HomeMy WebLinkAbout2024-113-09/03/2024-AUTHORIZING THE CITY MANAGER TO ENTER INTO TWO AGREEMENTS WITH THE COLORADO STATE FOREST SERVICE FORRESOLUTION 2024-113
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO TWO
AGREEMENTS WITH THE COLORADO STATE FOREST
SERVICE FOR THE MICHIGAN DITCH PRE-FIRE MITIGATION
PROJECT
A.The City owns and operates a water utility that provides water service to
customers within its water service area.As part of the water utility,the City owns and
operates the Michigan Ditch and associated infrastructure for the purpose of providing
raw water for water supply,including for drinking water treatment.
B.Between August and December,2020,the Cameron Peak Fire significantly
impacted federal and state lands abutting the Michigan Ditch and associated
infrastructure.
C.The City has identified a need to develop and execute forest health
treatment activities in priority areas at risk of future large scale catastrophic wildfires with
regards to pre-fire mitigation thinning,fuel breaks and forest restoration,including in and
around the Michigan Ditch and its associated infrastructure.
D.The City has thus begun work on the Michigan Ditch Pre-Fire Mitigation
Project (“Project”).The City has worked with the Colorado State Forest Service on this
Project.
E.The Colorado State Forest Service is willing to develop and provide access
to environmental information and expertise to provide relevant data analysis and to
complete certain forest fuels reduction work to mitigate the risk of future large-scale
wildfires in and around the Michigan Ditch and its associated infrastructure.
F.The City and the Colorado State Forest Service have negotiated a proposed
services agreement,attached as Exhibit “A”(“Services Agreement”),the purpose of
which is for the City to retain the Colorado State Forest Service to perform certain forest
health and pre-fire mitigation services related to the Michigan Ditch and its associated
infrastructure.
G.The Colorado State Forest Service is also willing to work with the City to
fund the Project.The City applied for and the Colorado State Forest Service has awarded
the City a grant for forest health and pre-fire mitigation work in and around the Michigan
Ditch and its associated infrastructure.To accept such grant funds,the City must sign a
proposed grant agreement,attached as Exhibit “B”(“Grant Agreement”).
H.City Council finds that entering into the Services Agreement and Grant
Agreement is necessary to safeguard the City’s critical water supply infrastructure and is
in the best interests of the City water utility ratepayers and the city as a whole.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.The City Manager is hereby authorized to execute a Services
Agreement substantially in the form of Exhibit “A”,with such additional terms and
conditions as the City Manager,in consultation with the City Attorney,determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes
of this Resolution.
Section 2.The City Manager is hereby authorized to execute a Grant
Agreement substantially in the form of Exhibit “B”,with such additional terms and
conditions as the City Manager,in consultation with the City Attorney,determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes
of this Resolution.
Passed and adopted on September 3,2024.
ATTEST:
1~
S
Mayor Pro Tern
I I
ityCfrk
Effective Date:September 3,2024
Approving Attorney:Eric Potyondy
EXHIBIT A TO RESOLUTION 2024-113
INTERGOVERNMENTAL AGREEMENT REGARDING
FOREST HEALTH AND PRE-FIRE MITIGATION SERVICES
THROUGH THE COLORADO STATE FOREST SERVICE
THIS INTERGOVERNMENTAL AGREEMENT FOR FOREST HEALTH AND PRE
FIRE MITIGATION SERVICES (“Agreement”),is made and entered into on the day and year
that it is fully executed by all Parties (“Effective Date”),by and between the City of Fort Collins,
Colorado,a home rule municipality of the State of Colorado (“City”)and The Board of
Governors of The Colorado State University System,acting by and through Colorado State
University,an institution of higher education of the State of Colorado,for the use and benefit of
the Colorado State Forest Service (“Forest Service”),(collectively,the “Parties”).
WHEREAS,the City owns and operates,through Fort Collins Utilities,the Michigan
Ditch and associated infrastructure for the purpose of providing raw water for water supply,
including for drinking water treatment;and
WHEREAS,between August and December,2020,the Cameron Peak Fire significantly
impacted federal and state lands abutting the Michigan Ditch;and
WHEREAS,the City has identified a need to develop and execute forest health treatment
activities in priority areas at risk of future large scale catastrophic wildfires with regards to pre
fire mitigation thinning,fuel breaks and forest restoration;and
WHEREAS,the Colorado State Forest Service (CSFS)is willing to develop and provide
access to environmental information and expertise to provide relevant data analysis and to
complete certain forest fuels reduction work to mitigate the risk of future large scale wildfires;
and
WHEREAS,the Parties desire to enter into an intergovernmental agreement setting forth
the terms for development and access to CSFS resources regarding data analysis,forest fuels
treatment and hazards mitigation;and
WHEREAS,the Parties have authority pursuant to Article XIV,Section 18 of the
Colorado Constitution and Section 29-1-201,et seq.,Colorado Revised Statutes,to enter into
intergovernmental agreements for the purpose of providing any service or performing any
function which they can perform individually.
