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CR 2014-073 Professional Service Agreement - Hen. Cty Active Living GrantCity of gopkim July 10, 2014 Council Report 2014-073 PROFESSIONAL SERVICE AGREEMENT - HENNEPIN COUNTY ACTIVE LIVING GRANT Proposed Action Staff recommends adoption of the following motion: Move to approve the Professional Service Agreement between Hennepin County and the City of Hopkins. With this motion, the agreement will be'signed and forwarded to Hennepin County. Overview The City of Hopkins applied for and was chosen to receive a grant through the Hennepin County Active Living program. The grant award is for $32,000 in direct reimbursement to the City and approximately an additional $30,000 in services. The intent of the program is to use policy, systems and environmental changes to promote access to active living with a special emphasis on populations that experience health disparities. In Hopkins, this will be achieved through a variety of initiatives, including the following: • Increased bicycle and pedestrian educational outreach and enforcement strategies led by the Hopkins Police Department • Development of a zoning overlay district that would provide for new or expanded trail and/or sidewalk connections led by the Planning Department • Hosting of a place -making workshop and creation of a temporary installation of the Artery • Support of an earn -a -bike project for two target populations The grant also requires the City to establish a project steering committee that will meet every other month and may require modifications to our Complete Streets Policy, Supporting work by others but related to this project is the pursuit of Bicycle Friendly Community status and data collection related to bike and pedestrian counts in the City. Primary Issues to Consider The work to be undertaken under this grant is supported by the various departments and by City goals, specifically two strategies under Urban Design: Do it Right—Healthy City Initiatives and Improving Walking and Biking Infrastructure. Under these strategies are listed several action steps that support active living principles and the activities proposed in this.application, including implementation of the sidewalk and trail master plan, support of complete streets initiatives, exploration of a pedestrian/bike overlay, pursuit of a Bicycle Friendly Community designation and exploration of bike sharing opportunities. Supporting Information • Personal/Professional Service Agreement of Planning & Development Financial Impact: $ 0 Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Contract No: A 14095 6 PERSONAL/PROFESSIONAL SERVICE AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Human Services and Public Health Department, A-2300 Government Center, Minneapolis, Minnesota 55487 ("DEPARTMENT") and City of Hopkins, 1010 First Street South, Hopkins, Minnesota 55343 ("CONTRACTOR"). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT CONTRACTOR agrees to furnish services to the COUNTY commencing June 1, 2014 and expiring November 30, 2015, unless cancelled or terminated earlier in accordance with the Default and Cancellation/Termination provisions of this Agreement. CONTRACTOR shall be paid in four installments, as more fully described in Exhibit B, attached and incorporated by this reference. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Thirty -Two -Thousand Dollars ($32,000.00). 2. SERVICES TO BE PROVIDED CONTRACTOR is participating in the Active Living Hennepin County project, as more fully described in Exhibit A, attached and incorporated by this reference. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to CONTRACTOR after completion of the services upon the presentation of a claim as provided by law governing the COUNTY's payment of claims and/or invoices. CONTRACTOR shall submit monthly invoices for services rendered on fonns which may be furnished by the COUNTY. Payment shall be made within Thirty -Five (35) days from receipt of the invoice. CONTRACTOR shall not provide services under this Agreement without receiving a purchase order or purchase order number supplied by the COUNTY. All invoices shall display the COUNTY purchase order number and be sent to the central invoice receiving address supplied by the COUNTY. " 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED Form 101 (Revised 8/2013) 1 " --�.,_ - _ ..,....._ "r�rzo�mmaoae - ,. - "..s7ie�-sevarvm_.d..r! 99ee _y Contract No: A 14095 6 5. INDEPENDENT CONTRACTOR CONTRACTOR shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CONTRACTOR as the agent, representative, or employee of the COUNTY for any purpose. CONTRACTOR is and shall remain an independent contractor for all services performed under this Agreement. CONTRACTOR shall secure at its own expense all personnel . required in performing services under this Agreement. Any personnel of CONTRACTOR or other persons while engaged in the performance of any work or services required by CONTRACTOR will have no contractual relationship with the