HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/16/2010 - ITEMS RELATING TO THE FC BIKES PROGRAM DATE: February 16, 2010 AGENDA ITEM SUMMARY
STAFF: Kathleen Bracke _
T COLLINS CITY COUNCIL
D.K. Kemp
Items Relating to the FC Bikes Program.
A. Resolution 2010-008 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the State of
Colorado Department of Transportation for the Purpose of Supporting the City's Fc Bikes Program for the
Fiscal Year 2010-2011 Funding Period Utilizing Congestion Mitigation and Air Quality Funds.
B. First Reading of Ordinance No. 012, 2010,Appropriating Unanticipated Grant Revenue in the Transportation
Services Fund to Be Used for the 2010-2011 Fort Collins Bikes Program.
EXECUTIVE SUMMARY
The City of Fort Collins' FC Bikes Program has been awarded Congestion Mitigation & Air Quality (CMAQ) grant
funding from the North Front Range Metropolitan Planning Organization and Colorado Department of Transportation.
Using these FY2010-11 federal funds, the City's FC Bikes Program takes a comprehensive approach to building the
City's bicycle program. The refinement and expansion of the FC Bikes Program includes improving community
outreach and operational practices to increase bicycling while integrating safety components in a comprehensive
manner throughout all of the programmatic activities. Expansion elements include adding new events, campaigns,
programs, and a regional coordination component to improve safety and to increase the number of people bicycling
throughout the community as well as commuting to and from Fort Collins and neighboring communities.
BACKGROUND / DISCUSSION
The City's FC Bikes Program continues to be a regional leader regarding encouraging, educating, and planning for
bicycling as a safe and attractive means of transportation.
The City of Fort Collins and the local bicycling community have accelerated the growth of the local bicycle culture. In
2009, The U.S. Census Bureau published the results of the 2008 American Community Survey which reported that
bicycle commuters within the City of Fort Collins account for 7.4%of the overall commuting population, an increase
from 5.2% in 2006. This is a relatively high percentage when compared to the national percentage (1%).
In 2008, the League of American Bicyclists officially designated the Fort Collins community as a"Gold Level Bicycle
Friendly Community". The community's national recognition as a bicycle friendly community continues to promote
bicycling within the City while also promoting Fort Collins regionally and nationally as a great community to live,work,
visit, and play.
It is the community's goal to successfully implement the 2008 Bicycle Plan and obtain the "Platinum Level Bicycle
Friendly Community" designation with the League of American Bicyclists within the next three years.
The FC Bikes work plan is designed to address recommendations provided by the League of American Bicyclists in
order to attain the Platinum designation as well as the goals of the City's Bicycle Plan.
All of the recent accomplishments,statistics,and accolades are proof thatthe Fort Collins community has made a solid
commitment to promote,educate,and plan for bicycling as away of life. By increasing and expanding encouragement,
education efforts,safety programs,engineering and planning,partnerships,and collaboration with our neighbors,Fort
Collins is successfully building a sustainable culture of bicycling. These combined elements lead to getting more
people bicycling daily and keeping them bicycling throughout their life for many different travel purposes.
The purpose of this agenda item is to authorize the City to enter into the contract with the Colorado Department of
Transportation in order to receive the federal funds for implementing the City's FC Bikes Program for the 2010-11
funding cycle. These federal funds will be used to staff and operate the FC Bikes Program through implementation
February 16 2010 -2- ITEM 13
of the services and projects outlined in the attached Scope of Work. This Scope has been reviewed and approved
by the Colorado Department of Transportation in accordance with the Congestion Mitigation & Air Quality funding
program requirements.
The City of Fort Collins' Bicycle Coordinator position is one of the most important elements of the FC Bikes Program.
This position serves as an ombudsman to the bicycle community and is the City's FC Bikes Program Manager for the
Transportation Planning Division.The position provides public awareness,encouragement,and comprehensive bicycle
safety education regarding improvements and implementation of the City's Bicycle Plan for cyclists of all ages and
abilities. The City's Bicycle Coordinator assists in coordinating activities and information among the various bicycle
interests in the community. The Bicycle Coordinator creates and sustains innovative partnerships to develop
community partnerships and to secure funding mechanisms for accomplishing Program goals. The position provides
a point of contact to increase public knowledge and awareness of facilities, programs, and educational opportunities
for bicyclists. Specific on going duties are listed below:
• Assist Transportation Planning Division with the implementation of the new 2008 Bicycle Plan including the
development of new programs & projects (education, encouragement, safety).
• Maintain the City's FC Bikes program webpage.
• Research, develop, and pursue funding sources, including state/federal grants and local sponsors for future
bicycle programs and events.
• Remain a contact point and an ombudsman for the City of Fort Collins regarding all bicycling related issues,
both internally within the City organization and externally to the Fort Collins community and regional and
statewide partners such as the North Front Range Metropolitan Planning Organization,Colorado Department
of Transportation, and Bicycle Colorado.
• Reply to citizen questions, complaints and/or concerns and act as a point of contact for issues related to City
bicycle improvements.
• Coordinate and cooperate with local bicycle advocacy groups to assist them in planning, developing, and
implementing special bicycle education events and encouragement activities. All events and activities are
designed to incorporate important safety messages.
• Conduct bicycle-related presentations for Poudre School District classes and staff, service organizations,
Colorado State University classes, and other agencies.
• Serve as a member of the UniverCity Connections'Transit and Mobility Committee
• Administer the Found &Abandoned Bike Community Service with partnering organizations.
• Serve as Project Manager of the Fort Collins Bike Library.
• Serve as Chairperson for the Colorado State University Campus Bicycle Advisory Committee.
• Serve as member of the newly formed Bicycle Pedestrian and Education Coalition (BPEC).
• Serve as member of the newly formed Northern Colorado Cycling Events(NCCE). The NCCE is a coalition
of organizations that conduct competitive bike events. .
• Staff co-liaison to the Bicycle Advisory Committee,which is a sub-committee to the City Transportation Board.
• Manage Core Support Services for cyclists:
o Accident and close call reporting(used fortracking trends and obtaining specific accident information
o Bike trail and bike lane information, including closures and detour routes
Develop and distribute an electronic newsletter "Momentum," providing the latest information on
commuting, bike events, and other bicycle-related information
o Free online bicycle registry to report lost or stolen bicycles .
o Bicycle hazard reporting mechanism
Snow route removal priority map specific to bicycling
o Promote and attend the BLT(Bike Lunch Talk), a monthly venue for bicyclists to express concerns
and discuss local bicycling issues
o Oversee the development, implementation, and support for the new Bicycle Advisory Committee.
• Develop and implement year round encouragement and education events. Education goes hand-in-hand with
encouragement to increase cycling; together they improve skills and raise safety awareness. Safety is
considered an important element that is integrated into all education and encouragement efforts to promote
bicycling. Examples of annual program activities include:
o Spring Campaign—"Roll into Spring"—March-May:These events are created to attract and educate
new bicyclists. Potential events include: Resources for Bicycling in Fort Collins, League of American
Bicyclists' Traffic Skills 101 Courses, Bike to School Day, CSU bicycle events, and Bike Education
Clinic for Kids.
o Summer Campaign — "Bike Week"- May-July: In cooperation with the CDOT annual Bike to Work
Day, Bike Week is a focused program of culturally rich bicycle events to inspire residents to bike.
February 16, 2010 -3- ITEM 13
Potential events include:Commuter Kickoff, Bike Pedal vs.Gas Pedal Challenge, Local Bike Awards
Night; Bike to Work Day, Afternoon Group Rides, League of American Bicyclists' Traffic Skills 101
courses, Downtown Bike Show; Bike n'Jazz, FC Bike Quest, and Bike Camp for children 8-12 years
old.
o Fall Campaign — "Safe, Sensible, and Steady" - September— November: Safe transportation to
school for students of all ages is the foremost objective. Sensible transportation promotes
economical,environmental(airquality),and healthy means of transportation,such as walking, biking,
and riding the bus. Steady transportation means developing a routine for bicycling on a regular basis.
Potential events and programs: Coordination with on going Safe Routes to School Program and
events;Annual Safety Fair,CSU campus education and encouragement events,Walk or Bike a Child
to School Day,Take a Kid Mountain Biking Day,and League of American Bicyclists'Traffic Skills 101
Courses.
o Winter Events — "Bike Winter Fort Collins" November - January: These events are designed to
support and encourage commuting by bicycle during the winter months. Potential events and
programs: Winter Bicyclist Support—Information dissemination on bicycle resources such as snow
route removal map, bike hazard reporting, and winter riding tips, Winter Bike to Work Day, and
League of American Bicyclists'Traffic Skills 101 Courses.
• Develop and implement public encouragement and education campaigns. The FC Bikes Program strives to
create and maintain an overall atmosphere for safe and friendly bicycling in Fort Collins. Several campaigns
will be expanded and implemented that target concerns such as educating motorists on the impact of their
vehicles on the environment and bicyclists,the education and encouragementof bicyclists to ride respectfully,
and to obey safety laws. Below are descriptions of these campaigns:
0 Coexist Campaign -The Coexist campaign educates drivers to become more aware of bicycles on
the road while also educating bicyclists on the importance of riding respectfully. FC Bikes is striving
to bridge the relationship gap between drivers and riders by promoting mutual patience, courtesy,
awareness, and respect.
o Neighborhood Bike Coordinator Campaign—This campaign enables residents to become the bike
coordinator in their own neighborhoods by offering bicycle advice and education,supplies,educational
materials, and basic bike maintenance.
o "This Could Be You"Campaign—New marketing campaign to encourage and educate new bicyclists
in Fort Collins. This campaign will visually familiarize Fort Collins residents with how to Bike to School
with children as well as use bicycles for utilitarian purposes.
o B.I.K.E. Camp (Bikes Improve Kids Experiences) - B.I.K.E. Camp, a week long, educational bike
camp for children 8-12 years old, teaches children the basics of bicycling in a recreational setting.
B.I.K.E.camp addresses fundamentals of road rules,bicycling etiquette,and bike maintenance. Four
B.I.K.E. Camp sessions are planned for 2010 which will impact 150-200 children.
• Conduct regional bicycle coordination in order to create a bicycle friendly region. Utilizing best practices and
a collaborative approach with neighboring communities, FC Bikes will coordinate a comprehensive approach
to encourage and educate bicyclists and motorists while offering technical resources and marketing materials
to neighboring cities and towns within the North Front Range Metropolitan Planning Organization boundaries.
The following events and programs will be conducted over 2010 &2011:
Overall regional bicycle planning and intercommunity coordination of special events, such as Bike to
Work Day and Bike to School Day.
o Produce a "North Front Range Bicycle Summit Series" to share ideas, educate neighboring
communities on bicycle topics, and to promote best practices regarding encouragement and
education at a regional level. (4 summits — spring/summer and fall 2010 and spring/fall 2011).
Summit series events will feature presentations from experts in the field of bicycle transportation,
clinics on various dimensions of bicycling, including effective encouragement and safety education
event marketing,Safe Routes to School,planning techniques,public relations and media techniques,
and measuring program effectiveness and evaluation (gathering data).
o Provide neighboring communities bicycle community assessment reports and provide consultation
with respect to the bicycle friendly community application with the League of American Bicyclists.
o Inspire development and growth of local bicycle groups in neighboring communities.
o Co-coordinate regional Safe Routes to School programs and events.
Expedite and encourage regional communications regarding intercommunity bicycle transportation
and recreation.
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• Improve end-of-trip facilities(bike parking). FC Bikes seeks to leverage programmatic funds with other City
departments and partnering organizations such as the Downtown Development Authority to install additional
quality bike parking facilities.
FINANCIAL IMPACT
This Ordinance appropriates the$300,000 in Federal Congestion Mitigation &Air Quality(CMAQ)funds awarded to
the City for the FC Bikes Program for 2010 and 2011. This CMAQ funding provides 82.79%of the Program budget.
The 2010 and 2011 local matching funds required for this project have previously been approved through the City's
Budgeting for Outcomes process. This funding allows the FC Bikes Program to implement the aforementioned
services for the Fort Collins and regional community.
Project Costs for 2010 and 2011:
PROJECTED EXPENDITURES 2010-2011
FC Bikes Coordinator Salary/Benefits/Professional Training $130,000
Special Even and Campaign Production, marketing and Planning efforts, $140,000
internships - FC Bikes local program
Regional Bicycle Coordination Marketing and Planning efforts $65,000
Regional summit organization/promotion/marketing
Expansion of Coexist campaign to neighboring communities
Bicycle Community Assessment materials
Bike Parking facilities $40,000
TOTAL PROJECTED EXPENDITURES (2010-2011) $375,000
2010 Budget 2011 Budget
CMAQ Grant $150,000 $150,000
(82.79%)
City of Fort Collins $38,000 $37,000
(17.21%)
TOTALS $188,000 $187,000
Note: Total CMAQ funds for 2010 and 2011 are $300,000.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Bicycling contributes highly to the City's overall goals of sustainability. The FC Bikes Program encourages and
educates residents,students,commuters,and visitors about the benefits of bicycling. The FC Bikes Program partners
and collaborates with other City programs and City Council adopted plans, such as the Sustainability Action Plan,
Climate Plan,and ClimateWise Program. Specifically, FC Bikes helps by reducing greenhouse gas(GHG)emissions
(carbon dioxide and methane) and mitigates traffic congestion.
