HomeMy WebLinkAbout2019-05-07; City Council; ; Shared Micromobility Program Options€) S~~fi R~port
Meeting Date:
To:
From:
Staff Contact:
Subject:
May 7, 2019
Mayor and City Council
Scott Chadwick, City Manager
Craig Williams, Senior Engineer
craig .williams@carlsbadca.gov or 760-602-2734
Shared Micromobility Program Options
Recommended Action
CA Review Wv
Receive a report on activities, opportunities and challenges with shared micromobility activities
in the region, and direct staff to participate in a bikeshare pilot program in coordination with
other north coast cities.
Executive Summary
Since mid-2017 the San Diego Association of Governments (SAN DAG) has facilitated
micromobility discussions with all municipalities in the county on the challenges and
opportunities of micromobility devices. These discussions have led several north coast cities -
Encinitas, Solana Beach and Del Mar -to move forward with partnering with a single shared
shared mobility device vendor (Gotcha) to provide dockless bikeshare service in their
jurisdictions. Note that electric scooters are not being considered for implementation at any of
the north coast cities. A single vendor approach was proposed to ensure the use of a unified,
quality product along the coast in a controlled manner.
City staff have been engaged in those discussions, including identifying the potential benefits
and drawbacks of these new mobility options within the City of Carlsbad (city). Benefits include
reductions in vehicular traffic by substituting trips; reductions in parking demand in the Village
and elsewhere in the city, such as the business park and along the coast; reductions in
greenhouse gases consistent with Climate Action Plan (CAP) goals and objectives; and
facilitating implementation of the Mobility Elem.ent of the General Plan, Coastal Mobility
Readiness Plan, and Village & Barrio Master Plan and Parking Plan. However, these new devices
also present potential concerns, largely related to unsafe operator conflicts on sidewalks and
random parking that causes walkway obstructions and visual clutter.
This report provides details on the pilot bikeshare program currently in the implementation
phase in Encinitas, Solana Beach and Del Mar and asks for the City Council's direction on
whether to join with our southern neighbors in this pilot program.
Staff will also present an ordinance to regulate shared mobility device vendor operations in the
city as a separate City Council agenda item on May 14, 2019. As described under Next Steps,
the substance of the proposed ordinance will depend on whether the Council pursues the pilot
bikeshare program.
May 7, 2019 Item #9 Page 1 of 88
Discussion
Micromobility Background
Micromobility is a relatively recent term that refers to short (micro) trips (mobility), often after
using mass transit modes of travel. These trips are often referred to as "first mile/last mile"
portions of a longer transit trip, with the idea that once you arrive at a central transit station,
your trip is not complete until you arrive at your final destination. Previously, these trips were
commonly provided by another transit connection, such as a bus, or via taxis. Since 2009,
shared mobility providers, such as Uber or Lyft, came to the market with an enthusiastic
reception from consumers. As shared mobility options became more prevalent through
smartphone apps, less expensive micromobility options, such as bikeshare and even scooter-
share, became popular. It is worth noting that some of these micromobility companies have
since been purchased by Uber and Lyft.
In addition to "first-mile/last mile" trips, micromobility trips can often be substitutes for
walking or short vehicular trips, offering viable options for travel over a single-occupancy
vehicle, and are practically always less expensive. Bikeshare and scooter-share are also
appealing to cities because they contribute to reduced vehicular congestion and parking
demand. For every bikeshare or scooter-share trip, there is generally one less car trip, which is
helpful in attaining the city's CAP goals and to reduce congestion on city streets.
In Jan. 2016, the city had early discussions on micromobility which were included in the Coastal
Mobility Readiness Plan. The idea of a bikeshare system was included as part of examining
opportunities to reduce parking demand in the Village and the coastal area. The idea was also
included in early Sustainable Mobility Plan discussions, as well as recognized in CAP
implementation efforts as an opportunity to help achieve the 33 percent mode-shift goal. The
Coastal Mobility Readiness Plan stated that a bikeshare system was more likely to be successful
if it were employed by all north coast cities. If all cities joined together with a unified system, a
user could rent a bike, for example, in Solana Beach, ride up the coast and leave the bike in
Carlsbad. Likewise, if someone lived in Carlsbad and worked in Encinitas, they could pick up a
bike in Carlsbad and leave it near their workplace in Encinitas. For the return trip, they could
pick up another bike in Encinitas and ride it home.
Docked and Dockless Bikeshare Systems
Prior to 2017, bikeshare systems consisted largely of bikes that were parked in docking stations
located on public rights-of-way, such as public plazas, wide sidewalks, train stations, community
centers, etc. These docked systems had been growing around the U.S. and the world at a cost.
of up to $5,000 per bicycle. As of last year, there were well over 100 docked systems in the U.S.
and over 1,000 world-wide.
By 2017, several bikeshare companies began offering their "dockless" systems to cities around
the U.S., with some systems offered free of charge. Such was the case in the city of Imperial
Beach, which accepted an offer from LimeBike in mid-2017 and deployed 200 bikes around
their city. Most cities were interested in the dockless approach to bikeshare because it provided
an affordable system as compared to most previous bikeshare systems. Since 2017, the bicycle
products have evolved to include electric-assisted bikes (e-bikes). E-bikes substantially reduce
the effort required to ascend a hill, for example, and therefore provide a viable option for travel
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within Carlsbad's often hilly terrain. Also, several of the systems employ "hybrid" systems that
can include parking docks that reduce or eliminate the issue of random parking.
Benefits and Drawbacks
The primary benefits of these shared micromobility devices center around the elimination of a
vehicular trip. These devices are attractive because they are cheaper than almost any other
means of transportation for short trips, and are convenient because you can pick them up in
one location and drop them off at your destination. These substitute trips can contribute to
reductions in traffic; reductions in parking demand in the Village and elsewhere in the city, such
as the business park and along the coast; and reductions in greenhouse gases consistent with
CAP goals and objectives. Providing these options helps facilitate implementation of the
Mobility Element of the General Plan, Coastal Mobility Readiness Plan, and Village & Barrio
Master Plan and Parking Plan. ·
These devices, however, are not without drawbacks. They do present potential concerns,
largely related to unsafe rider usage and device parking that causes walkway obstructions. For
these reasons, the north coast cities were intent on selecting a vendor that had an integral
locking system, and that could provide bicycle docks for bike parking. This approach does not
allow the user to "close out" the rental unless it is locked to a dock (or to something else that
has been designated for parking usage in the program, such as a bike rack or pole)
Existing businesses, such as bike rental shops in the Village, could also be affected. SANDAG and
the north coast cities conducted a forum late last year and invited bike shops in the vicinity to
attend to discuss their concerns. Some output from the exchange included information that in
most cities where bikeshare has launched, similar concerns of lost revenue are initially
expressed. However, those revenues are often ultimately offset by sales of bicycle gear, such as
helmets, gloves, shoes and clothing. Also, most bike rental shops rent bikes in longer time-
frames -2, 4 or 8 hours -than these shared devices will typically operate. The bike-shop rental
bike will be comparatively less expensive for a several hour rental and therefore more
attractive than a shared bike for longer trips.
Further, the typical user of these shared bicycles is looking for transportation trip, so they can
pick up a bike in one location and drop it off in another. In contrast, a bike shop rental is more
of a recreational use for 2 or 4 hours, returning the bike to the bike shop.
Lastly, it has also been argued that shared bike trips have revived a latent interest in bicycling
and induced riders to later purchase bikes for their own use, which has brought new customers
to local bike shops.
Vendor Requests to Operate
Several north coast cities, including Carlsbad, have encountered vendors who requested
permission to operate within their jurisdictions. In Aug. 2018, a vendor approached the city to
request a business license for prospective electric scooter operations in the Village area. The
city denied the business license, citing an existing ordinance (Carlsbad Municipal Code Chapter
10.58.020) that prohibits skateboarding, coaster or any other similar form of transportation in
the Village area. In a similar vein, the City of Oceanside recently encountered the same vendor
who actually deployed scooters within their jurisdiction without permission.
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SANDAG Coordination
As cities in the region began to encounter shared mobility devices, SANDAG established the
Regional Micromobility Coordination effort. SANDAG's website states:
Micromobility services like dockless bikeshare, e-scooters, and neighborhood electric
vehicles (NEVs) have quickly become popular mobility choices in the San Diego region.
While these low speed travel modes offer convenient travel options, the operation of
successful micromobility programs can be challenging for local agencies. SAN DAG has
established a Regional Micromobility Coordination effort to support local jurisdictions as
they deploy micromobility programs while building consensus among cities and other
stakeholders in the areas of data sharing, micromobility parking and passenger loading,
education/outreach, and equity.
In mid-2017, SAN DAG offered to take the lead in coordinating the north coast cities. SAN DAG
facilitated discussions with staff from the cities of Encinitas, Del Mar, Solana Beach, Carlsbad
and Oceanside, as well as with Marine Corps Base Camp Pendleton and North County Transit
District (NCTD), around the possibility of piloting a bikeshare program in the north county
coastal region. The group consensus was to exclude scooter-share from this effort.
North Coastal Cities Bikeshare Memorandum of Understanding (MOU)
As discussions progressed, a Memorandum of Understanding (MOU) for a pilot bikeshare
program was developed for use by the cities and SAN DAG. Under the MOU, the cities would
collectively agree upon a single bikeshare vendor to operate within the north coastal region to
achieve economies of scale, reduce conflicts among competing vendors and provide optimal
convenience to users by being able to rent a bike in one jurisdiction and terminate the rental in
another jurisdiction.
The pilot bikeshare program was planned to have a term of one year. At the end of the pilot,
the partner cities would evaluate program success and determine whether to extend the
program. The original proposed schedule for the pilot launch was mid-2018, but is now
scheduled for this summer (2019). The cities of Encinitas, Solana Beach and Del Mar signed the
MOU in March 2018. Though the cities of Carlsbad and Oceanside did not sign the MOU due to
other bikeshare system experiences in the region at that time, staff from both cities have
actively participated in these discussions.
Request for Information (RFI) for Pilot Bikeshare Program and Vendor Selection
In Ap ril 2018, on behalf of the north coast cities, the City of Encinitas issued a Request for
Information (RFI) (Exhibit 1) to identify vendors with the resources to pilot a bikeshare program
in t he respective jurisdictions, in accordance with objectives to establish, implement and
maintain an innovative, valuable and mutually beneficial bikeshare program at no cost to the
cities. The RFI was a mechanism for gathering information and did not necessarily constitute a
binding procurement process; however, selection of goods and/or services could result from
t he process. Further, each city retained full discretion to award, or not award, the right to
operate. a regional bikeshare program in their respective jurisdictions through the RFI.
Staff from all the cities, including Carlsbad and Oceanside, as well as Marine Corps Base Camp
Pendleton and NCTD, reviewed the RFI vendor submittals. The process extended well into late
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2018, as the agencies discussed issues such as control of random parking in unsuitable areas
and the desire to offer e-bikes.
Following a best-value evaluation by representatives of the north coast cities, Gotcha was
selected as the preferred vendor. The selection of Gotcha, a Charleston, South Carolina-based
business, was based on a number of key factors: bicycle quality and features, proven track
record of more than 50 successful installations around the U.S., availability of e-bikes, on-board
locking mechanism, parking hub option, and operating and parking management technology,
including geofencing capability. Details of Gotcha's products and operation were presented via
a PowerPoint to the north coast cities in Jan. 2019. (Exhibit 2}.
All of Gotcha's bicycles would be pedal-assist electric (e-bikes}. These bikes offer a distinct
advantage over pedal-powered bicycles to negotiate the hills that are common in much of
Carlsbad. The number of deployed bikes is negotiated and varies with each city based of the
anticipated operating area. For Carlsbad, a preliminary estimate of bikes is 150-200, but this
number could vary with a closer look at the anticipated user areas. In early talks with Gotcha,
the user zone would stretch along the coast and inland perhaps a mile or so. A separate user
zone is being discussed around the business park; this area would likely increase the total
number of bikes if pursued.
All of the bikes are equipped with a GPS location tracker. A user would download a "Gotcha"
app to their smartphone. The app will show the location of all available bikes, and the app is
used to scan a unique QR code from the bike and activate the rental. The same app is used to
control where the bike can be operated and parked. In addition, Gotcha will use the GPS to
constantly monitor the bike locations and will pick up and move bikes around the area based on
supply and demand.
One of the deciding factors with Gotcha was their comprehensive approach to controlling
users' random parking of rented bikes on public and private property -which was a primary
concern with other dockless systems. In addition to a bike locking mechanism, Gotcha provides
hubs for parking (noted below}, but also an ability to gee-fence parking locations that define
where users can or can't park bikes. Gotcha would identify virtual electronic "fencing" locations
after consulting with the city, such as around existing bike racks or a Bike Parking sign post. The
same smartphone app that is used to rent the bikes would use the gee-fencing to inform users
where it is acceptable to park, but also would not allow parking in unacceptable areas without
consequences -such as fines or a lockout activated by Gotcha. This is a similar technique that
was used by Car2Go in the San Diego area to keep cars from straying outside a designated zone.
Gotcha would provide a "docked" system, meaning that their bikes must be parked in a
designated parking area, including at Gotcha bike "hubs." Hubs are configurable in multiples of
4 and are sized according to space available and to anticipated demand (for bikes} (illustrated in
Exhibit 2). Hub locations are flexible, but are typically located in a public plaza area (such as the
Village Coaster Station plaza), or the backside of the curb (where adequate space is available for
the hub without obstructing the pedestrian walkway), or curb-side similar to various existing in-
street "red-zone" bike corrals currently placed in the village area. In addition to the hubs, cities
may work with Gotcha to designate city-owned bike racks as potential lock-to locations. In all
cases, Gotcha would work through the city's permit system to locate and place the bike hubs.
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According to Gotcha, the hubs are simply placed on a concrete or asphalt surface; no bolting or
electrical service is required.
In pursuing the one-year pilot program with Gotcha, cities may incur costs to install additional
bike racks of their choice (e.g., Carlsbad's "Bike the Village" bike ra'cks), prepare locations for
bike docks (e .g., build concrete pads), to provide staff oversight for the program and to monitor
the public's use of Gotcha's bikes. Any additionally installed bike racks would also be available
for the general public's use, so if the pilot is not continued, the racks would remain in place.
During the one-year pilot bikeshare program, Gotcha proposed to operate the program at no
direct cost to the cities. While they do not propose placing any advertising on the bikes, they
may request to place sponsor information on a portion of the bike dock. The exact parameters
of any advertising could present legal issues and would need to be negotiated between the city
and Gotcha.
Bikeshare Pilot Program Implementation
The cities of Encinitas, Solana Beach and Del Mar are now moving forward with bikeshare
program implementation by executing individual license agreements with Gotcha, for service to
start summer 2019 (see Exhibit 3). Some cities are also considering a separate contract with
Gotcha to 'implement NEV service to provide shuttles within their jurisdiction in addition to
bikeshare (NEV is similar to the Free Ride Everywhere Downtown (FRED) service in downtown
San Diego). Gotcha also has an electric scooter product, although none of the north coast cities
are pu rsuing this service at this time.
Each city is negotiating with Gotcha separately, and will enter into separate license agreements
(see model license agreement attached as Exhibit 4).
The current timelines for the bikeshare programs of Encinitas, Del Mar and Solana Beach are:
• Mobility ordinance adoption (included bikeshare pilot approval and shared mobility
device control) -Solana Beach (December 2018); Encinitas and Del Mar (March 2019).
Solana Beach's ordinance is attached as Exhibit 4.
• Execute license agreement -Solana Beach (Spring 2019), Encinitas (April 2019), Del Mar
(May 2019)
• Bikeshare pilot deployment -(all) summer 2019
Should the city pursue a bikeshare program with Gotcha, staff would strive to launch a one-year
pilot that aligns With the other north coast cities. In conversations with Gotcha, the other cities
are realistically looking at mid-to late June for a launch date. Carlsbad could possibly be ready
to launch in mid to late summer 2019. However, the city's exact deployment timeline would
depend on the extent of license agreement negotiations, adoption of associated Carlsbad
Municipal Code amendments, and the time needed to process parking hub permits. With all the
north coast cities, as with Carlsbad, the most time-intensive step in the timeline is the permit
process associated with location of parking hubs in the public right-of-way. Alternatively, if
staff encounter delays in implementation, the City of Carlsbad could choose to alter the pilot's
duration to align with the other north coast cities.
Beginning prior to bike deployment, the pilot would include an education and outreach
campaign to be led by Gotcha in partnership with the city.
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Fiscal Analysis
Staff oversight of any shared mobility device operation will involve staff resources from Public
Works, Police Department and Code Enforcement Division of the Community and Economic
Development Department. Capital expenditures would be negotiated in any operating
agreement to implement parking zones, either through painted areas or installation of bicycle
racks.
Several departments would provide staff resources, including the City Attorney's office, Public
Works, Community & Economic Development, and Police. These costs can be accommodated in
the existing approved operating budget.
