HomeMy WebLinkAbout2019-035-03/19/2019-AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND POUDRE S RESOLUTION 2019-035
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND
POUDRE SCHOOL DISTRICT FOR THE NATURE IN THE CITY PROGRAM
WHEREAS; on March 24, 2015, the Council adopted the Nature in the City Strategic
Plan as an element of the City's Comprehensive Plan; and
WHEREAS, the Nature in the City Program's vision is to have a connected open space
network accessible to the entire community and provide a variety of experiences and functional
habitat for people,plants, and wildlife;and
WHEREAS, to help realize this vision, Nature in the City developed a capital project
program to implement small "on the ground" community projects; and
WHEREAS, coordinating with Poudre School District ("the District") to leverage these
program funds to create outdoor classrooms and experiential play spaces ("Leaming Habitats")
on District sites advances the level of services for educators and students alike, connects students
to nature, provides wildlife habitat and empowers them to learn and recreate at on-site nature
features; and
WHEREAS, Nature in the City has installed several Learning Habitats at District schools
in the past,each time renegotiating details of those agreements; and
WHEREAS, City Council finds that entering into an Intergovernmental Agreement
("IGA") with the District will create efficiencies and facilitate success for the City and the
District; and
WHEREAS, the City and the District have negotiated a proposed IGA, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, Article 11, Section 16 of the City Charter empowers the City Council; by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies;and
WHEREAS, the City Council has determined that entering into this IGA 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.
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Section 2. That the City Manager is hereby authorized to execute an agreement
substantially in the form of Exhibit "A", with such modifications and additional terms and
conditions consistent with this Resolution 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.
Passed and adopted on at a regular meeting of the Council of the City of Fort Collins this
19th day of March, A.D. 2019.
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EXHIBIT A
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Fort Collins
Nature in the City Memorandum of Agreement
1. Parties:This Memorandum of Agreement ("Agreement") is entered into and effective
2019 ("Effective Date"), and sets out the terms by which Poudre.
School District ("District")and The City of Fort Collins, by and through the Natural Areas
Department's Nature in the City program, ("NIC") (collectively, the "Parties" and
individually as a "Party")will collaborate to build outdoor educational program spaces
("Learning Habitats") in District schools providing engaging outdoor features that connect
students to nature, create functional micro-habitat for local wildlife, increase academic
achievement, and drive community engagement.
RECITALS
2. Purpose.of the.Aareement:The Nature in the City Program Vision is "A connected open
space network accessible to the entire community that provides a variety of experiences
and functional habitat for people, plants, and wildlife" ("Vision"). To help realize this
Vision, NIC developed a capital project program to implementsmall "on the ground"
community projects. Coordinating with the District to leverage these program funds to
create outdoor classrooms and experiential play spaces("Learning Habitats") on District
sites advances the level of service provided by the Parties for educators and students
alike, connecting students to nature, providing wildlife habitat and empowering them to
learn and recreate at on-site nature features.
Through this Agreement,the District agrees to provide The.City with,limited access to
identified schools on the terms and conditions described herein, in collaboration with
students and staff who choose to voluntarily participate during the design and
construction of the Learning Habitat and implementation of the City program.
Individual schools within the District that are interested in having NIC design,construct
and install Learning Habitats at certain District schools may apply for a Learning Habitat.
grant through the NIC selection process ("Schools")..
Accordingly,the Parties desire to collaborate so NICzan design, construct and install
Learning Habitats in the Schools (a "Project) on the terms set forth in thls Agreement.
Each awarded Project will follow a standard process developed by NIC (and subject to
change over time)to apply for a Project,awarding of funds to a Project,and coordination
on the design, construction, and maintenance of the Project; Once an individual school
Poudre School District and City of Fort Coilns, Nature in the City
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has applied for and been awarded a Learning Habitat grant, NIC will coordinate with
District Facilities to approve a site for the.Learning Habitat. NIC, District Facilities, and the
School's Principal will complete a Site.lteview&Sign Off process to formalize the
designated location for the Learning Habitat.A designated staff member at each school
("Team Lead")will be trained on the maintenance and troubleshooting for the Learning
Habitat, information also provided in the maintenance manual that will be provided to
the Team Lead after project completion.
