HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/04/2014 - ITEMS RELATING TO FC BIKES PROGRAMAgenda Item 5
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AGENDA ITEM SUMMARY March 4, 2014
City Council
STAFF
Tessa Greegor, FCBikes Program Manager
SUBJECT
Items relating to FC Bikes Program.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 030, 2014, Appropriating Unanticipated Grant Revenue in the
Transportation Services Fund for the 2014 Fort Collins Bikes Program.
B. First Reading of Ordinance No. 031, 2014, Appropriating Unanticipated Grant Revenue From Kaiser
Permanente in the Transportation Services Fund for the 2014 Fort Collins Bikes Program.
The purpose of this item is to request appropriation of unbudgeted grant funds received for the FC Bikes
Program: (1) a Congestion Mitigation & Air Quality (CMAQ) grant (2014-2016) and (2) a Kaiser Foundation
Health Plan of Colorado (KP) grant (2014). The City of Fort Collins’ FC Bikes Program received a $704,128
federal grant (CMAQ) through the Colorado Department of Transportation and the North Front Range
Metropolitan Planning Organization. This is in addition to the City’s local match of $146,372, as appropriated in
2013 by City Council. In addition, the FC Bikes Program received a $94,100 private grant from Kaiser
Permanente (KP) through a Walk & Wheel - Local Government grant. A local match is not required for the KP
grant. Funding from both grants will support FC Bikes Program initiatives, allowing for the refinement and
expansion of existing services, including enhancements to bicycle safety education programs, expansion of
encouragement campaigns, and new bicycle promotion initiatives, while also supporting the development and
implementation of the 2014 Fort Collins Bicycle Master Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Funding from both grants will be used to staff and operate the FC Bikes program through implementation of
the services and projects outlined in Exhibit A of Attachment 1 (CDOT Grant Agreement) and Attachment 3
(KP grant application). Both scopes have been reviewed and approved by the appropriate entity (CDOT and
KP) in accordance with the Congestion Mitigation & Air Quality and KP Walk & Wheel - Local Government
funding program requirements respectively (Attachments 1 and 2).
The City’s FC Bikes Program continues to be a regional and national leader in encouraging, educating, and
planning for bicycling as a safe and attractive means of transportation. In 2013, the League of American
Bicyclists designated Fort Collins as a “Platinum-level Bicycle Friendly Community”. In addition, the U.S.
Census Bureau reported that bicycle commuters within the City of Fort Collins account for 7.9% of the overall
commuting population (2012 American Community Survey). This is a relatively high percentage when
compared to the national percentage of less than 1%.
Despite a relatively high percentage of bicycle commuters in Fort Collins, a significant percentage of the
population experiences barriers to bicycling. The funding received through KP and CMAQ will allow FC Bikes
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to implement initiatives to break down barriers to bicycling with the goal of increasing the comfort and safety of
bicycling for people of all ages and abilities. The FC Bikes program will work with community partners including
the City’s Safe Routes to School Program and the Bicycle Pedestrian Education Coalition to implement a
variety of initiatives. Specific objectives of the grants include:
Education and Encouragement (Seasonal Campaigns): FC Bikes will expand its educational and
encouragement programs to promote safe bicycling for people of all ages and abilities.
Bicycle Ambassador Program and Junior Ambassador Program: FC Bikes, in collaboration with the
Bicycle and Pedestrian Education Coalition, launched the Bicycle Ambassador Program (BAP) in 2012. This is
a comprehensive, volunteer-based bicycle safety education program for residents of Larimer County. This
program has recruited and trained approximately 32 volunteers. Staff will develop, translate and print new
materials, market and promote the program at a variety of events and venues to increase the number of BAP
volunteers. In addition, FC Bikes will partner with Safe Routes to School and the Poudre School District to
launch a Junior Bicycle Ambassador Program, creating and fostering growth of high school, middle school and
elementary school bicycle activities.
Open Streets Initiative: FC Bikes and partnering organizations will organize and implement car-free streets
events to promote active transportation. FC Bikes will host two events in 2014, three events in 2015, and four
events in 2016.
Clean-Air Elementary School Challenge: In partnership with Safe Routes to School, FC Bikes will conduct
in-school marketing and outreach at individual schools to encourage parents, teachers, and children to
improve air quality levels through walking, bicycling, and turning off idling cars.
Regional Coordination and Planning: With the adoption of the regional bike plan, FC Bikes will continue to
work with regional partners (including the MPO and BPEC) to share best practices and resources, coordinate
funding requests, implement the Regional Bike Plan and advance regional bicycle safety education initiatives.
Funding will support hosting regional conferences and educational events (including guest speaker fees,
educational and promotional materials, and regional ambassador outreach), regional trainings, and the hosting
of a regional bike safety and education summit.
End of Trip Facilities: FC Bikes will expand bicycle parking facilities throughout the community. Off-street
and on-street bike parking facilities will be designed, purchased and installed with public and private partners.
In addition, funding will be used to install bike repair stations and other end-of-trip facilities, as appropriate.
Automated Bike Share: As a component of the City’s plans to expand and augment the City’s current Bike
Library, FC Bikes will develop an operational and marketing plan for an automated bike share system. Funding
through this grant will be utilized to develop a business, system and implementation plan, as well as for
outreach, marketing and promotion to increase participation in the program.
Bicycle Plan Update (2014): The City’s Bicycle Plan is scheduled for an update in 2013/2014. FC Bikes staff
and consultants will evaluate existing conditions and identify deficiencies in the bikeway system, update the
City’s proposed bikeway and wayfinding network and develop future recommendations to advance bicycling as
a primary transportation mode in Fort Collins.
Wayfinding system: A component of the Bike Plan update will include the development of a wayfinding
system (including network planning, designing and purchasing of signage).
City of Fort Collins bicycle map update: As part of the City’s Bike Plan update, a comprehensive set of data
will be collected to evaluate existing conditions and to support the development of an up-to-date bicycle level
of comfort map.
Bicycle Count Technology: The City will implement an Eco-TOTEM bike counter that will count and visually
display the number of cyclists passing by. The counter will detect cyclists in both directions and the total
number of cyclists will increase in real-time, promoting and marketing bicycling to the general population. The
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Eco-TOTEM counter will be installed along a key bicycling corridor. Data will be tracked and displayed online
as part of this program.
Boltage Demonstration Project: Formerly referred to as the “Freiker” program, this program encourages
children, parents, and teachers to bike to school using radio frequency identification (RFID) and an incentive
program. One elementary school or one middle school will be selected each year. Funding will cover
equipment costs, promotion and marketing.
In addition to implementing and updating the City’s 2008 Bicycle Master Plan and 2011 Bicycle Safety
Education Plan, these projects directly support the City Plan and the City’s Transportation Master Plan:
City Plan: Policy SW 2.3 - Support Active Transportation
Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by
continuing bike and pedestrian safety education and encouragement programs, providing law
enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and
safe use, as outlined in the Pedestrian Plan and Bicycle Plan.
Transportation Master Plan: Policy T 8.1 - Support Active Transportation
Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by
continuing bike and pedestrian safety education and encouragement programs, providing law
enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and
safe use
FINANCIAL / ECONOMIC IMPACT
Ordinance No. 30, 2014 appropriates $704,128 in Federal Congestion Mitigation & Air Quality (CMAQ) funds
awarded to the City for the FC Bikes program for 2014, 2015 and 2016. This CMAQ funding provides 82.79%
of the program budget ($850,500). The local matching funds required for this project have previously been
approved by City Council. Ordinance No. 031, 2014 appropriates $94,100 in private Kaiser Permanente Walk
& Wheel funds awarded to the City for the FC Bikes program for 2014. This KP funding does not require a
local government match; however, it will supplement other FC Bikes Program funding to fully implement the
initiatives identified in the grant.
Appropriation of the Federal CMAQ grant will be non-lapsing funding, pursuant to Article V, Section 11 of the
City Charter. Appropriation of the private KP grant will be lapsing funding and require re-appropriation to spend
funds in subsequent budget years if not all grant funds are spent in 2014.
Many governmental and nonprofit research organizations are beginning to quantify the economic benefits of
active transportation. Economic savings are a clear result when people shift away from motor vehicle use,
particularly for short trips, and opt instead to bike. These savings are realized by both individual families as
well as the larger community.
Choosing to bike translates to personal savings for families through fewer car trips and reduced costs for
vehicle maintenance and fuel. For the larger community, reduced automobile emissions combined with a more
physically active populace translates to lower health-care costs by reducing the incidence of disease
associated with physical inactivity and air pollution.
Shifts to active transportation modes also impact the community’s economy through less wear and tear on
roadways (reducing road maintenance expenditures) and higher home values in areas with less traffic
congestion and air pollution. In addition, research has demonstrated the economic benefits associated with
bike-friendly streets by providing increased access for people traveling by bike to access local businesses.
ENVIRONMENTAL IMPACTS
Public-health and environmental agencies are recognizing the connection between active transportation
choices and improved health of both people and the environment.
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According to the Centers for Disease Control and Prevention (CDC):
“Expanding the availability of, safety for, and access to a variety of transportation options and
integrating health-enhancing choices into transportation policy has the potential to save lives
by preventing chronic diseases, reducing and preventing motor-vehicle-related injury and
deaths, improving environmental health, while stimulating economic development and
ensuring access for all people.”
With this goal in mind, the CDC has identified transportation policies that can have a profound positive impact
on health. CDC supports strategies that can provide a balanced portfolio of transportation choices that
supports health and reduces healthcare costs. Transportation policy can:
Reduce injuries associated with motor vehicle crashes;
Encourage healthy community design;
Promote safe and convenient opportunities for physical activity by supporting active-
transportation infrastructure;
Reduce human exposure to air pollution and adverse health impacts associated with these
pollutants;
Ensure that all people have access to safe, healthy, convenient, and affordable transportation.
Bicycling contributes highly to the City’s environmental and health goals. The FC Bikes program encourages
and educates residents, students, commuters, and visitors about the benefits of bicycling, while working across
departments and with community partners to implement plans and projects to encourage bicycling.
Specifically, by advancing opportunities for safe bicycling, the FC Bikes program helps reduce greenhouse gas
(GHG) emissions while increasing physical activity opportunities across the community.
PUBLIC OUTREACH
The FC Bikes grant applications were developed by the City’s FC Bikes and FC Moves staff after consultation
with key partners, including the Bicycle and Pedestrian Education Coalition and the City’s Safe Routes to
School Program. The grants will support implementation of key programs and initiatives identified in the City’s
2008 Bike Plan and 2011 Bicycle Safety Education Plan, both vetted by key stakeholders, agency
representatives and community members. In addition, the FC Bikes program receives public input on a regular
basis through public presentations, e-mails, open house events, and phone calls. FC Bikes works to integrate
citizens’ comments and suggestions into everyday operations.
Public outreach will continue throughout the grant timeline. Feedback through program evaluations and
through the Bike Plan update process will be used to refine current and future programs to be responsive to
community needs.
ATTACHMENTS
1. 2014 CMAQ FC Bikes (PDF)
2. KPCO Grant Agreement (PDF)
3. KP Grant Application (PDF)
CDOT – Division of Transportation Development
SAP PO #: 0491000461
CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287
DUNS # N/A
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STATE OF COLORADO
Colorado Department of Transportation
Division of Transportation Development
Congestion Mitigation and Air Quality (CMAQ) Grant Agreement
with
CITY OF FORT COLLINS
TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................................... 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ...................................................................................... 1
3. RECITALS ................................................................................................................................................................ 2
4. DEFINITIONS .......................................................................................................................................................... 2
5. TERM ........................................................................................................................................................................ 3
6. STATEMENT OF WORK ........................................................................................................................................ 4
7. PAYMENTS TO GRANTEE .................................................................................................................................... 4
8. REPORTING - NOTIFICATION ............................................................................................................................. 5
9. GRANTEE RECORDS ............................................................................................................................................. 6
10. CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................................................... 6
11. CONFLICTS OF INTEREST .................................................................................................................................. 7
12. REPRESENTATIONS AND WARRANTIES ........................................................................................................ 7
13. INSURANCE .......................................................................................................................................................... 8
14. BREACH ................................................................................................................................................................. 9
15. REMEDIES ............................................................................................................................................................. 9
16. NOTICES and REPRESENTATIVES .................................................................................................................. 12
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................................. 12
18. GOVERNMENTAL IMMUNITY ........................................................................................................................ 12
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................................... 12
20. GENERAL PROVISIONS .................................................................................................................................... 13
21. COLORADO SPECIAL PROVISIONS ............................................................................................................... 15
22. SIGNATURE PAGE ............................................................................................................................................. 17
23. EXHIBIT A ........................................................................................................................................................... 18
24. EXHIBIT B ........................................................................................................................................................... 25
25. EXHIBIT C ........................................................................................................................................................... 26
26. EXHIBIT D ........................................................................................................................................................... 28
27. EXHIBIT E ............................................................................................................................................................ 30
28. EXHIBIT F ............................................................................................................................................................ 31
29. EXHIBIT G ........................................................................................................................................................... 33
30. EXHIBIT H. .......................................................................................................................................................... 38
1. PARTIES
This Grant (“Grant”) is entered into by and between CITY OF FORT COLLINS (“Grantee”), and the
STATE OF COLORADO acting by and through the Colorado Department of Transportation, Division of
Transportation Development (“State” or “CDOT”). Grantee and the State hereby agree to the following
terms and conditions.
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee (“Effective Date”). Except as provided in Section 7(B)(v), the State shall not be
liable to pay or reimburse Grantee 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.
CDOT – Division of Transportation Development
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3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in CRS §§43-1-106, 43-1-110; 43-1-117, 43-1-224, 43-2-101(4)(c),
30-28-105, 29-1-203 MAP-21, SAFETEA_LU, 23 USC §104 and 23 USC §149 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.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
Having been awarded this Project under the current Statewide Transportation Improvement Plan (STIP),
Grantee, who is responsible for the Continuing, Comprehensive, and Cooperative (3C) Urban
Transportation Planning Process, desires to enter into a grant with CDOT to develop, implement, and
monitor its Congestion Mitigation and Air Quality (“CMAQ”) Project for their Carbon Monoxide
Nonattainment Area(s), financed by the use of Congestion Mitigation and Air Quality funds in accordance
with FHWA and State policies.
CDOT desires to enter into this Grant for such Services from Grantee by obtaining federal financial
assistance for congestion mitigation and air quality programs through FHWA, provided that the project is
performed in accordance with the terms and conditions contained in this Grant and in accordance with
applicable federal laws and regulations.
D. References
All references in this Grant 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. Budget
“Budget” means the budget for the Work described in Exhibit A.
B. CMAQ
“CMAQ” means Congestion Mitigation and Air Quality.
C. Evaluation
“Evaluation” means the process of examining Grantee’s Work and rating it based on criteria established in
§6 and §19.
D. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work and
Budget), Exhibit B (Supplemental Requirements for Exhibit A), Exhibit C (Payment and Billing), Exhibit
D (Program Reporting-Notification-Monitoring Requirements), Exhibit E (Records-Additional
Provisions), Exhibit F (Grantee Payment Checklist), Exhibit G (Supplemental Federal Provisions-
FFATA), and Exhibit H (Billing Form).
E. Federal Funds
“Federal Funds” means the funds provided by the Federal Highway Administration (“FHWA”) and the
Federal Transit Administration (“FTA”) to fund performance of the Work.
F. Goods
“Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
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G. Grant
“Grant” means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference
under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references
incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies.
H. Grant Funds
“Grant Funds” means available funds payable by the State to Grantee pursuant to this Grant.
I. Local Funds
“Local Funds” means the funds provided by any Grantee to fund performance of the Work.
J. Manual
“Manual” refers to the CDOT Operating Manual for MPO Transportation Planning.
K. Party or Parties
“Party” means the State or Grantee and “Parties” means both the State and Grantee.
L. Products
“Products” means the work produced as a result of the Work for this Grant.
M. Program
“Program” means the Congestion Mitigation and Air Quality Program (CMAQ) grant program that
provides the funding for this Grant.
N. Review
“Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in
accordance with the criteria established in §6and Exhibit A.
O. Services
“Services” means the required services to be performed by Grantee pursuant to this Grant.
