This document is one of three forms required for a complete license application. Please submit signed and completed documents to Austin Transportation's Mobility Services Division. Please include payment of $30/unit with your application.
City of Austin Austin Transportation Department, Mobility Services Division 1111 Rio Grande St, Austin, TX 78701 [email protected] DOCKLESS MOBILITY LICENSE APPLICATION APPLICATION TYPE (check one): New Renewal Supplement (if adding units to a licensed system) APPLICANT INFORMATION The following information must be provided for the applicant, each officer, director, partner, and any other person who will participate in the business decisions of or who has the authority to enter contracts on behalf of this dockless mobility company. This information is to be provided on a separate page and attached to the application. Applicant Name: City: State: ZIP Code: Phone: E-mail: PARENT COMPANY Business Name:
Business Structure (describe): Address: City: State: ZIP Code: Contact Name: Phone: E-mail: BUSINESS INFORMATION Business Name/DBA: Sales Tax Number:
Business Structure (circle one): Corporation Limited Liability Company Partnership Sole Proprietorship Other (describe): Address: City: State: ZIP Code: Phone: E-mail: PAST PERFORMANCE Have you held a permit issued by the City of Austin and/or any adjacent cities or counties that has been revoked? Yes No If you answered yes, attach additional sheets explaining why. Has your company been fined or had property impounded by the City of Austin and/or any adjacent cities or counties? Yes No If you answered yes, attach additional sheets explaining why. Does your company have any outstanding fees or fines owed to the City of Austin and/or any adjacent cities or counties? Yes No If yes, in what jurisdiction(s)? SERVICE AREA AND SIZE OF FLEET FLEET SIZE: ______(write in total number of units) Initial Fleet Additional Units PLEASE INCLUDE THE FOLLOWING ITEMS WHEN SUBMITTING THIS APPLICATION: 1. Proof of insurance documentation that names the City of Austin as an additional insured. (See Terms and Conditions of License for requirements). 2. Images and description of unit and mobile application. (See Dockless Mobility Technology Rules Section 2, Dockless Mobility Units and Section 6, Operations and Customer Service) 3. A sample of the unit to be used under this program for inspection by ATD. (See Dockless Mobility Technology Rules Section 2, Dockless Mobility Units) 4. Description of pricing structure, rates, and method(s) of communication to the customer. (See Dockless Mobility Technology Rules Section 6, Operations and Customer Service) 5. A Unit Inventory List in an electronic spreadsheet listing the serial number of each unit. (See Dockless Mobility Technology Rules Section 2, Dockless Mobility Units, Part C) 6. As part of the applicant’s Citywide Unit Placement Plan a. A Safety Response Plan detailing how safety and maintenance issues will be identified and addressed. (See Dockless Mobility Technology Rules Section 4, Safety) b. An ESRI ArcGIS shapefile specifying the geographic area of interest, if seeking supplemental units above the 500 units authorized under the initial license application. (See Dockless Mobility Technology Rules Section 3, Service Area and Size of Fleet, Part B(1)) c. A Marketing and Outreach Plan. (See Dockless Mobility Technology Rules Section 6, Operations and Customer Service, Part F) d. A Maintenance, Cleaning, Repair and Waste Management Plan. (See Dockless Mobility Technology Rules Section 6, Operations and Customer Service, Part G) 7. Access to a documented web-based application programming interface (API) capable of providing fleet information and anonymized data for each trip. (See Dockless Mobility Technology Rules Section 7, Data Reporting and Sharing, Part F, H) 8. All copies of the terms of service, including the privacy policy, the End User License Agreement (EULA) and all versions of this information available when accessing the service from a smart phone as well as the operator’s website. (See Dockless Mobility Technology Rules Section 7, Data Reporting and Sharing, Part D) 9. A performance (surety) bond listing the City of Austin. (See Dockless Mobility Technology Rules Section 8, Insurance, Performance Bond and Fees, Part B) The performance (surety) bond must be submitted with original (wet) signatures. 10. Certificate of conformance to 16 CFR part 1512 for each import shipment of bicycles, and the equivalent for each shipment of scooters. (See Dockless Mobility Technology Rules Section 2, Dockless Mobility Units, Part I) 11. Test results from a qualified independent lab demonstrating that each model bicycle put into service meets or exceeds ISO 4210: Safety Requirements for City and Trekking Bicycles, and the equivalent for each model scooter. (See Dockless Mobility Technology Rules Section 7, Data Reporting and Sharing, Part F, H) 12. If operating electric-assist units, certification from a qualified independent testing laboratory that the make and model of electric bicycles and scooters used employ an electric motor of less than 750 watts (1 hp), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph. (See Dockless Mobility Technology Rules Section 7, Data Reporting and Sharing, Part K)
1 DIRECTOR RULES FOR DEPLOYMENT AND OPERATION OF 2 SHARED SMALL VEHICLE MOBILITY SYSTEMS 3 4 Dockless Mobility Technology 5 6 7 Section 1 – Definitions 8 9 Defined terms used in these rules shall have the meanings assigned to them in 10 City Code , Chapter 14-9 or as follows: 11 12 Parking Box means an area designated by the Director within the public right of 13 way, typically delineated with traffic grade striping or paint, where dockless 14 bicycles and scooters are to be parked when not in active use. 15 16 Bike Share Station or Hub means a fixed location designated by the Director, 17 consisting of several docking devices where bicycles may be returned or 18 retrieved. 19 20 Designated Area means any part of the public right - of - way designated by the 21 Director of transportation, for the placement of dockless units. 22 23 Director means the Director, Austin Transportation Departmentdepartment 24 Director designated by the city manager . 25 26 Director’s Rules means these rules and procedures established by the Director 27 of transportation, under Chapter 14-9, to provide additional guidance and clarity 28 on the administration of transportation mobility systems and services. 29 30 Dockless Bicycle or Tricycle means a Dockless Mobility Unit consisting of a 31 two or three wheels held in a frame one behind the other , propelled by pedals 32 and steered with handlebars, including electric-assist bicycles ,, that areis part of 33 a public al ly offered transportation system that does not require a fixed apparatus 34 for its receipt or return. 35 36 Dockless Mobility System means a mobility system or service licensed by the 37 City, comprised of unit(s) for the purpose of transportation or conveyance. 38 39 Dockless Mobility Unit means a singular vehicle used in a greater, publically 40 offered transportation Dockless Mobility System for the conveyance orf people, 41 goods or services , that does not require fixed docking stations or apparatus to 42 receive or return a unit. 43
Rules For Dockless Units Page 1 Austin Transportation Department
1 Dockless Scooter means a Dockless Mobility Unit consisting of a footboard 2 mounted on two or more wheels and a steering handle , that is part of a public al ly 3 offered transportation system that does not require a fixed apparatus for its 4 receipt or return. 5 6 Electric Assist means an electric motor affixed to a dockless mobility unitbicycle 7 regulated by pedaling, that assists the efforts of the driver when they are 8 pedaling. 9 10 Good Standing means the status of an applicant or licensee, which is compliant 11 with the payment of all statutory fees, fines and the filing of required data, 12 statistics and reports and all requirements of the Director’s rules. 13 14 Licensee means a person(s) who holds a license issued by the City under 15 Chapter 14-9 of the City Ccode to operate a city-wide service. The term includes 16 any employee, agent or independent contractor hired by the permit holder. 17 18 Notice means a communication such as a letter, citation or civil penalty, warning 19 or announcement. 20 21 Parking Box means an area designated by the Director within the public right-of- 22 way, typically delineated with traffic grade striping or paint, where dockless 23 bicycles and scooters are to be parked when not in active use. 24 25 Restricted Area means any part of the public right - of - way restricted by the 26 Director of transportation , for the placement of dockless units. 27 28 Unit means a singular vehicle used for the transportation or conveyance of 29 people, goods or services. 30 31 Unit Placement Plan means the written plan regarding the licensee’s internal 32 program, policy decisions and proposed actions in order to come into compliance 33 with the rules, regulations and standards established by the City, in order to 34 avoid violation of the City’s ordinances or Director’s rules. 35 36 Section 2 – Dockless Mobility Units 37 38 A. Dockless Mobility Units shall must only be available to customers at rates that 39 are clearly and understandably communicated to the customer prior to use. 40 41 B. Each Dockless Mobility Unit shall prominently display the name of the licensee, 42 their current contact information and a unique unit number. . 43 44 C. Dockless Mobility Units shall be equipped with a brake, and, for those units that 45 operate at nighttime, a front light that emits white light and a red light and
Rules For Dockless Units Page 2 Austin Transportation Department
1 reflector at the rear of the unit, pursuant to Section 551.104 of the Texas 2 Transportation Code. All Dockless Mobility Units must have always-on front and 3 back lights that are visible from a distance of at least 5300 feet under normal 4 atmospheric conditions at night. Front and rear lights must stay on at least 90 5 seconds after the unit has stopped. 6 7 D. Dockless Mobility Units shall be equipped with an on-board GPS unit or 8 equivalent that can report the location of a unit at any time for the purposes of 9 use, recovery, repair, and data collection , and incident investigation . 10 11 E. Dockless Mobility Units shall be high quality, sturdily built to withstand the rigors 12 of outdoor storage and constant use. 13 14 F. Dockless Mobility Units shall employ tamper-resistant security hardware. 15 16 G. Electric-assist Dockless Mobility Units used in systems issued a license must 17 employ an electric motor of less than 750 watts (1 h.p.). 18 19 H. Bicycles used in Dockless Mobility Systems issued a license shall meet 20 standards outlined in the Code of Federal Regulation (CFR) under Title 16, 21 Chapter II, Subchapter C, Part 1512 – Requirements for Bicycles. Additionally, 22 licensed systems shall meet the safety standards outlined in International 23 Organization for Standardization (ISO) 43.150 – Cycles, subsection 4210. 24 25 I. Electric bicycles used in Dockless Mobility Systems shall meet the most up-to- 26 date definition of low-speed electric bicycle outlined in CPSC Public Law 107-309 27 for Low Speed Electric Bicycle and 15 U.S.C. Chapter 47 Section 2085 , and be 28 equipped with fully operable pedals and shall be subject to the same 29 requirements as ordinary bicycles. 30 31 J. Scooters used in Dockless Mobility Systems shall meet the most up-to-date 32 equivalent safety standards as those outlined in the Code of Federal Regulations 33 and the International Organization for Standardization for bicycles. Currently, 34 scooters shall meet CPSC in Public Law 107-309 for standards around weight 35 bearing. 36 37 KL. For all dockless electric scooters and bicycles used in Dockless Mobility 38 Systems, the maximum motor-assist speed for licensed units shall be 1520 mph , 39 when ridden in the street environment . 40 41 LM. Dockless Mobility Units shall be able to securely stand upright when parked. 42 43 MN. Dockless Mobility Units shall be inspected when removed from routine service, to 44 ensure that all of its components are present and functioning properly. 45 46 Section 3 – Service Area and Size of Fleet
Rules For Dockless Units Page 3 Austin Transportation Department
1 2 A. The Director shall issue one initial license, per mobility unit type. 3 4 B. The Director shall limit the number of units licensed to a maximum of five 5 hundred (500) units, per initial license. 6 7 C. The total number of deployed units within a licensed area must maintain a 8 minimum average of of 2 trips per day , determined by monthly usage . Should 9 this demand not be met, the Director may require a portion of the units to be 10 relocated or removed. 11 12 D. The Director may issue supplemental licenses, per mobility unit type, to deploy 13 additional units outside the initial license area, in increments of two hundred and 14 fifty (250) units, per licensed area, provided they meet the following criteria: 15 16 1. The licensee provides a specific geographic area, in ESRI ArcGIS 17 shapefile format, of at least 5 square miles in size ;. 18 19 2. All additional units will operateshall be deployed outside of the Downtown 20 Austin Project Coordination Zone (DAPCZ) as verified in real-time through 21 a web-based application programming interface (API);. 22 23 3. The performance bond is adjusted at $100/unit to cover all units operated 24 by the licensee ; and. 25 26 4. There is not another compelling reason, as determined by the Director, to 27 limit fleet size. 28 29 E. The Director may permit additional units within a supplemental licensed area in 30 increments of 250 units per type, provided the deployed units meet an average of 3 31 trips per day, determined by monthly usage. 32 33 FE. Licensees shall only operate within the City of Austin full purpose, public right-of- 34 way. 35 36 GF. Licensees shall not operate or access dockless units within parks, public al ly- 37 accessible plazas subject to City license agreements with private property owners, 38 off-street parking lots/garages, state owned land and/or facilities, campuses, or other 39 areas outside of the City of Austin public right-of-way, unless authorized by a 40 separate agreement. 41 42 HG. Licensee shall be responsible for monitoring distribution of units available to 43 customers according to parameters required by the Director. The Director may 44 require a reduction in a licensee’s total number of units based on the overall number 45 of units concentrated within a specific area. Licensees shall reduce the number of 46 units according to the following timelines:
Rules For Dockless Units Page 4 Austin Transportation Department
1 2 1. Reduction shall occur within four (4) hours of receipt of notice on 3 weekdays, 6am and 6pm, not including holidays ;. 4 5 2. At all other times, reduction shall occur within ten (10) hours of receipt of 6 notic e;e. 7 8 IH. The Director , for good cause, may terminate a license at any time for cause , and 9 require that the entire fleet of units be removed from City Austin streets, within ten 10 (10) calendar days. 11 12 JI. The Director may issue supplemental licenses and expand allowable fleet size by an 13 amount determined by the Director, for strategies that promote or incentivize good 14 parking or riding behaviors. Licensed operators shall submit strategies for review 15 and approval by the Director. Below are some examples: 16 17 1. The ability to lock to fixed bike parking infrastructure ;. 18 19 2. Technology that enables the licensee to elicit specific behavior from riders, for 20 an outcome that enhances safety and mobility ;. 21 22 3. Augmented reality that uses digital interface to display virtual parking or no 23 parking zones to riders ; and. 24 25 4. Ability to govern speed and riding location remotely. 26 27 Section 4 – Safety 28 29 A. Licensee mustshall be capable of quickly identifying and addressing safety and 30 maintenance issues with one or more of their dockless mobility units, including a 31 mechanism for customers to notify the company that there is a safety or 32 maintenance concern with the unit. 33 34 B. Licensee shall be capable of remotely disabling the use of a unit should it be 35 reported or found to have a safety, maintenance or other hazardous condition. 36 Dockless units that are reported as unsafe or non-functional shall be immediately 37 deactivated for rental and removed from operations until sufficiently repaired. 38 39 C. Licensee shall remove any unit that is not safe to operate within four (4) hours of 40 receipt of notice and shall not be redeployed until repaired. 41 42 D. Licensed operatorsLicensees shall respond to complaints and obstructions within 43 the following timeframes: 44 45 1. Emergency: Sidewalk Obstruction of less than 3 feet – 60 minutes ;
Rules For Dockless Units Page 5 Austin Transportation Department
1 2 2. Emergency: Travel and bicycle lanes – 60 minutes ; 3 4 5 3. Emergency: OtherTransit stop obstruction s – 60 minutes ; 6 7 4. Emergency: Environmentally sensitive area– 60 minutes ; 8 9 10 5. Non-Emergency: Private property – 2 hours ; 11 12 6. Non-Emergency: Rebalancing off-hours – 2 hours ; 13 14 15 7. Non-Emergency: Other obstructions and nuisances – 2 hours ; 16 17 8. Unauthorized portions of parks and trails – 2 hours; and 18 19 1.9. Other unauthorized areas – 2 hours . 20 21 E. Licensee shall keep a record of reported collisions in a format as determined by 22 the Director (See Section 7 - H) .Director . 23 24 F. Licensee shall keep a record of maintenance activities which includes 25 theincluding but not limited to unit identification number and maintenance 26 performed. 27 28 G. Licensee shall sign and record an indemnification agreement indemnifying and 29 holding harmless the City. 30 31 H. Licensee agrees to educate users on lawful and safe use of the dockless mobility 32 unit s, including encouraging users to obey traffic control devices and ride with the 33 flow of traffic.. 34 35 I. The Director may require the removal of units with batteries or motors that are 36 deemed unsafe for public use. 37 38 J. Licensees operating electric-assist units shall have a program to ensure proper 39 recycling of batteries and disposal of these batteries under Universal Waste 40 Battery disposal standards under Title 40 of the Code of Federal Regulations 41 (CFR) in part 273. 42 43 K. Licensee shall require individuals or companies that pick up, drop off or charge 44 units to wear high-visibility safety apparel that meets the Performance Class 2 or 45 3 requirements of the ANSI/ISEA 107–2004 publication entitled "American 46 National Standard for High-Visibility Apparel and Headwear" .
Rules For Dockless Units Page 6 Austin Transportation Department
1 2 L. Licensee shall employ ee an electronic method to randomly test the vehicle user 3 no less than one out every 5 rentals, on their understanding of proper usage, 4 ADA accessibility and vehicle parking prior to allowing the usage of a dockless 5 vehicle as approved by the Director. 6 7 M. Licensee shall participate in City of Austin initiatives that raise awareness for 8 accessibility, mobility and the safety of pedestrians and mobility unit users ., 9 10 N. Licensee shall provide information relating to unit locations and unit users upon 11 request of law enforcement or pursuant to judicial subpoena. (See Section 2-D). 12 13 14 15 Section 5 – Parking 16 17 A. Dockless units shall prominently display the licensee’s current contact 18 information for the purposes of requesting removal, relocation or retrieval of the 19 unit. 20 21 B. Licensee shall park dockless units and instruct users on how to park units only in 22 designated areas , defined as follows: 23 24 1. The hard surface (e.g. concrete, asphalt) within the landscape/furniture 25 zone of a sidewalk so long as there is at least 3 - foot pedestrian clear - 26 zone ; ; 27 28 2. At a public bike rack; and 29 30 3. The aAny area designated by Parking Boxes, or other method as 31 determined by the Director.Director may further designate areas by 32 geofencing, Parking Boxes or other determined method. 33 34 C. Licensee shall NOT park units and instruct users to NOT park units in restricted 35 areas , defined as follows: 36 37 1. In the area within or immediately adjacent to: 38 39 a. Americans with Disabilities Act (ADA) accommodations including 40 curb ramps, braille signs, railings and signal push buttons; 41 42 b. Sidewalk Cafes or Street Patios; 43
Rules For Dockless Units Page 7 Austin Transportation Department
1 c. Transit zones, including bus stops, shelters, passenger waiting 2 areas, and bus layover and staging zones, except at existing bike 3 racks or within areas approved by Capital Metro; 4 5 d. Loading zones; 6 7 e. Disabled parking zone; 8 9 f. Street furniture that requires parking access (for example, benches, 10 pay stations); 11 12 g. Entryways; 13 14 h. Driveways, alley or curb cut 15 16 i. Sidewalks four (4) feet or less in width;. 17 18 ii. Crosswalks; 19 20 iii. Fire hydrants; 21 22 iv. Drinking Fountain; 23 24 v. Public Art; 25 26 vi. Any fixed regulatory or informational sign; 27 28 j. and Within 25 feet of a Bike Share Station s. 29 30 k. Portions of parks that are deemed restricted by the Director of the 31 Parks and Recreation Department. 32 33 2. City bBlocks where the landscape/furniture zone is less than 3 feet wide, 34 or where there is no landscape/furniture zone. 35 36 3. The paved right-of-way between curb lines, unless there is zone approved 37 or designated by the Director. 38 39 4. The Director may further restrict additional areas for dockless mobility unit 40 parking, through geo-fencing requirements or written notice for the 41 purposes of maintaining order, safety and mobility. 42 43 D. Units that are parked incorrectly shall be re-parked in a correct manner or 44 removed by the operator within the following time frames listed in Section 4.: 45
Rules For Dockless Units Page 8 Austin Transportation Department
1 1. Within two (2) hours of receipt of notice, during weekdays, 6am and 6pm, 2 not including holidays. 3 4 2. All other times shall occur within ten (10) hours of receipt of notice. 5 6 E. Licensees shall pay the City for the costs associated with the install ation and 7 maintainmaintenance one of Parking Box es at a ratio of 5% of total fleet sizefor 8 every 10 units permitted , at locations selected and approved by the Director, per 9 Director-approved specification(s). 10 11 Section 6 – Operations and Customer Service 12 13 A. Licensee shall have a customer service phone number, website, and smart 14 phone application customer interface that are available (24) twenty - four hours a 15 day, (7) seven days a week for customers to report safety concerns, complaints 16 or ask questions. 17 18 B. Licensee shall have a staffed operations and customer service center in the City 19 of Austin. 20 21 C. Licensee shall have visible language that notifies the user of the City of Austin’s 22 “Dockless Mobility Code of Ethics” as follows: 23 24 1. Pedestrians First - People operating bicycles and scooters shall yield to 25 pedestrians on sidewalks .; 26 27 2. Parking Responsibly - Units shall be parked in a secure upright position 28 only in designated areas ;. 29 30 3. Stay on Right - of - Way - Users shall not take units to areas where they 31 are not authorized to operate ; and. 32 33 4. Know What You’re Sharing – Users have access to dockless mobility 34 services without having to share Personally Identifiable Information and 35 have the opportunity to Opt-In to sharing this information only after getting 36 clear information about what type of information will be shared.
37 45. Right and Report – If you see a unit toppled over or parked improperly; 38 help out by righting the unit and reporting the issue via 311. 39 40 D. The Director reserves the right to modify the Dockless Mobility Code of Ethics 41 and/or require licensees to provide additional information to their users. 42
Rules For Dockless Units Page 9 Austin Transportation Department
1 E. Licensee shall provide the Director with a direct contact for licensee staff that are 2 capable of rebalancing units. All licensed licensees shall remove, relocate or 3 rebalance units based on the se times listed in Section 3 (H).: 4 5 1. Rebalancing shall occur within two (2) hours of receipt of notice, during 6 weekdays, 6am and 6pm, not including holidays. 7 8 2. All other times rebalancing shall occur within ten (10) hours of receipt of 9 notice. 10 11 F. Licensee shall be responsible for implementing and submitting to the Director a a 12 marketing and outreach plan at its own cost to promote the use of dockless 13 mobility in neighborhoods currently underserved by dockless mobility options, 14 (initially defined as less than 25 licensee units per square mile, subject to change 15 at the Director’s discretion) including offering an affordable option that does not 16 require the user to access the service via a smartphone application for any 17 customer with an income level at or below 200% of the federal poverty 18 guidelines. 19 20 G. Licensee shall be responsible for implementing and submitting to the Director a 21 maintenance, cleaning, repair and waste management plan for approval. This 22 plan shall address ongoing maintenance of units, routine cleaning and repair as 23 well as how units that are no longer capable of service will be disposed of 24 responsibly. 25 26 H. Licensee shall employ an electronic payment system that is compliant with the 27 Payment Card Industry Data Security Standards (PCI DSS). Each transaction 28 shall include the unit identification number listed on the Unit Inventory List. 29 30 31 Section 7 – Privacy, Data Reporting and Sharing 32 33 A. Licensee shall be responsible for implementing and submitting to the Director a 34 privacy policy that safeguards users’ information, including personal, financial, 35 and travel information. 36 37 B. Licensee shall not require users (customers) to grant location services to use the 38 licensee’s mobility service , while the application is not in use . All other private 39 data belonging to the user, including but not limited to contacts, photos and files, 40 shall not be required to be shared in order to use the licensee’s dockless mobility 41 service. 42 43 C. Licensee shall not require users (customers) to share their private data with 3 rd 44 parties in order to use the licensee’s dockless mobility services. 45
Rules For Dockless Units Page 10 Austin Transportation Department
1 D. Licensee may allow users (customers) to opt-in (not opt-out) to providing access 2 to their contacts, photos, files, other private data and 3 rd party data sharing only 3 with clear notice to the customer. 4 5 E. Licensee shall provide the Director with updates to the terms of service; including 6 but not limited to the Privacy Policy, terms and conditions of use, and the End 7 User License Agreement (EULA) published on the licensee’s website and app , 8 and agrees to provide all customers and the Director any changes to the terms of 9 service immediately upon adoption. 10 11 F. On a quarterly basis, all licensees shall provide the Director with marketing plan 12 update. 13 14 FG. On a monthly basis, all licensees shall provide a complaint history report 15 including the number of complaints, the nature of the complaints, and the time it 16 took to remedy the complaint. 17 18 GH. On a monthly basis, all licensees shall provide a collision history report including 19 the number, severity, location and time of crash, in a format as determined by the 20 Director. 21 22 HI. Licensee shall provide the Director or a Director-authorized third party, with real- 23 time and historical information for their entire fleet through a documented web- 24 based application programming interface (API). The licensee is directly 25 responsible for providing the API key to the Director and shall not refer the City to 26 another subsidiary or parent company representative for API access. The API 27 shall deliver data according to the most current Director authorized 28 specifications , in a manner that protects individual user privacyas approved by 29 the Director . Director 30 31 IJ. Licensee found to be submitting incomplete or inaccurate data, such as 32 underrepresenting the total number of units in service, shall have their license s 33 revoked. 34 35 K. Licensee agree to provide a separate web-based application programming 36 interface (API) for the purposes of sharing data with a university research 37 institute authorized by the Director to evaluate the dockless mobility system for 38 the purposes of human factors research. 39 40 41 L. Licensee shall administer a Director-issued customer satisfaction survey within 42 (60) sixty calendar days prior to the expiration of their license and provide the 43 results of that survey to the Director (15) fifteen calendar days prior to the 44 expiration of their license. 45 46
Rules For Dockless Units Page 11 Austin Transportation Department
1 2 Section 8 – Insurance, Performance Bond and Fees 3 4 A. Licensee shall maintain commercial general liability insurance, worker’s 5 compensation, business automobile insurance and additional coverages 6 specified in the license terms and conditions. The City of Austin shall be named 7 as an additional insured. 8 9 B. Licensee shall have a performance bond of $100/unit. The form of the bond shall 10 be approved by the Director. These funds shall be accessible to the Director for 11 future public property repair and maintenance costs that may be incurred, 12 removing and storing units improperly parked or if a company is not present to 13 remove units if its license is terminated. If a licensee increases the size of their 14 fleet, the performance bond shall be adjusted appropriately before deploying 15 additional units. 16 17 C. Licensee shall pay all fees established by separate ordinance. 18 19 D. If the Director or any other City of Austin agency, department or commission, 20 including the Law Department, incurs any costs for addressing or abating any 21 violations of law, including impound dollars, impound fees, costs to recover a unit 22 from a waterway and other ancillary costs, including repair or maintenance of 23 public property, the licensee, upon receiving written notice from the City of Austin 24 regarding such costs shall reimburse the Director for these costs within (30) thirty 25 days. Any payment made pursuant to this paragraph shall not substitute for any 26 other payment otherwise owed or to be paid to the Director. 27 28 E. Under Chapter 9-1 of the City of Austin Code of Ordinances , any dockless 29 mobility unit left for more than 48 hours in one location without moving may be 30 removed and stored by the City of Austin at the expense of the licensee. 31 32 Section 9 – General 33 34 A. The Director shall approve any dockless mode type and technology, prior to 35 approving unit deployment. 36 37 B. No dockless system may operate within the City of Austin right - of - way without 38 obtaining the appropriate authorization as required by City Code Chapter 39 Ordinance § 14-9. 40 41 42 C. The Director shall determine all license terms, conditions , fines and other 43 standard or special requirements. 44
Rules For Dockless Units Page 12 Austin Transportation Department
1 D. The Director may remedy habitual rule violations by amending, suspending or 2 completely revoking a license for cause listed in City Code , Chapter 14-9 or for 3 public safety concerns. 4 5 E. The Director may require habitual violators to reduce fleet size or to completely 6 remove units from the right - of - way for revocation or during a period of 7 suspension. 8 9 F. Prior to licensing, applicants shall: 10 1. bBe in good standing with the City of Austin ; and. 11 12 2. Pprovide the Director or Director authorized third party company a 13 verifiable and fully functional API. 14 15 G. Units are eligible to be placed into operation immediately, upon authorization 16 issued by the Director.
Rules For Dockless Units Page 13 Austin Transportation Department This document is one of three forms required for a complete license application. Please submit signed and completed document (with original signatures) to Austin Transportation's Mobility Services Division.
THE STATE OF TEXAS LICENSE SURETY BOND KNOWS ALL BY THESE PRESENTS: COUNTY OF TRAVIS BOND NO.______
PRINCIPAL, ______, (check one) a corporation limited liability partnership sole proprietorship, engaged in the commercial use of sidewalks or City public right of way for the display, sale, lease or rental of dockless transportation services within the City of Austin, Texas (“CITY”), AND
SURETY, ______, a solvent company authorized under the laws of the State of Texas to act as surety on bonds for principals, agree to bind ourselves, our successors and assigns, jointly and severally, unto the CITY and to all persons who may suffer injury from any work or service undertaken by PRINCIPAL hereunder, as OBLIGEES, in the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00).
PRINCIPAL and SURETY are bound to pay this amount to OBLIGEES only if PRINCIPAL fails to fulfill the following obligations: a. PRINCIPAL shall indemnify and hold harmless the CITY and all other persons and entities from all claims for damages to any person or property, including all costs and expenses, arising out of PRINCIPAL’s use of the right-of-way within the CITY; b. PRINCIPAL shall repair any damage and correct any defect to the right-of-way, caused by PRINCIPAL’s use of the right-of-way and shall warrant such work for a period of one year following completion of same; c. PRINCIPAL shall remove or reduce in concentration dockless mobility units that the director has determined, that cause or significantly contribute to sidewalk congestion or make access to abutting property hazardous; d. PRINICPAL shall remove mobility units that the director deems unsafe for use due to defect or non-conformance with Chapter 14- 9 or the applicable rules; d. PRINCIPAL shall pay all costs, fees, charges, fines, assessments or judgments levied against or incurred by PRINCIPAL for the removal and storage of dockless mobility units, which may become due to the CITY or to other persons or entities as a result of the activities undertaken hereunder by PRINCIPAL; e. PRINCIPAL, its agents and employees shall perform all work in strict compliance with all applicable laws, ordinances, resolutions, rules and regulations; and f. PRINCIPAL and SURETY shall not violate any of the terms of this bond
If this nbo d is canceled or the coverage of this nbo d is restricted for any reason, SURETY shall immediately deliver written notice of such to the CITY and to the Director of the Austin Transportation Department. The cancellation or restriction becomes effective after thirty (30) working days from the date the CITY receives the notice. Cancellation or restriction does not affect SURETY’S liability on any transaction begun b efore the effective date of the cancellation or restriction. In the event of cancellation or restriction, PRINCIPAL will be suspended from all rights and p rivileges and no license will be issued to PRINCIPAL under Chapter 14-9 of the City Code of Au stin, as a pplicable. This suspension remains ef fective until the nbo d coverage required by the applicable rule or section of code is fully restored.
The bond will be binding upon PRINCIPAL and SURETY from the _____ day of ______20___, until midnight, the _____ day of ______20___. Signed, sealed, and executed this _____ day of ______, 20___.
PRINCIPAL SURETY BY: ______BY: ______(Signature) (Signature) Name: ______Name: ______Title: ______Title: ______Address: ______Address: ______Address: ______Address: ______Phone: ______Phone: ______1 How Austin E-ScootsAUSTIN’S
CLOTHES & MORE BARBER SHOP
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Wear helmets for safety.
Ride in the bicycle lane or vehicle lane. Park respectfully. Don’t block the sidewalk. Scoot respectfully on the sidewalk. One person per scooter.
AustinTexas.gov/DocklessMobility Electric Scooters. Be informed. Berock Safe. java Before you hop on, know the rules of the road: For more information visit 1. One person per scooter. AustinTexas.gov/DocklessMobility 2. Yield to people walking, bicycling and people with disabilities. 3. Wear a helmet for safety. 4. Don’t ride on parkland. 5. Don’t ride while under the influence of intoxicants. 6. Park scooters with care. This document is one of three forms required for a complete license application. Please submit signed and completed documents to Austin Transportation's Mobility Services Division.
City of Austin______Austin Transportation Department, Mobility Services Division 1111 Rio Grande Street, Austin, Texas 78701 [email protected] CITYWIDE LICENSE TERMS AND CONDITIONS
1. INTRODUCTION 1.1 Agreement: These Terms and Conditions are made in conjunction with the Director’s Rules and any other agreement between the Licensee and the City of Austin. Together, these documents record our agreement in relation to the use of City of Austin right of way.
1.2 Priority: If there is any inconsistency between these Terms and Conditions and/or any other agreements, the Terms and Conditions shall prevail in that order, over the Rules.
2. INSURANCE REQUIREMENTS 2.1 Business Automobile Liability Insurance with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements: A. Waiver of Subrogation in favor of the City of Austin, endorsement CA 0444, or equivalent coverage B. 30 day Notice of Cancellation in favor of the City of Austin, endorsement CA 0244, or equivalent coverage C. City of Austin listed as additional Insured, endorsement CA 2048, or equivalent coverage 2.2 Commercial General Liability Insurance with a minimum bodily injury and property damage per occurrence limit of $500,000 for coverages A (bodily injury and property damage) & B (personal and advertising injury). The policy shall contain the follow provisions: Products and Completed Operations with a minimum limit of $500,000 Explosion, Collapse, and Underground (XCU) coverage Independent Contractors coverage
2.3 The policy shall be endorsed and certificates shall reflect the following: City of Austin listed as additional insured, Endorsement CG 2010 or equivalent. A. Waiver of Subrogation in favor of the City of Austin, Endorsement CG 2404 or equivalent. B. 30 day Notice of Cancellation in favor of the City of Austin, Endorsement CG 0205 or equivalent.
2.4 Certificate Holder and ALL ENDORSEMENTS naming the CITY as Additional Insured, granting Waivers, and providing Notice of Cancellation, shall indicate: City of Austin, ATTN: Mobility Services P.O. Box 1088 Austin, Texas 78767
1 2.5 The REQUESTOR’S insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best Ratings of B+ VII or better. The "other" insurance clause shall not apply to the CITY where the CITY is an additional insured shown on any policy. It is intended that policies required in the AGREEMENT, covering both the CITY and REQUESTOR, shall be considered primary coverage as applicable. If coverage is underwritten on a claims made basis, the retroactive date shall be coincident with the date of the AGREEMENT and the certificate of insurance shall state that the coverage is claims made and the retroactive date shall be shown. The REQUESTOR shall provide the CITY annually with a certificate of insurance as evidence of such insurance. If insurance policies are not written for amounts specified above, the REQUESTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. The REQUESTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the AGREEMENT or as required in the AGREEMENT. The REQUESTOR shall be responsible for premiums, deductibles, self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the certificate of insurance. The CITY reserves the right to review the insurance requirements set forth during the effective period of this AGREEMENT and to make reasonable adjustments to insurance coverage, limits and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, and the claims history of their industry or financial condition of the insurance company as well as the REQUESTOR. The insurance coverages required are required minimums and are not intended to limit the responsibility or liability of the REQUESTOR.
3. LICENSE PAYMENT 3.1 Initial Payment: Prior to issuance of license(s), the applicant shall pay the appropriate non- refundable fees, as established by ordinance.
3.2 Per Unit Fee: The licensee shall pay a fee per unit.
4. LICENSE TERM 4.1 Initial Term: From the date of issuance, the license shall be valid for no longer than six (6) months.
4.2 Renewal: Upon expiration of the Initial Term, the License will automatically renew for six (6) months with the same terms and conditions, upon payment of applicable fees, unless either the City or Licensee chooses not to renew. If the City chooses not to renew this Agreement, the City shall notify the Licensee of non-renewal at least two (2) weeks prior to the expiration of the then-current term. If the Licensee chooses not to renew this Agreement, the Licensee shall notify the City of non-renewal at least two (2) weeks prior to the expiration of the then-current term.
4.3. Termination for Cause by City: The City may terminate a license, based on the Licensee’s inability to cure such defaults listed below. The City's right to terminate this Agreement for 2 Licensee's default is cumulative of all its rights and remedies which exist now or in the future. Default by Licensee includes, but is not limited to:
A. Failure of the Licensee to comply with any requirement in City Code or Rules. B. Licensee becomes insolvent;
4.4. Termination by Licensee: The licensee may terminate a license at any given time, by providing the City a minimum of a two (2) week notice. Upon termination, the licensee shall inform their customers of the change and remove the units within ten (10) business days.
5. LICENSE REVOCATION 5.1 Initial Term: From the date of issuance, the license shall be valid for no longer than six (6) months.
6. LICENSEE DEBT Licensee shall comply with the City Code and Director Rules, as amended from time to time. If the City becomes aware that the Licensee owes any money to the City or any related entity for Ad Valorem Taxes on real or personal property located within the boundaries of the City (“Debt), it shall notify Licensee in writing. If Licensee does not pay the debt within thirty (30) days of such notification, the Director reserves the right to terminate the license.
7. EXCLUSION This Program does not regulate or authorize operation at the Austin Bergstrom International Airport (ABIA). Such operation shall be with the approval of the ABIA Director and under such terms and conditions as the ABIA Director shall prescribe, including assessment of a fee.
8. NO RECOURSE No recourse shall be had against any elected official, director, officer, attorney, agent, or employee of either of the Parties, whether in office on the effective date of this license or after such date, for any claim based upon this agreement.
9. NO JOINT VENTURE, PARTNERSHIP, AGENCY Nothing in this license will be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer – employee or borrowed servant relationship by and among the parties.
10. NO PRIVATE RIGHTS Nothing in this license will be construed in any form or manner to convey any private property right in, or to, the use of any street or public right-of-way. All permissions granted by this agreement shall be subject to the superior right of the public to the safe and orderly movement of people and traffic.
11. MISCELLANEOUS PROVISIONS
3 11.1 This agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any previous agreement, assertion, statement, understanding or other commitment before the date of this contract, whether written or oral, shall have no force or effect. No agreement, assertion, statement, understanding, or other commitment during the term of this Program, or after the term of this Program, shall have any legal force or effect unless properly executed in writing by the parties.
11.2 This Program is made, and shall be construed and interpreted under the laws of the State of Texas and venue for any lawsuit concerning this Program shall lie in the City of Austin, Travis County, Texas.
11.3 Regardless of the actual drafter of this agreement, this agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against any party.
11.4 All official communications and notices required to be made under this Program shall be deemed made if sent, postage prepaid to the parties at the attention of the signatories hereto.
11.5 The Parties bind themselves and their successors in interest, assigns and legals to this Program.
12. INDEMNITY [NAME OF ENTITY] SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY, ITS OFFICERS, APPOINTED OR ELECTED OFFICIALS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (INDEMNIFIED PARTIES), AGAINST ALL COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, EXPENSES, AND COURT COSTS), LIABILITIES, DAMAGES, CLAIMS, SUITS, ACTIONS, AND CAUSES OF ACTIONS (CLAIMS), TO THE EXTENT ARISING, DIRECTLY OR INDIRECTLY, OUT OF (A) A BREACH OF THIS AGREEMENT OR VIOLATION OF LAW BY [NAME OF ENTITY], ITS OFFICERS, AGENTS, EMPLOYEES, [NAME OF ENTITY]’S SUB-ENTITIES, SUCCESSORS OR ASSIGNS, ([NAME OF ENTITY] PARTIES), (B) A FALSE REPRESENTATION OR WARRANTY MADE BY THE [NAME OF ENTITY] PARTIES IN THIS AGREEMENT OR IN [NAME OF ENTITY]’S PROPOSAL, (C) THE NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF A STANDARD OF STRICT LIABILITY BY THE [NAME OF ENTITY] PARTIES IN CONNECTION WITH THIS AGREEMENT. CLAIMS TO BE INDEMNIFIED UNDER THIS ARTICLE INCLUDE CLAIMS FOR BODILY INJURY OR DEATH, OCCUPATIONAL ILLNESS OR DISEASE, LOSS OF SERVICES WAGES OR INCOME, DAMAGE DESTRUCTION OR LOSS OF USE OF PROPERTY, AND WORKERS’ COMPENSATION CLAIMS. [NAME OF ENTITY]’S OBLIGATIONS UNDER THIS ARTICLE ARE NOT EXCUSED IN THE EVENT A CLAIM IS CAUSED IN PART BY THE ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT OF THE INDEMNIFIED PARTIES. City shall give [NAME OF ENTITY] written notice of a Claim asserted against an Indemnified Party. [NAME OF ENTITY] shall assume on behalf of the Indemnified Parties and conduct with due diligence and in good faith the defense of all Claims against the Indemnified Parties. The Indemnified Parties shall have the right (but not the obligation) to participate in the defense of any claim or litigation with attorneys of their own selection without relieving [NAME OF ENTITY] of any obligations in this agreement. In no event may [NAME OF ENTITY] admit liability on the part of an Indemnified Party without the written consent of City Attorney.
4 Maintenance of the insurance required under this Agreement shall not limit [NAME OF ENTITY]’s obligations under this Article. [NAME OF ENTITY] shall require all subcontractors to indemnify City as provided in this Article. BY SIGNING BELOW, I AGREE TO ALL OF THE TERMS OUTLINED ABOVE.
I DECLARE THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND THAT I HAVE READ THE CITY OF AUSTIN CODE SECTION 14-9-1 THROUGH 14-9-23, AND I UNDERSTAND ALL CONDITIONS OF THIS APPLICATION AS SET FORTH HEREIN AND THE CITY CODE.
______PRINT NAME AND TITLE
______SIGNATURE OF APPLICANT (MUST SIGN IN THE PRESENCE OF NOTARY)
THE PERSON KNOWN TO ME TO BE THE ABOVE SIGNED APPLICANT IS DULY SWORN BY ME AND STATES UNDER OATH THAT HE/SHE HAS READ THIS APPLICATION AND THAT ALL FACTS THEREIN SET FORTH ARE TRUE AND CORRECT.
SWORN TO ME ON THIS, THE ______DAY OF ______, 20___
______NOTARY PUBLIC SIGNATURE
5
Bike Share Permit Requirements
Charlotte Department of Transportation
10/13/2017 Revised 5/21/2018 (Added e-scooters) Revised 6/11/2018 (Altered Requirement M11)
May 21, 2018
The City of Charlotte has amended the following Bike Share Permit Requirements to add e- scooters to the Bike Share Pilot Program. For existing permit holders, no additional permits are necessary to add e-scooters to their fleets. Even though new permits are not required, Operators must follow the new guidelines. For new e-scooter Operators, the same Bike Share Permit will be used to maintain consistency with existing permit holders. As with existing Bike Share Permits, new permits issued will expire on November 1, 2018. At the end of the Pilot Program, Charlotte Department of Transportation (CDOT) will evaluate the success of the program, and may recommend ordinance changes to City Council that would allow multiple bike and/or e-scooter share Operators within the city’s right-of-way. No additional modes may be launched without permission from the City.
If CDOT or any other City department or office incurs substantial costs in addressing or abating any violations of these requirements, or incurs any costs of repair or maintenance of public property, upon receiving written notice of the City costs, the permitted Operator shall reimburse CDOT for such costs within 30 days.
All changes to the previous Bike Share Permit Requirements are tracked below.
Any Operator interested in applying for a permit shall submit an application to CDOT. The application must include at least these items:
1. Table outlining how applicant meets each lettered (e.g. S1, M1, etc.) Bike Share Requirement; 2. Completed Bike Share Permit; 3. Insurance documentation; 4. Images and description of bicycle and/or scooters and mobile application; 5. Size of fleet at launch, including any planned fleet expansions and proposed time periods of expansion during the pilot period; 6. Service area at launch, including any planned expansions and proposed time periods of expansion during the pilot period; and 7. Plan for educating users on proper parking.
Please submit applications to Bruce Horldt, [email protected]
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SAFETY
Requirement S1: All bicycles used in systems issued a permit under this pilot program shall meet the standards outlined in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part 1512 – Requirements for Bicycles. Additionally, permitted systems shall meet the safety standards outlined in ISO 43.150 – Cycles, subsection 4210.
Requirement S2: All e-scooters in systems issued a permit under this pilot program shall meet equivalent safety standards as those outlined in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part 1512 – Requirements for Bicycles. When powered solely by a motor, e-scooters should be incapable of exceeding 15 mph. Additionally, the City may terminate any permit issued under this pilot program if the battery or motor on an e-scooter is determined by CDOT to be unsafe for public use.
Requirement S3: Any permitted electric bicycles under this pilot program shall meet the National Highway Traffic Safety Administrations (NHTSA) definition of low-speed electric bicycles; and shall be subject to the same requirements as ordinary bicycles (described above). This means, among other requirements, that electric bicycles shall have fully operable pedals, an electric motor of less than 750 watts, and a top motor-powered speed of less than 20 miles per hour when operated by a rider weighing 170 pounds. Additionally, the City may terminate any permit issued under this pilot program if the battery or motor on an electric bicycle is determined by CDOT to be unsafe for public use.
Requirement S4: All bicycles and e-scooters shall meet the North Carolina General Assembly (NCGA) requirements for lights during hours of darkness, including a front light that emits white light and a rear red reflector as described in G.S. 20-129, and all other applicable requirements of state law.
Requirement S5: Every bicycle and e-scooter shall have a unique identifier that is clearly displayed and visible to the user.
Requirement S6: Every bicycle and e-scooter shall have a customer service phone number that is in-service during all operating hours and clearly displayed and visible to the user.
Requirement S7: All Operators shall provide in-app messaging that notifies their users of the following:
People operating bicycles/e-scooters shall adhere to all applicable local, state, and federal laws regarding motorized and non-motorized vehicles People operating bicycles/e-scooters shall yield to pedestrians People shall operate bicycles/e-scooters safely and park responsibly
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MAINTENANCE & OPERATIONS
Requirement M1: All permitted Operators shall continuously maintain throughout the entire term of the permit the insurance coverage and limits of liability as outlined in the Bike Share Permit at no expense to the City.
Requirement M2: Prior to the permit being issued, all permittees shall sign and record an agreement indemnifying and holding harmless the City as outlined in the Bike Share Permit.
Requirement M3: All permitted Operators shall have staffed operations located within the City of Charlotte for the purpose of maintenance and rebalancing efforts.
Requirement M4: All permitted Operators under the pilot permit program shall provide Charlotte Department of Transportation (CDOT) with a direct local contact for Operator staff that are capable of rebalancing and relocating improperly parked bicycles and e-scooters.
Requirement M5: All permitted Operators under the pilot permit program shall provide CDOT with five account logins for city oversight.
Requirement M6: All permitted Operators shall have a 24-hour customer service phone number for customers to report safety concerns, maintenance issues, complaints, or ask questions. In addition, permitted Operators are required to provide contact information for local operation staff for publishing on City’s website and/or other materials.
Requirement M7: Any inoperable or unsafe bicycle/e-scooter shall be removed from the right- of-way within 24 hours of notice by any means to the Operator by any individual or entity, and shall be repaired before placing back into the City right-of-way.
Requirement M8: The City may remove bicycles/e-scooters from the right-of-way if it interferes with pedestrian or vehicular traffic or impedes or obstructs the right-of-way.
Requirement M9: The City may, in its sole discretion and without prior notice, remove bicycles/e-scooters from the right-of-way if an emergency arises. In such instances, the City will attempt to notify the permitted Operator as soon as reasonably practicable thereafter.
Requirement M10: Permitted Operators shall have a minimum bicycle fleet of 200 bicycles. Electric bicycles and traditional bicycles are counted equally toward this minimum. Should a permitted Operator choose to deploy e-scooters, they shall have a minimum fleet of 50 e- scooters.
Requirement M11: Permitted Operators shall have a maximum bicycle fleet of 500 bicycles. Electric bicycles and traditional bicycles are counted equally toward this maximum. Should a
CDOT | Bike Share Permit Requirements 3 permitted Operator choose to deploy e-scooters, they shall have a maximum fleet of 300 e- scooters. CDOT will evaluate the ability to phase-in an expanded fleet throughout the term of the pilot.
Requirement M12: All applicants to the pilot permit program shall include the fleet size in their application. Permitted Operators shall notify CDOT if they plan to change their fleet size two weeks before deployment.
Requirement M13: Operators shall not use bicycles/e-scooters for the sale or display of third- party advertising. Operators shall not publish or advertise the City or CDOT’s endorsement of their system in marketing or promotional materials.
PARKING
This permit is only valid for operations within the right-of-way managed by the City of Charlotte. Additional zones may be established; for example, locations within parks, publicly-accessible plazas, off-street parking lots/garages, or campuses upon consultation with appropriate governmental entities and/or landowners.
Requirement P1: The City is not legally permitted to allow private infrastructure in the right-of- way and requires donation of the infrastructure to the City before installation.
Requirement P2: Bicycles/e-scooters shall be parked in the pedestrian zone of the sidewalk, the green zone (i.e. the planting strip if not landscaped) or at a City-owned bicycle rack. Operators shall inform customers on how to park properly. For more information on parking zones, please reference Requirement P5.
Requirement P3: Bicycles/e-scooters shall only be parked within the pedestrian and green zones and shall be upright when parked.
Requirement P4: In no case shall the placement of bicycles/e-scooters reduce the width of pedestrian zone to less than six feet. In the Congested Business District (as defined in Sec. 6-431 of Charlotte’s City Code), and within ¼ mile of any rail transit station, this pedestrian clear zone requirement shall be eight feet.
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Requirement P5: Restrictions to eligible parking zones:
1. Bicycles/e-scooters shall not be parked in any vehicular travel lane or bicycle lane. 2. Bicycles/e-scooters shall not be parked at the corner curb sight radius area of sidewalks and shall not conflict with the required intersection sight triangle distance (as defined in Sec. 12.109 of Charlotte’s City Code). 3. Bicycles/e-scooters shall not be parked on blocks where the pedestrian zone is less than six feet wide, or in any place where there is no planting strip/amenity zone directly adjacent to the parked bicycle. 4. Bicycles/e-scooters shall not be parked on blocks without sidewalks. 5. Bicycles/e-scooters shall not be parked in the pedestrian zone adjacent to or within: a. Parklets or sidewalk dining; b. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; c. Loading zones; d. Accessible parking zones and associated loading zones; e. Street furniture that requires pedestrian access (for example - benches, parking pay stations, bus shelters, transit information signs, newsracks, permanent bike share docks, etc.); f. Curb ramps and signal push buttons; g. Entryways, exits and must maintain a 10 foot clearance; and h. Driveways. 6. The City reserves the right to determine certain areas where bicycle/e-scooter parking is prohibited.
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7. If notified of public access and safety concerns by the City, Operators shall rebalance bicycles/e-scooters within two hours 8. When deploying or rebalancing, Operators shall not place more than three bicycles and two e-scooters on a block face.
Requirement P6: CDOT may create defined parking zones within certain areas where bicycles/e-scooters shall be parked.
Requirement P7: Any bicycle/e-scooter that is parked incorrectly shall be promptly re-parked in a correct manner or removed by the Operator based on these times:
7am to 7pm seven days a week, not including holidays - within two hours of receiving notice, All other times – within 12 hours of receiving notice.
Requirement P8: A permitted Operator shall remove any bicycle/e-scooter that is parked in one location for more than seven consecutive days upon notice. If the bicycle/e-scooter is not removed by the permitted Operator, the City of Charlotte may remove the bicycle and take it to a City facility for storage at the expense of the permitted Operator.
DATA SHARING
Requirement D1: All permitted Operators shall distribute and collect a customer survey, to be provided by CDOT, to all users prior to the end of the Pilot Program.
Requirement D2: All permitted Operators shall maintain a record of maintenance activities, including but not limited to bicycle identification number and maintenance performed for the entirety of the pilot program. These records shall be made available to CDOT, upon request.
Requirement D3: All permitted Operators shall provide CDOT with a monthly data report containing the items listed below. Operators will be provided with a monthly data report template. For each month’s data report, this template should be filled out completely and submitted to CDOT staff by the end of business on the 7th day of the following month. For example, the monthly data report for May will be due by 5pm on June 7th.
If a permitted Operator has bicycles and e-scooters in their fleet, they are required to submit two separate data reports, one report specific to bicycles and one report specific to e-scooters.
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The data that Operators will be required to report is as follows:
Total trips for the month, and for each week in the month Total trip distance for the month, quarter and year Average distance and duration of each trip Number of bikes in circulation, for each week in the month Daily trips per bike/e-scooters (Average number of trips per bike/e-scooters per day) Number of bikes/e-scooters vandalized, damaged, and repaired Number of users in the Charlotte area, according to frequency of use o New users (riders who took their first trip but only used a bike/e-scooter once) o 1-3 trips o 4-8 trips o 9-15 trips o 16-30 trips o 31-60 trips o More than 60 trips Total number of complaints, total number of complaints resolved, and number of complaints by type: o Bikes/e-scooters blocking sidewalk o Bikes/e-scooters on private property o Bike/e-scooters is vandalized o Bike/e-scooters is inoperable o Other
Requirement D4: All permitted Operators shall provide CDOT with anonymized real-time data (information that is delivered immediately after collection) on the entire Charlotte fleet, upon request.
Requirement D5: All permitted Operators shall provide the following anonymized data for each trip record to inform and support safe and effective management of the system, and for transportation planning efforts. Data will be submitted to a third-party researcher, designated by CDOT.
1. Rider profile: a. Gender - reported by male, female, and other. b. Age - reported based on the following age groups: 5-17, 18-24, 25-34, 35-44, 45- 54, 55-64, 65 and over.
