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HomeMy WebLinkAbout2023-106-12/05/2023-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY FOR DESIGNATED FIRESOLUTION 2023-106 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY FOR DESIGNATED FINANCIAL SUPPORT OF THE CARNEGIE CENTER FOR CREATIVITY WHEREAS,in 2015,the Fort Collins electorate approved the Community Capital Improvement Program Ballot Measure,which helped to support the renovation of the City’s Carnegie Center for Creativity (“Carnegie Center”);and WHEREAS,renovation work on the Carnegie Center began in 2021;and WHEREAS,the current project estimate for the full renovation of the Carnegie Center is $6,200,000;and WHEREAS,Carnegie Center renovation funding includes $2,200,000 from the Community Capital Improvement Program Ballot Measure,$2,400,000 from a State of Colorado community revitalization grant,$900,000 in City general funds,and private funding;and WHEREAS,the Downtown Development Authority has approved financial support of up to $214,000 for renovations to the north,south,east and west facades of the Carnegie Center,and a new exterior entry gate and fence (the “DDA Funds”);and WHEREAS,the City and Downtown Development Authority have negotiated the attached Intergovernmental Agreement (the “IGA”)for the DDA Funds,which is attached hereto as Exhibit “A”;and WHEREAS,pursuant to Section 1-22 of the City Code,City Council approval of the IGA is required. 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 authorizes the City Manager to execute,on behalf of the City,the Intergovernmental Agreement with the Downtown Development Authority,in substantially the form attached hereto as Exhibit “A,”with such additional or modified 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 3.That the City Council hereby authorizes the City Manager to approve and execute future amendments to the IGA that the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate,so long as such amendments do not substantially modify the purposes of the IGA or otherwise increase the obligations and responsibilities of the City as set forth in the IGA. Passed and adopted at a re~ day of December,2023. AYIEEST: of the Council of Fort Collins this 5th EXHIBITATO RESOLUTION 2023-106 INTERGOVERNMENTAL AGREEMENT To fund a portion of the renovation of the Carnegie Center for Creativity THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”),is made and entered into by and between the City of Fort Collins,Colorado,a Colorado municipal corporation (“City”), and the Fort Collins,Colorado,Downtown Development Authority,a body corporate and politic (the “DDA”).The City and DDA are referred to herein individually as a “Party”and collectively as the “Parties.” RECITALS A.The City is the owner and operator of the Carnegie Center for Creativity at the Historic Carnegie Building (the “Carnegie Building”)located at 200 Matthews Street in Fort Collins (the “Property”).The Carnegie Building is home to a public gallery,classrooms,and meeting spaces that are available to rent for exhibition,performance,teaching and event purposes.The Carnegie Building is intended to be used by artists from various disciplines,employing a wide range of artistic expressions. B.In 2015,the Fort Collins community passed the Community Capital Improvement Program (CCIP)Ballot Measure,and the Carnegie Building was scheduled for renovation beginning in 2024.However,renovation work on the building outside of what was planned in the CCIP has already begun.To capitalize on that work and minimize future building closure,the City has moved forward with the CCIP renovation work in 2023.The total project focuses on infrastructure and historic restoration to ensure the building will continue to function as an accessible community creative space and public resource into the future. C.The renovation work for the Carnegie Building will include interior renovations, improvements to infrastructure and accessibility,restorations to the historic façade features of the Carnegie Building,and installation of a new exterior entry gate and fence on the Property,as generally described and depicted on Exhibit A,consisting of fifteen (15)pages,attached hereto and incorporated herein by reference (the “Carnegie Renovation Project”) D.In addition to the CCIP funding,the City has received financial grants from private entities and a $2.4 million grant from the State of Colorado for the Carnegie Renovation Project (the “Third-Party Grant Funds”). E.On June 9,2022,the Board of Directors of the DDA (the “DDA Board”)approved a grant to the City in the amount of up to $214,000 forthe City’s construction of renovations to the north, south,east and west facades of the Carnegie Building (the “Facade Renovations”),and a new exterior entry gate and fence on the Property (the “Entry Gate and Fence”),as a contribution to the City’s effort to complete the Carnegie Renovation Project. NOW,THEREFORE,the Parties agree as follows: 1.DDA Obligations: EXHIBIT A TO RESOLUTION 2023-106 1.1 Subject to the terms and condition set forth in Sections 1.3 and 2 below,the DDA will provide a grant of up to $184,196 to the City for the City’s construction of the Façade Renovations,consistent with the designs and plans presented to the DDA Board.Payment shall be made to the City on a reimbursement basis for costs incurred by the City in constructing the Façade Renovations,which will be paid within thirty (30)days of presentation to the DDA of properly executed monthly reimbursement forms containing the documentation required hereunder. 