In recognition of the Recitals set forth above,the Parties hereby express their mutual
goals and good faith intentions as follows:
3.Term.of.Agreement:The initial term of this Agreement is from the effective date set
forth above to December 31, 2019. After the initial term this Agreement may be
extended up to four times for additional one-year terms, not to exceed five (5)years total,
through the following process: if NIC-wishes to-extend the Agreement,then no less than
thirty (30) daysbefore:the end of the then-current term NIC will send the.Districtsa signed
extension agreement. If the District wishes to agree to such extension the District will sign
the extension agreement where indicated and return the fully-executed extension
agreement to NIC before the end of the then-current term.
4.Suspension or Termination of Protect:The Agreement may be suspended or
terminated by providing written notice as provided herein,in the following
circumstances:
a. Without cause, by either Party, upon 30 days written notice in the manner
described in paragraph 10(g).
b. By either Party for cause, or for a material default of the provisions of this
Agreement. In the event of a default the non-defaulting Party shall provide the
defaulting party written notice of the default and a thirty (30) day period to cure,
or to commence curing the default,if the default reasonably would take more
than thirty (30) days to cure.
c. By the District,immediately upon written notice if, in the sole discretion of the
District;the continuation of the Agreement presents a safety issue for District
students.
d. In the event of such suspension or termination during construction,the District
shall pay NIC a fair and reasonable amount for the completed portion of the
Project then in progress and interrupted by District's suspension or termination.
5'. Control and Authority:
Poudre School District and City of Fort Collins, Nature in the City
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a. The District retains complete control and authority over its employees a,nd agents,
completed Projects, and the use of District property.
b. Each Party shall appoint an employee to act as a project manager and to
communicate directly with the other Party("Project Manager"). The.Project
Managers are responsible for ensuring performance of the activities listed below.
Should either Party's Project Manager change at any point during the term of this
Agreement,a new'Project Managermust be named as soon as practicable and
notice of such appointment mustimmediatelybe provided to the other Party in
writing of the new contact.
6..Responsibilities of the District:.
a. The District agrees to provide NIC with access to awarded Project-Schools and
staff to facilitate construction of Projects, as well as prograrnmaticsupport for NIC.
b. Facilities:The District will allow NIC use of thoserselected Schools that have
applied for and received a Learning Habitats grant to facilitate the City Learning
Habitat initiative, and to access the Learning Habitat for establishment of the
feature'sinfrastructure.
c. Once the School's application has been accepted by NIC,the District.shail provide
signature sign-off on each individual School.site, providing work authorization
within specified work limits. NIC will provide each Site Review and Sign Off form
for signature by the School Principal, District.Project Manager,and District
Facilities Representative(s).
d. The District shall provide reasonable access and schedule requirements to
complete the design, construction, and installation of each Learning Habitat.The
District.shail evaluate, comment, and provide approval/denial on NIC's designs in a
prompt and efficient review process.The.Parties agree to work through a fair and
reasonable timeline for review of this process.
e. Media Release: NIC will coordinate with the District's Communication Director or
Communication Department designee on student media releases. Unless
otherwise directed, NIC will rely on District media release form(s) as an indication
of whether public use of student photos and video recordings are permissible for
use by NIC.
f. Marketing Requests:With the approval of the District's Communication Director
or Communication Department designee, NIC may issue periodic requests to
awarded Schools to conduct brief interviews and/or site visits for marketing
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purposes. These interviews and site visits are not mandatory and maybe declined
by a School or Communication Director.
g. Contributions: When applicable,the District Operations& Facilities Department
may provide ancillary services in creating a project-ready space on selected School
sites. This may include services rendered through capital improvement(s) or
additional District funding sources.
7. Responsibilities of the School:
a. The.District understands:Schools will be expected to agree to provide NIC with
access to identified schoolyard, parking, and staff,when applicable. Students will
be asked to participate in Learning Habitat activities sponsored by their School and
students,parents or guardians always have the right to decline.
b. Project Funding:While.not a prerequisite to be awarded a Learning Habitats grant,
schools may choose to fundraise a portion of the project cost to match Learning
Habitats grant funding. Funding will help realize each School's vision of the
Project.
c. Engagement. NIC encourages schools to be engaged in the visioning, design, and
even implementation of the Project,through supervised and coordinated
volunteer events..
d. Maintenance:The District and School will approve the final as-built condition of
each installation and NIC will provide a customized maintenance plan to guide the
School and District Facilities in maintaining the site. The School and District
Operations& Facilities Department are responsible for sustaining and maintaining
their Learning Habitat long-term as detailed in each School's Learning Habitat,
maintenance plan.