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2. For each trip taken:
Field Name Format Description Operator Name [Operator name] n/a Type of bicycle “Standard” or “Electric” n/a Trip record number xxx0001, xxx0002, xxx0003, … 3-letter Operator acronym + consecutive trip # Trip duration MM:SS n/a Trip distance Feet n/a Start date MM,DD,YYYY n/a Start time HH:MM:SS (00:00:00- 23:59:59) n/a End date MM,DD,YYYY n/a End time HH:MM:SS (00:00:00- 23:59:59) n/a Start location Census block n/a End location Census block n/a Bicycle/e-scooter ID xxxx1, xxxx2, …. Unique identifier for every bicycle/e- number scooter, determined by the Operator
3. For bicycle/e-scooter availability:
Field Name Format Description GPS Coordinate X,Y n/a Availability duration Minutes n/a Availability start date MM, DD, YYYY n/a Availability start time HH:MM:SS (00:00:00- n/a 23:59:59)
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BIKE SHARE PERMIT
THIS PERMIT is issued this day of , 2018, by the City of Charlotte, North Carolina, (hereinafter “City”), to ______(hereinafter “Operator”).
Pursuant to the Charlotte City Code, and subject to the terms and conditions set forth herein, this Bike Share Permit allows the Operator to operate within Right-of-Way controlled by the City of Charlotte. This Permit does not, however, constitute a permit for any particular installation, maintenance, repair, or removal of a bike share station.
1. Definitions.
“Bike Share” means a transportation program that allows users to rent bicycles within a city for point-to-point trips.
“Bike Share Fleet” means a specially designed, sturdy and durable group of bikes that operate together under the same ownership.
“Stationless Bike Share” means users can pick up a bicycle anywhere within a system’s service area, ride it from point-to-point, and park it wherever they arrive, within the system's service area.
“Bike Share Station” means users can pick up a bicycle at any self-serve bike-station owned by the City of Charlotte, ride it from point-to-point, and return it to any other bike station located within the system's service area.
“Designated Bike Share Parking Area” means users must park bicycles in a designated area as defined by the City of Charlotte.
“Bike Share Facility” refers to a bike share fleet, bike share station owned by the City of Charlotte, and/or designated bike share parking area maintained by an Operator.
“Right-of-Way” is defined by applicable City Code and state law, but generally refers to the area on, below, and above an existing or proposed public roadway, highway, street, bicycle lane or sidewalk, planting strip, and associated adjacent land, in which the City has a property interest, whether by easement or fee and regardless of how acquired or established, for public travel and utility purposes. For purposes of this Permit, “Right-of-Way” shall not include property held or acquired primarily for the purpose of the movement of public transit vehicles, including railroad right-of-way.
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2. Term. This Permit shall expire on day November 1, 2018.
3. Filing of Information. Operator shall file with the City, and keep current, the following information:
a) The name, address, telephone number, fax number and e-mail address of a local representative(s). A local representative shall be available during normal business hours.
b) Information regarding how to contact the Operator in an emergency.
c) Name, address, telephone number, fax number, and e-mail address of all contractors authorized to work on Operator’s behalf. The Operator shall be liable to the City for any and all work performed on the Operator’s behalf in connection with this permit.
d) Operator shall file changes or additions to the above required information within fifteen (15) business days following the date on which Operator has knowledge of any changes or additions. Notwithstanding the foregoing, emergency contact information and information regarding authorized contractors shall be kept current at all times.
e) Operators shall prepare and maintain maps of Bike Share Stations and/or Designated Bike Share Parking Area located within the City limits. Upon request, Operator shall allow the City to review such maps.
4. Removal and Relocation. If at any time the City shall require the removal of or changes in the location of any of Operator’s’ Bike Share Station, Designated Bike Share Parking Area and/or Bike Share Fleet located in the Right-of-Way, Operator shall promptly remove or alter such facilities, in order to conform to the City’s requirement, without any cost to the City.
5. Abandoned Facilities. A bike share facility that is not used and maintained by Operator shall be deemed to be abandoned after reasonable notice by the City. Upon abandoning a facility, Operator shall either remove the Bike Share Station, Designated Bike Share Parking Area and/or Bike Share Fleet or ask the City for permission to leave the abandoned bike share facility in place. If the City refuses to allow an abandoned bike share facility to be left in place, Operator shall remove the
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bike share facility as prescribed by the City. The City, its officers, employees, agents, servants, and contractors shall not be liable to Operator for damage to or removal or destruction of an abandoned bike share facility.
6. Indemnification. To the fullest extent permitted by law, the Operator shall indemnify, defend and hold harmless each of the “Indemnitees” (as defined below) from and against any and all “Charges” (as defined below) paid or incurred as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary right with respect to the Services or any products or deliverables provided to the City pursuant to this Contract (“Infringement Claims”); (ii) seeking payment for labor or materials purchased or supplied by the Operator or its subcontractors in connection with this Contract; (iii) arising from the Operator’s failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Operator or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from any claim that the Operator or an employee or subcontractor of the Operator is an employee of the City, including but not limited to claims relating to worker’s compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term “Indemnitees” means the City and each of the City’s officers, officials, employees, agents and independent contractors (excluding the Operator); and (b) the term “Charges” means any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts).
If an Infringement Claim occurs, the Operator shall either: (i) procure for the City the right to continue using the affected product or service; or (ii) repair or replace the infringing product or service so that it becomes non-infringing, provided that the performance of the overall product(s) and service(s) provided to the City shall not be adversely affected by such replacement or modification. If the Operator is unable to comply with the preceding sentence within thirty (30) days after the City is directed to cease use of a product or service, the Operator shall promptly refund to the City all amounts paid under this Contract.
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This Section shall remain in force despite termination of this Contract (whether by expiration of the term or otherwise).
7. Insurance. The Operator shall obtain and maintain during the life of this Contract, with an insurance Company rated not less than “A” by A.M. Best, authorized to do business in the State of North Carolina, acceptable to the Charlotte-Mecklenburg, Risk Management Division the following insurance:
a) Automobile Liability - Bodily injury and property damage liability covering all owned, non-owned and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident and $1,000,000 property damage, or $1,000,000 combined single limit - bodily injury and property damage.
b) Commercial General Liability - Bodily injury and property damage liability as shall protect the Operator and any subcontractor performing Services under this Contract, from claims of bodily injury or property damage which arise from performance of this Contract, whether such operations are performed by the Operator, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $2,000,000 bodily injury each occurrence/aggregate and $2,000,000 property damage each occurrence/aggregate, or $2,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, operations, personal and advertising injury, and contractual liability, assumed under the indemnity provision of this Contract.
c) Workers’ Compensation and Employers Liability - meeting the statutory requirements of the State of North Carolina, $500,000 per accident limit, $500,000 disease per policy limit, $500,000 disease each employee limit.
The Operator shall not commence any Services in connection with this Contract until it has obtained all of the foregoing types of insurance and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence Services on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.
CDOT | Bike Share Permit Requirements 12
OTHER INSURANCE REQUIREMENTS.
d) The City shall be exempt from, and in no way liable for any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Operator and/or subcontractor providing such insurance.
e) The City of Charlotte shall be named as an additional insured for operations or services rendered under the general liability coverage. The Operator’s insurance shall be primary of any self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the Operator’s operations under this agreement.
f) Certificates of such insurance will be furnished to the City and shall contain the provision that the City be given thirty (30) days’ written notice of any intent to amend coverage reductions or material changes or terminate by either the insured or the insuring Company.
g) Should any or all of the required insurance coverage be self-funded/self-insured, a copy of the Certificate of Self-Insurance or other documentation from the North Carolina Department of Insurance shall be furnished to the City.
h) If any part of the Services under this Contract is sublet, the subcontractor shall be required to meet all insurance requirements as listed above. However, this will in no way relieve the Operator from meeting all insurance requirements or otherwise being responsible for the subcontractor.
8. Permit Subject to Exercise of Police Powers. All right and privileges granted herein are subject to the police powers of the City and its right to make laws and regulations.
9. Non-Assignability. This Permit may not be transferred or assigned.
10. Adherence to Bike Share Permit Requirements. The Operator shall abide by all terms as outlined in the City’s Bikes Share Permit Requirements.
CDOT | Bike Share Permit Requirements 13
11. Permit Subject to Additional or Altered Conditions. The City may determine additional or altered permit conditions during the Pilot Program. Further, the City reserves the right to terminate permits at any time and require that the entire fleet of bike share bicycles be removed from Charlotte right-of-way within 30 days, unless a different time period is determined by CDOT.
12. Agreement with and Acceptance of Terms. By accepting this Permit and exercising the right granted herein, the Operator agrees to and is hereby bound by the terms of the Permit.
CITY OF CHARLOTTE, NORTH CAROLINA
BY:
______
Director of the Charlotte Department of Transportation
ACCEPTED:*
Signature ______
Name: ______
Title: ______
Date: ______
* This Permit is not valid until accepted in writing by the permit applicant and the City.
CDOT | Bike Share Permit Requirements 14
______1 8099
6-26- 18
ORDINANCE NO. 30936
An ordinance amending Chapter 43, “Streets and Sidewalks,” of the Dallas City Code by adding
a new Article X, “Dockless Vehicle Permit”; providing that a permit is required to operate a
dockless vehicle service in the city; establishing fees and providing regulations for a dockless
vehicle permit program; providing a penalty not to exceed $500; providing a saving clause;
providing a severability clause; and providing an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That Chapter 43, “Streets and Sidewalks,” of the Dallas City Code is
amended by adding a new Article X, “Dockless Vehicle Permit,” to read as follows:
“ARTICLE X.
DOCKLESS VEHICLE PERMIT.
SEC. 43-157. DEFINITIONS.
In this article:
(1) DIRECTOR means the director of the department designated by the city manager to enforce and administer this article and includes representatives, agents, or department employees designated by the director.
(2) DOCKLESS VEHICLE means a bicycle, an electric bicycle, or an electric motor-assisted scooter, pursuant to the definitions set forth in Texas Transportation Code, Sections 541.201 and 551.351, that can be located and unlocked using a smartphone app.
(3) OPERATOR means an individual or company that has been issued an operating authority permit under this article.
(4) REBALANCE means moving dockless vehicles from an area of low demand to an area of high demand.
(5) RESIDENTIAL AREA means a residential district as defined in Section 5 1A-2. 102, “Definitions,” of the Dallas Development Code, or a planned development district or conservation district with residential base zoning.
Dockless Vehicles - Page 1 1 8O99 30936
SEC. 43-158. GENERAL AUTHORITY AND DUTY OF DIRECTOR.
The director shall implement and enforce this article and may by written order establish such rules or regulations, consistent with this article and state or federal law, as he determines are necessary to discharge his duty under, or to affect the policy of, this article.
SEC. 43-159. ESTABLISHMENT OF RULES AND REGULATIONS.
(a) Before adopting, amending, or abolishing a rule, the director shall hold a public hearing on the proposal.
(b) The director shall fix the time and place of the hearing and, in addition to notice required under the Open Meetings Act (Chapter 551, Texas Government Code), as amended, shall notify each operator and such other persons as the director determines are interested in the subject matter of the hearing.
(c) After the public hearing, the director shall notify all operators and other interested persons of the director’s action and shall post an order adopting, amending, or abolishing a rule on the official bulletin board in city hall for a period of not fewer than 10 days. The order becomes effective immediately upon expiration of the posting period.
SEC. 43-160. OPERATING AUTHORITY PERMIT.
A person commits an offense if, within the city, he operates, or causes or permits the operation of, a dockless vehicle service without a valid operating authority permit issued under this article.
SEC. 43-161. APPLICATION FOR OPERATING AUTHORITY PERMIT.
(a) To obtain an operating authority permit, a person shall make application in the manner prescribed by the director. The applicant must be the person who will own, control, or operate the proposed dockless vehicle program.
(b) An applicant shall file with the director a verified application statement, to be accompanied by a non-refundable application fee, containing the following:
(1) the form of business of the applicant and, if the business is a corporation or association, a copy of the documents establishing the business and the name and address of each person with a 20 percent or greater ownership interest in the business;
(2) the verified signature of the applicant;
(3) the address of the fixed facilities to be used in the operation, if any, and the address of the applicant’s corporate headquarters, if different from the address of the fixed facilities;
Dockless Vehicies Page 2 180990 30936
(4) the name of the person designated by the applicant to receive on behalf of the applicant any future notices sent by the city to the operator, and that person’s contact information, including a mailing address, telephone number, and email or other electronic address;
(5) documentary evidence from an insurance company indicating that such insurance company has bound itself to provide the applicant with the liability insurance required by this article;
(6) documentary evidence of payment of ad valorem taxes on property within the city, if any, to be used in connection with the operation of the proposed dockless vehicle program;
(7) documentary evidence from a bonding or insurance company or a bank indicating that the bonding or insurance company or bank has bound itself to provide the applicant with the performance bond or irrevocable letter of credit required by this article;
(8) the number and types of dockless vehicles to be operated; and
(9) an agreement to indemnify the city.
(c) An operating authority permit may be renewed following the process in this section.
(d) The initial application for an operating authority permit must be accompanied by an application fee of $808 and the appropriate vehicle fee as specified in Section 43-172. Applications to renew an operating authority permit must be accompanied by an application fee of $404 and the appropriate vehicle fee as specified in Section 43-172.
SEC. 43-162. CHANGES TO INFORMATION IN OPERATING AUTHORITY APPLICATION.
(a) Any changes to the information provided in the operating authority permit application must be reported to the director, in the manner prescribed by the director, within 10 days of the change.
(b) If the information reported to the director under this section includes an increase in the number of dockless vehicles, any additional vehicle fees due under Section 43-172 must be submitted to the director simultaneously with the change in information.
SEC. 43-163. EXPIRATION OF OPERATING AUTHORITY PERMIT.
An operating authority permit expires one year from the date it is issued.
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SEC. 43-164. REFUSAL TO ISSUE OR RENEW OPERATING AUTHORITY PERMIT.
(a) The director shall refuse to issue or renew an operating authority permit if the applicant:
(1) intentionally or knowingly makes a false statement as to a material matter in an application for a permit or permit renewal; or
(2) has been convicted twice within a 12-month period for a violation of this article regarding the deployment of a dockless vehicle or the rebalancing or removal of a dockiess vehicle, or a rule or regulation adopted under this article regarding the deployment of a dockless vehicle or the rebalancing or removal of a dockless vehicle, or has had an operating authority permit revoked within two years of the date of application.
(b) If the director determines that a permit should be denied, the director shall notify the applicant or operator in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or operator of the right to, and the process for, appeal of the decision.
SEC. 43-165. SUSPENSION OR REVOCATION OF OPERATING AUTHORITY PERMIT.
(a) Suspension. The following regulations apply to the suspension of an operating authority permit:
(1) The director may suspend an operating authority permit if the director determines that:
(A) the operator failed to comply with a request to remove a dockless vehicle or a request to rebalance dockless vehicles issued by the director within the time specified in the order; or
(B) a performance bond or irrevocable letter of credit required by this article is cancelled.
(2) Suspension of an operating authority permit does not affect the expiration date of the permit.
(b) Revocation. The following regulations apply to the revocation of an operating authority permit:
(1) The director shall revoke an operating authority permit if the director determines that the operator has:
Dockless Vehicles - Page 4 30936 18099Q
(A) made a false statement as to a material matter in the application concerning the operating authority permit;
(B) failed to maintain the insurance required by this article;
(C) operated dockless vehicles that were not authorized by the operating authority permit; or
(D) failed to pay a fee required by this article.
(2) After revocation of an operating authority permit, an operator is not eligible for another permit for a period of up to two years, depending on the severity of the violation resulting in the revocation.
SEC. 43-166. APPEALS.
Any person whose application for an operating authority permit, or renewal of an operating authority permit, is denied by the director, or an operator whose operating authority permit has been revoked or suspended by the director, may file an appeal with the permit and license appeal board in accordance with Section 2-96, “Appeals From Actions of Department Directors,” of this code.
SEC. 43-167. NONTRANSFERABILITY.
An operating authority permit is not transferable. This regulation should not be construed to impede the continuing use of trade names.
SEC. 43-168. OPERATIONS.
(a) Each operator shall provide dockless vehicles to accommodate a wide range of users.
(b) Each dockless vehicle permitted under this article must display the emblem of the operator along with a unique identification number.
(c) Dockless vehicles must not display third party advertising.
(d) Dockless vehicles must meet all requirements of local, state, and federal law.
Bicycles must meet the safety standards outlined in ISO 43.150 — Cycles, Subsection 4210, as amended.
(e) Dockless vehicles must be high quality and sturdily built to withstand the effects of weather and constant use for five years.
(f) Dockless vehicles must be well maintained and in good riding condition.
Dockless Vehicles - Page 5 30936 180990 (g) Each dockless vehicle permitted under this article must be equipped with active global positioning system technology.
(h) Spoken word alarm systems are prohibited on dockless vehicles.
(i) Operators shall maintain a staffed operations center.
(j) Operators shall maintain a 24-hour customer service number posted on each dockless vehicle for customers and citizens to report safety concerns, make complaints, ask questions, or request a dockless vehicle be relocated.
(k) Operators shall rebalance dockless vehicles at least once per week.
(1) Operators shall provide the director with contact information for someone who can rebalance and relocate dockless vehicles. The operator shall, rebalance or relocate dockless vehicles within two hours of receiving notification on weekdays between 6:00 a.m. and 6:00 p.m. (excluding holidays) and within 12 hours of receiving notice at all other times. An operator shall notify the director within 24 hours of a change of contact information.
(m) An operator shall remove any inoperable dockless vehicle, or a dockless vehicle that is not safe to operate, from the right-of-way within 24 hours of notice from the director. A dockless vehicle removed from the right-of-way in accordance with this subsection must be repaired beforeit is returned to revenue service.
(n) An operator shall provide the director with special access, via the operator’s app or other device, to immediately unlock and remove dockless vehicles that are blocking access to city property or the public right-of-way.
(o) Any dockless vehicle retrieved by the director from a stream, lake, fountain, or other body of water will be disposed of in accordance with Division 2, “Sale of Unclaimed and Surplus Property,” of Article IV, “Purchasing,” of Chapter 2, “Administration,” of the Dallas City Code, as amended, if not collected by the operator after notification.
(p) If the city incurs any costs addressing or abating any violations of this article, or incurs any costs of repair or maintenance of public property, the operator shall reimburse the city for the costs within 30 days of receiving written notice from the director.
(q) An operator shall not place or attach any personal property (other than dockless vehicles), fixtures, or structures in the public right-of-way without the separate written permission of the director. Any permission to place items in the public right-of-way must be incorporated into the permit.
(r) An operator shall not adversely affect the property of any third parties during the use of city property or the public right-of-way.
Dockless Vehicles - Page 6 30936 180990
(s) An operator shall educate customers regarding the law applicable to riding, operating, and parking a dockless vehicle. An operator’s mobile application must provide information notifying the user that:
(1) minors must wear helmets while riding a bicycle as required by Section 9- 8, “Bicycle Helmet Required,” of the Dallas City Code and while riding a motor assisted scooter as required by Section 28-4 1.1, “Restrictions on the Use of Motor Assisted Scooters, Pocket Bikes, and Minimotorbikes,” of the Dallas City Code;
(2) dockless vehicles must be parked legally and properly;
(3) bicyclists and motor assisted scooters must yield to pedestrians on sidewalks and trails; and
(4) bicycles may not be ridden on sidewalks within the central business district per Section 9-1, “Applicability of Traffic Regulations to Bicycle Riders,” of the Dallas City Code.
(t) The number of dockless vehicles in a fleet must be commensurate with the expected level of service.
SEC. 43-169. DOCKLESS VEHICLE PARKING, DEPLOYMENT, AND OPERATION.
(a) Dockless vehicles may not be parked in a manner that would impede normal and reasonable pedestrian access on a sidewalk or in any manner that would reduce the minimum clear width of a sidewalk to less than 48 inches.
(b) Dockless vehicles may not be parked in a manner that would impede vehicular traffic on a street or alley.
(c) Dockless vehicles may not be parked in a manner that would impose a threat to public safety or security.
(d) Dockless vehicles may not be parked on a public street without specific permission from the director.
(e) Dockless vehicles may not be deployed on a block where the sidewalk is less than 96 inches in width, or on a block that does not have sidewalks. The director may determine other blocks where deploying dockless vehicles is prohibited.
(f) Dockless vehicles must be deployed on a sidewalk or other hard surface, at a bicycle rack, or at a city-owned location. Dockless vehicles may only be deployed on private property with the permission of the property owner.
(g) Dockless vehicles must stand upright while parked.
Dockless Vehicles - Page 7 180990 30936 (h) Dockless vehicles may not be parked in a visibility triangle as defined in Section 51A-4.602, “Fence, Screening and Visual Obstruction Regulations,” of the Dallas Development Code.
(i) Dockless vehicles may not be parked within five feet of a crosswalk or curb ramp, unless given specific permission by the director.
(j) Dockless vehicles may not be parked in a way that blocks:
(1) Transit stops, shelters, or platforms.
(2) Commercial loading zones.
(3) Railroad or light rail tracks or crossings.
(4) Passenger loading zones or valet parking service areas.
(5) Disabled parking zones.
(6) Street furniture that requires pedestrian access (for example, benches or parking pay stations).
(7) Building entryways.
(8) Vehicular driveways.
(k) Dockless vehicles parked along multi-use trails may only be parked at trailheads or other areas identified by the director.
(1) Dockless vehicles that are parked in an incorrect manner must be re-parked or removed by the operator within two hours of receiving notice from the director on weekdays between 6:00 a.m. and 6:00 p.m. (excluding holidays) and within 12 hours of receiving notice from the director at all other times.
(m) A dockless vehicle that is parked in a residential area may remain in the same location for up to 48 hours as long as it is parked in accordance with this section. An operator shall relocate or rebalance a dockless vehicle parked in a residential area after receiving a citizen request or complaint in accordance with the timeframes specified in Section 43-169(1).
(n) The director may remove and store any dockless vehicle that is left parked at the same location for seven or more consecutive days if the director has sent the operator a notification to rebalance the dockless vehicle.
(1) The operator is responsible for the costs of removal and storage.
(2) The director shall invoice the operator for the cost of removal and storage.
Dockless Vehicles - Page 8 180990 30936
(3) Any dockless vehicle that remains unclaimed with the city for 60 days is subject to sale in accordance with Division 2, “Sale of Unclaimed and Surplus Property,” of Article IV, “Purchasing,” of Chapter 2, “Administration,” of the Dallas City Code, as amended.
(o) The director may identify designated dockless vehicle parking zones. Subject to advance approval of the director, an operator may indicate virtual dockless vehicle parking areas with paint or decals where appropriate in order to guide riders to preferred parking zones in order to assist with orderly parking of dockless vehicles throughout the city.
(p) Every person riding a dockless vehicle upon the streets of the city shall be subject to provisions of all laws and ordinances applicable to the operator of any other vehicle, except those provisions of laws and ordinances which, by their very nature, can have no application; provided, however, it shall not be unlawful to ride a dockless vehicle on a public sidewalk anywhere in the city outside of the central business district; said district being formed by the following street lines:
The south line of Young Street from Houston Street to Lamar Street.
The west line of Lamar Street from Young Street to the DART Rail Corridor.
The north line of the DART Rail Corridor from Lamar Street to Interstate 45.
The west line of Interstate 45 from the DART Rail Corridor to Interstate 30.
The north line of Interstate 30 from Interstate 45 to Exposition Avenue.
The east line of Exposition Avenue from Interstate 30 to CBD Fair Park Link.
The east line of the CBD Fair Park Link from Exposition Avenue to Gaston Avenue.
The north line of Gaston Avenue from the CBD Fair Park Link to Pacific Avenue.
The north line of Paciflc Avenue from Gaston Avenue to Pearl Street.
The east line of Pearl Street from Pacific Avenue to Ross Avenue.
The north line of Ross Avenue from Pearl Street to Austin Street.
The west line of Austin Street from Ross Avenue to Pacific Avenue.
The north line of Pacific Avenue from Austin Street to Houston Street.
The west line of Houston Street from Pacific Avenue to Young Street.
Dockless Vehicles - Page 9 3Q936 180990
(q) Any person riding a dockless vehicle upon a sidewalk shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.
SEC. 43-170. INSURANCE REQUIREMENTS.
(a) An operator shall procure and keep in full force and effect no less than the insurance coverage required by this section through a policy or policies written by an insurance company that:
(1) is authorized to do business in the State of Texas;
(2) is acceptable to the city; and
(3) does not violate the ownership or operational control prohibition described in Subsection (e) of this section.
(b) The insured provisions of the policy must name the city and its officers and employees as additional insureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a dockless vehicle.
(c) An operator shall maintain the following insurance coverages:
(1) The commercial general liability insurance must provide single limits of liability for bodily injury (including death) and property damage of $1 million for each occurrence, with a $2 million annual aggregate.
(2) If an operator will utilize motor vehicles in its operations, the business automotive liability insurance must cover owned, hired, and non-owned vehicles, with a combined single limit for bodily injury (including death) and property damage of $500,000 per occurrence.
(3) Worker’s compensation insurance with statutory limits.
(4) Employer’s liability insurance with the following minimum limits for bodily injury by:
(A) accident, $500,000 per each accident; and
(B) disease, $500,000 per employee with a per policy aggregate of $500,000.
(d) Insurance required under this article must:
(1) include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before cancelling the insurance policy (for a reason other than non-payment) or before making a reduction in coverage;
Dockless Vehicles - Page 10 30936 180990 (2) include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 10 days before cancelling for non-payment;
(3) cover all dockless vehicles during the times that the vehicles are deployed or operating in furtherance of the operator’s business;
(4) include a provision requiring the insurance company to pay every covered claim on a first-dollar basis;
(5) require notice to the director if the policy is cancelled or if there is a reduction in coverage; and
(6) comply with all applicable federal, state, and local laws.
(e) No person who has a 20 percent or greater ownership interest in the operator may have an interest in the insurance company.
(f) An operator may not be self-insured.
(g) Any insurance policy required by this article must be on file with the city within 45 days of the issuance of the initial operating authority permit, and thereafter within 45 days of the expiration or termination of a previously issued policy.
SEC. 43-171. DATA SHARING.
(a) An operator shall cooperate with the city in the collection and analysis of aggregated data concerning its operations.
(b) An operator shall provide a quarterly report to the director that includes:
(1) Total number of rides for the previous quarter.
(2) Total number of vehicles in service for the previous quarter.
(3) Number of rides per vehicle per day.
(4) Anonymized aggregated data taken by the operator’s dockless vehicles in the form of heat maps showing routes, trends, origins, and destinations.
(5) Anonyrnized trip data taken by the operator’s dockless vehicles that includes the origin and destination, trip duration, and date and time of trip.
(c) An operator shall provide other reports at the director’s request.
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SEC. 43-172. VEHICLE FEE.
An operator shall pay a vehicle fee as follows:
1-100 $2,100 101-200 $4,200 201-300 $6,300 301-400 $8,400 401-500 $10,500 Fee per dockless vehicle in excess of 500 $21
SEC. 43-173. PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT.
Before issuance of an operating authority permit, the operator shall give the director a performance bond or an irrevocable letter of credit approved as to form by the city attorney.
(1) A bonding or insurance company authorized to do business in the State of Texas and acceptable to the city must issue the performance bond. A bank authorized to do business in the State of Texas and acceptable to the city must issue the irrevocable letter of credit.
(2) The performance bond or irrevocable letter of credit must list the operator as principal and be payable to the city.
(3) The performance bond or irrevocable letter of credit must remain in effect for the duration of the operating authority permit.
(4) The amount of the performance bond or irrevocable letter of credit must be at least $10,000.
(5) Cancellation of the performance bond or irrevocable letter of credit does not release the operator from the obligation to meet all requirements of this article and the operating authority permit. If the performance bond or irrevocable letter of credit is cancelled, the operating authority permit shall be suspended on the date of cancellation and the operator shall immediately cease operations until the operator provides the director with a replacement performance bond or irrevocable letter of credit that meets the requirements of this article.
(6) The city may draw against the performance bond or irrevocable letter of credit or pursue any other available remedy to recover damages, fees, fines, or penalties due from the operator for violation of any provision of this article or the operating authority permit.
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SEC. 43-174. ENFORCEMENT.
(a) The director may, with or without notice, inspect any dockless vehicle operating under this article to determine whether the dockless vehicle complies with this article, rules and regulations established under this article, or other applicable laws.
(b) The director shall enforce this article. Upon observing a violation of this article or the rules or regulations established by the director, the director shall take necessary action to ensure effective regulation of dockless vehicles.
SEC. 43-175. CRIMINAL OFFENSES.
(a) A person commits an offense if he violates or attempts to violate a provision of this article, or a rule or regulation established by the director under this article, that is applicable to a person. A culpable mental state is not required for the commission of an offense under this article unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each day in which an offense occurs.
(b) Prosecution for an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense.”
SECTION 2. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $500.
SECTION 3. That Chapter 43 of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 4. That any act done or right vested or accrued, or any proceeding, suit, or prosecution had or commenced in any action before the amendment or repeal of any ordinance, or part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part thereof, and shall be treated as still remaining in full force and effect for all intents and purposes as if the amended or repealed ordinance, or part thereof, had remained in force.
SECTION 5. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.
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SECTION 6. That this ordinance shall take effect immediately from and after its passage
and publication in accordance with the provisions of the Charter of the City of Dallas, and it is
accordingly so ordained.
APPROVED AS TO FORM:
LARRY E. CASTO, City Attorney
By((4 Assistant ity Attoft’iey
JUN 2 7 2018 Passed______
Dockless Vehicles - Page 14 PROOF OF PUBLICATION - LEGAL ADVERTISING
The legal advertisement required for the noted ordinance was published in the Dallas Morning News, the official newspaper of the city, as required by law, and the Dallas City Charter, Chapter XVIII, Section 7. JUN 27 2018 DATE ADOPTED BY CITY COUNCIL
ORDINANCE NUMBER 30936
DATE PUBLISHED JUN 302018
ATTESTED BY:
OFFICE OF CITY SECRETARY
Y:\SCANS\ScanPro Users\ScanPro - Anna\rny stuft\PROOF OF PUBLICATION.docx
CITY OF DALLAS DOCKLESS VEHICLE PERFORMANCE BOND FORM
STATE OF TEXAS § § COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That______, a ______corporation, whose local address is ______, hereinafter called “Principal”, and ______, a corporation organized and existing under the laws of the State of ______, and fully authorized to transact business in the State of Texas, as Surety, hereby acknowledge ourselves held and firmly bound and promise to pay to the City of Dallas, a municipal corporation (hereinafter called the “City”), the penal sum of ten thousand and no/100 dollars ($10,000.00) in lawful money of the United States, to be paid in Dallas County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal is authorized by operating authority granted by the City of Dallas to engage in the business of dockless vehicle display and rentals in the City and desires to continue so to do.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, conditions and agreements of said operating authority in accordance with the specifications and city ordinances during the original term thereof and any extension thereof which may be granted by the City, with or without notice to the Surety, and during the life of any guaranty or warranty required under this operating authority, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said operating authority that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall fully indemnify and save harmless the City from all costs and damages which the City may suffer by reason of failure to so perform herein and shall fully reimburse and repay the City all outlay and expense which the City may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect.
PROVIDED FURTHER, (1) if any legal action must be filed against or under this bond, exclusive venue shall lie in Dallas County, Texas, and (2) the City may draw against this bond or pursue any other available remedy to recover damages, fees, fines, or penalties due from the operator for violation of any provision of the dockless vehicle ordinance or the operating authority permit.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of any operating authority under which Principal performs the Work or the City specifications or details to which the work is subject under this bond shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
Notwithstanding the provisions of the operating authority, the bond shall apply from ______until ______, and may be extended by the Surety by Continuation Certificate or a new bond. The liability of the Surety under this bond and all the continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto.
THE SURETY SHALL MAIL 60 DAYS WRITTEN NOTICE TO THE OBLIGEE IN THE EVENT SURETY ELECTS NOT TO EXTEND THE TERM OF THIS BOND OR PROVIDE A NEW BOND.
Any action brought under this Bond must be brought within two (2) years after the termination of the operating authority.
Department of Transportation – 1500 Marilla Street, L1BS; Dallas, TX 75201 Revised 7-25-2018
The undersigned and designated agent is hereby designated by the Surety herein as the resident agent in Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Section 3503.005 of the Insurance Code, Vernon’s Texas Codes Annotated.
Executed this the day of ______, A. D. 20 .
Attest: Principal:
By Secretary President
Attest: Surety:
By By Attorney-in-Fact
The resident agent of the Surety in Dallas County, Texas, for delivery of notice and service of process is:
Name:
Street Address:
(Note: if resident agent is not a corporation, provide the person's name.)
*********************************************************************************************************************************
Permit #:
Expires:
Approved:
Department of Transportation – 1500 Marilla Street, L1BS; Dallas, TX 75201 Revised 7-25-2018 City of Dallas
DOCKLESS VEHICLE PERMIT APPLICATION
Application Type (check one): ☐ New ☐ Renewal ☐ Amendment Dockless Vehicle Type (check all that apply): ☐ Bicycle ☐ Scooter ☐ Other: ______
Entity Information Name of Dockless Vehicle Operator Owner Name Corporate Headquarters Mailing Address Phone Number 1 Phone Number 2 Email Address Website Business Formation ☐ Corporation ☐ Association
Local Operations Information Contact Name Mailing Address Phone Number Email Address Dockless Vehicle Quantity of Bikes Quantity of Scooters Quantity of Other Fleet Size
Applicant certifies that all Dockless Vehicles meet the following criteria: ☐ I have read the Dockless Vehicle Ordinance and the Motorized Scooter Ordinance.. ☐ I understand the Dockless Vehicle Permit expires one year (12 months) from date of issue. ☐ Bicycles must meet the safety standards outlined in ISO 43.150 – Cycles, subsection 4210, as amended. ☐ All dockless vehicles shall meet the requirements in the Texas Transportation Code, including lights and reflectors, and all other local, state, and federal requirements. ☐ Each dockless vehicle must display the emblem of the operator along with a unique identification number. ☐ All dockless vehicles shall be sturdy and of high quality built to withstand the effects of weather and constant use for at least five (5) years. ☐ Dockless vehicles must be equipped with active global positioning system technology.
1 ☐ Contact information of the dockless vehicle operator shall be on every vehicle including phone number and website. ☐ Any inoperable dockless vehicle, or any dockless vehicle that is not safe to operate shall be removed from the Right-of-Way within 24 hours after notice from the City, and shall be repaired before the dockless vehicle is returned to revenue service. ☐ Dockless vehicles must not display third party advertising. ☐ Dockless vehicles must not be equipped with spoken word alarm systems.
Applicant certifies that the proposed Dockless Vehicle system meets the following operation criteria: ☐ Customers will be notified of local traffic laws. ☐ Customers will be educated on how to safely ride and operate dockless vehicles. ☐ Communication will be sent to customers if the dockless vehicles are left in non-permitted areas. ☐ A staffed operations center will be established prior to permit issuance. ☐ Dockless vehicles may not be deployed on a block where the sidewalk is less than 96 inches in width, or on a block that does not have sidewalks. ☐ Dockless vehicles shall not be parked at the corners of sidewalks or within five (5) feet of crosswalks or curb ramps or within the visibility triangle as defined in the visual obstruction regulations section of the Dallas City Code (Article IV SEC. 51A-4.602). ☐ Dockless vehicles shall not inhibit pedestrian movement or ADA access within Right-of-Way and other City Property. ☐ Dockless vehicles in the fleet shall be parked on the sidewalk, or other hard surface, or at a public bicycle rack, or at another City-owned location. ☐ Dockless vehicles may not be parked in a manner that would reduce the minimum clear width of a sidewalk to less than 48 inches. ☐ Dockless vehicles must be rebalanced a minimum of once (1) a week. ☐ A dockless vehicle that is parked in a residential area may remain in the same location for up to 48 hours if it is parked in accordance with this section. An operator shall relocate or rebalance a dockless vehicle parked in a residential area after receiving a citizen request or complaint. ☐ Dockless vehicles shall be parked in a manner to not impede access to entrances to private property, driveways, or other entry points. ☐ Dockless vehicles may not be parked in a way that blocks: (1) Transit stops, shelters, or platforms. (2) Commercial loading zones. (3) Railroad tracks or crossings. (4) Passenger loading zones or valet parking service areas. (5) Disabled parking zones. (6) Street furniture that requires pedestrian access (for example, benches or parking pay stations). (7) Building entryways. (8) Vehicular driveways. ☐ Any dockless vehicle found and retrieved by the City in a stream, lake, or other water body shall be deemed unsalvageable and may be immediately discarded. ☐ Dockless vehicles that are deployed or parked in an incorrect manner must be re-parked or removed by the operator within two hours of receiving notice from the director on weekdays between 6:00 a.m. and 6:00 p.m. (excluding holidays) and within 12 hours of receiving notice from the director at all other times.
2 ☐ Dockless vehicles may be parked on private property only with the permission of the private property owner. ☐ Dockless vehicles shall not be parked on a City roadway unless provided permission from the Director. ☐ Dockless vehicles parked along multi-use trails shall only be parked at trailheads or other areas identified by the City. ☐ Applicant shall notify City of any changes to contact information within 24-hours. ☐ The number of dockless vehicles in a fleet must be commensurate with the expected level of service.
Applicant acknowledges and agrees to all of the following fees and performance bond costs: ☐ Permit Fee: Permittee shall the City the sum of EIGHT HUNDRED AND EIGHT DOLLARS ($808.00) upon submission of the application. ☐ Vehicle Fee: Permittee shall pay a per vehicle fee based on the following requirements:
Number of Dockless Vehicles Fee 1-100 $2,100 101-200 $4,200 201-300 $6,300 301-400 $8,400 401-500 $10,500
Fee per dockless vehicle in excess of 500 is $21 Fees are assessed at 100% of each range Each range increases by an increment of $2,100 ☐ Performance Bond: Upon submission of application, the Permittee shall provide $10,000 performance bond or irrevocable letter of credit approved as to form by the city attorney to hold for the term of this Permit. In the event of default and termination as described in Terms and Conditions in the Dockless Vehicle Ordinance, the City may use such funds to remove or dispose of the dockless vehicle fleet or any part thereof or repair City property that was damaged by the Permittee or its customers or invitees. At the conclusion of the term of this Permit, the City will return such funds to Permittee or its designee within thirty days after the City receives a written request for a refund from the Permittee.
Required Attachments: • A copy of entity formation documents establishing the business and the name and address of each person with a 20 percent or greater ownership interest in the business. • Insurance certificate(s) indemnifying City of Dallas, proof of liability insurance required by Article X Chapter 43 SEC. 43-170, and the performance bond or irrevocable letter of credit required by Article X Chapter 43-173. • Proof that general liability policy include a manuscript endorsement which specifically verifies motorized scooters are NOT excluded. • Permit application fee of $808 ($404-renewal) and the appropriate vehicle fee required by Article X Chapter 43-172.
3 Certification: I (We), the undersigned, do hereby make an application for Dockless Vehicle Operators Permit, and understand that all the required information must be supplied for this application to be considered complete and valid. Additionally, the Dockless Vehicle system will operate under the requirements described in Chapter 28, “Motor Vehicles and Traffic,” Section 28-41.1 and Chapter 43, “Streets and Sidewalks,” Article X, “Dockless Vehicle Permit”, in addition and/or notwithstanding the requirements outlines elsewhere in this permit application. Permits are valid for one year from date of issue.
______Owner/Operator Signature Date
Permit Application, Associated Fees, Performance Bond Documents, and All Appropriate Documents Should Be Submitted to: City of Dallas Department of Transportation, L1BS Attn: Jared White 1500 Marilla Street Dallas, Texas 75201
Intake Information (Staff Only) Application Date Received:* Received by: Date Verified Payment of Taxes: Verified by: Application Fee Payment Date Received:* Received by:
4 Dockless Mobility Vehicle Pilot Permit Program Overview June 2018
Pilot Program Goals: The City and County of Denver is known for taking a progressive approach to innovation, which is rooted in its pioneering, western spirit. As part of this commitment to embrace and test new and better ways to deploy technology, Denver Public Works (DPW) is initiating a Dockless Mobility Vehicle Pilot Permit Program. The pilot program will allow the City to explore new ways of providing flexible, affordable, and accessible multi-modal transportation options for all and assess whether these new options help achieve the City’s stated mobility goals including a reduction of single-occupant vehicle commute trips from 73% to 50% by 2030. The specific vision for the Dockless Mobility Vehicle Pilot Permit Program also includes the intention to: • Implement programs that respect safety and infrastructure • Increase the percentage of people who have access to and take public transit • Provide accurate communication and guidance to public users of these services • Scale new services and vehicles responsibly based on performance metrics • Integrate new innovations seamlessly with the City’s existing transportation system • Serve the communities that are most vulnerable while increasing their access to smart technology and new opportunities
Pilot Program Overview: As a vehicle to expedite the launch of a pilot program for dockless vehicles, DPW is utilizing its existing Transit Amenity Program (TAP) to permit the placement of amenities at transit stops to encourage the use of public transportation. The TAP program also allows for experimentation through the deployment of pilots to test innovative strategies and technologies. The pilot program will launch Summer 2018 and will run for the course of one-year. Approved applicants to the program will be issued one-year, revocable permits under the TAP pilot clause (section VII-E). The beginning of the one-year duration will commence upon the issuance of the first permit. While this document will provide an overview of program requirements, the pilot program will likely involve a series of tweaks and adjustments resulting from feedback, resource impacts, performance, etc. Applicants please note: DPW reserves the right to change any component of the pilot program or its scope at any time during the one-year pilot period. In addition, DPW reserves the right to terminate permits at any time and require the operator to remove their entire fleet of vehicles from City streets. If DPW exercises its right to terminate a permit, an operator will have 5 days to remove the entire fleet from public right of way after written notification from DPW.
Pilot Program Eligibility: All “dockless mobility vehicles” that integrate on-board technology allowing a user to check out a vehicle remotely from public right of way throughout the day or night will be required to be registered as part of this pilot permit program. DPW will continuously audit the program throughout its duration to ensure that all companies with deployed dockless vehicles are appropriately permitted to be operating in the public right of way. Bike share operations that are already permitted in the public right of way
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Dockless Mobility Vehicle Pilot Permit Program Overview June 2018
(i.e. docked bike share) will not be required to receive this permit. This program applies to operations within the City’s public right of way. Operators must be in good standing with the City or will be subject to having their applications denied or permits revoked. The City will offer two distinct permit types as part of the pilot program: 1. Dockless Vehicles – Bicycles/E-Bicycles a. A total of 5 operators will be permitted for the pilot program i. Each permitted operator will initially be allowed up to 400 dockless vehicles (bicycles/e-bicycles) ii. Each permitted operator will have the option to increase this initial fleet size to 500 dockless vehicles if 100 of that total fleet size are committed to stay in designated “opportunity areas.” Vehicles that are part of the “opportunity area” fleet will be required to be rebalanced back to designated opportunity areas at least once per day (i.e. the reset – see Rebalancing). See Opportunity Areas/City Core Map. iii. Permits will be non-transferrable. 2. Dockless Vehicles – E-scooters/Other Approved Dockless Mobility Vehicles a. A total of 5 operators will be permitted for the pilot program i. Each permitted operator will initially be allowed up to 250 dockless vehicles (e- scooters/other approved dockless mobility vehicles) ii. Each permitted operator will have the option to increase this initial fleet size to 350 dockless vehicles if 100 of that total fleet size are committed to stay in designated “opportunity areas.” Vehicles that are part of the “opportunity area” fleet will be required to be rebalanced back to designated opportunity areas at least once per day (i.e. the reset – see Rebalancing). See Opportunity Areas/City Core Map. iii. Permits will be non-transferrable. 3. Permits will be processed on a first come, first served basis. 4. The same operator is eligible to apply for a Bicycles/E-Bicycles Permit as well as an E- scooters/Other Approved Dockless Mobility Vehicle Permit but will be required to submit two permit applications and pay according to the two separate fee schedules. 5. Note that any vehicle (bicycle/e-bicycle or e-scooter) that is staged on private property or at "private partner locations" will still count towards an operator's total fleet number for the duration of the year-long pilot program if the onboard technology will allow a user to check it out from the right of way at any point during the day. 6. Vehicle fleet size requirements may be adjusted at any point during the pilot period. The possibility of scaling fleet size will be determined by DPW and based on utilization data, performance and operational outcomes. This assessment and determination may be done at
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Dockless Mobility Vehicle Pilot Permit Program Overview June 2018
any time within the first 6-months but will be completed no later than 6-months into the pilot program. Opportunity Areas/City Core Map: The map provided is intended to be a resource to operators and guide placement of vehicles and painted parking zones. The map includes: 1. The “City Core” area where dockless painted parking zones will be placed at certain locations by permitted operators 2. “Opportunity areas” where dockless vehicles participating in the pilot incentive program will be required to locate 3. “High priority opportunity areas” are called out as a subset of the Opportunity areas simply to provide information to operators where the greatest number of vulnerable populations may be centered. The opportunity area incentive will be met if dockless vehicles are kept anywhere within the indicated “opportunity” or “high priority opportunity” area indicated on the map.
Unique Vehicle Identification: Vehicles will need to be individually numbered or otherwise have a unique identifier that is clearly visible to the user, the public, or City representatives. Permitted operators will be required to supply a list of the vehicle IDs that will be deployed as part of the pilot program NOT TO EXCEED the vehicle fleet size requirements outlined above. Fleet IDs will need to be provided to DPW prior to permit issuance. Fleet IDs will be audited throughout the program to ensure that fleet size requirements are respected. Operators will be required to update their fleet IDs monthly and not deploy vehicles whose IDs are not filed with DPW (the vehicle fleet size limit will include any back up vehicles required for maintenance for at least the first month of the program). Operators will also be required to provide easily visible contact information including a toll-free phone number and e-mail address on each vehicle so that users or other members of the public can report issues or make relocation requests.
Vehicle Stickers: Operators will be required to print and affix their own stickers to each vehicle registered identifying the vehicle as an approved/permitted participant in the Denver Dockless Mobility Pilot Program. This sticker will be used by DPW staff to quickly identify non-participating vehicles (e.g. vehicles from neighboring municipalities). Stickers will need to be visible to users/DPW staff and must clearly indicate the Denver program. Stickers will need to be approved by DPW before they are affixed. 1. Stickers must be at least 2” high. 2. Stickers will need to be affixed to bicycle/e-bicycle baskets or to e-scooter stems. 3. If an operator is deploying an “other approved dockless mobility vehicle,” DPW will coordinate with the operator to determine an appropriate location for the sticker.
Indemnification: Permitted operators agree to defend, indemnify, reimburse and hold harmless City, its appointed and elected officials, agents and employees for, from and against all liabilities, claims, judgments, suits or demands for damages to persons or property arising out of, resulting from, or relating to the services performed under the issued permit, unless such Claims have been specifically determined by the trier of fact to be the sole negligence or willful misconduct of the City. This indemnity shall be interpreted in the
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Dockless Mobility Vehicle Pilot Permit Program Overview June 2018
broadest possible manner to indemnify City for any acts or omissions of the permitted operator or its subcontractors either passive or active, irrespective of fault, including City’s concurrent negligence whether active or passive, except for the sole negligence or willful misconduct of City.
Insurance and Liability Requirements: Applicant shall meet TAP program insurance and liability requirements as outlined in Section II-A of the Rules and Regulations for the Issuance of Revocable Permits for the Transit Amenities at Bus Stops in the Public Right of Way. This includes coverage for the intended number of dockless vehicles deployed as well as liability coverage in the amount of no less than $1,000,000 for property damage and $2,000,000 for personal liability coverage. Both insurance and liability are required to cover the entire 12- month pilot term.
Permit Fee Schedule 1. Bicycles/E-Bicycles 1. Application fee: $150 per permit application 2. Permit fee: $15,000 3. Performance Bond: $20 per vehicle deployed 2. E-scooters/Other Approved Dockless Mobility Vehicle 1. Application fee: $150 per permit application 2. Permit fee: $15,000 3. Performance Bond: $30 per vehicle deployed Application fees are due with the submittal of the application. Permit fees and Performance Bond fees will be due at the time of permit issuance.
Performance Bond Each permit holder will be responsible for paying into a public property repair and maintenance performance bond that the City can draw upon as needed for costs associated with auditing, removing and storing improperly parked vehicles. Performance bond fees are outlined above.
Parking Requirements: The intent of the Pilot Program is to enhance the use of transit and bus service throughout the city. As such, vehicles are to be readily available at transit and bus stops in the public right of way (considered to be within 25’ of the posted RTD sign or monument unless a designated parking zone is present). This intention must be repeatedly made clear to a permitted operator’s users. Beginning/end points are not required to be in painted dockless parking zones (see next section), but if a painted zone is available at the transit and bus stop, the vehicle should be parked inside that zone. For all other transit and bus stops, the vehicles must be parked in a manner that allows clear travel in the right of way and does not impede the boarding or departure of transit users per the requirements of the TAP program, Section III- A. In addition, DPW expects operators to “rebalance” vehicles to transit and bus stops throughout the day with a reset back to transit and bus stops by the beginning of each day – no later than 7am. See Rebalancing.
Dockless vehicles parked in the public right of way at transit and bus stops by users or operator staff must follow the following guidelines: 1. Do not block the movements of pedestrians and always provide 5’ clear width 2. Park against buildings (not impeding pedestrian access) or at least 1.5’ from the back of curb/flowline
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Dockless Mobility Vehicle Pilot Permit Program Overview June 2018
3. Preserve pedestrian sight triangles at intersections, alleys, and driveways as well as to bus/LRT operations at stops 4. Vehicles should be upright when parked 5. Vehicles shall not impede access to utilities, or access from the street to the sidewalk 6. At least 8 feet of clear walkway shall be provided for all sidewalks on arterial streets 7. Additional clear width may be required in high pedestrian areas, as determined by DPW 8. Follow all Tier 1 Encroachment guidelines for placement and access
Permitted operators will be required to provide DPW with the parking education content designed for users as well as the plan for regularly reinforcing that information. Note that the requirements above apply to transit and bus stops within public right of way. The Regional Transportation District (RTD) will determine requirements to govern their properties, which include some light rail and commuter rail stations. Please contact RTD for information on their license requirement.
Painted Dockless Parking Zone Requirements Painted dockless parking zones will be required to be installed and maintained by permitted operators. The number of zones required will be determined by DPW up to a rate of one zone per ten permitted fleet vehicles (e.g. an operator applies for a permit to introduce 500 dockless bikes, DPW can require the operator to install and maintain up to 50 painted dockless parking zones). Full specifications on these painted dockless parking zones will be provided to approved pilot program applicants. Final dimensions will depend on location context but should generally provide an area of 10’ x 6’.
Approved applicants will be able to preference painted dockless parking zone locations but DPW will ultimately provide assignments as well as timelines for installation. Painted dockless parking zones will be assigned to a company for maintenance responsibilities but will be agnostic in terms of which permitted operator’s vehicles can park there. Parking zones will be open to accommodate dockless bikes, e-bikes, and e-scooters that are permitted for this program. Permitted operators will be required to highlight all bus stop and station parking areas in their respective app/mobile/desktop platforms as well as geofence those locations to track parking behavior/compliance of users.
Painted Dockless Parking Zones – Initial Installation Applicants will be asked to submit a list of 15 preferred locations for the initial installation of painted dockless parking zones (assuming their fleet deployment is more than 150 vehicles). These locations should be submitted with the permit program application and fall within the City Core as defined by the Opportunity Areas/City Core Map provided. The preferences will be reviewed by DPW who will then determine ultimate assignments. Permitted operators will be required to submit general site plans detailing the exact location for the painted dockless parking zones assigned. Dimension, stencil, siting, and paint specifications will be provided along with an operator’s assignments. Permitted operators will have 14 days to install painted parking zones or are subject to the revocation of their permit. DPW will determine if and when to require additional painted parking zones based on user behavior, data, or feedback up to the fleet size requirements/ratio outlined above.
Rebalancing Permitted operators will be expected to “rebalance” vehicles back to transit and bus stops throughout the day and “reset” the vehicles back to these locations by the beginning of each day – no later than 7 am. In addition, vehicles participating as part of the Opportunity Area incentive will be required to be
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Dockless Mobility Vehicle Pilot Permit Program Overview June 2018
relocated back to designated Opportunity Areas at least once per day during the reset to maintain the necessary ratio.
In-Use Requirements Bicycles and e-bicycles deployed as part of this pilot program will be required to follow all rules of the road when in use. Please note that e-bicycles are permitted to use roadways internal to designated parks but are not permitted to use Parks maintained trails. According to current City and County of Denver Ordinance and State Law, e-scooters are classified as “toy vehicles” and will be required to operate on the sidewalk. All vehicles must yield to pedestrians at all times. E-scooters will not be allowed in striped, protected or otherwise designated bike lanes. E-scooters will not be allowed to operate within designated parks or on Parks maintained trails. DPW will be coordinating with DPD to enforce these laws throughout the pilot period. Permitted operators will be required to remind users of these requirements regularly. Permitted operators will be required to provide DPW with the in-use education content designed for users as well as the plan for regularly reinforcing that information.
Geofencing and Incentives Permitted operators are encouraged to incentivize users to return vehicles to transit and bus stops as required through either gamification, other incentives, or geofencing tactics (i.e. not allowing a user to end their trip/metered time outside of designated transit and bus stop areas).
BID Coordination The TAP program requires approval from local Business Improvement Districts impacted by permit holders. For the purposes of the pilot program, operators will not be required to solicit BID approval directly from the organizations as part of their permit application. Instead, DPW will coordinate directly with area BIDs to fulfill this requirement of the TAP.
