R18-098 1 RESOLUTION NO. R18-098
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 MAYOR TO SIGN AN AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH AND BOYNTON BEACH
7 BIKESHARE LLC., FOR THE FINANCING,
8 IMPLEMENTATION, MANAGEMENT, OPERATION
9 AND MARKETING OF A SELF-SERVICE BIKE
10 SHARING SYSTEM; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13
14 WHEREAS, a bike-sharing system is an automated system in which bicycles are
15 made available for shared use via membership subscriptions or short-term rentals to
16 individuals who do not own them; and
17 WHEREAS,establishing a bike-sharing system will help to achieve the City's goals
18 of increasing mobility, expanding transportation options, promoting active lifestyles,
19 reducing traffic congestion, and reducing greenhouse gas emissions; and
20 WHEREAS, the Agreement is for a docked system wherein bikes are checked out
21 and returned to permanent docking stations.
22 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission approves and authorizes the Mayor to sign an
29 Agreement with Boynton Beach Bikeshare LLC., for the financing, implementation,
30 management, operation and marketing of a self-service bike sharing system, a copy of the
31 Agreement is attached hereto as Exhibit"A".
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32 Section 3. This Resolution shall become effective immediately upon passage.
33 PASSED AND ADOPTED this 7th day of August, 2018.
34 CITY OF BOYNTON BEACH, FLORIDA
35
36 YES NO
37
38 Mayor— Steven B. Grant
39
40 Vice Mayor—Christina L. Romelus
41
42 Commissioner—Mack McCray
43
44 Commissioner—Justin Katz /
45
46 Commissioner—Joe Casello
47
48
49 VOTE
50 ATTEST:
51
52
53 i/ • ` '
54 Judith/. Pyle, CMC
55 City erk
56
57
58 (Corporate Seal)
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CITY OF BOYNTON BEACH,FLORIDA
CORPORATE PARTNERSHIP PROGRAM
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH
AND
BOYNTON BEACH BIKESHARE LLC
FOR
THE FINANCING, IMPLEMENTATION,MANAGEMENT, OPERATION AND
MARKETING OF A SELF-SERVICE BIKE SHARING SYSTEM
AGREEMENT
BETWEEN CITY OF BOYNTON BEACH
AND BOYNTON BEACH BIKESHARE LLC
FOR THE FINANCING, IMPLEMENTATION,MANAGEMENT AND
OPERATION OF A SELF-SERVICE BIKE SHARING SYSTEM
This Agreement (Agreement), effective upon execution by authorized
representatives of both parties (Effective Date), is made and entered into by and
between the City of Boynton Beach,Florida (CITY), a Florida municipal corporation
with its principal place of business located at 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435, and Boynton Beach Bikeshare LLC("BBB LLC"), a
Florida corporation with its mailing address at 33 West 26th Street,5t°Floor,New York,
NY 10010(collectively, the Parties).
WHEREAS, the CITY's has expressed an interest in assisting BBB LLC to develop and
fund a bicycle sharing program for use and enjoyment in the City of Boynton Beach;and
WHEREAS, the CITY mobility, sustainability, health, economic, and social goals
support policies that will help bicycling become a more viable alternative mode of
transportation, to connect to transit, and for recreation, including providing safe, convenient,
and adequate short-term and long-term bicycle parking facilities and other bicycle amenities
for employment, retail,multifamily housing, schools and colleges, and transit facility uses;
providing bicycle facilities and amenities to help reduce the number of vehicle trips; and
investigating the potential for bike sharing stations/programs in medium/higher density areas;
and
WHEREAS,bike sharing programs tend to provide affordable access to bicycles for short-
distance trips in urban areas, to provide an alternative to motorized public transportation or
private vehicles,to help reduce traffic congestion, parking congestion, noise,and air pollution,
to connect users to public transit networks, to address some of the primary disadvantages to
bicycle ownership such as loss from theft or vandalism, lack of parking or storage, and
maintenance, and are a favorable amenity for visitors;and
WHEREAS,the June 2012 report issued by the Mineta Transportation Institute,"Public
Bike sharing in North America: Early Operator and User Understanding,"found that bike sharing
results in fewer vehicle miles traveled, reduces greenhouse gas emissions, and creates green
jobs related to system management and maintenance;and
WHEREAS,the BBB LLC is interested in working with the CITY to develop a bike
sharing program(Program)based upon the following goals:
• Provide a transportation alternative to driving for Boynton Beach residents,
commuters, and visitors;
• Facilitate an increase in transit use by providing a last-mile solution for
commuters;
• Contribute in the reduction of vehicle trips and traffic;
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• Make bicycle travel a viable option for people without bikes or place to store
bikes;
• Encourage new bicycle commuters;
• Promote commerce in the City of Boynton Beach by enhancing access to
business,shopping, dining and entertainment venues;
• Create an integrated system that can expand to other areas of the region;and
WHEREAS, the CITY hereby agrees to make all reasonable efforts to assist BBB
LLC to secure and procure all governmental approvals, permits, authorizations, filings and any
other required governmental consent;and
WHEREAS, absent this Agreement, the CITY would otherwise be responsible for
providing all necessary funding for the creation,implementation and operation of the Program;
and
WHEREAS, BBB LLC will provide funding and management oversight for the Program
pursuant to the terms of this Agreement and has engaged a team of professionals that specialize
in the design, development,manufacture and operation of public bike sharing programs and
systems for municipalities and other entities and currently operates bike sharing systems in
various municipalities; and
WHEREAS, BBB LLC submitted a proposal which demonstrates both its interest and
ability to fund the program, and which has contracted with a qualified and experienced team to
implement,manage and operate a self-service bike sharing system within the CITY boundaries;
and
WHEREAS.the CITY has determined that BBB LLC's proposal meets the objectives of
and is otherwise in the best interests of the CITY;
NOW THEREFORE,in consideration of the mutual covenants and conditions set forth
herein,and for good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged,the Parties agree as follows:
Section 1 Scope
BBB LLC agrees to be responsible for the design, implementation, management,
operation and maintenance of a self-service Bike sharing System within the boundaries of the
CITY subject to the terms and conditions set forth in this Agreement. In connection with the
Bike sharing System, BBB LLC shall have the right to be designated and referred to as an
"Official Bike sharing Partner of the City of Boynton Beach."
Section 2 Definitions
For the purpose of this Agreement, the following terms shall have the following
meanings:
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"Alternative Site Locations" shall mean Bike sharing Stations placed on private
property, in another municipality's right of way, or on property that is controlled or managed
by an entity other than the CITY.
