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HomeMy WebLinkAbout2009-077-08/18/2009-AUTHORIZING A GRANT AGREEMENT WITH THE UNITED STATES FISH AND WILDLIFE SERVICE FOR PRAIRIE ECOSYSTEM RESOLUTION 2009-077 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A GRANT AGREEMENT WITH THE UNITED STATES FISH AND WILDLIFE SERVICE FOR PRAIRIE ECOSYSTEM CONSERVATION EDUCATION WHEREAS, the City has applied for and been awarded grant funds from the United States Fish and Wildlife Service (the "FWS Grant') in order to offer classroom visits, field trips, public programs and volunteer training to expand prairie ecosystem education by the City Natural Areas Program for a variety of audiences (the "Project'); and WHEREAS,the FWS Grant will provide to the City$10,000 per year for five years,and will enable the City to create a temporary, hourly education assistant position to provide education services; and WHEREAS,to receive the grant funds,the City must execute a Grant Agreement(the"Grant Agreement') with the Fish and Wildlife Service, a copy of which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS,the funds to carry out the Project are appropriated and available in the Natural Areas Program 2009 budget; and WHEREAS, the City is authorized, under Article II, Section 16 of the City Charter and Section 29-1-203,C.R.S.,to enter into intergovernmental agreements,such as the Grant Agreement and the Project Agreements, to provide any function, service or facility; and WHEREAS,City staff recommends that the City Council authorize the Grant Agreement as described herein. NOW,�,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into a Grant Agreement with the United States Fish and Wildlife Service, for the receipt of grant funds, to be used to provide prairie ecosystem conservation education, in substantially the form attached hereto, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney,deems necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Co cil f the City of Fort Collins 's 18th day of August A.D. 2009. Mayor ATTEST: City Clerk EXHIBIT A August 11, 2009 GRANT AGREEMENT Memorandum of Understanding Between USFWS Black-footed Ferret Recovery Program and City of Fort Collins Natural Areas Program Introduction This Grant Agreement between the U.S. Fish and Wildlife Services' (USFWS) black- footed ferret recovery program and the City of Fort Collins, Colorado, for its Natural Areas Program (FCNA) is dated August_, 2009, and outlines a mutually beneficial programming plan to increase black-footed ferret and prairie ecosystem conservation awareness, increase the number of participants the FCNA program reaches, get more Fort Collins residents outside in nature, and provide additional meaningful programming for FCNA staff, volunteers and program participants. USFWS and FCNA (jointly referred to as the "Parties") acknowledge that the programming and activities provided hereinafter will accomplish numerous mutually desirable objectives and benefits. These include: 1. Increase awareness and knowledge of black-footed ferrets and prairie conservation in Fort Collins residents; 2. Increase USFWS efforts to assist in "Connecting People with Nature"; 3. Increase offerings for State of Colorado "Getting Kids Outdoors" initiative; 4. Provide USFWS access to land and schools for outreach; 5. Increase number of participants in FCNA programming and contact time; 6. Increase number of school groups that have the opportunity to visit and learn about Fort Collins Natural Areas; 7. Increase awareness for FCNA staff, volunteers and Fort Collins residents about their natural heritage and an important endangered species (black- footed ferrets) and its recovery program; and -8. Increase efficiency and cost-effectiveness of USFWS and FCNA educational and outreach programming. A. Term of Agreement The term of this Grant Agreement shall commence as of the date first set forth above, and shall continue for one (1) year. The Grant Agreement shall automatically renew for up to four(4) successive additional one (1) year terms, for a total of five (5) years. B. Grant Projects 1 August 11, 2009 The Projects provided and funded pursuant to this Grant Agreement will be as follows: 1. Black-footed.ferret classroom visit. As a pre-program component of FCNA established program Tasty Slice of the Prairie Pie, USFWS Education Specialist and a live ferret will offer to visit participating class(es) at their school prior to their field trip. This could also be an auditorium program to reach more students and teachers. Take home messages will include: black-footed ferrets are part of our natural heritage (and they exist), they were twice thought extinct but humans helped them back from the brink of extinction (career ideas), ferrets are amazing and important, and the prairie ecosystem is important. Begin September 2009. 