Next Steps
The next steps are dependent on City Council direction:
If City Council directs staff to move forward with the bikeshare pilot:
• On May 14, 2019, staff will bring an ordinance to City Council that regulates shared mobility
devices, including prohibited conduct and impoundment provisions, and that permits a
selected vendor to operate in the city under a Council-approved license agreement for a
pilot bikeshare program.
• Staff will negotiate a license agreement with Gotcha and then will bring the agreement to
City Council for approval.
• Subject to City Council approval of the license agreement, staff will work with Gotcha to
deploy shared bikes in the City of Carlsbad.
• Staff will determine the impound fee and bring a resolution to Council to approve the fee.
• Staff, in coordination with Gotcha, will develop and implement an education/awareness
program for businesses and residents about proper shared mobility device use.
If City Council directs staff to not move forward with the bikeshare pilot at this time:
• On May 14, 2019, staff will bring an ordinance to Council that regulates shared mobility
devices in the city, including prohibited conduct and impoundment provisions.
• Staff will implement proactive surveillance for shared mobility device violations.
• Staff will determine the impound fee and bring a resolution to City Council to approve the
fee.
• Staff will develop and implement an education/awareness program for businesses and
residents about proper shared mobility device use.
• Staff would monitor the three southerly cities as they conduct the pilot.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential
to cause either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment, and therefore does not require environmental review.
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Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. RFI (Request for Information) issued by the City of Encinitas on behalf of the north coast
cities.
2. Gotcha presentation to north coast cities.
3. Model bikeshare draft license agreement.
4. City of Encinitas Executed License Agreement with Gotcha
5. City of Encinitas approved Shared Mobility Program Ordinance.
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Table of Contents
I. INTRODUCTION ................................................................................................................... 3
11. REQUEST FOR INFORMATION ............................................................. : ............................. 5
Ill. INSTRUCTIONS ................................................................................................................... 8
IV. PROPOSAL EVALUATION .................................................................................................. 9
V. CONDITIONS GOVERNING THIS PROCUREMENT .......................................................... 10
ATTACHMENT 1 ...................................................................................................................... 12
North County Coastal Bikeshare -Request for Information 2
May 7, 2019 Item #9 Page 10 of 88
while offering viable transportation alternatives to driving alone. Many of the cities have adopted
Climate Action Plans (CAPs) or are in the process of developing CAPs. CAPs establish
environmental initiatives by which cities aim to achieve GHG emissions reduction goals and
targets. Transportation, especially travel via single occupancy vehicle, is a major source of GHG
emissions in North County. Facilitating safe, convenient, and affordable alternative
transportation options is often a component of these plans and initiatives.
The Marine Corps Mobility Transformation Strategy calls for demonstration projects at
installations like Camp Pendleton to meet official business mobility with capabilities that are
smarter, more efficient, more accessible, and cheaper.
Partners will coordinate with SANDAG on bikeshare data analysis while ensuring the selected
bikeshare vendor can meet data sharing requirements that assist in quantifying the impacts of
bikeshare on vehicle miles traveled (VMT), access to transit, economic development, and other
benefits.
Offering and promoting programs, like bikeshare, that replace vehicle trips with bike trips, is one
ways the Partners can help to reduce emissions while offering more efficient and more
affordable transportation modes for residents, employees, and visitors. Bikeshare is a service by
which bicycles are made available for shared use to individuals on a very short-term basis,
allowing them to borrow a bicycle at one location and return it either at the same location or a
different location within a defined geographic boundary.
C. Purpose and Objectives of the RFI
The purpose of this Request for Information (RFI) is to identify vendors with the resources to
pilot a bikeshare program in the Partners' jurisdictions, in accordance with the objectives set
forth in this RFI.
The Partners seek a qualified vendor to establish, implement, and maintain an innovative,
valuable, and mutually beneficial bikeshare pilot program. The pilot should enable and
encourage residents, employees, and visitors to affordably and conveniently travel by bicycle.
The pilot should also facilitate a decrease in vehicular parking demand, vehicular traffic, and
(GHG) emissions, while promoting active and healthy transportation options.
Qualified vendors are invited to submit proposals based on the information provided in this RFI.
This RFI is a mechanism for gathering information and does not constitute a binding
procurement process, however, selection of goods and/or services may result from information
obtained through this RFI process, where deemed appropriate. The Partners, jointly or
individually, are not obligated to make an award or issue a Request for Proposal as part of this
process. In addition, the Partners, in their sole discretion, may decide to engage in direct
question and answer sessions with one or more vendors and may decide to enter into an
agreement or issue permits based upon those discussions/interviews or a resulting proposal.
A selected vendor would have access to a market of more than 365,000 residents living in the
north coastal region, more than 135,000 employees that work in the region, and others that visit
the region for leisure.
North County Coastal Bikeshare -Request for Information 4
May 7, 2019 Item #9 Page 12 of 88
Potential bikeshare program marketing opportunities may include, but are not limited to: being
listed as a preferred vendor on the Partners websites, co-branded sustainability campaigns,
signage, event sponsorship, press releases, and social media announcements.
D. Obtaining RFI Documents
The website for this RFI and related documents is: PlanetBids (http://www.encinitasca.gov/bids).
All correspondence will be posted on the PlanetBids website. It is the responsibility of Proposers to
check the website regularly for information updates and RFI clarifications, as well as any RFI
addenda. To submit a proposal, a Proposer must be registered with the City of Encinitas as a
vendor. To register as a vendor, go to the following link (http://www.encinitasca.gov/bids), and
then proceed to the "New Vendor Registration" link. All addenda will be available on the
PlanetBids website. ·
E. RFI Contact
The City of Encinitas will receive questions and information requests on this RFI up to 5:00 p.m .
on April 17, 2018. All questions regarding the RFI documents shall be submitted through
PlanetBids. All project correspondence will be posted on the PlanetBids website. It is the
responsibility of the Proposers to check the website regularly for information updates,
clarifications, and addenda.
II. REQUEST FOR INFORMATION
This section describes the information being requested by the Partners to learn about
prospective bikeshare vendors and optionally select a vendor to operate in the Partners'
jurisdictions. Interested vendors must include all information outlined below in a submitted
proposal.
A. Bikeshare Pilot Program Requirements
Vendors interested in responding to this RFI must be capable to providing the following services
and shall describe these services in the submission:
1. Docked, dockless or hybrid (e.g., dockless and docked or geo-fenced system) bikeshare
program that encourages or requires bikes to be parked in preferred locations so as not
to impede pedestrian mobility and building access or produce visual clutter.
2. Bicycles that meet the minimum safety standards set forth in 16 CFR Part 1512
(https://www.gpo.gov/fdsys/granule/CFR-1998-title16-vol2/CFR-1998-title16-vol2-
part1512) and ISO 4210-2:2015 (https://www.iso.org/standard/68260.html)
3. Bikes equipped with an adjustable seat for riders of a wide range of heights, multiple
gears that can handle coastal foothills, a cargo basket, automatic front and rear lights
that run day and night, and a real-time, recordable on-board Geographic Positioning
System (GPS).
4. Checkout system used to locate and rent bikes that is simple to operate. A system that
offers affordable rental prices, both · one-time use and subscription options. Offering
incentives to park bikes in high demand locations is preferred. A system that offers rental
North County Coastal Bikeshare -Request for Information 5
May 7, 2019 Item #9 Page 13 of 88
options for residents that may be unbanked or underbanked and/or do not own a smart
phone is also preferred.
5. Ability to feature the following on all bikes: company logo, unique bike ID number, 24-
hour vendor customer service number.
6. Bike safety information provided both on the bike and within the mobile application that
is clear and visible. Safety information must include basic rules of the road for cyclists,
recommended use of a bike helmet, and instructions for how and where to park bikes
once a ride is complete.
7. Regular inspection, maintenance, and repair of all bikes so that the fleet is in continuous
good working order and condition. Maintenance shall include, but not be limited to,
preventative maintenance, inspection, and prompt repair or replacement of all worn
components of the bikes. Vendor shall perform routine and reoccurring safety checks
and track the location of all bikes. The vendor shall maintain a record of its inspection,
maintenance and repair efforts, and preventative maintenance schedule, which will be
made available to the Partners upon request.
8. Vendor managed method of enforcement to ensure that bikes are not left in
inappropriate areas, are in good working order and condition, and are not otherwise
causing safety issues.
9. Routine and timely relocation of bikes based on anticipated usage, improper location of
bikes, or a Partner's direction to move a bike or bikes. Describe the relocation process
and anticipated frequency of relocation.
10. Demonstrated, secured financial backing with the ability to operate at full capacity for the
life of the pilot program and beyond with a sustainable business model.
11 . Provide close coordination with all Partners, including real-time sharing of bike rental
data collected from the mobile application and on-board GPS, active promotion of the
bikeshare program in coordination with each Partner, and timely response to any
complaints received or requests made by the Partners and bikeshare users. Describe
the type of data that is collected and can be provided to the Partners. Promotion and
advertisement of the bikeshare program must comply with all Partners' municipal codes
and ordinances.
12. Offer a bikeshare program that can be deployed, operated, managed, and maintained by
the vendor at no cost to the Partners and with minimal oversight needed from the
Partners.
13. Ability to conform to contract specifications, including general liability insurance, worker's
compensation, automobile liability insurance, indemnification, bicycle removal and
termination clauses. Sample contract attached.
8. Proposal Elements
Vendors interested in responding to this RFI must prepare a proposal that includes the following
information:
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1. Provide at least three examples of successful, long-term operation of bikeshare
programs in other similar cities or regions, including staffing, marketing and public
outreach, number of bikes, service area, and bike usage. Include contact information
from the respective city's staff responsible for monitoring or administering the bikeshare
program.
2. Include bike dimensions, weight, number of gears, bike cost, lifespan, service
requirements, cargo capacity, type of kickstand, locking and unlocking method, anti-theft
and anti-vandalism features, safety features (lights, bells, etc.), and software/hardware
technology. Include whether the vendor uses electric bikes or is considering future use
of electric bikes in bikeshare programs.
3. Describe the mobile application, including how new users register, how bikes are located
and unlocked, pricing structure, how safety and other information is provided, and any
other special features (e.g., rewards, incentives, disincentives, gamification, etc.).
Specify how the mobile app provides clear guidance to users on bike parking options
and recommendations. Specify if bike reservations can be made and how far in
advance.
4. Provide a detailed bike maintenance plan.
5. Describe the vendor's capability to provide data and reports to the Partners, including
raw and summarized data. Summarized data could include both user data (e.g.,
demographics, trip purpose, repeat usage, percent of trips starting and ending in close
proximity to transit, mode shift) and trip data (e.g., average trip length, average trip time,
trip start and end hotspots, trip path). Per the North American Bikeshare Association,
real-time or semi-real-time bike location data should be provided via a publicly
accessible API in General Bikeshare Feed Specification (GBFS) format. Required files
include: gbfs.json, system_information.json, and Free_bike_status.json. Specify whether
GeoJSON file format can be provided. Describe vendor's ability to collect quantitative
and qualitative data and report out findings from users (e.g. in-app surveys).
6. Describe how the vendor will employ anti-theft and anti-vandalism measures to ensure
bikes remain in operational condition and do not pose a nuisance to the community.
7. Describe how the vendor will address safety concerns, including helmet use, riding at
night and other safety concerns that may or may not be regulated by state vehicle
codes.
8. Describe how the bikeshare program may operate in conjunction with existing bike rental
businesses operating in the Partners' cities.
9. Describe the vendor's plans for future growth and expansion, including possible
anticipated improvements in bike and mobile app technology, service model, etc.
10. Provide an estimated timeline for a twelve-month pilot bikeshare program, including
permitting, set-up, promotion, advertising, bike deployment, maintenance and servicing,
data delivery to Partners, summary and reporting on the outcome of the pilot program
and bike removal or possible continuation of the program.
North County Coastal Bikeshare -Request for Information 7
May 7, 2019 Item #9 Page 15 of 88
11. Describe recommended minimum bikeshare fleet size for the North County Coastal
operating area.
12. Describe recommended parking options for the bikeshare (e.g., sidewalk furniture zone,
virtual bike racks) and strategies for effectively educating users on proper bike parking.
Describe level of sophistication as it pertains to geofencing technology to clearly identify
physical and/or virtual parking areas, including existing municipal bike racks . Describe
ability to exclude areas (e.g., sidewalk right-of-way) from appearing within app as a
permitted parking location.
13. Identify minimum response time and describe process for correcting or retrieving
improperly parked or placed bikes. Describe strategies used to effectively rebalance the
bikeshare fleet, if requested by Partners.
14. Describe approach to enhance access for disadvantaged communities (e.g., targeted
outreach, payment options, customer service, adaptive bicycle options).
15. Describe time required to deploy a bikeshare pilot program if selected based on fleet
siting and distribution, app customization, etc.
16. Describe approach to fleet size assessment and strategies applied to scale up if
requested by Partners.
Ill. INSTRUCTIONS
A. Proposal Due Date
Proposals must be submitted electronically no later than 5:00 p.m. on May 3, 2018. Proposals
must be submitted electronically via the PlanetBids system used to download the RFI. The
maximum fi le size for submittal is 50 megabytes, and the file type shall be Portable Document
Format (PDF). The electronic system will close submissions exactly at the date and time set
forth in the RFI or as changed by addenda.
B. Proposal Acceptance
Respondents are responsible for submitting and having their submittal accepted before the
closing time set forth in th is RFI or as changed by addenda. NOTE: Pushing the submit button
on the electronic system may not be instantaneous; it may take time for the Respondent's
documents to upload and transmit before the submittal is accepted. It is the Respondent's sole
responsibility to ensure their document(s) are uploaded, transmitted, and arrive in time
electronically. The City of Encinitas will have no responsibility for submittals that no not arrive in
a timely manner, no matter what the reason.
C. Page Limit
No submissions exceeding twenty-five (25) pages will be accepted (excluding attachments). In
addition, attachments may not exceed twenty-five (25) pages. The City of Encinitas
discourages "padding" of proposals with brochures, extensive literature, and boilerplate material
not applicable to a pilot bikeshare program.
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May 7, 2019 Item #9 Page 16 of 88
D. Proposal Format
Proposals must be organized in the following format and include the following content:
1. Letter of transmittal signed by an individual authorized to bind the proposing entity
stating the firm has read and will comply with all terms and conditions of the RFI.
2. General information about the firm, including the size of the organization, location of
offices, number of years in business, organizational chart, name of owners and
principal parties, number and position titles of staff.
3. Qualifications of principals, project managers and key personnel who would be
assigned to this project. Include their position in the firm, and types and amount of
relevant experience operating a bikeshare program. Identify the primary contact that
will be the overall project manager. Resumes are not required, but may be included
as attachments. The selected respondent may not substitute personnel without
written authorization from the Partners.
4. A work plan that establishes the Respondent's understanding of, and ability to satisfy
Partners' objectives. Respondent shall succinctly describe the proposed approach
for implementing a bikeshare program, outlining the activities, including innovative
ideas that would be undertaken in completing the various tasks and specifying who
would perform them.
5. A preliminary estimated schedule for deployment of a pilot bikeshare program. Show
all critical paths, major milestones, and decision points in pilot schedule.
6. A list of the municipal or other government agencies your firm has worked with
during the past three years. Provide the following information for three (3)
operational bikeshare programs managed by the respondent:
a) Name, address, and telephone number of the agency;
b) Time period for the project;
c) Brief description of the scope of the services provided;
d) Identify the staff members on the project and their specific responsibilities; and
e) Person and contact information for a reference.
IV. PROPOSAL EVALUATION
A. Proposal Evaluation
A review committee comprised of representatives from each of the potential Partner cities will
judge the merit of proposals received in accordance with the general criteria defined herein.
Failure of proposers to provide in their proposal any information requested in this RFI may result
in disqualification of the proposal. The sole objective of the review committee will be to select
the proposal that is most responsive to the Partners' needs. The Partners reserve the right to
elect to not proceed with a pilot bikeshare program and reject all proposal received through this
RFI process.
1. Experience of the vendor and proposed staff. Experience of project staff with similar
scope of services. Level of education, training, licensing and certification of staff.
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May 7, 2019 Item #9 Page 17 of 88
2. Approach to the project. Demonstrated understanding of the Partners' needs and
solicitation requirements. Approach is well organized and presented in a clear,
concise and logical manner.
3. Availability and proposed use of technology and methodologies. Quality control and
thoroughness is well defined.
4. Capability to Perform. Ability to complete work within deadlines. Availability and
continuity of staff during the course of the project, if selected . Unsatisfactory past
performance with the City of Encinitas (or any of the Partner cities) may be
considered as determined by the City of Encinitas (or any of the Partner cities) in
their sole and absolute discretion.
5. Relevant Experience. Experience in performing similar services for organizations of
similar size to the Partner cities. Experience with public agencies. Years of
experience with these types of services.
6. Innovation. Innovative ideas on the development, operation, promotion, and
sustainability of bikeshare programs.
B. Final Negotiation
As reflected above, vendor selection will be based on a combination of factors as determined to
be in the best interest of the Partners. After evaluating the proposals and discussing them
further with the finalists, or the tentatively selected vendor, the City of Encinitas reserves the
right to further negotiate the proposed program.
