SUBMITTED BY SWIFTLY, INC.
Technical Proposal
Intelligent
Transportation
System (ITS)
SEPTEMBER 19, 2022
PREPARED FOR
City of Manteca
ATTACHMENT 5
Table of contents
Letter of Transmittal 3
A. Executive Summary 5
B. Project Approach 6
Project Timeline 7
Connected Transit Platform: Open, Modular CAD/AVL Solution 8 Connect with Passengers 8
Connect with Staff 9
Connect with Vehicles 9
Connect with Partners 9
Key Benefits of the Connected Transit Platform 9
Proposed Product Solutions 11
Real-time Passenger Predictions 11
Live Operations 12
Service Adjustments 13
Rider Alerts 15
GPS Playback 16
On-time Performance 17
Run-Times 18
Operator Reports 19
Onboard App 20
AVAS Connector 21
APC Connector 22
Hardware Solution 24
Cradlepoint IBR 1700 Router 24
Samsung Galaxy A7 Lite Tablet and GPS Lockbox Mounting Solution 25 iris Matrix APC Sensors 26
Technical Proposal | City of Manteca | Swiftly, Inc. 2
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Way Sine AVAS Controller and Interior LED Sign (with optional infotainment monitor) 27 Onsite training to the IT and Transit staff 28
Project Management Team 28
Staffing and Resource Plan 28
Our Training Methodology and Plan 29
C. Proposed Team and Organizational Chart of Proposed Team 32 Project Organizational Chart 32
D. Resumes of Key Personnel for this Contract 33
E. Example Projects Which Best Illustrate Proposed Team’s Qualifications for this Contract 39 39 39
Regional Transportation Authority of Central Maryland (RTA), Savage, MD Fairfield and Suisun Transit (FAST), Fairfield, CA
Citibus, Lubbock, TX 40
F. Key Personnel Participation in Example Projects 40
G. Professional Services Agreement Concerns 40
Appendix
ITS Requirements Compliance Matrix
Canned and Custom Reports
FTA Required Forms
Swiftly Red-lined Sample Contract
Technical Proposal | City of Manteca | Swiftly, Inc. 3
ATTACHMENT 5
Letter of Transmittal
City of Manteca
Attn: Juan Portillo, Transit Manager
1001 West Center Street
Manteca, CA 95337
September 19, 2022
RE: City of Manteca Intelligent Transportation System (ITS) RFP Dear Juan Portillo,
On behalf of Swiftly, Inc., I am pleased to submit this Request for Proposal (RFP) to the City of Manteca for an Intelligent Transportation System (ITS). We are excited about the possibility of working with the City of Manteca and are committed to helping the City of Manteca provide best-in-class service to its passengers and to contribute to the community's success.
The following proposal minimizes deployment time, maintenance, and technical lock-in, and offers the City of Manteca immediate value and the flexibility to add components as required. Rather than offering all components of a traditional CAD/AVL system as an integrated package with proprietary hardware, multi-year deployment, and expensive change orders, Swiftly takes advantage of cloud-based software, open APIs, data standards, and off-the-shelf hardware to unbundle those components. Swiftly's open APIs make it simple to integrate with rider-facing apps and internal tools. This enables the City of Manteca to deploy quickly, and update seamlessly over the Internet, allowing the system to evolve over time with changing agency needs and passenger expectations. Headquartered in San Francisco, our software engineers, product developers, and hardware experts are within a short drive to facilitate the deployment and ongoing support of Swiftly’s Connected Transit Platform.
The enclosed proposal details our readiness and ability to fulfill all of the City of Manteca’s requirements, including relevant similar deployments from satisfied customers in California and across the country. We hope you will recognize the strengths of our proposal, products, and company experience as indications of our capacity to carry out this project. Please feel free to contact Hazel Scher, Account Executive, at [email protected] if you have any questions about this proposal or Swiftly’s services. On behalf of the team at Swiftly, thank you for this opportunity to submit our qualifications to work with you and we look forward to your response.
Sincerely,
Jonathan Simkin
CEO, Swiftly, Inc.
[email protected] | 858.414.5241 | www.goswift.ly
Technical Proposal | City of Manteca | Swiftly, Inc. 4
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A. Executive Summary
Swiftly is an established technology company that focuses on helping public transit agencies deliver outstanding customer experiences for their riders. The company was co-founded in 2014 by former NextBus General Manager & Chief Technology Officer, Michael Smith, along with two senior Silicon Valley technology entrepreneurs, Jonathan Simkin and William Dayton. Today, over 110 transit agencies worldwide partner with Swiftly to leverage more accurate real-time arrival predictions and big data analytics to improve the customer experience for over 2 billion annual transit trips. Swiftly is also the creator and sole copyright holder of the core software used within TheTransitClock project, one of the world’s largest open source projects for real-time passenger information.
In July 2022, Swiftly first met with the City of Manteca staff to demonstrate the Swiftly Connected Transit Platform and discuss how it can best meet the City’s ITS needs, including real-time information, dispatching tools, historical data analytics, and hardware integrations for AVA and APCs. In August 2022, Swiftly participated in a pre-bid meeting and provided attendees with a demonstration of the most recent product update from Swiftly: operator/dispatcher messaging.
To help City of Manteca deliver an excellent customer experience in an increasingly changing world, our proposed solution leverages a best-in-class prediction algorithm which now has the ability to support real-world changes to service, such as trip cancellations, additions, detours, and other service changes.
These service changes can easily be made by dispatchers through a user-friendly, cloud-based dashboard.
All real-time predictions and service changes then flow to:
1) Customers, through riders apps (Google Maps or SJCOG’s Vamos App) and SMS/IVR 2) Operators, through Swiftly Onboard App, which displays schedule adherence, skipped stops, and detours in maps
Our proposed solution includes historical data analytics which provides easy, instantaneous access to your system’s on time performance, run times, historical vehicle movements, and operator performance. Swiftly provides unlimited log-ins so City staff, contracted operators, and other agency partners all have access to the same data for a shared source of truth.
We are proposing hardware integrations for AVA and APCs, which can be delivered in a phased approach, depending on the City’s needs. With our partners, automatic voice announcements will be made using Swiftly’s real-time information, which means that stops canceled with Service Adjustments will be appropriately skipped, rather than mistakenly announced to passengers. In addition, Swiftly’s APC Connector is able to collect and record passenger counts for every stop and compile the data for NTD reporting.
We have highlighted detailed information on three projects in Section E. of our response, which demonstrate Swiftly’s qualifications to meet the City of Manteca’s needs for an Intelligent Transport System. While Swiftly has completed over 100 deployments of its platform in some of the world’s largest transit agencies, we focus on three deployments that demonstrate our ability to support Manteca’s daily operations as the core operational system of record.
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We understand that the world is constantly evolving and that in order to deliver an exceptional transit experience, we need to adapt technologies and tools to continuously meet the needs of riders. To do this, Swiftly has created an automated continuous delivery system that allows us to update and deploy individual components of our software as needed. The result is that the platform can continuously leverage the most up to date software and tools our team creates with virtually no downtime for City of Manteca staff and riders. This sets us apart from other ITS solutions in the market, which remain static after deployment, unless lengthy and disruptive upgrades are undertaken. As a SaaS platform, it is our commitment to the City of Manteca that the Swiftly Connected Transit Platform will evolve throughout the duration of our partnership with Manteca Transit. This results in an ITS system that will support agency staff and riders to the same degree (if not more) in the fifth year of our contract as they will in the first year.
B. Project Approach
Swiftly proposes a modern, cloud-hosted Connected Transit Platform (CTP) that requires no proprietary hardware, with the flexibility to pick and choose the pieces of the platform that will best fit the City of Manteca’s needs today and in the future. Additionally, the Swiftly CTP is built entirely on open data, allowing Real-Time Passenger Information to flow to any endpoint via GTFS-realtime (GTFS-rt), and historical data to be accessed within the Swiftly Dashboard or via Application Programming Interface (API).
Due to our unique approach to hardware, this project can be rolled out in phases as mutually agreed upon during the Kick-off meeting between the City of Manteca and Swiftly. If desired, by taking a phased approach, the City of Manteca can be empowered to have the most critical pieces of the platform deployed first. Please see the Project Timeline table on the following page for more details and an estimated timeline.
Our understanding of the core functions of the envisioned ITS for the City of Manteca are as follows:
➔ Automatic vehicle location system to track vehicles in real time ➔ Mobile Data Terminal (MDT) or equivalent that displays current trip information, including detours, as well as messaging functionality and on-time management tools for the operator ➔ GTFS-realtime information in compliance with Caltrans GTFS minimum guidelines to provide passengers with real-time predictions and alerts about fixed-route service ➔ Historical insights reports to reconcile agency activities at various time intervals ➔ Automated Voice Annunciation that will read a GTFS-rt feed to make appropriate stop and route announcements
➔ Automatic Passenger Counting to track boardings and alightings on vehicles in real-time Technical Proposal | City of Manteca | Swiftly, Inc. 6
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Project Timeline
Task Estimated Timeline
Kick-off
● Align on project scope and objectives
NTP + 1 - 2 weeks
Discovery
● Determining metrics for success
● Setting timeline expectations
NTP + 1 - 2 weeks
Data Integration NTP + 5 weeks
Design
● Develop System Design documentation
● Submit for review and approval
NTP + 6 weeks
Router Hardware
● Procurement, kitting, and shipment directly to Manteca NTP + 4 weeks
Tablet Hardware
● Procurement, Configuration and Kitting of Tablets
● Ship configured tablets to Manteca
● Procurement and shipment of GPS Lockbox mounting kits to Manteca NTP + 4 - 6 weeks
AVAS Hardware
● Procurement, kitting, and shipment directly to Manteca NTP + 6 weeks
APC Hardware
● Procurement, kitting, and shipment directly to Manteca NTP + 6 weeks
Documentation
● Checking in about metrics
● Develop design drawings and final specifications for the ITS solution to be approved by City of Manteca
● Ensuring preparedness for dashboard to go live
NTP + 10 weeks
Router + Tablet + APC + AVAS Installation
● Installation of all onboard hardware onto fleet
NTP + 12 weeks
Dashboard Training to IT and Transit staff: Real time Passenger Predictions, Live Operations, GPS Playback, Service Adjustments, On-Time Performance, Run-times, Operator Reports NTP + 14 weeks
APC Connector
● Data integration into onboard APC hardware
● Testing and validation of vehicle announcements
NTP + 16 weeks
AVAS
● Data integration into onboard AVAS hardware
● Testing and validation of vehicle announcements
NTP + 16 weeks
Project Closeout: Graduation
● Reviewing metrics for success
● Enabling City of Manteca for daily use of Swiftly
● Following up on any issues and supporting troubleshooting NTP + 18 weeks
Technical Proposal | City of Manteca | Swiftly, Inc. 7
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Connected Transit Platform: Open, Modular CAD/AVL Solution Swiftly’s CTP is designed to help transit agencies improve their service reliability, passenger information and operational efficiency. Unlike other transit tools, Swiftly’s CTP enables proactive operational management, flexible and simple deployment, and is outcome-oriented. When partnering with Swiftly, agencies typically see on-time performance increase by up to 40% and customer information accuracy improve by up to 50%.
Swiftly takes agencies’ GTFS static schedules along with real-time vehicle location data, and applies sophisticated algorithms to create the industry’s most accurate information about where a vehicle was, is, and where it will be next. This predictive data engine powers the entire CTP enabling agencies to connect with passengers, their own staff, and vehicles through a common data language.
Connect with Passengers
Swiftly’s best-in-class prediction engine leverages multiple data feeds, billions of data points, and sophisticated algorithms to deliver passenger predictions that are up to 50% more accurate than legacy systems. Furthermore, with Service Adjustments and Rider Alerts, agencies can share real-time operational changes like trip cancellations, additions, stop closures, and detours with riders. All real-time information is available in a data rich GTFS-rt feed that flows out to any passenger-facing endpoint: from passenger apps, to voice announcements on the bus, to on street signage.
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Connect with Staff
Swiftly enables agency staff, regardless of department, to have a shared data language that is simple, intuitive, and usable for everyone at the agency. The platform provides predictive real-time operational data and big data insights up to 90% faster to enable smarter decisions that ultimately improve the passenger experience.
