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HomeMy WebLinkAbout2022-11-08-Meeting AgendaPublic Service Committee Meeting Commission Chamber- 11/8/2022- 1:00 PM PUBLIC SERVICES 1.Discussion: A request by Planning & Development to renew the existing Alcohol Licenses in the City of Augusta. There will be Sunday Sales, Dance, Arcades, Wholesalers, Alcohol Catering and an Adult Bookstore. Attachments 2.Discussion: Approve by resolution the designation of one Sunday during the calender year of 2023 that bars can be open as provided in the Augusta Alcohol Ordinance Section 6-2-77 (3a). Approve - Super Bowl Sunday February 12, 2023. Attachments 3.A motion to approve the purchase of Fixed Route Planning, Scheduling and Runcutting Software system for Augusta Transit (AT). The recommendation of award is for a one (1) year term with two (2) one (1) year extension options. REF 22-168. Attachments 4.Motion to approve the design for construction at Fleming Park and Bernie Ward Community Center.Attachments 5.Greater Augusta Arts Council regarding a review and decision relative to the unpurchased sculptures from the current Augusta Sculpture Trail to purchase for the City of Augusta.Attachments 6.Motion to approve the minutes of the Public Services Committee held on October 25, 2022. Attachments 7.Visual presentation regarding the acceptance of the National Fitness Campaign's 2022 Healthy City Grant. (Referred from October 25 Public Services Committee)Attachments 8.Presentation by Mr. J. R. Tregeagle of the Budgetel Inn & Suites regarding involuntary conversion of hotels from an Innkeeper/Guest business relationship to that of Landlord/Tenant and discriminatory consequences. Attachments www.augustaga.gov Public Service Committee Meeting 11/8/2022 1:00 PM Alcohol Renewal Department:Planning & Development Presenter:Julietta H. Walton Caption:Discussion: A request by Planning & Development to renew the existing Alcohol Licenses in the City of Augusta. There will be Sunday Sales, Dance, Arcades, Wholesalers, Alcohol Catering and an Adult Bookstore. Background:This is the annual renewal for the year 2023. Analysis:The applicants meet the requirements for the renewal of their currect licenses for the year 2023. Financial Impact:N/A Alternatives: Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Planning and Pevelopment Peparfinent Carla Delaney - Director TO: www.auqustaflE"gov MEMORANDUM FROM: DATE: RE: Hardie Davis, Jr., Mayor Bobby Wllliams, Mayor Pro Tem Augusta Georgia Commissioners DldVDquse, I nterim Ad ministrator October 25,2022 Renewalof the Alcohol, Sunday Sales, Dance, Arcades, Wholesa lers, Alcohol Catering and Adult Booktore. Licenses for the Year 2023. Enclosed you will find a copy of the Alcohol License Renewal Book for the year 2023. CDIIhw It03 Mavh Gdftn no.4 Artu*l Or. 39106 BuisrI.krc AloholLioor 706.3t2.163 Frr ?06.312.!037 7qt3t2.56t FB ?06.Illr2S3 Bdtrh3Featitr il6.3 l2"l0l0 Fa 1$.312.a233 CodcEa&rtffi ?{16.3 12.50{e Fa ?06.t2 1.a233 Attachment number 1 \nPage 1 of 2 Item # 1 2022 ALCOHOL LICENSES TO BE RENEWED FOR 2023 Prepared by: Planning and Development Department Carla Delaney, Director 1803 Marvin Griffin Road Augusta, GA. 30906 Attachment number 1 \nPage 2 of 2 Item # 1 Public Service Committee Meeting 11/8/2022 1:00 PM Alcohol-Super Bowl Sunday Department:Planning & Development Presenter:Julietta H. Walton Caption:Discussion: Approve by resolution the designation of one Sunday during the calender year of 2023 that bars can be open as provided in the Augusta Alcohol Ordinance Section 6-2-77 (3a). Approve - Super Bowl Sunday February 12, 2023. Background:The Augusta Alcohol Ordinance provides that by resolution the Commission can designate one Sunday a calender year that Bars can be open. Analysis:The following dates have been approved in the past: Super Bowl Sundays, February 2, 2020,February 7, 2021, and February 13, 2022. The proposed date to select is Super Bowl Sunday February 12, 2023. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 2 Public Service Committee Meeting tLlo8l2022 Bars Open on Sunday 2O23 Department: Presenter: Caption: Background: Analysis: Financial !mpact: Alternatives: Recommendation: Funds available ln the following accounts. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission. Planning & Development Julietta H. Walton Approve by resolution the designation of one Sunday during the calendar year 2023 that bars can be open as provided in the Augusta Alcohol Ordinance, Section 6-2-71 (3a). The Alcohol Ordinance provides that by resolution the Commission can designate one Sunday a calendar year that bars can be open. The following dates have been approved in the past: Super BowlSunday February 2,2020, Super Bowl Sunday February 7,202L, Super Bowlsunday February 13,2022... The proposed date to select is Super Bowl Sunday February t2,2023. N/A Do not approve Approve Attachment number 1 \nPage 1 of 1 Item # 2 Public Service Committee Meeting 11/8/2022 1:00 PM Fixed Route Planning Software RFP 22-168 Department:Augusta Transit Presenter:Sharon Dottery Caption:A motion to approve the purchase of Fixed Route Planning, Scheduling and Runcutting Software system for Augusta Transit (AT). The recommendation of award is for a one (1) year term with two (2) one (1) year extension options. REF 22-168. Background:The Fixed Route Planning software is a geospatial cloud-based software used for bus route planning, fixed route scheduling and run-cutting software application. The planning software will allow a greater understanding by AT of the potential financial, operational, and ridership impacts of new, terminated, or alternative fixed route services. The scheduling and run cutting software will allow AT operators and managers to operate the fixed route system more efficiently. The software application will free up time spent by AT staff (direct or contracted) in the manual update, scenario assessment and scheduling of fixed route bus operations. Furthermore, this tool will allow for a streamlining of workflow and operational adjustments or improvements to be implemented timeously. Currently, AT uses two (2) Trapeze/Tripspark programs, namely, Streets Dispatch and Streets Admin for fixed route bus operations. scheduling, run cutting and rostering are performed manually despite AT’s license to use the Trapeze/Tripspark Streets Schedule program. AT does not use any fixed route planning software application. The population of Augusta-Richmond County continues to grow and with it the demand for affordable transportation. This is compounded by declining transit ridership and demographic and industrial shifts throughout the county. The current network of nine (9) fixed routes has remained unchanged for many years and is out of synch with the spatial dynamics of Augusta-Richmond County. This ongoing spatial dynamic has limited AT’s ability to fulfill its mission - ‘To give customers access to all regions of Augusta-Richmond County by providing quality, dependable, safe, accessible and affordable transportation, thereby enhancing the mobility of the public as well as the transportation disadvantaged.’ AT intends on using this transit planning and scheduling software to evaluate and redesign its route structure to ensure the system serves locations that match the needs and wants of citizens and visitors to Augusta-Richmond County. Analysis:A RFP was issued by the Procurement Department. Five responses were received. Four of the responses were deemed as non-responsive by the Compliance Department with one also being deemed non-compliant by Procurement. The evaluation committee met and reviewed the proposal. Cover Memo Item # 3 The evaluation committee determined that the proposal would meet the needs of the department. The Transit Department requested to entered into contract negotiations with the vendor and we have reached an agreement on the terms. The Transit Department is requesting approval to award the Fixed Route Planning, Scheduling and Runcutting Software contract to Remix Technologies, LLC for a 1 year period with an option to extend for two (2) additional one (1) year terms. Financial Impact:This purchase will be funded with local and federal grant funds from the Transit Department’s 2022 Capital Budget. The allocated funding breakdown is: Funding Source Total Split Federal Local FTA Grant GA- 2021-023 $36,507 80/20 $29,206 $7,301 Alternatives:Deny request. Recommendation:Approve the request. Funds are Available in the Following Accounts: 54709-1226-54-24320 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 SAMPLE CONTRACT, TERMS AND CONDITIONS Fixed Route Planning, Scheduling and Run- Cutting Software Augusta Transit, RFP #22-168 Submitted by Remix Technologies, LLC - a subsidiary of Via Transportation, Inc. To: Geri A. Sams, Procurement Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 March 21, 2022 Attachment number 1 \nPage 1 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 Proprietary and Confidential Information Please note that this document contains proprietary, confidential, and trade secret information of Remix Technologies LLC, a subsidiary of Via Transportation Inc., and is exempt from disclosure under O.C.G.A. § 50-18-70 et seq. (the “Georgia Open Records Act”), including under O.C.G.A. § 50-18-72(24) (as these materials are “[r]ecords acquired by an agency for the purposes of establishing or implementing, or assisting in the establishment or implementation of, a carpooling or ridesharing program”); under O.C.G.A. § 50-18-72(34) (as these materials include trade secrets concerning Remix and Via’s confidential and proprietary technology and business practices); and under O.C.G.A. § 50-18-72(20) (as these materials include sensitive personal information of Remix and Via’s officers and employees). We request that your office maintain the confidentiality of this document and provide Remix and Via with notice of any request for disclosure of this information prior to production by contacting compliance@ridewithvia.com. Attachment number 1 \nPage 2 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 About Remix Our vision is to empower cities to manage all aspects of transportation and create equitable, safe, and accessible outcomes. Remix is the only company that brings together the complete transportation picture in a single software platform. We build products that help cities develop the best transportation outcomes for their communities. The company was founded in 2014 out of Code for America, and has partnered exclusively with government agencies since its founding. Our technology enables you to see your data in one place, plan a holistic network, and build consensus across stakeholders. Remix focuses on technology and expertise that enables transportation professionals to do their best work through easy-to-use, visual tools to analyze and design more livable cities, where multiple modes of transportation can thrive. Over 375 governments around the world leverage Remix’s transportation platform. We bring the unique expertise of working