V. CONDITIONS GOVERNING THIS PROCUREMENT
A. Scope Changes, Additions and Deletions
All changes in proposal documents shall be through written addendum and furnished to all
proposers. Verbal information obtained otherwise will NOT be considered in the evaluation
process.
B. Rejection of Proposals
The City of Encinitas reserves the right to reject any or all Proposals and to waive informalities
and minor irregularities in Proposals received and to accept any portion of Proposal or all items
of Proposal if deemed in the best interest of the City of Encinitas to do so .
C. Proprietary Information
Any restrictions on the use of data contained within a Proposal must be clearly stated in the
Proposal itself. Proprietary information submitted in response to this RFI will be handled in
accordance with applicable City of Encinitas Procurement Regulations and the California Public
Records Act.
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D. Response Materials Ownership
All materials submitted regarding this RFI become the property of the City of Encinitas.
Responses may be reviewed by any person at Proposal opening time and after final selection
has been made. The City of Encinitas has the right to use any or all ideas presented in reply to
this request, subject to the limitations outlined in Proprietary Information above. Disqualification
of a proposer does not eliminate this right.
E. Acceptance of Proposal Content
The contents of the Proposal of the successful proposer will become contractual obligations if
contractual agreements action ensues. Failure of the successful proposer to accept these
obligations in a permit to operate, purchase agreement, purchase order, contract, delivery order
or similar acquisition instrument may result in cancellation of the award and such proposer may
be removed from future solicitations.
F. Cost of Proposal Preparation
The City of Encinitas shall not be liable for any pre-contractual expenses incurred by any
submitting vendor. Each submitting vendor shall protect, defend, indemnify, and hold harmless
the City of Encinitas from any and all liability, claims or expenses whosoever incurred by, or on
behalf of, the entity participating in the preparation of its response to this RFI. Pre-contractual
expenses are defined as expenses incurred by vendors in:
1. Preparing the proposal in response to this RFI;
2. Cost to acquire a permit; and
3. All other expenses incurred by a vendor related to preparation of proposal or
establishment of a bikeshare program.
G. Interview
Interviews with the top respondents may be requested. The selection of vendors invited to
interview will be solely based on the Partners' discretion. The vendors asked to interview will be
notified in advance.
North County Coastal Bikeshare -Request for Information 11
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ATTACHMENT 1
Sample License Agreement for Bike Sharing Services
This License Agreement for Bike Sharing Services ("Agreement") is made this _th day of
September 2017, by and between the City of Encinitas ("City") and ________ _
("Bikeshare Vendor").
RECITALS
1. A goal of City is to provide safe and affordable multi-modal transportation options to all
residents, reduce traffic congestion, and maximize carbon free mobility.
2. Bike share services are a component to help the City achieve its transportation goals
and the City desires to make bike share services available to residents and those who
work in the City.
3. Bikeshare Vendor proposes to operate a bike share program within the City.
4. Bikeshare Vendor will abide by all City ordinances and rules governing the use of public
space to efficiently and effectively provide bike share services.
5. Bikeshare Vendor possesses GPS, 3G, and self-locking technology in its bike fleet such
that bikes may be locked and opened by users with an app, and tracked to provide for
operations and maintenance.
AGREEMENT
1. Initial Term. This Agreement is effective for one (1) year from the date of execution
("Initial Term"). At the conclusion of the Initial Term, the Agreement may be extended
by mutual written agreement of the parties for an additional two-year term, subject to
any new terms agreed between the parties, unless either party notifies the other party of
its intent not to continue with the Agreement no later than 30 days before the expiration
of the Initial Term.
2. Exclusive Operator. During the Initial Term, the City designates Bikeshare Vendor as
the exclusive provider of bike share services within its city limits. This designation is
personal to Bikeshare Vendor and may not be assigned or transferred to any party.
This exclusivity provision shall expire and not be renewed past the Initial Term unless
agreed in writing by the parties.
3. Use of City Property. City authorizes Bikeshare Vendor to use ("License") City property,
including the public right-of-way, that is suitable for bike parking ("City Property") solely
for the purposes set forth in Section 6 of this Agreement. This authorization is not a
lease or an easement, and is not intended and shall not be construed to transfer any
real property interest in City Property.
4. Permitted Use. Bikeshare Vendor customers may use City Property solely for parking of
bicycles owned and maintained by Bikeshare Vendor for use in the bike share program.
Bikeshare Vendor may place up to 600 bicycles on City Property for its bike share
services as set forth in Exhibit A. If at any time during the term of the Agreement
Bikeshare Vendor desires to place additional bikes within the City limits, Bikeshare
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May 7, 2019 Item #9 Page 20 of 88
Vendor must request and receive authorization from the city to do so in writing. The
City may limit the number of bicycles upon identifying a potential harm to public health
or safety. Bikeshare Vendor shall not place or attach any personal property, fixtures, or
structures to City Property without the prior written consent of City.
a. Use of City Property and Bikeshare Vendor's operations within the City, shall, at
a minimum: a) not adversely affect City Property or the City's streets, or
sidewalks; b) not adversely affect the property of any third parties; c) not inhibit
pedestrian or vehicular movement, as applicable, within City Property or along
· other property or rights-of-way owned or controlled by the City; d) not create
conditions which are a threat to public safety and security. Bikeshare Vendor
shall instruct its customers not to park or leave any bicycle on City Property
where the bicycles would impede pedestrian or vehicular traffic, where only
automobile parking is allowed, and where bicycle parking is prohibited.
b. Upon termination of this Agreement by either party, Bikeshare Vendor shall, at its
sole cost and expense, immediately restore City Property to a condition which is
visually and structurally indistinguishable from the immediately surrounding area.
5. Bike parking. The City, at its own discretion, may support the bike sharing program with
the installation of bike racks and/or painted bike parking spots, and recommended bike
parking spots without racks or painting, in the City to assist with the orderly parking of
bikes throughout the City.
6. Condition of City Property
a. City makes City Property available to Bikeshare Vendor in an "as is"
condition. City makes no representations or warranties concerning the condition
of City Property or its suitability for use by Bikeshare Vendor or its customers,
and assumes no duty to warn either Bikeshare Vendor or its customers
concerning conditions that exist now or may arise in the future.
b. City assumes no liability for loss or damage to Bikeshare Vendor's bikes or other
property. Bikeshare Vendor agrees that City is not responsible for providing
security at any location where Bikeshare Vendor's bikes are stored or located,
and Bikeshare Vendor hereby waives any claim against City in the event
Bikeshare Vendor's bikes or other property are lost or damaged.
7. Maintenance and Care of portion of City Property; Bikeshare Vendor shall be solely
responsible for: (i) maintaining City Property to the City standards applicable for use by
the Bikeshare Vendor as permitted under Section 3; and (ii) obtaining from the City any
applicable permits or approvals required by the City. Bikeshare Vendor shall exercise
due care in the use of City Property and shall be responsible for maintaining City
Property in good condition and repair. Bikeshare Vendor shall not act, or fail to act, in
any way that result in excessive wear or damage to City Property. Bikeshare Vendor
expressly agrees to repair, replace or otherwise restore any part or item of real or
personal property that is damaged, lost or destroyed as a result of the Bikeshare
Vendor's use of City Property. Should the Bikeshare Vendor fail to repair, replace or
otherwise restore such real or personal property, Bikeshare Vendor expressly agrees to
pay City's costs in making such repairs, replacements or restorations. The obligations
under this Section apply to all City facilities, infrastructure, or appurtenances located on
City Property.
North County Coastal Bikeshare -Request for Information 13
May 7, 2019 Item #9 Page 21 of 88
8. Operations & Maintenance. Bikeshare Vendor will cover all maintenance costs for the
bike fleet and maintenance to minimum level of service and reporting outlined in Exhibit
A.
9. License Fee. The parties intend to agree to a license fee before the Agreement may be
extended beyond the Initial Term.
10. Indemnification. Bikeshare Vendor shall defend, pay, indemnify and hold harmless City,
its officers, officials, employees, agents, invitees, and volunteers (collectively "City
Parties") from all claims, suits, actions, damages, demands, costs or expenses of any
kind or nature by or in favor of anyone whomsoever and from and against any and all
costs and expenses, including without limitation court costs and reasonable attorneys'
fees, resulting from or in connection with loss of life, bodily or personal injury or property
damage arising directly or indirectly out of or from or on account of:
a. Any occurrence upon, at or from City Property or occasioned wholly or in part by
the entry, use or presence upon City Property by Bikeshare Vendor or by anyone
making use of City Property at the invitation or sufferance of Bikeshare Vendor,
except such loss or damage which was caused by the sole negligence or willful
misconduct of City.
b. Use of Bikeshare Vendor's bikes by any individual, regardless of whether such
use was with or without the permission of Bikeshare Vendor, including claims by
users of the bikes or third parties.
11. Insurance. Bikeshare Vendor shall procure and maintain for the duration of this
agreement insurance against claims for which Bikeshare Vendor has indemnified the
City pursuant to Section 5 of this Agreement. Bikeshare Vendor shall maintain general
liability and automobile liability insurance policies with limits of no less than one million
dollars ($2,000,000.00) per occurrence for bodily injury or death, personal injury and
property damage, and two million dollars ($2,000,000.00) aggregate. Each insurance
policy shall name the City as an additional insured and it shall be endorsed to state that:
(i) coverage shall not be suspended, voided, or cancelled by either party, or reduced in
coverage or in limits except after thirty (30) calendar days prior written notice by certified
mail, return receipt requested, has been given to City; and (ii) for any covered claims,
the Bikeshare Vendor's insurance coverage shall be primary insurance as respects the
City and any insurance or self-insurance maintained by the City shall be in excess of the
Bikeshare Vendor's insurance and shall not contribute with it. The insurance required to
be provided herein, shall be procured by an insurance company approved by City, which
approval shall not be unreasonably withheld. Additionally, before Bikeshare Vendor shall
employ any person or persons in the performance of the Agreement, Bikeshare Vendor
shall procure a policy of workers' compensation insurance as required by the Labor
Code of the State of California, or shall obtain a certificate of self-insurance from the
Department of Industrial Relations.
12. Compliance with Law. Bikeshare Vendor at its own cost and expense, shall comply with
all statutes, ordinances, regulations, and requirements of all governmental entities
applicable to its use of City Property and the operation of its bike share program,
including but not limited to laws governing operation of bicycles. If any license, permit,
or other governmental authorization is required for Bikeshare Vendor's lawful use or
occupancy of City Property or any portion thereof, Bikeshare Vendor shall procure and
maintain such license, permit and/or governmental authorization throughout the term of
·. North County Coastal Bikeshare -Request for Information 14
May 7, 2019 Item #9 Page 22 of 88
this Agreement. City shall reasonably cooperate with Bikeshare Vendor, at no additional
cost to City, such that Bikeshare Vendor can properly comply with this Section and be
allowed to use City Property as specified in Section 4, above.
13. Business License. Bikeshare Vendor is required to obtain and maintain a City Business
License during the duration of this Agreement.
14. Required Reports. Bikeshare Vendor shall provide reports to the City concerning
utilization of its bikes and bike route usage not less than monthly, and shall cooperate
with the City in the collection and analysis of any aggregated data concerning its
operations.
15. No Joint Venture. Nothing herein contained shall be in any way construed as
expressing or implying that the parties hereto have joined together in any joint venture
or liability company or in any manner have agreed to or are contemplating the sharing of
profits and losses among themselves in relation to any matter relating to this
Agreement.
16. Termination. This Agreement may be terminated prior to the expiration date set forth in
Section 1, above, upon the occurrence of any of the following conditions:
a. Upon delivery of written notice from City to the Bikeshare Vendor terminating this
agreement for any reason, or for no reason, by giving at least sixty (60) days'
notice to the Bikeshare Vendor of such termination.
b. An attempt to transfer or assign this Agreement.
Bikeshare Vendor shall not terminate this Agreement without first by giving at least 180
days' written notice of plans for termination.
17. Amendment. This Agreement may be amended by mutual agreement of the parties.
Such amendments shall only be effective if incorporated in written amendments to this
agreement and executed by duly authorized representatives of the parties.
18. Applicable Law and Venue. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement. Any action to interpret or enforce the
terms or conditions of this Agreement shall be brought in the Superior Court for the
County of San Diego, or in the United States District Court for the Southern District of
California. Bikeshare Vendor hereby waives any right to remove any such action from
San Diego County as is otherwise permitted under California Code of Civil Procedure
Section 394.
19. Counterparts. This Agreement may be executed simultaneously or in any number of
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same agreement.
North County Coastal Bikeshare -Request for Information 15
May 7, 2019 Item #9 Page 23 of 88
IN WITNESS WHEREOF THE PARTIES HERETO have executed this Agreement on
date first above written.
CITY OF ENCINITAS BIKESHARE VENDOR
Karen Brust, City Manager [Title]
Date Date
ATTEST:
City Attorney
North County Coastal Bikeshare -Request for Information 16
May 7, 2019 Item #9 Page 24 of 88
Exhibit A
Description of Bikeshare Vendor's Service Level Agreement
The following performance indicators shall be met and reported to help the City measure our
success serving its citizens and improving the livability and mobility of Encinitas. Bikeshare
Vendor will maintain its bikes to be in an excellent state of cleanliness and repair, with a
minimum of 90% of deployed bikes operable at any time.
Performance
Indicator Description Measurement
Tool
App & customer Reservation
service rt t f II Uptime suppo sys em u y reporting
portal operational
Minimum Performance
Standard
99.5% uptime.
Reporting
Frequency
monthly
Bicycle
distribution
Maps identifying Maps showing Fleet will focus on serving
trends in peak aggregate the City of Encinitas monthly
Bicycles
service
Report-
responsive
bike distribution usage patterns
in # of bikes
service
in Daily uptime
Response time
to improper bike
parking / other
problems
communicated
to Customer
Service
reports
Time relative
to report logs
North County Coastal Bikeshare -Request for Information
Implement a phased
deployment of up to 600
bicycles in service in
Encinitas in any calendar
month. The initial
deployment will be
coordinated with the City monthly
as it to scales up to the
600 bike level. Number of
bicycles may be increased
or decreased based on
usage data and City
approval.
Within two (2) hours during
business hours between
8am to 8pm Monday
through Friday except for
State and Federal
holidays. Direct 24/7
contact line for true
emergencies, either by month1Y
phone, text, and/or email
For any complaint outside
of business hours, within
two hours (2) of start of
business hours
17
May 7, 2019 Item #9 Page 25 of 88
L
WHO IS GOTCHA
WE BELIEVE MOBILITY IS FREEDOM .
•
•
Gotcha creates a world where people lead happier, more productive lives through
the transformative power of sustainable, accessible transportation.
Gotcha is a mobility-as-a-service company, offering customized first-mile/last-
mile micro transit solutions for cities and universities through bike, ride, and
scooter share systems.
• Mobility as a Service "MaaS" is a combination of transportation services within a
given territory that provides holistic and optimal travel options.
d 0
May 7, 2019 Item #9 Page 27 of 88
Exhibit 3
City of _____ Pilot Bike Share Program
Operator License Agreement
This Pilot Bike Share Program Operator License ("Agreement") is made this _th day of
______ 2019, by and between the City of ____ ("City") and Gotcha Ride, LLC
("Operator").
RECITALS
1. A goal of City is to provide safe and affordable multi-modal transportation options to all
residents, reduce traffic congestion, and maximize carbon free mobility.
2. Consistent with that goal, City has adopted Chapter _, of Title _ of the City of
______ Municipal Code for the implementation of a Pilot Bike Share Program,
· under the provisions contained therein .
3. Operator is in the business of constructing and providing shared mobility products
("Assets") and services for municipalities, colleges, and universities throughout the United
States, and has developed a proprietary shared mobility platform with access to related
proprietary software, hardware, ongoing maintenance services, and expansion assistance
(the "Business").
4. Consistent with Chapter_, City has selected Operator as the Operator under the Pilot
Bike Share Program, to establish and maintain a shared mobility platform using Service
Provider Assets ("Services") on the City premises (the "Premises"), and Operator is willing
to perform and maintain the Services on the Premises, under the terms and conditions
hereinafter set forth.
5. Operator will abide by all federal, state, local and City ordinances and rules governing the
use of public space to efficiently and effectively provide Bike Share services.
6. Operator possesses GPS, 3G, and self-locking technology in its bike fleet such that Bikes,
as defined by Chapter_, may be locked and opened by users with a mobile application
("App") and tracked to provide for effective operations and maintenance.
AGREEMENT
1. Term. This Ag reement is effective for one year from the date the first user ride is taken
hereafter referred to as Launch Date ("I nitial Term"). At the conclusion of the Pilot Bike
Share Program Term, the Agreement may be extended by mutual written agreement of
the parties for additional terms, as may be negotiated ("Renewal Term"), subject to any
new terms agreed between the parties.