P. Subgrantee
“Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations.
Q. Work
“Work” means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit A, including the performance of the Services and delivery of the Goods.
R. Work Product
“Work Product” means the tangible or intangible results of Grantee’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
A. Initial Term-Work Commencement
The Parties respective performances under this Grant shall commence on the Effective Date. This Grant
shall terminate on March 1, 2017 unless sooner terminated or further extended as specified elsewhere
herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend
the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement
Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension
thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to
prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two-
month extension shall immediately terminate when and if a replacement Grant is approved and signed by
the Colorado State Controller.
C. Other Modifications to Term
The term may be extended beyond the period specified in Section 5A only by means of an amendment to
this Grant.
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CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287
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6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or
before March 1, 2017. The State shall not be liable to compensate Grantee for any Work performed prior
to the Effective Date or after the termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee’s or Subgrantees’
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
D. Federal Laws, Rules and Regulations
If the Grant Funds involve federal funding, Grantee understands and agrees that federal laws, rules and
regulations will control the Work and its implementation. Unless a written waiver is granted, Grantee
agrees to comply with all required federal laws, rules and regulations applicable to the Work, in addition to
all State requirements.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and
using the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $704,128, as determined by the
State from available funds. Grantee agrees to provide any additional funds required for the successful
completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as
set forth in Exhibit A.
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Grant shall comply with State Fiscal Rules and be made in
accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment
requests by submitting invoices to the State in the form and manner set forth and approved by the
State.
ii. Interest
The State shall fully pay each invoice within 30 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by
the State within 30 days may, if Grantee so requests, bear interest on the unpaid balance beginning on
the 31st day at a rate not to exceed one percent per month until paid in full; provided, however, that
interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall
invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the
delinquent payment, the number of day’s interest to be paid and the interest rate.
iii. Available Funds-Contingency-Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State’s current
fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing availability of State
appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are
used with this Grant in whole or in part, the State’s performance hereunder is contingent upon the
continuing availability of such funds. Payments pursuant to this Grant shall be made only from
available funds encumbered for this Grant and the State’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 Grant, the State may immediately terminate this Grant in
whole or in part without further liability in accordance with the provisions herein.
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iv. Erroneous Payments
At the State’s sole discretion, payments made to Grantee in error for any reason, including, but not
limited to overpayments or improper payments, and unexpended or excess funds received by Grantee,
may be recovered from Grantee by deduction from subsequent payments under this Grant or other
Grants, grants or agreements between the State and Grantee or by other appropriate methods and
collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the
State.
v. Retroactive Payments
The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the
Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules and
regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such
retroactive payments shall comply with State Fiscal Rules and be made in accordance with the
provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting
invoices to the State in the form and manner set forth and approved by the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may adjust
budgeted expenditure amounts up to 10% between activities of said Budget without approval of the State.
Budget adjustments to activities exceeding 10% but less than 24.99% must be submitted in advance of
actual cost and receive written State approval, which approval may be transmitted informally by email or
such other means that does not rise to the level of an amendment to this Grant. A budget revision of
Exhibit A will be issued by the State with any such adjustment. Adjustments in excess of 24.99% for any
activity shall be authorized by the State in an amendment to this Grant which may also require an
amendment to Exhibit A. Budget adjustments shall not increase the State’s total consideration beyond the
maximum amount shown herein without an amendment to this Grant.
D. Local Funds
Grantee shall provide Local Funds as provided in Exhibit A. Payments to Grantee of Grant Funds will be
made for Project expenditures reported by Grantee and submitted to and accepted by the State for payment
based on the ratio of Federal Funds and Local Funds as shown in Exhibit A, which Grantee has submitted
to the State.
E. Payment Compliance
All Grant reimbursements shall comply with Title 49 Part 18 of the Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments. Additionally, Grantee shall only
be reimbursed for costs allowable under 2 CFR Part 125, Appendix A.
8. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and
in such form as prescribed by the State and in accordance with §19, if applicable.
A. Performance, Progress, Personnel, and Funds
Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an
Evaluation and Review of Grantee’s performance and the final status of Grantee's obligations hereunder. In
addition, Grantee shall comply with all reporting requirements, if any, set forth in the Manual and/or
Exhibit D.
B. 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 Grant or which may affect Grantee’s ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such pleadings to the State’s principal
representative as identified herein. If the State’s principal representative is not then serving, such notice and
copies shall be delivered to the Executive Director of CDOT.
C. Noncompliance
Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may
result in the delay of payment of funds and/or termination as provided under this Grant.
CDOT – Division of Transportation Development
SAP PO #: 0491000461
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D. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subgrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal and
State laws and shall provide that such subgrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records until the
last to occur of the following: (i) a period of three years after the date this Grant is completed or terminated,
or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be
necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that
an audit is pending, then until such audit has been completed and its findings have been resolved (the
“Record Retention Period”).
B. Inspection
Grantee shall permit the State, the federal government and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to
this Grant during the Record Retention Period for a period of three years following termination of this
Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to
evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable
times and places during the term of this Grant, including any extension. If the Work fails to conform to the
requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with
Grant requirements, at Grantee’s sole expense. If the Work cannot be brought into conformance by re-
performance or other corrective measures, the State may require Grantee to take necessary action to ensure
that future performance conforms to Grant requirements and exercise the remedies available under this
Grant, at law or inequity in lieu of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit the State, the federal government, and other governmental agencies having
jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of
this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures,
examination of program data, special analyses, on-site checking, formal audit examinations, or any other
procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly
interfere with Grantee’s performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this
Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the
address specified herein.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee shall comply with the provisions of this §10 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.
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A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to 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 Grantee shall be immediately forwarded to the State’s
principal representative.
B. Notification
Grantee shall notify its agent, employees, Subgrantees, 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 Grantee
or its agents in anyway, except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
confidential information wherever located. Confidential information shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee, the State or their respective agents. Grantee 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 Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10.
11. CONFLICTS OF INTEREST
Grantee 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 Grantee’s obligations hereunder. Grantee
acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the
State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any practices,
activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s
obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a
conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure
statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a
disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach
of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the
State in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and
diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant.
B. Legal Authority – Grantee and Grantee’s Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions
required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its
terms. If requested by the State, Grantee shall provide the State with proof of Grantee’s authority to enter
into this Grant within 15 days of receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other
authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain
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all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to
properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds.
Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation
or other foreign entity transacting business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to transact business in the State of
Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation,
withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times
during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS
§24-10-101, et seq., as amended (the “GIA”), then Grantee shall maintain at all times during the term
of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if
requested by the State. Grantee shall require each Grant with Subgrantees that are public entities,
providing Goods or Services hereunder, to include the insurance requirements necessary to meet
Subgrantee’s liabilities under the GIA.
ii. Non-Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth
in §13(B) with respect to Subgrantees that are not "public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing
Goods or Services in connection with this Grant, to include insurance requirements substantially similar to
the following:
i. Worker’s Compensation
Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance
covering all of Grantee and Subgrantee employees acting within the course and scope of their
employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c)
$1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire.
iii. Automobile Liability
If Grantee or Subgrantee is using a vehicle to perform the Work described in Exhibit A, automobile
Liability Insurance is required covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
iv. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability
Insurance policy (leases and construction Grants require additional insured coverage for completed
operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
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v. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance
program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without
at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in
accordance with §16 (Notices and Representatives) within seven days of Grantee’s receipt of such
notice.
vii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of
recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to
the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the
expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other
time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of
such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform
any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner,
constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or
similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of
its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything
to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and
may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this
§15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period
set forth in §14(B) provided that the State may terminate pursuant to §15(B) without a breach. The State may
exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively.
a) Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure
its completion in accordance with the provisions of this Grant and in a timely manner, the State may
notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter
fails to promptly cure such non-performance within the cure period, the State, at its option, may
terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to
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properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations
hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or
render further performance hereunder past the effective date of such notice, and shall
terminate outstanding orders and subcontracts with third parties. However, Grantee shall
complete and deliver to the State all Work, Services and Goods not cancelled by the
termination notice and may incur obligations as are necessary to do so within this Grant’s
terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's
right, title, and interest under such terminated orders or subgrants. Upon termination, Grantee
shall take timely, reasonable and necessary action to protect and preserve property in the
possession of Grantee in which the State has an interest. All materials owned by the State in
the possession of Grantee shall be immediately returned to the State. All Work Product, at the
option of the State, shall be delivered by Grantee to the State and shall become the State’s
property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of
termination. If, after termination by the State, it is determined that Grantee was not in breach
or that Grantee's action or inaction was excusable, such termination shall be treated as a
termination in the public interest and the rights and obligations of the Parties shall be the same
as if this Grant had been terminated in the public interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the
State for any damages sustained by the State by virtue of any breach under this Grant by
Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the
State’s damages, until such time as the exact amount of damages due to the State from
Grantee is determined. The State may withhold any amount that may be due to Grantee as the
State deems necessary to protect the State, including loss as a result of outstanding liens or
claims of former lien holders, or to reimburse the State for the excess costs incurred in
procuring similar goods or services. Grantee shall be liable for excess costs incurred by the
State in procuring from third parties replacement Work, Services or substitute Goods as cover.
b) Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or courts. If this Grant ceases to
further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole
or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations
hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or
breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall
specify the effective date of the termination and whether it affects all or a portion of this
Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same
obligations and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an
amount which bears the same ratio to the total reimbursement under this Grant as the Services
satisfactorily performed bear to the total Services covered by this Grant, less payments
previously made. Additionally, if this Grant is less than 60% completed, the State may
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reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed
under this Grant) incurred by Grantee which are directly attributable to the uncompleted
portion of Grantee’s obligations hereunder; provided that the sum of any and all
reimbursement shall not exceed the maximum amount payable to Grantee hereunder.
c) Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to
other remedies available to it:
i. Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of this Grant pending
necessary corrective action as specified by the State without entitling Grantee to an
adjustment in price/cost or performance schedule. Grantee shall promptly cease performance
and incurring costs in accordance with the State’s directive and the State shall not be liable for
costs incurred by Grantee after the suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily
made and completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee’s actions or inactions,
cannot be performed or, if performed, would be of no value to the State; provided, that any
denial of payment shall be reasonably related to the value to the State of the obligations not
performed.
iv. Removal
Request removal of any of Grantee’s employees, agents, or Subgrantees whom the State
deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose
continued relation to this Grant is deemed to be contrary to the public interest or not in the
State’s best interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while
performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or
Grantee the right to use such products and services; (b) replace any Goods, Services, or other product
involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither
of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products
and refund the price paid therefore to the State.
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16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices
required to be given hereunder shall be hand delivered with receipt required or sent by certified or
registered mail to such Party’s principal representative at the address set forth below. In addition to, but not
in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth
below. Either Party may from time to time designate by written notice substitute addresses or persons to
whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon
receipt.
A. State:
Betsy Jacobsen
Colorado Dept. of Transportation
4201 E. Arkansas Ave.
Denver, CO 80222
Betsy.Jacobsen@dot.state.co.us
B. Grantee:
Tessa Greegor
City of Fort Collins
281 N. College Ave
Fort Collins, CO 80524
tgreegor@fcgov.com
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Grantee agrees to provide to FHWA and the State 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
the Federal Government and CDOT purposes.All Work Product shall be delivered to the State by Grantee
upon completion or termination hereof.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions of theGIA, CRS §24-10-
101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence
of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is
controlled and limited by the provisions of the GIA and the risk management statutes, CRS §24-30-1501, et
seq., as amended.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective
Date or at anytime thereafter, this §19 applies.
Grantee 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
Grants and inclusion of Grant performance information in a statewide Contract Management System.
Grantee’s performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and
Guidance. Evaluation and Review of Grantee’s performance shall be part of the normal Grant
administration process and Grantee’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 Grantee’s obligations under
this Grant shall be determined by the specific requirements of such obligations and shall include factors
tailored to match the requirements of Grantee’s obligations. Such performance information shall be entered
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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 Grant term. Grantee 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 Grantee demonstrated a gross failure
to meet the performance measures established hereunder, the Executive Director of the Colorado
Department of Personnel and Administration (Executive Director), upon request by CDOT and showing of
good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee 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 Grantee, by the Executive Director, upon a
showing of good cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or subgranted
without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without
such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are
subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
arrangements and performance, which shall include monitoring the Work of Subgrantees.
B. Binding Effect
Except as otherwise provided in §20(A), 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 Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant 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 effect whatsoever, unless embodied herein.
F. Indemnification-General
Grantee 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 Grantee, or its employees, agents, Subgrantees, or assignees
pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the
GIA., or the Federal Tort Claims Act, 28 USC 2671 et seq., as applicable, as now or hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. Modification
i. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in
accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller
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Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS -
TOOLS AND FORMS.
ii. By Operation of Law
This Grant 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 Grant on the effective date of such change, as if fully set forth
herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents
in the following order of priority:
i. Exhibit G (Federal Supplemental Provisions),
ii. Federal laws and regulations,
iii. Colorado Special Provisions,
iv. The provisions of the main body of this Grant,
v. Exhibit C (Payments and Billing)
vi. Exhibit A (Scope of Work and Budget), and
vii. Additional Exhibits in order as they appear
J. Severability
Provided this Grant 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.
K. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance,
compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by
the State if Grantee fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State
is prohibited from paying for or reimbursing Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant 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 Grant are
incidental to the Grant, and do not create any rights for such third parties.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, 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.
O. CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance measures and standards
under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act,
CRS §24-72-101, et seq.
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21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1)
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. 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.
C. GOVERNMENTAL IMMUNITY
No term or condition of this Grant 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 USC §§1346(b) and 2671 et
seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee 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 Grantee or
any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its
employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay
when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this
Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability
or understanding, except as expressly set forth herein. Grantee 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.
E. COMPLIANCE WITH LAW
Grantee 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.
F. CHOICE OF LAW
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this grant. 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
Grant, to the extent capable of execution.
G. 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 Grant or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00
State or other public funds payable under this Grant shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Grantee is in violation of this provision, the State may exercise
any remedy available at law or in equity or under this Grant, including, without limitation, immediate
termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
CDOT – Division of Transportation Development
SAP PO #: 0491000461
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I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF 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 Grant. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee’s services and Grantee shall not employ any person having such known interests.
J. 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.
K. PUBLIC GRANTS 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] Grantee certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this Grant and
will confirm the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Grant, through participation in the E-Verify Program or the State
program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract
with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to
certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to
perform work under this Grant. Grantee (a) shall not use E-Verify Program or State program procedures to
undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify
the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a
Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate
the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days
of receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State
agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming
that Grantee has examined the legal work status of such employee, and shall comply with all of the other
requirements of the State program. If Grantee fails to comply with any requirement of this provision or
CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision
may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages.
L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101
Grantee, 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 Grant.
SPs Effective 1/1/09
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CDOT – Division of Transportation Development
SAP PO #: 0491000461
CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287
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22. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that
the State is relying on their representations to that effect.
GRANTEE
CITY OF FORT COLLINS
By:
____________________________________________
Print Name of Authorized Individual
Title:
___________________________________________
Print Title of Authorized Individual
__________________________________________
*Signature
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Transportation
Donald E. Hunt – Executive Director
______________________________________________
By: Donald E. Hunt, CDOT Executive Director
Signatory avers to the State Controller or delegate that Grantee has
not begun performance or that a Statutory Violation waiver has
been requested under Fiscal Rules
Date: _________________________
2nd Grantee Signature if Needed
By:
Print Name of Authorized Individual
Title:
____________________________________________
Print Title of Authorized Individual
______________________________________________
*Signature
Date: _________________________
LEGAL REVIEW
John W. Suthers, Attorney General
By:_______________________________________________
Signature - Assistant Attorney General
Date: _________________________
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State grants. This Grant is not valid until signed and dated below by
the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing
prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services
provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Colorado Department of Transportation
Date:_____________________
CDOT – Division of Transportation Development
SAP PO #: 0491000461
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23. EXHIBIT A – SCOPE OF WORK AND BUDGET
CMAQ FY (2013‐15, NFRMPO)
(City of Fort Collins, FC Bikes)
As of (September 30, 2013)
Project Title
(Use the same title as in your CMAQ
application.)
