HomeMy WebLinkAbout509412 WARD ALTERNATIVE ENERGY LLC - INSURANCE CERTIFICATE (5)Nature in the City Grant Agreement 1
NATURE IN THE CITY CAPITAL PROJECT AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of _________, 2017, by and between
the CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City"), and SKYVIEW NORTH
HOME OWNERS ASSOCIATION (the "Grantee"), whose mailing address is The HOA, PO Box 270532, Fort
Collins, Colorado 80527.
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:
19 June
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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 project site: neighborhood open space within
Skyview North HOA.
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 up to two thousand five hundred
dollars ($2,500.00) in matching project funds. No project funds will be dispersed or reimbursed to the
Grantee for this project. 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 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 ______day of
____________, 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
19
June
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Cindy Leikam
970-689-3023
President of Skyview North HOA
skyviewnorthhoa@gmail.com
Assistant City Attorney
City Clerk
EXHIBIT A
NATURE IN THE CITY | 2017 EXTERNAL CAPITAL PROJECTS
SCOPE OF WORK
SKYVIEW NATURE AREA
MAY 23, 2017
PROEJCT OUTLINE
The Skyview North Nature Area – The Skyview North HOA will remove and treat 10-15
Russian olive trees located on the southwest corner of their nature area between the
months of July and August. Skyview HOA is responsible for overseeing the Russian
olive removal process (removal, stump treatment, and haul away) and ensuring any
permits are secured and all federal, state, Larimer County, and City of Fort Collins
regulatory standards are adhered to.
NIC Program – Nature in the City (NIC) staff members will design, secure plant
material, and coordinate the volunteer planting day of the native shrubs and trees in
the Skyview North nature area on October 7, 2017. NIC will fund portions of the
project as detailed below in the project budget.
Phase one: Russian olive removal and stump treatment (Skyview HOA, July-August
2017)
Phase two: Neighborhood planting day with NIC (NIC and Skyview HOA, October 7,
2017)
Maintenance: Skyview North will be required to provide routine maintenance to the
native plants and any regrowth of the Russian olives (Skyview HOA, continuous)
PROJECT TEAM ROLES
Allison Mitchell, City of Fort Collins will represent the point of contact for all aspects
of NIC involvement as well as oversee the native vegetation planting day on October
7th; Diane Wendt, City of Fort Collins will coordinate the service learning activities
occurring at the planting day; Crystal Strouse, City of Fort Collins will provide
expertise on native vegetation; Cindy Leikam, Skyview North HOA will oversee and
coordinate the Russian olive removal; and a Resource Management Crew Member,
City of Fort Collins will provide expertise on Russian olive removal methods and
safety requirements.
PROJECT BUDGET
Russian olive removal $480
o Herbicide ($80)
o Stump removal ($400*)
Signage $500
o Nature area entrance sign
o Nature in the City sign
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Planting $1,500**
o Native plants (shrubs)
o Trees
o Compost/soil
o Mulch
NIC CONTRIBUTION $2,500
SKYVIEW HOA CONTRIBUTION $2,500
PROJECT TOTAL $5,000
* Stump removal cost can change based on the removal method.
**Planting costs are a rough estimate and are subject to change based on availability,
species, and number of plants.
The Skyview North will purchase (or rent) all materials required for the Russian olive
removal, including herbicide and dumpster/truck; NIC will not purchase anything
related to the Russian olive removal portion of the project. NIC will purchase all
materials required for the project and planting day on October 7, 2017. It is expected
phase 1 and phase 2 costs will be similar and each party can pay for their respected
phase. Any remaining funds will be split evenly after the completion of the project
and a check will be reimbursed to Skyview North HOA.
All receipts and invoices for project expenses must be submitted to NIC project
manager, Allison Mitchell at amitchell@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, Allison Mitchell at
amitchell@fcgov.com.
Skyview North HOA agrees to maintain the NIC-funded components of the project
for at least five years after the date of planting in as good or better condition as the
date of planting. 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
Original Grant Application
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NIC Project Application
Response ID:62 Data
1. (untitled)
1. Name of Project
Skyview Park and Natural Area
2. Brief description of project (100 words max)
Improve wildlife habitat by removing Russian olive along the stream and pond. Non-chemical removal
methods are preferred when it's possible, however, we anticipate that the Russian olive stumps and cut
shoots will need to be treated with a chemical herbicide.