"Average Program Usage" (APU) shall mean the average number of bicycle trips per
day per Kiosk during a given calendar month.
"Average Theft-Vandalism Rate" (ATVR)shall mean the average number of acts of
theft or vandalism per Kiosk during a given calendar month.
"Bike sharing Station" or "Station" shall mean the following items located within a
Station Area:docking structure, Kiosk,map display and system bicycles.
"Bike sharing System" or"System"shall mean an automated system in which bicycles
are made available for shared use via membership subscriptions or short-term rentals to
individuals who do not own them. As used herein, Bike sharing System shall specifically
mean the Bike sharing System that is the subject of this Agreement.
"City" shall mean the City of Boynton Beach.
"Contract Year" shall mean a 365-day period commencing on the month and day
of the first Operational Rollout or anniversary thereof.
"Effective Date" shall mean the date this Agreement has been signed by both parties and
approved by the CITY Attorney.
"High-Risk Station Area" shall mean any Station Area that experiences a rate of theft
and/or vandalism that is higher by 50% or more than the Average Theft-Vandalism Rate; or
as may otherwise be reasonably demonstrated by BBB LLC and agreed to by CITY.
"Implementation Plan" shall mean the plan prepared by BBB LLC and approved by
the CITY for installation of the Station Areas and Operational Rollout,as described in Section
6.
"Kiosk"shall mean the physical structure and housing for the automated payment
terminal at which users can access the Bike sharing System with a membership card, pay for a
rental with a credit or debit card,and receive information about the Bike Sharing System and its
sponsors.
"Kiosk Displacement" or"Station Displacement" shall mean the removal of a Kiosk or
Station from an existing and approved Station Area for reasons beyond the control of BBB LLC.
"Marketing Plan" shall mean BBB LLC's plan for marketing the Bike sharing System,
referenced in Section 6.6.
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"Membership Reciprocity"shall mean the permission granted to membership subscribers
of the Bike Sharing System(not walk-up renters)by BBB LLC to access other bike sharing
programs operated by BBB LLC and/or its affiliates in other municipalities without additional
charge.
"Membership Subscription" shall mean a one-time or recurring membership that
provides a user access to the Bike sharing System for an unlimited number of times per day,for
a limited period of time for each use,during the term of the membership.
"Operational Ceiling" shall mean the maximum number of bicycles permitted to be
operating and available to the public at any time under the terms of this Agreement.
"Operational Rollout" shall mean the day on which the majority of the Bike sharing
Stations for a particular phase of the implementation are made generally available to the public.
BBB LLC or its contracted operations team shall provide the CITY thirty(30)days prior written
notice of the date for an Operational Rollout.
"Site List" shall mean the list of Station Area locations that is included as part of the
Implementation Plan and approved by the CITY.
"Site Plan"shall mean the general plan for the placement of equipment at a Bike sharing
Station,as shown in Exhibit 4.2.4.
"Sponsorship" shall mean an agreement for provide financial support for the Bike sharing
System that may include the right to sponsor identification through display of the sponsor's logo,
name,and/or slogan at one or more Bike sharing Stations as shown in Exhibit 6.7 or otherwise
in conjunction with the Program.
"Station Area" shall mean any of the sites designated for location of a Bike sharing
Station.
"Station Service Zone" shall mean the geographical scope of the Bike sharing System,
and shall include all Station Areas within the CITY boundaries.
"Underutilized Station Area"shall mean any Station Area that falls below 50%or less of
the Average Program Usage,or based on other measures reasonably demonstrated by BBB LLC
and agreed to by CITY.
Section 3 Term
3.1 Term. This Agreement shall commence on the Effective Date and shall end
ten (10)years from the date of Operational Rollout for the first phase of implementation (Phase
I Operational Rollout).
3.2 Date and Notice of Phase I Operational Rollout. Date and Notice of Phase I
Operational Rollout shall take place no later than nine (9) months from the Effective Date of
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this agreement. BBB LLC shall provide the CITY with at least thirty (30) days prior written
notice of the date for Phase Operational Rollout.
3.3 Extension of Time for Phase I Operational Rollout. Should BBB LLC
experience delays beyond its control while attempting to obtain materials, permits or other
needed governmental approvals,the CITY shall extend the time for the Phase I Operational
Rollout upon BBB LLC's written request including the reason for the request, the anticipated
period of time requested,and documentation of the delays.Any such extensions shall not exceed
six (6)months in total.
3.4 Renewal. This Agreement shall be automatically renewed on the same terms
and conditions specified in this Agreement for up to two (2) additional five (5) year terms,
absent an Event of Default attributable to BBB LLC that is continuing at the time of such
renewal or Termination as contemplated herein.
Section 4 Bike sharing System Requirements
It is the intent of the CITY and BBB LLC in entering into this Agreement to develop
and promote a Bike sharing System in accordance with acceptable industry standards.
4.1 Bike sharing System. BBB LLC shall be responsible for the design and
implementation of the Bike sharing System for the provision of bike sharing
services and rentals at automatedself-service Kiosks offering both short-term
rentals and membership subscriptions, and using the rates, hours, and
equipment, as provided in this Agreement.
4.2 Bike sharing Equipment. BBB LLC shall, at its sole cost and expense,
provide all of the equipment reasonably necessary for the operation of the
Bike sharing System, including docking structures, Kiosks, map displays
and System bicycles.
4.2.1 Kiosks and Docking Structures. BBB LLC shall, at its sole cost
and expense, fabricate, construct, and install (or cause to be
fabricated,constructed,and installed) Bicycle Stations with Kiosks
and docking structures within designated Station Areas, generally
as depicted in Exhibit 4.2.4. BBB LLC shall be responsible for
preparation of any and all plans and specifications for same.
BBB LLC shall be responsible for obtaining all required
governmental approvals and compliance with all applicable laws
and regulations
4.2.2 Bicycles. BBB LLC shall provide bicycles of the type and meeting
the specifications as set forth in Exhibit 4.2.2, attached hereto,in
the number set forth in the Implementation Plan. The bicycles
shall at all times be equipped with the working components
5
necessary to work with the docking stations and be a functional part
of the Bike sharing System.
4.2.3 Bicycle Helmets. BBB LLC shall develop and implement a
strategy for promoting the use of bicycle helmets, including, for
example, free helmets with membership subscriptions, discount
coupons for the purchase of helmets, and low-cost helmets
available for sale at nearby retail outlets.