1.2 Subject to the terms and condition set forth in Sections 1.3 and 2 below,the DDA will provide a grant of up to $29,804 to the City for the City’s construction of the Entry Gate and Fence,consistent with the designs and plans presented to the DDA Board (the grant funds described in this Section 1.2 and in Section 1.1 above referred to hereinafter collectively as the “DDA Grant Funds”).Payment shall be made to the City on a reimbursement basis for costs incurred by the City in constructing the Entry Gate and Fence,which will be paid within thirty (30)days of presentation to the DDA of properly executed monthly reimbursement forms containing the documentation required hereunder. 1.3 The DDA obligation to release the DDA Grant Funds to the City is expressly subject to the following conditions: (a)The City utilizing deconstruction as a method for minimizing construction and demolition waste; (b)Submission of all documentation reasonably requested by the DDA for reimbursement,including actual cost accounting documentation,expenditure of City- budgeted funds documentation,and contractor documentation of deconstruction as a method for minimizing construction and demolition waste from entering the landfilF and (c)In the event the DDA Grant Funds have not been released to the City by December31, 2023,the release of such funds after such date shall be expressly contingent upon the reappropriation of such funds by the DDA Board,in its discretion,and the City Council of the City,in its discretion. 2.City Obligations: 2.1 Within twelve (12)months of the execution of this Agreement,the City will commence work on the Façade Renovations and Entry Gate and Fence. 2.2 The City will conform its work using the grant funds provided under this Agreement to the scope,use,material selections and design as presented to the DDA Board.The City will follow its procurement requirements in selecting and contracting with contractors and subcontractors to perform the work on the Façade Renovations and Entry Gate and Fence. 2.3 The City will provide the DDA with periodic updates regarding the Carnegie Renovation EXHIBIT A TO RESOLUTION 2023-1 06 Project,on a reasonable frequency as determined by the DDA. 2.4 The City Manager of the City of Fort Collins has adopted the City Give Financial Governance Policy to provide for the responsible,transparent,and efficient management of charitable donations to the City which requires that all philanthropic revenue will be used solely by the City for the designated uses determined by donor intent within and for the benefit of certain City services.As such,the DDA Grant Funds made by the DDA for the designated purpose of the Carnegie Historic Library renovation will be deposited into the City Give Business Unit and subject to the financial policies of all philanthropic revenue.This Agreement will be made a part of the City’s permanent records and is intended to serve as a guide to those in the City who will administer the DDA Grant Funds in the future.If,at a future date,the City Give Financial Governance Policy is to change or be revised,the DDA Grant Funds shall be subject to the policy as approved by the City Manager per the date of this award.In acceptance of this grant and per City Financial policy,these funds will be used exclusively for the designated purpose set forth by the DDA.Charitable gifts to the City of Fort Collins are delivered directly from the City Give Business Unit into the budget of the specified project,and shall not be used for any other purpose.If,in the event,there are remaining funds at the project’s completion,the City will return unused funds to the DDA,up to the amount of the DDA Grant Funds,or work with the DDA to allocate those funds toward complementary project features per the DDA’s written consent. 3.Term 3.1 The term of this Agreement will begin on the date it is fully executed by the Parties (the “Effective Date”)and shall continue through completion of the renovation work contemplated by this Agreement. 4.General Terms and Conditions 4.1 Representatives.The City and the DDA will each designate representatives for the purposes of managing this Agreement and the activities contemplated under this Agreement. 4.2 Entire Agreement.This Agreement constitutes the entire agreement between the Parties, and supersedes any previous contracts,understandings,or agreements of the Parties,whether verbal or written,concerning grants for the renovation of the Carnegie Center for Creativity.Any amendment to this Agreement must be in writing and signed by both Parties. 4.3 Assignment.No assignment of this Agreement or the rights and obligations thereunder shall be valid without the specific written consent of both Parties. 4.4 Choice of Law.This Agreement shall be governed by the laws of the State of Colorado, without regard to the conflict of laws provision thereof. 4.5 No Third Party Beneficiaries.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the City and the DDA.Any services or benefits that EXHIBIT A TO RESOLUTION 2023-1 06 third parties receive as a result of this Agreement are incidental to the Agreement,and do not create any rights for such third parties. 