HomeMy WebLinkAbout059 - 05/21/2024 - MAKING A SUPPLEMENTAL APPROPRIATION FROM THE LOCAL PLANNING CAPACITY GRANT FOR THE AFFORDABLE HOUSINORDINANCE NO.059,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE LOCAL
PLANNING CAPACITY GRANT FOR THE AFFORDABLE HOUSING
AND PLANNING DEVELOPMENT PROCESS IMPROVEMENT
PROJECT AND APPROVING A RELATED GRANT AGREEMENT
A.In February 2024,the City applied for a $200,000 grant from the Local
Planning Capacity (“LPC”)grant program administered by the Department of Local Affairs
(“DOLA”).The LPC grant program was established by Proposition 123,the State
Affordable Housing Fund and supports local governments’efforts to implement systems
that expedite the development review process for affordable housing.
B.In March 2024,staff received notification that the City’s grant application
had been awarded full reimbursement funding,subject to a 21%match requirement.
DOLA has provided the City with a draft grant agreement (“Agreement”)to govern the
grant funding,which is attached hereto as Exhibit “A”.
C.This Grant will be used to help reduce approval timelines for affordable
housing by approximately 50%compared to Fort Collins’s baseline approval averages
from 2019-2023 (“Project”.).Staff plans to achieve this goal through both land use code
changes and a formal process improvement project utilizing LEAN principles.Grant
funding will support consultant expertise in LEAN principles and project management,
which are critical for a project that seeks to implement process improvement among the
more than fifteen departments involved in development review.Upon completion,Fort
Collins will be poised to consistently achieve the 90-day Fast Track requirements under
Proposition 123.
D.The state of Colorado issued the Agreement,which grants an award of
$200,000 to the City for the Project.The Agreement includes a 21%City match
requirement of the total Project cost and such funds were previously appropriated.
E.This appropriation benefits public health,safety and welfare of the citizens
of Fort Collins and serves the public purpose of improving the efficiency of the City’s
administrative processes relating to affordable housing development.
F.Article V,Section 9 of the City Charter permits the City Council,upon
recommendation of the City Manager,to make a supplemental appropriation by ordinance
at any time during the fiscal year,provided that the total amount of such supplemental
appropriation,in combination with all previous appropriations for that fiscal year,do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G.The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
—1—
H.Article V,Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal,state or private grant
or donation,that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made,but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
I.The City Council wishes to designate the appropriation herein for the Local
Planning Capacity Grant as an appropriation that shall not lapse until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.There is hereby appropriated from new revenue or other funds in the
General Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000)to be
expended in the General Fund for the Affordable Housing and Planning Development
Process Improvement Project.
Section 2.The appropriation herein for the Local Planning Capacity Grant is
hereby designated,as authorized in Article V,Section 11 of the City Charter,as an
appropriation that shall not lapse at the end of this fiscal year but continue until the earlier
of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
Section 3.The City Council authorizes the City Manager or their designee to
accept the grant and obligate the City to comply with the terms of the grant of the award
and Agreement.
Introduced,considered favorably on first reading on May 7,2024,and approved
on second reading for final passage on May 21,2024.
ATTEST:
Interim City Clerk -
Effective Date:May 31,2024
Approving Attorney:Ted Hewitt
EXHIBIT A TO ORDINANCE NO 059 2024
State of Colorado Intergovernmental Grant Agreement
SUMMARY OF TERMS AND CONDITIONS
State Agency DLG Portal Number CMS Number
Department of Local Affairs (DOLA)LPC-24-010 190603
Grantee Grant Award Amount Retainage Amount
City of Fort Collins $200,000.00 $10,000.00
Project Number and Name Performance Start Date Grant Expiration Date
LPC-24-0 10 Fort Collins -Fast Track LEAN Process The later of the Effective Date December 31,2025
Improvements or April 22,2024
Project Description Program Name
The Project consists of upgrading development review Local Planning Capacity Grant Program (Acctg Dropdwn LPO)
software and hiring consultants to support Lean process Funding Source
improvements across City departments in order to implement STATE FUNDS
a system to expedite the development review process for Catalog of Federal Domestic Assistance (CFDA)Number
affordable housing projects and generally advance affordable N A
housing goals in Fort Collins,Colorado.
DOLA Program Manager Funding Account Codes
Robyn DiFalco.(720)682-5202,(robvn.difalco(?i~state.co.us)Acctg enters CTGGI it
DOLA Program Assistant VCUST#Address
Jessica Rupe,(720)557-4902,(iessica.runee?1~state.co.us)14149 Code A0004 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
Jared S.Polis,Governor
DEPARTMENT OF LOCAL AFFAIRS DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER Maria De Cambra,Executive Director
By:Maria De Cambra,Executive Director
By:Robyn DiFalco,LPC Program Manager
Date:Date:
In accordance with §24-30-202 C.R.S.,this Grant is not valid until signed and dated below by the State Controller
or an authorized_delegate (the “Effective Date”).
STATE CONTROLLER
Robert Jaros.CPA,MBA,JD
By:Beulah Messick,Controller Delegate
Department of Local Affairs
Effective Date:
EXHIBIT A TO ORDINANCE NO.059,2024
LPC-24-OlO Fort Collins -Fast Track LEAN Process Improvements
TERMS AND CONDITIONS
1.GRANT
As of the Performance Start Date,the State Agency shown on the Summary of Terms and
Conditions page of this Intergovernmental Grant Agreement (the “State”)hereby obligates and
awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement (the “Grantee”)an award of Grant Funds in the amount shown on the Summary
of Terms and Conditions page of this Intergovernmental Grant Agreement.By accepting the Grant
Funds provided under this Intergovernmental Grant Agreement,Grantee agrees to comply with the
terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions
of all Exhibits to this Intergovernmental Grant Agreement.
