HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/23/2010 - ITEMS RELATING TO THE FC BIKE LIBRARY PROGRAM DATE: February 23, 2010
AGENDA ITEM SUMMARY
STAFF: Kathleen Bracke
D.K. Kemp F FORT COLLINS CITY COUNCIL
Items Relating to the FC Bike Library Program.
A. Resolution 2010-007 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the State of
Colorado Department of Transportation for the Purpose of Obtaining a Congestion Mitigation and Air Quality
Grant in Support of the FC Bike Library Program.
B. First Reading of Ordinance No. 011,2010,Appropriating Unanticipated Grant Revenue in the Transportation
Services Fund to Be Used for the 2010-2011 Fort Collins Bike Library Program.
EXECUTIVE SUMMARY
The Fort Collins Bike Library Program (FCBL) has been awarded Congestion Mitigation &Air Quality(CMAQ)grant
funding from the North Front Range Metropolitan Planning Organization and the Colorado Department of
Transportation for work to be completed FY 2010 and 2011. The City of Fort Collins contracts with Bike Fort Collins,
a local non-profit cycling organization, to manage and operate the FCBL. The Fort Collins Bike Library Program
includes the continual improvement, refinement, and expansion of the Bicycle Library Program and services. These
activities include improving marketing and operational practices. Expansion includes incorporating additional bicycles
and check-out stations into the FCBL Program and incorporating additional community partners such as schools,
businesses, and non-profit organizations.
BACKGROUND / DISCUSSION
The Fort Collins Bike Library Program (FCBL) is similar to a regular City library, but instead of checking out books,
a patron checks out a bike. A customer interested in participating in the library can sign up at any FCBL station. To
become a member of the FCBL, a patron needs one form of identification, for example, a driver's license, state ID,
passport, or green card. A credit or check card is also necessary for deposit, but the cost to the FCBL patron to
borrow a bicycle is free. After the member's information is recorded in the FCBL database, they sign a one-time
insurance form. New members are then able to check out a bike for as short as an hour or for as long as seven days
at a time.
The bicycle comes fully equipped with bike lights, a lock, rack, and helmet. Some of the bicycles in the fleet are
designed for all weather riding. Should the bicycle encounter any mechanical difficulties beyond a flat tire, an
emergency phone number is provided to assist the FCBL member.
Since the inception of the FCBL in 2008,the Program has received a great deal of local, regional, and national media
attention pertaining to the success of the Program and its benefit to the Fort Collins community. This Program
demonstrated its initial success by attracting over 4200 library members and generating over 44,840 vehicle miles
traveled as of September 2009.
2008 and 2009 Accomplishments
• 201 operational bicycles currently in the Bike Library fleet
• 4,200 members signed up with FCBL as of December 2009
• State of the art website created to track bicycles, members, vehicle miles traveled and evaluation process.
• City-owned space donated to FCBL in order to conduct fleet maintenance, storage, and check-out. The
donated space constitutes part of the local in-kind match in order to obtain the CMAQ grant.
• Downtown check out station (Cafe Bicyclette) donated by Downtown Development Authority. The donated
space also constitutes part of the local in-kind match in order to obtain the CMAQ grant.
• Three check-out stations as of January 2010: (1) Old Town Square(2)222 LaPorte Road and (3)Colorado
State University Campus (Lory Student Center).
February 23, 2010 -2- ITEM 4
• Close coordination with local participating stakeholders to ensure success of the Program (Convention and
Visitors Bureau, Downtown Development Authority, Colorado State University, and local businesses).
2010 and 2011 Goals
• Create sustainable financial and operating plan to continue ongoing Program operations after 2011.
• Expand the Program to at least two additional check-out stations in south Fort Collins, utilizing local partners
such as bike shops and other local businesses.
• Incorporate the partnership between FCBL with the City's Safe Routes to School Program and the Poudre
School District.