Connect with Vehicles
Swiftly’s platform enables Internet of Things (IoT) deployments on vehicles, changing the possibilities of what can be accomplished with onboard hardware. This paradigm shift enables agencies to procure best-in-class internet-enabled hardware rather than being limited by the processing power or bandwidth of a physical VLU connection. The result is more flexibility and seamless over-the-air updates without the need for system downtime or manual upgrades.
Connect with Partners
Swiftly provides open data APIs that enable authenticated third parties to access transit data. This opens a world of possibilities, including infrastructure connections with traffic signals for cloud-enabled Transit Signal Priority or other infrastructure projects that may exist in the future. In many cases, Swiftly customers use our APIs to collate data from separate systems in an analytics tool such as Power BI or Tableau. Swiftly is currently connected with over 50 applications and consultants.
In this RFP response, we have noted how Swiftly works with key partners to deliver an integrated solution that meets the City of Manteca’s needs. Swiftly enables agencies to choose best-of-breed components, leveraging the expertise of partners and industry leaders, while connecting through Swiftly and open data standards.
Key Benefits of the Connected Transit Platform
The Swiftly platform leverages a robust feature set to empower modern and innovative public transit agencies to deliver the best possible experience for their riders. Some benefits of the platform are:
1. Combine multiple vehicle position feeds, in real-time, to produce a higher level of data accuracy.
2. Leverages automatic assignment technology to ensure that data is correctly matched to the right route and trip. Even if a driver does not login to provide an assignment.
3. Prediction algorithm is up to 30% more accurate than industry standard.
4. Leverage data standards when possible so agencies can share their Swiftly data openly.
5. Consume the agency’s schedule feed (GTFS) automatically and up to every hour if changes have occurred.
6. The only true hardware agnostic software platform for transit agencies, reducing costs and deployment time when Swiftly can integrate with existing hardware on the vehicle.
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7. The system uses GPS information, historical travel times, and applies algorithms to determine the most accurate arrival and departure estimates for calculating running times and on-time performance reports. This is different from most CAD/AVL systems, which use geofences to log arrival and departure information. The result is more granular, accurate performance reporting across the network, with no need to configure geofences.
8. The platform boasts a 99.98% uptime, meaning that agency stakeholders and passengers will not experience system outages.
9. Commercial off-the-shelf cloud-based platform that is already developed, deployed, and functioning ‘in the real world.’ This ensures rapid implementation timelines can be realistically met, and that the desired functionality is already available.
10. Accessible through any modern web browser and is entirely cloud-based.
11. Supports zero-downtime, over-the-air updates and upgrades included in the license for no additional cost.
System Diagram
The system diagram below demonstrates how data flows between various applications and hardware units. Swiftly’s cloud-based platform processes schedule data (GTFS) along with AVL data from two sources: the wireless router and the Onboard App (MDT alternative) running on a commodity, ruggedized tablet, both of which produce GPS. This leads to high fidelity vehicle tracking (every few seconds) as well as redundancy in case one data feed goes down. The Swiftly platform then enables agency staff to access real-time and historical data through the Swiftly dashboard or APIs. In addition, rider apps can access real-time estimated time of arrival through Swiftly’s GTFS-rt data feed or through Swiftly’s JSON/XML APIs.
One of the primary differences between Swiftly and traditional ITS solutions is our approach to onboard hardware. With Swiftly, there is no longer a need for an onboard computer or Vehicle Logic Unit (VLU).
Onboard hardware, such as voice annunciators (AVAs) and automatic passenger counters (APCs) can operate simply by accessing the internet through a cellular router. These devices are also conditioned to function in the event of partial or full cellular data loss, meaning they can work offline. By reusing existing equipment, connecting over the internet, and deploying modularly, this architecture significantly simplifies the deployment process and reduces the deployment timeline. It results in a more resilient and future-proof system by supporting seamless, over-the-air updates – if one device requires repair, others will not be impacted as they operate standalone.
Technical Proposal | City of Manteca | Swiftly, Inc. 10 ATTACHMENT 5
Proposed Product Solutions
Real-time Passenger Predictions
Real-time Passenger Predictions is a data feed that sends the industry’s most accurate arrival predictions and real-time crowding information to passenger endpoints. This information is produced in the industry-standard GTFS-rt format, in addition to JSON and XML APIs, to ensure the data can be shared with riders via mobile applications, dynamic bus shelter signs, SMS & Voice (IVR), and other custom integrations.
With Real-time Passenger Predictions, agencies experience up to 50% more accurate passenger predictions. Swiftly also provides a web-based Passenger Prediction Map that can be embedded in the City of Manteca’s website for vehicle tracking and predictions at upcoming stops.
The Swiftly data engine analyzes billions of historical data points to create a statistical model of how the transit network performs at certain times of day, days of the week, and on specific road segments. The platform then combines this historical data with real-time information observed on the road, such as current vehicle speeds, travel times, and traffic, to create predictions based on the unique operating environment of each city. Predictions factor in operational changes, like canceled trips, added trips, and detours with Swiftly Service Adjustments. The Swiftly data engine is also self-learning, meaning arrival predictions get more accurate over time.
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Key use cases:
● Give passengers access to the most accurate and complete real-time information in the app, signage, SMS, etc., of their choice.
● Ensure passengers never see predictions for vehicles that do not arrive. ● Notify passengers immediately of cancellations and other service adjustments. ● Show how crowded buses and trains are so passengers can avoid unsafe conditions. ● Reduce the number of “where’s my bus?” calls.
● Achieve better public perception of the reliability of the City of Manteca. ● Use an out-of-the-box solution that works well with minimal maintenance.
Live Operations
Live Operations provides a detailed, real-time picture of an agency’s network in an intuitive web application.
Live Operations shows the location, assignment status, and on-time performance or headway adherence of every vehicle and every stop. Live Operations is a visualization of the Swiftly data engine that can be viewed on a map, list, or in a ladder display format. It allows agency staff to highlight and sort vehicles that need immediate attention based on the most common performance issues such as running early, missing, or bunching. With Live Operations, agencies can reduce issue and complaint resolution time by up to 75%.
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Key uses cases:
● Identify and address issues as they occur, putting operations in control of service in real-time. ● Spot deviations from scheduled service and crowding in real time to make adjustments. ● Communicate adjustment information to field supervisors, dispatchers, and customer service through an intuitive browser-based display.
● Identify active trips with no vehicle running the service so operations can reassign vehicles, add recovery buses, and notify riders.
● Actively manage bunching and gapping on high frequency service. ● Give field supervisors better visibility into real-time performance so that they can better give guidance to operators.
● Answer passenger inquiries quickly with accurate information. ● Access the same accurate information passengers see to ensure customer service can answer requests and inquiries quickly.
Service Adjustments
Swiftly’s Service Adjustments module enables operations to take action on service issues, like departure delays or canceled trips, by automatically and instantaneously disseminating changes to passengers, dispatchers, operators, and customer service. Operations can dynamically make adjustments like added trips, cancellations, and detours and push this information to passengers through Real-time Passenger Predictions and Rider Alerts and to agency staff through Live Operations. There are four core adjustments that may be leveraged in many different ways, especially in combination with other Swiftly tools.
Technical Proposal | City of Manteca | Swiftly, Inc. 13 ATTACHMENT 5
These adjustments include:
● Modify departure time - If there is an incident that causes a vessel to depart late, such as a medical emergency, a mechanical issue, or extreme weather, Service Adjustments enable dispatchers to modify the departure time so that passengers and internal staff are aware of the downstream effects.
● Block-level and trip-level cancellations - In the case of fleet or staffing shortages, City of Manteca can cancel an entire block or individual trips in Service Adjustments and ensure passengers and internal staff are aware of the cancellation. Service can also be reinstated through Service Adjustments, or entirely new blocks or trips can be added if additional service is needed to accommodate excess passenger volumes.
● Detours/stop closures - Operations staff can create detours in the Swiftly Dashboard by simply drawing a new route alignment in the Service Adjustments module. Swiftly automatically suggests which portions of the scheduled route are affected, including which stops need to be closed. This information then automatically flows through the GTFS-rt feed to keep passengers updated on changes to service. Additional rider-facing communication can also be provided by creating a Rider Alert.
● Assignment of vehicles to missing service - If a vehicle is not correctly assigned to a block, it will appear as missing/unassigned in Live Operations. Staff can easily assign a vehicle to a missing block.
Technical Proposal | City of Manteca | Swiftly, Inc. 14 ATTACHMENT 5
Rider Alerts
Rider Alerts is a web application that allows agencies to notify passengers of updates and unexpected changes to service. Immediately send alerts about delays, detours, canceled trips, stop closures, or any other announcement, all from the Swiftly platform. Rider Alerts integrates with rider-facing communication channels, including Transit, Google Maps, SMS & Voice, Twitter, and other trip-planning apps. Passengers that use Transit can subscribe to alerts on their favorite lines, so they receive a push notification as soon as agency staff publish new information. The API also allows custom integrations with agency websites or third-party apps. With Rider Alerts, agencies are able to reduce the time needed to create each alert by 10 minutes.
Key use cases:
● Empower passengers with more information about their trip, especially when there are changes. ● Use an easily accessible source of truth across job functions for any customer-facing communication without having to look through emails.
● Enter updates once and have the updates automatically propagate to passengers wherever they get their information.
● Create, edit, and post alerts all within Swiftly rather than through cross-departmental email chains.
Technical Proposal | City of Manteca | Swiftly, Inc. 15 ATTACHMENT 5
GPS Playback
GPS Playback is a web application that replays the historical movements of every vehicle in the transit network on a map. With GPS Playback, agency staff can enter any time frame in the past and see the location of any vehicle during that period, along with other relevant information, including the vehicle’s block and trip IDs, the operator driving the vehicle, speed, schedule adherence, headway adherence, and more.
With GPS Playback, agencies see the time needed to answer customer calls reduced by up to 50% and complaint resolution time reduced by up to 75%.
GPS Playback uses onboard vehicle location data to log the movements of every vehicle in the fleet. Agency staff can then play back this information in a smooth, continuous animation on a map to see where a given vehicle was during a given time frame. Data is also instantly processed, so GPS Playbacks can be run up to one minute in the past, enabling staff to quickly investigate issues as they occur. Agency staff can play a visualization informed by up to 30,000 GPS pings in a single animation.
Key use cases:
● Replay where vehicles went during their runs for any period and date range. ● Solve issues like, "My bus never showed up," and "I lost an item, but I'm not sure which bus" – in minutes.
● View playback of the route operator's drive to provide coaching. ● Confirm if operators drove route alignments or detours as planned. ● Visualize every GPS ping for a playback period to reveal unplanned detours, delays, and diagnose tracker issues.
● Follow the on-time performance of individual vehicles to fine-tune new schedules after they’re updated.
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On-time Performance
On-time Performance breaks down the City of Manteca’s historical schedule adherence in a customizable web application. Monitor the percentage of early, late, and on-time departures, viewable for both the system and individual routes. On-time Performance allows the City of Manteca to specify which routes, stops, and times of day contribute most to on-time performance issues. With On-time Performance, agencies can generate on-time performance reports up to nine times faster and with up to 2000% more data than ride checks or manual observations.
On-time Performance works by comparing actual departure times against scheduled departure times.
When a vehicle departs a stop before the published schedule says it will, the departure is logged as “early.” When a vehicle departs after it’s scheduled, the departure is logged as “late.” All other departures are logged as “on time.” Swiftly considers arrivals at the last stop and gives the option to handle it differently than other stops, including removing it or adjusting the definitions of “on time.” Key Use Cases:
● Instantly see on-time performance metrics and track improvements for any route in the City of Manteca’s network.
● Identify which routes, trips, and stops impact on-time performance most. ● Customize performance metrics based on the City of Manteca’s definition of “on time” for any date range.
● Pinpoint where vehicles are falling behind to determine areas for TSP and other capital projects. ● Perform before and after studies for network or infrastructure changes that are recently implemented.
Technical Proposal | City of Manteca | Swiftly, Inc. 17 ATTACHMENT 5
Run-Times
Run-Times is a planning and scheduling web application that provides observed running time data for every trip down to the stop-to-stop level. It can be used to compare actual vs. scheduled run times across time periods, perform before and after studies, and leverage Swiftly’s suggestions view for schedule optimizations. With Run-Times, agencies have increased on-time performance by up to 20% and reduced the time needed to create new schedules by 80%.
Run-Times compares actual run times relative to the scheduled run times and next trip start times to monitor overall network performance and scheduling accuracy. Based on historical data and sophisticated algorithms, the Swiftly data engine generates optimized run times suggestions to improve on-time performance.