directly with over 11,000 transportation professionals to build a cloud-based software platform that helps local governments build more livable communities. In 2021, we joined the Via Transportation, Inc. family and now have a global community of over 500 customers around the world. Attachment number 1 \nPage 3 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 Product Overview The core data platform enables three distinct workflows for transportation professionals and decision- makers, powered by open data and open source tools. By pulling data insights into the planning process, local governments can design better transportation networks, safer, more multimodal streets, and seamless integration between public and private transportation. EXPLORE Access and visualize all of your transportation data first Gather context and explore problems through quick insights for custom-drawn and existing geographical boundaries TRANSIT PLANNING + SCHEDULING Plan transit from vision through implementation Design, evaluate, and collaborate all in one place - from a small detour to a full system redesign, and everything in between. Once your plan is set, take your vision through to blocking, runcutting, and rostering. STREET DESIGN Design streets for the multimodal city Explore new street design concepts, use data to inform decisions, and move your ideas forward, faster. ON-DEMAND PLANNING Plan an integrated network across modes Coordinate a multimodal transportation network that fit the diversity of your community, while understanding the impacts to operational constraints. Attachment number 1 \nPage 4 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 Remix + Augusta Transit: Bringing Together the Transportation Picture The Remix Platform is designed to bring together cities and transit agencies to leverage innovative technology for the changing transportation landscape. With a planning, design, and data lens, governments will benefit from the culmination of 500+ government best practices, and in turn become influential across data standard practices, policy and program design, and technology that considers the holistic transportation picture. Specifically, with Remix’s technology, cities and transit agencies will be able to take advantage of combined decades of expertise across policy, engineering and product, and transportation sectors. The Remix/Via team of 350+ engineers will allow a tailored approach to each city and transit agency, along with rapid product development. For Augusta Transit, we believe you will see an immediate positive impact with a Remix partnership: – Remix Fixed Route Planning software will allow a greater understanding by Augusta Transit of the potential financial, operational, and ridership impacts of new, terminated, or alternative fixed route services. - Remix Scheduling & Runcutting software will allow Augusta Transit operators and managers to operate the fixed route system more efficiently. Remix Scheduling & Runcutting software will free up time spent by the Augusta Transit staff in the manual update, scenario assessment, and scheduling of fixed route bus operations. - Remix Scheduling & Runcutting software will also allow for a streamlining of workflow and operational adjustments or improvements to be implemented timeously. We look forward to supporting Augusta Transit in these endeavors and many more. Attachment number 1 \nPage 5 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 Remix Fixed Route Planning Proposal for Augusta Transit Prepared for Geri A. Sams, Procurement Director. By Alyssa Overheul, Remix (alyssa.overheul@ridewithvia.com). Date: March 21, 2022 What do I get with a Remix Fixed Route Planning License? A full transit planning platform for your entire agency. It’s an annual subscription for unlimited users, and includes: ● Fast and accurate sketch planning using existing stop infrastructure ● Instant demographic impact analysis ● Instant cost estimates ● Customizable vehicle blocking for accurate cost estimates ● Unlimited exports (excel, shapefile, KML, frequency-based GTFS, high-resolution image) ● Unlimited custom data layers (polygon-based shapefiles) ● Unlimited GTFS uploads ● Public engagement and share features ● Travel-time isochrone visualizations ● Title VI Engine (US) - generate a service equity analysis in less than 10 minutes ● Timetables – generate and customize timepoints and segment-level runtimes ● Export timetables into excel ● Consistent and regular product improvements / feature launches Customer support? Our Success Team brings years of transit experience and works with you to develop a customized Success Plan. Each plan has three parts: 1. Onboard (First 60 Days): Identify a first project and work on it together. - Workshops, Project-Assisted Training, Individual Sessions, Video Guides 2. Plan (Months 2+): Bring your plans to life with Remix. - Regular Check-ins, Best Practices Blog, Remix Webinars, Remix Conference 3. Measure Results (Months 6+): Document your return on investment (ROI). - Develop ROI Report, Set Yearly Goals, Manage Renewal, Plan Ahead Technical requirements? Remix is entirely web-based and software-as-a-service (SaaS). ● Everything is in the cloud -- no installations or downloads. Can access from anywhere. ● Every user gets a login + password ● Remix works on the latest version of Google Chrome, Microsoft Edge, and Firefox ● Agency-wide annual subscription -- no maintenance fees. Attachment number 1 \nPage 6 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 Remix Scheduling & Runcutting Proposal for Augusta Transit Prepared for Geri A. Sams, Procurement Director. By Alyssa Overheul, Remix (alyssa.overheul@ridewithvia.com). Date: March 21, 2022 What do I get with a Remix Scheduling & Runcutting License? A full transit scheduling platform for your entire agency. It’s an annual subscription for unlimited users, and includes: ● Interactive blocking to finalize vehicle assignments ● Unlimited excel reports for daily vehicle assignments, driver assignments, and roster-style bidding ● Dynamic runcutting interface for multiple schedule generation ● Optimization for peak bus count, costs, overtime, straight runs, and/or crew count ● Operator and labor-friendly schedules ● Cafeteria/roster-style bidding with intuitive and informational bid sheets for operators ● Relief-vehicle logistics ● Easy to read, detailed printable paddles for operators ● Customizable timepoints to keep operators on schedule ● GTFS export for mobile rider applications ● Integration with a variety of AVL and farebox systems, including Syncromatics, AVAIL, Double Maps, and Transdev VDS Customer support? Our Success Team brings years of transit experience and works with you to develop a customized Success Plan. Each plan has three parts: 4. Onboard (First 90 Days): Identify a first bid and work on it together. - Workshops, Project-Assisted Training, Individual Sessions, Video Guides 5. Plan (Months 2+): Bring your plans to life with Remix. - Regular Check-ins, Best Practices Blog, Remix Webinars, Remix Conference 6. Measure Results (Months 6+): Document your return on investment (ROI). - Develop ROI Report, Set Yearly Goals, Manage Renewal, Plan Ahead Technical requirements? Remix is entirely web-based and software-as-a-service (SaaS). ● Everything is in the cloud -- no installations or downloads. Can access from anywhere. ● Every user gets a login + password ● Remix works on the latest version of any browser ● Agency-wide annual subscription -- no maintenance fees. Attachment number 1 \nPage 7 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 Remix Services Agreement for Augusta Transit This Services Agreement (“Agreement”) is entered into between Remix Technologies, LLC., a subsidiary of Via Transportation, Inc. ("Company"), and Augusta Transit ("Customer") and will become effective when it is executed by authorized representatives of both parties (the “Effective Date”). Scope of Services & Terms Prepared for Geri A. Sams. By Alyssa Overheul, Remix (alyssa.overheul@ridewithvia.com). Date: March 21, 2022 Effective Date Commitment Term 1 Year + Option Years Remix Fixed Route Transit Planning + Explore Planning License $12,500 USD first year, based on a total fixed route fleet of 14 vehicles – Option Year 1: $13,000 USD per year – Option Year 2: $13,500 USD per year • Access to Transit Planning platform • Remix licenses for an unlimited number of users within Augusta Transit • Enhanced data visualization and analysis • Software as a Service (SaaS): fully hosted, cloud-based web platform • Dedicated Customer Success staff; Premium Enterprise Support: response to requests in 1 business day Remix Scheduling & Runcutting License $17,000 USD first year, based on a total fixed route fleet of 14 – Option Year 1: $18,000 USD per year – Option Year 2: $19,000 USD per year • Access to Transit Scheduling platform • Remix licenses for an unlimited number of users within DEPTS LISTED • Enhanced data visualization and analysis • Software as a Service (SaaS): fully hosted, cloud-based web platform • Dedicated Customer Success staff; Premium Enterprise Support: response to requests in 1 business day Management / Implementation & Configuration Fee $1,000 USD for 1 year only • Create user accounts • Calibrate and upload key datasets DBE Fee (Training & Documentation) $6,007 USD for 1 year only • Provide onboarding and training for all staff. Hardware Costs N/A – no hardware needed Total Contract Value $36,507 USD / 1 year Attachment number 1 \nPage 8 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 – Option Year 1: $31,000 USD – Option Year 2: $ 32,500 USD Marketing Terms Willingness to work with Remix to develop a case study, mutually agreeable press release, ability to use Customer as a reference. •••••• This Agreement incorporates the attached Terms and Conditions (“Terms”). In the event of a conflict or inconsistency between the Terms and this Agreement, the Terms will control, except to the extent that this Agreement expressly states that it supersedes specific language in the Agreement. Capitalized terms not otherwise defined herein will have the meaning ascribed to them in the Agreement. The parties have caused their duly authorized representatives to execute this Agreement (incorporating the Terms) as of the dates set forth below. Augusta, Georgia Remix Technologies, LLC. Signature: __________________________________________ Signature: ________________________________________________ Name: __Hardie Davis, Jr.