FC Bikes helps to strengthen the economic role that bicycling plays within the community. Fort Collins is promoted
as a city in which to relocate a family or business. A healthy bicycle culture acts as a tool for the City and major
employers within the city to encourage people to move and/or visit Fort Collins. There is a growing population of
Americans who want to live in a community where there are sensible transportation options with which to enjoy city
February 16, 2010 -5- ITEM 13
amenities and services. Fort Collins lends itself to this type of bicycle culture and FC Bikes promotes a vibrant lifestyle
for Fort Collins residents. The FC Bikes Program produces year-round bicycle encouragement and education events
in collaboration with City partners that represent three sectors: public, private, and non-profit. FC Bikes collaborates
with bicycle shops and bicycle gear and service oriented businesses which provide substantial sales tax revenue for
Fort Collins. Additionally, FC Bikes partners with local bicycle related manufacturers that produce bicycle products
on a national level.
The FC Bikes Program recognizes the social impact of bicycle safety and bicycle education as integral components
of a comprehensive bike program. 2008 and 2009 were challenging years for the bicycle community as the community
witnessed several tragic bicycle/motorist crashes. Safety is imperative to creating a healthy environment and the FC
Bikes Program is responding by offering a variety of outreach efforts to address bicyclists,motorists,and pedestrians.
Efforts include hands-on instruction based upon the League of American Bicyclists'Bicycle Safety curriculum(BikeEd
program), broad-based educational messaging through the Coexist campaign, and the integration and planning of
safety considerations as they relate to engineering,enforcement,environment,community,economy,education,and
encouragement.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BOARD/ COMMISSION RECOMMENDATION
At its February 8,2010 meeting,the Bicycle Advisory Committee heard an informational presentation on the FC Bikes
Program. No vote was taken concerning this grant.
PUBLIC OUTREACH
The FC Bikes Program receives public input on a regular basis through public presentations, e-mails, open house
events,and phone calls. FC Bikes works to integrate citizens'comments and suggestions into everyday operations.
ATTACHMENTS
1. CDOT Contract documents & Scope of Work
2. Feedback from the League of American Bicyclists
3. Letter from City Manager(Going for Platinum)
4. Support letter from Bike Fort Collins
5. Letters of Support from CMAQ grant application
6. Meeting notes from February 8, 2010 Bicycle Advisory Committee meeting
ATTACHMENT I
CNIS: 10-HTD-10928/SAP PO#:291000778
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
CONGESTION MITIGATION AND AIR QUALITY AGREEMENT
with
CITY OF FORT COLLINS
TABLE OF CONTENTS
1. PARTIES.............................................................................................................................................................................. 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY................................................................................................. 1
3. RECITALS........................................................................................................................................................................... 1
4. DEFINITIONS.....................................................................................................................................................................2
5.TERM and EARLY TERMINATION.................................................................................................................................3
6. SCOPE OF WORK..............................................................................................................................................................4
7.PAYMENTS........................................................................................................................................................................4
8. BILLING:REIMBURSEMENT AND ALLOWABLE COSTS.........................................................................................5
9. REPORTING-NOTIFICATION-PROGRAM MONITORING...........................................................................................6
10.RECORDS .........................................................................................................................................................................8
11.CONFIDENTIAL INFORMATION-STATE RECORDS.................................................................................................8
12.CONFLICTS OF INTEREST............................................................................................................................................9
13.BREACH............................................................................................................................................................................9
14.REMEDIES........................................................................................................................................................................9
15.NOTICE and REPRESENTATIVES............................................................................................................................... 10
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM.............................................................................................. 11
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE........................................................................ 11
18. GENERAL PROVISIONS............................................................................................................................................... 12
19. SPECIAL PROVISIONS................................................................................................................................................. 15
20. SIGNATURE PAGE........................................................................................................................................................ 17
EXHIBITA-SCOPE OF WORK........................................................................................................................................... 18
EXHIBIT B-OPTION LETTER[SAMPLE OPTION LETTER].....................................::...................................................23
EXHIBITC-BILLING FORM...............................................................................................................................................24
1. PARTIES
THIS Agreement is entered into by and between the Colorado Department of Transportation(hereinafter
called"CDOT OR THE STATE"), and the City of Fort Collins(hereinafter called"City of Fort Collins Or
Local Agency"),a public entity within the STATE OF COLORADO,for the FC Bikes project.
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee(hereinafter called the"Effective Date"),but shall be effective and enforceable
thereafter in accordance with its provisions. CDOT shall not be liable to pay or reimburse CITY OF FORT
COLLINS for any performance hereunder, including,but not limited to costs or expenses incurred, or be
bound by any provision hereof prior to the Effective Date.
3. RECITALS
A.Authority,Appropriation,And Approval
Authority to enter into this Agreement exists in C.R.S.43-1-106,43-1-110;43-1-116,43-1-117,43-2-
101(4)(c), and funds have been budgeted, appropriated and otherwise made available, and a sufficient
unencumbered balance thereof remains available for payment. Required approvals,clearance and
coordination have been accomplished from and with appropriate agencies.
GIL Account:4518000011 Company Code: 1000 1 CO Area: 1000 Functional Area: 1456
WBS Element: 17586.15.01 Fund:400 1 Funds Center:DT510-010 Vendor Number:2000023
Catalog Federal Domestic Assistance Number(CFDA)20.205 1 Contract Amount Total:$375,000
Federal Amount Total:$300,000 Local Amount Total:$62,362.60 1 Local Overmatch:$12,637.40
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B. Consideration
Local Agency
Having been awarded this Project under the current Transportation Improvement Plan(TIP) for the North
Front Range Transportation&Air Quality Planning Council (MPO),the City of Fort Collins desires to
enter into an agreement with CDOT to develop, implement and monitor its Congestion Mitigation and Air
Quality program for their Carbon Monoxide Nonattainment Area(s) as a control measure under the State
Implementation Plan(SIP) to be financed by the use of Congestion Mitigation and Air Quality funds in
accordance with FHWA and State policies.
CDOT
CDOT desires to enter into this Agreement for such Services from CITY OF FORT COLLINS by
obtaining federal financial assistance for congestion mitigation and air quality programs through FHWA,
provided that such projects are sponsored by the Metropolitan Planning Organization (MPO) in accordance
with the terms and conditions contained in this Agreement in accordance with applicable federal laws and
regulations.
C.Purpose
An appropriation was made to CDOT for Congestion Mitigation and Air Quality(CMAQ)funds that have
been budgeted by City of Fort Collins as a member of the North Front Range Transportation& Air Quality
Planning Council(MPO) ("NFR") MPO, who is responsible for the Continuing,Comprehensive, and
Cooperative QC)Urban Transportation Planning Process throughout the CITY OF FORT COLLINS MPO
area. Additionally, in conjunction with CDOT, the MPO has responsibility for approving and implementing
certain control measures on highway projects in compliance with the SIP and the 1990 Clean Air Act
Amendments.
D.References
All references in this Agreement to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections,exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A.Agreement or Contract
"Agreement" or"Contract" means this Agreement its terms and conditions, attached exhibits,documents
incorporated by reference under the terms of this Agreement, and any future modifying agreements,
exhibits, attachments or references incorporated pursuant to Colorado State Fiscal Rules and Policies.
B.Agreement Funds
"Agreement Funds"means funds payable by CDOT to CITY OF FORT COLLINS pursuant to this
Agreement.
C.Budget
"Budget" means the budget for the Work described in Exhibit A.
D.Evaluation
"Evaluation" means the process of examining CITY OF FORT COLLINS's Work and rating based on
criteria established in §6 and Exhibit A.
E.Exhibits and other Attachments
The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A(Scope of
Work), Exhibit B (Option Letter),Exhibit C (CMAQ Billing Form).
F. Goods
"Goods" means tangible material acquired,produced, or delivered by CITY OF FORT COLLINS either
separately or in conjunction with the Services CITY OF FORT COLLINS renders hereunder.
G.Party and Parties
"Party" means CDOT or CITY OF FORT COLLINS and "Parties" means both CDOT and CITY OF
FORT COLLINS.
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H.Program Period
Means the period for which the Work listed in Exhibit A is performed, which is from the Effective Date
through the duration of the Agreement.
I. Services
"Services" means the required services to be performed by CITY OF FORT COLLINS pursuant to this
Agreement.
J. Subcontractor
"Subcontractor" means third-parties, if any,engaged by CITY OF FORT COLLINS to aid in performance
of its obligations.
K.Work
"Work" means the tasks and activities CITY OF FORT COLLINS is required to perform to fulfill its
obligations under this Agreement and Exhibit A, including the performance of the Services and delivery of
the Goods.
L. Work Product
"Work Product" means the tangible or intangible results of CITY OF FORT COLLINS's Work, including,
but not limited to, software,research, reports, studies, data,photographs, negatives or other finished or
unfinished documents, drawings, models, surveys, maps, materials, or Work Product of any type, including
drafts.
5. TERM and EARLY TERMINATION
A.Term-Work Commencement
The Parties respective performances under this Agreement shall commence on the Effective Date. This
Agreement shall terminate two years after the Effective Date unless sooner terminated,completed,or
further extended as specified elsewhere herein.
B.CDOT OPTION LETTER
i. Option to Extend
CDOT may require continued performance for a period of three months at the same rates and same terms
specified in the Agreement. If CDOT exercises this option, it shall provide written notice to CITY OF
FORT COLLINS at least 30 days prior to the end of the current Agreement term in a form substantially
equivalent to Exhibit B. If exercised, the provisions of the Option Letter shall become part of and be
incorporated into this Agreement. The total duration of this Agreement, including the exercise of any
options under this clause, shall not exceed the term listed in Section 5(a) unless otherwise amended.
ii.Option to Increase or Decrease Quantities and Total Price
CDOT may increase or decrease the quantity of goods/services described in section/schedule/exhibit
based upon the rates established in the Contract. If CDOT exercises the option, it will provide written
notice to CITY OF FORT COLLINS as least 30 days prior to the end of the current contract term in a
form substantially equivalent to Exhibit B. Delivery/performance of the goods/service shall continue at
the same rates and terms. If exercised,the provisions of the Option Letter shall become part of and be
incorporated into the original contract.
iii.Options for Phased Performance
The State may require CITY OF FORT COLLINS to begin performance on the next contact phase as
outlined in the Statement of Work in Exhibit A and at the same terms and same conditions stated in the
contract. If the State exercises this option, it will provide written notice to CITY OF FORT COLLINS at
least 30 days prior to the end of the current phase in a form substantially equivalent to Exhibit B. If
exercised, the provisions of the Option Letter shall become part of and be incorporated into the original
contract.
iv.CDOT Two Month Extension
CDOT, at its sole discretion upon written notice to CITY OF FORT COLLINS as provided in§15,may
unilaterally extend the term of this Agreement for a period not to exceed two months if the Parties are
negotiating a replacement Agreement(and not merely seeking a term extension) at or near the end of any
initial term or any extension thereof.The provisions of this Agreement in effect when such notice is
given, including, but not limited to prices,rates,and delivery requirements, shall remain in effect during
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the two-month extension.The two month extension shall immediately terminate when and if a
replacement Agreement is approved and signed by the Colorado State Controller.
6. SCOPE OF WORK
A.Work
Per 23 C.F.R.420.111, CITY OF FORT COLLINS shall complete the Work and other obligations as
described herein and Exhibit A.Work performed prior to the Effective Date or after the Termination Date
shall not be considered part of the Work. The Scope shall include an estimation of anticipated benefits
from each program submitted, a Budget,the activity purpose, objectives, major tasks, timeline of expected
completion, and an Evaluation process to determine the success of each activity stated in the Scope.
B.Notice
CITY OF FORT COLLINS shall not commence Work to be completed in the Scope until the date specified
by a written notice, which may be electronic, and shall complete the Work within the period specified in
the Agreement unless the period or terms thereof are extended according to this Agreement. In addition,
CITY OF FORT COLLINS shall be responsible for:
1.) The initial design and implementation of its congestion mitigation and air quality program as
outlined in the current TIP;
2.) Monitoring and Evaluating the program effectiveness;
3.) The promotion of congestion mitigation and air quality program(s)by employers;
4.) Submittal of an annnual report to CDOT; and,
5.) Submitting annual results to CDOT through the CMAQ Reporter.
C.Personnel
CITY OF FORT COLLINS shall take all reasonable steps to carry out all activities described and identified
in the Scope of Work. CITY OF FORT COLLINS shall be responsible to select staff/consultant Services in
compliance with all applicable federal procurement requirements including 23 CFR 172 and 49 CFR Part
'18. Any Request for Proposal (RFP)used by CITY OF FORT COLLINS to secure consultant Services
must be reviewed by CDOT before CITY OF FORT COLLINS releases the RFP. CDOT shall have 15
calendar days from the date of receiving the RFP in which to return comments. Responses to CDOT's
comments will be provided by CITY OF FORT COLLINS within 15 calendar days of receipt of the
comments. CITY OF FORT COLLINS shall notify CDOT before executing any contract for consultant
Services which utilizes program funding.
D.Goods and Services
CITY OF FORT COLLINS shall procure Goods and Services necessary to complete the Work. Such
procurement shall be accomplished using Agreement Funds and shall not increase the maximum amount
payable hereunder by CDOT.
E. Scope Amendment
CITY OF FORT COLLINS shall amend the Scope of Work, in accordance with the terms of this contract,
when:
1.) Adding or deleting funds from the Scope of Work Budget.
2.) Adding or deleting substantial portions of Scope of Work Activities.For the purposes of this
Contract, substantial will be defined as any task that requires a 15%change in funds allocated to
activities specified in the Scope.
7. PAYMENTS
CDOT shall, in accordance with the provisions of this §7, pay CITY OF FORT COLLINS in the amounts
and using the methods set forth below:
A.Basis and Maximum Amount
The maximum amount payable under this Agreement to CITY OF FORT COLLINS by CDOT is $375,000,
as determined by CDOT from available funds. Payments to CITY OF FORT COLLINS are limited to the
unpaid encumbered balance of the Agreement set forth in Exhibit A and § 3.
