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HomeMy WebLinkAboutresolution.council.047-18 RESOLUTION #47 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND THE DOWNTOWNER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF-OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for app-based on-demand transportation services, a true and accurate copy of which is attached hereto as Attachment B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Contract between the City of Aspen and the Downtowner, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 9`h day of April 2018. Steven Skadr n, Mayor 1, Linda Manning, 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, April 9, 2018. Linda Manning, City Cle k ATTACHMENT C The CiN olAspen CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 C1h9QOt0e PROFESSIONAL SERVICES City of Aspen Contract No.: 2017-116. AGREEMENT made as of 9'day of April, in the year 2018. BETWEEN the City: Contract Amount: The City of Aspen c/o Lynn Rumbaugh 130 South Galena Street Total: $540,540.00 Aspen, Colorado 81611 Phone: (970) 920-5079 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 The Downtowner until it has been approved by the City Council of the City of Aspen. c/o Travis Gleason Chief Operations Operations Officer City Council Approval: 210 NE 4th Ave Date: 4/09/18 DelRay Beach, FI 33483 Phone: 561-929-1471 Resolution No.: 2018-47 For the Following Project: App-Based On-Demand Transportation Service Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Appendix A: Service Area & Schedule Appendix B: Fee Schedule Agreement Professional Services Page 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 begin May 1, 2018 and be completed no later than April 30, 2019, with four one-year options to renew, agreed to by mutual consent. 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 manager 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. Payment. 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 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 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 beobligated to pay or be liable for payment of any sums due which may be due to any subcontractor. 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 by the Professional, and the City may withhold any payments to the Professional for the purposes of setoff until such time as the exact amount of damages due the City from the Professional may be determined. Agreement Professional Services Page t 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 and income tax law, with respect to Professional and/or 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 injury, loss, or damage, including without limitation claims arising from bodily injury, 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, to the extent and for an amount represented by the degree or percentage 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 wrongful 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, claims 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 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 Agreement Professional Services Page 2 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) Workers'Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in.the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease-policy limit, and ONE MILLION DOLLARS($1,000,000.00)disease-each employee. Evidence of qualified self-insured status may be substituted for the Workers'Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) 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 Liability 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 ($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 ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) 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 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 frill 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 certifi- Agreement Professional Services Page 3 cate shall identify this contract and shall provide that the coverages afforded under 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 by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (t) 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 $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity 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 offered 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. 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 term, 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 be 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 performed by Professional to which the same may apply and, until complete Agreement Professional Services Page 4 performance by Professional ofisaid 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 Agreement 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 authorized 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 & 24-76.5-101. (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 tuthe 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 knowingly 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. "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 delivery 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 hiredifor 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 illegal aliens. (d) Professional hereby confirms that: Agreement Professional Services - Page 5 (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 new 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 every 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 employs or contracts with a new employee who is an illegal alien, Professional shall: (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. Agreement Professional Services Page 6 (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 8-17.5-102, 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 ofjhe 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 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 (1) 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 contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. 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 Agreement Professional Services Page 7 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 Terms. (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 acknowledge 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 by the laws of the State of Colorado as from time to time in effect. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 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 O A7 COLORADO: PROFESSIONAL: isiguam] (Sigma=] By. � �T By. Travis Gleason [N-1 [N-1 Agreement Professional Services Page 8 Title: Title: Chief Operations Officer Date: cic—( o , (� Date: 3/29/1 $ Approved as to form: Attorney's Office Agreement Professional Services Page 9 EXHIBIT A SCOPE OF;WORK—APP BASSED ON DEMAND TRANSIT SERVICE 1. Service Area and Schedule 1.1) The service area is outlined in Appendix A. Service area may be changed administratively upon agreement between both the City of Aspen and the Contractor. ' 1.2) Services will be provided 365 days per year during the contract period based on the schedule outlined in Appendix A. The service schedule may be changed administratively upon agreement between both the City of Aspen and the Contractor. 1.3)The City may require additional service hours, utilizing the existing fleet, by contacting the local supervisor within seven days of the date(s) requested. 