Commission Liaison 970-498-7001
Dave Lingle, Board Chair 970-227-4166
Page 172
Item 9.
February Minutes 2025| Page 2 of 4
CONSENT AGENDA
RESOLUTION 2025-01 POSTING OF PUBLIC MEETING NOTICES
Matt Robenalt noted this annual housekeeping item establishes the designation of the official location
for the public meeting notices on the downtownfortcollins.org website.
Moved by Sam Coutts, seconded by Susan Gutowsky: To approve Resolution 2025-01 designating a
location for the posting of public meeting notices. The Resolution passed unanimously.
REGULAR AGENDA
EXECUTIVE SESSION
Moved by Jenny Schultz, seconded by Kristin Stephens: to enter into executive session for the purpose
of 360 Linden Street Redevelopment, pursuant to C.R.S. 24-6-402(4)(e)(I): the motion carried.
Moved by Jenny Schultz, seconded by Susan Gutowsky to move out of executive session and return to
the regular session of the meeting. The motion passed unanimously.
EXECUTIVE SESSION FOLLOW UP
There was no further discussion or formal action resulting from the executive session.
RESOLUTION 2025-02 APPROVING THE ESTABLISHMENT OF A LINE OF CREDIT WITH FIRST NATIONAL
BANK OF OMAHA FOR THE FINANCING OF DDA PROJECTS AND PROGRAMS AND APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF FORT COLLINS, COLORADO, IN RELATION
THERETO
Matt Robenalt recounted a brief history of the DDA’s Line of Credit financing model, noting its
establishment in 2012 and renewed in 2018. In 2024, the second six-year term of Line of Credit expired.
The tax increment revenues created each year from the private investment that has occurred downtown
and as determined by the County Assessor, and as required by the DDA Act is to be used specifically to
pay off debt. The City and DDA are required by the DDA statute to work collaboratively to establish and
finance debt, and the proceeds created from the debt is to be used by the DDA to undertake its projects
and programs.
Mr. Robenalt reviewed the major categories of funding needs between now and 2030, which include the
ongoing commitment to the long-term debt service on the Firehouse Alley Parking Garage, a loan with
Housing Catalyst for Oak 140, the capital asset maintenance obligations for all enhanced public
infrastructure, commitments for multi-year reimbursements for public-private partnerships, the Board
approved 5-year Investment Plan, and anything additional that may come up as a partnership
opportunity. He noted this form of financing using a line of credit with a local bank is beneficial as it
results in significantly shorter periods of time in which debt incurs interest, which allows for more
funding available to invest in projects and programs downtown.
Mr. Robenalt highlighted the desired outcomes of this Line of Credit financing approach, which
minimizes the cost to deliver investments, demonstrates good fiduciary stewardship of public funds, and
recognizes that 82% of tax increment comes from the Poudre School District and Larimer County, and
maintains long-standing practice that the DDA can grant money for partnerships with the City with no
cost of capital assessed to City projects. Additionally, using the line of credit financing approach, which
Page 173
Item 9.
February Minutes 2025| Page 3 of 4
is set up with a defined process through an IGA with the City to ensure no more than seven days
transpire before the debt is payed off, and results in having no effect on the City’s fund balance at the
end of the fiscal year. The DDA has financed over $46 million in principle debt with financing fees and
interest amounting to little more than $17,000 using the line of credit approach, and during the same
time period financed $17 million in principal debt, using traditional methods such as certificates of
participation and private placement bonds, and paid more than $3.7 million in financing costs. Mr.
Robenalt pointed out the significant amount of saving realized from lower financing costs, thus allowing
the DDA to direct more investment into projects and programs.
A bill amending the DDA Act was signed into law in 2023 that provided a new option for arranging the
financing relationship between the DDA and City and creating the opportunity that the DDA may have
its own debt and have it paid off with tax increment revenues received by the City. Prior to the
amendment, the statute required debt only to be held in the City’s name on behalf of the DDA. The City
and DDA agreed to pursue this new option provided by SB23-175, as it will remove excessive busy work
for City Finance staff that it was previously subject to when administering the line of credit on the DDA’s
behalf.
The new six-year Line of Credit term that has been negotiated with First National Bank for a third time
will be in the DDA’s name this time rather than in the City’s name. The process steps for how the City
and DDA will work together to administer payments for the line of credit debt is defined in the
Intergovernmental Agreement. Adoption of Resolution 2025-02 would approve the IGA with the City,
and approves three bank related documents that include the Promissory Note and Agreement for the
line of credit, an Assignment of Account collateralizing a new account that the DDA will set up at First
National Bank with a commitment by the City to pay off the line of credit with tax increment funds, and
a Governmental Certificate, which acknowledges DDA’s status as a governmental entity.
Susan Gutoswsky asked how it was determined which bank to go to for this Line of Credit. Mr. Robenalt
said First National Bank was the City’s primary account holder and that is where the DDA tax increment
funds are currently held so it makes the transfer of funds to pay off the line of credit simpler and also
the reason why the bank can offer these beneficial financing terms. He explained that this arrangement
with the line of credit for the DDA is one of the ways that First National Bank meets its federal
Community Reinvestment Act mandates and with the fees they basically charge they cover their costs
for transacting the transfer of funds. The interest earned on a line of credit draw is inconsequential to
the bank because of the seven day or less window in which the debt exists before it is paid off so this is
about First National Bank recognizing the community benefit the DDA delivers. Randy Shortridge asked
if that established relationship would ever move to a different bank. Mr. Robenalt noted that it could
and this situation is specifically addressed in the IGA. Because the tax increment funds are held by the
City in an account at First National Bank, if the City decides to move their funds to a different primary
institution then the DDA would need to renogiate with First National Bank or another bank for a line of
credit. Mr. Shortridge asked if the City ever explored using other banks. Mr. Robenalt said that the City
periodically goes out through an RFP process to determine its primary banking relationship, and this
occurred a few years ago.
Moved by Jenny Schultz, seconded by Susan Gutowsky: To approve Resolution 2025-02 that the
Executive Director will advance the IGA to the City Finance Department for adoption by the City
Council, and subsequent execution of the Promissory Note & Agreement, Assignment of Deposit
Account, and Government Certificate by the Executive Director. The Resolution passed unanimously.
Page 174
Item 9.
February Minutes 2025| Page 4 of 4
NOTE: THIS DRAFT COPY OF MEETING MINUTES IS NOT INCLUSIVE OF ALL
AGENDA ITEMS DISCUSSED BY THE DDA BOARD ON 2/13/2025. COMPLETE
MEETING MINUTES WILL BE ISSUED FOR APPROVAL AT THE 3/13/2025 REGULAR
DIRECTOR’S MEETING.
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Finance Administration
215 N. Mason
nd Floor
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Council Finance Committee Hybrid Meeting
CIC Room / Zoom
November 6, 2024
4:00 – 5:30 pm
Council Attendees: Mayor Arndt, Emily Francis, Kelly Ohlson
Staff: Kelly DiMartino, Tyler Marr, Travis Storin, Denzel Maxwell, Teresa Roche,
Jenny Lopez Filkins, Ginny Sawyer, Terri Runyan, Max Valadez, Joe Wimmer,
Nina Bodenhamer, Drew Brooks, Monica Martinez,
Kaley Zeisel, Brad Buckman, Dana Hornkohl, Dean Klingner, Victoria Shaw, Jill
Wuertz, Kai Kleer, Patti Millo
Randy Bailey, Adam Halvorson, Trevor Nash, Garrison Dam, Jordan Granath,
Logan Bailor,
Renee Reeves, Dave Lenz, Jen Poznanovic, Jo Cech, Zack Mozer Carolyn Koontz
Matt Robenalt, Kristy Klenk
Other: Kevin Jones, Chamber
Meeting called to order at 4:00 pm
Approval of minutes from the September 5, 2024, and October 3, 3024 Council Finance Committee meetings.
Motion made to approve by Kelly Ohlson and seconded by Emily Francis. Approved by roll call.
A. DDA Line of Credit Renewal
Matt Robenalt, Executive Director, Downtown Development Authority
Kristy Klenk, Finance & HR Manager, Downtown Development Authority
Adam Halvorson, Sr. Analyst, Treasury, City of Fort Collins
Downtown Development Authority (“DDA”) Line of Credit (“LOC”) Finance for 2025-2030
EXECUTIVE SUMMARY
The current LOC established in 2012 and renewed in 2018 by the City on behalf of the DDA is scheduled to
expire at the end of 2024. The City and DDA began taking steps earlier this year to renew this debt instrument
with First National Bank for another six-year term, as it will be needed by the DDA to execute its projects and
programs in budget year 2025.
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Item 9.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance recommend bringing an IGA forward to accommodate the renewal of the bank authorized
Line of Credit to be used by the DDA and satisfy compliance with C.R.S. §31-25-807(3)(a)(II)?
BACKGROUND/DISCUSSION
Background
The DDA Act (C.R.S. 31-25-801, as amended) has inherent processes that require the City and the DDA to work
collaboratively to achieve the purpose of the legislation. Among these expected collaborations is the process for
financing DDA activities. In 2012, Council adopted Ordinance No. 089, 2012 and the City and DDA established a
line of credit (LOC) with First National Bank to satisfy the statutory requirement to generate proceeds from debt
to be used by the DDA to execute its projects and programs and implement the DDA’s Plan of Development.
The tax increment revenues created each year by the private investment that has occurred downtown is used to
pay off the debt.
In 2018, Council adopted Ordinance NO. 066, 2018 to renew the LOC for another six-year term from 2019 –
2024. The current LOC is scheduled to expire at the end of 2024. The DDA and City began taking steps earlier
this year to renew this debt instrument with First National Bank for another six-year term, as it will be needed
by the DDA to execute its projects and programs beginning in budget year 2025.
Additionally, in 2012, Council approved Resolution 2012-081 and the DDA and City created an
intergovernmental agreement (“IGA”) that established the process by which the two organizations would:
• initiate requests for a draw from the LOC
• verify tax increment revenue cash available to repay the debt
• account for the loan proceeds released from the LOC, and
• execute repayment with tax increment within 7 days of the initial LOC draw
The Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and
Programs was approved by City Council by Resolution 2018-046 to reflect the terms of the renewed LOC in 2018.
What is New for 2024?
In 2023, SB23-175 was signed into law, and this amendment to the DDA Act provides a new hybridized option
for meeting the statutory requirements for financing debt of downtown development authorities. This
amendment makes it possible for development authorities to obtain their own debt, and have it paid off with
tax increment revenues provided there is an IGA between the municipality and development authority
authorizing this arrangement. Prior to the amendment, the statute required that all debt issued for the benefit
of the development authority be exclusively the debt of the municipality.
Many of the downtown development authorities in the State use the same line of credit financing approach as
the Fort Collins DDA and City of Fort Collins. Because the approach has some steps that amount to busy-work
for municipal finance staff, there was wide support to create an option to transfer much of the administrative
burden to development authorities by allowing them to obtain their own debt, which is what SB23-175 now
offers.
Since this was a new concept enacted into the DDA Act, the DDA and City Finance staff have conferred with
appropriate legal counsel, and based on that began working together to discuss a new line of credit that will be
obtained by the DDA from a bank, and also the process steps that would be embodied in an IGA to achieve
compliance with the DDA Act and clearly define procedural steps between the City, DDA and bank. A flow chart
defining these procedural steps is provided in the last slide of Attachment 1 Slide Presentation.
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Item 9.
It is planned that the intergovernmental agreement, and the line of credit loan promissory note from First
National Bank of Omaha will be presented to the DDA Board in February 2025 for approval, and the
intergovernmental agreement then advanced to the City Council for approval shortly thereafter. This schedule
for adoption is several months ahead of when the 2025 tax increment revenues are released by the County
Treasurer that would be used to pay off draws on the DDA's new line of credit, and this timing is supportive of
the DDA's cashflow timing needs for projects it will be funding in 2025.
Benefits and Impacts of the LOC
When the DDA and City began using the LOC financing approach in 2012, it provided benefits and positive impacts
over the much more expensive forms of financing such as issuance of traditional revenue bonds or private-
placement financing with banks and other investors. Using the LOC approach to finance DDA projects and
programs results in a significantly shorter period of time in which the debt incurs interest. This means that more
funding is available to invest directly into projects and programs in the downtown, and less is spent on finance
fees and interest expenses.
DDA staff analyzed the savings from this approach used between 2012-2024 against that of the other forms of
traditional financing used by the City and DDA in the past. The financial savings is significant. Since 2012, the
LOC total interest and financing fees for $46,671,468 of principal debt was $17,098. In contrast, the total
interest and finance fees for the City/DDA financing approach that traditionally used certificates of participation
and private placement bonds for $15,279,063 of principal debt was $3,412,065.
Other benefits and positive impacts using the LOC include:
• Strong expression of fiduciary stewardship of public funds
• Recognition that investment of tax increment funds, derived from property tax assessments of overlapping
tax entities, creates positive growth in assessed value and thereby increased the value of the property tax
base for all overlapping entities. (82% of the DDA tax increment comes from tax entities other than the City
such as Larimer County and Poudre School District)
• Funding partnerships of the DDA undertaken with the City and private sector have no cost of capital charges
assessed to the projects
• Every draw made on the LOC is paid off within seven (7) days, which means no effect at the end of the
calendar year on the City’s fund balance or City Comprehensive Annual Financial Report
Next Steps & Key Dates
The DDA has met with First National Bank of Omaha and is coordinating with the bank to provide the promissory
note and final term sheet.
The following key dates outline the remaining steps in the schedule to implement the LOC renewal:
DDA Board – Approval of IGA & LOC Promissory Note 2/13/2025
City Council – Approval of IGA 3/4/2025
Discussion / Next Steps;
Mayor Arndt; yes - Makes complete sense – don’t know why there would be any objections.
Kelly Ohlson; would love to see a list of different projects for each year; Capital Asset Maintenance obligations,
multi- year – round dollars, not details
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Item 9.
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Item 9.
File Attachments for Item:
10. Resolution 2025-050 Authorizing the Mayor to Execute a License Agreement with
BNSF Railway Company for Railroad Crossing Signal Equipment within the Public Right-
of-Way for North Timberline Road.
The purpose of this item is to authorize the execution of a License Agreement (the “License
Agreement”) for Railroad Signal Equipment covering 600 square feet (the “License Area”)
located within the boundaries of North Timberline Road at the intersection of Timberline and
Vine for BNSF Railway Company to install and operate railroad crossing signal equipment,
controls, and related infrastructure.
Page 210
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Mark Laken, Civil Engineer II
SUBJECT
Resolution 2025-050 Authorizing the Mayor to Execute a License Agreement with BNSF Railway
Company for Railroad Crossing Signal Equipment within the Public Right-of-Way for North
Timberline Road.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the execution of a License Agreement (the “License Agreement”)
for Railroad Signal Equipment covering 600 square feet (the “License Area”) located within the boundaries
of North Timberline Road at the intersection of Timberline and Vine for BNSF Railway Company to install
and operate railroad crossing signal equipment, controls, and related infrastructure.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City entered into a Grade Crossing Construction and Maintenance Agreement (the “C&M Agreement”)
dated August 14, 2023, with BNSF Railway Company (“BNSF”) to improve the existing Timberline Road
at-grade crossing of the railroad right-of-way (the “Project”). The C&M Agreement was authorized by the
parties and approved by the Colorado Public Utilities Commission and the City and BNSF have executed
it.
The Project will improve public safety and vehicular travel at this crossing. The Project was initiated by the
City and will be financed through state and federal funding sources. However, BNSF will be responsible
for performing any work on its own railroad equipment and fixtures, including the crossing signal equipment,
controls, and related infrastructure (the “Crossing Signal”), and such work includes the initial installation
and all maintenance responsibilities relating to the Crossing Signal.
During the review of the construction plans for the Project, the City discovered that the Crossing Signal
would be located, in part, within City right-of-way, rather than entirely within properties owned by BNSF.
Accordingly, BNSF requested formal documentation from the City permitting the installation and
maintenance of the Crossing Signal. Given the cost of the Crossing Signal, including the potential cost of
removal of the Crossing Signal if a permit were to expire without renewal, BNSF was unwilling to rely on
the standard Encroachment Permit and requested a formal easement from the City. Given the long term
plans for this intersection (an overpass that will obviate the need for this Crossing Signal), City staff decided
that an easement was not appropriate and that a license agreement was the proper mechanism to
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Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
authorize the Crossing Signal, and the parties subsequently negotiated and approved the terms of the
License Agreement.
City staff is seeking Council approval of the License Agreement under the Fort Collins Charter, Article XI,
Section 10 pertaining to Revocable permits, because the terms fall outside of City Code Section 23-116,
which authorizes the City Manager to execute permits and licenses subject to certain conditions.
Specifically, the License Agreement involves the installation of fixtures and improvements that could
require use of the property for more than five years (falls outside of Sec. 23-116(a)(1)) and that could be
considered permanent (falls outside of Sec. 23-116(a)(2). The Fort Collins Charter, Article XI, Section 10
provides, “The Council may grant a permit at any time for the use or occupation of any street, alley, or
public place. Such permit shall be revocable by the Council at its pleasure, whether or not such right to
revoke is expressly reserved in such permit.”
There is no compensation required from BNSF for the License Agreement, because the City requested the
relocation of the Crossing Signal as part of the Project.
CITY FINANCIAL IMPACTS
There are no material financial impacts to the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution 2025-050
2. Exhibit A to Resolution
3. Vicinity Map
4. Grade Crossing Construction and Maintenance Agreement
Page 212
Item 10.
-1-
RESOLUTION 2025-050
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT
WITH BNSF RAILWAY COMPANY FOR RAILROAD CROSSING SIGNAL
EQUIPMENT WITHIN THE PUBLIC RIGHT-OF-WAY FOR NORTH
TIMBERLINE ROAD
A. The purpose of this item is to authorize the Mayor to execute a License
Agreement (the “License Agreement”) with BNSF Railway Company (“BNSF”) for railroad
crossing signal equipment, controls, and related infrastructure (the “Crossing Signal”)
covering 600 square feet (the “License Area”) located within the boundaries of North
Timberline Road at the intersection of Timberline and Vine.
B. To aid vehicular travel and public safety, the City is undertaking a project to
improve the existing at-grade railroad crossing of the railroad right-of-way at the
intersection of Vine Drive and Timberline Road (the “Project”).
C. BNSF owns and operates the line of railroad at this Vine Drive and
Timberline Road railroad crossing. As part of the Project improvements, BNSF plans to
install the Crossing Signal and will be responsible for performing any work on its own
railroad equipment and fixtures.
D. August 14, 2023, the City and BNSF entered into a Grade Crossing
Construction and Maintenance Agreement (the “C&M Agreement”) for the Project as
authorized by the Colorado Public Utilities Commission in proceeding number 23A-
0114R.
E. Review of construction plans for the Project revealed that the Crossing
Signal would be located, in part, within City right-of-way, rather than entirely within
properties owned by BNSF.
F. City staff and BNSF have negotiated and hereby propose the License
Agreement for the City to authorize BNSF to install and maintain the Crossing Signal
within the City right-of-way.
G. The Fort Collins Charter, Article XI, Section 10 provides that the City Council
may grant a permit at any time for the use or occupation of any street, alley, or public
place and that such permit shall be revocable by the Council at its pleasure, whether or
not such right to revoke is expressly reserved in such permit.
H. The City Council finds and determines that the License Agreement is in the
best interests of the City, that it will aid in advancing the public’s health, safety, and
welfare by facilitating the Project, and that the Mayor be authorized to execute the License
Amendment between the City and BNSF.
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Item 10.
-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 the City Council authorizes the Mayor to execute, on behalf of the
City, the License Agreement with BNSF, in substantially the form attached hereto as
Exhibit A, with 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.
Passed and adopted on May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 6, 2025
Approving Attorney: Heather N. Jarvis
Page 214
Item 10.
LICENSE AGREEMENT FOR RAILROAD SIGNAL EQUIPMENT
This License Agreement (the “License”) is entered into on _______________________,
by and between the CITY OF FORT COLLINS, a Colorado municipal corporation, whose
address is 300 LaPorte Avenue, Fort Collins, CO 80521 (“Licensor” or “City”) and BNSF
RAILWAY COMPANY, a Delaware corporation, whose address is 2650 Lou Menk Drive, Fort
Worth, TX 76131 (“Licensee” or “BNSF”) (collectively, the “Parties”).
RECITALS
WHEREAS, the Licensor is the owner of real property in Fort Collins, Larimer County,
Colorado, being that portion of the sixty foot (60’) right-of-way for North Timberline Road located
south of the southern boundary of Licensee’s property, being more particularly shown in Exhibit
A, attached hereto and incorporated herein (“Property”); and
WHEREAS, the Licensee is the owner and operator of a line of railroad in and through
the City of Fort Collins, State of Colorado; and
WHEREAS, on August 14, 2023, the Licensor and Licensee entered into a Construction
and Maintenance (“C&M”) Agreement related to the acquisition and installation of railroad
crossings signals and activation equipment within the Licensee’s right of way; and
WHEREAS, the Licensee is the owner and operator of supplemental safety measures
including but not limited to: crossing signal equipment and crossing signal control house (e.g.
gates, flashers, a radar system, and a signal bungalow) (defined as “Railroad Signal Equipment”);
and
WHEREAS, the Licensor finds that the Licensee’s use for the Property, subject to the
limitations listed herein, is in the best interests of the Licensor, would not impair or impede the
current use, and would not impact the integrity of existing infrastructure located on, about, or under
the Property and Licensed Area (as defined herein); and
WHEREAS, under the Fort Collins Charter, Article XI, Section 10, the City Council may
grant a permit at any time for the use or occupation of any street, alley, or public place, and such
permit shall be revocable by the Council at its pleasure, whether or not such right to revoke is
expressly reserved in such permit; and
WHEREAS, the Licensor is willing to grant a license to the Licensee under the terms,
conditions, and limitations as specified herein and subject to the C&M Agreement, which is
incorporated herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained in this License,
in light of the foregoing Recitals, which the Parties hereby adopt as facts, and subject to the
EXHIBIT A TO RESOLUTION 2025-050
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Item 10.
covenants, conditions, and limitations hereinafter set out, Licensor and Licensee agree as follows:
1.Grant of License. Subject to the terms and conditions set forth herein, the Licensor hereby
grants to Licensee a license to construct, operate, and maintain Railroad Signal Equipment, in the
areas shown on Exhibit A as “Premises,” being six hundred (600) square feet, more or less, of the
Property (the “Licensed Area”). The License granted herein is subject to all existing utility
easements and public improvements, if any, located on, over, under, or across the Property. The
License granted herein is subject to facilitating the regular flow of traffic unobstructed by gates or
the crossing arm except as required for passage of trains. Installation of the Railroad Signal
Equipment is described in plans (the “Plans”), attached hereto and incorporated herein as Exhibit
B, that have been prepared by the Licensee and reviewed and approved by the Licensor and the
Federal Railroad Administration before Licensee’s entry onto the Licensed Area. The complete
plan set for the Railroad Signal Equipment is Exhibit B to this License, but, for purposes of
recordation and execution, only the cover page is attached hereto. Exhibit B in its entirety with
this License is on file with the City of Fort Collins Engineering Department.
2.Consideration. This License is granted in consideration of the mutual promises set forth
herein and other valuable consideration, the receipt and sufficiency of which the Parties hereby
acknowledge.
3.Term. The License shall remain in place so long as the Railroad Signal Equipment remains
installed. This License may be terminated at any time solely at the discretion of either Party, based
on and subject to Fort Collins Charter, Article XI, Section 10, by providing written notice of
termination to Licensee at least ninety (90) days before the anticipated date of such termination.
4.No Interest In Land. Licensee understands, acknowledges, and agrees that this License
does not create an interest or estate in Licensee’s favor in the Licensed Area or Property. The
Licensor retains all legal interest within the Property and Licensed Area. This License merely
grants the Licensee the privilege of entering upon the Licensed Area to conduct activities in
accordance with this License.
5.Limitation in Scope. The License granted to the Licensee is limited in scope and the work
performed shall be as provided for in the Plans approved by Licensor. Licensee may permit
Licensee’s employees, business invitees, contractors, subcontractors, and agents to use the
Licensed Area in accordance with the terms and conditions stated herein.
6.Terms and Conditions.
a.Except as otherwise approved by Licensor, Licensee must work entirely within the
Licensed Area boundary. If Licensee desires to make additional uses of the
Licensed Area or desires to make use of additional property owned by Licensor
outside the Licensed Area, Licensee must request approval from Licensor at least
ten (10) days in advance of intended use, and Licensee shall not begin any
additional uses until receiving Licensor’s approval in writing, which shall be
granted by the acting City Engineer or appropriate designee.
EXHIBIT A TO RESOLUTION 2025-050
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Item 10.
b.Any and all access on, over, under, across and to the Licensed Area shall be along
existing access roads and only under dry conditions, unless the Licensor provides
written consent for alternative access.
c.Licensee shall not grade or otherwise improve, modify, or destroy existing
improvements within the City right-of-way, unless otherwise noted in the approved
Plans.
d.Licensee shall also be responsible for proper disposal of all waste materials and
shall provide litter and sanitation control and properly manage any waste fluids and
toxic substances caused by, related to, or arising out of, Licensee’s exercise of the
rights under this License.
e.The width and scope of any disturbance shall be kept to an absolute minimum
within the Licensed Area. Absolutely no disturbance is allowed outside the uses
permitted herein, including storage, maintenance of, and operation of construction
vehicles, equipment and/or materials within the Licensed Area or upon the
Property.
f.Licensee shall accurately delineate the areas it shall travel and impact before any
construction. Licensee agrees that all flagging and markers will be removed after
construction is completed, but not before Licensor’s post-construction inspection
and approval of site reclamation.