NOW,THEREFORE,in consideration of the mutual promises contained herein,the
parties hereto agree as follows:
1.Independent Contractors.It is understood and agreed by the parties that the CSFS is an
independent contractor with respect to the City and that this Agreement is not intended and
shall not be construed to create an employer/employee or a joint venture relationship between
the CSFS and the City.The CSFS shall be free from the direction and control of the City in
the performance of the CSFS’s obligations under this Agreement,except that the City may
EXHIBIT A TO RESOLUTION 2024-113
indicate specifications,standards requirements and deliverables for satisfaction of the
CSFS’s obligations under this Agreement.
2.Term.This Agreement shall be effective on the date of final signature (the “Effective Date”)
and shall terminate five years thereafter,unless sooner terminated as provided herein or
extended by written agreement of the Parties.
3.Scope of Work.The CSFS agrees to perform the services (the “Services”)generally
described in the Scope of Work attached hereto and made a part hereof as Exhibit A,and as
may be more specifically set forth in project work orders issued pursuant to this Agreement,
under the direction and supervision of the Principal Investigator identified in Exhibit A.
4.Compensation.
4.1.As described in Appendix A,the Michigan Ditch Pre-Fire Mitigation Phase 1 work will
be completed using funding from:a Colorado State Forest Service Forest Restoration
and Wildfire Risk Mitigation Grant ($508,000);Congressional Directed Spending
Contribution ($500,000);and funding from the City ($500,000).The CSFS will use City
funding under this Agreement for Phase I.
4.2.As compensation for the Services rendered under this Agreement,City agrees to pay the
CSFS in accordance with the payment terms generally set forth in the Scope of Work
and as clarified or modified by project work orders issued pursuant to this Agreement.
4.3.In no event shall the total amount paid by the City through such project work orders
exceed the sum of five-hundred thousand dollars ($500,000.00).
5.Ownership of Information.At all times during and following the term of this Agreement,
including any extensions or renewals hereof,all records,information and data provided to the
CSFS by the City or developed during the performance of the Services under this Agreement
by the CSFS and/or the City (“Project Records”)shall be and remain the sole property of the
City.The CSFS retains the right to use the Project Records for academic and research
purposes;subject to prior written notice to and approval from the City before publication,
which the City shall not unreasonably withhold.Except as provided in paragraph 7 of this
Agreement,the CSFS shall provide any Project Records or return to the City upon request
after termination of this Agreement.
6.Reporting Requirements.
6.1.The CSFS agrees that it will make all Project Records as defined in the Scope of Work
or project work orders available to City at any reasonable time,subject to the reporting
requirements set forth in the Scope of Work.
EXHIBIT A TO RESOLUTION 2024-113
6.2.City shall have the right to audit the records of the CSFS,to the extent such records are
related to the Services performed under this Agreement,during normal business hours
and upon reasonable notice to CSFS.Such audit may include the financial records of
CSFS relating to the Services.CSFS shall reasonably cooperate with City in satis~ing
any requirement or order issued by any governmental agency or court,including but not
limited to the inspection of CSFS records or facility.
7.Confidentiality.
7.1.Each Party has certain documents,data,information,and methodologies that are
confidential and proprietary to that Party (“Confidential Information”).During the term
of this Agreement,either Party may,as the “Disclosing Party,”disclose its Confidential
Information to the other Party (the “Recipient”),in writing,visually,or orally.Recipient
shall receive and use the Confidential Information for the sole purpose of the
performance of this Agreement,and for no other purpose (except as may be specifically
authorized by the Disclosing Party,in writing).Recipient agrees not to make use of the
Confidential Information except for such Services and agrees not to disclose the
Confidential Information to any third party or parties without the prior written consent of
the Discloser,subject to paragraph 7.4.
7.2.Recipient shall use its reasonable best efforts to preserve the confidentiality of the
Confidential Infonnation (using the same or similar protections as it would as if the
Confidential Information were Recipient’s own,and in any event,not less than
reasonable care).Recipient shall obligate its affiliates with access to any portion of the
Confidential Information to protect the proprietary nature of the Confidential
Information.
7.3.“Confidential Information”shall not include,and Recipient shall have no obligation to
refrain from disclosing or using,information which:(i)is generally available to the
public at the time of this Agreement;(ii)becomes part of the public domain or publicly
lcnown or available by publication or otherwise,not through any unauthorized act or
omission of Recipient;(iii)is lawfully disclosed to the Recipient by third parties without
breaching any obligation of non-use or confidentiality;(iv)has been independently
developed by persons in Recipient’s employ or otherwise who have no contact with
Confidential Information,as proven with written records;or (v)is required to be
disclosed by law;provided that,in the event that Recipient is required to disclose
Confidential Information under this paragraph 7.3,it will promptly notif~’the Disclosing
Party,and the Disclosing Party may,at its sole discretion and expense,initiate legal
action to prevent,limit or condition such disclosure.