No Ride/No Parking Zones No Ride and No Parking zones will be designated by the City and communicated to permitted operators at the launch of the program or at any time determined appropriate by DPW. Permitted operators will be responsible for marking these areas appropriately on their mobile platforms as well as making sure users are educated on how to treat these areas. At a minimum, these areas will include the 16th Street Mall for all bicycles/e-bicycles and e-scooters/other dockless mobility vehicles. Motorized vehicles including e-bicycles and e-scooters are also not permitted to utilize Parks maintained trails and e- scooters are not permitted to enter or be parked on park land.
Advertising Permitted operators shall not display third party advertising on permitted vehicles without express approval from DPW.
Equity Program applicants must submit a plan outlining how their services will be available to those without smart phones or those who are under-banked or un-banked. They must also submit information regarding the rate structures that will be offered to all users including daily, monthly, or annual passes/subscriptions. This information should include any discount programs offered that will be available for students, youth, low income/at-risk populations, corporate groups or other categories.
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Dockless Mobility Vehicle Pilot Permit Program Overview June 2018
Privacy Each permit holder will be required to establish a privacy policy that safeguards user information. In addition, each permit holder will be required to provide an electronic payment system that is compliant with the Payment Card Industry Data Security Standards (PCI DSS).
Maintenance A permitted operator shall remove any inoperable vehicle or any vehicle that is not safe to operate as immediately as possible or within 24-hours of notification. Failure to do so may result in the revocation of a permit.
Data Sharing Requirements Each permit holder will be responsible for providing real-time data feeds via API and monthly reports to the City and County of Denver displaying trip information including but not limited to the following: 1. Utilization rates 2. Total downloads, active users & repeat user information 3. Total trips by day of week, time of day 4. Origins & destination information for all trips 5. Trips per bike by day of week, time of day 6. Average trip distance 7. Trips originating in or destined for designated opportunity areas 8. Parking compliance at designated zones and at transit and bus stops 9. Incidents of bike theft and vandalism 10. Vehicle maintenance reports 11. Complaints 12. Number of users participating in discount programs disaggregated by program type (low income, students, etc.) 13. Accident/crash information 14. Payment method information
Complete data sharing requirements will be provided to approved applicants. Applicants will be expected to comply with all data sharing requirements in order to remain compliant with program requirements and in good standing as a permit holder. Failure to comply will result in revocation of the permit.
DPW is also considering the use of Mobility Data Specifications inspired by GTFS and GBFS – specifically those being developed and tested by the LADOT – as a way to implement and require real-time data sharing from mobility as a service providers. DPW will continue to coordinate with permitted operators to evolve the data sharing requirement.
Survey Requirement Each permitted operator will be responsible for surveying users via their individual app/mobile platforms or via e-mail at three-month intervals during the duration of the one-year pilot. Survey questions will be developed in coordination with DPW and certain questions will be required. The intent of the survey is to capture more information on mode shift patterns and overall user feedback.
Coordination Meeting Requirement Permitted operators will be expected to participate in regular meetings with DPW staff during the pilot period. During the initial 90-day period, these meetings may be required as frequently as one per week.
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Dockless Mobility Vehicle Pilot Permit Program Overview June 2018
The meetings will discuss topics such as operations, usage, fleet size, community concerns, safety concerns and data reviews.
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Public Works Committee Proposal No. 120, 2018
Your Committee, to which this proposal was referred, has amended the proposal by substitution to read as follows and recommends its adoption as amended.
CITY COUNTY COUNCIL PROPOSAL NO. 120, 2018 CITY OF INDIANAPOLIS-MARION COUNTY, INDIANA
INTRODUCED: 04/09/2018
REFERRED TO: Public Works Committee
SPONSOR: Councillor Osili
DIGEST: amends the Code to establish a licensing process and other regulations for shared mobility systems
SOURCE: Initiated by: Department of Public Works Drafted by: Office of Corporation Counsel
LEGAL REQUIREMENTS FOR ADOPTION: PROPOSED EFFECTIVE DATE: Subject to approval or veto by Mayor Adoption and approvals
GENERAL COUNSEL APPROVAL: ______Date: April 5, 2018
CITY-COUNTY GENERAL ORDINANCE NO. , 2018
PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to establish a licensing process and other regulations for shared mobility systems.
BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:
SECTION 1. Title IV of the Revised Code is hereby amended by the addition of a new Chapter 905, to read as follows:
Chapter 905 - SHARED MOBILITY OPERATOR
Sec. 905-101. Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
Public right-of-way shall have the meaning ascribed thereto in section 645-112.
Shared Mobility Device means, but is not limited to, any of the following devices used in a Shared Mobility System:
1. A bicycle, as that term is defined in section 431-601; 2. An electric bicycle shall mean any bicycle equipped with a motor that provides assistance when the rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches 20 mph or a Bicycle equipped with a throttle-actuated motor, that ceases to provide assistance when the electric bicycle reaches 20 mph. 3. Scooter, which means a conveyance or device with two (2) or more wheels in contact with the ground with a floorboard for the user to stand upon when using it, and may be propelled by a motor that reaches no more than 20 mph. Proposal No. 120, 2018 Page 2
4. Any other similar device approved by the license administrator. 5. Shared Mobility Device does not include any other type of motor vehicle as defined in section 441- 101 of the Code. 6. Notwithstanding the foregoing, a shared mobility device shall not include a device used to aid a disabled person, including but not limited to a motorized wheel chair.
Operator means a person or entity that owns and/or operates a shared mobility device from an operator.
Shared Mobility System or System means a system which provides a shared mobility device for short- term rentals for point-to-point trips and which may be locked or unlocked for use with or without being located on a rack or docking system.
User means a person who rents and uses, or allows another person to use a shared mobility device from an operator. A User must be at least eighteen (18) years of age.
Sec. 905-102. License required; fee.
(a) It shall be unlawful for a person to operate, or cause to be operated, a Shared Mobility System in the public right-of-way in the city, unless the Operator first obtains a license from the license administrator and registers each shared mobility device as provided in this chapter.
(b) The fee for a Shared Mobility System license and the registration fee for each Shared Mobility Device shall be provided in section 131-501 of the Code. These license and registration fees shall not apply to an Operator that has received an investment of public funds, by grant or otherwise from the city.
(c) A license issued under this section shall expire on the last day of the calendar year in which it is issued, and to continue operating a shared mobility system an operator shall apply for a new license at least 30 days prior to the expiration of its license. The license and registration fees established by this section shall apply to an application for a new license.
(d) Upon receipt of a completed license application, the execution of an Indemnification Agreement, and the filing of a bond and insurance certificate under section 905-105 of this chapter, the license administrator shall either issue or deny a shared mobility operator license. In making this determination, the license administrator may consider, among other factors, the extent to which the applicant’s operations or the use of the applicant’s Shared Mobility Devices have complied with current law.
Sec. 905-103. License application; informati on
(a) Applications for a license under this chapter shall be made on forms provided by the license administrator, and shall be signed by an authorized representative of the applicant who is an officer or employee of the applicant with authority to legally bind the applicant, who shall verify under oath that the information contained in the application is true and accurate.
(b) In addition to the information required by section 801-203 of this Code, the applicant shall provide the following information:
(1) The number of Shared Mobility Devices that will be used in the Shared Mobility System; (2) An inventory of all Shared Mobility Devices that shall be used in the Shared Mobility System, including a description of the model, manufacturer, serial number, unique identifier and color of each Shared Mobility Device; (3) Color photographs depicting the Shared Mobility Devices to be used in the Shared Mobility System; (4) A schedule of rates and charges that the applicant will charge to use a Shared Mobility Device; (5) A GPS or GIS based map depicting the proposed service area of the Shared Mobility System; (6) A 24-hour customer service telephone number; (7) The rules and regulations for the Shared Mobility System Operators’ users; (8) A signed indemnification agreement as required by section 905-105(a); (9) Proof of public liability coverage as required by section 905-105(b); (10) Any other information deemed necessary by the license administrator. Proposal No. 120, 2018 Page 3
(c) Any changes to the information required under subsection (b) shall be submitted to the License Administrator within 15 days of such change.
Sec. 905-104. Restrictions on operation imposed by regulation.
Pursuant to section 801-201, the license administrator may by regulation impose appropriate conditions on the operation of Shared Mobility Systems in order to further the purposes of this chapter, including but not limited to, the following:
(1) Limits on the locations in which a Shared Mobility System may operate; (2) Prescribe the locations where Shared Mobility Devices may be stored or parked when not in use; (3) Limits on the number of Shared Mobility Devices permitted in the Shared Mobility System; (4) Standards for the use and maintenance of Shared Mobility Devices; (5) The license administrator may impose any other regulations necessary to further the purposes of this Chapter.
Sec. 905-105. Indemnification, insurance.
(a) Any Shared Mobility Device operator issued a license under this chapter shall, as a condition of the issuance and continued validity of the license to operate a Shared Mobility System, indemnify, hold harmless and defend, by counsel of the city’s choosing, the Consolidated City of Indianapolis and Marion County and their respective officers, agents, officials and employees for any and all third party claims, actions, causes of action, judgments and liens to the extent they arise out of any negligent or wrongful act or omission, or violation of any provision of this Code or other law by an Operator or any of its officers, agents, employees and users arising from the operation, maintenance, or use of the shared mobility system and the operator’s shared mobility devices. Such indemnity shall include attorneys’ fees and all costs and other expenses arising therefrom or incurred in connection therewith and shall not be limited by any insurance coverage required by this chapter or otherwise carried by the Operator. This indemnification requirement shall be memorialized in an agreement signed by an authorized representative of the Operator who is an officer or employee of the Operator with authority to legally bind the Operator, and the Operator shall be required to post an indemnity bond in favor of the city. Such agreement and indemnity bond shall be in a form approved by the corporation counsel.
(b) Any Shared Mobility Device Operator issued a license under this chapter shall, as a condition of the issuance and continued validity of the license to operate a shared mobility system, purchase and maintain a policy of commercial general liability insurance that will protect it and the city from claims for damages because of bodily injury and personal injury, including death and claims of damages to property which may arise out of or result from the operation, maintenance, or use of the shared mobility system and the operator’s shared mobility devices.
The commercial general liability insurance required under this section shall be not less than: (1) each occurrence limit of$1,000,000.00; (2) $100,000.00 for damage to rented premises; (3) $5,000.00 for medical expenses; (4) $500,000.00 for personal and advertising injury; (5) $1,000.000.00 products/completed operations; (6) $1,000,000.00 auto liability; (7) $2,000,000.00 general aggregate limit;(8) $5,000,000.00 excess/umbrella liability. Certificates of insurance naming the Consolidated City of Indianapolis, Marion County as an additional insured showing such coverage then in force, but not less than the above amounts, shall be submitted by the operator with its application for a license under this chapter. Such certificates shall contain a provision that the policies and coverage afforded thereunder will not be canceled until at least 30 days after written notice to the license administrator.
(c) The failure to maintain the bond or insurance policies required under this section throughout the entire term of a license shall constitute a violation of this Code.
(d) This section shall not apply to an operator that has received an investment of public funds, by grant or otherwise, from the city.
Proposal No. 120, 2018 Page 4
Sec. 905-106. Safety, condition and appearance; equipment.
(a) A Shared Mobility Device shall always be maintained in a reasonably clean and working condition.
(b) All shared mobility operators must meet all safety standards as prescribed by the license administrator.
(c) Every Shared Mobility Device shall have a unique identifier that is visible to the user that clearly identifies both the Shared Mobility System operator and the specific Shared Mobility Device.
(d) Every Shared Mobility Device shall have posted on it a notice to the user of the 24-hour telephone number with live operator, website, and mobile application information of the shared mobility operator.
(e) Every Shared Mobility Device shall be equipped with a bell, horn, or other lawful sound signaling device.
(f) Every Shared Mobility Device shall be equipped with the following if able to operate after sunset and before sunrise:
(1) a lamp on the front exhibiting a white light visible from a distance of at least five hundred (500) feet to the front; and
(2) a lamp on the rear exhibiting a red light visible from a distance of at least five hundred (500) feet to the rear.
(g) Every Shared Mobility Device with a motor shall be equipped with a speedometer.
(h) Every Shared Mobility Device shall have posted on it language clearly visible to users that:
(1) Users are encouraged to wear helmets; (2) Users shall follow all traffic laws; (3) Users shall yield to pedestrians in the public right of way; and (4) Users must follow proper parking procedures.
(i) Unless approved by the license administrator, it shall be unlawful for any shared mobility operator to advertise for a third party on any equipment related to its Shared Mobility System or on its shared mobility devices. Any violation not corrected within 24 hours of notice shall be in violation of this code, and if the violation is on a Shared Mobility Device the Device may be removed from the Public right-of-way and impounded by the city at the cost of the operator. The penalty for violation of this section and fees for removing and impounding a shared mobility device shall be set forth in section 103-52.
(j) A Shared Mobility System operator shall be jointly and severally liable for all violations of this chapter, including the violation of any traffic laws and parking restrictions, relating to a user’s use of a Shared Mobility Device.
Sec 905- 107. Removal from the Public right-of-way
(a) During the hours of 6 AM through 9 PM any Shared Mobility Device that is unsafe to operate or is inoperable shall be removed from the public right of way by the shared mobility operator within 2 hours of notice made to the shared mobility operator. During the hours of 9:01 PM through 5:59 AM, an inoperable Shared Mobility Device or a Shared Mobility Device that is not safe to operate shall be removed from the public right of way by the shared mobility operator within 6 hours of notice made to the shared mobility operator. Notice may be given to the Shared Mobility System operator by any person through the 24-hour phone number, website, email, or mobile application.
(b) The license administrator reserves the right to prohibit the use of any Shared Mobility Device in the area surrounding any special event and the area affected by any public safety emergency.
Proposal No. 120, 2018 Page 5
(c) Shared mobility devices that are not removed pursuant to 905-107(a) or 905-106(i), or any Shared Mobility Device that is not parked in accordance with section 905-108 may have a penalty assessed to the shared mobility operator.
(d) Any Shared Mobility Device that poses a hazard to the public health and safety may be removed by the City at the cost of the shared mobility operator. The penalty for the removal of a Shared Mobility Device shall be provided in section 103-52 of the Code.
Sec 905-108. Parking
A Shared Mobility Device that is not in use:
(a) Shall be parked in such a way that leaves at least six feet of unobstructed passage in the public right of way, which shall be documented by a suitable photograph taken by the user upon conclusion of the ride if there is no permanent docked station for the Shared Mobility Device;
(b) May be parked in the grassplot, the grassy section of Public right-of-way between the sidewalk and street, but may not park in any landscaped areas in the public right-of-way between the sidewalk, street or buildings;
(c) Shall be parked at a bicycle rack or docking station, if available;
(d) Shall be parked in an upright manner;
(e) Shall not be parked in a way to obstruct
(1) Any transit infrastructure, where parking blocks ADA accessibility, bikeshare stations, or bus operations including but not limited to bus stops and signs, shelters, BRT stations, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; (2) Any loading zone; (3) Any accessible parking zone; (4) Any street furniture that require pedestrian access; (5) Any curb ramp; (6) Any entrance or exit from any building; (7) Any driveway; and (8) Any raingarden and/or drainage facilities.
(f) Shall not be parked in any street or alleyway.
Pursuant to section 905-104, the license administrator may by regulation limit the locations at which a Shared Mobility System may operate or cause Shared Mobility Devices to be stored or parked.
Sec 905-109. Data Sharing
(a) To inform and support safe, equitable and effective management of the Shared Mobility Device System throughout the city and inform transportation planning efforts, all Shared Mobility Operators shall provide anonymized data, including but not limited to: (1) origin and destination data; (2) the number of bike share users and trips. The license administrator shall determine the scope, format, frequency and manner of data to be collected and transmitted to the City.
(b) All Shared Mobility Operators shall keep records of maintenance, operations, and reported collisions of its Shared Mobility Devices. The license administrator shall determine the frequency and method of reporting this information.
Sec. 905-110. Enforcement and penalties.
In addition to enforcement procedures and penalties set forth in Chapter 801, a Shared Mobility System’s operator’s first violation of any provision of this chapter in a twelve-month period, including but not limited to the operation of a Shared Mobility System that is not licensed, or not in compliance with the requirements of this chapter, shall be subject to admission of violation and payment of the designated civil Proposal No. 120, 2018 Page 6
penalty through the ordinance violations bureau in accordance with Chapter 103. A Shared Mobility System’s operator’s second and subsequent violations in the twelve-month period are subject to the enforcement procedures and penalties provided in section 103-3.
Sec. 905-111. Severability.
If any section, sentence, clause, word or other provision of this article, or any ordinance amendatory thereof or supplemental thereto, shall be held invalid, such fact shall not affect the validity of any other section, sentence, clause, word or other provision herein, which may be severable therefrom and be valid and capable of reasonable effect and application without such invalid portions, and to this end all such portions of this article are declared severable and shall be so construed whenever possible to do so.
Sec. 905-112. License application date.
From and after the effective date of this ordinance, it shall be unlawful to operate a Shared Mobility System without first obtaining a license as provided in this chapter. The license administrator shall be prepared to accept license applications beginning on August 1, 2018.
SECTION 2. Section 131-501 of the "Revised Code of the Consolidated City and County," regarding schedule of license and permit fees, hereby is amended by the addition of the following code section citation 905-102 with license/permit identification and maximum allowed fee in sequential order, to read as follows:
Sec. 131-501. Schedule of license and permit fees.
The board of business and neighborhood services shall have the power to establish the amount of fees by regulation as granted in section 226-204 of the Code. The following maximum allowed fees are established for their respective licenses and permits issued by the city or county:
Code License or Permit Maximum Allowed Fee Section
905-102 Shared mobility system in the public $15,000 annually right of way And
$1 per day, per Shared Mobility Device operating within a licensee’s Shared Mobility System
SECTION 3. Section 103-52 of the "Revised Code of the Consolidated City and County," regarding schedule of Code provisions and penalties, hereby is amended by the addition of the following code section citations 905-106 and 905-107 with subject matter and civil penalty in sequential order, to read as follows:
Sec. 103-52. Schedule of Code provisions and penalties.
The following Code (or ordinance) provisions and their respective civil penalties are designated for enforcement through the ordinance violations bureau:
Code Subject Matter Civil Section Penalty
905-106 Illegally Parked Shared Mobility Device 25.00
905-107 Removal of a Shared Mobility Device 100.00 plus 10.00 per day Proposal No. 120, 2018 Page 7
SECTION 4. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-3-4-14.
The foregoing was passed by the City-County Council this _____ day of ______, 2018, at _____ p.m.
ATTEST: ______Vop Osili President, City-County Council ______SaRita Hughes Clerk, City-County Council
Presented by me to the Mayor this _____ day of ______, 2018, at 10:00 a.m.
______SaRita Hughes Clerk, City-County Council Approved and signed by me this _____ day of ______, 2018.
______Joseph H. Hogsett, Mayor
AGENDA ITEM COVER PAGE File ID: #4465 Ordinance Second Reading Sponsored by: Francis Suarez, Mayor, Ken Russell, Vice Chair
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“CITY CODE”), ENTITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO INCLUDE SECTIONS 8-1 TO SECTION 8-7 IN A NEWLY RENUMBERED ARTICLE I, ENTITLED “GENERALLY,” MORE PARTICULARLY BY AMENDING SECTION 8-5, ENTITLED “PARENTS AND GUARDIANS NOT TO PERMIT VIOLATIONS OF CHAPTER,” TO ADD A SAFE DRIVING REQUIREMENT, ESTABLISHING A NEW ARTICLE II, ENTITLED “MOTORIZED SCOOTERS,” ESTABLISHING A SIX (6) MONTH PILOT PROGRAM FOR MOTORIZED SCOOTERS WITHIN COMMISSION DISTRICT 2; PROVIDING RULES AND REGULATIONS FOR THE OPERATION OF MOTORIZED SCOOTER SHARING SYSTEMS WITHIN THE CITY OF MIAMI (“CITY”), SPECIFICALLY PROVIDING FOR APPLICABILITY, POLICY STATEMENT, DEFINITIONS, PURPOSE, SCOPE, PROCEDURES, MINIMUM FLEET SIZE, ADJUSTMENTS OF FLEET SIZE, OPERATING REGULATIONS, PARKING, OPERATIONS DATA SHARING, INFRASTRUCTURE FUNDING, AND MINIMUM LICENSE REQUIREMENTS (INCLUDING A NON-REFUNDABLE LICENSING FEE, A MOTORIZED SCOOTER FEE, INDEMNIFICATION, INSURANCE AND BONDING), CODE ENFORCEMENT, REMOVAL OF SCOOTERS, AND OTHER REMEDIES, RESPECTIVELY; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS; PROVIDING FOR A REGULATORY FEE ; PROVIDING FOR A RESERVATION OF RIGHTS TO ISSUE A REQUEST FOR PROPOSALS (RFP)OR SIMILAR DOCUMENT; PROVIDING FOR A RESERVATION OF RIGHTS TO ESTABLISH NO SCOOTERS ZONE(S); PROVIDING A SUNSET PROVISION OF APRIL 30, 2019; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 City of Miami Legislation Ordinance File Number: 4465 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“CITY CODE”), ENTITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO INCLUDE SECTIONS 8-1 TO SECTION 8-7 IN A NEWLY RENUMBERED ARTICLE I, ENTITLED “GENERALLY,” MORE PARTICULARLY BY AMENDING SECTION 8-5, ENTITLED “PARENTS AND GUARDIANS NOT TO PERMIT VIOLATIONS OF CHAPTER,” TO ADD A SAFE DRIVING REQUIREMENT, ESTABLISHING A NEW ARTICLE II, ENTITLED “MOTORIZED SCOOTERS,” ESTABLISHING A SIX (6) MONTH PILOT PROGRAM FOR MOTORIZED SCOOTERS WITHIN COMMISSION DISTRICT 2; PROVIDING RULES AND REGULATIONS FOR THE OPERATION OF MOTORIZED SCOOTER SHARING SYSTEMS WITHIN THE CITY OF MIAMI (“CITY”), SPECIFICALLY PROVIDING FOR APPLICABILITY, POLICY STATEMENT, DEFINITIONS, PURPOSE, SCOPE, PROCEDURES, MINIMUM FLEET SIZE, ADJUSTMENTS OF FLEET SIZE, OPERATING REGULATIONS, PARKING, OPERATIONS DATA SHARING, INFRASTRUCTURE FUNDING, AND MINIMUM LICENSE REQUIREMENTS (INCLUDING A NON-REFUNDABLE LICENSING FEE, A MOTORIZED SCOOTER FEE, INDEMNIFICATION, INSURANCE AND BONDING), CODE ENFORCEMENT, REMOVAL OF SCOOTERS, AND OTHER REMEDIES, RESPECTIVELY; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS; PROVIDING FOR A REGULATORY FEE ; PROVIDING FOR A RESERVATION OF RIGHTS TO ISSUE A REQUEST FOR PROPOSALS (RFP)OR SIMILAR DOCUMENT; PROVIDING FOR A RESERVATION OF RIGHTS TO ESTABLISH NO SCOOTERS ZONE(S); PROVIDING A SUNSET PROVISION OF APRIL 30, 2019; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there have been a profusion of motorized scooters operating without any true regulations, permits or approvals in the City of Miami (“City”); and
WHEREAS, the regulated and permitted operation of motorized scooters is recognized as an alternative and efficient means of personal transportation; and
WHEREAS, it is in the City’s best interest to regulate such operations of motorized scooters in a uniform and reasonable manner protect and enhance the quality of life for city’s residents and the public health, safety, and general welfare; and
WHEREAS, Section 316.008, Florida Statutes, entitled “Powers of local authorities” provides that a county or municipality may enact an ordinance to permit, control or regulate the operation of vehicles, golf carts, mopeds, motorized scooters, and electric personal assistive mobility devices with certain limitations; and
WHEREAS, pursuant to Section 316.2128, Florida Statutes, the operation of motorized scooters may not be operated on sidewalks unless authorized by an ordinance enacted pursuant to Sections 316.008(7)(a) or 316.212(8); and
City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 WHEREAS, the City Commission may create legislative pilot programs within the City for a limited period of time not to exceed one (1) year, this pilot program will be a six (6) month period, which may be reinstated for one (1) additional year; and
WHEREAS this pilot program is limited to the area of the City identified and known as City Commission District 2;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 8 of the Code of the City of Miami, Florida, as amended (“City Code”), is further amended in the following particulars:1
"CHAPTER 8
BICYCLES, SKATEBOARDS, SCOOTERS AND OTHER SIMILAR DEVISES
ARTICLE I – GENERALLY
* * * *
Sec. 8-5. - Parents and guardians not to permit violations of chapter; safe driving.
No parent of any minor child and no guardian of any minor ward shall authorize or knowingly permit any such minor child or ward to violate any of the provisions of this chapter.
All Operators of Motorized Scooters as referenced in this Chapter shall abide by applicable laws, ordinances, and regulations governing their operation. Motorized Scooters will be operated in a safe and prudent manner and shall be operated defensively to avoid bicyclists, pedestrians, and any items, such as bus benches or trash receptacles, in the Sidewalk Furniture Zone.
* * * *
ARTICLE II - MOTORIZED SCOOTERS
Sec. 8-8. Applicability, Policy Statement and Purpose. This Article is supplemental to the general laws of the State of Florida, including Chapter 316, Florida Statutes, entitled “State Uniform Traffic Control.” All definitions from Section 316.003, Florida Statutes, are incorporated herein by reference, including the definition of “Motorized Scooter.” This Article shall apply to any and all Motorized Scooters and Motorized Scooter Services operating within the corporate limits of the City of Miami (“City”), as permitted. This Article is intended to govern the operation of Motorized Scooters and Motorized Scooter Services within the City to ensure that they are consistent with the safety and well-being of all bicyclists, pedestrians, and other users of the public rights-of-way. This Article shall not apply to any sidewalk/sidewalk area funded by the Federal Government except as expressly allowed by United States Department of Transportation Secretary or as expressly allowed by 23 United States Code Section 217(h). The Pilot Program under this Article shall apply to the area of the
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 City within City Commission District 2. Motorized Scooters are not authorized by the Pilot Program under this Article in any area of the City other than City Commission District 2.
Sec. 8-9. Definitions. As used in this Article the following definitions apply:
Application Programming Interface Key. The term “Application Programming Interface Key” (“API Key”) shall mean a code passed in by computer programs calling an application programming interface (“API”) to identify the calling program, its developer, or its user to the web site.
Bike Lane. The term “Bike Lane” shall mean a part of the road which is intended to be used in part by people riding bicycles.
Bike Path. The Term “Bike Path” shall mean a bikeway separated from motorized traffic and dedicated to cycling or shared with pedestrians or other users.
License. The term “License” shall mean the document by which a privilege is granted by the City to authorize a person to operate a Motorized Scooter Service within its corporate limits. Any License issued in accordance with this Article shall be nonexclusive.
Motorized Scooter(s). The term “Motorized Scooter(s)” shall have the meaning ascribed to it in Section 316.003, Florida Statutes, as amended. Motorized Scooter(s) are further defined as a device, with an electric motor, designed to transport only one person, exclusively or in combination with the application of human power, which cannot attain a speed of more than fifteen (15) miles per hour without the application of human power on a level surface.
Motorized Scooter Service. The term “Motorized Scooter Service” shall mean a system in which Motorized Scooters are made available for shared use to individuals on a short-term basis for a price or fee.
Operator. The term “Operator” shall mean an individual or company that has been issued a License pursuant to this Article and/or pursuant to any appropriate procurement process, if approved by the City Commission , as may be later determined by the City Commission to be applicable, as outlined in Chapter 18 of this Code.
Rebalance. The term “Rebalance” shall mean moving Motorized Scooters from an area of low demand to an area of high demand.
Sidewalk. The term “Sidewalk” means that portion of the public right-of-way between the back of curb lines or the lateral lines of a non-driving lane separated by curb and the adjacent property lines, where a three-foot minimum clearance is available to pedestrians and intended for public use. There may also be a median strip or road verge (a strip of vegetation, grass or bushes or trees or a combination of these) either between the sidewalk and the roadway or between the sidewalk and the adjacent property line (also described as Right of Way line or Building Baseline).
Sidewalk Area. The term “Sidewalk Area” includes Bike Lanes and Bike Path, as well as the sidewalk width perpendicular to the road times the sidewalk length along and parallel to the road.
Transit Facility. The term “Transit Facility” means a facility providing accommodations by public, private, or nonprofit entities for the conveyance of persons from one place to another by means of a transportation system, including but not limited to: bus terminal, railroad station, freight terminal, airport, helistop or seaport. City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018
Sec. 8-10. Rules and Regulations. a. The City Manager, or his or her designee, may administratively issue, promulgate and establish additional rules and regulations, consistent with this Article and applicable state and federal laws, as determined to affect the policy of this Article. All additional rules and regulations shall be made available on the City’s website.
b. Pilot Program: The City hereby establishes a six (6) month pilot program (the “Pilot Term”) for the operation of temporary Pilot Program Licenses within the boundaries of Commission District 2.
1. Operators shall have a maximum initial fleet of one hundred (100) Motorized Scooters. Each Operator will deploy no more than fifty (50) Motorized Scooters during the first two weeks of the Pilot Program. 2. The City shall allow Operators to increase their fleet size on a monthly basis by a maximum of 25 percent (25%) if Operator’s usage data demonstrates that their fleet provides on average more than three (3) rides per Motorized Scooter per day. The increase in vehicles on the street shall not exceed the amount required to keep usage rates at or above three (3) rides per Motorized Scooter per day. The City may also require Operators to reduce their fleet size on a monthly basis by 25 percent (25%) if Operator’s usage data demonstrates that their fleet provides on average less than two (2) rides per Motorized Scooter per day. 3. Notwithstanding Subsection (2), the City retains the right to require Operators to reduce their fleet size or cease operations in the event that Operators repeatedly fail to timely rebalance or remove vehicles blocking the right of way or provide timely responses to complaints received by the City. 4. During the duration of the Pilot Program, Operators shall designate two (2) Fleet Coordinators who will be responsible for fielding complaints, addressing technical difficulties, coordinating the rebalancing and removal of scooters parked illegally, and providing public education. 5. On or before the expiration of this Pilot Program, the City Manager or his designee shall report to the City Commission on the status of the Pilot Program. Following the City Manager’s report, the City Commission will consider the City’s options relative to the Pilot Program including: discontinuing, reinstating, or expanding the Pilot Program, authorizing the City Manager to issue a competitive solicitation for a more permanent Motorized Scooter License program, or such other measures as determined to be in the City’s best interests .
Sec. 8-11. Application for Pilot Program License a. A person may not operate, or cause or permit the operation of, a Motorized Scooter Service for the duration of the Pilot Program without first having obtained a valid Pilot Program License issued under this Article. b. A person desiring to obtain a License shall make a written application in a form prescribed by the City Manager, or his or her designee, with the applicant being the person who will own, control, or operate the proposed Motorized Scooter Service. c. An applicant shall file with the City a verified application statement that, at a minimum, contains the following:
City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 i. The address of the applicant’s operations center within the City, and the address of the applicant’s corporate headquarters, if different from the address of the operations center; ii. A witnessed signature of the applicant; iii. Documentary evidence from an insurance company indicating that such insurance company has bound itself to provide the applicant with the insurance required by the Article; iv. Documentary evidence from a bonding or insurance company or a bank indicating that the bonding or insurance company or bank has bound itself to provide the applicant with the payment and performance bond or irrevocable letter of credit required by this Article; v. Documentary evidence indicating that the applicant has applied for and received a current Certificate of Use, Business Tax Receipt, Occupational License, and similar permits and approvals, as applicable; vi. An agreement to indemnify the City, in a form acceptable to the City ; vii. The name of the person designated to receive any and all notices sent by the City to the Operator, including their mailing address, telephone number, and e-mail address; and viii. The name of the person designated to Rebalance, remove, and/or relocate Motorized Scooter(s), including their mailing address, telephone number, and e-mail address. d. The application shall be accompanied by a non-refundable licensing fee of $50,000, which shall be used to offset any costs to the City and/or the Department of Off-Street Parking, also referred to as the Miami Parking Authority (“MPA”) related to enforcement of this Section. Any excess licensing fees shall be designated for sidewalk and/or street improvements within the Pilot Program Area. e. A Pilot Program License shall expire six (6) months from the date it is issued. f. In the event that the Pilot Program is reinstated by vote of the City Commission, Pilot Program License(s) may be renewed following the same process set forth in this Section. g. The City Manager, or his or her designee, reserves the right to cancel any License, if there is a violation of the Article, violations involving public health, safety or general welfare, failure to maintain the required insurance or bonding or otherwise comply with this Article, or for other good and sufficient cause as determined by the City Manager in his or her sole discretion.
Sec. 8-12. Motorized Scooter Fee. In addition to the non-refundable licensing fee set forth in Section 8-11, Operators shall remit to the City a Motorized Scooter Fee in an amount equivalent to one dollar ($1.00) per Motorized Scooter per day. The Motorized Scooter Fee shall be calculated monthly based on usage data. During the duration of the Pilot Program, this Motorized Scooter Fee shall be designated for sidewalk and/or street improvements within Pilot Program Area.
Sec. 8-13. Motorized Scooter Parking. a. Motorized Scooters must be parked on a Sidewalk or other hard surface, beside a bicycle rack, or at a city-owned location. Motorized Scooters may only be parked on private property with the permission of the property owner. b. Motorized Scooters may not be parked at bicycle docking stations located on City and/or MPA property with an existing franchise agreement .
City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 c. Motorized Scooters must be upright while parked. d. Motorized Scooters may not be parked in a manner that would impede normal and reasonable pedestrian access on a Sidewalk or in any manner that would reduce the minimum clear width of a Sidewalk to less than 3 feet. e. Motorized Scooters may not be parked in a manner that would impede vehicular traffic. f. Motorized Scooters may not be parked in a manner that would impose a threat to public safety or security. g. Motorized Scooters may not be parked on a block where the Sidewalk is at any point less than 6 feet in width, or on a block that does not have Sidewalks. h. Motorized Scooters may not be parked in a visibility triangle as defined in Section 54-1 of this Code, measured in accordance with Section 3.8.4 of Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended. i. Motorized Scooters must be parked in a manner that is compliant with the applicable provisions of the Americans with Disabilities Act of 1990. j. Motorized Scooters may not be parked in a way that blocks: i. Fire hydrants call boxes or other emergency facilities; ii. Transit Facilities; iii. Loading spaces or zones; iv. Passenger loading spaces or zones, or valet parking service areas; v. Railroad tracks or crossings; vi. Disabled or prohibited parking zones; vii. Street furniture that requires pedestrian access (for example, benches, parking pay stations, or bicycle/news racks); viii. Window Displays; ix. Building entryways; or x. Vehicular driveways. k. Motorized Scooters that are parked in an incorrect manner must be re-parked, removed and/or relocated by an Operator within thirty (30) minutes of receiving notification from the City. l. The City or the MPA may identify designated Motorized Scooter parking zones in order to guide riders to preferred parking zones and assist with the orderly parking of Motorized Vehicles throughout the City.
Sec. 8-14. Operations a. No one under the age of 18 shall operate a Motorized Scooter. b. Operators shall comply with all applicable rules, regulations, and laws, including any additional rules and regulations promulgated by the City Manager, or his or her designee. Persons operating Motorized Scooters shall be subject to all rules, regulations ,and laws, including any additional rules and regulations promulgated by the City Manager, or his or her designee, applicable to an Operator, except those which, by their very nature, can have no application. The City Manager may consider the following factors in promulgating the rules: The National Association of City Transportation Officials recommendations inclusive of: cities should require Licensees to come to agreement with the city on procedures and protocols for: • extreme weather (e.g. blizzards, hurricanes, floods) • emergencies (e.g. earthquakes, fires, etc.) • special events (e.g. marathons, events, parades, film shoots, etc.) • maintenance (e.g. debris and trash removal) for small vehicle parking zones. Operators shall at all times maintain a staffed operations center within the City;
City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 c. Operators shall maintain a twenty-four (24) hour customer service phone number prominently posted on each Motorized Scooter for customers and citizens to report safety concerns, make complaints, ask questions, or request that a Motorized Scooter(s) be relocated. d. Operators shall provide the City with the contact information for someone who can Rebalance, remove, and/or relocate Motorized Scooter(s). The Operator shall Rebalance, remove, and/or relocate a Motorized Scooter(s) within thirty (30) minutes of receiving notification from the City. An Operator shall notify the City within 24 hours of a change in contact information. e. Any Motorized Scooter that is removed due to maintenance or safety issues shall be repaired before being returned to service. f. The City and/or MPA may, without prior notice to the Operator, remove any Motorized Scooter(s) that is/are visibly damaged or non-functional, or blocking the public right of way, or located outside the Pilot Program Area, and take it to a MPA or other City facility for storage, at the sole expense of an Operator. The City and/or MPA shall charge a fee of not to exceed $25.00 per scooter for removal and storage. The City and/or the MPA shall invoice the Operator for the cost of removal and storage. Any Motorized Scooter that remains unclaimed with the City and/or MPA for five (5) days is subject to sale pursuant to the procedures for abandoned or lost property set forth in Section 705.103, Florida Statutes, or by any other method allowed by the laws of the State of Florida or the City. g. Motorized Scooters must be well maintained and in good operating condition. h. Motorized Scooters must be of a high quality and sturdily built to withstand the effects of weather and constant use for a period of no less than five (5) years. i. Motorized Scooters must be rebalanced on a daily basis. j. Motorized Scooters shall not display any third-party advertising. k. Each Motorized Scooter shall be equipped with active global positioning system (GPS) technology. l. Each Motorized Scooter shall display the name of the Operator, (and if it can be accommodated the local business address) along with a unique identification number. m. Operators shall educate persons operating Motorized Scooters regarding the rules, regulations and laws applicable to riding, operating, and parking a Motorized Scooter. An Operator’s mobile application must provide information notifying a user that: i. Motorized Scooters may be operated on streets or sidewalks in a manner similar to bicycles; ii. Motorized Scooters are to be operated at a person’s own risk, and that no representation is being made by the City as to the condition of any Sidewalk or Sidewalk Area; iii. Motorized Scooters shall at all times yield to pedestrians and shall give an audible signal before overtaking and passing such pedestrian; iv. The use of helmets while operating a Motor Scooter is strongly encouraged; and n. Operators will implement marketing and targeted community outreach plans, at their own expense, and to the satisfaction of the City, to promote the use of Motorized Scooters, particularly in low-income communities, and provide education regarding the rules, regulations and laws applicable to riding, operating, and parking a Motorized Scooter, as well as safe, prudent, defensive, and courteous operation. o. Operators shall work with local businesses or other organizations to promote the use of helmets by persons operating Motorized Scooters through partnerships, promotional credits, and other incentives. p. Operators shall not place or attach any fixtures, structures, or personal property, other than a Motorized Scooter, in the public right-of-way without the written permission of the
City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 City Manager or his or her designee. Permission to place any items in the public right-of way must be incorporated into the License. q. If the City incurs a cost in addressing or abating any violation of this Article, or incurs any cost of repair or maintenance of any public property resulting from the use of Motorized Scooters, the Operator shall reimburse the City for the full cost within thirty (30) days of receiving written notification from the City. Sec. 8-15. Data Sharing a. Operators shall cooperate with the City in the collection and analysis of aggregated data concerning its operations. Operators shall provide the City with real-time information on all Motorized Scooters operating within its boundaries through a documented API. Operators shall provide the City Manager, or his or her designee, with the procedure and credentials to authenticate to the API. b. Operators shall publish to the API (1) the point location, and (2) identification number for each Motorized Scooter. The City shall be permitted to display real-time data provided via the API and may publish real-time Motorized Scooter availability data to the public. c. Operators shall publish to the API (1) the point location, and (2) identification number for each Motorized Scooter. The City shall be permitted to display real-time data provided via the API and may publish real-time Motorized Scooter availability data to the public. d. Operators shall also provide the following anonymized data for each trip record through the API
Field Name Format Description Company Name [Company Name] N/A Trip Record Number XXX0001, XXX0002, 3-Letter Company Acronym + XXX0003, … Consecutive Trip Number Trip Duration MM:SS N/A Trip Distance Feet N/A Start Date MM/DD/YYYY N/A Start Time HH:MM:SS (00:00:00 – N/A End Date MM/DD/YYYY N/A End Time HH:MM:SS (00:00:00 – N/A Start Location XY or Lat/Lon Coordinates N/A XY or Lat/Lon Coordinates
End Location XY or Lat/Lon Coordinates N/A Identification Number xxxx1, xxxx2, … Unique Identification for Every Motorized Scooter
Route: Licensee will create a GeoJSON Feature Collection where every observed point in the route, plus a time stamp, should be included. The route must include at least two (2) points, a start point and end point. Additionally, it must include all possible GPS samples collected by a provider.
Standard Cost: The cost, in cents that it would cost to perform that trip in the standard operation of the System.
Actual Cost: The actual cost in cents paid by the user for the trip.
Sec. 8-16. Insurance Requirements a. An Operator shall procure and keep in full force and effect no less than the insurance coverage required by this Section through a policy or policies written by an insurance City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 company or companies authorized to do business in Florida, who are rated A- (V) or better per A.M. Best’s Key Rating Guide. b. The insured provisions of the policy or policies must list the City, the MPA, their officers and employees as additional insureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a Motorized Scooter. c. An Operator shall maintain the following insurance coverages: i. Commercial general liability with limits of $2,000,000 per occurrence, $5,000,000 policy aggregate affording coverage for claims resulting from bodily injury (including death) and property damage. The policy shall be written on a primary and noncontributory basis, and should insure against premises and operations, personal injury, and contingent and contractual exposures. ii. Automobile/Motorcycle liability affording coverage on all motor vehicles/scooters used in connection with the operations or activities contemplated under this Article. The Operator should furnish the City with a policy affording coverage on all owned autos and scooters, including coverage for hired and non-owned auto exposures, with a combined single limit for bodily injury (including death) and property damage of $2,000,000 per accident. iii. Workers Compensation subject to the statutory limits of the State of Florida. iv. The City retains the right to require additional insurance coverage in connection with the activities performed by the Operator under this Article as may be determined by the City Risk Management Director, considering the size of the fleet and other liability insurance related factors. v. Failure to maintain required insurance coverage is cause for immediate cancellation of the License by the City Manager or his or her designee. d. Any insurance policy required by this Section must be on file with the Risk Management Department, in a form acceptable to the City Manager, or his or her designee, prior to the issuance of a License under this Article. e. Insurance required under this Section must include a cancelation provision in which the insurance company is required to notify both the Operator and City Manager, or his or her designee, in writing not fewer than thirty (30) days before cancelling any insurance policy or before making a reduction in coverage. An Operator, upon receiving said notice, shall file with the Risk Management Department, in a form acceptable to the City Manager, or his or her designee, any and all replacement insurance policies prior to the cancelation or reduction of the same. f. An Operator may not be self-insured.
Sec. 8-17. Performance Bond or Irrevocable Letter of Credit. a. An Operator shall submit to the Risk Management Department a payment and performance bond, in a format as prescribed in Section 255.05, Florida Statutes, and in a form acceptable to the City Manager, or his or her designee, prior to the issuance of a License under this Article. b. Alternatively, an Operator may post an irrevocable letter of credit issued by a bank authorized to transact business in Florida. c. The payment and performance bond or irrevocable letter of credit shall be in the sum of $50,000.00, and must list the Operator as principal and be payable to the City. d. The payment and performance bond or irrevocable letter of credit must remain in effect for the duration of the License.
City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 e. Cancellation of the payment and performance bond or irrevocable letter of credit does not release the Operator from the obligation to meet all requirements of this Article and License. If the payment and performance bond or irrevocable letter of credit is cancelled, the License shall be suspended on the date of cancelation and the Operator shall immediately cease operations until the Operator provides the City Manager, or his or her designee, with a payment and performance bond or irrevocable letter of credit that meets the requirements of this Section.
Sec. 8-18. Indemnification. Operators shall indemnify, defend, and hold harmless the City, the MPA, jointly and severally, and their respective officers, employees, agents and instrumentalities from any and all liability, losses or damages, including any and all attorneys’ fees and costs of defense, which the City and its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature including, but not limited to, personal injury or wrongful death, property loss or damage, the conditions and features on all Sidewalks and Sidewalk Areas, or other areas within the City on which a Motorized Scooter is operated, to the extent arising out of or in any way connected with the operation of the Motorized Scooter Service or use of a Motorized Scooter. Operators shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including administrative, trial, and appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. Operators shall expressly understand and agree that any insurance protection required by this Article, or otherwise provided or secured by an Operator, shall in no way limit the responsibility to indemnify, defend and hold harmless the City, the MPA, or their officers, employees, agents and instrumentalities as required by this Section. The obligation to indemnify, defend, and hold harmless will survive the revocation, cancellation, or expiration of a License. The Operators will acknowledge on the License Application Form, which will include this Indemnification in substantially the language provided by this Section, that the granting of the License is, in part, conditioned on the granting of this Indemnification which is knowingly and voluntarily given by the Operators.
Sec. 8-19. The Motorized Scooter Pilot program will automatically terminate on April 30, 2019 or six (6) months from the effective date this Ordinance, whichever occurs last.
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Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 APPROVED AS TO FORM AND CORRECTNESS:
City of Miami File ID: 4465 (Revision: B) Printed On: 10/1/2018 SECOND SUBSTITUTE ORDINANCE NO. BL2018-1202
An ordinance amending Title 12 of the Metropolitan Code of Laws to regulate dockless bicycle and scooter operators of systems of shared urban mobility devices, such a bicycles and scooters, and to establish a permitting system for same.
WHEREAS, the Metropolitan Government has a fundamental responsibility to ensure safe passage on public rights-of-way, to protect public health, safety and welfare, and govern commerce in the public right-of-way:; and,
WHEREAS, the Metropolitan Government has the authority under state law and the Metropolitan Charter to regulate commerce and commercial equipment that use the public rights-of-way; and,
WHEREAS, the Metropolitan Government has the authority under state law and the Metropolitan Charter to regulate the operation of vehicles on the public right-of-way, including streets, roads, bike lanes, sidewalks, and other thoroughfares:; and,
WHEREAS, the Metropolitan Government endeavors to provide for the safety of all persons and equipment in the rights-of-way; and,
WHEREAS, it is necessary to ensure that dockless systems of shared urban mobility devices (SUMDs), such as bicycles and scooters, are operated in a manner that is safe for all riders, pedestrians, and drivers; and,
WHEREAS, it is necessary to incorporate dockless bicycles and scooters SUMDs into Nashville’s transportation infrastructure; and,
WHEREAS, it is necessary to ensure that dockless bicycles and scooters SUMDs are parked in a manner that does not clutter the public right of way or obstruct access for pedestrians, cars, bicycles, transit, or other modes of transportation:,; and,
WHEREAS, it is the desire of the Metropolitan Council to encourage and provide for new transportation options for Nashville residents and visitors; and,
WHEREAS, dockless bicycle and scooter SUMD sharing programs can provide alternative transportation to relieve traffic congestion and provide “last mile” access to public transit; and,
WHEREAS, it is the desire of the Metropolitan Council to encourage and foster innovative transportation options in Nashville to ease the city’s increasing traffic congestion; and,
WHEREAS, it is the desire of the Metropolitan Council for the Metropolitan Government to partner with private entities to make new and innovative transportation options widely available to Nashville residents and visitors; and,
WHEREAS, it is the desire of the Metropolitan Council for there to be equitable access to dockless bicycles and scooters SUMDs, and for them to be available in neighborhoods and communities that are underserved by mobility and transportation options; and,
WHEREAS, dockless bicycles and scooters SUMDs can serve as an alternative to automobiles, reduce pollution and carbon emissions, and improve air quality; and,
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 12 of the Metropolitan Code of Laws be amended to add a new chapter, “Chapter 12.62 – Dockless Bicycles and Scooters Shared Urban Mobility Devices” as follows:
Chapter 12.62 – Dockless Bicycles and Scooters Shared Urban Mobility Devices
Section 12.62.010 – Definitions
The following words and phrases shall have the meanings set forth below, unless the context clearly requires otherwise:
“Business District” means an area of at least one full block of retail shops or offices fronting a sidewalk that has steady pedestrian traffic.
“Dockless bicycle and/or scooter share Shared Urban Mobility Device (SUMD) system” or “System” means a system which provides bicycles, electric bicycles or electric scooters urban mobility devices for short-term rentals for point-to-point trips and which may be locked and unlocked without the requirement of a bicycle rack or other docking station. Such a System can be a Lock-to SUMD System or a dockless SUMD system.
“Lock-to bicycle and/or scooter share Shared Urban Mobility Device (SUMD) system” means a system which provides bicycles, electric bicycles or electric scooters SUMDs for short-term rentals for point-to-point trips which must be locked or secured to a stationary object. A SUMD that is not lock-to would be dockless.
“Operator” means a corporation, firm, joint venture, limited liability company, partnership, person, or other organized entity that operates a dockless bicycle and/or scooter share system or a lock- to bicycle and/or scooter share SUMD system, whether for profit or not for profit.
“Powered” means electric or motorized; in the case of a UMD, it also means any other technology that allows the UMD to be self-propelled.
“Urban Mobility Device (UMD)” means bicycles, tricycles, scooters, hoverboards, skateboards, pedal cars, segways, and other similar devices, whether they are powered or nonpowered. A UMD does not include devices used as assistive mobility devices by persons with disabilities.
“User” means a person who rents and uses a bicycle, electric bicycle or electric scooter UMD from an operator.
Section 12.62.020 – Application for Permit
A. A Pilot Program is hereby created to allow for operators which desire to operate a dockless bicycle and/or scooter share SUMD system or business within the limits of the Metropolitan Government of Nashville and Davidson County. No person shall operate a SUMD System without first obtaining a certificate of public necessity and convenience to do so as provided in this Chapter. Any operator interested in applying for a permit certificate of public necessity and convenience shall submit an application to Metro the Metropolitan Transportation Licensing Commission (MTLC). B. The application must include these items: 1. A completed Certificate of Public Convenience and Necessity Application, in a form approved by the MTLC, which includes a the following information and is accompanied by a payment of the $500 application fee and the following: a. Images and description of bicycle SUMDs and mobile application; b. Size of fleet at launch, including any planned fleet expansions during the pilot period; c. Service area at launch, including any planned expansions during the pilot period; d. Plan for educating users on proper bicycle and/or scooter SUMD operation and parking; e. Plan for providing an equitable bicycle and/or scooter share SUMD service; and f. Plan for complying with this ordinance and its requirements. 2. Certificate of Insurance, pursuant to Sec. 12.62.030.D. C. If the MTLC staff determines that the application meets all the requirements, operators will need to above, the applicant/operator shall submit the items below prior to issuance of the permit.
1. Program Administrative Fee, pursuant to Sec. 12.62.070.A.; 2. Performance Bond, pursuant to Sec. 12.62.050.D.; and 3. Five (5) account logins to allow Metropolitan Government staff to login to the operator’s system as if they were a User, for oversight. D. The number of permitted operators shall not be limited by the Metropolitan Government. E. During this pilot program, a permit certificate of public necessity and convenience shall be issued for one (1) year and may be renewed by the MTLC only after re-application. F. Operators are not entitled to and have no automatic right to renewal of their permit, and operators must comply with any and all ordinances, regulations or policies that are duly and lawfully adopted by the Metropolitan Government after a permit is approved. G. Any operator determined to have operated within the limits of the Metropolitan Government of Nashville and Davidson County after June 15, 2018 and before obtaining the appropriate permit mandated by this ordinance shall be prohibited from obtaining a permit for one year from the effective date of this ordinance. H. The MTLC is authorized to promulgate regulations to interpret and administer this chapter.
