HomeMy WebLinkAboutresolution.council.098-13 J
RESOLUTION NO.98
Series of 2013
•RESOLUTION OF THE CITY OF ASPEN,COLORADO,APPROVING
• CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO,AND RIDESHARK,
FOR THE PURCHASE OF WEB-BASED COMMUTER SERVICES SOFTWARE,VIA
A CONGESTION MITIGATION AIR QUALITY GRANT,AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS,the City of Aspen seeks to improve air quality by reducing PM-10 pollution; and
WHEREAS contract 2013-116 between the City of Aspen,Colorado and Rideshark, is
annexed
hereto and made a part thereof;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COORADO:
That the City Council of the City of Aspen hereby approves contract 2013-116 between the
City of Aspen, Colorado,and Rideshark, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager of the City of Aspen to
execute said amended contract on behalf of the City of Aspen.
INTRODUCED,READ AND ADOPTED by the City Council of the City of Aspen on the 18th day
of November, 2013.
Steve Skadron,Mayor
r
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado,at a meeting held on the day hereinabove stated.
Kathryn S. Koch,City Clerk
the City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT V2009
PROFESSIONAL SERVICES
City of Aspen Project No.: 2013-116.
AG REE1%1 ENT made as of 18`'day of November, in the year)013.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Transportation
130 South Galena Street Total: 550.000.00
Aspen,Colorado 81611
Phone: (970)920-5055
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
Rideshark until it has been approved by the City
Council of the City of Aspen.
c/o Sharon Lewinson
2031 Merivale Road City Council Aat?roval:
Ottawa,ON Canada K26 1G7
Phone:613-226-9844 Date: November 18, 2013
Resolution No �
For the Following Project:
Web-based Rideshare Matching/Communter Services Software
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Agreement Professional Services Page 0
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
January 30, 2014. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause,be exceeded by the Professional.
3. P&,ment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely,the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers. agents and employees,each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums
due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs,reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this
Agreement Professional Services Page 1
Agreement by the Professional.and the City may withhold any payments to the Professional for the
purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
7. independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be. and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee., agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to,workers'compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and shall
assume full responsibility, for payment of all federal. state and local taxes or contributions imposed
or required under unemployment insurance. social security income tax law, with respect to
Professional andic)r Professional's employees engaged in the performance of the services agreed to
herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injure. loss, or damage, including without limitation claims arising from bodily iqlufY,
personal injury, sickness, disease, death, property loss or damage. or any other loss of any kind
whatsoever,which arise out of or are in any manner connected with this contract, if such injury, loss,
or damage is caused in whole or in part by. or is claimed to be caused in whole or in part by.the act,
omission, error, professional error, mistake, negligence, or other fault of the Professional. any
subcontractor of the Professional. or any officer, employee. representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor of
the Professional. The Professional agrees to investigate. handle, respond to, and to provide defense
for and defend against., any such liability, clairns or demands at the sole expense of the Professional,
or at the option of the City, agrees to pay the City or reimburse the City for the defense costs
incurred by the City in connection with, any such liability,claims, or demands. If it is determined by
the final judgment of a court of competent jurisdiction that such injury. loss. or damage was caused
in whole or in part by the act. omission. or other fault of the City. its officers, or its employees, the
City shall reimburse the Professional for the portion of the judgment attributable to such act.
omission. or other fault of the City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law, The Professional
Agreement Professional Sen ices Page 2
shall not be relieved of any liability. claims, demands.or other obligations assumed pursuant
to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts,duration,or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain. the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) fforkers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract. and Employers' Liabilin� insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident. FIVE
HUNDRED THOUSAND DOLLARS (5500.000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS (5500.000,00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workers'Compensation requirements of this paragraph.
(ii) Commercial General Lkibilio,, insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000.000.00) each occurrence and ONE
MILLION DOLLARS ($I.000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury.