2. City Programs. Two program offerings through the City of Fort Collins Natural Areas Program, Program & Activity Guide, May— October 2010. One "Night Program" and one "Nature and Culture Program" at Soapstone or another appropriate natural area. 3. Cathy Fromme Prairie or other natural area Field Trip. USFWS provision of funding and staffing for 15 school groups, annually for 5 years, (the size to be determined) to participate in Tasty Slice of the Prairie Pie and pre-trip visit by USFWS Education Specialist and a ferret. Additional information featuring black-footed ferrets added as part of the prairie dog observation lesson. A %z day field trip organized and conducted by USFWS Education Specialist, with support of a grant-funded (paid) City Education Assistant (the "Education Assistant") for safety and teaching. 4. Marketing. The City Education Assistant will conduct a marketing phase under supervision of FCNA. This will involve the creation of a flier to promote projects 1 & 2 along with a travelling power point presentation to be presented to 4ch grade teachers and PEO groups in the Poudre School District. C. Obligations of the Parties 1. USFWS obligations. USFWS agrees to provide the following each year of this Grant Project: a. USFWS will pay to FCNA on December 1, 2009, and on or before that date annually for each year of the Grant Agreement term, Nine Thousand, nine hundred and two Dollars ($9,902.00), to be used by FCNA to pay for a temporary City Education Assistant, and for other activities required or described herein. b. USFWS Education Specialist and a live ferret (barring disease issues for ferrets, e.g. swine flu) will be available to visit classrooms and conduct pre-field trip classroom session prior to Tasty Slice of the Prairie Pie Natural Areas program upon arrangement by FCNA. USFWS will provide 2 August 11, 2009 teacher and student materials on black-footed ferrets for follow up and to help students retain information. Education Specialist will organize scheduling and logistics for classroom visit and provide talking points and materials to FCNA education staff for input and prior approval. c. USFWS Education Specialist will conduct a"Night Program" and"Nature and Culture Program" on the black-footed ferret recovery program at a mutually agreed time and location. The program will be of high quality and presented in a professional manner. d. USFWS will provide all field trip funding and staffing for 15 groups annually (for each of 5 years) to participate in a Cathy Fromme Prairie (or other natural area) Tasty Slice of the Prairie Pie field trip featuring black- footed ferrets. USFWS Education Specialist and City Education Assistant will prepare marketing program and lead field trips. USFWS will provide training for the City Master Naturalist on black-footed ferret content. e. USFWS Education Specialist will work with City Education Assistant and FCNA staff to create marketing fliers and Power Point presentation regarding the Grant Projects. f. USFWS Education Specialist will provide a black-footed ferret continuing education opportunity for all FCNA volunteer Master Naturalists annually. 2. Fort Collins' Obligations. Fort Collins Natural Areas Program agrees to provide the following each year of this Grant Project: a. FCNA agrees to use funds provided by USFWS hereunder for purposes described in this Grant Agreement. b. FCNA will, when a teacher signs up for Tasty Slice of the Prairie Pie program (funded or un-funded by USFWS), offer the pre-trip classroom visit by USFWS Education Specialist and ferret (barring disease concerns - - the USFWS Education Specialist will alert FCNA staff when a live ferret cannot travel, but Specialist can still do a program), and contact USFWS Education Specialist if the teacher would like the visit. FCNA will provide teacher contact information to the Education Specialist. b. FCNA will schedule at least one (1) "Night Program" and "Nature and Culture Program" in Fort Collins Natural Areas Program & Activity Guide annually, and arrange meeting place for each program. c. FCNA will work with USFWS Education Specialist to decide how to offer the Cathy Fromme Prairie/other natural area field trip opportunity (e.g., competition for sponsorship, basis of need, etc.). FCNA will allow USFWS to provide input on selection of the City Master Naturalist to 3 August 11, 2009 market and assist with each trip. FCNA will arrange logistics such as providing funds to support bus for trip to teacher/schools and to pay the City Education Assistant. d. FCNA will administer evaluation of the cooperative programs provided to students, chaperones and teachers using an evaluation tool to be co- developed with Education Specialist. The evaluation results will be available to and are to be used by both Parties in planning and providing future programming. D: General Provisions 1. Third Party Beneficiaries. None of the terms or conditions in this Grant Agreement shall give or allow any claim, benefit, or right of action by,any other third person or entity not a party hereto. 