HomeMy WebLinkAboutTHE KITCHEN COMMUNITY - CONTRACT - AGREEMENT MISC - THE KITCHEN COMMUNITYNature in the City Grant Agreement 1
NATURE IN THE CITY CAPITAL PROJECT AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of June, 2017 by and between the CITY
OF FORT COLLINS, COLORADO, a municipal corporation (the "City"), and THE KITCHEN COMMUNITY (the
"Grantee"), whose address is 1980 8th Street, Boulder, Colorado.
RECITALS
A. It is in the best interests of the City, Larimer County, and the State of Colorado to pursue
conservation efforts that protect and enhance wildlife habitat, recognizing there is nationwide
attention regarding the impact local and regional environmental efforts can have on furthering
environmental and economic health of communities, and
B. It is the objective of the City of Fort Collins to conserve the natural environment for its wildlife
habitat value as a service to the people of Fort Collins; and
C. The City Plan policies adopted by the Fort Collins City Council include Open Lands Policy OL-1 .2,
Urban Development, to encourage and assist efforts by private landowners and organizations to
protect, restore or enhance privately owned natural areas within the City's Growth Management
Area; and
D. The mission of the Natural Areas Department is to protect and enhance lands with existing or
potential natural values in furtherance of the Open Lands Policy and the City Strategic Plan,
including Environmental Health strategy 4.8, to expand, improve, restore and protect wildlife
habitat, urban forests and the ecosystems of the Poudre River and urban ecosystems, and
E. On March 25, 2015, City Council adopted Resolution 2015-039 approving the Nature in the City (NIC)
Strategic Plan, to be administered by the Natural Areas Department in partnership with the Planning
Services division of Community Development & Neighborhood Services (CDNS), with the goal of
investing in community enhancement of natural spaces, and
F. In November 2015, City voters approved a ballot measure to fund the NIC capital project program as
a component of the Community Capital Improvement Program (CCIP), and
G. In 2016, City Council appropriated funds to provide staff capacity and program funding through the
Keep Fort Collins Great sales tax to implement the NIC Strategic Plan, including a localized
community grant program, and
H. NIC developed the NIC Grant program to incentivize private property owners to collaborate and
coordinate with City to identify, establish, and recover community natural spaces, and
I. NIC staff has selected Grantee’s proposed project, as described in further detail in Exhibits “A” and
“C” attached hereto, for funding in accordance with the NIC Grant program’s guidelines and the
CCIP capital project funding restrictions.
NOW, THEREFORE, in consideration of their mutual promises contained herein, the parties agree as
follows:
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Nature in the City Grant Agreement 2
1. Grantee shall install the project and use the funds provided under this Agreement in
accordance with the NIC Grant program capital project proposal scope of work (“Scope”), attached as
Exhibit "A" and incorporated by this reference, at the following location (Project site):
Bacon Elementary School, 5844 S Timberline Rd, Fort Collins, CO 80528
2. Grantee shall provide long-term maintenance of the project and maintain the project
site in as good or better condition than it exists as of the date of installation and in compliance with the
project maintenance plan as described in Exhibits A and B.
3. Any modification of the performance of this project from that indicated in the Scope,
must be submitted for and receive prior written approval by the City, at the sole discretion of the City.
4. For installation of this project, Grantee shall receive nineteen thousand eight hundred
sixteen dollars and forty three cents ($19,816.43). Project funds may be distributed as a lump sum or as
a reimbursement, at the City’s sole discretion. Funding arrangements will be detailed within the project
Scope. All funds shall be expended by Grantee by June 1, 2018.
5. Grantee shall provide the City with a written evaluation and fiscal report, including
copies of receipts for expenditures of funds, results achieved, community impact, and goals for long-
term maintenance of the project no later than June 15, 2018. A template for this report is attached as
Exhibit B and incorporated by this reference.
6. Grantee shall acknowledge receipt of City support by displaying a sign approved and
provided by the City at the Project site, and include the following statement on all project promotional
materials:
THIS PROJECT IS SUPPORTED BY FUNDING FROM THE CITY OF FORT COLLINS
NATURE IN THE CITY PROGRAM, A COMPONENT OF THE COMMUNITY CAPITAL
IMPROVEMENT PROGRAM APPROVED BY CITY VOTERS IN NOVEMBER 2015
Grantee agrees to allow the City to monitor the Project site through citizen science and other research
endeavors that support the NIC program, and to allow the City to feature the project and associated
proposal (images, videos, etc.) in public outreach, marketing and educational materials. The City will
contact Grantee for permission prior to accessing the Project site.
7. If at any time within five (5) years after completion of the project, Grantee plans to
remove or change the condition or design of the Project site, Grantee shall request review by the City at
least fourteen (14) days in advanced of such activity. City will respond in writing within fifteen (15)
business day with approval or denial of the request. If the City determines, in its sole discretion, the
removal or change materially reduces the natural space conservation value or accessibility of the Project
site or conflicts with the NIC Grant guidelines, Grantee may be required to repay all or a portion of the
project funds. Repayment shall be made within thirty (30) days of the City’s written request. No
repayment of project funds will be required upon project removal or significant change occurring five
years or later after project completion; however, the City reserves the right to request removal of any
designation of affiliation between the project and the NIC program.
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Nature in the City Grant Agreement 3
8. Grantee agrees to make all records pertaining to activities carried out under this
Agreement available to the City for audit upon request for at least three years following the fulfillment
of this Agreement.
9. If any provision of this Agreement is not met in the manner and time specified by
Grantee, Grantee will be in breach and the City may terminate the Agreement. Upon such termination,
Grantee will return to the City all funds paid in accordance with this Agreement within thirty (30) days
following receipt of the written request from the City to do so.
10. This Agreement is not assignable without prior written consent of the City.
11. Grantee hereby represents and warrants it is the owner of, or if not the owner, has the
permission of the owner of, the Project site upon which the proposed activities will take place, and
further represents and warrants it is fully authorized to undertake the activities set forth in Exhibit A.
12. The term of this Agreement shall be from the date of signature until the fifth
anniversary of that signature date, unless terminated earlier, and except for all maintenance obligations
of Grantee which shall survive until the expiration of those obligations, as set forth in Exhibit A.
13. At all times during the term or performance of this Agreement, Grantee shall comply
with all applicable federal, state and local laws, rules and regulations that have been or may hereafter
be established. This requirement includes, but is not limited to the City of Fort Collins and/or Larimer
County Land Use and Building Codes.
14. The signatories aver that to their knowledge no City employee has a personal or
beneficial interest whatsoever in the services or property described herein.
15. Grantee shall indemnify, save and hold harmless the City, its officers, employees, and
agents, against any and all claims, damages, liability, and court awards including costs, expenses, and
attorney fees incurred as a result of any act or omission by Grantee, its employees, agents,
subcontractors, or assignees pursuant to the terms of this Agreement.
16. Grantee, if an individual, must
i. produce either a valid Colorado driver's license or a Colorado identification card;
a U.S. military card or military dependent's identification card; a U.S. Coast Guard
merchant mariner card; or a Native An1erican tribal document; and
ii. execute an affidavit stating he or she is a U.S. citizen or legal permanent
resident or he or she is otherwise lawfully present in the U.S. pursuant to federal law.
17. Grantee represents and agrees that:
i. As of the date of this Agreement:
1. Grantee does not knowingly employ or contract with an illegal alien;
and
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Nature in the City Grant Agreement 4
2. Grantee has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, I 04th Congress, as
amended, and expanded in Public Law 156, 108th Congress, as amended,
administered by the United States Department of Homeland Security (the "Basic
Pilot Program") in order to verify confirm the employment eligibility of all newly
hired employees that Grantee does not employ any illegal aliens.
ii. Grantee shall not knowingly employ or contract with an illegal alien to perform
works under this Agreement or knowingly enter into a contract with a subcontractor
that fails to certify to Grantee that the subcontractor shall not knowingly employs or
contracts with an illegal alien to perform work under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 26th day of
June, 2017.
CITY OF FORT COLLINS, COLORADO:
By:
Gerry Paul, Director of Purchasing
ATTEST:
Approved as to form:
GRANTEE:
By:
Print Name:
Title:
(if applicable)
Email
Phone
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Kristin@thekitchencommunity.org
Kristin Kirkpatrick
970-231-2308
Regional Director - Colorado
Assistant City Attorney
Chief Deputy City Clerk
EXHIBIT A
NATURE IN THE CITY | 2017 EXTERNAL CAPITAL PROJECTS
SCOPE OF WORK
Bacon Elementary Kitchen Community Garden
June 26, 2017
The Kitchen Community will design, oversee construction and installation of a
Learning Garden/pollinator garden at Bacon Elementary School in conjunction with
Nature in the City, under Poudre School District’s guidance as needed and approval
by Facilities. A Learning Garden is a school garden outdoor classroom specifically
designed for each school. The project will include:
• (12) raised garden beds
• Art pole
• (5) seating boulders
• (6) benches
• Organic soil
• Concrete surfacing
• Removing or altering existing irrigation where new concrete will be installed
• Prepping soil for pollinator garden and installing irrigation
The Kitchen Community is contracting with Kiefer Concrete and Waterwise Land &
Waterscapes to complete the construction by June 30, 2017. When the students
return in the fall, we will have a student installation day of the Learning Garden and
pollinator garden. That will include:
• Installing 8 CY of organic soil into planter beds
• Planting pollinator garden (plants sourced and provided by NIC as outlined in
plan or similar)
• Planting Learning Garden with seeds and seedlings (based on TKC program)
PROJECT TEAM ROLES
Susan Schafer, City of Fort Collins will oversee pollinator garden installation; Sydney
Karpowich, The Kitchen Community, will oversee construction and design of the
Learning Garden; Jerry Garretson, Poudre School District, will oversee installation of
both elements of the garden from the perspective of the District.