EXHIBIT A TO RESOLUTION 2024-113
7.4.With respect to paragraph 7.3,the Parties acknowledge that each is subject to the
Colorado Open Records Act,C.R.S.§~24-72-200.1,et seq.(“CORN’).If disclosure of
any Confidential Information is required pursuant to CORA,the Parties shall reasonably
cooperate to review and identi&any information not subject to disclosure.However,
each Party shall retain the right to proceed in the manner it believes,in its sole discretion
and judgment,is required to be compliant with the law with regard to any records
request received by that Party.
7.5.Notwithstanding any other provision of this Agreement,a Party may retain one copy of
the other Party’s Confidential Information in its confidential files,for the sole purpose of
establishing compliance with the terms hereof.
8.Equipment.Unless otherwise provided in the Scope of Work or in a writing signed by the
parties,all equipment purchased by CSFS with thuds provided under this Agreement for use
in connection with this Agreement shall be the property of the CSFS and shall be dedicated
to providing Services under this Agreement while this Agreement is in effect.
9.Liability;Insurance.Each Party hereto agrees to be responsible for its own wrongfhl or
negligent acts or omissions,or those of its officers,agents,or employees to the fill extent
allowed by law.Liability of the CSFS,and City is at all times herein strictly limited and
controlled by the provisions of the Colorado Government Immunity Act,C.R.S.§~24-10-
101,et seq.as now or hereafter amended.Nothing in this Agreement shall be construed as a
waiver of the protections of said Act.As public entities of the State of Colorado,neither
Party is authorized to indemnit~,any party,public or private,as against the claims and
demands of third parties and any such indemnification provision in this Agreement shall be
null and void.
10.Exclusive Warranty;Disclaimer.CSFS warrants that it will provide all deliverables under
this Agreement substantially in accordance with the Scope of Work and/or written protocol
provided by City,including as specified in project work orders.All other warranties,express
and implied,are hereby expressly disclaimed INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.CSFS does not
perform any Services under this Agreement that may be subject to FDA Regulations,e.g.
GMP,cGMP,GLP,GCP work/services.Neither Party is liable for any indirect,special,
incidental,consequential or punitive loss or damage of any kind,including but not limited to
lost profits (regardless of whether such Party knows or should know of the possibility of such
loss or damages).The liability of either Party under this Agreement shall not exceed the
amount paid or payable to the CSFS under this Agreement.
EXHIBIT A TO RESOLUTION 2024-113
11.Termination.Either Party may terminate this Agreement,without cause,upon not less than
sixty (60)days written notice,given in accordance with the Notice provisions of this
Agreement.Termination of this Agreement shall not relieve a Party from its obligations
incurred prior to the termination date.Upon early termination of this Agreement by the City,
except in the case of a material breach by CSFS,the City shall pay all costs accrued by the
CSFS as of the date of termination including non-cancelable obligations for the term of this
Agreement,which shall include all appointments of staff incurred prior to the effective date
of the termination.The CSFS shall exert its best efforts to limit or terminate any outstanding
financial commitments for which the City is liable.The CSFS shall furnish,within ninety
(90)days of the effective termination,a final report of all costs incurred,and all funds
received and shall reimburse the City for payments which may have been advanced in excess
of total costs incurred with no fUrther obligations to the City.
12.City Representative.The City will designate,prior to commencement of work,its project
representative who shall make,within the scope of his or her authority,all necessary and
proper decisions with reference to the project.CSFS shall direct all requests for contract
interpretation,change orders,and other clarification or instruction to the City Representative.
13.Notices.My notice,request,demand,consent or approval,or other communication
required or permitted hereunder will be in writing and will be deemed to have been given
when personally delivered or deposited in the United States mail or with an overnight
courier,with proper postage and address as follows:
If to State Forest Service:Weston Toll
5060 Campus Delivery
Colorado State University
Fort Collins,CO 80523-5060
Phone:970-491-8760
weston.toll@colostate.edu
With a Copy to:Office of the General Counsel
0006 Campus Delivery
Colorado State University
Fort Collins,CO 80523-0006
Phone:970-491-6270
contracts@colostate.edu
If to City:Richard Thorp
City of Fort Collins Utilities
City of Fort Collins
Water Quality Services Division,Watershed
EXHIBIT A TO RESOLUTION 2024-113
Program
P.O.Box 580
Fort Collins,CO 80522-05 80
With a Copy to:City Attorney’s Office
City of Fort Collins
300 LaPorte Avenue
P.O.Box 580
Fort Collins,CO 80522-05 80
14.Binding Effect;Third Party Beneficiaries.This writing,together with the exhibits hereto,
constitutes the entire agreement between the Parties and binding upon the Parties,their
officers,employees,successors,and permitted assigns,and shall inure to the benefit of
the respective successors,and permitted assigns of the Parties.It is expressly understood
and agreed that the enforcement of the terms and conditions of this Agreement and all
rights of action relating to such enforcement,shall be strictly reserved to the Parties.
