HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2020 - RESOLUTION 2020-089 AUTHORIZING THE MAYOR TO EXECU Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY October 6, 2020
City Council
STAFF
Caryn Champine, Director of PDT
Ingrid Decker, Legal
SUBJECT
Resolution 2020-089 Authorizing the Mayor to Execute a Revised Intergovernmental Agreement with Colorado
State University Related to Canvas Stadium.
EXECUTIVE SUMMARY
The purpose of this item is to approve a Resolution authorizing the City Manager to sign the CSU - City of Fort
Collins Stadium Operations Intergovernmental Agreement.
In 2015, the City and CSU entered into an Intergovernmental Agreement (IGA) to address the construction and
opening of the new stadium. The 5-year term of this agreement concluded this year and both parties agreed to
a new 5-year IGA. The fundamental structure and intention of the new IGA is the same as the previous
version, with the purpose of the original agreement to ensure the stadium experience continues to be of benefit
to the community.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2015, the City and CSU entered into an Intergovernmental Agreement (IGA) to address the construction and
opening of the new on-campus stadium. The original IGA went before Council during a work session on
October 27, 2015. The purpose of the IGA is to set a framework for more detailed operational agreements and
plans for game day services including Police, Traffic, Parking, and Transfort. The 5-year term of that
agreement concluded this year and both parties agreed to a new 5-year IGA.
The revision process included virtual brainstorming, wordsmithing and research into other college towns with
stadiums, resulting in multiple iterations of the IGA. These drafts were reviewed with engagement from other
City departments including Transfort, Parking, Traffic Operations, Police Services and Neighborhood Services.
Multiple reviews and refinement of the draft IGA have taken place by both CSU and the City. Council has been
provided with memos regarding the progress of the CSU IGA revisions in August and September of 2020.
CSU and the City both agree to a continued partnership to ensure mutually beneficial outcomes during major
events, such as home football games. Most of the updates are to reflect post-construction of the stadium and
existing operation agreements and coordination efforts between CSU and City departments and
neighborhoods. Key changes made to the IGA include:
• Public Transportation Services: CSU and the City will continue the annual partnership supporting public
transportation services for major events at the stadium. The primary change is there will be an annual
assessment of demands and deeper conversation on the best approach to resource those changing
needs. Previous practice has been to renew a separate IGA that provides details on service and pricing.
Agenda Item 13
Item # 13 Page 2
We plan to continue to apply that approach moving forward, as needed. For the 2020/2021 major event
season, we will not deploy additional buses to our normal routes in light of the current pandemic.
• Stadium Advisory Group (SAG): SAG was put in place to maintain neighborhood coordination during the
construction and opening of the stadium. All stakeholders agree this group served its purpose during the
stadium’s opening and can conclude. A formal letter is being sent to the SAG to notify them of this change.
Many other established services and agreements are successfully addressing potential neighborhood
impacts such as parking, trash, noise, and lighting. The agreement includes a provision to convene CSU
and City leadership if issues escalate.
• Good Neighbor Fund: The Good Neighbor Fund was intended to provide a funding source to address
neighborhood impacts. This fund was utilized at the opening of the stadium on two different occasions.
Since then, CSU has not received any applications for this funding, even with significant advertising
initiatives. The City and CSU both agree this fund can be discontinued. Existing neighborhood coordination
efforts remain in place to support future concerns.
CITY FINANCIAL IMPACTS
The revised IGA does not require any financial resources from the City. There is a separate IGA in place with
detailed transportation plans and cost to CSU. The City will continue to meet with CSU annually to assess the
current demands and negotiate the most financially feasible options. In the 2020/2021 season specifically,
CSU and the City have agreed that Transfort will not deploy additional buses to the normal routes given the
current COVID-19 pandemic.
PUBLIC OUTREACH
A formal letter is being sent to the Stadium Advisory Group communicating that this group will be dissolved
and thanking them for their service. The City and CSU will continue to use existing methods to connect with
community members to address any future issues regarding the stadium and manage impact to surrounding
neighborhoods.