Run-Times allows agencies to quickly determine the “root cause” of performance issues. Run-Times for trips are deconstructed into different components—the fastest observed travel time, variable travel time (i.e., traffic), and dwell time. These components make it easy to isolate why certain trips or stops may take longer or shorter to complete than originally anticipated. Run-Times enable staff to compare run times across different time periods—this is particularly helpful for performing before and after studies.
Key use cases:
● Quickly see which route segments take longer or shorter than the schedule dictates. ● View suggested schedule improvements based on historical GPS records and Swiftly’s algorithms. ● Easily export these to a .csv format for import into standard scheduling software, significantly speeding up the process of rescheduling routes.
● Create easy-to-digest graphs of how proposed infrastructure projects—like bus-only lanes or signal priority—impact Run-Times.
● View actual vehicle speeds, run-times, and dwell time between stops to find quick improvements for the schedule’s efficiency.
● Identify trips that exceed recovery time or have excessive slack to improve overall efficiency. ● See how vehicle run-times are affected by seasonal traffic, peak vs. off-peak congestion, or weekends vs. weekdays.
Technical Proposal | City of Manteca | Swiftly, Inc. 18 ATTACHMENT 5
Operator Reports
Operator Reports is a product that presents on-time performance and layover utilization at the individual operator level. Operator Reports offers agencies a neutral, data-driven perspective into how operators drive their routes and execute their schedules. With Operator Reports, agency staff can quickly see which operators are driving routes per the schedule, who might need coaching, and whether operator-related reliability issues are even operator-related or if they stem from unrealistic schedules. With Operator Reports, agencies can reduce operator discipline interactions by 30% by investigating and validating complaints ahead of time.
Operator Reports pairs on-time performance and layover utilization data with operator IDs. Operator Reports lists all operators and shows each operator’s associated percentage of early, late, and on-time departures. When an agency staff clicks on a given operator, they can dive in further to investigate on-time percentages on particular routes they operate. Operator Reports can show on-time performance data for all stop timepoints or just the first stop of every trip. Additionally, on-time performance can be analyzed down to the trip and stop level to determine exactly where and when issues arise. With Operator Reports, agencies can analyze layover utilization to see how operators leverage their allocation rest periods between trips.
Key use cases:
● Understand the trip-by-trip performance of operators to see precisely where operator performance issues occur along their routes.
● Resolve interdepartmental questions about run-times by parsing operator performance issues from scheduling issues with intuitive visuals of earlies, lates, and layovers. ● Coach operators by providing straightforward graphs on their historical on-time performance.
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Onboard App
Onboard App is an onboard application that brings the Swiftly data engine to vehicle operators. Onboard App displays all the information operators need to deliver reliable service to riders, including real-time scheduling/headway adherence, a map view with current location, and relevant service adjustments, including closed stops, detours, modified departure times, and more. It runs on off-the-shelf Android devices, so agencies don’t need to buy proprietary hardware. With Onboard App, agencies have improved on-time performance by up to 9% and decreased early timepoint departures by up to 55%.
Onboard App can run on any off the shelf commodity tablet—but we suggest using the Samsung Galaxy A7 Lites. It is designed to be installed directly in front of the operator in the vehicle. Given the high temperatures in Manteca, we are proposing a thermoregulated mount that includes a charger and a case.
While we have had excellent results using the Galaxy series tablets with ruggedized mounting solutions as proposed, Swiftly can optionally provide a Samsung Tab Active 3 tablet which is a MIL-spec device if Manteca prefers.
Once operators log in to their daily assignment in Onboard App, it shares relevant service information with the operator and sends vehicle location information every few seconds back to Swiftly. The application displays live on-time and headway status updates with every new vehicle location and at every stop. It shows a countdown view to help the operator depart the stop on time. For frequency-managed routes, Onboard App provides feedback on headway status—bunched, gapped, or OK—along with countdown views to help operators depart stops with the ideal spacing between vehicles.
A map view guides operators along the route path. With the map view in Onboard App, operators can see their location on the route in real-time and their upcoming turns at a glance. Onboard App integrates with Swiftly Service Adjustments. As changes to service are created – like detours, canceled stops, and modified departure times – the information flows to operators impacted by those changes. Service Adjustments are displayed in a map view in Onboard App, reducing the reliance on complicated text-based messaging or radio communications between operations teams and operators.
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Key uses cases:
● Give operators information on when to depart every stop so they can better manage my on-time performance or headway adherence.
● Show operators when dispatch has made a change, like a detour or closed stop, automatically without cumbersome or physically written instructions.
● Ensure operators feel comfortable running a new or unfamiliar route. ● Empower operators with technology when driving the bus that is as user-friendly and helpful as the technology they use when walking or driving.
● Ease onboarding and enablement of new operators.
● Add operator-facing tools and tracking easily to new vehicles to ensure passengers get predictions and internal staff can monitor them along with the rest of the fleet. The deployment can take place in days instead of months.
● Uphold service level agreements (SLA) that require certain on-time performance and headway adherence standards. Onboard App helps reduce SLA breaches by improving these metrics overall.
AVAS Connector
AVAS Connector integrates the Swiftly data engine’s GTFS-rt feed with in-vehicle Automated Voice Announcement & Signage (AVAS) systems. AVAS Connector provides fully automated “current stop” and “next stop” announcements to riders and meets all disability requirements for onboard announcements.
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Key use cases:
● Give passengers reliable information about their trip while they’re onboard a vehicle, including when the stop is approaching.
● Ensure hearing- or seeing-impaired passengers have access to information about when it’s time to disembark.
● Be compliant with the Americans with Disabilities Act by announcing information to passengers about upcoming stops, transfer points, etc.
● Minimize vendor lock-in by purchasing standalone systems instead of working with one vendor to do everything.
● Simplify the operator's role by eliminating the need for them to announce stops.
APC Connector
APC Connector integrates Swifty’s data engine with Iris Automatic Passenger Counters (APCs) for real-time crowding and historical ridership data. This connection happens over the internet instead of onboard the vehicle, making installation, support, and future updates much faster and easier to manage. With APC Connector, agencies experience more than 95% accurate ridership and save hundreds of hours per month by avoiding counting manual tallies.
APC Connector reads real-time passenger count data directly from internet-connected Iris APC devices.
Swiftly receives boarding and alighting events from APCs after each door closes, and this data is shared using the onboard router and cellular network. Swiftly joins these boarding and alighting events with the vehicle, route, block, trip, and stop information to create usable ridership data that is tied to the associated trips and routes.
APC Connector publishes real-time and historical crowding estimates. Real-time information is shared with passengers via third-party applications like Transit and Google Maps. It is also available to agency staff in the details panel for any vehicle in Live Operations. The raw and processed data is also saved for historical analysis and shared with agency staff in downloadable formats, including .CSV and .XLS.
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Key use cases:
● Leverage historical ridership data to inform regular service changes, temporary stop placements, stop amenity upgrades, network redesigns, and infrastructure projects like Transit Signal Priority. ● Optimize planning decisions that distribute resources to benefit the greatest number of riders. ● Communicate with elected officials and the public through community and public hearings to make cases based on ridership counts.
● Easily calculate certain statistics that must be included in the NTD reports. ● Access to crowding in real-time to inform adjustments to service. ● Enable passengers to use crowding information to make the most informed decisions about their trips.
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Hardware Solution
Swiftly strongly believes in leveraging the power of non-proprietary hardware to the greatest extent possible. As such, we propose the following industry-leading components to power our Connected Transit Platform solution, and protect the City of Manteca from hardware vendor lock-in.
Cradlepoint IBR 1700 Router
The IBR1700 is a high quality, robust router that forms the center of the Connected Vehicles platform. This transit-grade router allows Swiftly to power the Connected Transit Platform without the need for a proprietary, closed VLU, adding flexibility such as multiple, simultaneous carrier support, passenger WiFi, and code space to host additional integrations such as Headsign Connector.
The router provides the primary GPS source to power Swiftly’s software products, as well as dedicated internet connectivity for Onboard App, AVAS Connector and APC Connector.
Cradlepoint is able to show a less than 1% hardware failure rate, along with next business day advance replacement lifetime warranty when the device is under a subscription. Swiftly is including 5 years of Cradlepoint Enterprise Cloud Management subscription into our cost proposal.
Cradlepoint has a well-defined support and End of Life Policy described in detail at the following link:
https://customer.cradlepoint.com/s/article/End-of-Life-EOL-Policy-Guidelines As noted above, with a current Enterprise Cloud Management subscription the hardware carries a lifetime warranty. The IBR1700 router MTBF rating is 152,168 hours at 70°C.
By leveraging an industry-standard commodity router, Swiftly provides high quality equipment with a well-planned maintenance and upgrade path, best in breed support, robust over-the-air monitoring and device management—while avoiding vendor lock-in—as newer routers from CradlePoint and other vendors will be supported as equipment ages out.
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Samsung Galaxy A7 Lite Tablet and GPS Lockbox Mounting Solution Since 2010, commodity Android tablets have been used in transit vehicles to provide the best driver experience while insulating transit agencies from vendor lock-in and enabling a robust equipment upgrade path.
Swiftly’s Connected Transit Platform recognizes the benefits of this approach by designing our modern, intuitive, easy to use Onboard App to run on best-in-breed Android hardware. Swiftly is proud to offer Samsung's world-class Android devices as the Connected Transit Platform’s MDT.
We are proposing the best-in-class Galaxy Tab A7 Lite in conjunction with GPS Lockbox’s innovative and durable Atmos temperature controlled powered tablet cradle and rugged case. The Tab A7 Lite is covered by Samsung’s 4 year lifecycle plan. Its Planned Software Maintenance Release end date is Q2 of 2025.
From Q2 of 2023, the updates will start being delivered on a Bi-Annual basis.
The Atmos cradle kit is covered by GPS Lockbox’s 3-year warranty. The expected service life of the GPS Lockbox system exceeds 5 years. GPS Lockbox is proud to have Flex Cradle kits, which the Atmos is a variation of—still in service dating back to 2014—when the system was introduced.
If the City of Manteca is interested in a MIL-spec tablet option, Swiftly can optionally provide pricing for the Tab Active 3. The Tab Active 3 device is certified to IP67 and MIL-810H standards and receives five years of Software Maintenance Release support from date of launch. Its expected Software Maintenance Release end date is Q3 of 2025. Software Maintenance releases are delivered quarterly.
In practice, we see 3+ years of usable life from the lower cost Tab A7 Lite tablet option. With the addition of the Atmos temperature-regulating cradle, the low cost tablet lifespan may be extended. The substantially lower cost of the tablet/cradle/case solution compared to a traditional, locked-in MDT more than offsets any lifespan concerns while allowing a well-defined upgrade path as technology improves, again protecting Manteca Transit from vendor lock-in and outdated equipment. The optional Tab Active 3 upgrade brings a replaceable battery, along with observed in-vehicle usage in the transit industry surpassing five years for the Tab Active line, in extreme temperature conditions.
If the Tab Active 3 option is preferred, the GPS Lockbox Atmos Cradle Kit will still be the proposed mounting solution.
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iris Matrix APC Sensors
Swiftly is proud to offer the best-in-industry 5th generation iris Matrix APC sensors to power the APC Connector tool. The IRMA MATRIX reliably offers maximum accuracy thanks to its proven time-of-flight technology (ToF).
The APC sensors are Ethernet-Connected to the IBR1700 router, leveraging the router GPS location feed, and internet connection, to automatically send updated boarding and alighting information to APC Connector at each door close event. This architecture negates the need for other onboard systems, such as a Vehicle Logic Unit.
The Matrix sensors are IP65 rated, and offer an MTBF of 1.2 million hours. Iris provides a 2-year manufacturer’s warranty. We have included an additional 3-year extended warranty to provide coverage through the duration of the contract.
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Way Sine AVAS Controller and Interior LED Sign (with optional infotainment monitor) Way Sine provides a fully compliant AVAS platform which seamlessly integrates with the Swiftly GTFS Static and GTFS-rt datasets. Swiftly and Way Sine leverage fully customizable GTFS information and Text to SPeech technology to perform Internal and External audible announcements of Next Stop, PSA’s, Major Intersections, and more, as required. Additionally, time-based audio and visual PSA messages are supported.