Nothing contained in this contract shall give or allow any claim or right of action
whatsoever by any other third person.It is the express intention of the Parties that any
such person or entity,other than the Parties,receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
15.Amendment.No modification or amendment to this Agreement shall be valid unless it is
made in a writing signed by the authorized representatives of the Parties.
16.Default;Termination;Dispute Resolution.
16.1.Default.A Party will be considered in default of its obligations under this
Agreement if such Party fails to observe,to comply with,or to perform any term,
condition,or covenant contained in this Agreement and such failure continues for 10 days
after a non-defaulting Party gives the defaulting Party written notice thereof.
16.2.Termination for Cause.In the event of default,a non-defaulting Party,
upon written notice to the defaulting Party,may terminate this Agreement as of the date
specified in the notice.
16.3.Dispute Resolution.Any dispute concerning the performance of this
Agreement not resolved by the designated representatives of the Parties shall be
referred to superior departmental management staff designated by each Party (which,
for CSFS,shall be the Vice President for University Operations,and for the City,shall
be the City Manager),whose decisions shall be made within thirty (30)days after
notice or such other period as the Parties may agree.Failing resolution at that level,
either Party has the right to bring legal action to recover only such damages and
remedies as are authorized pursuant to this Agreement,in accordance with Colorado
law,and only in a court of competent jurisdiction located within the City of Fort
Collins,County of Larimer,Colorado.Notwithstanding any other provision contained
herein,neither Party shall be liable to the other for any indirect,consequential,
incidental,exemplary (punitive)or special damages.In the event of any default or
EXHIBIT A TO RESOLUTION 2024-113
dispute,each Party shall be solely responsible for its own attorneys’fees.
17.Appropriation.The City’s financial obligations under this Agreement are contingent upon
the amiual appropriation,budgeting and availability of specific finds to discharge those
obligations.Nothing in this Agreement shall create a payment guaranty by either Party or a
debt or a multiple-fiscal year financial obligation under the Colorado Constitution or any
similar provisions of the City’s charter or ordinances.
18.Legal Authority.Each Party to this Agreement warrants that it possesses the legal authority
to enter into this Agreement and that it has taken all actions required by its procedures,
bylaws and/or applicable law to exercise that authority,and to lawfully authorize its
undersigned signatory to execute this Agreement and to bind it to its terms.The person(s)
executing this Agreement on behalf of a Party warrant(s)that such person(s)have fill
authorization to execute this Agreement.This Agreement is not binding upon Colorado State
CSFS,its governing board or the State of Colorado unless signed by the Associate Vice-
President for Finance or his/her authorized delegate.
19.Survival of Certain Terms.Notwithstanding anything herein to the contrary,the Parties
understand and agree that all terms and conditions of this Agreement and the exhibits and
attachments hereto which may require continued performance,compliance or effect beyond
the termination date of this Agreement shall survive such termination date.
20.Waiver.The waiver by either Party of a breach or violation of any provision of this
Agreement shall not operate as or construed as a waiver of any subsequent breach of the
same or other provision hereof.
21.Severability.In the event that any provision of this Agreement is held unenforceable for any
reason,the remaining provisions of this Agreement shall remain in full force and effect.
22.Counterparts and Facsimiles.This Agreement may be executed with any number of
counterparts,each of which,when executed and delivered will constitute an original,but all
such counterparts will constitute one and the same instrument.
[Signatures appear on following page]
EXHIBIT ATO RESOLUTION 2024-113
IN WITNESS WHEREOF.THE PARTIES HERETO HAVE EXECUTED THIS
AGREEMENT THE DAY AND YEAR WRIflEN BELOW
CITY:
CITY OF FORT COLLINS,A COLORADO MUNICIPAL
CORPORATION
By:—
Date:
Kelly Di Martino
City Manager
STATE FOREST:
BOARD OF GOVERNORS OF THE COLORADO STATE
UNIVERSITY SYSTEM,acting by and through
Colorado State University
By:
Date:
Angela Nielsen
Director,Office of Budgets
EST:
Name:Title:
APPROVED AS TO FORM
Eric Potyondy,Assistant City Attorney
By:
Matthew McCombs
State Forester and Director
*APPRO%JED AS TO FORM:
By:
Brian Anderson,Esq
Office of the General Counsel
*Not required unless legal changes made to this
document
EXHIBIT A TO RESOLUTION 2024-113
EXHIBIT A
Scope of Work
Michigan Ditch Pre-Fire Mitigation Phase-i
Work to be completed/deliverables:
Project Summary
Michigan Ditch (“Ditch”)is critical infrastructure for the City of Fort Collins (“City”)water
supply and project work will reduce the risk of future larger-scale wildfires by completing a total
of approximately 150 acres of forest fuels reduction work.