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liabilin, insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1.000,000.00) each occurrence and ONE MILLION DOLLARS
(S 1.000,000.00)aggregate with respect to each Professional's owned,hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles. the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS (SI.000.000) each claim and ONE MILLION DOLLARS (SI.000.000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance. and any insurance carried by the City, its officers or employees. or carried by or
Au,.re ement Professional Ser\ices Page 3
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The
certificate shall identify this contract and shall provide that the coverages afforded tinder the
policies shall not be canceled, terminated or materially changed until at least thirty (30)days
prior written notice has been given to the City,
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages. conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
bv, Professional to City upon demand. or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on. and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and 5600,000 per occurrence) or any other rights. immunities, and
protections provided by the Colorado Governmental lrrmiunity Act. Section 24-10-101 et
seq. C.R.S., as from time to time amended. or otherwise available to City, its officers. or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty,Casualty Pool, Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours City makes no representations whatsoever with respect to specific coverages otTered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11, Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
Agreement Professional Ser-,ices Page 4
I
12, Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination, No discrimination because of race, color, creed, sex. marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code. Section 13-98.
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any tenn,covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term.No term,covenant, or condition
of this Agreement can he waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term.covenant,
or condition to be perfortried by Professional to which the same may apply and, until complete
perfon-nance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
15. Execution of Aweement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein. this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorize d official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 & 2q-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract. or to knowinglN,
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions, The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
_Basic Pilot Program— means the basic pilot employment verification program
created in Public Law 208. 104th Congress, as amended, and expanded in Public
Law 156. 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
Agreement Professional Services Page
-Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the deliven, of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document. Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify,that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails
to confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any nexk
employees who are not eligible for employment in the United States: and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services. Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract, Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same even three (3) calendar months thereafter. until
Professional is accepted or the public contract for services has been completed.
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employ's or contracts with
a new employee who is an illegal alien. Professional shall:
Agreement Professional Services Page 6
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien-, except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an
illegal alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102. C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated. Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-101 C.R.S.
(ix) If Professional operates as a sole proprietor. Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law.,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq.. and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
16. Warranties Against Contingent Fees. Gratuities. Kickbacks and Conflicts of`Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage. or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval. recommendation.,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation.
auditing, or in any other advisory capacity in any proceeding or application, request for
Agreement Professional Sem Pao 7
ices oe
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer., employee or representative of the
City during the term of this Agreement has or one (I) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
nst
contingent fees. gratuities. kickbacks and conflict of interest, the City shall have the right
to:
I. Cancel this Purchase Agreement without any liability by the City
2. Debar or suspend the offending parties from being a Professional. contractor or
subcontractor under City contracts,
3. Deduct from the contract price or consideration. or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein. this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Ten-ns.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions.
representations or covenants can be modified, changed, terminated or amended, waived.
superseded or extended except by appropriate written instrument fully, executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity. legality or enforceability of any other
provision.
(c) The parties ackno\N ledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed bN the laws of the State of Colorado as from time
to time in etTect.
Agreement Professional Services Page 8
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly"
authorized officials.this Agreement in three copies each of which shall be deemed an original on the
date first written above.
CITY OF ASPEN,COLORADO: PROFESSIONAL:
(signature} (Signature)
By BY:
Title: x Title::
Date: Date:
Approved as to form:
y' Office
/ity Attornqffi
Agreement Professional Services Page 9
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work
RideShark will provide an off-the-shelf, web-based rideshare matching,'commuter services
system for use by City of Aspen staff, the general public and employers. The qualifications and
timeline RideShark shall meet are described in detail in 2.4 Scope of Work section found in the
following section.
Agreement Professional SerN ices Page 10
User and administrators able to update profiles '—required VYES. Users can update profiles and administrators can
update user profiles.
Registration and waiver required prior to matching required ✓YES. Aspen can define its own waiver.
Pre-draft email correspondence that can be personalized required ✓YES. Users can include personal content.
Preview of matches available prior to registration desirable V YES. If desired, No details are released until the user is a
confirmed registrant.
Bikelwalklbus matching also available required V YES. The core rideshare matching module includes bike,
walking and transit buddy matching.
