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Home My WebLink AboutResolution - 2023-R0075 - Amendment No. 1 Contract 16537 with Swiftly - CitibusResolution No. 2023-R0075 Item No. 5.26 February 14, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Amendment No. 1 to Contract No. 16537, a Services Agreement, for GPS Playback Module, On -Time Performance Module, Vehicle Speed Module, and Runtime Module for Citibus, by and between the City of Lubbock and Swiftly, Inc., and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: Rebec a Garza, City Secret [:l_�_�3�� 17:L�IZK�7►ffli �1►Y IA �31 /11 Bill Ho rton, Deputy City ager APPROVED AS TO FORM: Ryan Broke, Assist& City Attorney RES.Amendment I -Contract No. 16537-Swiftly, Inc. 1.26.23 February 14, 2023 Resolution No. 2023-R0075 AMENDMENT NO. 1 CONTRACT 16537 TO AGREEMENT BETWEEN THE CITY OF LUBBOCK SWIFTLY, INC. THIS IS AN AMENDMENT TO THE AGREEMENT 16537 dated and entered into the 10" day of May 10, 2022 by and between the City of Lubbock ("City") and Swiftly, Inc. ("Contractor"). WHEREAS , The Contractor has entered into the Agreement with the City to perform as an independent contractor to provide GPS Playback, On -Time Performance, Vehicle Speed, and Runtime Modules. This Amendment No.I will prorate the term for of the agreement and extended the term until September 30, 2027, as provided in Exhibit A. All other portions of the original Agreement and previous Amendments shall remain in place and are not altered by this amendment. IN WITNESS HEREOF, the parties have executed this Amendment as of this 14 day of February 2023. CITY OF LUBBOCK: *rayaMAYOR ATTEST: Rebecka Garza, City Secret APPRO AST C NTENT: Chris Mandrell, Gen ral Manager Citibus APPROVED AS TO F Br oke, Assistant City Attorney Swiftly, Inc. Name D b� P CFO Title .2pr� �(�rl��f s¢. _q - Address Exhibit A Swiftly Order Form Swiftly , Customer Lubbock Citibus Quote Date 12/16/2022 — Pricing Valid for 30 Days Quote Number Lub-44929 Effective Date of Service 1 /1 /2023 Contract Term The exact service term (the 'Initial Term'): 57 Months (1 /1 /2023 - 9/30/2027). Billing Terms Annually in Advance Renewal Term Pricing The annual cost shall increase by 3% for each year during the Initial Term and 3% for each one-year Renewal Term. Marketing Terms Willingness to work with Swiftly to develop a case study, mutually agreeable press release, and ability to use your agency as a reference (website, presentations, etc.). PRODUCT NUMBER OF LIST ANNUAL PRICE ANNUAL COST TOTAL COST VEHICLES PER VEHICLE PER VEHICLE PER YEAR Connect with Passengers Service Adjustments 56 $550 $418 $23,380 Connect with Staff T GPS Playback 56 $365 = $284 $15,904 1 On -Time Performance 56 $365 _ $284 $15,904 TOTAL ANNUAL COST $55,188 TOTAL PRORATED COST (9 MONTHS) _ $41,391.00 TOTAL ANNUAL INCREASE AFTER YEAR 1 3% PRODUCT NUMBER OF LIST ANNUAL PRICE ANNUAL COST TOTAL COST VEHICLES PER VEHICLE PER VEHICLE PER YEAR Connect with Passengers Real -Time Passenger Predictions 56 $730 $647.42 $36,255.66 Rider Alerts k 56 $290 $306.53 $17,165.68 _ Connect with Staff _ _ Live Operations 56 Included Connect with Vehicles AVAS Connector 56 I $350 $314.96 $17,637.66 TOTAL ANNUAL COST $71,059.00 TOTAL PRORATED COST (4.5 MONTHS) $28,034.24 PRODUCT Connect with Passengers Real -Time Passenger Predictions Service Adjustments Rider Alerts Connect with Staff GPS Playback On -Time Performance Live Operations Connect with Vehicles AVAS Connector SERVICE / PRODUCT Swiftly Implementation Services NUMBER OF LIST ANNUAL PRICE ANNUAL COST TOTAL COST VEHICLES PER VEHICLE PER VEHICLE PER YEAR 56 $730 $647.42 $36,255.66 56 $550 $430.03 $24,081.40 56 $290 $306.53 $17,165.68 56 $365 $292.52 $16,381.12 56 $365 _ $292.52 $16,381.12 56 Included 56 $298 $314.96 $17,637.66 TOTAL ANNUAL COST $127,902.64 TOTAL ANNUAL INCREASE AFTER YEAR 1 3% QTM LIST PRICE PER COST PER TOTAL COST VEHICLE VEHICLE 56 $405 $41 $2,296.00 TOTAL ONE-TIME COST $2,296.00 PRORATED PERIOD 1 TOTAL (1/1/2023 - 9/30/2023) PRORATED PERIOD 2 TOTAL (5/1 /2023 - 9/30/2023) YEAR 2 TOTAL (10/1 /2023 - 9/30/2024) YEAR 3 TOTAL (10/1 /2024 - 9/30/2025) YEAR 4 TOTAL (10/1 /2025 - 9/30/2026) YEAR 5 TOTAL (10/1 /2026 - 9/30/2027) 1 /1 /2023 $43,687.00 5/10/2023 $28,034.24 10/1 /2023 $127,902.64 10/1/2024 $131,739.72 10/1/2025 $135,691.91 10/1 /2026 $139,762.67 Swiftly Swiftly Order Form (Signature