4.2.4 Placement of Equipment. BBB LLC shall locate the Kiosks,
docking stations, and bicycles within each individual Station Area
substantially in accordance with the Site Plan to be developed by
BBB LLC and approved by the CITY for that Station Area. (Sec
Exhibit 4.2.4 attached hereto for a typical configuration.) The
Parties agree and acknowledge that the docking structures
are modular and can be expanded as needed on a site-by-site
basis, and such expansion shall not constitute a malaial deviation
from the Site Plans. Docking stations, in general, will range from
a capacity of 16 to 32 docks each. BBB LLC shall not materially
deviate from the approved Site Plan and Site List without the prior
written consent of the CITY.
4.2.5 BBB LLC may change the design of the equipment provided that
such changes do not appreciably diminish the quality or
performance of the equipment or of the Bike sharing System. Any
other changes shall require the written consent of the CITY.
4.3 Equipment Upgrades. BBB LLC may desire to add new technologies or equipment
that are not contemplated in this Agreement. In addition to Section 4.2.5, in the
event BBB LLC determines a different type of equipment or technology should be
used in the System,BBB LLC shall make a request in writing to the CITY outlining
the proposed new equipment or technologies and the advantages for as well as any
potential disadvantages to their implementation. The CITY shall use reasonable
efforts to approve or deny such request within thirty(30)days.In the event such a
request is denied,the CITY shall provide a detailed explanation stating why such
changes or addition of new equipment or technology should not be implemented.
BBB LLC shall implement approved equipment or technology at its sole cost.
4.4 Station Area Signage. Each Station Area,with City's consent,shall include a two-
sided advertising/sponsorship panel with the specifications and generally placed
as shown in Exhibit 4.4. The advertising panel and advertising space on the
Kiosk shall be used primarily for advertising purposes as BBB LLC may deem
appropriate or advisable within all applicable and valid regulations. The
advertising space may also be used to promote the Bike sharing System or
traffic or bicycle safety. These Advertising/sponsorship panels may be lit at night
to increase the visibility of the Station.
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Section 5 Selection of Station Area Sites aand Community Outreach
Subject to the CITY's approval as provided herein, BBB LLC shall determine the
number,location.and size of the Bike sharing Stations using the information gained from the
analysis set forth below.
5.1 Station Area Analysis. BBB LLC shall conduct, or cause to be conducted,
the following analysis to identify locations for Bike sharing Stations:
• Establish a general service grid that interfaces with existing bicycle infrastructure
and master plans and takes into consideration proximity to other forms of public
transportation including bus,trolley, and train stops, as well as parking garages
and commuter parking lots
• Target areas with high density residential and commercial uses including areas
with dense retail and food and beverage establishments
• Identify sites where bike sharing may provide a practical transportation
alternative including shopping centers,grocery and drug stores,banks, retail,
entertainment,major hotels,major multi-family residential developments,and
public attractions such as parks, beaches and museum
• Assess the visibility and accessibility of the location
• Bike sharing stations will not be permitted in single family residentially zoned
areas
5.2 Outreach. In the first sixty (60) days following the Effective Date,the CITY
may request that BBB LLC participate in public presentations, workshops, or
community meetings, as needed for review and input from relevant stakeholder
and community groups. BBB LLC shall summarize the public input BBB LLC
receives and provide it to the CITY with the proposed Implementation Plan.
5.3 Map and Site Visits. Within sixty(60) days following the Effective Date,BBB
LLC shall conduct site visits and shall photograph and plot all identified potential
Station Area locations, and work with the CITY to identify and resolve any
conflicts or issues for each potential site.
5.4 Site List. BBB LLC shall provide the CITY with a list of proposed Station Areas
for its review and approval. BBB LLC shall include the map and list of Station
Area locations as part of the implementation Plan. The parties agree and
understand that the CITY makes no representation as to the ownership of the
property of the proposed Station Areas. The CITY agrees to make all reasonable
efforts to obtain City approval of the map and list of the Station Area locations
submitted by BBB LLC.
5.5 Bike sharing Website. Upon Phase I Operational Rollout, BBB LLC shall,
l au n c h and maintain a website to provide information about implementation,
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collect comments from the public, and serve as an ongoing resource for
information about rates,memberships,locations, and as a marketing tool.
5.6 Use of Alternative Site Locations. Inorderto make the program available to
as many residents,visitors and areas as possible and to effectuate regional mobility
and connectivity, BBB LLC may,as needed and in its sole discretion,
choose locations f o r Station Areas on private property, in another
municipality's right of way,or on a property that i s controlled ormanaged
by an entity other than the CITY. BBB LLC shall be responsible to ensure
that any installations comply with all applicable laws, regulations,and approval
processes.
5.7 Removal of Parking Meters. The Site List shall indicate whether the removal
of one or more existing parking meters is necessary to install a Bike sharing
Station in that location. CITY approval of the Site List shall constitute approval
of the removal of the meters as indicated.
Section 6 Implementation
BBB LLC shall implement the Bike sharing Program,including installation, operation,
management, maintenance, and marketing during the Term consistent with the approved
Implementation Plan and the terms and conditions of this Agreement. The size and scope of the
Bike sharing System,the Operational Ceiling and location of the Bike sharing Stations, may be
modified as needed upon mutual written agreement of BBB LLC and the CITY.
6.1 Implementation Plan. BBB LLC shall develop, prepare and submit a plan to
CITY for implementation of the Bike sharing System (Implementation Plan)
consistent with the parameters for the program set forth in this section. The
Implementation Plan shall identify the phases for the implementation of the
Bike sharing System in different areas of the City, the geographical area and
boundaries for each phase, and shall include the Site List,map,Implementation
Schedule,and Marketing Plan.
BBB LLC shall submit the Implementation Plan, including Site List, map,
Implemtation Schedule, and Marketing Plan,to CITY within ninety(90) days of
the Effective Date of this Agreement. Within ten(10)business days of receipt of
the Implementation Plan, the CITY shall review and approve, or shall provide
its comments to BBB LLC. If the CITY provides comments, BBB LLC and the
CITY shall meet within one week to discuss the comments and agree upon any
necessary changes. Once resolved, the plan shall be deemed approved by the
CITY,and BBB LLC shall move forward to implement the Program based upon
the approved plan, along with any subsequent changes agreed to by the Parties.
In no event may approval be unreasonably withheld or delayed.
6.2 Implementation Schedule. BBB LLC shall prepare a detailed Implementation
Schedule for installation of Bicycle Stations leading up to Operational Rollout
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for each Phase. The Implementation Schedule shall be attached and incorporated
as Exhibit 6.2 to this Agreement.