Matching optimized for mobile devices in addition to website. required ✓YES. The system can be used by all browser enabled
mobile devices.
Registration allowed without need for matching required ✓YES. Users can register and participate in the trip logging
and incentives.
Availability of commute cost,calorie and emissions calculators, required ✓YES. Detailed trip summary calculations are included.
reduction of single-occupancy vehicles
Software must provide ability for agencies to overlay mapping required ol'YES. Administrators can add in points of interest, routes,
data of bike routes, Park and Ride lots, bus routes, carshare etc.through the administration portal.
and bike share kiosks,etc.(in ShapeFile, ESRI, KML)
Transit route maps and park&ride maps available required ✓YES. Site can include PDFs or links to maps
Mapping data must cover, at a minimum, the State of Colorado required ✓YES. Users must have an origin or destination within the
defined service area.
Base mapping data must be updated a minimum of once per required ✓YES, Mapping is updated on an ongoing basis. RideShark
year uses Google maps.
Match list viewable in list or map format required ✓YES. match list is shown in both list and map format.
b. Confidentiality and Communications
The completed Rideshark response to the scope of work is included in the table below
ITEM DESCRIPTION REQUIRED/ RESPONSE
DESIRABLE
a. Rideshare Matching& Mapping
Instant matching required ✓YES. Single trip matching allows people to search/find
one-off trips
Matching along a corridor between origin, destination or required ✓YES. Searches are based on proximity to origin,
midpoint within a set distance from each end of trip destination and actual travel route. Users may set their
{ preference on the distance filter,
Ability to modify matching parameters(i.e.. miles,times, required 1 YES. Users may modify search filters to match their
startlmidlend point, contact preferences, etc) personal preferences.
Ability to create more than one trip, multiple jobs, multiple required -'YES. Multiple journeys may be created and each trip can
worksites, multiple trip types(work, school, etc)without have a unique origin,destination,travel route and trip
creating new usemames or email addresses
name(e.g. "My regular commute")
Option to select park&ride facilities, work sites, community required ✓YES. Administrators may add in common addresses so
landmarks, etc. as commute points users can preselect from a drop down. Dynamic text
prediction for addresses and establishment names also
allows users to rapidly select a valid address.
Enables formation of custom ride matching groups such as required ✓YES. RideShark allows administrators to create private
employer worksites or event staff custom branded groups for employers,TMAs,etc.
School pool matching functions including password protection, required ✓YES. A School Pool system is set up unique from the
custom waivers, etc. 1 regular trip matching population.
Matching available for recurring and ogre-time functions required ✓YES. Single trip matching and regular commute matching
(commuting,events, etc) are included in the core rideshare matching module.
Option to select preferences such as genderlsmoking-nonletc, required YES, Users can filter based on personal preferences.
,7, 1
There are multiple administration levels and administrators
only have access to the level of data they are authorized to
see.
c.Administrative Functions
Ability to delete or block users required YES.
Ability to filter emails containing inappropriate language required ✓YES. Automatic bad language filters are included within
the RideShark system. Administrators are notified of any
users inputting inappropriate language.
Ability to schedule purges of stale data required ✓YES. RideShark
Ability to create, advertise and manage incentive programs and required ✓YES. RideShark has a comprehensive incentive module
raffles that includes draws,plateau rewards,shopping cart and
action rewards,or combination thereof.
Ability to manage emergency ride home program desirable YES. RideShark has a full ERH module. As this was not a
required item costs were included under Optional
enhancements.
Ability to administratively reset or have user recover user required ✓YES. Passwords can be reset by the user or Administrator
password or login
Ability to assign global and sub-administrators with varying required ✓YES. RideShark has multiple levels of administrators such
levels of system access. Flexible permissions for as site administrator,employer administrator,vanpool
administration of the site and programs through group and administrator,etc. Each administrator is only able to see
individual permissions. the data they are authorized to see.
