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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/15/2019 - RESOLUTION 2019-103 SUPPORTING THE GRANT APPLICATIAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY October 15, 2019 City Council STAFF Suzanne Bassinger, Civil Engineer III Cyril Vidergar, Legal SUBJECT Resolution 2019-103 Supporting the Grant Application for a Local Park and Outdoor Recreation Grant from the State Board of Great Outdoors Colorado to Develop a Link from the Colorado State University Main Campus to the Spring Creek Trail. EXECUTIVE SUMMARY The purpose of this item is to request City Council support for an application toward and municipal sponsorship for the 2019 Great Outdoors Colorado (GOCO) Local Park and Outdoor Recreation (LPOR) Grant. If awarded the grant will partially fund construction of the Phemister Trail, consisting of a paved trail and bridge connecting the bicycle and pedestrian underpass of Prospect Road at Center Avenue to the City of Fort Collins Spring Creek Trail and Center Bikeway. Colorado State University (CSU) will manage and fund the project and has requested the City of Fort Collins act as the required municipal sponsor and fiscal agent for the project. GOCO requires a resolution of support from City Council as part of the grant application package. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University, Exhibit B, illustrated the contemplated improvements within the easement, including the location of a future trail connection to the existing Spring Creek Trail. The Fort Collins 2013 Paved Recreational Trail Master Plan also identified and anticipated the completion of this connector trail (Phemister Trail) by others. CSU secured partial funding for the construction of the Phemister Trail project from a private donor and parking permit revenue. In addition, CSU is seeking two grants to complete project funding: a Colorado State Parks and Wildlife State Trails Grant and the subject GOCO Local Park and Outdoor Recreation Grant (GOCO Grant). The GOCO grant must be submitted by a municipal sponsor, which GOCO requires to act as fiscal agent for grant administration. CSU has requested the City of Fort Collins submit the GOCO grant as the municipal sponsor. If the GOCO grant is awarded, CSU and the City of Fort Collins will enter into an Intergovernmental Agreement (IGA) specifying responsibilities of both parties, to be approved separately by Council or the City Manager. A draft IGA is attached. (Attachment 2) CSU estimates the entire project budget at approximately $600,000, to include approximately 1,000 lineal feet of 12-foot wide paved trail and a bridge crossing Spring Creek. The GOCO grant application total funding request is approximately $297,000. If approved, the City will sponsor and administer the GOCO grant award sum of $297,000 only. CSU plans to fund the remainder of the project through the State Trails Grant, with the required matching funds for both grants being provided by CSU. Agenda Item 9 Item # 9 Page 2 The Phemister Trail will provide an off-street connection between the CSU main campus and bike network, the Fort Collins Center Bikeway, and the Spring Creek Trail. In 2018 a trail counter at the north end of the proposed Phemister Trail averaged 1,400 bicyclists and pedestrians per day. The trail will also enhance the safe use of the existing underpass at Prospect Road. Currently northbound bicyclists and pedestrians must enter traffic on Center Avenue, frequently during rush hour congestion, to utilize the underpass. Alternately, bicyclists have been frequently observed riding the wrong way on the west Center Avenue sidewalk to avoid a mid-block crossing. Construction of the Phemister Trail will allow bicyclists and pedestrians to access the Center Avenue underpass at Spring Creek, cross Spring Creek at a new bridge, and continue along the off- street trail to the Prospect underpass. This trail will help connect employees and students to CSU from residences in south Fort Collins and provide a safe route for all Fort Collins residents and visitors to travel to the Gardens at Spring Creek, CSU stadium and campus events, and through campus to downtown. CITY FINANCIAL IMPACTS Obtaining this grant will allow Colorado State University to fully fund the construction of the Phemister Trail. No financial contribution for this construction is requested from the City of Fort Collins and no funds have been appropriated. Colorado State University is requesting a permanent trail easement through the City’s partially developed Lilac Park. Final location and compensation for the easement is yet to be determined and will be separately presented to the City Council for approval, along with the