HomeMy WebLinkAbout2017-002-01/03/2017-AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE STATE BOARD OF THE GREAT OUTDOORS J
L'
RESOLUTION 2017-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT
WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO
TRUST FUND REGARDING POUDRE RIVER AND FLOODPLAIN
HABITAT RESTORATION AT KINGFISHER POINT NATURAL AREA
WHEREAS, as part of its 2015 Natural Areas Restoration Master Plan, the City of Fort
Collins Natural Areas Department ("NAD") is planning to restore river and floodplain habitat
along the Poudre River through Kingfisher Point Natural Area; and
WHEREAS, the State Board of the Great Outdoors Colorado Trust Fund ("GOCO") is a
political subdivision of the State of Colorado, created by Article XXVII of the Colorado
Constitution, which article appropriates a portion of the net proceeds of the Colorado Lottery to
the Board and directs the Board to invest those proceeds in the state's parks, wildlife, open space
and recreational resources; and
I
WHEREAS, in 2016, GOCO offered a statewide grant program pursuant to which
eligible entities could apply for grants for habitat restoration projects on eligible properties; and
WHEREAS, NAD submitted a detailed application ("Project Application") to GOCO for
a habitat restoration grant, describing the Kingfisher Point Natural Area work ("Project"); and
WHEREAS, GOCO approved the Project Application on December 8, 2016, subject to
the execution of a detailed grant agreement; and
WHEREAS, the grant totals $100,000, and will require equal matching funds, which
NAD has available from City Open Space Yes and Larimer County Help Preserve Open Space
tax revenues appropriated in the department's 2017 budget; and
WHEREAS, NAD staff recommends the City Council authorize the City Manager to
enter into an Intergovernmental Agreement in the form attached hereto as Exhibit "A", and
incorporated herein by reference, addressing the scope of river and floodplain habitat restoration
to be accomplished through the awarded GOCO grant; and
WHEREAS, the City is authorized to enter into intergovernmental agreements to
provide any function, service or facility, such as a grant agreement, as provided in Article 11,
Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT , COLLINS that the City Manager is hereby authorized .to enter into an
Intergovernmental Agreement regarding the use of GOCO grant funds for river and floodplain
habitat restoration in the Kingfisher Point Natural Area, in substantially the form of agreement
attached hereto as Exhibit "A" and such other terms and conditions, or subsequent
modifications or amendments, as the City Manager, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City and effectuate
the purposes set forth herein, not otherwise inconsistent with this Resolution.
-1-
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of January, A.D. 2017.
� N
SUAL
aforq
ATTEST: :o
•�o O o
City Clerk
-2-
EXHIBIT A
to Council Resolution No. 2017-
GRANT AGREEMENT
PROJECT:
Project Title: Poudre River and Floodplain Habitat Restoration at
Kingfisher Point Natural Area
Contract Number: iLOG NUMBER
Final Completion Date: December 8, 2018
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
1900 Grant Street, Suite 725
Denver, CO 80203
Grantee: City of Fort Collins Natural Areas Department
PO Box 580
Fort Collins, CO 80523
RECITALS
A. The State Board of the Great Outdoors Colorado Trust Fund ("GOCO" or the
"Board") is a political subdivision of the State of Colorado, created by Article XXVII of the
Colorado Constitution, adopted at the November 1992 General Election, which article
appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the
Board to invest those proceeds in the state's parks, wildlife, open space and recreational
resources.
B. In 2016, the Board offered a statewide grant program pursuant to which eligible
entities could apply for grants for habitat restoration projects on eligible properties.
C. Grantee submitted a detailed application ("Project Application") to the Board for
a habitat restoration grant, which contemplates the execution of the project entitled and described
above ("Project"). The parties acknowledge that they.have on file a complete copy of the Project
Application, which is incorporated by reference.
D. The Board approved Grantee's Project Application on December 8, 2016, subject
to the execution of a detailed grant agreement. The parties intend this agreement to be the
detailed final grant agreement required by the Board ("Agreement").
AGREEMENT
NOW, THEREFORE, in consideration of the parties' mutual covenants contained in this
Agreement and other good,and valuable consideration, the receipt and sufficiency of which are
acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are incorporated into this
Agreement.
2. Representations and Warranties of Grantee.
a. Grantee is City of Fort Collins, a duly organized in accordance with the laws of Colorado
and has full and lawful authority to enter into, and comply with the terms of, this Agreement.
b. Grantee's governing body has authorized entering into this Agreement as evidenced by
the resolution attached and incorporated as Exhibit A.