FC Bikes
Contact Information
(The agency name and key person
responsible for managing and
implementing the project.)
City of Fort Collins
Tessa Greegor
Agency Name City of Fort Collins
Agency Address (include city, state,
zip) 281 N College Ave, Fort Collins, CO 80524
Program Manager Phone Number 970-416-2471
Program Manager E-mail tgreegor@fcgov.com
Program Manager Fax Number 970-224-6057
Congressional District 4th
Program Overview Summary
(Provide a short, no more than one
paragraph, summary of your project –
what is the objective of your project
and how do you plan to implement it?
The purpose of the FC Bikes program is to change people’s transportation habits from
driving alone to riding a bicycle for transportation. The Program promotes cycling as a
safe and attractive means of transportation through shared resources and best practices
with the northern Colorado region; educating the public on bicycle safety; creating
awareness around bicycling as viable mode of transportation; and developing
partnerships to expand bicycle education and promotion throughout the community in
order to get more people riding.
Program Overview Details
Who is your key target audience? Residents of northern Colorado, including school-aged children, college-aged students,
business employees, seniors and motorists.
Where will your project take place? Fort Collins and northern Colorado
What is the general time-frame of your
project? (i.e. during the school year;
on-going throughout the year, etc.)
Ongoing, through December 2016
What are the key tasks of your project?
(Consider these measurements of
progress – what are the steps you’ll be
taking to implement your project?)
1) Education and Encouragement
Utilizing the strength of numerous community partners, FC Bikes will co-develop and
co-produce events and programs to encourage residents to replace motorized vehicle
trips with bicycle trips on a daily basis. The programs will include:
a. Seasonal Campaigns:
i. “Roll into Spring” (April): Spring events promote the Bicycle
Ambassador Program: Trail-side tent events (education, outreach
and promotion); Family Bike Rodeo; CSU Pedal for Pizza;
Lunch and Learn bike safety presentation for businesses;
Overland Mountain Bike Club trail day. Funding will cover
CDOT – Division of Transportation Development
SAP PO #: 0491000461
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Page 19 of 38
series, CSU campus education and encouragement events; Walk
or Bike a Child to School Day; Lunch and Learn presentations.
Funding will cover outreach, promotion and marketing, website
development and instructor fees.
iv. “Bike Winter” (December): Events include: Winter Bicyclist
Support – update and disseminate bicycle resources such as snow
route removal map, bike hazard reporting information, and
winter riding tips; Lunch Talk; Light up the Night; Winter
Cycling 101 Clinic; Winter Bike to Work Day and Winter Bike
to Work Worksite Challenge. Funding will cover outreach,
promotion and marketing, printing costs, and instructor fees.
b. Bicycle Ambassador Program – FC Bikes, in collaboration with the
Bicycle and Pedestrian Education Coalition, launched the Bicycle
Ambassador Program (BAP) in April 2012. This is a comprehensive,
volunteer-based bicycle safety education program for residents of Larimer
County. This program has recruited and trained approximately 32
volunteers (as of June 2013). In an effort to maintain and increase the
effectiveness and reach of the program, we will develop, translate and
print new materials, market and promote the program at a variety of
events and venues to increase the number of BAP volunteers, and provide
support to the Bicycle Pedestrian Education Coalition to further expand
the BAP. Funding will also support individualized marketing efforts to
residents of Fort Collins through BAP volunteers, and BAP instructor
fees.
c. Open Streets Initiative – FC Bikes and partnering organizations will
organize and implement car-free streets events to promote bicycling,
walking, skateboarding, rollerblading, safety, and exercise. FC Bikes will
host two events in 2014, 3 events in 2015 and 4 events in 2016. Funding
will support consultant fees for planning, marketing, promotion and
implementation of the Open Streets events.
d. Clean-Air Elementary School Challenge – In partnership with Safe Routes
to School, we will conduct in-school marketing and outreach to Principals
at individual schools to encourage parents, teachers, and children to
improve air quality levels through walking, bicycling, and turning off
idling cars. Resources from the Clean Air Campaign will be utilized. Staff
will collect baseline data about the amount of time that cars idle in school
drop-off zones before and after the campaign. In addition, bicycle and
pedestrian counts will be conducted at the beginning and end of the
semester for each of the four elementary schools (out of 25 elementary
schools) that participate each year. Funding will support in-school
marketing, signage and promotion, data collection interns, and equipment.
e. Junior Bicycle Ambassador Program – FC Bikes will partner with Safe
Routes to School and the Poudre School District work with parents,
students, and teachers to launch a Junior Bicycle Ambassador Program,
creating and fostering growth of high school bicycle activities. High
school students will be encouraged to help with Safe Routes to School
programming and mentor younger students about how to ride safely to
school, so they are seen as role models. We will coordinate classes and the
mentorship program to increase bicycle education and bicycling in
elementary schools and high schools. Funding will cover marketing,
promotion, equipment (t-shirts and safety vests) and instructor fees.
f. Safety and promotional items: lights, bells and stickers. Funding will
cover the purchase of lights, bells and stickers to support all education and
encouragement events. All will be branded with “FC Bikes.”
CDOT – Division of Transportation Development
SAP PO #: 0491000461
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2) Trainings and Conferences
FC Bikes staff will attend trainings hosted by Colorado Department of Transportation,
American Association of State Highway and Transportation Officials, National
Association of City Transportation Officials, American Planning Association,
Association of Pedestrian and Bicycle Professionals, League of American Bicyclists,
and other bicycle professionals. We intend to attend the following
trainings/conferences: APA (2014, 1 staff); Colorado Bicycle Summit (2 staff,
annually); Pro walk Pro Bike (2014, 2 staff); National Bike Summit (1 staff, 2014,
2016) and other local AASHTO/NACTO trainings.
3) Regional Coordination and Planning
FC Bikes helped coordinate a regional committee focused on advancing best practices
and developing the regional bike plan. With the adoption of the regional bike plan, FC
Bikes will continue to work with regional partners (including the MPO) to support
quarterly meetings in order to share best practices and resources, coordinate funding
requests, and implement the Regional Bike Plan. Funding will support hosting regional
conferences and educational events (including guest speaker fees, educational and
promotional materials, and regional ambassador outreach), regional trainings, and the
hosting of a regional bike safety and education summit.
4) End of Trip Facilities
FC Bikes will continue to expand bicycle parking facilities throughout the community.
Off-street and on-street bike parking facilities will be designed, purchased and installed
with public and private partners. In addition, we will install bike repair stations and
other end-of-trip facilities, as appropriate. Funding will cover the purchase of
approximately 25 bicycle racks (of varying styles) and 6 bike fix-it stations. Fix-it
stations are permanent bike pump and tool stations located at common bike areas.
5) Automated Bike Share
As a component of the City’s plans to expand/augment the City’s current Bike Library,
FC Bikes will develop an operational and marketing plan for an automated bike share
system. Funding will be utilized to develop a business, system and implementation
plan, as well as for outreach, marketing and promotion to increase participation in the
program.
6) Bicycle Planning, Facilities, & Design
We will assess existing conditions, identify deficiencies, and make improvements for
safer cycling. Projects include, but are not limited to the following:
Update the 2008 Bicycle Master Plan: The City’s Bicycle Plan is scheduled for an
update in 2013/2014. FC Bikes staff and consultants will evaluate existing conditions
and identify deficiencies in the bikeway system, update the City’s proposed bikeway
and wayfinding network and develop future recommendations to advance bicycling as a
primary transportation mode in Fort Collins.
Wayfinding system: A component of the Bike Plan update will include the
development of a wayfinding system (including network planning, design and
purchasing of signage). Funding will support sign purchase. City staff will do the
installation.
Update the City’s Bicycle Map: As part of the Bike Plan update, a comprehensive set
of data will be collected to evaluate existing conditions and to support the development
of an up-to-date bicycle level of comfort map. The bike map will be distributed
throughout the community at events, local businesses, bike shops, and along trails and
at parks. Funding will support map design and printing costs.
CDOT – Division of Transportation Development
SAP PO #: 0491000461
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Bicycle Count Technology: Through an inter-departmental effort, the City will
implement an Eco-TOTEM bike counter that will count and visually display the
number of cyclists passing by. The counter will detect cyclists in both directions and
the total number of cyclists will increase in real-time, promoting and marketing
bicycling to the general population. The Eco-TOTEM counter will be installed along
the City’s first bicycle boulevard to further promote bicycling along this corridor. Data
will be tracked and displayed online as part of this program.
Boltage Demonstration Project: Formerly referred to as the “Freiker” program, this
program encourages children, parents, and teachers to bike to school using radio
frequency identification (RFID) and an incentive program. One elementary school or
one middle school will be selected each year. Funding will cover equipment costs,
promotion and marketing.
7) Program Evaluation (see below)
Evaluation
How will you evaluate the
effectiveness of your program? (It is
not acceptable to simply say the project
will be evaluated upon completion –
please provide as much information as
possible regarding the type of
evaluation, the type of data you’ll be
collecting, how you’ll collect and
evaluate it, the timeframe you’ll be
conducting evaluations, etc.)
All events, campaigns, programs, and facilities will include an evaluation component to
determine if people are biking more, if bicycle safety is improving and if our efforts are
leading to increased knowledge about safe bicycling in the community. Ultimately, our
primary goals are to increase the number of people riding and to improve safety for all
roadway and trail users. FC Bikes will use the following evaluation program to
determine if we are reaching our goals:
1. Participation: the end goal of our program is to increase the number of people
bicycling in the community and surrounding region. To measure this, we will
do the following:
a. Conduct annual bicycle counts: The City of Fort Collins has a
comprehensive bicycle count program which includes volunteer
counts at trails and intersections, 12 permanent trail counters, and
intersection counts collected through the City’s Traffic Operations
division. This data, in addition to future data collected through the
Eco-TOTEM and Bike Share program, will be used to track the
increase in bicycling over time (along with gender, helmet use and
trip mileage).
b. Track program participation: We will collect counts on Bike to
Work Day, track participation in encouragement programs like the
Employee Worksite Challenge, and track the number of people we
are reaching through the Bicycle Ambassador Program and Safe
Routes to School programs.
c. Utilize participant surveys: surveys will also be used to determine if
participants have increased their level of bicycling as a result of the
program. For example, a post-survey will be conducted for our
Employee Worksite Challenge to determine if participants biked
more frequently as result of the program.
2. Bicycle Safety: to determine if our program has had a positive impact on
bicycle safety in Fort Collins and the region, the following will be measured:
a. Bicycle collision data
b. We will track the number of people we are reaching through our
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the number of people participating in regional challenges.
4. CO2 Reduction: as components of the Clean-Air Elementary Challenge and
the Boltage Demonstration Project, we will be able to collect data regarding
vehicle idling at target schools in conjunction with bicycle and pedestrian
count and trip information. This data will allow us to predict environmental
benefits due to more bicycling and walking (and reduced idling in school
zones).
Partnerships
Please list any organization that is a
pertinent partner with you in this
project.
The key partners associated with implementing this program include:
‐ City of Fort Collins (Safe Routes to School, Traffic Operations, Engineering,
and GIS)
‐ Colorado State University
‐ Bicycle Advisory Committee
‐ Bicycle Pedestrian Education Coalition
‐ FC Bike Library/Bike Fort Collins
‐ NFRMPO
‐ Poudre School District
REVISED BUDGET
Budget Overview Year 1 Year 2 Year 3 Total
Total Project Cost $850,500
CMAQ Federal Funds $704,128
Agency Local Match (include overmatch) $146,372
Match Percentage of overall project 17.21%
Are you using in-kind for any portion of
your local match? No
Budget Details
Salaries/Benefits/Admin Total $408,541
1) FC Bikes Program Manager
75% FTE (1,560 @
approx. $46/hr.
including benefits)
$67,652 $72,152 $74,106 $213,910
2) FC Bikes Program Specialist
75% FTE (1,560
@$32/hr. including
benefits)
$49,160 $50,248 $51,543 $150,951
3) FC Bikes Intern 20 hrs/week
@$14/hr $14,560 $14,560 $14,560 $43,680
Education and Encouragement $188,000
Seasonal Campaigns $45,000
Funding will cover the implementation of seasonal education and encouragement campaigns, including Roll into Spring, Bike
Summer, Bike Fall and Bike Winter. Specifically, funds will be used for promotion, marketing and outreach, purchase and
printing of materials (including banners and posters), and class instructor and speaker fees.
Bicycle Ambassador Program $45,000
Funding will cover promotional and marketing materials, development, purchase and printing of educational materials,
translation, equipment costs – specifically, safety vests and t-shirts (as uniforms) for BAP volunteers (est. $600/year), and BAP
instructor fees. In addition, funding will be allocated to the Bicycle Pedestrian Education Coalition to provide BAP coordination
and outreach.
Open Streets Initiative: consultant fees $40,000
FC Bikes will host two Open Streets events in 2014, 3 events in 2015 and 4 events in 2016. Funding will support event planning,
marketing and outreach of the Open Streets events.
CDOT – Division of Transportation Development
SAP PO #: 0491000461
CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287
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Funding will support production and distribution of outreach materials and event implementation costs.
Clean-Air Elementary School Challenge $6,000
Funding will support in-school marketing, signage and promotion and class instructor fees.
Junior Bicycle Ambassador Program $20,000
Funding will cover marketing, promotion, equipment – specifically, t-shirts (as uniforms) and safety vests (est. $600/year), and
instructor fees.
Promotional and safety items: Lights, bells and stickers $12,000
Funding will cover the purchase of lights, bells and stickers to support all education and encouragement events. All will be
branded with “FC Bikes.”
Trainings/Conferences $15,000
FC Bikes staff intends to attend the following trainings/conferences: APA (2014, 1 staff); Colorado Bicycle Summit (2 staff,
annually); Pro Walk Pro Bike (2014, 2 staff); National Bike Summit (1 staff, 2014, 2016) and other local AASHTO/NACTO
trainings.
Regional Bicycle Coordination $30,000
Funding will support hosting of regional conferences, safety summits, trainings and educational events (including guest speaker
fees, educational and promotional materials, and regional ambassador outreach).
End of Trip Facilities $29,000
Bike Racks $24,000
Funding will cover the purchase and installation of approximately 25 bicycle racks (of varying styles).
Bike Fix-it Stations $5,000
Funding will cover the purchase and installation of 6 bike fix-it stations. Fix-it stations are public bike pump and tool stations
located at common bike areas.
Automated Bike Share System $80,000
Marketing, outreach and promotion $20,000
Funding will be utilized for marketing, outreach and promotion.
Consultant fees $60,000
Funding will be utilized for consultant fees to develop a business, system and implementation plan
Bicycle Planning, Facilities and Design $57,959
Update the 2008 Bicycle Master Plan: Consultant fees $25,000
Funding will be used for consultant fees to evaluate existing conditions and identify deficiencies in the bikeway system, update
the City’s proposed bikeway network and wayfinding network and develop future recommendations to advance bicycling as a
primary transportation mode in Fort Collins.
Update the 2008 Bicycle Master Plan: Marketing and promotion $8,000
Funding will cover marketing and promotion materials to support the Bike Plan update.
Wayfinding system $14,959
Funding will support sign purchase. City staff will do the installation.
Update the City’s Bicycle Map $10,000
Funding will support map design and printing costs.
Evaluation $42,000
Bicycle Counters (eco-counter) $20,000
Funding will support equipment (totem counter) purchase and installation
Boltage Demonstration Project $22,000
Funding will cover equipment costs – specifically, Boltage system hardware (Zap Hardware), promotion and marketing. Each
Boltage Unit costs approximately $5,090. Additional funding will cover promotion and marketing costs.
Total sum $850,500
CDOT – Division of Transportation Development
SAP PO #: 0491000461
CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287
DUNS # N/A
Page 24 of 38
Timeframe
Year 1 Year 2 Year 3
1 2 3 4 5 6 7 8 9 10 1
1
1
2
1 2 3 4 5 6 7 8 9 1
0
1
1
1
2
1 2 3 4 5 6 7 8 9 1
0
1
1
1
2
Roll Into
Spring
x xxx x x x
Bike Summer x x xx xxxx x x xx
Bike Fall x x xx xx
Bike Winter x x xx xx
B.