COL NTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against CONTRACTOR, its officers, agents, contractors, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 6. INDEMNIFICATION AND INSURANCE A. Each party shall be liable for its own acts and the results thereof to the extent provided by law, and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers, and agents), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or .anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Except for State agencies, each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law.. The liability of State agencies shall be governed by the provisions of Minnesota Statutes, Section 3.736 and other applicable law. B. Each party warrants that it has a purchased insurance or self-insurance program C. Duty to Notify. CONTRACTOR shall promptly notify the COUNTY of any claim, action, and cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement. CONTRACTOR shall also notify the COUNTY whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents of subcontractors, and/or the COUNTY, might become the subject of a claim, action, cause of action, Fomi 101 (Revised 8/2013) 2 Contract No: A140956 criminal arrest, criminal charge or litigation arising out of and/or related to the services contained in this Agreement. Failure to provide the notices required by this section is a material violation of the terms and conditions of this Agreement. 7. DATA PRACTICES CONTRACTOR, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and/or the Health Information Technology for Economic and Clinical Health Act (HITECH), adopted as part of the American Recovery and Reinvestment Act of 2009. CONTRACTOR acknowledges and agrees that classification of data as trade secret data will be determined pursuant to applicable law and, accordingly, merely labeling data as "trade secret" does not necessarily make it so. If CONTRACTOR creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement, then CONTRACTOR must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. CONTRACTOR agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the expiration, cancellation or termination of this Agreement. 8. RECORDS — AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CONTRACTOR agrees that the COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CONTRACTOR and involve transactions relating to this Agreement. CONTRACTOR shall maintain these materials and allow access during the period of this Agreement and'for six (6) years after its expiration, cancellation or termination. 9. SUCCESSORS SUBCONTRACTING AND ASSIGNMENTS A. CONTRACTOR binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and- obligations contained in the contract documents. B. CONTRACTOR shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the Form 101 (Revised 8/2013) 3 _ __ _ _ . ;_ :: Contract No: A140956 COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by CONTRACTOR, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. C. CONTRACTOR shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. Further, CONTRACTOR shall be fully responsible for the acts, omissions, and failure of its subcontractors in the perforinance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CONTRACTOR and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified herein. CONTRACTOR shall make contracts between CONTRACTOR and subcontractors available.upon request. 10. MERGER AND MODIFICATION A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. The express substantive legal terms contained in this Agreement including but not limited to the License, Payment Terms, Warranties, Indemnification and Insurance, Merger and Modification, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope or work, development specification or other development process or document. 11. DEFAULT AND CANCELLATION/TERMINATION A. If CONTRACTOR fails to perforin any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless CONTRACTOR's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until CONTRACTOR's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to CONTRACTOR. Fenn 101 (Revised 8/2013) 4 - _ :_: r __ _ Contract No: A140956 B. Upon cancellation or termination of this Agreement: 1. At the discretion of the COUNTY and as specified in writing by the Contract Administrator, CONTRACTOR shall deliver to the Contract Administrator copies of all writings so specified by the COUNTY and prepared by CONTRACTOR in accordance with this Agreement. The term "writings" is defined as: Handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording, including electronic media, any form of communication or representation, including letters, works, pictures, drawings,"sounds, or symbols, or combinations thereof. 