�
Ability to quickly and seamlessly migrate existing user required J YES. legacy data can be transferred easily. The
database including existing employer custom pages and integrated content management functionality allows Aspen
existing School Pool pages at no additional cost, administrators to custom brand each subsite(private
group)themselves. This offers a higher level of
customization than which the legacy site provided.
City of Aspen as service provider the site. Atiny RideShark copyright is at the bottom. Users
view the site as a City of Aspen solution.
Mobile app available for various smart phone systems required The site is accessible on all mobile devices with inte net
browsing capabilities
Allow for addition of vanpool,emergency ride home,incentive required ✓YES. RideShark has additional modules that can be
andtor other future program upgrades added by the City of Aspen pending budget and program
needs. Available additional modules for future upgrades
include Vanpool Management,ERN,Carpool Parking
Management,Integrated Surveys,Private driveway finder,
Commuter Challenge and more.
Available in English and Spanish desirable ✓YES. The core functionality of the site is available in
English,Spanish and French. Any unique or custom text
must be provided in both English and Spanish.
Hosted externally by vendor _ required ✓YES. RideShark data is hosted at a triple A datacenter in
Ottawa,ON Canada.
Product support and maintenance the responsibility of vendor required ✓YES. RideShark provides all support,maintenance and
upgrades.
Administrative interface simple enough for a layperson to use required ✓YES. A simple content management system is included
effectively without programming knowledge, Content within the RideShark system
management system available for site content.
Allows staff to perform matching for those without required ✓YES. Administrators can act on behalf of users without
computerfintemet access potentially without email address email.
needed
Accessible via the web using a standard PC. MAC,tablet or required ✓YES. RideShark works with all currently supported
Smartphone with no software downloads needed. browsers.
Ability to post a notice if site is inoperable or under repair required ✓YES. Administrators can add content to the site at any
time.
Internet based software that functions within multiple types of required ✓YES. RideShark works on all currently supported
web browsers such as Internet Explorer, Firefox, Chrome, browsers.
Safari, etc.
Backward version compatibility required ✓YES. RideShark works on all currently supported
browsers.
Incentive module to include the following contest options required ✓YES. RideShark has the most extensive incentive
random raffles,commuter challenges, regularly awarded management system available.
incentives, custom awards programs for
em ployers/schooWetc.
Ability to have incentive module available to general public as required ✓YES. Aspen may offer system wide incentives and
well as closed incentives available only to selected employers or other private groups(subsites)can offer
groupsiemployers/schools. incentives only to their own employees or group members.
Employer/School Pool custom pages easy to develop, required ✓YES. School Pool includes unique fields applicable only to
password protected, custom branded children(e.g.grade,age,car seat requirements)
Ability to quickly and seamlessly migrate existing user required ✓YES. Legacy data transfer is simple and straight forward.
database including existing employer custom pages and
existing School Pool pages at no additional cost
Ability to make use of existing terms of use and privacy policy required V YES. If desired by Aspen. It should be noted that the
materials so as to create an invisible transfer process for legacy system was likely different in their data/privacy
protection protocols so this might need to be reviewed by
existing members Aspen's legal counsel.
Ability to create custom fillable forms. desirable ✓YES. This is included as an optional module
Ability to create and distribute surveys desirable f YES. This is included as an optional module
f.Web Interface
i
Customizable website layout including selection of branding, required ✓YES. The site is fully customizable within the established
color scheme, navigation layout,font/css, style sheets, RideShark framework.
kerning/spacing, etc.
Incentive/raffle entry forms available to user,completed online required ✓YES. incentives/raffles,etc.are all integrated within the
RideShark system
Content management system allowing administrators required ✓YES. The site is fully customizable within the established
maximum editing capability including font style,font size,font RideShark framework. IT knowledge is not required.
color, line spacing, photo posting,etc. in a "What you see is
what you get"type of editor
Ability to manipulate navigation menu,with multiple(minimum required ✓YES. The site is fully customizable within the established
8)tabs and the option to add sub menus. RideShark framework.
Ability to provide a custom'my page"to registered members required ✓YES. A User Dashboard is presented upon login after
registration.