2. Exclusive Operator During Pilot Program Term. Consistent with Chapter _, City
designates Operator as the exclusive Operator of Bike Share services within its Public
Areas and Public Right-of-Way. This designation is personal to Operator and may not
be assigned or transferred, except as provided herein. This exclusivity provision shall
expire and not be renewed past the Initial Term unless agreed in writing by the parties.
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May 7, 2019 Item #9 Page 41 of 88
3. Use of City Property. City authorizes Operator to use City property, including, but not
limited to, public right-of-way that is suitable for Bike Share parking and Public Areas
and Public Right of Way (as defined in Chapter _) ("City Property") solely for the
purposes set forth in this Agreement. This authorization is not a lease or an easement
and is not intended and shall not be construed to transfer to Operator any real property
interest in City Property.
4. Licensed Use. Operator customers may use City Property solely for parking of Bikes (as
defined by Chapter_) owned and maintained by Operator for use in the bike share
program. Operator will work with City to deploy Bikes using a phased approach.
Operator will place the approved volume of Bikes on City Property for its bike share
services and throughout the term of the agreement and shall rebalance Bikes consistent
with this Agreement. If at any time during the term of the Agreement Operator desires
to place additional Bikes within the City limits, · Operator must request and receive
authorization from the City to do so in writing. The City has the sole discretion to expand
the number of Bikes in operation by the Operator. During the Agreement term, Operator
may request an increase or decrease in the number of Bikes, with
explanation/justification. Within thirty (30) business days of such request, City will in
good faith consider Operator's request and advise, but sole discretion to accept, reject
or select an increase remains with City. Operator shall not place or attach any personal
property, fixtures, or structures to City Property without the prior written consent of City.
a. Operator's use of City Property and Operator's operations within the City, shall,
at a minimum: a) not constitute Prohibited Conduct under Chapter_; b) not
adversely affect City Property or the City's streets, or sidewalks; c) not adversely
affect the property of any third parties; d) not inhibit pedestrian or vehicular
movement, as applicable, within City Property or along other property or rights-
of-way owned or controlled by the City; e) not create conditions which are a threat
to public safety and security. Operator shall instruct its customers not to park or
leave any bicycle on City Property where the Bikes would impede pedestrian or
vehicular traffic, where only automobile parking is allowed, and where bicycle
parking is prohibited.
b. Upon expiration of this Agreement or termination of this Agreement with or
without cause, Operator shall, at its sole cost and expense, remove all Bikes from
operation within seven (7) calendar days. Further, Operator shall restore all City
Property, within sixty (60) days. Operator shall restore City Property to a condition
which is visually and structurally indistinguishable from the immediately
surrounding area. If the facility repair, replacement or restoration is not feasible
to be completed in sixty (60) days, Operator will so advise City within thirty (30)
days of Agreement termination or expiration of Agreement term and provide City
with a written plan for restoration, not to exceed an additional thirty (30) days.
Should Operator fail to collect Bikes, repair, replace or otherwise restore such
real or personal City property within the time limitations set forth in this Paragraph,
City shall have the right to collect and store all Bikes. If Operator does not take
possession of its Bikes within thirty (30) days of the expiration of the Agreement
term of termination, Bike ownership transfers to City, which may dispose of Bike
in any manner, at its discretion. Operator expressly agrees to reimburse City for
any Bike collection and disposal costs or in making facility repairs, replacements
or restorations. All Operator contractual obligations, including indemnity and
insurance obligations shall remain in effect and apply until all Bikes are removed
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May 7, 2019 Item #9 Page 42 of 88
and all City Property is restored.
5. Bike Fleet. At the time of system launch, Operator shall not deploy more than 200 Bikes
in the City. Bike share fleet size to be assessed by City and Operator on a monthly basis
prior to determining expansion or reduction. At least 50% of the Bikes must be
electric/pedal-assist. Approximately 80% of the total bike share fleet, should be
deployed/in service at all times. Operator and City shall have the ability to add additional
Assets to this agreement as provided in paragraph 4, upon written mutual agreement.
6. Bike Equipment. The Operator shall ensure each operable bicycle is equipped with
adjustable seats for riders of a wide range of heights, multiple gears that can handle
coastal foothills, rechargeable battery (as applicable), a cargo basket, automatic front and
rear lights that run day and night, and a real-time, recordable on-board Geographic
Positioning System (GPS). The Operator shall feature the ability to reserve a bike in
advance of the bike rental period. Operator Bikes shall meet the safety standards outlined
in the International Standardization Organization (ISO) 43.150 -Cycles , as well as the
standards outlined in Code of Federal Regulations Title 16, Chapter II , Subchapter C,
Part 1512 -Requirements for Bikes. In addition, all Bikes shall meet the standards
established in CVC section 21201 , including for lighting during operation in darkness
Electric-assist Bikes shall be "Class 1" or "Class 2" electric Bikes only, as defined in
California Vehicle Code (CVC) Section 312.5.
7. Bike Parking. The Operator, in coordination with the City, shall establish preferred bike
parking locations using Bike racks/hubs, gee-fencing technology, painting, decals,
signage, and/or other City authorized methods.
a. Bike racks/hubs are to be strategically distributed to support efficient and effective
bicycle riding to residential and commercial destinations and other points of
interest throughout the City.
b. Bike parking may be located in City ri.ght-of-way at the discretion of the City and/or
on private property at the discretion of the property owner and approval of the City.
c. Operator shall encourage and incentivize Bikes to be parked in preferred parking
areas, the location of which shall be determined by the City in coordination with
Operator.
d. Operator shall provide clear guidance for users regarding parking requirements
and preferences.
e. The City, at its own discretion, may support the Pilot Bike Share Program with the
installation of Bike racks and/or painted Bike parking spots, and recommended
Bike parking spots, without racks or painting, in the City to assist with the orderly
parking of Bikes throughout the City.
8. Condition of City Property.
a. City makes City Property, including , but not limited to City Public Areas and Public
Right of Way (as defined in Chapter _) available to Operator in an "as is"
condition. City makes no representations or warranties concerning the condition
of City Property or its suitability for use by Operator or its customers and assumes
no duty to warn either Operator or its customers concerning conditions that exist
now or may arise in the future.
b. City assumes no liability for loss or damage to Operator's Bikes or other property.
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Operator agrees that City is not responsible for providing security at any location
where Operator's Bikes are stored or located, and Operator hereby waives any
claim against City in the event Operator's Bikes or other property are lost or
damaged.
9. Maintenance and Care of portion of City Property. Operator shall be solely responsible
for: (i) maintaining City Property to the City standards applicable for use by the Operator
as licensed under Section 3 and City Ordinance Chapter _; and (ii) obtaining from the
City any applicable business permits or approvals required by the City. Operator shall
exercise due care in the use of City Property and shall be responsible for maintaining City
Property in good condition and repair. Operator shall not act, or fail to act, in any way
that result in excessive wear or damage to City Property. Operator expressly agrees to
repair, replace or otherwise restore any part or item of real or personal City property that
is damaged, lost or destroyed as a result of the Operator's use of City Property. The
obligations under this Section apply to all City facilities, infrastructure, or appurtenances
located on City Property.
10. Operations and Maintenance. Operator will cover all operation and maintenance costs for
the Bike fleet. Operation and maintenance shall be performed to the minimum level of
service and reporting outlined in 1 0a-b. Operator shall retain local staff level sufficient to
meet minimum levels of service required by this Agreement, including but not limited to,
proper bike maintenance, e-bicycle charging, and rebalancing the distribution of Bikes,
as needed. Operator is encouraged to seek and make agreements with local bicycle
repair shops for repair and maintenance services, upon approval by the City, which
approval shall not be unreasonably withheld.
a. Operator must be able to ensure that all devices deployed are in good working
order, clean, and safe to operate. Operators must share their system maintenance
strategy and process with the City both prior to operations, and upon further
request by the City. Maintenance should include:
• Regular device inspection for wear and tear, and stress-based damage that
could lead to failure.
• Maintenance and repair consistent with or exceeding manufacturer's
recommendations.
• Immediate replacement of worn or damaged parts.
• Maintaining adequate charge on all Bike electric batteries, both for daily use
and a strategy for long-term battery replacement, as necessary.
b. Operator shall maintain a record of its inspection, maintenance, and repair efforts,
and preventative maintenance schedule, which will be made available to the City
upon request. Devices that are not operable must be removed from the system
promptly, including inoperability due to battery or electrical system failure
communications failure, or other systems and software failures. Inoperable
devices, or any device that is not safe to operate, shall be removed or made un-
available to the public via device lock-down within two hours of notification.
11. Customer Service Requirements. Operator shall promptly respond to the reporting of
improperly parked Bikes or other issues communicated to customer service or the City.
Required response times are within two hours during business hours (8 a.m. to 8 p.m.,
Monday through Friday) except for State and Federal holidays. For any complaint outside
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of business hours, Operator must respond within two hours of the start of business hours.
A 24/7 direct method of contact (e.g., phone, email, text) must be provided to report
emergencies.
12. Bike Share User Education and Outreach. In cooperation and approval of the City,
Operator must establish clear rules for safe Bike use, including in-App notification to users
and marketing regarding California bicycle laws, Bike etiquette, Bike safety, proper Bike
parking, and preferred Bike parking locations. Operator must collaborate with the City to
conduct public outreach and education efforts to support Pilot Bike Share Program launch
while promoting a strong partnership. ·
a. Operator must incorporate Bike user education messaging at the time of service
sign-up.
b. Users must be notified of Bike Program etiquette at the start of every rental.
c. Each Bike must clearly display safety information.
d. Operator must regularly make available Bike etiquette and safety information
updates to users including Bike parking rules, incentives, and designated Bike
parking area through the App.
13. Advertising Policies. Operator shall have the right to provide commercial advertisement
on the Bikes and equipment ("Advertisement"). If Operator advertises on the Bike and
equipment, any Advertisement must be pre-approved by City Manager or his or her
designee before they are installed, affixed or otherwise included on any Bike or
equipment. At least fifteen (15) days before Operator intends to install, affix or include
any Advertisement, Operator shall submit to City a photorealistic color mock-up in
readable electronic format (.pdf preferred) depicting the entire intended advertisement
design and content on the Operator bicycle and/or equipment (including, bike racks, signs
and kiosks). In addition, Operator shall submit to City the name of advertiser, advertiser
brand and advertiser trade. The City shall have thirty (30) days after submission to
approve or disapprove of the Advertisement. If City does not approve or disapprove within
the timeframes herein, the Advertisement as submitted shall be deemed approved for
use. For the avoidance of doubt Gotcha branding on any Bike or equipment shall not be
deemed advertising for the purposes of this section and shall be deemed approved upon
execution of this Agreement. Nothing herein shall entitle the City to any revenue
generated from any Advertisement.
14. User Fees. In consideration of the provision of the services by Operator, City shall permit
Operator to directly bill and collect from users' various fees to utilize the services,
including but not limited to, reasonable monthly and annual membership fees, pay as you
go fees and penalty fees ("User Fees"). Nothing herein shall entitle the City to any revenue
generated from User Fees.
15. Equity. Operator must make every reasonable attempt to operate the Pilot Bike Share
Program as equitably as possible, including when placing and . rebalancing Bikes
throughout the City, setting pricing and payment options for low-income users, and
providing customer service/responding to complaints. Operator is to consider leveraging
the local workforce as an equity component of the pilot. In addition to equitable Bike
distribution, it is desirable that the Operator offers a means of accessing devices that do
not require the use of a smartphone and/or access to a credit or debit card.
16. Business License. The Operator must register as a business operating within the City.
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Information about the City's Business Registration Program may be found here:
17. Indemnification. Operator shall immediately defend, pay, indemnify and hold harmless
City, its officers, officials, employees, agents, invitees, and volunteers (collectively "City
Parties") from any and all claims, suits, actions, damages, demands, costs or expenses
of any kind or nature by or in favor of anyone whomsoever and from and against any and
all costs and expenses, including without limitation court costs and reasonable attorneys'
fees, resulting from or in connection with loss of life, bodily or personal injury or property
damage arising directly or indirectly out of or from or on account of:
a. Operator's services and obligations under this Agreement, including but not
limited to, any occurrence upon, at or from City Property, including, but not limited
to, Public Areas and Public Right of Way (as defined in Chapter _) or
occasioned wholly or in part by the entry, use or presence upon City Property by
Operator, Bike user or by anyone making use of City Property under this
Agreement, except such loss or damage which was caused by the sole
negligence or willful misconduct of City.
b. Use of Operator's Bikes by any individual, regardless of whether such use was
with or without the permission of Operator, including claims by users of the Bikes
or third parties.
c. Any claims or suit brought under the American's with Disabilities Act (ADA),
Rehabilitation Act, Unruh Civil Right Act, or other asserted provisions of law or
regulation related to disability rights and access.
18. Insurance. Operator shall procure and maintain for the duration of this agreement
insurance against claims for which Operator has indemnified the City pursuant to Section
17 of this Agreement and otherwise arising from Operator services and obligations
performed under this Agreement. Operator shall maintain general liability and automobile
liability insurance policies with limits of no less than one million dollars ($1,000,000) per
occurrence for bodily injury or death, personal injury and property damage, and two
million dollars ($2,000,000) aggregate and a minimum per occurrence excess liability
umbrella of $5,000,000. Each insurance policy shall name the City as an additional
insured and it shall be endorsed to state that: (i) coverage shall not be suspended, voided,
. or cancelled by either party, or reduced in coverage or in limits except after thirty (30)
calendar days prior written notice by certified mail, return receipt requested, has been
given to City; and (ii) for any covered claims, the Operator's insurance coverage shall be
primary insurance as respects the City and any insurance or self-insurance maintained
by the City shall be in excess of the Operator's insurance and shall not contribute with it.
All insurance required herein is to be placed with insurers with a current AM. Best's rating
of no less than A:VII, unless otherwise acceptable by City, and must be authorized to
conduct business in the state of California, or approved by the Surplus Lines Association
to do business in California. Additionally, before Operator shall employ any person or
persons in the performance of the Agreement, Operator shall procure a policy of workers'
compensation insurance as required by the Labor Code of the State of California or shall
obtain a certificate of self-insurance from the Department of Industrial Relations.
19. User Agreement. Prior to use, Operator shall obtain an affirmative signature or box check
from each Bike rider as a condition for Bike use, which shall release and relinquishes and
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discharge the City and its elected and appointed officials, officers, employees, agents,
contractors, and volunteers from any and all claims, demands, disputes, losses, liabilities,
debts, liens, charges, penalties, proceedings, causes of action and damages including
for personal injury, wrongful death, property damage, and injury to rider or to third parties
(Collectively, "Claims"), including unknown or unanticipated claims, which arise from or
are related directly or indirectly to this agreement or the rental, maintenance, design,
placement, use and/or operation of the Operator's equipment, including the Bikes, Bike
hubs, Apps, or the Operator's website, including any and all claims related to a condition
of City property and adjacent property or the sole or partial negligence of the City, or any
other party. Rider must expressly waive any claims against the City which rider does not
know or suspect to exist in his or her favor at the time of renting a Bike, and expressly
waivers rider's rights under any statues that purport to preserve rider's unknown claims.
20. Compliance with Law. Operator at its own cost and expense, shall comply with all
statutes, ordinances, regulations, and requirements of all governmental entities
applicable to its use of City Property and the operation of the Pilot Bike Share Program,
including but not limited to laws governing operation of Bikes. If any license, permit, or
other governmental authorization is required for Operator's lawful use or occupancy of
City Property or any portion thereof, Operator shall procure and maintain such license,
permit and/or governmental authorization throughout the term of this Agreement. City
shall reasonably cooperatewith Operator, at no additional cost to City, such that Operator
can properly comply with this Section and be allowed to use City Property as specified in
this Agreement and City Ordinance.
21. Data Sharing Requirements. Operator shall provide real-time and spatially enabled data
to the City summarizing Bike fleet status and Bike trip patterns. Operator also shall
cooperate with the City in the collection and analysis of any aggregated, historical data
concerning its fleet, ridership, and operations. Provided data must be robust enough to
inform planning and implementation of bikeways and supporting micromobility amenities.
Operator must also provide accurate monthly reports to the City describing system
operations and maintenance.
a. Operator must provide a standardized dashboard interface to support the City in
viewing, querying, and mapping data.
b. Operator shall provide City with real-time data in compliance with San Diego
Regional Micromobility Data Sharing Requirements 1 -11 (version 3, dated
1/24/19) available at www.sandag.org/micromobility.
c. Operator shall provide the City with the following aggregated summary of ridership
and operations data monthly:
i. Aggregated system usage data -including, but not limited to, total unique
riders, total miles ridden, total number of rentals, average rental duration,
and average reservation duration (if applicable). Operator shall provide
rider demographic characteristics (e.g., gender, age group), if available.
ii. Aggregated summary of Bike Share operations data -Operator shall keep
detailed records of vehicle maintenance activities, including but not limited
to: device identification number, maintenance performed, summary of
theft/vandalism, instances of improper bike parking, and detail on when
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devices are removed from/returned to service.
iii. Customer service data -Summary of customer service inqu1nes and
resolutions including, but not limited to: average Operator response time to
reports of improperly parked Bikes, number of devices reported to be an
obstruction hazard, problems with Operator's customer reporting system or
response efforts, or other Bike Share violation issues reported to
Operator's customer service channels.
iv. Collision/incident data -Summary of all incidents in which the Operator's
devices or personnel were involved in a collision, accident, injury, or
property damage. Data shall include the location, collision details, number
of riders, age, helmet use, property damage, and injury type. Operator must
disclose any incident resulting in injury within 24 hours of receiving notice.
d. Operator shall provide the City with the following bike share data quarterly:
i. User survey data capturing travel choice and rider behavior information.