Ambassador
P.
x x xx x x x xxxxxxxxxxxxxx x x x xxxxxxxx
Sunday
Bikeways
x xx xxx
Clean-Air x xx x x x x x x x
J. Amb.
Program
x x x x xxxxxx xxxxxx x x x x xxxxX
Trainings x x xx x x x xxxxxxxxxxxxxx x x x xxxxxxxx
Regional
Coordination
x x x x xx x x x xxxxxxxxxxxxxx x x x xxxxxxxx
End of Trip
Fac.
x x x xxx xxX
Auto. Bike
Share
xxxxxxxxxx
Bicycle
Facilities
x x xx x x x xxxxxxxxxxxxxx x x x xxxxxxxx
2013 Bike
Plan
x x xx x x x x
Bicycle
Counters
xx xx x x xx
Boltage xxx x x x
CDOT – Division of Transportation Development
SAP PO #: 0491000461
CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287
DUNS # N/A
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24. EXHIBIT B – SUPPLEMENTAL REQUIREMENTS FOR EXHIBIT A
A. Work
Per 23 C.F.R. 420.111, GRANTEE 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. GRANTEE shall take all reasonable steps to carry out all activities described
and identified in the Scope of 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. In
addition, GRANTEE 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.
B. Notice
Grantee shall not commence Work until the date specified by a written notice, which may be electronic,
and shall complete the Work within the period specified in the Grant unless the period or terms thereof are
extended according to this Grant.
C. Staff/Consultant Services
GRANTEE 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 GRANTEE to secure consultant Services must be reviewed by CDOT before GRANTEE 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 GRANTEE within 15 calendar days of
receipt of the comments. GRANTEE shall notify CDOT before executing any contract for consultant
Services which utilizes Grant funding.
D. Scope Amendment
Grantee shall amend Exhibit A in accordance with the terms of this Grant, when:
1.) Reallocating funds between activities in Exhibit A, as permitted pursuant to §7(C); and
2.) Adding or deleting activities listed in Exhibit A to reflect authorized reallocations permitted
pursuant to §7(C).
If any changes to Exhibit A (i) require an increase or decrease to the maximum amount of this Grant, (ii)
change the term of the Grant, or (iii) exceed the 24.99% threshold in §7(C) for any activitie, the Parties must
amend this Grant prior to such change being effective.
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25. EXHIBIT C – PAYMENTS AND BILLING
CDOT shall, in accordance with the provisions of §7, pay Grantee in the amounts and using the methods
set forth below:
1. Limited Availability of Funds
The amount of Federal Funds available to pay for theWork performed by Grantee in any one year is limited
by the amount of the allocated funds, made available through 23 USC § 104 (b)(3) and (f) as amended, and
49 USC 5303 as amended.
2. Additional Funds Use
CMAQ Federal Funds shall be used only to reimburse Grantee for eligible allowable costs incurred and
Grantee shall be solely responsible for all costs incurred that are either not allowable or which exceed the
funds available in the Grant as identified herein and/or in the Exhibit A.
3. Invoices
A complete invoice will include the applicable items in Exhibit F – Grantee Payment Checklist 01/19/2011.
4. Billing, Reimbursement, and Allowable Costs
A. Reimbursement
The Parties hereto expressly recognize that the Grantee is to be paid, reimbursed, or otherwise
compensated with funds provided to CDOT by the U.S. Department of Transportation for the purpose
of completing the Work and therefore, the Grantee expressly understands and agrees that all its rights,
demands, and claims to compensation arising under this Grant are contingent upon receipt of such
funds by CDOT.
B. Allowable Costs
CDOT shall not be obligated to use State funds under this Grant. CDOT’s use of Federal Funds shall
be to reimburse Grantee for allowable costs incurred by Grantee , as defined in this Grant. Grantee
shall be solely responsible for all costs incurred which are either not allowable or which exceed the
funds available in the Grant.
C. Allowable and indirect costs
Allowable and indirect costs may include but are not limited to those listed in 2 CFR 225, 2 CFR 220,
2 CFR 230, 49 CFR Part 18, or State Fiscal Rule 2-7: “Official Functions and Training Functions,”
whichever may apply. However, such costs shall be limited to those costs determined by the CDOT as
necessary to directly carry out the Work for this Grant. In determining the amount of allowable costs,
CDOT will exclude:
a) Any costs incurred by the Grantee before the execution of the Grant.
b) Any costs incurred by the Grantee that are not included in Exhibit A.
c) Any cost incurred by the Grantee after the termination date of this Grant as amended.
d) Memberships, subscriptions, and professional activities, which do not meet the following
requirements:
(1). Costs of membership in civic and community, social organizations are
allowable as a direct cost with the approval of the federal-awarding
agency;
(2). Costs of subscriptions to business, professional, and technical
periodicals;
(3). Costs of meetings, conferences, and conventions where the primary
purpose is the dissemination of technical information, including meals,
transportation, rental of meeting facilities, and other incidental costs;
or
(4). Costs of memberships in business, technical, and professional
organizations. However, costs of membership in organizations
substantially engaged in lobbying are not allowed and thus
unallowable.
e) Official Function Expenditures (as defined by Rule 2-7 of the Colorado State Fiscal
Rules), which do not qualify as a meeting, conference, meal or other function that is
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hosted by the MPO or Grantee staff and attended by guests and/or other MPO or
Grantee personnel, and held for official MPO or Grantee business. Expenditures
incurred for official functions shall be approved by the responsible MPO or Grantee
official.
D. Disallow Costs
CDOT has the right to disallow any costs incurred by the Grantee, which are not consistent with this
Grant, or on any activity not in compliance with the authorized Work.
E. Reimbursement Waiver
Grantee agrees that reimbursement of any cost under this Grant does not constitute a final CDOT
decision about the allowability of the costs and does not constitute a waiver of any violation by Grantee
of the terms of this Grant.
F. Certification
Upon submitting request for reimbursement, the designated representative of the Grantee has certified
that:
a) The costs are allowable, and therefore reimburseable;
b) The expenditure amount for that time period is correct;
c) The agreed upon Work has been performed and/or Work Product has been produced;
d) All Requests for Proposals and/or Requests for Qualifications have been forwarded to
CDOT for review and comment; and
e) Reimbursements are being requested in accordance with the terms of this Grant.
G. Expenditures
Along with the form requesting reimbursement, the Grantee shall include expenditures of Federal
Funds for Work. The information shall contain:
i. Budgeted amount;
ii. Expenditures for current billing cycle and year-to-date;
iii. Unexpended balance after current cycle;
iv. Percent expended year-to-date; and
v. Copies of Subcontractors invoices, if applicable based on agency tier.
H. Invoice
CDOT shall pay the Grantee’s voucher for expenditures incurred in performance of Work, up to the
maximum amount described in §7, and elsewhere in this Grant, subject to conditions specified herein,
within 30 days of receipt.
I. Documentation
The Grantee shall include documentation of expenses of Federal Funds for CMAQ Work. Such
information shall include but not be limited to the items listed in this Exhibit and Exhibit F of this
Grant as proof of documentation. For purposes of this Grant, a copy of each required invoice shall be
forwarded to the Division of Transportation Development-Business Office, along with a notice to the
Program Manager that the invoice has been sent to the Division of Transportation Development-
Business Office c/o Business Manager at:
4201 Arkansas Ave., Shumate Building, Denver, CO 80222
J. Reimbursement Method and Time
Grantee shall request reimbursement from CDOT for the eligible allowable cost of CMAQ funds for
eligible Work, and other costs as described in section 8 of this Grant, incurred during the grant fiscal
year within the limits of this Grant in compliance with federal and State law and other applicable
regulations. Reimbursement requests shall be submitted by the Grantee to CDOT monthly, or
quarterly, and will be reimbursed based on the ratio between Local Funds and Federal Funds in
Exhibit A, which shall not exeed the totals in Section §7(A) of this Grant.
K. Tier Classification
The Grantee will provide documentation of claimed expenses with each reimbursement request as
appropriate for their assigned tier classification.
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26. EXHIBIT D – PROGRAM REPORTING-NOTIFICATION- MONITORING REQUIREMENTS
Reports, Evaluations, and Reviews required under Sections 8 and 9 and this Exhibit, shall be in
accordance with the procedures as prescribed by the CMAQ guidance and the State.
A. Annual Report-CMAQ Reporter
Grantee shall be responsible to coordinate with its 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. GRANTEE 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, GRANTEE 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 Part19, and any supporting sections or amendments. The
provisions of this paragraph do not constitute a waiver of legal and administrative appeals available to
GRANTEE 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 GRANTEE pursuant to the terms of this Agreement to assure that the Scope is
being performed consistent with supporting federal laws and regulations, as amended, to enable the
preparation and submission of appropriate reports that will contain at a minimum:
1.) Comparison of actual performance with established goals during the program and once the program is
complete;
2.) Progress in meeting schedules;
3.) Comparison of budgeted (approved) amounts and actual costs incurred;
4.) Cost variances to budget;
5.) Approved program revisions; and
6.) Other supporting data
E. Performance, Progress, Personnel, and Funds
In responding to these requirements, CDOT will utilize the following steps and procedures to ensure that
assigned responsibilities are carried out:
1.) Monitoring Documents
CDOT will use the current Scope of Work, and supporting documentation, in reviewing the
progress being made by GRANTEE to meet the commitments in this Contract. The Scope of Work
must include all activities, deliverables, and performance measures, and Budgets committed to by
GRANTEE.
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2.) Monitoring Meetings
Meetings between Department and GRANTEE 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. Noncompliance
Any product that GRANTEE 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. Along with Section 8 of this Grant and in accordance with
49 CFR 18.43, the following steps will be implemented by CDOT:
1.) CDOT representative will meet with GRANTEE 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. GRANTEE will be notified of any decisions made by CDOT.
G. Subgrants
Along with Section 8 of this Grant, Grantee is responsible for monitoring the work activities of
subgrantees.
H. Additional Requirements for Rights in Data, Documents, and Computer Software
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 CDOT, and
Grantee.
Patents: In addition to the standard patent rights clauses of 37 C.F.R. §401 et. al, and other applicable laws
and regulations, CDOT, Grantee, and either party’s subrecipients are subject to the provisions of 37 CFR
part 401, governing patents and inventions whereby “The subgrantee or Grantee 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 Grantee's subject inventions.”
RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
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27. EXHIBIT E – RECORDS (additional provisions)
GRANTEE shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee and any Subgrantees shall maintain all books, records, and other documentation pertaining to
authorized Work and to completely substantiate all costs incurred and billed to CDOT during the Grant
term 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, FTA or the
Comptroller General of the United States, and copies thereof shall be furnished, if requested. Grantee shall
include this record keeping/audit requirement in any Subgrant with any Subgrantee employed to perform
Work by expressly requiring the Subgrantee to comply with this requirement.
B. Inspection of Grantee
In accordance with Section 9, 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 theWork. 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). An audit is
an allowable direct or indirect cost.
D. Final Audit Report
If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this
Grant, Grantee shall submit a copy of the final audit report to CDOT or its principal representative at the
address specified herein.
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28. EXHIBIT F – GRANTEE PAYMENT CHECKLIST
This checklist is to assist the Grantee in preparation of its billing packets to CDOT. This checklist is
provided as guidance and is subject to change. All items may not apply to your particular entity. CDOT’s
goal is to reimburse Grantees as quickly as possible and a well organized and complete billing packet
helps to expedite payment.
Invoice from local entity (Tier I and some Tier IIs)
Project and Project Code
Project Location
Invoice number and billing date
Previous Billed, Current Billing, and Billed to date
Local Agency Costs
Consultant or Sub-grantee costs
Federal portion
Local portion
Net payment due
Signature of local entity representative
Copies of invoices from local agency contractors (Tier I and some Tier IIs)
The specific document the contractor used to invoice the local agencies. The local agency is responsible for
ensuring that the backup matches the invoice and is eligible for reimbursement.
If the local agency pays the contractor a discounted amount, the full amount cannot be reimbursed to the local
agency, only the discounted amount, less the local agency match.
Please ensure all payment vouchers from the local agencies state “ok to pay” or some notation of when paid or
approved by, etc.
Invoice(s) should match check amounts.
A CDOT employee knowledgeable about the work being invoiced has to approve the local agency invoices in
order for CDOT to make payments; the invoice must be paid within 45 days of receipt according to state
statute.
Statements are not acceptable in lieu of an invoice.
Copies of checks (Tier I and Some Tier IIs)
All of the following are acceptable - copies of checks, check registers, approved accounting system generated
expenditure ledgers showing check number or Electronic Funds Transfer (EFT) and date paid.
CDOT needs to ensure that expenditures incurred by the local agencies have been paid by the local agency to
their contractors, before CDOT is invoiced by the local agency.
It is against DOT rules to bill CDOT before local agency contractors are paid.
Expenditure ledger (Tier I, II and III)
An expenditure ledger needs to be submitted of the local agency’s financial accounting system displaying the
accounting coding of all incurred expenditures that are eligible for reimbursement.
CFR 49 part 18 Section 18.20 Standards for financial management systems requires the local agencies to have
approved accounting systems so this should not be difficult to generate by project. The expenditure report is a
good summary page if there is substantial documentation.
If the local agency has copies of the invoice(s) and check(s) you do not need the expenditure ledger also, but
the invoices must be marked as approved for payment.
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If the approved accounting system expenditure report is provided, this shows all of the expenditures so there is
no question of whether these were paid. Excel spreadsheets are not approved expenditure reports except in a
few programs.
Time sheets (Tier I and some Tier IIs)
DOT requires all employees working on projects to provide time sheets with a breakdown of hours worked by
day displaying all projects worked for the day, week, month or time collection period. The time sheet must
also be signed or approved either in ink or electronically.
Backup documentation for payroll expenses includes the time sheet and an hourly or salary rate or a payroll
ledger indicating hours, wages, and benefits. The rate only needs to be submitted once and will be referred to
for future invoices.
If there is sensitive information such as social security number or addresses, please block that information.
If the local agency uses a temp agency and submits the invoice from the temp agency for reimbursement,
CDOT needs the same documentation the agency would use for approval before the local agency paid the
temp agency.
If the local agency used a quarterly or semester based system of timekeeping, the local agency cannot bill
monthly for payroll expenses (this is especially true for colleges and universities). The local agency needs the
backup from the timekeeping system and payroll records which would allow the local agency to bill quarterly
or by semester.
In kind matches – If an entity wishes to use in-kind match, it must be approved by CDOT prior to any work
taking place. (All Tiers)
If an in kind match is being used for the local match the in-kind portion of the project must be included in the
project application and scope of work attached to the contract or purchase order. FTA does not require pre-
approval of the use of in-kind, but CDOT does.
Expenditure ledger from local agency must also show the in kind match in their general ledger. CDOT needs
a copy of this general ledger showing the in kind match.
If the local agency is using in kind match on invoices to CDOT, they need to attach a drawdown page
indicating how much of the in kind match has been used.
Full documentation will be required on the use of in-kind match, regardless of the Tier held by the grantee.
Indirect costs (All Tiers)
If indirect costs are being requested, please submit an approved indirect letter provided by either CDOT or
other Colorado Department. The letter must state what indirect costs are allowed and at what percentage. The
indirect letter only needs to be submitted once and will be retained on file for future invoices. The indirect
cost plan must be reconciled to annual and an updated letter submitted each year.
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29. EXHIBIT G – SUPPLEMENTAL FEDERAL PROVISIONS-(FFATA)
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been
funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments
or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental
Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have
the meanings ascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives
or administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and
development agreements (CRDA) pursuant to the Federal Technology Transfer
Act of 1986, as amended (15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal
funds by non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if
the award is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section
1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public
Law 111-5).
1.2. “Contract” means the contract to which these Supplemental Provisions are attached and
includes all Award types in §1.1.1 through 1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with
Federal financial assistance, other than the Prime Recipient, and includes grantees,
subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting,
Contractor does not include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number
established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity.
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Dun and Bradstreet’s website may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-
Federal entity.
1.6. “Executive” means an officer, managing partner or any other employee in a management
position.
