No preview available
HomeMy WebLinkAboutC23-031 MOU-RFTA_regional bikeshare1 FINAL 1/25/2023 MEMORANDUM OF UNDERSTANDING REGARDING ROARING FORK TRANSPORTATION AUTHORITY 2023 - 2028 REGIONAL BIKESHARE SERVICES This Memorandum of Understanding (“MOU”) is entered into between the following entities: The City of Aspen, Colorado The Town of Basalt, Colorado The Town of Carbondale, Colorado The County of Eagle, Colorado The City of Glenwood Springs, Colorado The County of Pitkin, Colorado The Roaring Fork Transportation Authority, (RFTA) The Town of Snowmass Village, Colorado (collectively, the "Parties") in order to set forth the terms and conditions of their cooperative provision, administration, and funding of regional “Bikeshare Services” for calendar years 2023 - 2028. This MOU is effective as of January 1, 2023, regardless of the dates on which it is signed. RECITALS WHEREAS, pursuant to title 43, article 4, part 6, Colorado Revised Statutes, as amended, Colorado counties and municipalities are authorized to establish, by contract, regional transportation authorities, which are authorized to finance, construct, operate and maintain regional transportation systems; and WHEREAS, pursuant to Title 29, Article 1, Part 2, C.R.S., as amended, and article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; and WHEREAS, Section 602 (b) of the RFTA IGA states that “the Authority may enter into contracts with any Member or other person or entity for the provision of transit services in the manner and subject to the terms of such contracts; and 2 WHEREAS, Section 602 (c) of the RFTA IGA states that “the Authority shall provide regional transportation planning services needed to plan and direct Authorized Transportation Projects; and WHEREAS, it was envisioned in RFTA’s Destination 2040 Plan, which served as the basis for RFTA’s regional 2.65 mill property tax measure 7A that was approved by voters on November 8, 2018, that RFTA would develop, implement, and provide expanded regional Bikeshare Services in communities throughout the State Highway 82 corridor; and WHEREAS, the Destination 2040 Plan approved by voters in November 2018 designated $1.271 million in capital funding and $583,000 in annual operating funding (increasing by 3% per year) for the expansion of regional Bikeshare Services in Aspen, Basalt/El Jebel, Carbondale, and Glenwood Springs; and WHEREAS, in the 2019 RFTA Strategic Plan, the RFTA Board of Directors (the RFTA Board) established Accessibility and Mobility Strategic Outcome 2.0 that states, “RFTA will provide accessible, effective, and easy to use mobility options that connect our region for all user types;” and WHEREAS, RFTA Smart Objective 2.4 states, “Provide increased first and last mile options for customers throughout service area;” and WHEREAS, an expanded regional bikeshare system will help RFTA achieve Strategic Outcome 2.0 and Smart Objective 2.4; and WHEREAS, prior to the implementation of expanded regional Bikeshare Services, RFTA determined it was advisable to develop the Roaring Fork Valley Regional Bikeshare Plan, which also includes the Towns of Snowmass Village and New Castle, in order to more fully understand regional bikeshare system requirements in terms of equipment, staffing, financing, phasing, and governance structure; and WHEREAS, the Roaring Fork Valley Regional Bikeshare Plan (incorporated herein and made a part hereof) sets forth a multi-year phased implementation plan for the City of Aspen, Pitkin County, the Town of Basalt, the unincorporated El Jebel area of Eagle County, the Town of Carbondale, and the City of Glenwood Springs, and also includes the Towns of Snowmass Village and New Castle (which were not included in the designated Destination 2040 bikeshare expansion funding); and WHEREAS, the total estimated cost of implementing all phases of the Roaring Fork Valley Regional Bikeshare Plan as set forth on the 2023 - 2028 Regional Bikeshare Planned Scope of Work (“2023 – 2028 Scope of Work”) incorporated herein and attached as Exhibit 1A, exceeds the funding designated in the Destination 2040 plan for regional bikeshare expansion and will require additional resources to implement; and WHEREAS, WE-cycle is a Colorado nonprofit corporation and an established bikeshare provider that since 2013 has been operating bikeshare systems on a seasonal basis in the City of 3 Aspen, the Town of Basalt, the unincorporated area of Eagle County, and the Town of Snowmass Village; and WHEREAS, the Destination 2040 Plan, as well as in the Roaring Fork Valley Regional Bikeshare Plan, envisions that WE-cycle should be the lead planner and provider of not only the existing Bikeshare Services but, also, the expanded regional Bikeshare Services, pursuant to a multi-year 2023 - 2028 Service Operating Agreement (SOA) between WE-cycle and RFTA; and WHEREAS, pursuant to the 2023 - 2028 SOA for Regional Bikeshare Services between WE-cycle and the Roaring Fork Transportation Authority, WE-cycle has been designated as RFTA’s regional Bikeshare Services lead agency, planner and provider and has agreed to operate the regional Bikeshare Services in years 2023 - 2028; and WHEREAS, the Roaring Fork Valley Regional Bikeshare Plan is intended to serve as a flexible roadmap to assist RFTA, WE-cycle, and the participating jurisdictional partners with the phased implementation and operation of regional Bikeshare Services, recognizing that the details associated with implementation and operation may vary from the Roaring Fork Regional Bikeshare Plan from year-to-year for a wide variety of reasons, not the least of which is available revenue; and WHEREAS, RFTA and the participating jurisdictional partners are governmental entities, that must appropriate funding for the implementation and operation of regional Bikeshare Services from year-to-year, and such funding may vary from the amounts and phasing contemplated by the Roaring Fork Valley Regional Bikeshare Plan; and WHEREAS, in the Roaring Fork Valley Regional Bikeshare Plan the preferred governance structure for implementing and providing regional Bikeshare Services should be by means of a Multi-Party Memorandum of Understanding (MOU) between RFTA and the participating jurisdictions; and WHEREAS, each year from 2023 - 2028, the relevant MOU and SOA Exhibits will be updated during the annual budget cycles of RFTA, WE-cycle, and the participating jurisdictions, for the upcoming year; and WHEREAS, prior to each year of this MOU (2023 - 2028), Exhibit 1B and Exhibit 2 of this MOU, will be completed so as to set forth the Regional Bikeshare Services Annual Scope of Work and Regional Bikeshare Cost-Sharing Methodology for the RFTA Regional Bikeshare Services for the upcoming year. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties set forth the following as a Memorandum of Understanding: 1. Incorporation of Recitals. The foregoing Recitals are incorporated as if set forth in full. 4 2. Purpose of this MOU. The purpose of this MOU is to define the terms and conditions by which the Parties will collectively provide, administer and fund Bikeshare Services for calendar years 2023 - 2028. 3. Term of MOU. This MOU shall have an Effective Date of January 1, 2023, and remain in effect through December 31, 2028, subject to annual written renewal and appropriation by the Parties to this MOU. 4. Bikeshare Services. Each year that this MOU remains in effect, the Parties agree that they will cooperate together to provide the Bikeshare Services described in the Regional Bikeshare Services Annual Scope of Work found on Exhibit 1B. The Parties also agree to appropriate their shares of the cost of Bikeshare Services according to the Regional Bikeshare Cost-Sharing Methodology for years 2023 - 2028 that will be set forth each year on Exhibit 2, Pages 1 - 5. In addition, the Parties agree to assist WE-cycle in planning for the operation of Bikeshare Services and siting the locations of stations within their jurisdictions and in obtaining or providing any necessary permits for that purpose that are required in their communities. Additionally, the Parties will assume any costs for station site preparation. See Exhibit 3 for a list of Recommended Cooperative Responsibilities and Expectations of the Parties to this MOU. 5. Definitions. A. Indirect Regional Operation Costs: Prior to the beginning of Bikeshare Services in any year, WE-cycle will submit to RFTA a budget for total Indirect Regional Operation Costs. RFTA, WE-cycle Sponsorship Revenue, and EOTC revenue (if appropriated each year) will be used to defray 100% of Indirect Regional Operation Costs by allocating such revenue to each of the participating communities based on the percentage that each participating community’s bikeshare stations1 represent of total regional bikeshare stations (see Exhibit 2, Pages 1 – 3, Charts 1 - 9). Each year this MOU is in effect (2023 - 2028), the total of annual Indirect Regional Operation Revenue for Bikeshare Services will be set forth on Exhibit 2, Page 5, Chart 15. B. Direct Local Operation Costs: Prior to the beginning of Bikeshare Services in any year, WE-cycle will submit budgets to RFTA and each of the participating Parties for Direct Local Operation Costs. Each year that this MOU is in effect, WE-cycle’s estimated annual Direct Local Operation Cost for each of the jurisdictions that are Parties to this MOU will be found on Exhibit 2, Pages 1 - 3, Charts 3 – 9, Column G, Line a. The total local share of Direct Local Operation Costs for all jurisdictions that are Parties to this MOU is one hundred percent (100%), as reflected on Chart A, below. 1 Unless otherwise agreed upon by the relevant parties, the stations attributed to each jurisdiction will be those that are located within either their city/town limits or their unincorporated county boundaries. 5 C. Planning Costs: These are expenses incurred by WE-cycle for planning system startups and/or major modifications of existing systems. System Planning costs will be assigned to the jurisdictions that receive them, however, as reflected on Chart A, below, RFTA’s share of the Planning Costs is one hundred percent (100%). D. Local Startup Operation Costs: These are operational expenses that are required prior to the initiation of Bikeshare Services in communities that currently do not have them. The expenses are for items such as: rent, utilities, office equipment, marketing/outreach, materials and supplies, consultants, system storage/assembly etc. As reflected on Chart A, below, RFTA’s share of Local Startup Costs is one hundred percent (100%). E. Core Bikeshare Equipment Costs: These are expenditures for new Core Bikeshare Equipment, capital assets, defined as bikes (pedal bikes and e- bikes), stations, (plates, docks, kiosks, solar panels, map panels) that will be used in the jurisdictions of the Parties to this MOU. Each year that this MOU is in effect, the total local Core Bikeshare Equipment Cost for each of the jurisdictions that are Parties to this MOU can be found on Exhibit 2, Pages 1 – 3, Charts 3 – 9, Column G, Line d. As reflected on Chart A, below, Core Bikeshare Equipment Costs will be shared eighty percent (80%) by RFTA and twenty percent (20%) by the jurisdictional Parties for equipment purchased specifically for their jurisdictions. F. Replacement and Maintenance Equipment Costs: These are expenditures needed to replace Core Bikeshare Equipment used in the jurisdictions of the Parties once it has reached the end of its useful life and to maintain the Core Bikeshare Equipment on an ongoing basis. Each year that this MOU is in effect, the total Replacement and Maintenance Equipment Cost for each of the Bikeshare jurisdictions that are Parties to this MOU can be found on Exhibit 2, Pages 1 – 3, Charts 3 – 9, Column G, Line f. As reflected on Chart A, below, Replacement and Maintenance Equipment Costs will be shared eighty percent (80%) by RFTA and twenty percent (20%) by the jurisdictional Parties for replacement equipment and parts purchased specifically for their jurisdictions. G. Bikeshare Support Equipment Costs: These are expenditures for capital assets such as bike balancing vehicles, trailers, and other equipment required to operate and support new or expanded Bikeshare Services in specific communities. As reflected on Chart A, below, RFTA’s share of System Startup Costs is one hundred percent (100%). 6 Chart A 6. RFTA First/Last Mile Mobility Reserve Supplemental Funding. In the event that any of the Parties is unable to commit its share of the funding for Bikeshare Services, such party can apply for supplemental funding from the RFTA First/Last Mile Mobility Reserve, which requires a fifty percent (50%) local match. RFTA, however, reserves the right to approve, deny, or modify such supplemental funding requests on a case-by-case basis, depending on the circumstances. 7. Consolidated and Summary Bikeshare Operations and Capital Financing Plans. Each year this MOU is in effect, the Consolidated and Summary Bikeshare Operations and Capital Financing Plans, which establish RFTA, WE-cycle, EOTC, and Local Sources of Revenue, will be set forth on Exhibit 2, Pages 4 - 5, Charts 10 – 16. 