7.Maintenance.
a.Licensee shall assume full responsibility, and at Licensee’s sole expense, for
maintaining the Licensed Area and any Railroad Signal Equipment within the
Licensed Area and any improvements and personal property the Licensee has
placed or will place within the Licensed Area, in accordance with all applicable
ordinances, codes, and regulations.
b.Licensee shall be liable and responsible for all damage to or destruction of the
Property, Licensed Area, or any public improvements, infrastructure, and natural
features located thereon, caused by, related to, or arising out of, Licensee’s exercise
of the rights under this License. If that Licensee’s use of the Licensed Area causes
any damage or destruction, Licensee will remediate the damage to a condition
substantially similar to its condition at the signing of this License and to Licensor’s
satisfaction, unless Licensor and Licensee agree otherwise in writing. Licensor
may exercise immediate reasonable enforcement, restoration, and conservation
actions when such actions are warranted for the protection and preservation of the
Licensed Area or Property, or a portion thereof.
c.If that Licensee situates any improvements on or affixes them to the aforementioned
Licensed Area, Licensee shall keep said improvements in good and workmanlike
repair, and shall maintain the improvements with regularity and reasonable means,
EXHIBIT A TO RESOLUTION 2025-050
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Item 10.
and in reasonable manner.
8.Licensor Use. The Licensor reserves the right to use the Licensed Area for purposes
consistent with the rights and privileges herein granted to Licensee and which will not interfere
with or endanger any of Licensee’s improvements therein or use thereof. The Parties shall work
in good faith to minimize any potential interference between Licensee and ongoing use of the
Licensed Area and Property, or any portion thereof by the Licensor and/or its agents or assigns.
9.No Mechanic’s Liens. Nothing contained herein shall authorize Licensee, or any person
or entity acting through, with or on behalf of Licensee, to subject the Property, Licensed Area, or
any portion thereof, to mechanic’s liens. If any such lien shall be filed against the Property,
Licensed Area, or any portion thereof, and Licensee has caused such lien, Licensee shall cause the
lien to be discharged. If such lien is not discharged within twenty (20) days after receipt of written
notice of the lien by the Licensee, Licensor, at its option, and at the expense of the Licensee, may
enter into, defend, prosecute or pursue any effort or action (whether or not litigation is involved)
that Licensor deems necessary to defend the Property, Licensed Area, or any portion thereof, from
and against such lien.
10.Indemnity. Licensee shall hold harmless and indemnify the Licensor and its employees,
agents, contractors, and elected and appointed officials for any and all liability, liens, or other costs
and/or losses arising from Licensee’s use of the License Area. This indemnity shall include all
costs, attorney fees, expenses and liabilities incurred in connection with any such potential claims,
the investigation thereof or the defense of any action or proceedings brought thereon, and any
judgments, orders, decrees, or liens, resulting therefrom. By requiring this right to
indemnification, Licensor in no way waives or intends to waive the limitations on liability that are
provided to it under the Colorado Governmental Immunity Act, C.R.S., Sections 24-10-101, et
seq., as currently enacted or subsequently amended.
11.Legal Compliance. All of Licensee’s actions while using the Licensed Area must be in
compliance with applicable federal, state, and local laws and regulations and it shall be Licensee’s
responsibility to obtain whatever applicable permits, permissions, and/or approvals that are
necessary for the uses permitted herein.
12.Enforcement and Restoration. Licensor may exercise immediate reasonable enforcement,
restoration and conservation actions when such actions are warranted for the protection and
preservation of the Property and Licensed Area. Should an activity be undertaken on the Licensed
Area or Property, or any portion thereof, to which the parties have not agreed, Licensor may require
Licensee to immediately cease and desist from such activity. In such case, if the unauthorized
activity was performed by Licensee, its employees, agents, guests and invitees, the cost of any
restoration of the Licensed Area, Property, or any portion thereof, shall be borne by Licensee.
13.Insurance Requirements: The Licensee is allowed to self-insure its liabilities associated
under this agreement. Instead of providing a certificate of insurance, Licensee can provide a letter
of self-insurance. The Licensee shall provide the letter to the City’s Risk Manager at this address:
Risk Manager
EXHIBIT A TO RESOLUTION 2025-050
Page 218
Item 10.
City of Fort Collins
215 N. Mason
Fort Collins, CO 80524
14.Removal or Relocation of Railroad Signal Equipment. Any rearrangement, relocation, or
alteration of the Railroad Signal Equipment shall be according to Article IV(9)(H) of the
C&M Agreement, and subject to specifically applicable and lawful Public Utility
Commission rules.
15.Notices. Except as otherwise provided herein, any notice provided pursuant to this License
shall be in writing and sent to the following addresses, unless a Party gives written notice of a
change:
To the Licensor:
City Engineer
City of Fort Collins
281 N. College
Fort Collins, CO 80524
With copies to:
City Attorney
City of Fort Collins
300 Laporte Ave., Bldg A
City of Fort Collins, CO 80521
City Manager
City of Fort Collins
300 Laporte Ave., Bldg A
City of Fort Collins, CO 80521
To the Licensee: BNSF Railway Company
Attn: Corporate Real Estate
2650 Lou Menk Drive, MOB-2
Fort Worth, TX 76131
With a copy to: JLL Rail Practice Group
Attn: Facility Lease Administration
2650 Lou Menk Drive, MOB-2
Fort Worth, TX 76131
16.Complete Agreement. The Parties agree that this License embodies the entire
understanding and agreement of the Parties with respect to the issues referenced herein, and that
this License shall extend to, and be binding upon, the Parties and their respective employees,
agents, contractors, heirs, personal representatives, successors and assigns. This License is
personal to Licensee and may not be assigned without the Licensor’s advance written consent.
EXHIBIT A TO RESOLUTION 2025-050
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Item 10.
17.Governance. This License shall, in all respects, be governed, construed, applied and
enforced in accordance with the laws of the State of Colorado. The Larimer County District Court
shall be the proper venue for all disputes. If the City subsequently agrees in writing that the matter
may be heard in federal court, venue will be in US District Court for the District of Colorado in
Denver. If any provision of this License is held invalid or unenforceable by any court of competent
jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this
License.
18.Counterparts. This License may be executed in any number of counterparts, each of which
shall be deemed an original, and all of which shall constitute one and the same agreement.
Electronic signatures shall be acceptable to and binding upon all Parties.
19.Meaning of “Licensor.” Where this Agreement requires approval from Licensor or notice
to Licensor, it means the City Engineer. Where this Agreement gives Licensor a right, either the
City or its agents may invoke that right.
[Signature page to follow.]
EXHIBIT A TO RESOLUTION 2025-050
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Item 10.
IN WITNESS WHEREOF, the Parties have executed this License as of the day and year first
written above.
LICENSOR:
THE CITY OF FORT COLLINS
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
LICENSEE:
BNSF RAILWAY COMPANY
SIGNATURE
____________________________________
PRINTED NAME
____________________________________
TITLE
ATTEST:
____________________________________
PRINTED NAME
____________________________________
TITLE
EXHIBIT A TO RESOLUTION 2025-050
Page 221
Item 10.
EXHIBIT A
Property and Licensed Area
EXHIBIT A TO RESOLUTION 2025-050
Page 222
Item 10.
EXHIBIT B
The Plans
EXHIBIT A TO RESOLUTION 2025-050
Page 223
Item 10.
Contract Number: BF-20195193
1 of 52
GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT
BNSF File No.: BF-20195193
Mile Post 77.16
Line Segment 476
U.S. DOT Number 244647X
Front Range Subdivision
This Agreement (“Agreement”), is executed to be effective as of [______________]
(“Effective Date”), by and between BNSF RAILWAY COMPANY, a Delaware corporation
(“BNSF”) and the CITY OF FORT COLLINS, a political subdivision of the State of Colorado
(“Agency”).
RECITALS
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Fort Collins,
State of Colorado; and
WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is
undertaking a project to improve the existing Timberline Road at-grade crossing, located at
BNSF Line Segment 476 and Milepost 77.16, and designated by D.O.T. No. 244647X, by
installing railroad crossing signals and activation equipment within the existing roadway
easement across the BNSF right-of-way as indicated on the Exhibit A, attached hereto and
incorporated herein; and
WHEREAS, the Agency is paying for the acquisition and installation of crossing signal
equipment at Timberline Road with State and Federal funds pursuant to 23 U.S.C. § 130;” and
WHEREAS, BNSF agrees to purchase and install, at Agency’s sole expense, the crossing
signal equipment described in the scope of work herein, and upon the terms and conditions set
forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties
contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
ARTICLE I) SCOPE OF WORK
1) The term "Project" as used herein includes any and all work related to the
reconstruction/construction of Timberline Road by Agency and installation of crossing
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signals/activation equipment at U.S. D.O.T No. 244647X, (hereinafter referred to as the
"Crossing") by BNSF, more particularly described on the Exhibit A, including, but not
limited to, any and all changes to telephone, telegraph, signal and electrical lines and
appurtenances, temporary and permanent track work, fencing, grading, alterations to or
new construction of drainage facilities, preliminary and construction engineering and
contract preparation.
2) Nothing herein shall constitute a multiple fiscal year debt or financial obligation of Agency
pursuant to Colorado Constitution, Article X, Section 20. Agency’s obligations under this
Agreement are subject to annual appropriation by the Agency’s City Council, provided that
Agency represents and warrants that the Agency’s obligation for the cost of construction of
the Project as provided herein has either already been approved for expenditure as part of
the current or pending appropriation(s) or is funded by third party sources, including grants,
and not subject to appropriation. Any failure of a City Council annually to appropriate
adequate monies to finance the City’s continuing obligations in subsequent fiscal years
under the Easement or this Agreement shall terminate the Easement, this Agreement, and
the Agency and BNSF’s obligations thereunder at such time as such then-existing
appropriations are to be depleted. Notice shall be given promptly to BNSF of any failure to
appropriate such adequate monies. The parties understand and agree that in the event this
Agreement is terminated pursuant to the provisions of this Section, both parties shall be
relieved of any obligations arising out of this Agreement that would be inconsistent with the
termination of this Agreement. Each party reserves its rights, and acknowledges that the
other party’s rights also are reserved, to seek relief from the Colorado Public Utilities
Commission for any installation, construction, or maintenance obligations arising out of a
Commission decision that would be inconsistent with the termination of this Agreement
hereunder.
3) Agency is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-
72-200.1, et seq. (“CORA”). Any agreements are subject to public disclosure by Agency
pursuant to CORA, the City Charter, and the Code of the City of Fort Collins. Agency shall
immediately notify BNSF if it receives any request pursuant to the CORA that may implicant
any part of this Agreement, with a copy of the written request for information.
ARTICLE II) RAILROAD OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful performance
thereof, BNSF agrees as follows:
1) Upon Agency’s payment to BNSF of an administrative fee in the sum of Two Thousand Five
Hundred and No/100 Dollars ($2,500), together with the Temporary Construction License
Fee in the sum of Zero and No/100 Dollars ($0), BNSF hereby grants to Agency, its
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successors and assigns, upon and subject to the terms and conditions set forth in this
Agreement, a temporary non-exclusive license (hereinafter called, “Temporary Construction
License”) to enter upon and use the portion of BNSF’s right-of-way as is necessary to install
railroad crossing signals and activation equipment, widen, and thereafter maintain, the
Crossing as described further on Exhibit A-1, excepting and reserving BNSF’s rights, and
the rights of any others who have obtained, or may obtain, permission or authority from
BNSF, to do the following:
A. Operate, maintain, renew and/or relocate any and all existing railroad track or tracks,
wires, pipelines and other facilities of like character upon, over or under the surface of
said right-of-way;
B. Construct, operate, maintain, renew and/or relocate upon said right-of-way, without
limitation, such facilities as the BNSF may from time to time deem appropriate;
C. Otherwise use or operate the right-of-way as BNSF may from time to time deem
appropriate.
The term of the Temporary Construction License begins on the Effective Date and ends on
the earlier of (i) substantial completion of the Crossing, or (ii) eighteen (18) months following
the Effective Date. The Temporary Construction License and related rights given by BNSF
to Agency in this provision are without warranty of title of any kind, express or implied, and
no covenant of warranty of title will be implied from the use of any word or words herein
contained. The Temporary Construction License is for construction of the Crossing only
and shall not be used by Agency for any other purpose. Agency acknowledges and agrees
that Agency shall not have the right, under the Temporary Construction License, to use the
Crossing for any other purpose than construction. In the event Agency is evicted by anyone
owning, or claiming title to or any interest in said right-of-way, BNSF will not be liable to
Agency for any damages, losses or any expenses of any nature whatsoever. The granting
of similar rights to others, subsequent to the date of this Agreement, will not impair or
interfere with the rights granted to Agency herein.
Upon Agency’s payment to BNSF of the additional sum of five thousand and No/100 Dollars
($5,000), such payment to be made within thirty (30) days of issuing the Notice to Proceed
pursuant to Article III, Section 16 of this Agreement, and provided further that Agency is in
compliance with the term and conditions of this Agreement, BNSF will grant to Agency, its
successors and assigns, an easement (hereinafter called, the “Easement”) to enter upon
and use that portion of BNSF’s right-of-way as is necessary to use and maintain the
Crossing, substantially in the form of Exhibit B attached to this Agreement. If Agency fails
to pay BNSF within the thirty-day time period set forth in the preceding sentence, BNSF
may stop construction of the Project until full payment is received by BNSF.
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2) BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the
construction of the Project, such railroad work and the estimated cost thereof being as
shown on Exhibit D attached hereto and made a part hereof. In the event construction on
the Project has not commenced within six (6) months following the Effective Date, BNSF
may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D.
In such event, the revised cost estimates will become a part of this Agreement as though
originally set forth herein. Any item of work incidental to the items listed on Exhibit D not
specifically mentioned therein may be included as a part of this Agreement upon written
approval of Agency, which approval will not be unreasonably withheld. Construction of the
Project must include the following railroad work by BNSF:
A. Procurement of materials, equipment and supplies necessary for the railroad work;
B. Preliminary engineering, design, and contract preparation;
C. Furnishing of flagging services during construction of the Project as required and set
forth in further detail on Exhibit C, attached to this Agreement and made a part hereof;
D. Furnishing engineering and inspection as required in connection with the construction
of the Project;
E. Installation of Crossing Signal Equipment and Crossing Signal Control House as
shown on Exhibit A
F. Making such changes in the alignment, location and elevation of its telephone,
telegraph, signal and/or wire lines and appurtenances along, over or under the tracks,
both temporary and permanent, as may become necessary by reason of the
construction of the Project.
3) BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis,
when BNSF, in its sole discretion, determines it is required by its labor agreements to
perform such work with its own employees working under applicable collective bargaining
agreements.
4) Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or
Agency’s contractor in connection with the Project which BNSF deems is reasonably
necessary for the immediate restoration of railroad operations, or for the protection of
persons or BNSF property. Such work may be performed by BNSF without prior approval
of Agency and Agency agrees to fully reimburse BNSF for all such emergency work.
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5) BNSF may charge Agency for insurance expenses, including self-insurance expenses,
when such expenses cover the cost of Employer's Liability (including, without limitation,
liability under the Federal Employer's Liability Act) in connection with the construction of the
Project. Such charges will be considered part of the actual cost of the Project, regardless
of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if
any.
6) During the construction of the Project, BNSF will send Agency progressive invoices
detailing the costs of the railroad work performed by BNSF under this Agreement. Agency
must reimburse BNSF for completed force-account work within thirty (30) days of the date
of the invoice for such work. Upon completion of the Project, as identified by Agency in
writing to BNSF, BNSF will send Agency a detailed invoice of final costs, segregated as to
labor and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this
section and Article IV, Section 7 herein, Agency must pay the final invoice within ninety (90)
days of the date of the final invoice. BNSF will assess a finance charge of .033% per day
(12% per annum) on any unpaid sums or other charges due under this Agreement which
are past its credit terms. The finance charge continues to accrue daily until the date
payment is received by BNSF, not the date payment is made or the date postmarked on
the payment. Finance charges will be assessed on delinquent sums and other charges as
of the end of the month and will be reduced by amounts in dispute and any unposted
payments received by the month’s end. Finance charges will be noted on invoices sent to
Agency under this section
ARTICLE III) AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance thereof,
Agency agrees as follows:
1) Agency must furnish to BNSF plans and specifications for the Project. Said plans (reduced
size 11” x 17”), showing the plan and profile of the roadway work on BNSF right-of-way and
marked as Exhibit A, attached hereto and made a part hereof, must be submitted to BNSF
for the development of railroad cost estimates.
2) Agency must make any required application and obtain all required permits and approvals
for the construction of the Project.
3) Agency must acquire all rights of way necessary for the construction of the Project.
4) Agency must make any and all arrangements, in compliance with BNSF’s Utility
Accommodation Manual https://www.bnsf.com/bnsf-resources/pdf/about-bnsf/utility.pdf, for
the installation or relocation of wire lines, pipe lines and other facilities owned by private
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persons, companies, corporations, political subdivisions or public utilities other than BNSF
which may be necessary for the construction of the Project.
5) Agency must construct the Project as shown on the attached Exhibit A and do all work
(“Agency’s Work”) provided for in the plans and specifications for the Project, except railroad
work that will be performed by BNSF hereunder. Agency must furnish all labor, materials,
tools and equipment for the performance of Agency’s Work. The principal elements of
Agency’s Work are as follows:
A. Design and Reconstruction/Construction of Timberline Road;
B. Installation of a pavement marking stop bar in accordance with the Manual on Uniform
Traffic Control Devices (hereinafter called, “MUTCD”);
C. Installation of advance warning signs in accordance with the MUTCD;
D. Perform all necessary grading and paving, including backfill of excavations and
restoration of disturbed vegetation on BNSF’s right-of-way;
E. Provide suitable drainage, both temporary and permanent;
F. Provide all barricades, lights, flagmen or traffic control devices necessary for preventing
vehicular traffic from using a portion of the Crossing, during the installation of the
Crossing Signal Equipment;
G. Construct asphalt/concrete roadway surface on approaches to each track; and
H. Job site cleanup including removal of all construction materials, concrete debris, surplus
soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the
satisfaction of BNSF.
6) The Agency will approve the location of the signals and signal bungalow prior to the
installation by BNSF.
7) The Agency must have advanced railroad crossing signs and standard pavement markings
in place at the crossing shown on Exhibit A (if the same are required by the MUTCD) prior
to the acceptance of this Project by the Agency.
8) The Agency must give BNSF’s Manager Public Projects written notice to proceed (“Notice
to Proceed”) with the railroad portion of the work after receipt of necessary funds for the
Project. BNSF will not begin the railroad work (including, without limitation, procurement of
supplies, equipment or materials) until written Notice to Proceed is received from Agency.
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9) The Agency’s Work must be performed by Agency or Agency's contractor in a manner that
will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
BNSF shall notify Agency prior to or immediately if any work is endangering or interfering
with the safe and timely operations of BNSF and its facilities.
10) For any future inspection or maintenance, either routine or otherwise, performed by
subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply
with the provisions of the attached Exhibit C and execute the agreement attached hereto
as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency
shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency
employee performing maintenance to complete the safety training program at the BNSF’s
Internet Website “www.contractororientation.com”; notify BNSF when, pursuant to the
requirements of Exhibit C, a flagger is required to be present; procure, and have approved
by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
11) Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30)
calendar days prior to requesting a BNSF flagman in accordance with the requirements of
Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify
BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on
BNSF property or near BNSF tracks.
12) Agency must include the following provisions in any contract with its contractor(s)
performing work on said Project:
A. The Contractor is placed on notice that fiber optic, communication and other cable lines
and systems (collectively, the “Lines”) owned by various telecommunications companies
may be buried on BNSF’s property or right-of-way. The locations of these Lines have
been included on the plans based on information from the telecommunications
companies. The contractor will be responsible for contacting BNSF and the
telecommunications companies and notifying them of any work that may damage these
Lines or facilities and/or interfere with their service. The contractor must also mark all
Lines shown on the plans or marked in the field in order to verify their locations. The
contractor must also use all reasonable methods when working in the BNSF right-of-
way or on BNSF property to determine if any other Lines (fiber optic, cable,
communication or otherwise) may exist.
B. Failure to mark or identify these Lines will be sufficient cause for BNSF’s engineering
representative Rafer Nichols at 303-480-6586 to stop construction at no cost to the
Agency or BNSF until these items are completed.
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C. The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate fully with
any telecommunications company(ies) in performing such rearrangements.
D. To the extent allowed by Colorado law, in addition to the liability terms contained
elsewhere in this Agreement, the Contractor hereby indemnifies, defends and holds
harmless BNSF for, from and against all cost, liability, and expense whatsoever
(including, without limitation, attorney’s fees and court costs and expenses) arising out
of or in any way contributed to by any act or omission of Contractor, its subcontractors,
agents and/or employees that cause or in any way or degree contribute to (1) any
damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents
and/or employees, on BNSF’s property or within BNSF’s right-of-way, (2) any injury to
or death of any person employed by or on behalf of any telecommunications company,
and/or its contractor, agents and/or employees, on BNSF’s property or within BNSF’s
right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue
by, or loss of service by a customer or user of such telecommunication
company(ies).THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE
AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION,
INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR
CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS,
EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS
ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS
NEGLIGENCE OF BNSF.
13) Agency must require compliance with the obligations set forth in this agreement, including
Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the
Project, or the specifications therefor (i) the provisions set forth in Article III and IV; and (ii)
the provisions set forth in Exhibit C and Exhibit C-l, attached hereto and by reference made
a part hereof.
14) Except as otherwise provided below in this Section 14 all construction work performed
hereunder by Agency for the Project will be pursuant to a contract or contracts to be let by
Agency, and all such contracts must include the following:
A. All work performed under such contract or contracts within the limits of BNSF's right-of-
way must be performed in a good and workmanlike manner in accordance with plans
and specifications approved by BNSF;
B. Changes or modifications during construction that affect safety or BNSF operations must
be subject to BNSF's approval;
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C. No work will be commenced within BNSF's right-of-way until each of the prime
contractors employed in connection with said work have (i) executed and delivered to
BNSF an agreement in the form of Exhibit C-l, and (ii) delivered to and secured BNSF's
approval of the required insurance; and
D. If it is in Agency’s best interest, Agency may direct that the construction of the Project
be done by day labor under the direction and control of Agency, or if at any time, in the
opinion of Agency, the contractor has failed to prosecute with diligence the work
specified in and by the terms of said contract, Agency may terminate its contract with
the contractor and take control over the work and proceed to complete the same by day
labor or by employing another contractor(s) provided, however, that any contractor(s)
replacing the original contractor(s) must comply with the obligations in favor of BNSF
set forth above and, provided further, that if such construction is performed by day labor,
Agency will, at its expense, procure and maintain on behalf of BNSF the insurance
required by Exhibit C-1.
E. To facilitate scheduling for the Project, Agency shall have its contractor give BNSF’s
Roadmaster 90 days advance notice of the proposed times and dates for work windows.
BNSF and Agency’s contractor will establish mutually agreeable work windows for the
Project. BNSF has the right at any time to revise or change the work windows, due to
train operations or service obligations. BNSF will make reasonable efforts to provide
advance notice of revisions and changes to work windows, when practicable. BNSF will
not be responsible for any additional costs and expenses resulting from a change in
work windows. Additional costs and expenses resulting from a change in work windows
shall be accounted for in the contractor’s expenses for the Project.
15) Agency must advise the appropriate BNSF Manager Public Projects, in writing, of the
completion date of the Project within thirty (30) days after such completion date.
Additionally, Agency must notify BNSF's Manager Public Projects, in writing, of the date on
which Agency and/or its Contractor will meet with BNSF for the purpose of making final
inspection of the Project.
16) TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, AGENCY HEREBY
RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS
AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND
AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES,
PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,
DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION,
COURT COSTS AND ATTORNEYS’ FEES) OF ANY NATURE, KIND OR DESCRIPTION
OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE
PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF,
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RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE,
OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS,
SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE
AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS
WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR
CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS,
SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (IV) AGENCY’S BREACH OF THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO
ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO
AGENCY PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE OR
EASEMENT DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) AGENCY’S
OCCUPATION AND USE OF BNSF’S PROPERTY OR RIGHT-OF-WAY, INCLUDING,
WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE CROSSING BY
AGENCY, OR (VII) AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS,
INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR
EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY AGENCY WILL NOT BE
AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION,
INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE,
EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE
INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF.
ARTICLE IV - JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the following:
1) All work contemplated in this Agreement must be performed in a good and workmanlike
manner and each portion must be promptly commenced by the party obligated hereunder
to perform the same and thereafter diligently prosecuted to conclusion in its logical order
and sequence. Furthermore, any changes or modifications during construction which affect
BNSF will be subject to BNSF's written acceptance from BNSF’s Manager Public Projects
for Colorado prior to the commencement of any such changes or modifications.
2) The work hereunder must be done in accordance with the Exhibit A and the detailed plans
and specifications approved by BNSF.
3) Agency must require its contractor(s) to reasonably adhere to the Project's construction
schedule for all Project work. The parties hereto mutually agree that BNSF's failure to
complete the railroad work in accordance with the construction schedule due to inclement
weather or unforeseen railroad emergencies will not constitute a breach of this Agreement
by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the
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construction schedule, BNSF reserves the right to reallocate the labor forces assigned to
complete the railroad work in the event of an emergency to provide for the immediate
restoration of railroad operations of either BNSF or its related railroads, or to protect persons
or property on or near any BNSF owned property. BNSF will provide notice to the Agency
of such reallocation as soon as practicable. BNSF will not be liable for any additional costs
or expenses resulting from any such reallocation of its labor forces. The parties mutually
agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct
or indirect consequences or costs resulting from any such reallocation will not constitute a
breach of this Agreement by BNSF.
4) BNSF will have the right to stop construction work on the Project if any of the following
events take place: (i) Agency (or any of its contractors) performs the Project work in a
manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of
its contractors), prosecutes the Project work in a manner that is hazardous to BNSF
property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance
described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv)
Agency fails to pay BNSF for the Temporary Construction License or the Easement
pursuant to Article II, Section 1 of this Agreement. The work stoppage will continue until all
necessary actions are taken by Agency or its contractor to rectify the situation to the
satisfaction of BNSF’s Division Engineer or until proof of additional insurance has been
delivered to and accepted by BNSF. In the event of a breach of (i) this Agreement, (ii) the
Temporary Construction License, or (iii) the Easement, BNSF may terminate the Temporary
Construction License or the Easement. Prior to such termination, BNSF will provide notice
to the Agency and a reasonable period to cure of no less than thirty (30) days. Any such
work stoppage under this provision will not give rise to any liability on the part of BNSF.