2.TERM
A.Initial Grant Term and Extension
The Parties’respective performances under this Intergovernmental Grant Agreement shall
commence on the Performance Start Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement.Upon request of Grantee,the State may,in its sole
discretion,extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter showing
the new Grant Expiration Date.
B.Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor,General Assembly,or Courts.If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State,Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated,or otherwise become unavailable to fund this Intergovernmental Grant
Agreement,the State,in its discretion may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee.If the State terminates
this Intergovernmental Grant Agreement in the public interest,the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work
satisfactorily completed,as determined by the State,less payments previously made.
Additionally,the State,in its discretion,may reimburse Grantee for a portion of actual,out-
of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement
that are incurred by Grantee and are directly attributable to the uncompleted portion of
Grantee’s obligations,provided that the sum of any and all reimbursements shall not exceed
the maximum amount payable to Grantee hereunder.This subsection shall not apply to a
termination of this Intergovernmental Grant Agreement by the State for breach by Grantee.
C.Reserved.
3.AUTHORITY
Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows:
A.Resen’ed.
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B.State Authority
Authority to enter into this Grant exists in C.R.S.24-32-106 and 29-3.5-101 and funds have
been budgeted,appropriated and otherwise made available pursuant to C.R.S.Section 29-32-
1030)eL seq.(Affordable Housing Support Fund)and a sufficient unencumbered balance
hereof remains available for payment.Required approvals,clearance and coordination have
been accomplished from and with appropriate agencies.This Intergovernmental Grant
Agreement is funded,in whole or in part,with State funds.
4.DEFJNITIONS
The following terms shall be construed and interpreted as follows:
A.“Budget”means the budget for the Work described in Exhibit B.
B.“Business Day”means any day on which the State is open and conducting business,but shall
not include Saturday,Sunday or any day on which the State observes one of the holidays
listed in §24-11-10J(1)C.R.S.
C.Reserved.
U.“CORA”means the Colorado Open Records Act,§~24-72-20O.1 c/seq.,C.R.S.
E.“Grant”or “Intergovernmental Grant Agreement”means this agreement which offers
Grant Funds to Grantee,including all attached Exhibits,all documents incorporated by
reference,all referenced statutes,rules and cited authorities,and any future updates thereto.
F.“Grant Funds”or “Grant Award Amount”means the funds that have been appropriated,
designated,encumbered,or otherwise made available for payment by the State under this
Intergovernmental Grant Agreement.
G.“Grant Expiration Date”means the Grant Expiration Date shown on the Summary of Terms
and Conditions age of this Lntergovernmental Grant Agreement.Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
H.“Performance Start Date”means the later of the Performance Start Date or the Effective
Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement.
I.“Exhibits”means the following exhibits attached to this Intergovernmental Grant
Agreement:
i.Exhibit B,Scope of Project
ii.Exhibit G,Form of Option Letter
J.“Extension Term”means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement,an
amendment,or an Option Letter.
K.Reserved.
L.Reserved.
M.“Goods”means any movable material acquired,produced,or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired produced,or delivered by Grantee in connection with the Services.
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N.“Incident”means any accidental or deliberate event that results in,or constitutes an
imminent threat of,the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification,disruption,or destruction of any State Records.
0.“Initial Term”means the time period between the Performance Start Date and the initial
Grant Expiration Date.
P.“Matching Funds”or “Other Funds”means funds provided by the Grantee as a match
required to receive the Grant Funds.
Q.“Party”means the State or Grantee,and “Parties”means both the State and Grantee.
R.Resen’ed.
S.Reserved.
T.Reserved.
U.Reserved.
V.“Services”means the services performed by Grantee as set forth in this Intergovernmental
Grant Agreement,and shall include any services rendered by Grantee in connection with the
Goods.
W.“State Confidential Information”means any and all State Records not subject to disclosure
under CORP..State Confidential Information shall include,but is not limited to State
personnel records not subject to disclosure under CORP..State Confidential Information shall
not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State,which has been communicated,furnished,or disclosed by
the State to Grantee which (i)is subject to disclosure pursuant to CORA;(ii)is already known
to Grantee without restrictions at the time of its disclosure to Grantee;(iii)is or subsequently
becomes publicly available without breach of any obligation owed by Grantee to the State;
(iv)is disclosed to Grantee,without confidentiality obligations,by a third party who has the
right to disclose such information;or (v)was independently developed without reliance on
any State Confidential Information.
X.“State Fiscal Rules”means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-2020 3)(a)C.R.S.
V.“State Fiscal Year”means a 12 month period beginning on July 1 of each calendar year and
ending on June30 of the following calendar year.If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Z.“State Records”means any and all State data,information,and records,regardless of
physical form,including,but not limited to,information subject to disclosure under CORP..
AA.Reserved.
RB.“Subcontractor”means third-parties,if any,engaged by Grantee to aid in performance of
the Work.“Subcontractor”also includes sub-grantees.
CC.Reserved.
DD.Reserved.
EE.Reserved.
FF.“Work”means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
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GG.“Work Product”means the tangible and intangible results of the Work,whether finished or
unfinished,including drafts.Work Product includes,but is not limited to,documents,text,
software (including source code),research,reports,proposals,specifications,plans,notes,
studies,data,images,photographs,negatives,pictures,drawings,designs,models,surveys,
maps,materials,ideas,concepts,know-how,and any other results of the Work.“Work
Product”does not include any material that was developed prior to the Performance Start
Date that is used,without modification,in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
5.PURPOSE
The purpose of the Local Planning Capacity Grant Program is to increase the capacity of local
government planning departments responsible for processingland ilse~permitting,and zoning
applications for affordable housing projects.The purpose of tHis Grant is described in Exhibit B.