Way Sine’s AVAS Controller is internet-connected via the proposed CradlePoint router, allowing automatic updates of announcement data from the GTFS static files. A simple GTFS edit allows the Way Sine Text to Speech audio to be updated fleet-wide automatically over the air. WaySine’s AVAS controller is integrated to the onboard REI PA amplifier (installed as part of the system implementation where needed), such that operator voice announcements take priority over the automated voice announcements.
The Way Sine AVAS Console allows simple management of announcement locations and volumes. If needed, MP3 audio files can be assigned to certain locations to provide a customized voice. The Way Sine AVAS equipment comes with a 5-year hardware warranty and expected in-use lifespan of 10 years.
Within the warranty period, we will provide hardware at no charge. Remote diagnosis of issues will be supported for the life of the product. Software updates are subject to major hardware versioning. Software will be maintained and supported for the expected life of the system.
The Way Sine AVAS system allows for both LED and HDMI LCD connections, so a separate infotainment controller will not be required to support the optional infotainment monitors.
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The AVAS system contains integrated infotainment and provides LCD HDMI output and LED ticker display in tandem.
English, French, Spanish, and German language support are offered.
Onsite training to the IT and Transit staff
Project Management Team
The project management team—which includes a dedicated Customer Success Manager (CSM) and an Implementation Manager—will manage the implementation of the Swiftly platform. The team will work with the City of Manteca (the City) to ensure that all of the City’s needs are met and that all aspects of the platform are running as expected. Swiftly takes a module-based approach to implementation—while the Implementation Manager validates GTFS data, the Customer Success Manager helps to train the City staff and collect agency goals.
The primary project manager will be the Implementation Manager during the implementation period. This person will serve as the main point of contact between Swiftly and the City and will be responsible for executing the implementation stages successfully and within the scheduled timeline. Once implementation is successfully completed, the CSM will become the long-term contact for day-to-day support, regular check-ins, strategic planning, mutual goal-setting, and bi-annual Executive Business Reviews (EBRs) from the Swiftly side.
Staffing and Resource Plan
Swiftly has real-world experience working on complex, high-profile implementations for transit systems around the world. We have developed practiced methods for project management and project controls, with effective and consistent communication as the foundation for applying those controls.
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A Customer Success Manager (CSM) is assigned to every project and acts as the Project Manager. The proposed CSM for this project will be Emily Brown. Emily has over six years of experience partnering with customers of various sizes and industries to make the most out of their software platform. All of Swiftly CSM's are experienced in using best practices for formal project management; including scope and schedule management, risk management, and the maintenance of project communications and controls.
The CSM will be supported by the Project Implementation Manager, Stan Parkford. Stan has overseen over 40 implementations at Swiftly, including those for the MBTA in Boston and Big Blue Bus in Santa Monica.
In addition to assigning a dedicated CSM Project Manager, our Solutions Architect, Dale Kartushyn, will be a key advisor to the assigned PM in system design and implementation. Dale has been at the forefront of Transit In-Vehicle technology for his entire career spanning over 25 years and hundreds of fixed route and demand response projects. Dale is a key player in the push towards standardization and reducing proprietary hardware and vendor lock in, having been a key stakeholder in the first use of Blackberry devices in transit—and more significantly—the first use of commodity Android hardware to displace traditional MDTs, starting in 2010, resulting in an industry-wide movement in this direction.
In addition to the proposed team members above, the City of Manteca will have access to many Swiftly team members for support-level access for resolving issues as they come up. We pride ourselves on having the best support team in the industry, who will be available during normal business hours of 8:00 am - 5:00 pm (PST), Monday through Friday, excluding holidays.
Our Training Methodology and Plan
Swiftly prides itself on providing an intuitive, easy-to-use design that makes training a valuable addition, albeit not a required part of each user’s onboarding. Our highly experienced Customer Success team conducts training and will be led and coordinated by the designated Implementation Manager. Training will be based on the specific modules purchased by the agency. Swiftly also provides train-the-trainer training sessions that equip our customers, including the Executive Team, Operations, Planning, and Scheduling with the know-how to train staff themselves. Depending on the time frames available, training can be adjusted to meet the needs of your organization, its leadership team, and the end-users. Swiftly’s training methodology is a combination of on-site classroom training, virtual training with live screen sharing, and train-the-trainer training. Swiftly provides a variety of training resources – some examples are listed below:
➔ One-on-one and group trainings conducted via video conference, with live screen sharing, on user’s own computers
➔ Presentation-style trainings via video conference to large groups ➔ In-person, on-site trainings to groups of any size, hands-on with users’ devices ➔ Ad hoc training support for new or returning users on an ongoing basis ➔ Project or objective-based trainings for specific users or teams based on their needs ➔ Recorded video trainings that can be shared or hosted internally at the agency The Swiftly Dashboard contains a “Frequently Asked Questions” resource library and a “Contact Us” option to directly email our Customer Success team (not a bot) all from within the product.
Technical Proposal | City of Manteca | Swiftly, Inc. 29 ATTACHMENT 5
We highly recommend training for internal “trainers” and staff who will be supporting other users, including responses to common issues that may arise. Training sessions will be coordinated and led by the Implementation Manager, assisted by other members of the Swiftly team.
Depending on the number of desired users, we recommend one or more days of in-person training to ensure all departments are equipped to begin getting value out of Swiftly immediately. This will be determined with the Implementation Manager during the kickoff call or meeting. Live and recorded online training materials will be available to the agency at any time.
Ongoing Training and Support
Swiftly offers continuous customer training sessions as part of our SaaS license. Swiftly has a robust and growing online Help Center that is a great self-help resource available 24/7 (found here:
https://swiftly.zendesk.com/hc/en-us). This Swiftly Library has a wide variety of educational resources available, including:
➔ Step-by-step instruction articles: these are always kept up-to-date and include useful and detailed instructions on how to perform basic and complex tasks within the Swiftly Dashboard. ➔ Short overview videos: these shareable videos are 3-7 minutes long, providing overview information about every product in the Swiftly Dashboard.
➔ Advanced learning webinar recordings: Swiftly hosts periodic webinars to educate our customers on more advanced topics and features on the Swiftly Dashboard. Recordings of these webinars are posted within the Swiftly Help Center for future viewing. ➔ Case studies: Swiftly includes detailed case studies of other transit agencies worldwide. These are made available for all users of the Help Center to share knowledge and ideas between agencies.
Swiftly is always expanding and improving this Help Center resource with new content, and we’re working to keep this resource updated with the latest product improvements.
Virtual Meetings
Close collaboration between Swiftly and City staff is required, but in our experience, most, if not all, tasks can be completed remotely. We anticipate a baseline meeting cadence based on our experience implementing 110 Swiftly customers and the needs of large-agency implementations of Swiftly’s products.
If, during the implementation period, these recommendations do not meet the needs of the City, additional ad hoc training and meetings can be scheduled within reason. These additional training and meetings can be accommodated without needing a change order. The baseline (at minimum) includes a project kickoff call, five discovery calls, and weekly check-in calls.
Project Kickoff Call
Swiftly and the City of Manteca will schedule a project kickoff call that includes as many relevant stakeholders as the City would like to include. The kickoff call will include:
➔ A round of introductions
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➔ A brief overview of Swiftly
➔ A review of the Swiftly products included for the City ➔ Interactive project objectives and goals, which will include a review of the project plan ➔ Review of the project implementation timeline and details ➔ Scheduling of the first Executive Business Review (EBR) Discovery Calls
Swiftly will hold discovery calls with relevant departments at the City for this project within the first few weeks of the notice to proceed. The purpose of these discovery calls is to understand the goals of each relevant department at the City and how Swiftly can best design communication throughout the contract's life to meet each department's needs. Typically, the departments included for discovery calls are Service Planning, Scheduling, Operations, Customer Service, and Information Technology. The City is responsible for deciding which departments would be the most relevant for the project.
Check-In Calls
Swiftly will hold weekly remote check-in calls throughout the implementation phases with the City of Manteca’s Project Manager(s) to review project progress.
Swiftly Training
Swiftly will provide training for the City for each of the products included in this project, listed below.
Training will be completed by Swiftly staff, or coordinated by Swiftly in conjunction with experts from our partners.
➔ Real-Time Passenger Predictions
➔ Live Operations
➔ Service Adjustments
➔ Rider Alerts
➔ GPS Playback
➔ On-Time Performance
➔ Run-Times
➔ Operator Reports
➔ Onboard App
➔ APC Connector
Swiftly will schedule and coordinate training with experts from our partners for the following products:
➔ WaySine AVASManager
➔ Scalefusion Mobile Device Manager
➔ Cradlepoint NetCloud Essentials
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C. Proposed Team and Organizational Chart
of Proposed Team
Throughout your partnership with Swiftly, you’ll have access to many Swiftly team members to gather feedback and discuss future product improvements and developments, as well as support-level access for resolving issues as they come up. You’ll have dedicated team members during your project implementation and beyond: your Implementation Manager, your Customer Success Manager (Project & Relationship Manager), and a Solutions Architect. Below, we have outlined each of these team members in an organizational chart.
Project Organizational Chart
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D. Resumes of Key Personnel for this Contract
Stan Parkford
Director of
Implementations
Start date
January 2016
Education
San Francisco State
University
B.A., Urban Studies and
Planning
Location
San Francisco, CA
562 522 3158
[email protected]
Twitter: @swiftlyinc
Stan has overseen more than 40 implementations at Swiftly. Stan has worked with agencies of varying size to accomplish their most pressing goals and achieve value from the Swiftly platform. Leading our Implementations team, Stan has managed the implementation process from data integration and validation, trained various agency teams, benchmarked goals with stakeholders, aided in the successful public launches of real-time information to the public (where applicable), and strengthened partnerships with these agencies beyond implementation.
Project Experience
SEPTA (Philadelphia), Jul. 2020–Sept. 2020
➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback, On-Time Performance, Headways), Metronome (Live Operations)
➔ User accounts: 301
➔ Project-managed the integration of real-time predictions into SEPTA’s public mobile app, and managed the in-depth training of various teams across the organization
WMATA, Metrobus division (D.C.), Aug. 2020
➔ Products: Insights (GPS Playback, On-Time Performance, Headways, Run-Times)
➔ User accounts: 132
Big Blue Bus (Santa Monica), Aug. 2020
➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback, On-Time Performance, Run-Times, Speed Map), Metronome (Live Operations), Swiftly GPS trackers ➔ User accounts: 67
IndyGo (Indianapolis), Feb. 2020
➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback, On-Time Performance, Headways,
Run-Times), Metronome (Live Operations)
➔ User accounts: 117
RTC (Las Vegas), Sept. 2019
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➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback, On-Time Performance, Run-Times, Speed Map), Metronome (Live Operations)
➔ User accounts: 185
VPTA (Vermont), Jan. 2019–Apr. 2019
➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback), Metronome (Live Operations), Swiftly GPS Trackers
➔ User accounts: 87
➔ Coordinated project management, communication, training, and knowledge sharing between 9 different transit agencies at once, varying in size and needs
MBTA, Bus division (Boston), Sept. 2018–Nov. 2018
➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback), Metronome (Live Operations)
➔ User accounts: 275
➔ Integrated multiple AVL data sources, handled special requests for assignment feed changes, and implemented special fields like Driver and Run IDs for use by large field operations staff ➔ Working closely with the MBTA team to continually improve their prediction accuracy
Asheville Redefines Transit (Asheville), Sept. 2018
➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback, On-Time Performance), Metronome (Live Operations), Swiftly GPS Trackers
➔ User accounts: 25
DCTA, Bus and A-Train divisions (Denton), Jun 2017
➔ Products: Transitime (Real-time Passenger Predictions), Insights (GPS Playback, On-Time Performance, Run-Times, Speed Map), Metronome (Live Operations), Swiftly GPS trackers ➔ User accounts: 63
Technical Proposal | City of Manteca | Swiftly, Inc. 34 ATTACHMENT 5
Emily Brown
Customer
Success Manager
Start date
January 2022
Education
B.A., Economics,
Washington University,
St. Louis
Location
San Francisco, CA
415 483 9777
[email protected]
Twitter: @swiftlyinc
Emily has over six years of experience partnering with customers of various sizes and industries to make the most out of a software platform. At Swiftly, she has taken on over 15 accounts that manage fleets ranging from downtown Sydney to the Sierra Nevada mountains.
She has cultivated strong and lasting relationships with customer leadership, serving as a reliable partner to optimize workflows and advise during escalations.