BNSF’s right to stop the work is in addition to any other rights BNSF may have including,
but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires
to stop construction work on the Project, BNSF agrees to immediately notify the following
individual in writing:
Fort Collins City Attorney's Office
300 LaPorte Ave.
Fort Collins, CO 80521
Mark Laken
Civil Engineer 2
Engineering Department
City of Fort Collins
128 N College Ave
970-222-3546 mobile
mlaken@fcgov.com
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5) Agency must supervise and inspect the operations of all Agency contractors to ensure
compliance with the plans and specifications approved by BNSF, the terms of this
Agreement and all safety requirements of BNSF. If BNSF determines that proper
supervision and inspection are not being performed by Agency personnel at any time during
construction of the Project, BNSF has the right to stop construction (within or adjacent to its
operating right-of-way). Construction of the Project will not proceed until Agency corrects
the situation to BNSF’s reasonable satisfaction, which shall not be withheld unreasonably.
If BNSF determines the situation is not being corrected in an expeditious manner, BNSF
will immediately notify the Agency for appropriate corrective action.
6) Pursuant to this section and Article II, Section 5 herein, Agency must, reimburse BNSF in
full for the actual costs of all work performed by BNSF under this Agreement (including
taxes, such as applicable sales and use taxes, business and occupation taxes, and similar
taxes), less BNSF’s Share as set forth in Article IV, Section 6 herein. BNSF’s Share must
be paid upon completion of the Project. BNSF shall provide supporting documentation for
all costs invoiced to Agency.
7) All expenses detailed in statements sent to Agency pursuant to Article II, Section56 herein
will comply with the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal
Regulations, and the Federal-Aid Policy Guide, U.S. Department of Transportation, as
amended from time to time, which manual is hereby incorporated into and made a part of
this Agreement by reference. The parties mutually agree that BNSF's preliminary
engineering, design, and contract preparation costs described in Article II, Section 2 herein
are part of the costs of the Project even though such work may have preceded the date of
this Agreement. Upon request or governmental audit, BNSF shall provide supporting
documentation establishing the incurrent or payment by BNSF of all costs invoiced to
Agency.
8) The construction of the Project will not commence until Agency gives BNSF's Manager
Public Projects thirty (30) days prior written notice of such commencement. The
commencement notice will reference BNSF's file number and D.O.T. Crossing No.
244647X and must state the time that construction activities will begin.
9) In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF and
the Agency agree to the following terms upon completion of construction of the Project:
A. Agency will own and be fully responsible for repairs, maintenance, future
construction or reconstruction of the Timberline Road roadway.
B. Agency will maintain the elevation of the Timberline Road roadway approaches to
match the elevation on the railroad track crossing surfaces and to be no more than
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three (3) inches above or six (6) inches below top-of-rail elevation at a distance
measured thirty (30) feet from the nearest rail.
C. Agency will maintain the advanced railroad crossing warning signs and pavement
markings and agrees, to the extent allowed under Colorado law, to hold harmless
and indemnify BNSF for any claims, damages or losses, in whole or in part, caused
by or due to the Agency’s failure to maintain the advanced warning signs and
markings or other requirements of the MUTCD.
D. Agency will do nothing and permit nothing to be done in the maintenance of the
Timberline Road roadway, which will interfere with or endanger facilities of BNSF.
E. It is expressly understood by Agency and BNSF that any right to install utilities will
be governed by a separate permit or license agreement between the parties hereto.
F. BNSF will, at its sole cost and expense, operate and maintain the Crossing Signal
Equipment and Crossing Signal Control House.
G. Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules
or other laws subsequently passed or amended by the Agency or any other
governmental or legislative authority increase the Agency’s portion of maintenance
cost under this Agreement, BNSF will receive the benefit of any such regulations,
ordinances, acts, rules or other laws and the Agency’s increased portion of
maintenance costs will be incorporated into and made a part of this Agreement.
H. If a railway or highway improvement project necessitates rearrangement, relocation,
or alteration of the Crossing Signal Equipment, Crossing Signal House, or a new
crossing surface, the costs for such rearrangement, relocation or alteration will be
the responsibility of the party requesting such changes.
I. If any of the Crossing Signal Equipment is partially or wholly destroyed, then such
repair and/or replacement costs must be distributed among the parties as follows:
i) In the event the BNSF’s sole negligence destroys or damages the Crossing
Signal Equipment and/or the Crossing Signal House, BNSF must, at its sole cost
and expense, replace or repair such Crossing Signal Equipment and/or Crossing
Signal House.
ii) In the event the Crossing Signal Equipment is damaged or destroyed by any
other cause, Agency must reimburse BNSF for the costs to replace or repair
such Crossing Signal Equipment and/or Crossing Signal House.
Page 236
Item 10.
Contract Number: BF-20195193
14 of 52
J. If the Crossing Signal Equipment and/or Crossing Signal House installed hereunder
cannot, through age, be maintained, or by virtue of its obsolescence, requires
replacement, the cost of installation of the new crossing signal equipment and/or new
crossing signal house will be negotiated by the parties hereto on the basis of the
current Federal Aid Railroad Signal Program participation and applicable Agency at
the time of such replacement is warranted.
10) In accordance with the requirements of Article II, Section 9, above, Agency must notify
and obtain prior authorization from BNSF's Manager of Public Projects before entering
BNSF's right-of-way for Inspection and Maintenance purposes and the BNSF Manager of
Public Projects will determine if flagging is required. If the construction work hereunder is
contracted, Agency must require its prime contractor(s) to comply with the obligations set
forth in Exhibit C and Exhibit C-1, as the same may be revised from time to time. Agency
will be responsible for its contractor(s) compliance with such obligations.
11) Any books, papers, records and accounts of the parties hereto relating to the work
hereunder or the costs or expenses for labor and material connected with the construction
will at all reasonable times be open to inspection and audit by the agents and authorized
representatives of the parties hereto, as well as the State of Colorado and the Federal
Highway Administration, for a period of three (3) years from the date of the final BNSF
invoice under this Agreement.
12) The covenants and provisions of this Agreement are binding upon and inure to the
benefit of the successors and assigns of the parties hereto. Notwithstanding the preceding
sentence, neither party hereto may assign any of its rights or obligations hereunder without
the prior written consent of the other party.
13) In the event construction of the Project does not commence within 24 months of the
Effective Date, this Agreement will become null and void.
14) Neither termination nor expiration of this Agreement will release either party from any
liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from
any acts, omissions or events happening prior to the date of termination or expiration.
15) To the maximum extent possible, each provision of this Agreement will be interpreted in
such a manner as to be effective and valid under applicable law. If any provision of this
Agreement is prohibited by, or held to be invalid under, applicable law, such provision will
be ineffective solely to the extent of such prohibition or invalidity and the remainder of the
provision will be enforceable.
Page 237
Item 10.
Contract Number: BF-20195193
15 of 52
16) This Agreement (including exhibits and other documents, manuals, etc. incorporated
herein) is the full and complete agreement between BNSF and Agency with respect to the
subject matter herein and supersedes any and all other prior agreements between the
parties hereto.
17) Any notice provided for herein or concerning this Agreement must be in writing and will
be deemed sufficiently given when sent by certified mail, return receipt requested, to the
parties at the following addresses:
BNSF: BNSF's Manager Public Projects
Rafer Nichols
3700 Globeville Rd.
Denver, CO 80216
Agency: Mark Laken
Civil Engineer 2
Engineering Department
City of Fort Collins
128 N College Ave
970-222-3546 mobile
mlaken@fcgov.com
SIGNATURE PAGE FOLLOWS
Page 238
Item 10.
Contract Number: BF-20195193
16 of 52
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by its duly qualified and authorized officials as of the day and year first above written.
BNSF RAILWAY COMPANY
By:
Printed Name:
Title:
AGENCY
CITY OF FORT COLLINS
WITNESS:
___________________________
By:
Printed Name:
Title: _____________________
APPROVED AS TO FORM:
______________________
&& &'"' '*
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Page 239
Item 10.
Contract Number: BF-20195193
17 of 52
Exhibit A
Plans
Page 240
Item 10.
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Page 247
Item 10.
1
Easement Agreement Form 704CM; Rev. 03/23/2019
EASEMENT AGREEMENT
FOR TIMBERLINE ROAD At-Grade Crossing
(C&M Agreement)
THIS EASEMENT AGREEMENT FOR TIMBERLINE ROAD AT-GRADE CROSSING ("Easement
Agreement") is made and entered into as of the _______ day of _____________________ 20__ ("Effective
Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and the CITY OF
FORT COLLINS, a political subdivision of the State of Colorado ("Grantee").
A. Grantor owns or controls certain real property situated at or near the vicinity of Fort Collins, County
of Larimer, State of Colorado, at Mile Post 77.16, as described or depicted on Exhibit "A" attached hereto and
made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement
dated as of ______________________________________ concerning improvements on or near the Premises
(the “C&M Agreement”).
C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth
in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which terms
shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever reason,
no longer in effect.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the
mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M
Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to herein
as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict accordance
with the terms of this Easement Agreement and the C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over
the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and
all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature
whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and
local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders,
including Environmental Laws (defined below) and zoning laws (collectively, "Laws"). Grantee may not make any
alterations or improvements or perform any maintenance or repair activities within the Premises except in
accordance with the terms and conditions of the C&M Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and
any other parties who may obtain written permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any existing pipe, power, communication, cable, or utility lines and
appurtenances and other facilities or structures of like character (collectively, "Lines")
upon, over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any tracks or additional facilities or structures upon, over, under or across the
Premises; and
Page 248
Item 10.
2
Easement Agreement Form 704CM; Rev. 03/23/2019
(c) to use the Premises in any manner as the Grantor in its sole discretion deems
appropriate, provided Grantor uses all commercially reasonable efforts to avoid material
interference with the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of this
Easement Agreement, shall be perpetual.
Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has
made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal
property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has
not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this
Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR
CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR
WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS
INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED
USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE
PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL
LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected
or will inspect the Premises and enters upon Grantor's rail corridor and property with knowledge of its physical
condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges
that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's Contractors (as
hereinafter defined) can successfully construct or operate the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE
TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE
THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone
owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail
corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the
lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as
may be necessary to obtain any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance,
or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will
provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such
fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of
the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such
natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains,
culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional
dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship
equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of
the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively,
"Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments
necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying
them of any work that may damage these Other Improvements and/or interfere with their service and obtain the
owner’s written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements
on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations.
Grantee must also use all reasonable methods when working on or near Grantor property to determine if any
Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the
above-described premises free and clear from combustible materials and to cut and remove or cause to be cut
and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to
Page 249
Item 10.
3
Easement Agreement Form 704CM; Rev. 03/23/2019
be done at such times and with such frequency as to comply with Grantee and local laws and regulations and
abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-
governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the
Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount
prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental
to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become
obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including
all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and
local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and
Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials
Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and
the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not
maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms
are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the
release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may
now or in the future be defined by any Environmental Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation
of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental
Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any
release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken
on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a
release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the
construction or subsequent maintenance of the Improvements, soils or other materials considered to be
environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils.
Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency
having the capacity and authority to make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment
and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions
or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation
whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's request for
information regarding said conditions or activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory
to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above-
stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor
may, at its option, terminate this Easement Agreement by serving thirty (30) days' notice of termination upon
Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in
Section 9.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly
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perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific
performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of
such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or
remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor
or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of
work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any
obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement
Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving thirty
(30) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the
Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to
terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way
affect Grantor's ability to enforce any section of this Easement Agreement.
8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from
any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are
restored as required by Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and not
in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement,
whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee
shall, at its sole cost and expense, immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and all appurtenances
thereto from the Premises, as Grantor directs at Grantor's sole discretion;
(b) repair and restore any damage to the Premises arising from, growing out of, or
connected with Grantee's use of the Premises;
(c) remedy any unsafe conditions on the Premises created or aggravated by
Grantee; and
(d) leave the Premises in the condition which existed as of the Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct Grantee
to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have
a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor.
The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination
will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or
otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the
date when Grantee's Improvements are removed and the Premises are restored to the condition that existed as
of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any termination of the Easement,
all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises are surrendered.
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction,
alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or attributable to Taxes
that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or
take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the
attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any
such action shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of this
Easement Agreement.
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Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement
Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an
exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with
a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of such
notice. Grantor shall bear all expenses associated with the use of Goldfinch or necessary to qualify this
transaction as a tax-deferred exchange and except as otherwise provided herein, shall protect, reimburse,
indemnify, and hold harmless Grantee from any and all reasonable and necessary additional costs,
expenses, attorney fees, and liabilities which Grantee may incur as a result of Grantor’s use of Goldfinch
or the qualification of this transaction as a tax-deferred transaction.
Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall
be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be
delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft.
Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to
Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in
recordable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached
hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such
form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate records
in the county where the Premises are located. If a Memorandum of Easement is not executed by the parties and
recorded as described above within _90_ days of the Effective Date, Grantor shall have the right to terminate this
Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substantive Laws of the State of [Colorado] without regard to
conflicts of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of
Grantee herein contained shall be the joint and several covenants and agreements of such parties. This instrument
and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the
parties hereto and their respective legal representatives, successors and assigns and shall run with and be binding
upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement
Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other relief to which such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under
present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and
enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions
hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will
be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal,
invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
14.5 This Easement Agreement and the C&M Agreement, which is incorporated herein, is the full and
complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the
Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of
the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of
Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the
parties.
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14.6 Time is of the essence for the performance of this Easement Agreement.
Section 15. Administrative Fee. Grantee acknowledges that a material consideration for this agreement,
without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay
upon return of this Easement Agreement signed by Grantee to Grantor's Broker a processing fee in the amount
of $2,500.00 over and above the agreed upon acquisition price. Said fee shall be made payable to BNSF Railway
Company by a separate check.
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name:
Title:
GRANTEE:
CITY OF FORT COLLINS, a political subdivision of the State of
Colorado
By:
Name:
Title:
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EXHIBIT "A"
Premises
Page 254
Item 10.
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COORDINATE SYSTEM: CO_N
DRAWING NO. 85435DRAWN BY:ANA
1 IN = 50 FTSCALE:
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Page 255
Item 10.
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Easement - Exhibit B Form 704CM; Rev. 03/23/2019
EXHIBIT “B”
MEMORANDUM OF EASEMENT
THIS MEMORANDUM OF EASEMENT is hereby executed this ________ day
of_________________, 20__, by and between BNSF RAILWAY COMPANY, a Delaware
corporation ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive, Fort
Worth, Texas 76131, and the CITY OF FORT COLLINS, a political subdivision of the State of
Colorado (“Grantee"), whose address for purposes of this instrument is
_________________________________, which terms "Grantor" and "Grantee" shall include,
wherever the context permits or requires, singular or plural, and the heirs, legal representatives,
successors and assigns of the respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in Larimer County,
Colorado, as described on Exhibit "A" attached hereto and incorporated herein by reference (the
"Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
_____________________________, 20__ (the "Easement Agreement") which set forth, among
other things, the terms of an easement granted by Grantor to Grantee over and across the Premises
(the "Easement"); and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the
Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledged,
Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over
and across the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement
Agreement, shall be perpetual.
All the terms, conditions, provisions and covenants of the Easement Agreement are
incorporated herein by this reference for all purposes as though written out at length herein, and both
the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a single
instrument or document. This Memorandum of Easement is not intended to amend, modify,
supplement, or supersede any of the provisions of the Easement Agreement and, to the extent there
may be any conflict or inconsistency between the Easement Agreement or this Memorandum of
Easement, the Easement Agreement shall control.
END OF PAGE – SIGNATURE PAGE FOLLOWS
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Easement - Exhibit B Form 704CM; Rev. 03/23/2019
IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of
Easement to as of the date and year first above written.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ______ day of _________________, 20__, by
______________________________ (name) as ___________________________________(title)
of BNSF RAILWAY COMPANY, a Delaware corporation.
Notary Public
My appointment expires:
(Seal)
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Easement - Exhibit B Form 704CM; Rev. 03/23/2019
GRANTEE:
CITY OF FORT COLLINS, a political subdivision
of the State of Colorado
By:
Name:
Title:
STATE OF _______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the ______ day of _______________________,
20__, by ___________________________________ (name) as
______________________________(title) of ___________________________________, a
________________________________________.
Notary Public
My appointment expires:
(Seal)
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EXHIBIT "C"
CONTRACTOR REQUIREMENTS
4) General
A. The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as
"Railway" where work is over or under on or adjacent to Railway property and/or right-of-way,
hereafter referred to as "Railway Property", during the construction of
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________.
B. The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit “C-1”
Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full
force and effect the insurance called for under Section 3 of said Exhibit “C-1”. Questions regarding
procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at
Marsh, USA, 214-303-8519.
C. The Contractor must plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
D. The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to
cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway,
Contractor's activities create a hazard to Railway's Property, employees, and/or operations.
Railway will have the right to stop construction work on the Project if any of the following events
take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner
contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its
subcontractors), in Railway’s opinion, prosecutes the Project work in a manner which is hazardous
to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the
insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv)
Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work
stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to
rectify the situation to the satisfaction of Railway’s Division Engineer or until additional insurance
has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii)
the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the
Temporary Construction License or the Easement. Any such work stoppage under this provision
will not give rise to any liability on the part of Railway. Railway’s right to stop the work is in addition
to any other rights Railway may have including, but not limited to, actions or suits for damages or
lost profits. In the event that Railway desires to stop construction work on the Project, Railway
agrees to immediately notify the following individual in writing:
With copy to:
Fort Collins City Attorney's Office
300 LaPorte Avenue
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Fort Collins, CO 80521
E. The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations, including, but not limited to environmental laws and regulations
(including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean
Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health
and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless
Railway for, from and against all fines or penalties imposed or assessed by Federal, State and
Local Governmental Agencies against the Railway which arise out of Contractor's work under this
Agreement.
F. The Contractor must notify (Agency) at (_____)_________________ and Railway's Manager
Public Projects, telephone number (_____)_________________ at least thirty (30) calendar days
before commencing any work on Railway Property. Contractor’s notification to Railway must refer
to Railway's file ___________.
G. For any bridge demolition and/or falsework above any tracks or any excavations located with any
part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest
track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope
beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to
center line of track, the Contractor must furnish the Railway five sets of working drawings showing
details of construction affecting Railway Property and tracks. The working drawing must include
the proposed method of installation and removal of falsework, shoring or cribbing, not included in
the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For
all excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for Temporary
Shoring” must be used for determining the design loading conditions to be used in shoring design,
and all calculations and submittals must be in accordance with the current “BNSF-UPRR Guidelines
for Temporary Shoring”. All submittal drawings and calculations must be stamped by a registered
professional engineer licensed to practice in the state the project is located. All calculations must
take into consideration railway surcharge loading and must be designed to meet American Railway
Engineering and Maintenance-of-Way Association (previously known as American Railway
Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must
be stamped by a registered professional engineer licensed to practice in the state the project is
located. The Contractor must not begin work until notified by the Railway that plans have been
approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to
place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved
of responsibility for results obtained by the implementation of said approved plans.
H. Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that
the work may be handled and performed in an efficient manner. The Contractor will have no claim
whatsoever for any type of damages or for extra or additional compensation in the event his work
is delayed by the Railway.
5) Contractor Safety Orientation
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A. No employee of the Contractor, its subcontractors, agents or invitees may enter Railway
Property without first having completed Railway’s Engineering Contractor Safety
Orientation, found on the web site www.BNSFContractor.com. The Contractor must ensure
that each of its employees, subcontractors, agents or invitees completes Railway’s
Engineering Contractor Safety Orientation through internet sessions before any work is
performed on the Project. Additionally, the Contractor must ensure that each and every one
of its employees, subcontractors, agents or invitees possesses a card certifying completion
of the Railway Contractor Safety Orientation before entering Railway Property. The
Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The
Contractor must renew the Railway Contractor Safety Orientation annually. Further
clarification can be found on the web site or from the Railway’s Representative.
6) Railway Requirements
A. The Contractor must take protective measures as are necessary to keep railway facilities, including
track ballast, free of sand, debris, and other foreign objects and materials resulting from his
operations. Any damage to railway facilities resulting from Contractor's operations will be repaired
or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency.
B. The Contractor must notify the Railway's Division Engineer ________________________ at
(_____)_________________ and provide blasting plans to the Railway for review seven (7)
calendar days prior to conducting any blasting operations adjacent to or on Railway's Property.
C. The Contractor must abide by the following temporary clearances during construction:
15’-0” Horizontally from centerline of nearest track
21’-6” Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
D. Upon completion of construction, the following clearances shall be maintained:
25’ Horizontally from centerline of nearest track
23’ 6” Vertically above top of rail
E. Any infringement within State statutory clearances due to the Contractor's operations must be
submitted to the Railway and to the (Agency) and must not be undertaken until approved in writing
by the Railway, and until the (Agency) has obtained any necessary authorization from the State
Regulatory Authority for the infringement. No extra compensation will be allowed in the event the
Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's
approval.
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F. In the case of impaired vertical clearance above top of rail, Railway will have the option of installing
tell-tales or other protective devices Railway deems necessary for protection of Railway operations.
The cost of tell-tales or protective devices will be borne by the Agency.
G. The details of construction affecting the Railway's Property and tracks not included in the contract
plans must be submitted to the Railway by (Agency) for approval before work is undertaken and
this work must not be undertaken until approved by the Railway.
H. At other than public road crossings, the Contractor must not move any equipment or materials
across Railway's tracks until permission has been obtained from the Railway. The Contractor must
obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his
equipment or materials across the Railways tracks. The temporary crossing must be gated and
locked at all times when not required for use by the Contractor. The temporary crossing for use of
the Contractor will be constructed and, at the completion of the project, removed at the expense of
the Contractor.
I. Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum,
constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must
immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any
discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway
Property to become a treatment, storage or transfer facility as those terms are defined in the
Resource Conservation and Recovery Act or any state analogue.
J. The Contractor upon completion of the work covered by this contract, must promptly remove from
the Railway's Property all of Contractor's tools, equipment, implements and other materials,
whether brought upon said property by said Contractor or any Subcontractor, employee or agent
of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition
acceptable to the Railway's representative.
7) Contractor Roadway Worker on Track Safety Program and Safety Action Plan
A. Each Contractor that will perform work within 25 feet of the centerline of a track must develop and
implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project
Representative to develop an on track safety strategy as described in the guidelines listed in the
on track safety portion of the Safety Orientation. This Program must provide Roadway Worker
protection/on track training for all employees of the Contractor, its subcontractors, agents or
invitees. This training is reinforced at the job site through job safety briefings. Additionally, each
Contractor must develop and implement the Safety Action Plan, as provided for on the web site
www.BNSFContractor.com, which will be made available to Railway prior to commencement of
any work on Railway Property. During the performance of work, the Contractor must audit its work
activities. The Contractor must designate an on-site Project Supervisor who will serve as the
contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits,
and Material Safety Datasheets (MSDS), at the job site.
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B. Contractor shall have a background investigation performed on all of its employees, subcontractors
and agents who will be performing any services for Railroad under this Agreement which are
determined by Railroad in its sole discretion a) to be on Railroad’s property, or b) that require
access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad’s
Employees, Hazardous Materials on Railroad’s property or is being transported by or otherwise in
the custody of Railroad, or Freight in Transit involving Railroad.
i) The required background screening shall at a minimum meet the rail industry
background screening criteria defined by the e-RAILSAFE Program as outlined at
www.eVerifile.com, in addition to any other applicable regulatory requirements.
ii) Contractor shall obtain written consent from all its employees, subcontractors or
agents screened in compliance with the e-RAILSAFE Program to participate in the
Program on their behalf and to release completed background information to
Railroad’s designee. Contractor shall be subject to periodic audit to ensure
compliance.
iii) Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its
employees, subcontractors or agents to perform services hereunder who are not first
approved under e-RAILSAFE Program standards. Railroad shall have the right to deny
entry onto its premises or access as described in this section above to any of
Contractor's employees, subcontractors or agents who do not display the authorized
identification badge issued by a background screening service meeting the standards
set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be
unreasonable, may pose a threat to the safety or security of Railroad's operations,
assets or personnel.
iv) Contractors shall be responsible for ensuring that its employees, subcontractors and
agents are United States citizens or legally working in the United States under a lawful
and appropriate work VISA or other work authorization.
8) Railway Flagger Services
A. The Contractor must give Railway’s Roadmaster (telephone ________) a minimum of thirty (30)
calendar days advance notice when flagging services will be required so that the Roadmaster can
make appropriate arrangements (i.e., bulletin the flagger’s position). If flagging services are
scheduled in advance by the Contractor and it is subsequently determined by the parties hereto
that such services are no longer necessary, the Contractor must give the Roadmaster five (5)
working days advance notice so that appropriate arrangements can be made to abolish the position
pursuant to union requirements.
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B. Unless determined otherwise by Railway’s Project Representative, Railway flagger will be required
and furnished when Contractor’s work activities are located over, under and/or within twenty-five
(25) feet measured horizontally from centerline of the nearest track and when cranes or similar
equipment positioned beyond 25-feet from the track centerline could foul the track in the event of
tip over or other catastrophic occurrence, but not limited thereto for the following conditions:
i) When, upon inspection by Railway’s Representative, other conditions warrant.
ii) When any excavation is performed below the bottom of tie elevation, if, in the opinion of
Railway's representative, track or other Railway facilities may be subject to movement or
settlement.
iii) When work in any way interferes with the safe operation of trains at timetable speeds.
iv) When any hazard is presented to Railway track, communications, signal, electrical, or other
facilities either due to persons, material, equipment or blasting in the vicinity.
v) Special permission must be obtained from the Railway before moving heavy or cumbersome
objects or equipment which might result in making the track impassable.