8. Bikeshare Services Funding Commitments. Each year that this MOU is in effect, the Parties agree to commit their respective funding shares as summarized on Exhibit 2, Page 5, Chart 16, which will be updated on an annual basis per the established budgeting process set forth on the list of Recommended Cooperative Responsibilities and Expectations of the Parties to this MOU (Exhibit 3, Pages 1 - 2), and remit such funding to RFTA subject to the terms and conditions established in this MOU. 9. Billing. RFTA will invoice the Parties for their Direct Local Operation Costs commitments by January 31 of each year. The Parties will pay RFTA directly for their respective Direct Local Operation Costs funding commitments set forth on Exhibit 2, Pages 1 – 3, Charts 3 - 9, either in full by February 28 or in semi-annual installments by February 28 and August 31 of each year. Budgets for Core Bikeshare Equipment Costs and Replacement and Maintenance Equipment Costs are estimates and such costs will be billed to each of the Parties when the actual 7 costs from equipment suppliers are known and the equipment has been delivered to WE-cycle and WE-cycle has invoiced RFTA and RFTA has paid WE-cycle in full for such equipment. 10. Annual Reconciliation and True-up. No later than April 15 following each year this MOU is in effect, RFTA will provide the Parties with a reconciliation statement. WE- cycle’s actual total year-end Direct Local Operation Costs for the previous year will be compared with the budgeted costs. Any surplus revenue resulting from this comparison will be remitted by RFTA to the Parties by April 30 following each year this MOU is in effect. 11. Payments to WE-cycle. Pursuant to a separate SOA, each year this MOU is in effect, RFTA will pay WE-cycle the amounts set forth on Exhibit 2, as also reflected in, and subject to, the terms of the SOA. 12. Annual Appropriation. This MOU is expressly contingent upon the Parties budgeting and appropriating the costs required herein. If, in any year of this MOU, any Party fails to appropriate or have available sufficient funds to pay for the costs of its financial commitments, set forth on Exhibit 2, Pages 1 – 3, Charts 3 – 9 of this MOU, Bikeshare Services planned for any non-appropriating Party shall not be provided. All other provisions of this MOU, however, for the appropriating Parties, shall remain in effect. 13. Ownership of Capital Assets. RFTA will grant a license to WE-cycle per the SOA, for use of all equipment purchased pursuant to this MOU. RFTA will retain ownership and WE- cycle will maintain the fixed asset schedule of all Core Bikeshare Equipment and Bikeshare Support Equipment items and an inventory schedule for replacement and maintenance parts purchased pursuant to this MOU. Core Bikeshare Equipment is defined as bikes (pedal bikes and e-bikes), and stations, (plates, docks, kiosks, solar panels, map panels) and Bikeshare Support Equipment is defined as balancing vehicles and trailers, and supporting equipment. If, when this MOU terminates, or at any time during the 2023 - 2028 term of this MOU, any of the Parties elects not to participate in this MOU for the subsequent year, and at any time in the future, RFTA will reimburse such Party for the depreciated value of the capital assets acquired for their jurisdiction, using the double declining balance method of depreciation, based on the accepted useful life of individual assets. RFTA will multiply the depreciated value of individual assets by the 20% local share of such Party to determine the amount of reimbursement that will be made. At RFTA’s discretion, such equipment can be used in other parts of the regional bikeshare system, sold, or otherwise disposed of. 14. Monthly Reports. On or before the 15th day of the month following the month in which Bikeshare Services are operated, WE-cycle will issue monthly reports to the Parties which include operating data and performance measures specific to their jurisdictions. The monthly reports will be submitted substantially in the form found on Exhibit 4. 8 15. Insurance Requirements and Hold Harmless: A. The Parties shall be named as an additional insured on WE-cycle’s general liability and comprehensive automobile liability policies of insurance for the term of this MOU. By January 15 of each year this MOU is in effect, WE-cycle shall furnish the Parties with a certificate of insurance for such coverages, to which they shall be endorsed as an additional insured. Such certificate(s) of insurance shall provide that in the event such insurance coverages are cancelled, terminated, revoked and/or not renewed, that the Parties will be provided with at least ten (10) days prior written notice of such action. B. To the extent allowed by law, the Parties agree to hold each other harmless from any and all third-party claims arising from their own tortious, negligent or unintentional acts or omissions as committed pursuant to their performance of this MOU. The Parties similarly agree to jointly investigate and defend against a third-party claim as asserted against the, or any of them, arising from the implementation of this MOU and the operation of the Bikeshare Services as described herein. C. The Parties understand and agree that each relies on and does not waive or intend to waive by any provision of this MOU the monetary limitation or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to RFTA and its respective officers, agents, or employees. D. WE-cycle will provide insurance coverage for Core Bikeshare Equipment and Bikeshare Support Equipment acquired pursuant to this MOU and will also provide such coverage for equipment owned by WE-cycle. 