______________________________ Name: ___________________________________________________ Title: __Mayor______________ Title: _____________________ Date: ________________________ Billing Contact Name: _______________________________ Email: ______________________________ Phone: __________________ Attest: Lena J. Bonner, Clerk of Commission SEAL Attachment number 1 \nPage 9 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 Contact Us We love discussing all things cities and transportation. If you have questions about this proposal, please reach out to us at: Alyssa Overheul (628) 239-2455 | alyssa.overheul@ridewithvia.com www.remix.com | team@remix.com Attachment number 1 \nPage 10 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 REMIX TERMS AND CONDITIONS These Terms and Conditions (“Terms”, together with an Order Form referencing these Terms, the “Agreement”), are entered into between Remix Technologies, LLC., a Delaware limited liability corporation (“Remix”), and the customer identified on the Order Form (“Customer”), and are effective as of the date that the Order Form is executed by both parties (the “Effective Date”). 1. DEFINITIONS. Capitalized terms will have the meanings set forth in this Section 1, or in the section in which they are first used. 1.1 “Authorized User” means each of Customer’s employees, agents, and independent contractors who are authorized to access the Remix Solution under this Agreement. 1.2 “Customer Content” means any content, data and information provided to Remix by or on behalf of Customer or its Authorized Users for use with the Services, including, without limitation, any Mobility Provider Data. Customer Content does not include Licensed Material or Resultant Data. 1.3 “Documentation” means the materials describing the use and operation of the Remix Solution that are made available to Customer as written technical briefs or on https://help.remix.com/ or such other web page as Remix may designate to Customer from time to time. 1.4 “Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world. 1.5 “Licensed Material” means reports, results, materials and documentation made available to Customer as part of the Services. Licensed Material does not include the Remix Solution or any component thereof. 1.6 “Mobility Provider” means an operator of a transportation or rideshare service or platform that provides or facilitates transportation by train, bus, car, bicycle, scooter or any other mode of transportation and is required to provide transportation related data and information to Customer (or its third party designees) by contract, permit or other applicable ordinance, regulation or law. 1.7 “Mobility Provider Data” means any data or other information made available to Remix by a Mobility Provider at the direction, or for the specific benefit, of the Customer, even if Remix’s receipt of such information is governed by its own agreement with the Mobility Provider. 1.8 “Order Form” means an order form, scope of work or scope of services signed by both parties that references this Agreement. 1.9 “Professional Services” means professional services provided by Remix to Customer as described in any Order Form (as may be further described in any statement of work). 1.10 “Remix Solution” means the Remix software-as-a-service application identified in any Order Form that allows Authorized Users to access certain features and functions through a web interface. 1.11 “Resultant Data” means statistics, data, insights, observations, analyses, ideas and other information that does not identify any natural person and is derived from the categorization, modeling or other processing of one (or more) data set(s), including, without limitation, data sets that include Customer Content and data of Remix’s other customers. 1.12 “Services” means any services provided by Remix to Customer under this Agreement as described in an Order Form, including, but not limited to, provision of the Remix Solution and Professional Services. Attachment number 1 \nPage 11 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 2. PROVISION OF SERVICES 2.1 Access. Subject to Customer’s payment of the fees set forth in the Order Form (“Fees”), Remix will provide Customer with access to the Remix Solution during the Term (as defined below). Customer will use commercially reasonable efforts to prevent unauthorized access to, or use of, the Remix Solution, and notify Remix promptly of any such unauthorized use known to Customer. 2.2 Support Services. Subject to the terms and conditions of this Agreement, Remix will exercise commercially reasonable efforts to (a) provide support for the use of the Remix Solution to Customer, (b) keep the Remix Solution operational and available to Customer, in each case in accordance with its standard policies and procedures, and (c) provide the Service in accordance with the Service Level Terms set out in Exhibit A. 2.3 Professional Services. As contemplated in Section 6.1 below, Remix can provide auxiliary Professional Services. These Professional Services are outlined in Exhibit B. The provision of these Professional Services, together with the fees to be charged by Remix, will be set forth in an Order Form or a statement of work signed by both parties at the time they are requested. 2.4 Hosting. Remix will, at its own expense, provide for the hosting of the Remix Solution, provided that nothing herein will be construed to require Remix to provide, or bear any responsibility with respect to, any telecommunications or computer network hardware required by Customer or any Authorized User to access the Remix Solution from the Internet. 2.5 Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this agreement or any payment obligations, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Remix under this agreement. 2.6 If the software or licenses required to run Remix Solution can no longer be accessed, Remix is responsible, at its own expense, for finding a compatible substitute that will allow the contract to be carried out. If a compatible substitute cannot be found, vendor must refund any payments that it has received from Customer related to the services that can no longer be performed. 3. INTELLECTUAL PROPERTY 3.1 License Grant. Subject to the terms and conditions of this Agreement, Remix grants to Customer a non-exclusive, non-transferable (except as permitted under Section 13.6) license during the Term (as defined below), solely for Customer’s internal business purposes and in accordance with the limitations (if any) set forth in the Order Form, (a) to access and use the Remix Solution and in accordance with the Documentation; and (b) to use and reproduce a reasonable number of copies of the Documentation solely to support Customer’s use of the Remix Solution. Customer may permit any Authorized Users to access and use the features and functions of the Remix Solution as contemplated by this Agreement, provided Customer remains responsible for compliance by such individuals with all of the terms and conditions of this Agreement, and any use of the Services by such individuals is for the sole benefit of Customer. 3.2 Restrictions. Customer will not, and will not permit any Authorized User or other party to: (a) allow any third party to access the Remix Solution, Licensed Material or Documentation, except as expressly allowed herein; (b) modify, adapt, alter or translate the Remix Solution, Licensed Material or Documentation; (c) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Remix Solution or Documentation for the benefit of any unauthorized third party; (d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) or nonpublic APIs of the Remix Solution, except as permitted by law; (e) interfere in any manner with the operation of the Remix Solution or the hardware and network used to operate the Remix Solution; (f) modify, copy or make derivative works based on any part of the Remix Solution or Documentation; (g) access or use the Remix Solution to build a similar or competitive product or service; (h) attempt to access the Remix Solution through any unapproved interface; or (i) otherwise use the Remix Solution, Licensed Material, or Documentation in any manner that exceeds the scope of use permitted under Section 3.1 or in a manner inconsistent with applicable law, the Documentation, or this Agreement. Customer acknowledges and agrees that the Remix Solution will not be used, and is not licensed for use, in connection with any of Customer’s time-critical or mission-critical functions. Customer will not remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of Remix or its licensors on the Licensed Material or any copies thereof. Attachment number 1 \nPage 12 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 3.3 Ownership. As between the parties, the Customer Content, and all worldwide Intellectual Property Rights in it, is the exclusive property of Customer. All rights in and to the Customer Content not expressly granted to Remix in this Agreement are reserved by Customer. As between the parties, the Remix Solution, Licensed Materials, Documentation and Resultant Data, and all worldwide Intellectual Property Rights in each of the foregoing, are the exclusive property of Remix and its suppliers. All rights in and to the Remix Solution, Licensed Materials, Documentation and Resultant Data not expressly granted to Customer in this Agreement are reserved by Remix and its suppliers. 3.4 License to Licensed Material. Subject to the terms and conditions of this Agreement, Remix grants Customer a non- exclusive, non-transferable (except as permitted under Section 13.6), non-sublicensable, royalty-free and fully-paid license to use Licensed Material solely for Customer’s internal business purposes and, where Customer is a governmental body, to publicly display the Licensed Material as reasonably necessary to exercise its official authority or fulfill its legal obligations, including, without limitation, to solicit public comment on information contained in Licensed Material. 3.5 License to Customer Data; Resultant Data. Customer grants Remix a non-exclusive, worldwide, non-transferable (except as permitted under Section 13.6), non-sublicensable (except to permitted subcontractors under Section 13.10), royalty-free and fully paid license to (a) use the Customer trademarks, service marks, and logos as required to provide the Services; (b) to use, host, store, create derivative works from, communicate, distribute and publicly display the Customer Content as required to perform the Services and improve the Remix Solution; and (c) analyze the Customer Content, combine Customer Content with other data and create Resultant Data, including, without limitation, utilizing machine learning applications and other analytical methods. Customer acknowledges that the value of the Remix Solution to Customer and Remix’s ability to provide it in accordance with this Agreement are contingent on Remix’s ability to operate and improve the Remix Solution based on what it learns from the Resultant Data generated in the course of delivering the Remix Solution to all Remix customers. 3.6 Open Source. Certain items of software may be provided to Customer with the Remix Solution and certain Licensed Materials are subject to “open source” or “free software” licenses (“Open Source Material”). Some of the Open Source Material is owned by third parties. Open Source Materials are not subject to the terms and conditions of Sections 3.1 or 10. Instead, each item of Open Source Materials is licensed under the terms of the end-user license that accompanies such Open Source Materials. Nothing in this Agreement limits Customer’s rights under, or grants Customer rights that supersede, the terms and conditions of any applicable end user license for the Open Source Materials. If required by any license for particular Open Source Materials, Remix makes such Open Source Materials, and Remix’s modifications to that Open Source Materials, available by written request at the notice address specified below. 