Section 12.62.030 – Safety Regulations
A. To be eligible for a permit, the following standards must be met: 1. All bicycles used by operators issued a permit under this chapter shall meet the standards set forth in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part 1512 – Regulations for Bicycles and ISO 43.150 – Cycles, subsection 4210. All bicycles shall meet the requirements for lights during hours of darkness described in Tennessee Code Annotated § 55-8-177. This includes a front light that emits white light and a rear red reflector. 2. All electric bicycles used by operators issued a permit under this chapter shall meet the standards set forth for bicycles and shall meet the National Highway Traffic Safety Administration definition of low-speed electric bicycle. Each electric bicycle must have fully operable pedals, an electric motor of less than 750 watts, and a top motor-powered speed of less than 20 miles per hour when operated by a rider weighing 170 pounds. An electric bicycle must meet the standards set forth in Tennessee Code Annotated §§ Title 55, Chapter 8, Part 3. If the Metropolitan Government determines that any battery or motor on an electric bicycle is unsafe for public use, it reserves the right to terminate the permit issued under this pilot program. 3. All electric scooters used by operators issued a permit under this chapter shall meet the standards set forth for electric bicycles, except an electric scooter need not have fully operable pedals. An electric scooter shall have a foot board for the user to stand upon and no seat. Each scooter shall have a top motor-powered speed of less than 20 miles per hour when operated by a rider weighing 170 pounds. If the Metropolitan Government determines that any battery or motor on a scooter is unsafe for public use, it reserves the right to terminate the permit issued under this pilot program. 4. The MTLC is authorized to adopt safety standards to address other types of UMD’s, including but not limited to (non-electric) types of powered UMD’s, if it chooses to allow them. B. All operators permitted pursuant to this program shall provide a mechanism for users to notify the operator of any safety or maintenance issues with the bicycle, electric bicycle or electric scooter SUMDs. C. All operators shall affix to any bicycle, electric bicycle or electric scooter SUMD visible language that notifies the user that: 1. A bicycle, electric bicycle or electric scooter SUMD shall not be operated upon a sidewalk within a business district. 2. Whenever operating a bicycle, electric bicycle or electric scooter SUMD upon a sidewalk, the user shall yield to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. 3. Helmet use is encouraged while riding. 4. When riding on a street, users must follow the rules of the road as one would in a motor vehicle. 5. 24-hour customer service phone number for users and the general public to report safety
concerns, complaints or ask questions. 6. Bicycle or scooter SUMD unique identifier. D. All permitted operators shall have a minimum of one million dollars ($1,000,000) in automobile insurance and two million dollars ($2,000,000) in commercial general liability insurance. E. Prior to a permit certificate of public convenience and necessity being issued, all permittees certificate holders shall sign and record with Metro the MTLC an indemnification agreement (in a form approved by the Metropolitan Department of Law) in which the permittee certificate holder agrees to indemnify and hold harmless the Metropolitan Government of Nashville and Davidson County. The certificate holder shall further include in its agreements with its users a term that its users must agree to as prerequisite to the use of the SUMD: that the user fully releases and waives all liability of the Metropolitan Government for any injury or harm the user experiences arising from the user’s use of the certificate holder’s SUMD. F. Permitted operators shall agree that the Metropolitan Government is not responsible for educating users on how to ride or operate a bicycle, electric bicycle or electric scooter SUMDs. G. Permitted operators shall inform and regularly educate all users regarding all laws and regulations applicable to riding, operating and parking a bicycle or scooter SUMD and instruct users to comply with these laws and regulations. H. All bicycles and scooters SUMDs shall include on-board GPS to ensure an operator’s ability to locate and retrieve them as needed. I. Operators shall ensure that on a regular basis all bikes SUMDs are inspected, maintained, and replaced as necessary. J. All certificate holders are required to submit monthly reports to the MTLC certifying under oath their compliance with all of the requirements of this ordinance. The MTLC staff, at their discretion, shall have the right to inspect all SUMDs and records of the operator in order to verify the accuracy of such certifications. Any false certifications shall result in the revocation of the certificate holder’s certificate of public convenience and necessity, after notice and a hearing regarding same before the MTLC.
Section 12.62.040 – Parking and Use of Bicycles and Scooters Shared Urban Mobility Devices
A. Operators shall inform users on how and where to properly use and park a bicycle, electric bicycle or electric scooter SUMD. B. Permits issued pursuant to this chapter are valid only for operations within the public right-of- way within the jurisdiction of Metro. Additional zones may be established for other locations upon coordination with the appropriate department, agency, and/or property owner. C. Any bicycle, electric bicycle or electric scooter Any SUMD parked in any one location for more than two (2) consecutive days without moving may be removed by the department of public works and taken to a facility designated by the department for storage at the expense of the operator. The Metropolitan Government shall invoice the violating operator. D. Any bicycle, electric bicycle, or electric scooter SUMD shall be upright when parked. E. Bicycles and scooters SUMDs shall not be parked in such a manner as to impede the right of way or impede access to the right of way., consistent with the following: 1. SUMDs shall be parked in the frontage zone as defined in the Major and Collector Street Plan (MCSP), or furnishing zone as defined by the adopted standards of the Metropolitan Government, or at a bicycle rack owned or operated by the Metropolitan Government. Operators shall inform customers on how to park SUMDs properly, following the requirements for parking of bicycles outlined in section 12.60.140. 2. Restrictions to eligible SUMD parking zones on sidewalks: a) SUMDs shall not be parked on blocks where the frontage/furnishing zone is less than 3 feet wide, or where there is no frontage/furnishing zone. b) On blocks without sidewalks, SUMDs may be parked if the travel lane(s) and 6-foot pedestrian clear zone are not impeded. c) Metro, through its Traffic and Parking Commission, reserves the right to determine certain block faces where free-floating SUMD parking is prohibited. Geo-fenced areas may be used to designate where SUMD parking is or is not allowed. d) SUMDs shall not be parked in the frontage/furnishing zone adjacent to or within: i. Parklets;
ii. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; iii. B-Cycle stations; iv. Loading zones; v. Disabled parking zone; vi. Street furniture that requires pedestrian access (for example - benches, parking pay stations, bus shelters, transit information signs, etc.); vii. Curb ramps; viii. Entryways; and ix. Driveways. F. All permitted operators shall provide contact information for relocation requests on each bicycle, electric bicycle, or electric scooter SUMD. G. A bicycle, electric bicycle or electric scooter SUMD shall not be operated upon a sidewalk within a business district. The Traffic and Parking Commission may also determine specific areas as business districts. H. Whenever operating a bicycle, electric bicycle or electric scooter SUMD upon a sidewalk, the user shall yield to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. I. All permitted operators shall comply with any restrictions developed by the Metropolitan Government regarding where bicycles and scooters SUMDs can be deployed, placed, parked, and operated. J. Only one person shall be on a bicycle or scooter SUMD, unless the bicycle it is equipped with seating for additional users. K. A bicycle or scooter An operator shall only not allow a powered SUMD to be operated by a person who is less than eighteen (18) years or older. L. An operator shall not allow an SUMD that meets the definition of a motorized vehicle to be operated by any person who does not have a driver’s license. M. Any violation of this ordinance by a user in the operation or parking of a bicycle or scooter SUMD shall be a fine of twenty-five dollars ($25) that is. The fine shall be assessed on the bicycle or scooter SUMD and paid by the owner of the SUMD. N. All Metropolitan Government departments and entities are encouraged but not required to find innovative ways to accommodate and incorporate the use and parking of bicycles, electric bicycles or scooters SUMDs.
Section 12.62.050 – Operations of Dockless Bicycle and/or Scooter Share Operator Shared Urban Mobility Device Systems
A. All permitted operators shall have a staffed operations center within the boundaries of the Metropolitan Government of Nashville and Davidson County. B. All permitted operators shall have a 24-hour customer service phone number for users and others the general public to report safety concerns, complaints or ask questions. The phone number shall be visible on all of the operator’s bicycles, scooters SUMD, signage and other equipment. C. All permitted operators shall create and maintain a Nashville-specific website and/or social media platform that includes information on Metropolitan Government regulation of dockless bicycles and scooters SUMDs and other relevant and appropriate information regarding their operation. The site shall also explain the terms of service, including user instructions, privacy policies, and all fees, costs, penalties, and unexpected charges. D. All permitted operators shall provide Metro with a direct contact number of staff capable of rebalancing or relocating bicycles or scooters. D. All permitted operators shall provide the Metropolitan Government with contact information, such as name, phone number, and email, of a Nashville-based manager or operations staff available 24 hours a day, 7 days a week. The Nashville-based manager or operations staff shall be capable of re-balancing or relocating bicycles or scooters SUMDs and is be able to respond to Metro requests, emergencies, and other issues at any time. E. All permitted operators shall have a performance bond of eighty dollars ($80) per bicycle or scooter SUMD, with a cap of one hundred thousand dollars ($100,000). The form of the bond shall be approved by Metro the Metropolitan Department of Law. These funds shall be
accessible to the Metropolitan Government for future public property repair and maintenance costs that may be incurred related to SUMD use, removing, and storing bicycles/scooters SUMDs improperly parked, or if a company is not present to remove bicycles or scooters SUMDs if its permit certificate of public convenience and necessity is terminated. If a permitted operator increases the size of their fleet, the performance bond shall be adjusted appropriately before deploying additional bicycles or scooters SUMDs. F. Permitted operators shall respond to requests for rebalancing, relocation, reports of incorrectly parked bicycles and/or scooters SUMDs, or reports of unsafe/inoperable bicycles or scooters SUMDs by relocating, re-parking, or removing the bicycles and/or scooters SUMDs, as appropriate, within 24 2 hours or less of notification between 6am and 10pm on weekdays, not including holidays, and within 10 hours of notification all other times. Any inoperable or unsafe bicycle or scooter SUMD shall be removed within 2 hours of notification, and it must be repaired before placed back onto the right-of-way or into revenue service. The MTLC may designate specific areas with different time requirements. G. Every bicycle and scooter SUMD shall have a unique identifier, such as a unit number, that is visible to the user on the bicycle SUMD. H. If the Metropolitan Government or any Metro department or office agency thereof incurs any costs as a result of addressing or abating any a permittee operator’s violation of these requirements, or incurs any costs of repair or maintenance of public property, upon receiving written notice of the costs, the permitted operator shall reimburse the Metropolitan Government for such costs within thirty (30) days. E. After notice and a hearing, the Metro MTLC may take disciplinary action, including revocation, suspension or probation, against any appropriate steps or assess any penalties or sanctions to compel operators certificate holder who fails to comply with this ordinance, any other Metro ordinance, provision of the Metropolitan Code or any other applicable law. This shall include cancellation of an operator’s permit as authorized in 12.62.050.K. MTLC staff is authorized to take any temporary action until a hearing is held. I. Metro reserves the right to terminate permits. Upon revocation or surrender of a certificate of public necessity and convenience, decommissioning shall be completed within thirty (30) days unless a different time period is determined by Metro MTLC or its staff. J. The Metropolitan Government shall establish, and all permitted operators shall comply with, procedures and protocol in the event of extreme weather, emergencies, and special events. K. Permitted operators shall respond to requests for rebalancing, reports of incorrectly parked bicycles and/or scooters, or reports of Metro can require relocation or rebalance of vehicles on regular basis, and companies must do so within 48 hours or less of notification. L. Permitted operators shall respond to reports of incorrectly parked SUMDs, requests for rebalancing, or requests for relocation of SUMDs, and must take corrective action within forty- eight (48) hours of notification. M. Metro The MTLC and its staff has the power and is are authorized to do all acts and things necessary or convenient to implement this ordinance, compel compliance with this ordinance, to promote and protect public safety, and to ensure the right of way is not impeded. N. MTLC or its staff may limit the hours of operation of SUMDs or the streets within the metropolitan area in which they can operate. Any deviation from the approved hours or locations of operation must be approved by the MTLC or its staff. Any approved deviation must be reported to the MTLC or the MTLC director staff prior to beginning of operations.
Section 12.62.060 – Data Sharing
A. Permitted operators will report data to Metro for reporting and analysis purposes. B. Permitted operators are required to report information regarding their Nashville fleet. Operators will work with Metro to provide the following information on their company's operations within Metro: A. Permitted operators shall provide the Metropolitan Government and its departments with real- time information on the entire Nashville fleet through a documented application program interface (API). The permitted operator is directly responsible for obtaining an API key from the Metropolitan Government to which the operator will publish the data described below. The data to be published to the API will include the following information in real time for every SUMD parked in the Nashville operational area:
1. Point location; 2. Location, duration and distance of trips; 2. Bicycle or scooter SUMD identification number; 3. Type of bicycle or scooter SUMD (standard or powered); 4. Demographics of the user of bicycles/scooters; 4. Fuel level (if electric powered). B. The Metropolitan Government is permitted to display real-time data provided via the API described in 12.62.060.A. C. The Metropolitan Government is able to publish real-time SUMD availability data to the public. D. All permitted operators shall provide the following anonymized data for each trip record to inform and support safe and effective management of the SUMD system, and for transportation planning efforts. Data will be submitted to the Metropolitan Government via an API to be distributed by the Metropolitan Government. Field Name Format Description Company Name [company name] n/a Type of SUMD “Standard” or “Powered” 3-letter company acronym + consecutive trip # Trip record number xxx0001, xxx002, xxx0003, … n/a SUMD ID number xxx1, xxx2, … Unique identifier for every SUMD, determined by company Trip duration MM:SS n/a Trip distance Feet n/a Start date MM, DD, YYYY n/a Start time HH:MM:SS (00:00:00 – 23:59:59) n/a
End date MM, DD, YYYY n/a End time HH:MM:SS (00:00:00 – 23:59:59) n/a
Start location Census block n/a End location Census block n/a Trip Route GPS Coordinates GPS coordinates for entire trip duration and distance
E. All permitted operators will provide the following SUMD availability data for oversight of parking compliance and SUMD distribution by minutes. Data may be submitted to the Metropolitan Government Open Data Portal. Field Name Format Description GPS Coordinate X, Y n/a Availability duration Minutes n/a Availability start date MM, DD, YYYY n/a Availability start time HH:MM:SS (00:00:00 – n/a 23:59:59) Company website URL Link to website with customer service capability Company phone 615-xxx-xxxx Local customer service number
F. Permitted operators and their customers shall consent to the sharing of operator data by the Metropolitan Government with the Transit Hub Transportation Data Collaborative (TH-TDC). Permitted operators shall include in terms of use that customers also consent that trip data will be shared with the Metropolitan Government and become public record. (All data will be anonymized). G. All permitted operators shall consent to distribute to all users a customer survey, provided by the Metropolitan Government, under circumstances agreed to by the Metropolitan Government and the company regarding customer service and program evaluation. H. All permitted operators under this pilot permit program shall keep a record of maintenance activities, including but not limited to SUMD identification number, maintenance performed, and
SUMDs retrieved due to unauthorized parking. These records shall be sent to the Metropolitan Government weekly. I. All permitted operators agree to participate with any evaluation of the program. J. All permitted operators will first clean data before providing or reporting data to Metro. Data processing and cleaning shall include: 1. Removal of staff servicing and test trips 2. Removal of trips below one minute 3. Trip lengths are capped at 24 hours K. Permitted operators shall provide all data so that individual users can not be identified.
Section 12.62.070 – Fees
A. Applicants shall pay a program administrative fee of thirty-five dollars ($35) per bicycle, electric bicycle or scooter to department of public works SUMD to the MTLC for the administrative time costs during pilot permit program. Operators will be required to pay this administrative fee for any additional bicycle or scooter SUMD expansions. This fee must be renewed annually, and may change at any time by resolution of the metropolitan council. The MTLC may make recommendations to the metropolitan council about the amount of the fee at any time for any reason. B. One dollar ($1) of each program administrative fee and one percent (1%) of all other fee revenue shall be earmarked to creating and improving bike lanes, dividers, curbside parking stalls, and other biking and bike parking infrastructure to accommodate increased use of this infrastructure. B. If any stations or other structures are proposed, each site shall require additional review deposits and permitting, including obtaining a separate encroachment permit.
Section 12.62.080 – Number of bicycles and/or scooters Shared Urban Mobility Devices allowed
A. Permitted operators’ fleets are limited to 400 bicycles or scooters during the first three months of the pilot, 800 bicycles or scooters beginning at the third month of the pilot, and 1,500 bicycles or scooters beginning at the sixth month of the pilot. After the sixth month, permitted operators can expand beyond 1,500, assuming they fulfill the other requirements contained in this chapter and in the permit. A. Permitted operators’ fleets shall be limited in number with separate limitations for each type or category of SUMD, such as bicycles, powered bicycles, and powered scooters. The MTLC may establish other categories of SUMDs. B. Each type or category of SUMD shall be limited in number to 400 during the first two months of the pilot, 800 beginning at the third month of the pilot, and 1,200 beginning at the fifth month of the pilot. After the sixth month and approval by the MTLC, permitted operators can expand beyond 1,200, assuming they fulfill the other requirements contained in this chapter and in the permit. C. Metro shall determine an average utilization threshold for dockless bicycles, electric bicycle and electric scooters for each type of dockless vehicle after gathering information and consulting with appropriate entities. D. Metro At any time the MTLC or its staff shall allow permitted operators to increase their fleet size on a monthly basis beyond these the above limitations if the permitted operators’ provided data demonstrates their fleet is being used above the average utilization threshold. E. Each expansion or increase in fleet size shall require a determination by the MTLC or its staff that the permitted operator has fulfilled the requirements of this chapter and the number of violations associated with the SUMDs of that operator is below a threshold to be established by the MTLC. F. Metro The MTLC shall determine the average utilization threshold for dockless bicycles, electric bicycle and electric scooters SUMDs for each type of vehicle after gathering information and consulting with appropriate entities. Until the MTLC determines the average utilization threshold, the threshold for SUMDs shall be as follows: 1. For scooters the average trip per scooter during the prior month shall exceed 3 trips per day; 2. For electric bicycles, the average trip per bicycle during the prior month shall exceed 2
trips per day; 3. For bicycles, the average trip per bicycle during the prior month shall exceed 1 trip per day; G. The MTLC may require permitted operators to reduce their fleet size on a monthly basis if permitted operators’ provided data demonstrates their fleet is being used below the average utilization threshold. Reduction of a permitted user’s fleet size according to this section shall only be implemented after notice and a hearing before the MTLC. The MTLC may adopt criteria for reducing fleet size. H. Permitted operators A permitted operator shall notify Metro the MTLC if they plan it plans to change their its fleet size, within the parameters permitted above, two weeks before deployment. This notice shall include the additional program administrative fee for the expanded fleet and documentation of their its updated performance bond. I. All permitted operators shall have systems with service areas that do not exceed 340 of each type of bicycles or scooters SUMDs per square mile. The MTLC shall designate the location of the square mile locations in relation to service areas. J. Any permitted vendors operating systems with more than 1,000 bicycles/scooters SUMDs must include Nashville Promise Zones in 20% or more of their service area.
Section 12.62.090 – Equitable access
A. Permitted operators shall have a plan to provide equitable access in neighborhoods and to communities and users that are underserved by mobility and transportation options. B. Permitted operators are encouraged to: 1. Provide pricing options that address the needs of low-income residents; 2. Provide discount programs to low income individuals; 3. Develop options that do not require a smartphones; 4. Provide cash-payment options; and 5. Provide adaptive bicycles and scooters SUMDs that enable operation by people with disabilities.
Section 12.62.110 – Study by Metro
A. Metro The MTLC shall conduct a study no later than January 1July 1, 2020 to: 1. Determine if revenue generated by fees covers the cost of permitting, administration, compliance and enforcement; 2. Determine the impact of dockless bicycles and scooter SUMDs; and 3. Recommend changes to this ordinance or other Metropolitan Government ordinances, policies or practices.
Section 2. This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.
INTRODUCED BY:
Jeremy Elrod Member of Council
F 1 L E£)
CITY OF OAKLAND 2MJUL 12 PN5>31 AGENDA REPORT
TO: Sabrina B. Landreth FROM: Ryan Russo City Administrator Director, Transportation
SUBJECT: Shared Mobility Update and Dockless DATE: June 12, 2018 Bike and Scooter Share Program - Revised
City Administrator Approval Date: 'Tfi vAtf
RECOMMENDATION
Staff Recommends That The City Council
(1) Receive An Informational Report On The City’s Shared Mobility Initiatives; (2) Adopt An Ordinance Amending Title 10 And Title 12.08 Of The Oakland Municipal Code To Establish Regulations And New Permits To Operate And Park Dockless Bike And Scooter Sharing Programs In The Public Right Of Way; And (3) Adopt An Ordinance Amending Ordinance Number XXXXX (Fiscal Year 2018-2019 Master Fee Schedule) Establishing Fees For The New Dockless Bike And Scooter Share Permits.
EXECUTIVE SUMMARY
Several shared mobility services now operate in Oakland, including bike share, car share and scooter share. Thousands of Oaklanders have signed up for these membership-based services enabled by smartphone applications, taking hundreds of thousands of trips. These services help to achieve City goals by reducing single occupant vehicle trips, greenhouse gas emissions, and wear and tear on the roadway, all without public subsidy. This report provides information on these shared mobility initiatives and recommends that the City Council adopt policies and ordinances to provide a regulatory framework for dockless bike and scooter share operations.
Highlights of the informational report include: America Automobile Association (AAA) launched a one-way, free-floating car share program with 250 permitted vehicles in April 2017 and doubled the size of the fleet in January 2018 in response to better-than-expected membership and usage; community outreach for the regional “Ford GoBike” bike share system included nine dedicated community planning meetings held across the City, an online suggestion map and direct in-person outreach to nearby residents, businesses and community groups; a total of 62 metered parking spaces have been repurposed for bike share stations in the right-of-way, with the overall impact on meter revenues expected to be minimal as staff works to relocate affected meters to nearby spaces.
Item: Public Works Committee July 17, 2018 Sabrina B. Landreth, City Administrator Subject: Shared Mobility Update and Dockless Bike and Scooter Share Program Date: June 12, 2018 Page 2
Dockless bikes and scooters are a new option that may offer similar benefits to existing shared mobility services. Approval of the recommended ordinances will establish a dockless bike and scooter share program, allowing staff to issue Minor Encroachment Permits for dockless bikes and scooters, including electric bikes and scooters, subject to criteria regarding parking, safety, quality of equipment, public outreach, equity, data privacy, noise and other factors, in addition to standard requirements for insurance and indemnification.
BACKGROUND/LEGISLATIVE HISTORY
In April 2001 City Council approved Resolution No. 76606 C.M.S. to allow City CarShare to provide car sharing services in the City of Oakland.
In March 2015 City Council approved Resolution No. 85459 C.M.S. adopting a Car Share Policy and amended the Oakland Municipal Code 13184 Master Fee Schedule to include permits for eligible car sharing organizations.
In July 2015 City Council approved Resolution No. 85715 C.M.S. adopting a Bike Sharing Policy and authorizing the City Administrator to negotiate and enter into an Intergovernmental Agreement with the Metropolitan Transportation Commission (MTC).
In February 2016 City Council adopted Ordinance No. 13355 C.M.S. granting a Franchise Agreement to Bay Area Motivate, LLC (Motivate) to operate a bike share program.
ANALYSIS AND POLICY ALTERNATIVES
This section opens with an update on Oakland’s various shared mobility initiatives, including details about the fiscal impact of the recently launched bike share program, and ends by introducing the newest form of shared mobility, dockless bike and scooter share.
Shared Mobility Initiatives Update Transportation options in Oakland and around the country have evolved rapidly over the past few years with a growing variety of services using mobile phone applications that connect passengers with on-demand services such as shared rides, cars, vans, scooters and bikes. Known as "shared mobility” services, they are often owned and operated by private, for-profit entities, and generally do not require public funding or subsidy, other than use of the right-of- way. Shared mobility services present both opportunities and challenges for achieving the City’s goals and ensuring the safe and efficient movement of people and goods in Oakland. Several shared mobility programs are permitted to operate within the City, including dedicated-space car share (such as ZipCar), station-based bike share (such as Ford GoBike) and free-floating car share (such as GIG Car Share). Additional shared mobility services operate without regulated permits from the City, such as ride sharing services Uber and Lyft, and electric scooter sharing service Lime-S. Ride sharing is regulated by the California Public Utility Commission (CPUC) and is not covered by this report. Scooter sharing is not regulated by the CPUC and is the subject of the proposed permit program.
Item: Public Works Committee July 17, 2018 Sabrina B. Landreth, City Administrator Subject: Shared Mobility Update and Dockless Bike and Scooter Share Program Date: June 12, 2018______Page 3
Dedicated Space Car Share Car share operators often enter into agreements with owners of private property such as gas stations or shopping centers to reserve and sign parking spaces for car share vehicles. Oakland’s Dedicated Space Car Share initiative entitles a permitted car share vehicle exclusive parking privileges for a dedicated space in the right of way. Only members of a qualified car share organization can lawfully park the permitted car share vehicle in a dedicated space. To date, four car share operators have submitted “Qualified Car Share Operator” applications and indicated that they may apply for as many as sixty dedicated spaces. While no spaces have been commissioned at this time, staff expects operators to take advantage of this program later this summer or early fall.
Free Floating Car Share In April 2017 GIG Car Share initiated the Bay Area's first free-floating car share service in Oakland and Berkeley, with an initial launch of 250 vehicles. Gig purchased the City’s combined Free Floating Zone Parking Permit (FFZPP) and Master Residential Parking Permit (MRPP), which waives parking duration time limits in signed areas.
After better than expected usage, GIG Car Share doubled its fleet from 250 vehicles to 500 vehicles in early 2018. The “home zone” or service area in which GIG users can begin and end vehicle reservations, simultaneously expanded to include the neighborhoods of Highland Park, Glenview, Highland Terrace, San Antonio and Fruitvale. Over 5,000 Oaklanders have signed up to be GIG members and through May 2018 members have taken over 26,000 trips originating in Oakland.
Research demonstrates that car sharing creates a variety of environmental benefits, including lower private vehicle ownership rates, increased rates of walking and biking, and decreased greenhouse gas emissions1. By allowing members the flexibility to shed existing vehicles or avoid purchasing new vehicles, every car share vehicle removes 9-13 privately owned vehicles from the road2.
To assess the impacts of Oakland’s car share program on personal vehicle ownership and travel behavior, the City has contracted with the Transportation Sustainability Research Center at UC Berkeley to conduct a statistically valid survey of car share users in Oakland. This survey is underway, with initial results expected to be released in 2019.
Bike Share In July 2017 the Ford GoBike program began operation in Oakland, Berkeley, Emeryville, San Francisco and San Jose. All 79 planned Ford GoBike stations in Oakland were installed by April 2018. Over 1,400 Oaklanders have signed up as members, and over 175,000 trips have been taken on the system. According to a Ford GoBike member survey, an estimated 30% of those trips would have been taken by car if bike share did not exist. About one fifth (18%) of Oakland’s
1 Elliot Martin and Susan Shaheen "The Impact of Carsharing on Public Transit and Non-Motorized Travel: An Exploration of North American Carsharing Survey Data" Energies, Basel, Switzerland, Nov 2011; Elliot Martin and Susan A Shaheen "Greenhouse Gas Emission Impacts of Carsharing in North America" IEEE Transactions on Intelligent Transportation Systems, Vol 12, No 4, December 2011 2 Elliot Martin and Susan Shaheen "The Impact of Carsharing on Household Vehicle Ownership" Access, 38 Spring 2011 22-27
Item: Public Works Committee July 17, 2018 Sabrina B. Landreth, City Administrator Subject: Shared Mobility Update and Dockless Bike and Scooter Share Program Date: June 12,2018 ___ Page 4 bike share members receive a discounted $5 first-year membership through the “Bike Share For All” program. This program is available to anyone that participates in the CalFresh, PG&E California Alternative Rates for Energy (CARE) or San Francisco’s MUNI Lifeline pass.
In April 2018 Ford GoBike added electric assist bikes (E-bikes) to its fleet in San Francisco. These E-bikes are equipped with an electric battery to aid the rider’s pedaling, which can be particularly beneficial for trips with elevation gain and for riders who have difficulty pedaling. The E-bikes have seen an average of 7.8 trips per bike per day since launch, more than double the usage of the non-electrified bikes.
In January 2018, the Department of Transportation (DOT) notified Ford GoBike of its intention to develop an E-bike program, thereby triggering a 90-day exclusive negotiating period consistent with the regional Bike Share Coordination Agreement between the City, the Metropolitan Transportation Commission (MTC). Ford GoBike. and the four other participating cities Franchise Agreement. This exclusive negotiating period ended in April, with DOT staff and Ford GoBike unable to come to agreement on the terms of an E-bike program. Per the regional Coordination Agreement, the City now has the right to issue a solicitation for an E-bike program that would include other operators, but must offer Ford GoBike the opportunity to respond to such solicitations regarding E-bikes. Staff recognizes existing agreements and will therefore not issue permits for dockless bicvcle/scooter sharing systems that may conflict with terms of any agreement with the Citv.
Bike Share Outreach Process and Dispute Resolution Oakland’s bike share stations have been sited based on careful engineering analysis, Oakland’s Bike Share Planning and Siting Guidelines (see Attachment A), and community outreach. The community outreach for bike share in Oakland began with nine dedicated community planning meetings held between February and October of 2016 at locations throughout the planned bike share service area, including West Oakland, North Oakland, Chinatown, Rockridge, Grand Lake, Temescal and Fruitvale. Participants in these public workshops helped select potential locations for individual stations. Ford GoBike also used an online crowdsourcing tool to collect public suggestions for station locations. After individual station locations were identified, staff from Ford GoBike were responsible for completing additional outreach to businesses or residents that share frontage with the location, as well as nearby businesses, residents and merchant groups. For each proposed site, Ford GoBike staff conducted door-to-door outreach. If someone was not home, materials were left at the door step and the outreach team followed up in person, by phone, or by email.
While such efforts were made to notify and engage neighbors of proposed bike share station locations, DOT staff received requests to remove or relocate 14 bike share stations after installation. The primary reasons for these requests included impacts on parking and loading, and a perceived lack of notification or incompatibility with residential land use. To objectively evaluate these requests in a way that meets Citywide goals and maintains fairness to bike share users, staff amended the Bike Share Station Planning and Siting Guidelines to include criteria for assessing public requests to relocate bike share stations (again, see Attachment A).
Fiscal Impacts of Bike Share Program Oakland’s bike share system is owned and operated by Bay Area Motivate L.L.C., now operating as Ford GoBike, at no cost to the City. The regional Coordination Agreement that
Item: Public Works Committee July 17, 2018 Sabrina B. Landreth, City Administrator Subject: Shared Mobility Update and Dockless Bike and Scooter Share Program Date: June 12, 2018 ______Page 5 governs the bike share system does not specify any exchange of funds between the City of Oakland and Ford GoBike, except for City staff time reimbursement for permit review, fees for specific services (such as moving a bike share station) and potential revenue sharing and liquidated damages. The Oakland Municipal Code lists a permit fee of $1,781.00 for “New Bike Share Station Encroachment”. The total fee for all 79 stations is $140,600.00. The City of Oakland received a $660,616.00 grant from the Bay Area Air Quality Management District (BAAQMD)’s Transportation Fund for Clean Air to fund these permit fees and other staff costs associated with the bike share program.
The publicly-funded precursor to the Ford GoBike program, known as Bay Area Bike Share, was funded by the Bay Area Air Quality Management District (BAAQMD), the Metropolitan Transportation Commission and local agencies at a cost of approximately $7 million over four years. The Bay Area Bike Share program included 700 bikes at 70 stations, making it approximately the same size as Oakland’s current system. The City’s privately funded system therefore represents a significant cost savings over a publicly funded model.
Bike Share Parking Impacts The Ordinance creating the Bike Sharing Franchise Agreement (No. 13355 C.M.S) states “given that sidewalks in Oakland are generally narrow and have an abundance of existing street furniture and fixtures, wherever feasible, stations will be located in the parking lane, similar to parklets and on-street bicycle parking corrals”. Of the 79 bike share stations in Oakland, 16 (20%) are located on sidewalks or in parks, 42 (53%) are in un-metered curb space and 21 (27%) are in metered curb space. The 21 stations in metered curb space hold approximately 250 bikes, and repurpose 62 metered parking spaces. Those 62 parking meters generated approximately $87,000 of revenue during Fiscal Year (FY) 2016-17. However, the total impact of bike share on meter revenues is uncertain, as demand for vehicle parking at these locations is not necessarily ‘lost’, but rather redistributed - valuable curb space being better utilized and. instead of parking on street at a particular metered stall, drivers may choose to park at a nearby meter, off street in garages or lots, or choose another option altogether, like transit, car share, or bike share.
The City’s total on-street parking meter revenue in FY 2017-18 experienced a slight drop, but js within a normal range of deviation from previous years (see Table 1 on page 5). In addition, on street parking revenue has increased by 50% since FY 2013-14, indicating that the bike share program has not had a significant impact on overall parking revenues during its first year in operation. Staff identified a total of 80 nearby locations for new parking meters during the bike share station siting process. Once installed, these new meters are projected to offset future parking meter revenue losses from the bike share program.
Table 1. Total On-street Parking Revenue, FY 2013-14 to FY 2017-18
Fiscal year Total on-street parking % Change year over year revenues 2013-14 $9,820,025 2014-15 $14,590,798 48.6% 2015-16 $15,215,056 4.3% 2016-17 $14,797,803 -2.7% 2017-18 $14,735,747* -.4%
Item: Public Works Committee July 17, 2018 Sabrina B. Landreth, City Administrator Subject: Shared Mobility Update and Dockless Bike and Scooter Share Program Date: June 12, 2018 Page 6
I *11 months of revenue data was annualized to estimate a full year
Dockless Bike and Scooter Share Services This section introduces the newest form of shared mobility, dockless bike and electric-bike (E- bikes) share and scooter and electric-scooter (E-scooter) share, and describes the objectives of a recommended regulated permit process for these vehicles, including implementation steps, public outreach and other requirements. “Dockless” means that users of these vehicles are not required to return them to docking stations.
Shared dockless bikes and E-bikes may be locked to a fixed object, such as a bike rack, or simply kept in place by a self-locking mechanism. Shared dockless bikes are typically located and unlocked by the user via a mobile phone application, which also charges the user’s credit card a per-trip, or per-minute fee. Dockless E-bikes are shared bicycles that include a battery and small electric motor which provides pedaling assistance to riders, allowing them to more easily travel longer distances or up steep hills.
Dockless E-scooters are electric-powered scooters which operate in a very similar manner to dockless E-bikes. These E-scooters are available within the public right-of-way for users to unlock and ride. They are typically accessed via a mobile application, which also charges the user’s credit card a per-mile or per-minute fee.
In February 2018 representatives from LimeBike contacted staff and inquired about operating an E-scooter service in Oakland. Staff researched existing permit programs and responded that Oakland did not have a permit process for these services in place at that time. Staff advised LimeBike to apply for a business license and comply with all other relevant rules and regulations governing businesses operating in Oakland, including provisions concerning illegal dumping and obstructing the pedestrian right of way. In March 2018, LimeBike launched an E-scooter service in Oakland with about 40 scooters. According to representatives from LimeBike, each scooter has been used more than five times per day.
Dockless bike and scooter sharing services have the potential to help achieve Citywide transportation goals by further reducing the need for vehicle ownership, reducing single occupant vehicle trips and increasing “first-and-last-mile” connections to transit. By reducing single-occupant vehicle trips, these services would also reduce congestion and wear and tear on our streets. E-bikes and E-scooters emit no air pollution or greenhouse gases during operation. However, these services may also create new problems, including obstructing the pedestrian right-of-way. Active management is therefore needed to ensure that dockless bikes and scooters help to achieve City goals.
The Ordinances accompanying this report, if adopted, would amend Title 10 and Title 12.08 of the Oakland Municipal Code to establish a new permit for dockless bike and scooter sharing services, and provide criteria regarding parking, safety, quality of equipment, public outreach, equity, data privacy, noise levels and other factors, in addition to standard requirements for insurance and indemnification.
To support this initiative, staff is also recommending changes to the Oakland Municipal Code that would create fees for related services and permits. Staff conducted a Peer-City survey (see
Item: Public Works Committee July 17, 2018 Sabrina B. Landreth, City Administrator Subject: Shared Mobility Update and Dockless Bike and Scooter Share Program Date: June 12, 2018 Page 7
Table 2 below) and compared the costs and fees associated with existing programs in the City. The proposed fees are designed to recover all costs related to the program (see Exhibit A to the accompanying Ordinance).
Table 2. Peer-City Survey of Fees for Dockless Bike and/or E-Scooter Permits and Services
CityPer Performance Application Annual Total fees vehicle (surety) fee renewal first year fee bond fee (1,500 vehicles)
Austin$30 $100/unit $45,000
San $25,000 $15,702 $13,219 $15,702 Francisco
St. Louis $10 $500 $15,500
Seattle $15 $80/bike, $1,672 $146 $24,172 max $10,000
Staff is also recommending a robust community engagement process, including public workshops where applicants co-plan the system with the community and a public forum for applications to pitch their proposals directly to Oakland citizens. The recommended policy would require pre-approval public outreach plans, including a full list of presentations, activities and events.
PUBLIC OUTREACH/INTEREST
This item did not require additional public outreach other than the required posting on the City’s website.
COORDINATION
Staff coordinated with the City’s Risk Manager and Benefits Office, as well as the Office of the City Attorney and the Budget Bureau in the preparation of this report. The informational report was prepared in response to a request from the Office of Councilmember Lynette Gibson- McElhaney. The ordinance was developed through a joint effort with the Offices of Councilmembers Rebecca Kaplan and Noel Gallo.
Item: Public Works Committee July 17, 2018 Sabrina B. Landreth, City Administrator Subject: Shared Mobility Update and Dockless Bike and Scooter Share Program Date: June 12,2018 Page 8
COST SUMMARY/IMPLICATIONS
The proposed program for Dockless Bikes and Scooters is designed to be revenue neutral. A fee study has been conducted to determine the cost of City staff time and equipment related to administering the permit and installing any necessary infrastructure, such as bike racks. The permit, confiscation and storage fees are intended to recover all costs related to the program.
SUSTAINABLE OPPORTUNITIES
Economic. By increasing access to transportation options, shared mobility services have the potential to reduce the costs of living and working in Oakland and increasing access to jobs and other economic opportunities. This report and the proposed permit program support these economic objectives.
Environmental: Shared mobility initiatives have the potential to reduce dependence of private vehicle ownership and usage, supporting use of transit and active transportation and reducing congestion and single occupancy vehicle trips that contribute to greenhouse gas emissions. This report and the proposed permit program support these environmental objectives.
Social Equity. By entering agreements with and providing guidelines and permits to shared mobility service operators, staff can establish equity objectives that help ensure services are available, affordable and accessible to all Oaklanders. This report and the proposed permit program support these equity objectives.
CALIFORNIA ENVIRONMENTAL QUALITY ACT. fCEQAI
This report is exempt from the environmental analysis requirements of CEQA under CEQA Guidelines section 15061(b)(3) (Common Sense Exemption) because no actions impacting the environment will result from its consideration.
ACTION REQUESTED OF THE PUBLIC WORKS COMMITTEE
Staff Recommends That The City Council (1) Receive An Informational Report on the City’s Shared Mobility Initiatives, (2) Adopt An Ordinance Amending Title 10 And Title 12.08 Of The Oakland Municipal Code To Establish Regulations And New Permits To Operate And Park Dockless Bike And Scooter Sharing Programs In The Public Right Of Way; And (3) Adopt An Ordinance Amending Ordinance Number XXXXX (Fiscal Year 2018-2019 Master Fee Schedule) Establishing Fees For The New Dockless Bike and Scooter Share Permits.
Item: Public Works Committee July 17, 2018 Sabrina B. Landreth, City Administrator Subject: Shared Mobility Update and Dockless Bike and Scooter Share Program Date: June 12,2018 ______Page 9
For questions regarding this report, please contact Kerby Olsen, Shared Mobility Coordinator, at [email protected] or (510) 238-2173.
Respectfully submitted,
Ryai isso Director, Department of Transportation
Reviewed by: Wladimir Wlassowsky, Assistant Director Department of Transportation
Reviewed by: Michael Ford, Manager Acting Manager Parking and Mobility Division
Prepared by: Kerby Olsen, Shared Mobility Coordinator Parking and Mobility Division
Attachments (1):
A. Bike Share Planning and Siting Criteria
Item: Public Works Committee July 17, 2018
FILED Revised bv Public Works Committee at 7/17/18 meeting mt l6£ Oi THL ©ri ■; C! APPROVI F| EGALITY ® A K L. A. H v) CILMEMBERS KAPLAN AND GALLO MuffDraf City Attorney
OAKLAND CITY COUNCIL
Ordinance No. C.M.S.
ORDINANCE AMENDING TITLE 10 AND TITLE 12.08 OF THE OAKLAND MUNICIPAL CODE TO ESTABLISH REGULATIONS AND NEW PERMITS TO OPERATE AND PARK DOCKLESS BIKE-AND SCOOTER SHARING PROGRAMS IN THE PUBLIC RIGHT OF WAY
WHEREAS, the City of Oakland recognizes the practice of bike sharing as a beneficial mode of transportation that reduces demand for private vehicles, decreases per capita greenhouse-gas emissions, and creates more affordable mobility options for all of Oakland's residents; and
WHEREAS, dockless bike share sharing and scooter sharing services, which do not require a docking station to operate and may be electric-assist vehicles (E-bikes and E-scooters), have the potential to offer the same benefits as bike sharing, and may offer additional mobility benefits for the public, including larger, more equitable service areas and accommodation for riders with a greater range of physical abilities; and
WHEREAS, the Energy and Climate Action Plan (Resolution No. 84126 C.M.S.) calls for a 36% reduction in greenhouse gas emissions and 20% reduction in vehicle-miles traveled from 2005 levels by 2020; and
WHEREAS, the City of Oakland, through its "Alternative Modes Policy" (Resolution No. 73036 C.M.S.) supports transportation alternatives to private, single-occupant vehicles; and
WHEREAS, the City of Oakland applied for Transportation Fund for Clean Air funding and received $660,616.00 for the Oakland Bike Share Program; and
WHEREAS, the City of Oakland adopted a Bike Sharing Policy (Resolution No. 85715 C.M.S.) which calls for the implementation of a bike sharing program that facilitates the “last mile” of transit trips and non-auto short trips; and
WHEREAS, the City of Oakland has the authority, pursuant to City Charter Article I, to amend the Municipal Code to amend the Master Fee Schedule to include permit fees for dockless bike sharing and scooter sharing operations; and
WHEREAS, unregulated, unpermitted shared-use bies and scooters proliferating in our community can cause problems, including impeding the public right of way, lack of accountability for improper use and placement, and can cause tripping hazards; and
WHEREAS, this ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15301 (existing facilities), and 15061(b) (3) (no significant effect on the environment); and
1 WHEREAS, effective and responsible regulation can help ensure that these new services can provide improved mobility options for the public, while also incentivizing appropriate placement and responsible behavior, and local jobs and accountability; now, therefore
THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
Section 1. Title 10 of the Oakland Municipal Code is amended to add new Chapter 10.18:
Chapter 10.18 DOCKLESS BIKE-ANP SCOOTER SHARE PROGRAM
10.18.010 - Definitions.
As used in this chapter, the following definitions shall apply:
A. “Dockless Bike-and Scooter share system” means providing bikes/scooters, inclusive of electric-assist bikes/scooters (B-bikes/E-scooters), for short-term rentals for point to point trips where, by design of the dockless bike/scooter share operator, the bikes/scooters are intended to remain in the public right of way, even when not being rented/used by a customer.”
B. "Dockless Bike/Scooter share operator” or “Operator” is any entity that owns and/or operates a City authorized dockless Bike/Scooter share system or program in the City’s right of way. The term includes any employee, agent or independent contractor hired by the Operator.
C. “Dockless Bike/Scooter share User or Customer” is any person that uses, rents or rides a dockless Bike or Scooter or is a customer of the Dockless Bike/Scooter Operator.
10.18.020 - Dockless Bike and Scooter Operator Permits and Regulations Governing Dockless Bikes and Scooter Programs.
A. The City Administrator, or her designee, shall develop dockless bike-and-scooter operator program criteria, application process and program requirements to operate within the City’s right-of-way.
B. The City Administrator, or her designee, is authorized to review, approve and issue dockless bike and scooter operator permits to operators who submit applications to operate such programs within the City.
C. The City Administrator, or her designee, shall promulgate additional regulations governing dockless bike and scooter programs which at minimum will require Operators to provide bioyole-and scooter safety features (such as lights and reflectors), to follow parking rules, to meet operating and customer service performance standards, and to perform data collection and reports to the City that monitors performance and effectiveness. Safety communication materials and app features must be preapproved by 2 D. Operator’s vehicles shall not create excessive or annoying noises in violation of Chapter 8.18.010 of the Oakland Municipal Code, nor play threatening messages.
10.18.040 - Establish parking and fleet size requirements in accord with California Vehicle Code section 21206 (Bicycles) and section 21225 (motorized scooters).
A. The City Administrator, or her designee, shall establish parking requirements for dockless bikes/scooters, and assess each Operator's compliance with those requirements. Shared bikes and scooters with both “self-locking” technology and those that lock to bike racks may be allowed.
B. Unless otherwise specified acceptable areas of the right-of-way, including the “furnishing zone” if one exists, or at the curb side in areas with narrow sidewalks and no furnishing zone.
C. If Operator's bikes/scooters are found to be consistently parked improperly, the City Administrator reserves the right to reduce the number of shared scooters allowed under their permit, or revoke it all together. To maintain parking compliance, Operators shall:
1. Provide a single point-of-contact (phone number and email) customer service line, available 24 hours, for complaints regarding improper parking; and 2. List that contact clearly on each scooter along with a unique identifying number; and 3. Address those complaints within 3 hours during typical work hours (Monday- Friday, 9am~6pm) and 12 hours on weekends and after typical work hours; and 4. Issue a “ticket number” for each issue to both the City and the person who reported the issue; and 5. Provide a response when a complaint is closed, similar to Oakland’s 311 system; and 6. Provide sufficient operations and maintenance staff in Oakland to address issues and remove improperly parked scooters.
D. Each Operator shall be required to provide a minimum and maximum number of dockless bikes and scooters, to ensure availability and avoid over-saturation. A maximum number of bikes or scooters should be established, with an additional 100 vehicles allowed in phases if the Operator’s total fleet achieves a threshold of usage.
10.18.050 - City Administrator shall require equitable service areas and rebalancing of dockless bikes and scooters
A. The Dockless Bike and Scooter Share permit is only valid for operations within the city public right of way. An Operator shall not restrict use of its bioycle/scooter share system within certain geographical areas of the city unless approved by the city. Permission to operate the bicycle/ scooter share system outside the public right of way shall require permission of appropriate department, agency, or property owner(s); the bieyele/scooter share Operator shall have a means of communicating to the customer when the bike/scooter has been operated in non- permitted areas. The communication to the User shall be sent electronically at the end of the ride.
4 B. Dockless Bikes-and Scooters should be distributed equitably throughout Oakland. No less than 50% of Operators scooters and bikes shall be deployed in Oakland’s Communities of Concern (as designated by the Metropolitan Transportation Commission). Operators shall provide real-time access to data showing the location of all their bikes and scooters.
C. Operators will closely monitor ridership and adjust bike-and scooter density and location accordingly to maximize the convenience of the greatest number of riders.
10.18.060- persons with experiencing disabilities
A. Operators shall be required to include adaptive E-bioyoles scooters for Users experiencing with disabilities, including hand-cycles, tandems and trikes. The total percentage of adaptive E-bikes scooters should be based on expected need, performance and usage.
B. If Operator is unable to deploy adaptive E-bieyGles scooters at the time of permit issuance, a plan must be submitted to the Department of Transportation within three months detailing a timeline for incorporation of shared adaptive E-bicycles scooters into their fleet. This plan should detail the types and numbers of adaptive E-bikes scooters that will be made available.
10.18.070 - Provide access to persons without smart phones or credit cards
Operators shall make available ways to use and pay for the service that do not require a smart phone or credit card.
10.18.080 - Ensure affordability
Operators shall offer a discounted membership plan for those with low-incomes, equivalent to $5 for one year of unlimited 30 minute rides for those who participate in the State Nutritional Assistance Program (SNAP) or California Alternative rates for Energy (CARE).
10.18.090 - Protect personal data and privacy
Operators should clearly communicate to the public and to the City what personal information is being collected about Users, how it is being used, and for how long. The dockless bike and scooter share permit shall include a standard reporting form for this information, and the responses should be available on the City’s website.
10.18.100 - Share data and reports
Operators shall make real-time data available to the City and designated third parties via the data standard developed by the North American Bikeshare Association, known as the “General Bikeshare Feed Specification (GBFS)”, or similar standard as determined by the City. In addition, reports summarizing usage, maintenance, rebalancing, customer service and other key 5 performance indicators should be provided to the City on a bi-yearly or quarterly basis.
10.18.110 - Establish a Community Engagement Process
The City Administrator or her designee will establish requirements for a robust community engagement process, including public workshops where Operators co-plan the system with the community and a public forum for Operators to present their proposals directly to, and receive comments from, Oakland residents. Public outreach plans shall be pre-approved by designated City staff, and should include a full list of presentations, activities and events.
Section 2. Chapter 12.08 is Amended to Read as Follows:
12.08.012 - Dockless Bike and Scooter Sharing Minor Encroachment Permits.
Operators of Dockless Bike and Scooter share systems as defined in Chapter 10.18.10 are required to obtain a minor encroachment permit before commencing any operation of such programs within the City’s right-of-way.
The City Administrator, or her designee, is authorized to issue minor encroachment permits to a dockless bike/scooter sharing Operator in compliance with the provisions of this title. Such permits shall be required for the dockless bike/scooter sharing operator to maintain public dockless bike/scooter sharing systems on the public right-of-way, including streets, sidewalks, and plazas of the City. The number and location of shared dockless scooter vehicles allowed under each such permit shall be subject to approval of the City Administrator, or her designee.
The City Administrator, or her designee, shall not issue permits for dockless bieyele/scooter sharing systems in contradiction with terms of any existing agreement.
A dockless bike/scooter share Operator shall be required to obtain a minor encroachment permit from the City Administrator, or her designee, prior to and in order to provide a dockless bieyele/scooter share system in the City of Oakland. Encroachment permits will be effective for a period of one year and are renewable annually.
It shall be unlawful for a dockless bieyele/scooter share Operator to provide a deekless bieyele/scooter share system within the City without first obtaining an encroachment permit from the Department of Transportation.
6 Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
Section 4. CEQA Determination. This ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15301 (existing facilities), and 15061(b) (3) (no significant effect on the environment).
Section 5. Effective Date. This Ordinance shall be effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption by the City Council.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, CAMPBELL WASHINGTON, GALLO, GIBSON MCELHANEY, GUILLEN, KALB, KAPLAN, AND PRESIDENT REID NOES-
ABSENT-
ABSTENTION-
ATTEST: LaTonda Simmons City Clerk and Clerk of the Council of the City of Oakland, California
DATE OF ATTESTATION:
2453539 v2
7 NOTICE AND DIGEST
ORDINANCE AMENDING TITLE 10 AND TITLE 12.08 OF THE OAKLAND MUNICIPAL CODE TO ESTABLISH REGULATIONS AND NEW PERMITS TO OPERATE AND PARK DOCKLESS BIKE AND SCOOTER SHARING PROGRAM IN THE PUBLIC RIGHT OF WAY
Ordinance creating a regulated permit program for the establishment, operation and oversight of shared mobility services featuring dockless bikes and scooters, including electric-assist bike and scooters (e bikes and e-scooters) that operate and park in the public right of way.
8 Revised bv Public Works Committee at 7/17/18 meeting - ®F FitTHE E® Ml APPROVE® .EGALITY * .ct M» ©AKI AfW INTRODUCED BY COUNCILMEMBERS KAPLAN AND GALLO 2«l JUL I9 PH City Attorney
OAKLAND CITY COUNCIL
Ordinance No. C.M.S.
ORDINANCE AMENDING ORDINANCE NUMBER —M-fFISCAL YEAR 2018- 2019 MASTER FEE SCHEDULE) ESTABLISHING FEES FOR THE NEW DOCKLESS SCOOTER SHARE PERMITS
WHEREAS, the City of Oakland recognizes the practice of bike sharing as a beneficial mode of transportation that reduces demand for private vehicles, decreases per capita greenhouse-gas emissions, and creates more affordable mobility options for all of Oakland's residents; and
WHEREAS, dockless bike share sharing-and scooter sharing services, which do not require a docking station to operate and may be electric-assist vehicles (E-bikes and E-scooters), have the potential to offer the same benefits as bike sharing, and may offer additional mobility benefits for the public, including larger, more equitable service areas and accommodation for riders with a greater range of physical abilities; and
WHEREAS, the Energy and Climate Action Plan (Resolution No. 84126 C.M.S.) calls for a 36% reduction in greenhouse gas emissions and 20% reduction in vehicle-miles traveled from 2005 levels by 2020; and
WHEREAS, the City of Oakland, through its "Alternative Modes Policy" (Resolution No.73036 C.M.S.) supports transportation alternatives to private, single-occupant vehicles; and
WHEREAS, the City of Oakland applied for Transportation Fund for Clean Air funding and received $660,616.00 for the Oakland Bike Share Program; and
WHEREAS, the City of Oakland adopted a Bike Sharing Policy (Resolution No. 85715 C.M.S.) which calls for the implementation of a bike sharing program that facilitates the “last mile” of transit trips and non-auto short trips; and
WHEREAS, the City of Oakland has the authority, pursuant to City Charter Article I, to amend the Municipal Code to amend the Master Fee Schedule to include permit fees for dockless bike sharing and scooter sharing operations; and
WHEREAS, unregulated, unpermitted shared-use bicycles and scooters proliferating in our community can cause problems, including impeding the public right of way, lack of accountability for improper use and placement, and can cause tripping hazards, and
WHEREAS, effective and responsible regulation can help ensure that these new services can provide improved mobility options for the public, while also incentivizing appropriate placement and responsible behavior, and local jobs and accountability; now, therefore
1 THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
Section 1. Exhibit A. Changes to Ordinance No. XXXXX C.M.S. (The FY 2018-19 Master Fee Schedule, or "MFS”), adding fees for services and permits in support of dockless bicycle share and scooter share operations.
Section 2. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
Section 3. CEQA Determination. This ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15301 (existing facilities), and 15061(b) (3) (no significant effect on the environment).
Section 4. Effective Date. This Ordinance shall be effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption by the City Council.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, CAMPBELL WASHINGTON, GALLO, GIBSON MCELHANEY, GUILLEN, KALB, KAPLAN, AND PRESIDENT REID NOES-
ABSENT-
ABSTENTION- ATTEST: LaTonda Simmons City Clerk and Clerk of the Council of the City of Oakland, California
DATE OF ATTESTATION:
2 NOTICE AND DIGEST
ORDINANCE AMENDING ORDINANCE NUMBER XXXX>( (FISCAL YEAR 2018- 2019 MASTER FEE SCHEDULE) ESTABLISHING FEES FOR THE NEW DOCKLESS BIKE AND SCOOTER SHARE PERMITS
Ordinance creating the fees for services and permits in support of shared mobility services featuring dockless bikes and: scooters, including electric-assist bike- and scooters (e-bikes and e-scooters) that operate and park in the public right of way.
