HomeMy WebLinkAbout2023-067-07/18/2023-AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE FRESOLUTION 2023-067
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY FOR THE FUNDING OF THE COLORADO
FRONT RANGE TRAIL -POUDRE RIVER TRAIL SEGMENT WITH THE GREAT
OUTDOORS COLORADO (GOCO)GRANT REIMBURSEMENT
WHEREAS,Larimer County (“County”),in partnership with the City’s Park Planning and
Development Division of the Parks Department,the Town of Timnath,and the Town of Windsor
applied for and received a grant from Great Outdoors Colorado (“GOCO”)for the completion of
the Poudre River Trail (the “Grant”);and
WHEREAS,the Grant will fund construction of gaps in the trail from the Colorado State
University Environmental Learning Center (“ELC”)in eastern Fort Collins to River Bluffs Open
Space west of Windsor including a spur connection to Windsor’s Kyger reservoir property (the
“Project”);and
WHEREAS,the City’s share of the Project includes closing two gaps of the Poudre River
Trail within the City,one between Arapaho Bend Natural Area and the existing Timnath trail
system on the east side of 1-25,and the other connecting the existing trail near Rigden Reservoir
to the ELC,with alternative alignments being explored for the segment of trail between Rigden
Reservoir and the ELC;and
WHEREAS,the City’s estimated portion of the Grant allocation is $1,000,744;and
WHEREAS,the total project cost for the City is estimated at $1,809,546,and the remainder
of the necessary funds have already been appropriated and available for expenditure in the
Conservation Trust funds;and
WHEREAS,as the primary applicant on the Grant,the County is responsible for managing
the Grant,including executing any necessary grant agreements with GOCO and coordinating
reimbursements,and the County has asked the City to enter into an agreement,shown on Exhibit
“A,attached hereto and incorporated herein by reference,to document the City’s and County’s
obligations with respect to the Grant (the “IGA”);and
WHEREAS,Article II,Section 16 of the City Charter empowers the City Council,by
ordinance or resolution,to enter contracts with governmental bodies to furnish governmental
services and make charges for such services,or enter cooperative or joint activities with other
governmental bodies;and
WHEREAS,Section 29-1-203 of the Colorado Revised Statutes provides that governments
may cooperate or contract with one another to provide certain services or facilities when such
cooperation or contracts are authorized by each party thereto with the approval of its legislative
body or other authority having the power to so approve;and
WHEREAS,the City Council has determined that entering into the Intergovernmental
Agreement (IGA)with the County is in the best interests of the City.
NOW,THEREFORE,BE iT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That the City Council hereby authorizes the City Manager to execute the
IGA,pursuant to which the County will reimburse the City for costs related to completion of the
Poudre River Trail,in substantially the form attached hereto as Exhibit “A,”together with such
modifications and additions as the City Manager,in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City or further the purposes
of this Resolution,as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th
day of July,2023.
AflEST:
41
Deputy City Clerk
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EXHIBIT A TO RESOLUTION 2023-067
INTERGOVERNMENTAL AGREEMENT
FOR FUNDING THE COLORADO FRONT RANGE TRAIL-POUDRE RIVER TRAIL SEGMENT
THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into this
____ day of ______________, 2023, by and among Larimer County, Colorado (the
“County”) and the City of Fort Collins, (“Fort Collins”), (each a “Party” and collectively, the
“Parties”).
BACKGROUND AND PURPOSE
A.Larimer County, in partnership with Fort Collins, Timnath, and Windsor has applied
for and received a grant from Great Outdoors Colorado (GOCO) for the completion
of the Poudre River Trail (the “Grant”). The Grant will fund construction of gaps in
the trail from the Environmental Learning Center in eastern Ft. Collins to River
Bluffs Open Space west of Windsor including a spur connection to Windsor’s Kyger
reservoir property (the “Project”).
B.A Project budget for trail construction was approved as part of a Grant agreement
with GOCO, Exhibit A. The estimated Project budget is included as Exhibit B,
attached hereto and incorporated herein by this reference, and totals $3,740,402.
C.Fort Collins’s estimated portion of the Grant allocation is $1,000,744.
D.Maps have been developed depicting the Project and each Party’s segments are
identified, Exhibit C. Fort Collins’ share of the Project, segments A, B, and C,
includes all construction related costs from the Environmental Learning Center
to the Colorado Department of Transportation’s (C-DOT) Interstate I-25 (I-25)
right-of way on the west of I-25 and a short section east of I-25 between C-DOT
right-of way and the existing trail on Timnath property. Timnath’s share of the
project, segments D and E, include all construction related costs between the
existing trail in the Rendezvous subdivision and the Graves property. Larimer
County’s share of the trail, segment F, includes all construction related costs
between the northern boundary of the Graves property and the Kyger reservoir
property. Windsor’s share of the Project, segment G, includes all construction
related costs of the portion of trail and trailhead on the Kyger reservoir
property and the connection to River Bluffs Open Space.
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EXHIBIT A TO RESOLUTION 2023-067
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises of the parties and other
good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the Parties agree as follows:
1) As the primary applicant, the County will be responsible for managing the Grant
including executing any necessary GOCO grant agreements and accompanying
documentation and coordinating all reimbursements.
2) Upon execution of this Agreement, Fort Collins shall provide in writing to the
County evidence that the Fort Collins City Council has appropriated sufficient funds
to satisfy Fort Collins’s estimated share of the Project construction costs as set
forth herein.