1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a
Federal agency to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is
referred to as the “Transparency Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that
receives an Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds
awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient’s
support in the performance of all or any portion of the substantive project or program for
which the Award was granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or
Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to
support the performance of the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the
Prime Recipient, including program compliance requirements. The term “Subrecipient”
includes and may be referred to as Subgrantee.
1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit
Data Universal Numbering System (DUNS) number that appears in the subrecipient’s
System for Award Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded
Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and
Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance
from the relevant Federal or State of Colorado agency or institution of higher education.
1.14. “System for Award Management (SAM)” means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be found
at http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive
during the Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the
following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life,
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health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The
Transparency Act also is referred to as FFATA.
1.17 “Vendor” means a dealer, distributor, merchant or other seller providing property or
services required for a project or program funded by an Award. A Vendor is not a Prime
Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal
award. Program compliance requirements do not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and
the regulations issued pursuant thereto, including but not limited to these Supplemental
Provisions. Any revisions to such provisions or regulations shall automatically become a part of
these Supplemental Provisions, without the necessity of either party executing any further
instrument. The State of Colorado may provide written notification to Contractor of such revisions,
but such notice shall not be a condition precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Data Universal Numbering System (DUNS)
Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor
submits the final financial report required under the Award or receives final payment,
whichever is later. Contractor shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor’s information in Dun & Bradstreet, Inc. at least annually after the initial
registration, and more frequently if required by changes in Contractor’s information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five
most highly compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts
and subcontracts and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required
in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No
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direct payment shall be made to Contractor for providing any reports required under these
Supplemental Provisions and the cost of producing such reports shall be included in the Contract
price. The reporting requirements in §7 below are based on guidance from the US Office of
Management and Budget (OMB), and as such are subject to change at any time by OMB. Any
such changes shall be automatically incorporated into this Contract and shall become part of
Contractor’s obligations under this Contract, as provided in §2 above. The Colorado Office of the
State Controller will provide summaries of revised OMB reporting requirements at
http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental
Provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply
to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is
below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the
Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the
initial Award is $25,000 or more, but funding is subsequently de-obligated such that the total
award amount falls below $25,000, the Award shall continue to be subject to the reporting
requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as
set forth below.
7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM
for each Federal Award Identification Number no later than the end of the month following
the month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT)
account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
7.1.5 Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are
met; and
7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective
date of the Contract, the following data elements:
7.2.1 Subrecipient’s DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own or
operate in his or her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation of
its most highly compensated Executives.
8.3 Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates “Award”
CDOT – Division of Transportation Development
SAP PO #: 0491000461
CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287
DUNS # N/A
Page 37 of 38
may include other items to be specified by OMB in policy memoranda available at the OMB
Web site; Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event
of default under the Contract and the State of Colorado may terminate the Contract upon 30 days
prior written notice if the default remains uncured five calendar days following the termination of
the 30 day notice period. This remedy will be in addition to any other remedy available to the State
of Colorado under the Contract, at law or in equity.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
CDOT – Division of Transportation Development
SAP PO #: 0491000461
CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287
DUNS # N/A
Page 38 of 38
30. EXHIBIT H – BILLING FORM
COLORADO DEPARTMENT OF TRANSPORTATION - Division of Transportation Development
Transaction Date Check Tracking Number Payee Name Amount Service/Good Received
I certify that the goods and/or services included in this invoice were true and necessary expenses to accomplish the goals of the contract:
By: _____________________________________________________________ Date: __________________________
Contractor/Vendor
Approved By: ____________________________________________________ Date: __________________________
CDOT
Contractor/Agency Name:
Contract Number:
Contract Effective Date:
Contract Billing Period:
Invoice Number:
Invoice Date:
Contractor/Vendor Contact Person:
Contractor/ Vendor Contact Phone
Number:
Total
Less Local Match Remit to:
Total Reimbursement Request
Value of Contract (Original + Any Amendments):
Billed Prior to This Invoice:
Current Invoice Amount:
Balance of Contract After Invoice:
GRANT AGREEMENT
A. PURPOSE OF GRANT
This grant from Kaiser Foundation Health Plan of Colorado (“Kaiser Permanente”) is made to the City of
Fort Collins (“Grantee”) for the purpose and with the conditions outlined below. Kaiser Permanente and the
City of Fort Collins are referred to in this Agreement as a “Party” or collectively as the “Parties”.
Grant Title: Walk & Wheel – Local Government
Grant Number: 20635503
Grantee Contact Person:
(include address, phone,
email)
Tessa Greegor
City of Ft. Collins
281 North College Ave
Fort Collins, CO 80522
970-416-2471
tgreegor@fcgov.com
Kaiser Permanente Contact
Person:
(include address, phone,
email)
Tristan Sanders, MPH
10350 East Dakota Ave
Denver, CO 80247
303-344-7959
Tristan.j.sanders@kp.org
Grant Purpose: Improve the active transportation infrastructure of local municipalities
Grant Goals: Increase walking and biking
Grant Amount: $94,100
Grant Period: January 1, 2014 to December 31,2015
Payment Schedule: One-time payment upon execution of agreement
Special Conditions. Grant Classification (re Financial Accounting Standards Board’s SFAS 116-117)
I. Unconditional [ ] II. Unrestricted [ ]
Conditional [X] Restricted [X]
Restricted grants can be used only to fund the stated purpose of the grant.
Conditional grants are paid only after the applicable condition has been met.
In addition to the specific terms listed above for Grant #20635503 (the “Grant”), the award of the Grant is
contingent upon the Grantee’s compliance with the following term(s) and condition(s):
• Grantee will participate in a kick-off planning meeting with the technical assistance team in
January/February 2014.
Together, the specific terms listed above, the following terms and conditions and all exhibits, appendices
and other attachments hereto form “the Agreement.”
B. GRANT TERMS & CONDITIONS
1. Use of Funds. Funds shall be used solely for the purposes stated in the grant application and
supporting documentation approved on December 11, 2013 to Kaiser Permanente. If for any reason the
Grant funds cannot be used for these purposes, the Grantee must obtain prior written approval from Kaiser
Permanente for the grant to be used elsewhere. If the Grant is intended to support a specific project or to
provide general support for a specific period, any portion of the Grant unexpended at the completion of the
project at the end of the period or not used for the Grant Purpose shall be returned immediately to Kaiser
Permanente, unless otherwise agreed by Kaiser Permanente in writing. Grantee agrees and covenants that
it will not expend any Grant funds for any purpose that is not charitable or educational, for any lobbying
activities, or for any purpose other than one specified in Section 170(c)(2)(B) of the Code. Grantee must
obtain prior written approval from Kaiser Permanente for changes to budgetary allocations that exceed the
lesser of five percent (5%) of the total budget of the Grant award or the amount of $25,000, and for
changes to the Grant period.
2. Tax-Exempt Status. Grantee represents and warrants that it is currently, and shall remain during
the grant period, a non-profit public benefit corporation exempt from federal income taxes under section
501(c)(3) of the Internal Revenue Code (the “Code”) and classified as a public charity, not a private
foundation, under section 509(a) of the Code (the “Code”), or a local, state or federal government agency
eligible under section 509(a) or under 26 USCA 115 of the Code to receive charitable contributions.
Grantee represents and warrants that there is no issue, audit or other proceedings presently pending
before any office of the IRS that could result in any proposed or actual changes to NCB Capital Impact’s
tax-exempt status under the Code. Grantee shall immediately notify Kaiser Permanente if Grantee’s tax-
exempt status is revoked, suspended or modified (or if there is any threatened or proposed revocation,
suspension or modification of Grantee’s tax-exempt status) during the Grant period.
3. Required Notification. Grantee is required to provide Kaiser Permanente with immediate written
notification of: (1) any changes in its tax-exempt status; (2) its inability to expend the Grant for the Grant
Purpose; (3) any expenditure from this Grant made for any purpose other than those for which the Grant
was intended; (4) any modification of the budget or timeline; (5) any significant changes in Grantee’s
leadership or staffing; and (6) any change in Grantee’s named contact persons or address.
Contemporaneously with executing this Agreement, Grantee shall notify Kaiser Permanente of Grantee’s
program officer with responsibility for Grantee’s administration of the Grant.
4. One-Time Nature of Grant. The Grant funds represent a one-time contribution to the Grantee, are
subject to fulfillment by the Grantee of its obligations under this Agreement and do not signify that
additional grant support will be awarded after the defined Grant Period.
5. Acknowledgement. Grantee shall obtain Kaiser Permanente’s prior written consent for the text of
any proposed publicity concerning this Grant prior to the release of such publicity. All publicity concerning
the Grant will acknowledge Kaiser Permanente. In addition, Grantee will implement the guidelines in
Appendix One hereto to the extent possible, and make appropriate use, as applicable, of the examples and
other materials provided in Appendix Two hereto, in connection with visibility and acknowledgment. Kaiser
Permanente may include information regarding this Grant, including the amount and purpose of the Grant,
any photographs the Grantee, the Grantee’s logo or trademark, or other information or materials about the
Grantee’s organization and activities, for Kaiser Permanente’s publications, periodic public reports,
newsletters, and news releases.
6. Record-keeping. Grantee shall maintain accounting records sufficient to identify Grant funds and
to whom and for what purpose such funds are expended. Further, Grantee shall make such records
available for inspection by representatives of Kaiser Permanente and maintain such records for at least four
(4) years following the year in which all Grant funds are fully expended. Grantee also agrees to provide
any other information reasonably requested by Kaiser Permanente.
7. Non-discrimination. Grantee shall not discriminate on the basis of sex, age, economic status,
educational background, race, color, ancestry, national origin, sexual orientation, gender identity, or marital
status in their programs, services, policies, and administration.
8. Prohibited Uses. In no event shall Grantee use all or any part of the grant to (a) satisfy
government imposed fines, fees, or taxes, (b) satisfy legal settlements, judgments, or awards, (c) support
political advocacy, partisan activities, impermissible gifts to or on behalf of state and federal government
officials, lobbying, or election campaigns excluding ballot initiatives and public health policy advocacy not
permitted by Internal Revenue Code, Section 501(c)(3) or by Kaiser Permanente policies, or (d) support
activities, events, or programs organized or solely sponsored by alcohol, tobacco, or pharmaceutical
companies.
9. Reasonable Access for Evaluation. At Kaiser Permanente’s request, Grantee will permit Kaiser
Permanente and its representatives to conduct site visits and have reasonable access during regular
business hours to Grantee’s files, records, accounts, personnel and clients or other beneficiaries for the
purpose of making financial audits, verifications or program evaluations as Kaiser Permanente deems
necessary or appropriate concerning this Grant award.
10. Right to Modify or Revoke Payments. Grantee rights to payments made under this Grant are
contingent upon Grantee’s compliance with the terms of this Agreement. Kaiser Permanente reserves the
right to discontinue, modify or withhold any payments under this Grant award or to require a total or partial
refund of any Grant funds if, in Kaiser Permanente’s sole discretion, such action is necessary: (i) because
Grantee has not fully complied with the terms and conditions of the Grant and of this Agreement, including
without limitation, Grantee’s loss of tax-exempt status or Grantee’s use of Grant funds for purposes other
than the Grant Purpose; (ii) to protect the purpose and objectives of the Grant or any other charitable
activities of Kaiser Permanente; or (iii) to comply with the requirement of any law, regulation, or regulatory
agency policy applicable to Grantee, Kaiser Permanente, or this Grant.
11. Termination. Without limitation of the foregoing, this Agreement may be terminated early by
a. mutual agreement of the parties, evidenced by a writing duly executed by both Parties,
b. 30 calendar day advance written notice by either Party to the other, or
c. immediately upon notification by either Party for material uncured breach by the other Party.
The Party alleging breach must provide notice that specifically identifies the nature of the
breach. The Party in breach has 30 calendar days in which to cure the breach.
12. Return of Unexpended Funds. If this Agreement is terminated early for any reason, Grantee will
return to Kaiser Permanente all unexpended funds from the Grant.
13. Insurance. Kaiser Permanente and Grantee will both maintain their own independent insurance
coverage for employees, volunteers and the overall organization. Each Party will notify the other Party
immediately in the event that there is a coverage change that affects the contractual obligations of this
Agreement.
14. Indemnification
a. By Kaiser Permanente. Kaiser Permanente will indemnify and hold Grantee, its officers,
directors, employees and agents, harmless from any third party claims, fines, or penalties
against Grantee (including reasonable costs of defense) that arise from Kaiser Permanente’s
negligence or willful misconduct in the performance of its obligations under this Agreement,
except to the extent that such claims, fines, or penalties were cause by Grantee’s negligence,
willful misconduct, or failure to comply with its obligations under this Agreement.
b. By Grantee. To the extent permitted by law, and without waiving any provisions of the
Colorado Governmental Immunity Act grantee will indemnify and hold Kaiser Permanente its
officers, directors, employees and agents, harmless from any third party claims, fines, or
penalties against Kaiser Permanente (including reasonable costs of defense) that arise from
Grantee negligence or willful misconduct in the performance of its obligations under this
Agreement, except to the extent that such claims were caused by Kaiser Permanente’s
negligence, willful misconduct, or failure to comply with its obligations under this Agreement.
c. Notification and Cooperation. If either Party seeks indemnification under these provisions, it
must notify the other Party within 30 calendar days of receipt of notice of the claim, fine, or
penalty, and cooperate fully with the other Party in the defense of the claim.
d. Settlement and Compromise. No settlement or compromise of a claim subject to this
indemnification provision will be binding on the Party providing indemnification without that
Party’s prior written consent. The indemnifying Party will not unreasonably withhold such
consent of a settlement or compromise.
15. Limitation of Liability. Neither Party has any liability to the other Party for special, incidental,
indirect, or consequential damages. However, this limitation will not apply to personal injury caused by
negligence or willful misconduct, and does not affect either Party’s indemnification obligations under the
provisions of Section 14 above.
16. Independent Contractor
a. Relationship of the Parties. The relationship between the Parties is that of independent
contractor and not one of partnership, agent and principal, employee and employer, joint
venture, or otherwise.
b. Direction. Kaiser Permanente will not be subject to the supervisory direction of Grantee in
regard to the performance of this Agreement, nor will Kaiser Permanente supervise any
employees of Grantee.
c. Taxes and Withholding. Each Party is responsible for paying the salaries and benefits of its
own employees, for providing its employees with workers’ compensation insurance, and
withholding or paying all required federal and state taxes and for complying with all
employment-related laws.
d. Authority. Neither Party has the authority to bind or obligate the other in any way, nor will it
represent that it has such authority.
17. No Assignment or Delegation. Grantee may not assign, or otherwise transfer, its rights or
delegate any of its obligations under this Grant without prior written approval from Kaiser Permanente. Any
change of ownership or control of Grantee shall be deemed an assignment. The change in elected officials
shall not be deemed a change of ownership or control.
18. Reporting
a. Grantee shall engage in regular communication with Kaiser Permanente to enable Kaiser
Permanente to stay abreast of the project’s progress, discuss and revise project goals as
needed and agreed upon by both parties, discuss any additional needs or concerns related to
the project, and identify ways to connect the project work to ongoing Kaiser Permanente work
focused on community benefit initiatives. Such communication may include, at Kaiser
Permanente’s request, reporting at informal meetings on a quarterly basis.
b. At minimum, Grantee shall submit written report(s) on progress made towards project goals
stated in grant proposal to Kaiser Permanente, as follows:
Report Due Date
Colorado common grant report Annually
c. Submit data reports summarizing the following:
i. Colorado common grant report
d. Grantee will be required to submit data and information on an annual basis on the following
items, to include, but not limited to:
• Financial statement of dollars spent
• Most recent financial audit, if applicable
• Most recent 990
• Colorado common grant report
19. Compliance. Grantee shall (i) maintain, in full force and effect, all required governmental or
professional licenses and credentials for itself, its facilities and it employees and all other persons engaged
in work in conjunction with this Grant, and (ii) perform its duties and obligations under this Agreement
according to industry standards and in compliance with all applicable laws. As an organization with
numerous contracts with the federal government, Kaiser Permanente and its affiliates are subject to various
federal laws, executive orders and regulations regarding equal opportunity and affirmative action. This
Section constitutes notice that Grantee may be required to comply with the following Federal Acquisition
Regulations (each a “FAR”) at 48 CFR Part 52, which are incorporated herein by reference: (a) Equal
Opportunity (April 2002) at FAR 52.222-26; (b) Equal Opportunity for Special Disabled Veterans, Veterans
of the Vietnam Era, and Other Eligible Veterans (Sept. 2006) at FAR 52.222-35; (c) Affirmative Action for
Workers with Disabilities (June 1998) at FAR 52.222-36, and (d) Utilization of Small Business Concerns
(May 2004) at FAR 52.219-8. In addition, Executive Order 13495 concerning the obligations of federal
contractors and subcontractors to provide notice to employees about their rights under Federal labor laws,
or its successor, shall be incorporated herein by reference.