2. The COUNTY shall have full ownership and control of all such writings. CONTRACTOR shall have the right to retain copies of the writings. However, it is agreed that CONTRACTOR without the prior written consent of the COUNTY shall not use these writings for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such writings; and shall not do anything which in the opinion of the COUNTY would affect the COUNTY's ownership and/or control of such writings. - C. Notwithstanding any provision of this Agreement to the contrary, CONTRACTOR shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by CONTRACTOR. Upon notice to CONTRACTOR of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the COUNTY from CONTRACTOR is determined. Following notice from the COUNTY of the claimed breach and damage, CONTRACTOR and the COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. E. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled/terminated with or without cause by either party upon thirty (30) day written notice. Fonn 101 (Revised 8/2013) Contract No: A140956 G. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, CONTRACTOR shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then delivered and Accepted Deliverables/Milestones pursuant to the terms expressly set forth in Section 2 of this Agreement. In the event CONTRACTOR has performed work toward a.Deliverable that COUNTY has not Accepted at the time of expiration, cancellation or termination, CONTRACTOR hereby expressly acknowledges and agrees that CONTRACTOR shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any'other payments, fees, costs or expenses not expressly set forth herein. H. Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut -down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any services that are provided after notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to the terms in this paragraph 13(G), COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination pursuant to the terms herein except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for services not then performed, costs, expenses or profits on work done. 12. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT ADMINISTRATION In order to coordinate the services of CONTRACTOR with the activities of the Human Service and Public Health Department's Public Health Promotion and Protection Area so . as to accomplish the purposes of this Agreement, Laura Frederick Wang, Principal Planner, or successor, ("Contract Administrator"), shall manage this Agreement on behalf, of the COUNTY and serve as liaison between the COUNTY and CONTRACTOR. Form 101 (Revised 8/2013) 6 Contract No: A140956 14. COMPLIANCE AND NON -DEBARMENT CERTIFICATION A. CONTRACTOR shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, CONTRACTOR shall comply with all applicable conditions of the specific referenced or attached grant. C. CONTRACTOR certifies,that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. SUBCONTRACTOR PAYMENT As required by Minnesota Statutes Section 471.425, Subd. 4a, CONTRACTOR shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of payment from the COUNTY for undisputed services provided by the subcontractor. CONTRACTOR shall pay interest of 1 %z percent per 'month.or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, CONTRACTOR shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including any attorney's fees, incurred in bringing the action. 16. PAPER RECYCLING The COUNTY encourages CONTRACTOR to develop and implement an office paper and newsprint recycling program. 17. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to CONTRACTOR shall be sent to the address stated in the opening paragraph of the Agreement or to the address stated in CONTRACTOR's Form W-9 provided to the; COUNTY. 18. CONFLICT OF INTEREST CONTRACTOR affirms that to the best of CONTRACTOR's knowledge, CONTRACTOR's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Fonn 101 (Revised 8/2013) 7 ------- - _=�� .a �,..=,.e_ ::««— -.-�at«a.a°se__- Contract No: A 14095 6 CONTRACTOR agrees that, should any conflict or potential conflict of interest become known to CONTRACTOR, CONTRACTOR will immediately notify the COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and will advise the COUNTY whether CONTRACTOR will or will not resign from the other engagement or representation. 19. PROMOTIONAL LITERATURE CONTRACTOR agrees, to the extent applicable, to abide by the current Hennepin County Communications Policy (available upon request). This obligation includes, but is not limited to, CONTRACTOR not using the term "Hennepin County" or any derivative in anypromotional literature, advertisements of any type or form or client lists without the express prior written consent of a COUNTY Department Director or equivalent. 20. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK Fomi 101 (Revised 8/2013) 8 Reviewed by the County Attorney's Office Contract No: A 14095 6 COUNTY BOARD AUTHORIZATION COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: And: Assistant/Deputy/County Administrator Date: CITY OF HOPKINS By: Its: And: Its: CITY represents and warrants that the person who executed this contract is authorized to do so pursuant to applicable law and that any other applicable requirements have been met. Fonn 101 (Revised 8/2013) 9 _--._-- - Contract No: A 14095 6 EXHIBIT A: CONTRACTED SERVICES Hopkins Active Living Innovative Strategies Funding 1. PURPOSE CONTRACTOR will receive funding and support to work with COUNTY and contracted consultants to identify, plan and implement its active living policy and program objectives. Specifically, this support will include a) funding of city staff, including planners and/or parks and recreation, as well as police; b) technical assistance and community engagement consultants; and c) support from a bicycle non-profit to develop an earn -a -bike program with residents in ,low income housing. CONTRACTOR will work in partnership with COUNTY staff and its consultants to develop and implement chosen policies and programs. Results from this work will be used as a model for active living strategies in Hennepin County and potentially the State of Minnesota. Projects will use policy, systems, and environmental changes to promote access to active living with a special emphasis on populations that experience health disparities. This includes communities of color, low-income residents, those who are transit dependent and renters. CONTRACTOR is expected to: a. Work closely with COUNTY, selected consultants, steering committee representatives and community-based organizations to engage members of the public in active living planning and implementation. b Work closely with COUNTY, selected consultants, steering committee representatives and community-based organizations to develop policies for adoption by the city council to improve active living. c. Work with community-based organizations and COUNTY staff to incorporate health equity into the planning process in order to address health disparities. COUNTY is expected to: a. Work closely with CONTRACTOR, the selected consultants and community-based organization to facilitate the activities and tasks of the project. b. Work with CONTRACTOR and the selected consultants to build the sustained capacity of Hennepin County and Hopkins to utilize lessons learned and best practices in community engagement and health equity. c. Facilitate opportunities for CONTRACTOR and COUNTY staff to develop a shared language around health equity, community engagement and active living planning. 2. BACKGROUND In November 2013, COUNTY received a Statewide Health Improvement Program (SHIP) grant from the Minnesota Department of Health (MDH). As with prior SHIP grants, the objective is to improve community health by making the healthy choice the easy choice for Minnesota residents in terms of healthy eating, active living and tobacco use. The active living portion of COUNTY's SHIP grant focuses on using Policy, Systems, and Environmental (PSE) changes to increase opportunities for residents to make physical activity a part of daily life, such as walking, biking and/or taking transit to school, work, or for errands. Form 101 (Revised 8/2013) A -I 3. SCOPE OF WORK The long-term outcome of this program is to increase walking, biking, use of transit and other active transportation options within Hopkins through placemaking and policy development while addressing health and physical activity disparities in the priority populations. The expected outcomes and deliverables of this contract are as follows: Task 1: Develop, coordinate and finalize CONTRACTOR's 'project work plan and strategy with COUNTY staff and selected consultants. Deliverable(s): 1. Participate in project kick-off meeting convened by COUNTY. Have a final agreed upon work plan within 2 weeks of the meeting. Meeting must be attended by city manager, chief of police or his designee, city engineer, city planner, project lead and other vested city parties. Due: June/July 2014 Task 2: Work with CDG to conduct community engagement on active living that targets priority populations, including communities of color, residents living at or below 200% of the federal poverty guidelines, renters and those who are transit -dependent. 1. Work with Community Design Group (CDG) and COUNTY to identify priority populations within Hopkins and work to develop effective engagement strategies around active living, 2. Work with CDG to develop assessment of current levels of active living within priority populations and identify needs and gaps. 3. Work closely with CDG to help inform and implement the community engagement plan throughout the project to ensure that it is woven into all of the tasks and activities in the proj ect. Deliverable(s): 1. Project -long community engagementplan- Due: August 15, 2014 2. Mid -project reportDue: February 20, 2015 3. Final report on community engagement- Due: October 30, 2015 Task 3': Coordinate and convene a project steering committee of community leaders, community-based organizations, and city staff representing planning, engineering, law enforcement and other relevant departments that meets at least every other month. 1. Work with CDG to identify and involve key stakeholders in the steering committee. 