B.Funds
i.Available Funds-Contingency
CDOT is prohibited by law from making commitments beyond the term of the State's current fiscal
year.Therefore, CITY OF FORT COLLINS's compensation beyond the State's current Fiscal Year is
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contingent upon the continuing availability of State appropriations as provided in the Colorado Special
Provisions. If federal funds are used to fund this Agreement, in whole or in part, CDOT's performance
hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this
Agreement shall be made only from available funds encumbered for this Agreement and CDOT's
liability for such payments shall be limited to the amount remaining of such encumbered funds. If State
or federal funds are not appropriated, or otherwise become unavailable to fund this Agreement, CDOT
may terminate this Agreement immediately, in whole or in part, without further liability in accordance
with the provisions hereof.
ii. Limited Availability of Funds
The amount of federal funds available to pay for the program performed by CITY OF FORT COLLINS
in any one year is limited to the amount of the unused portion of the allocated funds, made available
through 23 U.S.C. § 104(b)(2) and any amendments thereto; 23 U.S.C. 104(f) and any amendments
thereto, and 49 U.S.C. § 5303 and any amendments thereto.
C.Additional Funds Use
Agreement congestion mitigation and air quality funds shall be used only to reimburse CITY OF FORT
COLLINS for eligible allowable costs incurred and CITY OF FORT COLLINS shall be solely responsible
for all costs incurred that are either not allowable or which exceed the funds available in the Agreement as
identified herein and/or in the Scope.
D.Matching Funds
CITY OF FORT COLLINS shall provide matching funds as required for the Agreement.
8. BILLING: REIMBURSEMENT AND ALLOWABLE COSTS
I. Certification
Reimbursement request(Billing Form) is attached and incorporated herein as Exhibit C to be
used as a reference of what is required of CITY OF FORT COLLINS by the State in requesting
reimbursement. Upon signing the Billing Form requesting reimbursement, the designated
representative of CITY OF FORT COLLINS has certified that:
1.) The costs are allowable, and therefore reimburseable; and
2.) The expenditure amount for that time period is correct; and
3.) The agreed upon Work has been performed and/or products have been produced; and
4.) All Requests for Proposals have been forwarded to CDOT for review and comment; and
5.) Reimbursements are being requested in accordance with the terms of this Contract; and
6.) Copies of recorded times of employees (where applicable) are correct; including in-kind, volunteer
services.
ii. Documentation
CITY OF FORT COLLINS shall include documentation of expenses of federal funds for CMAQ
Activities.
Such information shall include but not be limited to the items listed in this §8 of this Contract as proof
of documentation. For purposes of this contract,a copy of each invoice shall be forwarded to
the Division of Transportation Development-Business Office c/o
Business Manager at:
4201 E. Arkansas Ave., Shumate Building, Denver, CO 80222
iii.Reimbursement Method and Time
CITY OF FORT COLLINS shall request reimbursement from CDOT for the eligible allowable cost of
CMAQ funds for those eligible activities identified in the Scope of Work, and other costs as described in
section 8 of this Contract, incurred during the contract fiscal year within the limits of this Contract in
compliance with federal and State law and other applicable regulations. Reimbursement requests shall be
submitted by CITY OF FORT COLLINS to CDOT monthly, and will be reimbursed based on the federal
participation rate on page I of this Contract or§7.
Page 5 of 24
iv. Allowable Costs
Allowable and indirect costs may include but are not limited to those listed in 2 CFR 225, 2 CFR 220, 2
CFR 230,49 CFR Part 18,or State Fiscal Rule 2-7: "Official Functions and Training Functions,"
whichever may apply. However, such costs shall be limited to those costs determined by the CDOT as
necessary to directly carry out the tasks described in the Scope of Work for this Agreement. In
determining the amount of allowable costs, CDOT will exclude:
1.) Any costs incurred by CITY OF FORT COLLINS before the execution of the Contract or Option
Letter.
2.) Any costs incurred by CITY OF FORT COLLINS that are not included in the Scope of Work.
3.) Any cost incurred by CITY OF FORT COLLINS after the termination date of this Contract or
Amendment.
v.Erroneous Payments
At CDOT's sole discretion, payments made to CITY OF FORT COLLINS in error for any reason or costs
incurred that are later found to be unallowable, including but not limited to overpayments or improper
payments, and unexpended or excess funds received by CITY OF FORT COLLINS, shall be reimbursed by
CITY OF FORT COLLINS to the State or offset against current or future obligations due to the State by
CITY OF FORT COLLINS, at the State's discretion; unless prohibited by federal or State law or regulation.
Such funds shall not be paid to any party other than CDOT.
A. Reimbursement Waiver
CITY OF FORT COLLINS agrees that reimbursement of any cost under this Agreement does not
constitute a final Department decision about the allowability of the costs and does not constitute a
waiver of any violation by CITY OF FORT COLLINS of the terms of this Agreement.
9. REPORTING-NOTIFICATION-PROGRAM MONITORING
Reports,Evaluations, and Reviews required under this §9 shall be in accordance with the procedures of and
in such form as prescribed by the CMAQ guidance and the State.
A.Annual Report-CMAQ Reporter
CITY OF FORT COLLINS shall be responsible to coordinate with the MPO to submit an annual report
using the "CMAQ Reporter",describing, in detail, the performance of the Work and the extent to which the
use of alternative modes of transportation and/or improvement in air quality were increased during the
contract period as a result of the program. CITY OF FORT COLLINS shall be responsible for tracking,
gathering, maintaining, and reporting of CMAQ nonattainment or maintenance area program activities by
category, which will include emission reduction estimates and activity costs.
B.Final Report
Within 30 days after the end of the Program Period,CITY OF FORT COLLINS will provide to CDOT a
final accomplishment report of the activities performed under this Contract for the completed fiscal year. It
shall include, but not be limited to:
1.) Final accomplishments by activities; and
2.) Status of uncompleted products; and
3.) Accomplishment of performance measures; and
4.) Actual expenditures for the Program Period
C.Reporting Guidance
Reporting made for the purposes of this Agreement and its activities shall be done in accordance with 23
CFR 420.117,450 and 49 CFR Part 18 and Part 19, and any supporting sections or amendments.The
provisions of this paragraph do not constitute a waiver of legal and administrative appeals available to
CITY OF FORT COLLINS or the State.
Page 6 of 24
D.Monitoring
In accordance with 49 CFR Part 18.40 and other applicable standards, the State will monitor all the
activities conducted by CITY OF FORT COLLINS pursuant to the terms of this Agreement to assure that
the Scope is being performed consistent with supporting federal laws and regulations, as amended, to
enable the preparation and submission of appropriate reports that will contain at a minimum:
1.) Comparison of actual performance with established goals during the program and once the program
is complete;
2.) Progress in meeting schedules;
3.) Comparison of budgeted (approved) amounts and actual costs incurred;
4.) Cost variances to budget;
5.) Approved program revisions; and
6.) Other supporting data
E. Performance,Progress,Personnel,and Funds
In responding to these requirements, CDOT will utilize the following steps and procedures to ensure that
assigned responsibilities are carried out:
1.) Monitoring Documents
CDOT will use the current Scope of Work, and supporting documentation, in reviewing the
progress being made by CITY OF FORT COLLINS to meet the commitments in this Contract. The
Scope of Work must include all activities, deliverables, and performance measures, and Budgets
committed to by CITY OF FORT COLLINS.
2.) Monitoring Meetings
Meetings between Department and CITY OF FORT COLLINS representatives will be conducted at
CDOT's discretion for the purpose of reviewing progress,resource allocations, and billings.
3.) Progress and Financial Reports
CDOT will prepare and submit progress and financial reports to the appropriate federal agencies.
F. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency,related to this Agreement or which may affect CITY OF FORT COLLINS's ability to perform its
obligations hereunder,CITY OF FORT COLLINS shall notify CDOT of such action and deliver copies of
such pleadings to CDOT's principal representative as identified herein. If CDOT's principal representative
is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT.
G.Noncompliance
Any product that CITY OF FORT COLLINS has committed to in the Scope of Work not produced and
justification not provided in a timely manner in accordance with this §9, may result in the delay of payment
of funds and/or termination as provided under this Agreement. The following steps, in accordance with 49
CFR 18.43,will be implemented by CDOT:
1.) CDOT representative will meet with CITY OF FORT COLLINS representative to discuss
performance.
2.) The CDOT representative will report the progress to the CDOT Division of Transportation
Development Director.
3.) The Director will issue a decision as to whether performance is satisfactory or unsatisfactory. If
performance was determined to have been unsatisfactory, CDOT shall determine if a reduction in
allocation is appropriate. CITY OF FORT COLLINS will be notified of any decisions made by
CDOT.
H.Subcontracts
Copies of any and all subcontracts entered into by CITY OF FORT COLLINS to perform its obligations
hereunder shall be submitted to CDOT or its principal representative upon request by CDOT. Any and all
subcontracts entered into by CITY OF FORT COLLINS related to its performance hereunder shall comply
with all applicable federal and state laws and shall provide that such subcontracts be governed by the laws
of the State of Colorado. CITY OF FORT COLLINS is responsible for monitoring the Work activities of
Subcontractors.
L�
Page 7 of 24
10. RECORDS
CITY OF FORT COLLINS shall make, keep, maintain and allow inspection and monitoring of the
following records:
A.Maintenance
CITY OF FORT COLLINS and any consultants shall maintain all books,records, and other documentation
pertaining to authorized Scope activities and to completely substantiate all costs incurred and billed to
CDOT during the current Program Period and for a period of three (3)years from the date of closure of the
project under the terms of this Contract. These records shall be made available for inspection and audit to
CDOT, FHWA, or the Comptroller General of the United States, and copies thereof shall be furnished, if
requested. CITY OF FORT COLLINS shall include this record keeping/audit requirement in any Contract
with any consultant employed to perform Scope activities by expressly requiring the consultant to comply
with this requirement.
B.Inspection
The State and FHWA are specifically authorized to review and inspect at all reasonable times all such
records and all technical and financial aspects of the activities described in the Scope. FHWA will arrange
such review and inspections through CDOT. The State reserves the right to inspect the Work at all
reasonable times and places during the term of this Agreement, including any extension period.
C.A-133
In accordance with the provisions of OMB Circular No. A-133: "Audits of States, Local Governments, and
Nonprofit Organizations", all nonfederal entities including state and local government and non-profit
organizations,receiving more than$500,000 from all federal financial assistance funding sources, shall
comply with the audit requirements of A-133 (see also,49 CFR 18.26). Compliance with A-133 is
required in the following manner:
a) If the Sub-Grantee expends less than$500,000 in Federal funds (all federal sources,not just
Highway funds) in its fiscal year then this requirement does not apply.
b) If the Sub-Grantee expends more than$500,000 in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program
specific audit shall be performed. This audit will examine the"financial"procedures and
processes for this program area.
c) If the Sub-Grantee expends more than $500,000 in Federal funds, and the Federal funds are
from multiple sources (FTA, HUD, NPS, etc.)then the Single Audit Act applies, which is an
audit on the entire organization/entity.
d) Single Audit can only be conducted by an independent auditor in accordance with generally
accepted government auditing standards covering financial audits (49 CFR 18.26).
e) An audit is an allowable direct or indirect cost..
D.Final Audit Report
If an audit is performed on CITY OF FORT COLLINS's records for any fiscal year covering a portion of
the term of this Agreement, CITY OF FORT COLLINS shall submit a copy of the final audit report to
CDOT or its principal representative at the address specified herein.
11. CONFIDENTIAL INFORMATION-STATE RECORDS
CITY OF FORT COLLINS shall comply with the provisions on this §11 if it becomes privy to confidential
information in connection with its performance hereunder. Confidential information includes, but is not
necessarily limited to, any state records,personnel records, and information concerning individuals. Such
information shall not include information required to be disclosed pursuant to the Colorado Open Records
Act,CRS §24-72-101, et seq.
A.Confidentiality
CITY OF FORT COLLINS shall keep all State records and information confidential at all times and
comply with all laws and regulations concerning confidentiality of information. Any request or demand by
a third party for State records and information in the possession of CITY OF FORT COLLINS shall be
immediately forwarded to CDOT's principal representative.
Page 8 of 24
B.Notification
CITY OF FORT COLLINS shall notify its agent,employees, Subcontractors and assigns who may come
into contact with State records and confidential information that each is subject to the confidentiality
requirements set forth herein, and shall provide each with a written explanation of such requirements before
they are permitted to access such records and information.
C.Use,Security,and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by CITY OF
FORT COLLINS or its agents in any way,except as authorized by this Agreement or approved in writing
by CDOT. CITY OF FORT COLLINS shall provide and maintain a secure environment that ensures
confidentiality of all State records and other confidential information wherever located. Confidential
information shall not be retained in any files or otherwise by CITY OF FORT COLLINS or its agents,
except as permitted in this Agreement or approved in writing by CDOT.
D.Disclosure-Liability
Disclosure of State records or other confidential information for any reason CITY OF FORT COLLINS
may be cause for legal action by third parties against CITY OF FORT COLLINS, CDOT, or their
respective agents, and defense of any such action shall be CITY OF FORT COLLINS's sole responsibility.
12. CONFLICTS OF INTEREST
CITY OF FORT COLLINS shall not engage in any business or personal activities or practices or maintain
any relationships which conflict in any way with the full performance of CITY OF FORT COLLINS's
obligations hereunder. CITY OF FORT COLLINS acknowledges that with respect to this Agreement,even
the appearance of a conflict of interest is harmful to CDOT's and the State of Colorado's interests. Absent
CDOT's prior written approval, CITY OF FORT COLLINS shall refrain from any practices,activities or
relationships that reasonably appear to be in conflict with the full performance of CITY OF FORT
COLLINS's obligations to the State hereunder. CITY OF FORT COLLINS shall comply with the
provisions of CRS §§18-8-308 and 24-18-101-109. If a conflict or appearance exists, or if CITY OF FORT
COLLINS is uncertain whether a conflict or the appearance of a conflict of interest exists, CITY OF FORT
COLLINS shall submit to CDOT a disclosure statement setting forth the relevant details for CDOT 's
direction in regard to the apparent conflict constitutes a breach of this Agreement.