The Parties shall use their commercially reasonable efforts to adhere to the
Implementation Schedule. BBB LLC may, upon written request to the CITY,
seek extension of specific dates in the Implementation Schedule. BBB LLC
shall state the reason for the request and the anticipated period of time
requested. The CITY shall not unreasonably withhold its approval.
6.2.1 Phase I Operational Rollout. BBB LLC and the CITY shall agree upon
a detailed schedule for installation of the Bicycle Stations for Phase I,as
further detailed and reflected in Exhibit 6.2.These dates shall be included
in the Implementation Schedule.
6.2.2 Phase I Operational Ceiling. Phase I shall be implemented using an
operational ceiling of 200 bicycles and 20 Station Areas. The CITY and
BBB LLC may agree to add additional bikes and/or stations to the Station
Service Zone for Phase I ifit is determined and mutually agreed that there
are not enough bicycles or locations to meet demand.
6.3 Equipment Design. BBB LLC shall provide, at its sole cost and expense, any
and all design services including,but not limited to,architectural and engineering
services, as reasonably required for design and installation of the Kiosks and
docking structures.
6.4 Use of Right-of-Way and Encroachment Removal. The CITY shall make all
reasonable efforts to obtain City permission for BBB LLC to encroach into the
public right-of-way by installing and maintaining the Bike sharing Stations at
the specific Station Areas agreed to by CITY and BBB LLC as provided for in
this Agreement, for the benefit of the public and as part of the Bike sharing
System. In consideration of this grant of permission, BBB LLC covenants and
agrees with CITY as follows:
6.4.1 BBB LLC shall install and maintain the Bike sharing Stations in a safe
and sanitary condition at its sole cost,risk and responsibility.
6.4.2 BBB LLC shall remove, relocate or restore the Bike sharing Station as
directed by the CITY within thirty (30) calendar days of written notice
from the CITY, or in the case of an emergency as determined by CITY,
CITY may request that the work be done immediately or within less than
thirty(30) calendar days. If BBB LLC fails to remove,relocate or restore
or otherwise comply with the direction of the CITY regarding the
encroachment, CITY may cause the work to be done and charge BBB
LLC for such actual costs. CITY's requests for removal or relocation
shall be subject to the fees provided in Section 9.5.2. CITY's request to
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remove. relocate, or restore the encroachment shall not be arbitrary or
without reason.
6.4.3 BBB LLC shall maintain insurance to protect the CITY from any
potential claims that may arise from the location and maintenance
of Bike sharing Stations in the rights-of-way,as required by Section 13
of this Agreement.
6.5 Installation of Bike sharing Facilities. BBB LLC shall erect, install,operate,and
maintain, at its sole cost and expense, and at no cost to the CITY, the Bike
sharing Stations and all related equipment.
BBB LLC shall not erect, install, operate, or maintain additional Kiosks or
docking structures,nor identify additional or alternate locations for same,without
the CITY's prior written approval. The CITY shall make all reasonable efforts
to obtain City approval for additional Kiosks or docking structures.
6.6 Marketing Plan. BBB LLC shall implement a plan to market the Bike sharing
System to residents and visitors for membership, use, and growth of the Bike
sharing System(Marketing Plan). The Marketing Plan may include combined
efforts with the CITY to promote the program.
6.7 Sponsorships and Advertising. BBB LLC shall be responsible for securing
sponsors and for the sale of all advertising to be displayed on System bicycles,
Kiosks, and the advertising panels referenced in Section 4.4. Sponsorship
messages and advertising shall be displayed as set forth in Exhibits 4.4 and 6.7.
All advertising shall comply with the criteria set forth in Exhibit 6.7.
6.8 The CITY shall make all reasonable efforts to secure and procure for the benefit
of BBB LLC(a) all government permits, authorizations, filings, and any other
governmental consent;(b) rights-of-way and land (owned or leased); (c) safety
and surveillance services; (d)utilities,trash collection and other public services,
(e) traffic, construction and development services coordination, in each case
necessary for the creation, implementation and operation of the Bike sharing
System.
Section 7 Operation of the Bike sharing System
BBB LLC shall be responsible for all operations of the Bike sharing System, including
operation and maintenance of all bicycles,docking structures,Kiosks,and Bike sharing Stations.
7.1 Maintenance of Bicycles. BBB LLC shall maintain its bicycles in good working
order and repair.
7.2 Maintenance of Bike sharing Stations. BBB LLC shall maintain the Bike sharing
Stations,including the Kiosks, bicycles, and docking structures free of graffiti
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and in good,clean working order and repair, including the removal of trash from
the Station Area. BBB LLC may perform light maintenance and small repair
jobs at the Stations to minimize downtime. Moderate or heavy maintenance may
require removal of the equipment for service at BBB LLC's repair center.
7.3 Repair Response Time. In the event that a Kiosk or docking structure is damaged
for any reason, BBB LLC shall promptly commence repairs or replace the
damaged equipment to minimize any impact on System operations. At a
minimum, repairs or replacement shall be commenced within 24 hours from the
time BBB LLC first becomes aware (or should be aware)of the damage.
In the event that a bicycle is damaged for any reason,BBB LLC shall commence
promptly,but not later than ten(10)days from the date BBB LLC first becomes
aware (or should be aware of the damage, repairs, replace the bicycle. or
rebalance the bicycles within the System to minimize impact on System
operations.
7.4 Temporary Use of Metered or Otherwise Restricted Parking for Maintenance.
BBB LLC may park its maintenance vehicle in any legal public on-street
metered or unmetered parking space that is adjacent to or near the Bike sharing
Station while maintenance is being performed. Such maintenance vehicle must
be clearly marked with the identifiers of the Bike sharing System. BBB LLC
may not park in spaces that are restricted for handicapped parking or during hours
restricted for street sweeping.
7.5 Equipment Inventory. Following the Effective Date,the CITY may,at its option,
request that BBB LLC provide it with a full inventory of all program equipment,
including types and numbers(per item);dates of lease and/or purchase;and initial
condition(established as of the date of inventory).
7.6 Temporary Station Displacement or Relocation. CITY may request the temporary
removal of all or part of a Station Area, for street repair, access to utilities,
construction,special events,or other reasons. CITY and BBB LLC shall make
reasonable efforts to relocate the Station to an alternative temporary location that
will serve users in the same or reasonably similar capacity.
7.7 Special Events. BBB LLC may request the temporary placement of a Bike
sharing Station for the purpose of participating in or accommodating a special
event. The CITY shall not be responsible for costs associated with such requests,
including installation or removal of such stations, BBB LLC shall work directly
with the organizer of the special event for permission to temporarily place a Bike
sharing Station within a special event venue.