• Explore the development of two self service pilot check-out stations at two local hotels in Fort Collins (north
and south areas).
• Develop web-based program and logistics protocol regarding reservation and group lending program,as well
as performance measures.
• Encourage at least three major employers(100 employees or more)to carry small fleets of FCBL bikes to be
used by employees for errands.
• Expand and develop CSU campus check out station.
• Close coordination with local participating stakeholders to ensure success of the Program (Convention and
Visitors Bureau, Downtown Development Authority, CSU, and local businesses).
• Expand the FCBL fleet of total bicycles to 350 bicycles citywide by end of 2011.
• Offer at least seven check-out stations, including self-service and staffed, citywide and specifically located
along the Mason Corridor.
• Promotion and distribution of bicycle safety education materials to all FCBL members and participating
partners.
FINANCIAL IMPACT
This Ordinance, appropriating$165,580 in Federal Congestion Mitigation Air Quality Grant funds awarded to the City
of Fort Collins' FC Bike Library Program for 2010 and 2011, represents 82.79 percent of the Program budget. This
funding allows the FC Bike Library Program to implement the aforementioned services for residents, students, and
visitors of the Fort Collins community. The matching funds for the Bike Library Program are provided via in-kind
services and no additional City funds are required to operate and expand the Bike Library Program for 2010 and 2011
at this time.
2010&2011 Financial Budget
Projected Expenditures 2010-2011
Contractual staff labor/contractual $85,000
overhead/training/development
Bicycle Accessories- Lights, Locks, $7,500
baskets, fenders
150 additional Program bicycles and $45,000
replacement parts
Programmatic marketing $32,000
Website Development
Bicycle Facilities/Installation $30,500
(kiosks, shelters, bike racks)
Total Projected Expenditures $200,000
February 23, 2010 -3- ITEM 4
2010 Budget 2011 Budget
CMAQ Grant $82,790 $82,790
(82.79%)
Local Match -"In Kind" $17,210 $17,210
Downtown Development Authoridy
and City of Fort Collins
(17.21%)
TOTALS $100,000 $100,000
Note: Total CMAQ federal funding for 2010 and 2011 is$165,580.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Economically,the FCBL has been an impressive tool at attracting local, regional, and national media attention for Fort
Collins and been utilized to promote Fort Collins as a destination of bicycle-oriented tourism. Additionally, the City of
Fort Collins has been consulted a number of times by cities across the United States regarding the success of the
FCBL. The FCBL was featured as a unique attraction in the Money Magazine's Best Places to Live 2008 Edition.
Socially,the FCBL has assisted in acting as a valuable and cost-effective amenity for the City of Fort Collins'residents,
CSU students, and visitors with respect to transportation, recreation, and tourism needs. The FCBL management
team (City of Fort Collins & Bike Fort Collins) works closely with Colorado State University, the Downtown
Development Authority, the Convention and Visitors Bureau, and several local bicycle retailers. The FCBL Program
has helped strengthen the relationships with these partners with respect to overall bicycling in the Fort Collins
community.
Environmentally,the FCBL Program helps to promote sensible travel options and helps displace trips otherwise taken
by carbon emitting vehicles with bicycles. The FCBL Program supports the City's overall goals of the Climate Action
Plan and Sustainability Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BOARD/COMMISSION RECOMMENDATION
At its February 8, 2010 meeting, the Bicycle Advisory Committee heard an informational presentation on the FCBL.
No vote was taken concerning this grant.
PUBLIC OUTREACH
The UniverCity Con nections'Transit and Mobility Stakeholder community event on October21,2009,provided a public
forum to showcase the FCBL Program and included valuable citizen and community leader public input. The outcome
of this public meeting with respect to bicycling is included as an attachment.
A second public open house regarding the FCBL was held on January 19,2010;although public participation was very
low. It's important to note that the FCBL management team engages the community on a regular basis and receives
feedback from the community and its patrons throughout the year.