C. Flagging services will be performed by qualified Railway flaggers.
i) Flagging crew generally consists of one employee. However, additional personnel may be
required to protect Railway Property and operations, if deemed necessary by the Railways
Representative.
ii) Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day.
iii) The cost of flagger services provided by the Railway will be borne by (Agency). The estimated
cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic
day with time and one-half or double time for overtime, rest days and holidays. The estimated
cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment
insurance, public liability and property damage insurance, health and welfare benefits, vehicle,
transportation, meals, lodging, radio, equipment, supervision and other costs incidental to
performing flagging services. Negotiations for Railway labor or collective bargaining
agreements and rate changes authorized by appropriate Federal authorities may increase
actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF
PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE
THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH.
iv) The average train traffic on this route is ______ freight trains per 24-hour period at a timetable
speed ______ MPH and ______ passenger trains at a timetable speed of ______ MPH.
6) Contractor General Safety Requirements
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A. Work in the proximity of railway track(s) is potentially hazardous where movement of trains and
equipment can occur at any time and in any direction. All work performed by contractors within 25
feet of any track must be in compliance with FRA Roadway Worker Protection Regulations.
B. Before beginning any task on Railway Property, a thorough job safety briefing must be conducted
with all personnel involved with the task and repeated when the personnel or task changes. If the
task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable,
and include the procedures the Contractor will use to protect its employees, subcontractors, agents
or invitees from moving any equipment adjacent to or across any Railway track(s).
C. Workers must not work within 25 feet of the centerline of any track without an on track safety
strategy approved by the Railway’s Project Representative. When authority is provided, every
contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger,
(2) limits of the authority, (3) the method of communication to stop and resume work, and (4)
location of the designated places of safety. Persons or equipment entering flag/work limits that
were not previously job briefed, must notify the flagger immediately, and be given a job briefing
when working within 25 feet of the center line of track.
D. When Contractor employees are required to work on the Railway Property after normal working
hours or on weekends, the Railway's representative in charge of the project must be notified. A
minimum of two employees must be present at all times.
E. Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being
under the influence of drugs or alcohol, or in the possession of same, will be removed from the
Railway's Property and subsequently released to the custody of a representative of Contractor
management. Future access to the Railway's Property by that employee will be denied.
F. Any damage to Railway Property, or any hazard noticed on passing trains must be reported
immediately to the Railway's representative in charge of the project. Any vehicle or machine which
may come in contact with track, signal equipment, or structure (bridge) and could result in a train
derailment must be reported immediately to the Railway representative in charge of the project and
to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are
to be obtained from the Railway representative in charge of the project prior to the start of any work
and must be posted at the job site.
G. For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly
weapons in their possession while working on Railway's Property.
H. All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA
and ANSI specifications. Current Railway personnel protective equipment requirements are listed
on the web site, www.BNSFContractor.com, however, a partial list of the requirements include:
a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety
shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and d) high visibility
retro-reflective work wear. The Railway’s representative in charge of the project is to be contacted
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regarding local specifications for meeting requirements relating to hi-visibility work wear. Hearing
protection, fall protection, gloves, and respirators must be worn as required by State and Federal
regulations. (NOTE – Should there be a discrepancy between the information contained on
the web site and the information in this paragraph, the web site will govern.)
I. THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR
EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY
TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT
WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY
CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE
VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE
CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE
RAILWAY'S REPRESENTATIVE.
J. Machines or vehicles must not be left unattended with the engine running. Parked machines or
equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be
lowered to the ground. All machinery and equipment left unattended on Railway's Property must
be left inoperable and secured against movement. (See internet Engineering Contractor Safety
Orientation program for more detailed specifications)
K. Workers must not create and leave any conditions at the work site that would interfere with water
drainage. Any work performed over water must meet all Federal, State and Local regulations.
L. All power line wires must be considered dangerous and of high voltage unless informed to the
contrary by proper authority. For all power lines the minimum clearance between the lines and any
part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to
500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not
known, a minimum clearance of 45 feet must be maintained. A person must be designated to
observe clearance of the equipment and give a timely warning for all operations where it is difficult
for an operator to maintain the desired clearance by visual means.
7) Excavation
A. Before excavating, the Contractor must determine whether any underground pipe lines, electric
wires, or cables, including fiber optic cable systems are present and located within the Project work
area. The Contractor must determine whether excavation on Railway’s Property could cause
damage to buried cables resulting in delay to Railway traffic and disruption of service to users.
Delays and disruptions to service may cause business interruptions involving loss of revenue and
profits. Before commencing excavation, the Contractor must contact BNSF’s Project Engineer.
All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until
verified with the company having ownership of the line. It is the Contractor's responsibility to
notify any other companies that have underground utilities in the area and arrange for the
location of all underground utilities before excavating.
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B. The Contractor must cease all work and notify the Railway immediately before continuing
excavation in the area if obstructions are encountered which do not appear on drawings. If the
obstruction is a utility and the owner of the utility can be identified, then the Contractor must also
notify the owner immediately. If there is any doubt about the location of underground cables or lines
of any kind, no work must be performed until the exact location has been determined. There will be
no exceptions to these instructions.
C. All excavations must be conducted in compliance with applicable OSHA regulations and,
regardless of depth, must be shored where there is any danger to tracks, structures or personnel.
D. Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or
protected when not being worked on. When leaving work site areas at night and over weekends,
the areas must be secured and left in a condition that will ensure that Railway employees and other
personnel who may be working or passing through the area are protected from all hazards. All
excavations must be back filled as soon as possible.
8) Hazardous Waste, Substances and Material Reporting:
A. If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious
material, including but not limited to any non-containerized commodity or material, on or adjacent
to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while
performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's
Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary
to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with
respect to the release, including the taking of any appropriate measure to minimize the impact of
such release.
9) Personal Injury Reporting
A. The Railway is required to report certain injuries as a part of compliance with Federal Railroad
Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the
Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported
immediately (by phone mail if unable to contact in person) to the Railway's representative in charge
of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be
completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway’s Project
Representative no later than the close of shift on the date of the injury.
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or
automobile accident, ensure that appropriate information is obtained, forms completed and that data entry
personnel are aware that injuries relate to that specific event.)
Injured Person Type:
Passenger on train (C) Non-employee (N)
(i.e., emp of another railroad, or, non-BNSF
in vehicle accident, including company vehicles)
(F) Contractor/non-safety sensitive (G)
(H) Volunteer/other non-safety sensitive (I)
Non-trespasser (D) -
accidents who did not go around or through gates
Trespasser (E) -
who went around or through gates
Non-trespasser (J) - Off railroad property
If train involved, Train ID:
________________________________
Transmit attached information to Accident/Incident Reporting Center by:
Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Reporting.Center@BNSF.com
Officer Providing Information:
(Name) (Employee No.) (Phone #)
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND
PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
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Exhibit “B”
1
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
Please complete this form and provide to the BNSF supervisor, who will input this information into the EHS Star system. For questions,
call (817) 352-1267 or email Safety.IncidentReporting@BNSF.com.
Accident City/State: Date: Time:
County: Temperature: Weather:
(if non-BNSF location)
Name (Last/First/MI):
Age: Gender (if available):
Company:
eRailsafe Badge Number: Expiration Date:
BNSF Contractor Badge Number: Expiration Date:
Injury: _ Body Part:
(e.g., laceration) (e.g., hand)
Description of accident (including how accident occurred, potential cause, etc.):
Work activity in progress at time of accident:
Tools, machinery, or hazardous materials involved in accident:
Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment:
Dr. Name: Date:
Dr. Street Address: City: State: Zip:
Hospital Name:
Hospital Street Address: City: State: Zip:
Diagnosis:
THIS REPORT IS PART OF BNSF’S ACCIDENT REPORT PURSUANT TO THE ACCIDENT REPORTS STATUTE AND, AS SUCH SHALL NOT “BE
ADMITTED AS EVIDENCE OR USED FOR ANY PURPOSE IN ANY SUIT OR ACTION FOR DAMAGES GROWING OUT OF ANY MATTER
MENTIONED IN SAID REPORT….” 49 U.S.C. § 20903. See 49 C.F.R. § 225.7(b).
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EXHIBIT C1
EXHIBIT "C-1"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File: ______________________________________
Agency Project: ______________________________________
CITY OF FORT COLLINS, a/an Other (hereinafter called “Contractor”), has entered into
an agreement (hereinafter called “Agreement”) dated ______________, 20__,
[***Drafter’s Note: insert the date of the contract between the Agency and the
Contractor here] with [Drafter’s Note: insert the name of the Agency here] for the
performance of certain work in connection with the following
project:___________________. Performance of such work will necessarily require
Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of
way and property (hereinafter called "Railway Property"). The Agreement provides that
no work will be commenced within Railway Property until the Contractor employed in
connection with said work for City of Fort Collins, Colorado (i) executes and delivers to
Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and
limits specified in such Agreement and Section 3 herein. If this Agreement is executed
by a party who is not the Owner, General Partner, President or Vice President of
Contractor, Contractor must furnish evidence to Railway certifying that the signatory is
empowered to execute this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon
Railway Property and as an inducement for such entry, Contractor, effective on the date
of the Agreement, has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
A. Contractor hereby waives, releases, indemnifies, defends and holds harmless
Railway for all judgments, awards, claims, demands, and expenses (including
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attorneys' fees), for injury or death to all persons, including Railway's and
Contractor's officers and employees, and for loss and damage to property
belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or any work performed on or
about Railway’s property or right-of-way. THE LIABILITY ASSUMED BY
CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT,
THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE,
EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY
CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE
OF RAILWAY.
B. It is mutually negotiated between the parties that the indemnification
obligation shall include all claims brought by Contractor’s employees
against Railway, its agents, servants, employees or otherwise, and
Contractor expressly waives its immunity under the industrial insurance
act (RCW Title 51) and assumes potential liability for all actions brought by
its employees.
C. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST
RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT,
INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY
APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO
CLAIMED.
D. Contractor further agrees, at its expense, in the name and on behalf of Railway,
that it will adjust and settle all claims made against Railway, and will, at Railway's
discretion, appear and defend any suits or actions of law or in equity brought
against Railway on any claim or cause of action arising or growing out of or in
any manner connected with any liability assumed by Contractor under this
Agreement for which Railway is liable or is alleged to be liable. Railway will give
notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such
claims, and in the event of a suit being brought against Railway, Railway may
forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle
such suits and protect, indemnify, and save harmless Railway from and against
all damages, judgments, decrees, attorney's fees, costs, and expenses growing
out of or resulting from or incident to any such claims or suits.
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E. In addition to any other provision of this Agreement, in the event that all or any
portion of this Article shall be deemed to be inapplicable for any reason, including
without limitation as a result of a decision of an applicable court, legislative
enactment or regulatory order, the parties agree that this Article shall be
interpreted as requiring Contractor to indemnify Railway to the fullest extent
permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES
EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR
RAILWAY’S ACTS OF NEGLIGENCE.
F. It is mutually understood and agreed that the assumption of liabilities and
indemnification provided for in this Agreement survive any termination of this
Agreement.
2) TERM
A. This Agreement is effective from the date of the Agreement until (i) the
completion of the project set forth herein, and (ii) full and complete payment to
Railway of any and all sums or other amounts owing and due hereunder.
3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of this
Agreement the following insurance coverage:
Commercial General Liability insurance. This insurance shall contain broad form
contractual liability with a combined single limit of a minimum of $2,000,000 each
occurrence and an aggregate limit of at least $4,000,000 but in no event less than the
amount otherwise carried by the Contractor. Coverage must be purchased on a post
2004 ISO occurrence form or equivalent and include coverage for, but not limit to the
following:
Bodily Injury and Property Damage
Personal Injury and Advertising Injury
Fire legal liability
Products and completed operations
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This policy shall also contain the following endorsements, which shall be indicated on
the certificate of insurance:
1) The definition of insured contract shall be amended to remove any exclusion
or other limitation for any work being done within 50 feet of railroad property.
2) Waver of subrogation in favor of and acceptable to Railway.
3) Additional insured endorsement in favor of and acceptable to Railway.
4) Separation of insureds.
5) The policy shall be primary and non-contributing with respect to any insurance
carried by Railway.
It is agreed that the workers’ compensation and employers’ liability related
exclusions in the Commercial General Liability insurance policy(s) required herein
are intended to apply to employees of the policy holder and shall not apply to
Railway employees.
No other endorsements limiting coverage as respects obligations under this
Agreement may be included on the policy with regard to the work being performed
under this agreement.
B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least
$1,000,000 per occurrence, and include coverage for, but not limited to the following:
1) Bodily injury and property damage
2) Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
1) Waiver of subrogation in favor of and acceptable to Railway.
2) Additional insured endorsement in favor of and acceptable to Railway.
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3) Separation of insureds.
4) The policy shall be primary and non-contributing with respect to any insurance
carried by Railway.
C. Workers Compensation and Employers Liability insurance including coverage for, but
not limited to:
5) Contractor’s statutory liability under the worker’s compensation laws of the
state(s) in which the work is to be performed. If optional under State law, the
insurance must cover all employees anyway.
6) Employers’ Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
7) Waiver of subrogation in favor of and acceptable to Railway.
(8) Railroad Protective Liability insurance naming only the Railway as the Insured with
coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate.
The policy Must be issued on a standard ISO form CG 00 35 12 04 and include
the following:
1) Endorsed to include the Pollution Exclusion Amendment
2) Endorsed to include the Limited Seepage and Pollution Endorsement.
3) Endorsed to remove any exclusion for punitive damages.
4) No other endorsements restricting coverage may be added.
5) The original policy must be provided to the Railway prior to performing any
work or services under this Agreement
6) Definition of “Physical Damage to Property” shall be endorsed to read: “means
direct and accidental loss of or damage to all property owned by any named
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insured and all property in any named insured’ care, custody, and control
arising out of the acts or omissions of the contractor named on the
Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if
available) in Railway’s Blanket Railroad Protective Liability Insurance Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall contain no
exclusion for punitive damages.
Contractor agrees to waive its right of recovery against Railway for all claims and suits
against Railway. In addition, its insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against Railway for all claims and suits.
Contractor further waives its right of recovery, and its insurers also waive their right of
subrogation against Railway for loss of its owned or leased property or property under
Contractor’s care, custody or control.
Allocated Loss Expense shall be in addition to all policy limits for coverages referenced
above.
Contractor is not allowed to self-insure without the prior written consent of Railway. If
granted by Railway, any self-insured retention or other financial responsibility for claims
shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities
that would otherwise, in accordance with the provisions of this Agreement, be covered by
Contractor’s insurance will be covered as if Contractor elected not to include a deductible,
self-insured retention or other financial responsibility for claims.
Prior to commencing services, Contractor shall furnish to Railway an acceptable
certificate(s) of insurance from an authorized representative evidencing the required
coverage(s), endorsements, and amendments. The certificate should be directed to the
following address:
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
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Email: BNSF@certfocus.com
www.certfocus.com
Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non-
renewal, substitution or material alteration.
Any insurance policy shall be written by a reputable insurance company acceptable to
Railway or with a current Best’s Guide Rating of A- and Class VII or better, and authorized
to do business in the state(s) in which the service is to be provided.
If coverage is purchased on a “claims made” basis, Contractor hereby agrees to maintain
coverage in force for a minimum of three years after expiration, cancellation or termination
of this Agreement. Annually Contractor agrees to provide evidence of such coverage as
required hereunder.
Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s
insurance agent(s)/broker(s), who have been instructed by Contractor to procure the
insurance coverage required by this Agreement.
Not more frequently than once every five years, Railway may reasonably modify the
required insurance coverage to reflect then-current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
If any portion of the operation is to be subcontracted by Contractor, Contractor shall
require that the subcontractor shall provide and maintain insurance coverage(s) as set
forth herein, naming Railway as an additional insured, and shall require that the
subcontractor shall release, defend and indemnify Railway to the same extent and under
the same terms and conditions as Contractor is required to release, defend and indemnify
Railway herein.
Failure to provide evidence as required by this section shall entitle, but not require,
Railway to terminate this Agreement immediately. Acceptance of a certificate that does
not comply with this section shall not operate as a waiver of Contractor's obligations
hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by
Contractor shall not be deemed to release or diminish the liability of Contractor including,
without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by Railway shall not be limited by the amount of the required insurance
coverage.
In the event of a claim or lawsuit involving Railway arising out of this agreement,
Contractor will make available any required policy covering such claim or lawsuit.
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These insurance provisions are intended to be a separate and distinct obligation on the
part of the Contractor. Therefore, these provisions shall be enforceable and Contractor
shall be bound thereby regardless of whether or not indemnity provisions are determined
to be enforceable in the jurisdiction in which the work covered hereunder is performed.
For purposes of this section, Railway shall mean “Burlington Northern Santa Fe LLC”,
“BNSF Railway Company” and the subsidiaries, successors, assigns and affiliates of
each.
4) SALES AND OTHER TAXES
A. In the event applicable sales taxes of a state or political subdivision of a state of
the United States are levied or assessed in connection with and directly related
to any amounts invoiced by Contractor to Railway (“Sales Taxes”), Railway shall
be responsible for paying only the Sales Taxes that Contractor separately states
on the invoice or other billing documents provided to Railway; provided, however,
that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax
exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor
shall be responsible for all sales, use, excise, consumption, services and other
taxes which may accrue on all services, materials, equipment, supplies or
fixtures that Contractor and its subcontractors use or consume in the
performance of this Agreement, (iii) Contractor shall be responsible for Sales
Taxes (together with any penalties, fines or interest thereon) that Contractor fails
to separately state on the invoice or other billing documents provided to Railway
or fails to collect at the time of payment by Railway of invoiced amounts (except
where Railway claims a Sales Tax exemption), and (iv) Contractor shall be
responsible for Sales Taxes (together with any penalties, fines or interest
thereon) if Contractor fails to issue separate invoices for each state in which
Contractor delivers goods, provides services or, if applicable, transfers intangible
rights to Railway.
B. Upon request, Contractor shall provide Railway satisfactory evidence that all
taxes (together with any penalties, fines or interest thereon) that Contractor is
responsible to pay under this Agreement have been paid. If a written claim is
made against Contractor for Sales Taxes with respect to which Railway may be
liable for under this Agreement, Contractor shall promptly notify Railway of such
claim and provide Railway copies of all correspondence received from the taxing
authority. Railway shall have the right to contest, protest, or claim a refund, in
Railway’s own name, any Sales Taxes paid by Railway to Contractor or for which
Railway might otherwise be responsible for under this Agreement; provided,
however, that if Railway is not permitted by law to contest any such Sales Tax in
its own name, Contractor shall, if requested by Railway at Railway’s sole cost
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and expense, contest in Contractor’s own name the validity, applicability or
amount of such Sales Tax and allow Railway to control and conduct such
contest.
C. Railway retains the right to withhold from payments made under this Agreement
amounts required to be withheld under tax laws of any jurisdiction. If Contractor
is claiming a withholding exemption or a reduction in the withholding rate of any
jurisdiction on any payments under this Agreement, before any payments are
made (and in each succeeding period or year as required by law), Contractor
agrees to furnish to Railway a properly completed exemption form prescribed by
such jurisdiction. Contractor shall be responsible for any taxes, interest or
penalties assessed against Railway with respect to withholding taxes that
Railway does not withhold from payments to Contractor.
5) EXHIBIT “C” CONTRACTOR REQUIREMENTS
A. The Contractor must observe and comply with all provisions, obligations,
requirements and limitations contained in the Agreement, and the Contractor
Requirements set forth on Exhibit “C” attached to the Agreement and this
Agreement, including, but not be limited to, payment of all costs incurred for any
damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting
from use, occupancy, or presence of its employees, representatives, or agents or
subcontractors on or about the construction site. Contractor shall execute a
Temporary Construction Crossing Agreement or Private Crossing Agreement
(http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary
crossing requested to aid in the construction of this Project, if approved by BNSF.
6) TRAIN DELAY
A. Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against
all damages arising from any unscheduled delay to a freight or passenger train
which affects Railway's ability to fully utilize its equipment and to meet customer
service and contract obligations. Contractor will be billed, as further provided
below, for the economic losses arising from loss of use of equipment, contractual
loss of incentive pay and bonuses and contractual penalties resulting from train
delays, whether caused by Contractor, or subcontractors, or by the Railway
performing work under this Agreement. Railway agrees that it will not perform
any act to unnecessarily cause train delay.
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B. For loss of use of equipment, Contractor will be billed the current freight train
hour rate per train as determined from Railway's records. Any disruption to train
traffic may cause delays to multiple trains at the same time for the same period.
C. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain
other grain, intermodal, coal and freight trains operate under incentive/penalty
contracts between Railway and its customer(s). Under these arrangements, if
Railway does not meet its contract service commitments, Railway may suffer loss
of performance or incentive pay and/or be subject to penalty payments.
Contractor is responsible for any train performance and incentive penalties or
other contractual economic losses actually incurred by Railway which are
attributable to a train delay caused by Contractor or its subcontractors.
D. The contractual relationship between Railway and its customers is proprietary
and confidential. In the event of a train delay covered by this Agreement,
Railway will share information relevant to any train delay to the extent consistent
with Railway confidentiality obligations. The rate then in effect at the time of
performance by the Contractor hereunder will be used to calculate the actual
costs of train delay pursuant to this agreement.
E. Contractor and its subcontractors must give Railway’s representative
(___________________) _____ (__) weeks advance notice of the times and
dates for proposed work windows. Railway and Contractor will establish mutually
agreeable work windows for the project. Railway has the right at any time to
revise or change the work windows due to train operations or service obligations.
Railway will not be responsible for any additional costs or expenses resulting
from a change in work windows. Additional costs or expenses resulting from a
change in work windows shall be accounted for in Contractor’s expenses for the
project.
F. Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
SIGNATURE PAGE FOLLOWS
Page 279
Item 10.
Contract Number: BF-20195193
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized officer the day and year first above written.
BNSF RAILWAY COMPANY CONTRACTOR
Signature: Signature:
Printed Name: Printed Name:
Title: Manager Public Projects Title:
Date: Date:
Accepted and effective this ______day of 20__.
Contact Person:
Address:
City:
State: Zip:
Fax:
Phone:
E-mail:
Page 280
Item 10.
Contract Number: BF-20195193
EXHIBIT D
Estimate for Railroad Work
Page 281
Item 10.
***** MAINTAIN PROPRIETARY CONFIDENTIALITY *****
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
STATE OF COLORADO
LOCATION SSS NORTH YARD TO NSS NORTH YARD DETAILS OF ESTIMATE PLAN ITEM : 000343001 VERSION : 2
PURPOSE, JUSTIFICATION AND DESCRIPTION
TIMBERLINE - FORT COLLINS, CO; REPLACE CONSTANT WARNING / FLASHERS / GATES / INSTALL CANT; POWDER RIVER DIV; FRONT
RANGE SUBDIV; LS 476; MP 77.16; DOT# 244647X; SEQ# 86813.
MONTHLY POWER UTILITY COST CENTER : 61872.
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THIS ESTIMATE IS GOOD FOR 180 DAYS. THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD.
CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
******************************* SIGNAL WORK ONLY *******************************
THE &,7<2))257&2//,16IS FUNDING 100% OF THIS PROJECT.
MAINTAIN PROPRIETARY CONFIDENTIALITY.
PRIMARY FUNDING SOURCE IS FHWA
** BUY AMERICA(N) APPLIES **
DESCRIPTION QUANTITY U/M COST TOTAL $
**********
LABOR
**********
ELECTRICAL LABOR F/SIGNAL EQUIPMENT 54.0 MH 2,787
INSTALL INSULATED JOINT 28.56 MH 1,111
PLACE FIELD WELDS - CAP 56.93 MH 2,346
SIGNAL FIELD - REPLACE 1160.0 MH 50,307
SIGNAL SHOP LABOR - CAP 0.01 MH 1
PAYROLL ASSOCIATED COSTS 36,965
DA OVERHEADS 61,374
EQUIPMENT EXPENSES 12,575
INSURANCE EXPENSES 9,894
TOTAL LABOR COST 177,360 177,360
*************
MATERIAL
*************
INSUL JT W/PLATES-GENERIC-40 FT-BONDED FOR 3.0 EA ** 6,765
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 6.0 KT ** 459
ADV PREEMPT PACKAGE 1.0 LS N 13,433
ARRESTOR, MDSA-2 XS 1.0 EA N 734
BATTERY, VGL-255 10.0 EA N 2,585
BATTERY, VGL-350 18.0 EA N 6,077
BELLS 2.0 EA N 412
BUNGALOW 8X8 W/ AC 1.0 LS N 14,390
BUNGALOW MATERIAL 1.0 LS N 9,681
CABLE, 2C/6 TW 800.0 FT N 1,192
CABLE, 3C/2 250.0 FT N 1,793
CABLE, 5C/10 350.0 FT N 781
CABLE, 5C/6 500.0 FT N 2,505
CABLE, 7C/14 500.0 FT N 1,030
CANTILEVER (REQUIRES QUOTE) 1.0 EA N 21,200
CHARGERS, 12/80 (20/40/60) 2.0 EA N 2,995
CONSTANT WARNING, XP4, 2TK 1.0 EA N 28,460
ELECTRICAL MATERIAL 1.0 LS N 1,500
EVENT RECORDER 1.0 EA N 5,657
FIELD MATERIAL 1.0 LS N 9,461
FILL DIRT 20.0 CY N 500
FOUNDATION, CANT 1.0 EA N 3,318
FOUNDATION, CONCRETE 2.0 EA N 547
GATE KEEPER 2.0 EA N 2,733
GATE MECHANISM, S-60 2.0 EA N 10,909
LED LIGHT 20.0 EA N 4,479
SHUNT, NBS 4.0 EA N 3,964
SIDELIGHT, 1-WAY 1.0 EA N 849
Page 282
Item 10.