4.6 Authority.The persons who sign and execute this Agreement represent that they are duly authorized to execute this Agreement in their representative capacity on behalf of a Party. 4.7 Liability;Governmental Immunity;Insurance.Each Party shall be solely responsible for its actions including the actions of its employees or authorized volunteers.No term or condition of this Agreement shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental immunity Act,C.R.S.§24-10-101,ci seq.The City represents that it has adequate insurance coverage for the renovation work contemplated under this Agreement. [SIGNATURE PAGE FOLLOWS] EXHIBIT A TO RESOLUTION 2023-1 06 IN WITNESS WHEREOF,THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT: CITY: CITY OF FORT COLLINS,COLORADO, a Colorado municipal corporation By: Kelly DiMartino City Manager Date:____________________________ ATTEST: By: City Clerk APPROVED AS TO FORM: By: Asst.City Attorney Fort Collins,Colorado,Downtown Development Authority, a body corporate and politic By: David Lingle,Board Chair Date: ATTEST: Dwight Hall,Secretary EXHIBIT A TO RESOLUTION 2023-1 06 Carnegie Center for Creativity Renovation History of the Building:The historic Carnegie building is one of the oldest, continuously operating public buildings in Fort Collins.Completed in 1904 with $12500 in grant funds from Andrew Carnegie.this building served as the City’s first dedicated public library.It was designated a local Historic Landmark by Resolution in 1978.The building is also a contributing structure to the Laurel School Historic District,National Register 10/3/1980, SLR.463.The Carnegie Building is an excellent example of monumental Italian Renaissance or Renaissance Revival style architecture,constructed of dressed red sandstone block.Located at 200 Mathews Street in Library Park in Old Town Fort Collins,the building is now the Carnegie Center for Creativity (CCC)and offers an affordable,community4oçused cultural space for gallery exhibitions,performances,classes,and special events.It also is the home of Fort Collins Public Media and the Fort Collins Downtown Creative District. In 2015.the Fort Collins community passed the Community Capital mprovement Program (CCIP)Ballot Measure,and the CCC was scheduled for renovation beginning in 2024.However,renovation work on the building outside of what was planned in the CCIP has already begun (Phase One),and to capitalize on that work and minimize future building closure,the City has decided to move forward with the CCIP renovation work in 2022/2023 (Phase Two).Roof upgrades and new copper gutters have recently been installed and the elevator in the building was also replaced to meet ADA standards. Description of the Project:The total project focuses on infrastructure and historic restoration to ensure the building will continue to function as a public resource into the future.Work to be completed includes: ‘Uncover and restore windows ‘Add a main staircase to connect floors ‘Renovate and add restrooms Upgrade electrical Replace mechanical systems •Restore interior floors and finishes ‘Restore and repair exterior masonry ‘Address Americans with Disability Act needs,including creating a new entrance The CCC is one of the very few facilities in the Fort Collins area that offers affordable exhibition,performance,and special event space.An important publicly accessible facility,it is also one of the few spaces that local individual artists curate their own shows and can sell their work commission-free,The building is utilized by local arts nonprofit organizations such as the Center for Fine Art Photography and Impact Dance to present exhibitions and performances,The CCC is home to the community’s annual Youth Art Month exhibit and art exhibits by art students from Colorado State University.The CCC is a central location for the monthly Downtown Fort Collins First Friday Art Walk and the Annual City Studio Art Tour.The CCC is the home for community meetings and special events such as community fundraisers,including recently for La Cocina and the Poudre River Heritage Alliance.Fort Collins Startup Week and Artup Week have also taken place at the Center.Last,being one block from the Old Town core,the CCC draws visitors to Old Town where they can visit the facility and then explore and support the businesses of Old Town. With the lack of creative and cultural space in Fort Collins,the CCC will become a more robust central gathering space for the creative sector.The renovated main floor gallery with new access to the lower and upper floors will offer quality exhibition and event space.The three flex-rooms are being design so they may be used for various activities including classes, meetings,and smaller exhibitions and events.The CCC will be a location for many artists and arts and culture nonprofits in Fort Collins to have place to meet,interact,and build community. Also key to the renovation will be to further positive activity during the day and into the evenings of the Library Park neighborhood.Having the windows uncovered,lights on,and people visiting will bring needed positive activity to a block that has attracted negative activity. 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