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HomeMy WebLinkAbout2023-11 A Resolution Approving a Memorandum of Understanding between the Town of Vail and Alliance for Sustainable Energy LLC Regarding the E-Bikes for Essentials Electric Bike Ownership Program and the Shift Bike Regional Bike Share ProgramRESOLUTION NO.11 Series of 2023 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING ("MOII") BETWEEN THE TOWN OF VAIL AND ALLIANCE FOR SUSTAINABLE ENERGY, LLC, REGARDING THE E-BIKES FOR ESSENTIALS ELECTRIC BIKE OWNERSHIP PROGRAM AND THE SHIFT BIKE REGIONAL BIKE SHARE PROGRAM WHEREAS, the Town desires to enter into an agreement with Alliance for Sustainable Energy, LLC, the managing and operating contractor for the National Renewable Energy Laboratory, regarding the E-Bikes for Essentials, electric bike ownership program and the Shift Bike, regional electric bike share program, pursuant to the terms set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "MOU"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the MOU in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the MOU on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of March 2023. ATTEST: Stephanie Bibbens, Town Clerk OF tog aid, Mayor 20 coo o�pORA� I MOU Number- MOU 23-23522-0 MEMORANDUM OF UNDERSTANDING Between ALLIANCE FOR SUSTAINABLE ENERGY, LLC MANAGING AND OPERATING CONTRACTOR FOR THE NATIONAL RENEWABLE ENERGY LABORATORY and Town of Vail, CO SUBJECT. E-Bikes for Essentials, electric bike ownership program and Shift Bike, regional electric bike share program Synergistic coordination between the National Renewable Energy Laboratory (NREL) and the Town of Vail for support in use of the NREL OpenPATH platform for the E-Bikes for Essentials program, an electric bike ownership program for income qualified residents in Vail. The program provides an a -bike and all safety gear and accessories to support commuting free of charge to participants to use as their primary mode of transportation during non -snow months in exchange for data collection. The NREL OpenPATH platform will also be integrated into the Shift Bike regional electric bike share program in 2023. The e- bike share program operates in Vail, EagleVail, Avon, and Edwards and is a partnership between Town of Vail, Town of Avon, EagleVail Metro District, Edwards Metro District, Eagle County Government, and Drop Mobility. 1. Participants a. The National Renewable Energy Laboratory ("NREL") is a national laboratory owned by the Department of Energy and managed and operated by the Alliance for Sustainable Energy, LLC under DOE Contract No. DE-AC36-08GO28308. NREL has a primary location at 15013 Denver West Parkway, Golden, Colorado, 80401. b. The Town of Vail is a Colorado home rule municipal corporation with an address of 75 S. Frontage Rd. Vail, Colorado 81657. c. Either Town of Vail or NREL are referred to as a "Participant'. Both Town of Vail and NREL are collectively referred to as "Participants." 2. Purpose a. Desiring synergy between their independently programmed activities, the Participants intend coordination under this MOU to advance their mutual interests. b. NREL plans to support the energy evaluation objectives of Town of Vail using an instance of the NREL OpenPATH platform for data collection among participants of the E-Bikes for Essentials program and the Shift Bike regional electric bike share program. NREL will share de -identified datasets with Town of Vail and provide a public dashboard with standardized analyses for energy, emissions, and use evaluation. The datasets will inform various U.S. Department of Energy (DOE) -sponsored research projects related to energy efficiency through changes to travel behavior. The datasets will also be archived for long-term research use on the NREL Transportation Secure Data Center (TSDC) or Livewire data platforms. Validation and improvement of OpenPATH platform will support the goals of DOE's Energy Efficient Mobility Systems (EEMS) Core Tools capabilities. 3. Scope of Coordination a. The shared objectives for the coordination planned under this MOU are: • Testing and implementation of the NREL OpenPATH platform in support of Town of Vail's E-bikes for Essentials program and Shift Bike regional electric bike share. • Analysis of energy, emissions, and use of the program from datasets generated by participants in the E-bikes for Essentials program and Shift Bike regional electric bike share. • Development of reports and/or publications to inform similar programs in other locations. • Long-term archival on secure data platforms to support longitudinal research and comparison with future programs. • NREL's support to the grantees participating in the pilot is intended to include: o Availability for advice or support for configuring the data tools o Periodic support to iterate or adjust tool implementation based on feedback o Support for the public dashboard with automated analytics for generating reporting elements Engagement with individual participants for problem solving as needed with approval of E-bikes for Essentials program and Shift Bike regional electric bike share. b. Potential outcomes from the coordination include: • Validation and improvement of the NREL OpenPATH platform. • Energy, emissions, and use evaluation of the E-bikes for Essentials program and Shift Bike regional electric bike share. • Data and informational input into DOE -sponsored research projects related to energy efficiency through travel behavior change. • Publications related to findings to