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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 2 May 7, 2019 Item #9 Page 2 of 88 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. 3 May 7, 2019 Item #9 Page 3 of 88 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 4 May 7, 2019 Item #9 Page 4 of 88 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. 5 May 7, 2019 Item #9 Page 5 of 88 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. 6 May 7, 2019 Item #9 Page 6 of 88 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. 7 May 7, 2019 Item #9 Page 7 of 88 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. 8 May 7, 2019 Item #9 Page 8 of 88 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: North County Coastal Bikeshare -Request for Information 6 May 7, 2019 Item #9 Page 14 of 88 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. North County Coastal Bikeshare -Request for Information 8 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. North County Coastal Bikeshare -Request for Information 9 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. North County Coastal Bikeshare -Request for Information 10 May 7, 2019 Item #9 Page 18 of 88 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 May 7, 2019 Item #9 Page 19 of 88 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 North County Coastal Bikeshare -Request for Information 12 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. North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 1 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 North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 2 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. North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 3 May 7, 2019 Item #9 Page 43 of 88 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 North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 4 May 7, 2019 Item #9 Page 44 of 88 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. North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 5 May 7, 2019 Item #9 Page 45 of 88 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 North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 6 May 7, 2019 Item #9 Page 46 of 88 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 North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 7 May 7, 2019 Item #9 Page 47 of 88 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 North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 8 May 7, 2019 Item #9 Page 48 of 88 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 North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 9 May 7, 2019 Item #9 Page 49 of 88 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 North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 10 May 7, 2019 Item #9 Page 50 of 88 Exhibit A Hub Locations (To Be Determined) North County Model Bike Share Agreement-Gotcha 03-07-2019 Final 11 May 7, 2019 Item #9 Page 51 of 88 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 2019-04-17 Item 10A 2 of28 May 7, 2019 Item #9 Page 53 of 88 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 2019-04-17 Item 10A 3 of28 May 7, 2019 Item #9 Page 54 of 88 • 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 2019-04-17 Item 10A 4of28 May 7, 2019 Item #9 Page 55 of 88 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. Bike Share Agreement_Gotcha and City of Encinitas 1 2019-04-17 Item 10A 5 of28 May 7, 2019 Item #9 Page 56 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 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 · Bike Share Agreement_Gotcha and City of Encinitas 2 2019-04-17 Item 10A 6 of 28 May 7, 2019 Item #9 Page 57 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 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. Bike Share Agreement_Gotcha and City of Encinitas 3 2019-04-17 Item 10A 7 of 28 May 7, 2019 Item #9 Page 58 of 88 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 Bike Share Agreement_Gotcha and City of Encinitas 4 2019-04-17 Item 10A 8 of28 May 7, 2019 Item #9 Page 59 of 88 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 Bike Share Agreement_Gotcha and City of Encinitas 6 2019-04-17 Item 10A 10 of28 May 7, 2019 Item #9 Page 61 of 88 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 Bike Share Agreement_Gotcha and City of Encinitas 7 2019-04-17 Item 10A 11 of 28 May 7, 2019 Item #9 Page 62 of 88 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 Bike Share Agreement_Gotcha and City of Encinitas 8 2019-04-17 Item 10A 12 of 28 May 7, 2019 Item #9 Page 63 of 88 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 Bike Share Agreement_Gotcha and City of Encinitas 10 2019-04-17 Item 10A 14 of 28 May 7, 2019 Item #9 Page 65 of 88 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 2019-03-13 Item 08D 2 of 23 May 7, 2019 Item #9 Page 67 of 88 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 2019-03-13 Item 08D Jof 23 May 7, 2019 Item #9 Page 68 of 88 "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 2019-03-13 Item 08D 4of23 May 7, 2019 Item #9 Page 69 of 88 (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 .. \f,,, .. ,&'"' @ Marine Corps Air Station t-tiramar(NK)(J 1 Clairernontt-tes.ie1vd lloalboaMe, £1 v) G~~:~ff~JI~e El Cajon Blvd ln~;~n~\i!~al Alrport(SAN) Balboa Park Cl O • ~ San 'D1ego ~ Coronado0 0National City -Chula Vista -& 6 NEARBY VEHICLES HOW TO RIDE S "n c, • '" . . " ,, Sa, By - - NEARBY VEHICLES HOW TO RIDE 0 Superior Court olCallfornla-countyofSan Diego San0iego Civicoeatre Bassmnt O 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 I .;J II d 0 6 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 I .;J II d 0 6 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