Loading...
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. DocuSign Envelope ID: A4291304-5602-40BF-86BA-F9C8B7695C9C 2 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. DocuSign Envelope ID: A4291304-5602-40BF-86BA-F9C8B7695C9C 3 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