13. BREACH
In addition to any breaches specified in other sections of this Agreement,the failure of either Party to
perform any of its obligations hereunder entirely,partially,or in satisfactory manner,including,but not
limited to,performing them in a timely manner, constitutes a breach.
14. REMEDIES
If either Party is in breach of this Agreement or any other disputes arise between the Parties in connection
herewith, the Parties shall attempt resolve them at the divisional level. If this fails, the matter shall be
referred to superior departmental management staff designated by each Party. If this fails,the executive
director of each Party shall meet and attempt resolution. If this fails,the matter shall be submitted in writing
by both Parties to the State Controller.The State Controller's decisions regarding and resolution of the
matter shall be final.
A.Termination
1.) When the public interests of the State so require,the State may terminate this contract in whole or
in part. The State shall give written notice of termination to CITY OF FORT COLLINS specifying
the termination of all or a portion of this contract and the effective date of such. Exercise by the
State of this termination for public interests provision shall not be deemed a breach of contract by
the State. Upon receipt of written notice, CITY OF FORT COLLINS shall incur no further
obligations in connection with the terminated Work and, on the date set in the notice of
termination,CITY OF FORT COLLINS shall stop Work to the extent specified. CITY OF FORT
COLLINS also shall terminate outstanding orders and subcontracts as they relate to the terminated
Work. All finished or unfinished documents,data, studies,research, surveys, drawings, maps,
models,photographs,and reports or other materials prepared by CITY OF FORT COLLINS under
this contract shall,at the option of the State, be delivered by CITY OF FORT COLLINS to the
State and shall become the State's property. The State may direct CITY OF FORT COLLINS to
Page 9 of 24
assign CITY OF FORT COLLINS's right, title, and interest under terminated orders or subcontracts
to the State. CITY OF FORT COLLINS shall complete and deliver to the State the Work not
terminated by the notice of termination and may incur obligations as are necessary to do so within
the contract terms.
2.) If this contract is terminated by the State as provided herein,CITY OF FORT COLLINS shall be
paid an amount which bears the same ratio to the total compensation as the Services satisfactorily
performed or the Products or deliverables satisfactorily delivered or installed bear to the total
Services,Products or deliverables covered by this contract, less payments of compensation
previously made. In addition, for contracts that are less than 60% completed, the State may
reimburse CITY OF FORT COLLINS for a portion of actual out-of-pocket expenses (not otherwise
reimbursed under this contract) incurred by CITY OF FORT COLLINS during the contract period
which are directly attributable to the uncompleted portion of CITY OF FORT COLLINS's
obligations covered by this contract. In no event shall reimbursement under this clause exceed the
contract amount. If this contract is terminated for cause,or due to the fault of CITY OF FORT
COLLINS, the Termination for Cause or Default provision shall apply.
3.) Termination for DefauldCause
i. If, through any cause, the Agency shall fail to fulfill, its obligations under this contract, in a
timely and proper manner, or if the Agency shall violate any of the covenants, agreements, or
stipulations of this contract,CDOT shall thereupon have the right to terminate this contract for
cause by giving written notice to the Agency of its intent to terminate and providing no less
than ten(10)days opportunity to cure the default or show cause why termination is otherwise
not appropriate. In the event of termination, all finished or unfinished documents,data, studies,
surveys, drawings, maps, models, photographs, and reports or other material prepared by the
Agency under this contract shall, at the option of CDOT,become its property, and the Agency
shall be entitled to receive just and equitable compensation for any Services and Goods
delivered and accepted. The Agency shall be obligated to return any payment advanced under
the provisions of this contract. This provision shall in no way limit other remedies available to
CDOT in this contract, or remedies otherwise available at law.
ii. Notwithstanding the above, the Agency shall not be relieved of liability to CDOT for any
damages sustained by CDOT by virtue of any breach of this contract by the Agency, and
CDOT may withhold any payment to the Agency for the purposes of mitigating its damages
until such time as the exact amount of damages due to CDOT from the Agency is determined.
iii. If after such termination it is determined,for any reason,that the Agency was not in default,or
that the Agency's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the Parties shall be the same as if
this contract had been terminated for convenience, as described herein.
15. NOTICE and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required
to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to
such Party's principal representative at the address set forth below. In addition to,but not in lieu of a hard-
copy notice,notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party
may from time to time designate by written notice substitute addresses or persons to whom such notices
shall be sent. Unless otherwise provided herein,all notices shall be effective upon receipt.
i. CDOT:
Adam Rolstad
DTD/Trans ortation Planning
4201 E. Arkansas Ave.
Shumate Building
Denver, C0180222
Page 10 of 24
ii. CITY OF FORT COLLINS:
Dave Kemp
CITY OF FORT COLLINS
250 N. Mason
PO Box 580
Fort Collins,CO 80522
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to CITY OF FORT COLLINS under this Agreement is $100,000 or
greater, either on the Effective Date or at anytime thereafter, this §16 applies.
CITY OF FORT COLLINS agrees to be governed, and to abide,by the provisions of CRS §24-102-205,
§24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor
performance on state contracts and inclusion of contract performance information in a statewide contract
management system.
CITY OF FORT COLLINS's performance shall be subject to Evaluation and Review in accordance with the
terms and conditions of this Contract, State law,including CRS §24-103.5-101, and State Fiscal Rules,
Policies and Guidance. Evaluation and Review of CITY OF FORT COLLINS's performance shall be part of
the normal contract administration process and CITY OF FORT COLLINS's performance will be
systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review
shall include,but shall not be limited to quality, cost and timeliness. Collection of information relevant to
the performance of CITY OF FORT COLLINS's obligations under this Contract shall be determined by the
specific requirements of such obligations and shall include factors tailored to match the requirements of
CITY OF FORT COLLINS's obligations. Such performance information shall be entered into the statewide
Contract Management System at intervals established herein and a final Evaluation, Review and Rating
shall be rendered within 30 days of the end of the Contract term. CITY OF FORT COLLINS shall be
notified following each performance Evaluation and Review, and shall address or correct any identified
problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that CITY OF FORT COLLINS
demonstrated a gross failure to meet the performance measures established hereunder,the Executive
Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by
CDOT, and showing of good cause,may debar CITY OF FORT COLLINS and prohibit CITY OF FORT
COLLINS from bidding on future contracts. CITY OF FORT COLLINS may contest the final Evaluation,
Review and Rating by: (a)filing rebuttal statements, which may result in either removal or correction of the
evaluation(CRS §24-105-102(6)), or(b)under CRS §24-105-102(6), exercising the debarment protest and
appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the
debarment and reinstatement of CITY OF FORT COLLINS, by the Executive Director, upon showing of
good cause.
17. RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE
CITY OF FORT COLLINS agrees to provide to the FHWA and CDOT a royalty-free, non-exclusive and
irrevocable license to reproduce, publish,or otherwise use and to authorize others to use,the Work Product
described herein,for Federal Government and Department purposes; Work Product includes but is not
limited to the copyright of any books, publications, or other copyrightable materials(Data, studies, surveys,
drawings, maps, models,photographs,reports)developed in the course of the funded project.23 CFR
420.121.
Whenever possible, published material shall acknowledge the financial participation of CDOT and/or the
FHWA and other agencies contributing funding to the Work Product. Any published material
acknowledging the contribution of the FHWA shall include the federal disclaimer statement: "FUNDED BY
THE FHWA". Published materials include any non-internal documents,reports, maps, photographs,
computer software, or like materials that are intended to be viewed by those outside of FHWA, CDOT, and
CITY OF FORT COLLINS.
Page 11 of 24
Patents: In addition to the standard patent rights clauses of 37 C.F.R. §401 et. al,and other applicable laws
and regulations, CDOT, Agency and either party's subrecipients are subject to the provisions of 37 CFR part
401, governing patents and inventions whereby"The subgrantee or CITY OF FORT COLLINS will retain
all rights provided for the State in this clause, and the State will not, as part of the consideration for
awarding the subgrant or contract,obtain rights in the subgrantee's or CITY OF FORT COLLINS's subject
inventions."
18. GENERAL PROVISIONS
A. Assignment
CITY OF FORT COLLINS's rights and obligations hereunder are personal and may not be transferred,
assigned or subcontracted without the prior, written consent of CDOT. Any attempt at assignment, transfer,
subcontracting without such consent shall be void. All assignments, subcontracts, or Subcontractors
approved by CITY OF FORT COLLINS or CDOT are subject to all of the provisions hereof. CITY OF
FORT COLLINS shall be solely responsible for all aspects of subcontracting arrangements and
performance.
B. Binding Effect
Except as otherwise provided in this Agreement, all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,
and assigns.
C. Captions
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret,define, or limit its provisions.
D. Counterparts
This Agreement may be executed in multiple identical original counterparts, all of which shall constitute
one agreement.
E. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions,
deletions,or other changes hereto shall not have any force or affect whatsoever,unless embodied herein.
F. Modification
i.By the Parties
Except as specifically provided in this Agreement, modifications of this Agreement shall not be
effective unless agreed to in writing by both Parties in an amendment to this Agreement,properly
executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office
of the State Controller Policies, including,but not limited to, the policy entitled MODIFICATIONS OF
CONTRACTS -TOOLS AND FORMS.
ii. By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or Colorado
State law,or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth
herein.
G. Order of Precedence
The provisions of this Agreement shall govern the relationship of the State and CITY OF FORT COLLINS.
In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments
specifically including,but not limited to, those provided by CITY OF FORT COLLINS, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
i. Federal Laws and regulations,
ii. Colorado Special Provisions,
iii.The provisions of main body of this Agreement,
iv.Exhibit A (Scope of Work),
v. Exhibit B (Option Letter)
A.Other exhibits in descending order of their attachment.
Page 12 of 24
H. Severability
Provided this Agreement can be executed and performance of the obligations of the Parties accomplished
within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof, provided that the
Parties can continue to perform their obligations under this Agreement in accordance with its intent.
I. Survival of Certain Agreement Terms
Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued
performance,compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the State if CITY OF FORT COLLINS fails to perform or comply as required.
J. Third Party Beneficiaries
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties
and not to any third party. Any Services or benefits which third parties receive as a result of this Agreement
are incidental to the Agreement, and do not create any rights for such third parties.
K. Waiver
Waiver of any breach of a term,provision,or requirement of this Agreement or any right or remedy
hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of
any subsequent breach of such term, provision or requirement, or of any other term, provision, or
requirement.
L. Indemnification—General
If Local Agency is not a"public entity" within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., CITY OF FORT COLLINS shall indemnify, save, and hold harmless the State,
its employees and agents,against any and all claims, damages, liability and court awards including costs,
expenses,and attorney fees and related costs,incurred as a result of any act or omission by Local Agency,
or its employees, agents, Subcontractors or assignees pursuant to the terms of this Agreement. This clause
-is not applicable to a CITY OF FORT COLLINS that is a "public entity" within the meaning of the
Colorado Governmental Immunity Act, CRS §24-10-101,et seq.
M. Jurisdiction and Venue
All suits, actions,or proceedings related to this Agreement shall be held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
N. Grant Assurances
i. Since this grant contract involves the expenditure of federal funds, CITY OF FORT COLLINS
shall at all times during the execution of this contract strictly adhere to and comply with all
applicable Federal and Colorado State laws,and their implementing regulations, as they
currently exist and may hereafter be amended, which laws and regulations are incorporated
herein by this reference as terms and conditions of this contract. CITY OF FORT COLLINS
shall also require compliance with such laws and regulations by Subcontractors under
subcontracts permitted under this contract. Federal laws and regulations that may be applicable
include The Uniform Administrative Requirements for Grants and Cooperative Contracts to State
and Local Governments" (Common Rule), at 49 Code of Federal Regulations, Part 18, or the
"Uniform Administrative Requirements for Grants and Contracts with Non-Profit
Organizations", at 49 Code of Federal Regulations, Part 19, as applicable. The requirements of
49 CFR Part 18, or Part 19,include, without limitation:
1.) CITY OF FORT COLLINS shall follow applicable procurement procedures, as required by section
18.36(d) or 19.40
2.) CITY OF FORT COLLINS shall request and obtain prior Department approval of changes to any
subcontracts in the manner, and to the extent required by,applicable provisions of section 18.30 or
19.25;
3.) CITY OF FORT COLLINS shall comply with section 18.37 or 19.5 concerning any subgrants;
4.) to expedite Department approval,CITY OF FORT COLLINS's attorney, or other authorized
representative, shall also submit a letter to CDOT certifying CITY OF FORT COLLINS compliance
with section 18.30 or section 19.25 change order procedures, and with 18.36(d)or section 19.40
procurement procedures, and with section 18.37 or section 19.5 subgrant procedures, as applicable;
Page 13 of 24
5.) CITY OF FORT COLLINS shall incorporate the specific Contract provisions described in section
18.36(i) or section 19.48 (which are also deemed incorporated herein) into any subcontract(s) for such
Services as terms and conditions of those subcontracts.
ii. Title 23, United States Code, Part 112, and Title 23, Code of Federal Regulations,Part 172, if the
Contract Work includes professional engineering or architectural Services.
iii. Title 23, United States Code, Part 112, and Title 23,Code of Federal Regulations, Parts 633 and
635, if the Contract Work includes construction Services.
iv. Provided, however, that to the extent that other applicable federal requirements (including the
provisions of Title 23) are more specific than provisions of Title 49,Part 18 or 19, those
requirements shall supersede such Part 18 or 19 provisions.
v. Federal laws and regulations incorporated into this contract include, without limitation:
a) Age Discrimination Act of 1975 42 U.S.C. Sections 6 10 1, et seq.
b) Age Discrimination in Employment Act of 1967 29 U.S.C. 621-634
c) Americans with Disabilities Act of 1990(ADA) 42 U.S.C. 12 10 1, et Seq.
d) Equal Pay Act of 1963 29 U.S.C. 206(d)
e) Immigration Reform and Control Act of 1986 8 U.S.C. 1324(b)
f) Section 504 of the Rehabilitation Act of 1973 29 U.S.C. 794
g) Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000(d)
h) Title VII of the Civil Rights Act of 1964 42 U.S.C. 2000(e)
i) Title IX of the Education Amendment of 1972 20 U.S.C. 1681,et seq.
j) Section 24-34-302, et seq.,Colorado Revised Statutes,as amended.