C. Grantee warrants that the land upon which the Project is to be performed is either(1)
owned by a land trust or other private party and is permanently protected by a conservation
easement or other permanent use restriction or(2) publicly owned open space.
3. Grant and Project. Subject to the terms and conditions set forth in this Agreement, the
Board awards to Grantee a sum not to exceed $100,000 ("Grant"). The Grant shall be used by
Grantee solely to complete the Project,-in substantial conformity with the final plans,
specifications, designs and uses approved by the Board.
4. Project Scope. Grantee shall not materially modify the Project or the Budget, as defined
below, without the prior written approval of the Executive Director of GOCO ("Executive
Director") or the Executive Director's designee, such approval to be in GOCO's sole discretion.
Any material modification to the Project undertaken without GOCO's prior written consent may
be deemed a breach of this Agreement by GOCO, entitling GOCO to all remedies available
under this Agreement. If Grantee determines with reasonable probability that the Project will
not or cannot be completed as approved by GOCO, Grantee will promptly advise the Board in
writing and cooperate in good faith to seek a resolution before any further funds are advanced.
5. Approved Budget. Grantee has completed a detailed budget that reflects all anticipated
sources and uses of funds for the Project, including a detailed accounting of Grantee's
anticipated direct costs and indirect costs associated with the Project, a copy of which is
attached and incorporated as Exhibit B ("Budget"). The Project Application contains a budget
that may not match the approved version attached as Exhibit B and which, therefore, shall not
be relied upon by GOCO or Grantee. Where discrepancies exist, the approved Budget in Exhibit
B shall control until such time as GOCO approves the final version.
6. Insurance. Grantee shall maintain general liability insurance for the entire period of the
Project that covers all staff and volunteers participating in th`e Project, for protection in the event
of injury and/or damage. The insurance limits shall not be less than $1,000,000 per occurrence
Updated 12/2016 Page 2 of 12
u \
1 \
1
and $2,000,000 aggregate. If the Grantee contracts with another organization to complete the
Project, it is the responsibility of the Grantee to ensure its contractor carries insurance that
fulfills this requirement.
7. Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and
workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the
Project.
8. Completion Date. Grantee shall complete the Project and submit the Final Report
described below no later than December 8,2018 ("Project Completion Date"), which is two
calendar years after the Board's approval of the Project.,Grantee may request an extension of
the Project Completion Date in compliance with GOCO's Overdue Grants procedure, which is
attached as Exhibit C, as may be amended from time to time by GOCO in its sole discretion. If
Grantee determines with reasonable probability that the Project will not or cannot be completed
by the Project Completion Date or any extended completion date, Grantee will promptly advise
the Board in writing and cooperate in good faith to seek a resolution before any further funds
are advanced.
9. Future Funding. This Agreement and the Grant only apply to the Project specifically
described in this Agreement. GOCO makes no representations regarding future funding for
future phases of the Project or.any other projects, whether or not described in the Project
Application.
10. Matching Funds. Grantee shall obtain the matching cash and in-kind contributions for
the Project as reflected in the approved Budget or any approved modifications and as required
by GOCO, and shall provide evidence of match as GOCO may require in its reasonable
discretion.
11. Disbursement of,Funds. Once the Project is complete, Grantee shall submit a final
report to GOCO detailing the accomplishments of and expenditures related to the Project
("Final Report"). The Project is complete when all restoration efforts proposed in the Project
Application have been completed. The Final Report must be submitted using GOCO's Habitat
Restoration Program Final Report Form (available at www.goco.org or by contacting GOCO).
In its discretion, GOCO may request additional documentation before its approval of the Final
Report. Upon GOCO's approval of the Final Report, GOCO shall pay the funds awarded
through the Grant, subject to any reductions contemplated by any provision of this Agreement.
12. Conditions for Disbursement of Funds. The Grant is subject to the following
requirements and conditions. .
a. The Grant and all matching funds shall be used only for those eligible costs proposed in
the Project Application. The Grant and all matching funds may not be used to pay for ineligible
expenses including but not limited to non-fixed asset purchases (such as maintenance
equipment), fundraising costs, any real property purchases, or any other costs deemed to be
ineligible by the Board, at the Board's sole discretion.