The Colorado State Forest Service (“Forest Service”)will bill the City,through Fort Collins
Utilities,for $360,000.00 in calendar year 2024 and $140,000 in calendar year 2025.
Prescription
Three prescriptions:Unit 1,Unit 2,and small (—4-acre)HLZ treatment within Unit 2 around City
historic structures.
Prescription for Unit 1 has a post-harvest target live Basal Area of 70-90 ff2 per acre.
Dead standing frees 6”dbh will be removed (BA 159 ff2 per acre),excluding four snags
per acre for wildlife (spruce &fir >10”dbh).Surface fuels target is 20-30 tons per acre,to
maintain soil moisture &provide habitat whilst minimizing potential for high soil burn
severity.Prescription calls for removal of live overstory fir greater than 30ff in height at
risk of blowdown or declining from western balsam bark beetle.
Prescription is designation by description,the contractor will conduct treatment based
upon the following criteria by free species.
o Engelmann Spruce
•Harvest and remove all dead Engelmann spruce from project area.
•Retain live Engelmann spruce protected from windthrow,either
•30 foot or less total height
•Or clumped with other live frees in a protected area
o Sub-Alpine Fir
•Harvest and remove from project area all merchantable (dead and live)
subalpine fir greater than 30 feet in total height to meet basal area targets
•Retain windfirm,healthy fir where applicable,painted in BLUE
o Lodgepole Pine
-Harvest and remove from project area all dead lodgepole pine.
•Make an effort to retain all live lodgepole pine where operationally
feasible.
o Snags
•Favor spruce for retaining four snags per acre
•Exclude areas within 200 feet of the Ditch and associated infrastructure
•Painted in YELLOW
•Prescriptions for Treatment Unit 2 (Prescription 2&3)
•Prescription 2 has a post-harvest target live Basal Area of 70-90 ff2 per acre.All standing
dead frees will be removed (BA =34 ff2 per acre),excluding four snags per acre for
wildlife (spruce &fir>10”dbh).Additional removal of live trees will target fir (live BA
=107 ff2 per acre)to meet target basal area.
EXHIBIT A TO RESOLUTION 2024-113
o Engelmann Spruce
•Harvest and remove from project area all dead Engelmann spruce.
•Retain live Engelmanu spruce protected from windthrow,either
•30 foot or less total height
•Or clumped with other live trees in a protected area
•Favor spruce for retaining four snags per acre;exclude areas within 200
feet of the Ditch and associated infrastructure
Sub-Alpine Fir
o Harvest and remove from project area all merchantable (dead and live)subalpine
fir greater than 30 feet in total height to meet basal area targets
o Thin live young fir stands to meet additional basal area targets
o Retain windflnn,healthy fir where applicable,painted in BLUE
•Lodgepole Pine
o Harvest and remove from project area all dead lodgepole pine.
o Make an effort to retain all live lodgepole pine where operationally feasible.
•Snags
o Favor spruce for retaining four snags per acre
o Exclude areas within 200 feet of the Ditch and associated infrastructure
o Painted in YELLOW
•Within Unit 2 there is an approximately four-acre area that will follow Prescription 3,
which reduces fuels surrounding City structures.Guidance follows standards in the 2021
Forest Service HIZ guide.Contractor will be responsible for product removal in Zone 3.
In Zone 3 (30 to>150ft uphill ¶llel to structures,30 to >250 ft on downslope of
structures)crowns will be thinned to average spacing of lOft.Retention will favor
lodgepole pine>Engelmann spruce>subalpine fir.All dead trees and mistletoe or broom
rust infected trees will be cut.Slash piles will be built where operationally feasible.
•Prescriptions for Slash (All Units)
o For tethered harvest,lop and scatter slash treatment will be employed.
Intermediate and co-dominant fir will be cut to create slash mats for minimizing
erosion.
o Helicopter treatment will employ whole tree harvest.Trees will be flown to
landing sites along the American Lakes Road for processing,and slash piles built
with non-merchantable material.The Forest Service will conduct winter burning
operations at a later date.
•Utilization &Slash Management Plan
o 30-35 CCF sawtimber per acre is anticipated from the treatment area and will be
sold to relevant local mills where applicable.Spruce and fir POL are less
desirable,so primary markets will be sawtimber and firewood.
Overall Budget Details
•Award (2024):$508,000 Forest Health and Wildfire Risk Mitigation Grant
•CSFS Congressionally Directed Spending Contribution (2024):$500,000
•City of Fort Collins under the Intergovernmental Agreement Regarding Forest Health
and Pre-Fire Mitigation Services Through the Colorado State First Service (2024)(up to
$500,000)
EXHIBIT A TO RESOLUTION 2024-113
•Approved budget items include contractual costs to complete the fuels reductions work,
personnel/labor,supplies/materials,and indirect costs.