8. Responsibilities of The City—Proiect Management:
a. Learning Habitat Infrastructure: NIC will design, construct and assist in funding of
the.Learning Habitats at.awarded Schools. NIC will also provide general project
establishment for the Learning Habitat through the warranty period as outlined in
section S.c.
b. Selection of sub-consultants &sub-contractors:NIC shall provide the District,a list
of sub-consultants and sub-contractors to be engaged by NICto work on the
Project and shall promptly provide an updated copy of such list in the event of any
changes in sub-consultants and sub-contractors. Within 10 business days of
receiving such list,the District shall have the right.to reject, by written notice to
Poudre School District and City of Fort Collins, Nature in the City
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NIC, any of the sub-consultants and sub-contractors selected.by NIC: Upon
District's request, each sub-consultant and sub-contractor shall provide details-and
references for services rendered by them for projects similar to the awarded
School's Project. NIC will not contract with any contractor the District has.made
reasonable objection to working with on a Project. Additionally, NIC agrees to
ensure any sub-consultants and/or-sub-contractors will adhere to any District
requirements (e.g. background checks, insurance requirements, etc.) If NIC or its
contractors are unable to meet the District's requirements; NIC and the District
will work in good faith to find a solution that will allow such Project to continue.
Possible solutions include:
• The parties may agree on a different sub-contractor/sub-consultant;
• The parties may agree to modify the Project;
• NIC may choose to use one of the approved District contractors or
consultants.
If the parties cannot agree on a solution within sixty (60) days, NIC reserves the
right to cancel or postpone such Project.
c. Warranty: NIC will pass through all warranties offered by plant suppliers,and
offers limited warranty on all installations. NIC guarantees all plant material for
two years from planting to become well established. Any other installation,
components (e.g., seating, boulders,structures, etc.) are guaranteed to be free of
defects in workmanship or materials when installed and maintained properly, and
will be repaired or replaced within one year of installation. Items specifically not
covered by this warranty include vandalism, man-made or natural disasters, lack
of maintenance;proper irrigation, normal weathering or wear and tear due to
public abuse.
d. When the NIC selection committee completes prioritization of Projects for a
particular funding cycle, NIC will submit a list of any Schools tentatively selected
for a Learning Habitat for District approval to move forward in the design and
implementation of the Project.
e. Scope.ofServices:.NIC.providesthe.followingscopeofservicesforeachselected
School:
• NIC staff facilitation of the Project through a dedicated project manager
• A design of the Project-from a competent landscape designer or other
professional, as applicable, including construction plans
• The construction of the Project through a City-selected and District
approved contractor, including hardscape, plant material, irrigation,and
other project features
• Coordination with school staff on student planting days
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• NIC Interpretive signage
• Monitoring of the site for the warranty period, and repair and replacement
of warranted items within the Learning Habitat
f. Based on project scope, NIC.provides design, materials and labor for the
installation and completion of a Learning Habitat,with the understanding that
there are project budgets to meet and adhere to regarding removal and
replacement of site surfacing. The District and NIC may request to negotiate the
final design to fit the Project budget and constraints of each site. NIC has final
approval on variance from baseline product.
