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HomeMy WebLinkAbout2025-017-03/18/2025-APPROVING AN INTERGOVERNMENTAL AGREEMENT AND GRANT AGREEMENT WITH LARIMER COUNTY FOR A GRANT FROM THRESOLUTION 2025-017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT AND GRANT AGREEMENT WITH LARIMER COUNTY FOR A GRANT FROM THE CITY’S DIGITAL INCLUSION PROGRAM A.The City has established and is operating as a utility a fiber-optic broadband system known as Connexion,which provides various telecommunication services, including internet services. B.Related to the City’s operation of Connexion,the City Council has recognized that because of economic inequality many residents of Fort Collins do not have access to affordable and reliable Internet services causing a gap in economic and educational opportunity for these residents and their children,often referred to as the “digital divide.” C.To address this digital divide,the City Council appropriated in the City’s biennial 2025-2026 budget,Ordinance No.163,2024 (Neighborhood Livability and Social Health Budget Offer #34.2),funds to be used through the City’s Digital Inclusion Program (the “Dl Program”)to provide,among other things,grants to non-profit entities and other governments who will agree to use these grant funds to assist their economically disadvantage constituents with access to affordable and reliable Internet services. D.The City has received an application from Larimer County Economic Workforce Development (the “County”)for a grant under the DI Program that City staff has reviewed and is recommending that the grant requested be awarded. E.The County has requested a grant of $85,000 to be used to support the “Digital Roots”Program,which helps job seekers learn or grow their digital skills for a successful job search (the “County Grant”). F.City and County staff have negotiated and are proposing that the City and the County enter into both the attached Intergovernmental Agreement Authorizing a Grant under the City of Fort Collins Digital Inclusion Program (the “Grant IGA”),attached hereto as Exhibit A and incorporated herein by reference,and the Grant Agreement under the City of Fort Collins Digital Inclusion Program (the “Grant Agreement”),attached hereto as Exhibit B and incorporated herein by reference. G.The City Council wishes to expressly grant the City Manager the authority to approve the County Grant,to enter into the Grant IGA and Grant Agreement on the City’s behalf,and to disburse the grant funds under it to the County,subject to the availability of appropriated funds. H.Colorado governments are authorized in C.R.S.§29-1 -203 to cooperate and contract with one another to provide any function,service,or facility each is lawfully authorized to provide. —1— The City and the County are both lawfully authorized to assist their respective constituents who are economically disadvantaged with access to affordable and reliable Internet services. J.The City Council finds and determines that this Resolution is in the City’s best interest and necessary for the public’s health,safety,and welfare. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby authorizes the City Manager to approve the County Grant,to enter into the Grant IGA and Grant Agreement on the City’s behalf,and to disburse the grant funds under it to the County,subject to the availability of appropriated funds,with the Grant IGA to be in the form attached hereto as Exhibit A and Grant Agreement to be in the form attached hereto as Exhibit B,subject to such modifications as the City Manager,in consultation with the City Attorney,may determine are necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution and the DI Program. Passed and adopted on March 18,2025. I ATtEST: tyClef’ Effective Date:March 18,2025 Approving Attorney:Dianne Criswell EXHIBIT A TO RESOLUTION 2025-017 INTERGOVERNMENTAL AGREEMENT AUTHORIZING A GRANT UNDER THE CITY OF FORT COLLINS DIGITAL INCLUSION PROGRAM THIS INTERGOVERNMENTAL AGREEMENT AUTHORIZING A GRANT UNDER THE CITY OF FORT COLLINS DIGITAL INCLUSION PROGRAM (this “Agreement”)is entered into this —day of ________,2025,by and between Larimer County (the “Grantee”)and the City of Fort Collins,a Colorado home rule municipality,(the “City’).The Grantee and City shall be referred to jointly herein as the “Parties”or individually as “Party”. RECITALS WHEREAS,the City has established and is operating as a utility a fiber-optic broadband system known as Connexion that provides various telecommunication services,including Internet services;and WHEREAS,related to the City’s operation of Connexion,the City Council has recognized that because of economic inequality,many residents of Fort Collins do not have access to affordable and reliable connectivity,technological devices,and digital skills,causing a gap in economic and educational opportunity for these residents and their children,often referred to as the “digital divide”; and WHEREAS,to address this digital divide,the City Council appropriated in the City’s biennial 2025-2026 budget,Ordinance No.163,2024 (Neighborhood Livability and Community Vitality Budget Offer #34.2),funds to be used through the City’s Digital Inclusion Program (the “Dl Program”) to provide,among other things,grants to non-profit entities and other governments who will agree to use these grant