PROJECT BUDGET
Grant funds will be distributed to Grantee in the form of an advanced lump sum for
$19,816.43. This amount does not include pollinator plants for the pollinator buffer
that will be paid for directly by NIC, through Waterwise or directly.
Maintenance: TKC holds a 2 year warranty on all product. TKC will provide soil top
offs when necessary and seeds and seedlings on an annual basis for the Learning
Garden.
NIC CONTRIBUTION PROJECT TOTAL $19,816.43 + plant material
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Project funds will be distributed for the project via check payable to The Kitchen
Community, excepting the invoices that have already been paid for personally as of
the date of this agreement, which will be reimbursed. Funding of plant material for
the pollinator buffer and NIC signage will be paid for directly by NIC.
All receipts and invoices for project expenses must be submitted to NIC project
manager, Sue Schafer at sschafer@fcgov.com on or before June 1, 2018 as required in
the NIC project agreement.
Any changes in project costs that deviate more than $500 over the amount listed in
this budget require prior approval from NIC project manager, Sue Schafer at
sschafer@fcgov.com. Redistribution of funds among existing line items is permitted
as long as: 1. no new line items are added; 2. there is no net change to the grant
amount.
Poudre School District agrees to maintain the NIC-funded components of the project
per the terms of this agreement. Any significant change or removal of NIC-funded
portions of this project must be approved in writing by the City as described in
paragraph 7 of this agreement.
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EXHIBIT B
NATURE IN THE CITY
2017 Capital Project Fund: Fiscal Report and Project Evaluation
Each applicant that successfully receives funding from NIC must submit a fiscal
report and project evaluation to document how NIC project funds were spent
according to the Scope of Work, assess project success and community impact,
and provide feedback for future years. The report must be electronically
submitted to the NIC project manager tasked with this project by June 15th, 2018.
Please utilize the format below, and contact us with any questions or feedback.
NIC Funding Documentation
Please provide documentation of how all NIC project funds were spent. Please
provide a line-item budget (preferably in Microsoft Excel format) with all actual
costs of NIC funded project components. Please also attach (preferably in pdf
format) all receipts showing proof of payment for materials, labor, and services for
NIC funded project components.
Project Success
In 1-3 paragraphs, please describe the overall success of your project. Discuss,
being specific as possible, how the implemented project has furthered NIC’s goals
of providing additional connectivity to nature for both wildlife and Fort Collins
residents, maintaining and restoring wildlife habitats within the urban portions of
the community, and shifting landscapes to more diverse forms.
Testimonials
Please provide 1-3 testimonials from project or community partners documenting
the impact of the project. What did NIC funding enable you to achieve that you
would not have been able to otherwise?
Self-Evaluation
Did you achieve or exceed objectives outlined in your application? What are your
key lessons learned from the project? Are there any aspects of the project that
you would have done differently? Is there anything else you learned that you
would like to share?
NIC Program Evaluation
What feedback do you have for NIC to improve next year? Are there changes in
process, support, or implementation that could improve other projects in the
future? Are there additional resources you wish you would have had going
through the process?
Performance Metrics
Please provide any performance metrics you have gathered or observed after the
project implementation. Examples of performance metrics could include
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quantitative metrics, such as number of visitors to the project site, change in
number of wildlife species observed, or participation in programming provided at
the site. Metrics can also be qualitative, such as the change in a site’s aesthetics ,
user’s perception of the value of the site for connecting to nature, etc.
Long Term Maintenance Plan
In 1-3 paragraphs, discuss your plans for long term maintenance of the project site
and if you anticipate any challenges to long term maintenance of the project.
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EXHIBIT C
Grant Application
1. (untitled)
1. Name of Project
Bacon Elementary School Learning Garden/Pollinator Garden
2. Brief description of project (100 words max)
Enhancement at Bacon Elementary School to build a pollinator and Learning Garden to connect kids to
nature and real food.
3. Point of Contact Information
Name
Casey Peitz
Affiliation (Do you represent a business, neighborhood group, HOA, etc?)
Bacon Elementary-3rd Grade Teacher
Address
5844 South Timberline Road Fort Collins, CO 80528
Phone Number
970-488-5327
Email
cpeitz@psdschools.org
4. How did you hear about Nature in the City (check all that apply)?
Other - Write In: District Email
5. Nearest Street Intersection(s)
Timberline & Zephyr
6. Is the project location within the Growth Management Area of the City of Fort Collins? Use FC Maps to
find your location.
Yes
7. Type of project (check all that apply):
Wildlife habitat protection/restoration (converting landscapes to native species, wildlife habitat restoration,
pollinator plantings, bat and bee boxes boxes, etc.)
Improve neighborhood access to nature (trails to connect existing nature to neighborhood, bridges over
ditches, private property issues, etc)
Neighborhood Nature Project (projects on a neighborhood scale to plant pollinator gardens in front/back
yards, replace existing exterior lighting with night sky friendly lighting, neighborhood-wide community
garden, etc.)
Converting landscaping to more diverse forms (converting traditional landscaping dominated by turfgrass
to a more native landscape)
Educational Project (a project that is located at a school or has education as a primary goal)
8. Which of the Nature in the City program goals does this project further (check all that apply)?
(View the NIC Strategic Plan Executive Summary)
Easy Access to Nature
High Quality Natural Spaces
Land Stewardship & Supporting Native Landscapes
9. Estimated cost of the project (including planning, design, materials and labor):
$50,000
10. Amount of funds available to match Nature in the City funding:
Amount in-hand or funding available from other partners: : 0
Amount to fundraise for if project is chosen: : 5,000
In-kind funding (e.g. donated volunteer hours, professional :services, equipment or supplies, etc.) : 15,000
11. Is this proposal linked to a NIC funded project from past years?
No
If yes, which project:
12. Describe the plan for long-term maintenance of any improvements installed in partnership with NIC
The Kitchen Community and Poudre School District collaborate to maintain garden spaces on PSD
grounds. The Kitchen Community Learning Gardens are designed to be virtually maintenance-free to
ensure their success and longevity as a lasting addition to the infrastructure on a school site. PSD Facilities
and The Kitchen Community's Garden Education Team both serve as boots-on-the-ground resources to
ensure the maintenance and aesthetic appeal of our Learning Gardens within PSD.
13. Describe the source(s) and amount of dedicated ongoing maintenance funding
Both The Kitchen Community and Poudre School District have resources dedicated to the maintenance of
school sites including dedicated annual maintenance budgets and dedicated staff to ensure the success of
this project. The Kitchen Community has installed more than 310 Learning Gardens across the United
States, including six (6) in PSD. We are confident in our ability to work with our District and School partners
to ensure a well-maintained garden.
14. Will there be public access to the project site, if applicable?
Yes
15. Who will this project serve (e.g. low income, minority groups, youth, seniors, etc.)?
Bacon's School Learning Garden/Pollinator Garden will predominately serve youth, Pre-K through 5th
grade. Approximately 20% of Bacon's student population qualifies for free and reduced lunch, so there will
be a low income population that is served by our school garden. Also, Bacon is an Autism Magnet school.
We have one, high-needs autism classroom, as well as several other students with autism who are main
streamed into our general education classrooms. In addition, Bacon is in the heart of a thriving Fort Collins
Neighborhood, so the garden will serve the community as well.
16. Can the project reasonably be completed by the end of 2017?
Yes
If no, explain:
17. Describe any approvals necessary to complete the project (e.g. approval from HOA, neighborhood
association, City of Fort Collins, or other entities)
The Learning Garden will be designed by The Kitchen Community's Landscape Architect in conjunction
with PSD facilities. PSD Facilities and the Principal of Bacon Elementary School will both sign off on the
site selection to ensure that it's aligned with any growth plans for the school.
18. What outreach have you done in the neighborhood or community, and what was the feedback?
Bacon Elementary School has formed a garden committee and has done some targeted outreach to the
school community. The response has been overwhelmingly positive. The additional access to nature and
the opportunity to have an outdoor classroom are highly desirable to parents, teachers, and students alike.
19. What do you anticipate the challenges or barriers to be to successfully complete this project?
We feel very confident in our ability to install a high quality Learning Garden and pollinator garden on time
and on budget. We have installed six Learning Gardens in PSD over the last two years and have enjoyed a
positive relationship with PSD that alleviates many potential challenges.
20. Please describe any additional details that will help us assess the project
There are two components to The Kitchen Community's Learning Garden: 1) Installation of the Edible
Garden and Pollinator Garden; 2) Subsequent support for Garden-based education. Garden-Based
education comes in the form of 1:1 support, individualize garden plans, training on curriculum, and support
through four seasonally-specific workshops. These efforts are all designed to empower teachers to use the
Learning Gardens for experiential learning and to provide students with regular access to nature and real
food.
21. Attachments (up to 4 files)
Learning+Garden+Impact+Levels.pdf
TKC_Build+Process.pdf
What+is+a+Learning+Garden.pdf
Program+Theory+1-Pager.pdf
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DocuSign Envelope ID: 383A5B1A-2388-4F5A-A516-3D9FB4CA1CFC