20. Miscellaneous. This Agreement shall be governed by the laws of the State of Colorado, without
regard to its conflict of law principles. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original and all of which shall, together, constitute one and the same
instrument. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective, permitted successors and assigns. This Agreement, including any exhibits, appendices and
attachments (all of which are incorporated into this Agreement by this reference), is the entire agreement of
the parties with respect to the subject matter herein, and supersedes any and all other prior or
contemporaneous agreements, promises, negotiations or representations, whether oral or written. This
Agreement, including exhibits, appendices and attachments, may not be amended except in a writing
signed by each party. By accepting this Grant, Grantee certifies to Kaiser Permanente that (i) no tangible
benefit, goods, or services have been received by any individuals or entities connected with Kaiser
Permanente, and (ii) this Grant will not be used or deemed by the Grantee to satisfy the payment of any
pledge or other personal financial obligation on behalf of the donors of Kaiser Permanente.
21. Notices. Notices given pursuant to this Agreement shall be addressed to the appropriate Party at
the address set forth on the signature page hereof and shall be effective: (i) on the date of delivery if given
in writing and hand delivered; (ii) on the date received, if sent by overnight courier with written proof of
receipt, or by First Class United States Mail with postage prepaid and return receipt requested; (iii) on the
date confirmation is received if sent via facsimile with printed confirmation from the receiving Party; or (iv)
the date sent by electronic mail (if an email address is provided below) so long as the sending Party does
not receive a message in return that the electronic message is undeliverable. Refusal to accept delivery
will be deemed receipt. A Party may change its notice address for purposes of this Agreement by giving
written notice to the other Party.
22. Grantee Signature. By signing this Agreement the Grantee signatory acknowledges that he/she
has read and understood the Agreement, he/she has the authority to sign this Agreement and bind Grantee
thereto, and that Grantee hereby accepts and agrees to perform all of the terms and conditions of this
Agreement. (This document must be signed by the organization’s Executive Director or CEO).
23. Kaiser Permanente Signature. By signing this Agreement KP signatory acknowledges that
he/she has read and understood the Agreement, he/she has the authority to sign this Agreement and bind
KP thereto, and that KP hereby accepts and agrees to perform all of the terms and conditions of this
Agreement.
C. SUBMITTAL
Please mail signed Agreement to:
Janet Emerson
Kaiser Foundation Health Plan of Colorado
Community Benefit & Relations
10350 East Dakota Ave
Denver, CO 80247
Janet.Emerson@kp.org
(office) 303.344.7756
Authorized Personnel
Name: ___________________________________________________________
Title: ___________________________________________________________
Organization: The City of Fort Collins
Address: ___________________________________________________________
Date: ___________________________________________________________
Signature: ___________________________________________Date: ___________
Vice President
Name: ___________________________________________________________
Title: ___________________________________________________________
Organization: Kaiser Foundation Health Plan of Colorado
Address: ___________________________________________________________
Date: ___________________________________________________________
Signature: ___________________________________________Date: ___________
APPENDIX ONE
Kaiser Foundation Health Plan of Colorado
Grantee Guidelines for Publicity
We hope to develop a publicity partnership with you to share the good news about the important work
represented in your grant. Please educate your constituents and the community about this. We want to work
together to collaborate on joint press releases and press conferences. We appreciate knowing in advance
when preparing such announcements so we can be sure all external communication is coordinated. We can
also assist you with questions on how to leverage media to communicate these efforts.
When preparing announcements about programs funded through this grant, please follow these general
guidelines:
• Refer to our organization as “Kaiser Permanente” for materials used within our state, and “Kaiser
Permanente Colorado” for any materials used nationally in distribution or presentation.
• Please contact us for a copy of our logo via email; please indicate how you plan to use the logo – in
print, broadcast or electronic form – so we send the correct format.
• Please include one of these references when writing or speaking about Kaiser Permanente.
• Prior to distributing news externally, please contact russell.h.taylor@kp.org.
Email a copy, clip or notification of publicity efforts to:
Russell Taylor
Kaiser Permanente Colorado
10350 E. Dakota Avenue
Denver, CO 80247
(303) 344-7447 (office)
(303) 344-7277 (fax)
russell.h.taylor@kp.org
.
APPENDIX TWO
SAMPLE NEWS RELEASE
FOR IMMEDIATE RELEASE
<Date>
For more information: <Contact name> <Contact phone number(s)>
KAISER PERMANENTE COLORADO AWARDS <DOLLAR AMOUNT> GRANT TO <NAME OF YOUR
ORGANIZATION>
[CITY] – … through the generous contribution of Kaiser Permanente Colorado,
<Your text about the grant and what it will accomplish>
About Kaiser Permanente Colorado
Kaiser Permanente Colorado is the state’s largest nonprofit health plan, proudly working to improve the lives
and health of Colorado residents for more than 40 years. Kaiser Permanente Colorado provides
comprehensive health care services to more than 545,000 members through 27 medical offices and a network
of affiliated hospitals and physicians. The health plan was named “Highest in Member Satisfaction” among
Commercial Health Plans by J.D. Power and Associates for the sixth straight year. Kaiser Permanente was
recognized by the National Committee for Quality Assurance (NCQA) as the top-ranked commercial health
plan in Colorado and the fourth ranked Medicare plan in the nation. Kaiser Permanente was also recently
recognized as a 2012 Hypertension Champion by Million Hearts™. In 2012, Kaiser Permanente proudly
directed more than $92 million to community benefit programs to improve the health of all Coloradans. For
more Kaiser Permanente news, visit kp.org/share or follow us on Twitter @kpcolorado or
facebook.com/kpcolorado.
###
Top 10 ideas for publicly celebrating your grant
1. Notify your staff about the grant and congratulate them.
2. Send a letter of congratulations to your board, members, friends, and members of the community who support
your organization.
3. Tap into local media. We ask that you please acknowledge Kaiser Permanente’s contribution when speaking with
the media.
• Write a press release to alert media about the grant.
• Write an editorial for local media to highlight your service to the community. Include a visual with a
caption to help tell your story. A picture is worth a thousand words.
• Attend editorial board meetings to educate local newspapers about your organization and the important
role it plays in your community. Take along representatives of the public you serve, such as your
community partners, leaders of local community, elected officials who support your work, board members,
or friends of your organization.
• Contact local news and talk shows. Invite reporters from a morning news program to broadcast or tape a
story about your organization. Identify a spokesperson from your organization to appear on radio or
television talk shows.
4. Host a reception or open house for the community to learn about your programs and services and to help
celebrate your grant.
5. Design a commemorative banner or poster to display in your lobby. Please acknowledge Kaiser Permanente’s
contribution.
6. Share your success with visitors and others through printed postcards and posters at your site. Please
acknowledge Kaiser Permanente’s contribution.
7. Share news of the grant on Facebook and other social media outlets. Please acknowledge Kaiser Permanente’s
contribution.
8. Write a feature story about the grant for your newsletter, annual report, or website. Please add a link to Kaiser
Permanente’s Community Benefit website, kp.org/communitybenefit
9. Call us to see if we have a Kaiser Permanente professional who can speak at your organization’s events.
10. We also invite you to send us photos and stories about how the grant has benefited your organization so we can
help share your story. Send copies of press clips about the grant to Kaiser Permanente:
Russell Taylor
Community Benefit & Relations
Communications Consultant
Kaiser Permanente Colorado
10350 East Dakota Avenue
Denver, CO 80247
office: 303-344-7447
email: Russell.H.Taylor@kp.org
Kaiser Permanente
in the Community
2012 Numbers
at a Glance
Invested $92 million in
Community Benefit services,
partnerships, and programs.
Provided over 25,000 Coloradans
with health care coverage through
Medicaid and Child Health Plan Plus
(CHP+) programs, as well as our
Charitable Health Coverage
subsidized health insurance product.
Invested $11.7 million in workforce
development and advancement,
including education and training.
Dedicated 8,693 employee hours,
which is over $300,000, to
community service projects;
engaged with more than 200
nonprofit community partners.
Reached more than one
(1) million Coloradans through
our public health initiatives with a
focus on healthy eating and active
living since 2007.
Provided 519 programs and activities
to over 164,000 Coloradans through
our Educational Theatre Programs;
served almost three (3) million
people since 1985.
Providing Support and Giving Back
to our Colorado Communities
OUR MISSION is to provide high-quality, affordable health care services
to improve the health of our members and the communities we serve.
As the largest nonprofit health plan in the state, we believe everyone has
the right to high-quality health care. For more than 44 years, we have
helped improve the health of Coloradans through a variety of efforts,
including charitable contributions, sponsorships, preventative health
education, community service work, and community health initiatives.
Our goal is to help Coloradans thrive.
We understand that good health extends beyond the doctor’s office and
the hospital. To be completely healthy, people need access to healthy and
nutritious foods, clean air, successful schools, safe parks and playgrounds.
Good health for the entire community requires equity as well as social and
economic well-being.
We’ve committed our resources to helping the most vulnerable people in
our communities gain access to quality health care services and expertise,
focusing our efforts on the following key areas:
Health Access
• Care and coverage for low-income people
• Safety net partners
• Addressing health disparities
Healthy Environments
• Community health initiatives
• Environmental stewardship
Health Knowledge
• Developing and disseminating information
Community Service
kp.org
Kaiser Permanente Colorado in the Community
Health Access
Care and coverage for
low-income Coloradans
Improving access to health care for people
with limited incomes is fundamental to our
mission. We make health care affordable to
people living with limited financial resources,
through our innovative Charitable Health
Coverage program and through traditional
charity care in our medical offices and
partner hospitals. We also participate in
public programs such as Medicaid, Child
Health Plan Plus (CHP+); and Medicare
low-income programs.
Care equity
The Care Equity Project (CEP) is a
collaborative effort to assist community
health care providers, Kaiser Permanente
staff, and physicians in improving health
equities for patients living with limited
financial resources. The project supports
the increasing number of people living with
limited financial resources who are seeking
medical care by personalizing the type of
care, promoting empathetic care, and
enriching the quality and hospitality of
health care delivery. Our Educational
Theatre program partners with CEP
through educational offerings and
experiential activities.
Safety net partners
We work closely with community health
centers, public hospitals, and health
advocacy groups to exchange knowledge
kp.org
and expertise for improvement and
expansion of services. We provide them
with technical assistance, educational
and financial support. Through workforce
development, building clinical capacity,
improving quality, and supporting effective
clinic-to-community integration, we help
build safety net capacity.
Healthy Environments
Healthy communities
and schools
We support sustainable, comprehensive
efforts in schools, worksites, and
neighborhoods that affect the overall health
of our communities.
Our goal is to surround people with healthy
choices by influencing public policy and
organizational practices. LiveWell Colorado
and Healthy Eating/Active Living (HEAL) are
multifaceted approaches to combat obesity
and related health conditions. HEAL is
promoted in schools through our Educational
Theatre Programs. We work on increasing
access to healthy affordable food, walking
12
Kaiser Permanente Colorado Grant Request:
FC Moves/FC Bikes
7. Organization Background
7.1 What is your organization's mission?
150 word limit
FC Moves is a department within the Planning, Development & Transportation Service Area of the City of
Fort Collins. The mission of FC Moves is to provide safe, convenient, sustainable transportation choices for
residents and visitors of all ages and abilities through planning, advocacy, and community programs.
7.2 Briefly describe the history and purpose of this organization.
250 word limit (218)
The City of Fort Collins has a long history of supporting active, healthy transportation choices. Planning
efforts throughout the 1990’s, including the adoption of a Transportation Master Plan and Bicycle Plan, led to
the development of a transportation work program focused on balance and sustainability. As a part of the
City’s commitment to providing innovative, world-class municipal services, the FC Moves Department was
created to ensure the concepts of modal shift, active transportation, and sustainability are fully incorporated
into the organizational culture. FC Moves accomplishes its mission through three programs: the FC Bikes
Program, Safe Routes to School (SRTS), and Transportation Planning. This three-pronged approach ensures
that long range (planning) needs as well as current (programming) needs are met.
The FC Bikes program encourages bicycling as a viable and healthy means of transportation for Fort Collins'
residents, employees and visitors of all ages and abilities. Through advocacy, programming and planning,
the FC Bikes program seeks to increase bicycling while creating and maintaining a bicycle-friendly
community atmosphere. SRTS seeks to increase the number of students and parents safely walking and
bicycling to school. Transportation Planning strives to create a balanced transportation system for all modes.
The focus of this proposal is on FC Bikes, which will partner with SRTS and Transportation Planning staff in
the implementation of this grant.
7.3 Describe how the organization strives to be inclusive in its programs, staff,
board, and volunteers. Describe the progress to date.
250 word limit
FC Moves recognizes that:
Transportation is essential to the “Triple Bottom Line” for sustainability;
Transportation is a key factor in public health and safety; and
Transportation choices contribute to the overall livability of the community.
Therefore, the organization works to support social equity by making safe and sustainable transportation
choices available to all people. We look to collaborate across a variety of internal departments, as well as
diverse community organizations. Specific focus includes additional outreach to women, minorities, and low-
income individuals. For example, FC Moves has sponsored women-specific bike events and programs to
foster women in bicycling (most recently, the Women’s Criterium as part of the USA Pro Challenge), offered
scholarships and free classes to people of all income levels, supported bicycle programs in low-income
communities, and in coordination with Vida Sana (a community coalition addressing health disparities among
Hispanic/Latinos and low-income community members in North Fort Collins) and BPEC, conducted outreach
to the Hispanic community.
7.4 Describe the role of the board of directors in advancing the mission of the
organization. Include the key issues related to board effectiveness that are being
addressed this year, the organization's policy regarding board terms, and the
percentage of the board that contributes financially or in-kind to the organization.
500 word limit (210)
The City Council serves as the community's legislative body, having responsibilities for enacting City
ordinances, appropriating funds to conduct City business, and providing policy direction to City staff. By
provision of the City Charter, Council has the power of appointment over the City Manager, City Attorney, and
Municipal Court Judge. City Council has been supportive of the FC Bikes Program and of efforts to promote
bicycling as sustainable and healthy transportation across all segments of the community. For example, the
Mayor regularly makes a proclamation to the community about Bike Month, and City Council approved a
budget item specifically dedicated to bringing Fort Collins up to the Platinum Bicycle Friendly Community
designation.
Note: The City does not keep a list of City Council affiliations, but City Council members are required to
disclose conflict of interest related to all meeting agenda items. We are not aware of any KP executives,
managers, directors, physicians or other employees or their family members who serve as board members,
directors, officers, manager, employees, or fiduciaries of FC Bikes or the City of Fort Collins, have a
compensation arrangement with FC Bikes or the City of Fort Collins, or hold any position of substantial
influence with respect to FC Bikes or the City of Fort Collins.
7.5 Provide a brief description of the organization's current programs. Include
population and numbers served for the most recent year (include year). Include
information on outcomes, lessons learned and identify the major funders of the
work.
500 word limit (485)
The FC Bikes work plan originates from the 2008 Bicycle Plan, the 2011 Bicycle Safety Education Plan, and
the 2010-11 Transportation Master Plan. FC Bikes reaches thousands of people annually through its
programs and services. Through extensive partnerships with the business community, community
organizations, school districts and local and regional agencies, FC Bikes implements a comprehensive set of
strategies, services and programs to increase the number and safety of people bicycling in Fort Collins and
throughout the area. The FC Bikes Program is largely funded through a Congestion Mitigation and Air Quality
(CMAQ) grant with additional City funding through the Keep Fort Collins Great (KFCG) and Building on
Basics (BOB) sales tax initiatives.