Sample size, survey questions, and survey distribution method to be jointly
determined with the City. If de-identified demographic data is not collected
via the Bike Share system or mobile app then user surveys may be
leveraged to collect gender and age cohort information, at minimum.
22. Data Security. Operator must protect user's personal information. Finance transactions
must be secure and PCI compliant. Operator should provide their most recent 3rd party
PCI audits. Personal data should be protected using industry accepted encryption, and
customer permission is sought before sharing data with a third party. Auto renewal
procedures should comply with state and federal standards. Operator is required to
follow all local, state, and federal laws and regulations with respect to personally
identifiable information and credit card information. It is strongly preferred that Operator
does not resell users' personally identifiable information. If the Operator engages in such
a practice, then it is preferred that a) this is communicated clearly and transparently to
users, and b) users have a clear means of opting out if they do not want their data sold.
23. Public Record. This Agreement, related documentation and data submissions required
by the Agreement are subject to the disclosure under the California Public Records Act
(CPRA) unless a statutory exception applies. It shall be the obligation of Operator to
assert any statutory exception in the event of a CPRA request. Operator assertion of a
statutory exception from disclosure shall be at Operator's sole expense. Operator shall
fully reimburse City for all City attorney's fees, costs or expenses of any kind related to
or arising from Operator's assertion of a statutory exception.
24. • No Joint Venture. Nothing herein contained shall be in any way construed as expressing
or implying that the parties hereto have joined together in any joint venture or liability
company or in any manner have agreed to or are contemplating the sharing of profits and
losses among themselves in relation to any matter relating to this Agreement.
25. Termination. This Agreement may be terminated prior to the expiration date set forth in
Section 1, above, upon the occurrence of any of the following conditions:
a. Termination for No Cause. The City may, in its sole discretion, terminate this
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Agreement for any reason, or for no reason (no cause). If City chooses to
exercise this option, written notice shall be delivered to Operator, by giving at
least ninety (90) calendar days' notice to the Operator of such no cause
termination. Operator, at City's discretion, shall continue to operate its Bike share
services during the ninety (90) day no cause termination period. The bike and
facilities removal requirements set forth in Paragraph 4(b) shall apply.
b. Termination for Cause. The City shall also have the right to terminate this
Agreement for Cause. "Cause" is defined as a material breach by Operator of any
contract term or attempt by Operator to transfer or assign this Agreement
inconsistent with Agreement terms. Before a termination for Cause, City shall
transmit to Operator a Notice of Intended Termination for Cause, identifying with
sufficient detail each material breach. Upon receipt, Operator shall have fourteen
(14) calendar days to cure each material breach to City satisfaction. Operator's
failure to cure each material breach within the fourteen (14) day cure period shall
result in immediate termination of this Agreement for Cause. Upon a termination
for Cause, the Bike and facilities removal requirements set forth in Paragraph 4(b)
shall apply.
c. Operator shall not terminate this Agreement without first by giving at least sixty
(60) calendar days' written notice of termination, including termination date. If
Operator terminates the Agreement, the bike and facilities removal requirements
set forth in Paragraph 4(b) shall apply.
26. Amendment. This Agreement may be amended by mutual agreement of the parties.
Such amendments shall only be effective if incorporated in written amendments to this
agreement and executed by duly authorized representatives of the parties.
27. Applicable Law and Venue. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement. Any action to interpret or enforce the
terms or conditions of this Agreement shall be brought in the Superior Court for the
County of San Diego, or in the United States District Court for the Southern District of
California. Operator hereby waives any right to remove any such action from San Diego
County as is otherwise permitted under California Code of Civil Procedure Section 394.
28. Counterparts. This Agreement may be executed simultaneously or in any number of
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same agreement.
29. Assignment. Operator may assign this Agreement and its rights and obligations
hereunder to a successor entity, in whole or in part, upon written notice and consent by
City, which such City consent will not be unreasonably withheld. Operator shall notify
City no later than thirty (30) days before such assignment occurs. Prior to City consent,
Operator shall provide City with .the successor entity name, principal place of business,
point of contact and reasonable evidence that the successor entity is financially and
organizationally able to meet the Agreement obligations. Prior to City consent, City shall
receive a certificate of insurance of the successor entity consistent with the requirements
of this Agreement and written assurances from the successor entity that it is aware of and
accepts the obligations of the Agreement. Nothing herein shall be construed to prevent
Operator from delegating its duties hereunder to its affiliates, provided that Operator in
any event shall remain responsible for its obligations hereunder irrespective of any such
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delegation. Operator shall notify City no later than thirty (30) days before such delegation
occurs. In such notice, Operator shall provide City with the delegated affiliate name,
duties delegated, delegate principal place of business, delegate point of contact and
reasonable evidence that the delegate is financially and organizationally able to meet the
duties delegated. Further, Operator is to provide City proof that the delegate is insured
consistent with the terms of this agreement. Operators failure to meet the obligations
under this paragraph is a material breach.
30. Entire Agreement. When signed by both Parties, this Agreement (and any attached
exhibits) is the final and entire agreement. As the final and entire expression, this
Agreement supersedes all prior and contemporaneous oral or written communications
between the Parties, their agents, and representatives. There are no representations,
promises, terms, conditions, or obligations other than those contained herein .
31. Notices. All notices or demands of any kind required or desired to be given by the Parties
must be in writing and shall be deemed delivered upon depositing the notice or demand
in the United States mail, certified or registered, postage prepaid, or by acknowledged e-
mail or other verified receipt electronic communications, addressed to the respective
Party at the addresses shown below:
a. City Contact
b. Gotcha Ride, LLC, Attn: Brett C. Vigrass, 7 Radcliffe St., Charleston, SC 29403
IN WITNESS WHEREOF THE PARTIES HERETO have executed this Agreement on date first
above written.
CITY OF OPERATOR ------
______ , City Manager Sean Flood, CEO
Date Date
ATTEST:
City Attorney
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Exhibit A
Hub Locations
(To Be Determined)
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attractions and is beneficial to economic development. For these reasons, bike share programs
are rapidly launching in many cities in our region and around the nation. The north coastal cities
of San Diego County, with their large areas of level coastal terrain and large number of rail
stops, is uniquely positioned to benefit from a coordinated single-provider regional bike share
program, and to reap its benefits.
Interest in evaluating and pursuing bike share options for the City of Encinitas was initiated by
the City's Cultural Tourism Committee, which noted its benefits not only to the environment, but
to tourism and economic development. Understanding the continuity of the coastal corridor and
the advantages of selecting a single bike share service, the City of Encinitas approached
neighboring cities to discern their interest. A group was formed to include Del Mar, Solana
Beach, Encinitas, Carlsbad, Oceanside, NCTD, State Parks, Camp Pend.leton and SANDAG.
SANDAG has provided considerable assistance in helping to coordinate the project, and the
City of Encinitas has been the lead agency in preparing a Memorandum of Understanding
between the participating agencies, developing and processing the Request for Information, and
negotiating a model License Agreement with Gotcha.
On January 17, 2018, City Council unanimously approved the final Climate Action Plan (CAP)
update. The CAP establishes a number of strategies to achieve GHG emissions reduction goals
and targets, which include facilitating safe, convenient and affordable alternative transportation
options. Specifically, the CAP established the following supporting measure which aims to help
achieve Goal 4.1, Reduce Vehicle Miles Traveled:
• Develop a program to support car sharing and bike sharing for the community.
On March 14, 2018, City Council approved Resolution 2018-030 approving a Memorandum of
Understanding (MOU) to work towards establishing a pilot bike share program in partnership
with the cities of Del Mar, Solana Beach, Carlsbad and Oceanside, the San Diego Association
of Governments (SANDAG) and the North County Transit District (collectively known as Parties)
(Attachment 2). Through this partnership the Parties agreed to seek a single bike share
operator to operate within the north coastal San Diego region to achieve economies of scale, to
reduce conflicts between competing operators, and to provide optimal convenience to users
renting a bicycle in one jurisdiction and terminating the rental in another jurisdiction. Thus far,
the Cities of Del Mar and Solana Beach have joined the City of Encinitas in entering into this
MOU.
On April 5, 2018, a Request for information was issued seeking interested operators to operate
a bike share program in the north county coastal area.
On April 23, 2018, the City of Encinitas held a public meeting soliciting input on a possible
bikeshare program from the public. Members from Bike-Walk Encinitas, the mainstreet
associations, and various bike retail stores were in attendance.
On May 4, 2018, the City received proposals from six (6) bike share operators with an interest to
deploy and operate a bike share program in the north county coastal region. Proposals were
received from the following operators: BCycle, DecoBike, CycloShare (operator of DecoBike),
Gotcha, LimeBike, Spin, and Ofo. Each proposal was evaluated based on the following criteria:
1. Experience of the operator and proposed staff
2. Approach to the project
3. Availability and proposed use of technology and methodologies
4. Capability to perform
5. Relevant experience
6. Innovation
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On March 13, 2019, Encinitas City Council adopted Ordinance 2019-02 "An Ordinance of the
City Council of the City of Encinitas, California Adding Chapter 9.55 to the Encinitas Municipal
Code Regarding Pilot Shared Mobility Program." Ordinance 2019-02 was added to the
Encinitas Municipal Code (EMC) on April 12, 2019 as Chapter 9.55. EMC Chapter 9.55
regulates shared mobility services and enables the City of Encinitas to implement a,pilot bike
share program to be operated by a single bike share licensee. The licensee is allowed to
deploy unpowered bicycles and/or "Class 1" or "Class 2" electric powered bicycles within the
City, subject to a negotiated license agreement approved by City Council. Being that shared
mobility devices are still a new, evolving and untested mode of transportation within the City, the
ordinance enables the City to more accurately gauge the scope and scale of their impact on City
rights of way, public and businesses and potential benefit to shared mobility users.
ANALYSIS:
With EMC Chapter 9.55 in place and after thorough review of the bike share operator proposals,
including in-person interviews, reference checks and follow-up conversations, staff from the
partner cities selected Gotcha Ride LLC as the preferred operator for the North County Coastal
Pilot Bike Share Program.
Gotcha will provide the City of Encinitas with 200 3-speed electric assist bikes and
approximately 25-30 bike hubs. All Gotcha bikes are equipped with a GPS enabled smart lock,
magnesium alloy wheels, solid inner tube tires, an adjustable seat, carbon fiber belt drive,
automatic front and rear lights, and a front storage bucket.
Gotcha's bike share program is unique compared to some of the other bike share programs
operating in the San Diego County region. The main attribute that sets them apart is their focus
on clutter-free operation. Their model includes designated hubs where bikes are picked up and
returned and their bikes include lock-to technology. The system is managed using sophisticated
software that knows the location and level of battery power of each bike at all times. Gotcha
utilizes state-of-the-art GPS technology and geofencing capabilities to manage and promote
proper bike parking. Using a smart phone app in real time, Gotcha communicates with users on
appropriate parking and hub locations. Gotcha provides incentives for users who park in
designated hub locations and disincentives for users who park improperly and/or outside of a
hub location. The North County Coastal Pilot Bike Share Program will include a dedicated
Gotcha support team that will rebalance, organize, maintain, and replace the batteries on the
bikes daily. This combination of technology, features, and support will yield a predictable,
organized, and reliable bike share experience (Attachment 2).
Gotcha funds its program through user fees and through sponsorships by companies which will
receive advertising space on the bike hubs. City staff will ensure ads are consistent with the
City's advertising policy.
The license agreement negotiated with Gotcha will include the following terms to enhance the
benefits of bike share while mitigating potential nuisance, risk, and City liability:
• A limit to the number of bikes deployed
• . Required robust geofencing incentives to mitigate the potential that bikes could be
misplaced on sidewalks, roads, or other places
• Required rapid response time from Gotcha if complaints are received or issues occur
• Sufficient staffing to support management of the bike fleet, including maintaining the
bikes in good working order, replacing bike batteries in a timely manner, and rebalancing
the distribution of the bikes as needed
• Bike share data to be provided to the City to help manage and assess the pilot program
and plan future bike infrastructure based on riding patterns
• Liability for operation of the bike share program placed solely with Gotcha
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• Requires the operator to establish clear rules for bike share use, including notification to
users and marketing regarding bicycle laws, bike etiquette, and bike safety
• Requires selection of sponsors to be approved by the City in accordance with the City's
advertising policy
• Limited, 1-year agreement term to allow time to assess the success of the program and
consider extension of the program if successful
Gotcha has indicated they can launch the pilot bike share program by the beginning of this
summer with enough time factored in to conduct a robust community outreach program.
After the pilot period is complete, City staff will return to council to present the results of the pilot
bike share program.
Through Gotcha's proposal, City staff learned of a complimentary ride share program that is
offered by Gotcha. Gotcha operates a fleet of Neighborhood Electric Vehicles that can be
deployed to supplement a city's traditional public transit system, picking up riders on-demand
and driving them to their desired destination. Such a program would help to solve the "first/last
mile" issue often associated with taking public transit. City staff is currently evaluating this
opportunity and similar opportunities and will return to Council with a recommendation.
ENVIRONMENTAL CONSIDERATIONS:
The action being considered by the City Council is exempt from the California Environmental ·
. Quality Act (CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result
in the direct or indirect physical change in the environment.
The action being considered is related to the Climate Action Plan, supporting Goal 4.1: Reduce
Vehicle Miles Traveled.
ATTACHMENTS:
1. License Agreement
2. Gotcha Bike Share Features
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Attachment 1
City of Encinitas Pilot Bike Share Program
Operator License Agreement
This Pilot Bike Share Program Operator License ("Agreement") is made this _th day of
______ 2019, by and between the City of Encinitas ("City") and Gotcha Ride, LLC
("Operator").
RECITALS
1. A goal of City is to provide safe and affordable multi-modal transportation options to all
residents, reduce traffic congestion, and maximize carbon free mobility.
2. Consistent with that goal, City has adopted Chapter 9.55, of Title 9 of the Encinitas
Municipal Code for the implementation of a Pilot Bike Share Program, under the provisions
contained therein.
3. Operator is in the business of constructing and providing shared mobility products
("Assets") and services for municipalities, colleges, and universities throughout the United
States, and has developed a proprietary shared mobility platform with access to related
proprietary software, hardware, ongoing maintenance services, and expansion assistance
(the "Business").
4. Consistent with Chapter 9.55, City has selected Operator as the Operator under the Pilot
Bike Share Program, to establish and maintain a shared mobility platform using Service
Provider Assets ("Services") on the City premises (the "Premises"), and Operator is willing
to perform and maintain the Services on the Premises, under the terms and conditions
hereinafter set forth.
5. Operator will abide by all federal, state, local and City ordinances and rules governing the
use of public space to efficiently and effectively provide Bike Share services.
6. Operator possesses GPS, 3G, and self-locking technology in its bike fleet such that Bikes,
as defined by Chapter 9.55, may be locked and opened by users with a mobile application
("App") and tracked to provide for effective operations and maintenance.
AGREEMENT
1. Term. This Agreement is effective for one year from the date the first user ride is taken
hereafter referred to as Launch Date ("Initial Term"). At the conclusion of the Pilot Bike
Share Program Term, the Agreement may be extended by mutual written agreement of
the parties for additional terms, as may be negotiated ("Renewal Term"), subject to any
new terms agreed between the parties.
2. Exclusive Operator During Pilot Program Term. Consistent with Chapter 9.55, City
designates Operator as the exclusive Operator of Bike Share services within its Public
Areas and Public Right-of-Way. This designation is personal to Operator and may not
be assigned or transferred, except as provided herein. This exclusivity provision shall
expire and not be renewed past the Initial Term unless agreed in writing by the parties.
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3. Use of City Property. City authorizes Operator to use City property, including, but not
limited to, public right-of-way that is suitable for Bike Share parking and Public Areas
and Public Right of Way (as defined in Chapter 9.55.020) ("City Property") solely for the
purposes set forth in this Agreement. This authorization is not a lease or an easement
and is not intended and shall not be construed to transfer to Operator any real property
interest in City Property.
4. Licensed Use. Operator customers may use City Property solely for parking of Bikes (as
defined by Chapter 9.55.010) owned and maintained by Operator for use in the bike
share program.· Operator will work with City to deploy Bikes using a phased approach.