Page) Payment Terms: Due Net 30. Invoice sent separately. All fees are non-refundable and non -cancellable without Swiftly's written consent. SMS & Voice Limits: Up to a combined 5,000 SMS and voice calls are included per month for US customers only. Each additional 5,000 combined SMS and voice calls per month costs $125. Sales Tax: If your agency is not tax exempt, sales tax may be added to this purchase order. Terms of Use: By signing below, Customer agrees that this Order Form is subject to, and Customer is bound by, the Swiftly SaaS Terms of Service signed between the parties effective May 10, 2022. Unless otherwise specifically stated in an Addendum, in the event of a conflict between the Addendum and the Swiftly Terms, the Swiftly Terms shall govern. Customer: e� 4� Signature Chris Mandrell Name General Manager Title 1 /4/2023 Date Address Billing Contact Name Billing Email Billing Phone Swiftly, Inc. Signature Jonny Simkin Name CEO Title 1 /3/2023 Date 2261 Market Street #4151 San Francisco, CA 94114 Address I Swiftly Order Details • We use a Software as a Service (SaaS) model with annual subscriptions per product. There are no hosting or maintenance fees. • Subscriptions include unlimited users within your agency. • We believe in data access and availability. As long as your agency is a paying customer, you will have easy access to download up to three years data from the modules you purchase. • Every time we update the platform or launch or a new feature, your agency will automatically have access to that feature so long as you have paid for that module. Since the system is cloud -based, you will never need to download or re -install new software. Simply login and you'll see the new feature! • We pride ourselves on having the best support team in the industry. Always feel free to reach out with questions, comments, or suggestions on how we can better serve you. We typically respond to inquiries within 24 hours. Technical Requirements Swiftly's Dashboard: • The core Swiftly dashboard is hosted in the cloud — you do not need to install or download any software. • You can access the software from any computer, anywhere, anytime. • Swiftly works on the latest version of any browser. Onboard App: • The Onboard App is an Android app that must be installed on an Android device. • If you do not have an Android device, you may also use Swiftly's web -based Onboard App on iOS devices. This app is supported by most web browsers. • Onboard App works on the latest versions of Android and iOS, and updates can be rolled out through the App Store • Please contact your Account Executive for a list of supported devices and mobile browsers for Onboard App. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2023-982341 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Swiftly, Inc. San Francisco, CA United States Date Filed: 02/10/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Citibus (City of Lubbock) Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16537 Amendment #1 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlli—n-g7 Intermediary JMI Equity Fund IX - B,L.P. San Diego, CA United States X JMI Equity Fund IX - A, L.P. San Diego, CA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Rob Gaffney and my date of birth is My address is 2261 Market Street #4151 San Francisco CA 94114 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. 10 Executed in Denver County, State of Colorado on the day of February2023 (month) (year) R0i Jaffmj Signature of authorized agent of contracting business entity (Declarant) rorrns proviuea oy i exas tmics commission www.etnics.state.tx.us Version V3.5.1.3ac88bc0 Doc ID: bffc3121cdaaa35476fdf25e5e9f3206b77084cb CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2023-982341 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Swiftly, Inc. San Francisco, CA United States Date Filed: 02/10/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Citibus (City of Lubbock) Date Acknowledged: 02/15/2023 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16537 Amendment #1 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling7 Intermediary JMI Equity Fund IX - B,L.P. San Diego, CA United States X JMI Equity Fund IX - A, L.P. San Diego, CA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) t-orms proviaeu Dy i exas tmics commission www.etnics.state.tx.us Version V3.5.1.3ac88bc0