16. Miscellaneous Provisions. A. Amendment. This MOU may only be amended by a written agreement duly signed by the Parties hereto, with notice to WE-cycle. Amendments to the Regional Bikeshare Services Annual Scope of Work or budget of any individual Party will not require the assent of the other participating Parties, however. B. Successors. This MOU shall be binding upon and shall inure to the benefit of any successors to or assigns of the Parties. C. Severability. Should any part, term, portion or provision of this MOU be finally decided to be in conflict with any law of the United States or of the State of Colorado, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions 9 can be construed in substance to constitute the MOU that the Parties intended to enter into in the first instance. D. Adoption. This MOU shall be effective with regard to each participating Party on January 1 of each year (2023 - 2028), regardless of when such Party executes the MOU or its annual renewals, so long as such Party appropriates funds for the services set forth on the Regional Bikeshare Services Annual Scope of Work (Exhibit 1B) in the amounts set forth on Exhibit 2, Pages 1 – 3, Charts 3 – 9. The failure of one or more of the Parties to execute the MOU or subsequent renewals, or appropriate their requisite funding shares in any year that this MOU is in effect will not prevent the MOU and subsequent renewals from taking effect for the other participating Parties. E. Notices. All notices, demands, statements, and requests required or permitted to be given under this MOU shall be served in writing and shall be deemed to have been properly given or served in any event upon actual receipt, three (3) working days following the depositing of the same in the United States mail, addressed to a Party, first class, postage prepaid, by registered or certified mail, return receipt requested, at the address set forth below or at such other address as may be designated in accordance herewith: ASPEN: City of Aspen c/o City of Aspen Manager 427 Rio Grande Place Aspen, CO 81611 BASALT: Town of Basalt c/o Town of Basalt Manager 101 Midland Avenue Basalt, CO 81621 CARBONDALE: Town of Carbondale c/o Town of Carbondale Manager 511 Colorado Avenue Carbondale, CO 81623 EAGLE COUNTY: County of Eagle c/o Eagle County Manager P.O Box 850 Eagle, CO 81631 GLENWOOD SPRINGS: City of Glenwood Springs c/o City of Glenwood Springs Manager 101 W 8th St. Glenwood Springs, CO 81601 10 PITKIN COUNTY: County of Pitkin c/o Pitkin County Manager 530 East Main St. Aspen, CO 81611 RFTA: The Roaring Fork Transportation Authority c/o Chief Executive Officer 2307 Wulfsohn Road Glenwood Springs, CO 81601 SNOWMASS VILLAGE: Town of Snowmass Village c/o Town of Snowmass Village Manager P.O. Box 5010 Snowmass Village, CO 81615 WE-cycle WE-cycle c/o Executive Director 129 Emma Road, Unit A1 Basalt, CO 81621 F. Conformance with Laws. Each party hereto agrees to abide by and to conform to all applicable laws of the federal government, the state, and anybody corporate and politic having any jurisdiction over the subject matter of this MOU. Nothing in this section contained, however, shall require any Party hereto to comply with any law, the validity or applicability of which shall be contested in good faith and by appropriate legal proceedings. G. Execution of Documents; Counterparts. This MOU may be executed in counterparts, which shall be regarded for all purposes as one original. Each party agrees that it will execute any and all deeds, instruments, documents, and resolutions or ordinances necessary to give effect to the terms of this MOU. H. Waiver. No waiver by either Party of any term or condition of this MOU shall be deemed or construed as any waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether the same or of a different provision of this MOU. Nothing in this MOU shall be construed as a waiver of any defense or limitation available to either party through the Colorado Governmental Immunity Act (Colorado Revised Statutes § 24-10-101, et.seq., as amended). I. Enforcement. Every obligation assumed by, or imposed upon, a Party by this MOU shall be enforceable by the other Parties by appropriate action, suit, or proceeding at law or equity. 11 J.Captions. The captions of the paragraphs of this MOU are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or construction of any section of this MOU. K.TABOR Compliance. Notwithstanding anything to the contrary contained in this MOU, none of the Parties, nor RFTA shall have any obligations under this MOU, nor shall any payments be made in respect of any period after any December 31 of each calendar year during the term of this MOU, without an appropriation therefore by the Parties that is a public entity and governed by and, in compliance with the provisions of the Local Government Budget law (C.R.S. §29-1-101 et seq.), and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). L.Execution. This MOU, including all Exhibits, constitutes the entire integrated and merged MOU among the Parties and incorporates all prior written or oral understandings and may be amended, supplemented or modified only by a written instrument duly executed by the Parties. M.Authorization. Each Party hereto warrants that the execution and performance of this MOU has been duly authorized by members of each entity’s governing body at a duly constituted meeting. N.Non-Waiver. One or more waivers by any Party of any provision, term, condition or covenant herein shall not be construed by any other Party as a waiver of any subsequent breach by any other Party. O.Conflict Resolution. In the event of a conflict between the Parties arising from the implementation or interpretation of this MOU, it is agreed that any Party herein may call a formal meeting of the Parties to attempt to resolve said conflict. Said meeting shall be called by providing ten (10) days written notice calling for enforcement of this paragraph. P.Termination. During the term of this MOU any of the participating Parties may cease to participate by not annually renewing the MOU or annually appropriating funds for the subsequent year. Withdrawal from the MOU during a year it is in effect with regard to a participating Party who seeks to withdraw prior to the end of a year (2023 - 2028) can only occur for breach of contract, and only after first participating in the Conflict Resolution process set forth in paragraph “O,” above. IN WITNESS WHEREOF the Parties have caused this Memorandum of Understanding to be executed effective as of the January 1, 2023. 