Ability to provide password-protected custom pages to required ✓YES. The design of the RideShark system is such that
employers, schools, teams,etc subsites are authenticated by email domain so that only
eligible members view content. Only one single login is
needed for the entire system. No`secondary'password
protection is used.
Intuitive, consistent, navigation required ✓YES.
Events posted by administrator populate automatically on required The commute calendar is used by registered users for
commute calendar logging trips only. The Administrator would have to post a
calendar for populating events.
Event calendar function—both in visual calendar and list form required The commute calendar is used by registered users for
logging trips only. The Administrator would have to post a
calendar for populating events.
Face gook/Twitter/Google+and RSS interface desirable ✓YES. RideShark has Facebook integration.
Ability to create and maintain a frequently updated News page required ✓YES. The integrated content management functionality
quickly and easily with selected fonts.colors and branding allows administrator to easily do page updates. There's
even a timed production feature so updates can be done in
advance and will automatically be visible at the present
tie=Th�i'swould Summary of aggregate commute information{miles saved,etc) desirable a future enhancement as it would include the
available for view on home page. need for custom development
Widget functionality available throughout site. including desirable This would be a future enhancement as it would include the
upcoming events.. newsletter signup and news feed. need for custom development
g.Warranty
Robust,detailed warranty required ✓YES. Included.
System upgrades provided to other customers are available to required ✓YES. All upgrades to purchased modules would available
the City of Aspen at no or low cost. without charge to Aspen. New modules developed that
were not included in the contract would be available to the
City but additional costs would apply for set up and hosting.
Provision of contract credits{ie additional days of service} required ✓YES. This can be included in the contract as desired.
should customer servioetwarranty claims remain unmet.
System backed up daily, preferably during periods of low required ✓YES. The site data is backed up nightly.
activity
95%system up time desirable ✓YES.
During the twelve months following initial deployment, vendor required ✓YES, Nostin&maintenance,upgrade fees include all
will make corrections to the serviceldesigntwebsite/mapping corrections necessary.
and other functionalities as requested.
b
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Section 3: Proposed Project Schedule
,3.1 Technical and Project Management Approach
RideSharkis committed tou successful project outcome. Our matrix of critical project success factors illustrates
what will contribute tman excellent project outcome. During our agile project management process wmaddress
and focus on these elements tn ensure project success.
Communications Agile prolect Leadership team Training
Stakeholder —n—~— vDM*wne Responsibility
understanding Chmp control stakeholders(the matrix
City of Aspen,
$c�w Escalation,risk and T*��s/Hmmgpmt� �m�/�u�ms
management Issue management learning
Quality
Resource
management
allocation
Change
management _
3.2 Functional Requirements and Implementation Schedule
KideShark"scunaut and projected workload will not impact the ability to start,launch or maintain the City of
Aspen site, The proposed schedule will be adhered to and will not be impacted by any other RideShark project.
Rideshark is a multi-tenant system and the process for setting up new clients is simple and straightforward, The
launch of the new system hy December 3z.2Vz3 will he achieved through ao aggressive agile approach. The
project time period over the Christmas holidays makes it even more critical that all parties(RideShark and the
City of Aspen)are on board with the proposed schedule and methodologies uoxchievemGv'Livedaneof
December 31.ZO13 and a contract award date of November b(7.5 week contract-launch nmeframe). The
schedule below allows for 4O business days between receiving Notice to Proceed(MTP)by November 6.2013
and Go-Live nn December 31°'Z013, All meetings are proposed tobehyvVebExand teleconference. No
travel mo the City pf Aspen offices isassumed. The schedule assumes a Christmas holiday shutdown w*there isa
heavy upfront workload. Non adherence tu the schedule below may impact site functionality available at6u
Live,butnwxtheabi|iry*omeettheGo-Live deadline n/December 31.2D13. The schedule assumes that all site
functionality is completed hy the Go-Live date.