Updated 12/2016 Page 3 of-12
b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by
Grantee. All costs exceeding $1,000 must be supported by written documentation(receipts, bills,
etc.). In its discretion and depending on the nature of the Project, GOCO may require
documentation of mechanics' lien waivers or waivers of claims to public project performance
bonds as a precondition to any disbursement under this Agreement.
C. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this
Agreement, no material modifications may be made"to the Project. Material modifications to the
Project to which GOCO has not agreed may result in a reduction in the Grant. "Material
Modifications" may include, but are not necessarily limited to, a reduction in the total cost of the
Project, a reduction in the size or number of restoration components to be completed, changes to
the nature of the restoration or volunteer components of the Project, or any other variance from
the Project as presented in the Project Application. It is the sole responsibility of Grantee to
inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to
contact GOCO in writing when it becomes aware of or wishes to make any such modifications,
however seemingly minor, to the Project.
13. Payment of Grant Subject to Sufficient Net Lottery Proceeds. Payment of the Grant
is subject to GOCO's determination in its sole discretion that it has received and has available
sufficient net lottery proceeds to fund the Grant and that Grantee has complied with this
Agreement, including Grantee's fulfillment of all conditions precedent to funding. In
determining the sufficiency of net lottery proceeds, GOCO may.consider all facts and
circumstances as it deems necessary or desirable in its discretion, including, but not limited to
adequate reserves, funding requirements and/or commitments for other past, current and future
grants, and past, current and future GOCO operating expenses and budgetary needs.
14. Project Operation and Maintenance. GOCO shall not be liable for any cost of
maintenance, management or operation of the Project incurred after the original or any extended
Project Completion Date.
15. Compliance with Regulatory Requirements and Federal and State Mandates. .
Grantee assumes responsibility for compliance with all regulatory requirements in all applicable
areas, including but not limited to nondiscrimination, worker safety, local labor preferences,
preferred vendor programs, equal employment opportunity, use of competitive bidding, permits,
approvals, local, state and federal regulations and environmental laws, and other similar
requirements. To the maximum extent permitted by law, Grantee will indemnify and hold the
Board, Executive Director, and GOCO staff harmless from any liability for any failure to
comply with any such applicable requirements.
16. Nondiscrimination. During the performance of this Agreement, Grantee and its
contractors, subcontractors and agents shall not unlawfully discriminate against any employee
or applicant for employment because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, marital status, age or sex, or any other basis prohibited-by local,
state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free of such discrimination.
Updated 12/2016 Page 4 of 12
17. Publicity and Proiect Information.
a. Grantee shall acknowledge Board funding in all publicity issued by it concerning the
Project.
b. Grantee shall cooperate with GOCO in preparing public information pieces, providing
access to the Project for publicity purposes to the extent allowed by the landowner, and
providing photos or other imagery of the Project from time to time, which GOCO reserves the
right to use and duplicate in any print or electronic publication or platform for publicity,
illustration, advertising, web content, and other purposes at any time without the need to seek
pre-approval from the Grantee.
C. Grantee shall give the Board the right and opportunity to use information gained from the
Project.
d. Grantee shall give the Board a minimum of 30 days' notice of Project grand openings,
dedications, or other events.
e. At no time shall Grantee represent in any manner to the public or to any party that it is
affiliated with GOCO or acting on behalf of GOCO.
18. Liability.
a. Grantee shall be responsible for, and to the extent permitted by law (including any
constitutional or statutory limitations on the ability of a governmental entity to provide
indemnification), indemnify, defend and hold harmless the Board, its officers, agents and
employees from any and all liabilities, claims, demands, damages or costs (including reasonable
legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee's
performance of this Agreement. Grantee waives any and all rights to any type of express or
implied indemnity or right of contribution from the State of Colorado, the Board, its members,
officers, agents or employees, for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement.
b. Grantee acknowledges that Grantee is the owner of the Project and the property upon
which it is located, or has managerial control of the Project or the property, and that GOCO
neither possesses nor controls the Project, the property, nor the operations of the Project.
C. Anything else in this Agreement to the contrary notwithstanding, no term or condition of
this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of
the immunities, rights, benefits or protections provided to the Board under the Colorado
Governmental Immunity Act ("CGIA") as amended or as may be amended in the future
(including, without limitation, any amendments to such statute, or under any similar statute that
is subsequently.enacted). This provision may apply to Grantee if Grantee qualifies for protection
under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. The Board and
Grantee understand and agree that liability for claims for injuries to persons or property arising
out of the negligence of the Board, its members, officials, agents and employees may be
Updated 12/2016 Page 5 of 12
controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of
this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA
limits the liability of the Board, its members, officers, agents and employees.