grant agreement with GOCO and subgrant agreement with CSU. BOARD / COMMISSION RECOMMENDATION This matter was not considered by the Parks and Recreation Board. ATTACHMENTS 1. Grant Project Map (PDF) 2. Project Agreement (PDF) WŚĞŵŝƐƚĞƌdƌĂŝůʹWƌŽƐƉĞĐƚǀŝĂ>ŝůĂĐWĂƌŬƚŽ'ĂƌĚĞŶƐĂƚ^ƉƌŝŶŐƌĞĞŬ ATTACHMENT 1 PROJECT AGREEMENT (City of Fort Collins, Colorado and Colorado State University) This Agreement is made this ________ day of ______________, 2019 between the City of Fort Collins, 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 (“CSU”); Recitals A. City applied (as a co-applicant with CSU) for and received a grant from Great Outdoors Colorado, (GOCO) for the Phemister Trail connection between the CSU main campus, the Fort Collins Center Bikeway, and the Spring Creek Trail in Fort Collins; B. CSU is an ineligible recipient of the grant and the parties intend by this agreement for the City to be the conduit through which CSU will receive grant benefits; C. The Grant Agreement is attached to this agreement as Exhibit “A”; D. CSU intends to bind itself to the City for all City obligations stated in the Grant Agreement; E. CSU intends to convey to the City a limited interest in the real property described in Exhibit “B” which limited property interest shall be for the purposes of satisfying the terms and conditions of the Grant Agreement; Agreement 1. City shall use diligent efforts to fulfill all conditions precedent to obtaining the grant stated in the Grant Agreement. CSU will cooperate with City and provide all documents necessary for City to fulfill the conditions precedent. CSU further assumes all other City liabilities and binds itself to City for all City obligations to GOCO, contained in the Grant Agreement. 2. City does not assume any obligation to CSU to construct, operate, or maintain the improvements contemplated by the grant. 3. Unless a claim by GOCO arises out of the negligence or other wrongful act of City, CSU shall be responsible to City for any claim under the Grant Agreement, in the same manner and extent as City may be responsible to GOCO. 4. CSU shall operate and maintain the improvements contemplated by the Grant Agreement, in accordance with established CSU and City policies for bike network maintenance. Should any claim for personal injuries, property damage or wrongful death be asserted as a result of the construction, operation, maintenance, or use of the ATTACHMENT 2 improvements contemplated by the Grant Agreement, the parties shall be responsible for such claim in the manner provided by the Colorado Governmental Immunity Act and the Colorado law concerning pro-rata liability. 5. By executing this Agreement the parties do not waive any immunity or limit liability contained in the Colorado Governmental Immunity Act; do not create a multi- year fiscal obligation; and do not create any other financial obligation not supported by a current appropriation. 6. This Agreement does not create any rights in any individual not a party to this agreement. 7. This document, and exhibits, shall constitute the entire agreement of the parties. 8. CSU hereby grants to City a limited license in, and right of entry to, the property described in Exhibit “B” for the purposes stated in the Grant Agreement, Exhibit “A”, and for no other purpose. Such license and right of entry shall be exercised only in the event CSU has failed to comply with the requirements of the Grant Agreement and shall include all rights reasonably necessary, as determined by the City, for City to enter upon the property and perform its obligations to GOCO under the Grant Agreement. This right includes the ability of City to use its employees, agents or outside contractors. This license and right of entry further include the right to enter upon the property with any equipment or vehicles. 9. This Agreement, including the limited right of entry and license, shall terminate simultaneously with the termination of all City obligations under the Grant Agreement. 10. No waiver of any breach of any provision of this Agreement shall operate as a waiver of any other or subsequent breach thereof or of any other provision. No provision of this Agreement shall be deemed to have been waived unless such waiver is in writing and signed by the waiving Party. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. 