°
Post-award meeting A post-award meeting held with the City of Aspen to:
confirm deliverables and timelines
' to establish priorities for Go-Live
Agreement Professional Sen-ices Page 19
`
' m provide afull demo of the beta the City of Aspen user and admin site based onRideShark
existing functionality,highlight areas where the City of Aspen input is required for site
configuration.
'
Provide details umVRL pointing/purchasing needs for the City of Aspen beta set up.
• RldwSharkhoprovide the 0oymf Aspen a list mfconfiguration questions for site configuration(e.g.
URL'registration intake survey questions,user deactivation timelines,service area,e*c)
• Set up administrator access for site customization
-
the City of Aspen to provide a list of all the City of Aspen administrators(full contact info and
administrator type)
the City of Aspen to provide a list of all other administrators(full contact info,administrator
type,area served, network site restrictions(e.g.email dnmam))
- R|deShark will activate all administrators nn the City of Aspen beta system
• Existing Functionality testing
'
the City cf Aspen can commence system testing on existing RideShark turnkey functionality
• Lega«y data transfer
'
the City of Aspen to provide sample legacy data files that include column headings and a few
rows o/data
'
Discussion of timeline and strategy for legacy data transfer and communication
Week 2(Nov 11-15)—Site configuration
• Training Session#1: the City of Aspen administrator training for Site Costomiaaz.on
- Training will be provided to allow the City of Aspen administrators to start customizing their site
aoitwill be ready for Qo'Live.
' Training will be provided so the City of Aspen administrators can communicate custornization
opportunities to their network administrators. Network administrators(e.Q.ETCS)can
commence customizing their swbsite,
• School Pool Configuration Meeting
To discuss configuration requirements for School Pool module
• Site Configuration Details
'
the City of Aspen to provide a summary of site configuration details for Rideshark to commence
custornization of all existing modules and system functionality(URL pointing,GRH,intake
registration survey,service area details,timelines,front end input edits,etc,)
~
City qy Aspen site configuration. Based on the information received in Week 2,RideSharkwill
undertake site configurations,
°
Training Session#2:the City wf Aspen administrator training for Administration Portal
Training will be provided to walk the City oy Aspen administrators through the Administration Portal
'
Demonstration of existing reporting abilities,incentive administration,ERH�clministration,vanpool
administration,etc,
-
*the City of Aspen Administration testing for custom reporting needs.
°
Launch oY configured Ridam*#chimg,TdpLogg}nQamd$chno|Pmdfn,xheQtyxf4apenteu6n0
Week 4-5(Nov 25-Dec 61—ConfturatiQn continued and training
Agreement Professional Ser%ices Page 20
'.
* Training Session#3: the City of Aspen advanced administrator training. More in-depth training on
4dmioPmam.
* New development
' M|deSharK ongoing new module development
' Rid*Shamk ongoing configuration&cusoxnioaiondevelopment
(Holiday Period—itia assumed that there will beuo opportunity for team
meetings during the holiday period)
• Status Update meeting.
' RideShad^to review current state mf new development
-
Priorities for Go-Live
• Go-Live Preparation meeting
• Legacy data transfer meeting
- Todi«zuss/Mna|be legacy data transfer protocols
• Legacy data transfer
-
City ofAspen to provide final legacy data file by COS Friday,December 27"'.2001
' R|deSbur4 conducts final data transfer and upload un new system.
'
GO-Live—legacy data in the system for Go-Live Tuesday,December 31,2013
December 31,2013—Go-Live
° G0^LiveTumsday,December 31^201w
'
City cf Aspen points URLorRide3hark turns on new system
-
City of Aspen sends out communication tn legacy users through the 0deSharksyae,n.
notifying them uf the updated system.
Week 8+Oan 1 onwards)—Maintenance
'
• Ongoing site maintenance
• Regular status meetings
• Ongoing system upgrades
The above project schedule represents the work necessary to launch all the desired functionality by the
December]l'20l3 Go-Live date. The customization and configuration of the existing KfdeShnrksystem
functionality is easily achievable within these timelines.
