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HomeMy WebLinkAboutResolution-2006-0019 RESOLUTION NO. 19 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROV AL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $46,521 FOR ACCEPT ANCE OF THE SAFE ROUTES TO SCHOOL GRANT WHEREAS, the CIty of Wheat Ridge supports a strong partnership between City and community; and WHEREAS, the City Council supports area schools; WHEREAS, the City of Wheat Ridge wishes to facIlitate programs to support health and wellness In the community; and WHEREAS, the City of Wheat Ridge recognizes the importance of pedestnan and bicycle safety; and WHEREAS, staff recommends accepting thiS grant to facihtate these programs; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be etTected by the City CouncIl adopting a Resolution, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The following amendment to the 2006 General Fund budget is hereby approved: (a) A supplemental budget appropriation from General Fund undesignated reserves in the amount of $46,521 to account #01-602-700-750 for the purpose of expending the Safe Routes to School Grant. ThIS resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS DAY MAY 8, 200~. I '._ L-~ 'C. 1 I , t I l ", i" \..,. . \....... ATTES'~~ '---Pam Anderson, City Clerk Jlrry;DiTullio, Mayor Agreement Concerning Project Administration and Management of the Safe Routes in Jeffco Project: Between The Livable Communities Support Center, a program of Civic Results and The City of Wheat Ridge, Colorado THIS AGREEMENT 15 entered Into as of the day of ,2006 by and between the l1vable commumtles Support Center ("LCSC" or "Contractor") and the Clty of Wheat Ridge, Colorado ("Wheat Ridge" or "City"). For and m conslderatlOn of the mutual promIses and agreements contamed herem, the parties agree as follows: Scooe of Work: Livable Commumtles Support Center wIll proVide all project admlmstratlOn, coordmation and management services to Implement the Safe Routes m Jeffco project, as described on the attached Exhibit A. PaIge Heydon-McCrary wIll be the lead person for LCSC (heremafter known as consultant) and will coordinate actIvItles and pnoritles for the Safe Routes m Jeffco project ThIS scope of work is for servIces scheduled to be accompl1shed between June P\ 2006 through May 31S\2007 Contractor Responsibilities: The Contractor WIll manage and Implement the followmg educatIOnal, programmatIC and promotIOnal components of the Safe Routes In Jeffco project: . Estabhsh and maintain Safe Routes III Jeffco Stakeholder Group . Hold Walk/Bike to School Day at VivIan, Penmngton and Stevens Elementary Schools.. . Create an Escort Program (l.e.,Walkmg & Blcyclmg School Bus Program) . Create a Crossmg Guard Program. . Walkmg/BIcyclmg Audit for School OffiCIals . PublIc Awareness Campaign. . Student Traffic Safety Obstacle Course . Safe Routes Map for each of the target schools. SAFE ROUTES TO SCHOOL PROGRAM CONTRACT WITH CITY OF WHEATRIDGE 7 ~I '2/,,- _ This CONTRA.CT, made this / day of ~J)4, 20l}t, by and between the State of Colorado for the use and benefit of THE COLORADO DEPARTME$;T OF TUNSPORTATION" hereinafter referred to as "CDOI" or "The Department", and the City of Wheatridge hereinafter referred to as ~~the contractor", or" the Agency". 07-HTD-00061 PO#29 I 000080 WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in GIL Account 4518000011. Company Code 1000, CO Area ]OOO..'WBS Element 15931.15.02. Fund 400. Functional Area 1456. Funds Center DT510-010. Vendor Number 2000099 for a total of $46.521. The maximum amount ,----- - payable by the Department shall not exceed $46.521. The Catalog Federal Domestic Assistance number (CFDA), which relates to contract audit procedures is 20.205_ WHEREAS, the Agency desires to enter into a contract with CDOT in order to develop, implement and monitor its Safe Routes to Schools Program, in accordance with FHW A and State policies; and, WHEREAS, CDOT desires to enter into this contract for such services by obtaining federal financial assistance fOr Safe Routes to Schools Program through FHW A, provided that such projects are sponsored by the Metropolitan Planning Organization (MPO) where applicable in accordance with the tenns, conditions, and provisions hereinafter contained in this contract and in accordance with applicable federal regulations; and, WT:!EREAS, Federal Safe Routes to Schools Program funds are available and have been budgeted by the Agency, as a member of the MPO where applicable through the 3C Urban Transportation Planning Process; and, . \VHEREAS, the MPO has approved the current TIP for the Urban Area, which includes funding for its Safe Routes to Schools Program: and, WHEREAS, the Agency represents that it has personnel, professional qualifications, ability, and resources to provide useful, accurate information to individuals and employers in facilitating its Safe Routes to Schools Program and perform this service; and, WHEREAS, the Agency herein submit basic work program(s) (the work program) for its Safe Routes to Schools Program to CDOT) and the work is hereby made a part of this Contract as Exhibit A; and, \v'HEREAS, this Contract is entered into pursuant to the authority of 43-1-106,43-1-224,30.28-105,29-1-203, and 24-110-203, CR_S_ as amended. NOW, THEREFORE, the parties hereto mutually agree as follows: 1, PURPOSE AND SCOPE 1_1 Work to be performed under this Agreement and the compensation for such work shall be identified in a Scope of Work (Exhibit A)_ Work caMot begin On these activities until approved by FHW A_ When the Scope of Work is sent into CDOT for review, the agenc~ ~l~o agrees to send in a NEP A Compliance Checklist. The Scope of Work shall consist of the actIVItIeS for the expect contract period. lOad WdlS:l~ LOOl ~E ~ew LZL6LSLEOE xej ^30 ~ SN~Ml lOOJ 07-HTD~OO061 PO#291000080 1.2 The Agency shall not commence work to be performed in the Scope of Work until the date specified by a written notice to proceed by the Department (which may be an electronic notice) and shall complete the work by the date specified in the Scope of Work, unless the time thereof is extended by mutual agreement of the parties hereto evidenced by letters or electronic notice. 1.3 By preparing: submitting and/or amending the Scope of Work, the Agency agrees to perfofID such services within the total funds made available for that purpose. The Scope of Wark shall be deemed incorporated herein by reference. 1.4 The Agency agrees to prepare a Scope of Work (Exhibit A) that will outline the major activities to be completed with an expected budget for each and a timeline of expected completion date, if any. This Scope of Work will be updated anytime there has been an increase/decrease of funding to this Agreement. 2. FUNDING 2.1 The amOUnt of federal funds available to pay for service~ perfonned by the Agency is limited by the amount of the allocated funds for the made available through Section 104 (f) Title 23 US Code and any amendments thereto. 2.2 The Department shall not be obligated to use State funds under this agreement. The Department's use of federal funds to pay for costs shall be limited to the costs which are actually incurred by the Agency and which are allowable, as defined in Paragraph 6 of this agreement. The Agency shall be solely responsible for all costs incurred which are either not allowable or which exceed the funds available in the agreement. 2.3 Per 23 CFR Section 420.111, the Scope of Work shall include a description of work to be accomplished and cost estimate~ for each activity. 2AFEDERAL FUNDINQ. This agreement is subject to and contingent upon the continuing availability of Federal funds for the purposes hereof The parties hereto expressly recognize that the Agency is to be paid, reimbursed, Or otherwise compensated with funds provided to the Department by the Federal Government for the purpose of completing the services identified in the Scope of Work and therefore, the Agency expressly understands and agrees that all its rights, demands, and claims to compensation arising under this agreement are contingent upon receipt of such funds by the DepartmenL In the event that such funds or any part thereof are not received by the Department, the Department may immediately terminate this agreement without liability, including liability for terminati6n costs. 