A. CITY OF FORT COLLINS shall also comply with any and all laws and regulations prohibiting
discrimination in the performance of CITY OF FORT COLLINS's obligations under this
contract. In consideration of and for the purpose of obtaining any and all Federal and/or
Colorado State financial assistance, CITY OF FORT COLLINS makes the following assurances,
upon which CDOT relies:
a) CITY OF FORT COLLINS shall not discriminate against any person on the basis of race,
color, national origin, age, sex, religion and handicap, including Acquired Immune Deficiency
Syndrome(AIDS) or AIDS-related conditions, in performance of Work under this Contract.
b) At all times during the performance of this contract, no qualified individual with a disability
shall,by reason of such disability, be excluded from participation in, or denied benefits of the
service, programs, or activities performed by CITY OF FORT COLLINS, or be subjected to
any discrimination by CITY OF FORT COLLINS.
vii. CITY OF FORT COLLINS shall take all necessary affirmative steps, as required by 45 C.F.R.
92.36(e), Colorado Executive Order, and Procurement Rules to assure that small and minority
business and women's business enterprises are used, when possible,as sources of supplies,
equipment,construction, and Services purchased under this contract.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 14 of 24
19. SPECIAL PROVISIONS
The Special Provisions apply to all Agreements except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1).
This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
2.FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY.
No term or condition of this Agreement shall be construed or interpreted as a waiver,express or implied,of
any of the immunities,rights,benefits,protections, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act,28 U.S.C. §§1346(b) and 2671 et
seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR
The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee.
Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent
or employee of the State.The Local Agency and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or otherwise
provide such coverage for The Local Agency or any of its agents or employees. Unemployment insurance
benefits shall be available to The Local Agency and its employees and agents only if such coverage is made
available by The Local Agency or a third party.The Local Agency shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local
Agency shall not have authorization,express or implied, to bind the State to any Agreement, liability or
understanding,except as expressly set forth herein. The Local Agency shall (a) provide and keep in force
workers'compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and(c) be solely responsible for its acts and those of its
employees and agents.
5. COMPLIANCE WITH LAW.
The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
6. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement.Any provision included or incorporated herein by reference
which conflicts with said laws, rules,and regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall
not be valid or enforceable or available in any action at law, whether by way of complaint, defense,or
otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the
remainder of this Agreement, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any
provision to the contrary in this contact or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions.The Local Agency hereby certifies and warrants that, during the term of this Agreement and
any extensions,The Local Agency has and shall maintain in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that The Local Agency is in violation of
this provision, the State may exercise any remedy available at law or in equity or under this Agreement,
including, without limitation, immediate termination of this Agreement and any remedy consistent with
federal copyright laws or applicable licensing restrictions.
Page 15 of 24
9.EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Agreement. The Local Agency has no
interest and shall not acquire any interest,direct or indirect, that would conflict in any manner or degree
with the performance of the Local Agency's Services and the Local Agency shall not employ any person
having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202(1)and 24-30-202.4.
[Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4(3.5),the State
Controller may withhold payment under the State's vendor offset intercept system for debts owed to State
agencies for: (a)unpaid child support debts or child support arrearages; (b) unpaid balances of tax,accrued
interest, or other charges specified in CRS §39-21-101,et seq.; (c) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment
Compensation Fund; and(e) other unpaid debts owing to the State as a result of final agency determination
or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101.
[Not Applicable to Agreements relating to the offer, issuance,or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental Agreements, or information
technology services or products and services] The Local Agency certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and
shall confirm the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Agreement, through participation in the E-Verify Program or the
State program established pursuant to CRS §8-17.5402(5)(c),The Local Agency shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with
a subcontractor that fails to certify to The Local Agency that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under this Agreement.The Local Agency(a) shall not use
E-Verify Program or State program procedures to undertake pre-employment screening of job applicants
while this Agreement is being performed, (b) shall notify the subcontractor and the contracting State
agency within three days if The Local Agency has actual knowledge that a subcontractor is employing or
contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of receiving
the notice,and(d) shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If The Local
Agency participates in the State program,The Local Agency shall deliver to the contracting State agency,
Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that The
Local Agency has examined the legal work status of such employee, and shall comply with all of the other
requirements of the State program. If The Local Agency fails to comply with any requirement of this
provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or
political subdivision may terminate this Agreement for breach and, if so terminated, The Local Agency
shall be liable for damages.
12.PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101.
The Local Agency, if a natural person eighteen (18) years of age or older,hereby swears and affirms under
penalty of perjury that he or she(a) is a citizen or otherwise lawfully present in the United States pursuant
to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and(c) has produced one
form of identification required by CRS §24-76.5-103 prior to the effective date of this Agreement.
SPs Effective 1/l/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 16 of 24
7�
20. SIGNATURE PAGE
Contract Routing Number CMS: 10-HTD-10928/SAP PO#:291000778
THE PARTIES HERETO HAVE EXECUTED THIS INTERAGENCY AGREEMENT
*Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf
and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY STATE OF COLORADO
City of Fort Collins
Bill Ritter,Jr.GOVERNOR
Colorado Department of Transportation
By. Name of Authorized Individual Russell George,Executive Director
Title: By.
Official Title of Authorized Individual
Date:
*Signature
Date:
2nd The Local Agency Signature if Needed LEGAL REVIEW
By: John W. Suthers,Attorney General
Name of Authorized Individual
By:
Title: Signature-Assistant Attorney General
Official Title of Authorized Individual
Date:
*Signature
Date:
ALL CONTRACTS REOUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Agreements.This Agreement is not valid until signed and
dated below by the State Controller or delegate.The Local Agency is not authorized to begin performance until such time.If The
Local Agencv begins performing prior thereto,the State of Colorado is not obligated to pay The Local Agenev for such
performance or for anv goods and/or services provided hereunder.
STATE CONTROLLER
David J.McDermott,CPA
By:
Controller-Colorado Department of Transporation
Date:
Page 17 of 24
EXHIBIT A-SCOPE OF WORK
General Scope of Work:
The City of Fort Collins' Bicycle Coordinator position is the most important element of the FC Bikes Program and serves
as an ombudsman to the bicycle community and is the City's FC Bikes Program Manager for the Transportation Planning
Department.The position provides public awareness,encouregment,and comprehensive bicycle safety education regarding
improvements and implementation of the 2008 Bicycle Plan. The City's Bicycle Coordinator assists in coordinating activities
and information among the various bicycle interests in the community. The Bicycle Coordinator creates and sustains
innovative partnerships to develop community partnerships and to secure funding mechanisms for accomplishing program
goals. The position provides a point of contact to increase public knowledge and awareness of facilities,programs,and
educational opportunities for bicyclists. Specific on going duties are listed below:
• Assist Transportation Planning Department with the implementation of the new 2008 Bicycle Plan including develop
new programs&projects,organize public meetings,news releases, and outreach to the bicycle community, including
develop and maintain the City's FC Bikes program webpage.
• Research,develop,and pursue funding sources,including state/federal grants and local sponsors for future bicycle
programs and events.
• Remain a contact point and an ombudsman for the City of Fort Collins regarding all bicycling related issues both
internally within the City organization and externally to the Fort Collins community and our regional&state-wide
partners such as the North Front Range Metropolitan Planning Organization,Colorado Department of Transportation,
and Bicycle Colorado.
• Reply to citizen questions,complaints and/or concerns and act as a point of contact for issues related to City bicycle
improvements and or temporary hazards/detours.
• Coordinate and cooperate with local bicycle advocacy groups to assist them in planning,developing, and implementing
special bicycle education events and encouragement activities.
• Administer the Found&Abandoned Bike Community Service with partnering organizations.
• Serve as Project Manager of the FC Bike Library.
• City Staff co-liaison to the new citizen Bicycle Advisory Committee, which is a sub-committee to the City of Fort
Collins'Transportation Board.
Core Support Services
The City's FC Bikes program and Bicycle Coordinator provide bicyclists with a support system that lays a foundation to
increase and sustain daily number of bicyclists:These mechanisms include:
l. Accident and close call reporting(used for tracking trends and obtaining specific accident information;
2. Bike trail and bike lane information, including closures and detour routes;
3. Developing and distributing an electronic newsletter"Momentum"providing the latest information on commuting,
bike events, and other related bicycle information;
4. Free online bicycle registry to report lost or stolen bicycles;
5. Bicycle hazard reporting mechanism;
6. Snow route removal priority map specific to bicycling;
7. Promote and attend the BLT(Bike Lunch Talk),a monthly venue for bicyclists to express concerns and discuss
local bicycling issues;
8. Oversee the development, implementation,and support for the new Bicycle Advisory Committee.
Year Round Encouragement and Education Events
Education goes hand-in hand with encouragement to increase cycling;together they improve skills and raise safety
awareness. FC Bikes and partnering organizations would provide Encouragement and Education events to the local
community and may include,but are not limited to the following event series. Depending upon level of regional interests,
these types of activities could be expanded to other communities as well:
Spring Events—"Roll into Spring"—March-May:These events are created to attract and educate new bicyclists.
Potential events: Resources for Bicycling in Fort Collins;Bike to School Day; Colorado State University Bike; Bike
Education Clinic for Kids.
Summer Events—"Bike Week"-May-July:
Page 18 of 24
In cooperation with the CDOT annual Bike to Work Day,Bike Week is a focused program of culturally rich bicycle events
to inspire.residents to bike. Potential events: Commuter Kickoff;Bike Pedal vs. Gas Pedal Challenge;Local Bike Awards
Night;Bike to Work Day;Afternoon Group Rides;Downtown Bike Show;Bike n' Jazz;FC Bike Quest.
Fall Events—"Safe,Sensible,and Steady"-September—November:
Safe transportation to school for students of all ages is our foremost objective. Sensible transportation promotes
economical,environmental (air quality),and healthy means of transportation like walking,biking,riding the bus. Steady
transportation means developing a routine for bicycling on a regular basis. Potential events and programs: Coordination
with on going Safe Routes to School Program and events;Annual Safety Fair;CSU campus education and encouragement
events;Walk or Bike a Child to School Day;Take a Kid Mountain Biking Day.
Winter Events—"Bike Winter Fort Collins"November-January:These events are designed to support and encourage
commuting by bicycle during the winter months. Potential events and programs:
Winter Bicyclist Support—Information dissemination on bicycle resources such as snow route removal map,and bike
hazard reporting,and winter riding tips;Winter Bike to Work Day
Public Encouragement and Education Campaigns
The FC Bikes program strives to create and maintain an overall atmosphere for safe and friendly bicycling in Fort Collins.
We'll expand upon and implement several campaigns that target concerns such as,educating motorists on the impact of
their vehicles on the environment and bicyclists,the education and encouragement of bicyclists to ride respectfully and to
obey laws that adhere to their safety. Below are descriptions of these campaigns:
Adopt-a-Bikeway Campaign—This campaign enables commuter bicyclists to take an active role in
maintaining by reporting unsafe bike lanes and bike trails due to cracks, debris, ice, and snow.
CO-exist Campaign-The Co-exist campaign educates drivers to become more aware of bicycles on the road while also
educating bicyclists on the importance of riding respectfully. FC Bikes is striving to bridge the relationship gap between
drivers and riders by promoting mutual patience,courtesy,awareness,and respect.
Neighborhood Bike Coordinator Campaign—This,campaign enables residents to become the bike coordinator in their
own neighborhood by offering bicycle advice and education, supplies,educational materials,and basic bike maintenance.
"This Could Be You"Campaign—New marketing campaign to encourage and educate new bicyclists in Fort Collins.
This campaign will visually familiarize Fort Collins residents with how to Bike to School with children as well as use
bicycles for utilitarian purposes.
B.I.K.E.Camp—(Bikes Improve Kids Experiences)B.I.K.E.Camp,a week long,educational bike camp for children 8-
12 years old,will teach children the basics of bicycling in a recreational setting. B.LK.E.camp addresses fundamentals of
road rules,bicycling etiquette,and bike maintenance.
Regional Bicycle Coordination
Utilizing best practices and collaborative approach with our neighboring communities,FC Bikes proposes to plan and
coordinate a comprehensive approach to encourage and educate bicyclists while offering technical resources and marketing
materials to neighboring cities and towns within the North Front Range Metropolitan Planning Organization boundaries.
The following events and programs will be conducted over 2010&2011.
• Overall regional bicycle planning and intercommunity coordination of special events, such as,Bike to Work Day and
Bike to School Day.
• Produce a"North Front Range Bicycle Summit Series"to share ideas,educate neighboring communities on bicycle
topics,and to promote best practices regarding encouragement and education at a regional level. (4 summits—Spring
and Fall 2010&Spring and Fall 2011. Summit series events will feature presentations from experts in the field of
bicycle transportation,clinics on various dimensions of bicycling including,effective encouragement and safety
education event marketing, Safe Routes to School,planning techniques,public relations and media techniques,and
measuring program effectiveness and evaluation(gathering data).