11. Except as set forth herein, City certifies no officer, employee, student or agent of CSU has been employed, retained, or paid a fee, or has otherwise received or will receive during the term of this Agreement any personal compensation or consideration by or from City or any City director, officer, employee, or agent in connection with obtaining, arranging, negotiating or conducting this Agreement without advance, written notification to CSU. 12. Headings. Paragraph headings are for reference and convenience only and shall not be determinative of the meaning or the interpretation of the language of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. ATTEST: BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, acting by and through Colorado State University: ________________________ By:_________________________________ [Title] Printed Name: [Title]: ATTEST: CITY OF FORT COLLINS, COLORADO a Colorado municipal corporation ________________________ By:________________________ [Title] Printed Name: [Title]: -1- RESOLUTION 2019-103 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARK AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF GREAT OUTDOORS COLORADO TO DEVELOP A LINK FROM THE COLORADO STATE UNIVERSITY MAIN CAMPUS TO THE SPRING CREEK TRAIL WHEREAS, the City created a Paved Recreation Trail Master Plan in 2013 (the “Plan”) and has already completed 40-plus miles of recreational trails under the Plan; and WHEREAS, the Plan provides policy guidance for three City departments: Parks, Recreation, and Park Planning & Development; and WHEREAS, Colorado State University (“CSU”) recently approached Park Planning & Development with an opportunity to sponsor a State grant for a portion of the construction of the Phemister Trail -- a segment of the remaining 25+ miles of trail system described in the Plan, linking the Spring Creek Trail with the main CSU campus at Prospect Road (the “Project”); and WHEREAS, the Project will remove bicycles and pedestrians from a high traffic area and enhance the use of the existing grade separated crossing of Prospect Road, a major arterial adjacent to and serving the main CSU campus; and WHEREAS, CSU is applying for partial Project funding through a Colorado State Recreational Trails grant from Colorado Parks & Wildlife in the amount of $215,722, to which CSU is required to provide a 20% cash match ($53,930); and WHEREAS, CSU also desires to work with the City to pursue a Local Park and Outdoor Recreation grant from the State Board of Great Outdoors Colorado (“GOCO”) for additional Project funding, and has requested the City serve as a municipal sponsor/co-applicant for the grant application; and WHEREAS, GOCO Local Park and Outdoor Recreation grants help local governments execute a range of park development efforts, including new park development, enhancing existing park facilities, and park land acquisition, with grant amounts up to $350,000; and WHEREAS, if awarded, grant revenues will be used to help fund easement acquisition, trial and bridge construction, and ADA-compliant enhancements for the City’s Lilac Park, the Phemister Trail, and a connection to the Spring Creek Trail north of the Gardens on Spring Creek and west of Center Avenue; and WHEREAS, the entire cost of the Project is approximately $706,000, and the GOCO- funded portion the Project is approximately $370,000, comprised of $297,068 in requested grant revenues and a 20% ($74,267) financial match required of CSU; and WHEREAS, as a municipal sponsor, the City will not be required to make a direct financial contribution toward the Project; however, it will need to enter into agreements with -2- GOCO and CSU to receive and disperse the grant funds when awarded, and to provide in-kind grant administration through existing City staff resources, the funding sources for which have already been appropriated; and WHEREAS, as part of its grant application process, GOCO requires the governing body of any municipal sponsor on a grant application pass a resolution to show the local government is aware of and supports the Project and recognizes the financial and other obligations the grant creates. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals above. Section 2. That the City Council strongly supports collaborating with CSU in application for a GOCO Local Park and Outdoor Recreation grant and will provide any required in-kind contributions as a municipal sponsor/co-applicant on the Project. Section 3. That if the grant is awarded, the City Council strongly supports the completion of the Project and authorizes the expenditure of funds necessary to meet the City’s obligations under the terms of any grant awarded. Section 4. That when the grant is awarded, staff will present to City Council for review and approval a project agreement and an easement agreement with CSU for the Project, and a grant agreement with GOCO on terms and conditions consistent with and as necessary or appropriate to protect the interests of the City and effectuate the purpose of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of October, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk