HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 91781741
NEIGHBORHOOD CONNECTIONS GRANT AGREEMENT
THIS NEIGHBORHOOD CONNECTIONS GRANT AGREEMENT (“Agreement”), effective
as of 14th day of December, 2017 (the “Effective Date”), by and between the City of Fort
Collins, a Colorado municipal corporation (the “City”), and Create Places, Inc., a Colorado
nonprofit corporation (“Recipient”).
WHEREAS, on December 15, 2017, Andrew Schneider, on behalf of Recipient,
submitted an application to the City for financial assistance as part of the City’s Neighborhood
Connections program; and
WHEREAS, the Neighborhood Connections program is designed to provide funding to
support connections between neighbors and to encourage discussion around neighborhood
priorities, while facilitating improved contact between City staff and neighborhood connectors;
and
WHEREAS, Recipient’s proposed use of the funding includes creating a community
website, sending informative newsletters to the community, producing community events,
launching a wayfinding campaign, and conducting general neighborhood outreach; and
WHEREAS, Recipient’s request includes meetings of neighborhood stakeholders and the
development of enhanced neighborhood communication tools in alignment with the
Neighborhood Connections program objectives, and aligns with programmatic goals of
improving connections among residents, stakeholders and the City; and
WHEREAS, City staff has determined funding Recipient’s project is in furtherance of the
City’s Neighborhood Connections program; and
WHEREAS, the parties desire to formalize their agreement to fund Recipient’s project as
further set forth herein.
NOW THEREFORE, the undersigned parties hereto agree as follows:
1. Statement of Objectives. Digital engagement of North Fort residents encouraging in-
person participation in North Fort programming and community gatherings; residents are
informed about the events and attend; create excitement and ease of navigation at event,
encourage repeat attendance; create low-cost ease of access to cultural and natural
resources following expressed community recommendations; all of which align with
multiple City objectives which include: cohesive, distinct, vibrant, safe, and attractive
neighborhoods, as well as promoting a more inclusive and equitable community that
embraces and celebrates diversity.
2. Deliverables. Recipient agrees to undertake the work in accordance with the Statement of
Deliverables attached hereto as Exhibit “A”, consisting of three (3) pages (the “Project”),
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and incorporated herein by this reference. Irrespective of references in Exhibit A to
certain named third parties, Recipient shall be solely responsible for performance of all
duties hereunder. Recipient agrees to complete the work in compliance with the financial
limits established by the project budgets set forth in Exhibit A.
3. Funding.
a. City shall pay Recipient Twenty Two Thousand Four Hundred Forty Dollars
($22,440.00) in a single lump sum payment to develop and execute the Project,
subject to Recipient’s completion of the work required herein to the City’s
satisfaction. Recipient shall apply the funds received from the City under this
Agreement in furtherance of the work set forth in Exhibit A. Two Thousand Forty
Four Dollars ($2,244.00) shall be held by the City as contingency (the
“Contigency”). Recipient may request payment of a portion or all of the
Contingency for costs in excess of those set forth in Exhibit A. Such request must
be submitted in writing and shall specifically state the reasons for the request and
include supporting documentation. Payment of any or all of the Contingency
shall be in the discretion of the City, and all such requests shall be reviewed and
approved or denied by the City. In no event shall the City’s funding obligation to
Recipient under this Agreement exceed Twenty Four Thousand Six Hundred
Eighty Four Dollars ($24,684.00).
b. In the event the City determines any funds were expended by Recipient for
unauthorized or ineligible purposes – or the expenditures constitute disallowed
costs in any other way – the City may order repayment of the same. Recipient
shall remit the disallowed amount to the City within thirty (30) days of written
notification of the disallowance.
c. The Recipient agrees that funds determined by the City to be surplus upon
completion of the Project will be subject to cancellation by the City. The City
shall be relieved of any obligation for payments if funds allocated to the City
cease to be available for any cause other than misfeasance of the City itself. The
City reserves the right to withhold payments pending timely delivery of program
reports or documents as maybe required under this Agreement. The City reserves
the right to withhold payments if Recipient fails to obtain necessary permits to
undertake work identified in Exhibit A.
d. Any funds distributed to Recipient not necessary to carry out the Project shall be
returned to the City within thirty (30) days of completion of the Project.
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Recipient shall provide the City will copies of receipts for all Recipient’s
expenditures using City funds by December 1, 2018.
4. Reporting. Commencing thirty (30) days after the effective date of this Agreement and
every thirty (30) days thereafter, Recipient shall provide the City with a written report of
the status of the work with respect to the Statement of Deliverables, the Project Budget,
and other material information. Failure to provide the monthly report may, at the option
of the City, suspend the processing of funding payments. Within thirty (30) days of
completion of the Project, Recipient shall provide the City a written report documenting
accomplishments, results achieved, community impact, areas for
improvement/deficiencies, and monetary and other benefits, including jobs created if
applicable. The City will prescribe the format for all reports.
5. Term. This Agreement shall commence on the Effective Date and shall continue in full
force and effect until December 1, 2018, unless sooner terminated as herein provided.
Notwithstanding other provisions of this Agreement, the terms of this Agreement shall
cover the period that Recipient has control over City funds.
6. Early Termination. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of
termination to Recipient. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the
parties.
7. Close-Out. Upon termination of this Agreement, in whole or in part for any reason
including completion of the Project, the following shall apply:
a. Recipient shall submit within thirty (30) days after the date of expiration of this
Agreement, all financial, performance and other reports required by this
Agreement, and if requested by the City, will cooperate in a program audit by the
City or its designee.
b. Recipient shall return to the City any funding not otherwise expended or
committed, along with a full accounting of all expenditures and commitments.
Recipient shall return said funding with the accounting no later than thirty (30)
days after the termination date.
8. Failure to Perform. In the event of a failure by Recipient to comply, with any terms or
conditions of this Agreement or to provide in any manner the activities or other
performance as agreed herein, the City reserves the right to temporarily withhold all or
any part of payment pending correction of the deficiency, suspend all or any part of the
Agreement, or prohibit the Recipient from incurring additional obligations of funds until
the City is satisfied that corrective action has been taken or completed. The option to
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withhold funds is in addition to, and not in lieu of, the City’s right to terminate as
provided in Section 6 of the Agreement.
9. Notice. Any notice given under this Agreement will be in writing and will be deemed
given (a) when delivered personally; (b) three (3) days after having been sent by
registered or certified mail, return receipt requested, postage prepaid; or (c) two (2) days
after deposit with a commercial overnight carrier with confirmed verification of receipt.
All communications will be sent to the addresses set forth below or to such other address
as may be designated by a party in writing pursuant to this Section:
City: Recipient:
Fort Collins Neighborhood Services
ATTN: Emily Allen
Senior City Planner
P.O. Box 580
Fort Collins, CO 80522
With copy to:
City Attorney’s Office
P.O. Box 580
Fort Collins, CO 80522
Create Places, Inc.
ATTN: Andrew Schneider
P.O. Box 2151
Fort Collins, CO 80522
10. Subject to Annual Appropriation. To the extent this Agreement or any provision in it
constitutes a multiple fiscal year debt or financial obligation of the City, it shall be
subject to annual appropriation by City Council as required in Article V, Section 8(b) of
the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado
Constitution. The City shall have no obligation to continue this Agreement in any fiscal
year for which no such supporting appropriation has been made.
11. Use of Name. Neither party obtains by this Agreement any right, title, or interest in, or
any right to reproduce or to use for any purpose, the name, tradenames, trade- or service
marks, or logos (the “Marks”), or the copyrights of the other party. Neither party will
include the name of the other party or of any employee of that party in any advertising,
sales promotion, or other publicity matter without the prior written approval of that other
party.
12. Warranty. Recipient warrants that all deliverables provided under this Agreement shall be
provided substantially in accordance with the Statement of Deliverables.
13. Compliance with Applicable Law. Recipient warrants and agrees that it shall undertake
all work required herein in accordance with all applicable federal, state and local laws,
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rules and regulations. If the Project involves a specific site or location, the Recipient
shall obtain all appropriate permissions to use said site or location.
14. City Representative. Prior to commencement of the work, the City will designate its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the Project. Any questions or requests shall be
directed to the City’s representative.
15. Audit. The City reserves the right to audit Recipient’s compliance with this Agreement
and use of the funds provided by the City. Recipient agrees to make all records
pertaining to activities undertaken under this Agreement available to the City for audit
upon request for a minimum of three (3) years following the completion of the Project.
16. Independent Contractor. The work performed by Recipient is that of an independent
contractor and not of an employee of the City of Fort Collins.
17. Assignment. Recipient shall neither assign any responsibilities or delegate any duties
arising hereunder without the prior written consent of the City.
18. Subcontractors. Recipient may subcontract the work set forth in Exhibit A only with the
prior written consent of the City, which shall not be unreasonably withheld. If any of the
work is subcontracted hereunder (with the consent of the City), then the following
provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an
established record of successful performance in its respective trade performing identical
or substantially similar work; (b) the subcontractor will be required to comply with all
applicable terms of this Agreement; (c) the subcontract will not create any contractual
relationship between any such subcontractor and the City, nor will it obligate the City to
pay or see to the payment of any subcontractor; and (d) the work of the subcontractor will
be subject to inspection by the City to the same extent as the work of the Recipient.
19. Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Recipient represents and
agrees that:
a. As of the date of this Agreement:
i. Recipient does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
ii. Recipient will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156,
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108th Congress, as amended, administered by the United States
Department of Homeland Security (the “e-Verify Program”) or the
Department Program (the “Department Program”), an employment
verification program established pursuant to Section 8-17.5-102(5)(c)
C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Recipient shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform
work under this Agreement.
c. Recipient is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Recipient obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Recipient
shall:
i. Notify such subcontractor and the City within three days that Recipient
has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
ii. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien; except that
Recipient shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
e. Recipient shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Recipient violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Recipient shall be liable for actual
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and consequential damages to the City arising out of Recipient’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Recipient violates this
provision of this Agreement and the City terminates the Agreement for such
breach.
20. Non-discrimination. All programs assisted with funding through the City must be made
available without discrimination based on race, color, national origin, age, sex, sexual
orientation, religion, familial status or disability. Funds provided under this Agreement
must not be used for religious activities, to promote religious interests, or for the benefit
of a religious organization, except incidentally to the public purpose provided by the
activities funded.
21. Resolution of Disputes. The parties agree that if any of the terms herein are subject to
questions of intent or interpretation or if the parties identify other issues not addressed in
this Agreement, they will enter into good faith negotiations to resolve any such issues.
Resolution of any such issues will be confirmed by a written amendment to this
Agreement.
22. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
23. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision
of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
24. No Pecuniary Gain. The signatories maintain that, to the best of their knowledge, no City
employee has a personal or financial interest whatsoever in the service or property
described herein. While there may be City employees that work with the Recipient, no
such employees are parties hereto or will receive payment through the receipt of the grant
funds provided hereunder.
25. Indemnification. The Recipient 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
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omission by the Recipient, its employees, subcontractors, agents, or assignees arising
from their performance under this Agreement or arising from the Project.
26. Public Records. The City is subject to the Colorado Open Records Act, C.R.S. §§ 24-72-
200.1, et seq. (“CORA”). Thus, documents and other materials received by the City and
its employees under this Agreement from the Recipient may be subject to public
disclosure unless they fall within an exception under CORA. The City will deny the right
of inspection of records which the City believes are considered under the Act to be trade
secrets, privileged information, and confidential commercial and financial data, any of
which Recipient must clearly indicate at the time it is provided to the City. Upon
receiving an official open records request, the City will promptly notify the Recipient and
as needed, seek legal guidance from the City Attorney’s Office.
27. Authority. If the Recipient is a corporation or other entity, the person signing this
Agreement on behalf of the Recipient hereby affirms that he or she has authority to act on
behalf of the Recipient and to bind the Recipient to the terms of this Agreement.
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Darin A. Atteberry, City Manager
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
_________________________________
Name
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
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12/14/2017
Delynn Coldiron
9
________________________________
Name
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Ryan Malarky
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CREATE PLACES, INC.