• Provide neighboring communities bicycle community assessment reports and provide consultation with respect to the
bicycle friendly community application with the League of American Bicyclists.
• Inspire development and growth of local bicycle groups in neighboring communities.
• Co-coordinate regional Safe Routes to School programs and events.
• Expedite and encourage regional communications regarding inter-community bicycle transportation and recreation.
Page 19 of 24
Improving End of Trip Facilities
FC Bikes proposes will leverage programmatic funds with partnering organizations such as the Downtown Development
Authority and other community®ional partners to install more bike parking racks to support cyclists with quality end-
of-trip facilities. Activities would include public/private sponsorship requests and/or fundraising events to improve bicycle
parking facilities City-wide.
Program Evaluation
Listed below are specific outcomes that FC Bikes will use to measure the success of the overall program. Success of the
bicycle encouragement program entails the recruitment of new bicyclists and an increase overall in bicycle rider-ship.
• FC Bikes-Conduct bi-yearly online surveys with Fort Collins residents. Surveys will be conducted 2nd Quarter
2010,4 h Quarter 2010, 1't Quarter 2011,and 4 h Quarter 2011. Baseline data will be derived from 2009 survey
data. These surveys will determine the effectiveness of the FC Bikes coordination efforts.
• Regional Coordination-Conduct bi-yearly online surveys with regional North Front Range residents. Survey
will be conducted 1"Quarter 2010 to determine regional baseline data. Surveys will resume 3`d Quarter 2011, 1st
Quarter 2011,and 3`d Quarter 2011. These surveys will determine the effectiveness of the regional coordination
efforts.
FC Moves-Performance Matrix—The bicycle coordinator will work with Transportation Planning staff and Traffic
Operations staff to determine local bicycle rider-ship in Fort Collins.. Baseline data will be developed in 2010 and
compared to 2011.
2010&2011 Detailed Scope of Work:
FC Bikes scope of work includes seeking input from the public and partnering organizations to help shape programmatic
activities.
L 2010 P Quarter—January-March
a. Implement remaining 2009 Bike Winter Fort Collins event campaign.
b. Develop regional coordination program branding and presentation.
c. (REGIONAL)Begin planning for I"of 4 regional bicycle summit series
d. (REGIONAL)Initial consultation with neighboring communities to determine strengths, weaknesses,
needs. Institute pre-coordination effort regional survey to gather baseline data.
e. Begin planning for spring and summer encouragement event campaign, "Roll Into Spring"and"Bike
Week"
f. Begin developing bike parking plan for Fort Collins in conjunction with Transportation Master Plan
update.
g. Develop strategies for public encouragement and education campaigns.
It. On-going presentations,planning,trainings for community partners.
i. On-going program and project coordination among internal and external publics.
j. On-going general coordination duties.
IL 2010 2nd Quarter—April—June
a. (REGIONAL)Implement 1"regional bicycle summit series(May)
b. Implement spring and summer encouragement and education event campaign, "Roll Into Spring"(April-
May)and"Bike Week"(June)
c. Begin planning for fall encouragement and education event"Safe,Sensible,and Steady."
d. (REGIONAL)Prepare deliverables to neighboring communities following initial regional consultations.
e. Conduct spring on-line program evaluation survey(May)
f. On-going presentations,planning,trainings for community partners.
g. On-going program and project coordination among internal and external publics.
h. On-going general coordination duties.
111. 2010 3rd Quarter—July—September
a. (REGIONAL)Begin planning for 2nd regional bicycle summit series
b. Begin planning for winter encouragement and education campaign"Bike Winter Fort Collins"campaign.
Page 20 of 24
c. (REGIONAL)Prepare deliverables to neighboring communities following initial regional consultations.
Institute post coordination effort regional survey to determine program effectiveness.
d. Implement fall encouragement and education event campaign"Safe, Sensible, and Steady" (September—
October)
e. Implement public encouragement and education campaigns
f. On-going presentations,planning,trainings for community partners.
g. On-going program and project coordination among internal and external publics.
It. On-going general coordination duties.
1V. 2010 r Quarter—October—December
a. Implement 2nd regional bicycle summit series(October).
b. Implement winter encouragement and education campaign"Bike Winter Fort Collins"campaign.
c. Conduct on-line program evaluation survey(October).
d. On-going presentations,planning, trainings for community partners.
e. On-going program and project coordination among internal and external publics.
f. On-going general coordination duties.
V. 2011 P Quarter—January—March
a. Implement remaining 2010 Bike Winter Fort Collins event campaign.
b. (REGIONAL)Begin planning for 3 d regional bicycle summit series slated for spring 2011.
c. (REGIONAL)Second consultation with neighboring communities to determine strengths, weaknesses,
needs.
d. Begin planning for spring and summer encouragement event campaign, "Roll Into Spring"and"Bike
Week"
e. Review,refine,implement bike parking plan for Fort Collins in conjunction with Transportation Master
Plan update.
f. On-going presentations,planning,trainings for community partners.
g. On-going program and project coordination among internal and external publics.
It. On-going general coordination duties.
Vl. 2011 2nd Quarter—April—.June
a. (REGIONAL)Implement 3rd regional bicycle summit series(May)
b. Implement Spring and Summer encouragement and education event campaigns, "Roll Into Spring"
(April-May)and"Bike Week" (June).
c. (REGIONAL)Prepare deliverables to neighboring communities following initial regional consultations.
d. Conduct on-line program evaluation survey(May).
e. On-going presentations,planning,trainings for community partners.
f. On-going program and project coordination among internal and external publics.
g. On-going general coordination duties.
V11. 2011 Yd Ouarter—.July—September
a. (REGIONAL)Begin planning for 4`h regional bicycle summit series(October)
b. Begin planning for winter encouragement and education campaign"Bike Winter Fort Collins"campaign.
c. (REGIONAL)Prepare deliverables to neighboring communities following second regional consultations.
Institute regional survey to determine program effectiveness.
d. Implement fall encouragement and education event campaign"Safe, Sensible,and Steady"(September—
October).
e. Implement public encouragement and education campaigns.
f. On-going presentations,planning,trainings for community partners.
g. On-going program and project coordination among internal and external publics.
It. On-going general coordination duties.
Page 21 of 24
VIII. 20II e Quarter—October—December
a. (REGIONAL)Implement 4th regional bicycle summit series(October).
b. Implement winter encouragement and education campaign"Bike Winter Fort Collins"campaign.
c. Conduct on-line program evaluation survey(October).
d. Continue implementation bike parking plan.
e. On-going presentations,planning,trainings for community partners.
f. On-going program and project coordination among internal and external publics.
g. On-going general coordination duties.
Project Costs for 2010 and 2011:
PROJECTED EXPENDITURES 2010-2011
FC Bikes Coordinator Salary/Benefits/Professional Training $130,000
Special Event & Campaign Production, Marketing and Planning efforts, $140,000
student internships—FC Bikes local program
Regional Bicycle Coordination Marketing and Planningefforts $65,000
Regional summit organization/promotion/marketing
Expansion of CO-Exist campaign to neighboring communities
Additional special event assistance
Materials
Bike Parking Facilities $40.000
TOTAL PROJECTED EXPENDITURES(2 years 20 10-1 1) $375,000
2010 Budget 2011 Budget
CMAQ Grant $150,000 $150,000
City of Fort Collins $38,000 $37,000
Totals $188,000 $187,000
Background:
The City of Fort Collins' FC Bikes Program has been awarded Congestion Mitigation Air Quality grant funding. This FC
Bikes proposal for FY2010-11 is unique from prior years and includes the refinement and expansion of the FC Bikes
program. Refinement includes improving marketing and operational practices to increase bicycling. Expansion elements
include adding new events,campaigns,and a regional coordination component to increase the number of people bicycling
throughout our community and to and from Fort Collins and our regional neighbors.
Fort Collins is a regional leader regarding encouraging,educating,and planning for bicycling as a safe and attractive means
of transportation and recreation. The City of Fort Collins and the local bicycling community has accelerated the growth of
the local bicycle culture. In 2008,The U.S. Census Bureau published the results of the American Community Survey
which reported that bicycle commuters within the City of Fort Collins account for 7.4%of the overall commuting
population,that's an increase from 5.2%in 2007. This is a relatively high percentage when compared to the national
percentage; however, with the current momentum our community has already created with respect to the bicycle
movement,there's no doubt we can do even better.
In 2008,the League of American Bicyclists officially designated the Fort Collins community as a"Gold Level Bicycle
Friendly Community". Our community's national recognition as a bicycle friendly community continues to promote
bicycling within the City while also promoting Fort Collins regionally and nationally as a great community to live,work,
visit,and play. 2008 also brought forth the adoption of the 2008 Fort Collins Bicycle Plan by the Fort Collins City Council.
This 2008 Bicycle Plan is a substantial update to the City's prior 1995 Bicycle Program Plan.Of the 2008 Bicycle Plan's
key recommendations,the formation of an official Bicycle Advisory Committee was highlighted as a high priority action
item by the Fort Collins City Council. It is our community's goal to successfully implement the 2008 Bike Plan and obtain
the"Platinum Level Bicycle Friendly Community"designation with the League of American Bicyclists within the next four
years.
All of the recent accomplishments,statistics, and accolades are proof that the Fort Collins community has made a solid
commitment to promote,educate,and plan for bicycling as a way of life. By increasing and expanding our encouragement
and safety education efforts,engineering and planning,partnerships,and collaboration with our neighbors,the Fort Collins
community is successfully building a sustainable culture of bicycling. These combined elements lead to getting more
people bicycling daily and keeping them bicycling throughout their life for many different travel purposes.
Page 22 of 24
EXHIBIT B-OPTION LETTER [SAMPLE OPTION LETTER]
Date: State Fiscal Year: Option Letter No. CLIN Routing#
1) OPTIONS: Choose all applicable options listed in §1 and in §2 and delete the rest.
a.Option to renew only (for an additional term)
b.Change in the amount of goods within current term
c.Change in amount of goods in conjunction with renewal for additional term
d.Level of service change within current term
e. Level of service change in conjunction with renewal for additional term
f. Option to initiate next phase of a contract
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Options 1(a-e): In accordance with Section(s) of the Original Contract routing
number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and
Contractor's Name, the State hereby exercises its option for an additional term beginning Insert start date
and ending on Insert ending date at a cost/price specified in Section , AND/OR an
increase/decrease in the amount of goods/services at the same rate(s) as specified in Identify the
Section, Schedule, Attachment, Exhibit etc.
b. For use with Option 1(f), please use the following: In accordance with Section(s) of the
Original Contract routing number between the State of Colorado, Insert Name of Department or
Higher Ed Institution , and Contractor's Name, the State hereby exercises its option to initiate Phase
indicate which Phase: 2, 3, 4, etc for the term beginning Insert start date and ending on Insert ending date
at the cost/price specified in Section
c. For use with all Options 1(a-f):The amount of the current Fiscal Year contract value is
increased/decreased by$ amount of change to a new contract value of Insert New$Amt to as
consideration for services/goods ordered under the contract for the current fiscal year indicate Fiscal
Year. The first sentence in Section is hereby modified accordingly. The total contract value
including all previous amendments, option letters, etc. is Insert New$Amt.
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or
whichever is later
THE LOCAL AGENCY STATE OF COLORADO
INSERT-Legal Name of the Local Agency
By: INSERT-Name of Authorized Individual Bill Ritter,Jr.GOVERNOR
Title: INSERT-Official Title of Authorized Individual Colorado Department of Transportation
Russell George,Executive Director
By: INSERT-Name&Title of Person Signing for Agency or
*Signature IHE
Date: Date:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed
and dated below by the State Controller or delegate.Contractor is not authorized to begin performance until such
time.If Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for
such performance or for any goods and/or services provided hereunder.
State Controller
David J.McDermott,CPA
By:
Date: Effective Date:1/6/09-Rev 8/25/09
Page 23 of 24
EXHIBIT C-BILLING FORM
COLORADO DEPARTMENT OF TRANSPORTATION-Division of Transportation Development
Contractor/Agency Name: Invoice Number:
Contract Number: Invoice Dale:
Contract Effective Date: Gmtraclor/Vendor Contact Person:
Contract Billing Period:
Contractor/Vendor Contact Phone
Number:
Transaction Date Check Tracking Number Payee Name Amount Service/Good Received
Total
Less I.twal Match Remit to:
Total Reimbursement Request
Value of Contract(Original+Any Amendments):
Billed Prior to This Invoice:
Current Invoice Amount:
Balance of Contract After Invoice:
I certify that the goads and/or services included in this invoice were true and necessary expenses to accomplish the goals of the contract:
By: Date:
Contractor/Vendor
Approved By: Date:
CDOT
Page 24 of 24
Feedback from the League of American Bicyclists ATTACHMENT 2
o 7T "I .1
Bicycl:
e Friendly Community
Feedback on the Fort Collins, Colorado application to be designated a Bicycle Friendly
Community—October 2008
Fort Collins has kept up the momentum in creating a truly Bicycle Friendly Community
and should be proud of this accomplishment. Reviewers were once again impressed with
the ongoing quality of efforts to promote bicycling and enthusiasm through the
community to make Fort Collins a great place for cycling. These efforts are paying off as
seen in the high level of bicycle commuters in Fort Collins (over 5% of journeys to work
by bike), which is over ten times the national average. Highlights of this BFC application
included the investment the community continues to make such as those seen in the
Recycled Bike Project, the Bike Library, the education programs such as the Safe Routes
to School Program, BLT programs, B.I.K.E, and excellent Co-exist Campaign as well as
infrastructure upgrades to the on-street and off-street facilities, secure bike parking, and
improved network connectivity.