3.7 Third Party Products. Certain features and functionality of the Services may rely on third party data, software, or applications (“Third Party Products”). Such Third-Party Products may be subject to their own terms and conditions, which will be identified to the Customer in writing before they are incorporated into the Services. If Customer does not agree to abide by the applicable terms for any such Third-Party Products, then Customer should not install or use such Third-Party Products or utilize any features or functionality of the Services that incorporate them. 3.8 Feedback. Customer hereby grants to Remix a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer, including Authorized Users, relating to the Services. Remix will not identify Customer as the source of any such feedback. 4. FEES AND EXPENSES; PAYMENTS 4.1 Fees. In consideration for the access rights granted to Customer and the Services performed by Remix under this Agreement, Customer will pay to Remix the Fees. Except as otherwise provided in the Order Form, all Fees are billed at the end of the month due and payable within thirty (30) days of the date of the invoice. Customer will reimburse Remix for documented expenses that are expressly provided for in an Order Form or SOW (defined below) or that have been approved in advance in writing by Customer. Remix reserves the right (in addition to any other rights or remedies Remix may have) to discontinue the Remix Solution and suspend all Authorized Users’ and Customer’s access to the Services if any Fees are more than thirty (30) days overdue until such amounts are paid in full. If Customer believes that Company has billed Customer incorrectly, Customer must contact Remix no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. Attachment number 1 \nPage 13 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 4.2 Fund availability. This Agreement is contingent upon the availability of funds in the annual budget of the Customer. 4.3 Taxes. The Fees are exclusive of all applicable sales, use, value-added and other taxes, and all applicable duties, tariffs, assessments, export and import fees, or other similar charges, and Customer will be responsible for payment of all such taxes (other than taxes based on Remix’s income), fees, duties, and charges and any related penalties and interest, arising from the payment of the fees, the provision of the Services, or the license of the Remix Solution to Customer. Customer will make all payments of Fees to Remix free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of Fees to Remix will be Customer’s sole responsibility, and Customer will provide Remix with official receipts issued by the appropriate taxing authority, or such other evidence as the Remix may reasonably request, to establish that such taxes have been paid. 5. CUSTOMER CONTENT AND RESPONSIBILITIES 5.1 Licenses; Customer Content. Customer will obtain all third party licenses, consents and permissions needed for Remix to use the Customer Content to provide the Services and exercise its rights under this Agreement. Customer is solely responsible for the accuracy, quality, integrity, legality, and reliability of all Customer Content. 5.2 Customer Warranty. Customer represents and warrants that the Customer Content and its use by Remix in accordance with this Agreement will not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes intended to damage Remix’s system or data; and (e) otherwise violate the rights of a third party or applicable law. 5.3 Back-ups; Security. Customer will have the ability to export Customer Content out of the Remix Solution for the Term of the relevant Order Form and thereafter in accordance with Section 11.4. Customer acknowledges that the Remix Solution is not intended to serve as its data retention repository and that Customer is solely responsible for creating its own backup copies of any Customer Content at Customer’s sole cost and expense. Customer and its Authorized Users will have access to the Customer Content and will be responsible for all changes to and/or deletions of Customer Content by Customer and the security of all usernames, passwords, API keys and other credentials required to access the Remix Solution. Customer will be responsible for any and all actions taken using Customer’s accounts and passwords. If any Authorized User who has access to the Remix Solution is no longer an employee of or engaged by Customer, then Customer will immediately delete such access and otherwise terminate such Authorized User’s access to the Remix Solution. 5.4 Mobility Provider Cooperation. Customer acknowledges that the performance of the Services (and value of the Services to Customer) may depend on Remix’s receipt of data or other information or cooperation from one or more Mobility Providers. Therefore, Customer shall be responsible for taking all actions reasonably required to ensure such Mobility Providers provide such data, information or cooperation to Remix as is reasonably required for Remix to perform the Services, including, without limitation, requiring Mobility Providers to make available to Remix any and all data and information to which Customer is entitled in accordance with Remix’s then applicable data specifications, and without requiring Remix to pay any additional consideration to, or sign any agreement with, the Mobility Provider that would interfere with the provision of services or grant of licenses under this agreement. Customer acknowledges and agrees that (a) Remix shall have no liability for a Mobility Provider’s failure to provide such data, information or cooperation or other action or omission and (b) a Mobility Provider shall in no event be construed as a Remix supplier, contractor or agent even if Remix enters into a license or other agreement with such Mobility Provider to obtain data or information in furtherance of the Services. 6. PROFESSIONAL SERVICES. 6.1 Where the parties have agreed to Remix’s provision of Professional Services, the details of such Professional Services will be set out in an Order Form or a statement of work signed by both parties (“SOW”). The Order Form or SOW, as applicable, will include: (a) a description of the Professional Services; (b) the schedule for the performance of the Professional Services; and (c) the Fees applicable for the performance of the Professional Services. Each Order Form or SOW, as applicable, will incorporate the terms and conditions of this Agreement. To the extent that a conflict arises between the terms and conditions of an Order Form or SOW and the terms of this Agreement, the terms and conditions of this Agreement will govern, except to the extent that the Order Form or SOW, as applicable, expressly states that it supersedes specific language in the Agreement. Customer may use anything delivered as part of the Professional Services in support of authorized use of the Services and subject to the terms regarding Customer’s rights to use the Service set forth in this Agreement and the applicable SOW, but Remix will retain all right, title and interest in and to any Attachment number 1 \nPage 14 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 such work product, code or deliverables and any derivative, enhancement or modification thereof created by Remix as part of the Professional Services. 6.2 Freedom of Information Requests. Remix will cooperate with Customer’s requests to provide information that Customer requires to comply with its legal obligations under applicable freedom of information laws, provided that to the extent such cooperation exceeds the scope of Services specified in an Order Form, Remix will provide such cooperation as Professional Services pursuant to an SOW. Remix must mark any & all documents it deems to be confidential , a trade secret, or other protected intellectual property and submit an affidavit attesting to the same . 7. WARRANTIES AND DISCLAIMERS 7.1 Limited Warranty. Remix represents and warrants that it will provide the Services and perform its other obligations under this Agreement in a professional and workmanlike manner and in substantial conformity with the Documentation. Remix’s sole liability (and Customer’s sole and exclusive remedy) for any breach of this warranty will be, at no charge to Customer, for Remix to use commercially reasonable efforts to correct the reported non-conformity, or if Remix determines such remedy to be impracticable, either party may terminate the portion of the Services affected by the breach of warranty and Customer will receive as its sole remedy a refund of any Fees Customer has pre-paid for use of such Services for the terminated portion of the applicable Term. The limited warranty set forth in this Section 7.1 will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer first noticed the non-conformity, (ii) if the error was caused by use not in accordance with the Documentation, unauthorized modifications or third-party hardware, software or services, or (iii) to use provided on a no-charge, trial or evaluation basis. 7.2 Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 7.1 IS MADE FOR THE BENEFIT OF CUSTOMER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, LICENSED MATERIAL AND DOCUMENTATION ARE PROVIDED “AS IS,” AND NEITHER REMIX NOR ITS SUPPLIERS MAKES (AND SUCH PARTIES HEREBY DISCLAIM) ANY OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, SYSTEM INTEGRATION, DATA ACCURACY, MERCHANTABILITY, TITLE, NO INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. REMIX DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE REMIX SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE. REMIX SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS, OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF REMIX OR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY OR RELIABILITY OF MOBILITY PROVIDER DATA. 8. LIMITATION OF LIABILITY 8.1 Types of Damages. EXCEPT WITH RESPECT TO A PARTY’S LIABILITY UNDER SECTION 10, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. 8.2 Amount of Damages. THE MAXIMUM LIABILITY OF EITHER PARTY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO REMIX DURING THE TWELVE (12) MONTHS PRECEDING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL REMIX’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. NOTHING IN THIS AGREEMENT WILL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A PARTY OR ITS EMPLOYEES OR AGENTS OR FOR DEATH OR PERSONAL INJURY. 8.3 Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section 8 will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties. Attachment number 1 \nPage 15 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 8.4 Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. 