February 23, 2010 -4- ITEM 4
ATTACHMENTS
1. CMAQ contract and Scope of Work
2. Letters of Support from CMAQ grant application
3. Meeting notes from February 8 Bicycle Advisory Committee meeting
ATTACHMENT 1
CMS:10-HTD-10927/SAP PO#:291000777
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 .........................................................................................................................................................................7
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]..........................................................................................22
EXHIBIT C-BILLING FORM...............................................................................................................................................23
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 Bike Library
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 Com an Code: 1000 CO Area: 1000
WBS Element: 17587.15.01 Fund:400 Funds Center:DT510-010 Functional Area: 1456
Catalog Federal Domestic Assistance Number(CFDA)20.205 Vendor Number:2000023
Contract Amount Total:$200.000 1 Federal Amount Total:$165.580 Local Amount Total:$34,420
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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), 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 (3C) 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 V
"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 $200,000,
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 1 of this Contract or§7.
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,"
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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.
vi. 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 Partl9, 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.
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;
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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.
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
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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.
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
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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
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
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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 Default/Cause
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 Parry. 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/I'rans ortation Planning
4201 E. Arkansas Ave.
Shumate Building
Denver, C0180222
ii. CITY OF FORT COLLINS:
Dave Kemp
CITY OF FORT COLLINS
250 N. Mason
PO Box 580
Fort Collins,CO 80522
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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 §24-103.5-10t, 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
the Insert Dept or IHE Acronym, 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.
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."
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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)
vi.Other exhibits in descending order of their attachment.
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.
Page 12 of 23
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;
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.
Page 13 of 23
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 6101, 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.
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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 23
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 §8-17.5-102(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 §847.5-102(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 23
20. SIGNATURE PAGE
Contract Routing Number CMS: 10-HTD-10927/SAP PO#:291000777
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: O 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 Agenev is not authorized to begin performance until such time.If The
Local Agenev begins performing prior thereto,the State of Colorado is not obligated to pav The Local Agenev for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
David J.McDermott,CPA
By:
Controller-Colorado Department of Transporation
Date:
Page 17 of 23
EXHIBIT A-SCOPE OF WORK
2010 & 2011 Scope of Work:
L 2010 1 S`Quarter—January-March
a. Work with City Bike Coordinator (FC Bikes program) on public pelations campaign for
2010 & 2011.
b. Seek customer feedback and community input on FCBL service and operations
improvements.
c. (January—February) Prepare for re-opening two stations downtown and Colorado State
University.
d. Grand season opening March 2009 with 200 bicycles in fleet ready to roll.
e. Begin developing plan to expand bike library program into to local business, hotels, and
additional stations in south Fort Collins.
f. Begin developing long-term sustainable financial plan.
g. Begin development of reservation and group ride lending program.
II. 2010 2"d Quarter—April—June
a. Two hotels identified to possibly take part in pilot self-service check out program
(details, logistics, contracts in place by end of June).
b. At least three major businesses identified to carry small bike library fleet.
c. Enact reservation and group ride lending program
c. Two additional check-out station locations identified (details, logistics, & contracts in
place by end of June).
d. Determine estimation of additional bicycles needed to fulfill future check-out station
locations.
III. 2010 33rd Quarter—July—September
a. Continue working with CSU to assess their need for bikes and expand fleet.
b. Purchase additional bicycles as needed to fulfill future stations and expansion.
c. Implement two new check-out station in south Fort Collins (August)
d. Potentially implement two self service check-out stations at two hotels. (August)
e. Concentrate efforts on new station management and process.
f. Determine Safe Routes to School fleet needs (safety education/training opportunities)
IV. 2010 41h Quarter—October—December
a. Close for 2010 season first week in November
b. Review online registration & data base for tracking bikes
c. Move out of old town Kiosk for winter to allow ice skating rink operations.
d. Bicycle inventory and end of year fleet and program assessment.
e. Review and adopt long term financial plan.