12 City of Aspen: BY: __________________________________________ Sara Ott, City Manager ATTEST: ___________________ DocuSign Envelope ID: A94F01CB-30C1-4C60-88D7-2EC1394F3F1E City ClerkNicole Henning 16 City of Glenwood Springs: BY: __________________________________________ Jonathan Godes, Mayor ATTEST: ___________________ 17 County of Pitkin: BY: __________________________________________ Francie Jacober, Chair, Board of County Commissioners ATTEST: ___________________ 19 20 EXHIBIT 1A, Page 1 2023-2028 REGIONAL BIKESHARE PLANNED SCOPE OF WORK (As Reflected in the Adopted Roaring Fork Valley Regional Bikeshare Plan) 21 EXHIBIT 1A, Page 2 22 EXHIBIT 1A, Page 3 Destination 2040 Implementation Bikeshare expansion plans were developed with the input of local jurisdictions and were used to identify what expansion could be included in the D2040 implementation and what expansion could be implemented outside of D2040. The following expansion scenario includes a phasing plan that fits the objectives of the D2040 project description and provides some service expansion in the Town of Snowmass Village that will be funded outside of D2040. The “Destination 2040 Implementation + Enhanced Upper Valley Service” plan includes the following expansion: • Aspen Area: » City of Aspen: Phase 3 (projected for 2023) that could include 5 stations and be coordinated with Pitkin County to expand the existing service area to the Buttermilk, Burlingame, and ABC areas. » Pitkin County: Phase 4 (projected for 2024) that could include 5 stations and be coordinated with the City of Aspen to expand the existing service area to the Buttermilk, Burlingame, and ABC areas. • Snowmass Village: » Phase 2 (projected for 2024) that could include a 5-station pilot in Downtown Snowmass Village and require the creation of a local operations center in the Town of Snowmass Village. • Mid-Valley: » Eagle County: Phase 3 (projected for 2023) that could include an additional 4 stations. This phase does not include any additional stations in the Town of Basalt or Pitkin County. • Town of Carbondale: » Opening Service (projected for 2023) that could include 15 stations. With the support of RFTA and the Town of Carbondale, WE-cycle will start planning for this system in 2022 with funding approved as part of the Interim Agreement and continue in early 2023 in anticipation of opening in the spring of 2023. WE-cycle may work with a to-be-formed Carbondale Bikeshare Working Group consisting of an elected official, a jurisdiction staff member, a RFTA staff member, a member of the Bike-Pedestrian Committee, and community members at-large including at least one Spanish-Speaker. • City of Glenwood Springs: » Opening Service (projected for 2024) that could include 16 stations. With the support of RFTA and the Town of Carbondale, WE-cycle will start planning for this system in late 2022 with funding approved as part of the interim agreement and will continue in 2023 in anticipation of opening in the spring of 2024. WE-cycle may work with a to-be-formed Glenwood Springs Bikeshare Working Group consisting of an elected official, a jurisdiction staff member, a RFTA staff member, a member of the Bike-Pedestrian or Transportation Committee, and community members at-large including at least one Spanish-Speaker. Outside of Destination 2040 A regional system would bring first- and last-mile mobility and local circulation benefits to new communities and would enhance utility and ridership of the system in existing communities as users will be able to use bikeshare at either end of their trip. Destination 2040 will expand bikeshare service into the Lower Valley and there is room for service expansion in all communities outside of Destination 2040. 23 EXHIBIT 1A, Page 4 Future service could also be considered in the Town of New Castle, but other first- and last-mile options may be more suitable given the densities, urban form, and availability of resources. A reasonable level of future expansion was identified from the local jurisdiction bikeshare expansion plans to forecast expected system costs. This will need to be funded outside of D2040 and the “Outside of Destination 2040” plan includes the following potential expansion: • Aspen Area: » Additional stations in the City of Aspen or Pitkin County as part of development or inclusion in infrastructure projects. Seven (7) additional stations were included to represent this potential expansion. • Snowmass Village: » Town of Snowmass Village and Pitkin County: Phase 3 (scheduled for 2027) that could include an additional 9 stations including 8 stations in the Town of Snowmass Village and 1 station at the Brush Creek Intercept Lot in Pitkin County. • Mid-Valley: » Town of Basalt: Phase 3 (projected for 2025) that could include an additional 6 stations. » Additional stations in the Town of Basalt, Eagle County, and/or Pitkin County as part of development or inclusion in infrastructure projects. Eleven additional stations were included to represent this potential expansion. • Carbondale: » Phase 2 (projected for 2025) that could include an additional 9 stations. • Glenwood Springs: » Phase 2 (projected for 2026) that could include an additional 12 stations and expand into new service areas on the north and west sides of the Colorado and Roaring Fork Rivers. » Phase 3 (projected for 2028) that could include an additional 10 stations and expand the service area into West Glenwood Springs. • New Castle: » Opening Service (projected for 2027) that could include 16 stations including 15 stations in the Town of New Castle and 1 station in Garfield County. 24 EXHIBIT 1B, Page 1 2023 REGIONAL BIKESHARE SERVICES ANNUAL SCOPE OF WORK In 2023, WE-cycle will operate Bikeshare Services in Existing WE-cycle Bikeshare Communities, with the enhancements as described below, and offer expanded regional Bikeshare Services in Carbondale. In addition to providing safe, reliable, and healthy bike transportation as a first- and last-mile connection to RFTA bus stops and as a car-independent mode for in- and around-town travel, WE-cycle will deliver each jurisdiction the following regional Bikeshare Services in 2023: Aspen System City of Aspen • Continue operations of existing services per agreed-upon levels of service inclusive of 27 stations, 326 docking points, 119 pedal bikes, and 26 e-bikes. • Plan, install, and operate 5 new stations, 76 new docking points, and 25 new e-bikes, intended to expand bikeshare service to the western portions of the City of Aspen inclusive of the down valley side of the Buttermilk BRT and Burlingame. Pitkin County • No existing service in the Aspen System. • Plan for 2024 bikeshare service expansion to the Aspen Airport Business Center area. Mid-Valley System Town of Basalt • Extend service to 9 months. • Continue operations of existing services per agreed-upon levels of service inclusive of 16 stations, 158 docking points, 49 pedal bikes, and 20 e-bikes. Eagle County • Extend service to 9 months. • Continue operations of existing services per agreed-upon levels of service inclusive of 8 stations, 70 docking points, and 28 pedal bikes. • Plan, install, and operate 4 new stations, 56 new docking points, and 32 new e-bikes. Pitkin County • Extend service to 9 months. • Continue operations of existing services per agreed-upon levels of service inclusive of 2 stations, 17 docking points, 7 pedal bikes, and 6 e-bikes. 