3. PERSONNEL 3.1 The Agency shall take all reasonable steps to obtain the necessary staff Or consultant services required to carry out all activities described and identifIed in the Scope of Work- The Agency shall be responsible to select such staf:fi'consultant services in compliance with all applicable federal procurement requirements including 23 CFR 172 and 49 CFR 18.36. In addition, any Request for Proposal (RFP) used by the Agency to secure consultant services must be reviewed by the Department before the Agency releases. the RFP. The Department shall have 15 calendar days from the date of receiving the RFP in which to return comments. Responses to the Department's comments will be prOvided by the Agency within 15 calendar days of receipt of the comments. The Agency shall notify the Department before executing any agreement for consultant services which utilizes planning funding. 2 ElO/EOOd wdES:l~ LOOl ~E ~BW LlL6LSLEOE XBj ^30 ~ SN~Ml 100~ 07-HTD-00061 PO#291000080 4. TERM - OPTION CLAUSE TO EXTEND SERVICES 4.1 The term of this agreement shall be for eighteen months from the date on the top of page 1 with an option for an additional six months. The expiration date shall not exceed September 30,2008. 4.2 The total duration of this agreement shall not exceed 24 months. 4.3 The Department may exercise an option to add/drop funded products/services described in the Scope of Work (E0hibit A) at the prices established in the agreement. The Department may exercise the option by written notice to the agreement within 60 days before the option begins in a form substantially equivalent to Exhibit B. Delivery/performance of the products/service shall continue at the same rate and under the same terms as established in the agreement. 4.4 The Department may unilaterally increase/decrease the maximum amount payable under this agreement based upon the costs established in the agreement and the schedule of services required, as set by the Department. The Department may exercise the option by providing a fully executed option to the agreement or, in a form substantially equivalent to Exhibit C, immediately upon signature of the State Controller or his delegate. Performance of the service shall continue at the same rate and under the same terms as established in the agreement. 5. BILLLl\J"G 5.1 The Agency shall request reimbursement from the Department for the allowable cost of those activities eligible for Planning funds identified in the Scope of Wark as described in Paragraph 6 of this agreement. Reimbursement requests shall be submitted by the Agency to the Department on a regular basis, provided that such basis shall be at least quarterly and no greater than monthly_ The Agency will bill the Department within 30 days of the month following the end of their billing cycle. Billings should be itemized in the same categories as the work program. The Department will process and reimburse all billings within sixty (60) days ofreceipt. 5.2 An example of a Reimbursement request voucher will be issued by CDOT to each Agency. Upon signing the voucher and requesting reimbursement, the designated representative of the Agency has certified that: 1. The costs are allowable, and therefore reimbllisable; and 2. The expenditure amount for that time period is correct; and 3. The agreed upon work has been performed and/or products have been produced; and 4. All Requests for Proposals have been forwarded to the Department for review and comment. 5_ Reimbursements will be in accordance with tenus of this agreement 5.3 In addition to the voucher, the Agency shall include expenditures of federal funds for major Scope of Work Activities. The information shall contain: 1. Budgeted amount 2. Expenditures for current billing cycle and year-to-date 3. Unexpended balance after current cycle 4. Percent expended year-to-date 5. Copies of Subcontractors Invoices 5.4 The Department shall pay the Agency's voucher for expenditures incurred in performance of activities described in Paragraph L 1 of this agreement, up to the maximum amount described above, subject to conditions specified in Paragraph 6 of this agreement 3 ElO/VOOd WdES:l~ LOOl ~E ~ew LlL6LSLEOE xej A3G ~ SN~~l lOGJ 07"HTD-00061 PO#291000080 6. ALLOWABLE COSTS 6.1 Allowable costs shall be limited to those actual costs necessary to cany out the activities described in the Scope of Work and in Paragraph L 1 of this agreement, and as provided in applicable Federal Regulations. This includes direct costs such as the costs of computer services, salaries, car rental, technical supplies, and reproduction. Also included are indirect costs such as the cost of proportionate share of rent, postage, insurance, maintenance and repair, utilities, communications, and administrative staff personneL Indirect costs must be substantiated by audit, and reimbursement will be limited to the indirect cost rate contained in the approved indirect cost allocation plan. The indirect cost allocation plan must be approved by the Federal cognizant agency. The Agency must also have an audit of their entity financial statement in accordance with OMB Circular A-133. A copy of the audit shall be submitted to eDOT within 180 days of the close of your fiscal year. All billings requesting reimbursement for indirect costs shall be in accordance with OMB Circular A-87 or A-12l. If the Agency bills indirect costs, the Agency must have an indirect cost plan in accordance with OMB Circular A-87 or A-122 An A-87 Or A~ 122 audit is required to support the indirect cost rate proposed in the Scope of Work. Determination of indirect costs will follow those guidelines set forth in the Federal Procurement regulations (41 CFR 1~15.7), and OMB Circular A-87 or A~122. The Agency must also have an audit of their financial statement. With regard to memberships, subscriptions, and professional activities: L Costs of the governmental unit's memberships in business, technical, and professional organizations are allowable. 2. Costs of the governmental unit's sub$criptions to business, professional, and technical periodicals are allowable. 3. Costs of meetings and conferences where the primary purpose is the dissemination of technical information, including meals, transportation, rental of meeting facilities, and other incidental costs are allowable. State Fiscal Rule 2-7 Official Functions and Training Functions must also be adhered to. 4. Costs of membership in civic and community, social organizations are allowable as a direct cost with the approval of the Federal-awarding agency. 5. Costs of membership in organizations substantially engaged in lobbying are unallowable. 6.2 In determining the amount of federal assistance, the Department will exclude: 1. Any project costs incurred by the Agency before the exe.cution of the Agreement, Change Order Letter (See Section 19) or Option Lener. 2. Any costs incurred by the Agency that is not included in the Scope. of Wark. 3. Any cost incurred by the Agency after the termination date of this Agreement or Amendment. The Agency agrees that reimbursement of any cost under this Agreement does not constitute a final Department decision about the allowability ofthe cost and does not constitute a waiver of any violation by the Agency of the terms of this Agreement. 4 ElO/SOOd WdES:l~ LOOl ~E ~cw LlL6LSLEOE xc::! A3G ~ SN~~l lOGJ 07-HTD-Q0061 PO#291 000080 7, PROGRAM MONITORING) REPORTING AND PERFORMANCE 7.1 Activities described in the Scope of Work and in paragraph 1 shall be monitored by the Department in accordance with the provisions of 23 CFR Part 450 and any amendments and this agreement. The provisions of this paragraph do not constitute a waiver of legal and administrative appeals available to the Agency or the Department. The Department will monitor all the activities of the Agency supported by transportation planning funds to assure that the work is being performed consistent with federal regulations and to enable the submission of appropriate reports that will contain as a minimum (23 eFR Part 420.117): 1. Comparison of actual performance with established goals; 2. Progress in meeting schedules; 3. Comparison of budgeted (approved) amounts and actual costs incurred; 4. Cost overruns/underruns; 5. Approved planning program revisions; and 6. Other pertinent supporting data. In responding to these requirements, the Department will utilize the following steps and procedures to enSUre that assigned responsibilities are ~arried out. I. Monitoring Documents The Department will use the current Scope of W ark and approved study designs in reviewing the progress being made by the Agency to meet the