9. CONFIDENTIALITY 9.1 Confidential Information. “Confidential Information” means any code, inventions, analysis methods and products, know-how, business, technical and financial information, and any other nonpublic information of a party (the “Disclosing Party”), whether disclosed orally or in written or digital media, that it discloses to the other party (the “Receiving Party”) and identifies as “confidential” or with a similar legend at the time of such disclosure or that the Receiving Party knows or should have known is the confidential or proprietary information of the Disclosing Party. The Services, Documentation and all enhancements and improvements thereto will be considered Confidential Information of Remix. 9.2 Protection of Confidential Information. Except as expressly authorized herein, the Receiving Party will (a) hold in confidence and not disclose any Confidential Information to third parties and (b) not use Confidential Information for any purpose other than fulfilling its obligations, and exercising its rights, under this Agreement. The Receiving Party will limit access to the Confidential Information to Authorized Users (with respect to Customer) or to personnel and contractors who have a need to know such information for the purpose of the performance of the Receiving Party’s obligations or exercising its rights under this Agreement, who have confidentiality obligations no less restrictive than those set forth herein, and who have been informed of the confidential nature of such information. In addition, the Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, but in no event with less than reasonable care. At the Disclosing Party’s request or upon termination or expiration of this Agreement, the Receiving Party will return to the Disclosing Party or destroy (or permanently erase in the case of electronic files) all copies of the Confidential Information that the Receiving Party does not have a continuing right to use under this Agreement, and the Receiving Party will, upon request, certify to the Disclosing Party its compliance with this sentence. 9.3 Exceptions. The confidentiality obligations set forth in Section 9.2 will not apply to any information that (a) is at the time of disclosure or becomes generally available to the public through no fault of the Receiving Party; (b) is lawfully provided to the Receiving Party by a third party free of any confidentiality duties or obligations; (c) was already known to the Receiving Party at the time of disclosure free of any confidentiality duties or obligations; or (d) the Receiving Party can demonstrate, by clear and convincing evidence, was independently developed by employees and contractors of the Receiving Party who had no access to the Confidential Information. In addition, the Receiving Party may disclose Confidential Information (i) to the extent that such disclosure is necessary for the Receiving Party to enforce its rights under this Agreement or is required by law (including, without limitation, freedom of information laws) or by the order of a court or similar judicial or administrative body, provided that (to the extent legally permissible) the Receiving Party promptly notifies the Disclosing Party in writing of such required disclosure to the extent permitted by law, cooperates with the Disclosing Party if the Disclosing Party seeks an appropriate protective order, discloses no more information that is legally required, and in the case of disclosure required by freedom of information laws, Customer agrees to afford all confidentiality protections available under applicable law to such Confidential Information of Remix prior to disclosing it pursuant to such laws, including, without limitation, by providing Remix notice of freedom of information requests for such Confidential Information, the opportunity to object to Customer’s disclosure thereof, and notice of Customer’s disclosure determinations; and (ii) to its attorneys, accountants, professional advisors, and actual or potential lenders, investors or acquirers so long as such parties are bound by confidentiality obligations no less restrictive than those set forth herein. 10. INDEMNIFICATION 10.1 By Remix. Remix will defend at its expense any claim brought against Customer insofar as such claim is based on a claim by any third party alleging that the Remix Solution infringes such third party’s patent, copyright or trademark rights under applicable laws of any jurisdiction within the United States of America, and will indemnify and hold harmless Customer from and against any damages, expenses and costs finally awarded against Customer or agreed in settlement by Remix (including reasonable attorneys’ fees and costs) resulting from such claim. If any portion of the Remix Solution becomes, or in Remix’s opinion is likely to become, the subject of a claim of infringement, Remix may, at Remix’s option: (a) procure for Customer the right to continue using the Remix Solution; (b) replace the Remix Solution with non-infringing software or services which do not materially impair the functionality of the Remix Solution; (c) modify the Remix Solution so that it becomes non-infringing; or (d) terminate this Agreement and refund any unused prepaid Fees for the remainder of the term then in effect, and upon such termination, Customer will immediately cease all use of the Remix Solution and Documentation. Notwithstanding the foregoing, Remix will have no obligation Attachment number 1 \nPage 16 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 under this Section 10.1 or otherwise with respect to any infringement claim based upon (i) any use of the Remix Solution not in accordance with this Agreement or as specified in the Documentation; (ii) any use of the Remix Solution in combination with other products, equipment, software or data not supplied by Remix; (iii) any modification of the Remix Solution by any person other than Remix or its authorized agents; or (iv) Customer’s settlement or admission with respect to any claim without Remix’s prior written consent (each an “Exclusion”). This Section 10.1 states the sole and exclusive remedy of Customer and the entire liability of Remix, or any of its officers, directors, employees, shareholders, contractors, suppliers or representatives, for infringement claims and actions. 10.2 By Customer. Customer will defend at its expense any claim brought against Remix insofar as such claim is based on a claim by any third party arising from or relating to the Customer Data, the breach or alleged breach by Customer of Section 5.2 (Customer Warranties), and Customer will indemnify and hold harmless Customer from and against any damages, expenses and costs finally awarded against Customer or agreed in settlement by Customer (including reasonable attorneys’ fees and costs) resulting from such claim. 10.3 Procedure. The indemnifying party’s obligations as set forth above are expressly conditioned upon each of the foregoing: (a) the indemnified party will promptly notify the indemnifying party in writing of any threatened or actual claim or suit; (b) the indemnifying party will have sole control of the defense or settlement of any claim or suit; and (c) the indemnified party will cooperate with the indemnifying party to facilitate the settlement or defense of any claim or suit. 11. TERM AND TERMINATION 11.1 Term. This Agreement will begin on the Effective Date and continue in full force and effect as long as any Order Form remains in effect, unless earlier terminated in accordance with the Agreement (the “Term”). Unless otherwise stated in the applicable Order Form, the term of an Order Form will begin on the effective date of the Order Form and continue in full force and effect for the time period specified therein, unless earlier terminated in accordance with the Agreement. Thereafter, the Order Form will automatically renew for additional terms of one (1) year unless either party gives written notice of non-renewal to the other party at least thirty (30) days prior to the expiration of the then-current term. 11.2 Termination. Either party may terminate this Agreement immediately upon notice to the other party if the other party materially breaches this Agreement, and such breach remains uncured more than thirty (30) days after receipt of written notice of such breach. Any failure of Remix that has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Customer may terminate this contract is part or in whole for breach upon written notice to Remix pursuant to this term. Customer may terminate this contract for convenience in part or in whole upon written notice to Remix provided no later than 120 days prior to the requested termination date. Remix shall be paid for any validated services under this Contract up to the time of termination. 11.3 Effect of Termination. Upon termination or expiration of this Agreement for any reason: (a) all licenses granted hereunder will immediately terminate; (b) promptly after the effective date of termination or expiration, each party will comply with the obligations to delete or return all Confidential Information of the other party, as set forth in the Section 9; provided that, for clarity, Remix is not obligated to delete or return Resultant Data; and (c) any amounts owed to Remix under this Agreement will become immediately due and payable. Sections 1, 3.3-3.8, 4, 5.3, 5.4, 7.2, 8, 9, 10, 11.3, 11.4, 12 and 13 will survive expiration or termination of this Agreement for any reason. 11.4 Data Extraction. For sixty (60) days after the end of the Term, as applicable, Remix will make Customer Content and Licensed Materials available to Customer through the Remix Solution on a limited basis solely for purposes of Customer retrieving such Customer Content and Licensed Materials, except to the extent Remix has instructed Customer to delete it. After such period, Remix may destroy all copies of Customer Content and Licensed Materials in its possession. 12. CO-MARKETING. At the request of Remix, Customer agrees to the issuance of a joint press release on a mutually agreed upon date or the 90th day from the Effective Date, whichever is earlier. Each party will have the right to approve the press release in advance, but such approval will not be unreasonably delayed or withheld. Customer also agrees to use of Customer’s name and logo on Remix’s web site and in Remix promotional materials. Customer agrees that Remix may disclose Customer as a customer of Remix. Attachment number 1 \nPage 17 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 13. MISCELLANEOUS 13.1 Contractor's consent to venue in the Superior Court of Richmond County, Georgia. The law of the State of Georgia shall govern this Agreement between the Customer and Remix with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between Customer and Remix arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Remix, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 13.2 Export. Customer agrees not to export, report, or transfer, directly or indirectly, any U.S. technical data acquired from Remix, or any products utilizing such data, in violation of the United States export laws or regulations. 