funds to assist their economically disadvantage constituents with access to digital literacy skill building,technological hardware and devices,and affordable internet services; WHEREAS,the Grantee has been awarded a grant under the Dl Program to be used in support of the “Digital Roots”bilingual program,which helps job seekers learn or grow their digital skills for a successful job search and provides participants who successfully complete the program with a device that they get to keep upon completion (the “Grant Work”);and WHEREAS,the City has approved this application and agreed to provide the Grantee with a grant of $85,000 for 2025,for a total grant of $85,000,to be used by the Grantee in accordance with the terms and conditions of this Agreement to fund its costs in these years for the Grant Work and the Grantee has agreed to so use the grant funds;and WHEREAS,on March 18,2025,the City Council approved this Agreement in Resolution 2025- 017 authorizing the City Manager to enter into this Agreement of the City’s behalf:and WHEREAS,Colorado governments are authorized in C.R.S.§29-1-203 to cooperate and contract with one another to provide any function,service,or facility each is lawfully authorized to provide;and WHEREAS,the City and the Grantee are both lawfully authorized to assist their respective constituents who are economically disadvantaged with access to affordable and reliable Internet services. AGREEMENT NOW,THEREFORE,in consideration of the objectives,policies and findings expressed in the Recitals of this Agreement,which are hereby adopted by the Parties and incorporated by this reference,and the mutual promises contained in this IGA,the City and District agree as follows: Page 1 EXHIBIT A TO RESOLUTION 2025-017 1.Grant.Subject to the terms and conditions of this Agreement,the City agrees to pay the Grantee a total of no more than Eighty-Five Thousand Dollars ($85,000)on or before December 31,2025,(the “Grant Funds”). 2.Use and ReDayment of Grant Funds.The Grantee agrees to use the Grant Funds only for the Grant Work.In any year in which the Grantee does not perform the Grant Work in whole or part,the amount of the Grant Funds not used by the Grantee for the Grantee Work as required by this Agreement shall be repaid by the Grantee to the City by February 1 of the year following the year in which Grant Work was not performed in whole or part. 3.Appropriation.To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City,it shall be subject to annual appropriation by City Council as required in Article V,Section 8(b)of the City Charter,City Code Section 8-186,and Article X,Section 20 of the Colorado Constitution.The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 4.Accounting.At any time it deems necessary,the City may request an accounting from the Grantee of its expenditure of the Grant Funds under this Agreement.The Grantee agrees to promptly provide such accounting upon receiving the City’s written request for such accounting. 5.Amendments.This Agreement may be amended only by agreement of the Parties evidenced by a written instrument authorized and executed with the same formality as used for this IGA. 6.Notice.Any notice given under this Agreement shall be in writing.If such notice is hand delivered or personally served,it shall be effective immediately upon such delivery or service.If given by mail,it shall be sent by certified mail with return receipt requested and addressed to the following addresses: City Manager City of Fort Collins P.O.Box 580 Fort Collins,CO 80522 With a copy to: City Attorney City of Fort Collins P.O.Box 580 Fort Collins,CO 80522 Wendy Horst Larimer County Economic and Workforce Development 200 W Oak St Fort Collins,CO 80521 Notice given by certified mail shall be effective three (3)days after it is deposited in the United States mail depository correctly addressed and with sufficient postage for delivery. 7.Governing Law and Venue.This Agreement and the rights and obligations of the Parties under it shall be interpreted and construed in accordance with the laws of the State of Colorado, the City Code,and the City Charter (collectively,the “Controlling Laws”).In the event of any conflict Page 2 EXHIBIT A TO RESOLUTION 2025-017 between this Agreement and the Controlling Laws,the Controlling Laws shall control the interpretation of the Agreement and the Parties’performance of their obligations under it.Neither Party shall be obligated under this Agreement to take any action that would be a violation of or in conflict with any of the Controlling Laws.The Parties agree that venue for any judicial action to interpret,enforce,or seek damages under this Agreement shall be in the District Court of Larimer County,Colorado. 8.Severability.If this Agreement,or any portion of it,is for any reason held invalid or unlawful by any court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision,and such holding shall not affect the validity of the remaining portions of the IGA. 9.Indemnity.To the full extent permitted by law,the Grantee agrees to indemnify and save harmless the City,its officers,agents and employees against and from any and all actions,suits, claims,demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons,or damages to property arising out of,result from or occurring in connection with the Grantee’s performance of the Grant Work and that of its officers and employees.However, nothing contained in this Agreement shall constitute any waiver by the City or the Grantee of any defenses,immunities,or limitations of liability available to them under the Colorado Govemmental Immunity Act or available to them under any other applicable Colorado or federal law. 10.No Third-Party Beneficiaries.None of the terms,conditions,or covenants in this Agreement shall give or allow any claim,benefit,or right of action by any third person or entity not a party hereto. 