7.7.1 Temporary Increase in Operational Ceiling. BBB LLC may request and
the CITY may authorize an increase i n the Operational Ceiling on a
temporary basis for special events o r conventions, specifying the
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dates and number o f additional bicycles permitted. BBB LLC shall
make any such authorization in writing in advance of the event.
7.7.2 Closure of Stations for Special Events. If an existing Bike sharing Station
is located within the footprint of a permitted special event for which public
transportation is not permitted to run within the venue during the event,
then at CITY's request, BBB LLC shall render the Station non-operable
during the event.
7.8 Rental and Membership Rates. Rates for Bike sharing System rentals and
membership subscriptions shall be structured as set forth in Exhibit 7.9 and shall
be based on the projected rates set forth therein. The rates to be charged at the
time of Operational Rollout shall be provided to the CITY for its approval with
the Implementation Plan. Any changes in rental or subscription rates exceeding
agreed upon ranges or annual increases shall be approved in writing by CITY
prior to such changes being implemented.
7.9 Membership Subscription Reciprocity. BBB LLC and/or its affiliates,at its sole
option, may permit holders of Membership Subscriptions (not casual walk-up
renters) from other bike sharing systems it owns or manages to access bikes in
its Boynton Beach program, and conversely, BBB LLC may permit holders of
Membership Subscriptions from it's Boynton Beach program to access other bike
sharing programs it owns, manages or is affiliated with.
Section 8 Relocation of Station Areas
Station Areas may be added,removed, or relocated based on usage,theft and vandalism,
access for street repairs or utility work, special events, or for other reasons.
8.1 Relocation of Station Area. In the event that a designated Station Area is
found to be unsuitable, whether before or after installation of the Bike
sharing Station, BBB LLC, and CITY shall use reasonable efforts to
expeditiously identify a suitable substitute location within a distance equal to
one block of the original location.The parties shall endeavor to identify and
agree upon the new location within thirty (30) days, and shall amend the Site
List to reflect the new location.
8.2 Addition of Station Area. In the event that BBB LLC recommends the
addition of a new Station Area not included i n the approved
implementation Plan,BBB LLC and CITY shall use reasonable efforts to
expeditiously identify a suitable substitute location in the area recommended by
BBB LLC. The parties shall endeavor to identify and agree upon the new
location within thirty(30) days,and shall amend the Site List to reflect the new
location.
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8.3 Removal or Relocation of Underutilized Station Area. If BBB LLC determines,
based upon an evaluation of Station usage by BBB LLC over a three-month period,
that a Station Area is underutilized, BBB LLC shall make a recommendation to
CITY to keep, remove, or relocate the Underutilized Station Area. BBB LLC's
recommendation shall be supported by usage data and other relevant
information. CITY shall review the recommendation and, if the usage data
demonstrates that daily rentals or member uses originating from or returning to
that Station Area is below 50% of the Average Program Usage for three
consecutive months,CITY shall approve a recommendation for removal of the
Station Area.Relocation of the Station Area to a new site shall require CITY's
approval per Section 8.2.
8.4 Removal or Relocation of High-Risk Station Area. If BBB LLC determines,
based upon an evaluation of the incidences of theft and vandalism per month
over a three-month period that a Station Area is at high risk for theft or vandalism,
BBB LLC shall make a recommendation to CITY to keep,remove,or relocate the
High-Risk Station Area.BBB LLC's recommendation shall be supported by crime
data, usage data, and other relevant information. CITY shall review the
recommendation and, if the crime data demonstrates that incidences of theft and
vandalism per month have exceeded the Average Theft/Vandalism Rate by 50%
or more for three consecutive months or more, CITY shall approve a
recommendation for removal of the Station Area. Relocation of the Station
Area to a new site shall require CITY's approval per Section 8.2.
Section 9. Permissions Granted Under this Agreement
CITY agrees to provide BBB LLC the following permissions as set forth below and in
Exhibit 9, and is attached to this Agreement and incorporated herein, for the Term of this
Agreement:
9.1 Official Partner. BBB LLC shall have the exclusive right to be designated and
referred to as the"Official Bike sharing Provider of the City of Boynton Beach",
AND/OR, "Official Bike sharing Provider of the City of Boynton Beach"and to
use said designation in promotional and marketing efforts including press
releases, stories, features and other publicity initiated by any party.
9.2 Promotional Materials. CITY will work with BBB LLC to develop press
releases, stories, features and other publicity about the partnership for
distribution to media outlets upon the execution of this Agreement. BBB LLC
and CITY agree to develop a joint logo and templates for advertisements,
promotional materials,promotional campaigns,product placement and appearance
and any and all other materials that represent BBB LLC's efforts to publicize
and/or promote the rights and benefits granted to it under this Agreement.
9.3 WebSite Presence. Information about the Bike sharing System and this Marketing
Partnership, including a link to BBB LLC's program web site (referenced in
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Section 5.3), will be provided on the CITY internet and intranet web sites
throughout the duration of the Agreement will be provided on the CITY internet
and intranet web sites throughout the duration of the Agreement.
9.4 Cooperative Support. CITY shall work with and support BBB LLC's efforts to
market and increase ridership of the Bike sharing System as set forth in Exhibit
10. BBB LLC shall be responsible to ensure that all events comply with any
applicable City rules or regulations pertaining to use of the venue or as a special
event.
Section 10. Intellectual Property
10.1 Licensing The CITY and BBB LLC shall each retain ownership of, and all
right, title and interest in and to, their respective intellectual property and no
license therein, whether expressed or implied, is granted by this Agreement.
To the extent the parties wish to grant to the other rights or interests in intellectual
property, separate licensing agreements on mutually acceptable terms shall be
executed.
10.2 Use of City of Boynton Beach Name and Logo. BBB LLC shall use the CITY
name,seal, logo, and trademarks(collectively, "Identifiers")only as set forth in
this Agreement, for the purpose of carrying out the terms of this Agreement,
and not for any other purpose. Any use other than that specifically provided for
by this Agreement shall require the prior written consent and approval of the
CITY. BBB LLC shall not make use of CITY name,seal, logo,trademarks, or
any other identifiers in any manner that would bring CITY, or any of its
respective agents,representatives,employees or contractors into public disrepute,
contempt, scorn or ridicule or tend to shock, insult or offend the community,
public morals or decency. BBB LLC shall not use Identifiers to incur any
obligation or indebtedness on behalf of the CITY.The obligations of BBB LLC
under this paragraph will survive expiration or termination of this Agreement.
