HomeMy WebLinkAbout556475 ZAGSTER INC - CONTRACT - RFP - 8156 PUBLIC BIKE SHARE PROGRAM (3)1
Amendment #01
8156 Public Bike Share Program Between
The City of Fort Collins and Zagster, Inc.
This Amendment #01 (“Amendment”) is entered into by and between Zagster, Inc. (the “Service
Provider”) and the City of Fort Collins, Colorado (the “City”).
WHEREAS, Service Provider and the City have entered into a Services Agreement dated
December 30, 2015 (the “Agreement”); and
WHEREAS, the City desires to update the Cost Model for Pilot Program and Initial Locations to
include equipment and desired Locations for the Kaiser Permanente sponsorship; and
WHEREAS, Kaiser Permanente’s sponsorship of the Bike Share Program will be directed to
Service Provider through the City; and
WHEREAS, Kaiser Permanente has committed to the City to sponsor the Fort Collins Bike Share
program for an initial term beginning April 1, 2016 with the intent to renew for at least one (1) additional
year; and
WHEREAS, the City requires approval authority for any new program sponsors; and
WHEREAS, Service Provider agrees to provide the additional goods and services accordingly;
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein
contained, the parties agree as follows:
A. Exhibit A is hereby amended by adding a new section as follows:
Kaiser Permanente Sponsorship:
1. Kaiser Permanente (“Kaiser”) has agreed to sponsor the Pilot Program for up to two years.
The initial sponsorship term will be 4/1/2016-3/31/2017. The term will be adjusted forward if
the deployment of the Kaiser-sponsored docking stations and bikes is later than 4/1/16. The
sponsorship term may be renewed in accordance with the Agreement.
2. Initial desired Locations for three (3) Kaiser-sponsored Docking Stations:
a. Outside of the Downtown Transit Center (DTC).
b. University MAX Station (subject to easement, see para. 3 below).
c. Admissions Building, Colorado State University (subject to easement, see para. 3 below).
NOTE: Kaiser’s logo will be displayed on each Kaiser-sponsored Docking Station. The
content of the logo will be supplied by Kaiser and will conform to reasonable size, content,
and technical specifications supplied by Service Provider. Service Provider will furnish and
install the logo.
3. Service Provider shall be solely responsible for obtaining easements required for installation
of the Docking Stations and operation of the program from Colorado State University and/or
any other third-party property owners.
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4. In consideration of Kaiser’s sponsorship, Service Provider agrees it will provide Kaiser the
opportunity to review other sponsorship inquiries from healthcare facilities or providers for
Docking Stations to be placed within 500 ft. of a Kaiser and/or Banner Health facility,
including but not limited to a right of first refusal to sponsor Docking Stations at such
locations, to ensure there will be no conflict or confusion with Kaiser’s goals regarding
branding, marketing and promotion.
5. Kaiser-sponsored Bike Share Bikes:
a. Annual sponsorship of thirteen (13) of Service Provider’s standard adult bikes,
distributed across the three (3) sponsored Docking Stations; at a cost of $1,800/bike/year.
b. Kaiser’s logo will be displayed on each Kaiser-sponsored bike on the basket as outlined
in the sponsorship packet. The content of the logo will be supplied by Kaiser and will
conform to reasonable size, content, and technical specifications supplied by Service
Provider. Service Provider will furnish and install the logo.
6. Other Additional Considerations:
a. Website/App: Kaiser’s name and/or logo will be included on the sponsor page of Service
Provider’s website for Sponsored Stations, as well as within the app. Sponsorship of each
Sponsored Station will be identified on the interactive map that will be part of Service
Provider’s website. The content of the logo will be supplied by Kaiser and will conform
to reasonable size, content, and technical specifications supplied by Service Provider.
b. Memberships: Kaiser will be granted eight (8) complimentary annual memberships and
eight (8) complimentary daily memberships of the Fort Collins Bike Share (Zagster)
service, per bike sponsored, to be used exclusively for members of Kaiser’s organization
during each year this Kaiser sponsorship is in effect.
c. As a Founding Funder (Phase 1 Sponsor); Kaiser will also be entitled to a 25% discount
on any additional annual memberships purchased.
d. In addition; special recognition will be provided on the Service Provider’s website and
other printed materials as deemed appropriate by Service Provider and the City,
recognizing Kaiser’s contribution to the development of the Fort Collins Bike Share
Business Plan, an integral piece of the Fort Collins Bike Share Program.
e. Publicity: Service Provider may issue a press release and other communications
announcing Kaiser’s sponsorship with the prior written consent of Kaiser and the City.
Service Provider will not be obligated to provide the considerations listed in 5.b. through c.
above until the City verifies receipt of the sponsorship funds from Kaiser. Kaiser Permanente
shall promptly pay the City 30 days from the date of each invoice or such other date as the
parties may agree to in writing. If funds are not received from Kaiser by such date, the City
may elect to terminate its sponsorship agreement with Kaiser, and Service Provider agrees to
work with the City to rebrand Kaiser-sponsored items and facilities accordingly.
B. Exhibit A, Schedule A, is hereby amended to add a new paragraph 10 as follows:
10. Bike Station Signs and Sponsorships. It is the intent of the parties that the signage for
all bike share stations will be considered official government signage to direct the public to, and facilitate
the use of, a City-sponsored program. During the term of this Agreement, sponsors will be limited to
commercial businesses only. Prior to the establishment of any new program sponsors, Service Provider
shall submit to the City a written request including the sponsor’s name, type of business, and sample logo.
The City reserves the right to reject any such proposed sponsors at its sole discretion.
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Except as expressly amended by this Amendment #01, all other terms and conditions of the Agreement
shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the
Agreement and this Amendment, this Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment the day and year shown.
CITY OF FORT COLLINS:
By:
Gerry Paul
Director of Purchasing
Date: _____________________
ZAGSTER, INC.
By:_____________________________
Date:____________________________
DocuSign Envelope ID: A4291304-5602-40BF-86BA-F9C8B7695C9C
CEO and President
3/15/2016
Timothy J. Ericson
3/15/2016