FC Bikes’ primary programs include the following:
Planning, Evaluation and Project Implementation:
FC Bikes is guided by the City’s adopted transportation plans and is currently beginning the process of
updating the City’s 2008 Bike Plan and 2011 Bicycle Safety Education Plan. The update process will include
data collection and public outreach to determine deficiencies and opportunities in the current bicycle system.
Once adopted, the FC Bikes program will focus on implementation of the policies, programs and projects as
recommended in the plan. In addition to planning and implementation, FC Bikes collects data about bicycling
and walking and supports other departments in the design and implementation of bicycle infrastructure.
Education, Encouragement and Outreach:
FC Bikes manages a variety of education, encouragement and outreach events and campaigns focusing on
reaching new populations and increasing the level and safety of bicycling in our community. For example, FC
Bikes coordinates Bike Month activities in June and December, seasonal Bike to Work worksite challenges,
Traffic Skills 101 courses, bicycle commute and safety classes, and share the road campaigns. In 2013,
1,008 new cyclists participated in Bike to Work Day with 3,551 participants overall.
In 2012, in partnership with the Bicycle Pedestrian Education Coalition (BPEC), FC Bikes launched the
Bicycle Ambassador Program to train volunteers to teach bicycle education classes and promote safe
bicycling. The Bicycle Ambassador Program has trained 34 ambassadors; in 2012, 11 presentations were
offered and 14 booths were staffed at a variety of events through this program. In addition, four presentations
and one booth were provided in Spanish reaching approximately 225 people (~85 percent were female).
The primary lesson learned through FC Bikes’ outreach and data collection efforts, is that despite the level of
support for bicycling in our community and the strong bicycle culture, the majority of the population still
experiences barriers to bicycling. The gender gap reflected in our trail counts of bicyclists (39% female. 61%
male) is one example demonstrating a need for additional emphasis on breaking down existing barriers to
bicycling in our community. We’ve learned that by targeting our efforts to create a safe and comfortable
environment for people of all ages and abilities, we will be successful in expanding bicycling to serve a
greater and more inclusive population.
7.6 Briefly describe the organization's current goals and strategic plan. Why is this
the right time for this project? Why is this the right organization to implement this
program or project being proposed?
750 word limit (385)
The FC Bikes program goals and strategies are largely laid out in the 2008 Bike Plan and the 2011 Bicycle
and Safety Education Plan and will be revisited as part of the 2013 Bike Plan update. Below are specific
recommendations from the existing plans that pertain to this application:
2008 Bicycle Plan Recommendations (http://www.fcgov.com/bicycling/pdf/bike_plan-2008.pdf)
Education and Encouragement Recommendations:
o Maintain existing education and encouragement programs and solicit more participation.
o Continue to develop and implement innovative education and encouragement programs,
campaigns, and events.
o Continue to foster relationships between non-profits, advocacy, and community groups and
build public-private partnerships.
o Consider the implementation of Cyclovias (car-free events).
o Reinforce yield and safety education programs pertaining to bicyclists and other bike lane and
trail users.
Economic Recommendations:
o Continue to support and encourage infrastructure development, bicycle sporting events,
recreational biking, and bicycle facilities.
o Use the local bicycle culture to attract employers, new residents, businesses, and visitors.
Multi-Modal Recommendations:
o Expand opportunities for bicycle-transit/bicycle-pedestrian/bicycle-car auto linkage.
2011 Bicycle and Safety Education Plan (BSEP) Recommendations
(http://www.fcgov.com/transportationplanning/pdf/besp-doc.pdf)
Goal:
Instill bicycle safety education and awareness within the Fort Collins community through the
implementation of programmatic and infrastructure recommendations geared toward bicyclists of all
levels and abilities, pedestrians, and motorists.
Recommendations:
Provide special emphasis in all education programs that utilize the League of American Bicyclists’
Smart Cycling curriculum.
Identify and provide recommendations regarding evaluation and monitoring techniques.
In addition, FC Bikes is the right organization to implement the tasks laid out in this grant, and the timing is
perfect, as the organization is just starting the five-year Bike Plan update, and we just received the League of
American Bicyclists (LAB) Platinum Bicycle Friendly Community award. We would like to build off the
momentum of Platinum and use resources wisely to work towards the newly announced Diamond
designation by following the specific recommendations as identified in the LAB Bicycle Friendly Community
Feedback Report (Spring 2013), including:
Continue to expand our public education campaign promoting the share the road message.
Host, sponsor and encourage bicycle-themed community events, campaigns and programs: Consider
offering a “Summer Streets” type event.
Expand the public bike share system.
Adopt the updated comprehensive bike master plan that is currently being prepared.
Increase the dedicated funding for implementation of the plan.
7.7 Briefly describe 2-3 community partners and their relationship to your
organization. Include phone and email information for each community partner.
200 word limit (118)
Bicycle and Pedestrian Education Coalition (BPEC) – the City of Fort Collins is a founding member of this
regional coalition of organizations/entities working to increase education and awareness around bicycling
(BPECLarimer.org); contact: Kim Sharpe, BPEC Coordinator (970-218-0216; info@bpeclarimer.org).
Vida Sana – the City of Fort Collins partners with Vida Sana (a community coalition addressing health
disparities among Hispanic/Latinos and low-income community members in North Fort Collins) to conduct
outreach to Hispanic communities of Fort Collins; contact: Edgar Domingez, Health Equity Coordinator (970-
495-7519; edgar.domingez@uchealth.org).
Colorado State University (CSU) – the City of Fort Collins regularly collaborates with CSU to increase
bicycling by students, including specific safety and educational campaigns; contact: Aaron Fodge, Alternative
Transportation Manager (970-491-2823; aaron.fodge@colostate.edu).
7.8 If applicable, briefly include information about past or current partnerships
with Kaiser Permanente Colorado.
150 word limit (14)
Summer 2012 Kaiser Permanente Grant for Bike to Work Day and Worksite Challenge ($3,700)
8. Request Information
8.1 Program/Project Name
15 word limit
Bike Plan Update Enhancement & Implementation
8.2 Funding/Amount Request
$94,100
8.3 Program/Project Budget
$129,100
8.4 Anticipated Start Date
January 2014
8.5 Anticipated End Date
December 2015
8.6 Population(s) Served
Broader Community
8.7 Ethnicity/Ethnicities Served
Not Specified
8.8 Age Group(s) Served
All
8.9 County/Counties Served
Colorado-Larimer
9. Request Description
9.1 Program/Project Summary. Briefly describe how the grant funds will be used.
100 word limit (91)
The grant funds in this request will supplement and enhance the current update to the City of Fort Collins
Bicycle Plan and advance near-term implementation items. The comprehensive approach includes a strong
emphasis on data collection and integration and community engagement and outreach.
Key components include:
- Expansion of Bicycle Ambassador Program & Educational Outreach (General Public and SRTS)
- Open Streets Initiative
- Bicycle Facility Inventory
- Bicycle System Level of Comfort Map (Printed, Online, and Interactive/Mobile)
- Bicycle & Pedestrian Counts (Volunteer and Eco-Totem)
- Bike Share Business Plan
9.2 Describe why this program or project is needed. Use needs assessments,
research, or local data to demonstrate the need for the program or project.
1,000 word limit (351)
While the City of Fort Collins is at the forefront of encouraging active transportation, having just been
designated a Platinum Bicycle Friendly Community by the League of American Bicyclists and a Bronze Level
Walk Friendly Community by the Walk Friendly Communities, significant opportunities remain to grow
bicycling, particularly among the “Interested but Concerned” travel market
(http://www.portlandoregon.gov/transportation/article/158497). This program intends to increase the number
of trips made by bicycle while increasing levels of physical activity overall in our community. Listed below are
statistics about our community which demonstrate the need for and potential impact of the programs
proposed in this grant application:
According to the County Health Rankings & Roadmaps, Larimer County ranks 9th in Colorado overall
(http://www.countyhealthrankings.org/app/colorado/2013/rankings/outcomes/overall/by-rank). We would like
to maintain and improve upon this ranking by encouraging more residents to use active transportation as their
means of travel. A few relevant highlights from this report:
In Larimer County, 14% of adults ages 20 and over report no physical activity, as compared to 17% in
Colorado, and 21% in the nation.
With 14 recreational facilities per 100,000 residents, Fort Collins ranks better than the state average
of 11 recreational facilities per 100,000 residents, however, it falls below the national average of 16
recreational facilities per 100,000 residents.
76% of Larimer County residents drive alone to work.
55% of the population lives within ½ mile of a park.
According to the American Community Survey (ACS) 2009-2011 American Community Survey 3-Year
Estimates, B0301 Means of Transportation to Work, 6.3% of Fort Collins residents commute by bicycle
(http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_11_3YR_B08301&pr
odType=table) While this is above the national average, in order to achieve Diamond status from the League
of American Bicyclists, Fort Collins would need to get to achieve a 12% bicycle commute mode split.
In the United States, 24% of all bicycle trips are made by women and 76% are made by men
(http://nhts.ornl.gov/). Based on the Fort Collins 2012 Trail Counts, male trail users outnumbered female trail
users 61% to 39%. Our proposed programs largely focus on increasing the bicycle comfort and confidence
level among women, youth and seniors, in order to address these gaps.
10. Additional Information
10.1 Describe the program or project. Include the issue and/or opportunity being
addressed, goals and objectives, and target population.
3,000 word limit (2204)
This project will use a combination of high-impact strategies to enhance the current Bike Plan update. A key
strategy is to collect detailed data to be integrated into the planning and outreach process with a focus on
reaching the “Interested but Concerned” travel market. Specific initiatives include bicycle data collection and
facilities inventory, community engagement and education, promotion of cycling, and project implementation.
ISSUES/OPPORTUNITIES:
- The City of Fort Collins was recently designated a Platinum Bicycle Friendly Community by the
League of American Bicyclists; building off this momentum, we are working towards achieving the
Diamond Bicycle Friendly community designation, which will reflect our efforts to successfully
establish a more inclusive and comfortable bicycling environment across Fort Collins.
- The City is beginning the update to the Bike Plan; this grant funding will enhance this process and
support initial implementation of the plan.
- “Interested but Concerned” - research has shown that approximately 60% of the population is
interested in riding a bike but does not feel safe given the current environment. We believe this to be
true in Fort Collins and seek to break down barriers, thereby growing bicycling within this segment of
the population.
GOALS/OUTCOMES:
Goals:
- Conduct multiple community Open Streets events (two in 2014 and three in 2015) to promote physical
activity through active transportation.
- Complete a detailed bicycle inventory to comprehensively document existing conditions.
- Develop a Level of Comfort Bicycle Map and distribute at least 40,000 per year.
- Install one of Colorado’s first Eco-TOTEM visual bicycle counter displays.
- Complete a Bike Share Business Plan to support the implementation of a state of the art bike sharing
system that complements.
Outcomes:
- Reach 50/50 gender split among Fort Collins bicyclists by 2016.
- Reach 11,000 students annually through our youth bicycle education programs.
- Establish four new Fort Collins-based League Certified Instructors (LCIs) per year to expand
educational outreach efforts across the community.
- Increase the percentage of commute trips made by bicycle to 12 percent by 2016.
TARGET POPULATION:
- We serve all residents, employees, and visitors to the City (refer to map for City boundary) but with
this effort would like to target the “Interested but Concerned” population. This population needs to feel
that bicycling is comfortable, safe, and convenient. We will reach this population through additional
focused training, fun community events, and a new bicycle map that focuses on the Level of Comfort
of facilities.
FOCUS AREAS – A. COMMUNITY ENGAGEMENT / D. PROMOTION:
Expand Bicycle Ambassador Program and Educational Outreach
In 2012, the City of Fort Collins’ FC Bikes program and the Bicycle and Pedestrian Education Coalition
(BPEC) launched the Bicycle Ambassador Program (BAP). Currently, we have 34 trained bicycle
ambassadors, equipped with knowledge to teach bicycle safety, rules of the road, trail etiquette, route finding
and basic bike maintenance. Bicycle Ambassadors are available to teach to children, teens, college-aged
students, families, adults in the workplace, seniors and motorists. Additionally, the program handouts and
presentations are available in Spanish. This program is exceedingly important in achieving our goal of
increasing ridership through promotion and educational outreach to the public. By expanding this program,
we will more aptly be able to reach the interested but concerned members of our community.
One opportunity to expand BAP and safety outreach to the public is through offering additional educational
classes. Since 2011, FC Bikes has offered 20 sessions of the League of American Bicyclists’ Traffic Skills
101 course (TS 101). This course is effective at making cyclists feel more comfortable on the road. Based
on course feedback, 100% of participants agreed that as a result of the riding instruction, they felt more
confident riding in traffic than before taking the course. Additionally, 75% planned to bicycle more in the
future than they did before taking the course. Furthermore, this training has been effective at reaching our
female target market: 57% of past attendees were women. This proposal seeks to expand upon these
offerings by hosting additional TS 101 courses in the future while also offering our first TS 201 courses. By
offering additional classes, not only are we providing one-on-one education but we are also empowering our
bicycle ambassadors to further bicycle education across the community.
We are also proposing to expand BAP by hosting the League Cycling Instructor (LCI) Seminar on an annual
basis. LCIs are an important asset to our community as they teach our traffic skills courses. In March 2013,
four scholarships were awarded to community members to take the LCI Seminar in exchange for volunteering
for BAP an additional 20 hours and teaching safety courses. That course alone resulted in 8 LCIs being
added to the Fort Collins community. We currently have 25 trained LCIs in Fort Collins and would like to
increase that number as our community continues to grow. Scholarships are a key component for making this
seminar accessible to all members of the community while further sustaining BAP.
Summary of Tasks: Conduct 6 TS 101 courses per year, 2 TS 201 courses per year and 1 LCI training per
year. Funding will cover participant scholarships, meals, books, marketing/outreach, and instructor fees.
Responsible: City of Fort Collins (FC Bikes and SRTS); Bicycle Ambassador Program; Poudre School
District; Colorado State University
Timeline: January 2014-December 2015
Budget: $15,680
Other Related Focus Area(s): C. Project Implementation
Open Streets Initiative
An increasingly popular and effective promotional event in the U.S. is an Open Streets event. While this year
marks the 4th annual Boulder Green Streets and the 3rd annual Viva Streets in Denver, Fort Collins has yet to
host such an event. In the early stages of planning, FC Moves understands the outreach potential of these
types of events. According to Gill Peñalosa, the Executive Director of 8-80 Cities, “People traffic replaces car
traffic, and the streets become ‘paved parks’ where people of all ages, abilities, and social, economic, or
ethnic backgrounds can come out and improve their mental, physical, and emotional health.” The City of Fort
Collins is planning to host two Open Streets events in 2014 and three in 2015. FC Moves plans to partner
with local businesses, neighborhood associations, health organizations and local active transportation
advocacy groups in order to create a fun, successful event that will allow community members to see their
streets as more than just a place for moving motor vehicles. We see the opportunity to not only reach out to
these local associations as partners, but also to assist in the design process and organization of the event.
We see this as a great opportunity to collaborate with like-minded organizations in an effort to promote health
and active transportation.
Summary of Tasks: Conduct planning, marketing and outreach to produce two Open Streets events in 2014
and three Open Streets events in 2015.
Responsible: City of Fort Collins (various departments, FC Bikes – lead); BPEC; consultant
Timeline: January 2014-September 2015
Budget: $23,000 (some matching funds will be used to contribute to the planning and operations of the Open
Streets event)
Other Related Focus Area(s): B. Technical Assistance, C. Project Implementation
FOCUS AREA: E. DATA COLLECTION AND INTEGRATION:
Bicycle Facility Inventory & Level of Comfort Map
As part of the 2010-11 update to the Fort Collins Pedestrian Plan, the Pedestrian Level of Service was
evaluated to identify deficiencies and opportunities for improving walkability; subsequently a detailed
inventory of pedestrian infrastructure (e.g., sidewalks and intersection amenities) was collected as part of the
City’s Pedestrian Needs Assessment. However, the bicycle network’s facilities have yet to be evaluated in a
similarly comprehensive manner. The data collection proposed with this grant would help us develop a
comprehensive database with an inventory of our existing bicycle facilities as a baseline of data to build upon.