11.No Assignment.The rights,benefits and obligations of this Agreement shall not be assigned by either of the Parties without the other Party’s prior written consent.Any assignment without such prior written consent shall be deemed null and void and of no effect. 12.Default.Each and every term and condition hereof shall be deemed to be a material element of this Agreement.In the event either Party should fail or refuse to perform according to the terms of this Agreement,such Party may be declared in default thereof. 13.Remedies.In the event the either Party has been declared in default under this Agreement,they shall be allowed a period of ten (10)days after receiving written notice of the declared default within which to cure said default.In the event the default remains uncorrected after the ten (10)days,the non-faulting Party may elect to (a)terminate this Agreement and seek damages;(b) treat this Agreement IGA as continuing and require specific performance;or (c)avail itself of any other remedy at law or equity. 14.Binding Effect.This Agreement shall inure to the benefit of and be binding on the Parties’respective successors and permitted assigns. EXHIBIT A TO RESOLUTION 2025-017 above. A]7EST: IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date stated CITY OF FORT COLLINS,COLORADO By_________ City Manager Name:Title: APPROVED AS TO LEGAL FORM: Senior Assistant Attorney ATtEST: Date LARIMER COUNTY By Wendy Horst,Accounting Manager Secretary Date EXHIBIT B TO RESOLUTION 2025-0 17 GRANT AGREEMENT UNDER THE CITY OF FORT COLLINS DIGITAL INCLUSION PROGRAM THIS GRANT AGREEMENT UNDER THE CITY OF FORT COLLINS DIGITAL INCLUSION PROGRAM (this “Agreement”)is entered into this ____________day of March 2025,by and between Larimer County Economic and Workforce Development (the “Grantee”), and the City of Fort Collins,a Colorado home rule municipality,(the “City”).The Grantee and City shall be referred to jointly herein as the “Parties”or individually as “Party”. RECITALS WHEREAS,the City has established and is operating as a utility a fiber-optic broadband system known as Connexion that provides various telecommunication services,including Internet services;and WHEREAS,related to the City’s operation of Connexion,the City Council has recognized that,because of economic inequality,many residents of Fort Collins do not have access to affordable and reliable Internet services causing a gap in economic and educational opportunity for these residents and their children,often referred to as the “digital divide”;and WHEREAS,to address this digital dMde,the City Council appropriated in the City’s biennial 2025-2026 budget,Ordinance No.163,2024 (Neighborhood Livability and Community Vitality Budget Offer #34.2),funds to be used through the City’s Digital Inclusion Program to provide,among other things,awards to non-profit entities and other govemments who will agree to use these grant funds to assist their economically disadvantage constituents with access to affordable Internet services and digital literacy;and WHEREAS,the Grantee has applied for a grant under the Digital Inclusion Program to support the “Digital Roots”bilingual program.This program helps job seekers learn or grow their digital skills for a successful job search.Digital Roots also provides participants who successfully complete the program with a device that they get to keep upon completion (the “Grant Work”). WHEREAS,the City has agreed to provide the Grantee with a grant of $85,000,to be used by the Grantee in accordance with the terms and conditions of this Agreement to fund its costs for the Grant Work and the Grantee has agreed to so use the grant funds;and WHEREAS,the City Manager has been authorized to approve this grant and to enter into this Agreement of the City’s behalf;and WHEREAS,Colorado governments are authorized in C.R.S.§29-1-203 to cooperate and contract with one another to provide any function,service,or facility each is lawfully authorized to provide;and WHEREAS,the City and the Grantee are both lawfully authorized to assist their respective constituents who are economically disadvantaged with access to affordable Internet services and digital literacy programming. EXHIBIT B TO RESOLUTION 2025-017 AGREEMENT NOW,THEREFORE,in consideration of the objectives,policies and findings expressed in the Recitals of this Agreement,which are hereby adopted by the Parties and incorporated by this reference,and the mutual promises contained in this Agreement,the Parties agree as follows: 1.Grant.Subject to the terms and conditions of this Agreement,the City agrees to pay the Grantee $85,000 on or before December 31,2025 (the “Grant Funds”). 