commitments in the planning agreement. The issue of reasonable costs will be addressed during Scope of Work development The Scope of Work includes all activities, products and activity budgets committed to by the Agency. a. Out~of-State Travel: The total out-of-state travel budget is to be identified in the Scope of Work. An up to date Out-of-State Travel Plan is to be available for review. b. Equipment Purchases: Any expected equipment purchases over $5,000 are to be itemized by equipment description and estimated cost in the Scope of Work and Scope of Work. The Agency must request CDOT pre-approval of any plans for equipment purchases (over $5,000) that are not included in the Scope of Work. c. Scope of Work Activity Descriptions: Major Scope of Work Activity descriptions with estimated budgets are to be included in the Scope of Work. Sub activity descriptions are to be included in the Scope of Work. All contractual services ate to be identified in the Scope of Work. Estimated sub activity budgets in dollars or percent are to be included in the Scope of Work or a separate d,ocuroenL 2. Monitoring Meetings Meetings between Departm.ent and Agency representatives will be conducted at the Department's discretion for the purpose of reviewing progress; resource allocations, and billings. Agency representatives will provide an expenditure summary to the Department at least one week prior to the meeting. s ElO/900d WdVS:l~ LOOl ~E ~~w LlL6LSLEOE X~::l ^30 ~ SN~~l 100J 07 - HTD~OOO61 PO#291 000080 3. Progress and Financial Reports The Department will submit biannual progress and quarterly financial reports to the federal agencies. 7.2 The Agency is responsible for the timely production of all the products) which it has committed to in the Scope of Work. The products are considered acceptable if developed and/or approved in accordance with the local MPO process where applicable. The Scope of Work, TIP and Transportation Plan will be reviewed and/or approved by state and federal agencies, as defined in CPR 23 Part 420. 7.3 The Agency shall amend Scope of Work when: L Adding or deleting planning funds from the Scope of Work Budget. 2. Adding Or deleting substantial portions of Scope of Work Activities. 7.4 Within 30 days after the end of the Program Period, the Agency will provide to the Department a final accomplishment report of the activities performed under this agreement for the completed flscal year. It shall include, but not be limited to: 1. Final accomplishments by activities; 2. Status of uncompleted products; and 3. Actual expenditures for the Program Period. The Department has the right to disallow any costs incurred by the Agency) which are not consistent with paragraph 6 or on any activity not in compliance with the authorized activities of the Scope of Work. 7.5 If any product that the Agency has committed to in the Scope of Work is not produced and justification was not provided, the following step~) in accordance with 49 CFR 18.43, will be implemented by the Department 1. The Department representative will meet with the Agency representative to discuss performance. 2. The Department representative will report the progress to the 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, the Department shall determine if a reduction in allocation is appropriate. The Agency will be notified of any decisions made. 7.6 The Agency is responsible for monitoring the work activities of subcontractors. 8. RECORDS, ACCOUNTS, REPORTS, AND AUDITS 8_1 The Agency and any consultants shall maintain all books, records, and other documentation pertaining to authorized Scope of Work activities and to completely substantiate all costs incurred and billed to eDOT during the current Program Period and for a period of three years from the date of final payment under the terms of this agreement These records shall be made available for inspection and audit to the Department) FHW A or the Comptroller General of the United States, and copies thereof shall be fumished, .if requested. The Agency shall include this record keeping/audit requiremenUn any agreement WIth any consultant 6 ElO/LOOd WdVS:l~ LOOl ~E ~ew LlL6LSLEOE xej A30 ~ SN~~l 100J 07-HTD-00061 PO#29 1 000080 employed to perform Scope of Work activities by ex.pressly requiring the consultant to comply with this requirement. 82 The Department and FHW A are specifically authorized to review and inspect at all reasonable times all such records and all technical and financial aspects of the activities described in the Scope of Work. FHW A will arrange such review and inspections through the Department. 9. OWNERSHIP OF DATA A1~D COPYRIGHTS 9.1 Data, studies, surveys, drawings, maps, models, photographs, reports, and any other materials produced Or developed pursuant to this agreement shall become the property of the Agency, ex.cept as set forth herein, also, the Agency is hereby authorized to copyright and market computer software produced under this agreement. All proceeds from the sale of products Or services developed under this agreement must be returned to the Agency for transportation planning purposes. Notwithstanding the foregoing, the Department and FHW A shall, without cost to them, have the royalty-free, nonexclusive and irrevocable right. to reproduce, publish or otherwise use and to authorize others to use, all such materials for. Department and U.S. Government purposes. In addition, the Department and U.S. Government shall have the right to use, duplicate, or disclose technical data and computer software produced under this agreement in whole or in part, in any manner and for any purpose whatsoever, and to have or permit others to do so. However, should the Agency choose to market computer files and/or software produced under this project, the Department agrees to refer inquiries concerning such materials to the Agency. 9.2 All infonnation, data, reports, and maps which are developed by the Agency for carrying out the activities in the Scope of Work shall be made available in sufficient copies to the Department and FH\V A (not to exceed fifteen). 9.3 All reports pertaining to the perfonnance of this agreement shall be reviewed by eDOT, and made available to FHW A for review, but no report will be published without the prior approw.l of FHW A. Any published material shall acknowledge the financial participation of the Depar:,,'~ "t and/or the FHWA and other agencies contributing funding to the work product. Also, any published material shall include appropriate federal disclaimer statements. 10. INTEREST OF PARTIES 10.1 The parties aver that to their Imowledge, their employees have no interests and shall not acquire any interests, directly or indirectly, which would conflict in any marmer Or degree with the perlonnance and services required to be performed under this agreement The parties' further promise that they will not employ any person having an outside interest in the performance of this agreement. 11. COVENANT AGAINST CONTINGENT FEES 11.1 Officers, members] or employees of the parties and members of the governing body of me localities in which the planning program is situated or being carried out, who exercise any function or responsibility in the review or approval of the undertaking or carrying out of this agreement, shall not: 7 ElO/BOOd wdVS:l~ LOOl ~E ~ew LlL6LSLEOE xe:l A30 ~ SN~~l lOOJ 07-HTD-00061 PO#29] 000080 1. Participate in any decision related to this agreement which affects their personal interest or the interest of any corporation, partnership, or association in which they are directly Or indirectly interested; or, 2. Have any interest, directly or indirectly, in this agreement or the proceeds thereof. 12. ASSIGNMENT OF RIGHTS 12.1 Neither party may assign its rights or duties under this agreement without the prior written consent of the other party. . 13. CLAIMS AND LIABILITY 13.1 The Agency warrants that it has the authority to enter into this agreement under its Articles of Association, and that it has taken all appropriate actions to lawfully execute such authority. The Agency shall be responsible for all claims and liabilities resulting from the Agency's acts or the acts of consultants, subcontractors, agents, Or employees of the Agency. 