Fort Collins continues to be a leader in encouraging cycling in the community through
creative programs including Roll into Spring, Winter Bike to Work Day, the bike library,
Bike Month and Bike to Work Day promotions, Tour de Fat, and the Adopt a Bike way
campaign. The comprehensiveness of the bicycling culture can be seen through these
community events and also through facilities such as the BMX track, mountain bike
pump track, mountain bike skills-park, and trials course. Fort Collins is sure to be move
towards Platinum by implementing the bike plan and continuing its innovative efforts to
improve conditions for cycling.
Reviewers provided the following suggestions to further promote bicycling:
• Continue motorist and cyclists education efforts such as the great Co-exist
campaign to ensure that all users are aware of rights and responsibilities. Be sure
to evaluate these efforts so this ca f be a model for the country.
• Fully implement the projects within the bike plan and set an ambitious target for
bicycle use in the community.
• Increase the number of arterial streets that have wide shoulder or bike lanes.
Continue to expand the bicycle network and increase network connectivity
through the use of bike lanes, shared lane arrows and signed routes. On-street
improvements coupled with the expansion of the off-street system will continue to
increase use and improve safety. These improvements will also increase the
effectiveness of encouragement efforts by providing a broader range of facility
choices for users of various abilities and comfort levels.
• Provide opportunities for ongoing training on accommodating bicyclists for
engineering, planning staff, and law enforcement. Consider hosting a BikeEd
course for city staff to better understand cyclists' needs, behavior, and their right
to use city streets as well as multi-use paths for transportation.
• Set up training for city staff and area consultants on bicycle facility design and
planning. Consider a membership to the Association of Pedestrian and Bicycle
Professionals www.apbpor for city Bicycle and Pedestrian Staff. Training
opportunities and the listsery provided by this organization are excellent
resources.
• Continue to increase the number of adult cycling education offerings. One option
is to work with local bike shops to host monthly events and training rides.
Consider including a new module of the League's BikeEd program into every
bike ride.
• Continue to make more bicycle-friendly intersections with cyclist actuated
signals.
• Consider passing an ordinance or local code that would require employers to
provide bicycle parking, shower facilities, and other encouragement tools. The
city could be the model employer for the rest of the community.
• Continue to expand secure bicycle parking throughout the community.
a
ATTACHMENT
City Managees office
300 LaPorte Avenue
City of
F6rt Collins PO Box580
Fort Collins,CO 80522
97022 .605
970,224.6107-fax
/cgov.com
September 17th 2009
Andy Clarke
Executive Director
League of American Bicyclists
1612 K Street NW, Suite 800
Washington, DC 20006-2850
Dear Mr. Clarke,
Greetings from Fort Collins! Many Fort Collins residents believe our City is experiencing a bicycle
renaissance. Community leaders are embracing bicycling as a way of life and have recognized the
benefits of bicycling. The City and local organizations continue to provide innovative bicycle services to
the community, such as advocacy work, education and encouragement,sporting events,recycling,bicycle
lending, facility development,and group bike rides. All the while,Fort Collins continues to receive local,
regional, and national accolades regarding our best practices and Gold-Level Bicycle Friendly
Community reputation.
As we recognize our growing bicycle culture,we also need to remind ourselves that the bicycle
movement in Fort Collins has been a long time coming. We have progressed considerably over the last
several years; however,more work still lies ahead in order to reach our goals.
I'm writing today to thank you for creating the Bicycle Friendly Community program and to share with
you our intent to pursue the Platinum-Level Bicycle Friendly Community award in order to better the
lives of our own residents and provide an example for other communities to emulate.
The success of the Bicycle Friendly Community program has encouraged City leaders throughout the
United States to be the best we can be with respect to bicycle infrastructure, safety,education,and
encouragement. I commend your organization's ability to inspire Fort Collins and other communities.
In October 2008,the Fort Collins City Council adopted the updated Bicycle Master Plan which will act as
a guide for the future as we continue to plan for innovative bicycle facilities, encourage more residents to
ride bicycles everyday, and educate both bicyclists and motorists on the benefits of bicycling. The plan
also encourages riding and driving respectfully,while promoting citizen participation at all levels of
bicycling in our community.
Please let us know if you have any questions about the City of Fort Collins'FC Bikes program. We are
very enthusiastic about continuing our collaboration efforts with your organization.
Respectfully yours,
n
Darin Atteberry
City of Fort Collins City Manager
,ATTACHMENT 4
June 20, 2009
Kathleen Bracke
Director of Transportation Planning and Special Projects
250 North Mason St.
Fort Collins, CO 80524
Subject: FCBikes program
Hello Kathleen,
I am writing on behalf of Bike Fort Collins and wish to let you know much we
appreciate the work of the Fort Collins Bicycle Coordinator, David "DK" Kemp.
A better champion of bicycling could not be found. His energy, imagination, and
a love for all things bicycle are at the very core of why Fort Collins is classified as
a Gold Level Bike Friendly Community.
We are especially impressed with DK's ability to continually strive to form
consensus between the diverse, and sometimes divergent, bicycling groups in
Fort Collins. His ability to garner much-needed funds for the many cycling
projects should also be commended.
DK has played a valuable role in making Fort Collins the cycling community that
it is, and for that, we are all grateful.
Most sincerely,
Jeff Jeff Morrell
President
Bike Fort Collins
Bike Fort Collins,P.O.Box 1632,Fort Collins,CO 80522-1632 w .bikelortcollins.org
ATTACHMENT 5
LARIMEEVK BOARD OF COUNTY COMMISSIONERS
COUN 1 t 200 W.Oak Street
Post Ol<ce Box 119It
Fort Collins,Colorado 80522-i Z IIf1
(970)498-7010
Fax(970)498-7006
E-mail:bocc@larimer.orq P
TO: Congestion Mitigation Air Quality Grant Process(CMAQ
DA: May,21,2009
FR: The Board of Latimer County Commissioners
RE: 'Fort Collins Bikes'Grant Proposal
The Board of.Larinier County Commissioners supports the City of Fort Collins' Fort Collins Bikes in
their efforts to secure grant funding through the Congestion Mitigation Air Quality(CMAQ)grant
process.
Fort Collins Bikes is a regional leader that encourages,educates,and plans for bicycling as a safe and
attractive means of transportation and recreation. We are interested in seeing this,leadership extended
over the region's Groxvth Management Area•and into neighboring communities to create a bicycle
friendly region.
The Fort Collins Bikes program will utilize bestpractices,arid a collaborative approach.That
organization proposes to plan and coordinate a comprehensive approach to encourage and educate
bicyclists while offering technical resources and marketing materials to cities and towns within the North
Front Range Metropolitan Planting Organization boundaries.The following events and programs have
been suggested:
Regional bicycle planning and interconinunity coordination of special'events,such.as.Bike to Work
Day and Bike to School Day.
Production of a'North Front Range Bicycle Summit Series"to share ideas and promote best practices.
Provide neighboring communities bicycle community assessment reports in(]consultation with
respect to the bicycle friendly community application with the League of American Bicyclists.
-.Inspire development and growth of local bicycle groups in neighboring communities.
•Co-coordinate regional Safe Routes to School programs and events.
Encourage regional communications regarding intercontmunily bicycle transportation and recreation.
Plan and Promote creative nudtiniodal transportation options in conjunction with the VanGo program,
Transfort.C.O.L.f.(City of Loveland Transit),and the City of GreeleyIs 34-Xpress transit system.
There are more and more cyclists commuting in northern Colorado on a daily basis and further regional
coordination efforts would serve to reach out and help provide safety education and encouragement
materials to commuter cyclists while also promoting'combination bicycle/transit trips across the region.
We hope you will grant this proposal.
Sincerely,
FOR BO�AR�D OF COUNTY COMMISSIONERS
Kathy Rennels,Chair
CC:Dave"DK"Kemp,17C Bikes-Coordinator,Transportation Planning,City of Fort Collins
PRINTED ON RECYCLED PAPER
1
ATTACHMENT 5
LAR1b1ER HUMAN RESOURCES DEPARTMENT I
COUNTY 2555 Midpoint Dr.-Suite A
Fort Collins,Colorado 80525
(970)498-5970
FAX(970)498-5980
e r e TDD(970)498-7969
JOBUNE(970)498-5979
May 21,2009
To whom it may concern:
My name is Elizabeth(Liz)DeJongh and I am the Wellness Program Specialist for Lorimer County,
Colorado. I am writing this letter to show support for the FC Bikes Program.
The FC Bikes Program,coordinated.by Dave"DK"Kemp,has been a great asset to the County's
Wellness Program efforts and employees. In'2008,the County was one of many worksites to
participate in the Bike to Work Day events and Worksite Competition sponsored by FC Bikes. FC
Bikes provided an informational meeting for worksites to attend;they also supplied us with
posters,bike trail maps,breakfast stations maps,and prizes for our internal competition. 150
County employees participated and rode a total of 2295 miles that day! The success of this
event could not have been possible without the support and organization of the FC Bikes Program
and staff.The County is currently gearing up for the 2009 Bike to Work Day events;FC Bikes has
already provided us with 150 Bike Safety posters and invited us to their informational meeting.
FC Bikes Program really makes a positive difference...beyond just Bike to Work Week events.
Some County departments have since implemented weekly Bike,to Work Days. In addition,if an
employee rides bicycle to work.10 times in three months,he or she can earn an extra wellness
point in the County's Wellness Program. These ideas were spurred by employees after last
year's Bike to Work Week;the interest and excitement for riding bicycles has had a lasting
effect on our worksite.
The City of Fort Collins,with the help of the FC Bikes Program,is a bicycle friendly community.
People can borrow a bicycle for free from the Bike Library,attend numerous bicycle events, ride
almost anywhere using trails or bicycle lanes;and be at ease knowing they will always find a
bicycle rack when they need it. Bicycle riders are written about in newspapers;seen on college
campuses,pedaling next to you in the bicycle lanes,and passing you as you walk on trails.
Bicycling is an integral part of the amazing,unique,and friendly culture,of Fort Collins...thanks to
the excellent education and promotion of bicycling by the FC Bikes Program.
Sincerely,,
Elizabeth DeJongh
Wellness Program Specialist
Lorimer County
edejongh@larimer.org
2
ATTACHMENT 5
CITY OF LOYELAND
PUBLIC WORKS
PROJECT ENGINEERING
Sim 410 East So street•Loveland,Colorado 80537
(970)96M' 55 o FAX(970)962-2908 o TOD.(970)962-2620
City of Loveland www.ci.loveland.co:us
Dave Kemp
FC Bikes Coordinator
City of Fort Collihs
250 North Mason Street
PO Box 580
Fort Collins,CO 80522-0580
Dear Dave:
The staff at the City of Loveland Public Works and Community Services Departments would like to offer our
support for the efforts aimed at fostering greater regional bicycle cooperation and planning.The City of
Loveland,like other majorcitics in Colorado's Front Range,has a bicycle program;but like many of our peers it
is not filly developed as Fort Collins. In recent discussion with the Fort Collins team it;became clear that
regional discussions,planning;and perhaps support would greatly enhance all ourabilities'to develop a truly
bicycle friendly regional community.
The City of Loveland is committed to supporting this effort through staff time,interaction with our
Transportation Advisory Board,and entrees into key:stakeholder groups in our community. Please consider us a
partner in this effort and keep us apprised ofprogress moving forward.
Respectfully,
Keith Reester
Public Works Director
City of Loveland
CC: Dave Klockernan,City Engineer
Greg George,Development Services Director
3
ATTACHMENT 5
CITY OF LOVELAND
PUBLIC WORKS
TRANSPORTATION ADVISORY BOARD
410 East 5"Street Loveland,Colorado 80507
(470)962.2555•FAX(970)962.2908 0 TDD(970)962-2620
City of Loveland www.6.1oveland.co.us
Dave Kemp
FC Bikes Coordinator
City of Fort'Collins
250 North Mason Street
PO Box 580
Fort Collins, CO 80522-0580
Dear Dave:
Thank you for your presentation to the City of Loveland Transportation Advisory Board (TAB)on May
4,2009. To confirm our discussion that evening, the TAB would like to extend their support to the
recent and ongoing discussions seeking to'develop regional cooperation to improve bicycle safety
and develop other programs to promote cycling.
The Loveland Transportation Advisory Board has worked over the past few years to support bicycling
growth and development here in Loveland, but has not seen the success of those endeavors as has
Fort Collins. Bicycling is an integral part of not just a successful transportation system, but a vibrant
community. Hopefully your efforts to promote regional sharing will benefit both communities and the
region as a whole.
The City of Loveland Transportation Advisory Board is committed to assisting in this effort by
partnering with staff,interacting with other relevant Loveland community boards,and providing
leadership on this topic in our community. Please consider us a partner in this effort and keep us
apprised of progress moving forward.
Best regards,
Gary Thomas
Transportation Advisory Board-Chair
City of Loveland
CC: Keith Reester, Public Works Director
4
ATTACHMENT 5
Greel Y Cite _ F-can t''a Grat;ad U,,%
May 15,2009
Mr.David Kemp
FC Bikes—Coordinator
Transportation Planning
City of Fort Collins
250 N.Mason Street
Fort Collins,CO 80522
RE: Northern Colorado Regional Bike Planning Needs
David:
I am very pleased that you are promoting bicycling as a viable transportation mode. The City of
Greeley is very interested in cooperating with you,regarding the sharing of best practices and a
collaborative approach for promoting biking on aregional basis.
Greeley is currently updating our Comprehensive Transportation Plan,and will incorporate
biking issues within the new plan. We recognize the need for improving our streets to better
accommodate bicycling.in Greeley.
