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HomeMy WebLinkAboutCORRESPONDENCE - AGREEMENT MISC - BIKE FORT COLLINS (6)First Amendment to the Services Agreement between The City of Fort Collins and Friends of the Fort Collins Bicycle Program, Inc., a Colorado nonprofit corporation, also known as BIKE FORT COLLINS This First Amendment to the Services Agreement between the CITY OF FORT COLLINS and Friends of the Fort Collins Bicycle Program, Inc., a Colorado nonprofit corporation, also known as BIKE FORT COLLINS, is entered into by and between Bike Fort Collins (Service Provider) and the City of Fort Collins, Colorado (the “City”). WHEREAS, the Service Provider and the City have mutually entered into a Services Agreement to provide Bike Share Local Program Operations with a commencement date of March 28, 2017 (the “Agreement”); and WHEREAS, Service Provider and the City desire to amend the Agreement to revise the Scope of Work, the contract term, and total compensation. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Exhibit A, Scope of Services, is amended to reflect that the Service Provider will provide the revised Scope of Services per attached revised Exhibit A. 2. Contract term is extended from February 28, 2018 to July 31, 2018. 3. Contract Sum for the extended period from March 1, 2018 to July 31, 2018 is not to exceed $35,000.00. 4. In the event of a conflict between the original Exhibit A Scope of Services and the attached revised version, the revised version shall prevail. IN WITNESS WHEREOF, the parties have executed this First Amendment the day and year shown. CITY OF FORT COLLINS: By: ____________________________ Gerry Paul Purchasing Director DATE: __________________________ Amendment 1 - Friends of the Fort Collins Bicycle Program Misc Agreement - Bike Share Local Program Operations Page 1 of 8 DocuSign Envelope ID: B3504515-CCF7-4005-8D7F-82B54AB9C8A6 3/8/2018 FRIENDS OF THE FORT COLLINS BICYCLE PROGRAM, INC., A COLORADO NONPROFIT CORPORATION By: Printed: Title: ________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: Amendment 1 - Friends of the Fort Collins Bicycle Program Misc Agreement - Bike Share Local Program Operations Page 2 of 8 DocuSign Envelope ID: B3504515-CCF7-4005-8D7F-82B54AB9C8A6 Bruce Henderson President 3/8/2018 EXHIBIT A SCOPE OF SERVICES Bike Fort Collins: Scope of Services pertaining to the Fort Collins Bike Share Local Program (for Bike Share Local Program Operations) The City of Fort Collins (City) will pay up to $35,000 during the contract term (March 1 – July 31, 2018) to Bike Fort Collins (Service Provider) to manage the Fort Collins Bike Share Local Program (FCBSLP), which includes the Local Bike Share Outreach Program and the Local Bike Share Sponsorship and Recruitment Program. All hours worked may be billed back to the FC Bikes Program within the approved budget. Invoice format will be subject to the City’s specifications. FC Bikes will approve major staffing revisions. SECTION 1: PROGRAMS AND OPERATIONS FC Bikes Program, a program of the City of Fort Collins, will oversee the following as it pertains to the Fort Collins Bike Share Local Program (FCBSLP) and Service Provider as the contracted party: Staffing and volunteers: The Service Provider will have a small team of dedicated employees to support the FCBSLP. The individuals should include: • Fort Collins Bike Share Local Program Director (FCBSLP Director) (1 FTE) • Outreach Coordinator (0.5 FTE) • May include part-time Ambassador efforts The key responsibilities covered by the team include program management support and being local ambassadors for the program: Program Management Support • Sponsorship recruitment • Marketing support • Strategic planning • Transition Planning (anticipated) Ambassadors • Staffing key events (e.g., CSU football games, farmers markets, etc.) • System promotion Amendment 1 - Friends of the Fort Collins Bicycle Program Misc Agreement - Bike Share Local Program Operations Page 3 of 8 DocuSign Envelope ID: B3504515-CCF7-4005-8D7F-82B54AB9C8A6 It is the intent of the City to supplement and enhance the automated Bike Share system provided by Zagster Inc. through the FCBSLP. The Service Provider will manage and implement the FCBSLP, by providing the following to support a successful, locally branded bike share system: • Serve as a central point of contact for the Fort Collins Bike Share Program and provide ongoing coordination with Zagster Inc., FC Bikes, CSU and other Program Partners to ensure seamless operations, communications, and system planning and promotion. • Promote and encourage safe bicycling to all FCBS customers. • Offer bicycling resources, e.g., helmets and bike maps to bike share users. • Offer technical support at Bike Share stations to educate users on the check-out process. • Work with Zagster and the City to explore/implement strategies to make the FCBS program more equitable and accessible. • Staff key events to promote Bike Share and recruit members and sponsors. • Participate in bicycle-related