25 EXHIBIT 1B, Page 2 Town of Snowmass Village •Continue operations of existing services per agreed-upon levels of service inclusive of 2 stations, 30 docking points, and 15 pedal bikes. •Plan for 2024 bikeshare service expansion. Town of Carbondale •Plan, install, and operate 17 stations, 227 docking points, 40 pedal bikes, and 40 e-bikes with the goal of providing the Town of Carbondale with an additional mode of first- and last-mile mobility to enhance the community’s circulation and transportation offerings. City of Glenwood Springs •Collaborate with the City of Glenwood Springs in planning a bikeshare system intended to enhance the community’s first- and-last mile mobility offerings. Launch will follow the completion of essential bike-pedestrian safety infrastructure and is not anticipated until 2025, at the earliest, and will be assessed on an ongoing basis. 26 EXHIBIT 2, Page 1 A B C D E F G H I J 1 Stations Aspen Pitkin Basalt Eagle Carbondale Glenwood Snowmass Total RFTA D2040 Indirect Operation Cost Contribution a Number 32 2 17 12 17 0 2 82 N/A b Percent of Total (Used to Allocate RFTA, WE-cycle, EOTC Indirect Operation Costs to Local Jurisdictions)39%2%21%15% 21% 0%2% 100% 561,059$ 2 Chart of Available RFTA/WE-cycle/EOTC Regional Revenue Sources 2023 a WE-cycle Sponsorship Revenue 191,580$ b Elected Officials Transportation Committee (EOTC)103,000$ c Existing RFTA WE-cycle Funding Commitment 195,700$ d FY 2023 Destination 2040 Operations 637,601$ e Accumulated 2020/2021/2022 Destination 2040 Funding Designated for Operations 1,265,495$ f RFTA FLMM Reserve Funding -$ g Other -$ h Subtotal of Available RFTA, WE-cycle, and EOTC Regional Indirect Operating Revenue Sources $ 2,393,376 i Destination 2040 Capital (Less 2021/2022 Expenditures)1,174,698$ . j Total Available 2023 RFTA/WE-cycle/EOTC Regional Funding Sources 3,568,074$ G Local Ops/Total A B C D E F 30%H I J 3 Aspen Bikeshare System RFTA Indirect Operation Share RFTA Existing WE-cycle Funding Commitment Net RFTA Share Net WE-cycle Indirect Operation Share Net EOTC Indirect Operation Share Direct Local Operation / CBE / R&ME Total Percent of Total Regional Operations Costs Variance to Station % a Operations 218,950$ 76,371$ 295,321$ 74,763$ 40,195$ 175,621$ 585,900$ 40% 1% b Planning -$ -$ -$ -$ -$ -$ -$ d Startup Operations -$ -$ -$ -$ -$ -$ -$ c Core Bikeshare Equipment (CBE)-$ -$ 181,888$ -$ -$ 45,472$ 227,360$ e Bikeshare Support Equipment (BSE)-$ -$ 117,000$ -$ -$ -$ 117,000$ f Replacement and Maintenance Equipment (R&ME)-$ -$ 35,822$ -$ -$ 8,955$ 44,777$ g Total Aspen 218,950$ 76,371$ 630,030$ 74,763$ 40,195$ $ 230,048*975,037$ 2023 Regional Bikeshare Cost-Sharing Methodology 2023 Local Jurisdiction Bikeshare Budgets *Not exceed without prior written authorization 27 Exhibit 2, Page 2 G Local Ops/Total A B C D E F 32%H I J 4 Pitkin County Bikeshare System RFTA Indirect Operation Share RFTA Existing WE-cycle Funding Commitment Net RFTA Share Net WE-cycle Indirect Operation Share Net EOTC Indirect Operation Share Direct Local Operation / CBE / R&ME Total Percent of Total Regional Operations Costs Variance to Station % a Operations 13,684$ 4,773$ 18,458$ 4,673$ 2,512$ 12,028$ 37,670$ 3% 0% b Planning -$ -$ -$ -$ -$ -$ -$ c Startup Operations -$ -$ -$ -$ -$ -$ -$ d Core Bikeshare Equipment (CBE)-$ -$ -$ -$ -$ -$ -$ e Bikeshare Support Equipment (BSE)-$ -$ -$ -$ -$ -$ -$ f Replacement and Maintenance Equipment (R&ME)-$ -$ 2,436$ -$ -$ 609$ 3,045$ g Total Pitkin County 13,684$ 4,773$ 20,894$ 4,673$ 2,512$ $ 12,637*40,715$ G Local Ops/Total A B C D E F 26%H I J 5 Basalt Bikeshare System RFTA Indirect Operation Share RFTA Existing WE-cycle Funding Commitment Net RFTA Share Net WE-cycle Indirect Operation Share Net EOTC Indirect Operation Share Direct Local Operation / CBE / R&ME Total Percent of Total Regional Operations Costs Variance to Station % a Operations 116,317$ 40,572$ 156,889$ 39,718$ 21,354$ 76,584$ 294,545$ 20% 0% b Planning -$ -$ -$ -$ -$ -$ -$ c Startup Operations -$ -$ -$ -$ -$ -$ -$ d Core Bikeshare Equipment (CBE)-$ -$ -$ -$ -$ -$ -$ e Bikeshare Support Equipment (BSE)-$ -$ -$ -$ -$ -$ -$ f Replacement and Maintenance Equipment (R&ME)-$ -$ 20,904$ -$ -$ 5,226$ 26,130$ g Total Basalt 116,317$ 40,572$ 177,793$ 39,718$ 21,354$ $ 81,810*320,675$ . G Local Ops/Total A B C D E F 22%H I J 6 Eagle County Bikeshare System RFTA Indirect Operation Share RFTA Existing WE-cycle Funding Commitment Net RFTA Share Net WE-cycle Indirect Operation Share Net EOTC Indirect Operation Share Direct Local Operation / CBE / R&ME Total Total Regional Operations Costs Variance to Station % a Operations 82,106$ 28,639$ 110,745$ 28,036$ 15,073$ 43,080$ 196,934$ 14% -1% b Planning -$ -$ -$ -$ -$ -$ -$ c Startup Operations -$ -$ -$ -$ -$ -$ -$ d Core Bikeshare Equipment (CBE)-$ -$ 143,931$ -$ -$ 35,983$ 179,914$ e Bikeshare Support Equipment (BSE)-$ -$ 7,000$ -$ -$ -$ 7,000$ f Replacement and Maintenance Equipment (R&ME)-$ -$ 18,212$ -$ -$ 4,553$ 22,765$ g Total Eagle County 82,106$ 28,639$ 279,888$ 28,036$ 15,073$ $ 83,616*406,613$ *Not exceed without prior written authorization *Not exceed without prior written authorization *Not exceed without prior written authorization 28 Exhibit 2, Page 3 G Local Ops/Total A B C D E F 28%H I J 7 Carbondale Bikeshare System RFTA Indirect Operation Share RFTA Existing WE-cycle Funding Commitment Net RFTA Share Net WE-cycle Indirect Operation Share Net EOTC Indirect Operation Share Direct Local Operation / CBE / R&ME Total Percent of Total Regional Operations Costs Variance to Station % a Operations 116,317$ 40,572$ 156,889$ 39,718$ 21,354$ 83,120$ 301,081$ 21% 0% b Planning -$ -$ 11,000$ -$ -$ -$ 11,000$ c Startup Operations -$ -$ 91,000$ -$ -$ -$ 91,000$ d Core Bikeshare Equipment (CBE)-$ -$ 492,294$ -$ -$ 123,074$ 615,368$ e Bikeshare Support Equipment (BSE)-$ -$ 75,764$ -$ -$ -$ 75,764$ f Replacement and Maintenance Equipment (R&ME)-$ -$ 17,977$ -$ -$ 4,494$ 22,471$ g Total Carbondale 116,317$ 40,572$ 844,924$ 39,718$ 21,354$ $ 210,688*1,116,684$ G Local Ops/Total A B C D E F 0%H I J 8 Glenwood Springs Bikeshare System RFTA Indirect Operation Share RFTA Existing WE-cycle Funding Commitment Net RFTA Share Net WE-cycle Indirect Operation Share Net EOTC Indirect Operation Share Direct Local Operation / CBE / R&ME Total Percent of Total