During RideShark site set up communication between RideShark and the City of Aspen will be frequent. Aside
from scheduled meetings,it is not uncommon for the 8idsShark project manager or technical lead to be on the
phone,or launching an impromptu WebEx,daily,especially in the few weeks before launch.As all system
configurations,customizations and new development will beposted to the City of Aspen beta site in real time,
the City of Aspen project manager will always know exactly what the status of the project is as he/she can
experience it directly oothe beta site. The advantage of this process is significant as it allows for immediate
testing,comments and editing, Aam simple example,the City nf Aspen requests a new field name. RideShark
posts bto the BETA and the City cf Aspen can immediately see|f it's acceptable without waiting ordelay, It
provides for instant real time testing and validation. Often these types of simple configurations are conducted
live,via WebEx,so the City of Aspen is an active participant in their site design and set up.
AerecmentPmfeonomu Srniccs Puec2)
'^
`
3.3 Approach to Completing Work
The RicieShark approach to launching new client system is simple and straightforward. As soon auwe have
notice to proceed u fully functional onbnamded vmcvstornised site is launched$n allow for immediate client
testing and dynamic customization. The majority of the requirements outlined io the KFP are already part cf
the existing owt'of-the'bomR|deShamfunctionality, This approach means that the City o/Aspen administrators
can start becoming familiar with the system a%the outset of the project and can better guide needed
con%Wurationo. The RideShark system is built with modular functionality and extensive trigger switches that
allows for client configuration uu meet their needs rapidly and concurrent with new development or
customization tasks,
Giving the City of Awn administrator's immediate access to a fully functional site also accelerates the timeline
to customize the site with the banner,colors'text'links and images desired to be in place at Go-Live. HideShark
will guide the City of Aspen through the site branding process,but to date the integrated content management
capabilities available within the RideShark application has resulted in most clients handling their own branding
activities. Ride8hm,kis available to assist,n/course,asneeded.
With the branding activities underway,RideShark then initiates meetings with the City of Aspen to configure
each mf the modules already available within the system tomeet the nFP goals and requirements. All existing
modules are fully integrated into the system and allow for unique client setups. With the configuration of the
existing Ride5hank modules completed,the City of Aspen could essentially launch the site at any time knowing
that all the system core functionality is available,nusers.
While the existing modules are being configured by developmert staff,the RideShark IT lead holds meetings to
establish the functional design requirements for the new development, in all cases of new development it is
critically important that,where possible,the new functionality fully integrates with the other modules available
within the system(for example an address entered into the Find Matches modules is available in a dropdown in
the emergency ride home module,u,vanpoo/modu/ej. The design requirement process solidifies the
expected outcomes and functionality of the new modules.
Throughout the entire process the system is available for testing by the City of Aspen umtheestab|iohedBeta
site. As a multi-tenant solution,it is important to note that only ONE copy of the application exists. All clients
are running the most current up-to-date version of the application at all times. All are testing that same one
version of the application. New functionality is fully tested in the alpha and beta environments before being
moved to production as any error or glitch that occurs on the production site is one that would be felt by all
R.deShark clients globally,not just the City ofAsper.
All work will heconducted in the nide5hark offices m Ottawa All meetings will be held by teleconference or
vVebEx.
Agreement Professional Sen ices Page 21
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
Table 1 -Detailed breakdown of RideShoir*Ridematching Cost Proposal.
RideShark NIndulk,,s - Set Up Costs Ptice IUSD)
RideShark Core Ridi5iiiffNij-Metro-E-d-Wom(population<10,000)
• Core ridesharing for carpools&bike,walking and transit buddies
• Single Trip Matching
• Social Networking Integration(if desired) $6,000
• Comprehensive Administration Portal
• Custom ErriployerfTMA Sub-Sites
• SSL encryption
• Dedicated URL
• Unlimited users
• Unlimited Client Administrator Training
RideShark Vanpooi and Custom Routes/Points Module Included
RideShark Commuter Tracking Module included
RideShark Routes&Point of Interest Module included
RideShark Incentives Module $2,600
RideShark School Pool Module $2,500
RideShark Core Ridemalching-Metro Edition $460
RideShark Vanpooll Module and Custom RouteslPoints Module included
RideShark Commuter Tracking Module Included
RideShark Routes&Point of interest Module included
_1RideShark Incentives Module $100
RideShark School Pool Module $100
Year 1(2014)-Set up + Hostl%maintenance,Upgrades $18,800
Year 2(2015)-Hostin&Maintenance,Upgrades $7,800
Year 2(2016)-Hosting,Maintenance,Upgrades $7,800
1
Year 2(2017)-Hosting,Maintenance,Upgrades $7,900
Year 2(2018)-Hosting,Maintenance,Upgrades $7,800
Agreement Professional Ser\ices Nee 23
�.