Operator will place the approved volume of Bikes on City Property for its bike share
services and throughout the term of the agreement and shall rebalance Bikes consistent
with this Agreement. If at any time during the term of the Agreement Operator desires
to place additional Bikes within the City limits, Operator must request and receive
authorization from the City to do so in writing. The City has the sole discretion to expand
the number of Bikes in operation by the Operator. During the Agreement term, Operator
may request an increase or decrease in the number of Bikes, with
explanation/justification. Within thirty (30) business days of such request, City will in
good faith consider Operator's request and advise, but sole discretion to accept, reject
or select an increase remains with City. Operator shall not place or attach any personal
property, fixtures, or structures to City Property without the prior written consent of City.
a. Operator's use of City Property and Operator's operations within the City, shall,
at a minimum: a) not constitute Prohibited Conduct under Chapter 9.55.040; b)
not adversely affect City Property or the City's streets, or sidewalks; c) not
adversely affect the property of any third parties; d) not inhibit pedestrian or
vehicular movement, as applicable, within City Property or along other property
or rights-of-way owned or controlled by the City; e) not create conditions which
are a threat to public safety and security. Operator shall instruct its customers
not to park or leave any bicycle on City Property where the Bikes would impede
pedestrian or vehicular traffic, where only automobile parking is allowed, and
where bicycle parking is prohibited.
b. Upon expiration of this Agreement or termination of this Agreement with or
without cause, Operator shall, at its sole cost and expense, remove all Bikes from
operation within seven (7) calendar days. Further, Operator shall restore all City
Property, within sixty (60) days. Operator shall restore City Property to a condition
which is visually and structurally indistinguishable from the immediately
surrounding area. If the facility repair, replacement or restoration is not feasible
to be completed in sixty (60) days, Operator will so advise City within thirty (30)
days of Agreement termination or expiration of Agreement term and provide City
with a written plan for restoration, not to exceed an additional thirty (30) days.
Should Operator fail to collect Bikes, repair, replace or otherwise restore such
real or personal City property within the time limitations set forth in this Paragraph,
City shall have the right to collect and store all Bikes. If Operator does not take
possession of its Bike,s within thirty (30) days of the expiration of the Agreement
term of termination, Bike ownership transfers to City, which may dispose of Bike
in any manner, at its discretion. Operator expressly agrees to reimburse City for
any Bike collection and disposal costs or in making facility repairs, replacements
or restorations. All Operator contractual obligations, including indemnity and
insurance obligations shall remain in effect and apply until all Bikes are removed ·
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and all City Property is restored.
5. Bike Fleet. At the time of system launch, Operator shall not deploy more than 200 Bikes
in the City. Bike share fleet size to be assessed by City and Operator on a monthly basis
prior to determining expansion or reduction. At least 50% of the Bikes must be
electric/pedal-assist. · Approximately 80% of the total bike share fleet, should be
deployed/in service at all times. Operator and City shall have the ability to add additional
Assets to this agreement as provided in paragraph 4, upon written mutual agreement.
6. Bike Equipment. The Operator shall ensure each operable bicycle is equipped with
adjustable seats for riders of a wide range of heights, multiple gears that can handle
coastal foothills, rechargeable battery (as applicable), a cargo basket, automatic front and
rear lights that run day and night, and a real-time, recordable on-board Geographic
Positioning System (GPS). The Operator shall feature the ability to reserve a bike_ in
advance of the bike rental period. Operator Bikes shall meet the safety standards outlined
in the International Standardization Organization (ISO) 43.150 -Cycles, as well as the
standards outlined in Code of Federal Regulations Title 16, Chapter II, Subchapter C,
Part 1512 -Requirements for Bikes. In addition, all Bikes shall meet the standards
established in eve section 21201 , including for lighting during operation in darkness
Electric-assist Bikes shall be "Class 1" or "Class 2" electric Bikes only, as defined in
California Vehicle Code (CVC) Section 312.5.
7. Bike Parking. The Operator, in coordination with the City, shall establish preferred bike
parking locations using Bike racks/hubs, geo-fencing technology, painting, decals,
signage, and/or other City authorized methods.
a. Bike racks/hubs are to be strategically distributed to support efficient and effective
bicycle riding to residential and commercial destinations and other points of
interest throughout the City.
b. Bike parking may be located in City right-of-way at the discretion of the City and/or
on private property at the discretion of the property owner and approval of the City.
c. Operator shall encourage and incentivize Bikes to be parked in preferred parking
areas, the location of which shall be determined by the City in coordination with
Operator. ·
d. Operator shall provide clear guidance for users regarding parking requirements
and preferences.
e. The City, at its own discretion, may support the Pilot Bike Share Program with the
installation of Bike racks and/or painted Bike parking spots, and recommended
Bike parking spots, without racks or painting, in the City to assist with the orderly
parking of Bikes throughout the City.
8. Condition of City Property.
a. City makes City Property, including, but not limited to City Public Areas and Public
Right of Way (as defined in Chapter 9.55.020) available to Operator in an "as is"
condition. City makes no representations or warranties concerning the condition
of City Property or its suitability for use by Operator or its customers and assumes
no duty to warn either Operator or its customers concerning conditions that exist
now or may arise in the future . •
b. City assumes no liability for loss or damage to Operator's Bikes or other proP,erty.
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Operator agrees that City is not responsible for providing security at any location
where Operator's Bikes are stored or located, and Operator hereby waives any
claim against City in the event Operator's Bikes or other property are lost or
damaged.
9. Maintenance and Care of portion of City Property. Operator shall be solely responsible
for: (i) maintaining City Property to the City standards applicable for use by the Operator
as licensed under Section 3 and City Ordinance Chapter 9.55; and (ii) obtaining from the
City any applicable business permits or approvals required by the City. Operator shall
exercise due care in the use of City Property and shall be responsible for maintaining City
Property in good condition and repair. Operator shall not act, or fail to act, in any way
that result in excessive wear or damage to City Property. Operator expressly agrees to
repair, replace or otherwise restore any part or item of real or personal City property that
is damaged, lost or destroyed as a result of the Operator's use of City Property. The
obligations under this Section apply to all City facilities, infrastructure, or appurtenances
located on City Property.
10. Operations and Maintenance. Operator will cover all operation and maintenance costs for
the Bike fleet. Operation and maintenance shall be performed to the minimum level of
service and reporting outlined in 1 0a-b. Operator shall retain local staff level sufficient to
meet minimum levels of service required by this Agreement, including but not limited to,
proper bike maintenance, a-bicycle charging, and rebalancing the distribution of Bikes,
as needed. Operator is encouraged to seek and make agreements with local bicycle
repair shops for repair and maintenance services, upon approval by the City, which
approval shall not be unreasonably withheld.
a. Operator must be able to ensure that all devices deployed are in good working
order, clean, and safe to operate. Operators must share th.eir system maintenance
strategy and process with the City both prior to operations, and upon further
request by the City. Maintenance should include:
• Regular device inspection for wear and tear, and .stress-based damage that
could lead to failure.
• Maintenance and repair consistent with or exceeding manufacturer's
recommendations.
• Immediate replacement of worn or damaged parts.
• Maintaining adequate charge on all Bike electric batteries, both for daily use
and a strategy for long-term battery replacement, as necessary.
b. Operator shall maintain a record of its inspection, maintenance, and repair efforts,
and preventative maintenance schedule, which will be made available to the City
upon request. Devices that are not operable must be removed from the system
promptly, including inoperability due to battery or electrical system failure
communications failure, or other systems and software failures. Inoperable
devices, or any device that is not safe to operate, shall be removed or made un-
available to the public via device lock-down within two hours of notification.
11. Customer Service Requirements. Operator shall promptly respond to the reporting of
improperly parked Bikes or other issues communicated to customer service or the City.
Required response times are within two hours during business hours (8 a.m. to 8 p.m.,
Monday through Friday) except for State and Federal holidays. For any complaint outside
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Information about the City's Business Registration Program may be found here:
http://www.encinitasca .gov/Business/Business-Registration
17. Indemnification. Operator shall immediately defend, pay, indemnify and hold harmless
City, its officers, officials, employees, agents, invitees, and volunteers (collectively "City
Parties") from any and all claims, suits, actions, damages, demands, costs or expenses
of any kind or nature by or in favor of anyone whomsoever and from and against any and
all costs and expenses, including without limitation court costs and reasonable attorneys'
fees, resulting from or in connection with loss of life, bodily or personal injury or property
damage arising directly or indirectly out of or from or on account of:
a. Operator's services and obligations under this Agreement, including but not
limited to, any occurrence upon, at or from City Property, including, but not limited
to, Public Areas and Public Right of Way (as defined in Chapter 9.55.020) or
occasioned wholly or in part by the entry, use or presence upon City Property by
Operator, Bike user or by anyone making use of City Property under this
Agreement, except such loss or damage which was caused by the sole
negligence or willful misconduct of City.
b. Use of Operator's Bikes by any individual, regardless of whether such use was
with or without the permission of Operator, including claims by users of the Bikes
or third parties.
c. Any claims or suit brought under the American's with Disabilities Act (ADA),
Rehabilitation Act, Unruh Civil Right Act, or other asserted provisions of law or
regulation related to disability rights and access.
18. Insurance. Operator shall procure and maintain for the duration of this agreement
insurance against claims for which Operator has indemnified the City pursuant to Section
17 of this Agreement and otherwise arising from Operator services and obligations
performed under this Agreement. Operator shall maintain general liability and automobile
liability insurance policies with limits of no less than one million dollars ($1,000,000) per
occurrence for bodily injury or death, personal injury and property damage, and two
million dollars ($2,000,000) aggregate and a minimum per occurrence excess liability
umbrella of $5,000,000. Each insurance policy shall name the City as an additional
insured and it shall be endorsed to state that: (i) coverage shall not be suspended, voided,
or cancelled by either party, or reduced in coverage or in limits except after thirty (30)
calendar days prior written notice by certified mail, return receipt requested, has been
given to City; and (ii) for any covered claims, the Operator's insurance coverage shall be
primary insurance as respects the City and any insurance or self-insurance maintained
by the City shall be in excess of the Operator's insurance and shall not contribute with it.
All insurance required herein is to be placed with insurers with a current A.M. Best's rating
of no less than A:VII, unless otherwise acceptable by City, and must be authorized to
conduct business in the state of California, or approved by the Surplus Lines Association
to do business in California. Additionally, before Operator shall employ any person or
persons in the performance of the Agreement, Operator shall procure a policy of workers'
compensation insurance as required by the Labor Code of the State of California or shall
obtain a certificate of self-insurance from the Department of Industrial Relations.
19. User Agreement. Prior to use, Operator shall obtain an affirmative signature or box check
from each Bike rider as a condition for Bike use, which shall release and relinquishes and
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discharge the City and its elected and appointed officials, officers, employees, agents,
contractors, and volunteers from any and all claims, demands, disputes, losses, liabilities,
debts, liens, charges, penalties, proceedings, causes of action and damages including
for personal injury, wrongful death, property damage, and injury to rider or to third parties
(Collectively, "Claims"), including unknown or unanticipated claims, which arise from or
are related directly or indirectly to this agreement or the rental, maintenance, design,
placement, use and/or operation of the Operator's equipment, including the Bikes, Bike
, hubs, Apps, or the Operator's website, including any and all claims related to a condition
of City property and adjacent property or the sole or partial negligence of the City, or any
other party. Rider must expressly waive any claims against the City which rider does not
know or suspect to exist in his or her favor at the time of renting a Bike, and expressly
waivers rider's rights under any statues that purport to preserve rider's unknown claims.
20. Compliance with Law. Operator at its own cost and expense, shall comply with all
statutes, ordinances, regulations, and requirements of all governmental entities
applicable to its use of City Property and the operation of the Pilot Bike Share Program,
including but not limited to laws governing operation of Bikes. If any license, permit, or
other governmental authorization is required for Operator's lawful use or occupancy of·
City Property or any portion thereof, Operator shall procure and maintain such license,
permit and/or governmental authorization throughout the term of this Agreement. City
shall reasonably cooperate with Operator, at no additional cost to City, such that Operator
can properly comply with this Section and be allowed to use City Property as specified in
this Agreement and City Ordinance.
21. Data Sharing Requirements. Operator shall provide real-time and spatially enabled data
to the City summarizing Bike fleet status and Bike trip patterns. Operator also shall
cooperate with the City in the collection and analysis of any aggregated, historical data
concerning its fl~et, ridership, and operations. Provided data must be robust enough to
inform planning and implementation of bikeways and supporting micromobility amenities.
Operator must also provide accurate monthly reports to the City describing system
operations and maintenance.
a. Operator must provide a standardized dashboard interface to support the City in
viewing, querying, and mapping data.
b. Operator shall provide City with real-time data in compliance with San Diego
Regional Micromobility Data Sharing Requirements 1 -11 (version 3, dated
1 /24/19) available at www.sandag.org/micromobility.
c. Operator shall provide the City with the following aggregated summary of ridership
and operations data monthly:
i. Aggregated system usage data -including, but not limited to, total unique
riders, total miles ridden, total number of rentals, average rental duration,
and average reservation duration (if applicable). Operator shall provide
rider demographic characteristics (e.g., gender, age group), if available.
ii. Aggregated summary of Bike Share operations data -Operator shall keep
detailed records of vehicle maintenance activities, including but not limited
to: device identification number, maintenance performed, summary of
theft/vandalism, instances of improper bike parking, and detail on when
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devices are removed from/returned to service.
iii. Customer service data -Summary of customer service inquiries and
resolutions including, but not limited to: average Operator response time to
reports of improperly parked Bikes, number of devices reported to be an
obstruction hazard, problems with Operator's customer reporting system or
response efforts, or other Bike · Share violation issues reported to
Operator's customer service channels.
iv. Collision/incident data -Summary of all incidents in which the Operator's
devices or personnel were involved in a collision, accident, injury, or
property damage. Data shall include the location, collision details, number
of riders, age, helmet use, property damage, and injury type. Operator must
disclose any incident resulting in injury within 24 hours of receiving notice.
d. Operator shall provide the City with the following bike share data quarterly:
i. User survey data capturing travel choice and rider behavior information.
Sample size, survey questions, and survey distribution method to be jointly
determined with the City. If de-identified demographic data is not collected
via the Bike Share system or mobile app then user surveys may be
leveraged to collect gender and age cohort information, at minimum.
22. Data Security. Operator must protect user's personal information. Finance transactions
must be secure and PCI compliant. Operator should provide their most recent 3rd party
PCI audits. Personal data should be protected using industry accepted encryption, and
customer permission is sought before sharing data with a third party. Auto renewal
procedures should comply with state and federal standards. Operator is required to
follow all local, state, and federal laws and regulations with respect to personally
identifiable information and credit card information. It is strongly preferred that Operator
does not resell users' personally identifiable information. If the Operator engages in such
a practice, then it is preferred that a) this is communicated clearly and transparently to
users, and b) users have a clear means of opting out if they do not want their data sold.
23. Public Record. This Agreement, related documentation and data submissions required
by the Agreement are subject to the disclosure under the California Public Records Act
(CPRA) unless a statutory exception applies. It shall be the obligation of Operator to
assert any statutory exception in the event of a CPRA request. Operator assertion of a
statutory exception from disclosure shall be at Operator's sole expense. Operator shall
fully reimburse City for all City attorney's fees, costs or expenses of any kind related to
or arising from Operator's assertion of a statutory exception.
24. No Joint Venture. Nothing herein contained shall be in any way construed as expressing
or implying that the parties hereto have joined together in any joint venture or liability
company or in any manner have agreed to or are contemplating the sharing of profits and
losses among themselves in relation to any matter relating to this Agreement.
25. Termination. This Agreement may be terminated prior to the expiration date set forth in
Section 1, above, upon the occurrence of any of the following conditions:
a. Termination for No Cause. The City may, in its sole discretion, terminate this
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delegation. Operator shall notify City no later than thirty (30) days before such delegation
occurs. In such notice, Operator shall provide City with the delegated affiliate name,
duties delegated, delegate principal place of business, delegate point of contact and
reasonable evidence that the delegate is financially and organizationally able to meet the
duties delegated. Further, Operator is to provide City proof that the delegate is insured
consistent with the terms of this agreement. Operators failure to meet the obligations
under this paragraph is a material breach .
30. Entire Agreement. When signed by both Parties, this Agreement (and any attached
exhibits) is the final and entire agreement. As the final and entire expression, this
Agreement supersedes all prior and contemporaneous oral or written communications
between the Parties, their agents, and representatives. There are no representations,
promises, terms, conditions, or obligations other than those contained herein.
31. Notices. All notices or demands. of any kind required or desired to be given by the Parties
must be in writing and shall be 'deemed delivered upon depositing the notice or demand
in the United States mail, certified or registered, postage prepaid, or by acknowledged e-
mail or other verified receipt electronic communications, addressed to the respective
Party at the addresses shown below:
a. City of Encinitas, Attn. Risk Management, 505 S. Vulcan Ave., Encinitas, CA 92024
b. Gotcha Ride, LLC, Attn: Brett C. Vigrass, 7 Radcliffe St., Charleston, SC 29403
IN WITNESS WHEREOF THE PARTIES HERETO have executed this Agreement on date first
above written.