events and other community events as appropriate (e.g., Farmers Markets). • Promote general Bike Share awareness within the community. Local Bike Share Planning, Sponsorship and Recruitment Program • Participate in strategic high-level station growth planning that maximizes expansion goals for last-mile commuting, touring, convenient trips, finances and diversity. Primary collaboration with FC Bikes. • Participate in launch planning, both initial launch and all subsequent expansion phases. Represent local business view in sponsorship messaging. • Participate in planning local marketing strategy. • Conduct sponsorship outreach. Deliver presentations that promote Bike Share benefits and station sponsorship. • Plan and execute periodic activities with existing sponsors to support retention efforts. • Partner with local businesses in their promotions to leverage FCBS. • Coordinate with Zagster to align sponsorship recruitment and retention efforts. 1) FCBSLP Director will oversee the program, including budget, invoices, expansion, staff needs, and status reports. In addition, (s)he will serve as a liaison with FC Bikes, Zagster Inc., and Transfort/Parking Services staff. FCBSLP Director will ensure that salary for any two-week period does not exceed 10% of City funding for the FCBSLP program, unless approved by FC Bikes staff. (S)he may raise additional funding for the program. 2) Additional staff may be used to support increased service hours. Amendment 1 - Friends of the Fort Collins Bicycle Program Misc Agreement - Bike Share Local Program Operations Page 4 of 8 DocuSign Envelope ID: B3504515-CCF7-4005-8D7F-82B54AB9C8A6 3) Service Provider will develop and implement a volunteer recruitment and retention plan as needed. 4) Service Provider shall coordinate messaging with FC Bikes staff for all formal communication with the media or sponsors. All fundraisers and events hosted for the FCBSLP shall be approved by FC Bikes. 5) Service Provider will continue to improve the FCBSLP pursuant to the strategies determined in coordination with FC Bikes. All improvements are designed to enhance the customer experience and promote the citywide Bike Share Program. SECTION 3: EMPLOYEE CONDUCT 1) Conduct: Service Provider shall control the conduct and demeanor of its agents and employees. Upon objection from the City concerning conduct or demeanor of any such person, Service Provider shall immediately take all lawful steps to address or remove the cause of the objection. Also, if the City so requests, Service Provider agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form for which shall be subject to prior and continuing approval of the City. The personal conduct of Service Provider and its staff has a direct impact on the quality of performance. Unacceptable personal conduct/behavior by Service Provider, as defined, can result in immediate or early termination of the Agreement, as also defined. Although it is impossible to predict every possible type of misconduct, the following are some of the types of conduct which could be considered inappropriate: a. Theft or misuse of money or property; b. Commission or conviction of a felony or of any crime involving moral turpitude; c. Harassment of, or discrimination against, any individual based on race, religion, national origin, age, sex, sexual orientation or disability; d. Falsification, unauthorized use or destruction of City property; e. Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; f. Insubordination or refusal to comply with directives or assignments; g. Using, consuming, possessing, having in the body, or distributing alcohol or controlled substances during working time; h. Incompetence, inattention to duties or wastefulness while on the job; i. Failure to meet performance expectations of job or not performing duties or functions assigned; j. Engaging in personal business while on the job or engaging in outside employment which interferes with job performance; Amendment 1 - Friends of the Fort Collins Bicycle Program Misc Agreement - Bike Share Local Program Operations Page 5 of 8 DocuSign Envelope ID: B3504515-CCF7-4005-8D7F-82B54AB9C8A6 k. Repeated tardiness, absenteeism; l. Job Abandonment (unreported absences of three days or more) 2) Positions of Trust: Service Provider acknowledges and agrees that certain services provided by Service Provider will require that employees, agents, and volunteers of the Service Provider act in positions of trust which will entail the handling of and accounting for funds of the City and City property, or direct contact with youth and other members of the general public. Accordingly, Service Provider agrees that all employees, volunteers, and other representatives or agents of Service Provider in positions of trust, as defined, shall be screened using the City’s contractual background screening procedure, with such costs associated with said screenings to be fully paid by Service Provider. SECTION 4: REPORTING Service Provider will prepare monthly status reports for FC Bikes on the condition and effectiveness of the FCBSLP. These reports will be due by the 20th of each month for the previous month. (Example: January’s report is due February 20). The status report will include: staffing hours, number of customer contacts, helmet distribution totals, sponsors recruited, events attended in addition to standard budget reports. Other metrics will be determined collectively by Service Provider, FC Bikes and Zagster Inc. SECTION 5: LEVEL OF SERVICE 1) In 2018, the FCBSLP will operate at a minimum through the 2018 Summer Transition Period (it is anticipated that Zagster Inc. will be employing local staff beginning in June or July to support the Fort Collins Bike Share Program). 