14 TERMINATION OF AGREEMENT 14.1 The State may terminate this contract at any time the State determines that the purposes of the distribution of State moneys under this contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished Or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports Or other material prepared by the Contractor under this contract shall, at the option 6fthe State, be delivered by the Contractor to the State and shall become the State's property. The Contractor shall be entitled to receive just and equitable compensation for any satisfactory services and goods delivered. If this contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the. services satisfactorily performed bear to the total services of the Contractor covered by this contract, less payments of compensation previously made, provided, however, that if less than sixty percent (60%) of the services covered by this contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this contract) incurred by the Contractor during the contract period which are directly attributable to the uncompleted portion of the services covered by this contract. In no event shallreimbursem.ent under this clause exceed the contract amount If this contract is terminated for cause, or due to the fault of the Contractor, the Termination for Cause or Default provision shall apply. 14.2 If, through any cause, the Contractor shall fail to fulfIll, in a timely and proper manner, its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have t.1J.e right to terminate this contract for cause by giving written notice t6 the Contractor of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not approp~ate. In the event of termination all finished or unfinished documents, data, studies, surveys, drawmgs, maps, models, photograph~, and reports or other material prepared by the Contractor und~r this contr~ct shall, at the option of the State, become its property, and the Contractor shall be entItled to receIve 8 ElO/600d WdVS:l~ LOOl ~E ~~w LlL6LSLEOE X~:l ^3G ~ SN~~l lOGJ 07 - HTD.00061 PO#291000080 just and equitable compensation for any services and goods delivered and accepted. The Contractor shall be obligated to retum any payment advanced under the provisions of this contract. This provision shall in no way limit other remedies available to the State in this contract, Or remedies othenvise available at law. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of this contract by the Contractor, and the State may withhold any payment to the Contractor for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Contractor is determined. If after such termination it is determined, for any reason, that the Contractor was not in default, or that the Contractor's actionlinaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if this contract had been terminated for convenience, as described herein. 15, DESIGNATED REPRESENTATIVES 15_1 For the purpose of this agreement, the individuals identified below are hereby-designated representatives of the respective parties. Department: Betsy Jacobsen Division or Transportation Development Agency: Julie Brisson City ofWheatridge 16. NOTICES 16.1 All notices required to be given by the parties hereunder shall be to the individuals at the addresses set forth below. Either party may from time to time designate in writing substitute addresses Or persons to whom such notices shall be sent: Department: Betsy Jacobsen Division of Transportation Development Agency: Julie Brisson City of'Wheatridge 11. PRIORlTIES 17.1 The Special Provisions are part of this agreement. Also, all of the circulars and regulations and statutes, as amended, that are cited in this agreement are incorporated herein by reference and made a part of this agreement. If a conflict occurs between the provisions of this Agreement proper Or the attachments hereto, the priority to be used to resolve s11ch conflict shall be as follows: 1. State Special Provision; then 2. Incorporated material; then 3. This Agreement proper; then 4. Exhibit A (Scope ofWork)- 9 ElO/O~Od wdSS:l~ LOOl ~E ~ew LlL6LSLEOE xej ^30 ~ SN~~l lOOJ 07-BTD-00061 P0#291000080 18. INTEGR;\TION 18.1 This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion or other amendment hereto, other than any Change Order Letter approved by the State Controller or his designee, shall be considered unless embodied herein by writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto, other than any Change Order Letter approved by the State Controller or his designee, shall have any force or effectunless embodied in a written agreement executed and approved pursuant to the State Fiscal Rules. 19. CHANGE ORDER LETl'ER 19.1 Bilateral changes within the general scope of the agreement, as defined in Paragraph 1 above, may be executed using the change order letter process described in this paragraph and a form substantially equivalent to the sample change order letter attached as Exhibit B for any of the following reasons. 1. Where the agreed changes to the specifications result in an adjustment to the price, delivery schedule, or time of performance. 2. Where the agreed changes res.ult in no adjustment to the price, delivery schedule, or time Of performance. The change order shall contain a mutual release of claims for adjustment of price, schedules, Or time of performance. 3. Where the changes to the agreement are priced based on the amount to be paid for the products and/or services established in the agreement or Exhibit A. 4. Where the changes to the agreement are priced equal to or less than established catalog generally extended to the public or on prices or rates set by law or regulation. Other bilateral modifications not within the terms of the paragraph must be executed by fOlIDal amendment to the agreement, approved in accordance with state law. 20. GRANl' ASSDRA1'l'CES. 20.1 Since this grant agreement involves the expenditure of federal funds, the grantee/local agency/Agency shall at all times daring the execution of this agreement strictly adhere to and comply with all applicable federal laws and regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this agreement. The grantee/local agency/Agency shall also require compliance with these statutes and regulations in sub grant agreements entered into under this agreement. Federal laws and regulations that rozy be applitableinclude: 20.2 The Unifonn Administrative Requirement~ for Grants and Cooperative Agreements to State and Local Governments" (Common Rule), at 49 Code of Federal ReguLations, Part 18, Or the "Uniform Administrative Requirements for Grants and Agreements with Non-Profit Organizations", at 49 Code of Federal Regulations, Part 19, as applicable_ The requirements of 49 CFR Part 18, or Part 19, include, without limitation: 1) the Agency shall follow applicable procurement procedures, as required by section 18.36(d) or 19_36(d); 10 EGO/~~Od WdSS:G~ LOOG ~E ~cW LU6LSLEOE XCj ^3G ~ SN~~l lOGJ 07-HTD-00061 PO#29 1 000080 2) the Agency shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30 or section 1930; 3) the Agency shall comply with section 18.37 Or section 19.37 concerning any subgrants; 4) to expedite any CDOT approval, the Agency's attorney, or other authorized representative, shall also. submit a letter to CDOT certifying Agency compliance with section 18.30 or section 19.30 change order procedures, and with 18.36(d) or section 19.36(d) procurement procedures, and with section 18.37 Or section 19.37 sub grant procedures, as. applicable; 5) the Agency shall incorporate the specific agreement provisions described in section 18.36(i) or section 19.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. 20.3. Title 23, United States Code, Part 172, and Title 23, Code of Federal Regulations, Part 172, if the agreement work includes professional engineering or architectural services. 20.4. Title 23, United States Code;Part 112, and Title 23, Code of Federal Regulations, Parts 633 and 635, if the agreement work includes construction services. 20.5. Provided, however, that to the extent that other applicable federal requirements (including the provisions of Title 23) are more specific than provisions of Title 49, Part 18 Or 19, those requirements shall supersede such Part 18 or 19 provisions. 11 EZO/Z~Od wd55:Z~ LOOZ ~E ~~~ LZL6L5LEOE X~:l AjG ~ SN~~l lOGJ 07.HTD-00061 PO#29 1000080 SPECIAL PROVISIONS The Specia.l hovisions apply to all cOnrracta except where noted in italics. L CONTROLLER'S APPROVAL CRS 24-3G-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FCNj) A\' AILA1HLITY. CRS 24-30-:202(5.5). Finll-ncial obligatioDs ofthe: State payable afl~ the cunent :fiscal year are contingent upon funds fOr that purpose being appropriated, budgeted. and otherwise made available. 