HomeMy WebLinkAbout2025-018-03/18/2025-APPROVING AN INTERGOVERNMENTAL AGREEMENT AND GRANT AGREEMENT WITH POUDRE SCHOOL DISTRICT FOR A GRANTRESOLUTION 2025-018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT AND GRANT AGREEMENT
WITH POUDRE SCHOOL DISTRICT 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 the Poudre School District (the
“District”)for a grant under the Dl Program that City staff has reviewed and is
recommending that the grant requested by the District be awarded.
E.The District has requested an annual grant of $85,000 for the years 2025
and 2026,for a total grant of $170,000,to be used by the District to fund its costs
employing a full-time Digital Literacy Liaison who will be responsible for supporting the
technological literacy of the District’s Family Liaisons and of the families served by its
Family Liaisons (the “District Grant”).
F.City and District staff have negotiated and are proposing that the City and
the District 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 District 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 District,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.
The City and the District 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
District 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 District,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.
/
‘ayor
ATtEST:
City C
Effective Date:March 18,2025
Approving Attorney:Dianne Criswell
EXHIBIT A TO RESOLUTION 2025-018
INTERGOVERNMENTAL AGREEMENT AUTHORIZING A GRANT
UNDER THE CITY OF FORT COLLINS DIGITAL INCLUSION PROGRAM
THIS INTERGOVERMENTAL 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 Poudre School District (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 to fund
for the operational expenses of a Digital Literacy Liaison,a Poudre School District (“PSD”)staff
member to support the technological literacy of PSD Family Liaisons and the digital literacy of those
families served by PSD’s Family Liaisons (the “Grant Work”);and
WHEREAS,the City has approved this application and agreed to provide the Grantee with a
grant of $85,000 for each of the calendar years of 2025 and 2026,for a total grant of $170,000,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-
018 authorizing the City Manager to enter into this Agreement of the City’s behalf:and
WHEREAS,Colorado govemments 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 Intemet
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 2025-0 18
1.Grant.Subject to the terms and conditions of this Agreement,the City agrees to pay
the Grantee Eighty-Five Thousand Dollars ($85,000)on or before each of the following dates:(i)
December 31,2025,and (ii)December 31,2026 (collectively,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.Aporopriation.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
David Autenrieth,Interim Director of Language,Culture &Equity
Poudre School District
2407 Laporte Ave
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.Goveming 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 2025-018
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 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 dedared 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 2025-018
above.
A1TEST:
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:
Date
Senior Assistant City Attorney
POUDRE SCHOOL DISTRICT
ATTEST:
By
David Autenrieth,Interim Director of
Language,Culture &Equity
Secretary Date
EXHIBIT B TO RESOLUTION 2025-018
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 Poudre School District (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 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 to
provide,among other things,awards 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 Internet services and digital literacy;and
WHEREAS,the Grantee has applied for a grant under the Digital Inclusion Program to be
used to support the operational expenses of a Digital Equity Liaison,a PSO staff member to
support the technological literacy of PSD Family Liaisons and the digital literacy of those families
served by PSD’s Family Liaisons (the “Grant Work”).
WHEREAS,the City has agreed to provide the Grantee with a grant of $85,000 for each
of the calendar years of 2025 and 2026,for a total grant of $170,000,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
EXHIBIT 13 TO RESOLUTION 2025-0 18
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.
AG REEMENT
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 temis and conditions of this Agreement,the City agrees to
pay the Grantee Eighty-Five Thousand Dollars ($85,000)on or before each of the following dates:
(i)December 31,2025,and (ii)December 31,2026 (collectively,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:
EXHIBIT B TO RESOLUTION 2025-018
City Attorney,City of Fort Collins
P.O.Box 580
Fort Collins,CO 80522
David Autenrieth,Director of Language,Culture &Equity
Poudre School District
2407 Laporte Ave
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 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 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.
EXHIBIT B TO RESOLUTION 2025-0 18
12.Default.Each and every term and condition hereof shall be deemed
material element of this Agreement.In the event either Party should fail or refuse to
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 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
By
ATTEST:Kelly DiMartino,City Manager
Name:Title:
APPROVED AS TO LEGAL FORM:
Date
Senior Assistant City Attorney
Poudre School District
ATTEST:
By
David Autenrieth,Director of Language,
Culture &Equity
to be a
perform
Secretary Date