With a comprehensive set of data of our existing conditions, we plan to update our bicycle map to reflect the
level of comfort of various on- and off-street facilities. Currently, our bicycle map labels a bike lane on an
arterial the same as one on a collector or neighborhood street, despite the vast difference in level of comfort
riding on those very different types of roads. With 40,000 bicycle maps distributed annually, we have a
chance to drastically influence how our bicycle infrastructure is presented and potentially used. According to
researchers in a 2012 Low Stress Bicycle Bicycling and Network Connectivity study, “For a bicycling network
to attract the widest possible segment of the population, its most fundamental attribute should be low-stress
connectivity. That is, providing routes between people’s origins and destinations that do not require cyclists to
use links that exceed their tolerance for traffic stress, and that do not involve an undue level of detour”
(http://transweb.sjsu.edu/project/1005.html). We see this tool being most useful to the interested but
concerned travel market. In addition, compiling and analyzing this data will allow us to better prioritize where
improvements are needed to create a safer and more comfortable bicycle network.
Summary of Tasks: Conduct data collection and bicycle facility inventory, develop and distribute 40,000
bicycle level of comfort maps across Fort Collins. Funding will support the hiring of an intern to conduct data
collection and analysis, and map design and printing cost.
Responsible: City of Fort Collins (FC Moves, FC Bikes, GIS, Traffic Operations and Streets)
Timeline: January 2014-June 2014
Budget: $14,620
Related Strategy Area(s): A. Community Engagement, B. Technical Assistance, C. Project Implementation,
D. Promotion
Bicyclist & Pedestrian Counts (Volunteer and Eco-Totem)
To complement the facility data collection, FC Moves recognizes the importance of also collecting and
analyzing data about facility usage to support our planning and outreach efforts and to inform future
infrastructure investments. To date, the City of Fort Collins has conducted three rounds of volunteer trail
counts using the methodology recommended by the National Bicycle and Pedestrian Documentation Project.
This year, 10 on-street intersection locations were added to the count initiative in an effort to increase the
amount of data we have about cyclists in our City. This is an effort that we would like to continue in the future
to collect data our 12 automatic trail counters and 83 video detection systems can’t (e.g., helmet use, gender,
and direction of travel). Again, this data will support efforts to reach the interested but concerned population
and evaluate frequency and usage patterns over time, understand preferred routes and identify avoided
ones, justify investments in projects, adapt infrastructure, and determine maintenance needs. Also, by
analyzing trends we can revisit and refine goals and objectives for the future.
In addition, we propose to integrate a permanent count device, such as an Eco-TOTEM, on our first Bike
Boulevard that will begin construction in 2014. The device would be a valuable addition to a high volume
area, allowing not only cyclists and pedestrians, but automobile users as well, to see the data in real time.
According to the Eco-Counter website, “the Eco-TOTEM is an effective and prominent tool that can help
make cyclists a visible part of the urban landscape” (http://www.eco-compteur.com/Eco-
TOTEM.html?wpid=44942). As we advance our efforts in terms of encouragement and promotion of cycling,
an Eco-TOTEM would show the commitment our City has to promoting bicycling as a viable means of
transportation. It will also generate excitement for community members about bicycling through real time
data display, in addition to tracking available on the website.
Summary of Tasks: Conduct annual bicycle and pedestrian counts and install 1 Eco-TOTEM counter on
Fort Collins’ first bicycle boulevard. In addition to funding the purchase and installation of the Eco-TOTEM,
funding will support the hiring of an intern to coordinate volunteers and conduct post-event data compilation
and reporting, volunteer trainings and Thank You events.
Responsible: City of Fort Collins (FC Moves, Engineering, Streets, Traffic, Park Planning and Development)
Timeline: January 2014 – December 2015
Budget: $15,800 (some matching funds will be used in order to keep the capital costs below the 20%
maximum stipulated by this grant)
Related Focus Area(s): A. Community Engagement, D. Promotion
Bike Share Business Plan
Bike share programs are transforming cities and transportation around the United States and the world. As a
natural extension to public transportation, Bike Share programs seek to increase the number of trips made by
bicycle by encouraging short trips by bicycle.
The City of Fort Collins is in the initial stages of planning for a Bike Share system with the goal of launching a
program by 2015 that builds on and complements our existing FC Bike Library and enhances connections to
and from the new MAX Bus Rapid Transit (BRT) line, as well as the rest of the City’s transit system. A Task
Force has been established, comprised of key community stakeholders and agency representatives. The
next phase of this process is developing a business plan, which will allow us to determine the most
appropriate model for the community. The business plan will feed directly into our RFP for implementation of
an expanded Bike Share system.
Summary of Tasks: Develop a Bike Share Business Plan including business model, potential sponsorship
strategies, potential station locations, etc.) for bike share in Fort Collins, building upon our current FC Bike
Library. Funding will support consultant services.
Responsible: City of Fort Collins (FC Moves, FC Bikes, Transfort); CSU; consultant
Timeline: January 2014 – March 2014
Budget: $25,000
Related Focus Area(s): B. Technical Assistance, C. Project Implementation
10.2 Key staff and roles related to this project.
500 word limit (167)
Key staff on the project will include City staff and partners from other organizations. The primary department
from the City will be FC Moves, which includes the FC Bikes program, Safe Routes to School (SRTS), and
Transportation Planning. This department will coordinate with GIS, Transfort (transit), Engineering, and
Traffic Operations on the various tasks.
The overall project manager will be Tessa Greegor, FC Bikes Program Manager, and she will be supported
by the FC Bikes Program Specialist and the SRTS Coordinator.
Other key organizations and their expected roles include:
Bicycle and Pedestrian Education Coalition (BPEC) - training support; public outreach; Open Streets
planning, programming, and marketing
CanDo - public outreach; Open Streets planning, programming, and marketing
CSU - public outreach (focus on college students, faculty and staff); bike share planning
Poudre School District - public outreach (focus on children and families), training support (SRTS)
Vida Sana - public outreach (focus on Hispanic community)
Other community partners will support public outreach, as shown in the Project Plan document.
10.3 Before investing in your project (or continue investing in your project), we are
interested in knowing your plans for carrying the project into the future, with or
without our Kaiser Permanente funding resources. What are your strategies either
during and/or after the grant period on how to support the sustainability of the
activities or demonstrated outcomes proposed in your application in the future?
1000 word limit (251)
The items proposed in this grant application will build upon and enhance the update to the Bike Plan which is
currently funded through a CMAQ grant, and the City’s Keep Fort Collins Great (KFCG) and Building on
Basics (BOB) sales tax initiatives. Most of these committed funds will be used to start an initiative, set the
foundation, and get a system in place that will be easily carried out in the future. In addition, sources of future
funding and methods for sustaining these programs over time will be identified as part of the update to the
Bike Plan. The tasks potentially funded through this grant would enhance the Bike Plan process by providing
resources for additional community engagement, data collection, encouragement events, and a
comprehensive update to the bicycle map.
The City of Fort Collins has already demonstrated a commitment to enhancing safe bicycling in the
community (articulated in policies adopted in the City’s Comprehensive Plan and Transportation Master
Plan), and continues to fund bicycle and active transportation programs through its biannual Budgeting for
Outcomes process. The enhancements that this grant funding would make possible will become part of the
foundation of the 2013-2014 Bicycle Plan, which will establish the FC Bikes work program for the next five
years. If the City is awarded these grant funds, their impact will extend far beyond the one year
implementation timeframe as the plans, programs, events, activities, and data sources they help to fund will
guide and enhance FC Bikes throughout the planning horizon.
10.4 Describe how you will evaluate whether or not the program or project is
successful. Detail any baseline data, the metric s you will collect, and the thresholds
you will use to determine if you achieved the goals. If the evaluator is someone other
than the program or project manager, please include them in the Key Staff section
above.
1,000 word limit (579)
The goal of this program is to increase the number of trips of all purposes made by bicycle by people of all
ages and abilities. Moreover, we seek to increase the level of bicycling comfort and confidence experienced
by our target market of interested but concerned, many of whom are women, youth and seniors.
In addition to completing the tasks identified in this proposal, we’ve established the following outcomes to
track our success at achieving the overarching program goals:
Reach 50/50 gender split among Fort Collins bicyclists by 2016;
Reach 11,000 students annually through our youth bicycle education programs;
Establish four new Fort Collins-based League Certified Instructors (LCIs) per year;
Increase the percentage of commute trips made by bicycle to 12 percent by 2016.
In addition to the performance metrics identified above, we will measure the overall increase in bicycle
education, trips made by bicycle, physical activity levels, and level of bicycle comfort and confidence
experienced by people in Fort Collins through a combination of counts and surveys:
Beginning in October 2013, the City will conduct a public online survey to learn about existing levels
and perceptions of bicycling and current barriers to bicycling. This information will inform the update
to the Bike Plan, and through follow-up surveys, will be used to assess change in behavior and
perceptions around bicycling for our target markets.
In 2012, the City launched an annual bicycle and pedestrian data collection program utilizing the
National Bicycle and Pedestrian Documentation Project methodology. Beginning with 10 trail count
locations in 2012, the City expanded this effort in 2013 to include 10 on-street intersection locations.
Data is collected during peak commute periods as well as off-peak periods allowing us to track
information about all trip types. Gender data is also collected through these counts. In addition, the
City has 12 permanent trail counters. Together, this data will be used to determine the overall
increase in the number of trips made by bicycle in Fort Collins as well as our progress toward
achieving a balanced gender split among users of the city’s bicycle network.
Data collected through the implementation of the Eco-TOTEM will also provide a baseline measure to
help us track growth in bicycling during the grant period and beyond.
The American Community Survey data will serve as a baseline for determining the increase in the
percentage of commute trips made by bicycle during the grant period.
The Open Streets Initiative is focused on increasing physical activity through bicycling and walking and
increasing the comfort and confidence around bicycling for people of all ages and abilities. We will evaluate
the effectiveness of the Open Streets Initiative by conducting intercept surveys and counts during the events.
This will help us determine how many people we’re reaching through this programming and the amount of
time people are spending engaging in physical activity during the events. In subsequent Open Streets events,
we will use intercept surveys to ask participants questions regarding their change in bicycling and walking
behavior as a result of the Open Streets Initiative.
The education and outreach programs we are proposing to implement are key to increasing the safety and
number of trips made by bicycle in our community. To determine if our education and outreach strategies are
successful in this regard, we will track program participation and utilize participant surveys to determine if
participants have increased their level of knowledge and comfort around bicycling. For example, pre- and
post-surveys will be conducted for our educational courses.
10.5 What visibility will Kaiser Permanente receive as a result of this grant?
200 word limit (17)
Acknowledgement in print and electronic materials associated with events (e.g., Open Streets) and plans
(e.g., Bike Share).
10.6 What are other ways, separate from this proposal, that Kaiser Permanente may
be able to engage with your organization? Are there other events, sponsorship, or
volunteer opportunities outside of this funding request you'd like Kaiser Permanente
to be aware of? For example, "Annual Benefit Dinner - July" or "All day volunteer
event on MLK." Please do not attach documents related to these events. Approval of
events, sponsorships, and volunteer opportunities are a separate process.
100 word limit (19)
Separate sponsorships and/or volunteer opportunities related to Open Streets events, Bike Share
implementation, and/or the City’s Business Commuter Challenge.
- 1 -
ORDINANCE NO. 030, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION
SERVICES FUND FOR THE 2014 FORT COLLINS BIKES PROGRAM
WHEREAS, in 2013, the League of American Bicyclists officially designated the Fort
Collins community as a “Platinum-level Bicycle Friendly Community”; and
WHEREAS, the City has been awarded Congestion Mitigation & Air Quality (CMAQ)
grant funding from the North Front Range Metropolitan Planning Organization and Colorado
Department of Transportation through 2016 for the Fort Collins Bikes (FC Bikes) Program in the
amount of $704,128; and
WHEREAS, local matching funds in the amount of $146,372 are required by the CMAQ
grant, which funds have been appropriated in the Keep Fort Collins Great Fund, for a total of
$850,000 for the FC Bikes Program in 2014, with the anticipation that portions will be spent in
2015 and 2016 as well; and
WHEREAS, the grant will support the 2014 FC Bikes Program initiatives, allowing for
refinement and expansion of current services, including enhanced bicycle safety education
programs, expanded encouragement campaigns, new bicycle promotion initiatives, and
development and implementation of the 2014 Fort Collins Bicycle Master Plan; 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 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; and
WHEREAS, Article V, Section 11, of the City Charter states that funds appropriated for
capital projects, and federal or state grants shall not lapse until the completion of the capital
project or until the expiration of the federal or state grant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from unanticipated grant revenue in the
Transportation Services Fund the sum of SEVEN HUNDRED FOUR THOUSAND ONE
HUNDRED TWENTY-EIGHT DOLLARS ($704,128) for expenditure in the Transportation
Services Fund for the Fort Collins Bikes Program in 2014, with potential expenditure of a
portion of such funds occurring in 2015 and 2016.
- 2 -
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of March, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
- 1 -
ORDINANCE NO. 031, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM
KAISER PERMANENTE IN THE TRANSPORTATION SERVICES FUND
FOR THE 2014 FORT COLLINS BIKES PROGRAM
WHEREAS, in 2013, the League of American Bicyclists officially designated the Fort
Collins community as a “Platinum-level Bicycle Friendly Community”; and
WHEREAS, the City has been awarded a Kaiser Foundation Health Plan of Colorado
Walk and Wheel local government grant from Kaiser Permanente for the Fort Collins Bikes (FC
Bikes) Program in the amount of $94,100; and
WHEREAS, no local matching funds are required for the Walk and Wheel grant; and
WHEREAS, the grant funds will support the 2014 FC Bikes Program initiatives, allowing
for refinement and expansion of current services, including enhanced bicycle safety education
programs, expanded encouragement campaigns, new bicycle promotion initiatives, and
development and implementation of the 2014 Fort Collins Bicycle Master Plan; 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 grant revenue in the
Transportation Services Fund the sum of NINETY-FOUR THOUSAND ONE HUNDRED
DOLLARS ($94,100) for expenditure in the Transportation Services Fund for the Fort Collins
Bikes Program in 2014.
- 2 -
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
and biking, with a focus on increasing
equitable distribution of opportunities to be
healthy so that all Coloradans can make
healthy choices.
Environmental stewardship─
leading the way in greening
environmental health
Our significant presence in communities
around Colorado means environmental
health is part of our business. We are
taking a leading role in sustainable design
of our medical offices, reducing greenhouse
gas emissions, waste minimization, and
supporting sustainable food systems.
Health Knowledge
Developing and
disseminating knowledge
We’re committed to advancing health
through research, education, charitable
contributions, and training. Our research
teams have been at the forefront of some
of the most exciting medical findings, and
that information has made a difference in
the lives of people around the world.
We share this knowledge by educating
practitioners, translating knowledge into
clinical practice, empowering consumers,
and keeping policy makers informed with
evidence-based data about good health
and health care. Knowledge is powerful
medicine, sharing makes it even more
potent.
Community Service
Our employee community service program
reflects our firm belief that everyone can
make a difference. We make it easy for
employees to give back to our local
communities by allowing them paid time
away from their everyday responsibilities
to engage with local nonprofit organization
Open Streets Initiative: promotion, implementation and outreach $20,000
bicycle safety classes, light and helmet giveaways, and through class
participant surveys to determine if the level of knowledge around
bicycle safety (laws, riding techniques) has increased as a result of
our educational efforts.
3. Regional Bicycle Coordination: to determine if our regional coordination
efforts are leading to more people bicycling, we will be recording the number
of people biking on regional campuses and in regional communities as well as
outreach, promotion and marketing, and instructor fees.
ii. “Bike Summer” (May-September): Events/campaigns: Bike to
Work Day; Downtown Bike Show; Bike to Work Worksite
Challenge; Congressional Ride with Fort Collins and Loveland
representatives; Bike Lunch Talk. Funding will cover outreach,
promotion and marketing, website development and instructor
fees.
iii. “Bike Fall” (September-November): Events and programs
include: annual City of Fort Collins Safety Fair; Bike Lunch Talk