3) With respect to its segment of the Project, Fort Collins will comply with and agrees
to be bound by the obligations stated in the Grant agreement.
4) Each party is responsible for coordinating the design, permitting, construction and
any construction related activities to complete the trail segments referenced
above.
5) The Grant allocation to each Party will not exceed the allocation in the estimated
budget. Should costs exceed the estimate, they are the responsibility of the
affected Party.
6) Fort Collins’ portion of the Grant will not exceed $1,000,744 unless mutually
agreed upon.
7) The County’s portion of the Grant will not exceed $431,526 unless mutually agreed
upon.
8) Should the cost of a Party’s segment fall below the estimate, GOCO will be
consulted, and the Parties will meet to agree upon an equitable disbursement of
any remaining Grant funds.
9) The Parties shall be each be responsible for coding and paying all Project invoices
associated with each Party’s segment and will maintain accurate accounts of all
Project expenditures including the costs related each segment.
10) Fort Collins will submit an invoice to Larimer County for the agreed upon grant
allocation within 90 days of completion of Fort Collins’s Project segments.
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EXHIBIT A TO RESOLUTION 2023-067
11) Reimbursement from GOCO is contingent upon reporting approval and subject to
completion of other trail segments.
12) If either party fails to comply with any of its obligations hereunder (a “Default”),
the non-defaulting Party shall provide written notice of the Default to the
defaulting Party. Immediately upon receipt of such notice, the defaulting Party
shall promptly proceed to cure such Default within thirty (30) days or, if not able
to be cured within thirty (30) days, within such time as agreed upon by the non-
defaulting Party. If the defaulting Party fails to cure or remedy the Default within
the time period prescribed, the non-defaulting Party may proceed to protect and
enforce any or all of its rights and the obligations of the defaulting Party under this
Agreement in equity or at law in an action for specific performance or otherwise,
or take any other action authorized or permitted under applicable law.
13) This Agreement shall remain in force and effect until Fort Collins has completed all
its obligations hereunder.
14) The parties agree to cooperate in good faith to meet the Grant deadline of March
31, 2025. The parties agree to cooperate in requesting a second extension if
deemed necessary by either party.
15) To the extent this Agreement constitutes a multiple fiscal year debt or financial
obligation of the Parties, it shall be subject to annual appropriation. Neither party
shall have an obligation to continue this Agreement in any fiscal year in which no
such appropriation is made.
16) Written notices shall be directed as follows and shall be deemed received when
hand-delivered or emailed, or three (3) business days after being sent by certified
mail, return receipt requested:
If to the County:
Natural Resources Director
1800 South County Road 31
Loveland, CO 80537
With a copy to:
County Attorney
PO Box 1606
Fort Collins, CO 80522
If to Fort Collins:
Park Planning & Development Director
215 North Mason Street
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EXHIBIT A TO RESOLUTION 2023-067
P.O. Box 580
Fort Collins, CO 80522
With a copy to:
Natural Areas Director
1745 Hoffman Mill Rd.
Fort Collins, CO 80524
With a copy to:
City Attorney
P.O. Box 580
Fort Collins, CO 80522
17) Each Party is solely responsible for the actions and omissions of its officers and
employees and shall not be responsible or legally liable for the negligent acts of
the other Party or of the other Party’s officers or employees. No term or condition
of this Agreement shall be construed or interpreted as a waiver, express or implied,
of any of the notices, requirements, immunities, rights, benefits, protections,
limitations of liability, and other provisions of the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law.
18) The parties recognize the legal constraints imposed upon them by the
constitutions, statutes, and regulations of the State of Colorado and of the United
States, and imposed upon the Parties by their respective charters and municipal
codes, and, subject to such constraints, the parties intend to carry out the terms
and conditions of this Agreement. Notwithstanding any other provision in this
Agreement to the contrary, in no event shall any party exercise any power or take
any action which shall be prohibited by applicable law.
19) This Agreement, including the GOCO Grant agreement, contains the entire
agreement of the parties relating to the subject matter hereof and, except as
provided herein, may not be modified or amended except by written agreement
of the parties. This Agreement is for the benefit of the parties, and there is no third
party or other intended beneficiaries to this Agreement. In the event a court of
competent jurisdiction holds any provision of this Agreement invalid or
unenforceable, such holding shall not invalidate or render unenforceable any other
provision of this Agreement. Neither party shall assign this Agreement without the
other party’s prior written consent. This Agreement shall be governed by the laws
of the State of Colorado, and venue shall be in the County of Larimer, State of
Colorado.
20) This Agreement may be executed in counterparts, each of which shall be deemed
to be an original and all of which, when taken together, shall constitute one and
the same agreement. This Agreement may be executed by electronic signature in
accordance with C.R.S 24-71.3-101 et seq.
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EXHIBIT A TO RESOLUTION 2023-067
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
CITY OF FORT COLLINS, COLORADO
By: ______________________________
Kelly DiMartino, City Manager
ATTEST:
____________________________
City Clerk
____________________________
(Print name)
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
_____________________________
(Print name)
COUNTY OF LARIMER, COLORADO
By: ________________________________
Jody Shadduck-McNally - Chair
ATTEST:
____________________________
APPROVED AS TO FORM:
___________________________
County Attorney