V. 2011 1s1 Quarter—January—March
a. Bike Fort Collins prepares for reopening of two downtown check-out stations.
b. Review and evaluate 2010 strengths and weaknesses, make programmatic adjustments
accordingly.
c. Attend to program partner needs and considerations prior to grand season re-opening.
d. Bike Library grand season re-opening (end of March)
Page 18 of 23
VI. 2011 2nd Quarter—April—June
a. Determine frequency of bicycle use among stations and adjust fleet numbers depending
upon over or under accommodation levels.
b. Measure success of new self-service and staffed check-out stations
c. Purchase additional bicycles as needed.
d. Review and evaluate strengths and weaknesses associated with major employer fleets.
e. Check status of long term financial plan—evaluate
VIL 2011 3rd Ouarter—.July—September
a. Monitor, problem solve, evaluate Bike Library strengths and weakness
b. Place newly purchased bicycles as needed
c. Focus on program administration and day to day operations
d. Long term financial plan operation refinement.
VIII. 2011 4`h Quarter— October—December
a. Close for season first week in November
b. Review online registration & data base for tracking bikes
c. Bicycle inventory and end of year fleet and program assessment.
d. Ensure application of long term financial strategies are in place for 2012 & 2013.
Evaluation:
Evaluating the effectiveness of the project over time
Specific tasks and quantifiable objectives for those tasks include:
1. Survey local participating businesses in the program after deploying all bikes.
Objective: Determine success of program as well as identify needs for program refinement.
2. Update FC Bike Library website to reflect 2008 & 2009 efforts as well as include all 2010
sponsors, stations, and participating businesses.
Objective: Updated website reviewed approved by Project Manager.
3. Prepare and deploy 200 bikes by April 2009
Objective: Measurement of the number of bikes deployed on any specific day through the
web-based inventory control. This inquiry will also provide data to determine the average
length of daily bike trips. The ongoing measurement tool will offer an online questionnaire
sent to each user who checks out a bike. The actual deployment of bikes and calculation of
average miles used will be ongoing and reported quarterly. Our annual reports will summarize
these quarterly reports.
4. Specific quantification of vehicle miles traveled (VMT) reduction, traffic congestion and air
quality improvement will be calculated based on user surveys and collected web-based data.
Objective: Determine participation rates, member counts, and miles ridden per month (VMT =
air quality savings).
Page 19 of 23
2010 & 20ii Financial Budget:
Projected Expenditures 2010/2011
Contractual staff labor/
contractual overhead/training/ $85,000
development
Bicycle Accessories—Lights,
Lock, baskets, fenders $7,500
150 additional program bicycles
and replacement parts $45,000
Programmatic Marketing
Website Development $32,000
Bicycle Facilities/Installation
(kiosks, shelter, bike racks) $30,500
Total Projected Expenditure $200,000
2o3.o Budget 2oii Budget
CMAC1 Grant
(82.79%) $829790 $82,790
Local Match
"In Kind"
Downtown $179210 $179210
Development
Authority(DDA)&
City of Fort Collins
(17.21%)
Totals $ioo,000 $100,000
Background:
The FC Bike Library Program has been awarded Congestion Mitigation Air Quality grant funding
prior to the submittal of this scope of work for 2010 & 2011. This scope of work is unique and
includes the continual improvement, refinement, and expansion of the FC Bike Library program.
These activities includes improving marketing and operational practices. Expansion includes adding
more bicycles to the FC Bike Library fleet and incorporating more community partners in the way of
schools, businesses, and non-profit organizations.
The FC Bike Library is similar to a regular City library, but instead of checking out books, you check
out a bike. A customer interested in participating in the bicycle library can sign up at the bicycle
library station. To become a member of the bicycle library all you need is one form of identification,
for instance, a driver's license, state ID, passport, or green card. A credit or check card is also
necessary for deposit. After the member's information is recorded in the bicycle library database, they
sign a one-time insurance. New members are then able to check out a bike for as short as an hour or for
as long as five days at a time.