Project Experience
AC Transit
➔ Products: Insights (GPS Playback, Run-Times, Operator Reports), Metronome (Live Operations)
Turlock Transit
➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback, On-Time Performance, Run-Times, Speed Map), Metronome (Live Operations)
ComfortDelGro Australia
➔ Products: Insights (GPS Playback, On-Time Performance, Run-Times, Speed Map, Headway Insights), Metronome (Live Operations)
South Australian Public Transport Authority (SAPTA)
➔ Products: Insights (GPS Playback, On-Time Performance, Run-Times, Speed Map)
San Joaquin Regional Transit District (RTD)
➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback, On-Time Performance), Metronome (Live Operations)
Golden Gate Bridge, Highway and Transportation District (Golden Gate Transit)
➔ Products: Insights (GPS Playback, Run-Times), Metronome (Live Operations)
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Humboldt Transit Authority (HTA)
➔ Products: Transitime (Real-Time Passenger Predictions), Insights (GPS Playback, On-Time Performance), Metronome (Live Operations)
Tahoe Transportation District (TTD)
➔ Products: Transitime (Real-Time Passenger Predictions, Rider Alerts), Insights (GPS Playback, On-Time Performance),
Metronome (Live Operations)
City of Fairfield - Fairfield and Suisun Transit (FAST) ➔ Products: Transitime (Real-Time Passenger Predictions, Rider Alerts), Insights (GPS Playback, On-Time Performance),
Metronome (Live Operations, Onboard App)
San Francisco Bay Area Water Emergency Transportation
Authority (WETA)
➔ Products: Transitime (Real-Time Passenger Predictions, Rider Alerts), Insights (GPS Playback), Metronome (Live Operations) ➔ Ferry organization
Professional Experience
Technical Solutions Engineer, Epic Systems, Sept 2016-Oct 2021
➔ Partnered with key stakeholders at over five large hospital organizations to achieve their financial and productivity goals using Epic's enterprise software
➔ Created and led the Dental Claims Task Force based on my extensive analysis of current functionality versus customer demand, serving as the primary point person for questions, delegating as appropriate.
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Dale
Kartushyn
Solutions
Architect
Start date
June 2022
Education
University of Calgary
Bachelor of Science,
Electrical Engineering
Location
Atlanta, GA
404 493 6271
dale.kartushyn@
goswift.ly
Twitter: @swiftlyinc
Dale has twenty six years of hands-on experience with mobile wireless data communications equipment and networks, including issues present in designing and implementing mobile data systems in mission critical enterprise applications for fleet industries with primary focus in public transit. He has a deep understanding of integrating third party hardware to enterprise applications and extensive transit experience through enterprise software and in-vehicle system deployment design and implementation. Dale is excellent at understanding business models and issues relating to transit and other transportation industries and excellent customer interaction skills.
Professional Experience
Hardware Services Lead, Uber Technologies, October
2020-June 2022
Routematch was acquired by Uber in October 2020 and became part of the Uber Transit business unit
➔ Responsible for all hardware deployment delivery from sales quotation/proposal stage to system design of in-vehicle systems, ordering and fulfillment.
◆ Onboarded and trained new team members and
oversaw deployment of 3rd party tablet ordering and
fulfillment processes and improved hardware RMA
processes. Improved Installation design processes to
improve deployment outcomes
➔ Maintained Product Management duties as primary advisor for all Routematch Mobile product lines following Acquisition Senior Engineer, Client Success, RouteMatch Software, July 2014-September 2020
➔ Responsible for technical consulting, after sales support and technical management of key clients for the company. Role required extensive travel to deliver onsite training, consulting and deployment services. Lead wireless consultant on
company’s two largest projects to date, totaling over $15M over the contract terms
◆ Primary technical consultant/technical manager
responsible for maintaining key fixed route clients
generating over $0.5M yearly recurring revenue
◆ Product management advisor for wireless product line, providing prioritization and product design guidance
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◆ Consulting and Product Management lead for fixed
route cross functional team (Company first for this type of organizational structure), responsible for 100 fixed route client accounts
Product Manager, RouteMatch Software, 2011-2014
➔ Responsible for creation of product roadmap of all wireless products while maintaining and building 3rd party supplier relationships to enable demand response and fixed route system deployments. Developed business requirements and translated into software designs to satisfy contractual requirements.
◆ Developed multi year road map for Company’s wireless
products to satisfy contracted needs and customer
requests
◆ Managed transition of fixed route deployments from
legacy Mobile Data Computer and vehicle logic unit to
Android tablets and new vehicle logic unit
◆ Oversaw integration efforts for multiple fixed route
partners to new vehicle logic unit system, including
APC, AVAs, Vehicle Destination Signs, and Traffic Signal Priority Systems
◆ Developed managed testing and certification process
for consumer Android Tablets for use with the
Company software systems
Director of Wireless Services, RouteMatch Software, 2005-2011 ➔ Created deployment programs and policies as well as
maintained close technical relationships with suppliers. Created best practices for wireless system deployment and support that remain in place currently.
◆ Built wireless data program from 2 agencies to over
100 in the span of approximately three years,
generating approximately $2.5M in revenue in that time
◆ Successfully transferred wireless services from
3rd party contractor (Mentor Engineering) to
Routematch (the only software partner to be permitted
by Mentor to not purchase engineering services for
deploying their products)
◆ Worked with development and deployment teams to
pioneer the use of Android tablets in the industry,
resulting in a new industry standard
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E. Example Projects Which Best Illustrate
Proposed Team’s Qualifications for this
Contract
Regional Transportation Authority of Central Maryland (RTA), Savage, MD The Regional Transportation Authority of Central Maryland (RTA) struggled with a real-time system that rarely provided predictions to passengers, resulting in a high number of complaints and public pressure to improve. The hardware system also often failed on individual vehicles, leaving operations staff blind and having to navigate entirely by radio. For that primary reason, RTA partnered with Swiftly, and is now able to combine multiple sources of GPS location data for 100% visibility of their fleet at all times. Swiftly’s real-time predictions provided a unified, highly-accurate source of real-time information for passengers and staff alike, and RTA was able to get instant insight into all their vehicles at any time.
As the partnership between Swiftly and RTA has continued to grow, Swiftly has provided four additional, critical products to RTA: Onboard App, Service Adjustments, Rider Alerts, and APC Connector, which allowed the RTA to eliminate the use of their legacy CAD/AVL system on fixed-route service.
By eliminating the need for a costly CAD/AVL system and supporting more nimble workflows, Swiftly's real-time operational software realized massive efficiencies across the agency including:
● Estimated 5,000 customer service hours of savings by providing easy access to real-time data, thus, reducing customer calls by several minutes per call ● Planning staff reduced the amount of time it took them to analyze their routes by 50%, saving an estimated 250 staff hours per year
● Runtimes improvements resulted in a 19% decrease in early departures for RTA vehicles With the newest addition from Swiftly, APC Connector, t he team at RTA connects their existing third-party automated passenger counting sensors to Swiftly, which then pairs ridership data with RTA of Central Maryland’s GTFS feed for analysis in Swiftly’s dashboard. As Cole McCarren, the former Planning and Special Projects Manager at RTA puts it, “With Swiftly, we can see every single trip, and slice and dice the data to get a better understanding of how riders are actually using our transit system.” Fairfield and Suisun Transit (FAST), Fairfield, CA
With the sunsetting of the 3G network, FAST’s on-vehicle hardware from their real-time information provider was about to become obsolete. Supply chain issues meant that replacement equipment could not be obtained for several months, which would result in a lengthy system outage for real-time information. This challenge created an opportunity for staff to work with Swiftly for more accurate predictions and to deploy a real-time solution in a matter of weeks. FAST was able to quickly purchase and install plug ‘n play GPS trackers to provide vehicle location to Swiftly. Swiftly’s auto-assigner technology was then able to match and assign vehicles to trips based on their location and provide real-time predictions through Swiftly’s GTFS-rt feed.
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FAST uses Swiftly’s Service Adjustments and Rider Alerts to update the GTFS-rt and SMS/IVR with service changes. FAST also purchased Swiftly’s On-Time Performance product for historical reporting and to actively monitor their system’s schedule adherence.
FAST staff quickly adapted to Swiftly, averaging 350 user sessions each month (since deployment) within Swiftly’s web application. With Swiftly, FAST was able to avoid a real-time information outage, provide more accurate predictions, and more detailed messaging around service disruptions.
Using the Swiftly platform, FAST has achieved:
● Improved prediction accuracy by 16% from 73% to 85% (according to the IBI definition of accuracy) ● Reduced “early” predictions (where bus departs before it’s predicted to arrived) by 53% ● 5% reduction in passenger calls and complaints
● Creation of approximately 30 service adjustments and 10 rider alerts out to passengers each month through Transit App and Google
Citibus, Lubbock, TX
Lubbock Citibus was looking to move away from their CAD/AVL provider and find a system with a GTFS-rt so their real-time predictions were available in rider apps like Transit App and Google Maps. Citibus switched to using Swiftly’s Real-Time Passenger Predictions and chose to include Rider Alerts so they could provide detailed messaging to passengers about service changes and other notices. By integrating with onboard routers for vehicle location, Swiftly’s auto-assigner technology is able to match vehicles with trips based on location data.
Citibus parted ways with their CAD/AVL provider and has turned to Swiftly to provide automated voice announcements for their entire fixed-route fleet. Through Swiftly’s contract, Way Sine equipment was i nstalled on the entire Citibus fixed-route fleet and integrated with Swiftly’s AVAS Connector to provide real-time voice announcements to passengers.
F. Key Personnel Participation in Example
Projects
Our proposed key personnel’s project experience is outlined in their resumes provided in Section D. of this response.
G. Professional Services Agreement Concerns
We have provided the City of Manteca with a red-lined sample agreement with comments. Please see the Appendix section.
Technical Proposal | City of Manteca | Swiftly, Inc. 40 ATTACHMENT 5
SUBMITTED BY SWIFTLY, INC.
Appendix
ATTACHMENT 5
City of Manteca ITS Technology Requirements
Requirement Compliant? Notes
Automatic Vehicle Locations (AVL)
GPS receivers on each revenue vehicle shall report date and time, latitude, longitude, speed, direction of travel, and whether the receiver has a GPS position lock. Yes
GPS shall report on a frequency of 15 -20 seconds minimum. Yes The GPS antenna shall be securely mounted on the vehicle’s exterior. The antenna, mounting, and sealants shall be able to withstand physical and chemical interaction by automatic bus washing equipment. Yes Using GPS, this system shall be capable of simultaneously tracking the location of all fixed route buses in service. Yes The Onboard system shall utilize inputs from an onboard GPS receiver, odometer, and gyroscope to determine the vehicle's location. A dead reckoning algorithm shall be used to determine the vehicle's location when the GPS signal has been lost.
Partial
Swiftly leverages multiple GPS sources (in this
case, The router and the Onboard App tablet),
to ensure ropbust and accurate position data.
An odometer interface has not been provided
as Swiftly determines all distance traveled
based on map data and frequent GPS reports
on the server side, which eliminates the need
for an odometer interface. Swiftly's proposed
offering does not include dead reckoning.
Manteca Transit has acknowledged that dead
reckining is not needed (there likely are no
unavilability of GPS coverage in Manteca's
service area). If dead reckining is seen as
important, we can dicuss optionally offering
the Cradleppoint R1900 router.
The Onboard system shall use the onboard processor to directly or indirectly record and store data received from the dead reckoning system
No
Swiftly's proposed offering does not include
dead reckoning. Manteca Transit has
acknowledged that dead reckoning is not
needed (there likely are no unavilability of GPS
coverage in Manteca's service area). If dead
reckining is seen as important, we can dicuss
optionally offering the Cradleppoint R1900
router.
ATTACHMENT 5
Driver Interface (Mobile Data Terminal) or Equivalent
The MDT shall be able to withstand shock and vibrations generated by transit vehicles. Yes The MDT shall be dust and water resistant at a sufficient level that covers daily transit vehicle operations. Yes The MDT shall be able to operate in temperatures that range from 20°F to 120°F. Yes System shall perform a validation of driver logon credentials at logon to the MDT. Yes Driver work piece that is displayed on the MDT shall be determined by their validated logon credentials. Yes As the driver performs scheduled service, the MDT shall update to stay current with their upcoming schedule data. Yes At timepoint stops, system shall indicate the scheduled time of departure and alert the driver when it is time to depart. Yes While in service, the MDT shall be able to display the current system wide transit time (synchronized to the central system), current block, run, route, trip, next three bus stops, schedule adherence status, text messages, detour information, and data communications system status.
