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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/04/2014 - ITEMS RELATING TO FC BIKES PROGRAMAgenda Item 5 Item # 5 Page 1 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 Agenda Item 5 Item # 5 Page 2 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 Agenda Item 5 Item # 5 Page 3 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. Agenda Item 5 Item # 5 Page 4 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 Page 1 of 38 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 SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 2 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 3 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 4 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 5 of 38 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 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 6 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 7 of 38 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 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 8 of 38 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). CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 9 of 38 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 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 10 of 38 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 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 11 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 12 of 38 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 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 13 of 38 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 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 14 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 15 of 38 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 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 16 of 38 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 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 17 of 38 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 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 18 of 38 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 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A 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 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 20 of 38 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 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 21 of 38 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 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 22 of 38 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 DUNS # N/A Page 23 of 38 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 Page 25 of 38 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. 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 26 of 38 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 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 27 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 28 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 29 of 38 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 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 30 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 31 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 32 of 38  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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 33 of 38 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. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 34 of 38 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, CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 35 of 38 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 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 36 of 38 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