3. INPEMN1FlCA TrON Contractor shall indemnify. save. and hold harmless the State. its employees and agents, against any and oll claims, damages, liability .nd court award, includmg eo.ts, expenSes, .and attorney fees and related.costs. ineurred as a result of any act or omission by ContmctOr, or its employees. agents, subcontnctors, ar assignees pursuant to the terms of this contract. IApplicable Dilly 10 ]rllergovernmt:f!lal Contracts! No term or cOnditiOn of this eontract shall be eonstrned or itlterpreted as a waiver, express or implied, of any oithe ll!lIl\unities, rightS, benefits, protectioll, or other provisions, of the Colorado Governmental Imnumity Act, CltS 24- I 0- I 0 I er seq., or the Federal Tort Claims Act, 28 USe. 26'1 et seq,. as applicable, as now or hereafter amended, 4. INDEPENDENT CONTRACTOR. 4 cCR 801-2. Contractor shall perform its duties hereunder liS an indepen~nt contractor and not as an employee. Neither contractor nOr any agent Or employee of COl1tractor shall be or shall be. deemed to he an agent or employee of the state. Contractor shall pay when due all reqUIred employment taxes and Income taxes atld loc,\! head taxes on any monies paid by the sUre pursuant to this contract. Contractor acknowledges ,hat contractor and its employee. are not entitled to unemployment insurance benefits lllIless cotltractor or a third party provides suc1l coverage and thaI the state does not pay fOr or otherwise provide such coverage. Contractor shall have no au!horization, expresS or implied, to bind the state to any agreement. liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (Ilnd provide proof of ruch ins\lIance when requested by the state) and unemployment compensation insuranee in the amounts required by law and shall be solely responsible for its act~ and those: of its employees and agetlt;. 5. NON-DISCRlMJ.NATION. Contraetor agrees to comply with the letter and !he spirit of all applicable State and federal laws respeeting discrimination and unfair eroploymel'lt ]Jractlces. 6 CHOICE OF LAW Tnt!: law. of the State of Colorado. and rules and ~egulatians issued pursuant thereto, shall be applied in the interpretation~ execution. and enf()(Cement of this contract. Any provision of this eontract, whether or not incorporated herein. by referenoe, whiah pro\'ides for arbitration by any exrra-judicia.1 body or perSOn or which is otherwise in cOnflict with .aid laws, rules, lI11d regulations shall be considered null and void Nothing contained in any provision incotpornted herein by reference which purports to negate this or any other special provision in whole or in part .ha\\ be valid or etlforceable or available in any action at Jaw, whclber by way of complaint, defense, or otherv.rise. Any provision rendered null and void by tile operation of this provision will ncit invalidate the remainder of this conlnlct, (O the extent thar this oontract is capable of execution, At all times during the performance of this contmct, Con~tOr shall strictly adllere to all applicable fe(!e,al and Stlte law;, rules. and regulations that have been or may bereafter be established. 7. [NDt Apptic&lbJe tQ l"t6rgover1Un~"ro.l Contracts] VENDOR OFFSET. C~S 24-30-'-02 (1) and 24--30-20:Z_4. The State COntrOller may Wilhhold payml!:lll of censm debts owed to Sttte ageneies under the: vendoroffiet intercept system for: (a) unpaid child S\!Pport debt or child support arrearage.; (b) unpaId balances of tax:, a=d interest, or other charges specified in Artiele 21, Title 39, CRS; (c) unpaid loans due to !he Student Loan Division ofthe Department of Higher Education; (d) amOltt\ts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid~bts owing to the: State or its agencies, as a result of final agency determination or redllce(lto judgment, 3.$ certified by the: State ContrOller. 8. sOFTW ARE PIRACY l'ROHlBITION. Governor'. Executi-ve Ord~l' D 002 00. No State or ather public funds payable under this contr.ct shall be used fOr the ~uisition. operation, Or maintenance of computer softwa~. in violation of federal copyright Llws or apphcable licensil'\g resmctions. COtltractor hereby certifies that, !!or the term of this contract and any extensions. Contractor has in place appropriate syste:ms and controls to prevent such llnproper use of public fund.. If the State deternnnes that COntractOr is in violation of this paragraph. the State may exercise: any remedy available at law or equity or under thiS contract, including, without limitlllOn, immediate termination of this contract and any remedy consistent with federal copyright laws or applieable licensingrcstIictions. 9. EMPLOYEE FlNANCIA.J" INTE.REST, cRS 24-18,201 and 24-50'501, The signatories aver that to their knowledge, no employee of the State has any personal Of bQleficial interest whatsoever in the service Or property described in this COntract, 10. [Not Applk#Jble to Intergovernmental Contract's]. ILL"'<aAL ALIENS - pUl3LIC CONTRACTS FOR SE~VICES AND RESTRICTIONS ON PUBLIC aENEFITS. CRS 8-17.5-101 and 24-76.5-101, Contractor certifies that it shedl comply with the provisions of CRS 8-17.5-10l et seq.. Contractor shall not knowingly employ or contract with an. illegal alien to oerform work under tris contracj; or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to j)p.riorm work under this c()ntract. Contractor represents, warrants, <Ind agrees th..t It (I) has verified that it does not emp.loy any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland security, and (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b), Contractor shall comply with 011 reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this pro..;sion or eftS 8-17 .5-101 et seq., shall be cause for termination for breach and contractor shall be liable for actual and consequential damages, ContJactor.lf a naturl\\ person eighteen (18) years of age or ()lder, hereby swears or affirms nnder penalty of perjury that he or she (i) is a citizen or ()thenvlse lawhay present in the United States pursllllnt to federal law, (Ii) shan comply with the. provisions of C~S 24-16,5-101 et .eq., and (iii) shall product one form of idmti1ication reqllired by CRS 24-16,5-103 prior to the effective date of this cont}""ct. Revised October 25,2006 Eff(;ctive Date of Special ProvisionS.' August 7, 2006 12 ElO/E~Od wd~~:l~ LOOl ~E ~BW LlL6L~LEOE XBj A30 ~ SN~~l lOOJ 07-HTD-00061 ';i,' ,;,;??:",:t::~~;.;I.~::~~?t;:,;',:!.~~I~~~li:':~;::,~~f~t:'~'\~~i~~~\~\:~:~~:??1t~'t~tt:';~gA;t{.,,/:.;.,~:'~~~~~:::~: '~::~(I~~~~r.~~~~~~~'e":~~~~:":3~~fl:~~:~l~::I~~~S'~:;:~.:':~I~;~~~;S;~~;' !W;~tzjF:[;:;f~1;-'t;r:;,:;t:'d):;;;'i(:;,:\,;':~';,::c'; ''I:;..""., .."'..;'..,. "".";."""";i.~."..,.",:.",<./".~SP'C.G.. .1<\., ,.,,, XU,., ..... .\:71.'1 . ....'"'.,'.,.,,'.~,').'.:.;.~,",',.,'.',,..,.,.'.:;'.,",' .' .': " ,\,~?~'\i'};(:':, ~:,:,,,;,:',,,:,~,<~'I. '. I'".;,;'.l;;;,'::'::i;~',~:::.',;i;.': "f" ',,'r ::,~,.'I ,<_,;",.,.,.",,- .., l~..'. .~i~":'" '::',;'~ n.";,,, '.i~ "0 .'l:,', "i,'",,\\,,_, ," :.- .,..:......, ;':' : ., , ."::""'.J' ':::,;,::'.;',~.\,. "".1::.' ':",:" .:'. ':,':: -. ''',:;. ,.,~.,~,,, ". SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTBD THIS CONTRACT CONTRA.CTOR: C>\-k 0/ W ~let:d f2\d~e, Legdll\~me' of Contracting Entity B ~~ 05L1-'1 ~~d- 27;;1 ~~b;~:Jlv '''tie. vYo~~~tjj;~/llb 11/ A\V D(L Print Name & Tit1 of Authorized Officer CORPOR.A TIONS: (A corporate attestation is required.) Attest (Seal) By STATE OF COLORADO: GO/l.ERnNVO:R~. / . //' ~ / Bv ~~~ ~ Mtlve Directf ~t ofT"mspo""ti", LEGAL REVIEW: John W. Suthers, Attom:YGeneral By;h~1 ~ [. \J 1~1- (Corporate Secretary or Equivalent, or Town/City/County Clerk) (place corporate seal here, if available.) ALL CONTRACTS :MlJST BE APPROVED BY THE 8T ATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts, This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If perfonnance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. S TE CaNTROLL VSh'M. Sh,nt t . ~ ;4y~~ i :l {/7// d By Date ElO/VfOd rnd9S:lf LOOl fE ~~W LU6LSLEOE x~:1 Effective Date: August l, 2005 ;# ~3 A3G ~ SN~~l lOGJ 07-HTD-0006l PQ#291000080 Exhibit A City of Wheat Ridge Safe RQutes to School "Safe ROlltes in Jeffco" Scope of Work for 2005/2006 funding cycle Contact: Julie Brisson, Recreation Manager, City a/Wheat Ridge, Parks and Recreation Department Scope of Work: The City of\Vheat Ridge, through Livable Communities Support Cc:nter (LCSe), will be responsible for all project administration, coordinatlon and management services to