serve as foundational knowledge for similar applied projects. Collaboration between NREL and Town of Vail will support various U.S. Department of Energy (DOE) -sponsored research projects related to energy efficiency through changes to travel behavior. Travel survey data linked to demographic information is generally limited in both geographic scope and freshness. This makes it hard to evaluate impacts of new mobility options until several years after the options have been deployed. Collaboration with the E-bikes for Essentials program and Shift Bike regional electric bike share offers a unique data opportunity for more timely evaluation of the energy and emissions impacts of novel mobility modes. Direct benefits include access to data to 0 inform large agent -based models (ABMs) that are integral to the program objectives of SMART research work, OpenPATH platform will support the goals of DOE's Energy Efficient Mobility Systems (EEMS) Core Tools capabilities. The TSDC was created in 2009 to address the challenge of maximizing research returns from original transportation data while protecting the privacy of participants. The project is supported by the U.S. DOT and the U.S. DOE and is hosted at the National Renewal Energy Laboratory's (NREL's) Center for Integrated Mobility Sciences, located in Colorado. Examples of recent research enabled by TSDC data include assessing electric vehicle adoption, public transit gaps and active transportation potential. Detailed information on the TSDC's operating procedures is available on the website and in this Publication and fact sheet. 4. Funding a. Unless otherwise determined by writing, each Participant is responsible for the costs it incurs in participating in the coordination contemplated by this MOU, including all administrative costs, overhead expenses, labor costs, insurance costs, travel expenses and similar costs. b. This MOU is neither a fiscal nor a funds -obligation document. Nothing in this MOU authorizes or is intended to obligate the Participants to expend, exchange, or reimburse funds, services, or supplies or transfer or receive anything of value. c. This MOU: (l) is not a contract; (2) is not to be used to obligate or commit funds; and (3) is not to be used as a basis for the transfer of funds. 5. Researcher Exchanges a. Each Participant is to be responsible for its own personnel in relation to researcher exchanges to carry out coordination under this MOU. b. Each Participant's personnel are to adhere to the regulations, policies, and procedures of the host institution in carrying out coordination under this MOU, including protection of business proprietary information, protection of intellectual property, conditions of coordination and decorum, conditions of security and safety, and all other terms under which personnel are authorized to participate in researcher exchanges at the host institution. c. Each Participant has sole responsibility for its own personnel in relation to matters as travel formalities, appropriate insurance (medical insurance), travel expenses, suitable living accommodation and expenses, and computing hardware, applications, and internet connections. At the sole discretion of and compliant with the terms of systems access at the host institution, limited access to internal computing hardware and systems may be provided under researcher exchanges to facilitate the researcher's activities at the host institution. 6. Term a. This MOU shall be effective on the later date of the signatures of the Participants. b. The term of this MOU is for 30 months. The MOU maybe extended by mutual written consent. c. Earlier termination of the MOU shall be effective upon sixty (60) days written notice given to the other Participant. 7. Role of the Participants a. Each Participant's principal point of contact for coordination under this MOU is identified below. These contacts will also be responsible for resolution of issues occurring across organizational lines in their respective organizations. Name K. Shankari Title Post -Doctoral Director's Fellow Address 15013 Denver West Parkway, Golden, CO 80401 Email K.ShankariOnrel.eov Phone 303-384-6450 Town of Vail Name Beth Markham Title Environmental Sustainability Manager Address 75 S. Frontage Rd. Vail, CO 81657 Email bmarkham@vaileov.com Phone 970-479-2333 b. The Participants agree that neither will use the name of the other Participant or its employees in promotional activities with reference to the coordination arising from this MOU without prior written approval of the other Participant. 8. Confidentiality and Disclosure of Information Each Participant intends to coordinate independently programmed activities in a manner which facilitates exchanges of non-proprietary information that is not Personal Identifiable Information ("PII" ). For the purpose of this MOU, PII means all information that identifies, or can be used to identify, locate, contact, or impersonate a particular individual. Examples of PII include a specific individuals: first name (or initial) and fast name (current or former); geographical address; electronic address (including an e-mail address); personal cellular phone number; telephone number or fax number dedicated to contacting the individual at his or her physical place of residence. When connected with one or more of the items of information specified above, PII includes any other information concerning an individual that, if disclosed, identifies or can be used to identify a specific individual physically or electronically. For the purposes of this MOU, location information that is not linked to the items above, and basic demographic information is not considered PII. 9. Intellectual Property Activities which may involve sharing of proprietary information and transfer of rights and interest in intellectual property are excluded from the purview of this MOU. In the event it 4 becomes necessary to share proprietary information, separate nondisclosure agreements will be put in place. 