Page 20 of 23
The bicycle comes fully equipped with bike lights, a lock, basket, and snap on fenders, in the event of
inclement weather. Should the bicycle encounter any mechanical difficulties beyond a flat tire, an
emergency phone number will be provided to assist the bicycle library member.
Since the inception of the FC Bike Library (FCBL) in 2008, the program has received vast local,
regional, and national media attention pertaining to the success of the program and its benefit to the
Fort Collins community. This program has demonstrated its initial success by attracting nearly 4091
library members and generating over 44,840 vehicle miles traveled as of September 2009.
2008 & 2009 Accomplishments
• 150 bikes currently operational in Bike Library fleet—200 bicycles by December 31"2009.
• 4091 bike members signed up with bike library as of September 2009
• 30 volunteers are signed up to assist with FCBL operations
• State of the art website created to track bicycles, members, vehicle miles traveled and
evaluation process.
• City owned space donated to Bike Library in order to conduct fleet maintenance, storage, and
check-out. This constitutes part of the local `in kind' match.
• Downtown check out station (Cafe Bicyclette) donated by Downtown Development Authority.
This constitutes part of the local `in kind' match.
• Three check-out stations to date: 1) Old Town Square 2) 222 LaPorte Road.
3) Colorado State University Campus (Lory Student Center)
• Close coordination with local participating stakeholders to ensure success of program
(Convention and Visitors Bureau, Downtown Development Authority, Colorado State
university, and local businesses)
2010 & 2011 Goals
• Create sustainable financial plan to continue on-going program operations after 2011.
• Expand the program to at least two additional check-out stations in south Fort Collins, utilizing
local partners such as bike shops and other local businesses.
• Incorporate the partnership between Bike Library with the City's Safe Routes to School
program and the Poudre School District.
• Explore the development of two self service pilot check-out stations at two local hotels in Fort
Collins (north and south areas).
• Develop web-based program and logistics protocol regarding reservation and group lending
program.
• Encourage at least three major employers (100 employees or more) to carry small fleets of bike
library bikes to be used by employees for errands.
• Expand and develop CSU campus check out station.
• Close coordination with local participating stakeholders to ensure success of program (CVB,
DDA, CSU, and local businesses).
• Expand fleet of total bicycles to 350 bicycles City-wide by end of 2011.
• Seven total check-out stations, including self-service and staffed, City-wide (not including
major employer fleets).
• Promotion of bicycle safety education materials to all FCBL members and participating
partners.
Page 21 of 23
EXHIBIT B-OPTION LETTER [SAMPLE OPTION LETTER]
Date: State Fiscal Year: I 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-fl: 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 ME
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 22 of 23
EXHIBIT C-BILLING FORM
COLORADO DEPARTMENT OF TRANSPORTATION-Division of Transportation Development
Cunlractur/Agency Name: Invoice Number:
Contract Number: Invoice[)ale:
Contract Effective Dale: CuntraclorNendor Contact Person:
Contract Billing Period: Contractor/Vendor Contact Phone
Number:
Transaction Date Check Tracking Number Payee Name Amount Service/Good Received
Total
Less Local Match Remit to,
Total Reimbursement Request
Value or Contract(Original+Any Amendments):
Billed Prior to This Invoice:
Current Invoice Amount:
Balance of Contract After Invoice:
/certify that the goods and/or services included is this invoice were true and necessary expenses to accomplish the goals of the contract:
By: Date:
Contractor/Vendor
Approved By: Date:
CDOT
Page 23 of 23
ATTACHMENT 2
yY4 i;
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 onthe CSU 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
Dave Kemp
FC Bikes Coordinator I
250 North Mason Street
PO Box 580
Port Collins,CO 80522
To whom it may concern,
On behalf of the Fort Collins Bicycle Advisory Committee(a subcommittee of the Port Collins
Transportation Board),1 am writing this letter of support for the rC Bikes program and the Port
Collins Bike Library. !