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RESOLUTION 2020-089
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A REVISED
INTERGOVERNMENTAL AGREEMENT WITH
COLORADO STATE UNIVERSITY RELATED TO CANVAS STADIUM
WHEREAS, on December 2, 2014, the City Council adopted Resolution 2014-109
approving a mitigation report for an on-campus stadium at Colorado State University (CSU) and
indicating the City’s desire to enter into an intergovernmental agreement with CSU identifying
key impacts that could be caused by an on-campus stadium and mitigation strategies to lessen the
impact of event day operations at an on-campus stadium; and
WHEREAS, the City Council also expressed a desire to, in such intergovernmental
agreement, determine responsibilities for costs that might be incurred in addressing mitigation
measures; and
WHEREAS, on March 17, 2015, the City Council adopted Resolution 2015-037
approving an intergovernmental agreement that addressed stadium impacts and mitigation,
identified key stadium-related infrastructure improvements and CSU’s financial responsibility
for them, and also noted additional projects for which future shared responsibility could be
considered (the “2015 IGA”); and
WHEREAS, CSU broke ground on Canvas stadium in September 2015, and the stadium
opened in August 2017; and
WHEREAS, on May 16, 2017, the City Council adopted Resolution 2017-047
authorizing a first addendum to the 2015 IGA to update the details and costs of several
infrastructure improvement projects related to the stadium; and
WHEREAS, since then the infrastructure improvements have been completed, and the
2015 IGA expired earlier this year; and
WHEREAS, CSU and the City wish to enter into a new, updated intergovernmental
agreement (the “2020 IGA”) to continue the established partnership related to managing the
impacts of major events at the stadium; and
WHEREAS, the proposed 2020 IGA is attached hereto and incorporated herein as
Exhibit “A”; and
WHEREAS, the revised IGA, which would be for an initial term of five years, does not
require any financial contribution from the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the Mayor to execute the 2020
IGA in substantially the form attached hereto as Exhibit “A”, together with such modifications
and additions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City, provided such changes are
materially consistent with the terms of this Resolution and the intended purpose of the 2020 IGA.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of October, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
RELATED TO THE ON-CAMPUS STADIUM
THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
(“Agreement”), dated ____________, 2020, is entered into by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation (“City”), and THE BOARD OF GOVERNORS OF
THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO
STATE UNIVERSITY (“CSU”). The City and CSU are referred to herein individually as a “Party” and
collectively as the “Parties.”
A. On April 13, 2015, the Parties entered into an Intergovernmental Agreement, as later
amended by a First Addendum dated June 22, 2017 (the “2015 IGA”).
B. The purpose of the 2015 IGA was to document plans and agreements developed by the
Parties to identify and mitigate the impacts related to CSU’s construction and operation of an on-campus
stadium facility at the CSU campus, including but not limited to operational planning, infrastructure
improvements, transit operations, parking and traffic issues, law enforcement and security services and
neighborhood relationships.
C. The Parties jointly identified the need and responsibility to evaluate and manage the
existing pedestrian and bicycle traffic entering, exiting, and traversing campus, as well as the increase in
such traffic created by the use of the stadium. The Parties also acknowledged the mutual goal of
promoting bike and pedestrian safety both on- and off-campus. This responsibility, in conjunction with
the Parties’ mutual commitment to reducing vehicle traffic, was achieved by the improvement of access
points around campus, including both grade-separated crossings and same-grade crossings. The safety
and management of pedestrian and bicycle traffic is further achieved by a multi-modal approach to event
operations. By emphasizing public transit, as well as implementing best efforts to disperse and spread
out peak arrival and departure flows, the Parties can avoid unnecessary infrastructure costs while
maximizing the stadium’s benefit to CSU and the City.
D. Now that the major infrastructure improvements contemplated by the 2015 IGA have
been completed, and the stadium has been operational for several seasons, the Parties wish to update the
2015 IGA with an amended agreement that reflects that Parties present intentions regarding stadium
operations.
E. The precise impact of the use of the stadium on the surrounding campus, neighborhoods
and public services and infrastructure cannot always be perfectly predicted. The Parties agree to
continue to work together in good faith to identify impacts and common needs, and to develop plans for
mitigating such impacts going forward.
F. For the purposes of this Agreement the Parties have deemed the terms “campus” and
“main campus” to mean generally the area bounded by Laurel Street, Shields Street, Prospect Road and
College Avenue that is owed and used by CSU for academic purposes, administrative purposes and
EXHIBIT A
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other programs and activities associated with CSU. The terms “campus’ and “main campus” are not
intended to have a particular legal or interpretive significance as used in this Agreement.
G. As set forth in this Agreement, the City and CSU agree to take specific steps to mitigate
the impacts of the on-campus multi-use stadium facility and, by continuing the 2015 IGA in this updated
and restated form, agree to continue to collaborate and coordinate together in order to advance these
objectives.