19. Audits and Accounting. Grantee shall maintain standard financial accounts, documents,
and records relating to the use, management, and operation of the Project. Grantee shall retain
the accounts, documents, and records related to the Project for not less than five years following
the final date of disbursement of funds under this Agreement. The Board, or its designated
agent, shall have the right, upon reasonable notice to Grantee, to audit the books and records of
Grantee that pertain to the Project and to the use and disposition of the Grant. While Grantee is
not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use
reasonable and appropriate accounting systems in maintaining the required records under this
Agreement.
20. Inspection. Throughout the term of this Agreement, GOCO shall have the right to
inspect the Project to ascertain compliance with this Agreement.
21. Withdrawal of Board Funding; Termination of Agreement. Anything in this
Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the
right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of
the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that:
a. facts have arisen or situations have occurred that fundamentally alter the expectations of
the parties or make the purposes for the Grant as contemplated infeasible or impractical; /
b. any material modifications in the scope or nature of the Project have occurred from that
which was presented in the Project Application approved by GOCO and such material
modifications have not received the prior written approval of GOCO;
C. any statement or representation made by Grantee in the Project Application, this
Agreement, the Final Report, or otherwise is untrue, inaccurate or incomplete in any material
respect;
d. the results of GOCO's review of the Final Report is not acceptable to GOCO;
e. the Project will not or cannot be completed by the Project Completion Date or any
extensions granted, or delays in the implementation of the Project have occurred which, in the
Board's judgment, make the Project impracticable;
f. the Project will not or cannot be completed within the Budget or any approved
modifications, or the total Project cost and/or Grantee's matching funding are reduced without
GOCO's prior written approval;
g. title to or encumbrances against the property are or become such that Grantee is unable to
complete the Project.
Updated 12/2016 Page 6 of 12
22. Breach.
a. \ In the event that Grantee breaches any of the terms, covenants, representations, or
conditions of this Agreement, the Board may elect to enforce any and all remedies available at
law or in equity, including without limitation any of the following:
i. -Prior to payment of Grant:
A. Withdraw the Grant and terminate this Agreement; and,
B. Deny Grantee eligibility for participation in future Board grants, loans or
proj ects.
ii. After payment (partial or full) of Grant:
A. Deny Grantee eligibility for participation in future Board grants, loans or
projects;
B. Seek specific performance of Grantee's obligations under this Agreement;
C. Receive reimbursement in full, or in part, of disbursement made under the
Grant.
b. The foregoing remedies are cumulative and may be exercised independently or in
combination and are not exclusive to one another or to any other remedies available at law or in
equity. In the event GOCO must pursue any remedy under this Agreement and is the
substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees,
including costs of collection.
23. Good Faith. There is an obligation of good faith on the part of both parties, including
the obligation to make timely communication of information that may reasonably be believed to
be material to the other party.
24. Assignment. Grantee may not assign its rights or delegate its obligations under this
Agreement without the express written consent of the Board, which consent shall be in the
discretion of the Board. Any assignment shall require that, at a minimum, the assignee is
eligible to receive grants from the Board and assumes Grantee's ongoing obligations under this
Agreement.
25. Applicable Law. This Agreement shall be governed by the laws of the State of
Colorado, and venue for any dispute under this Agreement shall He exclusively in the City and
County of Denver.
26. No Joint Venture. Nothing in this Agreement shall be construed to create a joint
venture, partnership, employer/employee or other relationship between the parties other than
Updated 12/2016 Page 7 of 12
independent contracting parties. Neither party shall have the express or implied right to act for,
on behalf of, or in the name of the other party.
27. Severability. If any provision in this Agreement is found to be ambiguous, an
interpretation consistent with the purpose of this Agreement that would render the provision
valid shall be favored over any interpretation that would render it invalid. If any provision of
this Agreement is declared void or unenforceable, it shall be deemed severed from this
Agreement, and the balance of this Agreement shall otherwise remain in full force and effect.
28. Time is of the Essence. Time is of the essence in this Agreement.
29. Survival. The terms and provisions of this Agreement and the parties' covenants under
this Agreement shall survive the funding of the Grant and the completion of the Project.
30. Fax and Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original, but all of which when taken together shall constitute one
agreement. In addition, the parties agree to recognize signatures to this Agreement made
electronically and transmitted electronically or by facsimile as if they were original signatures.