Through the efforts of the Greeley Trails and Open Space Foundation(GTO'Foundation),
Greeley recently received an Honorable Mention from the League of American Bicyclists for
Bike Friendly.Stat>Is. We know that Greeley has many good routes and the potential for more
routes with improvements to weak links in the system'that needs to be a high priority.,
Greeley supports your efforts to provide a regional approach to encourage educate and plan for
bicycling as a"safe and attractive means of transportation and recreation. Please let me know
]low I can help in this regard.
Sincerely,
Steven Bagley,PE
Greeley City Engineer
bjp
h:/steverbagley/projccts/bike paths/dave kemp Itr re bike regional planning 5-15.09
Public Works Department-Engineering Division . 1001 9th Avenue,Greeley,CO 80631 (970)350-9881 Fax(970)336-4142
We promise to preserve and improve thequality of life-forGreeley through timely,courteous and cost-effective service..
5
ATTACHMENT 5
ll DEPARTMENT OF PUBLIC HEALTH &ENVIRONMENT
1555 N. 17v'Avenue
Greeley,CO 80631
♦. WEBSITE:ti�a%%.o„�+_Id_o�,m,
ADMINISTRATION:(970).304-6410
FAX:(970)304-6412
PUBLIC HEALTH EDUCATION&NURSING:(970)304-6420
W111coo
FAX:(970)304-6416
ENVIRONMENTAL HEALTH SERVICES:(970)304-6415
COLORADO FAX:(970)304-6411
May 22,2009
Dave Kemp
FC Bikes—Coordinator
Transportation Planning
City of Fort Collins
250 N.Mason St
Fort Collins,CO 80522
Dear Mr.Kemp,
Weld County Department of Public Health&Environment is pleased to offer this letter of
support for your grant application to encourage,educate and plan for bicycling as a safe and
attractive means of transportation and recreation.
Weld County has received a Livewell Colorado grant to encourage Weld County residents to
'eat better—move more'as apart of their daily activities. Certainly,bicycling as a
transportation and recreation option will help residents to do just that.
Weld County has an active bicycling community that could benefit from additional collaboration
between regions to enhance their bicycling experience. The Weld County Department of Public
Health&Environment looks forward to partnering with FC.Bikes'to expand bicycling
opportunities in the region..
Sincerelv.
Pam Smith
Active Community Environment Technical Advisor
Livewell Weld County
6
ATTACHMENT 5
David Kemp
FC Bikes—Coordinator
Transportation Planning
City of Fort Collins
250 N..Mason Street
Fort Collins,CO'80522
The Greeley Trails and Open Space Foundation(GTOF)is an advocate organization for active
living and sustainable city design. We have been actively working with the city of Greeley on
biking issues including both trails and bike lanes. The city of Greeley received an Honorable
Mention from the League of American Bicyclists this spring which recognizes the work that the
city has already done to accommodate bicyclists.
The GTOF whole heartedly supports the city of Fort Collins efforts to promote regional biking
coordination in Northern Colorado. Fort Collins is a regional and national leader in bicycle
friendliness. We look forward to partnering with Fort Collins to improve biking conditions in
the region. With the knowledge learned from this partnership We hope.to earn.Greeley a Bike
Friendly designation as well as a Bike Friendly.Region for Northern Colorado.
Once again the GTOF is excited for this opportunity for the region and will help in any way to
accomplish these goals.
.Jeff Nosal. Executive Director
Greeley-trails and Open Space FoundaLion
jefffttofou nda Lion.org
970-302-7618
7
ATTACHMENT 5
1
i4 qq
na.6f)Oad� ''JJ.l
May 19,2009
Mr.David Kemp
Bicycle Coordinator
City of Fort Collins
P.O.Box 580
Fort.Collins,CO
Dear David:
On behalf of the Fort Collins Convention and Visitors Bureau, I am
writing to express our support and thanks for the program known as
FC Bikes. FC Bikes has been invaluable to the Fort Collins CVB and
the visitors to our community.
The Bicycle Library has garnered us regional and national attention.
The new library opening on the CSD campus was one of the tools
we used to retain Campus Crusade for Christ International's
biannual staff training event,the largest convention to impact Fort
Collins and Larimer County. The downtown library has been a
successful partnership with our organization in providing non-
motorized transportation for visitors, increasing use of the Poudre
Trail and alleviating parking and congestion on our brewery tours.
The bike coordinator position has allowed us to have a single point
of contact and coordination for cycling events, information, maps
and guides. In fact, the Fort Collins Bike Map is one of the most
requested publications in our Downtown Information Center.
The CVB staff; board and partners thank you for your service and
the efforts you have provided to make Fort Collins a truly bicycle
friendly community,and congratulate you on achieving Gold status
from the League of American Bicyclists.
Regards,
Jim lark,CDME
Pre ident and CEO
i
i
8
ATTACHMENT 5
Dave Kemp
FC Bikes Coordinator I
250 North Mason Street
PO Box 580
Fort Collins,CO 80522
1
To whom it may concern,
On behalf of the Fort Collins Bicycle Advisory Committee(a subcommittee of the Fort Collins
Transportation Board), 1 am writing this letter of support forthe FC Bikes program and the Fort
Collins Bike Library. f
The FC Bikes program has been instrumental in our community for Iirovidiing bicycle education II
programs,bicycle planning for infrastructure such as bike lanes and bike trails,and creating a
bicycle culture where people feel safe to ride.for recreation,commuting,and trips to the store.
The Fort Collins Bike Library has extended this bicycle way of life to visitors from out of town
or anyone who just wants to borrow a bike.Just this weekend l followed an out of town tourist
on a library bike down Spring Creek Trail to the Drake Farmers Market.The opportunity for
folks visiting to try out the local food and local bike trails backs up what Money Magazine and
others have said about the"livability"of this %vn.The importance of continuing encouragement
and education activities for cyclists as well reaching out to other communities to create more
bike friendly region is what FCBikes is all about.The growing number of people on bikes in our
community keeps our.population healthier,our air cleaner,and our streets safer.
Sincerely,
Chris Gaughan
Fort Collins Bicycle Advisory Committee—Vice-chair
I
I
1
1
9
ATTACHMENT 5
C01® O
lJnt�Lnin
Mr. David Kcmp
Bike Coordinator
City of Port Collins
Fort Collins.CO 80524
May'26,2009
Re: FC Bikes coordination at CSU
DK,
[would like to thank),on for the continued support and efforts that you have made on behalf of t
FC Bikes here at CSU. As you know an estimated 15,000 bikes reside on the CSU campus
which impact the greater Fort Collins community in many ways. The coordinated effort that
you have begun on campus through the initiation of a campus bike advisory committee,a nexvly
formed campus bike librarv,bike education using the Co-exist campaign and other CSU{City
based programs to further promote bicycling in our community. These efforts have quickly i
benefited both the CSU and greater Port Collins comnwnity as bicycling is an important part of
our community culture.
We hope to continue our wmk with you and.the FC Bikes program in this importantjoint
partnership.
i
Thank you,
r
David Hansen
Landscape Architect,Facilities Nlanagement
Colorado State University
Cc:.Fred Flaberecht. file
Colorado State University Facilities Management Fort Collins,CO 50523
10
ATTACHMENT 5
POUDrE
SCHOOL
DISTRICT
May 27.2009
On behalf of POUdre School District. I would like to give my support and commend Fort
Collins Bikes for all the great work that they do within the commwnity and with Poudre
School District (PSD). Bicycling as a'form ofuansporuition and recreation is an
important part of any community and we are thankful to have a City that encourages
cycling at all levels.
Paudre School District has over 23,000 students and educating these students on how to
safely ride it bicycle and encourage the use of bicycics is i1lValuable. Fort Collins Bikes
is impixtant_for these resourceS along with working with other entities to promote
infiastructure within'the community that encourages safe cycling for all ages.
Sincerely,
John Holcombe
Environmental/Safety Coordinator
POUdre School District
2407 LaPmrc Avenue Port Collins,CO 80521-2297 (970)482.7420
tovmpxlschoolcorg
11
ATTACHMENT 6
Bicycle Advisory Committee
February 8, 2010 minutes
DRAFT
4. APPROVAL OF MINUTES
January 11, 2010 minutes were approved.
Rick Price has stepped do Gail Neben will take
meetin orward, and D�ranscriptionist.
d will distribute the draft minutes to the
ers.
5. DISCUSSION/INFORMATIONAL ITEMS q,
a. FC Bikes Program Presentation/Discussion.
The information was presented by Kathleen Bracke and DKaKempA detailed agenda item
summary had been provided to the committee prior to the meeting. Thy ontract with the
CDOT for the federal funding portion of the progra w1l1. e considered for approval at the
February 16th council meeting. Bracke explained the structure of the over let. Kemp
described the various components of the progr
V
Questions and discussion at the end of the presents 'bY,,.committee members included:
Greg McMaster asked for some detaillss•_of the Regional B�y le Coordination program
component and budget allocation?DKId�escribed the aim to build regional collaboration by
sponsoring a regional bike summit series. Collaborations would-MMIve sharing resources for
safe e. Safe Routes to School Co-exist project),ste .s to attaining Bike Friendly
safety g• P J�) p g Y
recognition, enhanced connectivity of regionalbike facilities=and bike use evaluation on a
regional basis. The budgetdevoted to this component would support events, marketing,
materials, and stafftime.
Chris asked how Larime Courity�d Laporte arre,considered in the regional collaboration.
Kemp responded they were4006WH nfrastructure in Laporte is supported by the
coun r
n•
RiclWeider asked wh-=determine he designation Platinum-level Bike Friendly City. Kemp
zpla explained that the League f American Bicyclists is one the oldest bicycle advocacy groups.
In order4olpromote bicycling for transportation and recreation the LAB recognizes those
W
cities that have worked av Providing safe accommodation and facilities for bicycling.
Rick Reider, memberUniverCity Connections,encouraged the FC Bikes program to
keep a strong focu nn bike issues at CSU.
Discussion of end of trip facilities focused on bike parking. DK pointed out that placement of
the present green"U"shaped stanchions needs to reassessed and they probably need to
redistributed. Additional bike parking can be added by leveraging FC Bikes funds with other
city departments and other organizations, like the DDA and other businesses. There may be
additional locations for"on-street'bike racks. Opportunities for sheltered bike parking will
be explored.
RESOLUTION 2010-008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF SUPPORTING
THE CITY'S FC BIKES PROGRAM FOR THE FISCAL YEAR 2010-2011 FUNDING
PERIOD UTILIZING CONGESTION MITIGATION AND AIR QUALITY FUNDS
WHEREAS,the City's"FC Bikes Program"(the"Program")has been awarded Congestion
Mitigation and Air Quality ("CMAQ") federal grant funding from the North Front Range
Metropolitan Planning Organization and the Colorado Department of Transportation("CDOT");and
WHEREAS, the CMAQ grant for the fiscal years 2010-2011 awards the City$150,000 for
each year, for a total of$300,000,provided that the City expends matching funds in the amount of
$38,000 for the 2010 budget year and $37,000 for the 2011 budget year; and
WHEREAS, using the CMAQ funding, the Program will.continue to improve community
outreach and operational practices to increase bicycling in the community and integrate training in
bicycle safety in a comprehensive manner throughout the Program activities; and
WHEREAS,the Program also includes new events,campaigns and regional coordination to
improve safety and increase the number of persons bicycling throughout the community and to and
from neighboring communities; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Mayor be authorized to enter into this intergovernmental agreement for CMAQ funding for the
Program.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement with
the State of Colorado Department of Transportation for the purpose of obtaining Congestion
Mitigation and Air Quality management funding for the FC Bikes Program for the fiscal year 2010-
2011 funding cycles in the total sum of$300,000, with $150,000 to support the 2010 budget and
$150,000 to support the 2011 budget, and for the City to provide matching funds in the amount of
$38,000 for the 2010 budget year and $37,000 for the 2011 budget year.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of February A.D. 2010.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 012, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE
IN THE TRANSPORTATION SERVICES FUND TO BE USED FOR THE
2010-2011 FORT COLLINS BIKES PROGRAM
WHEREAS, on October 7, 2008, the City Council adopted the 2008 Bicycle Plan (the
"Bicycle Plan") to improve community outreach and operational practices to increase bicycling in
the community and integrate training in bicycle safety in a comprehensive manner; and
WHEREAS the City's Fort Collins Bikes Program (the "Bikes Program") is designed to
attain the goals of the Bicycle Plan as well as address recommendations provided by the League of
American Bicyclists in order to attain the Platinum Level Bicycle Friendly Community designation;
and
WHEREAS, the City has been awarded Congestion Mitigation & Air Quality ("CMAQ")
grant funding from the North Front Range Metropolitan Planning Organization and Colorado
Department of Transportation in the amount of$300,000; and
WHEREAS,the City Council has adopted Resolution 2010-008 authorizing the City to enter
into an intergovernmental agreement with CMAQ for the grant funding for the Bikes Program; and
WHEREAS, the City's local matching funds for 2010, in the amount of $38,000, have
already been appropriated through the City's 2010-201,1 budget process and matching funds for 2011
have been included in the 2011 budget; and
WHEREAS,the grant funds will be used to staff and operate the Bikes Program for the 2010-
2011 funding cycle; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year,provided that the total
amount of such supplemental appropriations,in combination with all previous appropriations for that
fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received
during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Transportation Services Fund to exceed
the current estimate of actual.and anticipated revenues to be received in that fund during any fiscal
year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated from unanticipated revenue in the Transportation
Services Fund the sum of THREE HUNDRED THOUSAND DOLLARS($300,000)for expenditure
in the Transportation Services Fund for the Fort Collins Bikes Program.
Introduced, considered favorably on first reading, and ordered published this 16th day of
February, A.D. 2010, and to be presented for final passage on the 2nd day of March, A.D. 2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 2nd day of March, A.D. 2010.
Mayor
ATTEST:
City Clerk