10. Review Meetings a. Quarterly meetings to review plans and coordination, along with ad -hoc coordination meetings as necessary. b. NREL: K. Shankari, K.Shankari(@nrel.eov; Town of Vail: Beth Markham, bmarkhamOvalleov.com 11. Future Collaborations The Participants hereby confirm this MEMORANDUM OF UNDERSTANDING and acknowledge their understanding by the following signatures. Alliance for Sustainable Energy, LLC managing and operating contractor for the NATIONAL RENEWABLE ENERGY LABORATORY Signature a. This MOU does not create legally binding obligations between the Participants. It serves only as a record of the Participants' coordination of areas of independently programmed activities. b. The Participants may propose to each other separate joint collaboration that involves collaborative research and development related to the subject matter of the MOU. c. If the Participants agree to undertake joint collaborations that involve collaborative research and development, they intend to develop a separate written agreement for each collaborative research and development project, setting out each Participant's contribution, deliverables, responsibilities, and intellectual property rights and obligations. 12. Governmental Immunity The Town of Vail and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this MOU, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended, or otherwise available to the Town of Vail and its officers, attorneys or employees. 13. Subject to Annual Appropriation Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town of Vail not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 5 Signatures The Participants hereby confirm this MEMORANDUM OF UNDERSTANDING and acknowledge their understanding by the following signatures. Alliance for Sustainable Energy, LLC managing Town of Vail and operating contractor for the NATIONAL RENEWABLE ENERGY LABORATORY Signature Signature Printed Name Printed Name Title Title Date Date N 6 APPENDIX (study -specific information) 1. Name: E-bikes for Essentials program and Shift Bike regional electric bike share program 2. Short textual description (— 3 sentences): As transportation is the second leading sector of greenhouse gas emissions in the Town of Vail and commute schedules get increasingly complex in our "Future of Work", NREL and Town of Vail would like to experiment with an automated trip tracking solution for understanding travel behavior. This commuting study ("Study") can allow NREL and Town of Vail to understand variations in travel across centers, days of the week and months of the year without complex, time-consuming surveys. This study will also help NREL and Town of Vail better understand how electric bikes can be used as a commuting tool in the mountain region to reduce single occupancy vehicle commuting trips. 3. Short textual purpose (— 3 sentences): NREL and Town of Vail can use this information to understand how people get to work, what their constraints are, and how to better provide alternative options to commuting in single occupancy vehicles. This comprehensive information will aid NREL and Town of Vail in its goal to reduce carbon emissions from transportation. The data collected during these programs will be used to understand how a -bikes are used including when and how often as well as distance travelled. The data will also be used to examine the differences in use between a -bike ownership models and a -bike share programs. 4. Three -sentence summary for app:- The Town of Vail aims to incentivize commuters to adopt energy -efficient, non-polluting modes of transportation and maximize air quality benefits. In the E-bikes for Essentials program, it is providing a -bikes to low-income essential workers in the Town of Vail to use as the primary mode of transportation during non -snow months. In the Shift Bike regional electric bike share program, users purchasing program memberships will have the opportunity to participate in the study to collect data on how the regional electric bike share can be used to achieve climate goals. The app allows program participants to log trips, identify mode of transportation, and compete against others to benefit our environment. 5. Point of contact fisted in the app —e.g.: For questions about the programs, please contact Beth Markham, Environmental Sustainability Manager at the Town of Vail (email: bmarkham@vailgov.com; phone: 970-479-2333). 6. List of users with access to the admin dashboard: Beth Markham, Environmental Sustainability Manager, bmarkhamC)vaileov.com Cameron Millard, Energy Efficiency Coordinator, cmiIlard (ODvaileov.com Chris Southwick, Mobility Innovation Coordinator, csouthwick(mvailizov.com 7. Examples of research questions that this data could be used to answer (optional, max 3 bullet points): • Travel behavior modeling to support cost -benefit analyses of various potential commute programs. • The impact of post -pandemic telework on transportation energy efficiency and GMG emissions • The impact of micromobility ownership and shared programs on commuter behaviors and patterns M