31. Third-Party Beneficiary. The Board and Grantee acknowledge and agree that this
Agreement is intended only to cover the relative rights and obligations between the Board and
Grantee and that no third-party beneficiaries are intended.
32. Notice. Any notice, demand, request, consent, approval or communication that either
party desires or is required to give the other shall be in writing.and either served personally or
sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement.
33. Construction. Each party has reviewed this Agreement, and therefore any usual rules of
construction requiring that ambiguities be resolved against a particular party shall not be
applicable in the construction and interpretation of this Agreement.
34. Waiver. The failure of either party to enforce a term of this Agreement shall not be
deemed a waiver of such term or right of enforcement as to that breach or any subsequent
breach. No waiver shall be enforceable under this Agreement unless signed by the party against
whom the waiver is sought to be enfdreed.
35. Entire Agreement. Except as expressly provided in this Agreement, this Agreement
constitutes the entire agreement of the parties. No oral understanding or agreement not
incorporated in this Agreement shall be binding upon the parties. No changes to this Agreement
shall be valid unless made in writing, approved by the Board, and signed by the parties.
36. Termination of the Board. If Article XXVII of the Colorado Constitution, which
established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another
entity, the rights and obligations of GOCO under this Agreement shall be assigned to and
assumed by such other entity as provided by law, but in the absence of such direction, by the
Colorado Department of Natural Resources or its successor.
Updated 12/2016 Page 8 of 12
IN WITNESS WHEREOF, the parties by signature below of their authorized representatives
execute this Agreement effective as of February 6, 2017.
STATE BOARD OF THE GREAT GRANTEE:
OUTDOORS COLORADO TRUST FUND City of Fort Collins
By: By:
Jim Spaanstra Name:
Executive Director Title:
*NOTE* Signee should be same individual
authorized to sign grant agreement in
attached resolution (EXHIBIT A)
Updated 12/2016 Page 9 of 12
EXHIBIT A
RESOLUTION
I
Updated 12/2016 Page 10 of 12
i
EXHIBIT B
PROJECT BUDGET
(Submit a new budget if the project numbers have changed.)
N/A - No changes were made from the grant application
Updated 12/2016 Page 11 of 12
EXHIBIT C
OVERDUE GRANTS PROCEDURE
GOCO understands that there are unforeseen circumstances that may interfere with a grantee's
ability to complete a project by the project completion date set forth in the grant agreement. This
procedure outlines the options available to grantees to extend a grant deadline.
1) Staff Extensions: Staff can grant an extension for at least 90 days and up to the date
of the next scheduled GOCO Board meeting beyond that 90 days. A grantee may only
request one staff extension per project.
a. The grantee must submit a request for a staff extension prior to the original
project completion date via email or postal mail to the appropriate GOCO
program staff.
b. Requests must include the following: a) grantee name; b) project title; c) contract
number from the grant agreement; d) original project completion date; e)percent
of project completed to date or due diligence items completed to date for land
acquisitions; f) reason for delay; g) estimated date of project completion or
closing; and h) estimated date of final report submission to GOCO, if applicable.
c. Staff will notify the grantee via email of the decision to grant or deny the request
for a staff extension.
2) Board Extensions: If the grantee needs more time than a staff extension would
provide, the grantee must request a board extension. A grantee can request a second
board extension if needed, although this is not a favorable action.
a. The grantee must submit a request for a board extension prior to the original or
staff-extended project completion date via email or postal mail. Requests must be
sent to the appropriate GOCO program staff.
b. Requests must include the following: a) grantee name; b) project title; c) contract
number from the grant agreement;'d) original project completion date and, if
applicable, staff-extended project completion date; e) percent of project
completed to date or due diligence items completed to date for land acquisitions;
0 reason for delay; g) estimated date of project completion or closing; and h)
estimated date of final report submission to GOCO, if applicable.
c. The board will consider the request for board extension at its next scheduled
meeting. Staff will notify the grantee via email of the board's decision to grant or
deny the request for a board extension.
d. Requests for a second board extension must follow all of the procedures listed
above.
3) To request a staff or board extension, use the Project Extension Request form.
4) GOCO expects the grantee to request the appropriate amount of time needed to
complete the project. Failure to complete a project by the original due date, or by any
extended due dates authorized by staff or the board, may result in the de-authorization'
of the grant and a suspension from applying in future grant cycles.
Updated 12/2016 Page 12 of 12