implc:mellt the "Safe Routes in Jeffco" project as described in the "Safe Routes in Jeffco" proposal to CDOT. This scope of work is for services scheduled to begin in September 2006 and to be completed by September 2007, The City of Wheat Ridge will manage and implement the following educational, prograrrunatic and promotional components of the "Safe Routes in Jeffco" project: Establish and maintain Safe Routes in Jeffco Stakeholder Group - include parents, students, teachers, neighbors, school staff members, city and county staff, elected officials, businesses, community groups and law e:nforceme:nt to assist with the design and implementation of the activities. Hold WalkIBikc to School Day at three elementary schools (Pennington, Stephens and Vivian and/or Wilmore-Davis)- kick off the program and then build it into either a monthly or bi~weekly event depending On the school. . Hold BicycLe Rodeo days - will include a bicycle safety clinic, a "Rules of the Road" lecture, a "chalk street" and helmet fitting at three schools (Stevens (unless after September 16ch), Pennington and Vivian Elementary (and/or Wilmore Davis) Create an Escort Program wi1l coordinate and manage a Walking and Biking Schooll3us program at each school Establish a Safety Monitors Program - includes outreach program for volunteers, safety and road rules training and volunteer scheduling and management - as a pilot program at Vivian Elementary and based on the acceptance/success possibly at Pennington and Stephens. Conduct WalkinglBicycling Audit for School Officials" with walkability experts at three schools that include Penningto!1, Stevens, and Vivian and/or Wilmore-DaVis. Develop and maintain Public A.w.ireness Campaign - will write and circulate articles about the project and progress being made by the schools to local media, school newsletters, fact sheets for students, etc. Create and conduct Student Traffic Safety Obstacle Course - will be. create:d and managed by physical education teachers at the three elementary schools mentioned above. . Develop Safe Routes Map for each of the target 5chools- based OIl walking audits and interactive mapping activities. Timetabh: September/October 2006 1 bicycle rodeo day held at Stevens Elementary (Sept. 16th, 2006) Estabhsh and maintain Safe Routes in Jeffco Stakeholder Group (Sept.-Oct) Public Awareness campaign (September 2006 - July, 2007) Establish Safety Monitor program and work to make it sustainable (Oct.-June) NovernberlDecember 2006 Conduct walking audits of schools with walkability expert Develop safe routes map for each of the target schools Create Escort Programs Marchi April 2007 2 bicycle rodeo days at Vivian and Pennington Elementary .(and/orWilmore-Davis Elementary) Student traffic safety obstacle course at three elementary schools mc:ntio:ned above Hold One walk/bike to School Day at Stevens Elementary Mav/June 2007 Roid 2 Walk/Bike to School Days at Vivian and permington andlor Wilmore-Davis Project Budget: 14 ElO/S~Od wd9S:l~ LOOl ~E ~B~ LU6LSLEOE XB:J ^3G ~ SN~~l lOGJ 07-HTD-00061 PO#291000080 $31,990 (includes walkability experts, teachers, volunteer coordinators and safety monitor program staff) (includes staff expenses for project management and administration) $11,071 Personnel: Equipment'supplies: Promotionladvenising: $3,460 lotal proj ect budget: $46,521 Item I I Personnel Jim Charlier, Wa1kability Expert (for 1.5 rlay audit) . Phys Ed Teachers (3 teachers at $110 per day for 5 days) for Safety Obstacle Courses Intern for events (24 hrs x $10) V olunteer Coordinator to Implement Escort Programs (l per school: 150 hours at $10 per hour) Safety Monitor Trainer & Coordinator , for parents and students (also 1 per 'schooL 150 hours at $10 per hour) I LCSC - Paige Heydon-McCrary: Project . Adminisu'ation (106 hours at $50 per , hour) ! EnviroHealth Consulting - Karen Roof: . Project Management (284 hours at $50 i per hour) E uipment and Suf!J!Jles Supplies for Bicycle Rodeos (includes tent rental, chalk, signage, beverages) for each school Gift Certificates from local vendors to be given as incentives to Safety Monitor Volunteers I Mats for Safety Obstacle Courses (x 3, one set for each school) I Arrows for Safety Obstacle Courses (x 3, one set for each school) I Cones (x 3, one set for each school) Traffic safety signs for Safety Obstacle Courses (1 set contains 36 signs, x 3, one set for each school) I Promotion and Advertisin~ I Printinf< \ Brochures for Walk/Bike to School Day I Education Fact Sheets Safe Routes Map- (with graphics) Advertisements for Bicycle Rodeos L Totals: ElO/9~Od wd9S~l~ LOOl ~E ~ew Requested SR2S Funds 1,600 1,650 240 4,500 4,500 5,300 14,200 6,200 1,500 2,868 128 90 285 1,200 460 1,300 500 46,521 LlL6LSLEOE xej I ~ I j \ \ 1 15 A30 ~ SN~~l 100J 07-HTD-0006l PO#29 I 000080 Organization: Other PrOjEct Tille: "Safe Routes in J~ffco" Contact Name: Paige Heydon-McCrary Contact Title: Program Director Organizanon: Livable Communities SUpport Center A Program of Civic Results Mailmg Address 1009 Grant Street, Ste. 203 Denver, CO 80203 Best Phone #: 303-477-9985 Contact E-Mail: 2ai e-e(cvci vicresults .org Contact Fax: 303-477,9986 Amount of request: $46,521 School Districts: Jefferson County School Names: Stevens, Pennington and Vivian Elementary Schools Signature and Title of Person Submitting the Proposal Datc 'By signing. applicant a.dmits to being authorized to sign for Civic Results and that all the information contained herein is true and correct to the best ofhislher knowledge. SECTION 1: What is the Problem? Tell us the current condition for biking and walking in your school area. The goal of Safe Roules in Jelleo is to promote: increased physical activity among children enrolled at Pennington, Stevens and Vivian Elementary Schools, Pennington Elementary and Stevens Elementary are located within the City of \Vheat Ridge and Vivian Elementary IS locatod On the border of\Vheat Ridge and Lakewood, CO. All three schools are located in Jefferson County. All three also servo predominantly lower income families In 2003, a survey conducted by the Jefferson County Department of Health and Environment (1CDHE) identified that 33% of Wheat Rjdge.residents were overweight and 17% were obese. According to the National Institutes of Health, the number of children \vho are overlNeight has doubled in the last two to three decades. Currently, 1 child in 5 is overweight, and 15.3% percent of children ages 6 to 11 are obese. One cause of childhood obesity is the lack of daily physical activity (Colorado Department of Health and Environment, Childhood Obesity - "Super~sizing It" Isn't a Valuc. htto:/lwv<iw.cdnhe.state.co.us/steos/suDcrsize.html). a) There is little programmatic or educational infrastructure in place regarding walking and biking to school in the three target schools. Two of the schools have one crossing guard and one has none. Due to budget cuts, next year the !\V 0 existing crossing guards are slated to be eliminated. None of the schools have any curriculum or training for parents and children on road and biking safety. Further, the health benefits 6fwalking and biking have not been systema,ically communicated to the families on an on-going basis. b) Based on a preliminary site visit by Dan Burden from Walkable Communities, Inc. to each of the schools, we have identified several significant risks currently facing pedestrians/cyclists at the target schools. These include: driver non-compliance with nearby stop signs and school zone speed limits, particularly in the school parking lots; missing sidewalks in surrounding areas; poorly designed and unsafe crosswalks; drivers ignoring specd bumps which are also not clearly marked; and wide drive ways at each of the schools, which a.llows for multiple lanes of carS and a higher accident risk 10 walkers and bikers as they enter the school property. c) Stevens, Pennington and Vivian Elementary Schools were selected because they. Serve predomi~ant1y lower i.ncome., . communines and each is a participant in the Thriving Wheat Ridge project, a parallel project seeklIlg to Increase phYS1C~1 actrvlty In residents or students attending \Vheat Ridge schools. Each is a Title 1 school. The frce/reduced lunch rates arc, respectwely: Stevens 16 EGO/L~Od wd9S:G~ LOOG ~E ~~W LU6LSLEOE x~:l A30 ~ SN~~l lOOJ 07-HTD-00061 PO#291000080 66.9%; Pennington 66.7%; and Vivian 54%. In lower income communities such as these, parents often struggle to provide basic needs such as housing, clothing