6.SCOPE OF PROJECT a
Grantee shall complete the Work as described in this Ir~tergovernmental Grant Agreement and in
accordance with the provisions of Exhibit B.The Siate shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the peffoiüiance of any services that are not
specifically set forth in this Intergovernmental Grant AQgrëernent.
7.PAYMENTS TO GRANTEE
A.Maximum Amount
Payments to Grantee are limited to tIj~unpaid,obligated balance of the Grant Funds.The
State shall not pay Grañteekany amount u’nder this Grant that exceeds the Grant Award
Amount shown on the Suriithary of Terms and Conditions page of this Intergovernmental
Grant Agreement*~8
i.The State .rnay increa~I or’decrease the Grant Award Amount by providing Grantee
with an ujdated Inter~overnmèntal Grant Agreement or an executed Option Letter
showing the ne~E rant Award Amount.
ii.,t;The State shall not~j~g~liable to pay or reimburse Grantee for any Work performed or
~expense in~êuned beforethe Performance Start Date or after the Grant Expiration Date.
ilL Financial obligations of the State payable after the current State Fiscal Year are
¶‘~.contingent up35~funds for that purpose being appropriated,budgeted,and otherwise
ihade availa6i~
B.Reserv&t
C.Matching Fu’nds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the
“Local Match Amount”).Grantee shall appropriate and allocate all Local Match Amounts to
the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting
any Grant Funds for that fiscal year.Grantee does not by accepting this Intergovernmental
Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year
debt of Grantee.Grantee shall not pay or be liable for any claimed interest,late charges,fees,
taxes or penalties of any nature,except as required by Grantee’s laws or policies.
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P.Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs,not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B.
The State shall only reimburse allowable costs if those costs are:(a)reasonable and necessary
to accomplish the Work and for the Goods and Services provided;and (b)equal to the actual
net cost to Grantee (i.e.the price paid minus any items of value received by Grantee that
reduce the cost actually incurred).
i.pon request of the Grantee,the State may,without changing the maximum total
amount of Grant Funds,adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E.Close-Out and De-obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date.To
complete close out,Grantee shall submit to the State all deliverables (including
documentation)as defined in this Intergovernmental Grant Agreement and Grantee’s final
reimbursement request or invoice.The State will withhold 5%of allowable costs until all
final documentation has been submitted and accepted by the State as substantially complete.
Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement
request are subject to de-obligation by the State.
F.Erroneous Payments
The State may recover,at the State’s discretion,payments made to Grantee in error for any
reason,including,but not limited to,overpayments or improper payments,and unexpended
or excess funds received by Grantee.The State may recover such payments by deduction
from subsequent payments under this Intergovernmental Grant Agreement,deduction from
any payment due under any other contracts,grants or agreements between the State and
Grantee,or by any other appropriate method for collecting debts owed to the State.
8.REPORTING -NOTIFICATION
A.Performance and Final Status
Grantee shall submit all financial,performance and other reports to the State no later than the
end of the close out period described in §7.E.
B.Violations Reporting
Grantee shall disclose,in a timely manner,in writing to the State,all violations of federal or
State criminal law involving fraud,bribery,or gratuity violations potentially affecting this
Award.
9.GRANTEE RECORDS
A.Maintenance and Inspection
Grantee shall make,keep,and maintain,all records,documents,communications,notes and
other written materials,electronic media files,and communications,pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant.Grantee shall permit the State to audit,inspect,examine,excerpt,copy and transcribe
all such records during normal business hours at Grantee’s office or place of business,unless
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the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B.Monitoring
The State will monitor Grantee’s performance of its obligations under this Intergovernmental
Grant Agreement using procedures as determined by the State.The State shall have the right,
in its sole discretion,to change its monitoring procedures and requirements at any time during
the term of this Agreement.The State shall monitor Grantee’s performance in a manner that
does not unduly interfere with Grantee’s performance of the Work.
C.Audits
Grantee shall comply with all State and federal audit requirements.
10 CONFIDENTIAL INFORMATION-STATE RECORDS
A.Confidentiality
Grantee shall hold and maintain,and cause all Sub&ñtractors to hold and~rnaintain,any and
all State Records that the State provides or4~icTs available to Grantee f&the sole and
exclusive benefit of the State,unless those State Records are otherwise publically available
at the time of disclosure or are subject to discldsure ~~Grantee under CORA.Grantee shall
not,without prior written approval of the State,use for~Grantee’s own benefit,publish,copy,
or otherwise disclose to any third party or permit the~use by any third party for its benefit or
to the detriment of the State,any State Records,Exèept as otherwise stated in this
Intergovernmental Grant Agreement~Gra’nteé shall provide for the security of all State
Confidential Information in accordance~with al!poiIZi~spromuIgated by the Colorado Office
of Information Security and all applicableilaws,rules,~blicies,publications,and guidelines.