2.Use and Repayment of Grant Funds.The Grantee agrees to use the Grant Funds only for the Grant Work.In any year in which the Grantee does not perform the Grant Work in whole or part,the amount of the Grant Funds not used by the Grantee for the Grantee Work as required by this Agreement shall be repaid by the Grantee to the City by February 1 of the year following the year in which Grant Work was not performed in whole or part. 3.Appropriation.To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City,it shall be subject to annual appropriation by City Council as required in Article V,Section 8(b)of the City Charter,City Code Section 8-186, and Article X,Section 20 of the Colorado Constitution.The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 4.Accounting.At any time it deems necessary,the City may request an accounting from the Grantee of its expenditure of the Grant Funds under this Agreement.The Grantee agrees to promptly provide such accounting upon receiving the City’s written request for such accounting. 5.Amendments.This Agreement may be amended only by agreement of the Parties evidenced by a written instrument authorized and executed with the same formality as used for this Agreement. 6.Notice.Any notice given under this Agreement shall be in writing.If such notice is hand delivered or personally served,it shall be effective immediately upon such delivery or service.If given by mail,it shall be sent by certified mail with return receipt requested and addressed to the following addresses: City Manager,City of Fort Collins P.O.Box 580 Fort Collins,CO 80522 With a copy to: City Attorney,City of Fort Collins P.O.Box 580 Fort Collins,CO 80522 EXifiBIT B TO RESOLUTION 2025-017 Larimer County Economic and Workforce Development 200 W Oak St Fort Collins,CO 80521 Notice given by certified mail shall be effective three (3)days after it is deposited in the United States mail depository correctly addressed and with sufficient postage for delivery. 7.Governing Law and Venue.This Agreement and the rights and obligations of the Parties under it shall be interpreted and construed in accordance with the laws of the State of Colorado,the City Code,and the City Charter (collectively,the “Controlling Laws”).In the event of any conflict between this Agreement and the Controlling Laws,the Controlling Laws shall control the interpretation of the Agreement and the Parties’performance of their obligations under it.Neither Party shall be obligated under this Agreement to take any action that would be a violation of or in conflict with any of the Controlling Laws.The Parties agree that venue for any judicial action to interpret,enforce,or seek damages under this Agreement shall be in the District Court of Larimer County,Colorado. 8.Severability.If this Agreement,or any portion of it,is for any reason held invalid or unlawful by any court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision,and such holding shall not affect the validity of the remaining portions of the Agreement. 9.Indemnity.To the full extent permifted by law,the Grantee agrees to indemnify and save harmless the City,its officers,agents and employees against and from any and all actions,suits,claims,demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons,or damages to property arising out of,result from or occurring in connection with the Grantee’s performance of the Grant Work and that of its officers and employees.However,nothing contained in this Agreement shall constitute any waiver by the City or the Grantee of any defenses,immunities,or limitations of liability available to them under the Colorado Governmental Immunity Act or available to them under any other applicable Colorado or federal law. 10.No Third-Party Beneficiaries.None of the terms,conditions,or covenants in this Agreement shall give or allow any claim,benefit,or right of action by any third person or entity not a party hereto. 11.No Assignment.The rights,benefits and obligations of this Agreement shall not be assigned by either of the Parties without the other Party’s prior written consent.Any assignment without such prior written consent shall be deemed null and void and of no effect. 12.Default.Each and every term and condition hereof shall be deemed to be a material element of this Agreement.In the event either Party should fail or refuse to perform according to the terms of this Agreement,such Party may be declared in default thereof. 13.Remedies.In the event the either Party has been declared in default under this EXHIBIT B TO RESOLUTION 2025-0 17 Agreement,they shall be allowed a period of ten (10)days after receiving written notice of the declared default within which to cure said default.In the event the default remains uncorrected after the ten (10)days,the non-faulting Party may elect to (a)terminate this Agreement and seek damages;(b)treat this Agreement as continuing and require specific performance;or (c)avail itself of any other remedy at law or equity. 14.Binding Effect.This Agreement shall inure to the benefit of and be binding on the Parties’respective successors and permitted assigns. above. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date stated CITY OF FORT COLLINS,COLORADO ATTEST: By Kelly DiMartino,City Manager Name:Title: APPROVED AS TO LEGAL FORM: Date Senior Assistant City Attorney Larimer County Economic and Workforce Development ATTEST: By Wendy Horst,Accounting Manager Secretary Date