2. Convene and facilitate bi-monthly meetings, 3. Participate in monthly check-in call between the project lead and COUNTY staff. Deliverable(s): Form 101 (Revised 8/2013) A-2 1. Roster of steering committee members and meeting schedule- Due: August 15, 2014 2. Final report highlighting the role that the steering committee played in implementation of the project and recommendations- Due: October 30, 2015 Task 4: Support interactive strategies that demonstrate and promote the importance of active living initiatives and policies. 1. Coordinate with CDG on creating a replicable, creative placemaking workshop that promotes awareness and importance of active living synergies. 2. Coordinate with CDG on creating a pop-up park, parklet or -temporary street demonstration project that demonstrates the effectiveness of policies that support active living. Deliverable(s): 1. Collaborate with CDG to create a strategy and schedule for a placemaking workshop — Due: August 15, 2014. 2. Host and convene a placemaking workshop — Due: March 15, 2015 3. Collaborate with CDG to create a strategy and schedule for a street scape demonstration project. - Due: March 31, 2015 4. Host and create or convene a pop-up park, parklet, or temporary street scape demonstration project — Due: August 2015 Task 5: Support an earn -a -bike program coordinated by consultants and county staff 1. Work with Cycles for Change, a non-profit organization, and CDG to identify the appropriate target population(s) an location for the earn7a-bike program, promote participation and provide logistical and/or administrative support needed for successful execution of the earn -a -bike program. 2. Identify earn -a -bike contact within police department. Deliverable(s): 1. Identify location and police department contact for program —Due: August 1, 2014 - 2. In coordination with COUNTY staff and consultants conduct cam -a -bike programs — Due: October 2014 and October 2015 Task 6: Conduct educational outreach and enforcement strategies led by your police department to improve understanding of and compliance with bicycle and pedestrian laws by vehicles, bicyclists, and pedestrians. 1. Develop and coordinate and finalize a project work plan and outreach strategy with COUNTY staff and selected consultants. Form 101 (Revised 8/2013) A-3 - ---------- -M M 2. Work with CDG and steering committee to develop and conduct bike safety . presentations and instruction targeting priority populations. 3. Enforce vehicle, pedestrian, and cycling laws to promote safety in a manner which is culturally -sensitive and supports creating a bikeable and walkable community. 4. Incorporate an outreach strategy that involves distribution of approved incentives such as bike helmets, bike lights, locks, and other bike safety items. Deliverable(s): 1. Work plan for Hopkins Police Department on outreach and enforcement strategies that includes major milestones and due dates. — Due: September 1, 2014 2. Distribute $1,000 worth of approved incentive items such as bike helmets, bike lights, locks and other bike safety items as approved by COUNTY. — Due August 1, 2015 3. Final report — Due: October 30, 2015 Task 7: Develop implementation plan for Hopkins's Complete Streets policy and make any necessary modifications to bring it in-line with the 10 criteria from the National Complete Streets Coalition. 1. Work with.CDG and COUNTY to revise Hopkins's Complete Streets policy so that it complies with the 10 criteria of the National Complete Streets Coalition. 2. Work with city engineering and planning staff, CDG and COUNTY to develop and adopt a strong implementation plan for Complete Streets. Deliverable(s): 1. Copy of adopted revised Complete Streets Policy - Due October 30, 2015. 2. Copy of adopted Complete Streets implementation plan — Due: October 30, 2015 Task 8: Adopt at least one land use and transportation policy, ordinance or master plan that encourages active living and vibrant placemaking that can be used in Hopkins's Comprehensive Plan update or in station area planning for the Southwest LRT. 1. Develop a zoning overlay district with new or expanded trail and/or sidewalk connections to the regional trail network. 2. Master Plan development for either the Blake Road or Shady Oak Road LRT station area that supports transit -oriented development. Deliverable(s): 1. Copy of adopted policies - Due October 30, 2015 Fonn 101 (Revised 8/2013) . A-4 ---------------------- -- Contract No: A140956 EXHIBIT B: FINANCIAL SERVICES CONTRACTOR shall be paid in four installments. Invoicing for each installment may occur on the following dates with the designated amounts: September 1, 2014 $7,333.33 March 1, 2015 $7,333.33 August 1, 2015 $7,333.34 September 30, 2015 $10,000.00 Total: $32,000.00 CONTRACTOR must invoice $1,000 worth of positive reinforcement incentives such as bike helmets, locks, ocks, and lights, as described in Task 6 of Exhibit A. The positive reinforcement expenses must be approved by COUNTY staff prior to purchase and shall not cause the total cost of this Agreement to exceed $32,000.00. Fenn 101 (Revised 8/2013) B-1