CC Resolution No. 18-112 Approving Guidelines Enabling an 18-Month Pilot Program for Dockless Bycycle SharingRESOLUTION N0.18-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING GUIDELINES ENABLING AN 18-MONTH PILOT PROGRAM
FOR DOCKLESS BICYCLE SHARING
WHEREAS, bike sharing is consistent with General Plan: Community Vision 2015-
2040 Policy ES-2.1.9: Energy Efficient Transportation Modes; and Policy M-4.7; and
WHEREAS, the City recognizes that dockless bicycle sharing systems have the
potential to reduce local traffic congestion, reduce transportation-related greenhouse gas
emissions and provide an alternative to driving in Cupertino; and
WHEREAS, the City has created guidelines for an 18-month pilot program to
enable dockless bike share companies to operate human-powered and electric-
propulsion bicycles within the City of Cupertino boundaries; and
WHEREAS, the 18-month Bicycle Share Pilot Program will provide residents and
visitors with a clean transportation option with minimal cost to the City and staff time to
administer the program; and
WHEREAS, electric scooters or other e-mobility devices will not be permitted as
part of this pilot program.
NOW, THEREFORE, THE CUPERTINO CITY COUNCIL RESOLVES AS FOLLOWS:
1. The City Manager or designee is authorized to execute the Cupertino Dockless
Bicycle Sharing Pilot Program guidelines; and
2. The guidelines may be amended by staff during the course of the pilot program as
needed to ensure the safe and orderly operation of a bicycle share-program during
the course of the 18-month pilot program.
CC Resolution No. 18-112
Pag e2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2Q 1h day of November 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
Grace Schmidt, City Clerk ~cyPaul,Ma
City of Cupertin
2
Cup er tino Dockl ess Bicycl e Sh aring Pilot Program Guidelines
City of Cupertino
Dockless Bicycle Sharing
18-Month Pilot Program Guidelines
I. Policy Statement and Purpose
CITY OF
II
CUPERTINO
The purpose of this policy is to establish rules and regulations governing the operation of bicycle
sharing systems within the City of Cupertino and to ensure that such systems are consistent with
the safety and well-being of bicyclists, pedestrians, and other users of the public rights-of-way.
These guidelines may be updated by Cupertino Public Works Transportation staff during the
course of the 18-month pilot program should the need arise. The goal of the program is to
encourage bicycle use as a transportation mode, and enhance mobility for all residents and
visitors.
II. Scope
This policy applies to the deployment of any human-powered bicycle or electric assist/propulsion
bicycle sharing systems within the City of Cupertino's jurisdictional boundaries. No electric
scooters or other e-mobility devices are permitted as part of this 18-month pilot program. The
City will not restrict intercity trips originating outside of Cupertino, but vendors not permitted
in Cupertino will need to retrieve bicycles and e-scooters that riders leave in the City. Non-
compliance may result in a revocation of a permit, in which case all equipment must be removed
by the vendor within 72 hour s.
III. Procedures
Any person seeking to operate a bicycle share program within the City of Cupertino shall first
obtain an encroachment permit from the Public Works Department conditioned on compliance
with the guidelines contained herein and any other conditions established by the City of
Cupertino. No person, corporation, association or any other organization shall operate a bicycle
share program within the Ci ty of Cupertino except pursuant to such permit. Vendors may not
deploy in Cupertino without a permit. Permits issued for this program last for the duration of
the 18-month pilot program, subject to section IV. h, of these guidelines, below. Permits cannot
be transferred or shared among vendors. The estimated start date of the pilot program is February
1, 2019.
IV. Operating Regulations
a. All bicycles must meet the safety standards outlined in ISO 43 .150 -Cycles, as well as
the standards outlined in Code of Federal Regulations Title 16, Chapter II, Subchapter
C, Part 1512 -Requirements for Bicycles. In addition, all bicycles shall meet the
standards established in CVC section 21201, including for lighting during operation
in darkness.