NOW, THEREFORE, the Parties agree as follows:
1. Term. The term of this Agreement will begin on the date it is fully executed by
the Parties (the "Effective Date") and shall continue until June 30, 2025, provided that the
Agreement shall be automatically extended for successive five (5) year terms until either party
gives written notice to the other of its intent to terminate this Agreement at the end of its then-
current term. Such notice shall be given at least sixty (60) days prior to the end of the then-
current term. The Parties have agreed to review and update this Agreement as needed through
the adoption of addenda, as more specifically described below.
2. Use of the Stadium.
A. Uses. CSU uses the on-campus stadium facility (the "Stadium") for
several purposes, including but not limited to football practices and games, other CSU
NCAA sports, club sports practices and games, intramural practices and games, band and
cheerleading practices, athletic camps, as well as special events such as welcome and
orientation events, graduation ceremonies, distinguished speakers, and occasional
concerts, and various academic and student support purposes, many of which already
occur in other CSU locations, including on the main campus.
B. Major Events. For purposes of this Agreement, a "Major External Event" is
defined as a ticketed event, for which tickets are offered for sale to the public, featuring a
performance external to CSU, at which attendance is anticipated to exceed 12,000 persons.
For purposes of this Agreement, a "Major CSU Event" shall mean any event held at the
Stadium that is expected to take place (and ultimately does take place) in the Stadium that,
based on past experience, advance ticket sales or other reasonably accurate and publicly
available information, is reasonably expected to attract 12,000 or more attendees who are
primarily CSU students, faculty, staff, alumni, donors, or supporters and their respective
family members and guests, including but not limited to CSU football games,
commencement, or new student orientation.
CSU agrees not to hold more than three (3) Major External Events in any calendar year.
CSU agrees to give the City notice of at least sixty (60) days prior to any Major External
Event at the Stadium, and to review each Major External Event with the City, both before
and after it occurs. If significant problems are discovered through good faith discussions,
CSU agrees to discuss with the City a possible limit on the number or extent of future Major
External Events.
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3. Stadium Event Management.
A. Regular Coordination. CSU agrees to continue communicating and
coordinating with the City and Larimer County and other relevant agencies for all Major
CSU Events and Major External Events held at the Stadium (either referred to as a Major
Event"). In addition, CSU has developed a Major Event Coordination and Operations Plan
("the Plan") to provide a framework for management of Major Events, based upon the size,
nature and timing of such events. The Plan is intended to assist CSU and the City in
establishing a framework for planning and coordinating other events that are not considered
Major Events but are anticipated to alter the pattern or volume of pedestrian, transit or other
traffic flows, or otherwise impact the public facilities serving the CSU campus. The Parties
agree to work cooperatively to review and update the Plan from time to time in coordination
to reflect the information developed through experience with events and operation of the
Stadium. The Plan also identifies a process and mechanism for a game-day communications
plan to provide for communication of game-day concerns and coordination, and generally
identifies costs of operations expected to be incurred by the City and required in connection
with Major Events, to facilitate discussion of and planning for reimbursement of those
expenses by CSU.
B. Law Enforcement and Security. Consistent with Section 2(B) above, CSU will
provide sixty (60) days’ notice and will coordinate the provision of law enforcement and
other security for Major Events at the Stadium. CSU agrees to be responsible for additional
costs, if any, that are directly associated with the provision of law enforcement and
security for Major Events, as set forth in writing for each specific Major Event. In addition,
CSU agrees to consult with local law enforcement agencies about entering into a Special
Event Mutual Assistance Agreement or other agreement intended to coordinate and arrange
for cooperation in connection with Major Events at the Stadium or other events anticipated
to result in significant law enforcement and security needs which exceed CSU' s ability or
desire to solely provide. In planning for and responding to emergencies on campus,
including at the stadium, CSU utilizes a comprehensive Emergency Response Plan, which
incorporates the National Incident Management System ("NIMS"), and coordinates with
all other appropriate law enforcement agencies.
C. Traffic and Parking. CSU and the City agree to encourage multi-modal methods
of transportation, such as walking, bicycles, buses, and shuttles, as well as vehicles, to the
Stadium for Major Events. CSU has developed a traffic management and campus parking
plan for Major Events at the Stadium (the "Traffic/Parking Plan"), and CSU agrees to
confer with the City about any amendments, additions or replacements of or to said Plan.
The Parties agree to work together in good faith, in continuation of the spirit of current
practices, regarding such approvals and such a Plan. The Parties acknowledge that any
Traffic/Parking Plan will likely require modifications over time, depending upon
attendance, traffic patterns, and the availability of public transportation, as well as the
evaluation of impacts based on experience with events at the Stadium. The Parties agree to
review and develop plans to address costs associated with heightened or special parking
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enforcement in areas around the campus on Major Event days on an ongoing basis.