Yes
The system shall have the ability for each bus’s hardware to track and locally save service data such as stop data, APC counts, schedule adherence data, and time-indexed route progress for at least a full operation day, during instances when a bus is temporarily out of data communication with dispatch.
Partial
All GPS and APC data is sent in real time, at
the designated GPS reporting interval, and at
each door close event. Where a door close
event occurs while out of coverage, the APC
data will continue to accumulate and will be
reflected on the door close event that occurs
when the vehicle is back in coverage. By
processing all data in real time, we provide the
most accurate arrival predicions, and also
support real-time passenger load data in the
passenger facing tools.
Recognizing that distracted driving rules are evolving, the MDT shall include a safe driving mode feature to disable interactive functions while the vehicle is in motion. This shall be a configurable parameter. Yes For driver safety, the MDT shall have the safe driving mode enabled when the vehicle is moving above a configurable speed limit. Yes
The MDT shall allow the City to enable the following screen configurations during safe driving mode:
- Blank display on screen
- Disabled MDT buttons to stop vehicle drivers from performing any actions on the screen and - Display of information relevant to vehicle drivers when of high priority (e.g., route and schedule adherence status, missed messages or calls from dispatchers.)
Partial
Onboard App is designed to show the primary
information (upcoming stop and on-time
status), or the map, while in motion, while
blocking all user input. Swiftly can optionally
configure a blocker screen via the propose
Mobile Device management system if desired.
Please refer to our technical proposal for a
more in-depth overview of onboard app.
Please note, The City can customize canned
messages as part of our commitment to safe
driving.
The City shall have the ability to remotely change configurations for the safe driving mode.
No
Our proposed solution has predefined
paramaters for 'safe driving mode' as noted
above. Our design provides the relevant
vvisual informatipon the driver needs while
preventing interaction with the app while
moving.
The MDT shall receive text messages from the central system, alerting the driver with an audible and visual signal when a new message has been received.
Partial
Messaging in onboard app offers a discrete,
visual notification, not sound in order not to
distract the operator
ATTACHMENT 5
The MDT shall require the driver to send a yes/no response and acknowledgement to “response required” messages received from the central system. Yes
The MDT shall be able to store and display at least ten (10) text messages received from the central system (Dispatch).
The MDT shall store pre-defined messages that may be sent by the driver to the central system (Dispatch) such as "bus full", "wheelchair boarded". All pre-defined messages sent to dispatch shall include the date, time and vehicle ID. The specific pre-defined messages shall be configurable by the System Administrator from the central system.
Yes
The MDT or Equivalent should be upgradeable, when lifespan has exceeded. Yes ATTACHMENT 5
Computer Aided Dispatch (CAD) Functions
Relevant and accurate reports are an important component for the success of the City's operations, service planning, customer service, and other City stakeholders. Various operational reports shall be provided as part of the System which will allow the City to monitor system performance and to reconcile the daily, weekly, and monthly service activities.
Yes
All data generated in the System shall be retrievable through reports and screens. Yes The Proposer shall specify what types of canned reports are available in the System (provide samples in Proposal) and what types of custom reports will be provided to the City.
Yes
We have provided a list of Swiftly's reports
following this compliance matrix. Screenshots
of the Swiftly dashboard and/or sample csv
downloads will be provided upon request.
System shall provide a view for dispatchers to monitor current vehicle locations, to receive and send messages, and to track and monitor alerts. Yes
System shall allow events and alerts to be posted to the dispatcher. Yes The system shall allow staff to subscribe to events and/or alerts via SMS/email based on user defined time ranges.
No
This is not a feature of our platform at this
time, however we find that staff are sufficiently
aware of ongoing events due to the ease of
use of Swiftly's dashboard
Solution shall be browser based so that login is able to take place via a web portal at any time of the day. Yes System administrative tools and functions shall also be available via the web portal. Yes The system shall allow remote users and supervisors to have the same level of access as any other user in the system if allowed. Yes
The system shall have audit trail functionality that tracks driver messages, dispatcher actions and incident handling.
Partial
Live Operations contains audit trail of Service
Adjustments made, and dispatcher messages
sent and received. Rider Alerts module
contains audit trail of service alerts updates
made.
The system shall store application user login/logoff information in a historical event log. Yes The system shall support the City defining positions that provide full access, read-only access, or no access to functions within the system and the ability to assign a position to each user to control the user’s access to functions. Yes The system shall log all outgoing data received by the dispatcher, in a historical database, including: Date/time, Vehicle ID, Trip ID, Driver ID, Dispatcher ID, Location, Odometer, Schedule adherence, Message type, and Message content. Yes ATTACHMENT 5
Automatic Voice Announcements (AVA)
System shall be capable of performing Automatic Vehicle Announcements (AVA) for ADA compliance. Yes The AVA shall include functionality to generate the following messages:
- Internal audible and visible location-based announcements (next stop, customer service, transfers, etc.) - Internal time-based (e.g., reoccurring scheduled message at a time interval) audible and visible customer service announcements
- Internal driver initiated audible and visible customer service announcements - Location-based customer service announcements
- External audible bus arrival announcements
- The minimum and maximum volumes for external announcements shall include parameter settings to automatically control volume based on location and time of day
Partial All listed functions are supported except driver ability to trigger a message from the tablet are
provided. Volume levels are managed
remotely in the AVA console.
The AVA system shall be capable of specifying the location at which to play the next-stop announcement over the vehicle’s internal speakers. Yes
The AVA system shall display next stop announcement text on an interior ADA compliance electronic sign (LED or LCD). Yes The AVA system shall have the ability to support Infotainment via LCD monitors installed in the vehicle, including the ability to provide next stop announcements displayed according to ADA requirements. Yes The AVA system shall be capable of playing driver-initiated safety announcements over the vehicle’s internal speakers.
No
While driver-initiated announcements are not
currently supported, location based
(independent of stop location) announcments
are provided, as well as support for stop
request, door open and door close event
The driver’s use of the on-board PA system shall override any automated announcements. Yes The AVA system shall have the ability to play both human-recorded and text-to-speech audio files. Yes The AVA system shall support both English and Spanish language messages. Yes ATTACHMENT 5
Automated Passenger Counters
APC solution(s) will exceed 95% accuracy; Yes
APC shall be able to separately count successive passengers that are walking as close together as is practicable, either one behind the other or side by side; Yes
APC shall accurately detect passengers boarding and alighting and eliminate false positive counts of passengers; Yes APC shall support multiple entry doors; Yes
APC shall have the ability to detect whether the vehicle door is open or closed (the APC shall only count passengers when the door is open); Yes
Data shall automatically be compiled by the APC and integrated to the MDT in real-time; Partial
The APC counts are sent directly from the
APC sensors to the Swiftly database for
consumption and display in real time. If the
Tablet (MDT) fails, the APC system remains
fully functional because of this design.
APC shall have the ability to store and forward data if the MDT loses communications connectivity; Partial
The APC configuration will track passengers
boarding and alighting when out of coverage,
and attribute the on/off data to the next stop
(door close) event when coverage is regained.
The result is that total boardings and alightings
will be retained across the vehicle shift.
APC data will consist of date and time stamp, geo-coordinates and bus stop locations; Yes The alignment of sensors shall be calibrated after installation, to establish the alignment settings for each vehicle that achieve the most accurate performance (and the calibration settings for each vehicle shall be documented for future reference).
Yes
Proposer shall ensure APC data is available in an acceptable format for NTD and FTA certified reporting. Yes ATTACHMENT 5
Product Report Description Access Type
On-Time Performance
Systemwide-, route-, and stop-level on-time performance by any day or period of time, up to 30 days at a time. Days of week and individual dates can be excluded Dashboard
On-Time Performance On-time performance by time of day Dashboard On-Time Performance
On-time performance histogram showing percentage of early, ontime, and late by number of minutes early and late Dashboard On-Time Performance
On-time performance schedule view showing departure time for every stop and trip in a single day Dashboard
On-Time Performance On time performance summary by route CSV Download On-Time Performance
On-time performance summary by All Stops. Export includes columns that note when a stop’s on-time performance was impacted by a Swiftly Service Adjustment CSV Download
On-Time Performance
Missing Trips csv export: includes scheduled trips with incomplete or missing stop data CSV Download
On-Time Performance
Service Metrics csv export: includes summary of service delivered vs scheduled grouped by month, date and more.
Report includes raw data needed for NTD reporting (S-10) scheduled service and actual service (actual revenue miles, actual revenue hours, actual vehicle miles). Can be used for MR20 NTD reporting when combined with Ridership datasets from APC Connector CSV Download
Operator Reports
Summary report of first stop departure on time performance, systemwide Dashboard
Operator Reports
Layover for an individual operator for a single day; any 1-day period can be queried Dashboard
Operator Reports
On Time Performance of operators by route, by any day or period of time, up to 30 days at a time Dashboard
Operator Reports
On Time Performance of routes by operator, by any day or period of time, up to 30 days at a time Dashboard
Run Times
Systemwide-, route-, and stop-level runtimes and dwell times by any day or period of time; days of week and individual dates can be excluded Dashboard
Run Times
Run-times distribution view showing distribution of runtimes for queried period in comparison to schedule running time Dashboard Run Times
Run-times percentile view showing three configurable percentile thresholds for runtimes in queried period (such as 10th, 75th, and 90th percentile) Dashboard
Run Times
Run-times comparison view enabling comparison between two queried time periods (such as weekday and weekend) on a single route Dashboard
Run Times
Run-times suggestions, showing suggested runtimes to maximize on-time performance based on historical runtimes in the queried period. Dashboard
Run Times
Trip Stats export of an individual route’s 10th, 50th and 90th percentile runtimes times by trip; includes number of captured trips and number of completed trips CSV Download
Run Times
Trip Observations export of individual trip’s runtimes, traveltime and dwell time by route CSV Download
Run Times
Swiftly’s suggested schedule times between stops for a route by timeband or by stop CSV Download
APC Connector
Passenger Counts csv export includes boardings, alightings, and vehicle occupancy by stop; for any period of time. Includes raw ridership data which can be used for NTD reporting (MR-20) when combined with Service Metrics export from On Time
Performance CSV Download
Service Adjustments
30-day log of service adjustments actions, time, status, impacted routes, and who made it Dashboard
Custom Reports using Swiftly’s API Library
All data that Swiftly collects in the dashboard is accessible through our extensive API Library. The City of Manteca will have access to all APIs associated with purchased products as part of the annual license fee, and can create any custom reports using tools such as Power BI. Swiftly’s API documentation can be accessed here: https://swiftly-inc.stoplight.io/docs/standalone If the City requires assistance leveraging our APIs for custom reports, Swiftly can provide quotes for professional services.
Canned and Custom Reports
ATTACHMENT 5
38 DEBARMENT AND SUSPENSION CERTIFICATION
This certification does not apply to contracts and subcontracts under $25,000. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive. □ The Proposer certifies, to the best of its knowledge and belief, that the Proposer and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;
2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense described in Paragraph 2 of this certification;
4. Have not, within the preceding three years, had one or more public transactions (federal, state, or local) terminated for cause or default.
OR
□ The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.) The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:__________________________________________________________________ Date:_______________________________________________________________________ x
Swiftly, Inc.
Jonathan Simkin
CEO
9/7/22
ATTACHMENT 5
39 BUY AMERICA CERTIFICATION
This certification applies to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.
If this Offer is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 USC § 5323(j)(1) and the applicable regulations in 49 CFR part 661;
OR
□ Cannot comply the requirements of 49 USC § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 USC § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.
If this Offer is valued in excess of $150,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 USC § 5323(j) and the applicable regulations of 49 CFR § 661.11;
OR
□ Cannot comply with the requirements of 49 § USC 5323(j) (and 49 CFR § 661.11), but may qualify for an exception to the requirements consistent with 49 USC § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ Not Applicable
ATTACHMENT 5
40 LOBBYING CERTIFICATION
This certification does not apply to contracts and subcontracts under $100,000. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive.
The Proposer certifies, to the best its knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Proposer shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The Proposer shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:___________________________________________________________________ Date:_______________________________________________________________________ Per paragraph 2 above, complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” if applicable.
Swiftly, Inc.