Build and install bat habitat boxes to provide additional nesting locations to native and migrating bat
species.
Improve the signage at the park entrance. New residents often cannot find the park due to lack of signage.
Some are hesitant to enter the park because the HOA easement access point looks like it is part of a private
driveway.
3. Point of Contact Information
Name
Cindy Leikam
Affiliation (Do you represent a business, neighborhood group, HOA, etc?)
Skyview North HOA
Address
6025 Venus Ave
Phone Number
970-308-6842
Email
skyviewnorthhoa@gmail.com
4. How did you hear about Nature in the City (check all that apply)?
Social Media
5. Nearest Street Intersection(s)
Neptune Dr and Milky Way or Skyway and College
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)
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
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9. Estimated cost of the project (including planning, design, materials and labor):
Unknown
10. Amount of funds available to match Nature in the City funding:
Amount in-hand or funding available from other partners: : To be decided by HOA board
In-kind funding (e.g. donated volunteer hours, professional :services, equipment or supplies, etc.) :
Approximately 200 volunteer hours pledged so far
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
Russian olive removal will occur in the spring of 2017. There are approximately 10-15 small to medium
trees that need to be removed. They will be removed by chainsaws, hand saws, and pruners. Stumps will
be treated with Round-Up or another similar product. The removal site will be revisited in the fall of 2017 to
cut and treat any regrowth. The site will be visited annually (fall preferred) to mitigate regrowth, or new
shoots. Annual visits will occur for 5 years, and then an assessment will be done to determine if further
mitigation is needed. We would partner with the students of the Natural Resource Department at Front
Range Community College for this project.
Bat Boxes will be built by boy scout troop #95, and they will help with installation. Boxes will be checked
every six months (early spring and late fall) for any maintenance needs and wasp nests. Removal will be
non-chemical. They will be cleaned and inspected in the fall so any repairs or maintenance can be
completed before the spring. HOA members will be responsible for regular maintenance checks.
Sign maintenance will also be conducted by the HOA on a regular basis.
13. Describe the source(s) and amount of dedicated ongoing maintenance funding
On-going funding for maintenance will come from the Skyview North HOA park budget. The amount has yet
to be determined, and may include partnerships and fundraisers.
14. Will there be public access to the project site, if applicable?
No
15. Who will this project serve (e.g. low income, minority groups, youth, seniors, etc.)?
This project will serve the residents of Skyview neighborhood, who are considered an underserved
population in Fort Collins. There is limited access to nature and recreation for Skyview residents, and our
HOA park is the only access to nature and recreation within a ten-minute walk. Urban wildlife will also
benefit from these projects.
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)
Approval is required from the Skyview North HOA board. A preliminary survey was conducted at the last
HOA meeting on November 9, 2016 and a majority were in favor of applying for this grant. If we are
approved for the grant, an official vote will be conducted among the board.
18. What outreach have you done in the neighborhood or community, and what was the feedback?
A survey was conducted in September and October of this year to determine neighborhood support for the
park, HOA, and park improvements. The over whelming majority of residents are in favor of keeping the
park as a community asset, improving the park and its amenities to the best of our ability, and volunteering
their time and resources to help the process.
19. What do you anticipate the challenges or barriers to be to successfully complete this project?
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The biggest challenge I see is securing enough funding to accomplish all our goals for the park and natural
area. Our HOA has a little bit of money, but not much. Another barrier may be city or county rules and
regulations that I am not aware of.
20. Please describe any additional details that will help us assess the project
Our 10-acre park was identified in city studies to be a wildlife hotspot and major corridor, and also identified
as underserved with limited access. There are many other projects that need to be done in our natural
area, and I think its unique ecological features make it a great candidate for a variety of projects. These
range from aquatic restoration of the pond and riparian zone, plant and animal surveys/inventories, and
bridge and trail upgrades to improve accessibility for senior and mobility challenged residents.
I planned on including a map of the park and plans, but of course my scanner decided to stop working
today.
21. Attachments (up to 4 files)
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