1
Cupertino Dockless Bicycle Sharing Pilot Program Guidelines
b. Electric bicycles shall be "Class 1" or "Class 2" electric bicycles only, as defined in
California Vehicle Code (CVC) section 312.5.
c. Bikes must have always-on front and back lights that are visible from a distance of at
least 300 feet under normal atmospheric conditions at night.
d. Bicycles must have functioning bike bells, horns, or other audible devices for riders to
use during operation.
e. Permittees shall provide easily visible contact information, including toll-free phone
number, QR code, and e-mail address, on each bicycle for members of the public to
make relocation requests or to report other issues.
f. Permittees have no maximum fleet size. Each applicant must include their overall fleet
size on their application. Permittees shall notify the City of any plans to change fleet
size and shall comply with any updated permit conditions prior to implementing the
change.
g. The minimum fleet size for each permittee is 100 bicycles.
h. The City reserves the right to revoke a permit at any time during the pilot program
and can require that a permittee' s fleet of bicycles be removed from the City right-of-
way within 72 hours.
i. E-scooters, drones, Vertical Take Off & Landing (VTOL) aircraft, and other aerialor
terrestrial motorized mobility devices are not permitted as part of this pilot program.
j . Helmet use is strongly encouraged but not required as part of the pilot program.
V. Parking & Fleet Management
The success of a bike share program in Cupertino will hinge on participating vendors' ability to
efficiently manage their fleets, both to ensure widespread coverage of the City and also to
minimize impacts to neighborhoods and businesses. Cupertino has many neighborhoods with no
parkway strip, and fleet management in those neighborhoods will be critical to maintain an
orderly program. Communication between the vendor and its users will be necessary to
encourage positive rider behaviors.
a. Bicycles shall be parked upright on hard surfaces in the furniture zone of the
sidewalk, at a bicycle rack, or in another area specifically designated for bicycle
parking.
Bicycles shall not be parked in:
1. the landscaped areas of furniture zones;
2. Transit loading areas, including bus stops, shelters, bus layover
and staging zones, except at existing bicycle racks;
3. Loading zones;
4. Disabled parking zone;
5. Street furniture that requires pedestrian access (for example -
benches, parking pay stations, bus shelters, transit information
signs, etc.);
2
Cupertino Docldess Bicycle Sharing Pilot Program Guidelines
6. Curb ramps;
7. Entryways; and
8. Driveways.
b. Bicycles shall not be parked in such a maimer as to block the pedestrian clear zone
area of the sidewalk; any fire hydrant, call box, or other emergency facility; bus bench;
or utility pole or box.
c. Bicycles shall not be parked in such a maimer as to impede or interfere with the
reasonable use of any commercial window display or access to or from any building.
d. Bicycles shall not be parked in such a maimer as to impede or interfere with the
reasonable use of any bicycle rack or news rack.
e. The City of Cupertino Transportation Manager reserves the right to:
• Determine certain areas where free-floating bicycle share is prohibited (if
deemed to be necessary); and
• Create geo-fenced parking locations where bicycles shall be parked (if
deemed to be necessary).
f. Bicycles may only b e parked in on-street parking spaces when specifically designated
by signage or road stenciling.
g. To the extent a permittee desires to park bicycles in areas other tha11 the public
right-of-way (e.g. parks, plazas, parking lots, private property, or transit
stations), the permittee must first obtain the right to do so from the appropriate
City department, property owner, or public agency a11d shall communicate
this right to users through signage approved by the respective entity and/or
through a mobile or web application.
h. Vendors shall work with city staff to minimize parking concerns in low-
density residential areas.
VI. General Operations
a. Perrnittees shall maintain a 24-hour customer service phone numb.er for customers to
report safety concerns, complaints, or t o ask questions.
b. W e encourage vendors to make their bicycles available for free in the event of an
earthquake or oilier significant emergency if ordered by the Mayor.
c. In the event a safety or maintenance issue is reported, the bicycle in question shall
immediately be made unavailable to users via mobile App and then shall be physically
remov ed for repair within the timeframes noted in Section IV, subsection h . Any
inoperable or unsafe bicycle shall be repaired before it is put back into service.
d. Perrnittees shall respond to requests for rebalancing (refers to the redistribution of
bicycles to ensure widespread coverage while reducing bunching of bicycles in
popular locations), reports of incorrectly parked bicycles, or repair requests within the
following timefrarnes: (1.) From 6:00 am to 6:00 pm on weekdays, not including
3
Cupertino Dockless Bicycle Sharing Pilot Program Guidelines
holidays: within two hours of receiving notice, (2.) all other times: within 10 hours of
receiving notice. Bicycles flagged for repair shall be removed from service
immediately via App and physically removed for repair within 72 hours of receiving
notice.
e. In the event a bicycle is not relocated, re-parked, or removed for maintenance within
the timeframes specified herein, such bicycles may be removed by City of Cupertino
crews and taken to a City facility for storage at the expense of the perrnittee. A $25
per-bicycle fee will be assessed to vendors to recover confiscated equipment.
f. Permittees shall work with local businesses or other organizations to promote the use
of bicycle helmets by system users through partnerships, promotional credits, and
other incentives.