The CITY shall make all reasonable efforts to obtain City approval for BBB LLC
to use the City's name,seal,logo and trademarks.
10.3 Use of BBB LLC Name and Logo. The CITY shall use BBB LLC's name, seal,
logo, and trademarks (collectively, "BBB LLC Identifiers") only as set forth in
this Agreement,for the purpose of carrying out this Agreement, and not for any
other purpose. Any use other than that specifically provided for by this
Agreement shall require the prior written consent and approval of BBB LLC.
CITY shall not make use of BBB LLC's name, seal, logo,trademarks, or any
other identifiers in any manner that would bring BBB LLC, or any of its
respective agents,representatives,employees or contractors into public disrepute,
contempt, scorn or ridicule or tend to shock, insult or offend the community,
public morals or decency. CITY shall not use BBB LLC Identifiers to incur any
obligation or indebtedness on behalf of BBB LLC, or to hold itself out as being
14
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or representing BBB LLC.The obligations of CITY under this paragraph will
survive expiration or termination of this Agreement.
Section 11. Compliance
11.1 Americans with Disabilities Act. BBB LLC agrees to comply with Americans
with Disabilities Act, which establishes that all CITY contractors, including but
not limited to construction contractors, consultants, grantees, and providers of
goods and services agree to comply with all applicable titles of the Americans
with Disabilities Act.
11.2 Drug Free Workplace. BBB LLC agrees to comply with the CITY requirements
that all CITY construction contractors, consultants, grantees and providers of
services to provide a drug-free workplace for the performance of work done in
connection with a contract held by the CITY.
11.3 Equal Employment and Subcontracting Opportunities. CITY and PJGM agree
that this Agreement is a partnership with mutual benefits and obligations running
to each Party, and not a contract for the provision of labor, materials, goods,
supplies, services, or consultant services to the CITY,or for a grant from the
CITY, or for the construction of public works, and for the purpose of this
Agreement, BBB LLC agrees as follows:
a. BBB LLC shall not discriminate against any employee or applicant for
employment on any basis prohibited by law.BBB LLC shall provide equal
opportunity in all employment practices.
b. BBB LLC shall not discriminate on the basis of race, gender, religion,
national origin, ethnicity, sexual orientation, age, or disability in the
solicitation, selection, hiring or treatment of subcontractors, vendors or
suppliers. BBB LLC shall provide equal opportunity for subcontractors
to participate in subcontracting opportunities.BBB LLC understands and
agrees that violation of this clause shall be considered a material breach
of the contract and may result in contract termination,debarment,or other
sanctions. Contracts between BBB LLC and any subcontractors, vendors,
and suppliers shall contain this language.
Section 12. Insurance
12.1 Insurance. BBB LLC shall maintain, at its own expense, the following types
of insurance coverage during the Term,including any renewal or extension,of the
Agreement:
12.1.1 Commercial General Liability Insurance ("CGL") written on an
occurrence basis which shall cover liability arising from any and all
personal injury or property damage in the amount of at least one million
15
five hundred thousand dollars($1,000,000)per occurrence and subject to
an annual aggregate of two million dollars ($2,000,000). There shall be
no endorsement or modification of the CGL limiting the scope of coverage
for either insured vs. insured claims or contractual liability. All defense
costs shall be outside the limits of the policy.
12.1.2 Commercial Automobile Liability Insurance for all of the BBB LLC's
automobiles, including owned, hired or non-owned automobiles ("any
auto"). BBB LLC shall keep in full force and effect,automobile insurance
providing coverage at least as broad,for bodily injury and property damage
for a combined single limit of one million dollars ($1,000,000) per
occurrence.
12.1.3 Worker's Compensation Coverage for all of BBB LLC's employees who
are subject to the Agreement and to the extent required by applicable
state or federal law, BBB LLC shall keep in full force and effect a
Workers' Compensation Policy. That policy shall provide a minimum of
five hundred thousand dollars ($500,000) of employer's liability
coverage, and BBB LLC shall provide an endorsement that the insurer
waives the right of subrogation against the CITY, and its respective
elected officials (if applicable), officers, employees, agents or
representatives.
12.2 Insurer Requirements.All insurance required by the express provision of the
Agreement shall be carried only by insurers rated at least "A-,VI"or better by
the current A.M. Best Key Rating Guide,that are licensed to do business in the
State of Florida, and that have been approved by the CITY. The CITY will
accept insurance provided by non-admitted, "surplus lines" carriers only if
the carrier i s authorized to do business i n the State of Florida,is shown on
the current List of Eligible Surplus Lines Insurers and otherwise meets
the rating requirements.
12.3 Coverage. This insurance shall cover all of BBB LLC's employees engaged in
the performance of the Agreement. BBB LLC shall require that all its
subcontractors engaged in the performance of the Agreement maintain levels and
limits of insurance coverage that meet BBB LLC's current standards for
subcontractors and shall provide to CITY a certificate evidencing such coverage
and listing CITY as an additional insured.
12.4 Additional Insured. BBB LLC shall name the CITY as an additional insured
on all general and automobile liability policies required herein. The policies
shall be primary and non-contributory to any insurance, as it relates to the
CITY operations that may be carried by the CITY, as reflected in a certificate,
which shall be submitted to the CITY.
16
12.5 Certificates. BBB LLC shall, within ten(10)days of execution of the Agreement,
furnish the CITY with certificates of insurance for coverage as required
herein. Companies writing the insurance under this article shall be licensed to
do business by the State of Florida. A person authorized by that insurer shall
sign all certificates for each insurance policy required by this Article.
12.6 Notice of Cancellation. The certificates shall provide that thirty (30)days prior
written notice of cancellation of the insurance to which the certificates relate shall
be given to the CITY.
Section 13. Indemnification
13.1 BBB LLC shall indemnify hold harmless and defend CITY, its officers,
employees, directors, contractors and agents, against all suits, expenses
(including attorneys' fees) on account of injury (including death)or damage to
persons or property arising in connection with Agreement,subject to the limits
of Section 768.28,Florida Statutes.
