HomeMy WebLinkAboutBIG GREEN - CONTRACT - AGREEMENT MISC - BIG GREEN (2)Nature in the City Grant Agreement 1
NATURE IN THE CITY CAPITAL PROJECT AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of June, 2018, by and between the CITY
OF FORT COLLINS, COLORADO, a municipal corporation (the "City"), and BIG GREEN (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 Exhibit “A”
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 locations (Project sites):
1) Tavelli Elementary – 1118 Miramont Drive, Fort Collins, CO 80524
2) Lincoln Junior High IB World School – 1600 Lancer Drive, Fort Collins, CO 80521
3) O’dea Elementary School – 312 Princeton Road, Fort Collins, CO 80525
4) Laurel Elementary School – 1000 Locust Street, Fort Collins, CO 80524
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 seventy thousand dollars
($70,000.00). 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, 2019.
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, 2019. 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 provided and
approved by the City at the Project site locations, 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 locations 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, 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
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Nature in the City Grant Agreement 3
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.
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:
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Nature in the City Grant Agreement 4
1. Grantee does not knowingly employ or contract with an illegal alien;
and
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 25th day of June,
2018.
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
DocuSign Envelope ID: 71417A3E-A078-4287-891C-6894C0290D74
Kristin Kirkpatrick
Regional Director for Colorado
970-231-2308
kkirkpatrick@biggreen.org
Assistant City Attorney ll
City Clerk
EXHIBIT A
NATURE IN THE CITY | 2018 COMMUNITY CAPITAL PROJECTS
SCOPE OF WORK
Big Green Learning Gardens
June 25, 2018
Big Green will design, oversee construction and installation of Learning Gardens at Tavelli, O’dea, and
Laurel Elementary schools, and Lincoln Junior High, in conjunction with Nature in the City under Poudre
School District’s guidance as needed and set by Facilities. A Learning Garden is a school garden outdoor
classroom specifically designed for each school. The project will include for each of the four schools:
• (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
Big Green will hire and oversee appropriate contractors to complete the construction by approximately
June 30, 2018. When students return in the Fall, a student planting day at the Learning Garden sites.
That event typically includes:
• Installing 8 CY of organic soil into planter beds
• Planting pollinator garden
• Planting Learning Garden with seeds and seedlings (based on Big Green program)
PROJECT TEAM ROLES
Big Green staff will implement all design, construction, coordination with Poudre School District,
securing matching funds for Nature in the City funding, and will provide all due diligence appropriate for
this grant. Nature in the City will provide 50% of the funding required to build the four learning gardens
and will provide future opportunities for schools with Learning Gardens to continue improving their sites
with Nature in the City community projects.
PROJECT BUDGET
Grant funds will be distributed to Grantee in the form of an advanced lump sum for $70,000. These
funds will fund 50% of each of the Learning Gardens in this agreement ($17,500 per garden x four
Gardens).
As reference, a typical budget for a Learning Garden consists of:
Standard Learning Garden: $35,000
• Product and shipping: 12 gardens beds, six benches, one art pole, boulders, irrigation, and a
storage container for tools = $16,000
• Soil, seeds and seedlings: $1,000
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• Labor (for district-approved contractor) = $18,000
This budget does not include future programmatic support, provided in an ongoing basis by Big Green,
nor does it include staff time or indirect expenses.
Phase 1: Design and collect project costs from contractors – Spring 2018
Phase 2: Demolition and construction of Learning Gardens – May – June 2018
Phase 3: Student planting day – September 2018
Maintenance: Big Green holds a 2 year warranty on all products. Big Green will provide soil top offs
when necessary and seeds and seedlings on an annual basis for the Learning Garden.
NIC CONTRIBUTION PROJECT TOTAL $70,000
Project funds will be distributed for the project via check payable to Big Green. Funding and installation
of NIC signage will be paid for directly by NIC.
All receipts and invoices for project expenses must be submitted to NIC project manager, Justin Scharton
at jscharton@fcgov.com on or before June 15, 2019 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 Program Manager, Justin Scharton at jscharton@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.
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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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