SIDELIGHT, 2-WAY 1.0 EA N 2,145
SURFACE ROCK 10.0 CY N 500
MATERIAL HANDLING 360
ONLINE TRANSPORTATION 1
USE TAX 10,639
OFFLINE TRANSPORTATION 1,929
TOTAL MATERIAL COST 173,983 173,983
**********
OTHER
**********
AC POWER SERVICE 1.0 EA N 10,000
BUNGALOW, WIRE AND TEST 1.0 LS N 12,840
CONTRACT ENGINEERING 1.0 LS N 14,000
CONTRACT FLAGGING/SIGNS/CONES 1.0 LS N 6,000
DIRECTIONAL BORING 200.0 FT N 17,000
TRAFFIC ENGINEERING STUDY 1.0 LS N 30,000
TOTAL OTHER ITEMS COST 89,840 89,840
PROJECT SUBTOTAL 441,183
CONTINGENCIES 41,586
BILL PREPARATION FEE 4,828
GROSS PROJECT COST 487,597
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 487,597
Page 283
Item 10.
Vicinity Map
Page 284
Item 10.
File Attachments for Item:
11. Resolution 2025-051 Supporting the City’s Renewal as a Certified Bird City.
The purpose of this item is to renew Fort Collins’ designation as a Bird City. Renewal requires a
Council resolution, a public celebration of World Migratory Bird Day, and a submission of an
updated application documenting the City’s actions to support bird populations.
Page 285
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Zoë Shark, Natural Areas Community Connection & Protection Manager
Katie Donahue, Natural Areas Director
SUBJECT
Resolution 2025-051 Supporting the City’s Renewal as a Certified Bird City.
EXECUTIVE SUMMARY
The purpose of this item is to renew Fort Collins’ designation as a Bird City. Renewal requires a Council
resolution, a public celebration of World Migratory Bird Day, and a submission of an updated application
documenting the City’s actions to support bird populations.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City received Bird City designation in 2022 as part of Council’s priority to “Help Bird Species Recover.”
The renewal provides an opportunity to document and celebrate the community’s ongoing commitment to
protecting bird habitats and species.
The City is hosting a World Migratory Bird Day celebration on May 11, 2025, at Fossil Creek Reservoir
Natural Area. Find details at fcgov.com/register.
The renewal application was a collaborative effort involving five City departments -- Natural Areas, Parks,
Gardens on Spring Creek, Environmental Services, and Utilities, and three partner organizations: Bird
Conservancy of the Rockies, Audubon Rockies, and the Northern Colorado Bird Alliance (formerly Fort
Collins Audubon).
Bird City Colorado was created by and is managed by Environment for the Americas, a Boulder, Colorado-
based non-profit organization that “connects diverse people to birds and nature and inspires the next
generation of conservationists through education, outreach, research, and trainings”
environmentamericas.org/about/mission/ .
The City is interested in renewing the certification as efforts to support native birds have continued including
ongoing land conservation and restoration efforts, annual World Migratory Bird Day celebrations, work to
protect dark skies, partnerships with local bird conservation organizations, and ongoing educational
outreach. The renewed certification documents and highlights this important work.
Page 286
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The Bird City certification renewal was prepared collaboratively by community volunteers who donated
their time and City staff, using existing capacity. The $200 renewal fee will be paid by the Natural Areas
Department.
World Migratory Bird Day celebratory activities are free of charge for community participants thanks to the
collaboration between City of Fort Collins Natural Areas Department, Bird Conservancy of the Rockies,
Audubon Rockies, Rocky Mountain Raptor Program, and Northern Colorado Bird Alliance.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Land Conservation and Stewardship Board supported the resolution at its April 9, 2025, meeting.
Board members requested clarification on the sponsoring organization, which has been included here. An
excerpt of the meeting minutes is attached.
PUBLIC OUTREACH
While no specific outreach was conducted regarding the Bird City renewal, community support is reflected
in participation at World Migratory Bird Day celebrations -- 279 people have attended 6 events since 2022.
ATTACHMENTS
1. Resolution 2025-051
2. Land Conservation and Stewardship Board Minutes, April 9, 2025 (excerpt)
Page 287
Item 11.
-1-
RESOLUTION 2025-051
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING THE CITY’S RENEWAL AS A CERTIFIED BIRD
CITY
A. Fort Collins was recognized as a Bird City in 2022 as part of City Council’s
priority to “Help Bird Species Recover.”
B. Migratory songbirds are celebrated as symbolic harbingers of spring and
play an important role in our community by controlling insect pests, pollinating plants and
dispersing seeds.
C. Migratory birds and their habitats are declining, facing a growing number of
threats on their migration routes and in both their summer and winter homes .
D. The Fort Collins community has invested in creating and maintaining
habitats through a network of conserved natural areas and parks that provide critical
habitats for birds.
E. Community members who are enthusiastic about birds, informed about the
threats faced, and knowledgeable about ways to help can directly contribute to helping
bird species recover.
F. Lighting can impact migration and the City of Fort Collins is already working
to preserve dark skies through best practices in outdoor lighting, model lighting codes,
and night sky monitoring.
G. Since 1993, World Migratory Bird Day (WMBD) has become a vehicle for
focusing public attention on the nearly 350 species that travel between nesting habitats
in our communities and throughout North America and their wintering grounds.
H. The City has celebrated WMBD with free public activities each May since
2022, and a community celebration of WMBD is a call to action and a required element
of the Bird City certification application.
I. The City’s natural areas, parks, and environmental services departments,
and Gardens on Spring Creek in partnership with Audubon Rockies, Bird Conservancy of
the Rockies, and Fort Collins Bird Alliance will submit an updated renewal application for
Bird City certification by July 1, 2025.
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 strongly supports the celebration of World Migratory
Bird Day in 2025 and each year in the future.
Page 288
Item 11.
-2-
Section 2. The City Council strongly supports the Fort Collins community’s
application to renew as a certified Bird City.
Section 3. The City Council strongly supports night sky protection efforts for
both wildlife and people.
Passed and adopted on May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 6, 2025
Approving Attorney: April Silva
Page 289
Item 11.
Land Conservation & Stewardship Board
April 9, 2025
Regular Meeting – Excerpt
Members:
Ross Cunniff, Chair Elena Lopez, Member
Scott Mason, Vice Chair River Mizell, Member
Denise Culver, Member Mark Sears, Member
Jennifer Gooden, Member Tom Shoemaker, Member
Holger Kley, Member
4/9 /20 25
1. CALL TO ORDER: Meeting was called to order at 5:30 pm.
2. ROLL CALL:
LCSB: Holger Kley, Mark Sears, Tom Shoemaker, Scott Mason, Ross Cunniff, Elena
Lopez, River Mizell (Member Mizell left the meeting at 5:53 p.m.)
Excused: Jennifer Gooden, Denise Culver
NAD Staff: Katie Donahue, Kelly Smith, Zoë Shark, Julia Feder, Tawnya Ernst, Emily
Shingler, Mary Boyts, Ryan Vincent, Matt Parker
City Staff: Dave Kemp, Jill Wuertz, Nicole Poncelet-Johnson
Excerpt related to this Council Meeting Agenda Item: Resolution to Renew Bird City
Certification
7. ACTION ITEMS
Bird City Certification
Zoë Shark, Natural Areas Community Connection & Protection Manager stated she was seeking
Board support for the renewal of the City’s Bird City certification awarded in 2022. She provided a brief
background of the program, the certification requirements, and noted the 2022 City Council priority to
Help Bird Species Recover. Zoë reported bird conservation in Fort Collins is a collaborative community
effort that includes multiple City departments and partner agencies.
Discussion
Q. What is the name of the certifying organization?
A. Environment for the Americas, environmentamericas.org
The LCSB expressed thanks to everyone involved in the work and their support of the proposed
resolution.
Member Sears made a motion to recommend the City Council approve the resolution to renew the
City of Fort Collins certification as a Bird City. Member Shoemaker seconded the motion. The
motion was unanimously approved 7-0.
Page 290
Item 11.
File Attachments for Item:
12. Resolution 2025-052 Concerning the Fort Collins Urban Renewal Authority and its Tax
Increment Revenue Refunding and Improvement Bonds (North College Tax Increment
Urban Renewal Area), Series 2025; Declaring the City Council’s Present Intent to
Appropriate Funds to Replenish the Reserve Fund Securing Such Bonds, if Necessary;
and Authorizing a Cooperation Agreement and Other Actions Taken in Connection
Therewith.
The purpose of this item is for the Council to consider a Replenishment Resolution, which both
provides a “Moral Obligation Pledge” to the Fort Collins Urban Renewal Authority (the
“Authority”) and approves a Cooperation Agreement between the City and Authority in
connection with the revenue bond issuance approved by the URA Board at its April 24, 2025,
meeting.
The Authority will be issuing additional bonds against the North College projected tax increment
revenues. The bond proceeds will be used to fund the acquisition of blighted properties, support
blight remediation through redevelopment of the same properties, and invest in additional public
infrastructure. All proceeds will be expended by direction and with the approval of the Authority
board. As part of this bond issuance, the Authority is seeking a “Moral Obligation Pledge” from
the City of Fort Collins (the “City”). The pledge would result in improved bond ratings and
reduced debt service costs to the Authority.
Page 291
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Josh Birks, Deputy Director, Sustainability Services
SUBJECT
Resolution 2025-052 Concerning the Fort Collins Urban Renewal Authority and its Tax Increment
Revenue Refunding and Improvement Bonds (North College Tax Increment Urban Renewal Area),
Series 2025; Declaring the City Council’s Present Intent to Appropriate Funds to Replenish the
Reserve Fund Securing Such Bonds, if Necessary; and Authorizing a Cooperation Agreement and
Other Actions Taken in Connection Therewith.
EXECUTIVE SUMMARY
The purpose of this item is for the Council to consider a Replenishment Resolution, which both provides a
“Moral Obligation Pledge” to the Fort Collins Urban Renewal Authority (the “Authority”) and approves a
Cooperation Agreement between the City and Authority in connection with the revenue bond issuance
approved by the URA Board at its April 24, 2025, meeting.
The Authority will be issuing additional bonds against the North College projected tax increment revenues.
The bond proceeds will be used to fund the acquisition of blighted properties, support blight remediation
through redevelopment of the same properties, and invest in additional public infrastructure. All proceeds
will be expended by direction and with the approval of the Authority board. As part of this bond issuance,
the Authority is seeking a “Moral Obligation Pledge” from the City of Fort Collins (the “City”). The pledge
would result in improved bond ratings and reduced debt service costs to the Authority.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2018, the Authority commissioned a professional third-party analysis of opportunities for potential
investment within the North College Urban Renewal Plan Area (the “Plan Area”). The analysis culminated
in a report, and in 2019, the report was followed and considered by key community stakeholders. The report
culminated with three categories of proposed investment and targeted allocations for each:
1. Complete, Vibrant neighborhoods (25%)
2. Community Hub (50%)
3. Infrastructure Improvements (25%)
Page 292
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Since 2020 and the completion of the Community Investment Plan, an assortment of opportunities,
challenges, and policy objectives have emerged. The Authority has responded to these opportunities by
entering into purchase and sale agreements for two blighted properties, pursuing additional blighted
properties within the plan area, considering support of a proposed middle income deed restricted housing
project, support of pedestrian improvements at the intersection of Jerome and Vine Drive.
CURRENT & PLANNED PROPERTY ACQUISITIONS
Beginning in late 2022, the Authority began discussions with the owner of 1636 North College Avenue
(currently a vacant grocery store) regarding the potential sale of the property to the Authority. Negotiations
occurred across 2023 and 2024 culminating in consideration and approval by the Authority of a Purchase
and Sale Agreement (“PSA”) for $7,636,050.
Starting in late 2024, the Authority approached the owner of 1513 North College Avenue (currently a motel
call “Budget Host”) regarding the potential sale of the property. Negotiations occurred quickly, on January
23, 2025, the Authority board considered and approved a PSA for $2.15 million.
Together, acquisition of both properties will enable the Authority to cure, mitigate, and/or prevent the spread
of blight conditions within the Plan Area. The acquisition of property is one of the enumerated powers of
the Authority in Colorado statutes. The cost to acquire both properties totals approximately $9.79 million.
Authority staff are engaging with additional property owners adjacent to 1636 N. College and other
nuisance properties (like 1513 N. College) regarding the potential sale of property. Collectively these
properties could require an additional $5 to $6 million.
OTHER AUTHORITY PLANS
At this time, the Authority is considering a range of investments that could total over $19.0 million - $9.8
million (1636 N. College and 1513 N. College), up to an additional $6.0 million in property acquisitions,
$3.2 million to support middle-income and deed restricted housing at 302 Conifer). Current cash on hand
(approximately $8.0 million) falls short of this amount.
FUNDING AUTHORITY ACTIVITIES
At the end of 2024, Authority staff asked its municipal advisor (Melissa Buck with UMB Financial Services,
Inc.) to analyze several scenarios to fund the proposed activities. These scenarios included pay-as-you-go
and issuing bonds. The projected cash balance, both now and in the future, will not fund the projects based
on current anticipated timing (e.g., current cash-on-hand is insufficient to acquire both 1636 N. College and
1513 N. College). However, an initial analysis suggests that the projected Tax Increment Revenue (“TIF”)
to be collected within the Plan Area could be leveraged into a bond issuance of approximately $12.4 million.
This combined with the current cash balance of $8.0 million would create cash-on-hand sufficient to meet
the projected cash flow needs of the Authority.
CITY’S MORAL OBLIGATION PLEDGE
The Authority is seeking a “Moral Obligation Pledge” from the City to receive a more favorable bond rating
and interest rate. The moral obligation expresses the City’s intent to appropriate funds for the replenishment
of the Reserve Fund or the repayment of any draws under any Reserve Fund Policy, if necessary. However,
the City will not be legally obligated to make any debt service payments in the event of default by the
Authority. In addition, any such payments by the City will be subject to appropriation by City Council, which
the Council may elect in its sole discretion to do or not. Furthermore, the City and Authority will enter into
a Cooperation Agreement to govern the terms and conditions surrounding any payments made by the City
in conjunction with this replenishment resolution.
Page 293
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PAST MORAL OBLIGATION PLEDGES
The City has provided moral obligations pledges on all previous Authority revenue bonds. These include
both the North College Series 2013 Revenue Bonds and the Prospect South Series 2019 Revenue Bonds.
Since those pledges, the Authority has made on-time and full payments on each of those Bonds.
Additionally, current financial forecasts indicate that the Authority will have sufficient revenue – barring any
unforeseen changes in property values – to make all remaining payments.
CITY FINANCIAL IMPACTS
There are no immediate and direct financial impacts on the City. The property tax revenue in the North
College Plan Area is unlikely to decline enough to trigger the use of the Reserve Fund; therefore, the need
for the City to appropriate funds from the Reserve Fund may not be likely to arise.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff presented this item to the Council Finance Committee on April 3, 2025, the Authority Finance
Committee on April 10, 2025, and the Authority Board on April 24, 2025. Each Committee and the Authority
Board recommended proceeding with the issuance and sale of the proposed tax increment revenue and
refunding bonds. The Authority Board adopted its Resolution 144, Series 2025, in which it made related
determinations and findings, and approved the Cooperation Agreement with the City attached to this item.
Additionally, the Council Finance Committee recommend forwarding the consideration of the City’s “Moral
Obligation Pledge” to the full council for consideration with their endorsement.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution 2025-052
2. Exhibit A to Resolution
3. Council Finance Committee Minutes, April 2, 2025 (excerpt)
Page 294
Item 12.
- 1 -
RESOLUTION 2025-052
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONCERNING THE FORT COLLINS URBAN RENEWAL AUTHORITY AND ITS TAX
INCREMENT REVENUE REFUNDING AND IMPROVEMENT BONDS (NORTH
COLLEGE TAX INCREMENT URBAN RENEWAL AREA), SERIES 2025; DECLARING
THE CITY COUNCIL’S PRESENT INTENT TO APPROPRIATE FUNDS TO
REPLENISH THE RESERVE FUND SECURING SUCH BONDS, IF NECESSARY;
AND AUTHORIZING A COOPERATION AGREEMENT AND OTHER ACTIONS
TAKEN IN CONNECTION THEREWITH.
A. City Council (the “City Council”) of the City of Fort Collins, Colorado (the
“City”) created the Fort Collins Urban Renewal Authority (“Authority”) to transact business
and exercise its powers as an urban renewal authority pursuant to the Colorado Urban
Renewal Law, Part 1 of Article 31, Title 31 of the Colorado Revised Statutes, as amended
(the “Act”).
B. On December 21, 2004, City Council adopted and approved Resolution
2004-152 which authorized and approved the “North College Urban Renewal Plan” as an
urban renewal plan under the Act (the “Plan”) for the area described therein (the “Plan
Area”).
C. The Board of Commissioners of the Authority (the “Board”) determined that
it is advantageous and in the best interests of the Authority to acquire, demolish, renovate
and construct various capital projects within the Plan Area, including, but not limited to,
acquiring and renovating an abandoned grocery store and neighboring properties,
acquiring, renovating, and equipping certain nuisance properties and miscellaneous
capital expenditures for and in connection with the urban renewal project within the Plan
Area (collectively, the “Project”).
D. The Authority has previously issued and has outstanding its Fort Collins
Urban Renewal Authority, Tax Increment Revenue Bonds (“North College Tax Increment
Urban Renewal Area”), Series 2013 (the “Prior Bonds”).
E. On April 24, 2025, the Board, by adopting Resolution No. 144, Series 2025,
determined that it is advantageous and in the best interests of the Authority to refund all
of the outstanding Prior Bonds, subject to market conditions being favorable and
conducive to achieving meaningful debt service savings (the “Refunding”); and, further,
by Resolution No. 144, Series 2025, the Board determined that it is in the best interest of
the Authority and the citizens of the City that the Authority now issue tax increment
revenue bonds in the maximum aggregate principal amount of $18,000,000.0 0 (the
“Series 2025 Bonds”) for the purpose of financing the Project and the Refunding, pursuant
to and in accordance with the Plan and the Act.
F. The Series 2025 Bonds will be issued under and pursuant to an Indenture
of Trust (the “Indenture”) between the Authority and U.S. Bank Trust Company, National
Association, as trustee (the “Trustee”).
Page 295
Item 12.
- 2 -
G. A reserve fund (the “Reserve Fund”) will be created under the Indenture to
secure the payment of the Series 2025 Bonds and such Reserve Fund is required to be
maintained in an amount equal to the Reserve Fund Requirement (as defined in the
Indenture).
H. The Indenture provides that the Reserve Fund may either be cash funded
or that a surety bond, insurance policy or other agreement guaranteeing payment
(collectively referred to herein as a “Reserve Fund Policy”) may be deposited in the
Reserve Fund.
I. The City Council wishes to make a non -binding statement of its present
intent with respect to the appropriation of funds for the replenishment of the Reserve Fund
or the repayment of any draws made under any Reserve Fund Policy, if necessary, and
to authorize and direct the City Manager to take certain actions for the purpose of causing
requests for any such appropriation to be presented to the City Council for consideration.
J. In connection with the issuance of the Series 2025 Bonds, it is necessary
and in the best interests of the City to enter into a Cooperation Agreement (the
“Cooperation Agreement”) between the City and the Authority. Exhibit A, the proposed
form of the Cooperation Agreement, is attached hereto and incorporated herein by
reference.
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. Finding of Best Interests and Public Purpose . The City Council
hereby finds and determines, pursuant to the Constitution, the laws of the State and the
City’s Charter, and in accordance with the foregoing recitals, that adopting this
Resolution, entering into the Cooperation Agreement, and facilitating the issuance of the
Series 2025 Bonds by the Authority to finance the Project and the Refunding are
necessary, convenient, and in furtherance of the City’s purposes and are in the best
interests of the inhabitants of the City.
Section 2. Replenishment of Reserve Fund; Declaration of Intent. To the extent
that the Reserve Fund is cash funded, within 90 days after the City’s receipt of the written
notice from the Trustee of a draw on the Reserve Fund, to the extent that such draw has
not been replenished by another source, as provided in Section 4.06 of the Indenture (the
“Written Notice”), the City shall replenish the Reserve Fund t o the Reserve Fund
Requirement from legally available funds of the City, subject to appropriation by the City
Council in its sole discretion. Any such City payment (the “City Payment”) shall be made
directly to the Trustee for deposit in the Reserve Fund i n immediately available funds
pursuant to the instructions set forth in the Written Notice. It is the present intention and
expectation of the City Council to appropriate the City Payment requested in any such
Written Notice received by the City, within the limits of available funds and revenues, but
this declaration of intent shall not be binding upon the City Council or any future City
Page 296
Item 12.
- 3 -
Council in any future fiscal year. The City Payments shall constitute currently appropriated
expenditures of the City.
If a Reserve Fund Policy is deposited in the Reserve Fund and the City receives
written notice from the Trustee that it has drawn on the Reserve Fund Policy and such
draw has not been repaid by another source, the City shall repay the provider of the
Reserve Fund Policy in the amount of such draw, plus any interest due thereon, from
legally available funds of the City, subject to appropriation by the City Council in its sole
discretion. Any such payment shall be made directly to the provider of the Reserve Fu nd
Policy. It is the present intention and expectation of the City Council to appropriate
moneys to repay the provider of any Reserve Fund Policy in the event of a draw
thereunder, within the limits of available funds and revenues, but this declaration of intent
shall not be binding upon the City Council or any future City Council in any future fiscal
year. Any such payments shall constitute currently appropriated expenditures of the City.
This Resolution shall not create a general obligation or other indeb tedness or
multiple fiscal year direct or indirect debt or other financial obligation of the City within the
meaning of its Home Rule Charter or any constitutional debt limitation, including Article
X, Section 20 of the Colorado Constitution. Neither this Resolution nor the issuance of
the Series 2025 Bonds shall obligate or compel the City to make City Payments or to
repay the provider of any Reserve Fund Policy in the event of a draw thereunder beyond
those appropriated in the City Council’s sole discretion.
Section 3. Direction to City Manager. To the extent that the Reserve Fund is
cash funded, within five (5) Business Days following a draw on the Reserve Fund to pay
the debt service requirements on the Series 2025 Bonds, to the extent any such draw is
not replenished from another source, the Trustee is required under Section 4.06 of the
Indenture to provide Written Notice of such draw to the City. The Written Notice shall state
the amount required to be paid by the City to restore the Reserve Fund to the Reserve
Fund Requirement after replenishment from all other sources available under the
Indenture. The Written Notice shall also include instructions for making the City Payment.
Any such Written Notice is required to be sent to the City Manager. Upon rec eipt of a
Written Notice by the City Manager, the City Council hereby authorizes and directs the
City Manager to prepare and submit to the City Council a request for an appropriation of
the amount set forth in the Written Notice. Such request shall be made in sufficient time
to enable the City to make the City Payment within 90 days of receipt of the Written Notice
as provided in Section 1 hereof.
If a Reserve Fund Policy is deposited in the Reserve Fund and the City receives
written notice from the Trustee that a draw has been made on the Reserve Fund Policy
and such draw has not been repaid from another source, the City Council hereby directs
the City Manager, upon receipt of such notice, to forthwith prepare and submit to the City
Council a request for an appropriation in an amount sufficient to repay the provider of
such Reserve Fund Policy for such draw, plus any interest due thereon.
Section 4. Repayment of Amounts Appropriated. If the City Council
appropriates funds to make a payment as contemplated by Section 1 hereof, any amounts
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actually transferred by the City to the Trustee in accordance with the provisions of Section
1 or transferred by the City to the provider of a Reserve Fund Policy in accordance with
the provisions of Section 1, shall be treat ed as an advance under the Cooperation
Agreement and shall be repaid by the Authority in accordance with the provisions of the
Cooperation Agreement, on a basis expressly subordinate and junior to that of the Series
2025 Bonds, any Additional Bonds and any other obligations or indebtedness that is
secured or payable in whole or in part by the Pledged Revenues on a parity with the
Series 2025 Bonds.
Section 5. Limitation to Series 2025 Bonds. Unless otherwise expressly
provided by a subsequent resolution of the City Council, the provisions of this Resolution
shall apply only to the replenishment of the Reserve Fund originally established in the
Indenture that secures the payment of the Series 2025 Bonds and shall not apply to any
other reserve funds established in connection with the issuance of any other obligations.
Section 6. Approval of Cooperation Agreement. The Cooperation Agreement,
in substantially the form attached hereto as Exhibit A, is in all respects approved,
authorized and confirmed. The Mayor is hereby authorized and directed to execute and
deliver the Cooperation Agreement, for and on behalf of the City, in substantially the form
and with substantially the same content as attached hereto as Exhibit A, provided that
such document may be completed, corrected or revised as deemed necessary by the
parties thereto in order to carry out the purposes of this Resolution. The execution of the
Cooperation Agreement by the Mayor shall be conclusive evidence of the approval by the
City Council of such document in accordance with the terms hereof and thereof.
Section 7. Direction to Act. The City Clerk of the City (the “City Clerk”) is hereby
authorized and directed to attest all signatures and acts of any official of the City in
connection with the matters authorized by this Resolution and to place the seal of the City
on any document authorized and approved by this Resolution. The Mayor, the Mayor Pro -
Tem of the City, the City Manager, the Financial Officer, the City Clerk and other
appropriate officials or employees of the City are hereby authorized and directed to
execute and deliver for and on behalf of the City any and all additional certificates,
documents, instruments and other papers, and to perform all other acts that they deem
necessary or appropriate, in order to implement and carry out the transactions and other
matters authorized by this Resolution.
Section 8. Ratification. All actions (not inconsistent with the provisions of this
Resolution) heretofore taken by the City Council or the officers, em ployees or agents of
the City directed toward the issuance of the Series 2025 Bonds by the Authority and the
execution and delivery of the Cooperation Agreement are hereby ratified, approved and
confirmed.
Section 9. Severability. If any section, subsection, paragraph, clause or
provision of this Resolution or the documents hereby authorized and approved shall for
any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section, subsection, paragraph, clause or provision shall not affect any of the
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remaining provisions of this Resolution or such documents, the intent being that the same
are severable.
Section 10. Repealer. All prior resolutions, or parts thereof, inconsistent
herewith are hereby repealed to the extent of such inconsistency.
Section 11. Effectiveness. This Resolution shall take effect immediately upon its
passage.
Passed and adopted on May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 6, 2025
Approving Attorney: Dianne Criswell
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4903-4499-6916.3
EXHIBIT A TO RESOLUTION 2025-052
1
COOPERATION AGREEMENT
BETWEEN THE CITY OF FORT COLLINS AND
THE FORT COLLINS URBAN RENEWAL AUTHORITY
THIS COOPERATION AGREEMENT (this “Agreement”) is made and entered into
between the CITY OF FORT COLLINS, COLORADO (the “City”) and the FORT COLLINS
URBAN RENEWAL AUTHORITY (the “Authority”).