13.3 Government End-Users. Elements of the Services are commercial computer software. If the user or licensee of the Services is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. All Services were developed fully at private expense. All other use is prohibited. 13.4 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 13.5 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 13.6 No Assignment. Except as provided in Section 13.10, neither party will assign, subcontract, delegate, or otherwise transfer this Agreement, or its rights and obligations herein, without obtaining the prior written consent of the other party, and any attempted such assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void; provided, however, that either party may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without any consent of the other party. The terms of this Agreement will be binding upon the parties and their respective successors and permitted assigns. 13.7 Compliance with Law. Customer will always comply with all international and domestic laws, ordinances, regulations, and statutes that are applicable to its purchase and use of the Services, Licensed Material and Documentation. 13.8 Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of Fees owed) or failure to perform such duties or obligations will not be considered a breach of this Agreement if such delay or failure is caused by a labor dispute, shortage of materials, fire, earthquake, flood, pandemic, national, state, or local emergencies, denial of service or other cyber-attack, diminishment of telecommunications or data networks or services, refusal of a license by a government agency or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible. Remix is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted.. 13.9 Independent Contractors. Customer’s relationship to Remix is that of an independent contractor, and neither party is an agent or partner of the other. Customer will not have and will not represent to any third party that it has, any authority to act on behalf of Remix. 13.10 Subcontractors. Remix may use the services of subcontractors and permit them to exercise the rights granted to Remix in order to provide the Services under this Agreement, provided that Remix remains responsible for (a) compliance of any such subcontractor with the terms of this Agreement and (b) for the overall performance of the Services as required under this Agreement. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal Attachment number 1 \nPage 18 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 13.11 Notices. All notices required or permitted under this agreement must be delivered in writing, if to Remix, by emailing team@remix.com and if to Customer by emailing the Customer Point of Contact email address listed on the Cover Page, provided, however, that with respect to any notices relating to breaches of this agreement or termination, a copy of such notice will also be sent in writing to the other party at the address listed on the Cover Page by courier, by certified or registered mail (postage prepaid and return receipt requested), or by a nationally-recognized express mail service. Each party may change its email address and/or address for receipt of notice by giving notice of such change to the other party. 13.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will be taken together and deemed to be one instrument. 13.13 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed by an authorized signatory of Customer and the Remix. 13.14 Permissive Cooperative Agreement. To the extent permitted by applicable law and as additional consideration for this Contract, Contractor agrees to extend an option to purchase any Services covered under this Contract under the same terms and conditions set forth herein, as well as any additional terms and conditions specific to their local requirements upon mutual agreement between the parties, to (i) other contracting agencies of Customer and (ii) any other agency that has entered into, or in the future enters into, a cooperative purchasing agreement or similar arrangement with Customer (collectively, such other agencies are referred to herein as “Contracting Members”). Each Contracting Member shall negotiate its own pricing terms and execute its own contract with Contractor. 13.15 Prohibition against contingent fees. Remix warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement 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 Remix for the purpose of securing business and that Remix has not received any non-Customer fee related to this Agreement without the prior written consent of the Customer. For breach or violation of this warranty, the Customer shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 13.16 Insurance requirements. Remix shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s): Remix shall provide, at all times that this agreement is in effect, Worker’s Compensation insurance in accordance with the laws of the State of Georgia. Remix shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: (a) Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. (b) Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. (c) Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. (d) Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Attachment number 1 \nPage 19 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 Customer will be named as an additional insured with respect to Remix’s liabilities hereunder in insurance coverage’s identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the Customer, and shall be noncancellable except on thirty-(30) days' written notice to the Customer. Such policies shall name the Customer as additional-insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 13.17 Remix acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. 13.18 Right to inspect premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Remix or any subcontractor of Remix or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Customer. 13.19 Local Small Business Provisions. In accordance with Chapter 10B of the Augusta, GA. Code, Contractors agree to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or filing information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies allowable by this contract or by law or equity. . Attachment number 1 \nPage 20 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 EXHIBIT A Service Levels The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred. Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement. Attachment number 1 \nPage 21 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 EXHIBIT B Professional Services In addition to product support, Remix can provide the following services at an additional fee to be mutually agreed upon, in writing, at the time they are requested. Remix Services may include but are not limited to the following examples: Task Example Data Entry ● Timetable updates GTFS ● Building new GTFS Reporting & analysis ● Custom reports on or analysis of agency data or region in Remix ● Remix executed run cuts ● Assistance planning for fixed route. on-demand and flexible services Facilitation & Training ● Remix-led stakeholder facilitation ● Additional on-site training Data Visualization ● GIS analysis Rates for these services are provided below: Role 2022 Rates Project Manager $200 USD per hour Associate $150 USD per hour Attachment number 1 \nPage 22 of 23 Item # 3 Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168 Attachment number 1 \nPage 23 of 23 Item # 3 OFFICIAL VENDORS Attachment "B" E-Verify Number Addendum 1 SAVE Form Original 7 Copies Fee Proposal Complaince Review 5.64 % MDV Transit & Traffic Solutions Inc. 1156 Clement Street San Francisco, CA 94118 Yes Yes Yes Yes Yes Yes Yes No Non- Compliant CShed 300 Ave Des Lacaasse Laval, Quebec, H7K 1J4 Yes Exempt Yes Yes Yes Yes Yes No Non- Compliant Optibus, Inc. 135 Madison Ave. 5th Floor New York, NY 10016 Yes 1767138 Yes Yes Yes Yes Yes No Non- Compliant Remix Technologies LLC 10 Crosby Street 2nd Floor New York, NY 10013 Yes 902963 Yes Yes Yes Yes Yes Yes Trapeze Software Group d.b.a. TripSpark Technologies 5265 Rockwell Drive NE Cedar Rapids, IA 52402 Yes 733369 Yes Yes Yes Yes Yes No Non- Compliant RFP Opening - RFP Item #22-168 Fixed Route Planning, Scheduling and Run-Cutting Software for Augusta, GA – Augusta Transit Department RFP Date: Monday, March 21, 2022 @ 3:00 p.m. via ZOOM Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 408 Georgia Procurement Registry: 713 Total packages submitted: 5 Total Noncompliant: 4 Page 1 of 1 Attachment number 3 \nPage 1 of 1 Item # 3 Attachment number 4 \nPage 1 of 5 Item # 3 Attachment number 4 \nPage 2 of 5 Item # 3 Attachment number 4 \nPage 3 of 5 Item # 3 Attachment number 4 \nPage 4 of 5 Item # 3 Attachment number 4 \nPage 5 of 5 Item # 3 Remix Technologies LLC 10 Crosby Street 2nd Floor New York, NY 10013 Optibus, Inc. 135 Madison Ave. 5th Floor New York, NY 10016 CShed 300 Ave Des Lacaasse Laval, Quebec, H7K 1J4 Trapeze Software Group d.b.a. TripSpark Technologies 5265 Rockwell Drive NE Cedar Rapids, IA 52402 mdv Transit & Traffic Solutions Inc. 1156 Clement Street San Francisco, CA 94118 Remix Technologies LLC 10 Crosby Street 2nd Floor New York, NY 10013 Optibus, Inc. 135 Madison Ave. 5th Floor New York, NY 10016 CShed 300 Ave Des Lacaasse Laval, Quebec, H7K 1J4 Trapeze Software Group d.b.a. TripSpark Technologies 5265 Rockwell Drive NE Cedar Rapids, IA 52402 mdv Transit & Traffic Solutions Inc. 1156 Clement Street San Francisco, CA 94118 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS FAIL FAIL FAIL FAIL PASS FAIL FAIL FAIL FAIL 2. Qualifications & Experience (0-5)15 4.8 71.3 0 0 0 0 3. Organization & Approach (0-5)20 4.8 95.0 0 0 0 0 4.Scope of Services – Software Requirements • Proposed software product satisfies all technical and functional requirements listed in this RFP. • Vendor is requested to have a minimum of five (5) years’ experience providing bus route planning, scheduling and run cutting software applications are encouraged to submit proposals. • The bus route planning, fixed route scheduling and run cutting software application to be supplied must have been in successful operation in at least three (3) other transit agencies of a similar size and service area to that of AT for at least one (1) year in each agency. (0-5)30 4.9 146.3 0 0 0 0 5. Financial Stability (0-5)5 4.5 22.5 0 0 0 0 6. References (0-5)5 4.8 23.8 0 0 0 0 23.6 358.8 0 0 0 0 7. Presentation by Team (0-5)10 0 0 0 0 0 8 Q&A Response to Panel Questions (0-5)5 0 0 0 0 0 Lowest Fees 5 10 5.0 50 0 0 0 0 Second 5 6 0 0 0 0 0 Third 5 4 0 0 0 0 0 Forth 5 2 0 0 0 0 0 Fifth 5 1 0 0 0 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5.0 0 0 0 0 50.0 0 0 0 0 28.6 0 0 0 0 408.8 0 0 0 0 Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Vendors Phase 1 Evaluation Sheet - RFP Item #22-168 Fixed Route Planning, Scheduling and Run-Cutting Software for Augusta, GA – Augusta Transit Department RFP Date: Monday, March 21, 2022 @ 3:00 p.m. via ZOOM RFP Evaluation Date: Wednesday, April 13, 2022 @ 10:00 a.m. via ZOOM Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) Weighted Scores Procurement DepartmentRepresentative:______Nancy Williams____________________________________ Procurement Department Completion Date: April 13, 2022 Phase 2 (Option - Numbers 7-8) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: April 13, 2022 Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category 9. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Cost/Fee Proposal Consideration Attachment number 5 \nPage 1 of 1 Item # 3 AUGUSTA TRANSIT AWARD RECOMMENDATION Geri Sams, Procurement Director Sharon Dottery, Transit Director May 19,2022 SHARON DOTTERY, TRANSIT DIRECTOR d> TO: FROM: DATE: CONTRACTOR: PROJECT: REMIX TECHNOLOGIES, LLC 10 CROSBY STREET, FLOOR 2 NEW YORK, NY 10013 RFP 22-168 Fixed Route Planning, Scheduling and Run-Cutting Software This memorandum represents a recommendation from the evaluation committee to award Remix Technologies, LLC. the RFP 22-L68 for the Fixed Route Planning, Scheduling and Run- Cutting Software. The evaluation committee reviewed, discussed, and scored Remix very favorably based on their proposal. Augusta Transit 2844 Regency Blvd - Augusta, GA 30904 (706) 821-1818 - Fax (706) 821-r'752 www.augustaga.gov Attachment number 6 \nPage 1 of 1 Item # 3 Attachment number 7 \nPage 1 of 5 Item # 3 Attachment number 7 \nPage 2 of 5 Item # 3 Attachment number 7 \nPage 3 of 5 Item # 3 Attachment number 7 \nPage 4 of 5 Item # 3 Attachment number 7 \nPage 5 of 5 Item # 3 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. Augusta, Georgia is not restricted from using alternative procurement methods for Attachment number 8 \nPage 1 of 4 Item # 3 2 obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or Attachment number 8 \nPage 2 of 4 Item # 3 3 provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, Attachment number 8 \nPage 3 of 4 Item # 3 4 additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. Attachment number 8 \nPage 4 of 4 Item # 3 Public Service Committee Meeting 11/8/2022 1:00 PM Fleming Park Design Approval Department:Parks and Recreation Presenter:Maurice McDowell Caption:Motion to approve the design for construction at Fleming Park and Bernie Ward Community Center. Background:The Augusta Parks and Recreation Department has worked with a design firm to develop a design for the upgrades to Fleming Park and the Bernie Ward Community Center. Analysis:The design reflects the need of the community as well as the requirements for recreational programming. Financial Impact:N/A Alternatives:1. To approve the design. 2. To move to no action. Recommendation:1. To approve the design. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 4 FLEMING PARKMASTER PLAN AND COST ESTIMATE APRIL 19, 2022 FLEMING PARK IMPROVEMENTS Augusta, GA PRELIMINARY COST ESTIMATE - CONCEPT DESIGN AND PROGRAM I. BERNIE WARD COMMUNITY CENTER IMPROVEMENTS: QUANTITY UNIT PRICE TOTAL ADA Restroom Improvements SF 500 175.00$ 87,500.00$ Accesibility at Pool Deck EA 1 25,000.00$ 25,000.00$ Exterior Doors, Hardware and Frames EA 12 2,000.00$ 24,000.00$ Interior Doors, Hardware and Frames EA 30 1,500.00$ 45,000.00$ New Roof LS 1 200,000.00$ 200,000.00$ Improved ADA Sidewalks and Landscaping at Building LS 1 75,000.00$ 75,000.00$ Total Current Scope Costs 456,500.00$ II. POOL IMPROVEMENTS: QUANTITY UNIT PRICE TOTAL New 8' Fencing with Privacy Screen LF 350 40.00$ 14,000.00$ New Lighting around Pool EA 6 2,000.00$ 12,000.00$ Replaster Pool with New Striping SF 6000 15.00$ 90,000.00$ Pool Deck Repair (Infill Concrete)SY 140 50.00$ 7,000.00$ Pool Deck Repair and Resurfacing SF 9000 8.00$ 72,000.00$ Total Current Scope Cost 195,000.00$ II. SITE IMPROVEMENTS: QUANTITY UNIT PRICE TOTAL RELOCATE EXISTING TRANSFORMER LS 1 115,000.00$ 115,000.00$ DEMO EXISTING SCORING TOWER LS 1 50,000.00$ 50,000.00$ DEMO SIDEWALKS, FENCING, BACKSTOPS, DUGOUTS LS 1 30,000.00$ 30,000.00$ IMPROVE SITE DRAINAGE & DETENTION/WATER QUALITY SY 9000 25.00$ 225,000.00$ UPGRADE WATER SUPPLY/METER/BACKFLOW LS 1 25,000.00$ 25,000.00$ SITE GRADING CY 9978 15.00$ 149,670.00$ OVERLAY EXISTING PARKING LOT SY 11596 35.00$ 405,860.00$ PASSIVE PARK FINE GRADING, SEED AND IRRIGATION SY 36236 12.00$ 434,832.00$ MELQUAN ROBINSON, JR. MEMORIAL EA 1 75,000.00$ 75,000.00$ RESTROOM PAVILION EA 1 475,000.00$ 475,000.00$ PICNIC PAVILION EA 2 45,000.00$ 90,000.00$ NEW CONCRETE SIDEWALKS SY 1700 70.00$ 119,000.00$ ASPHALT WALKING TRAIL SY 2400 55.00$ 132,000.00$ NEW ENTRANCE WITH DIGITAL SIGN LS 1 125,000.00$ 125,000.00$ LANDSCAPING LS 1 350,000.00$ 350,000.00$ BENCHES EA 13 3,000.00$ 39,000.00$ NEW GATES AND FENCING (PORTION OF PERIMETER)LF 730 35.00$ 25,550.00$ BALL FIELDS FINE GRADING, SEED AND IRRIGATION SY 16754 15.00$ 251,310.00$ OPEN AIR SCORING PLATFORM (~10'Lx10'Wx6'H)EA 2 50,000.00$ 100,000.00$ FIELD FENCING LF 2000 35.00$ 70,000.00$ NEW BACKSTOPS (LIKE DIAMOND LAKES)EA 2 17,500.00$ 35,000.00$ NEW DUGOUTS EA 4 8,500.00$ 34,000.00$ NEW FIELD LIGHTING & POWER DISTRIBUTION LS 1 800,000.00$ 800,000.00$ Total Site Improvements 4,156,222.00$ Sub Total 4,612,722.00$ 15% CONTINGENCY 691,908.30$ TOTAL 5,304,630.30$ Attachment number 1 \nPage 1 of 1 Item # 4 Public Service Committee Meeting 11/8/2022 1:00 PM Greater Augusta Arts Council Department:Greater Augusta Arts Council Presenter:Greater Augusta Arts Council Caption:Greater Augusta Arts Council regarding a review and decision relative to the unpurchased sculptures from the current Augusta Sculpture Trail to purchase for the City of Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 5 Public Service Committee Meeting 11/8/2022 1:00 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on October 25, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 6 Public Service Committee Meeting Commission Chamber - 1012512022 ATTENDANCE: Present: Hons. Frantom, Chairman; Johnson, Vice Chairman; Clarke and Mason, members. Absent: Hon. Hardie Davis, Jr., Mayor. PUBLIC SERVICES 1. Motion to approve the acceptance of the National Fitness Campaign's 2022Healthy City Grant. Item Action: Approved Motions Motion Motion Text Made By seconded By fJr|ilrype Motion to approve and have a visual ^ Dresentation at the next committee Commissioner CommissionerApprove meeting.. Jordan Johnson Alvin Mason Passes Motion Passes 4-0. 2. Motion to approve the 2023 Cooperative Agreement with CSRA Regional Commission for Senior Item Nutrition Services for Augusta, Georgia. Action: Approved Motions []j:t Motion Text Made By seconded By Motion'f ype - ---- -r -------- -J Result Motion to aDDrove.Approve ffi;; i,;;IJ. - - commissioner Jordan commissioner Alvin passes 4:0.'"" Johnson Mason 3. A motion to renew the Sec.53ll Rural Transit grant application between the Georgia Department of Item Transportation (GDOT) and Augusta, Georgia for July 1,2023, to June 30,2024. Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result ^ ..... Motion to approve. t1^_^_-:__:-__^-- r-t-_- ^t r AApprove il;;i;; p;JJ, f_-0. Commissioner John Clarke Commissioner Jordan Johnson Passes 4. Motion to approve an Airport Communications & Customer Service budget amendment in the amount of Item $60,840.00 to hire six Passenger Assistance Liasons (PAls).Approved by the Augusta Aviation Action: Commission on September28,2022. Approved Attachment number 1 \nPage 1 of 4 Item # 6 Motions Motion Type Motion Text Made By Seconded By Approve M:[ffi i""3|XJffi. commissioner John clarke Commissioner Jordan Johnson Motion Result Passes 5. Motion to accept grant award from Georgia Association of Metropolitan Planning Organizations (GAMPO) for the Regional Freight Plan Update. Motions Motion Type Motion Text Made By seconded By fJjii Commissioner Jordan Johnson PassesApprove M:lffi i""33JJffi. commissioner John ctarke 6. Motion to approve instructing the Planning & Development Department to review and recommend updates to sections of the Comprehensive Zoning and Alcohol Ordinances as it pertains to the Adult Entertainment criteria. @equested by Commissioner Ben Hasan) Item Action: Approved Item Action: Approved Motions Motion Motion Textrype Motion Result Motion Result Passes Motion Result Passes Item Action: Approved Item Action: Approved Motion to approve allowing the Planning and ZoningDepartment to look at similar ordinances in cities such as Savannah, Atlanta and ^ Columbia, SC in order to formulate an ordinance Commissioner Commissioner D---Approve and also any ordinances that pertain to adult Jordan Johnson Alvin Mason rasses entertainment and come back with a report at the December 6 Commission meeting. Motion Passes 4-0. 7. Motion to approve an Ordinance amendment to adopt Georgia State minimum Standard Codes for Tiny Houses; amending Ordinance No. 7840. Made By Seconded By Seconded By Motions Motion Type Motion Text Made By ' Motion to approve' .ommissioner John Clarke Commissioner Jordan JohnsonAPProve Motion pr.r"r 4-0. u' 8. Motion to approve the location for the Gateway Sculpture at Sand Bar Ferry Road. Motions Motion Type Motion Text Made By Seconded By Approve M:|ffi |""]XJJT-eo. commissioner John Clarke Commissioner Jordan Johnson 9. Motion to approve the purchase of Microtransit/Dynamic-Responsive Software as a Service (SaaS) scheduling system for Augusta Transit (AT). Attachment number 1 \nPage 2 of 4 Item # 6 Item Action: Approved Motions Motion Type Motion Text Made By Seconded Bv Hiil ' Motion to aPprove' commissioner John Clarke Commissioner Jordan Johnson PassesAPProve Motion pusses 4-0. u 10. Motion to approve the minutes of the Public Services Committee held on October 11,2022. Item Action: Approved Motions Motion Motion Text Made By Seeonded By fJriilType Motion to approve' commissioner John commissioner Jordan passes ;:;:'"" r soovr clarke Johnson 11. Motion to accept a grant from the Georgia Recreation and Park Association for the execution of the ltem "Coaching Boys into Men" program. Action: Approved Motions Motion ^ r rh-- Motion:-^----- Motion Text Made By Seconded By fesultType Motion lo approve' commissioner John commissioner Jordan hApprove f;:", Passes clarke Johnson rasses 12. Discussion of challenges and actions to be taken regarding property maintenance and code enforcement. Item Action: Approved Motions []i:' Motion rext Made By Seconded By fJJjilrype Motion to allow Planning & Development to work with Legal and the Administrator to review all ordinances pertinent to Code Enforcement and nuisance and bring recommendations back to the Commission, to have a workshop with the Commission to discuss the ordinance and any possible changes and to ascertain the Commissioner Approve -Commission's priorities, to work with Human Jordan iiff#:t""}"t Purr", Resources regarding the renaming of the division Johnson to Code Compliance with a community engagement series to be held in2023, and to request financial support in the amount of $50,000 for the year 2023 for the pilot program to assist residential property owners. Motion Passes 4-0. www.augustaga.gov Attachment number 1 \nPage 3 of 4 Item # 6 Attachment number 1 \nPage 4 of 4 Item # 6 Public Service Committee Meeting 11/8/2022 1:00 PM 2022 Healthy City Grant Department:Parks and Recreation Presenter:Maurice McDowell Caption:Visual presentation regarding the acceptance of the National Fitness Campaign's 2022 Healthy City Grant. (Referred from October 25 Public Services Committee) Background:The Augusta Parks and Recreation Department has been awarded a grant towards the purchase of an outdoor fitness court. The Department plans to install the fitness court at Dyess Park, while implementing the SPLOST project for Dyess Park. Analysis:Accepting the grant will provide the means to purchase and install the outdoor fitness court during the scheduled upgrades for Dyess Park. Financial Impact:The total cost of the purchase and installation is $187,350, Augusta's match is $157,350. The remainder is funded through the grant. Alternatives:1. To move to approve. 