2) The FCBSLP will include staffing and hours related to the Local Bike Share Sponsorship, Recruitment and Outreach Program. 700-900 hours are anticipated for these tasks (including contingency hours). SECTION 6: PROPERTY Property pertaining to the FCBSLP and other items purchased through City funds, is owned by the City of Fort Collins. Any sale or repurposing of such items must be approved by the City of Fort Collins. SECTION 7: FUNDING The City of Fort Collins will pay up to $35,000 for the contract term (March 1 – July 31, 2018). As approved by the City, a combination of funding sources may be used to meet the level of service expected of the Service Provider as outlined below. Additional funding may be pursued through special sponsorships: Service Provider may solicit business sponsorships to support the FCBSLP in order to supplement funding from the City of Fort Collins and from user fees and membership, and may enter into sponsorship agreements with sponsors. Amendment 1 - Friends of the Fort Collins Bicycle Program Misc Agreement - Bike Share Local Program Operations Page 6 of 8 DocuSign Envelope ID: B3504515-CCF7-4005-8D7F-82B54AB9C8A6 1) Approved sponsor packages will be developed as needed, in coordination with the City of Fort Collins and Zagster, Inc. 2) The City of Fort Collins logo will be displayed on FCBSLP materials. Finances: 1) The City of Fort Collins will reimburse the Service Provider up to $35,000 for running the FCBSLP. Reimbursable expense categories include: a) Merchandise b) Office supplies c) Marketing & design to promote and operate the FCBSLP d) Technology and web services (as appropriate) e) FCBSLP employee wages f) Miscellaneous materials specific to operating the FCBSLP g) Payroll expenses 2) Service Provider will invoice the City of Fort Collins on monthly basis. Invoices will include the following documentation: a) Overall Program Profit and Loss by Expense Category b) Detailed cash flow report for all items to be paid for by City funds c) Status report documenting all income and expenses pertaining to the FCBLSP 3) Additional expenses, including the following may be covered through revenue generated by the FCBSLP and Service Provider via sponsorship, user fees and fundraising: a) Payroll taxes b) Office Reimbursement c) Healthcare d) Liability and Workers’ Comp Insurance e) Merchant Services f) Appreciation and Training g) Travel h) Education and Development i) FCBSLP Events Amendment 1 - Friends of the Fort Collins Bicycle Program Misc Agreement - Bike Share Local Program Operations Page 7 of 8 DocuSign Envelope ID: B3504515-CCF7-4005-8D7F-82B54AB9C8A6 j) Meeting expenses k) Sponsorship Items l) BFC Management Expense m) Food and alcohol expenses (outside of those adhering to City’s Personnel Policies & Procedures) n) Expansion of FCBS 4) Any monies raised for and through the FCBSLP will be deposited into an account designated specifically for the FCBSLP program. 5) Monies raised in excess of the anticipated operating expenses for 2018 may be used to improve and expand FCBSLP operations. 6) Monies remaining in the FCBSLP designated account at the end of the contract term will either (1) rollover to support the continuation of the FCBSLP, or (2) remain with Service Provider to be used for bicycle education programming, as approved by FC Bikes, in the event Service Provider is no longer the operator of the FCBSLP. Amendment 1 - Friends of the Fort Collins Bicycle Program Misc Agreement - Bike Share Local Program Operations Page 8 of 8 DocuSign Envelope ID: B3504515-CCF7-4005-8D7F-82B54AB9C8A6 03/08/2018 Long's Insurance Agency,Inc 7800 Miller Dr. Unit C Frederick, CO 80504 License #: 252724 Cheri Osterhoudt (720)684-6012 (720)684-6052 cheri@LongsInsurance.com 00000000-0 2 Friends of the Fort Collins Bicycle Program, Inc DBA Bike Fort Collins PO Box 1632 Fort Collins, CO 80522 Adco General A X Y MP0005005000499 10/15/2017 10/15/2018 X X 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 The Certificate holder is also an additional insured regarding the General Liability Insurance City of Fort Collins FC Bikes 281 North College Avenue PO Box 580 Fort Collins, CO 80522 (CEO) Printed by CEO on March 08, 2018 at 09:53AM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DocuSign Envelope ID: B3504515-CCF7-4005-8D7F-82B54AB9C8A6