WHEREAS, the City is a Colorado home rule municipality with all the powers and
authority granted pursuant to Article XX of the Colorado Constitution and its City Charter; and
WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all the powers
and authority granted to it pursuant to Title 31, Article 25, Part 1, Colorado Revised Statutes
(“C.R.S.”) (the “Urban Renewal Law”); and
WHEREAS, pursuant to Article XIV of the Colorado Constitution, and Title 29, Article
1, Part 2, C.R.S., the City and the Authority are authorized to cooperate and contract with one
another to provide any function, service or facility lawfully authorized to each governmental
entity; and
WHEREAS, the City Council of the City (the “City Council”) by Resolution No. 2004-
152, approved and adopted on December 21, 2004, has authorized and approved the “North
College Urban Renewal Plan” as an urban renewal plan under the Act (the “Plan”) for the area
described therein (the “Plan Area”), and the urban renewal projects described therein
(collectively, the “Project”); and
WHEREAS, the Project is being undertaken to facilitate the eliminati on and prevention
of blighted areas and to promote redevelopment, conservation and rehabilitation of the Plan
Area; and
WHEREAS, pursuant to section 31-25-112, C.R.S., the City is specifically authorized to
do all things necessary to aid and cooperate with the Authority in connection with the planning
or undertaking of any urban renewal plans, projects, programs, works, operations, or activities of
the Authority, to enter into agreements with the Authority respecting such actions to be taken by
the City, and appropriating funds and making such expenditures of its funds to aid and cooperate
with the Authority in undertaking the Project and carrying out the Plan; and
WHEREAS, the Authority is issuing its tax increment revenue bonds (the “Series 2025
Bonds”) for the purpose of financing and/or refinancing certain urban renewal projects in the
Plan Area; and
WHEREAS, the City Council has adopted a Resolution declaring its nonbinding intent
and expectation that it will appropriate any funds requested, within the limits of available funds
and revenues, in a sufficient amount to replenish the Reserve Fund to the Reserve Fund
Requirement or to repay the provider of any reserve fund insurance policy in the event of a draw
thereunder (the “Replenishment Resolution”) as defined in the Indenture of Trust (the
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4903-4499-6916.3
EXHIBIT A TO RESOLUTION 2025-052
2
“Indenture”), between the Authority and U.S. Bank Trust Company, National Association, as
trustee (the “Trustee”); and
WHEREAS, capitalized terms used herein and not otherwise defined shall have the
meanings set forth in the Indenture.
NOW, THEREFORE, in consideration of the mutual promises set forth below, the City
and the Authority agree as follows:
1 . LOAN. If the City Council appropriates funds pursuant to the Replenishment
Resolution, such funds shall be a loan from the City to the Authority to be repaid as provided
herein.
2. PAYMENT.
(a) All amounts payable by the Authority to the City hereunder
shall constitute “Subordinate Debt” for purposes of the Indenture. The Authority shall cause
such amounts to be paid from and to the extent of Pledged Revenues (as defined in the Indenture)
available for the payment of Subordinate Debt in accordance with the terms of the Indenture
including, in particular, Section 4.04(c) thereof.
(b) The Authority agrees to pay the City interest on the principal balance of any
amounts designated as a loan hereunder at a rate to be determined based upon applicable City
policies in effect at the time of any such loan.
3. FURTHER COOPERATION.
(a) The City shall continue to make available such employees of the City as
may be necessary and appropriate to assist the Authority in carrying out any authorized duty or
activity of the Authority pursuant to the Urban Renewal Law, the Plan, or any other lawfull y
authorized duty or activity of the Authority.
(b) The City agrees to assist the Authority and the Trustee by pursuing all
lawful procedures and remedies available to it to collect and transfer to the Authority on a timely
basis all Pledged Revenues for deposit into the Revenue Fund. To the extent lawfully possible,
the City will take no action that would have the effect of reducing tax collections that constitute
Pledged Revenues.
(c) The City agrees to pay to the Authority any Pledged Property Tax Revenues
when, as and if received by the City, but which are due and owing to the Authority pursuant to
the Plan.
(d) In connection with the issuance of the Series 2025 Bonds, the Authority
agrees that so long as the Series 2025 Bonds are outstanding, the Authority shall submit to the
City Manager by February 15 of each year a report in substantially the form set forth as Exhibit
B to the Indenture. The City Manager agrees to submit such report to the City Council at its first
regular meeting each year in March. Notwithstanding the foregoing, failure by the Authority to
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Item 12.
4903-4499-6916.3
EXHIBIT A TO RESOLUTION 2025-052
3
provide the report required by this Section 3(d) of this Agreement and Section 5.13 of the
Indenture or failure by the City Manager to submit such report to the City Council shall not
constitute a default under this Agreement or under the Indenture.
4. SUBORDINATION. The Authority’s obligation under this Agreement to repay
the City for the loan referred to in Section 1 hereof is subordinate to the Authority's obligations
for the repayment of the Series 2025 Bonds, any Additional Bonds and any other obligations or
indebtedness that is secured or payable in whole or in part by the Pledged Revenues on a parity
with the Series 2025 Bonds.
5. GENERAL PROVISIONS.
(a) Entities. Nothing in this Agreement shall be interpreted in any manner as
constituting the City or its officials, representatives, consultants, or employees as the agents of
the Authority, nor as constituting the Authority or its officials, representatives, consultants, or
employees as agents of the City. Each entity shall remain a separate legal entity pursuant to
applicable law. Neither party shall be deemed hereby to have assumed the debts, obligations, or
liabilities of the other.
·
(b) Third Parties. Neither the City nor the Authority shall be obligated or liable
under the terms of this Agreement to any person or entity not a party hereto, other than the
Trustee.
(c) Modifications. No modification or change of any provision in this
Agreement shall be made, or construed to have been made, unless such modification is mutually
agreed to in writing by both parties and incorporated as a written amendment to this Agreement.
Memoranda of understanding and correspondence shall not be construed as amendments to the
Agreement.
(d) Entire Agreement. This Agreement shall represent the entire agreement
between the parties with respect to the subject matter hereof and shall supersede all prior
negotiations, representations, or agreements, either written or oral, between the parties relating
to the subject matter of this Agreement and shall be independent of and have no effect upon any
other contracts.
(e) Severability. If any provision of this Agreement is held to be invalid, illegal
or unenforceable, the validity, legality and enforceability of the remaining provisions sh all not
in any way be affected or impaired.
(f) Assignment. Except for the pledge under the Indenture, this Agreement shall
not be assigned, in whole or in part, by either party without the written consent of the other and
of the Bank.
(g) Waiver. No waiver of a breach of any provision of this Agreement by either
party shall constitute a waiver of any other breach or of such provision. Failure of either party to
enforce at any time, or from time to time, any provision of this Agreement shall not be construed
as a waiver thereof. The remedies reserved in this Agreement shall be cumulative and additional
to any other remedies in law or in equity.
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4903-4499-6916.3
EXHIBIT A TO RESOLUTION 2025-052
4
IN WITNESS HEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers as of the ___ day of ______, 2025.
CITY OF FORT COLLINS, COLORADO
__________________________________
Mayor
ATTESTED:
_____________________
City Clerk
FORT COLLINS URBAN RENEWAL AUTHORITY
By:____________________________
Chairperson, Board of Commissioners
Attest:
By:________________
Authority Secretary
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4903-4499-6916.3
EXHIBIT A TO RESOLUTION 2025-052
5
EXHIBIT B to Indenture
FORM OF PROJECT FUND REQUISITION
To: U.S. Bank Trust, National Association
Denver, Colorado
Re: Fort Collins Urban Renewal Authority, Tax Increment Revenue Refunding and Improvement
Bonds (North College Tax Increment Urban Renewal Area), Series 2025
The undersigned Authority Representative hereby makes a requisition from the Project Fund held
under the Indenture of Trust dated as of May ___, 2025 (the “Indenture”), between the Fort Collins Urban
Renewal Authority (the “Authority”) and U.S. Bank Trust, National Association (the “Trustee”), and in
support thereof states:
1. The amount to be paid or reimbursed pursuant hereto is $___________.
2. The name and address of the person, firm, or corporation to whom payment is
due or has been made is as follows:
3. Payment is due to the above person for (describe nature of the obligation).
4. The amount to be paid or reimbursed pursuant hereto shall be transmitted by the
Trustee as follows (wire transfer or other transmission instructions):
5. The above payment obligations have been or will be properly incurred, is or will
be a proper charge against the Project Fund, and have not been the basis of any previous withdrawal. The
disbursement requested herein will be used solely for the payment of Project Costs. To the best
knowledge of the undersigned, no Event of Default has occurred and is continuing.
6. With respect to the disbursement of funds by the Trustee from the Project Fund
pursuant to this Project Fund Requisition, on behalf of the Authority, the undersigned Authority
Representative or Authority Chairperson hereby: (a) certifies that the Authority has reviewed the wire
instructions set forth in this Project Fund Requisition, and confirms that, to the best of the Authority’s
knowledge, such wire instructions are accurate; (b) agrees that, to the extent permitted by law, the Authority
will indemnify and hold harmless the Trustee from and against any and all claims, demands, losses,
liabilities, and expenses sustained, including, without limitation, attorney fees, arising directly or indirectly
from the Trustee’s disbursement of funds from the Project Fund in accordance with this Project Fund
Requisition and the wiring instructions provided herein; and (iii) agrees that the Authority will not seek
recourse from the Trustee as a result of losses incurred by the Authority arising from the Trustee’s
disbursement of funds in accordance with this Project Fund Requisition.
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4903-4499-6916.3
EXHIBIT A TO RESOLUTION 2025-052
6
All capitalized terms used but not defined herein shall have the definitions set forth in the
Indenture.
IN WITNESS WHEREOF , I have hereunto set my hand this ____ day of
____________, 202_.
FORT COLLINS URBAN RENEWAL AUTHORITY
By _________________________________
Its:
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Item 12.
Finance Administration
215 N. Mason
nd Floor
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Council Finance Committee Hybrid Meeting
CIC Room / Teams
April 3, 2025
4:00 - 6:00 pm
Council Attendees: Emily Francis, Kelly Ohlson,
Staff: Kelly DiMartino, Tyler Marr, Gretchen Stanford, Carrie Daggett,
Dianne Criswell, Denzel Maxwell, Teresa Roche, Chris Martinez,
Terri Runyan, Kevin Wilkins, Jeff Rochford, Ginny Sawyer, Max Valadez,
Sylvia Tatman-Burruss, Joe Wimmer, David Wolfe, Dana Hornkohl,
Josh Birks, Andy Smith, Dean Klingner, Leeann William, Aaron Harris,
Jill Wuertz. Victoria Shaw, Jennifer Poznanovic, Randy Bailey, Trevor
Nash, Adam Halvorson, Renee Reeves, Barb Brock, Lawrence Pollack,
Claire Turney, Jo Cech, Carolyn Koontz
Other: Caleb Weitz
Kim Medina, Chamber
Meeting called to order at 4:00 pm
Approval of minutes from the March 6, 2025, Council Finance Committee meeting.
Motion made to approve by Kelly Ohlson and seconded by Emily Francis.
Approved via roll call.
A. FY23 Audit Report – Staff Correction Plan
Randy Bailey, Controller
Plante & Moran presented the Results of the 2023 Financial Statement Audit this past October. While
the City received an unqualified opinion, two deficiencies were noted regarding grant expense reporting
and reporting for the City’s Tourism Improvement District (TID).
STAFF RECOMMENDATION
Continued investment and maturation of Grant Administration across the City. Prioritizing governance,
training, and efficient compliance reporting to mitigate compliance risk, reduce overhead in tracking and
reporting, and optimize benefit from this critical funding source.
Reporting for the TID has been integrated into the City ACFR and processes adjusted to increase
collaboration with TID accounting support during the preparation of financial statements and annual audit.
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Item 12.
Accounting has integrated Purchasing and IT into the process for identifying, tracking and accounting for
right-to-sue lease assets and Subscription Based IT Arrangements. Additionally, the team implemented
an application to more effectively manage right-to-use assets and the supporting accounting calculations
and entries.
BACKGROUND / DISCUSSION
A recap of Plante & Moran’s report dated June 29, 2024, is provided in summary for context.
Planned Scope and Timing of the Audit
We performed the audit according to the planned scope and timing previously communicated to you in
our letter about planning matters dated May 21, 2024.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified
during the audit, other than those that are trivial, and communicate them to the appropriate level
of management.
The following material misstatements detected as a result of audit procedures were corrected by
management.
o The City had recorded a right-of-use asset and liability for a software-based information
technology arrangement for which the subscription period had not commenced, rather
than recording a prepaid item until the subscription commences.
o The City had recorded unavailable revenue and receivables related to grants for which
expenditures had been incurred but for which the grants had not been formally executed.
These unavailable revenue and receivable have been removed.
o The Tourism Improvement District is being included in the City’s financial statements as
a discretely presented component unit.
CITY FINANCIAL IMPACTS
Staff time to develop and implement process improvements and additional tracking for the oversight in
grant administration.
PUBLIC OUTREACH
None
Discussion / Next Steps;
Kelly Ohlson; happy with slides – brief editorial -I don’t believe it is a fee – wish I hadn’t voted for it –
glad we are taking care of the bookkeeping
Kelly Ohlson; how do we close the loop? Is there anything from them back to us? Council took this
seriously and we have done these things.
Trevor Nash; we are required to submit an official response for every finding
Randy Bailey; response to Council – organization responded very well here – just some brief things that
will close the loop.
Page 6 of 66 Page 307
Item 12.
B. North College Urban Renewal Bond Issuance – Moral Obligation
Josh Birks, Deputy Director, Sustainability Services & Acting Executive Director,
Fort Collins Urban Renewal Authority
EXECUTIVE SUMMARY
issuing additional bonds against the
ional public infrastructure. All proceeds will be expended at the direction and with the
ation would result in improved bond ratings and
STAFF RECOMMENDATION
Staff recommends forwarding the item to the full City Council for consideration at an upcoming meeting.
BACKGROUND / DISCUSSION
In 2018, the Authority commissioned a professional third-party analysis of opportunities for potential
investment within the North College Urban Renewal Plan Area (the “Plan Area”). The analysis
culminated in a report, and in 2019, the report was followed and considered by key community
stakeholders. The report culminated with three categories of proposed investment and targeted
allocations for each:
1. Complete, Vibrant neighborhoods (25%)
2. Community Hub (50%)
3. Infrastructure Improvements (25%)
Since 2020 and the completion of the Community Investment Plan, an assortment of opportunities,
challenges, and policy objectives have emerged. The Authority has responded to these opportunities by
entering into purchase and sale agreements for two blighted properties, pursuing additional blighted
properties within the plan area, considering support of a proposed middle income deed restricted
housing project, support of pedestrian improvements at the intersection of Jerome and Vine Drive.
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Item 12.
Current Authority Plans
At this time, the Authority is considering a range of investments that could total over $19.2 million.
Current cash on hand (approximately $8.0 million) falls short of this amount. At the end of 2024,
Authority staff ask the Authority’s municipal advisor (Melissa Buck with UMB) to analyze a number of
scenarios to fund the proposed projects. These scenarios included pay-as-you-go and issuing bonds.
The projected cash balance, both now and in the future, will not fund the projects based on current
anticipated timing. However, an initial analysis suggests that the projected TIF to be collected within the
Plan Area could be leveraged into a bond issuance of approximately $12.4 million. This would create
cash-on-hand sufficient to meet the projected needs of the Authority.
City’s Moral Obligation Pledge
The Authority is seeking a moral obligation from the City to receive a more favorable bond rating and
interest rate. The moral obligation expresses the City’s intent to meet any debt service obligations
under the bond issuance in the event the Authority defaults. However, the City will not be legally
obligated to make any debt service payments in the event of default by the Authority. In addition, any
such payments by the City will be subject to appropriation by City Council, which the Council may elect
in its sole discretion to do or not. Furthermore, the City and Authority will enter into a Cooperation
Agreement to govern the terms and conditions surrounding any payments made by the City should the
Authority default on the bonds.
Past Moral Obligation Pledges
The City has provided moral obligations pledges on all previous Authority revenue bonds. These
include both the North College Series 2013 Revenue Bonds and the Prospect South Series 2019
Revenue Bonds. Since those pledges, the Authority has made on-time and full payments on each of
those Bonds. Additionally, current financial forecasts indicate that the Authority will have sufficient
revenue – barring any unforeseen changes in property values – to make all remaining payments.
CITY FINANCIAL IMPACTS
The City’s moral obligation result in more favorable bond rating and interest rate for the Authority. This
will enable the Authority to expend more of the available TIF on blight remediation and improvements to
the Plan Area. At the termination of the TIF collection period, this will result in increased property tax
revenues to the City and may translate into additional revenues through sales tax or other sources.
The moral obligation pledge remains contingent upon further Council action – most importantly the
need to appropriate any funds necessary to meet the debt service obligations of the Authority under the
bonds. The financial risk to the City comes from any potential changes to TIF collection or property
values in the area. At this time, the Authority is not aware of any recent events or factors that might
affect the tax base of the Plan Area or Authority’s operations or financial condition.
PUBLIC OUTREACH
None
Discussion / Next Steps;
Created in 2004 – issued debt in 2013
Page 8 of 66 Page 309
Item 12.
Healthy reserves - $2.6M in cash on hand – will grow over the next 5 years to $5.5M
More dollars toward remediation –
Kelly Ohlson; in the future, executive summary (see below),, let’s use the term ‘consider’ issuing
additional bonds. We don’t like assumptions being made. I am fine with this moving forward.
EXECUTIVE SUMMARY
n through redevelopment of the same properties, and
igation
d approves a Cooperation Agreement between the City and the
Page 9 of 66 Page 310
Item 12.
Kelly Ohlson; Moral Obligation Pledge (see above) -We are pledging we are going to do this
but in 2-3 other places it says, ‘we really don’t have `to do that’?
Josh Birks; this moral obligation is an oddity in the financial / bond markets. It is basically saying that
we believe enough in the entity and the projects. If they get into real trouble, we will consider helping
them. How is that enough of a pledge to really make a difference? The market has never seen a city
that made a moral obligation. It is kind of like a vote of support plus.
Kelly Ohlson; what happens if some council didn’t honor that and there wasn’t enough money and the
URA is going out of business?
Josh Birks; the bond holders taking that risk because the pledge is not a pledge of certainty more of we
like this. The URA could refund its debt to meet its obligations, or it could default on bonds and
bondholders. Most bondholders feel confident that a city wouldn’t let that happen.
Community provides a character reference as opposed to being a cosigner.
This will go to the full Council on May 7th
Meeting adjourned
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Item 12.
File Attachments for Item:
13. Items Relating to Phase 2 of the Michigan Ditch Pre-Fire Mitigation Project (Grant
Award and Services Agreement).
A. Resolution 2025-053 Authorizing the City Manager to Accept Grant Funds for Phase 2 of the
Michigan Ditch Pre-Fire Mitigation Project.
B. Resolution 2025-054 Authorizing the City Manager to Enter into an Agreement with the
Colorado State Forest Service for Phase 2 of the Michigan Ditch Pre-Fire Mitigation Project.
The purpose of these items is for Council to authorize the City Manager to: 1) accept grant
funds awarded in a grant award letter from the State of Colorado, Department of Natural
Resources, through Colorado Department of Natural Resource’s Colorado Strategic Wildfire
Action Program (“COSWAP”) (“Grant Award Letter”) and; 2) enter into an agreement with the
Colorado State Forest Service (“CSFS”) to perform certain forest health and pre-fire mitigation
work (“Services Agreement”).
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Richard Thorp, Lead Specialist, Sciences
Kerri Ishmael, Senior Analyst, Utilities Finance
Leslie Hill, Director, Sciences
Jill Oropeza, Senior Director, Water Planning and Sciences
SUBJECT
Items Relating to Phase 2 of the Michigan Ditch Pre-Fire Mitigation Project (Grant Award and
Services Agreement).
EXECUTIVE SUMMARY
A. Resolution 2025-053 Authorizing the City Manager to Accept Grant Funds for Phase 2 of the Michigan
Ditch Pre-Fire Mitigation Project.
B. Resolution 2025-054 Authorizing the City Manager to Enter into an Agreement with the Colorado State
Forest Service for Phase 2 of the Michigan Ditch Pre-Fire Mitigation Project.
The purpose of these items is for Council to authorize the City Manager to: 1) accept grant funds awarded
in a grant award letter from the State of Colorado, Department of Natural Resources, through Colorado
Department of Natural Resource’s Colorado Strategic Wildfire Action Program (“COSWAP”) (“Grant Award
Letter”) and; 2) enter into an agreement with the Colorado State Forest Service (“CSFS”) to perform certain
forest health and pre-fire mitigation work (“Services Agreement”).
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions.
BACKGROUND / DISCUSSION
The Michigan Ditch is a trans-basin diversion located primarily within the Colorado State Forest State Park
near Cameron Pass. The ditch conveys water from the upper Michigan River Watershed to the upper
Poudre River Watershed, where it is stored in Joe Wright Reservoir. Releases from Joe Wright Reservoir
are used to increase the City’s Poudre River Watershed source water supply. The Michigan Ditch and Joe
Wright Reservoir are considered critical water supply infrastructure, accounting for approximately 11% of
the City’s water supply and are valued at approximately $428 million. The Michigan Ditch narrowly escaped
damage during the 2020 Cameron Peak Wildfire. Although it was spared, future large-scale wildfires
continue to threaten this infrastructure and water supply. To address this threat, Utilities and several
regional partners completed a regional collaborative forest fuels mitigation plan that identifies priority forest
fuels treatments to reduce the risk of future wildfires to these important assets.
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Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The Michigan Ditch Forest Health and Pre-Fire Mitigation Project serves to implement identified forest fuels
treatments. Based on the large number of acres to be treated and the high costs of treatment measures
via tethered and helicopter logging, the project needs to be implemented in phases to meet funding needs
and capacity of Colorado State Forest Service in managing all aspects of implementation measures.
Planning for Phase 1 of the Project has been completed, including a forest inventory; scouting and data
collection; identification of forest treatment priorities; data analyses and mapping; and forest treatment
layouts. Phase 1 of the Project, which is scheduled to kick off in 2025, will include ~150 acres of forest
treatments using tethered and helicopter logging. See Resolution 2024-113.
For Phase 2 of the Project, in late 2024 the City applied to the COSWAP Grant Program for funding to
support the Michigan Ditch Forest Health and Pre-Fire Mitigation Project. The City was awarded a
$1,000,000 grant through COSWAP to support Phase 2 of the Project. As demonstrated by the Grant
Award Letter from the State of Colorado (Exhibit A to Resolution 2025-053), the City will provide $316,682
in cash match in support of Phase 2 work. Phase 2 is projected to cost $1,316,682, which includes costs
for forest treatments and administrative costs of CSFS in managing all aspects of project implementation,
will commence in late spring/early summer of 2026.
The City and CSFS entered into a previous services agreement in 2024 for Phase 1 work, which will
commence in July 2025. See Resolution 2024-113. Similar to the 2024 services agreement, Phase 2 work
will occur on State lands managed by CSFS. Phase 2 work will also be managed by CSFS based on their
experience and expertise in completing forest fuels reduction work.
To establish CSFS’s role and responsibility over Phase 2 work that is being funded by $1,000,000 through
COSWAP and $316,682 from the City, the City and CSFS have negotiated a draft Services Agreement
(Exhibit A to the Resolution 2025-054). The services to be performed by CSFS mirror those presented in
the Statement of Work of the Grant Award Letter, which proposes completing upwards of 180 acres of fuel
reduction work in support of protecting the City’s Michigan Ditch water supply and infrastructure. Pursuant
to the $1,000,000 in COSWAP funds being passed through to CSFS in support of Phase 2 work, CSFS is
deemed a subrecipient of these state funds, and thereby, as presented in the Services Agreement,
obligated to abide by certain terms and conditions of the Grant Award Letter.
Phase 2 work will follow Phase 1, with Phase 2 proposed to commence late spring/early summer 2026.
There is no requirement that the City sign the Grant Award Letter. Rather, upon the City submitting the first
request for reimbursement for costs associated with Phase 2 work, the City agrees to all terms and
conditions of the Grant Award Letter. Terms and conditions include the City’s obligation to reimburse CSFS
in upwards of $316,682 for allowable Phase 2 costs. The City will request that Council appropriate the
$1,000,000 in COSWAP funds and allocate City funds accordingly to meet the City’s cost share obligation.
This request of Council will be made in 2026, to align with the timing of Phase 2 work.
In support of the Michigan Ditch Pre-Fire Mitigation Project, the City recommends that Council authorize
the City Manager to enter into the Services Agreement with CSFS for Phase 2. In addition, the City
recommends Council authorize the City Manager to accept the grant funds and comply with the terms and
conditions of the Grant Award Letter.
CITY FINANCIAL IMPACTS
Execution of the Services Agreement with CSFS and acceptance of the COSWAP award provides no
financial impact.
In 2026 when Phase 2 is proposed to commence, based on terms and conditions of the Grant Award Letter,
the City will request that Council appropriate the $1,000,000 in grant funds and allocate appropriately the
City’s $316,682 required cost share.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
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Utilities staff presented the Utilities’ Watershed Program to the Water Commission at its April 17, 2025,
regular meeting. The Water Commission recommended Council formally approve of Utilities’ Watershed
Program to enter into the Intergovernmental Agreement Regarding Michigan Ditch Forest Health and Pre-
Fire Mitigation Project Phase-2 Services through the Colorado State Forest Service and accepting the
Colorado Department of Natural Resources’ Colorado Strategic Wildfire Program Grant.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution 2025-053
2. Exhibit A to Resolution 2025-053 (Grant Award Letter)
3. Resolution 2025-054
4. Exhibit A for Resolution 2025-054 (Services Agreement)
5. Water Commission Minutes, April 17, 2025 (excerpt)
6. Copy of Resolution 2024-113
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RESOLUTION 2025-053
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS FOR PHASE 2
OF THE MICHIGAN DITCH PRE-FIRE MITIGATION PROJECT
A. The City owns and operates a water utility that provides water service to
customers within its water service area. As part of the water utility, the City owns and
operates the Michigan Ditch and associated infrastructure for the purpose of providing
raw water for water supply, including for drinking water treatment .