2. Level of Service 2.1) The Contractor will meet the following Level of Service(LOS)parameters on a consistent basis using 5-7 vehicles. ITEM DESCRIPTION LOS REPORTED Average wait time Amount of time between service 10 minutes Monthly re uest and service provision Average trip time Amount of time between pick 10 minutes Monthly up and drop off. Uptime of website and app 98% Monthly Customer service I Question/complaint response 1 24 hours Monthly Safety Accident/incident reports In the event of injury Monthly or police involvement,report within 24 hours 3. Vehicles 3.1)The Contractor's fleet will be defined as the pool of vehicles made available to provide the proposed service. A minimum of 5 vehicles will be available for service at the beginning of the contract period. A minimum of 7 vehicles will be available,for service by December 1, 2018. 3.2) Each vehicle will carry a minimum of five adult passengers with seatbelts. The vehicles should allow for the carnage of pets as well as winter ski/snowboard-gear. All vehicles will be equipped with the necessary data and voice connectivity, hardware, and software tools to receive customer trip requests on-demand, and passenger pick-up and/or drop-off locations as assigned by the central trip-dispatching platform. 3.4) Vehicles will be wrapped in a branded design approved by the City of Aspen. No other exterior advertising will be allowed. Interior advertising(including via tablets)will be limited to that related specifically to the public transportation options provided by the City of Aspen. 3.5)Equivalent wheelchair accessible vehicle (WAV) service will be available upon request by i) making the entire service fleet,wheelchair-accessible or; ii)having a share of the fleet be WAVs, and ensuring that there is always a sufficient number of WAVs available during service hours to deliver the target LOS. 4. Drivers 4.1) Drivers may be employees of the Contractor(or one of the entities that make up the Contractor), individual subcontractors of the Contractor, or affiliated drivers to any of the entities that make up the Contractor. 4.2) The Contractor will ensure that it will have provide a sufficient number of drivers to provide the agreed upon LOS at any given time during service provision hours, including periods of peak demand. 4.3) All drivers must hold a valid Colorado State driver's license providing legal authority to operate the specific service and vehicle type offered by the Contractor in its proposal. 5. Passenger Fees/Gratuity 5.1)No fees will be collected from passengers. 5.2)Gratuity will in no way be solicited by the Contractor or its Drivers. No tips will be solicited for services provided either via the app, business cards, decals, tip jars or in any manner. 6. App and Customer Interface 6.1)The Contractor will offer a smartphone app(compatible with the last 3 major versions for both iOS and Android) as the primary tool to request service. 6.2)The customer will input their desired origin-destination pair. Upon confirmation that the requested trip is indeed qualified, the customer will receive a confirmation along with the estimated time of arrival of the assigned vehicle as well as the location of the assigned vehicle displayed on a map. 6.3) The Contractor will deploy a centralized software platform able to complete the following tasks in a fully automated manner without human intervention: a. Receiving all trip requests through the smartphone app and call center(if available). b. Processing the origin-destination pair for each trip request to confirm whether the trip is indeed a qualified trip. c. Identifying whether the customer is requesting a regular service or a WAV service and assigning a vehicle appropriately. d. Assigning and dispatching a vehicle to complete that trip on the most efficient route while ensuring that the agreed upon LOS for all customers in that vehicle will be met. e. Routing the driver around closed roads, detours and areas determined as off limits. f. Higher value will be placed on platforms that offer functionality to match riders into trips so that the VMT is reduced and HOV capacity is increased: g. Providing accurate real-time estimations of time of pick-up and time of arrival to the customers. h. Providing an approximation of the pickup vehicle location so the customer knows from which direction it will be approaching. i. Following up with customers in a manner such that they may rate their experience and answer questions related to trip purpose, mode shift and other items based on the City's needs. 6.4) The Contractor will provide and market an option for customers to request services by telephone the span of service hours. 7. Program Management 7:1)The Contractor will offer a program team charged with collaborating with City staff in all matters related to the planning and implementation phases of the program, from attending general phone calls, emails, in-person meetings, etc., to conducting analyses, preparing reports, and invoicing the City for the services provided. 7.2) The Contractor will invoice the City once a month for the services completed. Invoices will include general information of the services provided and must be accompanied by the required monthly reports. 7.3)The Contractor will have the primary responsibility to market the new services prior to and during implementation. The Contractor and the City will agree to a marketing and promotional plan prior to project launch. No marketing partnerships between the vendor and any other entities without approval of the City of Aspen. The Contractor and the City will review any material prepared prior to its use by the other party with the City reserving the right to final approval. The City reserves the right to prepare and post information about other mobility services within the Contractor's vehicles. 7.4) Costs of marketing the system are the responsibility of the Vendor 8. Reporting and Data Sharing 8.1) The Contractor will submit a monthly report at the end of each month during the service span, including at a minimum, the following information. a. Date: month, day, year b. Trip request method: App, call center C. Requested origin location: xy coordinates, or similar d. Requested destination location: xy coordinates, or similar e. Trip length (in units of miles) f. Trips rejected due to service area: locations requested g. Service type requested: Regular,WAV h. Passengers on initial stop, number i. Time of trip request: hour, minute j. Time of pick-up at origin: hour, minute k. Time of drop-off at destination: hour, minute 1. Number of additional pick-ups during trip: number M. Number of additional passengers during trip: number n. Customer rating of service: excellent, good, mediocre, poor o. Customer modeishift information: simple survey question 8.2) The Contractor will provide the City with the following data elements on a monthly basis. a. Total number of trips b. Total number of passengers C. Total miles and hours d. Passengers per hour e. Cost per passenger f. Summary of origin and destination, including time of request g. Average trip length h. LOS summary(average wait time, average trip time) i. Summary of customer complaints and safety-related incidents j. Summary of operational issues including maintenance, dropped runs, accidents k. Summary of technology issues such as planned or unplanned service outages J . /�_ w � / � / a� � nrw I mak \ < ! u < @ d . & � __�� �-® � � . APPENDIX B Fee Schedule: Total Operating Cost for 1 year $520,370.00 (Monthly equal payments) $43,364.16 One-time Set Up charges for the 2 additional vehicles $20,170.00 Total Contract Value $540,540.00