VII. Insurance Requirements
Through the pilot program, the City shall be held harmless from liability for all operations of
vendor's services. The vendor shall continuously maintain throughout the entire pilot program,
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 on 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 Workers' Compensation coverage, as required by State of California
Department of Industrial Relations.
5. Employer's Liability or "Stop Gap" at a limit of $1,000,000 each Occurrence and $1,000,000
Aggregate.
4
Cupertino Dockless Bicycle Sharing Pilot Program Guidelines
6. City as Additional Insured. The vendor shall include the "City of Cupertino" 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
Cupertino additional insured coverage as set forth herein. The 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.
7. 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
Cupertino's requirements for minimum insurance coverage shall by interpreted to limit
or release liability of the vendor or any of the vendor's insurers. The City shall by an
additional insured as required in the above paragraph (City as Additional Insured)
regarding the total limits of liability maintained, whether such limits are primary, excess,
contingent, or otherwise.
8. 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 cov~rage 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 endorsements that limits, bars, or
effectively precludes the City of Cupertino 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 Cupertino; or if applicable, and the discretion of the City of Cupertino,
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.
Notice of Cancellation. The above checked insurance coverages shall not be cancelled by the
vendor or insurer without at least 30 days' written notice to the City, except 10 days' notice for
non-payment of premium.
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
California State surplus lines broker, or as may otherwise by approved by the City.
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 Cupertino."; and
5
Cupertino Dockless Bicycle Sharing Pilot Program Guidelines
2. An attached City of Cupertino 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 inderrmity 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 Cupertino.
VIII. Data Sharing & Privacy
a. All companies must ensure customer data privacy in company policies that are in
accordance with City data privacy policies.
b. Customers shall not be required to share personal data with 3rd parties (e.g.
advertisers, investors, etc.) in order to use bicycle sharing system.
c. Customers shall not be required to provide access to their contacts, camera, photos,
files and other private data to use the bike share service. Location services may be
required to use the service for the purpose of locating nearby vehicles, but not for
providing trip-level data.
d. Companies must provide clear notification about what data will be accessed ( e.g.
location services, camera, contacts, photos, etc.) and explain how and why data will
be used. Notification must be active (e.g. affirmative confirmation-required to
continue).
e. Customers may opt-in (not opt-out) to providing access to their contacts, camera,
photos, files other private data and 3rd party data sharing.
f. All permittees shall provide anonymized data for each trip record to inform and
support safe and effective management of the bicycle share system, and for
transportation planning efforts.
g. All permitted operators will provide bicycle availability data for oversight of
parking compliance and bicycle distribution.
h. The City may, at its option, require Permittees to distribute a customer survey at the
. end of the pilot period.
i. Permittees shall keep a record of maintenance activities and reported safety issues
and collisions, including but not limited to bicycle identification number and
maintenance performed. These records shall be sent to the City monthly and at any
time within three business days, if requested by the City.
j. Permittees shall notify City of any Cal-OSHA violation notices or known data
breaches.
IX. Application & Fees
6
Cupertino Dockless Bicycle Sharing Pilot Program Guidelines
a. The City of Cupertino will permit bike share vendors for this pilot via the existing
Public Works Encroachment Permit process. Each vendor will be required to submit
documentation showing it satisfies all City requirements and guidelines contained
herein, including evidence of insurance, etc. along with a non-refundable $1,200
application fee.
b. In addition to this fee a $25 per-bicycle fee will be collected by the City to participate
in this pilot program. Vendors may add bicycles to the fleet after an application is
approved by the City, however the permit must be amended and additional fees
shall be paid to for any expansion in fleet size.
X. Effective Dates
This policy shall be effective from the date of its approval by the City Manager and shall
terminate within eighteen months or upon the adoption of permanent regulations of bicycle
sharing systems by the Cupertino City Council.
Approved: ______________ _ Date: ____ _
Interim City Manager, Amy Chan
7