Regional Operations Costs Variance to Station % a Operations -$ -$ -$ -$ -$ -$ -$ 0% 0% b Planning -$ -$ 60,000$ -$ -$ -$ 60,000$ c Startup Operations -$ -$ -$ -$ -$ -$ -$ d Core Bikeshare Equipment (CBE)-$ -$ -$ -$ -$ -$ e Bikeshare Support Equipment (BSE)-$ -$ -$ -$ -$ -$ f Replacement and Maintenance Equipment (R&ME)-$ -$ -$ -$ -$ -$ g Total Glenwood Springs -$ -$ 60,000$ -$ -$ -$ 60,000$ G Local Ops/Total A B C D E F 35%H I J 9 Snowmass Village Bikeshare System RFTA Indirect Operation Share RFTA Existing WE-cycle Funding Commitment Net RFTA Share Net WE-cycle Indirect Operation Share Net EOTC Indirect Operation Share Direct Local Operation / CBE / R&ME Total Percent of Total Regional Operations Costs Variance to Station % a Operations 13,684$ 4,773$ 18,458$ 4,673$ 2,512$ 13,626$ 39,268$ 3% 0% b Planning -$ -$ 30,000$ -$ -$ -$ 30,000$ c Startup Operations -$ -$ -$ -$ -$ -$ -$ d Core Bikeshare Equipment (CBE)-$ -$ -$ -$ -$ -$ -$ e Bikeshare Support Equipment (BSE)-$ -$ -$ -$ -$ -$ -$ f Replacement and Maintenance Equipment (R&ME)-$ -$ 2,870$ -$ -$ 717$ 3,587$ g Total Snowmass Village 13,684$ 4,773$ 51,327$ 4,673$ 2,512$ $ 14,343*72,855$ *Not exceed without prior written authorization *Not exceed without prior written authorization 29 Exhibit 2, Page 4 G Local Ops/Total A B C D E F 28%H I J 10 2023 Total Bikeshare Operatations Funding - All Sources RFTA Indirect Operation Share RFTA Existing WE-cycle Funding Commitment Net RFTA Share Net WE-cycle Indirect Operation Share Net EOTC Indirect Operation Share Direct Local Operation Total Percent of Total Regional Operations Costs Variance to Station % a Total 2023 Bikeshare Operations Funding 561,059$ 195,700$ 756,759$ 191,580$ 103,000$ 404,059$ 1,455,398$ 100% 0% b Total 2023 Bikeshare Planning Funding 101,000$ -$ -$ -$ 101,000$ c Total 2023 Bikeshare Startup Operations -$ 91,000$ 91,000$ d Total Bikeshare Operating Funding - All Sources 561,059$ 195,700$ 948,759$ 191,580$ 103,000$ 404,059$ 1,647,398$ A B C D E 11 2023 RFTA Destination 2040 Sources of Operating Revenue RFTA Beginning 2023 Expended 2023 Remainder a 2023 Destination 2040 Operations Funding N/A 637,601$ (637,601)$ -$ b RFTA Existing WE-cycle Funding Commitment N/A 195,700$ (195,700)$ -$ c 2020/2021 Destination 2040 Unspent Operations Funding N/A 1,265,495$ (115,458)$ 1,150,037$ d Total Destination 2040 Operating Funding N/A 2,098,796$ (948,759)$ 1,150,037$ G Local Cap/Total A B C D E F 17%H 12 2023 Bikeshare Capital Funding - All Sources RFTA Capital RFTA Incr/Decr Net RFTA Share WE-cycle EOTC Local Capital Total a Total 2023 Core Bikeshare Equipment Funding 818,114$ -$ 818,114$ -$ -$ 204,528$ 1,022,642$ b Total 2023 Bikeshare Support Equipment Funding 199,764$ -$ 199,764$ -$ -$ -$ 199,764$ c Total 2023 Bikeshare Replacement and Maintenance Equipment Funding - All Sources 98,220$ -$ 98,220$ -$ -$ 24,555$ 122,775$ d Total 2023 Bikeshare Capital Funding 1,116,098$ -$ 1,116,098$ -$ -$ 229,083$ 1,345,181$ A B C D E 13 2023 RFTA Destination 2040 Sources of Capital Revenue Beginning 2023 Expended 2023 Remainder a 2023 Destination 2040 Capital Funding N/A 1,174,698$ (1,116,098)$ 58,600$ 2023 Consolidated Bikeshare Operations and Capital Financing Plan with RFTA, WE-cycle, EOTC, and Local Sources of Revenue 30 Exhibit 2, Page 5 A B C D E F G H 14 Total 2023 Bikeshare Operations and Capital Funding RFTA RFTA Existing WE-cycle Funding Commitment Net RFTA Share WE-cycle EOTC Local Total a Total 2023 Bikeshare Indirect and Direct Operations Funding 561,059$ 195,700$ 756,759$ 191,580$ 103,000$ 404,059$ 1,455,398$ b Total 2023 Bikeshare Planning Funding 101,000$ -$ 101,000$ -$ -$ -$ 101,000$ c Total 2023 Bikeshare Startup Operations 91,000$ -$ 91,000$ -$ -$ -$ 91,000$ d Total 2023 Core Bikeshare Equipment Funding 818,114$ -$ 818,114$ -$ -$ 204,528$ 1,022,642$ e Total 2023 Bikeshare Suport Equipment Funding 199,764$ -$ 199,764$ -$ -$ -$ 199,764$ f Total 2023 Bikeshare Replacement and Maintenance Equipment Funding 98,220$ -$ 98,220$ -$ -$ 24,555$ 122,775$ g Total 2023 Bikeshare Funding - All Sources 1,869,157$ 195,700$ 2,064,857$ 191,580$ 103,000$ 633,142$ 2,992,579$ h Percentage Shares of Total Regional Bikeshare Operations Costs N/A N/A 52% 13% 7%28% 100% i Percentage Shares of Total Regional Bikeshare Costs N/A N/A 69% 6% 3%21% 100% Check Totals 1,869,157$ 195,700$ 2,064,857$ 191,580$ 103,000$ 633,142$ 2,992,579$ Variance -$ -$ -$ -$ -$ -$ -$ A B 15 2023 Sources of Indirect Operating Revenue 2023 a WE-cycle Sponsorship Revenue 191,580$ b Elected Officials Transportation Committee (EOTC)103,000$ c Existing RFTA WE-cycle Funding Commitment 195,700$ d FY 2023 Destination 2040 Operations 561,059$ d Accumulated 2020/2021/2022 Destination 2040 Fundign Designated for Operations 1,051,339$ A B 16 Entity $ Commitments a Aspen 230,048$ b Pitkin 12,637$ c Basalt 81,810$ d Eagle County 83,616$ e Carbondale 210,688$ f Glenwood Springs -$ g Snowmass Village 14,343$ h EOTC 103,000$ i WE-cycle 191,580$ j RFTA 2,064,857$ k Total Commitments 2,992,579$ 2023 Bikeshare Services Funding Commitments Requested 2023 Summary Bikeshare Operations and Capital Financing Plan 31 Exhibit 3, Page 1 Recommended Cooperative Responsibilities and Expectations of the Parties of this MOU • Jointly create a Regional Bikeshare Advisory Committee (similar to the Technical Advisory Committee on the Regional Bikeshare Plan) with staff representatives from RFTA, WE-cycle, and each participating local jurisdiction. The Committee would discuss planning level issues and challenges and make recommendations to the RFTA and WE-cycle Boards for any changes to the program. • Designate a bikeshare point of contact who is responsible for advocating for bikeshare and facilitating bikeshare processes and permitting and coordination within the local jurisdiction. • Coordinate all bikeshare station siting and permitting through the local jurisdiction’s approvals’ process. • Make best efforts to site stations in the public right-of-way in safe, visible, and year-round locations. • Strive to find shop/office space for WE-cycle in local jurisdiction-owned buildings and provide rent at a reduced rate or at no charge. • Continue to lead planning efforts for bicycle infrastructure and safe route improvements to stations in the public right-of-way. • Include WE-cycle as a regional transportation referral agency for regionally significant development and capital projects. WE-cycle and RFTA will coordinate responses and recommend where mitigation and impact fees related to bikeshare may be appropriate. However, it is recognized that RFTA (and WE-cycle) hold an advisory role on the development and capital project review process led by jurisdictions. • A written request and statement of interest from jurisdictions must be submitted to RFTA in advance of WE-cycle initiating service expansion planning in any such jurisdiction. • It is recommended that jurisdictions consider establishing a Bikeshare Working Group/Committee that includes an elected official, a jurisdiction staff member, a RFTA staff member, a member of the Bike-Ped Committee (or other related volunteer committee), and community members at-large including at least one Spanish-speaker. WE-cycle will lead and facilitate this group in supporting the planning, implementation, refinement of bikeshare in the particular jurisdiction. 