3 Exhibit A Proposed Changes to Ordinance Number XXXXX C.M.S. The FY 2018-19 Master Fee Schedule Items that are underlined are insertions, items that appear in strikeout are deletions
FEE UNIT INFRASTRUCTURE & OPERATIONS ENGINEERING A. PATH VACATION 5,154.00 Proceeding B. STREET VACATION 1 Summary Vacation 4.980.00 Street 2 General Vacation 5.154.00 Street 3 Notifications 1.060.00 Block C. EASEMENT - DEDICATION OR VACATION 1 City Council Action 4.980.00 Easement 2 City Engineer Action 2.564.00 Easement 3 Shared Access Engineering Review 1.804.00 Easement D. CERTIFICATE OF COMPLIANCE 1 For Work Through Six Hours 1,311.00 Certificate 2 For Work After Six Hours 190.00 Hour or Fraction of E. ENCROACHMENT IN THE PUBLIC RIGHT OF WAY OR PUBLIC EASEMENT 1 City Engineer Action a. New encroachment 1.781.00 Permit b. Existing Encroachment 3.176.00 Permit c. Private Party bike rack installation, in 74.00 Permit accordance with City design process d. New Bike Share Station Encroachment 1,781.00 Permit e. Encroachment for R3 Occupancy 1.781.00 Permit f. Amendment or Recession 1.084.00 Permit g. New Dockless Bike Share or Scooter Share 5.343.00 Application Master Encroachment Jl. Annual dockless shared vehicle 15.00 Permit i. Confiscation of dockless shared vehicle 25.00 Vehicle Storage of dockless shared vehicle 10.00 Day 2 City Council Action 4,980.00 Permit 8/16/18, BPAC Agenda, Item #8 Attachment
Three-month agenda look-ahead
September OakDOT project map Bi-annual paving update BPAC commissioner appointment recommendations BPAC bylaws update report
October Downtown Oakland Specific Plan (tentative) Bi-annual bikeway projects status (tentative, if time available)
November BART bike stations update Measure KK implementation in FY2017-18 Open Forum Committee report
Commissioner announcements None
Staff announcements (1) The City’s Bicycle & Pedestrian Program submitted an application to the League of American Bicyclists to renew Oakland’s status as a Bicycle Friendly Community. Oakland originally applied in 2010 and was awarded at the Bronze level. Oakland renewed in 2014 and was awarded at the Silver level. Each award is valid for four years, and thus the current application in 2018. Staff thanks members of the advocacy community and the broader bicycling community for contributing information to this lengthy application.
Active BPAC Committees/Task Forces/Liaisons Date Type Committee Details Commissioners / Other members convened Commissioners Naylor, Tabata; Advise staff on bike plan Task Force Bike Plan Advisory 10/19/17 community members Chris Hwang, elements Chris Kintner, Matt Ward Commissioners Tabata, Burnette Jr, Review infrastructure Committee Infrastructure 2/16/17 and community members Robert plans and grant updates Prinz and Phoenix Mangrum Review Open Forum Open Forum Commissioners Kidd, Tabata, Committee 3/17/16 responses and respond to Responses Villalobos them Conduct research and Commissioners Kidd, Naylor, policy recommendations Parreiras, Wheeler. Community Committee Legislative 6/21/18 in conjunction with City members Chris Kintner and Phoenix staff for Council Mangrum consideration to connect with the Measure KK Liaison 5/17/18 Commission as items are Campbell; Parreiras (substitute) Oversight relevant Mayor’s to connect with the Commission on Liaison 5/17/18 Commission as items are Naylor; Kidd (substitute) Persons with relevant Disabilities Commissioners Campbell, Villalobos, Review applications and Commissioner and Committee 7/16/18 bring recommendations Application Review Tabata. Community member Ryan to the BPAC Schuschard.
City of Santa Monica Shared Mobility Device Pilot Program Administrative Regulations
September 25, 2018
Section 1 Pilot Program Overview 1.1 Introduction The purpose of these Regulations is to permit and govern a pilot program to test the deployment and use of shared mobility services within the City of Santa Monica. City Council directed City staff to develop a Shared Mobility Device Pilot Program (Pilot Program). On June 26, 2018 City Council adopted Ordinance 2578 and gave staff direction to proceed with the implementation of the Pilot Program to forge a model way for regulating these new companies and technologies to protect public safety and promote community wellbeing, sustainability and equity. In order to be able to provide flexibility and quickly adapt to changing environments and industries the Pilot Program will be facilitated through these Administrative Regulations. The Administrative Regulations are subject to amendment during the Pilot Program as the City works with Operators to make data-driven decisions to deliver a safe transportation option and define effective solutions to known and identified challenges as the process evolves. Participation in the Pilot Program is granted through a request for application and selection process, and issuance of an approved Business License/Operator Permit. A key to the Pilot Program’s success would be an open and productive partnership between the City and Operators that facilitates the Operator being highly responsive to real community concerns about safety and adverse impacts on members of the public who walk, bike or drive in Santa Monica. 1.2 Pilot Program Goals and Objectives Diversify mobility options for residents, employees and visitors to Santa Monica. Protect public health and safety. Reduce sidewalk, pathway and Americans with Disabilities Act (ADA) blockages. Reduce emissions from short trips and connections to transit. Maximize user awareness of safe and legal behaviors for operating shared mobility devices. Create an enforceable framework for managing shared mobility services. Ensure use of Public Right of Way (PROW) benefits public mobility. Ensure private Operators respond to pervasive issues and service complaints.
Section 2 Definitions (a) “Director” shall mean the Director of Planning and Community Development or designee. (b) "Minimum Utilization Rate (MUR)" is minimum average number of daily rides per device that an operator must achieve in order to maintain or increase fleet size. Utilization is calculated by dividing the sum of total daily rides within the jurisdiction over a one-week period by the total devices available daily during the same timeframe. (c) “Operator(s)” shall mean any person or business entity selected by the City to participate in the Shared Mobility Device Pilot Program pursuant to SMMC Section 3.21, including employees, managers, officers, principals, directors, owners, contractors, representatives, or agents.
2
(d) “Public Right-of-Way” shall mean any public alley, parkway, public transportation path, roadway, sidewalk, or street that is owned, granted by easement, operated, or controlled by the City. (e) “Regulations” shall mean the Administrative Regulations established and recommended herein. (f) “Shared Mobility Device (Device)” shall mean any transportation device by which a person can be propelled, moved or drawn that is displayed, offered or placed for rent in any Public Area or Public Right-of-Way, except that a “Shared Mobility Device” does not include a Car Share Vehicle, as defined by Chapter 3.06 of the SMMC, a device authorized by the City Bike Share System pursuant to Chapter 3.20 of the SMMC, a taxicab as regulated in Chapter 6.49 of the SMMC, or a device operated by the Los Angeles County Metropolitan Transportation Authority. Section 3 Pilot Structure and General Terms Operators are advised that requirements that are listed as “Must,” “Shall,” or “Required” are mandatory specifications. Specifications that are listed as “Should”, “Desirable”, Preferred”, or “Advantageous”, are value added and their inclusion is desired. 3.1 Schedule The Pilot Program will last approximately 16 months, with possible amendments to SMMC Section 3.21 and the Regulations during the term of the pilot program. Formal evaluation of the Pilot Program shall begin at 9 months, and conclude with a report and recommendation to City Council on a permit system or next steps within the 16 months. Request for Applications published July 9, 2018 Bidder applications due July 27, 2018 Selection recommendations posted August 30, 2018 Pilot Program launch September 17, 2018* Pilot Program end January 2020
*Once a notice to proceed is given, selected Operators are expected to begin operations within 30 days. 3.2 Program Scope & Scale Up to four (4) Operators will be selected to operate within the administrative boundaries of the City of Santa Monica. It is desired that the Pilot Program include two e-bike and two e-scooter service options. If one operator is selected to provide both e-scooters and e-bikes, the City may decide to select fewer than four companies so long as a minimum of two e-bike and two e- scooter service options are provided. 3.3 Permitted Device Quantities The total number of Devices permitted to operate may adjust every two weeks to allow Operators to increase the size of their fleets to meet demand when needed, and to reduce the size of their fleets when they are determined underutilized. Changes to device allocations will not be considered during the first 30 days of the pilot program.
3
A Dynamic Capping system will be used to consider fleet adjustment according to the provisions below:
The total size of the City-wide device fleet shall not exceed 3,000 total Devices, with up to 1,000 e-bikes and up to 2,000 e-scooters at the launch of the program. The total number and ratio of e-bikes to e-scooters may change over the program based on utilization data from all Operators. At the launch of the program, selected Operators may deploy shared mobility devices as outlined in the Director’s Final Administrative Decision. An operator may add devices to its fleet upon request to and approval by the City when the operator can demonstrate with device and utilization data that average ridership exceeds the Minimum Utilization Rate (MUR) of three (3) rides per day for e-bikes and four (4) rides per day for e-scooters. Requests for changes will not be considered during the first 30 days to enable all operators to begin operations. When utilization falls below the prescribed MUR, Operators must remove the number of devices necessary to meet or exceed the MUR. When utilization is above the prescribed MUR, Operators may request to add devices. Each operator shall have a minimum of 250 Devices deployed in its fleet. 3.3.1 Dynamic Cap Adjustment Process Operators interested in increasing their device cap must submit a request to the City with recent and relevant supporting data that demonstrates fleet utilization levels that meet or exceed the MUR. Data from the first 30 days of the pilot program should not be used in a request for adjustment. Utilization is calculated by dividing the sum of total daily rides within the jurisdiction over a one week period by the number of total devices available daily during the same timeframe. The highest and lowest outliers may be removed from the calculation. Adjustments to the Dynamic Cap must occur according to the following process. Increase in the Number of Devices (Cap Increases):
Operator submits request to City with supporting data. City will verify data using sources like the “real time” API system. City will consider allowing fleet size increases only to the point where the estimated number of devices and utilization meets, but does not fall below, the MUR. The City shall publish a tentative adjustment decision on the City’s Pilot Program webpage along with reasons supporting the decision within five (5) business days of the request. The City will solicit public comments for two (2) business days prior to issuing a final determination. The City’s final determination shall constitute the final decision and is not subject to further administrative review. Operators must comply with the City’s established device limits. Any approved increase cannot be deployed by the operator until a Notice to Proceed has been issued. The City will issue a decision within 14 days of the request.
4
Decrease in the Number of Devices (Cap Decreases):
On a monthly basis the City will review operator utilization rates to determine if the MUR is met. If utilization is below the MUR, the City may direct Operators to reduce their fleet size such that the estimated number of devices and utilization meets the MUR. Operators must comply with required fleet reductions within 7 days. The City will take into consideration market needs, the number of devices deployed in the City, device utilization, operator performance, public safety, seasonal and environmental conditions, special events, and criteria outlined in this document in the evaluation of requests for increased devices, or required device decreases. The Annual Per Device fee must be paid for each added device prior to deployment. Annual Per Device fees for additional Devices will be prorated based upon the schedule below.
3.4 Partnership between City and Operator Pilot Program Operators must actively engage with City staff to resolve issues and to develop solutions to improve service performance throughout the duration of the Pilot Program. Operators shall be responsible for clearly communicating operational adjustments to the city, promptly responding to city inquiries and requests, addressing public complaints, and resolving any operational issues that may arise. Operators will be evaluated by the City on their commitment to customer service. Each selected operator shall assign a program liaison for the duration of the Pilot Program and supply the City with that person’s contact information at the pilot launch. An organizational chart of the operator’s team, including contact information must be provided. The assigned liaison shall be available to promptly respond to City staff during the hours 7am-10pm daily. The liaison may identify an off-hours alternate, or reassignment with at least 5 days notice to the City.
3.5 Permitting Fees There is no application fee for participation in the Shared Mobility Pilot Program. Selected Operators must pay an Operator Fee for participation in the Program of $20,000 per year, as well as a Per Device Fee of $130 per year for each of its shared mobility devices. Pursuant to Council Resolution 11134 adopted on August 28, 2018, operators must pay a daily PROW use fee of $1/device/day, which will be billed monthly at the beginning of the month. Operators must comply with applicable business licensing permits and fees.
Permit Current Fee* Annual Operator Fee $20,000 Per Operator Annual Device Charge $130 per Device Business License Minimum Tax $75 cASP State Mandated Fee** $4 Public Right-of-Way Fee $1/device/day *Fees are adjusted annually by a cost of living factor and take effect July 1st of each year. **Small business and non-profit exemptions exist. Speak with the Business License unit for more information.
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The table above summarizes the general fees and business license taxes for new applicants. Additional fees and assessments may apply. Successful applicants will be classified under the “Services” classification as defined in SMMC 6.08.150. Operators must be in compliance and in good standing with payments of taxes, fees and citations or their permit may be revoked. The City reserves the right to amend these fees to ensure cost recovery and facilitate program development. 3.5.1 Payment procedures An operator must pay all applicable program fees prior to their launch date. The Per Device Fee must be paid prior to the deployment of any devices, and any additions. Failure to pay applicable fees could make the operator subject to revocation or suspension of participation in the Pilot Program. The Operator and Device fees and fines must be paid in full at the start of the Pilot Program. Per Device Fees for additions during the Pilot will be prorated, based on the schedule below. The City will not issue a Device fee refund for devices that are required to be removed from deployment. The prorated schedule is:
Month of Fee Payment Per Device Fee September 130.00 October 119.17 November 108.33 December 97.50 January 86.67 February 75.83 March 65.00 April 54.17 May 43.33 June 32.50 July 21.67 August 10.83
3.6 Contingency Plan In the event an Operator is no longer willing or able to operate within the City, the Operator must provide the City with written notice, at least 14 days in advance of it ceasing operations in the City. Once the Operator ceases operations, it must immediately surrender its permits to the City, and remove all of its devices and associated equipment from the public right-of-way and private properties immediately.
3.7 Device Specifications Devices deployed in the City must meet the definition of a Shared Mobility Device as defined in Section 2 of the Regulations and Section 3.21.020(f) of the Ordinance. E-bikes shall meet the safety standards outlined in the International Standardization Organization (ISO) 43.150 - Cycles, as well as the standards outlined in 15 USC Section 2085,
6 and Code of Federal Regulations Title 16, Chapter II, Subchapter C, Part 1512 - Requirements for Bicycles. In addition, all bicycles shall meet the standards established in CVC section 21201, including for lighting during operation in darkness. Electric-assist bicycles shall be "Class 1" or "Class 2" electric bicycles only, as defined in California Vehicle Code (CVC) Section 312.5. Motorized shared mobility scooters must comply with and come within the meaning of devices defined in CVC Section 407.5 (a) CVC and must meet specifications set forth in CVC Sections 21220 – 21235, including but not limited to specifications for brakes, reflectors, and lighting, and all other federal, state, and local requirements applicable to safe operation of motorized scooters. Each Shared Mobility Device must be properly maintained and meet the following minimum criteria:
Designed to withstand the demands of outdoor and shared use Highly durable; theft and vandal resistant Safe, comfortable and easy to use by a wide range of users, and in the case of bicycles, include an adjustable seat Durable brakes Warning bell Security hardware Front light that emits white light and a rear red light Safety information clearly posted on each device legible from a distance of 3 feet Display customer service contact information legible from a distance of 3 feet Display a clearly visibly unique device identification number, for example a device number visible from a distance of at least 10 feet Maximum speed of 15mph or less for scooters, and 20mph for e-bikes Non-combustion engine
It is preferred that operators provide: Use of proprietary parts to deter equipment theft and vandalism. Some three-wheel scooter devices for stability-impaired individuals.
3.8 Device Technology Devices must offer state-of-the art shared mobility technology. Operators must provide the necessary technology to track devices, determine device utilization, enhance customer service, and to educate users about safe riding and the rules of the road. At a minimum, each device must provide the necessary technology to provide real-time location tracking and recorded trip origin and destination. Devices must be capable of location-based speed regulation and parking restriction.
In areas identified by the City in Attachment A, devices must be capable of being automatically controlled to a maximum of 5mph or safely cease operation, and limiting ride end or ride begin features in order to regulate parking behavior.
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Devices must have GPS equipment that provides the locational accuracy needed to virtually designate a "hub" or “station” system for device parking, to track trip path, to restrict speed in designated areas. Devices should be able to implement enforcement mechanisms that can recognize and prohibit sidewalk riding.
RFID and/or NFC technology that enables users to rent bicycles from mobile devices, access cards, or other similar device is preferred.
3.9 System Design & Distribution Operators must have a system operations strategy that provides an equitable distribution of devices, which ensures devices are available and accessible throughout neighborhoods, commercial areas, and key destinations citywide. Operations must also limit the excessive concentration of devices in congested areas. Adequate ground operations must be provided to ensure the safe, accessible and responsible placement of Shared Mobility Devices. Operators must communicate their strategy for the deployment of devices to the City.
The System design must: Identify equitable device deployment locations that adequately distributes Shared Mobility Devices and minimizes over-concentrations in high demand locations like the Downtown. Limit the number of devices in the City’s Downtown District to 1/3 of the operator’s total devices.
Operators must implement parking confirmation and notification systems to reduce poor parking behavior. Operators must work with the City to create systems for chargers and users to utilize designated parking areas in the public right of way using a geofence or equivalent technology. Users must be informed, directed and should be incentivized by the Operator to return equipment to those predesignated deployment locations or drop zones. Operators must provide staff or other contracted services to constantly rebalance the distribution of devices throughout the day to achieve an equitable distribution of devices. Operators must implement system-wide location-based speed reduction strategies in designated areas of the City and for special events such as COAST and LA Marathon. Areas with location-based speed reduction include the Beach Path, Promenade, and public parks and are created to notify users of the prohibition of use in those areas and increase compliance with the prohibition. Speed reduction in other areas might be required in other areas for special events.
3.10 Deployment and System Operations (See Exhibit A: Deployment Map). Use of public sidewalks must not a) adversely affect the streets or sidewalks, b) inhibit pedestrian movement, or c) create conditions which are a threat to public safety and security. Parking standards for device deployment include:
Devices must be upright when deployed.
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Devices must be deployed in the part of the sidewalk adjacent to the roadway curb (so long as 48-inches of pedestrian clear zone is maintained), at a public bike rack, or other locations consistent with the local laws and regulations. Devices must not be deployed within: Ocean Front Walk, the beach or beach bike-path, beach parking lots, Third Street Promenade, the Pier or Pier Bridge, public parks, and the waiting, loading and unloading areas of transit stops. Devices must not be deployed in a manner that violates ADA accessibility requirements or impedes ADA access. No device shall be parked in one location for more than forty-eight hours. Any device that is parked incorrectly shall be re-parked or removed by the operator within 1 hour of receiving notice between the hours of 7am and 10 pm daily. Parking standards for users include:
Unless at a bike rack or designated location, devices should not be parked on, or within: Ocean Front Walk, the Beach Bike Path, the beach or beach bike-path, beach parking lots, public parking facilities, Third Street Promenade, the Pier or Pier Bridge, Palisades Park, public parks or the waiting, loading and unloading areas of transit stops. No device shall be parked in one location for more than forty-eight hours. Any device that is parked incorrectly shall be re-parked or removed by the operator within 1 hour of receiving notice between the hours of 7 am – 10pm daily. Devices parked immediately adjacent to or within a transit stop, immediate waiting/loading/unloading zone, loading zone, accessible parking zone or other facilities specifically designated for handicap accessibility, fire hydrant, curb ramp, entryway, driveway, or parklet, can be considered an immediate hazard or obstruction and are subject to impoundment pursuant to Santa Monica Municipal Code Chapter 3.21. Operators are responsible for securing approval from private property owners for all use of private property. Operators are responsible for resolving all shared mobility device issues with private property owners. Operators shall create systems that maximize behavior of users to park in appropriate locations, including parking confirmation photo verification systems, parking rating, parking reporting systems and creating geofenced no-start or no-end ride zones as set forth in Attachment A. Systems could include, but are not limited to, education/information, incentives and penalties. Operator must educate customers on how to appropriately park devices at the time of each rental. Operators are encouraged to provide clear and specific parking information during every ride through in-app messaging, video or virtual reality features. Messages should inform users that improper parking puts others at risk. Operators should develop systems to review and link users to violations. Operators should provide incentives for encouraging proper parking.
Operators must deploy staff teams between the hours of 7 am – 10 pm daily to address field conditions including, but not limited to, inappropriate parking, excessive sidewalk clutter, devices knocked over, unsafe conditions, and blocked passageways.
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3.11 Maintenance Operator must be able to ensure that all devices in their fleet are in good working order, clean and safe to operate for a wide range of users. 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. A strategy for maintaining electric batteries, both for daily use and for long-term replacement. Operators must keep a record of all maintenance performed for each device, which is made available to the City upon request. Devices that are not operable must be removed from the public right-of-way promptly, including inoperability due to insufficient battery power, 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 1 hour of notification.
3.12 Customer Service Operators must provide customer service enabling members of the public to ask questions, report damaged devices or improper parking, request refunds, or otherwise receive support. Operators must prominently display customer service contact information on the device including but not limited to telephone number, email address, and website location on each device. Prominent display must include easily visible placement and a text size that is easily readable from a distance of at least 3 feet. The operator must provide a Public Safety Hotline to allow City personnel direct contact with Operators 24 hours a day for emergencies and device relocation, with a response time of 2 hours or less. Customer service must be responsive to community complaints and feedback, and should:
Coordinate with the City to develop a process to report issues and concerns. Allow users to submit notifications on device or system operations issues. Strive to use technology to reduce all customer service response times. It is preferred that the operator provide additional customer support and service mechanisms (e.g.: mobile applications like Twitter, texting, websites like Nextdoor, phone number) and hours of service. Customer support must be available 7am - 10pm daily. Service in multiple languages, especially Spanish, is preferred. It is preferred that the operator establish a separate public safety reporting and response system. It is preferred that Operators use a city-integrated “active ticket resolver” system for customer service delivery or that the City receives auto copies of all complaints to the operator.
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3.13 Events and Emergencies Operators must be prepared to work with the City in the case of emergencies or special events to prioritize the safety of users and respond to municipal concerns. Operators may be asked to participate in a plan for special event operations. For example, Operators shall be prepared to work with the City on modified operations during the annual Coast open street event, or other large events, by adjusting deployment plans, providing additional operations staff, relocating parking, modifying customer access, and informing users about system changes. Operators must cooperate with public safety personnel in the case of emergencies, and comply with agreed upon operations plans for special events. Operators are expected to proactively communicate with users during events and emergencies. Access to real time device data must be provided to the City public safety personnel during emergencies and requested events.
For devices on public property, the City may require the Operator to temporarily move devices to a nearby location if the approved location needs to be used for emergency, event, construction, or public purposes. Devices may also be moved by City for these purposes.
3.14 Multimodal Connections 3.14.1 Multi-modal Interoperability The City prefers a connected shared mobility system that increases the accessibility of other modes of transportation and builds upon a cohesive regional transportation network. Operators that provide a system that can interact with other modes of transportation, such as public transit, car sharing services, ride hailing services, and existing bike share services, are preferred. 3.14.2 Interaction with Multi-modal Transportation Systems Operators are required to work in a cooperative manner with the existing and emerging multi modal transportation systems. This includes, but is not limited to, car sharing services, Big Blue Bus, Metro, and other bike sharing systems, such as the Breeze Bike Share System. A map of the city including existing bike infrastructure, must be provided to users for enhanced navigation.
3.15 User Engagement Operators must to engage with users to protect the safety of customers and all roadway users. Engagements should include virtual (online, video, and other digital media), physical and in- person methods. Regular, repeated, and interactive engagement is strongly encouraged, as well as use of effective and creative methods of reaching people. This engagement should consider the needs and concerns of customers as well as non-users of the system. Engagement should reflect values consistent with the community, including but not limited to, safety, civic/civil engagement, mobility options, sustainability and wellbeing, and encourage behaviors consistent with those values.
Operators of shared scooter systems must implement a driver’s license validation system to ensure compliance with California State law. The system must include periodic re-validation, and a method for performing driver’s license validation on any users that signed up prior to the validation system being in operation.
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3.15.1 Helmets Every person operating a Device must be informed about protective headgear requirements at the time of rental. The system should remind users regularly that helmet use is required. Operators must provide a helmet to users at the time of rental or offer a similarly effective alternate approach for distribution. Operator should seek partnerships with local businesses and organizations to make helmets easily available to users. To reduce waste, opportunities to reuse helmets is preferred. Operator must provide regular, creative and effective outreach to educate users on helmet laws through means such as street teams, ambassadors, print media and social media. It is preferred that the operator provide marketing and information to the community at large regarding helmet use as part of overall roadway safety practices. 3.15.2 Education
General Approach – Education and outreach should be oriented to the community at large to reach both users and non-users of the system. Engagements should include virtual (online, video, and other digital media), physical and in-person methods. Regular, repeated, and interactive engagement is strongly encouraged, as well as use of effective and creative methods of reaching people. This engagement should consider the needs and concerns of customers as well as non-users of the system.
Operators must educate users about safety rules and regulations at the time of sign-up and before every ride. Information provided should inform riders of how to operate the device safely and that they are required to:
Obey all applicable California Vehicle Code requirements; Wear helmets; Stay off sidewalks; Ride in a manner that is safe and courteous to others; Park in appropriate locations; and Pay associated penalties for violation of any of the above.
This information should be provided in an interactive format, using images or video as well as text. A knowledge confirmation tool, such as a customer safety and parking test, must be implemented. Software must regularly inform and educate users on rules such as traffic and parking laws, the cost of fines, and staying off of sidewalks. Additional in app notification should be provided for peak events and during peak use periods. Customer service information should also be provided.
Each shared mobility device must clearly post safety information on the device. Safety information should include requirements to wear a helmet and obey all traffic signs and rules, including not riding on sidewalks. Safety information should be printed in sizable, legible print or graphics.
Operators must regularly deploy ambassadors and/or street teams to inform users on safety and appropriate device use (including parking). The number of people, hours and general
12 location of engagement must be communicated to the City. Operators should share information from this outreach to inform problem-solving efforts among the City and operators. Operators should host monthly events, classes, rides or other publicly-available means to inform and educate people. Hosting these more frequently than monthly is preferred. 3.15.3 Equitable Access In addition to equitable device distribution discussed in earlier sections, it is desirable that Operators offer a means of accessing devices that do not require the use of a smartphone and/or access to a credit or debit card. It is desirable that Operators establish low-income qualified rates, and provide a system for user sign up and payment that enables easy use of the reduced rates. Operators must offer incentives such as education, outreach and payment plans for low-income or other disadvantaged users is strongly encouraged.
3.16 Data Sharing & Reporting Operators must provide accurate data through a publicly accessible Application Programming Interface (API) that meets the requirements of the General Bikeshare Feed Specification (https://github.com/NABSA/gbfs). It is desirable that Operators make the API endpoint available to the public for viewing data, querying data, and mapping. The Operator should not change the API URL without notifying the City with at least 30 days' notice.
3.16.1 Mobility Data Specification ("Specification") Operators shall provide a City-accessible Application Programming Interface (API) that provides the data outlined within, and meets the Specification of, the City of Los Angeles Mobility Data Specification (Mobility Data Specification) as published online at http://github.com/CityOfLosAngeles/mobilitv-data-specification.
The City may, in its sole discretion, release subsequent versions and/or updated versions of the Specification and require operator to use the most current version by releasing an automatic update and/or disabling support for the previous version.
The City is permitted to use all data the operator provides in accordance with the Mobility Data Specification, including, but not limited to, displaying real-time data and real-time device availability data to the public. The Operator may not change the API URL without notifying the City with at least 30 days' notice. Operators must provide a standardized dashboard interface to support the City in viewing data, querying data, and mapping.
Personal information must be protected by the Operator, and data should be anonymized regarding user information. Summarized program performance information in memos or updates may be shared with the public. Detailed data will be protected to the extent permitted by law.
Notwithstanding the returned results of any of the Mobility Data APIs, it shall be the sole responsibility of the Operator to comply with the City's Program requirements listed herein.
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3.16.2 Reporting Operators must provide accurate weekly summaries to the City describing customer or staff incidents, injuries, system operation, system use, reported complaints, customer service responses, and system maintenance.
A monthly dynamic cap report must be submitted to the City on the second business day of each month following the program launch to allow the City to assess and potentially adjust fleet deployment quantities. Once service quantities and usage levels are better understood, the City may elect to extend the dynamic cap reporting timeframes.
Operators shall assist and participate in the formal evaluation of the Pilot Program, including provision of data and information to inform subsequent City ordinances and programs.
3.16.3 System Reports Anonymized data reports to the City are required weekly for the following municipal-level data:
Total users in system by month Trip number by day, week and month Detailed, aggregate trip origin/destination information Trip length and time Hourly fleet utilization with trip origin or destination in Santa Monica and within the Downtown area* Hourly device quantities within Santa Monica and within the Downtown area*
The City may elect to adjust the reporting timeframes in its sole and complete discretion.
3.16.4 Surveys Operators shall survey users within the first 3 months, and every 6 months subsequently to provide information to the City for future planning, including asking users what mode of transportation was replaced for the use of a shared mobility device. Survey questions shall be consistent among Operators and determined in coordination with the City. 3.16.5 Use of Data Operators are 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 Operators do not resell users’ personally identifiable information. If the Operator engages in such a practice, then it is required 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. Auto renewal billing procedures should comply with state and federal laws and regulations. 3.16.6 Data Security Operators must protect users’ personal information. Finance transactions must be secure and PCI compliant. Operators should provide their most recent 3rd party PCI audits to the City quarterly. Personal data should be protected using industry accepted encryption, and customer permission should be sought before sharing data with a third party.
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3.17 General Requirements 3.17.1 Maintenance of Insurance, Indemnification and Permits Operators are required to obtain and maintain the following during the Pilot Program: Valid Insurance and Indemnification Agreement with the City of Santa Monica as set forth in Exhibit B Operators permit 3.17.2 User Release Operators must include release language, consistent with the language below, in their system’s user sign-up process, and each rider registered in the system must affirmatively sign or check a box within the application notating consent to the release. For and in consideration of rental and use of the [Bike, Scooter], rider, for himself or herself and on behalf of rider’s heirs, executors, administrators and assigns, forever releases and relinquishes and discharges the City of Santa Monica and its elected and appointed officials, officers, employees, agents, contractors, and volunteers (Collectively, the “City”) 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 e-bikes, scooter, or the Operator’s website, including any and all claims related to the sole or partial negligence of the City or any other party. Rider herby expressly waives any claims against the City which rider does not know or suspect to exist in his or her favor at the time of renting an e-bike or scooter, and expressly waivers rider’s rights under any statues that purport to preserve rider’s unknown claims. 3.17.3 Compliance with Applicable Laws Operators must abide by all otherwise applicable federal, state, and local laws. 3.17.4 Regulation Subject to Amendment These Administrative Regulations may be amended from time to time by the City. Such amended Regulations shall become immediately effective upon publication at the City’s Mobility Website, located at https://www.smgov.net/SharedMobility, unless otherwise specified. 3.17.5 Selection Committee Secretary The Selection Committee will include a secretary who shall not be a voting member of the committee, but may be in attendance during committee meetings. The Acting Chief Mobility Officer / Assistant Director of Planning and Community Development shall serve as the secretary for the committee. The primary responsibility of the secretary is to provide administrative support during the selection process, and assist in ensuring that the process is carried out in a manner consistent with all applicable laws and regulations.
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Section 4 Pilot Program Monitoring and Enforcement 4.1 Adjustment Procedures Per SMMC Ordinance 2578 the Director or designee has the authority to phase in or adjust any elements of the Program and these Regulations over time in order to meet the program purpose outlined in the Ordinance. Selected Operators will immediately be notified of Program and Regulation adjustments. Operators will be expected to comply with new Regulations within four calendar days, unless otherwise identified in the adjusted Regulations. 4.2 Enforcement Procedures The Shared Mobility Enforcement Program is designed to promote and achieve compliance with local law and the Program guidelines. The enforcement program with typically include an escalated enforcement strategy that in most cases will begin with a written warning/advisement to comply without being subjected to fines/penalties. In some cases, depending on the nature of the violation, enforcement could begin with the imposition of fines/penalties in accordance with local law however the enforcement program is intended to work with the responsible party(ies) to gain voluntary compliance. Enforcement will be balanced and fairly applied. In the event that a permit is revoked, suspended or denied, operator must immediately remove all devices and any associated equipment from the public right-of-way and participating private properties.
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Exhibit A: Deployment Map
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Exhibit B: Indemnification and Insurance Agreement INDEMNIFICATION AND INSURANCE AGREEMENT
This Indemnification and Insurance Agreement (“Agreement”) is entered into on ______, 2018, by and between the CITY OF SANTA MONICA, a municipal corporation (“City”) and ______(“Operator”).
R E C I T A L S
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. Operator is qualified to do business, and is doing business, in the State of California. Pursuant to Santa Monica Municipal Code Section 3.21 (“Shared Mobility Device Pilot Program” or “Pilot Program”), City’s Director of Planning and Community Development selected Operator to receive a Shared Mobility Permit Operator Permit (“Permit”) authorizing the deployment of a Shared Mobility Device within the City.
C. Under Santa Monica Municipal Code Sections 3.21.070(a) and (b), Operator’s participation in the Pilot Program and the issuance of the Permit is contingent on Operator executing an indemnification agreement and maintaining insurance coverage limits as determined by the City’s Risk Manager.
D. City and Operator desire to enter into this Agreement upon the terms and conditions set forth below.
NOW, THERFORE, it is mutually agreed by and between the undersigned parties as follows:
1. AGREEMENT TO INDEMNIFY, DEFEND AND HOLD HARMLESS. Operator agrees to defend, indemnify, and hold harmless the City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgments, demands, and defense costs (including, without limitation, actual, direct, out-of-pocket costs and expenses, and amounts paid in compromise, settlement, or judgment, and reasonable legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of, in connection with, or which are in any way related to, the City’s issuance of or decision to approve an Operator Permit, the process used by the City in making decisions, Operator’s participation in the Shared Mobility Device Pilot Program, the Operator’s (including its officers, managers, employees, contractors, agents, and volunteers) business conduct and operations, any violation of any laws by the Operator (including its officers, managers, employees, contractors, agents, and volunteers) or its users, or any bodily injury including death or damage to property arising out of or in connection with any use, misuse, placement or mis-placement of any of the Operator’s device or equipment by any person, except such loss or damage which was caused by the sole willful misconduct of the
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City. Operator will conduct all defenses at its sole cost and expense, and City shall reasonably approve selection of the counsel to represent City as proposed by Operator. This indemnity shall apply to all claims and liability regardless of whether any insurance policies of the Operator, its affiliates or any other parties are applicable thereto. The policy limits of any insurance of Operator, its affiliates or other parties are not a limitation upon the obligation of Operator, including without limitation, the amount of indemnification to be provided by Operator. The provisions of this section shall survive the termination of this Agreement.
2. INSURANCE. Operator agrees that, at no cost or expense to the City, at all times during the Operator’s participation in the Pilot Program, Operator will maintain the insurance coverage set forth in Exhibit “A” to this Agreement.
3. AMENDMENT/INTERPRETATION OF THIS AGREEMENT. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions.
4. SECTION HEADINGS. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose.
5. WAIVER. No waiver of any of the provisions of this Agreement shall be binding unless in the form of a writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.
6. SEVERABILITY AND GOVERNING LAW. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California.
7. NOTICES. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows:
If to Operator:
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If to City:
City of Santa Monica, Mobility Division 1685 Main Street Room 115 Santa Monica, CA 90401
With a copy to:
Santa Monica City Attorney’s Office 1685 Main Street. Third Floor Santa Monica, CA 90401 Attention Lane Dilg, City Attorney
8. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument.
9. EFFECTIVE DATE. This Agreement will be effective as of the date of the signature of City’s representative as indicated below in City’s signature block.
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
CITY OF SANTA MONICA, ATTEST: a municipal corporation
______DENISE ANDERSON-WARREN By: ______City Clerk RICK COLE City Manager
APPROVED AS TO FORM:
______LANE DILG City Attorney OPERATOR
By: ______
Name: ______
Title: ______
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Exhibit A Insurance Requirements
Operator shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Operator, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $5,000,000 per occurrence and no annual aggregate.
2. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
If the Operator maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Operator. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Operator’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Operator’s insurance and shall not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
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d. Waiver of Subrogation: Operator hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Operator may acquire against the City of Santa Monica by virtue of payment of any loss. Operator agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Operator, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Operator to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the name insured or the City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Operator shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before the permit is issued. However, failure to obtain required documents prior to the permit issuance shall not waive the Operator’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Operator, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Operator resulting from said breach.
22
Free-Floating Bike Share Program
Permit Requirements for the 2018-2019 permit year
Version 2.0 – August 8, 2018 Free-Floating Bike Share Program FINAL Permit Requirements – August 8, 2018
Contents Permit 2.0: An Overview ...... 2 Permit Requirements ...... 8 Introduction and Goals ...... 8 General ...... 8 Equipment and Safety ...... 12 Parking ...... 17 Operations ...... 21 Data Sharing ...... 27 Compliance and Enforcement ...... 31 Application and Fees ...... 36 Appendix A: Indemnity Agreement ...... 40 Appendix B: Insurance Requirements...... 43 Appendix C: Surety Bond Form ...... 45 Appendix D: Equity Focus Areas ...... 48 Appendix E: Data Tables ...... 49 Appendix F: Application Evaluation ...... 55 Appendix G: Vendor Signature Page ...... 59
Page 1 Free-Floating Bike Share Program FINAL Permit Requirements – August 8, 2018 Permit 2.0: An Overview
Seattle’s free-floating bike share pilot program, the first in the nation, pioneered a new mobility option for cities nationwide. One year later, we’re the first U.S. city to apply the lessons we’ve learned to a new, ongoing regulatory structure: the 2018-2019 Free-Floating Bike Share Program Permit Requirements. This overview outlines the elements of this new program and provides citations to the permit requirements. It does not add to or modify the permit requirements.
Goals We look to SDOT’s mission, vision, and values to guide this program. We also draw from the goals of our Transportation Equity Program and the strategies our New Mobility Playbook sets out for managing emerging mobility services. The permit requirements establish additional program- specific goals for the next permit year. These goals are one lens we’ll use in our competitive application process to evaluate vendors’ permit applications.
General During our pilot evaluation, we identified the importance of clearly defining all terms and using them consistently. Some of these terms have already been defined in existing state law and city code. We have created several others tailored to the needs of a free-floating program (G2).
Permits issued for this program last up to one year before the vendor must apply for renewal (G3). Permits cannot be transferred or shared among vendors (G4). The vendor must indemnify the city, maintain insurance, and take out a surety bond on the City’s behalf (G5, G6, G7). Vendors must reimburse the City for all costs we incur dealing with noncompliance (G8).
Vendors may not deploy in Seattle without a permit. We won’t restrict intercity trips, but vendors not permitted in Seattle need to retrieve bicycles and other devices their riders leave in the City (G9).
Vendor Plans This year, we’re asking the vendors to think proactively about how they can meet our program goals. In three key areas—parking and fleet management (P7), rider education (O6.2), and equity (O7.4)— vendors must update us monthly on their progress implementing their commitments and proposed strategies (G10).
As the device sharing industry grows and evolves, developing the right regulatory structure will continue to be an iterative process. The City reserves the right to modify or supplement the permit requirements as needed to address unanticipated impacts (G11, G12).
Equipment and Safety Vendors can deploy bicycles, electric-assisted bicycles, adaptive cycles, and similar approved devices. Before a vendor deploys a new device, SDOT must review and approve the device to ensure
Permit 2.0: An Overview Page 2 Free-Floating Bike Share Program FINAL Permit Requirements – August 8, 2018 the device complies with our program goals. Electric-assisted devices cannot provide assistance beyond 15 miles per hour (ES1).
Adaptive Cycling: Two Approaches Adaptive cycles include a wide range of devices with two, three, or more wheels such as tricycles, hand-pedaled cycles, recumbent cycles where the rider leans back in a seat, tandem cycles with more than one rider, and others.
Adaptive cycles offer diverse, inclusive ways to ride and create new mobility opportunities for a wider market of riders in Seattle. Adaptive cycles offer features or configurations that make cycling possible and enjoyable for many people who have difficulty riding a conventional bike. This includes not only people who self-identify as disabled but also seniors, people with “invisible disabilities” such as joint pain and balance problems, people with temporary injuries, and many others. People who are already comfortable on a bike also benefit; depending on the day, one might want a cargo trike for grocery shopping or a tandem bike for a social ride.
Because adaptive cycling can transform how many people get around, SDOT proposes two approaches to increasing access:
Adaptive Cycling Partnerships: We’re using $50,000 of the permit fees to partner with existing providers to increase adaptive cycling access. This collaboration will help provide more recreational opportunities for adaptive cycling, particularly for people who would like individual fittings, wheelchair storage, or training in how to ride.
Adaptive Fleet Size Bonus: We’re also encouraging vendors to deploy adaptive cycles as part of their free-floating fleets. Vendors who deploy adaptive cycles receive application preference and could get a bonus of up to 1,000 extra devices. Free-floating devices provide new recreation and transportation for many people and can be especially helpful for people who have an invisible disability or who just want a third wheel for extra balance. (O1.5, AF2.4)
SDOT can create special pilot requirements or other rules that are appropriate for specific approved devices (ES1.4). At this time, SDOT will not approve permits for electric scooters.
To keep track of devices, we require each one to have a unique identification number and a GPS tracking unit (ES2.1, ES2.2). All devices must have a front light and rear reflector; starting March 2019, we require both front and rear lights (ES2.3). All devices need brakes and a bell (ES2.4, ES2.5).
During the pilot, all bikes were self-locking: they used a lock on the rear wheel to immobilize the device when not being rented. This year, we may see some new devices that lock to a fixed object in the right-of-way such as a bike rack. Starting in 2019, new devices cannot call the police or threaten to call police without human verification (ES2.6).
When a device is reported to be unsafe to operate, we require the vendor to suspend new rentals on the device until it can be removed or repaired. Vendors should also put devices in maintenance mode for depleted batteries or other issues (ES2.7).
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We encourage (but do not require) vendors to make their devices available for free in the event of an earthquake or other emergency if ordered by the Mayor. Vendors who agree to provide this service will receive bonus application points (ES2.8).
Vendors must post their name and contact information on all devices they deploy (ES3.1). They must also post rider education signage on each device as part of their rider education plan. All devices must inform riders of King County’s helmet law. The signage program must address yielding to pedestrians, following traffic rules, reporting maintenance problems to the vendor, and parking responsibly. We hope to see the vendors design creative, compelling signage to convey these messages (ES3.2).
In the future, as the City implements a centralized parking reporting system, vendors will be required to post its contact information on their devices (ES3.3). No advertising or sponsorships are permitted on devices (ES3.4).
Vendors must maintain their devices in good working order and must repair or remove any device that isn’t (ES4.1). Devices that are unsafe to operate must be placed in maintenance mode as soon as anyone notifies the vendor (ES4.2). We can take enforcement action against vendors who deploy devices that do not meet the equipment requirements (ES6).
Parking Based on our experience during the pilot phase, SDOT has updated and refined the parking rules. Vendors must adjust, repark, or remove improperly parked devices. Vendors must also tell riders how to park devices responsibly (P1.1).
Devices may be parked upright on hard surfaces in the landscape/furniture zone of sidewalks. If there’s no sidewalk, riders may park in a safe location that does not impede other street uses or obstruct pedestrians (P1.3, P1.4). Devices may not be parked in pedestrian clear zones, on corners, at transit stops, in loading or disabled parking zones, or blocking access to buildings, curb ramps, benches, and other street features (P1.5). Riders can park at any SDOT bike rack or corral (P1.7).
Designated Parking Areas Parking is the greatest challenge for a free-floating program. The parking rules can be tricky; many neighborhoods lack wide sidewalks. And unlike car parking, most safe parking areas aren’t labeled yet.
That’s why a portion of each vendor’s permit fees will fund a designated parking area program. We’ll designate clear, orderly device parking in key spots around town. Vendors can direct parking to these locations and use them as staging points when reparking (P2).
Our parking enforcement program will prioritize obstruction hazards. Severe obstruction hazards that affect minimum clearances required by the Americans with Disabilities Act will now receive additional enforcement attention (P1.6).
All parking rules apply to lock-to devices. Lock-to devices may be locked to bike racks but not to trees, utility poles, handrails, transit shelters, or other objects that need pedestrian access (P1.8).
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Centralized Parking Reporting It’s not always easy to keep track of whom to call when a device is misparked or broken down. And we know that most misparked bikes don’t get reported. During this permit year, we’ll be exploring options for the City (and neighboring cities) to develop a centralized parking reporting system that’ll simplify the process for everyone (O2.6).
To limit crowding in busy areas, the vendor cannot park more than 15 devices on a single block (P1.9). Devices cannot be parked on private property unless the owner or occupant consents (P1.2).
SDOT can designate special parking zones where parking is prohibited or different rules apply (P3). Vendors must remove devices riders leave at parks and transit station areas unless the vendor has an agreement with the appropriate agency (P4). Vendors must have geofencing technology to mark areas where devices are restricted (P5). Vendors must coordinate with the City to handle the deluge that accompanies game days, 4th of July fireworks, and other big events (P6).
Although SDOT has been specific about our parking requirements, it is the vendors’ responsibility to develop parking and fleet management plans that describe how they will keep sidewalks clear and maintain their devices in good working order (P7).
Operations Vendors are responsible for setting a service area indicating where riders can ride and park without penalty. Vendors deploying more than 2,500 devices must serve the entire city right away. Smaller vendors deploying electric-assisted or adaptive cycles may have additional time to ramp up (O1.1).
Fleet Size and Distribution If we award four permits at the start of the program, each vendor can have up to 5,000 devices deployed in Seattle at a time (O1.2). SDOT may reduce a vendor’s fleet size for noncompliance and increase it if things are going well (O1.3). We ask vendors to keep a minimum fleet size— 4,000 at first. Vendors who need to start smaller can still apply for City permits, and SDOT may choose to reallocate their unused fleet capacity to other vendors while they ramp up (O1.4). Vendors who deploy approved adaptive cycles receive a fleet size bonus, allowing them to deploy more devices overall than vendors who don’t offer these options (O1.5). Vendors need to make at least 10% of their devices available across three equity focus areas that had below- average bike access during the pilot (O1.6, Appendix D).
As in the pilot, vendors must respond to reports that devices are improperly parked or need maintenance. Starting this permit year, vendors are required to prioritize obstruction hazards (O2.1). Vendors must immediately suspend rentals on devices reported as unsafe to operate (O2.2). Vendors need to check up on the condition of all devices that haven’t been rented in seven days (O2.3). SDOT can designate areas the vendors must inspect regularly for broken or improperly parked devices (O2.4). The vendor must retrieve submerged and other hard-to-reach devices (O2.5).
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The vendor must provide phone, text, and email contacts for public use and acknowledge reports they receive (O3.1). The vendor also provides the City with several direct contacts (O3.2). We’ve better defined when and how the vendor receives notice of a report (O3.3).
Vendors must disclose their pricing structure to riders (O4.1). Vendors offering a mostly electric- assisted fleet must establish a reduced-fare program (O4.2). And all vendors need to provide at least one low-barrier rental method for people who don’t have a smartphone or bank account (O4.3). Vendors must maintain an operations center in King County and comply with labor laws (O5).
Rider Education and Equity It’s the vendor’s duty to inform riders how to rent, ride, and park their devices safely and conscientiously (O6.1). We require vendors to prepare and implement a rider education plan, including the vendor’s proposed device signage and strategies for overcoming knowledge and language barriers in equity focus communities (O6.2).
The vendor’s equity plan also covers a range of issues. Vendors must support eight languages by 2019 (O7.2). We ask vendors to produce marketing documents in these languages that we can distribute at mobility fairs and other events (O7.3). The vendor’s equity plan should go beyond these elements to consider the various opportunities and impacts of its services in diverse communities, including for people of color and people with disabilities (O7.4).
Bike sharing is going regional, bringing new mobility opportunities for intercity trips. Instead of requiring vendors to move “Seattle bikes” back to Seattle every night, we allow devices that meet our equipment standards to circulate freely across participating jurisdictions (O8).
Data Sharing Our data sharing structure allows SDOT to collect critical information on street use and the impacts of device sharing. Vendors will submit fleet data directly to us or to an independent data analyst (DS1.2). Vendors must report real-time data on deployments, removals, and available devices (DS1.3). We also require weekly updates of trip data. Starting in 2019, new devices must collect better trip waypoint data—a great resource for prioritizing bicycle infrastructure improvements and measuring intersection level of service for cyclists (DS1.4, Appendix E).
Vendors must keep parking report and maintenance logs. If a vendor has a good compliance record on these issues, they need only submit a summary to SDOT (DS2, DS3). Vendors must disclose any reports of collisions, injuries, or property damage (DS4). The vendor must distribute an SDOT rider survey during the permit year (DS5.2). The vendor needs to notify riders of the data it collects and reports (DS6). We can use the data to manage streets and refine the program (DS7).
Compliance and Enforcement We have refined our vendor compliance program for the next permit year. We’ll use several methods to investigate compliance. When we find a violation, we can impound devices, revoke the permit, or take other appropriate action (CE1). In many cases, we may reduce the vendor’s
Permit 2.0: An Overview Page 6 Free-Floating Bike Share Program FINAL Permit Requirements – August 8, 2018 maximum fleet size; the permit requirements include suggested fleet size reductions for different types of violations (CE1.3). We require all vendors to meet data integrity standards (CE2).
Vendors must respond to reports from the community. But since most bike problems aren’t reported, we’re measuring compliance in new ways (CE3). We’ll take a daily fleet snapshot at 5:00AM to measure how many devices each vendor has deployed in Seattle. If the vendor exceeds its maximum fleet size or doesn’t serve equity focus areas, we may take enforcement action (CE5).
Compliance Auditing This year, we will use compliance auditing tools to proactively measure and enforce vendor compliance. We and the auditors will develop procedures and sampling methods. We’ll do unannounced audits every few months for some elements, but we have the flexibility to audit more often, especially for obstruction hazards and other priority issues (CE4.1).
We’ve set baseline audit standards; no more than 30% of devices may be improperly parked and no more than 3% of devices can be an obstruction hazard. Vendors will be penalized for every audited device or cluster of devices that obstructs ADA-required access (CE4.2). We also required at least 70% of the vendor’s deployed fleet to be in good working order and available for rental at any time; less than 10% may have safety-related maintenance issues (CE4.3).
Application and Fees Permit issuance and renewal is not guaranteed. SDOT has developed a competitive application process for this permit year (AF1). In the initial round of applications, we’ll approve permits for up to four qualified vendors (AF2.1). We can accept applications again later in the permit year if needed (AF2.2). We’ll review all applications to make sure they meet the permit requirements (AF2.3). We’ll then score several elements of the vendor’s application, including the vendor’s parking, rider education, equity, and data collection plans. Vendors who will offer adaptive cycles or emergency unlocking receive bonus points (AF2.4, Appendix F).
If we approve permits for four vendors, we’ll charge each vendor a nonrefundable annual administrative fee of $250,000. This is $50 per initially permitted device. If the vendor earns a larger fleet, they won’t pay more. If we award permits to fewer than four vendors initially, we may charge fees per device (AF4.1). Here’s what these fees pay for:
Expense Amount Per Device (if 5,000 devices) Program Administration $600,000 $30 Program staff (1.5 full-time equivalent positions) $370,000 $18.50 Data analysis, repository, and portal $50,000 $2.50 Adaptive cycle share partnership (leverage community $50,000 $2.50 partnerships to increase adaptive cycling access) Equity-based outreach and engagement $50,000 $2.50 Compliance auditing $50,000 $2.50 Ongoing evaluation (survey and other work to evaluate program) $30,000 $1.50 Designated Device Parking (150-200 designated parking areas) $400,000 $20 TOTAL $1,000,000 $50
Permit 2.0: An Overview Page 7 Free-Floating Bike Share Program FINAL Permit Requirements – August 8, 2018 Free-Floating Bike Share Program Permit Requirements for the 2018-2019 permit year (Version 2.0)
Introduction and Goals Since Seattle began permitting free-floating bicycle sharing in July 2017, thousands of people have taken over a million rides on 10,000 bikes in every Seattle neighborhood and beyond. This emerging mobility service affords exciting opportunities for active, low-carbon transportation and recreation. As “bike share” evolves to include new approaches, features, and devices, the Seattle Department of Transportation (“SDOT”) will structure the Program so more people can benefit from the upsides while anticipating and protecting against potential downsides.
SDOT’s mission, vision, and values focus us on creating a safe, interconnected, vibrant, affordable, and innovative city for all. Our New Mobility Playbook describes our goals and strategies for adapting emerging mobility services to the needs of our city. Seattle’s Race and Social Justice Initiative and SDOT’s Transportation Equity Program provide further goals and guidance for SDOT’s efforts to provide safe, affordable, accessible, and environmentally sustainable transportation options for cost-burdened communities. These goals and strategies inform the Program and the permit requirements SDOT has established for the 2018-2019 permit year.