Jonathan Simkin
CEO
9/7/22
ATTACHMENT 5
41 CERTIFICATE OF COMPLIANCE WITH BUS TESTING REQUIREMENT This certification applies to contracts for the purchase or lease of any bus model that is new or has any major change in configuration or components to be acquired or leased. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive.
The Proposer certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle.
The Proposer understands that misrepresenting the testing status of a vehicle acquired with federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation’s regulation on Program Fraud Civil Remedies, 49 CFR Part 31.
In addition, the Proposer understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:___________________________________________________________________ Date:_______________________________________________________________________ Not Applicable
ATTACHMENT 5
42 TRANSIT VEHICLE MANUFACTURER DISADVANTAGED BUSINESS ENTERPRISE
CERTIFICATION
This certificate applies to contracts for the purchase of rolling stock.
The Contractor, a Transit Vehicle Manufacturer, hereby certifies that it has complied with the requirements of 49 CFR § 26.49 by submitting an annual DBE goal to the Federal Transit Administration (FTA). The goal has either been approved or is pending approval by FTA.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ Not Applicable
ATTACHMENT 5
43 FEDERAL MOTOR VEHICLE SAFETY STANDARDS CERTIFICATION This certificate applies to contracts for the purchase of rolling stock.
The Proposer, if awarded the Contract, shall submit: (1) the manufacturer’s FMVSS selfcertification sticker information that the vehicle complies with relevant FMVSS; or (2) the manufacturer’s certified statement that the contracted buses will not be subject to FMVSS regulations.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ Not Applicable
ATTACHMENT 5
44 TAX LIABILITY CERTIFICATION
This certificate applies to all contracts.
The Proposer, certifies that:
(a) it has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) it has not been convicted of a felony criminal violation under any federal law within the preceding 24 months.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ Swiftly, Inc.
Jonathan Simkin
CEO
9/7/22
ATTACHMENT 5
10 DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ Not Applicable
ATTACHMENT 5
ATTACHMENT II
PROFESSIONAL SERVICES AGREEMENT
46 ATTACHMENT 5
Attachment II – Professional Services Agreement
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this day of , 20 , by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and , a corporation ("Consultant").
RECITALS
Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
1. Scope of Services.
Consultant shall perform the
services
described in the attached Attachment 1 that is incorporated by this reference. Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the services is sometimes referred to herein as “the Project.” The software services provided are a SaaS solution that does not constitute a professional services engagement. The software shall be governed by the SaaS terms and conditions (“SaaS Terms”) attached hereto as Attachment 2. If there is any conflict between the terms of this Agreement for Professional Service and the SaaS Terms the terms of the SaaS Terms shall prevail.
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Consultant’s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto Deleted: ,
Deleted: and pursuant to the Proposal submitted by
Consultant dated ! , and attached hereto as Attachment 2 Commented [1]: There should only be one place where
the services are referenced for the avoidance of any
confusion. Also the Proposal is an RFP response
which has forward looking statements which should be
included in the deliverables for this contract. We agree to clearly outline what the deliverables are in
Attachment 1 but there should not be two governing
section on the deliverables.
ATTACHMENT 5
as Attachment 3. n.
Deleted: All work shall be completed no later than ! .
Failure to submit work products in accordance with the
Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work
products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herei
Commented [2]: The services are subscription-based
and thus have no flexible completion date. Further the
progress payments are not relevant as this is a SaaS
solution and is paid up front for each annual term.
ATTACHMENT 5
4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed DOLLARS ($ ). Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
5. Method of Payment. Consultant shall invoice the annual fees immediately upon execution of this agreement and shall invoice subsequent annual periods 45 days prior to the beginning of such period.
City shall pay Consultant no later than 30 days after approval of an invoice by City staff. Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.
7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same. Provided however that City shall not be entitled to any refund of any prepaid amounts for any termination without cause.
8. Ownership of Documents; Confidentiality.
▪ Nothing furnished to Consultant that is
Deleted: Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by
whom, and a description of any reimbursable expenditures.
Full payment of each task will only be made at such time as each task is completed.
Deleted: the monthly invoice
Deleted: All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal
documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be
responsible for any unauthorized modification or use of such information for other than its intended purpose.
Deleted: ¶
Deleted: All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held
confidential by Consultant. These materials shall not,
without the City’s prior written consent, be used by
Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement.
Commented [3]: This is not a work for hire contract with deliverables that are specific to City. The deliverable is common off the shelf software and all plans documents
etc can and will be re-used by Swiftly in the service of other clients with any reference to City being removed.
The documents and other confidential information is
not unique to City.
ATTACHMENT 5
otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.
▪ Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the provision of the services.. Consultant shall defend, indemnify and hold City, and the other Indemnitees (as defined in Section , above) harmless from any and all loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement.
9. Consultant's Books and Records.
A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement. ▪ Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.
Deleted: production of the
Deleted: Work Product, and that upon final payment or
Consultant’s default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose
Commented [4]: This is an undefined term. Also there
is no Work Product envisioned in this contract. We are
providing existing software that is used across the
Swiftly customer base. We can conform the final
agreement to reflect the proper IP rights once awarded.
ATTACHMENT 5
▪ Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.
11. Interest of Consultant.
A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
▪ will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
▪ possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
B. The primary provider of the services required by this Agreement shall be . A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent, such consent or approval not to be unreasonably withheld..
ATTACHMENT 5
13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
16. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment 4.
Other insurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
(3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents.
ATTACHMENT 5
(5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers.
(6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage. Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention:
If to Consultant: Swiftly, Inc.
2261 Market St, #4151
San Francisco, CA 94114
Attention: CFO
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
ATTACHMENT 5
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City.
Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
ATTACHMENT 5
28. Prohibited Interests.
A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30. Precedence. In case of conflict between Consultant’s Proposal/Consultant’s attachments and the City’s Agreement/City’s attachments, the City’s Agreement and City’s attachments shall take precedence over Consultant’s proposal/Consultant’s attachments.
This Space Purposely Left Blank
ATTACHMENT 5
TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
Benjamin J. Cantu, (Type name of Consultant/form of organization)* Mayor
ATTEST: By:
(Signature)
Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By:
(Signature)
Bret Harmon, (Type name and title)
Director of Finance
COUNTERSIGNED: Address:
Dawn Cortesi,
Interim Director of Human Resources Telephone:
APPROVED AS TO FORM:
L. David Nefouse, City Attorney
ATTACHMENT 5
These Software as a Service Terms and Conditions (together with any applicable Order Form issued hereunder, the “Agreement”), effective as of the date set forth on an applicable Order Form (“Effective Date”), is between Swiftly, Inc., a Delaware corporation, with an address at 2261 Market Street #4151, San Francisco, CA 94114- 1612 (“Swiftly”), and the Customer named in such Order Form (“Customer”). Swiftly and Customer agree as follows:
1. SERVICES
1.1 License. Subject to the terms and conditions of this Agreement, Swiftly (a) will use commercially reasonable efforts to host, operate and maintain the services as set forth on the Order Form, which may include the Swiftly platform (the “Platform”), the Swiftly API (the “API”), and/or other services offered by Swiftly (collectively, the “Services”), (b) grants Customer a non-exclusive, non-transferable, non-sublicensable right and license to access and use the Services and (c) grants Customer a nonexclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. For clarity, unless otherwise specified by Swiftly in writing, any and all rights or licenses granted by Swiftly to Customer shall only apply to Customer and not Customer’s affiliates, including, without limitation, any parent, subsidiary, or other entity controlled by or under common control with Customer.
1.2 Access and Account Setup. Upon execution of an Order Form, Swiftly will provide Customer with a unique login and password to access the Services web pages which are hosted and maintained by Swiftly. Customer shall be responsible for the acts or omissions of any person who accesses the Services using logins provided to or created by Customer. Swiftly reserves the right to modify or discontinue any part of the Services at any time by giving thirty (30) days’ prior written notice to Customer, provided that in the event such modification or discontinuance materially reduces the functionality of the Services, Customer may terminate this Agreement upon at least thirty (30) days’ prior written notice to Swiftly, and Swiftly shall provide Customer with a pro-rated refund of any pre-paid fees for Services not performed by the effective date of termination. From time to time, Swiftly personnel may log in to the Service under Customer’s account in order to maintain or improve the Service, including providing Customer assistance with technical or billing issues. Customer hereby acknowledges and consents to such access.
1.3 Service Availability. Swiftly will use commercially reasonable efforts to maintain the Service availability to send and receive data, subject to downtimes resulting from ATTACHMENT 5
maintenance, repairs and upgrades. Swiftly will attempt to notify Customer electronically via the Service in advance of any planned downtime. Notwithstanding the foregoing, Swiftly will not be liable for any failures in the Service or any other problems which are related to (a) the Customer Content (b) outages to any telecommunications or public Internet backbones, networks or servers, or other equipment or service outside of Swiftly’s facilities or control.
1.4 Service Support. Swiftly will provide Customer with e-mail support for Customer’s use of the Service during Swiftly’s regular business hours. Customer agrees that Swiftly is not responsible to provide support for any issues resulting from problems, errors or inquiries related to Customer’s systems or hardware.
1.5 Customer Content. As used herein, the term “Content” includes, without limitation, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services, including without limitation all Customer Content (as defined below). All Content created through or submitted to the Services by Customer (collectively “Customer Content”) is the sole responsibility of Customer. Customer acknowledges and agrees that Swiftly will not assume any, and hereby disclaims all, responsibility and liability for Customer Content and any modifications thereto. Customer hereby grants Swiftly a worldwide, non-exclusive, perpetual, royalty-free, fully paid-up license to use, reproduce, perform, display, modify, and distribute the Customer Content.
1.6 Use Restrictions. Except as expressly permitted in this Agreement, Customer shall not directly or indirectly (a) use any of Swiftly’s Confidential Information (defined below) to create any service, software, documentation or data that is similar or competitive to any aspect of the Services, (b) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Services, or the underlying ideas, algorithms or trade secrets therein, (c) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party, (d) copy, harvest, scrape, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Services, (e) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction, (f) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, (g) remove any copyright ATTACHMENT 5
patent, trademark, or other intellectual property notices, information, and restrictions contained in any Content accessed through the Services, or (h) permit any third party to engage in any of the foregoing proscribed acts.
1.7 Limitations. Swiftly will not be responsible or liable for any failure in the Services resulting from or attributable to (a) Customer use of the Services not in accordance with this Agreement or any relevant documentation provided by Swiftly, (b) failures in any telecommunications, network or other service or equipment outside of Swiftly’s or its service providers’ facilities, (c) Customer's or any third party’s products, services, negligence, acts or omissions, (d) any force majeure or other cause beyond Swiftly’s reasonable control, or (e) unauthorized access, breach of firewalls or other hacking by third parties. In particular, Swiftly makes no representations or warranties and disclaims any and all liability with respect to any third party products and services (collectively, “Third Party Materials”) that Swiftly acquires pursuant to or at the direction of Customer. Customer acknowledges that it is solely responsible for deciding which Third Party Materials it requires Swiftly to purchase on its behalf, and Customer shall look solely to the manufacturer of such Third Party Materials in the event of any defect in the material or workmanship of such Third Party Materials. All such Third Party Materials shall be delivered directly to Customer and at no time shall Swiftly have possession of such Third Party Materials.
2. PROPRIETARY RIGHTS
2.1 Subject to the rights and licenses expressly granted hereunder, Customer shall retain all rights, title and interest (including all intellectual property and proprietary rights) in and to the Customer Content. Subject to the limited rights and licenses expressly granted hereunder, Swiftly (and its licensors) shall retain all rights, title and interest (including all intellectual property and proprietary rights) in and to the Services, the Platform, the API, all Content (excluding the Customer Content), all Swiftly trademarks, names, logos, all copies, modifications and derivative works thereof, and all rights to patent, copyright, trade secret and other proprietary or intellectual property rights therein. Additionally, all Customer (a) suggestions for correction, change or modification to the Services, (b) evaluations, and (c) other feedback, information and reports provided to Swiftly hereunder (collectively, “Feedback”), will be the property of Swiftly, and Customer shall and hereby does assign any rights in such Feedback to Swiftly. Customer agrees to assist Swiftly, at Swiftly’s expense, in obtaining intellectual property protection for such Feedback, as Swiftly may reasonably request.