B. Between August and December 2020, the Cameron Peak Fire significantly
impacted federal and state lands abutting the Michigan Ditch.
C. The City has identified a need to develop and execute forest health
treatment activities in priority areas at risk of future large scale catastrophic wildfires with
regards to pre-fire mitigation thinning, fuel breaks and forest restoration , including in and
around the Michigan Ditch and its associated infrastructure.
D. The City has thus begun work on the Michigan Ditch Pre-Fire Mitigation
Project (“Project”) and has worked with the Colorado State Forest Service. Phase 1 of
the Project and previous agreements with the Colorado State Forest Service are
addressed in Resolution 2024-113.
E. For Phase 2 of the Project, the Colorado State Forest Service is willing to
work with the City to fund the Project. In coordination with the Colorado State Forest
Service, the City applied for and the Colorado Department of Natural Resource, through
the Colorado Strategic Wildfire Action Program, has awarded the City a grant for forest
health and pre-fire mitigation work in and around the Michigan Ditch and its associated
infrastructure. By accepting such grant funds, the City would be agreeing to comply with
the terms and conditions of the Grant Award Letter Summary of Grant Award Terms and
Conditions, attached as Exhibit “A” (“Grant Award Letter”).
F. As set forth in the Grant Award Letter, the City’s required matching funds
are $316,682. The City intends to appropriate such funds in 2026, before accepting any
of the grant funds.
G. City Council finds that accepting the grant funds and complying with the
terms and conditions of the Grant Award Letter is necessary to safeguard the City’s critical
water supply infrastructure and is in the best interests of the City water utility ratepayers
and the city as a whole.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to accept the grant funds
awarded in the Grant Funds Letter and to comply with the terms and conditions of the
Grant Funds Letter, substantially in the form of Exhibit “A”, provided that any required
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funds have been appropriated beforehand, 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 May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 6, 2025
Approving Attorney: Eric Potyondy
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RESOLUTION 2025-054
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE
COLORADO STATE FOREST SERVICE FOR PHASE 2 OF THE MICHIGAN DITCH
PRE-FIRE MITIGATION PROJECT
A. The City owns and operates a water utility that provides water service to
customers within its water service area. As part of the water utility, the City owns and
operates the Michigan Ditch and associated infrastructure for the purpose of providing
raw water for water supply, including for drinking water treatment.
B. Between August and December 2020, the Cameron Peak Fire significantly
impacted federal and state lands abutting the Michigan Ditch.
C. The City has identified a need to develop and execute forest health
treatment activities in priority areas at risk of future large scale catastrophic wildfires with
regards to pre-fire mitigation thinning, fuel breaks and forest restoration , including in and
around the Michigan Ditch and its associated infrastructure.
D. The City has thus begun work on the Michigan Ditch Pre-Fire Mitigation
Project (“Project”) and has worked with the Colorado State Forest Service. Phase 1 of
the Project and previous agreements with the Colorado State Forest Service are
addressed in Resolution 2024-113.
E. For Phase 2 of the Project, the Colorado State Forest Service is willing to
develop and provide access to environmental information and expertise to provide
relevant data analysis and to complete certain forest fuels reduction work to mitigate the
risk of future large-scale wildfires in and around the Michigan Ditch and its associated
infrastructure.
F. For Phase 2 of the Project, the City and the Colorado State Forest Service
have also negotiated a proposed Intergovernmental Agreement Regarding Forest Health
and Pre-Fire Mitigation Services through the Colorado State Forest Service , attached as
Exhibit “A” (“Services Agreement”), the purpose of which is for the City to retain the
Colorado State Forest Service to perform certain forest health and pre-fire mitigation
services related to the Michigan Ditch and its associated infrastructure.
G. City Council finds that entering into the Services Agreement is necessary to
safeguard the City’s critical water supply infrastructure and is in the best interests of the
City water utility ratepayers and the City as a whole.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to enter into a Services
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
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necessary and appropriate to protect the interests of the City or effectuate the purposes
of this Resolution.
Passed and adopted on May 6, 2025
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 6, 2025
Approving Attorney: Eric Potyondy
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04/17/2025 Excerpt from DRAFT Unapproved Minutes Page 1 of 2
Water Commission
REGULAR MEETING Excerpt from DRAFT Unapproved Minutes
April 17, 2025 – 5:30 PM
222 Laporte Ave., 1st Floor, Colorado River Room
1. CALL TO ORDER
a. 5:31 PM
2. ROLL CALL
a. Board Members Present (in person): Chairperson Jordan Radin and
Commissioners Laura Chartrand, Paul Herman, Rick Kahn, Nick Martin, Nicole
Ng, Greg Steed
b. Board Members Absent: Commissioners James Bishop and Carson Madryga
c. Staff Members Present (in person): Jill Oropeza, Katherine Martinez, Jesse
Schlam, Kathryne Marko, Leslie Hill, Nicole Poncelet-Johnson
d. Staff Members Present (online): Jen Authier, Michael Neale, Richard Thorp
e. Guests: None
3. NEW BUSINESS
Regular Items
Michigan Ditch Forest Health and Pre-Fire Mitigation Project:
Phase 2
The City owns Michigan Ditch, a critical water supply infrastructure
located near Cameron Pass within Colorado State Forest State Park.
Watershed Program staff along with regional partners from the
Colorado State Forest Service and Colorado Parks and Wildlife
recently completed a multi-phase Michigan Ditch Pre-Fire Mitigation
Plan. The plan identifies forest thinning treatments that will help
reduce the risk to the Michigan Ditch infrastructure and water supply
from future large-scale wildfires.
The Watershed Program was recently awarded a $1 million grant
from the Colorado Department of Natural Resources to implement
the project’s Phase 2 (scheduled for 2026-2028), which will include
up to an additional 180 acres of targeted forest treatments designed
to create fuels breaks and reduce the risk of future large -scale
wildfires reaching the ditch from the north and west.
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Watershed Program Manager Richard Thorp presented the project’s
Phase 1 to the Water Commission last year. He returned to provide
an overview of Phase 2 including the Forest Health and Pre-Fire
Mitigation Project, and request a recommendation from Water
Commission that City Council approve accepting the grant and
entering into an intergovernmental agreement regarding the project’s
Phase 2 services.
The project is in strategic alignment with City Plan’s Environmental
Health Outcome and the City Council Priority to “protect community
water systems in an integrated way to ensure resilient water
resources and healthy watersheds.”
Discussion Highlights: Commissioners commented on or inquired
about various related topics including clarifying the grant is already
approved; expense of hauling out timber (Mr. Thorp responded that
the goal is to reduce fuel); a match of $317,000 from the watershed
protection budget (from the Water Fund’s Utilities capital
improvement fund); staff plans to apply for another grant this fall that
if awarded would mean the Water Fund would not have to be used;
clarifying that no other cities or other water providers are contributing
money to the project; the observation that one state entity is giving a
grant, and staff is processing it and giving that money to another
state agency; whether the U.S. Forest Service is doing similar work
(Mr. Thorp replied that they’re not as it relates to this project, which is
part of a larger landscape-level effort; Watershed Specialist Jared
Heath presented the wildfire readiness project to the Water
Commission last year).
Commissioner Herman moved for Water Commission to
recommend that City Council formally approve of the City entering
into the Intergovernmental Agreement Regarding Michigan Ditch
Forest Health and Pre-Fire Mitigation Project Phase-2 Services
through the Colorado State Forest Service and accepting the
Colorado Department of Natural Resources’ Colorado Strategic
Wildfire Program Grant.
Commissioner Ng seconded the motion
Vote on the motion: it passed unanimously, 7-0
Minutes will be approved by the Chair and a vote of the Water Commission on
May 15, 2025.
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RESOLUTION 2024-113
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO TWO
AGREEMENTS WITH THE COLORADO STATE FOREST
SERVICE FOR THE MICHIGAN DITCH PRE-FIRE MITIGATION
PROJECT
A.The City owns and operates a water utility that provides water service to
customers within its water service area.As part of the water utility,the City owns and
operates the Michigan Ditch and associated infrastructure for the purpose of providing
raw water for water supply,including for drinking water treatment.
B.Between August and December,2020,the Cameron Peak Fire significantly
impacted federal and state lands abutting the Michigan Ditch and associated
infrastructure.
C.The City has identified a need to develop and execute forest health
treatment activities in priority areas at risk of future large scale catastrophic wildfires with
regards to pre-fire mitigation thinning,fuel breaks and forest restoration,including in and
around the Michigan Ditch and its associated infrastructure.
D.The City has thus begun work on the Michigan Ditch Pre-Fire Mitigation
Project (“Project”).The City has worked with the Colorado State Forest Service on this
Project.
E.The Colorado State Forest Service is willing to develop and provide access
to environmental information and expertise to provide relevant data analysis and to
complete certain forest fuels reduction work to mitigate the risk of future large-scale
wildfires in and around the Michigan Ditch and its associated infrastructure.
F.The City and the Colorado State Forest Service have negotiated a proposed
services agreement,attached as Exhibit “A”(“Services Agreement”),the purpose of
which is for the City to retain the Colorado State Forest Service to perform certain forest
health and pre-fire mitigation services related to the Michigan Ditch and its associated
infrastructure.
G.The Colorado State Forest Service is also willing to work with the City to
fund the Project.The City applied for and the Colorado State Forest Service has awarded
the City a grant for forest health and pre-fire mitigation work in and around the Michigan
Ditch and its associated infrastructure.To accept such grant funds,the City must sign a
proposed grant agreement,attached as Exhibit “B”(“Grant Agreement”).
H.City Council finds that entering into the Services Agreement and Grant
Agreement is necessary to safeguard the City’s critical water supply infrastructure and is
in the best interests of the City water utility ratepayers and the city as a whole.
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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 Manager is hereby authorized to execute a Services
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.
Section 2.The City Manager is hereby authorized to execute a Grant
Agreement substantially in the form of Exhibit “B”,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 September 3,2024.
ATTEST:
1~
S
Mayor Pro Tern
I I
ityCfrk
Effective Date:September 3,2024
Approving Attorney:Eric PotyondyCOP
Y
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INTERGOVERNMENTAL AGREEMENT REGARDING
FOREST HEALTH AND PRE-FIRE MITIGATION SERVICES
THROUGH THE COLORADO STATE FOREST SERVICE
THIS INTERGOVERNMENTAL AGREEMENT FOR FOREST HEALTH AND PRE
FIRE MITIGATION SERVICES (“Agreement”),is made and entered into on the day and year
that it is fully executed by all Parties (“Effective Date”),by and between the City of Fort Collins,
Colorado,a home rule municipality of the State of Colorado (“City”)and The Board of
Governors of The Colorado State University System,acting by and through Colorado State
University,an institution of higher education of the State of Colorado,for the use and benefit of
the Colorado State Forest Service (“Forest Service”),(collectively,the “Parties”).
WHEREAS,the City owns and operates,through Fort Collins Utilities,the Michigan
Ditch and associated infrastructure for the purpose of providing raw water for water supply,
including for drinking water treatment;and
WHEREAS,between August and December,2020,the Cameron Peak Fire significantly
impacted federal and state lands abutting the Michigan Ditch;and
WHEREAS,the City has identified a need to develop and execute forest health treatment
activities in priority areas at risk of future large scale catastrophic wildfires with regards to pre
fire mitigation thinning,fuel breaks and forest restoration;and
WHEREAS,the Colorado State Forest Service (CSFS)is willing to develop and provide
access to environmental information and expertise to provide relevant data analysis and to
complete certain forest fuels reduction work to mitigate the risk of future large scale wildfires;
and
WHEREAS,the Parties desire to enter into an intergovernmental agreement setting forth
the terms for development and access to CSFS resources regarding data analysis,forest fuels
treatment and hazards mitigation;and
WHEREAS,the Parties have authority pursuant to Article XIV,Section 18 of the
Colorado Constitution and Section 29-1-201,et seq.,Colorado Revised Statutes,to enter into
intergovernmental agreements for the purpose of providing any service or performing any
function which they can perform individually.
NOW,THEREFORE,in consideration of the mutual promises contained herein,the
parties hereto agree as follows:
1.Independent Contractors.It is understood and agreed by the parties that the CSFS is an
independent contractor with respect to the City and that this Agreement is not intended and
shall not be construed to create an employer/employee or a joint venture relationship between
the CSFS and the City.The CSFS shall be free from the direction and control of the City in
the performance of the CSFS’s obligations under this Agreement,except that the City may
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indicate specifications,standards requirements and deliverables for satisfaction of the
CSFS’s obligations under this Agreement.
2.Term.This Agreement shall be effective on the date of final signature (the “Effective Date”)
and shall terminate five years thereafter,unless sooner terminated as provided herein or
extended by written agreement of the Parties.
3.Scope of Work.The CSFS agrees to perform the services (the “Services”)generally
described in the Scope of Work attached hereto and made a part hereof as Exhibit A,and as
may be more specifically set forth in project work orders issued pursuant to this Agreement,
under the direction and supervision of the Principal Investigator identified in Exhibit A.
4.Compensation.
4.1.As described in Appendix A,the Michigan Ditch Pre-Fire Mitigation Phase 1 work will
be completed using funding from:a Colorado State Forest Service Forest Restoration
and Wildfire Risk Mitigation Grant ($508,000);Congressional Directed Spending
Contribution ($500, 000);and funding from the City ($500, 000).The CSFS will use City
funding under this Agreement for Phase I.
4.2.As compensation for the Services rendered under this Agreement,City agrees to pay the
CSFS in accordance with the payment terms generally set forth in the Scope of Work
and as clarified or modified by project work orders issued pursuant to this Agreement.
4.3.In no event shall the total amount paid by the City through such project work orders
exceed the sum of five-hundred thousand dollars ($500, 000.00).
5.Ownership of Information.At all times during and following the term of this Agreement,
including any extensions or renewals hereof,all records,information and data provided to the
CSFS by the City or developed during the performance of the Services under this Agreement
by the CSFS and/or the City (“Project Records”)shall be and remain the sole property of the
City.The CSFS retains the right to use the Project Records for academic and research
purposes;subject to prior written notice to and approval from the City before publication,
which the City shall not unreasonably withhold.Except as provided in paragraph 7 of this
Agreement,the CSFS shall provide any Project Records or return to the City upon request
after termination of this Agreement.
6.Reporting Requirements.
6.1.The CSFS agrees that it will make all Project Records as defined in the Scope of Work
or project work orders available to City at any reasonable time,subject to the reporting
requirements set forth in the Scope of Work.
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6.2.City shall have the right to audit the records of the CSFS,to the extent such records are
related to the Services performed under this Agreement,during normal business hours
and upon reasonable notice to CSFS.Such audit may include the financial records of
CSFS relating to the Services.CSFS shall reasonably cooperate with City in satis~ing
any requirement or order issued by any governmental agency or court,including but not
limited to the inspection of CSFS records or facility.
7.Confidentiality.
7.1.Each Party has certain documents,data,information,and methodologies that are
confidential and proprietary to that Party (“Confidential Information”).During the term
of this Agreement,either Party may,as the “Disclosing Party,”disclose its Confidential
Information to the other Party (the “Recipient”),in writing,visually,or orally.Recipient
shall receive and use the Confidential Information for the sole purpose of the
performance of this Agreement,and for no other purpose (except as may be specifically
authorized by the Disclosing Party,in writing).Recipient agrees not to make use of the
Confidential Information except for such Services and agrees not to disclose the
Confidential Information to any third party or parties without the prior written consent of
the Discloser,subject to paragraph 7.4.
7.2.Recipient shall use its reasonable best efforts to preserve the confidentiality of the
Confidential Infonnation (using the same or similar protections as it would as if the
Confidential Information were Recipient’s own,and in any event,not less than
reasonable care).Recipient shall obligate its affiliates with access to any portion of the
Confidential Information to protect the proprietary nature of the Confidential
Information.
7.3.“Confidential Information”shall not include,and Recipient shall have no obligation to
refrain from disclosing or using,information which:(i)is generally available to the
public at the time of this Agreement;(ii)becomes part of the public domain or publicly
lcnown or available by publication or otherwise,not through any unauthorized act or
omission of Recipient;(iii)is lawfully disclosed to the Recipient by third parties without
breaching any obligation of non-use or confidentiality;(iv)has been independently
developed by persons in Recipient’s employ or otherwise who have no contact with
Confidential Information,as proven with written records;or (v)is required to be
disclosed by law;provided that,in the event that Recipient is required to disclose
Confidential Information under this paragraph 7.3,it will promptly notif~’the Disclosing
Party,and the Disclosing Party may,at its sole discretion and expense,initiate legal
action to prevent,limit or condition such disclosure.
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7.4.With respect to paragraph 7.3,the Parties acknowledge that each is subject to the
Colorado Open Records Act,C.R.S.§~24-72-200.1,et seq.(“CORN’).If disclosure of
any Confidential Information is required pursuant to CORA,the Parties shall reasonably
cooperate to review and identi&any information not subject to disclosure.However,
each Party shall retain the right to proceed in the manner it believes,in its sole discretion
and judgment,is required to be compliant with the law with regard to any records
request received by that Party.
7.5.Notwithstanding any other provision of this Agreement,a Party may retain one copy of
the other Party’s Confidential Information in its confidential files,for the sole purpose of
establishing compliance with the terms hereof.
8.Equipment.Unless otherwise provided in the Scope of Work or in a writing signed by the
parties,all equipment purchased by CSFS with thuds provided under this Agreement for use
in connection with this Agreement shall be the property of the CSFS and shall be dedicated
to providing Services under this Agreement while this Agreement is in effect.
9.Liability;Insurance.Each Party hereto agrees to be responsible for its own wrongfhl or
negligent acts or omissions,or those of its officers,agents,or employees to the fill extent
allowed by law.Liability of the CSFS,and City is at all times herein strictly limited and
controlled by the provisions of the Colorado Government Immunity Act,C.R.S.§~24-10-
101,et seq.as now or hereafter amended.Nothing in this Agreement shall be construed as a
waiver of the protections of said Act.As public entities of the State of Colorado,neither
Party is authorized to indemnit~,any party,public or private,as against the claims and
demands of third parties and any such indemnification provision in this Agreement shall be
null and void.
10.Exclusive Warranty;Disclaimer.CSFS warrants that it will provide all deliverables under
this Agreement substantially in accordance with the Scope of Work and/or written protocol
provided by City,including as specified in project work orders.All other warranties,express
and implied,are hereby expressly disclaimed INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.CSFS does not
perform any Services under this Agreement that may be subject to FDA Regulations,e.g.
GMP,cGMP,GLP,GCP work/services.Neither Party is liable for any indirect,special,
incidental,consequential or punitive loss or damage of any kind,including but not limited to
lost profits (regardless of whether such Party knows or should know of the possibility of such
loss or damages).The liability of either Party under this Agreement shall not exceed the
amount paid or payable to the CSFS under this Agreement.
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EXHIBIT A TO RESOLUTION 2024-113
11.Termination.Either Party may terminate this Agreement,without cause,upon not less than
sixty (60)days written notice,given in accordance with the Notice provisions of this
Agreement.Termination of this Agreement shall not relieve a Party from its obligations
incurred prior to the termination date.Upon early termination of this Agreement by the City,
except in the case of a material breach by CSFS,the City shall pay all costs accrued by the
CSFS as of the date of termination including non-cancelable obligations for the term of this
Agreement,which shall include all appointments of staff incurred prior to the effective date
of the termination.The CSFS shall exert its best efforts to limit or terminate any outstanding
financial commitments for which the City is liable.The CSFS shall furnish,within ninety
90)days of the effective termination,a final report of all costs incurred,and all funds
received and shall reimburse the City for payments which may have been advanced in excess
of total costs incurred with no fUrther obligations to the City.
12.City Representative.The City will designate,prior to commencement of work,its project
representative who shall make,within the scope of his or her authority,all necessary and
proper decisions with reference to the project.CSFS shall direct all requests for contract
interpretation,change orders,and other clarification or instruction to the City Representative.
13.Notices.My notice,request,demand,consent or approval,or other communication
required or permitted hereunder will be in writing and will be deemed to have been given
when personally delivered or deposited in the United States mail or with an overnight
courier,with proper postage and address as follows:
If to State Forest Service:Weston Toll
5060 Campus Delivery
Colorado State University
Fort Collins,CO 80523-5060
Phone:970-491-8760
weston.toll@colostate.edu
With a Copy to:Office of the General Counsel
0006 Campus Delivery
Colorado State University
Fort Collins,CO 80523-0006
Phone:970-491-6270
contracts@colostate.edu
If to City:Richard Thorp
City of Fort Collins Utilities
City of Fort Collins
Water Quality Services Division,Watershed
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Item 13.
EXHIBIT A TO RESOLUTION 2024-113
Program
P.O.Box 580
Fort Collins,CO 80522-05 80
With a Copy to:City Attorney’s Office
City of Fort Collins
300 LaPorte Avenue
P.O.Box 580
Fort Collins,CO 80522-05 80
14.Binding Effect;Third Party Beneficiaries.This writing,together with the exhibits hereto,
constitutes the entire agreement between the Parties and binding upon the Parties,their
officers,employees,successors,and permitted assigns,and shall inure to the benefit of
the respective successors,and permitted assigns of the Parties.It is expressly understood
and agreed that the enforcement of the terms and conditions of this Agreement and all
rights of action relating to such enforcement,shall be strictly reserved to the Parties.
Nothing contained in this contract shall give or allow any claim or right of action
whatsoever by any other third person.It is the express intention of the Parties that any
such person or entity,other than the Parties,receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
15.Amendment.No modification or amendment to this Agreement shall be valid unless it is
made in a writing signed by the authorized representatives of the Parties.
16.Default;Termination;Dispute Resolution.
16.1.Default.A Party will be considered in default of its obligations under this
Agreement if such Party fails to observe,to comply with,or to perform any term,
condition,or covenant contained in this Agreement and such failure continues for 10 days
after a non-defaulting Party gives the defaulting Party written notice thereof.
16.2.Termination for Cause.In the event of default,a non-defaulting Party,
upon written notice to the defaulting Party,may terminate this Agreement as of the date
specified in the notice.
16.3.Dispute Resolution.Any dispute concerning the performance of this
Agreement not resolved by the designated representatives of the Parties shall be
referred to superior departmental management staff designated by each Party (which,
for CSFS,shall be the Vice President for University Operations,and for the City,shall
be the City Manager),whose decisions shall be made within thirty (30)days after
notice or such other period as the Parties may agree.Failing resolution at that level,
either Party has the right to bring legal action to recover only such damages and
remedies as are authorized pursuant to this Agreement,in accordance with Colorado
law,and only in a court of competent jurisdiction located within the City of Fort
Collins,County of Larimer,Colorado.Notwithstanding any other provision contained
herein,neither Party shall be liable to the other for any indirect,consequential,
incidental,exemplary (punitive)or special damages.In the event of any default or
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Item 13.
EXHIBIT A TO RESOLUTION 2024-113
dispute,each Party shall be solely responsible for its own attorneys’fees.
17.Appropriation.The City’s financial obligations under this Agreement are contingent upon
the amiual appropriation,budgeting and availability of specific finds to discharge those
obligations.Nothing in this Agreement shall create a payment guaranty by either Party or a
debt or a multiple-fiscal year financial obligation under the Colorado Constitution or any
similar provisions of the City’s charter or ordinances.
18.Legal Authority.Each Party to this Agreement warrants that it possesses the legal authority
to enter into this Agreement and that it has taken all actions required by its procedures,
bylaws and/or applicable law to exercise that authority,and to lawfully authorize its
undersigned signatory to execute this Agreement and to bind it to its terms.The person(s)
executing this Agreement on behalf of a Party warrant(s)that such person(s)have fill
authorization to execute this Agreement.This Agreement is not binding upon Colorado State
CSFS,its governing board or the State of Colorado unless signed by the Associate Vice-
President for Finance or his/her authorized delegate.
19.Survival of Certain Terms.Notwithstanding anything herein to the contrary,the Parties
understand and agree that all terms and conditions of this Agreement and the exhibits and
attachments hereto which may require continued performance,compliance or effect beyond
the termination date of this Agreement shall survive such termination date.
20.Waiver.The waiver by either Party of a breach or violation of any provision of this
Agreement shall not operate as or construed as a waiver of any subsequent breach of the
same or other provision hereof.
21.Severability.In the event that any provision of this Agreement is held unenforceable for any
reason,the remaining provisions of this Agreement shall remain in full force and effect.
22.Counterparts and Facsimiles.This Agreement may be executed with any number of
counterparts,each of which,when executed and delivered will constitute an original,but all
such counterparts will constitute one and the same instrument.
Signatures appear on following page]
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Item 13.
EXHIBIT ATO RESOLUTION 2024-113
IN WITNESS WHEREOF.THE PARTIES HERETO HAVE EXECUTED THIS
AGREEMENT THE DAY AND YEAR WRIflEN BELOW
CITY:
CITY OF FORT COLLINS,A COLORADO MUNICIPAL
CORPORATION
By:—
Date:
Kelly Di Martino
City Manager
STATE FOREST:
BOARD OF GOVERNORS OF THE COLORADO STATE
UNIVERSITY SYSTEM,acting by and through
Colorado State University
By:
Date:
Angela Nielsen
Director,Office of Budgets
EST:
Name:Title:
APPROVED AS TO FORM
Eric Potyondy,Assistant City Attorney
By:
Matthew McCombs
State Forester and Director
APPRO%JED AS TO FORM:
By:
Brian Anderson,Esq
Office of the General Counsel
Not required unless legal changes made to this
document
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Item 13.
EXHIBIT A TO RESOLUTION 2024-113
EXHIBIT A
Scope of Work
Michigan Ditch Pre-Fire Mitigation Phase-i
Work to be completed/deliverables:
Project Summary
Michigan Ditch (“Ditch”)is critical infrastructure for the City of Fort Collins (“City”)water
supply and project work will reduce the risk of future larger-scale wildfires by completing a total
of approximately 150 acres of forest fuels reduction work.