32 • Annual Planning and Budgeting. Each year that this MOU is in effect, the Parties agree to work with WE-cycle and RFTA in a timely manner in order to jointly establish the Regional Bikeshare Services Annual Scope of Work, Exhibit 1B, and associated Regional Bikeshare Cost- Sharing Methodology, Exhibit 2, for the forthcoming year, as follows: Planning: • In the first quarter of each calendar year, WE-cycle will meet with each participating Party and discuss particulars for the current calendar year’s Bikeshare Services and the following year’s Bikeshare Services inclusive of, but not limited to, operational enhancements, station locations and sizes, capital and replacement and maintenance needs, and any anticipated budgetary adjustments. Upon the completion of this item, the following steps will take place: • WE-cycle, in coordination with RFTA, will provide each Party its projected costs for the following year • Upon reviewing and discussing anticipated budget, the Party will provide a written indication to WE-cycle and RFTA of its desired level of Bikeshare Services for which it intends to budget • RFTA will present the anticipated Regional Bikeshare Services Annual Scope of Work, Exhibit 1B, for the forthcoming year and associated Regional Bikeshare Cost-Sharing Methodology, Exhibit 2, to the RFTA Board of Directors for direction subject to subsequent approval of the RFTA budget • WE-cycle will place necessary equipment orders and RFTA will pay for the associated deposit of 50%, per the terms established in the SOA Approval: • By the end of October of each calendar year, each participating Party will inform RFTA of its intentions to seek approval for their funding commitments in accordance with their local budgeting process • By or before December 15 of each calendar year, RFTA and WE-cycle will finalize Exhibit 1B and Exhibit 2 and provide them to the Parties in conjunction with the annual MOU written renewal. Signed renewals must be returned to RFTA on or before December 31 33 Exhibit 4, Page 1 Monthly Reports WE-cycle will deliver monthly Level of Service Reports to the RFTA CEO, CFAO, and COO and the representative of each participating local jurisdiction, on the 15th of every month for the preceding month’s service. Regional Bikeshare Monthly Metrics Report 34 Exhibit 4, Page 2 STATION USAGE Charts with each station’s number of checkouts and returns, broken down by service area - Aspen, Mid-Valley, Snowmass Village. Example below: Station Notes: 35 Exhibit 4, Page 3 RIDERSHIP TRENDS AND OBSERVATIONS Charts with monthly ridership by service area and regionally as well as year over year comparisons. Example below: Ridership Notes: 36 Exhibit 4, Page 4 SERVICE EXPECTATIONS All service expectations are detailed below. Any exception to service levels, below or above these expectations, will be noted. S.E.1 - System Offering Description: Each system has a contracted size and scope of service as outlined below: • Aspen - X stations, X pedal bikes, X e-bikes • Basalt - X stations, X bikes, X e-bikes • Snowmass Village - X stations, X bikes Monthly Exceptions: None S.E.2 - Bicycle Availability and Routine Maintenance Description: No less than 90% of bikes will be available for use at any given time. Bike inspections, including routine maintenance and cleaning, will be performed on all bikes at the more frequent of 100 miles of ridership or 15 hours of ride time. Monthly Exceptions: None S.E.3 - Bicycle Repairs Description: Any bike requiring repairs will be removed from service immediately upon discovery. Bikes will be repaired and re-deployed as soon as possible, but no later than 2 weeks from the initial notice of the bike issue. Any bike frame needing to be decommissioned due to severe damage will be noted in the monthly report. Monthly Exceptions: None S.E.4 - Station Maintenance and Repairs Description: Preventative maintenance and detailed cleaning will be performed on a monthly basis for all stations. Following notification of station defects, repairs will be completed in the following manner: 37 Exhibit 4, Page 5 • Defects impacting the usability of the entire station will be addressed as soon as staff are notified, with notice posted to riders as soon as possible if resolution is not immediately possible. • Defective individual docking points will be covered and made inaccessible to riders the same day that notice is received. Repairs will be completed within one week of discovery. Monthly Exceptions: None S.E.5 - Website and Mobile Application Functionality Description: Functionality issues with the website and/or mobile application will be addressed immediately upon notice. If there is an impact to riders, they will be notified through social media and/or email communications. Monthly Exceptions: None S.E.6 - Rider Safety Description: Incident reports will be created for all reported rider incidents and will be available for review, upon request. In the event of an emergency or 911 reported incident, WE-cycle will notify the RFTA CEO within 24 hours by calling 970-319-8560 and e-mailing dblankenship@rfta.com. Monthly Exceptions: None S.E.7 - Sustainability Description: All stations are 100% solar powered. All rebalancing and maintenance will be done with electric vehicles and electric bikes. Monthly Exceptions: None S.E.8 - Equity Description: Provide bilingual (English and Spanish) communication, customer support, materials, and outreach/programming. Monthly Exceptions: None 38 Exhibit 4, Page 6 S.E.9 - Customer Support Description: WE-cycle will provide customer support 7-days a week from 9am-5pm. All customer support inquiries will be responded to as soon as possible, but no later than 24 hours after the request is received.