2. To move to no action. Recommendation:1. To move to approve. Funds are Available in the Following Accounts: Funds will be made available through SPLOST funds for Dyess Park, Org Key 330-06-1110. REVIEWED AND APPROVED BY: Cover Memo Item # 7 Attachment number 1 \nPage 1 of 1 Item # 7 Congratulations! August, GA has been selected as a 2022 NFC Healthy Cities Campaign Grant Recipient! Dear Brandi, On behalf of the National Fitness Campaign Grant Committee, we are pleased to share that Augusta has been selected as an awardee in the 2022 NFC Healthy Cities Campaign! This award notification letter for one (1) 2022 NFC Grant of $30,000 is the first step towards formal confirmation of your participation. The next step is to schedule your official Grant Award Call within the next 10 days, where the qualifications submitted in your Grant Application will be confirmed by the NFC team, and your Grant Program Requirements (GPR) will be aligned for eligibility and participation in this year’s campaign. A copy of your GPR Document is attached to this formal award letter for your review and dates will be aligned based on information provided on the award call. The $30,000 Grant Award will be confirmed pending the submission of a purchase order or other funding confirmation document from Augusta, GA. To support this partnership and align your GPR milestones with your community’s local adoption and funding processes, we have assigned a Partnership Manager – Gloria Cox – as your dedicated partner and champion in support of this partnership. Over the coming months, Gloria will work with your team to support the path outlined in the GPR Document, assisting in the confirmation of required remaining funding, installation, and launch of your program. The 2022 NFC Healthy Cities Campaign is part of a national movement to make world-class fitness free and accessible in public spaces across the country, which is more important today than ever before – thank you for your commitment to supporting this goal. Here is a sneak peak at what’s ahead: ●Fitness Court® Launch – Cut the ribbon on your beautiful new outdoor gym & announce free fitness to the community! ●Classes & Challenges – Get residents moving & keep them engaged with ongoing group classes, individual training, and competitive events. ●Press & Promotions – Shine a spotlight on your community and local partners for joining this exciting and innovative wellness movement! Once again, we are thrilled to invite you to join us as a partner in the 2022 NFC Healthy Cities Campaign, and we look forward to making world-class fitness free in Augusta! Best in Fitness, Mitch Menaged, Founder National Fitness Campaign nationalfitnesscampaign.com |info@nfchq.com | PO Box 2367 San Francisco, CA 94126 Attachment number 2 \nPage 1 of 2 Item # 7 Augusta, GA - National Fitness Campaign 2022 Funding Cycle Grant Program Requirements (G.P.R.) MILESTONE 1: ADOPTION ●Summary: Commit to project adoption and confirm matching funding ●Requirement A: Resolution of Adoption or Letter of Support 9/28/2022 - after commission meeting 9/27/2022 ●Requirement B: Countersigned Grant Program Requirements Document-1 week after Award Call ●Deadline: 9/21/2022 *Purchase Order Will Satisfy Adoption Requirement if Submitted Within 60 Days of Grant Award MILESTONE 2: AUTHORIZATION TO PROCEED - FUNDING CONFIRMED ●Summary:Execute budgeting and fundraising plan (as needed) and confirm total required funding ●Requirement:Funding confirmation document submitted to NFC for remaining program funding (typically P.O)* *Refer to Official Quote and Funding Requirements Summary for details ●Deadline:Oct 19, 2022 MILESTONE 3 : SHIPMENT FOR STORAGE ●Summary:Identify Fitness Court® storage location and schedule Fitness Court® delivery ●Requirement:Accept Fitness Court® delivery and store at a secure location, prepare to be invoiced for program funds ●Deadline:-Nov 11, 2022Oct 20, 2022 MILESTONE 4: INSTALL CONCRETE SLAB ●Summary:Review slab drawings, establish Fitness Court® orientation, schedule concrete installer ●Requirement:Install concrete slab (cure time of 28 days before Fitness Court® installation) ●Deadline: October 2022 pending weather MILESTONE 5: FITNESS COURT®ART APPROVAL ●Summary:Finalize design with NFC design studio ●Requirement:Approve final art print preview for printing & shipment ●Deadline: November 2022 pending weather MILESTONE 6: FITNESS COURT ASSEMBLY & PRESS LAUNCH CEREMONY ●Summary:Select Fitness Court® Assembly Team (NFC Factory Team EIS recommended), confirm install timeline, train ambassadors ●Requirement:Submit installation inspection photos, promote press release, hold Fitness Court® press launch event & ribbon cutting ●Deadline: December 2022 pending weather ___________________________________________ Trent Matthias, Director National Fitness Campaign ___________________________________________ Maurice McDowell, Director - Parks and Recreation Augusta, GA It is noted by the National Fitness Campaign and the municipality, school or organization listed above that this document in no way constitutes a binding agreement, or requirement to proceed with the NFC Program at any time. Formal commitment occurs upon receipt of complete local match funding by the program awardee, with submission of Funding Confirmation Documentation to National Fitness Campaign. nationalfitnesscampaign.com |info@nfchq.com | PO Box 2367 San Francisco, CA 94126 Attachment number 2 \nPage 2 of 2 Item # 7 Public Service Committee Meeting 11/8/2022 1:00 PM J. D. Tregeagle Department: Presenter: Caption:Presentation by Mr. J. R. Tregeagle of the Budgetel Inn & Suites regarding involuntary conversion of hotels from an Innkeeper/Guest business relationship to that of Landlord/Tenant and discriminatory consequences. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 8 AGENDA ITEM REQI.'EST FORM ri.- Commlssion mecdngs: Flrst and third Tuesdays of eacl month -2:00 p.m. Commlttee meedngs: Second and last Tuesdays of eaei month - t:00 p.m. Commiesion/Commlttee: @lease eheck one and insert meedng dete) Commission Public Safcty Conrmiuecv Public Services Coromittee Date of Meeting Date ofMeeting Date of Me*i4g I L-B- "sLDate ofMeeting Date ofMeeting Date ofMceting Administative Scrvices Comminee Engineering Services Committee Finance Committee Contact Information for IndlvidurUPresenter Maklng tte Requestr Name: Address: Telcphone Number: -oa-o=r+-- ue.rd FaxNumbcr: E Mail Address: st]59or^.ttiaglr--co* Capfion/Toplc of Dlecusslon to be placed on tte Agendr: Plerse send thls requeet fom to the followlng eddress: Ms. Lena J. Bonner Clerk of Commisslon Suite 220 Municipal Building 535 Telfair SCeet Augusta, GA 30ml Telephone Number: 7 0G821-1820 Far Number: 70G821-1838 DMrilAddrese: nmorawski@ugustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s Office no later than 9:00 a.m. on the Thursday precedlng the Commtssion and Commlttee meefings of the following week. A flve-mlnute tlme limit witl be allowed for prccentafions. Attachment number 1 \nPage 1 of 4 Item # 8 November 2,2022 To: lrts. Lisa J. Bonner Cterk of Commlsion / Re: Agenda ltem Request On behatf of several hotels in Augusta I am submittfng this request to be ptaced on the November 8s Commission Committee agenda. ln recent months there has been a trend in Augusta to invotuntarity convert the normat lnnkeeoer/Guest business relationship that hotets normatly oPerate under to a Landtord/Tenant retatlonship such as apartment comptexes falt under. This adversety affects hotet owners who need to terminate the stay of a guest who has not paid, is engaging in crimlnat conduct, or viotates hotet poticy. This conversion is done primarlty by Richmond Cunty Sherlffs Deputles ufio are operatlng wlthout written pohcy or guldetines when a hotet guest dectares that he/she is a tenant rather than a hotel guest. Atmost unlformty deputies state that they are fottowlng a city ordinance, wtren ln fact there is rc aollcoble ordlmrce. Hotels are then forced to flte a Dispossessory Action in the lrlagistrate Court or State Court to evict that guest; a process that can take a month or longer. There are approxlmatety 7,W hotet rooms ln Aryusta. For each nlght one of those rooms ls occupled the hotet ls taxed S1.00/night per occupled roolr. Conversety, apartment comptexes are rpt subJected to this tax. The State Transportatlon Tax (S5.00lnlght) and State Sates Tax drop off after a speclfled number of days. The Augusta City Tax never drops off. These are issues we woutd tike to ptace before the Cornmisslon Commlttee with the hope that ttrey witt take wlratever action ls within their powers to flnd an equltabte sotutlon. I reatize that pubtic presentations are timited to 5 minutes and witt taitor our presentation accordingty. t do not know if the Pubtic SeMces Committee is the correct choice and woutd be most appreciatlve lf you woutd place us on the agenda for the approprlate committee(s). Budgetet lnn & Suites (706) 738-6565 or (706) 832'4978 [cettphone] emait : gal 7S@outtook.com Respectfutty, Attachment number 1 \nPage 2 of 4 Item # 8 From: Sent: lo: Subject: Attachments: Security Service Manager <ga175@outlook.com> Thursday, November 3,2022 2:26 AM nmorawski@augusta.gov; budgetel.fortgordon@g mail.com [EXIERNAL] Agenda ltem Request Form cover Ltr to Clerk of commission.pdf; Agenda ltem Request Form.pdf Attached please find a cover letter and agenda request form. 8th, 2022, Comm ittee M eeti ng. We sincerely appreciate your assistance. J.D. Tregeagle, Security Manager Budgetel lnn & Suites 2051Gordon Highway Augusta, GA 30909 (706) 738-6s6s email: ga175@outlook.com The agenda request form is for the November [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CLTCK on tinks, open attachments or respond to requests for information unless you are sure the content is safe.] Attachment number 1 \nPage 3 of 4 Item # 8 Attachment number 1 \nPage 4 of 4 Item # 8