•Assessment &Further Planning
o The Forest Service will assess the entire project area throughout the treatment
process and will adjust as necessary to maximize impact of fUnding.At
completion of tethered treatment,the State Forest Field Office will provide an in-
depth pian for further treatment if funding is available
Any proposed changes during this assessment period will be provided to the Forest Service and
City Program Managers.
Milestone dates:
•Treatment of the project area will begin in summer of 2024.Initial treatment will be
tethered logging of approximately 100 acres of high priority treatment area.Total acres
treated in 2024 will depend on operational limitations of tethered harvest machinery.
•In fall 2024,the CSFS will assess connectivity of treated areas and targeted areas,then
prioritize remaining areas to apply treatment.
•In winter/spring of 2025,the CSFS will bid and contract the remaining project funds for
treating high priority areas through helicopter logging.The CSFS will administer the
project,and ensure that non-commercial material at the landing sites along American
Lakes Road are piled w/in contract specifications.
•In Fall of 2025,the CSFS will inspect the treatment area for contract closeout.
•In winter of 2026,the CSFS personnel will burn slash piles from the helicopter treatment.
•In Spring of 2026,the CSFS will seed burned areas with native grass mix.
•In Summer of 2026 the City will prepare a report with:acres treated,a treatment map,
merchantable volume removed,non-merchantable volume burned,and before and after
aerial drone imagery.
Project Completion deadline:April 1,2028
Standards or Guidelines:Best Management Practices must be followed for all forest
managementlfiiels mitigation work completed under this award.Refer to the handbook Forestry
Best Management Practices to Protect Water Quality in Colorado for more information.
Additional helpful resources include:
•The Home Ignition Zone
•CSFS guidelines for Defensible Space and Fuelbreaks
•CSFS guidelines for Pruning Cuts and Pruning Evergreens
All work completed under this award must be certified as meeting minimum CSFS standards
prior to any reimbursement being made to the award recipient.CSFS Grant Reimbursement
Request Package will be used to both request reimbursement and to certi&that work has been
completed to minimum standards.
EXHIBIT B TO RESOLUTION 2024-113
Colorado State Forest Service Financial Assistance Program
Project Award Notification
Project Name Michigan Ditch Pre-Fire Mitigation
Project Number
~SF5 Account Number 1929415
CSFS Account Title SB23-214 FRWRM Program
Estimated Total Project Cost $1,507,805
Award Amount $507,805 (Non-pass-through administered by CSFS State Forest Field Office)
Minimum Recipient Match Required $1,000,000 ($soo,ooo City of Fort collins,$500,000 CSFS via CDS)
Award Beginning Date April 1,2024
Award End Date April 1,2028
Federal Funds
State Funds
Other Funds Congressionally Directed Spending (CDS)
Based on the strength of the application submitted,the Colorado State Forest Service (CSFS)is providing
funding in the amount up to but not exceeding $507,805 to accomplish the project described in the
attached Scope of Work (Attachment A).
As the recipient,City of Fort collins,will be reimbursed for allowable costs incurred in implementing the
project up to the amount listed above once the following requirements are met:
•Complete work as described in Attachment A (Scope of Work)including following Best
Management Practices for Forest Management Practices.
•Cost/Match Documentation:
o Expenses incurred prior to the Award Beginning Date will not be reimbursed or used as match.
o Provide documentation that project funds have been matched at a minimum of $1,000,000.
a Documentation supporting costs and match must be submitted through the local CSFS Field
Office for reimbursement.Documentation for all expenses (actual costs and values of items
that are not out-of-pocket expenses)and match is required.Follow the guidelines in the
“Expense Guidance”tab located in the enclosed CSFS Grant Reimbursement Package.
o Only actual recipient costs that support accomplishing the Scope of Work as indicated in
Attachment A of the Project Award Notification are eligible for reimbursement.Non-recipient
costs may be used as match.Non-recipients are third party participants (contributors other
than the award recipient)supporting the implementation of the project.
o In-kind activities will be documented on the current CSFS In-Kind Cost Documentation Form
using the current volunteer rate at the time work was completed.Grant recipients may use a
spreadsheet to track hours,however,the information must be summarized in the In-Kind form.
0 In instances where there are multiple landowners involved with providing in-kind services
documentation of volunteer hours will come from the CSFS In-Kind Cost Documentation Form
for each landowner involved with the project and must be signed by the landowner.
o For projects where the award recipient passes funds to individual landowners,the landowner’s
labor is reimbursable and valued at the volunteer rate.Reimbursement will only be made to
the original award recipient who will then reimburse the landowner.Ex.HOA is the award
recipient and makes additional awards to individual landowners.Landowners do the work,
submit documentation to HOA,HOA submits reimbursement request for HOA to CSFS,CSFS
reimburses HOA,HOA reimburses individual landowner.
o Grant funds cannot be used for homeowner labor,volunteer labor,personnel coordination or
grant administration;however these activities are valuable and can be considered as match.