2. No Partnership/Liability. The Parties acknowledge and agree that this Grant Agreement does not create a partnership between, or a joint venture of, USFWS and FCNA. Each party shall be responsible for its own negligent acts and omissions, including acts and omissions of such party's officers and employees. 3. BindingEffect.ffect. This Grant Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their respective successors and assigns. 4. Governing Law. This Grant Agreement shall be governed by and construed in 'accordance with the laws of the State of Colorado without giving effect to the principles of conflicts of laws. 5. Severability. In the event any term, covenant or condition of this Grant Agreement, or the application of such term covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants and conditions of this Grant Agreement shall not be affected thereby, but shall remain in force and effect unless a court holds that the invalid term, covenant or condition is not separable from all other terms, covenants and conditions of this Grant Agreement. 6. Force Majeure. Neither Party shall be liable to the other for any failure of performance under this Grant Agreement due to causes beyond its control, including, but not limited to: acts of God, fire, flood or other catastrophes, adverse weather conditions, material or facility shortages or unavailability not resulting from such Party's failure to timely place orders therefor, lack of transportation, the imposition of any governmental codes, ordinances, laws, rules, regulations or restrictions, national emergencies, insurrections, riots, wars, or strikes, lock-outs, work stoppages or other labor difficulties. 7. Waiver. No delay or omission by either Party to exercise any right or power occurring upon non-compliance or failure of performance by the other Party shall impair that right or power or be construed to be a waiver. A waiver by either Party of any of the 4 August 11, 2009 covenants, conditions or agreements to be performed by the other Party shall not be construed to be a general waiver. 8. Headings. The Section headings herein are for convenience of reference only, and. shall in no way define or limit the scope and content of this Grant Agreement or in any way affect its provisions. 9. Construction. Each party has reviewed and contributed to the preparation of this Grant Agreement, and therefore any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Grant Agreement. 10. Notices. Other than billing invoices which may be sent by first-class mail, whenever written notice is required or permitted to be given under this Grant Agreement by one party to the other, it shall be given effect by hand delivery, or by mailing the same by certified mail, return receipt requested, to the party to whom given. Notices shall be addressed as follows: USFWS: FCNA: Natural Areas Program Manager City of Fort Collins 1745 Hoffman Mill Road P.O. Box 580 Fort Collins, Colorado 80522 Either party hereto may at any time designate a different person or address for the purpose of receiving notice by so informing the other party in writing. Notice by certified mail shall be deemed given upon actual receipt thereof or three (3) days after being deposited in the United States Mail, whichever first occurs. 11. No Implied Representations. No representations, agreements, covenants, warranties, or certifications, express or implied, shall exist as between the parties, except as specifically set forth in this Grant Agreement. 12. Integrated Agreement and Amendments. This Grant Agreement is an integration of the entire understanding of the Parties with respect to the matters set forth herein. The Parties shall only amend this Grant Agreement in writing with the proper official signatures attached thereto. 13. Annual Appropriation. The obligations of the Parties hereunder after the current fiscal year as of the date of this Grant Agreement are subject to the annual appropriation of funds sufficient and intended for performance of those obligations. 5 August 11, 2009 14. Enforceability. The parties hereto recognize that there are legal constraints imposed upon them by the constitution, statutes, and rules and regulations of the State of Colorado and of the United States, and imposed upon them by their respective governing statutes, charters, ordinances, rules and regulations, and that, subject to such constraints, the parties intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, in no event shall either of the parties be obligated hereunder to exercise any power or take any action that is be prohibited by applicable law. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. IN WITNESS WHEREOF, the parties have hereunto placed their hand and seals this day of August, 2009. Pete Gober Darin Atteberry USFWS City Manager Date Date ATTEST: City Clerk APPROVED AS TO FORM: Deputy City Attorney i 6