D. City Public Transportation Services.
(1) On the days of Major Events during the 2020-21 school year (August
24, 2020 to May 14, 2021) City will provide the level of Transfort
service that is standard for that day of the week at no cost to CSU.
(2) For future school years, CSU and the City agree to assess and discuss
on an annual basis what supplemental transportation services the City
may expect to provide for Major Events at the Stadium (particularly
additional services from Transfort, including MAX bus rapid transit
service), to assist with managing the flow of people to and from such
events, and how the costs for such supplemental services will be
managed by the parties, taking into account any applicable legal or
regulatory limits or requirements. As part of that assessment CSU and
the City agree to also discuss financially feasible resource options for
both parties.
E. Game-Day Activities. CSU has established and supports the ongoing efforts
of the Game Day Agency Coordination Team (the “Coordination Team”): a working group
comprised of CSU and City staff representatives in areas such as traffic, parking, transportation
and public safety, as well as representatives from other emergency services providers such as fire
and ambulance services. The Coordination Team evaluates and develops plans for the conduct of
game-day events and activities, including tailgating, which CSU intends to encourage and provide
opportunities for on the campus (rather than in adjacent neighborhoods). CSU agrees to convene
the Coordination Team in the week before a game day. The Coordination Team will consult with
the City regarding matters of shared interest and concern, and CSU will share plans for the
conduct of game-day events and activities with the City and integrate those plans into the Major
Event Coordination and Operations Plan.
4. Neighborhood Relationships. CSU and the City will work together in good faith to
examine and respond to community impacts and interactions, especially in neighborhoods surrounding
the CSU campus, related to use of the Stadium for Major Events. Relevant issues may include, but are
not limited to, trash and litter, noise, intrusive lighting, traffic, and parking issues that may occur related
to Major Events or other kinds of events at the Stadium. CSU is committed to working with the City
and neighborhoods in the vicinity of the campus to identify and address such issues. In particular, CSU
agrees to employ to the extent reasonably practicable, best practices and available technology
concerning the mitigation of noise and lighting impacts, and agrees to strive to meet the City’s noise
ordinances in connection with non-football game events at the Stadium.
5. Utilities. As agreed by CSU and the City, the City furnishes certain utility services to
the Stadium and related improvements subject to compliance with all terms and conditions for utility
service, payment of all applicable rates, fees and charges, and construction of any required
infrastructure in accordance with applicable City standards and specifications.
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6. Review Procedures and Updates. The Parties agree to meet in good faith for a periodic
review of this Agreement and any procedures attendant thereto, at a time and place to be mutually
agreed upon. Although the Parties agree to discuss any proposed amendments to the Agreement as
part of any periodic review, neither Party is obligated to agree to any subsequent amendment to the
Agreement and its provisions.
7. Existing Rights and Agreements. Nothing in this Agreement shall act to amend, modify,
or supersede any annexations, any related agreements or any other agreements, rights, or legal positions
by and between the City and CSU external to this Agreement, or to alter in any way their recourse under
the same.
8. Liability. Only to the extent permitted by applicable law, each party will be responsible
for its own negligent acts or omissions and that of its officers, employees, agents and contractors. Any
liability of the City, CSU, or their officers and employees is subject to all the defenses, immunities, and
limitations of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended (the
“CGIA”), and to any other defenses, immunities, and limitations to liability available under the law. It
is expressly understood and agreed that nothing contained in this Agreement shall be construed as an
express or implied waiver by CSU or the City of its governmental and sovereign immunities, as an
express or implied acceptance by CSU or the City of liabilities arising as a result of actions which lie in
tort or could lie in tort in excess of the liabilities allowable under the CGIA, as a pledge of the full faith
and credit the State of Colorado, or as the assumption by any of the Parties of a debt, contract or liability
of each other in violation of Article XI, Section 1 of the Constitution of Colorado.
9. Default; Dispute Resolution. If any party defaults in its obligations under the terms of
this Agreement, a non-defaulting party may give the defaulting party written notice specifying the nature
of the default. If the defaulting party has not cured the default within thirty (30) days, or, for a default
reasonably requiring more than thirty (30) days to effect a cure, has not commenced a cure within thirty
(30) days and pursued it with diligence, the non-defaulting party may terminate this Agreement,
provided that, if there is any dispute, controversy or claim arising out of or relating to this Agreement or
the breach, termination or invalidity thereof, the parties agree to attempt to resolve the dispute
informally before terminating the Agreement. Accordingly, the Parties will first elevate the disputed
issues to senior administration, and if the matters are not resolved, the Parties may then engage in
mediation or other non-binding dispute resolution methods. The Parties agree that in the event of a
breach of this Agreement by either party, except for any breach of the obligations set forth in Section
5(B) herein, the sole remedy of the non-breaching party shall be termination of this Agreement as set
forth herein, and neither party shall be liable to the other for any money damages, expenses, costs or
attorneys’ fees, and neither party shall be entitled to seek and both Parties agree to waive the right to
pursue any equitable remedies, including but not limited to injunctive relief or specific performance.