CITY OF ENCINITAS OPERATOR
Karen Brust, City Manager Sean Flood, CEO
Date Date
ATTEST:
City Attorney
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conflicts between competing operators, and to provide optimal convenience to users renting a
bicycle in one jurisdiction and terminating the rental in another jurisdiction. Thus far, Cities of
Del Mar and Solana Beach have also joined the City of Encinitas in entering into this MOU.
All cities in the partnership continued to collaborate and participate in the development of
possible pilot bikeshare program, including determining optimal program goals and objectives,
issuing a joint request for proposals, reviewing proposals, and making a staff-level
recommended operator selection for the program.
Since the formation of the MOU, it has become well publicized and reported that competing
shared mobility businesses have engaged in aggressive strategies to gain market share in
various public jurisdictions. These strategies have included dropping undocked mobility devices
(primarily electric scooters) into local public rights of way, sometimes without municipal
knowledge, consultation, permission, ordinance or regulations in place. In addition, serious
injuries to users and third-party victims through use of these mobility devices is reportedly on
the increase. Accordingly, there is a need to craft a regulatory environment to appropriately
assess and manage the safe and efficient operation of the evolving mobility device business
within the City in advance of selecting an operator for a pilot north county bike share program.
Therefore, on February 13, 2019, the City Council voted unanimously to introduce Ordinance
2019-02 without any revisions or modifications.
ANALYSIS:
Proposed Ordinance 2019-02 would enable a pilot bike share program to be established and
operated by a single bike share licensee. The licensee would be allowed to deploy unpowered
bicycles and/or "Class 1" or "Class 2" electric powered bicycles within the City, subject to a
negotiated license agreement approved by City Council. Being that shared mobility devices are
still a new, evolving and untested mode of transportation within the City, adopting this ordinance
would enable the City to more accurately gauge the scope and scale of their impact on City
rights of way, public and businesses and potential benefit to shared mobility users.
If the City Council adopts Ordinance 2019-02, City Staff will return to Council with a
recommended bike share operator and license agreement for review and adoption. The intent is
to have the shared mobility pilot program implemented prior to the start of next summer with
enough time factored in prior to launch to conduct a robust community outreach program.
ENVIRONMENT AL CONSIDERATIONS:
The action being considered by the City Council is exempt from the California Environmental
Quality Act (CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result
in the direct or indirect physical change in the environment.
The action being considered is related to the Climate Action Plan, supporting Goal 4.1: Reduce
Vehicle Miles Traveled. ·
ATTACHMENTS:
1. City Council Ordinance 2019-02, titled "An Ordinance of the City Council of the City of
Encinitas, California Adding Chapter 9.55 to the Encinitas Municipal Code Regarding
Pilot Shared Mobility Program."
2. North County Bike Share Memorandum of Understanding
3. February 13, 2019 City Council Agenda Report
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ORDINANCE 2019-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ENCINITAS, CALIFORNIA ADDING CHAPTER 9.55
TO THE ENCINITAS MUNICIPAL CODE REGARDING
PILOT SHARED MOBILITY PROGRAM
Attachment 1
WHEREAS, the City of Encinitas (City) is committed to the long-range goal of
protecting the natural environment, increasing sustainability efforts, and improving overall
quality of life, and on January 17, 2018, the City Council unanimously approved its final
Climate Action Plan (CAP), establishing a number of strategies to achieve greenhouse
gas (GHG) emissions reduction goals and targets, including facilitating safe, convenient
and affordable alternative transportation options;
WHEREAS, among various other goals, CAP Goal 4.1, supports the reduction of
vehicle miles travelled by supporting car sharing, bike sharing and other potential shared
mobility alternatives for the community;
WHEREAS, the City must also balance the benefits of shared mobility alternatives
with its obligation to protecting City as well as protecting the health, safety and welfare of
those who may use or may be impacted by the use of these shared mobility alternatives
on City, streets, roads, sidewalks, facilities and other public rights of way, including, but
is not limited to, City obligations to manage City risks arising from these alternative
mobility alternatives, ensure compliance with disability regulations, maintain minimum
widths for pedestrian usability in City business and commercial corridors and overall
preserve a safe, accessible and healthy transportation and pedestrian environment within
the City;
WHEREAS, it has become well publicized and reported that competing shared
mobility businesses have engaged in aggressive strategies to gain market share in
various public jurisdictions, including dropping undocked mobility devices (primarily
electric scooters) into local public rights of way, sometimes without municipal knowledge,
consultation, permission, ordinance or regulation in place;
WHEREAS, serious injuries to users and third party victims through use of these
mobility devices is reportedly on the increase, and accordingly, the City has concluded
that there is a need to appropriately assess and manage the safe and efficient operation
of the evolving mobility device business within the City;
WHEREAS, since these shared mobility devices are still a new, evolving and
untested mode of transportation within the City and since the City is unable to accurately
gauge the scope and scale of their impact on City until user experience and impact can
be assessed, the City adopts this Ordinance to establish a pilot bike share program
allowing a single bike share licensee to deploy unpowered bicycles and/or "Class 1" or
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"Class 2" electric powered bicycles within the City, subject to a negotiated license
agreement approved by City Council; and
WHEREAS, the City Council directs the City Manager or delegated staff to monitor
and assess the overall performance, safety and benefits of the pilot program and provide
City Council with a report approximately one (1) year after initial deployment of licensed
Bikes under the pilot program, including, but not limited to, recommendations whether to
maintain, modify, eliminate or expand City authorization of the use of other shared
mobility devices or other developing clean modes of transportation. The report shall also
address and recommend revisions to this Ordinance, if applicable.
NOW THEREFORE, the City Council of the City of Encinitas does ordain as
follows:
Section 1. All of the above statements are true.
Section 2. The City Council finds that this action is not a project under the California
Environmental Quality Act ("CEQA") because there is no development or physical change
that would result from the adoption of this ordinance.
Section 3. Chapter 9.55 is added to Title 9 of the Encinitas Municipal Code and
shall read as follows:
Chapter 9.55 Pilot Bike Share Program
9.55.010 Purpose.
Consistent with the City's goals of enhancing mobility and access, easing traffic
congestion, promoting sustainability and achieving its Climate Action Plan goals, this
Chapter initiates a pilot Bike share program to evaluate the impact of shared mobility
alternatives within the City while ensuring the protection of the City and public health and
safety, including evaluating the safety of the public traveling by foot, bicycle or any vehicle
on public sidewalks, streets, other public rights-of-way and adjacent private property.
9.55.020 Definitions.
(a) "Abandoned" shall mean leaving any item unattended for any length of time.
(b) "City Manager" shall mean the City Manager or his or her designee.
(c) "Operator'' shall mean the person or business entity licensed by the City to
operate the Pilot Bike share Program pursuant to this Chapter.
(d) "Pilot Bike Share Program" shall mean a pilot program establishing a single
licensee under a license agreement to rent, use, locate, display, offer or place for rent
unpowered bicycles and/or "Class 1" or "Class 2" electric bicycles within City boundaries.
The Pilot Bike Share Program requires the City Manager or delegated staff to monitor
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(a) Deploy, drop, abandon, leave, dock or otherwise place or encourage the use
of any Prohibited Mobility Device within City Boun~aries.
(b) Abandon or temporarily park any Pilot Bike Share Program Bike or Prohibited
Mobility Device, in the City Public Right-of-Way or a City Public Area in a manner that: (1)
· obstructs travel upon or blocks access to a Public Area or Public Right-of-Way; (2)
violates ADA or any other disability access and path of travel laws, requirements and/or
regulations;(3) poses an immediate public safety hazard or nuisance; or (4) is otherwise
prohibited by applicable local, State or Federal laws or administrative regulations; or
(c) Use or aid, abet or encourage the use of any Prohibited Mobility Device in
violation this Code or impair any license, permit, applicable law or administrative
regulation.
(d) This Ordinance is not intended to prohibit or limit the lawful private non-
commercial use, ownership or operation of a mobility device within City limits.
9.55.050 Pilot Bike Share Program Operator License.
(a) Under this Pilot Bike Share Program, the City Manager is authorized to
negotiate one (1) shared Pilot Bike Share Program Operator license authorizing a single
Operator to deploy Bikes within designated City locations.
(b) The City Manager may impose, as part of the Pilot Bike Share Program
Operator license issued, any and all conditions that are determined necessary to
effectuate the purposes of this Chapter, consider accessibility of any Public Area, Public
Right-of-Way and the availability of public space for shared use by all, and to protect City
and the health, welfare, and safety of the public.
(c) When presenting the negotiated Pilot Bike Share Operator license agreement
to City Council for approval, the City Manager shall report, in writing, the reasons
supporting the Operator License Agreement terms, conditions and Operator selection.
(d) The number, location, technicalrequirements and mode(s) of Pilot Bike Share
Program Bikes and related applications shall be set forth in the negotiated license
agreement approved by City Council.
(e) At any time, in the City Council's discretion, the City Council may reassess
the approved Operator license agreement and its terms, consistent with the approved
agreement.
(f) The City Council approved Pilot Bike Share Program Operator license
agreement and its determinations under this Section shall constitute the final decision of
the City and shall not be subject to further administrative review.
(g) Before Bike deployment, the Operator must execute a license agreement in
a final form approved by City Council, comply with all license agreement conditions,
2019-03-13 Item 08D 6 of23
May 7, 2019 Item #9 Page 71 of 88
9.55.090 lmpoundment of devices.
(a) Except for any Bike authorized by a City Council under a City Pilot Bike Share
Program license agreement, Prohibited Shared Mobility Devices that are rented, used,
dropped, left, located, displayed, offered or made available for rent, or Abandoned, in the
Public Right-of-Way, Public Area or is otherwise determined to constitute a public
nuisance shall be subject to immediate impoundment by the City.
(b) The City Council may adopt impound fees by resolution, which shall reflect
the City's enforcement, investigation, administration, storage and impound costs.
(c) No person shall retrieve any impounded Prohibited Shared Mobility Device
except upon demonstrating proper proof of ownership of the device and payment of
applicable impound fees.
(d) Any Prohibited Shared Mobility Device not retrieved from impound for more than 30
calendar days shall be deemed abandoned and may, in the City Manager's discretion, be
destroyed or auctioned in accordance with applicable state law.
9.55.100 Enforcement.
(a) Any person who violates any provision of this Chapter, shall be guilty of an
infraction or a misdemeanor, which shall be punishable pursuant to Chapter 1.08 of this
Code.
(b) Any person who violates any provision of this Chapter, including any permit
condition, shall be subject to administrative fines and administrative penalties pursuant to
Chapter 1.08 of this Code.
(c) Any person convicted of violating this Chapter in a criminal case, or found to
be in violation of this Chapter in a civil or administrative case brought by a law
enforcement agency, shall be ordered to reimburse the City and other participating law
enforcement agencies their full investigative costs.
9.55.110 Severability.
In the event that any court of competent jurisdiction holds any section, subsection,
paragraph, sentence, clause · or phrase in this Ordinance to be unconstitutional,
preempted or otherwise invalid, the invalid portion shall be severed from this Ordinance
and shall not affect the validity of the remaining portions of this Ordinance. The City
hereby declares that it would have adopted each section, subsection, paragraph,
sentence, clause or phrase in this Ordinance irrespective of whether any one or more
sections, subsections, paragraphs, sentences, clauses or phrases in this Ordinance might
be declared unconstitutional, preempted or otherwise invalid.
2019-03-13 Item 08D 8 of23
May 7, 2019 Item #9 Page 73 of 88
9.55.120 Conflicts with Prior Ordinances.
In the event that any City ordinance or regulation, in whole or in part, adopted prior to the
effective date of this Ordinance, conflicts with any provisions in this Ordinance, the
provisions in this Ordinance will control.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its
adoption. Within fifteen (15) days after its adoption, the City Clerk of the Encinitas shall
cause this Ordinance to be published pursuant to the provisions of Government Code
Section 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the
City of Encinitas, California, on the 13th day of February, 2019; and
THEREAFTER ADOPTED at a regular meeting of the City Council of the City of
Encinitas, California, on the __ day of __ , 2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers -
Councilmembers -
Councilmembers -
Councilmembers -
APPROVED AS TO FORM:
Glenn Sabine, City Attorney
2019-03-13
Catherine S. Blakespear, Mayor
ATTEST:
Kathy Hollywood, City Clerk
Item 08D 9 of23
May 7, 2019 Item #9 Page 74 of 88
Attachment 2
Memorandum of Understanding
Between the Cities of Del Mar, Solana Beach, Encinitas, Carlsbad,
Oceanside, North County Transit District, and the United States
Marine Corps Base at Camp Pendleton regarding a North County
Coastal Pilot Bikeshare Program
The City of Del Mar, City of Solana Beach, City of Encinitas, City of Carlsbad, City of Oceanside,
North County Transit District (NCTD), and the United States Marine Corps Base at Camp
Pendleton, hereinafter collectively referred to as "Parties," enter into this Memorandum of
Understanding (MOU), dated February 8, 2018, for the express purpose of developing a pilot
bikeshare program for the North County coastal region.
1. Background
The cities in the North County coastal region of San Diego County are increasingly aware of the
need to reduce local greenhouse gas (GHG) emissions to limit the effects of climate change while
offering viable transportation alternatives to driving alone. Many of the cities have adopted Climate
Action Plans (CAPs) or are in the process of developing CAPs. CAPs establish environmental
initiatives by which cities aim to achieve GHG emissions reduction goals and targets.
Transportation, especially travel via single occupancy vehicle, is a major source of GHG
emissions in North County. Facilitating safe, convenient, and affordable alternative transportation
options is often a component of these plans and initiatives.
The Marine Corps Mobility Transformation Strategy calls for demonstration projects at
installations like Camp Pendleton to meet official business mobility with capabilities that are
smarter, more efficient, more accessible, and cheaper.
Offering and promoting programs, like bikeshare, that replace vehicle trips with bike trips, is one
way the Parties can help to reduce emissions while offering more efficient and more affordable
transportation modes for residents, employees, and visitors. Bikeshare is a service by which
bicycles are made available for shared use to individuals on a very short-term basis, allowing
them to borrow a bicycle at one location and return it either at the same location or a different
location within a defined geographic boundary.
2. Purpose
The purpose of this MOU is to establish a formal working relationship between the Parties based
on the desire to work cooperatively to pilot a bikeshare program in the North County coastal
region. It is the desire of the participants in this MOU to collectively agree upon a single bikeshare
vendor to operate within the North Coastal San Diego region to achieve economies of scale, to
reduce conflicts between competing vendors and to provide optimal convenience to users by
being able to rent a bicycle in one jurisdiction and terminate the rental in another jurisdiction party
to this agreement. The Parties agree that:
North County Coastal Bikeshare MOU Page 1 of 12
2019-03-13 Item 08D 10 of 23
May 7, 2019 Item #9 Page 75 of 88
a. There is a need to reduce local greenhouse gas emissions to limit the effects of climate
change while also offering increased opportunities for transportation modes alternative to
greenhouse gas producing single occupancy vehicles;
b. Human and electric-assist powered bicycles offer opportunities for fuel efficient
transportation that has little impact on the environment;
c. The North Coast of San Diego County offers a uniquely beautiful and geographically
suitable area for bicycle transportation;
d. The North Coast of San Diego County has a well-utilized rail network with stops throughout
the North Coast which provides for local transportation, and serves the needs of tourists
visiting from outside the area;
e. Bicycles are especially adapted to provide the "first/last mile" transportation from a rail or
bus stop to a final destination and back; ·
f. Bicycle transportation relieves parking congestion, providing better accessibility to our
beaches, parks, businesses and tourist attractions and is beneficial to the development of
our collective economies; and
g. Bikeshare programs allow the short-term rental of bicycles for those with temporary
transportation needs.
3. Description of Responsibilities
The City of Encinitas agrees to:
a. Serve as the lead city in developing the Request for Information and/or Request for
Proposals solicitation to potential bikeshare operators and work cooperatively with the
Parties to select a bike share operator .
. b. Coordinate meetings among the parties or delegate a meeting coordinator as agreed upon
by all parties.
c. Act as the liaison between the parties and the prospective bikeshare operator.
d. Share information from the prospective bikeshare operator: among all parties to this MOU.
The Parties agree to:
a. Work cooperatively to select a bike share operator and implement a pilot bikeshare
program in an expeditious and diligent manner, including attending scheduled meetings
and responding to information requests in a timely manner.
b. Raise any issues or concerns as soon as reasonably known so that the parties may work
to overcome any differences or challenges.
c. Make their best effort to come to consensus on the terms, design, operation, and
deployment of the pilot bikeshare program.
d. Collectively evaluate the success and effectiveness of the program after the pilot is
complete and cooperatively decide whether to expand or terminate the program.
North County Coastal Bikeshare MOU Page 2 of 12
2019-03-13 Item 08D 11 of23
May 7, 2019 Item #9 Page 76 of 88
4. Terms
The term of this MOU shall commence upon the signing of the MOU by all parties and shall
continue through December 31, 2019. This MOU contains all the terms and conditions agreed
upon by the parties regarding the subject matter of this MOU and supersede any prior agreement,
oral or written, and all other communications between parties related to such subject matter.