If Grantee or any of ifs SuBcontractots~viII or may receive the following types of data,
Grantee or its Subóontractorsshall provide for the security of such data according to the
following:(I)tht~ost recently promulgated IRS Publication 1075 for all Tax Information
and in accordance1with theSafe~uarding Requirements for Federal Tax Information attached
to this Grant as an Exhigit if appIic~bl~(ii)the most recently updated PCI (payment card
information)Data Security Standard from the PCI Security Standards Council for all PCI,
(iii)~ihe most~ecentIy issued version of the U.S.Department of Justice,Federal Bureau of
1n~stigation,Criminal ]~ttice Information (CJI)Services Security Policy for all CJI,andw(iv)the federal Health Insurance Portability and Accountability Act (HIPAA)for all
jrotected health ini~rmation (PHI)and the HIPAA Business Associate Agreement attached
to this.Grant,if applicable.Grantee shall immediately forward any request or demand for
State Records to the State’s principal representative.
B.Other EntitygAccess and Nondisclosure Agreements
Grantee may provide State Records to its agents,employees,assigns and Subcontractors as
necessary to perform the Work,but shall restrict access to State Confidential Information to
those agents,employees,assigns and Subcontractors who require access to perform their
obligations under this Intergovernmental Grant Agreement.Grantee shall ensure all such
agents,employees,assigns,and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant,and that the nondisclosure agreements
are in force at all times the agent,employee,assign or Subcontractor has access to any State
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Confidential Information.Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C.Use,Security,and Retention
Grantee shall use,hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States,and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located.Grantee shall provide the State with access,subject to
Grantee’s reasonable security requirements,for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness.Upon
the expiration or termination of this Grant,Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so,as directed
by the State.If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information,Grantee warrants it will guarantee the confidentiality of,and cease
to use,such State Confidential Information.
B.Incident Notice and Remediation
If Grantee becomes aware of any Incident,it shall notify the State immediately and cooperate
with the State regarding recovery,remediation gnd the necessity to involve law enforcement,
as determined by the State.After an Incident,Grahtee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State,which may include,
but is not limited to,developing and implementing a r~mediation plan that is approved by the
State at no additional cost to the State.~$:.,
E.Safeguarding Personally Identifiable information (Pll)gv
If Grantee or any of itsISU&ontractors *i!I&may receive P11 under this Agreement,Grantee
shall provide for the)~écurity~’.of such P11,in a manner and form acceptable to the State,
including,without limitation,State ribn-disclosure requirements,use of appropriate
technology,seéuirity practices,computer acbess security,data access security,data storage
encryption,data transmission encryption security inspections,and audits.Grantee shall be a
“Third-Party Serdcé Prdvider”as defined in §24-73-103(1)0),C.R.S.and shall maintain
securityjfrocedures and practices consistent with §~24-73-101 c/seq.,C.R.S.In addition,as
setti~{h in §24-7~4-I02,et~seq.,C.R.S.,Grantee,including,but not limited to,Grantee’s
employees,ageiit&’and Subóóntractors,agrees not to share any P11 with any third parties for
the purpose of inv&stigating for,participating in,cooperating with,or assisting with Federal
immigration enforcement.If Grantee is given direct access to any State databases containing
P11,G?antee shall execute,on behalf of itself and its employees,the certification on an annual
basis,attached a~àn exhibit,if applicable.Grantee’s duty and obligation to certify as set forth
in the exliil~j~shall continue as long as Grantee has direct access to any State databases
containing PIT.If Grantee uses any Subcontractors to perform services requiring direct access
to State databases containing P11,the Grantee shall require such Subcontractors to execute
and deliver the certification to the State on an annual basis,so long as the Subcontractor has
access to State databases containing P11.
11.CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities,or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant.Grantee
acknowledges that,with respect to this Grant,even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval,Grantee shall refrain
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from any practices,activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant.If a conflict or the appearance of a conflict
arises,or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration.Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105,C.R.S.Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105,C.R.S.with regard to this Grant.
12.INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance,by
commercial policy or self-insurance,as is necessary to meet its liabilities under the Colorado
Governmental immunity Act,§24-10-101,ci seq.,C.R.S.(the “GIA”).Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13.REMEDIES
In addition to any remedies available under any Exhibit to this Intergovernmental Grant
Agreement,if Grantee fails to comply with any term or condition of this Grant,the State may
terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State
in the State’s sole discretion.The State may also terminate this Intergovernmental Grant
Agreement at any time if the State has determined,in its sole discretion,that Grantee has ceased
performing the Work without intent to resume performance,prior to the completion of the Work.
14.DISPUTE RESOLUTION
Except as herein specifically provided otherwise,disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15.NOTICES AND REPRESENTATIVES
Each Party shall identi&an individual to be the principal representative of the designating Party
and shall provide this information to the other Party.All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing,and shall be delivered either in
hard copy or by email to the representative of the other Party.Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §15.
16.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual,irrevocable,non-exclusive,royalty free license,with
the right to sublicense,to make,use,reproduce,distribute,perform,display,create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17.GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments,boards,commissions,committees,bureaus,offices,employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental immunity Act,
§24-10-101,eiseq.,C.R.S.;the Federal Tort Claims Act,28 U.S.C.Pt.VI,Ch.171 and 28 U.S.C.
1346(b),and the State’s risk management statutes,§~24-30-l50l,c/seq.C.R.S.No term or
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EXHIBIT A TO ORDINANCE NO.059,2024
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condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver,
express or implied,of any of the immunities,rights,benefits,protections,or other provisions,
contained in these statutes.
18.GENERAL PROVISIONS
A.Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior,written consent of the State.Any attempt at assignment or transfer
without such consent shall be void.Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
B.Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only,and shall not be used to interpret,define,or limit its provisions.All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the §symbol),subsections,exhibits or other attachments,are references to sections,
subsections,exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C.Entire Understanding
This intergovernmental Grant Agreement represents the complete integration of all
understandings between the Parties related to the Work,and all prior representations and
understandings related to the Work,oral or written,are merged into this Intergovernmental
Grant Agreement.