ATTACHMENT 5
3. CONFIDENTIALITY
3.1 Definition. Each party agrees that the business, technical and financial information, including without limitation, the Services, the Platform, and the API, and all software, source code, inventions, algorithms, know-how and ideas and the terms and conditions of this Agreement, designated in writing as confidential or disclosed in a manner that a reasonable person would understand the confidentiality of the information disclosed, shall be the confidential property of the disclosing party and its licensors (“Confidential Information”). For the avoidance of doubt, any and all data provided to Customer through the Services (other than Customer Content) shall be considered Swiftly’s Confidential Information. Confidential Information does not include information that (a) is previously rightfully known to the receiving party without restriction on disclosure, (b) is or becomes known to the general public, through no act or omission on the part of the receiving party, (c) is disclosed to the receiving party by a third party without breach of any separate nondisclosure obligation, or (d) is independently developed by the receiving party.
3.2 Confidentiality. Except for the specific rights granted by this Agreement, the receiving party shall not access, use or disclose any of the disclosing party’s Confidential Information without its written consent, and shall use at least the standard of care used to protect its own Confidential Information, but not less than reasonable care to protect the disclosing party’s Confidential Information, including ensuring that its employees and contractors with access to such Confidential Information (a) have a need to know for the purposes of this Agreement and (b) have been apprised of and agree to restrictions at least as protective of the disclosing party’s Confidential Information as this Agreement. Each party shall be responsible for any breach of confidentiality by its employees and contractors. Each party may disclose only the general nature, but not the specific terms, of this Agreement without the prior consent of the other party; provided that either party may provide a copy of this Agreement or otherwise disclose its terms in connection with any legal or regulatory requirement, financing transaction or due diligence inquiry.
3.3 Required Disclosure. Nothing herein shall prevent a receiving party from disclosing any Confidential Information as necessary pursuant to any applicable court order, law, rule or regulation; provided that prior to any such disclosure, the receiving party shall use reasonable efforts to (a) promptly notify the disclosing party (to the extent legally permitted) in writing of such requirement to disclose and (b) cooperate ATTACHMENT 5
with the disclosing party in protecting against or minimizing any such disclosure or obtaining a protective order.
4. PAYMENTS; TAXES
4.1 Customer shall pay to Swiftly fees as set forth in an applicable Order Form in accordance with the terms therein. Past due amounts shall bear a late payment charge, until paid, at the rate of 1.5% per month or the maximum amount permitted by law, whichever is less. All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments, and Customer agrees to bear and be responsible for the payment of all such charges, excluding taxes based upon Swiftly’s net income.
5. LIMITED WARRANTY AND DISCLAIMERS
5.1 General. Each party represents and warrants that: (a) it has full power and authority, and has obtained all approvals, permissions and consents necessary, to enter into this Agreement and to perform its obligations hereunder; (b) this Agreement is legally binding upon it and enforceable in accordance with its terms; (c) the execution, delivery and performance of this Agreement does not and will not conflict with any agreement, instrument, judgment or understanding to which it is a party or by which it may be bound; and (d) it will perform its obligations hereunder in accordance with all applicable laws.
5.2 Customer. Customer represents and warrants that (a) Customer has all rights to grant the licenses to Swiftly set forth herein, including without limitation to Customer Content, without infringement or violation of any applicable laws or third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights, and (b) Customer shall not make available through the Services any Content that is disparaging, obscene, offensive, or otherwise inappropriate or that contains any viruses or any other harmful code.
5.3 Third-Party Software and Harware. Swiflty assigns to Customer all of the vendors’ and manufacturers’ warranties and indemnities relating to any third-party hardware and software to the extent Swiftly is permitted by the vendors and manufacturers to make such assignments to Customer. Such assignment is subject to all of the terms and conditions imposed by the vendors and manufacturers with ATTACHMENT 5
respect thereto. No other warranty is provided for any such third party software and hardware. Customer agrees to contact such vendors or manufacturers directly in the event of any failure or defect with such hardware.
6. DISCLAIMERS
6.1 EXCEPT AS PROVIDED IN SECTION 5.1 HEREIN, TO THE FULLEST EXTENT
PERMITTED BY LAW, SWIFTLY HEREBY DISCLAIMS (FOR ITSELF AND ITS
SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR
WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION,
ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT,
INTEGRATION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, RELIABILITY, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERRORFREE, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
7. INDEMNIFICATION
7.1 Customer. Customer agrees to defend against and hold Swiftly harmless from any claim by a third party that arises from or is related to (a) any Customer Content, (b) Customer’s use of the Services in violation of this Agreement, and to indemnify Swiftly for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such claims.
7.2 Swiftly. Swiftly agrees to (a) defend against and hold Customer harmless from any claim by a third party that Services infringe a valid U.S. patent (issued as of the Effective Date), or any copyright or trade secret, of such third party and (b) indemnify Customer for settlement amounts or third party damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such claim. If any part of the Services become or, in Swiftly’s opinion, is likely to become the subject of any injunction preventing its use as contemplated herein, Swiftly may, at its option (1) obtain for Customer the right to continue using the Services or (2) replace or modify the Services so that such services become non-infringing. If (1) and (2) are not reasonably available to Swiftly, Swiftly may terminate this Agreement upon written notice to Customer and refund to Customer a pro-rated amount of any prepaid fees. Swiftly shall have no liability or obligation hereunder with respect to any claim to the extent based upon (i) any use of the Services not strictly in accordance with this Agreement or in an application or environment or on a platform or with ATTACHMENT 5
devices for which it was not designed or contemplated, (ii) modifications, alterations, combinations or enhancements of the Services not created by or for Swiftly, (iii) any Customer Content, or (iv) Customer’s continuing allegedly infringing activity after being notified thereof. The foregoing states the entire liability of Swiftly, and Customer’s exclusive remedy, with respect to any actual or alleged violation of intellectual property rights by the Services, any part thereof or its use or operation.
7.3 Procedures. Any claim for indemnification hereunder requires that (a) the indemnified party provides prompt written notice of the claim and reasonable cooperation, information, and assistance in connection therewith, and (b) the indemnifying party shall have sole control and authority to defend, settle or compromise such claim. The indemnifying party shall not make any settlement that requires a materially adverse act or admission by the indemnified party without the indemnified party's written consent (such consent not to be unreasonably delayed, conditioned or withheld). The indemnifying party shall not be liable for any settlement made without its prior written consent.
8. LIMITATION OF LIABILITY
8.1 EXCEPT FOR ANY BREACH OF SECTION 3 (CONFIDENTIALITY) OR LIABILITIES TO THIRD PARTIES PURSUANT TO SECTION 7 (INDEMNIFICATION), IN NO EVENT
SHALL EITHER PARTY BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS
AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A)
INTERRUPTION OF USE, LOSS OR INACCURACY OF DATA, LOSS OF, OR COST OF
PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (B) INDIRECT,
PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES,
PROFITS AND GOODWILL OR (C) DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE
AMOUNTS PAID TO IT (IN THE CASE OF SWIFTLY) OR PAID AND PAYABLE BY IT (IN THE CASE OF CUSTOMER) HEREUNDER DURING THE SIX (6) MONTHS PRECEDING
SUCH CLAIM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS
OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. FOR CLARITY, CUSTOMER AGREES THAT SWIFTLY SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY MATERIALS.
9. TERM AND TERMINATION
ATTACHMENT 5
9.1 Term. Unless otherwise specified in an applicable Order Form or terminated as provided herein, this Agreement shall commence on the Effective Date and shall continue for one (1) year from the Effective Date. The term shall automatically renew for successive one (1) year terms, with an annual price increase of 10% unless either party notifies the other party of its intent not to renew at least thirty (30) days prior to the end of the then current term.
9.2 Termination. This Agreement may be earlier terminated by either party (a) if the other party materially breaches a provision of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of such breach from the non-breaching party (ten (10) days in the case on non-payment).
9.3 Effects of Termination. Upon any expiration or termination of this Agreement, all corresponding rights, obligations and licenses of the parties shall cease, except that all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) shall survive. The provisions of Sections 2 (Proprietary Rights), 3 (Confidentiality), 7 (Indemnification), 6(Disclaimers), 8 (Limitation of Liability), 10 (General Provisions) and this Section 9.3 shall survive.
10. GENERAL PROVISIONS
10.1 Entire Agreement. This Agreement constitutes the entire agreement, and supersedes all prior negotiations or agreements (oral or written), between the parties regarding the subject matter hereof. Any inconsistent or additional terms on any related purchase order, confirmation or similar form, even if signed by the parties hereafter, shall have no effect under this Agreement.
10.2 Publicity. Customer hereby consents to inclusion of its name and logo in client lists and marketing materials that may be published as part of Swiftly’s marketing and promotional efforts. From time to time upon Swiftly’s request, Customer agrees it will provide reasonable cooperation and assistance in connection with such efforts (such as, for example, by acting as a reference, issuing press releases and writing testimonials and case studies with statements attributed to a named employee of Customer).
10.3 Modification and Waiver. No change, consent or waiver under this Agreement will be binding on either party unless made in writing and physically signed by an ATTACHMENT 5
authorized representative of both parties. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.
10.4 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.5 Governing Law. This Agreement shall be governed by and construed under the laws of the State of California and the United States without regard to conflicts of laws provisions thereof. Exclusive jurisdiction and venue for actions related to this Agreement will be the state and federal courts located in San Francisco County, California, and both parties consent to the jurisdiction of such courts with respect to any such actions.
10.6 Remedies. Except as specifically provided otherwise herein, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity. Each party agrees that, in the event of any breach or threatened breach of Section 3, the non-breaching party will suffer irreparable damage for which it will have no adequate remedy at law. Accordingly, the non-breaching party shall be entitled to seek injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.
10.7 Notices. All notices under this Agreement will be in writing and delivered to the parties at their respective addresses stated herein or at such other address designated by written notice. Notices will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email or facsimile; the day after being sent, if sent for next day delivery by recognized overnight delivery service; or upon receipt, if sent by certified or registered mail, return receipt requested.
10.8 Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
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10.9 Assignment. This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by Customer without Swiftly's written consent. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
10.10 Independent Contractors. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
11. INVENTORY PURCHASES
11.1 F.O.B. Shipping Point. All hardware (GPS, Accessories, etc.) is sold F.O.B. shipping point.
11.2 Sales Tax. Inventory purchases may result in sales tax. If Customer is not tax exempt, sales tax may be added to the invoice.
11.3 Warranty. Swiftly warrants to Customer that the GPS tracker and accessories provided by Swiftly (the “Product”) contained in the original packaging will be free from physical defects in materials and workmanship for a period of ONE (1) YEAR from the date of purchase by the original purchaser (“Warranty Period”). If a defect arises and a valid claim is received within the Warranty Period, then as your sole remedy (and Swiftly’ sole liability), Swiftly will at its option and sole discretion: 1) replace the Product with a new product that is functionally equivalent to the original, or 2) issue a credit for the price of such Product, in each case within 30 days following receipt of the returned Product.
To obtain warranty service, please contact Swiftly at (415) 483-9777 or [email protected] to speak with a service agent or open a service request. Please be prepared to identify the specific Product (including its serial number) and the nature of the problem. If you ship the Product for repair or replacement, we recommend that the Product must be insured, and shipped freight prepaid and securely packaged. You must call for a Return Material Authorization Number (“RMA Number”) before shipping any Product, and include the RMA Number and a description of the problem you are experiencing with the Product. Any claim under this Limited Warranty must be submitted to Swiftly before the end of the Warranty ATTACHMENT 5
Period.
This Limited Warranty does not cover any physical defects or problems that arise out of or as a result of: (a) maintenance or repairs, modifications, alterations or tampering by anyone who is not an authorized representative of Swiftly; (b) accident, abuse, misuse, transport, neglect, liquid contact, fire or other external causes; (c) operation, handling, storage, installation, testing or use not in accordance with any instructions provided by Swiftly and related to use or operation of the Product; (d) damage caused by use with another product; or (e) Acts of God including lightning, flood, tornado, earthquake or hurricane, in each case as determined by Swiftly.
This Limited Warranty gives you specific legal rights and you may also have other rights, which vary from state to state. To exercise your rights under this Limited Warranty, please contact Swiftly at:
MAIL
2261 Market Street #4151
San Francisco, CA 94114-1612
EMAIL
[email protected]
PHONE
(415) 483-9777
GPS Tracker & Accessory Warranty: Swiftly will provide a repair or replace warranty for GPS Trackers & Accessories for up to one (1) year from the ship date.
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