#8
No
Yes
EXHIBIT B TO RESOLUTION 2024-113
o Grant funds may not be used to purchase capital equipment unless the equipment was
approved and described in Attachment A Scope of Work.Tangible supplies under $5,000 that
contribute to the Scope of Work are allowable if approved and described in Attachment A
Scope of Work.
o Project work will be inspected by the CSFS Field Office to certify the work meets the Scope of
Work as described in Attachment A.Once all documentation is complete the CSFS Supervisory
Forester will sign/date to certify the work and that costs/match are allowable.
•NEW Project Reporting Requirements:
o Grant recipients will be required to submit spatial map data (e.g.,shapefiles)with each
reimbursement request,indicating the completed project work.
o A final report,using the CSFS provided template,will be required at the completion of the
project,along with final project spatial map data and project photos (jpeg).This report must
be submitted at the time the final reimbursement request is submitted to avoid having 10%
of the total grant award withheld from reimbursement.
•NEWI Record Retention/Data Sharing:At all times during and following the Term of this Agreement,
including any extensions or renewals hereof,all records,information and data collected or
developed during the performance of the Agreement,and any information provided to CSFS by
Licensor or developed during the performance of the Agreement shall be owned and retained by
CSFS for academic and research purposes,which may include sharing information with CSFS
affiliates.Any publishing or information made available to the public will not include personal
information of Licensor.Upon request,Licensor may request the removal of Licensor’s information
or property information on any publishing or information available to the public,and,if feasible,
CSFS shall remove such requested information.
•City of Fort Collins certifies that neither the award recipient nor any principals represented herein
are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from participation in this transaction by any federal department or agency.
The local CSFS Field Office is responsible for completing the CSFS Reimbursement Paperwork Package with
documentation provided by the award recipient.
This funding may be extended at the discretion of the CSFS Program Manager.Requests for extensions
must be made in writing at least 90 days before the award end date.Requests must be sent to the local
CSFS Supervisory Forester and include:why an extension is needed,new timeline for completion,and
changes to the Scope of Work (deliverables)if applicable.The CSFS Field Office will review and forward to
the appropriate Program Manager for approval.Approvals will be given in writing to the award recipient.
As the award recipient I have read,understand,and agree to the conditions of participating in this
financial assistance program.
Award Recipient Signature:Date:
Award Recipient Name:
Mailing Address:P.O.Box 580
Fort Collins,CO 80522
Telephone Number:970-221-6505
Email Address:kdimartino@fcgov.com
EXHIBIT B TO RESOLUTION 2024-113
Colorado State Forest Service Financial Assistance Program
Attachment A:Scope of Work
Project Name:#8 Michigan Ditch Pre-Fire Mitigation
CSFS Account Number:1929415
Work to be completed/deliverables:
Project Summary
Michigan Ditch is critical infrastructure for the City of Fort Collins water supply and project
work will reduce the risk of future larger-scale wildfires by completing a total of 150 acres of
fuels reduction work.The CSFS State Forest Field Office will be administering the project work
outlined in this SOW on behalf of The City of Fort Collins and will encumber grant funds via the
CSFS contracting process.The City of Fort Collins will coordinate with the CSFS State Forest
Field Office and follow the reimbursement procedures and cost documentation requirements
described in the Project Award Notification for tracking and reporting project costs and match.
Prescription
Three prescriptions:Unit 1,Unit 2,and small (4-acre)HIZ treatment within Unit 2 around City
of Fort Collins historic structures.
Prescription for Unit 1 has a post-harvest target live Basal Area of 70-90 ft2 per acre.Dead
standing trees 6”dbh will be removed (BA 159 ft2 per acre),excluding four snags per acre for
wildlife (spruce &fir >10”dbh).Surface fuels target is 20-30 tons per acre,to maintain soil
moisture &provide habitat whilst minimizing potential for high soil burn severity.Prescription
calls for removal of live overstory fir greater than 30ft in height at risk of blowdown or declining
from western balsam bark beetle.
Prescription is designation by description,the contractor will conduct treatment based upon the
following criteria by tree species.Additional information is provided in Appendix D.
Engelmann spruce
•Harvest and remove all dead Engelmann spruce from project area.
•Retain live Engelmann spruce protected from windthrow,either 30 foot or less total
height or clumped with other live trees in a protected area
Sub-Alpine Fir
•Harvest and remove from project area all merchantable (dead and live)subalpine fir
greater than 30 feet in total height to meet basal area targets
•Retain windfirm,healthy fir where applicable,painted in BLUE
Lodgepole Pine
•Harvest and remove from project area all dead lodgepole pine.
•Make an effort to retain all live lodgepole pine where operationally feasible.
Snags
•Favor spruce for retaining four snags per acre
•Exclude areas within 200 feet of the Ditch and associated infrastructure
•Painted in YELLOW
Prescriptions for Treatment Unit 2 (Prescription 2&3)
Prescription 2 has a post-harvest target live Basal Area of 70-90 ft2 per acre.All standing dead
trees will be removed (BA =34 ft2 per acre),excluding four snags per acre for wildlife (spruce &
fir>10”dbh).Additional removal of live trees will target fir (live BA =107 ft2 per acre)to meet
target basal area.