D.Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement,which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter.The Parties may also agree to modification of the
terms and conditions of the Grant in either an option letter or a formal amendment to this
Grant,properly executed and approved in accordance with applicable Colorado State law and
State Fiscal Rules.
E.Statutes,Regulations,Fiscal Rules,and Other Authority
Any reference in this Intergovernmental Grant Agreement to a statute,regulation,State Fiscal
Rule,fiscal policy or other authority shall be interpreted to refer to such authority then
current,as may have been changed or amended since the Performance Start Date.Grantee
shall strictly comply with all applicable Federal and State laws,rules,and regulations in effect
or hereafter established,including,without limitation,laws applicable to discrimination and
unfair employment practices.
F.Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract,Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules,then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
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EXHIBITATO ORDINANCE NO 059 2024
LPC-24-OIO Fort Collins -Fast Track LEAN Process Improvements
G.Order of Precedence
In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement
and any Exhibits or attachment,such conflict or inconsistency shall be resolved by reference
to the documents in the following order of priority:
i.Colorado Special Provisions in §19 of the main body of this Grant;
ii.Any executed Option Letter and Amendment;
iii.The provisions of this Intergovernmental Grant Agreement;and
iv.The provisions of any exhibits to this Intergovernmental Grant Agreement.
H.Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement,which shall remain in full force and effect,provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
J.Third Party Beneficiaries
Except for the Parties’respective successors and assigns described above,this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties.Any services or benefits which
third parties receive as a result of this Grant are incidental to the Grant,and do not create any
rights for such third parties.
K.Waiver
A Party’s failure or delay in exercising any right,power,or privilege under this
Intergovernmental Grant Agreement,whether explicit or by lack of enforcement,shall not
operate as a waiver,nor shall any single or partial exercise of any right,power,or privilege
preclude any other or further exercise of such right,power or privilege.
L.Accessibility
i.Grantee shall comply with and adhere to Section 508 of the U.S.Rehabilitation Act
of 1973,as amended.
ii.Grantee shall comply with and the Work Product provided under this Agreement
shall be in compliance with all applicable provisions of §~24-85-l0l,et seq.,
C.R.S.,and the Accessibility Standards for Individuals with a Disability,as
established by OIT pursuant to Section §24-85-103 (2.5),C.R.S.Grantee shall also
comply with all State of Colorado technology standards related to technology
accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG),incorporated in the State of Colorado technology
standards.
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EXHIBITATOORDNANCENO 059 2024
LPC-24-OlO Fort Collins -Fast Track LEAN Process Improvements
iii.The State may require Grantees compliance to the State’s Accessibility Standards
to be determined by a third party selected by the State to attest to Grantee’s Work
Product and software is in compliance with §~24-85-101,et seq.,C.R.S.,and the
Accessibility Standards for Individuals N ith a Disability as established by OIT
pursuant to Section §24-85-103 (2.5),C.R.S.
M.Reserved.
19.COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A.STATUTORY APPROVAL.§24-30-202(1)C.R.S.
This Intergovernmental Grant Agreement shall not be valid until it has been approved by the
Colorado State Controller or designee.If this Intergovernmental Grant Agreement is for a
Major Information Technology Project,as definedin §24-37.5-102(2.6),then this
Intergovernmental Grant Agreement shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B.FUND AVAILABILITY.§24-30-202(5.5)ÜR.S.
Financial obligations of the State payable afiet~the current fiscal year are contingent upon
funds for that purpose being appropriated,budgetedpan’d otherwise made available.
C.GOVERNMENTAL IMMUNITY~
Liability for claims for injuries to pethoñs or property arising from the negligence of the
Parties,its departments,boards,conirnissionscommittee~%ureaus,offices,employees and
officials shall be controlled and limited byth~provisions of the Colorado GovernmentalWa-
Immunity Act,§24~lO:lOI,.et seq.,C4R~S~the Federal Tort Claims Act,28 U.S.C.Pt.VI,
Ch.171 and 28 U~C[1346(b),and the State’s risk management statutes,§~24-3O-150l,ci
seq.C.R.S.No,term or coWdition of this Intergovernmental Grant Agreement shall be
construed oriiite~preted as~ã waiver,express or implied,of any of the immunities,rights,
benefits,protections or othé~pro.’isions,contained in these statutes.
~1,:
D.INDEPENDENT CONTRACTOR.
it
Grantèë shall petform its-duties hereunder as an independent Grantee and not as an employee.
Neither Grantei~tr anyl~ent or employee of Grantee shall be deemed to be an agent or
~êrnpIoyee of the StAte.Grantee shall not have authorization,express or implied,to bind the
State to any agreement,liability,or understanding,except as expressly set forth herein.
Gi~antee and its eñiployees and agents are not entitled to unemployment insurance or
workers compeiis&tion benefits through the State and the State shall not pay for or
otherwisé~jg~ide such coverage for Grantee or any of its agents or employees.Grantee
shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Intergovernmental Grant Agreement Grantee shall (a)
provide and keep in force workers’compensation and unemployment compensation
insurance in the amounts required by law,(b)provide proof thereof when requested by
the State,and (c)be solely responsible for its acts and those of its employees and agents.
E.COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws,rules,and regulations in
effect or hereafter established,including,without limitation,laws applicable to
discrimination and unfair employment practices.
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EXHIBIT A TO ORDINANCE NO 059,2024
LPC-24-OIO Fort Collins -Fast Track LEAN Process Improvements
F.CHOICE OF LAW,JURISDICTION,AND VENUE.
Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the
interpretation,execution,and enforcement of this Intergovernmental Grant Agreement.Any
provision included or incorporated herein by reference which conflicts with said laws,rules,
and regulations shall be null and void.All suits or actions related to this intergovernmental
Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
C.PROHIBITED TERMS.
Any term included in this Intergovernmental Grant Agreement that requires the State to
indemnii3’or hold Grantee harmless;requires the State to agree~•~to binding arbitration;limits
Grantee’s liability for damages resulting from death,bodily:iñjüry,or damage to tangible
property;or that conflicts with this provision in any way sh~äll be void ab initio.Nothing in
this Intergovernmental Grant Agreement shall be construid as a waicer of any provision of
§24-106-109 C.R.S.
H.SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under thislitergovernirkntal Grant Agreement shall not
be used for the acquisition,operation,or maini&nance ofcomputer software in violation of
federal copyright laws or applicable licensing rèitriètions.Grantee hereby certifies and
warrants that,during the term of this’Intergovernmental Grant Agreement and any extensions,
Grantee has and shall maintain i~~la[cé.appropriate systems and controls to prevent such
improper use of public funds.If t1ie~State determines t~~Grantee is in violation of this
provision,the State may exercise añygemedy k~iaiIa6le at law or in equity or under this
Intergovernmental Grant-Agreement,including,without limitation,immediate termination of
this intergovernment~itGràñtAgreemei~iVAnd any remedy consistent with federal copyright
laws or applicableflicensing i4~trictions.7’~.
EMPLOYEE flNANCIAIC.INTEREST/$~ONFLICT OF INTEREST.§~24-18-201 and
24-50-507C.R.S.’
The signatories averth~t to their knowledge,no employee of the State has any personal or
benëfi~ial’interest whatsoever in the service or property described in this Intergovernmental
G~M~Agreemen~Grantèèhasno interest and shall not acquire any interest,direct or indirect,
:~that would confiic~ih any manner or degree with the performance of Grantee’s services and
Grantee shall not employ any person having such known interests.
IL
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Page 13 of 13 Version 122023
EXHIBIT A TO ORDINANCE NO 059,2024
LPC-24-0I0 Fort Collins -Fast Track LEAN Process Improvements
EXHIBIT B -SCOPE OF PROJECT (SOP)
1.PURPOSE
1.1.Local Planning Capacity.The purpose of the Local Planning Capacity (LPC)grant program is to
provide funding to local governments to increase the capacity of their planx~ing departments responsible
for processing land use,permitting,and zoning applications for housing projects.“Fast Track”or
expedited review of affordable housing projects is a top priority to increase the number of units built.
Grant Funds may be used support new staff wages,hiring consultants,implementing new systems and
technologies,revising land use development codes,regional collaborations,and tracking and
documentation of Prop 123 goals.
2.DESCRIPTION OF THE PROJECT(S)AND WORK
2.1.Project Description.The Project consists of upgrading developmenvr~vi~w software and hiring
consultants to support Lean process improvements across City departrneñtsin order to implement a
system to expedite the development review process for affordable)ousing projects and generally
advance affordable housing goals in Fort Collins,Colorado.•.~,‘~
2.2.Work Description.The City of Fort Collins (Grantee)wilIhire qualified consultàiits,with expertise in
Lean principles and project management,to explore proèess improvements across City~dèpartments in
order to implement an expedited review process foraffordable hoding.Work includes auditing
existing conditions,presenting findings,making recdninendations,staff training.and implementation
of process improvements.Additional Work includes upgrades to development review software as part
of the City’s development review digital transformation project..Grantee may also conduct targeted
stakeholder engagement activities related to some of the Projéctel ments.where applicable.The
Grantee will complete quarterly performance mèffië reporting in ~thrm provided by DOLA.
Additionally,at Project Closeout,a Final lilformal Memó.will be submitted that identifies the
following:1)description of the Grantee’s approachjo expeditédtreview of affordable housing;2)the
outcome of that effort,including whether new’policies were formally adopted and an assessment how
effectively this approach hasbeen’at.reducingjflj~amount of time required for review;3)any other
project outcomes that impacted th~Grantee’s Prop 123-related goals;4)description of community
engagement efforts;á)1the numberof affordable’rhousing units that were either permitted or preserved
during the grant p~4&I;6)the degr&;to which thrgrant has had a transformative impact on Grantee’s
affordable housing efforts and 7)any Iessohsj,èàrned.Grantee will own all resulting documents.
2.2.1.A contract for consultant services shall be awarded by Grantee to a qualified firm through a
f6~~llRequest For Proposals or competitive selection process.
2.2.2.~”A contract fdr’tlie purci~ase~or acquisition of materials or equipment shall be awarded by
Grantee to a qualified vendor or firm through a competitive selection process with the Grantee
.~being obligated to award the contract to the lowest responsive,responsible bidder meeting the
Grantee’s specifications.
2.2.3.During a peri2gj’~f ten (10)years following the date of closeout of the Project by the State,the
Grantéema4iiZit chanpe the ownership of the equipment.If the Grantee decides to change
the ownefsliip of the equipment to an entity which the State determines does not qualify in
meeting the original intent of the Project,the Grantee must reimburse to the State an amount
equal to the current fair market value of the equipment,less any portion of the value attributable
to expenditures of non-LPC grant funds for acquisition of and improvements to.the equipment.
At the end of the ten (10)year period following the date of completion and thereafter,no State
restrictions on ownership of the equipment shall be in effect.