and meals for their children. Providing access to recreation is often not a priority for many lower income families. d) In interviews \Vith the Principals at each ofthe target schools, traffic safety emerged as a paramount concern. Each believed that the historically low levels of pedestrian and bicyclerravel to and from the schools was based on consistently negative traffic patterns (i.e., motorists ignoring traffic signs and speed bumps) and the lack of educational resources t6 change those patterns. e) Complete the following information fOf each school affected by the proposed program: School name Student pOPulation I Grades of students at school I EstiIrulted students who currently walk to school Estimated students who currently bike to school Percentage of students living within two mile radius Distance eligibility for ridin~ a bus (radius) in miles Number of children not eligible for bUSing I Number of students expected to benefit from program Stevens 385 K-6 177 18 52% 2 miles 300 384 I Pennington I 210 I K-6 I 103 I l? 80% 2 miles 140 210 f) Existing School Programs Which Educate/Enhance Walking and Biking r School i Stevens Pennington Vivian l Jefferson County Schools Current Pro~m School Safety Plan, Bicycle Rodeo School Safety Plan School Safety Plan Grade Level Expectations Guide for PE Vivian 219 K-6 30 3 50% 1 mile 145 220 In addition to these, there are three existing programs that will support the Safe Routes in Jeifco program. "Healthy BodIes 1 Healthy Minds" is a program that promotes health and wellness among elementary school aged children and carries the theme that physical activity and fitness helps children excel academically. Under this program, which is a program at Pennington and Vivian, children are encouraged to participate in some type of physical activity at home; or at the WheafRidge RecreatIOn Center. The "Wheat Ridge Neighborhood Revitalization Strategy" (NRS), funded by the "Wheat Ridge City Council in 2004 for $214,500, is an ambitious urban renewal project. The vision of the NRS is for a healthy, sustainable community. One goal of the 1'-<"'RS IS to create a cultural change towards health. A citizen advisory board working with the city of \Vheat Ridge initiated a ballot issue to increase sales tax that would strengthen police department presence, maintain appropriate 'Wbeat Ridge Parks and Recreation District staff and eqllipment, and attract business and job development. Building on this momentum, JCDHE applied for and received one of Kaiser Pcrrnanente's 'Thriving Community" (TC) grants for the City of 'Wheat Ridge. The objective ofthe TC program is to promote healthy eating and active living in the City of Wheat Ridge. g) See attached Google maps of school sites. SECTION 2: Project Description and Solutions to ExistingObstacles a) The Safe Routes in Jeffco project would include the following educatIOnal, programmatic and promotional components: i. Create the Safe Routes in Jeffco Stakeholder Group that will be needed to implement these programs and ultimately, to make: these events and programs sustainable in the "Wheat Ridge and Lakewood communities. This group would include parents, students, teachers, neighbors, school staff members, city and county staff, elected officials, businesses, community groups and law en.forcemen t. Ii. Walk/Bike to School Day. We'll start with one inaugural Walk/Bike to School Day to kick off the program and then build it into either a monthly or bi-weekly event. This will include encouraging parents who drive to schOOl to drop off their riders a few blo<;ks from the school on the Walk/Bike to School day so that students who are unable to walk the entire distance can still participate:_ The: three schools have identified Wednesday as the preferable day for this event. iii. Hold a Bicycle Rodeo at the three elementary schools. Each Bicycle Rodeo will be held on a Saturday in the Spring. The Bicycte Rodeo will include a bicycle safety clinic, a "Rules of the Road" lecture, a "chalk street" and helmet fittmg The Rules afthe ElO/8~Od wdL5:l~ LOOl ~E ~cW LlL6L5LEOE xc::! 17 A30 ~ SN~~l lOOJ 07-HTD-00061 PO#29 I 000080 Road lecture will be conducted by members of the Wheat Ridge police Department. The "chalk street" is a miniature courSe set up in a parking lot where cyclists are shown where and how to apply the rules of the road that they learned in the safety lecture. iv. Create an Escort Program (i.e., Walking & Bicycling School Bus Program) As part of the Safe Routes in Jeffco project, we win coordinate and manage an inaugural Walking and Bikmg School Bus program at each school. The Escort program will determine the safest routes for travel and coordinate meeting places for participants and provide safety u.aining to bus supervisors (volunteer parents). Based on the CDC recommendations, our program will strongly advoc.ate for no more than 6 children (elementary aged) per bus supervisor. Though the WalkinglBiking bus programs will operate off school property, each school program will have an on-site program coordinator to provide any/all support needed for successful implementation. The frequency of the WalkinglBiking School Bus program will be determined based on specific interest at each schooL v. Create a CrOSSing Guard Program. At each school, we will create a fonnal crossing guard program. This program will include creating an outreach program for volunteers, safety and :road rules training and volunteer scheduling and management. The n.aining program will be administered by a combination of a hired trainer and in kind staff support from the Wheat R1dge Police Department. vi. Walking/Bicycling Auditfo/'" School Officials with walkability expert Jim Charlier. Charlier will visit each school site and perform a walkingJbicycling audit with school officials. These audits will result in a comprehensive list of suggested improvements for each school site. This will enable school officials to make informed decisions about longer term policy and infrastructure changes that may be necessary to t'"ulJlote walking and biking to and from their school sites. vii. Public Awareness Campaign. Building upon the relationships with local media established by the Thrivmg Wheat Ridge project, the Safe Routes in leffco project will write and circulate articles about the project and progress being made by the schools to local media. We will also write articles for Bchool newsletters and produce educational fact sheets (both of which will be sent home with students) about the importance of the Safe Routes program. viii. Student Traffic Safety Obstacle Course. The Safety Obstacle Courses will be created and managed by physical education teachers who have received training on pedestrian, bicycJeand road safety. These teachers will develop and implement an interactive curriculum using rubber mats, cones, etc. to teach traffic safety lessons (at least tvVice during the year at each school). These lessons will be conducted during school hours, most likely during a recess period Or in the case of Stevens Elementary at the school Safety Fair. ix. Safe Routes Map for each of the target schools. Based upon the walking audits conducted by Jim Charlier and interactive mapping activities (which will include participation by children and parents), we will create maps that map out the safest routes to each school. These maps will also support the Escort (WalkinglBiking School Bus) Program. b) Each of the above educational, promotional and programmatic efforts are aimed at breaking down the barriers to walking and biking to Stevens, Pennington and Vivian Elementary Schools. Based on this combination of educational (Bicycle Rodeo, Public Awareness Campaign, Safety Obstacle Course), promotional (Walk/Bike to School Day, Bicycle Rodeo) and programmatic (Escon and Crossing Guard Programs) we believe that the Safe Routes in Jeffco project is comprehensive and has a high likelihood of both buy-in and subsequent sustainability. c) The Safe Routes in leI/co program will be managed by Paige Heydon-McCrary (listed as project contact) and Karen Roof. Heydon-McCrary is the Program Director for the Livable Communities Support Cenler, a program of Denver based 50 1(c)3, Civic Results. Roofis the Principal ofKRoofEnviroHealth, a Colorado-based.consulting fInn. Together HeydoTI"McCrary and Roof also manage the Thriving "Wheat Ridge project with the Jefferson County Department of Health and Environment. d) The primary target of the Safe Routes in JefJco