The PC Bikes program has been instrumcatal,ili our conutiutiity for providing bicycle education i
programs,bicycle planning for infrastructure such as bike lanes and bike trails,and creating a
r
bicycle culture.where people feel safe to ride for recreation,commuting,and trips to the store. !
The port Collins Bike Library has extended,this bicycle way of life to visitors from out of town
or anyone whojust wants to borrow a bike.'.lust this weekend I followed an,out of town tourist
on a library bike down Spring Creek Trail to the Drake Fanners Market.The opportunity for
folks visiting to try out thelocaffood and local bike trails backs up what Money Magazine and
others have said about the`livability"of this town.The importance of continuing encouragement
and education activitics for cyclists as well reaching out to other conununiiics to create more
bike friendly region is what PC Bikes 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
Port Collins Bicycle Advisor'Committee—Vice-chair
1
a
C10fl® ®
Lm�,
Mr.David Kemp
Bike Coordinator
City of Fort Collins
Fort Collins.CO 80524
May 26,2009
Re:FC Bikes coordination at CSU
DK,
I would like to thank you for the continued support and efforts that you have made on behalf of
FC Bikes here at CSU. As you know,in estimated 15,000bikes,resideoil 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 newly
formed campus bike library,bike education using the Co-exist campaign and other CSU/City
based programs to further promote bicycling in our community. 'these cfl'orts have quickly
benefited both the CSU and greater Fort Collins community as bicycling is an important part of
our community culture.
`v','e hope to continue our work with you and the FC Bikes program in this importantjoint
partnership.
i
Thank you,
I
i
David Hansen
Landscape Architect,Facilities Management
Colorado State University
Cc:Fred 1-laberecht,file
Colorado State University Facilities Management fort Collins,CO 80523 ,
Bicycle Advisory Committee
February 8, 2010 minute ATTACHMENT 3
DRAFT
b. FC Bike Library Program Presentation and Discussion.
The information was presented by Kathleen Bracke, DK Kemp and Jeff Morrell. A detailed
agenda item summary had been provided to the committee prior to the meeting. The contract
with the CDOT for the federal funding portion of the program will be considered for approval
at the February 161h council meeting. Bracke explained the structure of the overall budget.
Kemp described the background, 2008-2009 accomplishments and 2010-2011 goals. Jeff
Morrell provided more detail on operation and user numbers and comments.
Questions and discussion at the end of the presentation by committee members included:
Gould asked if the new library lending sites use volunteers for operations. Kemp replied that
in the potential hotel or bike shop locations,existing employees on s t=would probably be
used.
Scutchan pointed out that there should be more Bike Libra y access,,and visibility in south
Fort Collins. Further discussion included the opportuni`tyfor=a bike libr anchor at the
South Transit Center. Other possible library sites could beat, bike shopsopthe Mason
Corridor at Laurel,NRRC, and Troutman.
Chris Gaughan pointed out that new Fort Collins Museum and`Discovery Science Center at
Cherry and Mason (and the Poudre Bike Trail)could be-a -excellent site for a north anchor
bike library branch. Gs
Clint raised the possibility of the bike libraryy being involved with pedicabs. Could there be a
possibility of volunteer Pedi cabbies bringing ifiC ii ds=for the bike library from pedicab
fares.
y
c.2010 Work PlandImplementation.
Gould noted thaat;the a are alr d"y two groups oaf BOAC members involved in activities t are
closely related to items in the IT Work Plan.`Several committee members have n
instrumental in the fo a ion of the=Bicycle and'Pedestrian Education Coaliti his activity
is strongl5gle uoo the first em in thMbrk Plan.Additionally, a new committee
ChairrPrice Ius�Cutter, Gould<and Holcombe) focused on placement hare the Road
Signis at work. Thi activity fits bto Bicycle Facilities"Interim utions"portion of the
Wok Plan. Gould prop sed that these activities should be do ented in an addendum to our
Work Planjand Board Member reports on the meeting ag a should provide regular updates
on theseli'lNivities as necess ry.