Section 14. Default Remedies
14.1 Event of Default. The following shall constitute an Event of Default under this
Agreement regardless of whether any such event shall be voluntary or involuntary
or shall result from the operation of applicable laws,rules or regulations or shall
be pursuant to or in compliance with any judgment,decree or order of any court
of competent jurisdiction:
(1) BBB LLC fails to cause to be carried and maintained the insurance
required by this Agreement and fails to immediately remedy such failure
within ten (10) days of receipt of written notice thereof from CITY;
(2) Either party fails to comply with any material term, condition, or
obligation of this Agreement and such failure continues un-remedied for
a period of thirty(30)days after the receipt of written notice thereof from
the non-defaulting party unless the defaulting party has taken reasonable
steps during such thirty(30)day period to cure such default and such steps
taken to cure will do so within a reasonable time if diligently prosecuted;
or
(3) Either party commences a voluntary case or other proceeding seeking
liquidation, reorganization or other relief under any bankruptcy,
insolvency or similar law, or shall make a general assignment for the
benefit of creditors,or shall have an involuntary case or other proceeding
instituted against it seeking similar relief;
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(4) Either party commits an act, which brings its name into disrepute, or
otherwise substantially diminishes the value of the marketing partnership
association for the other party.
(5) A change in the legal framework, including all applicable laws,
regulations,ordinances or permits,that may have,or that could reasonably
be expected to have, a material adverse effect on the rights and obligations
of BBB LLC under this Agreement.
14.2 Declaration of Default. Upon the occurrence of an Event of Default, and at
any time thereafter so long as the same shall be continuing, the non-defaulting
party may declare.at its option, this Agreement to be in default if the Event
of Default is a filing under Section 15.1(3) hereof, may immediately terminate
this Agreement without any liability whatsoever;
Section 15. City's Ability to Terminate
15.1 Notwithstanding the foregoing, CITY shall be able to terminate this Agreement
for any reason or for no reason upon thirty(30)days written notice to BBB LLC.
Upon termination of this Agreement for any reason, BBB LLC shall remove all
Bike Sharing Stations,including but not limited to all kiosks,bicycles and docking
structures,contemplated under this Agreement and shall do so within thirty
(30) days. If BBB LLC fails to remove all Bike Sharing Stations, including but
not limited to all kiosks,bicycles and docking structures,within thirty(30) days
of termination of this Agreement, CITY shall have the right but not the
obligation to remove the same and to do so at BBB LLC's sole expense.
Section 16. Miscellaneous
16.1 Notices. In all cases where written notice is required under the Agreement,such
notice shall be given at the respective addresses of the parties as set forth
below, unless notification of a change of address is given in writing. Notice
shall be sentt by registered or certified mail, by a nationally recognized courier
service,or by personal service, and shall be effective upon receipt.The addresses
for notice and agents for service of process are:
CITY: City of Boynton Beach
Attn: City Manager
100 E.Boynton Beach Blvd.
Boynton Beach,FL 33435
BBB LLC:Boynton Beach Bikeshare LLC.
Attn:Carlos Pujol,CEO
33 West 26th Street,Fifth Floor
New York,NY 10010
18
Phone:212-574-5470
16.2 Non-Assignment. Neither Party may assign its rights or delegate its duties under
the Agreement to any other party without the prior written consent of the other
Party, which consent shall not be unreasonably withheld,delayed or conditioned.
Subject to the provisions of this section, the Agreement shall inure to the benefit
of and be binding upon the respective successors and assigns,if any,of the Parties
hereto. However,any assignment in violation of this paragraph shall constitute
a default and is grounds for immediate termination of the Agreement. In no
event shall any putative assignment create a contractual relationship with the
putative assignee.
16.3 Independent Contractors. BBB LLC and any subcontractors employed by
BBB LLC arc and shall be deemed to be independent contractors and not agents
of the CITY. Any provisions of the Agreement that may appear to give the CITY
any right to direct BBB LLC concerning the details of operating the Bike sharing
System, or to exercise any control over such performance, shall mean only that
BBB LLC shall follow the direction of the CITY concerning the BBB LLC's
performance.
16.4 Compliance with Controlling Law. BBB LLC shall comply with all laws,
ordinances,regulations,and policies of the federal, state, and local governments
applicable to the Agreement, including all applicable laws, regulations, and
requirements relating to the marketing and sale of insurance. In addition, BBB
LLC shall comply immediately with all directives issued by the CITY or its
authorized representatives under authority of any laws,statutes,ordinances, rules,
or regulations. The laws of the State of Florida shall govern and control the
terms and conditions of this Agreement.
16.5 Amendment. The Parties may amend this Agreement from time to time to
address changes deemed necessary by the Parties to address operational needs.
All amendments to this Agreement shall be in writing and signed by both Parties.
16.6 Jurisdiction and Venue. The jurisdiction and applicable laws for any suit or
proceeding concerning this Agreement, the interpretation or application of any
of its terms,or any related disputes shall be in accordance with the laws of the
State of Florida. The venue for any suit or proceeding concerning this
Agreement shall be in the County of Palm Beach, State of Florida.
16.7 Integration. This Agreement and the exhibits and references incorporated into
the Agreement fully express all understandings of the Parties concerning the
matters covered in the Agreement. No change, alteration, or modification of
the terms or conditions of the Agreement,and no verbal understanding of the
Rules their officers,agents, or employees shall be valid unless made in the form
of a written change agreed to in writing by both Parties and an amendment to
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the Agreement agreed to by both Parties. All prior negotiations and agreements
concerning the subject matter hereof are merged into the Agreement.
16.8 Counterparts. The Agreement may be executed in counterparts, which when
taken together shall constitute a single signed original as though all Parties had
executed the same page.
16.9 No Waiver. No failure of either the CITY or BBB LLC to insist upon the strict
performance by the other of any covenant, term or condition of the
Agreement,nor any failure to exercise any right or remedy upon a breach of
any covenant,term,or condition of the Agreement,shall constitute a waiver
of any such breach or of such covenant,term or condition. No waiver of
any breach shall affect or alter the Agreement,and each and every covenant,
condition,and term hereof shall continue in full force and effect to any existing
or subsequent breach. Neither Party shall unreasonably withhold or delay its
consent or approval when such consent or approval is required for the
performance of this Agreement.
16.10 Drafting Ambiguities. The Parties agree that they are aware that they have the
right to be advised by counsel with respect to the negotiations, terms and
conditions of the Agreement, and the decision of whether or not to seek advice
of counsel with respect to the Agreement is a decision, which is the sole
responsibility of each Party.
The Agreement shall not be construed in favor of or against either Party by reason
of the extent to which each Party participated in the drafting of the Agreement.
16.11 Public Records Requests.
In accordance with Sec. 119.0701,Florida Statutes, BBB LLC must keep and
maintain this Agreement and any other records associated therewith and that are
associated with the performance of the work described in the Scope of Services.