�
�
The above costs DO NOT Include the following:
• Custom text translation to Spanish.Core functionality is available by RideShark in both English and
SpanisK All custom text desired by the City of Aspen would be required to be provided in both English
and Spanish.
• On-site training travel costs. Additional costs apply if on-site training is desired. On-site training would
require 2 people to travel. Estimated cost would be$4,000 per trip for airfare,hotel,meals,and
incidentals.
Costs for optional or upgraded functionality,not included as an RFP requirement,are outlined below:
Eme�gency Ride Home $2,500 $100
Vanpool Personnel Management $2,500 $250
Commuter Challenge $2,500(4 challen es/)Tar) $1,500/challenge
Carpool Parking Management $2,500 $250
Survey Integration $2,500(intake survey,exit survey $150
and match results survey)
Payable ioUSDollars
Aurcmem Professional 8rmces PaL)e24
EVIDENCE OF INSURANCE
This is to provide evidence that the policies of insurance listed below
Named Insured: RldeShark Corporation DBA have been issued to the insured named above for the policy period
indicated, notwithstanding any requirement, term or condition of any
SurveyPeople Corporation, contract or other document with respect to which this evidence may be
Commuting Solutions, issued or may pertain.The insurance afforded by the policies described
ExRad Systems herein is subject to all the terms, exclusions and conditions of such
2031 Merivale Road policies. Limits shown may have been reduced by paid
claims/expenses.
Ottawa ON K2G 1G7
This Evidence of Insurance is issued as a matter of information only and
confers no rights upon the recipient. This Evidence of Insurance does
not amend, extend or alter the coverage afforded by the policy listed
herein. Where an aggregate limit applies, the recipient is advised that
the limit shown may apply to projects other than shown in this Evidence
of Insurance and the Limit may be reduced by Claims/Expenses paid.
Schedule of Insurance
Type of Company and Amounts in Canadian Dollars
Insurance Policy Number Effective Date Expiry Date Limit of Liability/Amount
Commercial ! Berkley Canada ! November 4,2013 ! November 4,2014 ! $5,000,000 Bodily Injury&Property !
General ; i Damage Inclusive Per
i Liability i Policy No. i i ; Occurrence i
BC ON 100000375 ; i i $5,000,000 Annual Aggregate in respect
! i i of Products&Completed i
Operations Liability
$500,000 Tenants Legal Liability
$1,000,000 Non-Owned Automobile
i $25,000 Medical Payments ;
i i i i i INCLUDED Employer's Liability i
i i i i i i
-------------- ----------______._______r-----------------------l-------------------.____T___-__________________.-________.-______._._I
Errors and i Berkley Canada November 4,2013 ! i
i , November 4,2014 ; $2,000,000 Per Claim
Omissions ! ! i i $2,000,000 Per Policy Period i
' (Claims Made) ! Policy No. i
BC ON 100000375 ! ! Retroactive Date:
i i i i i May 10,2006
i
DATE: October 15, 2013
ISSUED BY: LMS PROLINK Ltd.
800-480 University Ave
TORONTO ON
M5G 1V2
Telephone: 416 595 7484 Authorized Representative
Toll Free: 800 663 6828
Fax: 416 595 1649
S PR NKLtd
„., ..
Ins �u;e ur•CI'i,.r,.i..[Y�2r..,ns
"...putting the pieces together for you"