The Colorado State Forest Service (“Forest Service”)will bill the City,through Fort Collins
Utilities,for $360,000.00 in calendar year 2024 and $140,000 in calendar year 2025.
Prescription
Three prescriptions:Unit 1,Unit 2,and small (—4-acre)HLZ treatment within Unit 2 around City
historic structures.
Prescription for Unit 1 has a post-harvest target live Basal Area of 70-90 ff2 per acre.
Dead standing frees 6”dbh will be removed (BA 159 ff2 per acre),excluding four snags
per acre for wildlife (spruce &fir >10”dbh).Surface fuels target is 20-30 tons per acre,to
maintain soil moisture &provide habitat whilst minimizing potential for high soil burn
severity.Prescription calls for removal of live overstory fir greater than 30ff in height at
risk of blowdown or declining from western balsam bark beetle.
Prescription is designation by description,the contractor will conduct treatment based
upon the following criteria by free species.
o Engelmann Spruce
Harvest and remove all dead Engelmann spruce from project area.
Retain live Engelmann spruce protected from windthrow,either
30 foot or less total height
Or clumped with other live frees in a protected area
o Sub-Alpine Fir
Harvest and remove from project area all merchantable (dead and live)
subalpine fir greater than 30 feet in total height to meet basal area targets
Retain windfirm,healthy fir where applicable,painted in BLUE
o Lodgepole Pine
Harvest and remove from project area all dead lodgepole pine.
Make an effort to retain all live lodgepole pine where operationally
feasible.
o Snags
Favor spruce for retaining four snags per acre
Exclude areas within 200 feet of the Ditch and associated infrastructure
Painted in YELLOW
Prescriptions for Treatment Unit 2 (Prescription 2&3)
Prescription 2 has a post-harvest target live Basal Area of 70-90 ff2 per acre.All standing
dead frees will be removed (BA =34 ff2 per acre),excluding four snags per acre for
wildlife (spruce &fir>10”dbh).Additional removal of live trees will target fir (live BA
107 ff2 per acre)to meet target basal area.
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Item 13.
EXHIBIT A TO RESOLUTION 2024-113
o Engelmann Spruce
Harvest and remove from project area all dead Engelmann spruce.
Retain live Engelmanu spruce protected from windthrow,either
30 foot or less total height
Or clumped with other live trees in a protected area
Favor spruce for retaining four snags per acre;exclude areas within 200
feet of the Ditch and associated infrastructure
Sub-Alpine Fir
o Harvest and remove from project area all merchantable (dead and live)subalpine
fir greater than 30 feet in total height to meet basal area targets
o Thin live young fir stands to meet additional basal area targets
o Retain windflnn,healthy fir where applicable,painted in BLUE
Lodgepole Pine
o Harvest and remove from project area all dead lodgepole pine.
o Make an effort to retain all live lodgepole pine where operationally feasible.
Snags
o Favor spruce for retaining four snags per acre
o Exclude areas within 200 feet of the Ditch and associated infrastructure
o Painted in YELLOW
Within Unit 2 there is an approximately four-acre area that will follow Prescription 3,
which reduces fuels surrounding City structures.Guidance follows standards in the 2021
Forest Service HIZ guide.Contractor will be responsible for product removal in Zone 3.
In Zone 3 (30 to>150ft uphill ¶llel to structures,30 to >250 ft on downslope of
structures)crowns will be thinned to average spacing of lOft.Retention will favor
lodgepole pine>Engelmann spruce>subalpine fir.All dead trees and mistletoe or broom
rust infected trees will be cut.Slash piles will be built where operationally feasible.
Prescriptions for Slash (All Units)
o For tethered harvest,lop and scatter slash treatment will be employed.
Intermediate and co-dominant fir will be cut to create slash mats for minimizing
erosion.
o Helicopter treatment will employ whole tree harvest.Trees will be flown to
landing sites along the American Lakes Road for processing,and slash piles built
with non-merchantable material.The Forest Service will conduct winter burning
operations at a later date.
Utilization &Slash Management Plan
o 30-35 CCF sawtimber per acre is anticipated from the treatment area and will be
sold to relevant local mills where applicable.Spruce and fir POL are less
desirable,so primary markets will be sawtimber and firewood.
Overall Budget Details
Award (2024):$508,000 Forest Health and Wildfire Risk Mitigation Grant
CSFS Congressionally Directed Spending Contribution (2024):$ 500,000
City of Fort Collins under the Intergovernmental Agreement Regarding Forest Health
and Pre-Fire Mitigation Services Through the Colorado State First Service (2024)(up to
500,000)
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Item 13.
EXHIBIT A TO RESOLUTION 2024-113
Approved budget items include contractual costs to complete the fuels reductions work,
personnel/labor,supplies/materials,and indirect costs.
Assessment &Further Planning
o The Forest Service will assess the entire project area throughout the treatment
process and will adjust as necessary to maximize impact of fUnding.At
completion of tethered treatment,the State Forest Field Office will provide an in-
depth pian for further treatment if funding is available
Any proposed changes during this assessment period will be provided to the Forest Service and
City Program Managers.
Milestone dates:
Treatment of the project area will begin in summer of 2024.Initial treatment will be
tethered logging of approximately 100 acres of high priority treatment area.Total acres
treated in 2024 will depend on operational limitations of tethered harvest machinery.
In fall 2024,the CSFS will assess connectivity of treated areas and targeted areas,then
prioritize remaining areas to apply treatment.
In winter/spring of 2025,the CSFS will bid and contract the remaining project funds for
treating high priority areas through helicopter logging.The CSFS will administer the
project,and ensure that non-commercial material at the landing sites along American
Lakes Road are piled w/in contract specifications.
In Fall of 2025,the CSFS will inspect the treatment area for contract closeout.
In winter of 2026,the CSFS personnel will burn slash piles from the helicopter treatment.
In Spring of 2026,the CSFS will seed burned areas with native grass mix.
In Summer of 2026 the City will prepare a report with:acres treated,a treatment map,
merchantable volume removed,non-merchantable volume burned,and before and after
aerial drone imagery.
Project Completion deadline:April 1,2028
Standards or Guidelines:Best Management Practices must be followed for all forest
managementlfiiels mitigation work completed under this award.Refer to the handbook Forestry
Best Management Practices to Protect Water Quality in Colorado for more information.
Additional helpful resources include:
The Home Ignition Zone
CSFS guidelines for Defensible Space and Fuelbreaks
CSFS guidelines for Pruning Cuts and Pruning Evergreens
All work completed under this award must be certified as meeting minimum CSFS standards
prior to any reimbursement being made to the award recipient.CSFS Grant Reimbursement
Request Package will be used to both request reimbursement and to certi&that work has been
completed to minimum standards.
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Item 13.
EXHIBIT B TO RESOLUTION 2024-113
Colorado State Forest Service Financial Assistance Program
Project Award Notification
Project Name Michigan Ditch Pre-Fire Mitigation
Project Number
SF5 Account Number 1929415
CSFS Account Title SB23-214 FRWRM Program
Estimated Total Project Cost $1,507,805
Award Amount $507,805 (Non-pass-through administered by CSFS State Forest Field Office)
Minimum Recipient Match Required $1,000,000 ($soo,ooo City of Fort collins,$500,000 CSFS via CDS)
Award Beginning Date April 1,2024
Award End Date April 1,2028
Federal Funds
State Funds
Other Funds Congressionally Directed Spending (CDS)
Based on the strength of the application submitted,the Colorado State Forest Service (CSFS)is providing
funding in the amount up to but not exceeding $507,805 to accomplish the project described in the
attached Scope of Work (Attachment A).
As the recipient,City of Fort collins,will be reimbursed for allowable costs incurred in implementing the
project up to the amount listed above once the following requirements are met:
Complete work as described in Attachment A (Scope of Work)including following Best
Management Practices for Forest Management Practices.
Cost/Match Documentation:
o Expenses incurred prior to the Award Beginning Date will not be reimbursed or used as match.
o Provide documentation that project funds have been matched at a minimum of $1,000,000.
a Documentation supporting costs and match must be submitted through the local CSFS Field
Office for reimbursement.Documentation for all expenses (actual costs and values of items
that are not out-of-pocket expenses)and match is required.Follow the guidelines in the
Expense Guidance”tab located in the enclosed CSFS Grant Reimbursement Package.
o Only actual recipient costs that support accomplishing the Scope of Work as indicated in
Attachment A of the Project Award Notification are eligible for reimbursement.Non-recipient
costs may be used as match.Non-recipients are third party participants (contributors other
than the award recipient)supporting the implementation of the project.
o In-kind activities will be documented on the current CSFS In-Kind Cost Documentation Form
using the current volunteer rate at the time work was completed.Grant recipients may use a
spreadsheet to track hours,however,the information must be summarized in the In-Kind form.
0 In instances where there are multiple landowners involved with providing in-kind services
documentation of volunteer hours will come from the CSFS In-Kind Cost Documentation Form
for each landowner involved with the project and must be signed by the landowner.
o For projects where the award recipient passes funds to individual landowners,the landowner’s
labor is reimbursable and valued at the volunteer rate.Reimbursement will only be made to
the original award recipient who will then reimburse the landowner.Ex.HOA is the award
recipient and makes additional awards to individual landowners.Landowners do the work,
submit documentation to HOA,HOA submits reimbursement request for HOA to CSFS,CSFS
reimburses HOA, HOA reimburses individual landowner.
o Grant funds cannot be used for homeowner labor,volunteer labor,personnel coordination or
grant administration;however these activities are valuable and can be considered as match.
8
No
Yes
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Item 13.
EXHIBIT B TO RESOLUTION 2024-113
o Grant funds may not be used to purchase capital equipment unless the equipment was
approved and described in Attachment A Scope of Work.Tangible supplies under $5,000 that
contribute to the Scope of Work are allowable if approved and described in Attachment A
Scope of Work.
o Project work will be inspected by the CSFS Field Office to certify the work meets the Scope of
Work as described in Attachment A.Once all documentation is complete the CSFS Supervisory
Forester will sign/date to certify the work and that costs/match are allowable.
NEW Project Reporting Requirements:
o Grant recipients will be required to submit spatial map data (e.g.,shapefiles)with each
reimbursement request,indicating the completed project work.
o A final report,using the CSFS provided template,will be required at the completion of the
project,along with final project spatial map data and project photos (jpeg).This report must
be submitted at the time the final reimbursement request is submitted to avoid having 10%
of the total grant award withheld from reimbursement.
NEWI Record Retention/Data Sharing:At all times during and following the Term of this Agreement,
including any extensions or renewals hereof,all records,information and data collected or
developed during the performance of the Agreement,and any information provided to CSFS by
Licensor or developed during the performance of the Agreement shall be owned and retained by
CSFS for academic and research purposes,which may include sharing information with CSFS
affiliates.Any publishing or information made available to the public will not include personal
information of Licensor.Upon request,Licensor may request the removal of Licensor’s information
or property information on any publishing or information available to the public,and,if feasible,
CSFS shall remove such requested information.
City of Fort Collins certifies that neither the award recipient nor any principals represented herein
are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from participation in this transaction by any federal department or agency.
The local CSFS Field Office is responsible for completing the CSFS Reimbursement Paperwork Package with
documentation provided by the award recipient.
This funding may be extended at the discretion of the CSFS Program Manager.Requests for extensions
must be made in writing at least 90 days before the award end date.Requests must be sent to the local
CSFS Supervisory Forester and include:why an extension is needed,new timeline for completion,and
changes to the Scope of Work (deliverables)if applicable.The CSFS Field Office will review and forward to
the appropriate Program Manager for approval.Approvals will be given in writing to the award recipient.
As the award recipient I have read,understand,and agree to the conditions of participating in this
financial assistance program.
Award Recipient Signature:Date:
Award Recipient Name:
Mailing Address:P.O.Box 580
Fort Collins,CO 80522
Telephone Number:970-221-6505
Email Address:kdimartino@fcgov.com
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Item 13.
EXHIBIT B TO RESOLUTION 2024-113
Colorado State Forest Service Financial Assistance Program
Attachment A:Scope of Work
Project Name:#8 Michigan Ditch Pre-Fire Mitigation
CSFS Account Number:1929415
Work to be completed/deliverables:
Project Summary
Michigan Ditch is critical infrastructure for the City of Fort Collins water supply and project
work will reduce the risk of future larger-scale wildfires by completing a total of 150 acres of
fuels reduction work.The CSFS State Forest Field Office will be administering the project work
outlined in this SOW on behalf of The City of Fort Collins and will encumber grant funds via the
CSFS contracting process.The City of Fort Collins will coordinate with the CSFS State Forest
Field Office and follow the reimbursement procedures and cost documentation requirements
described in the Project Award Notification for tracking and reporting project costs and match.
Prescription
Three prescriptions:Unit 1,Unit 2,and small (4-acre)HIZ treatment within Unit 2 around City
of Fort Collins historic structures.
Prescription for Unit 1 has a post-harvest target live Basal Area of 70-90 ft2 per acre.Dead
standing trees 6”dbh will be removed (BA 159 ft2 per acre),excluding four snags per acre for
wildlife (spruce &fir >10”dbh).Surface fuels target is 20-30 tons per acre,to maintain soil
moisture &provide habitat whilst minimizing potential for high soil burn severity.Prescription
calls for removal of live overstory fir greater than 30ft in height at risk of blowdown or declining
from western balsam bark beetle.
Prescription is designation by description,the contractor will conduct treatment based upon the
following criteria by tree species.Additional information is provided in Appendix D.
Engelmann spruce
Harvest and remove all dead Engelmann spruce from project area.
Retain live Engelmann spruce protected from windthrow,either 30 foot or less total
height or clumped with other live trees in a protected area
Sub-Alpine Fir
Harvest and remove from project area all merchantable (dead and live)subalpine fir
greater than 30 feet in total height to meet basal area targets
Retain windfirm,healthy fir where applicable,painted in BLUE
Lodgepole Pine
Harvest and remove from project area all dead lodgepole pine.
Make an effort to retain all live lodgepole pine where operationally feasible.
Snags
Favor spruce for retaining four snags per acre
Exclude areas within 200 feet of the Ditch and associated infrastructure
Painted in YELLOW
Prescriptions for Treatment Unit 2 (Prescription 2&3)
Prescription 2 has a post-harvest target live Basal Area of 70-90 ft2 per acre.All standing dead
trees will be removed (BA =34 ft2 per acre),excluding four snags per acre for wildlife (spruce &
fir>10”dbh).Additional removal of live trees will target fir (live BA =107 ft2 per acre)to meet
target basal area.
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Item 13.
EXHIBIT B TO RESOLUTION 2024-113
Engelmann Spruce
Harvest and remove from project area all dead Engelmann spruce.
Retain live Engelmann spruce protected from windthrow,either
o 30 foot or less total height
o Or clumped with other live trees in a protected area
Favor spruce for retaining four snags per acre;exclude areas within 200 feet of the Ditch
and associated infrastructure
Sub-Alpine Fir
Harvest and remove from project area all merchantable (dead and live)subalpine fir
greater than 30 feet in total height to meet basal area targets
Thin live young fir stands to meet additional basal area targets
Retain windfirm,healthy fir where applicable,painted in BLUE
Lodgepole Pine
Harvest and remove from project area all dead lodgepole pine.
Make an effort to retain all live lodgepole pine where operationally feasible.
Snags
Favor spruce for retaining four snags per acre
Exclude areas within 200 feet of the Ditch and associated infrastructure
Painted in YELLOW
Within Unit 2 there is an approximately four-acre area that will follow Prescription 3,which
reduces fuels surrounding City of Fort Collins structures.Guidance follows standards in the 2021
CSFS HIZ guide.Contractor will be responsible for product removal in Zone 3.In Zone 3(30 to
l5Oft uphill ¶llel to structures,3Oto 250 ft on downslope of structures)crowns will be
thinned to average spacing of lOft.Retention will favor lodgepole pine>Engelmann spruce>
subalpine fir.All dead trees and mistletoe or broom rust infected trees will be cut.Slash piles
will be built where operationally feasible.
Prescriptions for Slash (All Units)
For tethered harvest,lop and scatter slash treatment will be employed.Intermediate and co
dominant fir will be cut to create slash mats for minimizing erosion.
Helicopter treatment will employ whole tree harvest.Trees will be flown to landing sites along
the American Lakes Road for processing,and slash piles built with non-merchantable material.
CSFS will conduct winter burning operations at a later date.
Utilization &Slash Management Plan
30-35 CCF sawtimber per acre is anticipated from the treatment area and will be sold to relevant
local mills where applicable.Spruce and fir POL are less desirable,so primary markets will be
sawtimber and firewood.
Budget Details
Award:$507,805
Match:$1,000,000 (66.32 %)-City of Fort Collins:$500,000,CSFS (Via CDS):$500,000
Approved budget items include contractual costs to complete the fuels reductions work,
personnel/labor,and supplies/materials.
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Item 13.
EXHIBIT B TO RESOLUTION 2024-113
Assessment &Further Planning
CSFS will assess the entire project area throughout the treatment process and will adjust as
necessary to maximize impact of funding.At completion of tethered treatment,the State Forest
Field Office will provide an in-depth plan for further treatment if funding remains.
Any proposed changes during this assessment period will be provided to the P1 for the FRWRM
grant.
Milestone dates:
Treatment of the project area will begin in summer of 2024.Initial treatment will be
tethered logging of approximately 100 acres of high priority treatment area.Total acres
treated in 2024 will depend on operational limitations of tethered harvest machinery.
In fall 2024,CSFS will assess connectivity of treated areas and targeted areas,then
prioritize remaining areas to apply treatment and submit plan
In winter/spring of 2025,CSFS will bid and contract the remaining project funds for
treating high priority areas to facilitate highest connectivity.CSFS will administer the
project,and ensure that non-commercial material at the landing sites along American
Lakes Road are piled within contract specifications.
In Fall of 2025,CSFS will inspect the treatment area for contract closeout.
In winter of 2026,CSFS personnel will burn slash piles from the helicopter treatment.
In Spring of 2026,CSFS will seed burned areas with native grass mix.
In Summer of 2026 the City of Fort Collins will prepare a report with:acres treated,a
treatment map,merchantable volume removed,non-merchantable volume burned,and
before and after aerial drone imagery.
Project Completion deadline:April 1,2028
Final Report and reimbursement request due to local CSFS Field Office:May 1,2028
Standards or Guidelines:Best Management Practices must be followed for all forest
management/fuels mitigation work completed under this award.Refer to the handbook
Forestry Best Manaaement Practices to Protect Water Quality in Colorado for more information.
Additional helpful resources include:
The Home Ignition Zone
CSFS guidelines for Defensible Søace and Fuelbreaks
CSFS guidelines for Prunin Cuts and Pruning Evergreens
All work completed under this award must be certified as meeting minimum Colorado State
Forest Seniice standards prior to any reimbursement being made to the award recipient.CSFS
Grant Reimbursement Request Package will be used to both request reimbursement and to
certify that work has been completed to minimum standards.
P.O.B
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Item 13.
File Attachments for Item:
14. Resolution 2025-055 Supporting the Grant Application for Funding for Front Range
Passenger Rail Project Planning.
The purpose of this item is to obtain support for the City in applying for funding under the
Colorado Department of Local Affairs Energy and Mineral Impact Assistance Fund program.
Page 403
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Seth Lorson, FC Moves
Kerri Ishmael, Utility Financial Operations
SUBJECT
Resolution 2025-055 Supporting the Grant Application for Funding for Front Range Passenger Rail
Project Planning.
EXECUTIVE SUMMARY
The purpose of this item is to obtain support for the City in applying for funding under the Colorado
Department of Local Affairs Energy and Mineral Impact Assistance Fund program.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
FC Moves and Engineering, in collaboration with the City of Loveland, are presently pursuing two grant
opportunities through the State of Colorado: Energy/Mineral Impact Assistance Fund Grant (EIAF) from
the Department of Local Affairs (DOLA) and Nonattainment Area Air Pollution Mitigation Enterprise
(NAAPME) Community Clean Transportation Assistance Grant Funding Program from Colorado
Department of Transportation (CDOT). This funding will support station location and preliminary design f or
Front Range Passenger Rail (FRPR), a new passenger rail system along the Front Range. The
collaborative request under the NAAPME program is pending.
Both City of Fort Collins and City of Loveland identify the need to commence this preliminary planning effort
to align with timing of the FRPR. This initial planning study serves as the catalyst for the cities of Fort Collins
and Loveland to align with the vision established by FRPR District, an independent government agency
with the mission to plan, design, finance, construct, operate and maintain a new passenger rail system
along the Front Range. While a priority to align with future operation of the FRPR, both cities have limited
funds to support covering 100% of total project costs.
To support meeting the funding gap for this preliminary planning project, the City, in partnership with the
City of Loveland, applied to the DOLA grant program in late March. The cities anticipate using the DOLA
grant funds for the local match for the NAAPME grant. DOLA fund s are needed regardless of CDOT
supporting the preliminary study in full or in part under the NAAPME grant program. The scope of work will
be scaled down absent NAAPME funds, supporting both cities in completing preliminary planning to identify
station location in Fort Collins and Loveland and to meet the FRPA District's schedule for advanced station
planning.
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Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
Support of FC Moves and Engineering in pursuing funds under DOLA’s EIAF grant program does not
impact City finances. If the grant is awarded, the City will seek appropriation of such grant funds from
Council.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution 2025-055
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Item 14.
-1-
RESOLUTION 2025-055
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING THE GRANT APPLICATION FOR FUNDING FOR FRONT
RANGE PASSENGER RAIL PROJECT PLANNING
A. The purpose of this item is to show the City’s support for application for
funding under the Colorado Department of Local Affairs (“DOLA”) Energy and Mineral
Impact Assistance Fund (“EIAF”) program for station location and preliminary design for
Front Range Passenger Rail (“FRPR”), a new passenger rail system along the Front
Range.
B. The cities of Fort Collins and Loveland identify the need to commence this
preliminary planning effort to align with timing of the FRPR. FC Moves and Engineering,
in collaboration with the City of Loveland, are presently pursuing grant opportunities
through the State of Colorado for this initial planning.
C. This initial planning study serves as the catalyst for the cities of Fort Collins
and Loveland to align with the vision established by FRPR District, an independent
government agency with the mission to plan, design, finance, construct, operate and
maintain a new passenger rail system along the Front Range. It is both cities’ priority to
align with future operation of the FRPR and to meet the FRPA District's schedule for
advanced station planning, but both cities have limited funds to support covering all the
initial planning costs.
D. To help fund the preliminary planning project, the City applied to the DOLA
grant program in late March. DOLA grant funding requires a demonstration of City support
and commitment to the application. This Resolution demonstrates that the City Council
has taken official action to endorse the application.
E. Under City Code Section 22-44, the City may accept grants in aid of the
construction of any local public improvements.
F. Support of the FC Moves and Engineering departments in applying for this
DOLA EIAF grant program does not impact City finances. If the grant is awarded, the City
will seek appropriation of the grant funds from City Council.
G. The City Council finds and determines that the adoption of this Resolution
advances the public’s health, safety, and welfare by facilitating further design and
improvement of the City’s and region’s transportation safety and infrastructure and by
facilitating cost-sharing among local, regional, and state entities.
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:
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Item 14.
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Section 1. The City Council approves and supports the application for funding
for preliminary design and station location planning for the Front Range Passenger Rail
and intends to provide required matching funds or other required contributions.
Section 2. The City Council supports the preliminary design and station location
planning for the Front Range Passenger Rail and the future operation of the Front Range
Passenger Rail.
Passed and adopted on May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 6, 2025
Approving Attorney: Heather N. Jarvis
Page 407
Item 14.
File Attachments for Item:
15. Resolution 2025-056 Making an Appointment to the Board of Directors of Housing
Catalyst.
The purpose of this item is to fill one vacancy on the Board of Directors of Housing Catalyst that
has existed since December 31, 2024.
Page 408
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 6, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2025-056 Making an Appointment to the Board of Directors of Housing Catalyst.
EXECUTIVE SUMMARY
The purpose of this item is to fill one vacancy on the Board of Directors of Housing Catalyst that has existed
since December 31, 2024.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
This Resolution makes an appointment to fill one vacancy on the Housing Catalyst Board of Directors. The
term of Ann Green expired on December 31, 2024, creating a vacancy in the resident seat.
City Code Section 2-474 provides that the Housing Authority shall consist of seven Commissioners
appointed as set forth in Colorado Revised Statutes Section 29-4-205. One of such Commissioners may
be a City official. Under this method of appointment, each Commissioner shall serve without compensation
for a term of five years. No Commissioner shall serve more than two full, consecutive terms.
On April 17, 2025, Councilmember Emily Francis interviewed applicants for the Housing Catalyst Board.
This term will begin immediately upon adoption of this Resolution. The name of the individual
recommended to fill this vacancy is listed below.
Housing Catalyst
Appointments Term Effective Date Expiration of Term
Heather Clemenshaw (Seat E) Immediately upon adoption of this
Resolution December 31, 2029
Page 409
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
None.
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 website, media releases for earned coverage in local media sources, and social media promotion
of opportunities.
ATTACHMENTS
1. Resolution 2025-056
2. Application
Page 410
Item 15.
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RESOLUTION 2025-056
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE BOARD OF DIRECTORS OF HOUSING
CATALYST
A. The Housing Catalyst Board of Directors has a remaining vacancy due to
the expiration of the term of Ann Green.
B. The City Council desires to make an appointment to fill this vacancy on the
Housing Catalyst Board.
C. In light of the foregoing recitals, which the Council hereby makes and
adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that the following named person is hereby appointed to fill
one of the open vacancies on the Housin g Catalyst Board with a term to begin and
expire as noted below next to the appointee’s name:
Housing Catalyst
Appointments Term Effective Date Expiration of Term
Heather Clemenshaw (Seat E) Immediately upon adoption of
this Resolution
December 31, 2029
Passed and adopted on May 6, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 6, 2025
Approving Attorney: Carrie Daggett
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Heather Clemenshaw 3/23/2025 5:40 PM
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