Upon request,BBB LLC must provide the public with access to such records
in accordance with access and cost requirements of Chapter 119, Florida
Statutes. Further, BBB LLC shall ensure that any exempt or confidential
records associated with this Agreement or associated with the performance
of the work described in the Scope of Services are not disclosed except as
authorized by law. Finally, BBB LLC shall retain the records described in this
paragraph throughout the performance of the work described in the Scope of
Services, and at the conclusion of said work,transfer to the CITY, at no cost
to the CITY, all such records in the possession of BBB LLC and destroy any
duplicates thereof. Records that are stored electronically must be transferred to
the CITY in a format that is compatible with the CITY'sinformation technology
systems.
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16.12 Signing Authority. The representative for each Party signing on behalf of a
corporation,partnership,joint venture or governmental entity hereby represents
and warrants that (a) authority has been obtained to sign on behalf of the
corporation,partnership,joint venture, or entity and to perform its obligations
hereunder; (b) this Agreement constitutes the legal, valid and binding obligation
of such Party,enforceable against such Party in accordance with its terms and
(c)agrees to hold the other Party harmless if it is later determined that such
authority or such legal, valid and binding obligation does not exist.
IN WITNESS WHEREOF,the Agreement is executed by the ' of Boynton Beach,
acting by and through its Executive Director and by Boynton Beach : : hare LLC.
City of:o APPROVE TO F.,.,
/
1411Irteven rant,Mayor " r CITY ATTORNEY
Date: IO//O!/g
I hereby certify that I can legally bind Boynton Beach Bikeshare LLC and that I have
read all of this Agreement.
Boynton Beach Bikeshare LLC
Carlos Pujol,CEO
Date 7/Zy / 8
21
Exhibit 4.2.2
Bicycle Type and
Specification
(This Exhibit to be updated before execution by CITY.)
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22
Exhibit 4.2.4
Site Plan
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Exhbit 4.4
Station Area Signage
Station Area Advertising Panels to contain general advertising content including images
or descriptions of products and services consistent with the terms of the Agreement,or for
messages promoting the Bike sharing System or traffic or bicycle safety, generally as
shown below:
4. I Nil
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24
Exhibit 6.2
Implementation Schedule
(To be attached after preparation by BBB LLC and approval by CITY,as set forth in
Section 6.2 of the Agreement.)
25
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Exhibit 6.7
Bicycle Logo Sponsorship
Sponsorship logos shall be limited to bicycle surfaces, including the handlebar placard,
fenders and/or basket consistent with the diagram below. Logo sponsorships are limited to
corporate/organizational logo, name and/or slogan (not general advertising graphics such as
actual product images) General advertising on program bicycles shall be limited to bicycle
surfaces including handlebar placard, basket and fender consistent with the diagram below.
General advertising may contain any graphical representation supplied by advertiser including
images or descriptions of products and services:
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26
Exhibit 6.7(cont'd)
Kiosk Logo Sponsorship
Sponsorship logo name and/or slogan shall be permitted upon the kiosk.
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27
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EXHIBIT 6.7(cont'd)
BIKESHARING STATION ADVERTISING
The City requires that all advertising placed as bus stops comply with the criteria set forth
below. It is the intent of the CITY as part of this Agreement to require that advertising at Bike
sharing Stations comply with the same requirements for similar reasons,including:
That it continues to be the intent of the CITY to prohibit advertising on bus stop shelters
and benches of tobacco products,materials of a sexually explicit nature and firearms.
This policy applies only y to advertising located at Bike sharing Stations.
Bike sharing Advertising Policy:
1. In its agreement with it advertising contractors, BBB LLC shall reserve the right to
reject any advertisement, commercial or noncommercial,which does not meet the standards set
forth in this poliy.
2. MI advertising posted at Bike sharing Stations must conform to the following criteria:
A. Defamatory Advertising. No advertising will be permitted that falsely disparages
any person,product,or company,or that is likely to damage the reputation of any person,product,
or company.
B. Advertising Condoning Criminal Conduct. No advertising will be permitted that is
likely to incite or produce imminent unlawful activity.
C. Obscene Advertising. No advertising will be permitted that contains obscene matter
or matter harmful to minors.
D. False Advertising. No advertising will be permitted that contains false or grossly
misleading information.
E. Tobacco, and Firearms. No advertising will be permitted that promotes the sale of
tobacco or tobacco products,or firearms.
F. Existing Laws.All advertisements must conform to applicable federal,state,and local
laws.
3. CITY may make demand upon BBB LLC for the removal of any advertisement,
commercial or noncommercial,that does not conform to this policy. Such demand shall be in
writing and shall state reasonable grounds for the demand. BBB LLC shall consider and act
upon the demand in accordance with this policy.
28
Exhibit 7.9
Projected Rates and Fee
Structure
The projected rates and fee structure for the Bike sharing System shall be substantially
in conformance with the rate structure set forth below:
Pay As You Monthly Annual
Go / Daily Membership Membership
$3 +tax $14.95 +tax $99 +tax
3-MONTH COMMITMENT
Every 30 minutes Unlimited 45-minute trips Unlimited 45-minute trips
Each addaarul 30 minutes I$3.00 Each add0 cnal 30 mmol.,WOO
Daily Max:$24 for 24 hours
Miscellaneous Provisions
•BBB LLC shall be permitted to discount memberships and rentals at its sole discretion.
•To offset inflation and other similar costs,BBB LLC may,in its sole discretion,increase
the above-stated price ranges by not more than 5%per year without the CITY's approval.
29
Exhibit 9
Permissions granted to BBB LLC
CITY shall make all reasonable efforts to cause the City of Boynton Beach to provide
BBB LLC with cooperative support for the promotion and marketing of the Bike sharing System,
including but not limited to,the following promotional and marketing opportunities:
• Bike sharing System Kick-Off Event
• Bike sharing System Anniversary Celebration(s)
• Use of mobile Bike sharing Station at special events
• Explore the possibility of establishing a regular location for the mobile Bike
sharing
Station for demonstrations
• Provide time on City-TV for promotional clips and public service
announcements on bicycle safety
• Distribute program and safety handouts provided by BBB LLC at relevant
festivals and programs conducted or participated in by the City
• Quarterly promotional emails to City employees
• Bicycle safety and bicycle awareness classes organized in conjunction with
the City's
Transportation Division and/or other stakeholders
• Site List approval of the proposed Station Areas.BBB LLC shall include the
map and list of
Station Area locations as part of the Implementation Plan.
• Removal of Parking Meters as per the Site List in order to install a Bike
sharing Station in that location.
30
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