2.3.Responsibilities.Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1.Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4.Recapture of Advanced Funds.To maximize the use of Grant Funds,the State shall evaluate
Grantee’s expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
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EXHIBIT A TO ORDINANCE NO 059,2024
LPC-24-O1O Fort Collins -Fast Track LEAN Process Improvements
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5.Eligible Expenses.Eligible expenses shall include:consultant fees,RFP/bid advertisements,
equipment and software acquisition costs,freight costs,hardware,software and training costs,
installation costs,and attorney’s fees.
2.5.1.Direct costs are those that are identified as program-specific allowable costs of implementing the
grant program objective.
2.5.2.lneligible Expenses.Ineligible expenses shall include,but are not limited to,:job posting or
recruitment costs,indirect overhead or general operating costs,housing construction,pre
development costs,lobbying,food,drink,or entertainment costs.Grant~Funds may not be used to
cover legal costs to defend.4/
3.1.1.“Consultant Services”means consultant fees,RFP bid adv&rtisement~,a~hd attorney’s fees.
3.1.2.“Equipment,Software Acquisition”means freight c&’ts RFP Bid advertisèthent costs,
hardware,software and training costs,installationtosts,and attorney’s fees.
3.2.“Substantial Completion”means the Work is sufficiently complete4~’accordance with the Grant so it
can be utilized for its intended purpose without undt’è’ftiiterference.
4.DELIVERABLES
4.1.Outcome.The final outcome of this Grant~i~completion of the development review software upgrade,
documentation/reports associated with thé1pthcessFimprovement.efforts,implementation of a system to
expedite the development review procesJfSr.affo~dab1ehousing projects and or achieve Proposition
123 requirements in Fort Collins.Colorad~!ind a completed~Final Informal Memo,submitted to
DOLA....ç ~
4.2.Service Area.The performänce~oMhe Work described within this
Collins.Colorado.p
C.,
4.3.Performance Measui~es.Grantee..thall comply
Milestone/PerforiThiceMeaiUF~/GF~htee.wi1l:
Provide DOLA with bi%eliife data on estimated review time for Within 30 days after the
affordabIeJhóusi~ig.projectsDOLA will provide the teñ~plate.Effective Date of this
~~,:...Intergovernmental Grant
~thj.~Agreement.
B~in procurement prc5Zëss or Contractor mobilization.Within 90 days after the
.~“..~Effective Date of this
..Intergovernmental Grant
‘•,~W’~Agreement.
Provide DOISM5~ith a copy of Grantee’s Consultant Agreement or Within 14 days after the
its Scope of Wofk.Effective Date of the
subcontract(s).
Documentation of efforts to explore.adopt.and/or implement Within 30 days after the
policies to expedite review of affordable housing.Policy adoption.
Submit draft deliverables (land use/zoning code or policy updates,Within 7 days prior to a
reports/analysis/studies)to DOLA for review prior to adoption.scheduled public hearing.
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
3.DEFINITIONS
3.1.Project Budget Lines.
Grant shall be located in Fort
with the following performance measures:
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EXHIBITATO ORDINANCE NO 059 2024
LPC-24-Ol0 Fort Collins -Fast Track LEAN Process Improvements
Submit Project Final Report March 3 1,2026
4.4.Budget Line Adjustments.
4.4.1.Grant Funds.Grantee may request in writing that DOLA move Grant Funds between and
among budget lines,so long as the total amount of Grant Funds remains unchanged.To make
such budget line changes,DOLA will use an Option Letter (Exhibit G).
4.4.2.Other Funds.Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in §6.2,or move Other Funds between and among
budget lines,so long as the total amount of such “Other Funds”is not less than the amount set
forth in §6.2 below.Grantee may increase the Total Project Cost with “Other Funds”and such
change does not require an amendment or option letter.DOLA will verify the Grantee’s
contribution of “Other Funds”and compliance with this section at Pioject Closeout.
4.5.Quarterly Pay Request and Status Reports.Beginning 30 days afte(the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided b9.the State.The State
shall pay the Grantee for actual expenditures made in the perfdrmance of this Grantibased on the
submission of statements in the format prescribed by the State.The Grantee shall submit Pay Requests
setting forth a detailed description and provide documgtation of the amounts and typ&of
reimbursable expenses.Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the disdretion:óf,the Grantee.
4.5.1.For quarters in which there are no expenditures to r~imburse.Grantee shall indicate zero (0)
requested in the Pay Request and describe the status bftI1~e Work in the Status.Report.The
report will contain an update of expenditreof funds by budget line as per §6.2 of this Exhibit
B Scope of Project as well as a prOjectioKof.all Wo.rk expected to be accomplished in the
following quarter.including an estimate of GrahrFup43~to.be expended.
4.5.2.Specific submittal dates.-)~
sjèar Due Dit~
2nd (Apr-Jun)raA~~2jJLY 15,2024*
3rd (Jul-SqS)’%2024 October30,2024
LLun~irnh 2O24~January 30’2025
12Jñ~Mar)_________________________
~(Apr-Jüii)’~________
Quarter Pay Request Due Status Report Due
‘3rd (Jul-Sep)‘
v2025
t~”:irtII4ba
2025
April 30,2025
~JULY 15,2025*
Wctober 30,2025
January 30,20264th(Oct-Dec)____________________
*sta~tfiscal yearrUns July 1 —June30 annually.Grantee must request reimbursement for
all eligible costilincurred during a State fiscal year by July 15 annually.
4.6.DOLA Ackndwlédgment.The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project.including but not limited to:press releases,newspaper articles,op-ed pieces.press
conferences,presentations and brochures/pamphlets.
5.PERSONNEL
5.1.Responsible Administrator.Grantee’s performance hereunder shall be under the direct supervision of
CIa Fricke Plannin Mana er ciricke fc ov.com ,who is an employee or agent of Grantee,
and is hereby designated as the responsible administrator of this Project and a key person under this §5.