By: __________________________________
Title: _______________________________
Date: _______________________________
ATTEST:
_________________________________
Corporate Secretary
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12/14/2017
President, Create Places
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EXHIBIT A
Statement of Deliverables
I. NorthFort.net Website/Blog Development
a. Desired Outcome: Digital engagement of North Fort residents encouraging in-
person participation in North Fort programming and community gatherings.
b. Evaluation Tools: Live attendance at, and community engagement with, project
events; number of email list subscriptions.
c. Activities:
Activity
Name
Start Date End Date Manager Output Permits
Required?
Award
Amount
Design and
functionality
of website
Dec. 1, 2017 Dec. 30, 2017 Andrew
Schneider
Attractive and
informative
website
created
No $3,880.00
Blog posting Jan. 31, 2018 Dec. 1, 2018 Andrew
Schneider
Forty (40)
impactful
blog posts
created
No $3,120.00
Content
creation
Jan. 31, 2018 Dec. 1, 2018 Andrew
Schneider
Social media
alerts, reports,
meeting
agendas and
minutes
created and
uploaded
No $1,000.00
Total: $8,000.00
II. Direct Mailing of Launch Event Invitations
a. Desired Outcome: Residents are informed about the events and attend.
b. Evaluation Tools: Target attendance of one hundred and fifty (150) individuals.
c. Activities:
Activity
Name
Start Date End Date Manager Output Permits
Required?
Award
Amount
Design January 2018 February
2018
Andrew
Schneider
Impactful
2
III. Direct Mailing of 2018 Calendar Events Postcard (or similar)
a. Desired Outcome: Residents are informed about the events and attend.
b. Evaluation Tools: Target audience of one hundred and fifty (150) per event.
c. Activities:
Activity
Name
Start Date End Date Manager Output Permits
Required?
Award
Amount
Design January 2018 February
2018
Andrew
Schneider
Impactful
design of
postcard or
similar notice
No $180.00
Printing February
2018
March 2018 Andrew
Schneider
Ten thousand
(10,000)
postcards or
similar
notices
printed
No $810.00
Mailing April 2018 April 2018 Andrew
Schneider
Ten thousand
(10,000)
postcards or
similar
notices
delivered
No $2,530.00
Total: $3,520.00
IV. Procurement of Neighborhood Event Materials
a. Desired Outcome: Create excitement and ease of navigation at event; encourage
repeat attendance.
b. Evaluation Tools: Target audience of 150 people.
c. Activities:
Activity
Name
Start Date End Date Manager Output Permits
Required?
Award
Amount
Info Banners April 2018 September
2018
Andrew
Schneider
Impactful
banners
No $250.00
2018 Event
3
V. Pop-up Wayfinding Campaign
a. Desired Outcome: Create low-cost ease of access to cultural and natural
resources following expressed community recommendations
b. Evaluation Tools: Feedback at community meetings including Create Places
steering committee and Bike Fort Collins steering group
c. Activities:
Activity
Name
Start Date End Date Manager Output Permits
Required?
Award
Amount
Manufacture
customized
signage
February
2018
March 2018 Andrew
Schneider
Manufacturing
of
approximately
one hundred
(100) signs
Yes $2,100.00
Planning and
installation
labor
March 2018 April 2018 Andrew
Schneider
One hundred
(100) signs
installed in
strategic
locations
Yes $2,900.00
Total: $5,000.00
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Handouts
April 2018 September
2018
Andrew
Schneider
Handouts
printed and
distributed
No $250.00
Branded Tent April 2018 September
2018
Andrew
Schneider
Gathering
place and info
distribution
hub created
No $1,425.00
Outdoor event
equipment
and materials
April 2018 September
2018
Andrew
Schneider
Navigation
and
functionality
of the event
runs smoothly
No $475.00
Total: $2,400.00
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postcard
design
No $180.00
Printing February
2018
March 2018 Andrew
Schneider
Ten thousand
(10,000)
postcards
printed
No $810.00
Mailing March 2018 March 2018 Andrew
Schneider
Ten thousand
(10,000)
postcards
delivered
No $2,530.00
Total: $3,520.00
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