6. Reports
Staff.
Kathleen reminded the B of the March 3`d Plan Fort Collins kick-off event
which is being co-s o red by the City, Community Foundation, and UniverCit
Zported
st at 6 PM with a social hour followed by futurist Thomas Fry
o 9 PM at the Lincoln Center. Everyone is encouraged to attend
guests.
at the development of the Bike Map and Ride Guide is still in
will be a Bike Lunch talk on Wednesday, Feb. 10 at the El Monte
RESOLUTION 2010-007
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
OBTAINING A CONGESTION MITIGATION AND AIR QUALITY GRANT
IN SUPPORT OF THE FC BIKE LIBRARY PROGRAM
WHEREAS,the FC Bike Library Program(the"Program")has been awarded a Congestion
Mitigation and Air Quality ("CMAQ") grant from the North Front Range Metropolitan Planning
Organization and the Colorado Department of Transportation("CDOT") to support the Program's
efforts for the fiscal year 2010 and 2011 funding cycles; and
WHEREAS, the Program, which offers patrons the ability to obtain the temporary use of a
bicycle, has become very popular in the City and has been greatly beneficial to the community by
attracting over 4,200 bike users and generating over 44,840 vehicle miles traveled as of September
2009; and
WHEREAS,federal CMAQ funds have been awarded to supportthe Program in the amount
of$82,790 for the 2010 fiscal year budget and $82,790 for the 2011 fiscal year budget for a total
grant in the amount of$165,580, with the City providing "in kind" matching funds in the amount
of$17,210, for each year; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Mayor enter into the intergovernmental agreement with CDOT for the purpose of obtaining the
CMAQ funding to support 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 receiving Congestion
Mitigation and Air Quality funding in the amount of$165,580 in support of fiscal years 2010 and
2011 operation of the FC Bike Library Program with the City to provide matching"in kind" funds
in the amount of$34,420 to be divided equally between the 2010 and 2011 budget fiscal years.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 23rd
day of February, A.D. 2010.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 011, 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 BIKE LIBRARY PROGRAM
WHEREAS, the Fort Collins Bike Library Program (the "Bike Library Program") was
created in 2008 and has received positive reviews on a local and national level for its economic,
environmental, and social impacts; and
WHEREAS, the Bike Library Program allows patrons to borrow a bike,just as they would
borrow a book at a public library, for use in the City; and
WHEREAS, the City contracts with Bike Fort Collins, a local non-profit cycling
organization, to manage and operate the Bike Library Program; and
WHEREAS,the City Council has adopted Resolution 2010-007 authorizing the City to enter
into an intergovernmental agreement with the Colorado Department of Transportation to obtain
Congestion Mitigation & Air Quality ("CMAQ") funding for the Bike Library Program; and
WHEREAS, the City has been awarded CMAQ grant funding from the North Front Range
Metropolitan Planning Organization and Colorado Department of Transportation in the amount of
$165,580; and
WHEREAS, the grant funds will be used to improve marketing and operational practices,
incorporate additional bicycles and check-out stations, and include additional community partners
such as schools, businesses, and non-profit organizations; and
WHEREAS,the matching funds for the.Bike Library Program are provided by means of in-
kind services and no additional City funds are required to operate and expand the Bike Library
Program for 2010 and 2011; 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 ONE HUNDRED SIXTY-FIVE THOUSAND FIVE HUNDRED EIGHTY
DOLLARS($165,580)for expenditure in the Transportation Services Fund for the Fort Collins Bike
Library Program.
Introduced, considered favorably on first reading, and ordered published this 23rd 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