Such administrator shall be updated through the process in §5.3.If this person is an agent of the
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EXHIBIT A TO ORDINANCE NO.059,2024
LPC-24-OlO Fort Collins -Fast Track LEAN Process Improvements
Grantee,such person must have signature authority to bind the Grantee and must provide evidence of
such authority.
5.2.Other Key Personnel.Mea han Overton Housin Mana Cr moverton fc ov.com .Such key
personnel shall be updated through the process in §5.3.
5.3.Replacement.Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve.All notices sent under this subsection shall be sent in accordance with §15 of
the Grant.
5.4.DLG Program Manager:Rob n DiFalco 720 682-5202 rob n.difalco state.co.us
5.5.DLG Program Assistant:Jessica Rupe.1720)557-4902.(jessica.rupe(&~s e.co.us).
6.FUNDING
The State provided funds shall be limited to the amount specified under the “Grant Funds”column of §6.2,
Budget,below.
6.1.Matching/Other Funds.Grantee shall provide at least 21%of the Total Project Cost as documented
by Grantee and verified by DOLA at Project Closeout.Initial estimates of Grantee’s contribution are
noted in the “Other Funds”column of~6.2 below.Increases to Grantee’s contribution to Total Project
Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B.
6.2.Budget
Budget Line(s)Total Project Grant Other Other
Cost unds Funds FundsLineCostCategorySource
I Consultant Services $200,000 $200,000 $0 Grantee
2 Equipment.Software $55,000 $0 $55,000 Grantee
Ac uisition
Total $255,000 $200,000 $55,000
7.PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1.Payment Schedule.If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid,Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt.Excess funds shall be returned to
DOLA.
Payment Amount
Interim Payment(s)$190,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $10,000 Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion),provided
that the Grantee has submitted,and DOLA has
accepted,_all_required_reports.
Total $200,000
7.2.lAterest.Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for
administrative expenses.
8.ADMINISTRATIVE REQUIREMENTS
8.1.Reporting.Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s)if such reports are not submitted timely.
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EXHIBIT A TO ORDINANCE NO.059,2024
LPC-24-O10 Fort Collins -Fast Track LEAN Process Improvements
8.1.1.Quarterly Pay Request and Status Reports.Quarterly Pay Requests shall be submitted to
DOLA in accordance with §4.5 of this Exhibit B.
8.1.2.Final Reports.Within 90 days after the completion of the Project,Grantee shall submit the final
Pay Request and Status Report to DOLA.
8.2.Monitoring.DOLA shall monitor this Work on an as-needed basis.DOLA may choose to audit the
records for activities performed under this Grant.Grantee shall maintain a complete file of all records,
documents,communications,notes and other written materials or electronic media,files or
communications,which pertain in any manner to the operation of activities undertaken pursuant to an
executed Grant.Such books and records shall contain documentation of the Grantee’s pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1.Subgrantee/Subcontractor.Grantee shall monitor its Subgrantees4nd or Subcontractors,if
any,during the term of this Grant.Results of such monitoring shall be documented by Grantee
and maintained on file.4
8.3.Bonds.If Project includes construction or facility improvements,Grantee arid/or its contractor (or
subcontractors)performing such work shall secure the bondsd ereunder from c6m~panies holding
certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and ate.authorized to do
business in Colorado..~.
8.3.1.Bid Bond.A bid guarantee from each bidder equivalent to 5~percent of the bid price.The “bid
guarantee”shall consist of a firm commitmenDsuch as a~biJ1bond,certified check,or other
negotiable instrument accompanying a bid as assurance that the bidder shall,upon acceptance of
his bid,execute such contractual documents as may bèrequired within the time specified.
8.3.2.Performance Bond.A performancebond~ong~yart of the ôontractorfor 100 percent of the
contract price.A “performance bond~’is one executed in connection with a contract to secure
fulfillment of all the contractors obligations wider suchcontract.
8.3.3.Payment Bond.A payment bond on th~partdf4he contractor for 100 percent of the contract
price.A “payment b6~’,is one execu4àin connection with a contract to assure payment as
required by statute:of all persbns supplying labor and material in the execution of the work
provided for ifffhe contract:~
8.3.4.Substitution.The bonding~r~uirements in this §8.3 may be waived in lieu of an irrevocable letter
of credit if the~piiee is~less thaiS50;00O.~
9.CONSTRUCTIQN/RENOVA7TION.The following subsections shall apply to construction and/or
renovation réiated~roj~ts/activities:.
9.1.Plans &Specifications;Constructiàn plans and specifications shall be drawn up by a qualified
éfijineer or architect licensed in the State of Colorado,or pre-engineered in accordance with Colorado
la~7~d hired by the Grabtee through a competitive selection process.
9.2.Procurernent.A construCtion contract shall be awarded to a qualified construction firm through a
formal selection process with the Grantee being obligated to award the construction contract to the
lowest resp~~i~’e,responsible bidder meeting the Grantee’s specifications.
9.3.Subcontracts.Copies of any and all contracts entered into by the Grantee in order to accomplish this
Project shall be submitted to DOLA upon request.and any and all contracts entered into by the Grantee
or any of its Subcontractors shall comply with all applicable federal and state laws and shall be
governed by the laws of the State of Colorado.
9.4.Standards.Grantee,Subgrantees and Subcontractors shall comply with all applicable statutory design
and construction standards and procedures that may be required,including the standards required by
Colorado Department of Public Health and Environment,and shall provide the State with
documentation of such compliance.
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