program is the 814 children at Stevens, PenningLOn and Vivian Elementary Schools. However, we hope that as a Iesult of the education, programmatic and promotional activities included in this project, we can also impilct the parents and families of these students. Further, through our Public Awareness Campaign, we also aim to impact the sun'oundmg neighborhoods. SECTION 3: Description of project time.line from start to finish. Date June 1, 2006 Milestone Authorization from CDOT to proceed July 2006 Convene l~! Safe Routes :in J dfeo Stakeholder Meeting 18 ElO/6fOd rndLS:lf LOOl fE ~ew LU6LSLEOE xe::l A3G ~ SN~~l lOGJ July 2006 August/September 2006 August/September 2006 September 2006 September 1, 2006 September 2006 September/October 2006 November 2006 November 2006 January 2007 February 2007 April 2007 May 2007 June 2007 Jim Charlier Site Audits Begin training ofvolunceers for Crossing Guard Program Convene 1 ,t of 2 "Safety Obstacle Course" at each school Convene 1 &\ Walk/Bike to School. Day at rnch schoo I Complete all NEP A requirements Initiate Escort Program (Walking/Biking School Buses) Implement Crossing Guard Program Initiate Public Awareness Campaign Project mid"point; Collect data on numbers served and impact of project to date at each of the target schools Mid-project Safe Routes Stakeholder Progress Meeting Convene 2nd "Safety Obstacle Course" at each school Hold Bicycle Rodeos at each school on different Saturdays of month Complete comprehensive reportmg on Safe Routes in Jefteo for CDOT/Safe Routes for Year 1 Based on the results of a renewal application for continued Safe Routes funding and oth~r monies we are able to raise to support OUr efforts, We will begin a second calendar year of the Safe Routes in Jeffco project. SECTION 4: List of Safe Routes in JefJco Partners, a) Safe Routes in JejJco Panners and Roles: 07-HTD-0006l PO#29 1 000080 1. Livable Communities Support Center- will serve as the coordinating organization and management team for the Safe Routes in Jeffco project. 2. Jefferson County Department of Health and Environment- will assist to coordinate with the schools and City partners. JCDHE will also provide some management support on the project. 3, Stevens Elementary School- will be a full partner in this project and will assist in providing infom1atlon to students and parents. Stevens will also help with program coordinatio'n. 4. Pennington Elementary School- will be a full partner ill this project and will assist in providing information to students and parents. Pennington will also help withprogram coordination. 5. Vivian Elementary School- will be a full partner in this project and will assist in providing information to students and parents. Vivian will also help with program coordination. 6. The City of Wheat Ridge- win provide policy support to the project as well as assist in coordinating inter- agency efforts (such as coordinating police stafffor the Crossing Guard Training Program). The City will also assist in long-term sustainability efforts, 7. The City of Lakewood- will provide additional support coordinating the project and its many players. Like Wheat Ridge, the City of Lakewood will also assist in our effort to make the overall project and specific strategies and partnerships sustainable. b) Safe Routes in Jeffco Supporting Organizations 1. City of Wheat Ridge a. Mayor Jerry DiT'ullo b. Par]q and Recreation c. Public Works (City of Wheat Ridge and City of Lakewood) . ElO/OlOd wdLS:lf LOOl fE ~~W LlL6LSLEOE x~:l 19 ^30 ~ SN~~l 100~ 07-HTD-00061 PO#291 000080 d. Police Department 2. The Thriving Wheat Ridge Partnership, which includes JCbHE, the City of Vvneat Ridge, Exempla Lutheran Hospital, Jefferson Center for Mental Health, Jefferson County R-I Schools, and Washington Mutual Baal: of\Vheat Ridge. 3. Wheat Ridge Businesses a. W'heat Ridge Cyclery SECTION 5: Measurements of Success a) The Safe Routes in Jeffco project would report project progress based on the following: 1. Routine progress reports to CDOT 2. Project will have built in feedback mechanisms for project parmefs and sponsors to let us know what's working and what strategies might not be effective. b) Quantitative measurement ofresults will be gathered periodically throughout the project by polling students and compared to the following initial baseline data: . Total number of students reached by project; . Number of students walking, biking, being bused, and being driven; and Pan:ntlfamily participatlOn in programs and events. Students Walking I Students Biking I Students Bused I Students Driven -.farent Participation in Project/SR Events Students Reached by SR Project 124 o o 109 o o Vivian (n=l1 0) 30 3 22 51 o o Starting Baseline Data Stevens Pennington SECTION 6; Safe Routes in Jeffco B4dger I rem Requested SR2S Funds Committed Local Funds Value of Donated Goods or Services Total Cost a7-HTD~OOO61 PO#291000080 Supplies for Bicycle Rodeo;; (includes tent 6,200 3,500 9,700 rental, chalk, signage, beverages) for each school Gift Certificates from local vendors to be 1,500 1,500 given as incentives to Crossing Guard Program Volunteers I Mats for Safety Obstacle Courses (x 3, one 2,868 2,868 j set for each school) Arrows for Safety Obstacle Courses (x 3, 128 128 one set for each school) I Cones (x 3, one set for each school) 90 90 Traffic safety signs for Safety Obstacle 285 285 Courses (1 set contains 36 signs, x 3, ODe set for each school) Reproduce & bind Crossing Guard 750 750 Cuniculum I Promotiolt and Advertisih~ i frinrinz ! Brochures for Walk/Bike to School Day 1,000 1,000 Education Fact Sheets 250 250 Safe Routes Map- (with graphics) 1,200 1,200 I I Advertisements for Bicycle Rodeos 500 500 I 1,000 I I I I Totals 46,521 I 20,100 18,024 I 84,645 Blldget lVotes: *The Thriving Wheat Ridge project provided some complementary funding for the Safe Routes in Jeffco project. **JCDHE received a $6000 dollar planning grant from CDPHE to work on walking and pedestrian issues at Pennington Elementary School. ElO/llOd wd8S:lf LOOl fE ~ew LlL6LSLEOE xej 21 ^3G ~ SN~~l lOGJ '1 07-HTD-00061 PO#29 1000080 SAMPLE BILATERAL CHANGE ORDER LETTER Exhibit B Date: State Fiscal Year: Bilateral Change Order Letter No. In accordance with Paragraph of contract routing number eill (Aaenc~) (Routin[J #) between the State of Colorado Department of or Higher Ed Institution (aoencv name~ (division) and (contractor's nam€:) covering the period of (include oerformance Deriod here)) the undersigned agree that the supplies/services affected by this change letter are modified as follows: c~oice #1; Services/Supplies Exhibit/Attachment 1 Schedule of Equipment for Maintenance Or Schedule of Delivery, is amended by (addinq/deletino) or (increasina/decrea,$ingJ the level of services. The term of this contract is hereby modified by (incr~asina/decrea5inQ) the ending term date as appropriate to the change made above. C~oice #2; Price/Cost The maximum amount payable by the State for (.'jervice/commoditvJ in paragraph/Schedule/Exhibit/Attachment/Provision/Section is (increased/decreased) by ($. amount of chanae) to a new total of ($ ) based on the unit pricing schedule in Exhibit/Attachment . The first sentence in Paragraph is hereby modified accordingly- The total contract value to include all previous amendments, change orders, etc. is ($ ). Choice #3: No Cost Change The parties agree that the changes made herein are "no cost" changes and shall not be the basis for claIms for adjustment to price, cost ceiling, delivery schedule, Or other terms Or conditions of the contract. The parties waive and release each other from any claims or demands for adjusnnent to the contract, including but not limited to price, cost, and schedule, whether based on costs of changed work or direct Or indirect impacts on unchanged work. [Include this sentence]: The effective date of this change order is upon approval of the State Controller or (date), 20 _ whichever is later. Please sign, date, and return all copies of this letter on or before 20 APPROVALS: Contractor Name: State of Colorado: Bill Ritter, Jr., Governor By: Name Title By: Date: For the Executive Director/College President Colorado Department of/or Higher I;:d Institution ALL CONTRACTS MUSTPe: A.PPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contractis signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. State Controller Leslie M. Shenefelt By: Date Date Issued: January 9, 2007 ElO/ElOd wd8S:l~ LOOl ~E ~ew LlL6LSLEOE xej 22 ^30 ~ SN~Ml lOOJ