In addition to our general goals, SDOT had seven goals for the Program during the pilot. This year, we have refined those goals and added an eighth goal addressing an unmet need for all-abilities cycling opportunities. During the next permit year, Seattle’s free-floating bike share program will:
1. support an active, healthy, people-first use of Seattle’s streets; 2. ensure affordable and equitable service—particularly for cost-burdened communities of color—while expanding access to opportunities; 3. fill mobility gaps and improve connections to transit; 4. be safe and advance our Vision Zero objectives; 5. provide a low-carbon mobility option as part of Seattle’s efforts to reduce carbon emissions; 6. manage public space to ensure sidewalks are organized and free from obstructions; 7. derive insights into how people use the system, compliance issues, and targeted bike infrastructure investments with robust data partnerships; and 8. make Seattle a world leader in diverse cycling by increasing access to adaptive cycles as a recreation and mobility option.
General G1. Nature of Permit. A street use permit issued to a vendor as part of the Program allows the vendor to use or occupy SDOT right-of-way consistent with Seattle Municipal Code (“SMC”) titles 11
Introduction and Goals Page 8 Free-Floating Bike Share Program FINAL Permit Requirements – August 8, 2018 and 15 and these permit requirements by deploying bicycles, electric bicycles, tricycles, and other like personal-mobility devices for public rental.
G2. Definitions.
(a) The following terms have the definitions given in SMC 15.02.042-.046:
1. “Block face”; 2. “Corner-curb-radius area”; 3. “Driveway”; and 4. “Newsstand.”
(b) The following terms have the definitions given in SMC Chapter 11.14:
1. “Alley”; 2. “Bicycle lane”; 3. “Bus zone”; 4. “Crosswalk”; 5. “Curb markings”; 6. “Curb”; 7. “Curb ramp”; 8. “Load and unload zone”; 9. “Path”; 10. “Pedestrian”; 11. “Shuttle bus zone”; 12. “Sidewalk”; and 13. “Streetcar.”
(c) The following terms have the definitions given in Seattle Streets Illustrated as established by SDOT Director’s Rule 04-2017:
1. “Frontage zone”; 2. “Landscape/furniture zone”; 3. “Pedestrian clear zone”; 4. “Travelway”; and 5. “Walkway.”
(d) The following terms have the definitions given below:
1. “Adaptive cycle” means a human-powered or electric-assisted device, other than a conventional two-wheeled human-powered or electric-assisted bicycle, that provides active mobility opportunities to people who have difficulty riding a conventional bicycle. Adaptive cycles may include tricycles, recumbent cycles, handcycles, and tandem cycles. 2. “Available for rental” means that the device is deployed, has not been placed in a maintenance mode or remotely suspended, and can be rented using the rental methods the vendor provides. 3. “Bicycle” means a bicycle as defined in RCW 46.04.071. 4. “City” means the City of Seattle.
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5. “Deploy” means to remove a device from the vendor’s physical custody and place it in SDOT right-of-way or in another location. A device is “deployed” in a location if the device is not in the vendor’s physical custody, regardless of who moved the device in SDOT right-of-way or in another location or whether the device is being rented or is available for rent. A deployed device remains deployed until the vendor removes the device to a vendor-owned or - controlled location. Devices impounded by the City are deployed until the vendor relocates the device to a vendor-owned or -controlled location. 6. “Device” means a bicycle, electric-assisted bicycle, adaptive cycle, or other personal-mobility device the vendor deploys or proposes to deploy in the City of Seattle under these permit requirements. 7. “Electric-assisted bicycle” means an electric-assisted bicycle as defined in RCW 46.04.169. 8. “Fleet” refers collectively to all of a vendor’s devices that are deployed in SDOT right-of-way or any other location in the City of Seattle not covered by a separate permit program. 9. “Good working order” has the meaning given in Requirement ES4.1(b). 10. “Independent data analyst” means an entity SDOT designates to receive, process, and analyze the vendor’s raw data and report the results to SDOT. 11. “Maintenance mode” refers to a device’s status when the vendor has remotely suspended rentals on the device because the device is not in good working order or is unsafe to operate. 12. “Obstruction hazard” and “ADA-prohibited obstruction hazard” have the meanings given in Requirement P1.6. 13. “Park” and “parking” refer to the vendor, rider, or another person bringing a deployed device to a stop, ending any trip, and leaving the device on SDOT right-of-way or in another location in the City of Seattle not covered by a separate permit program. 14. “Program” means the Seattle Department of Transportation’s Free-Floating Bike Share Program. 15. “Program Manager” means the person or persons whom the Director of Transportation has designated to administer the Program on behalf of SDOT. 16. “Remove” means to remove a device from deployment and place it in the physical custody of the vendor. 17. “Rider” means any person who rents a device for a trip, any part of which is located within the City of Seattle. 18. “Service area” means the geographic area the vendor designates where a rider may start a trip, ride, and end the trip without incurring any warnings or penalties. 19. “Trip” refers to a rider’s rental of a device and includes: i. the initial rental and unlocking (“trip start”); ii. the rental period and the rider’s travel during that period; and iii. relinquishing the device by locking and ending the trip or leaving the device without locking it (“trip end”). 20. “Unsafe to operate” has the meaning given in Requirement ES4.2(b). 21. “Vendor” means an entity that has been granted a permit to deploy devices in the City of Seattle consistent with these permit requirements and includes the entity’s subsidiaries, employees, contractors, agents, and any other persons whom the vendor recruits or crowdsources to assist in fulfilling the vendor’s duties under these permit requirements.
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G3. Permit Term.
G3.1 Duration. A permit issued under these permit requirements is temporary and vests no permanent rights. The permit may be renewed annually, unless SDOT notifies the vendor in writing of a different renewal date.
G3.2 When Permit Ends. The vendor’s permit ends on the date the permit term expires, the date SDOT revokes the vendor’s permit under SMC 15.04.070, or the date the vendor withdraws in writing from the permit.
G3.3 Vendor’s Duties at Permit End. The vendor shall remove all devices from SDOT right-of- way and all other locations in the City not covered by a separate permit program upon notice from SDOT and before the end of the permit. The vendor shall be responsible for its devices and shall maintain its indemnification, insurance, and performance bond until it has removed all devices from SDOT right-of-way. SDOT may charge permit review fees as described in Requirement AF4.1 for the time required to close the permit.
G4. No Transfers. The permit is non-transferable. The vendor cannot transfer its rights under this permit to any other entity or individual, including subsidiaries. A prospective transferee must apply for its own permit.
G5. Indemnification. Before SDOT will issue a permit, the vendor shall sign and record an indemnity agreement as required by SMC 15.04.060. The indemnity agreement form is contained in Appendix A.
G6. Insurance. The vendor shall maintain commercial general liability insurance that meets the requirements of SMC 15.04.045 and the form contained in Appendix B.
G7. Surety Bond. (a) The vendor shall maintain a $10,000 surety bond consistent with SMC 15.04.044. The surety bond form is contained in Appendix C.
(b) SDOT may use the bond to pay costs related to removing and storing devices that do not comply with these permit requirements or that the vendor fails to remove from SDOT right-of-way under Requirement G3.3.
G8. Reimbursement for Costs. If any City department or office incurs any costs addressing or abating noncompliance with these permit requirements or repairing public property resulting from the vendor’s use of SDOT right-of-way, then the vendor shall reimburse the City no later than 30 days after the City notifies the vendor in writing of its reimbursement request.
G9. No Deployment Without Permit. No vendor or prospective vendor may deploy a device or otherwise use or occupy SDOT right-of-way without a valid permit. If a vendor or prospective vendor deploys a device without a permit, SDOT may take any action authorized by SMC chapters 15.90 and 15.91.
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G10. Vendor Plans
G10.1 Generally. The vendor shall develop and implement plans describing how the vendor will carry out its duties and commitments and meet SDOT’s Program goals and permit requirements with respect to:
1. parking and fleet management, as described in Requirement P7; 2. rider education, as described in Requirement O6.2; and 3. equity, as described in Requirement O7.4.
G10.2 Development. The plans shall describe the vendor’s strategies, each expected deliverable, and the month each deliverable will be implemented. SDOT encourages the vendor to develop and implement innovative approaches to meeting SDOT’s Program goals and permit requirements.
G10.3 Submission and Updates. The vendor shall submit the first iteration of its plans as part of its application materials described in Requirement AF3.1. The vendor shall submit an update on its plan implementation progress no later than the tenth day of each month for the duration of the permit.
G10.4 Year-End Report. The vendor shall submit a year-end report to the Program Manager 30 days before the vendor’s annual permit review date. In its report, the vendor shall describe its progress in implementing each element of the vendor’s plans and evaluate the effectiveness of each implemented element in meeting the Program’s goals and permit requirements. The year- end report shall also include the rider report described in Requirement DS5.1(c).
G11. Modifications. The Program Manager may modify these permit requirements with 30 days’ written notice to the vendor. The vendor is deemed to have accepted the modifications unless the vendor withdraws from the permit under Requirement G3.2 within 30 days of receiving notice.
G12. Supplemental Requirements. The Program Manager may establish supplemental requirements or guidance documentation that interprets or implements these permit requirements or the requirements of SMC Title 15.
G13. Comply with All Laws. The vendor shall comply with all city, county, state, and federal laws.
Equipment and Safety ES1. Devices.
ES1.1 Approval Required. (a) The vendor shall not deploy any device or device component before the Program Manager has approved its type, form, equipment, and appearance.
(b) To obtain approval, the vendor shall furnish design specifications, certifications of compliance with applicable design standards under Requirement ES1.5, and illustrative images of the device and device components that the vendor proposes to deploy. If the Program Manager requests, the vendor shall provide SDOT an opportunity to physically inspect and test-ride the same model that the vendor proposes to deploy.
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(c) The vendor’s design specifications for the proposed device or device component shall include the following information, if applicable:
1. a description of the device and its components; 2. the overall dimensions of the device with all components intact; 3. the device’s weight with all components intact; 4. the diameter of each wheel; 5. the width of each wheel and tire; 6. the distance between the centers of the front and rear wheels (“wheelbase”); 7. the device’s maximum load capacity; 8. the height of an upright device as measured from the ground to the topmost structural frame component that a rider must step over to mount the device (“standover height”); 9. the number of gears and the gear ratios; 10. the power source and recharge procedure for all electrical components, including lamps, batteries, and location tracking unit; 11. the location tracking technology, including transmission frequency, geographic accuracy, and margin of error; 12. if the device is electric-assisted, the motor wattage, maximum assisted speed, power source, operating range, and rider control mechanisms; 13. the location of any cargo-carrying component or area and the maximum cargo load; 14. the proposed location of all information the vendor is required to affix the device under Requirement ES3; 15. all specifications for which a design standard applies as described in Requirement ES1.5; 16. any other specifications the vendor or Program Manager deems relevant.
(d) The Program Manager may approve the proposed device or device component if the Program Manager determines that the device or component:
1. complies with applicable design standards, as described in Requirement ES1.5; 2. complies with equipment requirements, as described in Requirements ES2 and ES3; and 3. in the Program Manager’s discretion promotes City and Program goals.
(e) SDOT may rescind approval of a device or device component at the Program Manager’s discretion.
ES1.2 Bicycles. The vendor may deploy approved devices that meet the definition of bicycle in RCW 46.04.071.
ES1.3 Electric-Assisted Bicycles. The vendor may deploy approved devices that meet the definition of a Class 1 or Class 2 electric-assisted bicycle in RCW 46.04.169, except that an electric-assisted bicycle shall cease to provide assistance when the bicycle reaches or exceeds 15 miles per hour.
ES1.4 Other Devices. (a) The vendor may deploy approved human-powered and electric- assisted adaptive cycles, and cargo cycles, family cycles, and approved devices that do not fit the
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definition of a bicycle or electric bicycle. An electric-assisted device shall cease to provide assistance when it reaches or exceeds 15 miles per hour.
(b) The Program Manager may issue supplemental requirements as described in Requirement G12 for devices approved under Requirement ES1.4.
ES1.5 Design Standards. (a) Bicycles and electric-assisted bicycles shall comply with all applicable design standards described in the Code of Federal Regulations (“Requirements for Bicycles,” at 16 CFR § 1612) and by the International Organization for Standardization (“Cycles including their components and systems,” at ICS 43.150). Other devices shall comply with appropriate national or international design standards for that type of device.
(b) The Program Manager may approve a device or device component that deviates from applicable design standards if the vendor demonstrates to the Program Manager’s satisfaction that:
1. the proposed device or device component complies with another appropriate design standard; or 2. the proposed device or device component is comparable to a device or device component that complies with appropriate design standards.
ES2. Device Components.
ES2.1 Unique Identifier. The vendor shall affix a unique identification number at a prominent location on each device it deploys in the City of Seattle. No vendor may deploy a device in the City that has the same identification number as another device the vendor has contemporaneously deployed in the State of Washington.
ES2.2 Location Tracking. (a) All devices shall be equipped with a Global Positioning Satellite (GPS) tracker or another tracking technology mounted on the device that is capable of recording and transmitting the device’s location on demand in decimal degrees to four decimal places.
(b) All devices or device tracking components newly deployed on or after March 1, 2019 shall be capable of recording and transmitting the device’s location at the following times:
1. when the vendor deploys or removes the device; 2. when a trip begins or ends; 3. at least once every three minutes, if the device is being rented; and 4. at least once every 30 minutes, if the device is deployed and is not being rented.
ES2.3 Lamps and Reflectors. (a) All devices shall be equipped with a front white light and a rear red reflector that comply with RCW 46.61.780(1).
(b) All devices newly deployed on or after March 1, 2019 shall be equipped with a front white light and a rear red light.
ES2.4 Brakes. All devices shall be equipped with brakes that comply with RCW 46.61.780(2).
ES2.5 Bell. All devices shall be equipped with a bell, horn, or other audible signaling component.
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ES2.6 Security. Devices may self-lock or lock to a fixed object. No device or device security alert component newly deployed on or after January 1, 2019 may contact law enforcement without human verification or represent to any person that it has the capability to contact law enforcement without human verification.
ES2.7 Maintenance Mode. All devices shall be equipped with technology that allows the vendor to place the device in a maintenance mode and remotely suspend new rentals of the device when the vendor has received a report or otherwise believes the device is unsafe to operate.
ES2.8 Emergency Unlocking. SDOT encourages the vendor to participate in an emergency unlocking program element. A participating vendor agrees to make its deployed devices available free of charge if the Mayor orders the vendor to unlock the devices during a civil emergency declared under SMC 10.02.020. The City shall reimburse participating vendors for loss or damage to devices that the vendor incurs due to an emergency unlocking order as provided in SMC Chapter 10.02.
ES3. Information Affixed to Devices.
ES3.1 Vendor Contacts. The vendor shall affix its trade name and required public contact information as described in Requirement O3.1 to each device it deploys.
ES3.2 Rider Education Signage. (a) The vendor shall affix informational signage approved by the Program Manager to each device that the vendor newly deploys on SDOT right-of-way on or after January 1, 2019. The vendor shall affix the signage to the device’s front cargo basket or another location approved by the Program Manager.
(b) The rider education signage on each device shall include a statement that the law requires the rider to wear a helmet.
(c) The vendor’s rider education signage program element shall include content that addresses the following education topics:
1. yield to pedestrians; 2. follow traffic rules; 3. report maintenance problems to vendor; and 4. park responsibly.
(d) The vendor is not required to address all topics listed in Requirement ES3.2(c) on every device if the vendor’s rider education signage program element, taken as a whole, addresses all required topics to the Program Manager’s satisfaction.
(e) SDOT encourages the vendor to design legible, memorable, and creative signage content. SDOT encourages the vendor to include signage content that addresses the rider education needs of people with limited English-language proficiency.
ES3.3 Other Information. The Program Manager may require the vendor to affix one or more stickers containing regulatory or other information to a specific location on each device in the
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vendor’s fleet. The vendor shall affix the stickers to all deployed devices no later than 30 days after it receives notice.
ES3.4 Advertising. The vendor shall not affix third-party advertising, sponsorships, or sponsored content to its devices.
ES4. Maintenance
ES4.1 Good Working Order. (a) The vendor shall maintain each deployed device in good working order. The vendor shall repair or remove any device that is not in good working order.
(b) A device is in good working order if:
1. the device and all of its components, including optional components, are present and function properly; and 2. the following information is visible: i. the device’s unique identifier; ii. the vendor’s trade name and required contact information; iii. the rider education signage content; and iv. any information required under Requirement ES3.3.
ES4.2 Unsafe to Operate. (a) If the vendor receives a notice or otherwise believes that a device is unsafe to operate, the vendor shall remotely suspend rentals on the device until the vendor repairs or removes the device.
(b) A device is unsafe to operate if:
1. one or more of the components is missing or does not properly function; and 2. due to the malfunction, a rider who attempts to ride the device would be at higher risk of a fall, collision, or injury.
(c) The malfunction or absence of one or more of the following device components renders a device unsafe to operate:
1. device structural frame; 2. wheel assembly, including wheels, tires, hubs, spokes, and axles; 3. lights and reflectors; 4. brakes; 5. pedals; 6. handlebars, including their alignment; or 7. bell.
(d) SDOT presumes that malfunction or absence of one or more of the following device components does not, without more, render a device unsafe to operate:
1. baskets and cargo carriers; 2. kickstand; 3. informational signage; 4. locking mechanism;
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5. location tracker; 6. battery, if absent or if depleted but undamaged; or 7. cosmetic damage to any component.
ES4.3 Intentional Destruction. The vendor shall promptly disclose to the Program Manager any patterns of vandalism, sabotage, or other intentional destruction of its devices that render the devices unsafe to operate. The vendor shall promptly notify the Program Manager of all communication it has with law enforcement or private investigators regarding intentional destruction of its devices.
ES5. Fixed Objects. The vendor shall not install a fixed object such as a station, dock, or electric charging infrastructure in SDOT right-of-way unless the vendor has first obtained separate street use permits for installing and using the fixed object. The vendor shall consult with the Program Manager regarding the proposed fixed object before applying for the permit.
ES6. Noncompliant Devices. If anyone deploys or parks a device or installs a fixed object in SDOT right-of-way that does not comply with these permit requirements, SDOT may take any action authorized by SMC Title 15 or these permit requirements.
Parking P1. Parking Requirements
P1.1 Generally. (a) The vendor shall park devices, and shall advise riders that they shall park devices, consistent with these parking requirements.
(b) The vendor shall ensure that each device is properly and safely parked whenever it is not being rented. The vendor shall adjust, repark, or remove any device that is not parked in accordance with these requirements.
(c) If a rider parks a device in a location on SDOT right-of-way where the rider but not the vendor may park devices, the vendor may adjust the device’s parking along the block face to improve safety or access, or to reduce clutter.
P1.2 Where Allowed. (a) If partly or completely parked on SDOT right-of-way, devices shall be parked upright in one or more of the following locations:
1. on a sidewalk landscape/furniture zone, as described in Requirement P1.3; 2. in an appropriate parking location where no sidewalk is present, as described in Requirement P1.4; 3. in a designated bike share parking area, as described in Requirement P2; or 4. in a public bike rack or corral, as described in Requirement P1.7.
(b) If not parked on SDOT right-of-way, devices may be parked and locked only in a location approved by the owner, manager, or the property tenant.
P1.3 Parking on Sidewalks. Where a sidewalk is present, devices may be parked upright on hard surfaces in the furniture zone of the sidewalk. Devices shall not be parked in a manner that reduces the pedestrian clear zone to less than six feet.
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P1.4 Parking Where Sidewalk Is Absent. On block faces where no sidewalk, designated bike share parking area, or public bike rack or corral is present, a rider may park a device upright in a safe location on SDOT right-of-way where it will not impede pedestrian or vehicle travel. A vendor may not park devices on these block faces except as provided in Requirement P1.1(c).
P1.5 Parking Restrictions. Unless parked in a designated bike share parking area or in an SDOT bike rack or corral, devices shall not be parked in the following locations:
1. in the frontage zone or pedestrian clear zone of the sidewalk; 2. on a sidewalk segment where no landscape/furniture zone is present; 3. in a corner-curb-radius area; 4. less than eight feet inward from the curb or in a manner blocking access on foot or by wheelchair to the curb, if i. in a bus, streetcar, or other transit curb zone (alternating yellow and red curb markings); ii. less than 60 feet from a bus stop sign on the bus approach side; iii. in a shuttle bus zone; iv. in a taxicab stand (yellow curb markings) v. in a load and unload zone (yellow or white curb markings); or vi. in a disabled parking zone (blue curb markings); 5. in a manner that blocks access on foot or by wheelchair to: i. buildings, structures, or parcels; ii. transit facilities, including stations, shelters, passenger waiting areas, and bus layover and staging zones; iii. street features that require pedestrian access, including benches, café seating, parklets, streateries, parking pay stations, transit information signs, and crosswalk buttons; or iv. safety and disabled access features, including curb ramps, wheelchair ramps, ramp landings, handrails, areas of refuge, and detectable warning surfaces; 6. in or blocking access to crosswalks, travelways, driveways, alleys, bicycle lanes, or paths; 7. on or blocking access to an active rail line or rail crossing; 8. in a manner that hides from view or interferes with the effectiveness of an official traffic- control device or any railroad sign or signal; 9. on vegetation; and 10. in any other location where the device creates an obstruction hazard as described in Requirement P1.6.
P1.6 Obstruction Hazards; ADA-Prohibited Obstruction Hazards. (a) A parked device or cluster of devices is an obstruction hazard if parked in a manner that:
1. reduces the width of the pedestrian clear zone to less than 6 feet; 2. is restricted under Requirement P1.5(1)-(8); 3. obstructs pedestrian circulation and navigation for people with low vision or mobility difficulties; or 4. otherwise creates a safety hazard.
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(b) A parked device or cluster of devices is an ADA-prohibited obstruction hazard if parked in a manner that obstructs an accessible route or minimum clearance that the City or another entity is required to provide under Section 504 of the Americans with Disabilities Act or 36 CFR Part 1191.
P1.7 Bike Racks. A rider may park a device in any public bike rack or corral on SDOT right-of- way. The vendor shall not park a device in a public bike rack or corral that is not also a designated bike share parking area unless the device must be locked to a fixed object.
P1.8 Devices Locking to Fixed Objects. Devices that must be locked to a fixed object may be parked and locked to an SDOT bike rack or corral or another object in a manner that complies with Requirement P1. Devices shall not be locked to:
1. transit stop signs, benches, or shelters; 2. trees or vegetation; 3. fire hydrants; 4. ramp and staircase railings; 5. utility infrastructure, including poles; 6. any other use or occupation of SDOT right-of-way permitted under SMC Title 15, unless the permittee gives consent; or 7. any other location that would create an obstruction hazard.
P1.9 Block Face Density. The vendor shall not leave more than 15 of its devices parked on any single block face in the City measuring up to 1000 feet long.
P2. Designated Bike Share Parking. The Program Manager may designate locations in SDOT right- of-way where vendors and riders may park devices. The vendor shall mark the location of each designated bike share parking area in its smartphone application upon the Program Manager’s request.
P3. Special Parking Zones. The Program Manager may designate block faces or other locations in the City where devices shall not be parked (“no parking zones”) or where other parking restrictions apply. The vendor shall mark or geofence special parking zone locations in its smartphone application upon the Program Manager’s request.
P4. Other Agencies. Unless otherwise allowed to do so by the respective agency, the vendor shall not park devices, and shall remove devices that riders park, on property owned or controlled by the following agencies:
1. Seattle Department of Parks and Recreation; 2. Sound Transit; 3. King County Metro; 4. University of Washington-Seattle; 5. Washington State Ferries; and 6. any other agencies designated by the Program Manager.
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P5. Geofencing. The vendor shall demonstrate prior to permit issuance that it can employ geofencing technology to encourage, discourage, and prohibit trip ends and parking in geofenced locations. The vendor shall geofence designated bike share parking areas, special parking zones, or other locations at the Program Manager’s request.
P6. Event Parking. At SDOT’s direction, the vendor shall provide personnel and other resources as necessary to clear SDOT right-of-way of devices and manage device parking activity related to events, game days, and other temporary changes the City makes to the parking requirements.
P7. Parking and Fleet Management Plan. The vendor shall develop and implement a parking and fleet management plan in accordance with Requirement G10. The parking and fleet management plan shall describe how the vendor will:
1. ensure its staff park the devices correctly; 2. employ geofencing capabilities; 3. detect and repark improperly parked devices; 4. inspect devices to ensure they are in good working order and remove devices that are not in good working order; 5. encourage riders to park safely and conscientiously; and 6. encourage people to report safety, parking, and maintenance concerns.
Operations O1. Fleet Size and Distribution
O1.1 Service Area. (a) The vendor shall designate a service area for each device it deploys in the City of Seattle. The vendor may include locations outside the City in a device’s service area.
(b) If the vendor has not deployed a fleet of more than 2,500 devices under this permit as measured in Requirement CE5.1, then each device’s service area shall include the entire City of Seattle, except locations the Program Manager designates as no parking zones, beginning on:
1. the date the vendor’s permit is issued, if the device meets the definition of a bicycle in Requirement ES1.2 but is not an electric-assisted bicycle or adaptive cycle; or 2. March 1, 2019, if the device is an electric-assisted bicycle, is an adaptive cycle, or does not meet the definition of a bicycle in Requirement ES1.2.
(c) If the vendor has deployed a fleet of more than 2,500 devices on at least one day as measured in Requirement CE5.1, then for the duration of the permit each device’s service area shall include the entire City of Seattle, except locations the Program Manager designates as no parking zones.
O1.2 Initial Maximum Fleet Size. (a) If the initial application process described in Requirement AF2.1 results in SDOT approving permits for four vendors, then each vendor may initially have no more than 5,000 devices deployed in the City at a time.
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(b) If the initial application process results in SDOT approving permits for three or fewer vendors, then on the date of permit issuance the Program Manager shall notify the vendor in writing of the maximum number of devices the vendor may have deployed in the City at a time.
O1.3 Changes to Maximum Fleet Size. SDOT may change the vendor’s initial maximum fleet size under the following circumstances:
1. the vendor is subject to enforcement action changing its maximum fleet size, as described in Requirement CE1.3; 2. a fleet size reallocation occurs, as described in Requirement O1.4; 3. the vendor’s eligibility for an adaptive cycle fleet size bonus changes, as described in Requirement O1.5; or 4. at the Program Manager’s discretion.
O1.4 Minimum Fleet Size; Fleet Reallocation. (a) Starting 30 days after the issuance date of the vendor’s permit, each vendor shall deploy a minimum fleet size equal to or greater than 80 percent of its maximum fleet size, not including any adaptive cycle bonus allowed under Requirement O1.5.
(b) If the vendor does not deploy its minimum fleet size as measured in Requirement CE5.3, then the Program Manager may notify the vendor in writing of SDOT’s intent to reallocate the vendor’s unused fleet capacity. If the vendor does not reach and maintain its minimum fleet size within 15 days after the vendor receives the notice, then the Program Manager may temporarily or permanently reallocate all or part of the vendor’s unused fleet capacity to one or more other vendors or prospective vendors.
(c) The reallocation will be temporary if the vendor:
1. discloses in its permit application that it intends to deploy fewer devices than its minimum fleet size; 2. provides a fleet deployment schedule to the Program Manager’s satisfaction; and 3. complies with that schedule.
O1.5 Adaptive Cycle Bonus. If the vendor deploys one or more approved adaptive cycles, the Program Manager will increase the vendor’s maximum fleet size by two additional devices for each approved adaptive cycle deployed in the City up to a maximum of 1,000 additional devices if the vendor deploys 500 adaptive cycles.
O1.6 Equity Focus Areas. The vendor shall distribute no less than 10% of its deployed fleet within the geographic areas described in Appendix D. SDOT encourages the vendor to exceed this minimum.
O2. Removing and Relocating Devices
O2.1 Improperly Parked Devices. If anyone notifies the vendor that a device is improperly parked in the City and provides the device’s unique identifier or its approximate location, the vendor shall visually inspect the device and remove or repark the device if it is improperly
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parked. The vendor shall complete its inspection and correct any improper parking within the following times:
1. if the notification alleges the device is an obstruction hazard as described in Requirement P1.6 and the report was made between 6:00 AM and 11:59 PM, two hours after the vendor receives notice; 2. if the notification alleges the device is an obstruction hazard and the report was made between midnight and 5:59 AM, four hours after the vendor receives notice; or 3. if the notification does not allege the device is an obstruction hazard, 24 hours after the vendor receives notice.
O2.2 Devices Needing Maintenance. (a) If anyone notifies the vendor that a device in the City is not in good working order and provides the device’s unique identifier or its approximate location, the vendor shall visually inspect the device and shall repair or remove the device if it is not in good working order. The vendor shall complete its inspection and repair or remove the device within 24 hours after the vendor receives notice, unless a shorter time applies under Requirement O2.1.
(b) If the notification alleges or the vendor otherwise has reason to believe that a device is unsafe to operate, then the vendor shall suspend new rentals on the device immediately as described in Requirement ES4.2.
O2.3 Idle Devices. A device is idle if it has been parked in the same location in the City for more than seven days without being rented or being visually inspected by the vendor. If anyone notifies the vendor that an idle device is idle, the vendor shall inspect, repark, or remove the device no later than 48 hours after the vendor receives notice.
O2.4 Required Inspections. The Program Manager may designate one or more locations in the City that the vendor shall inspect, at a frequency specified by the Program Manager, for devices that are idle, improperly parked, or not in good working order.
O2.5 Irretrievable Devices. If hazard or lack of legal access prevent a vendor from responding within the times required in Requirements O2.1, O2.2, and O2.3, the vendor shall:
1. remove the device at the next reasonable opportunity; 2. bear the removal costs, including reimbursement for City costs; and 3. disclose the irretrievable device to the Program Manager if the vendor cannot safely and legally remove the device.
O2.6 Centralized Parking Reporting. The Program Manager may require the vendor participate in a City-supported centralized parking reporting system by advertising the system to riders and non-riders and by affixing information about the system to the vendor’s devices in accordance with Requirements ES3.2 and ES3.3.
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O3. Vendor Communication
O3.1 Public Contact Methods. (a) The vendor shall provide the following contact methods for public use:
1. a local or toll-free telephone number that connects to a live person or allows the caller to leave a message; 2. a contact number capable of receiving and responding to text messages; and 3. an email address.
(b) The vendor may provide additional contact methods such as a smartphone application.
(c) If the vendor receives a report under Requirements O2.1, O2.2, or O2.3 by any means other than a live telephone call, the vendor shall provide a callback or written acknowledgement of the report within the time the vendor is required to inspect the device.
O3.2 Contacts for City Use. (a) The vendor shall provide the Program Manager with addresses, including a postal address and an email address, to which the City will send written notices and other official correspondence.
(b) The vendor shall provide the Program Manager with telephone and email contact information and contact hours for the following personnel:
1. the vendor’s general manager for Seattle; 2. a policy development contact person; 3. a local fleet operations manager; 4. a data collection and reporting contact person; 5. a programming or equity contact person; and 6. a 24-hour contact person or persons, if different from the above.
(c) The vendor shall notify the Program Manager if any of the required contact information changes.
O3.3 Notice to Vendor. (a) The vendor is deemed to have received notice of a communication under these permit requirements when the sender transmits the communication by any of the methods the vendor provides under Requirements O3.1 and O3.2 except postal delivery and the sender does not receive prompt notification that the transmission has failed to reach the vendor.
(b) The vendor is deemed to have received notice of communication sent by the City to its postal address provided under Requirement O3.2 three calendar days after the postmark date.
O4. Rental Operations
O4.1 Pricing and Rider Fees. Before the rider rents a device, the vendor shall disclose to the rider its pricing structure, including all rates, fees, surcharges, penalties, and other costs the rider may incur by renting the device.
O4.2 Reduced-Fare Program Element. If 50% or more of the vendor’s deployed fleet consists of electric-assisted devices, then for the duration of the permit the vendor shall establish a
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reduced-fare program element. At a minimum, all persons who qualify for the ORCA Lift reduced-fare program or the Regional Reduced Fare Permit (RRFP) program shall be eligible for the vendor’s reduced-fare program element. Unless the vendor proposes and the Program Manager approves a different price structure, the vendor shall charge eligible riders no more than $1.50 per hour.
O4.3 Low-Barrier Rental. The vendor shall establish at least one method by which a rider who has no smartphone, no bank account, and no charge card can rent a device.
O5. Staffing Operations
O5.1 Operations Center. The vendor shall maintain at least one operations center in King County. The vendor shall disclose to SDOT the location of its operations centers in King County and all other locations in the City of Seattle where the vendor stores devices that are not deployed.
O5.2 Working Conditions. The vendor shall compensate all employees consistent with Seattle’s minimum-wage laws in SMC Chapter 14.19. The vendor shall comply with all local, state, and federal workplace safety requirements.
O6. Rider Education
O6.1 Vendor’s Duty. The vendor has the duty to educate its riders how to use its services and how to operate and park its devices.
O6.2 Rider Education Plan. (a) The vendor shall develop and implement a rider education plan in accordance with Requirement G10.
(b) The vendor’s rider education plan shall describe how the vendor will educate its riders about:
1. traffic and riding laws and rules; 2. King County’s helmet law; 3. rules for parking the device safely and conscientiously; and 4. any other appropriate instructions.
(c) The vendor’s rider education plan shall also describe how the vendor:
1. will comply with the rider education signage requirement in Requirement ES3.2; and 2. will tailor its rider education message to address equity barriers in a manner consistent with the vendor’s equity plan described in Requirement O7.4.
O7. Equity
O7.1 Community Engagement. The vendor shall collaborate with SDOT and participate in outreach, education, and other equity programming designed to improve knowledge of and access to mobility and recreation options in the City of Seattle.
O7.2 Languages. (a) Beginning January 1, 2019, for all required contact methods the vendor provides under Requirement O3.1(a) and all required disclosures to riders under Requirements O4.1 and DS6, the vendor shall offer a translated version or translation support for all City of
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Seattle Tier 1 Languages, including Cantonese (written: Traditional Chinese), Korean, Mandarin (written: Simplified Chinese), Somali, Spanish, Tagalog, and Vietnamese.
(b) SDOT encourages the vendor to offer translated versions or translation support for all public contact methods, including any smartphone applications, in City of Seattle Tier 1 and Tier 2 Languages and other languages spoken in Seattle.
O7.3 Marketing Document. No later than November 1, 2018, the vendor shall publish and provide for SDOT’s use a one-page marketing and education document in all City of Seattle Tier 1 Languages covering the following information to SDOT’s satisfaction:
1. the concept and basics of device sharing; 2. the vendor’s own service model; 3. the types of devices the vendor offers for rental; 4. the pricing policies the vendor offers under Requirements O4.1 and O4.2; and 5. all rental methods, including the low-barrier rental method the vendor offers under Requirement O4.3.
O7.4 Equity Plan. (a) The vendor shall develop and implement an equity programming plan in accordance with Requirement G10. Generally, the vendor’s plan shall describe how the vendor will ensure its services are affordable, accessible, equitably distributed, equitably managed, and engaged with Seattle’s diverse communities.
(b) The vendor’s equity plan shall describe how the vendor’s services, including operations and marketing, will reach all people in the City of Seattle, with a focus on communities of color, low- income communities, immigrant and refugee communities, people with disabilities, people experiencing homelessness or housing insecurity, people with limited English-language proficiency, LGBTQ people, women and girls, youth, and seniors.
(c) The vendor’s equity plan shall describe how the vendor will inform prospective riders and non-riders in the focus communities about:
1. the concept and basics of device sharing; 2. the vendor’s own service model; 3. the types of devices the vendor offers for rental; 4. the pricing policies the vendor offers under Requirements O4.1 and O4.2; and 5. all rental methods, including the low-barrier rental method the vendor offers under Requirement O4.3.
(d) The vendor’s equity plan shall describe how the vendor will provide the language support described in Requirement O7.2 and the marketing document described in Requirement O7.3.
(e) SDOT encourages the vendor to describe any other appropriate equity-related goals, strategies, or actions the vendor proposes with respect to the following:
1. the vendor’s fleet composition, including the types of devices and their equipment; 2. any proposal to deploy adaptive cycles; 3. any participation in an emergency unlocking program;
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4. the geographic distribution of the vendor’s fleet across neighborhoods and focus communities, including the choice of service area and the proportion of the vendor’s fleet to be deployed in equity focus areas; 5. the pricing policies the vendor offers under Requirements O4.1 and O4.2; 6. the use of rider incentives, disincentives, rewards, or penalties to shape rider behavior; 7. the vendor’s rental methods, including the low-barrier rental method the vendor offers under Requirement O4.3; 8. the vendor’s public contact methods and practices as described in Requirement O3.1; 9. the vendor’s proposed programming and events during the permit year; 10. the vendor’s fleet management, operations, and staffing structure and policies; 11. the availability of helmets; 12. equity in knowledge of the vendor’s device sharing services and how to find, rent, and ride them; 13. equity of economic and technological access to the vendor’s services; 14. racial and social equity generally; and 15. any other equity issues the vendor proposes to address.
O8. Regional Operations. These permit requirements apply to all devices the vendor deploys on SDOT right-of-way. These permit requirements apply to all devices the vendor deploys in other locations in the City of Seattle unless the vendor has obtained a separate permit to deploy devices in that location. The vendor’s deployed devices may circulate between Seattle and other jurisdictions, subject to the requirements of those jurisdictions.
Data Sharing DS1. Fleet Data
DS1.1 Generally. (a) The vendor shall collect and submit the following data on all devices in its fleet:
1. deployed-device data as described in Requirement DS1.3; and 2. trip data as described in Requirement DS1.4.
(b) At the Program Manager’s discretion, the vendor shall submit its data to SDOT, an independent data analyst SDOT selects, or both.
DS1.2 How Submitted. (a) The vendor shall submit the fleet data through an application program interface (API) or other format approved by the Program Manager or independent data analyst.
(b) The vendor shall submit deployed-device data in real time. For each week ending on Sunday, the vendor shall submit the trip data on or before the following Friday at noon. The Program Manager may direct the vendor to submit fleet data at a different time and frequency.
(c) The vendor may submit fleet data it collects during the first 45 days of its permit in a comma- separated values (CSV) or spreadsheet file format.
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DS1.3 Deployed-Device Data. (a) The vendor shall collect and submit data on the status and location of each device that is deployed in the City of Seattle or within 1000 feet of City boundaries and is not being rented.
(b) The vendor shall generate a deployed-device data record describing each device’s status and location as reported by its tracking component at the following times:
1. when the vendor deploys and parks the device; 2. when the vendor removes the device to its physical custody, including removal with the intent to redeploy the device in another location; and 3. for the duration of deployment at the following frequency: i. not less than once every four hours, if the device or device tracking component is newly deployed before January 1, 2019; or ii. not less than once every 30 minutes, if the device or device tracking component is newly deployed on or after January 1, 2019.
(c) The vendor shall collect the required location data as reported by the device’s tracking component described in Requirement ES2.2 unless the Program Manager approves a different data collection method.
(d) The vendor shall collect and submit the data using the format and attributes described in Appendix E.1.
DS1.4 Trip Data. (a) The vendor shall collect and submit data on each trip that begins or ends in the City of Seattle or within 1000 feet of city boundaries.
(b) The vendor shall generate a data record describing each device’s status and location as reported by its tracking component at the following times:
1. when the trip starts; 2. when the trip ends; and 3. for the duration of the trip at the following frequency: i. not less than once every five minutes, if the device or device tracking component is newly deployed before March 1, 2019; or ii. not less than once every three minutes, if the device or device tracking component is newly deployed on or after March 1, 2019.
(c) The vendor shall collect and submit the required location data as reported by the device’s tracking component described in Requirement ES2.2 unless the device or device tracking component is newly deployed before March 1, 2019 or the Program Manager approves a different location data source or collection method.
(d) If the Program Manager directs the vendor to submit deployed-device data directly to SDOT, then the vendor shall collect and submit the data using the format and attributes described in Appendix E.2(a). If the Program Manager directs the vendor to submit deployed-device data to an independent data analyst, then the vendor shall collect and submit the data using the format and attributes described in Appendix E.2(b).
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DS2. Parking Report Data
DS2.1 Generally. (a) The vendor shall collect data on reports the vendor receives under Requirements O2.1 and O2.3 and the vendor’s response to them. The vendor shall submit a log of all parking reports as described in Requirement DS2.2 unless the Program Manager allows the vendor to submit a summary of those reports as described in Requirement DS2.3.
(b) The vendor shall submit each month’s data to SDOT in CSV or spreadsheet format no later than the tenth day of the following month.
DS2.2 Parking Log. The vendor’s parking log shall use the format and attributes described in Appendix E.4.
DS2.3 Parking Summary. If the Program Manager allows, the vendor may submit a summary of the data it collects under Requirement DS2.2 instead of the parking log. The summary shall include the following:
1. the number of reports the vendor received: i. regarding devices reported to be an obstruction hazard; and ii. regarding devices not reported to be an obstruction hazard; 2. the number of reports with the following outcomes: i. the vendor inspects the reported device and determines no action is required; ii. the vendor removes or reparks the device; iii. the vendor is unable to locate the device; iv. the vendor locates the device but the device is irretrievable; and v. the vendor is unable to respond to the report in 48 hours or less; 3. the vendor’s mean and median response time to reports received: i. regarding devices reported to be an obstruction hazard; and ii. regarding devices not reported to be an obstruction hazard; and 4. a brief description of any significant parking issues, trouble spots, or problems with the vendor’s reporting system or response efforts.
DS3. Maintenance Data
DS3.1 Generally. (a) The vendor shall collect data on its maintenance activities, any reports the vendor receives as described in Requirement O2.2, and the vendor’s response to those reports. The vendor shall submit a summary of its maintenance activities as described in Requirement DS3.2 unless the Program Manager requires the vendor to also submit a full log of maintenance activities under Requirement DS3.3.
(b) The vendor shall submit each month’s data to SDOT in CSV or spreadsheet format no later than the tenth day of the following month.
DS3.2 Maintenance Summary. The vendor shall provide the following data in its maintenance summary:
1. the number of reports the vendor received regarding device that: i. are not in good working order, or
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ii. are unsafe to operate; 2. the number of reports with the following outcomes: i. the vendor inspects the reported device and determines no action is required; ii. the vendor repairs the device or removes the device for repair; iii. the vendor is unable to locate the device; iv. the vendor locates the device but the device is irretrievable; and v. the vendor is unable to respond to the report in 48 hours or less; 3. the vendor’s mean and median response time to reports received i. regarding devices reported to be not in good working order; and ii. regarding devices reported to be unsafe to operate; and 4. a brief description of any significant maintenance problems that affected the vendor’s devices, including product recalls, intentional destruction under Requirement ES4.3, and equipment failures causing injury.
DS3.3 Maintenance Log. If the Program Manager requires, the vendor shall submit a maintenance log using the format and attributes described in Appendix E.5.
DS4. Incident Log.
DS4.1 Generally. (a) The vendor shall collect data on all incidents in which the vendor’s devices or personnel were involved in a collision, accident, injury, or property damage.
(b) The vendor shall disclose to SDOT any incident resulting in injury within 24 hours of receiving notice.
DS4.2 Incident Log. The vendor shall submit each month’s data in CSV or spreadsheet format to SDOT no later than the tenth day of the following month. The vendor shall collect and submit a log of its incident data using the format and attributes described in Appendix E.6.
DS5. Rider Data.
DS5.1 Unique Rider Report. (a) The vendor shall collect data on the number of unique riders who have used the vendor’s devices for one or more trips that start, end, or pass through Seattle.
(b) No later than the tenth day of each month, the vendor shall submit the following data to SDOT in text or spreadsheet format:
1. the number of unique riders who used the vendor’s devices during the previous month; and 2. the number of unique riders who used the vendor’s devices during the previous three months.
(c) At the same time the vendor submits its year-end report under Requirement G10.4, the vendor shall submit to SDOT the total number of unique riders who used the vendor’s devices during the permit term up to the date of the submission.
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DS5.2 Rider Survey. At the Program Manager’s direction, the vendor shall distribute to its riders a rider survey instrument designed by SDOT. The vendor shall not alter or supplement the survey instrument. The vendor shall report the survey responses to SDOT or to the independent data analyst at the Program Manager’s direction.
DS6. Disclosure to Rider. The vendor shall disclose to each rider at least once during the permit term the types of data it collects from riders and devices and the types of data the vendor reports to others.
DS7. Use and Disclosure. SDOT and its designees may use, analyze, and publish the data they receive and may create and publish derivative products and reports. Data submitted to SDOT may be subject to public disclosure. The Program Manager will notify the vendor if it discloses the vendor’s raw data submission in response to a Public Records Act request.
Compliance and Enforcement CE1. Compliance Generally
CE1.1 Compliance Investigation. SDOT will investigate the vendor’s compliance with these permit requirements and the requirements of SMC Title 15 using the following methods:
1. review of all submitted data for data integrity as described in Requirement CE2; 2. review of the vendor’s report-response records as described in Requirement CE3; 3. audit of the vendor’s fleet as described in Requirement CE4; 4. fleet data analysis as described in Requirement CE5; and 5. other investigation and direct or indirect enforcement activities at the Program Manager’s discretion.
CE1.2 Violation. If after investigation SDOT determines that the vendor has failed to comply with any permit requirements or has otherwise committed a violation under SMC chapters 15.90 or 15.91, the Program Manager may take one or more of the following actions:
1. revoke the vendor’s permit under Requirement G3.2 and SMC 15.04.070; 2. implement an alternative sanction as described in Requirement CE1.3; 3. seek reimbursement of costs as described in Requirement G8; or 4. take any other enforcement action provided for in SMC chapters 15.90 or 15.91;
CE1.3 Alternative Sanction. (a) If a vendor violates any requirement, SDOT may propose and the vendor may accept an alternative sanction instead of permit revocation. The alternative sanction may include one or more of the following:
1. a temporary, indefinite, or conditional reduction of the vendor’s maximum fleet size; 2. a requirement that the vendor share additional information related to the violation or to the type of violation; 3. another investigation, conducted at the vendor’s expense, to verify that the violation has been resolved; 4. rescission of approval for certain devices or device components; or
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5. other special conditions or modification of the vendor’s permit requirements to address the violation and prevent further violations.
(b) These permit requirements suggest specific reductions of a vendor’s maximum fleet size as appropriate alternative sanctions for certain violations. The Program Manager may depart upward or downward from the suggested fleet size reductions and may offer other alternative sanctions instead of or in addition to a fleet size reduction. The Program Manager will determine the actual alternative sanction offered, if any, based on the circumstances of the noncompliance, the vendor’s compliance history, the quality of the vendor’s plan to achieve compliance, and any aggravating or mitigating factors the Program Manager deems relevant.
CE1.4 No Waiver. SDOT may exercise its discretion in enforcing these permit requirements and the requirements of SMC Title 15. SDOT’s decision not to take an available enforcement action in one or more instances does not imply a waiver of future enforcement of these permit requirements or the requirements of SMC Title 15.
CE1.5 Impoundment. The City may impound at the vendor’s expense devices that are unsafe to operate, idle, or an obstruction hazard.
CE2. Data Integrity. (a) SDOT will review all data the vendor shares under these permit requirements in light of all other information available to SDOT to determine:
1. if the vendor furnished the required data at the correct time and in the correct format; and 2. if the vendor’s data is complete and accurate.
(b) If the vendor’s data is late or is in an incorrect format, SDOT may find the vendor not compliant and may offer an alternative sanction such as a reduction in maximum fleet size of 500 devices.
(c) If the vendor’s data is incomplete or inaccurate, SDOT may find the vendor not compliant and take the following action:
1. if SDOT believes that the vendor knowingly falsified, altered, or failed to disclose some or all of the data the vendor is required to share, then SDOT may revoke the vendor’s permit; or 2. if SDOT believes that the vendor did not knowingly falsify, alter, or fail to disclose some or all of the data, then SDOT may offer an alternative sanction such as a reduction in maximum fleet size of 1,000 devices.
CE3. Report-Response
CE3.1 Report-Response Investigation Procedure. The Program Manager will review the parking and maintenance data the vendor shares under Requirement DS2 and DS3, the vendor’s disclosure of irretrievable devices under Requirement O2.5, and any other available information to determine if the vendor has responded to reports by visually inspecting the reported device or location and correcting any noncompliant devices found within the time periods prescribed in Requirements O2.1 and O2.2.
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CE3.2 Compliance Targets. (a) The vendor is compliant if:
1. the vendor responded within the time specified in Requirement O2.1 or O2.2 to at least 75% of reports, excluding reports by the vendor or its agents; and 2. the vendor responded within 48 hours to at least 99% of reports, excluding reports by the vendor or its agents.
(b) If SDOT finds that the vendor is not compliant, then the Program Manager may offer a suggested alternative sanction such as a reduction in maximum fleet size of 500 devices.
CE4. Audit.
CE4.1 Audit Investigation Procedure. (a) SDOT or its designee may conduct one or more audits of one or more vendors’ fleets during the permit term. SDOT is not required to disclose the audit to the audited vendor or vendors before the audit has been completed. SDOT or its designee will establish procedures for the audit, including audit frequency and definition and selection of audit samples.
(b) An audit may include one or more of the following components:
1. visual, physical, and ride inspection of samples of devices deployed in the City of Seattle to investigate the vendor’s compliance with: i. all parking requirements; ii. maintenance requirements, as described in Requirement ES4; iii. equipment requirements, as described in Requirements ES1, ES2, and ES3; iv. service area requirements, as described in Requirement O1.1; and v. idle device requirements, as described in Requirement O2.3; 2. testing, data analysis, and other methods to assess each vendor’s: i. public contact methods, as described in Requirement O3.1; ii. data sharing disclosure to riders, as described in Requirement DS6; iii. pricing structure and pricing structure disclosure to riders, as described in Requirements O4.1 and O4.2; iv. rental methods, including its low-barrier rental methods as described in Requirement O4.3; v. supported languages, as described in Requirement O7.2; and vi. implementation of commitments the vendor made in its parking, equity, and rider education plans, as described in Requirement G10; and 3. data analysis to verify the integrity of data each vendor reports to SDOT under Requirements DS1, DS2, and DS3.
CE4.2 Compliance Targets - Parking. (a) The vendor is compliant if:
1. no more than 3% of the audit sample is parked in a manner that creates an obstruction hazard; and 2. no more than 30% of the audit sample is parked in a manner that does not comply with Requirements P1, P2, and P3.
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(b) If SDOT finds that the vendor is not compliant, then the Program Manager may offer an alternative sanction such as:
1. a reduction in maximum fleet size of 1000 devices, if more than 3.0% of the audit sample is parked in a manner that creates an obstruction hazard; or 2. a reduction in maximum fleet size of 500 devices, if more than 30% of the audit sample is parked in a manner that does not comply with Requirements P1, P2, and P3.
(c) If a device or cluster of devices in the audit sample creates an ADA-prohibited obstruction hazard, then the vendor or vendors who deployed the device or devices are not compliant with respect to the obstruction. The Program Manager may offer the vendor an alternative sanction such as a reduction in maximum fleet size of 20 devices per device or cluster of devices that creates an ADA-prohibited obstruction hazard.
CE4.3 Compliance Targets - Maintenance. (a) The vendor is compliant if:
1. no more than 10% of the audit sample is unsafe to operate; and 2. 70% or more of the audit sample is in good working order and available for rental.
(b) If SDOT finds that the vendor is not compliant then the Program Manager may offer an alternative sanction such as:
1. a reduction in maximum fleet size of 500 devices, if more than 10% of the audit sample is unsafe to operate; or 2. a reduction in maximum fleet size of 500 devices, if less than 70% of the audit sample is in good working order and available for rental.
CE4.4 Compliance Targets - Equipment. The vendor is compliant if:
1. 95% or more of the audit sample complies with Requirements ES1, ES2, and ES3; and 2. the remainder comply with the equipment requirements of another permitting authority in King County.
CE4.5 Compliance Targets – Data Integrity. SDOT or its designee will compare the deployed- device data the vendor reports under Requirement DS1.3 to the audit sample to determine that the vendor is correctly reporting all deployed devices. The vendor is compliant if 99% or more of devices with functioning tracker components in the audit sample are reported with the correct location and attributes in the vendor’s deployed-device fleet data.
CE5. Fleet Data Analysis.
CE5.1 Fleet Data Investigation Procedure. (a) Using the data the vendor submits under Requirement DS1, SDOT or its designee will capture the number, locations, and attributes of the vendor’s devices in the City of Seattle once each day. SDOT or its designee will take this daily fleet snapshot at 5:00 AM, unless the Program Manager selects a different time.
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(b) Using the daily fleet snapshot, SDOT or its designee will measure for each day:
1. the vendor’s maximum and minimum fleet size, as described in Requirements O1.2 to O1.5; 2. the vendor’s measured fleet size; 3. the number of deployed devices inside the equity focus areas described in Requirement O1.6; and 4. the number of deployed electric-assisted devices.
(c) SDOT will determine the vendor’s compliance with its fleet size, equity focus area, and reduced-fare program element requirements each month based on the daily measurements described in this section.
CE5.2 Compliance Targets – Maximum Fleet Size. (a) The vendor is compliant if:
1. the vendor’s measured fleet size exceeds its maximum fleet size on five or fewer days of the month; and 2. the vendor’s measured fleet size exceeds 120% of its maximum fleet size on two or fewer days of the month.
(b) If SDOT finds that the vendor is not compliant with its maximum fleet size requirement, then the Program Manager may offer an alternative sanction such as:
1. a reduction in maximum fleet size of 500 devices, if the vendor’s measured fleet size exceeds its maximum fleet size on six or more days of the month; or 2. a reduction in maximum fleet size of 1,000 devices, if the vendor’s measured fleet size exceeds 120% of its maximum fleet size on three or more days of the month.