This MOU does not create any financial obligations.
5. Non-asslgnability
The Agreement shall not be assigned by any party without first obtaining the express written
consent of the Parties.
6. Notices
Any and all notices or other communications required of permitted by this Agreement or by law to
be served on or given to the Parties shall be in writing and shall be deemed served and given
when personally delivered to the party whom directed or in lieu of such personal services when
deposited in the United States mail, postage pre-paid to:
City of Encinitas
505 S Vulcan Ave
Encinitas, CA 92024
Attn: City Manager
City of Del Mar
2010 Jimmy Durante Blvd, Ste 120
Del Mar, CA 92014
Attn: City Manager
City of Solana Beach
635 South Coast Hwy 101
Solana Beach, CA 92075
Attn: City Manager
City of Carlsbad
1200 Carlsbad Village Dr
Carlsbad, CA 92008
Attn: City Manager
City of Oceanside
300 North Coast Hwy 101
Oceanside, CA 92054
Attn: City Manager
North County Transit District
North County Coastal Bikeshare MOU
2019-03-13
Page 3 of 12
Item 08D 12 of 23
May 7, 2019 Item #9 Page 77 of 88
12. Subject Headings
The subject headings of the paragraphs in this agreement are included solely for the purposes
and references, and shall not be deemed to explain, limit, amplify or aid in the· meaning,
construction or interpretation of any provision of this MOU.
13. No Interpretation Against Drafting
This MOU has been negotiated at arm's length between parties hereto. Accordingly, any rule or
law (including California Civil Code §1635 et seq.) or legal decisions that would require
interpretation of any ambiguities in this MOU against the party that has drafted the applicable
provisions, is not applicable and is waived. The provisions of this agreement shall be interpreted
in a reasonable manner to affect the purpose of the parties.
14. MOU in Writing
This MOU contains and embraces the entire MOU between the parties hereto and it, nor any part
of it, may not be changed, altered, modified, limited or extended, orally or by any MOU between
the parties unless such MOU be expressed in writing, signed and acknowledged by the Parties.
15. Governing Law
This MOU shall be construed in accordance with and governed by the laws of the State of
California.
.North County Coastal Bikeshare MOU Page 5 of12
2019-03-13 Item 08D 14 of23
May 7, 2019 Item #9 Page 79 of 88
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
For the City of Oceanside
Signature Date
Title
APPROVED AS TO FORM:
City Attorney
North County Coastal Bikeshare MOU Page 7 of 12
2019-03-13 Item 08D 16 of23
May 7, 2019 Item #9 Page 81 of 88
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
For the City of Carlsbad
Signature Date
Title
APPROVED AS TO FORM:
City Attorney
North County Coastal Bikeshare MOU
2019-03-13 Item 08D
Page 9 of 12
18 of23
May 7, 2019 Item #9 Page 83 of 88
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
For the United States Marine Corps Base at Camp Pendleton
Signature Date
Title
APPROVED AS TO FORM:
Marine Corps Attorney
North County Coastal Bikeshare MOU
2019-03-13 Item 08D
Page 11 of12
20 of23
May 7, 2019 Item #9 Page 85 of 88
(Attachment 2). Through this partnership the Parties agreed to seek a single bike share vendor
to operate within the north coastal San Diego region to achieve economies of scale, to reduce
conflicts between competing operators, and to provide optimal convenience to users renting a
bicycle in one jurisdiction and terminating the rental in another jurisdiction. Thus far, Cities of
Del Mar and Solana Beach have also joined the City of Encinitas in entering into this MOU.
All cities in the partnership continued to collaborate and participate in the development of
possible pilot bikeshare program, including determining optimal program goals and objectives,
issuing a joint request for proposals, reviewing proposals, and making a staff-level
recommended operator selection for the program.
ANALYSIS:
Since the formation of the MOU, it has become well publicized and reported that competing
shared mobility businesses have engaged in aggressive strategies to gain market share in
various public jurisdictions. These strategies have included dropping undocked mobility devices
(primarily electric scooters) into local public rights of way, sometimes without municipal
knowledge, consultation, permission, ordinance or regulations in place. In addition, serious
injuries to users and third-party victims through use of these mobility devices is reportedly on
the increase. Accordingly, there is a need to craft a regulatory environment to appropriately
assess and manage the safe and efficient operation of the evolving mobility device business
within the City in advance of selecting an operator for a pilot north county bike share program.
Proposed Ordinance 2019-02 would enable a pilot bike share program to be established and
operated by a single bike share licensee. The licensee would be allowed to deploy unpowered
bicycles and/or "Class 1" or "Class 2" electric powered bicycles within the City, subject to a
negotiated license agreement approved by City Council. Being that shared mobility devices are
still a new, evolving and untested mode of transportation within the City, adopting this ordinance
would enable the City to more accurately gauge the scope and scale of their impact-on City
rights of way, public and businesses and potential benefit to shared mobility users.
If the City Council approves the introduction of Ordinance 2019-02, City Staff will begin
negotiations with the preferred bike share operator on the license agreement. If both parties
come to an agreement on the terms, the license agreement will be brought back to City Council
for formal review and adoption. The intent is to have the shared mobility pilot program
implemented prior to the start of next summer with enough time factored in prior to _ launch to
conduct a robust community outreach program.
ENVIRONMENTAL CONSIDERATIONS:
The action being considered by the City Council is exempt from the California Environmental
Quality Act (CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result
in the direct or indirect physical change in the environment.
The action being considered is related to the Climate Action Plan, supporting Goal 4.1: Reduce
Vehicle Miles Traveled.
ATTACHMENTS:
1. City Council Ordinance 2019-02, titled "An Ordinance of the City Council of the City of
Encinitas, California Adding Chapter 9.55 to the Encinitas Municipal Code Regarding
Pilot Shared Mobility Program."
2. North County Bike Share Memorandum of Understanding
2019-03-13 Item 08D 23 of23
May 7, 2019 Item #9 Page 88 of 88
Shared Mobility Program Options
Report
Marshall Plantz, Transportation Director
Craig Williams, Senior Engineer
May 7, 2019
Agenda
•Modes of Transportation
•Asset Management Cycle
•Shared Mobility Background
•Benefits and Challenges
•SANDAG coordination
Agenda (cont’d)
•North Coast Cities Collaboration
•Direction to Staff:
1.Participate in bike share pilot
2.Not participate in bike share pilot
•Next Steps
Plan Consistency
•This opportunity is consistent with
–General Plan Update
–Climate Action Plan
–Coastal Mobility Readiness Plan
–Village and Barrio
•Master Plan
•Parking Management Plan
Modes of
Transportation
Modes
Asset Management
CycleOperate
Plan
FundDesign
Construct
Maintain
Shared Mobility Background
•Terminology
–Micromobility / shared mobility
•First Mile / Last Mile
•Substitute for short vehicular trips
•Helps implement CAP and General Plan goals
Shared Mobility Background (cont’d)
•Docked and Dockless Bikeshare
–Docked systems started mid-1990s
–Dockless bikes introduced 2017
–E-bikes introduced 2018
–Hybrid systems combine best of both
•Addresses random parking issue
Shared Mobility
Background (cont’d)
Dockless Bikeshare
Docked Bikeshare
Shared Mobility Background (cont’d)
Benefits and Challenges
•Benefits
–Elimination of SOV trips
•Every shared mobility trip approximates one less car driving and parking
–Frees up parking
–Utilizes existing infrastructure
Benefits and Challenges (cont’d)
•Challenges
–Uncontrolled parking
–Unsafe rider usage
•Mostly sidewalk usage by scooter riders
–Bike shop rental overlap
•Bike Shop Overlap
–Bike shop rentals typically 2-4 hours
•Recreational use
•Begin and end at same location
–Bike share rentals
•Intent is transportation trips -mostly O-D
•Some recreational use
Benefits and Challenges (cont’d)
SANDAG Coordination
•SANDAG established Regional Micromobility
Coordination effort
•Supports local jurisdictions with clearinghouse
and discussion forum
•Assisted with organizing north coast cities
North Coast Cities Collaboration
•MOU developed late-2017
–MOU signatories: SANDAG, Del Mar, Solana Beach, Encinitas, NCTD & USMC –Camp Pendleton
•Participating agencies
–Del Mar, Solana Beach, Encinitas, Carlsbad, Oceanside, NCTD, USMC, SANDAG (lead)
•Intent of Collaboration was to collectively agree on:
–Selecting a single vendor
–Achieving economies of scale
–Reducing conflicts from competing vendors
–Providing optimal convenience for traveling along the coast
–Testing out with a one-year pilot
Pilot Bikeshare Program Requirements
•RFI issued April 2018
•Evaluation criteria:
–One year pilot
–Docked, dockless or hybrid.
Parking control emphasized
–GPS on-board
–Operation and maintenance
plan
–Monitoring and
enforcement of parking
violations
–No cost to cities
–E-bikes (electric assist)
–Locking mechanism
–Data sharing
–Geo-fencing
Pilot Bikeshare Program Requirements (cont’d)
Geo-fencing example
NEARBY VEHICLES
HOW TO RIDE
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Submittal, Evaluation and Selection
•Received 6 submittals
•Interviewed 3 vendors with product review
•Additional questions / responses
–Selected Gotcha
Gotcha Features
•10 years U.S. experience in 50+ locations
•Headquartered in Charleston, SC
•Bike build quality
•Emphasis on parking hubs
•E-bikes with on-board locking mechanism
•GPS equipped
•App-based communication with users
•Operating & parking
management
technology
–Geo-fencing
•Bike-use data sharing
GotchaGOTCHA 3.0 BIKE
Integrated LED
350w hub motor
26in 5-spoke
Magnesium alloy
wheel
Heavy duty tire
with reflective
sidewall
Handlebar with
integrated display
unit & RFID tech.
solid inner tube
36V / 14Ah removable
battery rated for 37 mi
at 100% charge
Auto Up seat post
Hardened Steel
3-speed
internally
geared
hub
Powerful
drum brake
Internal speed sensor Gates'" CDX
belt system
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Bikeshare Program Implementation
•Encinitas, Solana Beach & Del Mar moving forward
–Mobility ordinances adopted
–Separate license agreement with each city
•Encinitas approved -Apr. 2019
•Del Mar approved -May 2019
•Solana Beach scheduled –May 2019
–Mid-July launch
Fiscal Analysis
•Staff labor costs
–To oversee operations of bikeshare pilot and/or
–To oversee education and impoundment efforts
–Accommodated in existing budget
•Capital expenditures to be negotiated with license agreement
–Implementing parking racks or zones
Next Steps
•If Council directs staff to move forward with Bikeshare Pilot
–On May 14, bring ordinance to:
•Regulate devices, including prohibiting conduct and impoundment provisions
•Permit selected vendor to operate pilot bikeshare program
Next Steps (cont’d)
–Staff will negotiate license agreement with Gotcha
–Bring license agreement back to Council for approval
–If approved, work with Gotcha to deploy bikes
–Staff will determine impound fee and bring resolution
to Council to approve the fee
–Staff will work with Gotcha to develop and implement
an education/awareness program
Next Steps (cont’d)
•If Council directs staff to not move forward with Bikeshare Pilot at this time
–On May 14, bring ordinance to:
•Regulate devices, including prohibiting conduct and impoundment provisions
–Staff will implement proactive surveillance
for violations
Next Steps (cont’d)
–Staff will determine impound fees and bring
resolution to Council for approval
–Staff will develop education/awareness
program
–Staff will monitor 3 southerly cities as they
conduct pilot
Options for Consideration
•Direct staff to participate in a bikeshare pilot
program in coordination with other north coast
cities.
•Direct staff to not participate in a bikeshare
pilot program in coordination with other north
coast cities.
Thank You
Mobility
Hubs
MOBILITY HUBS
Typical ly, a hub can be classified in three ways:
(1) Gotcha Hub: racks and signage provided and installed by Gotcha
(2) City Hub: reallocation of existing racks and signage
(3) Virtual Hub: no racks; geofenced area in approved space out of public
r ight-of-way, typically indicated v ia signage and/or painted area
Mobility Hubsdotcha Mobilty Bar
0
Rack Dimensions
Base Plate for Rack: 31" (L) x 18.375" (W)
Base Plate for Signage Panel: 24" (L) x 18.375" (W)
Signage Panel: 70" (H) x 12" (W)
\
Flanking Panel: 4.875" (Wat top) x 27.75" (H) x 12" (Wat bottom)
Bar: 29.25" (H)
l
16 Racks
-
20 Racks
rrrr=rrffi'TiliJ
l
Gotcha
e-bike
GOTCHA 3.0 BIKE
Integrated LED
350w hub motor
26in 5-spoke
Magnesium alloy
wheel
Heavy duty tire
with reflective
sidewall
Handlebar with
integrated display
unit & RFID tech.
solid inner tube
36V / 14Ah removable
battery rated for 37 mi
at 100% charge
Auto Up seat post
Hardened Steel
3-speed
internally
geared
hub
Powerful
drum brake
Internal speed sensor Gates'" CDX
belt system
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Gotcha Pricing Proposal
RECOMMENDED PRICING PLANS
The Gotcha bike share model allows for a flexible ridership fee and membership plan structure.
PAYMYOUGO
FOR QUICK RIDES
Offers a low-commitment, fun and
convenient way to get around the city
$2TO UNLOCK
10 CENTS PER MINUTE
NO FREE TIME INCLUDED
MONTHLYPMS
FOR EVERYDAY AIID RECREATIOIIAL RIDERS
Great for riders looking for a regular
alternative mode oftransportation.
$9.99/MONTH
1 HOUR OF FREE TIME EVERY DAY
10 CENTS PER MINUTE AFTER
ANNUAL PMS
FOR THE DAILY BIKE SHARE COMMUTER
Most value for your Investment! This Is
Intended for locals wt,o plan to use the system
year-round.
$79.99/YEAR
1 HOUR OF FREE TIME EVERY DAY
10 CENTS PER MINUTE AFTER
STUDENT MONTHLY STUDENT ANtlJAL
OPEii TO UII IVERSITY STIJOEIITS & F ACULTV
Discounted access can be gated on email
domain (ex: jdoe@miracosta.edu).
$6.99/MONTH
1 HOUR OF FREE TIME EVERY DAY
10 CENTS PER MINUTE AFTER
OPEii TO CITY OF SYRACUSE EMPLOYEES
Discounted access can be gated on
email domain (ex: jdoe@smiracosta.edu).
$59.99/YEAR
1 HOUR OF FREE TIME EVERY DAY
10 CENTS PER MINUTE AFTER
OTHER USAGE FEES:
* NOTE: RIDE TIME IS PRORATED TO THE MINUTE
HOLD TIME:
-$6 for locking a bike outside of a designated bike share hub -30 minutes of hold time to allow accessibility
-$60 for locking a bike outside of the bike share system area
Pedego Pricing
Comfort Cruiser
$16 / Hour (2 hour min. Fri• Sun)
$35 / 3 Hours
$60 / 8 Hours
$80 / 1 Day (Overnight)
$120 / 2 Days (Overnight)
$150 / 3 Days (Overnight)
ELECTRIC BIKE RENTALS
Pedal Assist
$25 / Hour (2 hour min. Fri -Sun)
$65 / 3 Hours
$95 / 8 Hours
$115 / 1 Day (Overnight)
$210 / 2 Days (Overnight)
$285 I 3 Days (Overnight)
$34511 Week
Specialty
$25 / Hour (2 hour min. Fri -Sun)
$65 / 3 Hours
$95 / 8 Hours
S115 / 1 Day (Overnight)
$210 / 2 Days (Overnight)
S285 / 3 Days (Overnight)
Road Bike (52, 54, 56, 58cm)
S12 / 1 Hour
$30 / 3 Hours
$50 / 8 Hours
$70 I 1 Day (Overnight)
$90 12 Days (Ov•rnlght)
$130 / 3 Days (Overnight)
Pedal Bike/Ta1-a-lon1 Trailer/Kid's Bike
$8 I 1 Hour $6 I 1 Hour
$20 / 3 Hours $12 I 3 Hours
$3018 Hours $20 / 8 Hours
$40 / 1 Day (Overnight) $30 / 1 Day (Overnight)
$60 / 2 Days (Overnight) $50 / 2 Days (Overnight)
S75 / 3 Days (Overnight) $6013 Days (Overnight)
$95/1 Week $85 / 1 Week
Bike shop overlap
Bike Shop Bikeshare
Users Recreational; families Transportation; recreational
Types of uses exploring city transportation; some recreational; coastal
cities; work trips
Directional Round trip One-way
Types of Bikes beach cruisers, fat-tire, hybrid, pedal bikes,
e-bikes
hybrid e-bikes
Costs
30 min na $5
1 hour $16-$25 (weekdays)$8
2 hours $32-$50 (weekend min)$14
3 hours $35-$65 $20
8 hours $60-$95 $50
Weekly $195-$345 na
Annual na $80
Other services offered helmets; gear; clothing; maps; safety
training; advice; bike sales
bikes
II 11 II