9. General-Provisions:
a, License:The District grants141C permission to use designated space for the
Learning Habitat ("Designated Areas")at participating schools for purposes of the
initiative. The use of Designated Areas shal['not interfere with the operations of
the District or other party in the Schools. Neither NIC, nor its volunteers,
employees, or agents, shall acquire a property interest or otherwise be entitled to
use any other portion of the Schools. Volunteers, employees and agents of NIC
shall be vetted by any applicable District volunteer process and/or background
checks, and will only access Designated Areas after theschool day at a given
school, or by:mutual agreement of the Parties.The District shall have the right to
close the Schools for routine maintenance and repairs or other reasonable
purposes. NIC shall not use or occupy the Schools, or cause or permit the Schools
to be used or occupied, for-any conduct or activity which violates any statutes,
ordinances, orders, regulations or rules of federal,state, county or municipal
authorities, or for any conduct or activity which the District, in its reasonable
discretion,deems inconsistentwith the operation of the Schools.The District shall
have the.right to eject from the schools-any person(s)whom the District, in its
reasonable discretion, believes is objectionable or represents a threat to the
School, District students, employees,guests or agents.
b. Amendments:Either party may request changes to this Agreement. Any changes,
modifications,revisions or amendments to this Agreement which. are mutually
agreed upon by and between the Parties to this Agreement shall be incorporated
by written instrument, and effective when executed and signed by all Parties to
this Agreement.
c. Entirety of Agreement: This Agreement represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations,
representations and agreements, whether written or oral.
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d. Severability: Should any portion of this Agreement be judicially determined to be
illegal or unenforceable,the remainder of the Agreement shall continue in full
force and effect, and either Party may renegotiate the terms affected by the
severance.
e.. Governing Law:This Agreementshell be governed by and construed in accordance
with the laws of the State of Colorado.
f. No Assignment: Except as otherwise provided herein, neither Party shall assign this
Agreement or its rights or duties hereunder without the express written consent of
the other Party.
g. Notice: Notices shall be in writing and delivered in person or by certified mail,
postage prepaid,to the District's Contract Administrator or to NIC, or such address
as specified by either Party in a notice under this paragraph. Notice shall be deemed
given at the time of personal delivery or five (5) days after the date of mailing if sent
by certified mail.
If to the City: If to the District:
City of Fort Collins PoudreSchool District
Natural Areas Program Contract Administrator
P.O. Boxi580 2407 LaPorte Avenue
Fort Collins CO 80522-0580 Fort Collins CO 80521
h. NoThird-Party Beneficiaries: Nothing inthis Agreement shall be construed to create
or extend any rights to any third parties as third-party beneficiaries.
I. Insurance:. Each Party hereto agrees to be responsible for its own wrongful or
negligent acts or omissions, or those of its officers, agents, or employees to the full
extent allowed by law. Liabilityof each party is at all times herein strictly limited and
controlled by the provisions of the Colorado Government Immunity Act, C.R.S. 44
24-10-101, et seq. as now or hereafter amended. Nothing in this Agreement.shall
be construed as a waiver of the protections of said Act. Each Party represents and
warrants it maintains comprehensive general liability insurance and all coverages
required by law sufficient for the purpose of carrying out the duties and obligations
arising under this Agreement. A Party will furnish the other Party a certificate
evidencing such insurance upon written request,
j. Independent Contractor: The Parties agree the City's relationship to the. District
shall be that of an independent contractor and not as an agent, employee, partner,
or joint venture and that the employees or agents of the City shall not be deemed
or construed to be employees of the District for any purposes whatsoever.
Poudre School District and City of Fort Collins, Nature in the City
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k. Appropriation Required. The financial obligations of the Parties under this
Agreement are from year to year only and shall not constitute a multiple-fiscal
year debt or other financial obligation or fiscal obligation of any kind payable in
any Fiscal Year beyond the Fiscal Year for which funds are so appropriated for the
payment of current expenditures.
I. Survival. The provisions of this Agreement that, by their sense and context, are
intended to survive performance by either or both parties also survive the
completion, expiration,termination or cancellation of this Agreement.,
10.Slanatures:
In witness whereof,the Parties to this Agreement through their duly authorized
representatives have executed this Agreement on the days and dates set out below, and
certify that they have read, understood,and agreed to the terms and conditions of this
Agreement as set forth herein.
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Poudre School District and City of Fort Collins, Nature in the.City
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The effective date of this Agreement is the date of the signature Iasi affixed to this page.
Signature/Title Date
Darin Atteberry, City Manager
City of Fort.Collins; Colorado,
Attest: Approved as;to'form:
City Clerk Assistant City Attorney
(Print name) (Print name)
g ture/Tttle; Poudre School District )
Signature/Title, Poudre.School District Date
.Poudre School District andCity of Fort Collins, Nature in the City
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