CE5.3 Compliance Targets – Minimum Fleet Size. (a) The vendor is compliant if the vendor’s measured fleet size is less than its minimum fleet size on five or fewer days of the month.
(b) If SDOT finds that the vendor is not compliant with its minimum fleet size requirement, then the Program Manager may reallocate the vendor’s unused fleet capacity as described in Requirement O1.4.
CE5.4 Compliance Targets – Equity Focus Area. (a) The vendor is compliant if at least 10% of the vendor’s devices are parked within the equity focus area and available for rental on each day of the month.
(b) If SDOT finds that the vendor is not compliant with its equity focus area requirement, then the Program Manager may offer an alternative sanction such as a reduction in maximum fleet size of 500 devices.
CE5.5 Compliance Targets – Reduced-Fare. (a) The vendor is compliant if:
1. The vendor has a reduced-fare program element in place throughout the month; or 2. Less than 50% of the vendor’s deployed fleet consists of electric-assisted devices on all days of the month and on all days of the previous month.
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(b) If SDOT finds that the vendor is not compliant with its reduced-fare program element requirement, then the Program Manager may offer an alternative sanction such as a reduction in maximum fleet size of 500 devices.
Application and Fees AF1. Permit Not Guaranteed. (a) SDOT may approve a limited number of permits to the prospective vendor or vendors whose permit applications best demonstrate the applicants’ ability to meet SDOT’s program goals. No applicant is guaranteed a permit.
(b) A vendor approved for a permit is not guaranteed renewal of the permit. SDOT may require the vendor to submit another application for evaluation before SDOT will renew the permit.
AF2. Application Process
AF2.1 Initial Applications. SDOT may approve up to four permits to prospective vendors at the start of the permit year. SDOT will accept permit applications beginning on a date the Program Manager specifies and ending 15 days after that date unless extended by the Program Manager. SDOT will review applications received during the initial application time using the procedure in Requirement AF2.3. SDOT may grant up to four permits to the best-qualified applicants.
AF2.2 Later Applications. SDOT may offer one or more additional permits and designate the time during which prospective vendors may apply for them. The Program Manager may establish different permit requirements for the additional permits. SDOT will review applications using the procedure described in Requirement AF2.3 and may grant permits to the best- qualified applicant or applicants.
AF2.3 Application Review. (a) When the application time closes, the Program Manager will review all applications. The Program Manager may reject as unacceptable any applications that are incomplete or that do not meet all application and permit requirements as described in Appendix F.1. The Program Manager may review and score an application that contains nonmaterial defects.
(b) The Program Manager will review all applications that are not rejected and score them using the procedure in Requirement AF2.4. The Program Manager may approve permits for the highest-scoring applicant or applicants.
(c) At any stage of the application review process, SDOT may pose in writing additional or clarifying questions to one or more applicants.
AF2.4 Scoring. (a) The Program Manager will score the following elements of the applicant’s application:
1. the applicant’s proposed data collection and integrity structure as described in Requirement AF3.1(a)(7); 2. each of the applicant’s mandatory plans as described in Requirement AF3.1(a)(8); 3. each of the applicant’s optional plans as described in Requirement AF3.1(a)(9); and 4. the applicant’s qualifications as described in Requirement AF3.1(a)(10).
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(b) The Program Manager will score these elements using the criteria in Appendix F.2.
AF3. Application Materials
AF3.1 Application Packet. (a) The applicant’s application packet shall include the following:
1. a completed Public Space Management Permit Application; 2. a completed Vendor Signature Page in the form contained in Appendix G; 3. for each device the applicant wants to deploy at program start, including any devices proposed or approved in a previous permit: i. design specifications as described in Requirement ES1.1(c); ii. evidence of compliance with applicable design standards as described in Requirement ES1.5; iii. illustrative images of the device and its components; and iv. descriptions and illustrative images of all information the applicant will affix to the device, including trade dress, contact information, rider education information, and any other information the applicant proposes; 4. the applicant’s proposed fleet deployment, including: i. a description and map of the initial service area for each device the applicant wants to deploy and any planned changes during the permit year; ii. a description of the applicant’s proposed fleet, including the number of devices of each type the applicant proposes to deploy and any changes during the permit year; iii. a description of the proposed geographic distribution of its deployed fleet, including the vendor’s proposed fleet distribution in the equity focus areas described in Requirement O1.6 and Appendix D; and iv. if applicable, a disclosure that the applicant will not meet the minimum fleet size requirement and a fleet deployment schedule as described in Requirement O1.4; 5. the applicant’s contact information, including: i. a description of the applicant’s required and optional public contact methods as described in Requirement O3.1, including illustrative images of any smartphone applications; ii. if known, the applicant’s contact information for City use as described in Requirement O3.2; and iii. a description of the applicant’s procedure for receiving and acknowledging reports received under Requirements O2.1 to O2.3; 6. the applicant’s proposed rental structure, including: i. the applicant’s pricing structure and exhibits showing how the applicant will disclose the pricing structure to its riders, as described in Requirement O4.1; ii. a description of any reduced-fare program element, as described in Requirement O4.2; and iii. a description of the applicant’s low-barrier rental methods, as described in Requirement O4.3; 7. the applicant’s proposed data collection and integrity structure, including: i. a description of the technology and procedures the applicant will use to collect, process, and share the data required in Requirements DS1, DS2, DS3, and DS4;
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ii. a description of the data integrity or accuracy limitations of the applicant’s data collection, processing, and sharing technology and procedures; iii. a description of the applicant’s plan to disclose its data collection practices to riders as described in Requirement DS6; and iv. a copy of any user agreements the rider must accept in order to use the applicant’s service; 8. the applicant’s mandatory scored plans, including: i. a parking and fleet management plan as described in Requirement P7; ii. a rider education plan as described in Requirement O6.2; and iii. an equity plan as described in Requirement O7.4; 9. any optional scored plans, including: i. any plans to deploy adaptive cycles; and ii. any plans to participate in an emergency unlocking program element described in Requirement ES2.8, including a description of how the applicant will make the devices available free of charge; and 10. a statement describing the applicant’s experience in the device sharing industry, including any experience the applicant has in urban areas of more than 500,000 people.
(b) The application packet should be organized logically and clearly designate the portions responsive to each application packet element. The application packet should be detailed, comprehensive, and readable.
AF3.2. Additional Materials Required. (a) An applicant who is selected as an approved vendor shall submit the following additional materials to SDOT before the permit will be issued:
1. a signed and recorded indemnity agreement as described in Requirement G5 and Appendix A; 2. insurance documentation as described in Requirement G6 and Appendix B; 3. the surety bond described in Requirement G7 and Appendix C; 4. the permit issuance fee described in Requirement AF4.1; 5. the permit application review fee described in Requirement AF4.1; and 6. the administrative fee described in Requirement AF4.1.
(b) An applicant who is not issued a permit shall submit the permit application review fee described in Requirement AF4.1 on SDOT’s request.
AF3.3. Submission. Application materials may be submitted by email to [email protected] or on paper to the following locations:
By Mail: In Person: Seattle Department of Transportation SDOT Street Use Permit Counter Attention: Public Space Management Attention: Public Space Management PO Box 34996 Seattle Municipal Tower Seattle, WA 98104 700 5th Avenue, Floor 23 Seattle, WA 98124
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AF4. Fees
AF4.1 Fee Schedule. SDOT may charge vendors up to the following fees:
Fee Type Fee Amount Permit Issuance $224 for issuance or $170 for renewal as specified in the Street Use Permit Fee and Renewal Schedule or as subsequently amended Permit Review $260 per hour of review as specified in the Street Use Permit Fee Schedule or as subsequently amended Administrative Fee If four vendors are granted $250,000 per vendor per year permits during the initial permit application period: If three or fewer vendors are $50 per permitted bicycle or other device, granted permits during the prorated by month initial permit application period: If additional vendors are granted • $250,000 per vendor, prorated by month, if permits after the initial permit the vendor deploys 5,000 or more bicycles application period: or other devices • $50 per permitted device, prorated by month, if the vendor deploys fewer than 5,000 bicycles or other devices
AF4.2 Fees Nonrefundable. All fees charged to vendors under Requirement AF4.1 are nonrefundable.
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Appendix A: Indemnity Agreement
Document Title:
PUBLIC PLACE INDEMNITY AGREEMENT
Reference Number(s) of Documents assigned or released: (on page ___of document(s)______
Grantor (Entity Applying for Permit):
Grantee:
City of Seattle
CITY OF SEATTLE FREE-FLOATING BIKE SHARE STREET USE AND OCCUPATION PERMIT INDEMNITY AGREEMENT
This Indemnity Agreement (“Agreement”) is made and granted by ______, and its successors, heirs, and assigns (collectively the “Grantor”) in favor of the City of Seattle (“City”).
RECITALS
The Grantor has applied to the City for permission to use or occupy public right-of-way for the Grantor’s benefit.
The City’s permission for allowing the use or occupancy is conditioned on the Grantor and its successors, heirs, and assigns complying with all permit requirements; and all applicable federal, state, and City law, including but not limited to, Seattle Municipal Code Section 15.04.060 that requires this Agreement.
AGREEMENT
In consideration for the City’s permission to use or occupy the public right-of-way that permits [INSERT PROJECT DESCRIPTION] according to the submitted Street Use and Occupancy Permit application and approved plan [INSERT STREET USE PERMIT NUMBER] the Grantor agrees as follows:
1. The Grantor, and its successors, heirs, and assigns shall forever defend, indemnify, and hold harmless; the City of Seattle, its officials, officers, employees, and agents; from and against all liabilities, claims, causes of action, suits, loss, costs, expenses, judgments, attorney fees and necessary litigation expenses, and damages of every kind and description including but not
Appendix A: Indemnity Agreement Page 40 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18 limited to actual or alleged bodily injury including death, or actual and alleged damage to property; resulting directly or indirectly from any act or omission of the permittee, its subcontractors, anyone directly or indirectly employed by them, and anyone for whose acts or omissions they may be liable for; arising out of or in connection with the permittee using or occupying the public right-of-way or any person operating the permittee’s bicycle or other device without wearing a helmet.
2. The Grantor’s, successors’, heirs’, and assigns’ indemnification obligations under this Agreement do not apply to any liabilities, claims, causes of action, judgments, or expenses resulting from bodily injury or property damage caused by the sole negligence of the City, its officers, employees, elected officials, agents, or subcontractors.
3. The Grantor, successors, heirs, and assigns acknowledge that permission to use or occupy the public right-of-way is of a temporary nature and vests no permanent rights in the Grantor or the Grantor’s successors, heirs, or assigns to use or occupy the public right-of-way. Upon 30-days’ notice mailed to the Grantor by first-class mail or published in the City’s official newspaper, the City may revoke the permission to use or occupy the public right-of-way. If the use or occupation becomes dangerous, or if the use or occupation is not being maintained or used according to Title 15 of the Seattle Municipal Code, the City may revoke permission to use the public right-of-way without providing the 30-day notice.
4. The Grantor, on behalf of the Grantor and Grantor’s successors, heirs, and assigns, specifically and expressly agrees to waive Grantor’s and Grantor’s successors’, heirs’, and assigns’ immunity under industrial insurance, Title 51 of the Revised Code of Washington, to the extent necessary to provide the City with a full and complete indemnity from claims for which the City is entitled to indemnity under this Indemnity Agreement. Grantor, on behalf of Grantor and Grantor’s successors, heirs, and assigns, specifically and expressly agrees this provision was mutually negotiated by the parties.
5. The Grantor and its successors, heirs, and assigns acknowledge that if the City revokes the permission to use or occupy the public right-of-way; the Grantor and its successors, heirs, and assigns shall at its sole expense, remove the use or occupancy and restore the public place to at least as good a condition as required by current applicable standards.
6. The Grantor makes this Agreement on behalf of the Grantor and Grantor’s heirs, successors, and assigns for the benefit of the City and its successors and assigns.
IN WITNESS WHEREOF, the Grantor has executed this Agreement on the day and year indicated below.
______Grantor’s Signature
______Print Name and Title
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State of Washington ) ) s.s. County of King )
This is to certify that on this ______day of ______20______, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared______to me known to be the ______(title) of the corporation or limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be their free and voluntary act and deed of said corporation or limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal, the day and year first above written.
______Notary Public in and for the State of Washington
Appendix A: Indemnity Agreement Page 42 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
Appendix B: Insurance Requirements B.1 Standard Insurance Coverages and Limits of Liability Required. The vendor shall continuously maintain throughout the entire term of the permit, at no expense to the City, the following insurance coverage and limits of liability: 1. Commercial General Liability (CGL) written on an occurrence form at least as broad as ISO CG 00 01, with Minimum Limits of Liability: $1,000,000 per Occurrence; $3,000,000 General Aggregate; $3,000,000 Products-Completed Operations Aggregate; and $1,000,000 Personal/Advertising Injury Liability. Coverage shall include: Premises and Operations; Personal Injury and Advertising Liability; Independent Contractors; Severability of Interest Clause; General Aggregate Limits of Insurance shall apply separately; “Claims Made” and “Modified Occurrence” policy forms are not acceptable. 2. Umbrella or Excess Liability “follow form” insurance over primary CGL insurance limits in the amount of $3,000,000 per occurrence, Combined Single Limits, and $3,000,000 in the aggregate for each annual policy period. The required total minimum limits of liability may be satisfied with primary limits or any combination of primary and umbrella/excess limits. 3. Automobile Liability insurance for owned, non-owned, leased or hired vehicles, as applicable, written on a form CA 00 01 or equivalent with minimum limits of liability of $1,000,000 CSL. 4. Worker's Compensation. Statutory requirements of the State of residency. Coverage shall be at least as broad as Worker's Compensation coverage, as required by the Industrial Act of the State of Washington. 5. Employer's Liability or "Stop Gap" at a limit of $1,000,000 each Occurrence and $1,000,000 Aggregate. B.2 City as Additional Insured. The vendor shall include the “City of Seattle” as an additional insured to all the insurance coverage listed above, except for Worker’s Compensation, in the form of a duly issued additional insured endorsement and attached to the policy or by the appropriate blanket additional insured policy wording, and in any other manner further required by the vendor’s insurance coverage to provide the City of Seattle additional insured coverage as set forth herein. The vendor’s insurance shall be primary and non-contributory with any insurance or self-insurance coverage or limits of liability maintained by the City. Additional Insured status shall include Products- Completed Operations CG 20 10 11/85 or its equivalent. B.3 No Limitation of Liability. Insurance coverage and limits of liability as specified herein are minimum coverage and limit of liability requirements only. Nothing in the City of Seattle’s requirements for minimum insurance coverage shall be interpreted to limit or release liability of the vendor or any of the vendor’s insurers. The City shall be an additional insured as required in paragraph B.2 regarding the total limits of liability maintained, whether such limits are primary, excess, contingent, or otherwise.
Appendix B: Insurance Requirements Page 43 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
B.4 Required Separation of Insured Provision; Cross-Liability Exclusion and Other Endorsements Prohibited. The vendor’s insurance policy shall include a “separation of insureds” or “severability” clause that applies coverage separately to each insured and additional insured, except with respect to the limits of the insurer’s liability. The vendor’s insurance policy shall not contain any provision, exclusion, or endorsement that limits, bars, or effectively precludes the City of Seattle from coverage or asserting a claim under the vendor’s insurance policy on the basis that the coverage or claim is brought by an insured or additional insured against an insured or additional insured under the policy. The vendor’s failure to comply with any of the requisite insurance provisions shall be a material breach of, and grounds for, the immediate termination of the Contract or Permits with the City of Seattle; or if applicable, and at the discretion of the City of Seattle, shall serve as grounds for the City to procure or renew insurance coverage with any related costs of premiums to be repaid by Operator or reduced and/or offset against the Contract. B.5 Notice of Cancellation. The above checked insurance coverages shall not be canceled by the vendor or Insurer without at least 30 days written notice to the City, except 10 days’ notice for non- payment of premium. B.6 Insurer’s A.M. Best’s Rating. Each insurance policy shall be issued by an insurer rated A-: VII or higher in the A.M. Best's Key Rating Guide, unless a surplus lines placement by a licensed Washington State surplus lines broker, or as may otherwise be approved by the City. B.7 Evidence of Insurance. (a) The vendor must provide the following as evidence of insurance: 1. A certificate of liability insurance evidencing coverages, limits of liability and other terms and conditions as specified herein. In the “Certificate Holder” field of the certificate of insurance, write “City of Seattle.”; and 2. An attached City of Seattle designated additional insured endorsement or blanket additional insured wording to the required insurance policies. (b) At any time upon the City’s request, the vendor shall also cause to be timely furnished a copy of declarations pages and schedules of forms and endorsements. If the City tenders a claim or lawsuit for defense and indemnity invoking additional insured status, and the insurer either denies the tender or issues a reservation of rights letter, the vendor shall also cause a complete and certified copy of the requested policy to be timely furnished to the City of Seattle.
Appendix B: Insurance Requirements Page 44 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
Appendix C: Surety Bond Form SEATTLE STREET USE STREET USE PERMIT No: _____ SURETY BOND
KNOW ALL PEOPLE BY THESE PRESENTS: That (Type or print name of principal) as Principal and corporation authorized to do, and
(Type or print name of surety) (and name of state) doing, business as a surety company in the State of Washington, as Surety, are held and firmly bound unto The City of Seattle (“Seattle”), a municipal corporation of the State of Washington, in the sum of DOLLARS ($ ), lawful money of the United States, for the payment of which we jointly and severally bind ourselves, and each of our heirs, executors, administrators, successors and assigns, firmly by these presents.
Under the provisions of Seattle Municipal Code ("SMC") Title 15, Principal filed with Seattle’s Director of Transportation (“Director”) an application for the above-referenced permit (the “Permit”) and the use of certain public areas for located at Seattle, Washington; and the Director approved the application, issued the Permit (which Permit is incorporated herein), and required the furnishing of this bond as provided under SMC Title 15.04.044; Now, therefore,
This Bond is entered into with Seattle for Seattle’s use and benefit and is subject to the following conditions: 1. If Principal: a. Faithfully complies with all the terms of the Permit and all applicable provisions of the laws of the State of Washington and Seattle’s ordinances, particularly SMC Title 15; and b. Pays the cost of inspection under the Permit upon the Director’s presentation of an invoice; and c. Removes any permitted bicycle, structure, or obstruction that becomes insecure or unsafe, or is not constructed or maintained in accordance with the terms of the Permit, upon notice from the Director; and d. Reimburses Seattle for any and all expenses incurred pursuant to SMC Title 15 in connection with the project or work described in the application for the Permit; and e. Pays the cost of restoring the public area to its proper condition, plus fifteen percent (15%) of such cost, together with any other expense that Seattle may sustain in connection therewith; and f. Pays all Permit fees as required by Seattle ordinance, resolution, rule, or regulation; and g. Pays interest at a rate of twelve percent (12%) per annum on any and all payments due to Seattle from and after the date of delinquency to the date of payment; then this bond shall be void; otherwise, it shall remain in full force and effect. 2. Nothing of any kind or nature whatsoever that will not discharge Principal shall operate as a discharge or release of liability of the Surety, any law, rule of equity or usage relating to the liability of sureties to the contrary notwithstanding. Surety waives notice of any alteration or extension of time made by Seattle with respect to said permit. 3. Whenever Seattle has declared the Principal to be in default and has given Surety written notice of such declaration, Surety shall promptly (in no event more than 30 days following receipt of such notice) specify in written notice to Seattle which actions the Surety will take to remedy the default, and shall thereafter promptly: a. Remit all sums due and payable to Seattle hereunder; and Appendix C: Surety Bond Form Page 45 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
b. Remedy all non-monetary defaults or request Seattle to arrange for satisfaction, on behalf of Principal and Surety, of their non-monetary obligations under the Permit and this Bond, and pay Seattle, in cash, up to and including the penal sum of this Bond as reimbursement of all payments (whether interim or final) made by Seattle for such work together with all other reasonable costs and expenses incurred by Seattle as a result of Principal's default and Surety’s request, including but not limited to those for mitigation of Seattle losses, attorneys' fees, and for reasonably necessary actions to preserve public and private property from damage prior to Surety's exercising any option available to it under this Bond.
4. This Bond shall be governed by the laws of the State of Washington, and venue for any action arising out of or in connection with this Bond shall be in King County Superior Court in the State of Washington. Surety acknowledges that it is bound by the laws of and subject to the jurisdiction of the courts of the State of Washington. 5. No rider, amendment, or other document modifies this Bond unless in writing and accepted by Seattle. 6. Surety shall give Seattle not less than 60 days written notice of any expiration or termination of this Bond. Notice shall be sent to Seattle Department of Transportation, Street Use Division, 700 5th Avenue, P.O. Box 34996, Seattle, WA 98124-4996
NOTE TO PRINCIPAL REGARDING SIGNATURE(S): This bond must be signed by the president or vice-president of a corporation; member, or if designated, manager of a limited liability company; managing general partner of a partnership; managing joint venturer of a joint venture; or owner(s) of a sole proprietorship. If the bond is signed by a person with any other title or position, Principal must attach currently-dated, written proof of that person’s authority to bind Principal, identifying and quoting the corporate articles of incorporation, bylaws, partnership agreement, resolution, L.L.C. certificate of formation, or other document that authorizes delegation of signature authority to such signer, and confirmation acceptable to Seattle that such delegation is in full force and effect.
IMPORTANT: Every Surety named on this bond must either appear on the United States Treasury Department's most current list (Circular 570 as amended or superseded) or have a current rating of at least A-:VII in A. M. Best’s Key Rating Guide. Additionally, every Surety named on this bond must be authorized by the Washington State Insurance Commissioner to transact business as a surety in the State of Washington.
A NOTARY PUBLIC MUST ACKNOWLEDGE EACH SIGNATURE ON THIS BOND.
FOR SURETY: FOR PRINCIPAL:
By By:
(Signature of Attorney-in-Fact) (Signature(s) of authorized signer(s) for Principal)
(Type or print name of Attorney-in-Fact) (Type or print name(s) and title of signer(s) for Principal)
(Type or print telephone number for Attorney-in-Fact) (Type or print telephone number(s) of signer(s) for Principal)
Appendix C: Surety Bond Form Page 46 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
STATE OF )
) ss: (PRINCIPAL’S ACKNOWLEDGMENT)
COUNTY OF )
On this day of , , before me a notary public in and for the State of , duly commissioned and sworn, personally appeared , who executed the foregoing bond, and acknowledged to me that signed and sealed said bond as the free and voluntary act and deed of the Principal so identified in the foregoing bond for the uses and purposes therein mentioned, and on oath stated that is/are authorized to execute said bond for the Principal named therein.
WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written.
(Signature of Notary Public) (Print or type name of Notary Public)
Notary Public in and for the State of residing at
My commission expires .
STATE OF )
) ss: (SURETY’S ACKNOWLEDGMENT)
COUNTY OF )
On this day of , , before me a notary public in and for the State of , duly commissioned and sworn, personally appeared , Attorney-in-Fact for the Surety that executed the foregoing bond, and acknowledged said bond to be the free and voluntary act and deed of the Surety for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said bond on behalf of the Surety, and that the seal affixed on said bond or the annexed Power of Attorney is the corporate seal of said Surety.
WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written.
(Signature of Notary Public) (Print or type name of Notary Public)
Notary Public in and for the State of residing at
My commission expires .
Appendix C: Surety Bond Form Page 47 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
Appendix D: Equity Focus Areas As provided in Requirement O1.6, the vendor shall distribute 10% or more of its deployed fleet in designated equity focus areas.
Data Source: To define the neighborhoods contained within the equity focus area, SDOT uses the “Neighborhoods” GIS shapefile (created October 18, 2011; last updated November 7, 2014). The shapefile is available through Seattle’s Open Data Portal (at https://data.seattle.gov/dataset/Neighborhoods/2mbt-aqqx).
Designated Areas: The Program Manager designates the following neighborhoods as belonging to the equity focus areas:
1. Northern: Bitter Lake, Cedar Park, Haller Lake, North College Park, Olympic Hills, Pinehurst. 2. Central: Atlantic, First Hill, Minor. 3. Southern: Brighton, Dunlap, Georgetown, High Point, Highland Park, Holly Park, Mid-Beacon Hill, Rainier Beach, Rainier View, Riverview, Roxhill, Seward Park, South Beacon Hill, South Delridge, South Park.
Map of Designated Areas:
Appendix D: Equity Focus Areas Page 48 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
Appendix E: Data Tables E.1 Deployed-Device Data. The vendor shall collect and submit the data described in Requirement DS1.3 using the following format and attributes: Field Required Type Description Allowed Values Example Name Timestamp Yes String Time of record in Universal Coordinated Time (UTC) UTC value 2014-06- 01T18:45: 05.000Z
Latitude Yes Number Device’s latitude at time of record in decimal 00.0000 47.6089 degrees to at least four decimal places Longitude Yes Number Device’s longitude at time of record in decimal -000.0000 -122.3414 degrees to at least four decimal places EventType Yes String Recorded status of device (these four values are “BikeAdded”, Available standard; others can be added with SDOT approval): “BikeRemoved”, • BikeAdded: The record is generated when the “Available”, vendor deploys and parks the device “Suspended”, (DS1.3(b)(1)). • BikeRemoved: The record is generated when the vendor removes the device to its physical custody (DS1.3(b)(2)). • Available: The record is generated for each deployed device at the interval specified in DS1.3. At time of record, device is deployed and available for rental (DS1.3(b)(3)). • Suspended: The record is generated for each deployed device at the interval specified in DS1.3. At time of record, device is deployed but rentals are suspended (e.g. maintenance mode) (DS1.3(b)(3)). VendorID Yes String Vendor’s name Depends on Pronto vendor BikeID Yes String Unique identifier for the device Assigned by vendor BikeType Yes String The device’s model designation, as assigned by the Assigned by vendor vendor and approved by the Program Manager Charge Yes, if Number The remaining battery charge at time of record, as a 0 to 100 56 device is percentage electric
Appendix E: Data Tables Page 49 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
E.2 Trip Data. (a) If the Program Manager directs the vendor to submit the trip data described in Requirement DS1.4 directly to SDOT, then the vendor shall collect and submit the data using the following format and attributes:
Field Required Type Description Allowed Values Example Name Timestamp Yes String Time of record in Universal Coordinated Time (UTC) UTC value 2014-06- 01T18:45 :05.000Z Latitude Yes Number Device’s latitude at time of record to at least four 00.0000 47.6089 decimal places Longitude Yes Number Device’s longitude at time of record to at least four -000.0000 -122.3414 decimal places EventType Yes String Reported status of device: “TripStart”, Trip Start • TripStart: The record is generated when the trip “TripMid”, starts (DS1.4(b)(1)). “TripEnd” • TripMid: The report is generated at the interval specified in DS1.4. At the time of the record, the device is being rented (DS1.4(b)(3)). • TripEnd: The record is generated when the trip ends (DS1.4(b)(2)). VendorID Yes String Vendor’s name Depends on Pronto vendor BikeID Yes String Unique identifier for the device Assigned by vendor BikeType Yes String The device’s model designation, as assigned by the Assigned by vendor vendor and approved by the Program Manager TripID Yes String Unique, nonrepeatable identifier for the trip Assigned by vendor
(b) If the Program Manager directs the vendor to submit the trip data described in Requirement DS1.4 to an independent data analyst, then the vendor shall collect and submit the data using the following format and attributes:
Field Required Type Description Allowed Values Example Name Timestamp Yes String Time of record in Universal Coordinated Time (UTC) UTC value 2014-06- 01T18:45 :05.000Z Latitude Yes Number Device’s latitude at time of record to at least four 00.0000 47.6089 decimal places Longitude Yes Number Device’s longitude at time of record to at least four -000.0000 -122.3414 decimal places EventType Yes String Reported status of device: “TripStart”, Trip Start • TripStart: The report is generated when the trip “TripMid”, starts (DS1.4(b)(1)). “TripEnd” • TripMid: The report is generated at the interval specified in DS1.4. At the time of the report, the device is being rented (DS1.4(b)(3)). • TripEnd: The report is generated when the trip ends (DS1.4(b)(2)). VendorID Yes String Vendor’s name Depends on Pronto vendor BikeID Yes String Unique identifier for the device Assigned by vendor BikeType Yes String The device’s model designation, as assigned by the Assigned by vendor vendor and approved by the Program Manager TripID Yes String Unique, nonrepeatable identifier for the trip Assigned by vendor RiderID Yes String Unique identifier for the rider Assigned by vendor
Appendix E: Data Tables Page 50 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
E.3 Rider Table. If SDOT has directed the vendor to report its data to an independent data analyst, SDOT will establish the format and attributes of a rider table keyed to the RiderID field as part of the rider survey instrument described in Requirement DS5.2.
E.4 Parking Log. If SDOT has directed the vendor to collect and submit a parking log as described in Requirement DS2.2, then the vendor shall collect and submit the data using the following format and attributes:
Field Required Type Description Allowed Values Example Name Latitude No Number Device’s latitude at time of report to at least four 00.0000 47.6089 decimal places Longitude No Number Device’s longitude at time of report to at least four -000.0000 -122.3414 decimal places Location No String The reported location of the device, if latitude and 101 E longitude are not available Broadway VendorID Yes String Vendor’s name Depends on Pronto vendor BikeID No String Unique identifier for the device Assigned by BikeID vendor BikeType No String The device’s model designation, as assigned by the Assigned by BikeType vendor and approved by the Program Manager vendor ReportTime Yes String Time vendor receives parking report in Universal UTC value 2014-06- Coordinated Time (UTC) 01T18:45 :05.000Z Reporter Yes String The entity that reported the device “Vendor”, Public “Public”, “City”, “Other” ReportType Yes String The report allegations (multiple responses permitted) “Obstruction”, Parking, • Obstruction: The device is alleged to be an “Parking”, “Idle” Idle obstruction hazard (P1.6). • Parking: The device is alleged to be improperly parked but is not alleged to be an obstruction hazard. • Idle: The device is alleged to have been idle for 7 days or more (O2.3). ActionTime Yes String Time vendor responds to parking report in UTC UTC value 2014-06- 01T17:52 :05.000Z ActionType Yes String Description of vendor’s response: “Reparked”, Reparked • Reparked: The device was located, visually “NoAction”, confirmed to be improperly parked or idle, and “Lost”, removed, reparked, or adjusted. “Irretrievable”, • NoAction: The device was located and visually “RiderMoved” confirmed to be properly parked. Vendor may leave device or remove it. • Lost: The vendor confirms that the device is not at the reported location and the vendor is unable to locate the device. • Irretrievable: Hazard or lack of legal access prevent the vendor from locating or removing the device. • RiderMoved: A rider rents and moves the device before the vendor responds to the report.
Appendix E: Data Tables Page 51 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
E.5 Maintenance Log. (a) If SDOT has directed the vendor to collect and submit a maintenance log as described in Requirement DS3,3, then the vendor shall collect and submit the data using the following format and attributes:
Field Name Required Type Description Allowed Values Example Latitude No Number Device’s latitude at time of report to at least four 00.0000 47.6089 decimal places Longitude No Number Device’s longitude at time of report to at least four -000.0000 -122.3414 decimal places Location No String The reported location of the device, if latitude and 101 E longitude are not available Broadway VendorID Yes String Vendor’s name Depends on Pronto vendor BikeID No String Unique identifier for the device Assigned by BikeID vendor BikeType No String The device’s model designation, as assigned by the Assigned by BikeType vendor and approved by the Program Manager vendor ReportTime Yes String Time vendor receives maintenance report in UTC value 2014-06- Universal Coordinated Time (UTC) 01T18:45 :05.000Z Reporter Yes String The entity that reported the device. Vendor- “Vendor”, Public reported maintenance includes maintenance the “Public”, “City”, vendor identifies and performs without receiving “Other” an outside report ReportType No String Letter code corresponding to alleged maintenance See list below CH issues. Multiple codes permitted. IssueType Yes String Letter code corresponding to confirmed See list below CEH maintenance issues. Multiple codes permitted. SuspendTime No String Time vendor remotely suspends new rentals on the UTC value 2014-06- device, if any, in UTC 01T17:04 :05.000Z ActionTime Yes String Time vendor responds to maintenance report in UTC value 2014-06- UTC 01T17:52 :05.000Z ActionType Yes String Description of vendor’s response: “Repaired”, Repaired • Repaired: Device was located, visually “Removed”, confirmed to need maintenance, and repaired “NoAction”, without being removed from deployment “Lost”, • Removed: Device was located, visually “Irretrievable”, confirmed to need maintenance, and removed “Moved” from deployment. • NoAction: Device was located and confirmed not to need maintenance. • Lost: Device confirmed not to be at reported location and the vendor is unable to locate it. • Irretrievable: Hazard or lack of legal access prevent a vendor from locating or removing the device. • Moved: A rider rents and moves the device before the vendor responds to the report. Notes No String Keywords or narrative description of maintenance issue
Appendix E: Data Tables Page 52 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
(b) The vendor shall use the codes described below when completing the ReportType and IssueType fields in the maintenance log. The vendor shall record all relevant issue codes. For instance, if a report alleges that a device has problems with both the seat and the frame, both should be listed. If graffiti is scrawled on a solar panel and on frame, then four codes (“Solar Panel,” “Frame/Fork,” “Vandalism,” and “Cosmetic”) should be listed. The “Unsafe to Operate” column indicates whether SDOT presumes that a malfunction of the component makes a device unsafe to operate.
Issue Issue Type Description Unsafe to Code Operate? A “Frame/Fork” Includes all parts of the device structural frame including the front fork Yes B “Wheel/Hub” Includes wheels, hubs, spokes, tires, and connections to frame Yes C “Lights/Reflectors” Includes front and rear lights and reflectors Yes D “Brakes” Includes all parts of the brake assembly Yes E “Pedals” Includes all parts of the pedal assembly Yes F “Handlebars” Includes the handlebar assembly and its Yes G “Bell” Includes any bell, horn, or other signaling devices Yes H “Seat” Includes the seat itself, its adjustment mechanism, and its connection with Unspecified the device frame I “Gear/Chain” Includes the gear, chain, derailleur, and related mechanisms Unspecified J “Battery” Includes broken battery. Does not include low battery issues Unspecified K “Fender/Fairing” Includes fenders, fairing, trim, and similar components Unspecified L “Lock/Tracker” Includes all locking and location tracking mechanisms on the device No M “Cargo” Includes cargo basket or other cargo assembly and its connection to No frame. Includes solar panels mounted on the basket. Does not include damage limited to basket-mounted signage. N “Plate/Signage” Includes device number plates, QR code, and other signage affixed to the No device O “Kickstand” Includes kickstands and similar components. No P “Information” Includes damage that affects the visibility of any information required to No be affixed to the device Q “Cosmetic” Indicates scratches, graffiti, or other superficial damage that does not No affect usability of device R “Collision” Includes devices that are being inspected, repaired, or removed from N/A service following a reported collision S “Water Damage” Includes devices removed from waterways or that have other water N/A damage T “None” No problems found. Use for maintenance reports that turn out to be false N/A alarms after an inspection is completed. Do not use if inspection is not done because device was moved or reused; the device must be checked before it can be reported as cleared U “Unknown” Unknown issue N/A V “Other” Specify in notes/issue code detail. Vendor may define a code (between W N/A and Z) for specific components not listed above. Vendor must provide the Program Manager with a written explanation of any vendor-added codes.
Appendix E: Data Tables Page 53 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
E.6 Incident Log. (a) The vendor shall collect and submit the data described in Requirement DS4 using the following format and attributes:
Field Name Required Type Description Allowed Values Example Latitude No Number Device’s latitude at time of incident to at least four 00.0000 47.6089 decimal places Longitude No Number Device’s longitude at time of incident to at least -000.0000 -122.3414 four decimal places Location No String The reported location of the device at time of 101 E incident, if latitude and longitude are not available Broadway VendorID Yes String Vendor’s name Depends on Pronto vendor BikeID No String Unique identifier for the device. If multiple devices Assigned by BikeID are involved, create a separate record for each. vendor BikeType No String The device’s model designation, as assigned by the Assigned by BikeType vendor and approved by the Program Manager vendor IncidentTime Yes String Time of incident in Universal Coordinated Time UTC value 2014-06- (UTC) 01T16:20 :05.000Z ReportTime Yes String Time vendor receives incident report in UTC UTC value 2014-06- 01T18:45 :05.000Z Reporter Yes String The entity that reported the incident “Vendor”, Public “Public”, “SDOT”, “SPD”, “Other” BikeAction Yes String Vendor’s disposition of the device involved in the “Repaired”, Removed incident: “Removed”, • Repaired: Device was located, visually “NoAction”, confirmed to need maintenance, and repaired “Lost”, without being removed from deployment “Irretrievable” • Removed: Device was located, visually confirmed to need maintenance, and removed from deployment. • NoAction: Device was located and confirmed not to need maintenance. • Lost: Device confirmed not to be at reported location and the vendor is unable to locate it • Irretrievable: hazard or lack of legal access prevent a vendor from locating or removing the device Injury Yes String Whether any injuries are reported Yes/No No PoliceReport Yes String Whether a police report was filed Yes/No Yes PRNumber No String Police report number, if any YYYY-###### 2014- 123456 Notes No String Narrative description of the incident, including any additional information the vendor collected
Appendix E: Data Tables Page 54 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
Appendix F: Application Evaluation F.1 Review for Acceptance. (a) The Program Manager will review all applications as described in Requirement AF2.3(a).
(b) The Program Manager shall reject an application as unacceptable if:
1. any of the required application materials are missing or incomplete; or 2. one or more elements of the applicant’s proposals would conflict with the permit requirements or Program Goals if implemented.
(c) If the Program Manager does not reject an application as unacceptable, then the Program Manager will accept the application for further review and scoring.
(d) The Program Manager shall record the results of this application review in the following table:
Required Submission Unacceptable Acceptable AF3(a)(1): Permit Application A completed Public Space Management Annual Permit Application AF3(a)(2): Vendor Signature Page The applicant’s signed statement accepting all permit requirements AF3(a)(3): Proposed Equipment Specifications, descriptions, and images of all devices AF3(a)(4): Proposed Fleet Deployment The applicant’s service area, fleet size, and fleet composition AF3(a)(5): Applicant’s Contact Information The applicant’s contact methods for public and City use AF3(a)(6): Proposed Rental Structure The applicant’s pricing structure and rental methods AF3(a)(7): Data Collection and Integrity The applicant’s data collection, processing, and sharing methods AF3(a)(8): Mandatory Plans The applicant’s parking, rider education, and equity plans AF3(a)(9): Optional Plans The applicant’s adaptive cycle and emergency unlocking plans, if any AF3(a)(10): Applicant’s Experience Applicant’s statement of experience
F.2 Review for Scoring. (a) The Program Manager will review all accepted applications and score them as provided in Requirement AF2.4.
(b) For each scored element, the Program Manager will assign a score between zero and ten points to the applicant’s response. The applicant’s final score is:
1. the sum of the applicant’s scores for all required elements, plus 2. the sum of the applicant’s scores for all optional elements, divided by two.
(c) A rating of 0 to 2 points (“poor”) may be appropriate if the applicant’s response:
1. does not address all elements or shows several weaknesses;
Appendix F: Application Evaluation Page 55 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
2. does not demonstrate an understanding of or alignment with SDOT’s program goals; 3. does not address the racial and social equity aspects of its proposal; 4. proposes inadequate or impractical goals and strategies and provides an incomplete or infeasible implementation plan and timeline; 5. fails to make connections with other appropriate elements of the applicant’s proposal; or 6. fails to acknowledge limitations or potential adverse impacts of its proposal.
(d) A rating of 3 to 5 points (“fair”) may be appropriate if the applicant’s response:
1. addresses all elements but shows few strengths; 2. demonstrates an inconsistent understanding of and alignment with SDOT’s program goals; 3. addresses limited racial and social equity aspects of its proposal; 4. proposes some goals and strategies and provides a basic implementation plan and timeline; 5. recognizes connections with other elements of the applicant’s proposal but does not address them in depth; or 6. acknowledges some limitations or potential adverse impacts of its proposal but does not commit to adequate mitigation strategies.
(e) A rating of 6 to 8 points (“good”) may be appropriate if the applicant’s response:
1. addresses all elements and shows some strengths; 2. demonstrates a good understanding of and alignment with SDOT’s program goals; 3. addresses racial and social equity issues in key areas of its proposal; 4. commits to specific goals and strategies and provides a feasible implementation plan and timeline for implementation of required elements; 5. integrates some appropriate elements of the applicant’s proposal; 6. acknowledges the potential limitations and adverse impacts of its proposal and commits to adequate mitigation strategies; or 7. has some experience operating large fleets in cities with more than 500,000 people.
(f) A rating of 9 to 10 points (“excellent”) may be appropriate if the applicant’s response:
1. addresses all issues in depth and shows strengths in key areas; 2. demonstrates a thorough understanding of and alignment with SDOT’s program goals; 3. carefully addresses racial and social equity issues throughout its proposal; 4. commits to specific goals and strategies with a strong implementation plan and detailed timeline; 5. resourcefully integrates other appropriate elements of the applicant’s proposal; 6. frankly discusses the potential limitations and adverse impacts of its proposal and commits to adequate mitigation strategies; 7. proposes distinctive, innovative, or particularly compelling products, features, or strategies; or 8. has strong experience operating large fleets in cities with more than 500,000 people.
Appendix F: Application Evaluation Page 56 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
(g) The Program Manager shall record the applicant’s scores in the following table:
Poor Fair Good Excellent (0-2) (3-5) (6-8) (9-10) REQUIRED ELEMENTS Data Collection and Integrity The applicant’s data collection, sharing, and integrity proposal, including: 1. a description of the technology and procedures the applicant will use to collect, process, and share the data required in Requirements DS1, DS2, DS3, and DS4; 2. a description of the data integrity or accuracy limitations of the applicant’s data collection, processing, and sharing technology and procedures; 3. a description of how the applicant will notify riders about the data the vendor collects and shares, as described in Requirement DS6; and 4. a copy of any user agreements the rider must accept in order to use the applicant’s service. Parking and Fleet Management Plan The applicant’s parking and fleet management plan, including: 1. ensure its staff park the devices correctly; 2. employ geofencing capabilities; 3. detect and repark improperly parked devices; 4. inspect devices to ensure they are in good working order and remove devices that are not in good working order; 5. encourage riders to park safely and conscientiously; and 6. encourage people to report safety, parking, and maintenance concerns. Equity Plan The applicant’s equity programming plan, including: 1. generally, a description of how the vendor will ensure its services are affordable, accessible, equitably distributed, equitably managed, and engaged with Seattle’s diverse communities; 2. a description of how the applicant’s services, operations, and marketing will reach all people in the City of Seattle, with a focus on the communities listed in Requirement O7.4(b); 3. a description of how the applicant will inform prospective riders and non-riders in the focus communities about: i. the concept and basics of device sharing; ii. the applicant’s own service model; iii. the types of devices the applicant offers for rental; iv. the pricing policies the applicant offers under Requirements O4.1 and O4.2; and v. the applicant’s proposed rental methods, including any low- barrier rental method the applicant offers under Requirement O4.3; 4. the applicant’s plan to provide the language support described in Requirement O7.2; 5. the applicant’s plan to provide the marketing document described in Requirement O7.3; and 6. any other appropriate equity-related goals, strategies, or actions the applicant proposes with respect to the following: i. the applicant’s fleet composition, including the types of devices and their equipment; ii. any proposal to deploy adaptive cycles; iii. any participation in an emergency unlocking program;
Appendix F: Application Evaluation Page 57 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
iv. the geographic distribution of the applicant’s fleet across neighborhoods and focus communities, including the choice of service area and the proportion of the applicant’s fleet to be deployed in equity focus areas; v. the pricing policies the applicant offers under Requirements O4.1 and O4.2; vi. the use of rider incentives, disincentives, rewards, or penalties to shape rider behavior; vii. the applicant’s rental methods, including the low-barrier rental method the applicant offers under Requirement O4.3; viii. the applicant’s public contact methods and practices as described in Requirement O3.1; ix. the applicant’s proposed programming and events during the permit year; x. the applicant’s fleet management, operations, and staffing structure and policies; xi. the availability of helmets; xii. equity in knowledge of the applicant’s device sharing services and how to find, rent, and ride them; xiii. equity of economic and technological access to the applicant’s services; xiv. racial and social equity generally; and xv. any other equity issues the applicant proposes to address. Rider Education Plan The applicant’s rider education plan, including: 1. a description of how the applicant will educate its riders about i. traffic and riding rules; ii. King County’s helmet law; iii. rules for parking the device safely and conscientiously; and iv. any other appropriate instructions; and 2. the applicant’s plan to affix required rider education information to its devices as described in Requirement ES3.2; and 3. a description of how the applicant will tailor its rider education message to address knowledge equity barriers in a manner consistent with the vendor’s equity plan. Experience and Expertise A description of applicant’s experience and expertise operating device sharing in cities with more than 500,000 people. Required Elements Subtotal: OPTIONAL ELEMENTS Adaptive Cycling Plan The applicant’s plan, if any, to deploy adaptive cycles. Emergency Unlocking Plan The applicant’s plan, if any, to participate in an emergency unlocking program. Optional Elements Subtotal: SCORE CALCULATION Required Elements Subtotal: + (Optional Elements Subtotal)/2: = APPLICANT TOTAL SCORE:
Appendix F: Application Evaluation Page 58 Free-Floating Bike Share Program DRAFT Permit Requirements – 7/31/18
Appendix G: Vendor Signature Page
I, ______, declare the following: 1. I am a duly authorized agent of ______, a vendor applying for a permit under the City of Seattle’s Free-Floating Bike Share Program. 2. I have reviewed and understand the Free-Floating Bike Share Program Permit Requirements for the 2018-2019 Permit Year, including all requirements and appendices. 3. I have the authority to bind the vendor-applicant to the permit application and to the permit requirements the City established for this program. 4. The vendor-applicant has complied with all permit requirements in preparing the permit application and all the information in the application is true and complete. 5. The vendor-applicant shall comply with all permit requirements for the duration of any permit approved under these permit requirements. 6. The vendor-applicant understands that if the vendor does not comply with all permit requirements, the City may revoke the permit or take other enforcement actions described in the permit requirements and the Seattle Municipal Code. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
______Signature Date and Place
State of Washington ) ) s.s. County of King )
This is to certify that on this ______day of ______20______, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared______to me known to be the ______(title) of the corporation or limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be their free and voluntary act and deed of said corporation or limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal, the day and year first above written.
______Notary Public in and for the State of Washington
Appendix G: Vendor Signature Page Page 59
Seattle Department of Transportation 700 5th Avenue, Suite 3800 PO Box 24996 Seattle, WA 98124-4996 (206) 684-ROAD (7623) www.seattle.gov/transportation [email protected]
ORDINANCE NO. 18-019
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY ADDING ARTICLE 12.08, "BICYCLES" TO CHAPTER 12 "TRAFFIC AND VEHICLES"; PROVIDING DEFINITIONS; REQUIRING PERMITS; PROVIDING SAFETY REGULATIONS; REGULATING PARKING OF BICYCLES; PROVIDING REGULATIONS; REQUIRING DATA SHARING; REQUIRING RELOCATION; PROVIDING INSURANCE REQUIREMENTS; AUTHORIZING PERMIT FEES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1. That Chapter12 "Traffic and Vehicles" ofthe Code of Ordinances, City of
University Park, Texas, is hereby amended by adding Article 12.08 "Bicycles" as follows:
"Sec. 12.08.001 Definitions
The following words and phrases shall have the meanings set forth below, unless the context clearly requires otherwise:
Customer means a person who rents and uses a bicycle from a bike share operator. Dockless bike share system means a system which provides bicycles for short-term rentals for point-to-point trips and which may be locked and unlocked without the requirement of a bicycle rack or other docking station within the city. Dockless bike share operator or operator means a corporation, firm, joint venture, limited liability company, partnership, person, or other organized entity that operates a dockless bike share system, whether for profit or not for profit. Director means the Director, or his or her designee, of the Community Development Department. Geo-Fence Platform means an interactive geographic spatial layer or map controlled by the City to quickly and effectively detect and manage connected devices, liked shared bicycles, in the City's public spaces. Geo-Fence Zone means a zone defined by GPS or RFID that registers when a mobile device like a bicycle enters or leaves that zone. Geo-Fence Zone Plan for Cities and Bike Share means a program to serve both the City and its citizens to regulate the use of shared bicycles and the functioning conditions for the operators. Permittee means a dockless bike share operator that holds a current and valid permit issued pursuant to this article. Public right-of-way or right-of-way means a strip of land acquired by reservation, dedication, prescription, deed or condemnation and intended to use by the public as a street, alley, or other public way.
Sec. 12.08.002 Application for Permit a. A Pilot Program is hereby created to allow a nine-month permit for companies which desire to operate a dockless bike share system or business within the city limits of the City of University Park ("operators"). b. To participate in the Pilot Program, operators must submit a Permit Application to the Community Development Director in accordance with these regulations. c. The permit application shall include these items:
1. Completed Application;
11. Company/operator name and local, primary contact information;
111. Insurance and Indemnification documentation;
1v. Images and description of bicycles and mobile application;
v. Size of fleet, including any planned fleet expansion over the year;
v1. Service area, including any planned expansions over the year;
v11. Plan for educating users on proper bicycle parking;
v111. Permit fee in the amount applicable to the operator as specified in this Article.
Sec. 12.08.003 Safety Regulations a. All bicycles used by operators issued a permit under this Article shall meet the standards outlined in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, part 1512- Regulations for Bicycles. Additionally, permitted systems shall meet the safety standards outlined in ISO 4 3 .15 0 - Cycles, subsection 421 0. b. All bicycles shall meet the Texas Transportation Code requirement for lights during nighttime, described in Texas Transportation Code Title 7, Subtitle C., Chapter 551, Subchapter B Sec. 551.104. c. All operators permitted under this program shall provide a mechanism for customers to notify the operator that there is a safety or maintenance issue with the bicycle, to include a telephone number, web address, and email address. d. All permitted systems shall have visible language that notifies the user that:
1. Helmet use is encouraged while riding the bicycle.
11. Bicyclists shall yield to pedestrians on sidewalks.
m. When riding on a street, bicyclists must follow the rules of the road as one would
in a motor vehicle. e. Permitted bicycle share operators agree that the City is not responsible for educating users regarding bicycle laws. Neither is the City responsible for educating users on how to ride or operate a bicycle. Permitted operators agree to educate users regarding laws applicable to riding and operating a bicycle in the City and to instruct users to comply with applicable laws.
Sec. 12.08.004 Parking and Use of Bicycles a. Bicycle share operators shall inform customers on how and where to use and park a bicycle properly. b. Bicycle share operators shall have the capability to create Geo-Fence Zones as established by the City of University Park. c. Bicycle share operators shall provide and maintain a Geo-Fence Platform operable on six (6) workstations simultaneously, compatible with the City of University Park GIS system. d. Restrictions to eligible bicycle parking zones on sidewalks include:
1. Bicycles shall not be parked in the required sight triangle at an intersection, as
defined by the Code of Ordinances.
11. Bicycles shall not be parked against trees or within the landscape planting beds.
111. The City reserves the right to determine certain block faces where dockless bicycle share parking is prohibited.
1v. Bicycles shall not be parked or stationed in such a way that will inhibit pedestrian
movement or ADA accessibility on sidewalks or pedestrian ways.
v. Bicycles shall not be parked adjacent to or within:
1. An area not within a Geo-Fence Zone (reference map or Geo-Fence
Platform);
2. Transit zones, including bus stops and shelters;
3. Loading zones;
4. ADA handicap parking zones;
5. Street furniture that requires pedestrian access;
6. Curb ramps; or
7. Entryways and driveways. e. This permit is only valid for operations within the City of University Park right-of-way. Additional zones may be established; for example, locations within parks, on-street parking spaces, off-street parking lots/garages, or campuses may be established. However, permission to do so shall require coordination with the appropriate City department and/or property owner and shall be communicated to the customer through signage approved by the respective entity and/or through the mobile web application. f. Any dockless bicycle that is parked in one location for more than seven (7) consecutive days without moving must be evaluated and moved to a new location by the bicycle share system provider. If the bicycle remains in the same location for the first two (2) hours of the eighth day, it may be removed by the City of University Park and taken to a facility for storage at the expense of the bicycle share operator. The City ofUniversity Park shall invoice the violating operator (see Operations section for more information). g. All permitted bicycle share operators shall provide, on every bicycle, contact information for bicycle relocation requests, including a telephone number, web address, and email address. h. Bicycles shall be upright when parked.
1. Any bicycle that is parked incorrectly shall be re-parked in a correct manner or shall be removed by the operator based on these times:
1. 8 a.m. - 8 p.m. Monday-Friday (holidays excluded) - within two (2) hours of receiving notice.
11 . All other times - by 10:00 a.m. the following calendar day (holidays included). j. A rider of a dockless shared bike shall ride and operate or park and leave the bike only within the geo-fence zones established in red on the Map attached hereto as Exhibit "A". Shaded or cross-hatched areas on the Map indicate areas where bike-share units may not legally be parked rental fees cannot be stopped and bikes cannot be locked in those areas.
Sec. 12.08.005 Special Events
For special events in University Park that require street closure and/or booths to set up on a street or the sidewalk, removal of bike share bikes will be handled by the bike share operator.
1. Two weeks prior to the event City staff will contact all permitted bike share operators alerting them to the upcoming event.
11. Permitted bike share operators will be required to remove bikes at least three hours prior to street closures or event set up.
111. It is the responsibility of the permitted bike share operator to ensure users are aware of the restricted parking areas.