EXHIBIT B TO RESOLUTION 2024-113
Engelmann Spruce
•Harvest and remove from project area all dead Engelmann spruce.
•Retain live Engelmann spruce protected from windthrow,either
o 30 foot or less total height
o Or clumped with other live trees in a protected area
•Favor spruce for retaining four snags per acre;exclude areas within 200 feet of the Ditch
and associated infrastructure
Sub-Alpine Fir
•Harvest and remove from project area all merchantable (dead and live)subalpine fir
greater than 30 feet in total height to meet basal area targets
•Thin live young fir stands to meet additional basal area targets
•Retain windfirm,healthy fir where applicable,painted in BLUE
Lodgepole Pine
•Harvest and remove from project area all dead lodgepole pine.
•Make an effort to retain all live lodgepole pine where operationally feasible.
Snags
•Favor spruce for retaining four snags per acre
•Exclude areas within 200 feet of the Ditch and associated infrastructure
•Painted in YELLOW
Within Unit 2 there is an approximately four-acre area that will follow Prescription 3,which
reduces fuels surrounding City of Fort Collins structures.Guidance follows standards in the 2021
CSFS HIZ guide.Contractor will be responsible for product removal in Zone 3.In Zone 3(30 to ≥
l5Oft uphill ¶llel to structures,3Oto ≥250 ft on downslope of structures)crowns will be
thinned to average spacing of lOft.Retention will favor lodgepole pine>Engelmann spruce>
subalpine fir.All dead trees and mistletoe or broom rust infected trees will be cut.Slash piles
will be built where operationally feasible.
Prescriptions for Slash (All Units)
For tethered harvest,lop and scatter slash treatment will be employed.Intermediate and co
dominant fir will be cut to create slash mats for minimizing erosion.
Helicopter treatment will employ whole tree harvest.Trees will be flown to landing sites along
the American Lakes Road for processing,and slash piles built with non-merchantable material.
CSFS will conduct winter burning operations at a later date.
Utilization &Slash Management Plan
30-35 CCF sawtimber per acre is anticipated from the treatment area and will be sold to relevant
local mills where applicable.Spruce and fir POL are less desirable,so primary markets will be
sawtimber and firewood.
Budget Details
Award:$507,805
Match:$1,000,000 (66.32 %)-City of Fort Collins:$500,000,CSFS (Via CDS):$500,000
Approved budget items include contractual costs to complete the fuels reductions work,
personnel/labor,and supplies/materials.
EXHIBIT B TO RESOLUTION 2024-113
Assessment &Further Planning
CSFS will assess the entire project area throughout the treatment process and will adjust as
necessary to maximize impact of funding.At completion of tethered treatment,the State Forest
Field Office will provide an in-depth plan for further treatment if funding remains.
Any proposed changes during this assessment period will be provided to the P1 for the FRWRM
grant.
Milestone dates:
•Treatment of the project area will begin in summer of 2024.Initial treatment will be
tethered logging of approximately 100 acres of high priority treatment area.Total acres
treated in 2024 will depend on operational limitations of tethered harvest machinery.
•In fall 2024,CSFS will assess connectivity of treated areas and targeted areas,then
prioritize remaining areas to apply treatment and submit plan
•In winter/spring of 2025,CSFS will bid and contract the remaining project funds for
treating high priority areas to facilitate highest connectivity.CSFS will administer the
project,and ensure that non-commercial material at the landing sites along American
Lakes Road are piled within contract specifications.
•In Fall of 2025,CSFS will inspect the treatment area for contract closeout.
•In winter of 2026,CSFS personnel will burn slash piles from the helicopter treatment.
•In Spring of 2026,CSFS will seed burned areas with native grass mix.
•In Summer of 2026 the City of Fort Collins will prepare a report with:acres treated,a
treatment map,merchantable volume removed,non-merchantable volume burned,and
before and after aerial drone imagery.
Project Completion deadline:April 1,2028
Final Report and reimbursement request due to local CSFS Field Office:May 1,2028
Standards or Guidelines:Best Management Practices must be followed for all forest
management/fuels mitigation work completed under this award.Refer to the handbook
Forestry Best Manaaement Practices to Protect Water Quality in Colorado for more information.
Additional helpful resources include:
•The Home Ignition Zone
•CSFS guidelines for Defensible Søace and Fuelbreaks
•CSFS guidelines for Prunin Cuts and Pruning Evergreens
All work completed under this award must be certified as meeting minimum Colorado State
Forest Seniice standards prior to any reimbursement being made to the award recipient.CSFS
Grant Reimbursement Request Package will be used to both request reimbursement and to
certify that work has been completed to minimum standards.
P.O.B