10. Notices. Any notice or other communication given by any party to another relating to
this Agreement must be hand-delivered or sent by registered or certified mail, return receipt requested,
or by overnight commercial courier, addressed to such other party at its respective addresses set forth
below; and such notice or other communication will be deemed given when so hand-delivered or three
(3) business days after so mailed, or the next business day after being deposited with an overnight
commercial courier:
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If to the City:
City Manager
City of Fort Collins
Attn: Darin A. Atteberry
P.O. Box 580
Fort Collins, CO 80522
With a copy to:
City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to CSU:
Office of the President
Colorado State University
Attn: President Joyce McConnell
0100 Campus Delivery
Fort Collins, CO 80523-0100
With a copy to:
Office of the General Counsel
Colorado State University System
01 Administration Building
0006 Campus Delivery
Fort Collins, CO 80523-0006
11. Obligations Subject to Appropriation. The obligations of CSU and the City to commit or
expend funds in any subsequent fiscal year are subject to and conditioned upon the annual appropriation
of funds sufficient and intended to carry out said obligations by the Fort Collins City Council and the
Board of Governors of the Colorado State University System, respectively, in the City and CSU’s sole
discretion. If the City Council or the Board of Governors does not appropriate funds necessary to carry
out any such obligations, the City or CSU will notify the other party promptly of such non-
appropriation. If such non-appropriation results in a material impairment of the City’s or CSU’s rights
hereunder, such party may terminate the Agreement, with no further recourse against the other party, by
providing thirty (30) days written notice.
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12. General Provisions.
A. Words of the masculine gender include the feminine and neuter gender; and when
the sentence so indicates, words of the neuter gender refer to any gender. Words in the singular include
the plural and vice-versa.
B. This Agreement is to be construed according to its fair meaning and as if prepared
by both Parties and is deemed to be and contain the entire understanding and agreement between the
Parties. There shall be deemed to be no other terms, conditions, promises, understandings, statements,
or representations, expressed or implied, concerning this Agreement unless set forth in writing and
signed by the Parties.
C. This Agreement cannot be modified or assigned except in writing signed by all
parties.
D. Subject to the provisions hereof, the benefits of this Agreement and the burdens
hereunder inure to and are binding upon the parties hereto and their respective heirs, administrators,
successors, agents and permitted assigns.
E. This Agreement will be governed by and its terms construed under the laws of the
State of Colorado. Any judicial proceedings commenced by a party to enforce any of the obligations,
covenants, and agreements contained herein, must be commenced in the Larimer County District Court
located in Fort Collins, Colorado.
F. Nothing contained herein is deemed or should be construed by the Parties nor by
any third party as creating the relationship of principle and agent, a partnership or a joint venture
between the Parties, or any employment relationship between the Parties.
G. This Agreement is made for the sole and exclusive benefit of the City and CSU,
and it is not made for the benefit of any third party.
H. If any term or condition of this Agreement is held to be invalid by final judgment
of any court of competent jurisdiction, the invalidity of such a term or condition, will not in any way
affect any of the other terms or conditions of this Agreement, provided that the invalidity of any such
term or condition does not materially prejudice any party in their respective rights and obligations under
the valid terms and conditions of this Agreement.
I. No party will be deemed in violation of this Agreement if prevented from
performing any of its respective obligations hereunder by reason of strikes, boycotts, labor disputes,
embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of superior
governmental authorities, weather conditions, rights, rebellions, sabotage, or any other circumstances for
which it is not responsible or that are not within its control.
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THE CITY OF FORT COLLINS, COLORADO
a Municipal Corporation
Date: By:
ATTEST:
City Clerk
________________________________
(Print name)
APPROVED AS TO FORM:
City Attorney
__________________________________
(Print name)
THE BOARD OF GOVERNORS
OF THE COLORADO STATE UNIVERSITY
SYSTEM, ACTING BY AND THROUGH
COLORADO STATE UNIVERSITY
Date: ___________________ By: ________________________________
Joyce McConnell, President
Legal Review:
Date: ________________________ By: ____________________________
Colorado State University System