Sec. 12.08.006 Operations of Bicycle Share Operators a. All permitted bicycle share operators under the permit program shall have a 24-hour customer service phone number for customers and others to report safety concerns, complaints, or ask questions. b. All permitted bicycle share operators under the permit program shall provide the City with a direct contact for bicycle share operator staff that are capable of rebalancing bicycles. In addition, operators will provide a rebalancing management plan to the City ofUniversity Park. c. In the event City staff identifies or receives a nuisance complaint, all permitted bicycle share operators under the permit program shall relocate or rebalance bicycles based on these times:
1. 8 a.m. - 8 p.m. Monday-Friday (holidays excluded) - within two (2) hours of receiving notice.
11. All other times- by 10:00 a.m. the following calendar day (holidays included). d. Any inoperable bicycle, or any bicycle deemed not safe to operate either by a user or the company, shall be removed from the ROW within 24 hours of notice by any means to the operator by an individual or entity, and shall be repaired before returning the bicycle into revenue service. e. All permitted operators shall have a minimum bicycle fleet of 50 bicycles if using standard (non-electric) bicycles; operators shall meet this fleet size within four weeks of permit approval. f. During this pilot stage of the bicycle share permit program, the City of University Park will limit the number of bikes per bike share company to no more than 150 bikes. If ridership reports demonstrate a need for more and operators are meeting responsible rebalancing/relocation requirements, the bike limit may be reassessed. g. Every bicycle shall have a unique identifier, such as a unit number, that is visible to the user on the bicycle. h. Escrow Accounts: The operator must provide Two Thousand Five Hundred Dollars ($2,500.00) in cash per one thousand (1 ,000) bicycles (not prorated) that the City will hold in escrow for the term of this Permit to cover direct costs incurred by the City due to violations of the Permit. Should the escrow account be debited and drop to an amount below Five Hundred Dollars ($500.00), operator shall provide additional funds to raise the amount back to Two Thousand Five Hundred Dollars ($2,500.00) per one thousand (1 ,000) bicycles. i. If the City ofUniversity Park incurs any costs addressing or abating any violations of these requirements, or incurs any costs of repair or maintenance of public property, upon receiving written notice of the City costs, the permitted operator shall reimburse the City of University Park for such costs within thirty days. If reimbursement is not paid, the City may withdraw the funds from the Escrow Account provided in subsection h, above.
J. Permits may be revoked for lack of customer service response to include but not limited to safety concerns, failure to actively manage rebalancing plan, documented history of violating components outlined in this policy and/or any of the following:
1. If an operator has five (5) or more bicycles impounded by the City of University Park at any one time;
11. If an operator has had ten (1 0) or more bicycles impounded within 30 days; or
111. If an operator leaves a bicycle impounded for five (5) or more consecutive days. k. Appeal: An operator may appeal the following decisions ofthe City if it requests an appeal in writing and delivers it to the City Manager not more than ten (1 0) business days after receiving notice of the action: 1. A denial of an application for permit under this Program; or
11. A revocation of a permit under this Program.
The City Manager or his designee shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in its behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on a preponderance of the evidence presented at the hearing. The hearing officer may affirm, modify, or reverse all or part of the action being appealed. The decision of the hearing officer is final.
Sec. 12.08.007 Data Sharing a. Permitted bicycle share operators will report data to the Bicycle and Pedestrian Coordinator or the Traffic Engineer for reporting and analysis purposes. b. Permitted bicycle share operators are required to report monthly information regarding their fleet and membership. The goal of these reports is to better understand how the entire bicycle share system is being utilized and to better inform future policy changes. Operators will work with the City to provide the following information on their company's operations in University Park:
1. Number of bicycles in system;
11. Origin and destination data;
111. Usage (total trips, per timeframe, per location, per bicycle);
1v. Total number of members;
v. Member survey and general demographics (if available); and
v1. Reported collisions.
Sec. 12.08.008 Insurance Requirements a. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications through the duration of the Permit, or longer, as so noted: 1. Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- or better.
11. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees, and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
111. All Liability policies shall be endorsed to provide the following:
1. Name as Additional Insured the City of University Park, its Officials, Agents, Employees, and volunteers.
2. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit ofliability.
3. Provide a Waiver of Subrogation in favor ofthe City ofUniversity Park, its officials, agents, employees, and volunteers.
1. Cancellation: City requires 30 days' written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date.
11. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
111. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. b. General Liability Insurance: General Liability insurance with combined single limits of not less than $1 ,000,000.00 shall be provided and maintained by the Permittee. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies.
1. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: 1. Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage.
2. Coverage B shall include personal injury.
3. Coverage C, medical payments, is not required.
11. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least:
4. Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. c. Automobile Liability Insurance: Permittee shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for:
1. Any auto, or
11. All owner, hired, and non-owned autos.
Sec. 12.08.009 The pilot program permit fees shall be applied to approved bicycle share permit holders based on the size of the operator's fleet and shall be set by an appropriate Resolution of the City Council establishing a Master Fee Schedule."
SECTION 2. All ordinances ofthe City of University Park in conflict with the provisions of this ordinance or the Code of Ordinances, as amended hereby, are hereby repealed.
SECTION 3. The provisions of this ordinance are severable and should any such provision be declared unconstitutional or unenforceable, such declaration shall not affect any of the remaining provisions hereof or the Code of Ordinances as amended hereby. SECTION 4. Any person violating any of the provisions of this ordinance or the Code of
Ordnances, as amended hereby, shall be deemed guilty of a misdemeanor and upon conviction in
the Municipal Court shall be subject to a fine not exceeding five hundred dollars ($500.00) for
each offense.
SECTION 5. This ordinance shall take effect immediately from and after its passage, as
the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on this 20th
day of March 2018.
APPROVED:
APPROVED AS TO FORM: ATTEST: ~d·N~aM- CITY ATTORNEY CHRISTINE GREEN, CITY SECRETARY (rld/1-18-18/96124) EXHIBIT A TURTLEBLVD CREEK
NORTHWEST PKWY NORTHWEST PKWY
HILLCREST AVE
THACKERY ST
PICKWICK LN
TULANE BLVD BALTIMORE DR
VILLANOVA DR VILLANOVA DR
University Park VILLANOVA DR VILLANOVA DR PRESTON RD
WENTWOOD DR PRESTON CENTER PLZ WENTWOOD DR WENTWOOD DR Bike Share Zone TURTLEBLVD CREEK WENTWOOD DR ® CENTENARY DR CENTENARY DR CENTENARY DR
Legend HILLCREST AVE THACKERY ST
TULANE BLVD BALTIMORE DR
PICKWICK LN MARQUETTE ST MARQUETTE ST
MARQUETTE ST City Limits PRESTON RD MARQUETTE ST Bike Share Prohibited COLGATE AVE COLGATE AVE COLGATE AVE Bike Share Zone
COLGATE AVE COLGATE AVE
CARUTH BLVD CARUTH BLVD
CARUTH BLVD DURHAM ST
CARUTH BLVD AIRLINE RD
HILLCREST AVE THACKERY STTHACKERY
BALTIMORE DR
TULANE BLVD
PICKWICK LN GREENBRIER DR
GREENBRIER DR
PRESTON RD DOUGLAS AVE WESTCHESTER DR GREENBRIER DR GREENBRIER DR GREENBRIER DR
SOUTHWESTERN BLVD SOUTHWESTERN BLVD SOUTHWESTERN BLVD SOUTHWESTERN BLVD SOUTHWESTERN BLVD
SOUTHWESTERN BLVD TURTLE CREEKTURTLE BLVD BRYN MAWR DR BRYN MAWR DR BRYN MAWR DR BRYN MAWR DR
BRYN MAWR DR BRYN MAWR DR
BALTIMORE DR BALTIMORE AIRLINE AIRLINE RD
DURHAM ST DUBLIN ST
HILLCREST AVE THACKERY ST
DOUGLAS AVE HANOVER ST
TULANE BLVD
PRESTON RD WESTCHESTER DR LOMOALTO DR HANOVER ST HANOVER ST HANOVER ST HANOVER ST HANOVER ST
PURDUE ST PURDUE ST PURDUE ST PURDUE ST PURDUE ST PURDUE ST
DUBLIN ST
STANFORD AVE STANFORD AVE STANFORD AVE
STANFORD AVE STANFORD AVE STANFORD AVE
DURHAM ST
BOEDEKER ST AIRLINE AIRLINE RD
DICKENS AVE
HILLCREST AVE
THACKERY ST
BALTIMORE DR BALTIMORE PRESTON PRESTON RD
TULANE BLVD
DOUGLAS AVE AMHERST ST WESTCHESTER DR LOMOALTO DR AMHERST ST AMHERST ST AMHERST ST AMHERST ST AMHERST ST
LOVERS LN LOVERS LN LOVERS LN LOVERS LN LOVERS LN LOVERS LN LOVERS LN LOVERS LN
LOVERS LN LOVERS LN AIRLINE AIRLINE RD
LOVERS LN CIR ST WILLARD
VASSARDR HURSEYST
CLEBURNE ST
BOEDEKER ST
DUBLIN ST DURHAM ST
TURTLE CREEK LN WESTMINSTER AVE WESTMINSTER AVE HYER AVE WESTMINSTER AVE
HYER AVE
HUNTERS GLEN RD
BALTIMORE DR BALTIMORE
ATHENS ST ATHENS
SNIDER PLZ
HILLCREST AVE DICKENS AVE GRASSMERE LN TURTLE CREEK BLVD
DOUGLAS AVE RANKIN AVE LOMOALTO DR
ARMSTRONG PKWY RANKIN AVE MILTON AVE
GRASSMERE LN PRESTON RD MILTON AVE GRASSMERE LN MILTON AVE
GOLF DR MILTON AVE WESTCHESTER DR MILTON AVE DRUID LN DRUID LN
DRUID LN ST ATHENS ROSEDALE AVE
SNIDER PLZ
HURSEY ST
DICKENS AVE HILLCREST AVE ROSEDALE AVE WILLARD ST
THACKERY ST
DURHAM ST
DUBLIN ST BOEDEKER ST
ROSEDALE AVE CLEBURNE ST
WESTWICKRD
HUNTERS GLEN RD DANIEL CT GLENWICK LN AIRLINE RD VASSAR DR GOLF DR DANIEL AVE DANIEL AVE DANIEL AVE
PRESTON RD GLENWICK LN DANIEL AVE
DOUGLAS AVE LOMOALTO DR HAYNIE AVE
EMERSON AVE EMERSON AVE HAYNIE AVE AIRLINE CTAIRLINE UNIVERSITY BLVD UNIVERSITY BLVD UNIVERSITY BLVD
HAYNIE AVE
WESTCHESTER DR DICKENS AVE THACKERY ST UNIVERSITY BLVD UNIVERSITY BLVD UNIVERSITY BLVD UNIVERSITY BLVD UNIVERSITY BLVD UNIVERSITY BLVD UNIVERSITY BLVD DUBLIN ST
FONDREN DR FONDREN DR FONDREN DR
BOAZ BOAZ LN
AIRLINE AIRLINE RD DOUGLAS AVE
HILLCREST AVE N CENTRAL EXPY PARK PARK ST
WILLIAMS PKWY GOLF DR BOEDEKER ST
ROBERTS HYER LN OLIN LANE MCFARLIN BLVD MCFARLIN BLVD MCFARLIN BLVD MCFARLIN BLVD MCFARLIN BLVD MCFARLIN BLVD MCFARLIN BLVD
MCFARLIN BLVD MCFARLIN BLVD SHANNON LN
WESTCHESTER DR LOMO ALTOLOMO DR
DOUGLAS AVE DYER ST ARMSTRONG PKWY DYER CT WESTWICKRD DYER ST DYER ST
LARCHMONT AVE PRESTON PKWY WINDSOR LN ASBURY AVE
WINDSOR AVE ASBURY AVE SCHOOLHIGH AVE
AIRLINE RD BOEDEKER ST DRANE DR
BRENTWOOD ST BUSH AVE
WINDSOR PKWY ST ANDREWS DR SMU BLVD SMU BLVD WINDSOR PKWY GRANADA AVE SHANNON LN GRANADA AVE
STANHOPE DR BINKLEY AVE AIRLINE RD
BINKLEY AVE BINKLEY AVE KEY ST
STANHOPE DR WESTWICKRD
HIGH SCHOOLHIGH AVE PRESTON RD
ROLAND AVE BINKLEY AVE
BISHOP BLVDBISHOP
LOMO ALTOLOMO DR DOUGLAS AVE SHENANDOAH AVE SHENANDOAH AVE
SHENANDOAH AVE CONNERLY DR OWNBY DR
ST ANDREWS DR MT VERNONMT AVE
SHENANDOAH AVE BUSH AVE
NORMANDY AVE MUSTANG CIR NORMANDY AVE
NORMANDY AVE KEY ST
NORMANDY AVE
SAN CARLOS DR SAN CARLOS DR
ARMSTRONG PKWY
PRESTON RD HILLCREST AVE
DOUGLAS AVE ST ANDREWS DR
SCHLEGEL ST AUBURNDALE AUBURNDALE AVE LOMO ALTOLOMO DR POTOMAC AVE POTOMAC AVE
FILE: (GIS) Ord_BikeShareZone BUSH AVE MOCKINGBIRD LN PRINTED: 03/05/18 MOCKINGBIRD PKWY MOCKINGBIRD LN The City of University Park strives to provide timely, accurate data, but does not make any guarantee of accuracy. This data is subject to change without notice. Use of this data is the sole responsibility of the user. ORDINANCE NO. 18-019 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY ADDING ARTICLE 12.08, "BICYCLES" TO CHAPTER 12 "TRAFFIC AND VEHICLES"; PROVIDING DEFINITIONS; REQUIRING PERMITS; PROVIDING SAFETY REGULATIONS; REGULATING PARKING OF BICYCLES; PROVIDING REGULATIONS; REQUIRING DATA SHARING; REQUIRING RELOCATION; PROVIDING INSURANCE REQUIREMENTS; AUTHORIZING PERMIT FEES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on this 20th day of March 2018.
APPROVED:
OLIN B. LANE, MAYOR
ATTEST:
CHRISTINE GREEN, CITY SECRETARY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES Planning Division m e m o r a n d u m
TO: Mayor Diane Wolfe Marlin and City Council FROM: John A. Schneider, MPA, Community Development Director DATE: July 5, 2018 SUBJECT: An Ordinance Amending Urbana City Code Chapter 23 (Operation and Parking of Dockless Bicycles on City of Urbana Rights-of-way and Property)
Action Requested Approval of an ordinance to codify dockless bikeshare program regulations.
Discussion On June 18, 2018, the City Council approved a resolution to approve an intergovernmental agreement with the City of Champaign and the University of Illinois for a dockless bikeshare program (2018-06- 025R). The attached ordinance1 would codify the regulations that were agreed upon by the three parties in the intergovernmental agreement and would also establish rules for the parking of dockless bikeshare bikes (“dockless bikes”). Bike Parking As written, the ordinance does not establish specific areas where dockless bikes can be parked; rather, it allows the City Engineer to identify the areas on city property (including the public right-of-way) where parking is allowed. This would allow the City Engineer to quickly respond to any parking issues that may arise without requiring amendments to the City Code. The ordinance also includes language that governs how private property owners can prohibit the parking of dockless bikes on their property, establish areas where dockless bikes can be parked on their property, and outlines what owners can do if dockless bikes are parked improperly on their property. In short, an owner can contact the company to have a bike moved, or they can move it themselves to an appropriate place in the public right-of-way (see Sec. 23-308(d) of the ordinance for more detail).
Staff requests that the Committee of the Whole consider the ordinance and approve it with any necessary changes.
Prepared by: ______Kevin Garcia, AICP, Planner II
1 The phrase “ordinance” includes the ordinance and the ordinance exhibit for simplicity. The attached ordinance has been modified slightly from the version sent on June 21, 2018. 1 ORDINANCE NO. 2018-06-047
AN ORDINANCE AMENDING URBANA CITY CODE CHAPTER 23
(Operation and parking of dockless bicycles on City of Urbana rights-of-way and property)
WHEREAS, the City of Urbana (“Urbana”) is a home rule unit of local government pursuant to Article VII, Section 6, of the Illinois Constitution, 1970, 5 ILCS 220/1 et seq., and may exercise any power and perform any function pertaining to its government and affairs, including the power to regulate for the protection of the public health, safety, and welfare; and
WHEREAS, the City Council heretofore did enact Urbana City Code Chapter 23, Local Traffic Code, to regulate the operation of motor vehicles and bicycles on the public rights-of-way and other public places within Urbana for the protection of the public health, safety, and welfare; and
WHEREAS, Urbana, the City of Champaign (“Champaign”), and the Board of Trustees for the University of Illinois (“University”) have entered into an intergovernmental agreement (“IGA”) regarding the joint and cooperative regulation of bike share companies (“Bike Companies”) that seek to deploy and allow individuals to operate and park dockless bicycles (“Dockless Bikes”) on Urbana, Champaign, and University rights-of-way and other property owned by them; and
WHEREAS, the aforesaid IGA provides that Urbana may enact one or more ordinances not inconsistent with the IGA to specifically regulate Bike Companies that deploy and allow individuals to operate and park their Dockless Bikes on Urbana owned and maintained rights-of-way and property;
WHEREAS, after due and proper consideration, the City Council finds that amending Chapter 23 as provided in the exhibit appended hereto will protect the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Urbana, Champaign County, Illinois, as follows:
Section 1. Urbana City Code Chapter 23, “Local Traffic Code”, be amended by adding a new Article XXII, “Bicycle Sharing Companies” in substantially the form as provided in the Exhibit appended hereto and made a part hereof as if set forth herein.
Section 2. Urbana City Code Chapter 1, “General Provisions”, Section 1-18, “Minimum fine schedule for certain violations”, as follows with underlined language to be added:
23-291 Relocator requirements. 165.00
23-310 License suspension, revocation, fine; appeal 100.00
Section 3. Those sections, paragraphs, and provisions of the Urbana City Code that are not expressly amended or repealed by this Ordinance are hereby re-enacted, and it is expressly declared to
Chapter 23 / 1 be the intention of this Ordinance not to repeal or amend any portions of the Urbana City Code other than those expressly set forth in Section 1 of this Ordinance. The invalidity of any section or provision of this Ordinance hereby passed and approved shall not invalidate other sections or provisions thereof.
Section 4. This Ordinance shall not be construed to affect any suit or proceeding pending in any court, or any rights acquired, or a liability incurred, or any cause or causes of action acquired or existing prior to the effective date of this Ordinance; nor shall any right or remedy of any character be lost, impaired, or affected by this Ordinance.
Section 5. The City Clerk is directed to publish this Ordinance in pamphlet form by authority of the corporate authorities, and this Ordinance shall be in full force and effect from and after its passage and publication in accordance with Section 1-2-4 of the Illinois Municipal Code.
This Ordinance is hereby passed by the affirmative vote, the “ayes” and “nays” being called, of a majority of the members of the Council of the City of Urbana, Illinois, at a meeting of said Council.
PASSED BY THE CITY COUNCIL this ____ day of ______, ______.
AYES:
NAYS:
ABSTAINED:
______Charlies A. Smyth, City Clerk
APPROVED BY THE MAYOR this ____ day of ______, 2018.
______Diane Wolfe Marlin, Mayor
Chapter 23 / 2 EXHIBIT
UCC 23 – LOCAL TRAFFIC DOE Article XXII – BICYCLE SHARING COMPANIES
Sec. 23-300. – Definitions.
The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them hereinafter unless the context otherwise requires.
Bike Company shall mean any business entity, regardless of legal form (e.g., sole proprietorship, partnership, corporation, or limited liability company), whether for-profit or not-for-profit that seeks to deploy and allow Users to operate and park Dockless Bikes on any Party’s Property.
Bike Sharing shall mean the riding and parking of Dockless Bikes which are deployed by any Bike Company when such Dockless Bikes are operated and parked on Urbana’s, Champaign’s and/or the University’s Property.
Champaign shall mean the City of Champaign, Illinois.
City Engineer shall mean the individual that Urbana has appointed to serve as its City Engineer and as the Director of the Urbana Public Works Department and any such person he/she designates to undertake the duties and responsibilities provided for in this article.
Concession Agreement shall mean a contract entered into by and between a Bike Company and the University regarding that Bike Company’s deployment of one or more Dockless Bikes that are or may be operated and/or parked on University Property.
Dockless Bike shall mean a bicycle that is deployed by a Bike Company, whether or not for a use fee, which is made available to Users for operation and/or parking on Urbana’s, Champaign’s and/or the University’s Property and which is either self-locking and/or locks to an existing bicycle parking infrastructure.
Expense shall mean any actual out-of-pocket cost, the reasonable value of one or more Urbana employees’ services, and/or use the reasonable value of Urbana-owned equipment, materials and/or supplies used or consumed in connection with enforcing this article.
IGA shall mean an intergovernmental agreement, and any amendments thereto, that has been entered into by and between Urbana, Champaign and the University regarding the establishment and operation of a Joint Licensing Program and the mutual promulgation and enforcement of Regulations
Chapter 23 / 3 concerning Bike Companies’ deployment of and Users’ operating and/or parking of Dockless Bikes on the Parties’ respective Property.
Joint Licensing Program shall mean a common program that has been, is or will be adopted by Urbana, Champaign, and the University for the common establishment and enforcement of ordinances, rules, regulations, and/or terms and conditions of the aforesaid jurisdictions concerning Bike Companies’ deployment of and Users’ operating and parking of Dockless Bikes on the said Parties’ Property.
Lead Agency shall mean one of the Parties who, by reason of the IGA, has or will have overall and day-to-day administrative and operational responsibility for the Joint Licensing Program.
License shall mean a permit issued by the Lead Agency that legally grants authority to a Bike Company to deploy its Dockless Bikes and which allows Users to operate and/or park that Bike Company’s Dockless Bikes on the Parties’ Property.
Parties shall mean the signatories to the IGA. Party shall mean a generic reference to any one of the signatories to the IGA.
Regulation shall mean any ordinance, policy, rule, term, and/or condition promulgated by Urbana, Champaign, and/or the University (including those in a Concession Agreement), as the case may be, regarding the deployment of Dockless Bikes by Bike Companies and Users’ operation and parking of Dockless Bikes on the Parties’ Property.
Property shall mean any and all public streets, sidewalks, alleys, parking lots, and other real property that is dedicated or commonly used for pedestrian, bicycle or vehicular traffic (commonly referred to as “public right-of-way” or “right-of-way”) or other public purposes and uses, including, but not limited to, utility easements and other easements that are dedicated to a Party for public purposes.
University shall mean the Board of Trustees of the University of Illinois and the University of Illinois Urbana-Champaign campus as such context suggests.
Urbana shall mean the City of Urbana, Illinois.
Urbana’s Property shall mean any and all Property that is owned or operated by Urbana.
User shall mean any individual who operates and/or parks a Bike Company’s Dockless Bike on any of the Parties’ Property.
Sec. 23-301. – Purpose of Joint Licensing Program.
Chapter 23 / 4 The Parties recognize and agree that the operation and/or parking of Dockless Bikes cannot reasonably be limited to any one Party’s Property regardless of where a Bike Company deploys its Dockless Bikes. Once deployed, Dockless Bikes will likely be used and parked on all the Parties’ Property at one time or another. Therefore, the Parties have entered into the IGA regarding the mutual promulgation and enforcement of minimal Regulations while retaining for themselves certain autonomy to adopt their own Regulations concerning the use and parking of Dockless Bikes on the Parties’ respective Properties. This article is intended to regulate the deployment, operation and parking of Dockless Bikes on Urbana’s Property only.
Sec. 23-302. – Lead agency.
By reason of the IGA and pursuant to the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), the Parties have delegated to one of them the authority to serve as the Lead Agency for purposes of managing the day-to-day affairs of the Joint Licensing Program consistent with the IGA. Except as otherwise provided in this article, Urbana authorizes the Lead Agency to undertake the following actions on Urbana’s behalf:
(a) Develop procedures, whether by Regulation or otherwise, concerning the application for and issuance of Licenses to duly qualified Bike Companies that seek to deploy Dockless Bikes and allow Users to operate and park Dockless Bikes on any of the Parties’ Property.
(b) Charge and collect from each Bike Company applicant a non-refundable application fee in such amount as the Parties agree, one quarter (1/4) of which the Lead Agency will remit to Urbana.
(c) Direct each Bike Company to which a License is issued to post a security deposit with each Party in such amount as the Parties agree prior to allowing the Bike Company to begin deploying its Dockless Bikes.
(d) Coordinate with the Parties jointly and separately to address concerns that one or more of them express regarding the licensing and regulation of Bike Companies and Users.
(e) Develop and implement policies and procedures for the disciplining of Bike Companies that violate any of the Parties’ Regulations.
(f) Carry out any lawful recommendation by a Party to suspend for a specified period of time or revoke a Bike Company’s License.
(g) Collect from each Bike Company licensee certain data and distribute the same to the Parties. Advise each Bike Company that any data required to be provided to the Lead
Chapter 23 / 5 Agency shall be shared with the Parties and that such data may be made available to the public through one or more Parties’ websites or through some other means as a Party deems reasonable and appropriate. Advise each Bike Company that any data which it provides to the Lead Agency and which the Lead Agency disseminates to any Party may be subject to production to a person who requests any or all of such data pursuant to the Freedom of Information Act (5 ILCS 140/1 et seq.).
(h) Review the overall operation and effectiveness of the Joint Licensing Program and provide a written summary of such findings to the Parties on an at least once a year basis.
(i) Undertake such other action as the Parties, may from time to time, delegate to the Lead Agency.
Sec. 23-303. – License required.
(a) No Bike Company shall deploy or allow Users to operate or park any of its Dockless Bikes on Urbana’s Property without first having secured a License from the Lead Agency. A Bike Company shall be required to maintain its License in full force and effect at all times the Bike Company deploys or allows Users to operate or park any of the Bike Company’s Dockless Bikes on any Party’s Property.
(b) A License issued to a Bike Company and any renewal thereof shall be valid from the date of issuance or renewal, as the case may be, to June 30 of the immediate following year.
(c) Each Bike Company’s submission of a License application to the Lead Agency shall include a non-refundable application fee in the amount set by the Lead Agency and the Lead Agency shall remit to Urbana one-quarter (1/4) of the said fee.
(d) Each Bike Company that obtains a License shall remit to Urbana a security deposit in the amount agreed upon by the Parties pursuant to the IGA.
(1) The Bike Company’s security deposit shall be tendered in the form of immediately available funds. Surety bonds, performance bonds, letters of credit, promissory notes, or the like will not be acceptable forms of security.
(2) Urbana, in its sole discretion, may deduct from a Bike Company’s security deposit in order to –
a. reimburse itself for any Expense Urbana incurs for enforcing that Bike Company’s compliance with this article; and/or
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b. pay any fine assessed by Urbana against the Bike Company for that Bike Company’s violation of any part of this article.
(3) In the event Urbana deducts any amount from a Bike Company’s security deposit as provided in subsection (d) of this section, Urbana shall provide written notice to the Lead Agency and the Bike Company of –
a. the reason for such reimbursement or fine payment;
b. the date when such reimbursement or fine was paid from the security deposit;
c. the amount of such reimbursement or fine;
d. in the case of a reimbursement, how such reimbursement was calculated;
e. the amount of the security on hand after deducting the fine and/or reimbursement therefrom, and
f. a request that the Bike Company replenish its security deposit as provided for in subsection (4) of this section.
(4) In the event that Urbana deducts any amount from a Bike Company’s security deposit as provided in subsection (d)(2) of this section, the Bike Company shall replenish the security deposit within seven (7) days of receipt of the notice provided for in subsection (d)(3) of this section. Such replenishment shall bring the then current security deposit on hand with Urbana to the security deposit amount which then current Bike Companies must tender to Urbana when applying for a new or renewing an existing License, whichever amount is larger.
(5) At least twenty-one (21) days prior to the expiration of a Bike Company’s License, Urbana shall notify the Lead Agency if the Bike Company’s security deposit posted with Urbana is less than the amount which the Bike Company is required to post and maintain with Urbana.
(6) No Bike Company’s License to deploy or allow Users to operate and/or park Dockless Bikes in Urbana shall be renewed until the Bike Company has replenished in full its security deposit with Urbana as hereinbefore provided.
(7) If at any time any amount is due and owing to Urbana by a Bike Company that exceeds the amount of the security deposit then on hand with Urbana, the Bike
Chapter 23 / 7 Company, in addition to replenishing its security deposit, shall tender to Urbana such excess amount then due and owing.
(8) Urbana, after applying any sums then due and owing to Urbana, if any, shall refund so much of a Bike Company’s security deposit that remains within sixty (60) days of any of the following events:
a. the revocation of a Bike Company’s License;
b. the expiration, without renewal, of a Bike Company’s License;
c. the Bike Company’s cessation of all operations in Urbana, Champaign or the University, whether voluntarily or involuntarily; or
d. the Parties’ termination of the IGA.
(9) Notwithstanding the foregoing, nothing in subsection (d) of this section shall be construed as limiting Urbana’s rights to recover from a Bike Company any sums due and owing by that Bike Company that arise out of Urbana’s enforcement of this article.
(10) Urbana shall not use one Bike Company’s security deposit to reimburse itself for any Expense or fine required to be paid or reimbursed by another Bike Company.
(e) This article shall not apply to any person that provides a bike share fleet in conjunction with that person’s operation of an apartment building, hotel/motel, academic unit, or place of employment for exclusive use by that entity’s tenants, guests, or employees, as the case may be.
Sec. 23-304. – Insurance.
(a) Prior to deploying or allowing any User to operate and/or park a Bike Company’s Dockless Bike, the Bike Company shall provide Urbana with one or more certificates which indicate that the insurance in the coverage amounts specified below is in full force and effect and that Urbana is named as an additional insured and certificate holder of that Bike Company’s insurance.
(b) Each Bike Company’s insurance coverage shall be equal to or in excess of the following:
Chapter 23 / 8 (1) General liability coverage: $1,000,000 per occurrence and in the aggregate which shall cover all Dockless Bikes and their operation and/or parking on any Party’s Property with coverage for personal injury, bodily injury and property damage.
(2) Workers’ compensation: Coverage that is compliant with all applicable State of Illinois statutes and regulations concerning worker’s compensation insurance.
(3) Vehicle insurance: Coverage of $100,000 per injury and $300,000 in aggregate; and
(4) Such other insurance coverage that the Lead Agency shall require.
(c) If a Bike Company intends to use any umbrella liability policy to satisfy some or all of the coverage limits required by this section, such umbrella coverage shall be as broad as the primary insurance coverage and without any limitations that are not present in such primary insurance policy or policies.
(d) If the Bike Company intends to use a self-insured retention/deductible program, the Bike Company must provide detailed written evidence of the Bike Company’s self-insurance retention program and/or deductible limits, as the case may be, and which are approved by the Lead Agency. The Bike Company shall provide Urbana with a writing signed by the Lead Agency which demonstrates that the Lead Agency has approved the Bike Company’s self-insured retention/deductible program.
(e) All insurance coverages required by this section shall remain in full force and effect at all times the Bike Company deploys and allows Users to operate and/or park its Dockless Bikes on any of the Parties’ Property.
Sec. 23-305. – Deployment of Dockless Bikes.
The maximum number of Dockless Bikes that a Bike Company may deploy in the Parties’ jurisdictions at any one time shall be no greater than as provided by agreement of the Parties.
Sec. 23-306. – Dockless Bike safety.
Each Bike Company shall –
(a) provide the Lead Agency with a written representation, warranty or, in lieu thereof, one or more certificates that the Dockless Bikes it intends to and will deploy or allow to be operated or parked on Urbana’s Property meet the safety standards outlined in the Code of Federal Regulations, Title 16, Chapter II, Subchapter C, Part 1512 – Requirements for Bicycles and the safety standards outlined in ISO 43.150 – Cycles, subsection 4210; and
Chapter 23 / 9
(b) assure that each Dockless Bike deployed, operated and or parked on any Party’s Property has a front white light and a rear red light that are in good working order at all times; and
(c) inform, through an application (commonly referred to as an “app”) accessible from a smartphone or similar mobile device, Users of the proper operation of its Dockless Bikes, Dockless Bike locking and unlocking procedures, and the Parties’ respective Dockless Bike parking restrictions; and
(d) remove any of its improperly parked Dockless Bikes within three (3) hours of notification during the peak periods hereinafter provided and within twelve (12) hours of notification during off-peak periods; with peak periods including:
Monday through Thursday: 8:00 a.m. – 6:00 p.m. Friday: 8:00 a.m. – 10:00 p.m. Saturday: 12:00 noon – 10:00 p.m.
(e) provide a method for both its Users and non-Users to notify the Bike Company of its unsafe, damaged and/or improperly parked Dockless Bikes, including, but not necessarily limited to, placement of the Bike Company’s local telephone number and website address on each of the Bike Company’s Dockless Bikes; and
(f) immediately deactivate its unsafe and damaged Dockless Bikes upon notification and confirmation of such condition and shall remove such Dockless Bikes within the time periods provided in subsection (d) of this section; and
(g) maintain a local contact available during the hours of 8:00 a.m. through 6:00 p.m., Monday through Friday, and provide each Party with the Bike Company’s local contact information which shall, at a minimum, include contact person’s name, physical address, telephone number, and e-mail address which can be contacted by a Party during the aforesaid working hours; and
(h) provide, on a 24-hour, 365 days basis, a means for Users, non-Users and the Parties to leave voice and electronic messages during times when the Bike Company’s contact is unavailable.
Sec. 23-307. – Data requirements.
Each Bike Company, on a monthly basis, shall provide the Lead Agency with such aggregate data as the Parties agree should be provided and such data shall provided in the manner requested, for the time period specified, on a date specified by the Lead Agency.
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Sec. 23-308. – Parking of Dockless Bikes.
(a) The City Engineer shall have the authority, from time to time, to designate those areas on Urbana’s Property where Dockless Bikes may be parked. The City Engineer shall provide written notice to the Lead Agency and to each Bike Company that has applied for a License where Dockless Bikes may be parked on Urbana’s Property, or in the alternative where Dockless Bikes may not be parked.
(b) Dockless Bikes may not be parked on –
(i) Urbana’s Property unless such Property has been designated as available for parking Dockless Bikes; and
(ii) private property without the private property owner’s consent or that owner’s tenant’s consent.
(c) Urbana shall have the right and authority to remove or relocate, at the Bike Company’s Expense, any Dockless Bike that –
(i) is improperly parked if the Bike Company fails to remove or relocate its Dockless Bike to a place designated for Dockless Bike parking as provided in subsection 23- 306(d) of this article; or
(ii) is parked in a manner that threatens public life, health or safety without waiting for the applicable time period provided in subsection 23-306(d) of this article to expire.
(d) Notwithstanding anything to the contrary contained in this article, a private property owner shall have the right and authority to designate where on the owner’s private property Dockless Bikes may be parked. If no such designation is made, the private property owner shall be assumed to have prohibited the parking of Dockless Bikes on the owner’s property. In the event a private property owner elects not to allow the parking of Dockless Bikes on that owner’s private property or the owner finds a Dockless Bike parked on the owner’s property in a place other than that which has been designed for the parking of Dockless Bikes, the owner shall have the right to relocate the Dockless Bike to any part of Urbana’s Property where Dockless Bike parking is permitted. Notwithstanding anything to the contrary contained in this article, a private property owner shall have the right to dispose of any Dockless Bike improperly parked on the owner’s property if, after giving notice to the Bike Company and the passage of the applicable time limits provided in subsection 23-306(d) of this article, the Bike Company fails to remove its Dockless Bike from the owner’s private property.
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(e) Without notice to the Bike Company, any person may relocate to the closest area where Dockless Bike parking is permitted on Urbana’s Property any Dockless Bike which is found to be improperly parked or where such Dockless Bike reasonably presents a threat to human life, health or safety.
Sec. 23-309. – Indemnification.
Any Bike Company that deploys and/or allows one or more Users to operate and/or park said Bike Company’s Dockless Bikes on Urbana’s Property shall be deemed to indemnify, hold harmless and defend Urbana from and against any and all actions, causes, claims, liabilities, judgments, damages, rights, or remedies asserted against Urbana or any of its elected or appointed officers, employees, agents, representatives, successors, and assigns which arise out of or are directly or proximately caused by any intentional, willful, wanton, grossly negligent, or negligent act, omission or wrongdoing by that Bike Company or any of its officers, directors, managers, employees, agents, representatives, and/or assigns. Each Bike Company applying for a License shall execute an indemnity agreement which may be part of or which accompanies the Lead Agency’s application for License.
Sec.23-310. – License suspension, revocation, fine; appeal.
(a) For any Bike Company’s violation of this article, Urbana may
(1) impose a fine in a specific amount as provided in Urbana’s minimum schedule of fines appearing in Urbana City Code section 1-18 for each such violation; and/or
(2) recommend to the Lead Agency that the Bike Company’s License be suspended for a specified period of time; or
(3) recommend to the Lead Agency that the Bike Company’s License be revoked.
(b) Prior to the imposition of any fine on a Bike Company or making a recommendation to the Lead Agency to suspend a Bike Company’s License for a specific period of time or revoke a Bike Company’s License, the City Engineer shall provide written notice of violation to the Bike Company which shall include –
(1) the nature of the alleged violation and the date, time and location where the alleged violation occurred or was observed as occurring, as the case may be;
(2) the specific section of this article which has been violated;
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(3) a statement that the Bike Company may request a public hearing before the City Engineer and that any such request must be made in writing and received by the City Engineer within fourteen (14) calendar days of the date of the notice of violation; and
(4) a statement that the Bike Company may have legal counsel represent its interests at such public hearing.
(c) If the Bike Company wishes to have a public hearing, the Bike Company must send a written request for such hearing to the City Engineer and that request must be received by the City Engineer no later than fourteen (14) calendar days following the date first appearing on the Bike Company’s notice of violation. If a public hearing is requested, the City Engineer shall notify the Bike Company and its attorney, if any, of the date, time and location of such public hearing.
(d) If a Bike Company has timely requested a public hearing, the City Engineer shall notify the Bike Company of the date, time and location when the hearing shall occur. At such public hearing, Urbana shall present such information as is relevant to the allegations stated in the notice of violation and the Bike Company, whether directly or through its attorney, may present information to rebut such allegations. The participants shall be entitled to make brief opening and closings statements, present such evidence as may be relevant to the disposition of the matter, and have the opportunity to cross-examine the other participant’s witnesses. Neither the City nor the Bike Company shall be bound by the formal rules of evidence.
(e) Within no more than fourteen (14) calendar days following the public hearing provided for in subsections (c) and (d) of this section, the City Engineer shall provide the Bike Company with a written determination on the matter. The written determination shall inform the Bike Company that:
(1) If a fine will be imposed on the Bike Company, the amount of such fine.
(2) If the City Engineer concludes that the Bike Company’s License should be suspended for a period of time, the City Engineer will so advise the Lead Agency.
(3) If the City Engineer concludes that the Bike Company’s License should be revoked, the City Engineer will so advise the Lead Agency.
(4) The Bike Company has a right to appeal to the Mayor the City Engineer’s adverse determination and if the Bike Company elects to do so, that a written notice of appeal must be received by the City Engineer no later than fourteen (14) calendar
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days following the date first appearing on the City Engineer’s written determination.
(5) If the Bike Company fails to provide the City Engineer with a timely notice of appeal, the City Engineer’s decision will become final.
(f) If the City Engineer receives a timely request to appeal from the Bike Company or its attorney, the Mayor or the Mayor’s designee, other than the City Engineer, shall schedule a hearing on the appeal. The Mayor shall send a written notice of the date, time and location when the appeal hearing will be held and that the Bike Company may be represented by an attorney at such appeal hearing.
(g) The Mayor shall conduct the appeal hearing at the date, time and location provided for in the Mayor’s notice to the Bike Company. At such appeal hearing, Urbana and the Bike Company shall be heard insofar as whether the City Engineer’s adverse determination should be vacated or modified. Neither participant in the appeal shall be permitted to present evidence not presented during the public hearing before the City Engineer. Within fourteen (14) days of completion of the appeal hearing, the Mayor shall notify the Bike Company of the Mayor’s determination which may be affirmance, vacating or modifying the City Engineer’s determination.
(h) The City Engineer’s or the Mayor’s determination, as the case may be, shall be deemed final.
(i) If the City Engineer’s or the Mayor’s determination, as the case may be, recommends that the Bike Company’s License be suspended or revoked, the City Engineer shall notify the Lead Agency of such outcome. Pursuant to the IGA, the Lead Agency shall suspend or revoke the Bike Company’s License as recommended by Urbana.
(j) If the City Engineer’s or the Mayor’s determination, as the case may be, is that a fine be imposed on the Bike Company, Urbana shall have the right to pay such fine from the Bike Company’s security deposit as provided in section 23-303(d) of this article. If the Bike Company’s security deposit on hand at the time the fine is assessed is insufficient to pay the fine in full, Urbana shall have the right to pursue any and all remedies which are available to Urbana including, but not necessarily limited to, initiating and maintaining an action in the Circuit Court for the Sixth Judicial Circuit, Champaign County, Illinois to collect payment of such fine.
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Sec. 23-311. – Compliance with local traffic code and State of Illinois law.
Users of Dockless Bikes shall comply with Urbana’s Local Traffic Code (Urbana City Code Chapter 23) and the laws of the State of Illinois pertaining to the operation of bicycles generally. The penalties for a User’s operation of a Dockless Bike in violation of Urbana’s Local Traffic Code and/or the laws of the State of Illinois pertaining to the operation of bicycles generally shall apply to Users of Dockless Bikes.
Sec. 23-312. – Fine amount.
A fine may be imposed on a Bike Company of no more than $100 for each day the violation existed after having been notified of the violation.
Section 23-313. – Authority to regulate; sunset provision.
(a) In the event that the Lead Agency fails or declines to undertake one or more of its duties as provided in the IGA, Urbana shall have the authority to undertake each such duty regarding Bike Companies’ deployment of and Users’ operation and/or parking of Dockless Bikes on Urbana’s Property.
(b) Urbana retains the authority to regulate Bike Companies’ deployment of and Users’ operation and parking of Dockless Bikes on Urbana’s Property to the extent any such Regulation does not directly conflict with the terms and conditions contained in the IGA so long as the IGA remains in full force and effect and Urbana remains a Party thereto.
(c) This article shall automatically sunset, absent action by the Urbana City Council to the contrary, at the earlier of –
(1) The Lead Agency elects to no longer serve as Lead Agency and the Parties fail to agree on another Party to serve as Lead Agency; or
(2) A Party withdraws from the IGA; or
(3) The IGA expires without renewal; or
(4) The Parties agree to terminate the IGA before it otherwise may expire.
(d) Nothing in this section shall be interpreted as limiting Urbana’s right and authority to continue regulating Bike Companies’ deployment of and Users’ operation and parking of Dockless Bikes on Urbana’s Property in the manner provided for in this article or as the Urbana City Council otherwise deems appropriate in a duly approved ordinance.
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Permit Application Instructions
Dockless Sharing vehicles 2019 permit
The following is the Permit Application Instructions for dockless vehicle companies applying for a public space permit to operate in the District of Columbia.
I. Introduction The District Department of Transportation (DDOT) is responsible for enhancing the quality of life for residents and visitors through the safe and easy movement of people, goods, and services within the District of Columbia. The agency envisions the nation’s capital as an example city of how more sustainable travel practices, safer streets and outstanding access to goods and services enhances the city’s quality of life. Central to accomplishing this is the support for and proliferation of efficient modern mobility that provides alternatives to single occupancy driving in the city. The District is committed to creating these active transportation options to move people in more sustainable ways.
DDOT has helped lead this change in partnering with the private sector to provide innovative transportation options including the DC Streetcar, DC Circulator, and Capital Bikeshare, each an inexpensive mode of transportation allowing for increased mobility options and create additional access. DC Streetcar is part of a planned 13-mile track expansion across the city, and DC Circulator and Capital Bikeshare are particularly impactful in the Central Business District as well as in neighborhoods on the perimeter of the city. In addition, DDOT has created new permitting schemes for on-street parking spaces for private carsharing companies.
DDOT continues to pilot and regulate innovative ways to support active transportation. This permit application responds to resident and industry interest in a formal permit process for dockless bikes and scooters in the District of Columbia.
II. Demonstration Period DDOT’s dockless demonstration was designed to provide the opportunity to observe a new form of shared mobility and its potential advantages, while managing competing demands for public space and prioritizing public interest. The first phase of the demonstration began in September 2017 and operated through April 2018. This initial period was extended to August 2018 after showing some promise but inconclusive results. A modified demonstration period with additional requirements (including a lock-to mechanism for bicycles) started in September 2018. The initial demonstration period will conclude in December 2018 and DDOT intends to establish a longer- term demonstration program in January 2019. The longer-term program anticipates one-year permits to be issued to companies who can demonstrate their commitment to the District’s sustainable mobility and safety objectives.
III. Goals DDOT encourages the integration of private alternative modes of transportation and the consideration of city and agency guiding documents informing this subject. A successful dockless vehicle program will help:
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1. Increase mobility options and ridership for all residents of the District of Columbia; 2. Manage public space to ensure continued safe and shared use of the public right of way; 3. Promote equity in transportation access across the District; 4. Practice safe service delivery and contribute to the achievement of Vision Zero goals; 5. Establish baseline and transparent data sharing for program evaluation and continuous active transportation improvements; and 6. Contribute the District of Columbia’s vision of being a sustainable, resilient and livable city.
IV. Definitions The following terms, phrases, words, and their derivations, shall have the meaning given below, unless more specifically defined in this application.
Publicly Accessible Dockless Vehicle Sharing Program: means a program to rent bicycles, motorized bicycles, or electric scooters for short-term one-way trips without the installation of any infrastructure within the District other than the deployment of vehicles.
Dockless Sharing Vehicle: means a dockless bicycle or dockless electric scooter that is available to rent in the public right-of-way through a rental system that does not include the installation of docking stations in the public right-of-way. The term “dockless sharing vehicle” does not include a motor vehicle, motorcycle, low-speed vehicle, or a motor-driven cycle, as defined in 18 DCMR 9901, or an all-terrain vehicle as defined in D.C. Official Code § 50-2201.02(2).
Dockless Bicycle: means a bicycle or motorized bicycle that is available to the public for rental through a rental system that does not include the installation of docking stations in the public right-of-way. A dockless bicycle shall be a bicycle as defined in D.C. Official Code §50-1609(1), or motorized bicycle as defined in D.C. Official Code §50-1108 and 18 DCMR 9901.
Dockless Electric Scooter: means a motorized standing scooter with tandem wheels that is available to the public for rental purposes that does not require any specialized installations of equipment other than the vehicle itself. Dockless electric scooters can be located and unlocked using a smartphone application, or by manually entering a customer’s account number. A dockless electric scooter shall be considered a personal mobility device, as defined in D.C. Official Code § 50-2201.02(13).
Dockless Vehicle Parking Area: means the following areas where dockless vehicles may be parked, provided that a minimum 5-foot clear zone for pedestrians is maintained at all times:
1. On a public sidewalk; 2. In the public right-of-way between the sidewalk and the curb; and
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3. At a bike rack, if the bike rack is located in the public right-of-way but somewhere other than a public sidewalk, or the public right-of-way between the sidewalk and the curb.
Lock-to: means the method by which a dockless sharing vehicle, when available for rental purposes and parked in public space, must be affixed and locked to an appropriate piece of infrastructure in public space that is separate from the bicycle.
Image 1: lock-to examples
V. Guiding Documents The District of Columbia has established itself as a progressive city determining ideas and programs that bolster the livability of its neighborhoods. The District Code of Municipal Regulations (DCMR) is the legal document that undergirds DDOT’s authority in regulating public space and transportation safety.
In the DCMR, the most relevant policy and regulatory framework that govern dockless sharing vehicle operations are codified in Title 18 – Vehicles and Traffic and Title 24 – Public Space and Safety.
Applicants should refer to the following guiding documents for more information:
a. DCMR Titles 18 and 24 Title 18 Vehicles and Traffic provides guidelines on traffic regulations, motor vehicles, and bicycles in the District of Columbia. Most guidance on bicycle use such as required bicycle safety equipment and appropriate bicycle parking can be found in Chapter 12.
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Title 24 Public Space and Safety provides clear direction on the use of public space, including sidewalks, and public right-of-way occupancy permits.
Applicants should refer to both titles for further information.
b. Vision Zero Initiative The District of Columbia aims to reduce fatalities and serious injuries to zero by 2024. Showcasing effective local actions, empowering local leaders to take action, and promoting partnerships to advance pedestrians, bicycle, and dockless shared vehicle safety will improve safety for all those who use public space.
c. MoveDC This long-range planning document is a blueprint for how the Districts transportation network can support anticipated growth through 2040, while also addressing the District’s current transportation needs. The recommendations in MoveDC offer residents, visitors and commuters a reliable transportation system that increases transportation options throughout the city.
Shared dockless vehicles can be part of expanding transportation choices and increasing equitable access across the entire District of Columbia
d. SustainableDC
A twenty-year plan to make DC the healthiest, greenest and most livable city in the United States. The plan sets goals to significantly increase resident use of alternative modes of transportation, reduce pollution, and lower obesity rates across all eight wards.
Dockless sharing vehicles can contribute to transportation mode share and increase health outcomes for District residents.
VI. Permit Application Questions Please provide a PDF document in response to the Permit Application. The document should include all numbered sections and questions from the Permit Application, with written responses to each question. Failure to respond to all questions may result in the applicant’s disqualification. Applicants may submit supplementary material, such as images, as separate attachments when appropriate. Responses to application questions (including images and other attachments) should not exceed fifty (50) pages, exclusive of the Additional Application Materials described in Section VII of these Instructions and the draft Operational Plan requested in Section 2, Question 3 of the Application.
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VII. Additional Application Materials As part of a complete permit application, applicants must submit the following additional documents:
a. Proof of Insurance – Applicant should maintain commercial general liability insurance in the amount of $1,000,000 per occurrence and worker’s compensation insurance for at least $100,000 per employee. Insurance companies must be licensed by the DC Department for Consumer and Regulatory Affairs (DCRA). The Certificate Holder’s name and address are:
The Government of the District of Columbia Office of Risk Management 441 4th Street, NW, Suite 800 South Washington, DC 20001
b. Basic Business License – Giving the applicant license to operate in the District of Columbia. Additional information can be found on DCRA’s website: www.dcra.dc.gov.
c. Clean Hands Certificate – Confirming the applicant does not have any outstanding tax liability to the District of Columbia. Additional information and instructions on how to obtain a clean hands certificate can be found on the Office of Tax and Revenue’s website: www.otr.dc.gov.
VIII. Fleet Growth Fleet increase requests will be assessed on a quarterly basis. The District of Columbia will monitor dockless sharing vehicles’ use in public space and reward reasonably good stewardship of public space, vehicle safety and maintenance, and adherence to data sharing conditions. Companies can start their fleet size at 600 vehicles per type (e.g., 600 bicycles and 600 scooters, if a company were operating both vehicle types). Increases of up to 25% per quarter based on the company’s starting fleet size may be allowed at DDOT’s discretion.
IX. Program Fee Structure Companies are required to pay the following fees:
Type of Fee Amount Initial Permit Fee $250 Application Fee per Permit $50 One-time Technology Fee $25
Annual Fee* $100
Bond** $10,000
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* This is an annual fee paid in the following years after the initial permit fee.
** Applicants will be required to pay an annual and refundable $10,000 bond to DDOT for clearing dockless sharing vehicles that are parked illegally or have otherwise remained an obstruction in the public right of way.
Each dockless sharing vehicle in the fleet will also be assessed a fee based on when during the 12- month permit period it was introduced into the public space.
Month of First Operation Per Vehicle Fee
January $60 February $55 March $50
April $45 May $40 June $35 July $30 August $25 September $20 October $15 November $10
December $5
X. Application Submission Process Dockless Sharing Vehicles Permit Applications must be received by DDOT no later than 5:00 p.m. EST on November 19, 2018. Completed applications can be submitted in person, by mail, or electronically. Hard-copy applications can be delivered or mailed to:
District Department of Transportation c/o Dockless Sharing Vehicles Program 55 M Street, SE, Suite 700 Washington, DC 20003
Alternatively, applications can be electronically submitted to [email protected].
Late or incomplete applications will not be reviewed.
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XI. Application Evaluation DDOT will select successful permit holders through an application process. A review panel will review the applications received by the submission deadline. Applicants who meet all requirements, sign a Terms and Conditions agreement with DDOT, and can best demonstrate that they are qualified to achieve the program goals and execute a publicly accessible dockless vehicle sharing program, will be granted a public right-of-way permit.
DDOT anticipates issuing up to ten (10) permits for calendar year 2019, across all dockless vehicle types (bicycles, motorized bicycles, and electric scooters). DDOT reserves the right to issue fewer than 10 permits (or no permits) if fewer than 10 applicants submit acceptable permits. DDOT also reserves the right to issue more than 10 permits, if the application review process identifies more than 10 qualified applicants.
DDOT anticipates completing the application review process and notifying applicants of decisions by December 14, 2018.
XII. Next Steps and Permit Issuance
DDOT will direct each qualified applicant to sign a terms and conditions agreement and pay applicable permit fees prior to issuance of a Public Right-of-Way Occupancy Permit (see the sample agreements for bicycle and scooter permits referred to in Section XIII, Appendix).
XII.XIII. Appendix a. Samples of Terms and Conditions Agreement b. Examples of Preferred Data Tables Format
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