(a) Definitions. For purposes of this section, the following words and phrases shall have the following meanings:
(1) Agreement shall mean a nonexclusive agreement between a bike share operator and the city as approved by the City Commission.
(2) Bike Share Station (or Station) shall include, but not be limited to, the following items located within a designated area: docking structure, kiosk, map display, system bicycles or other equipment attached to and necessary for the facility’s operation.
(3) Bike Share 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 Share System shall specifically refer to a docked system wherein bikes are checked out and returned to permanent docking stations.
(4) City shall mean the City of Boynton Beach.
(5) Customer shall mean any person using a bike share system.
(6) Kiosk shall mean the physical structure and housing for the automated payment terminal at which users can access the bike share system with a membership card, pay for a rental with a credit or debit card, and receive information about the bike share system.
(7) Operator shall mean any entity that owns and/or operates a bike share system.
(b) Agreement required. Operators must have a nonexclusive agreement approved by the City Commission to lawfully operate a bike share system within the city. Agreements must comply with the requirements set forth in this section.
(c) Administrative review for dockless use of bike share system. This section specifies requirements for docked bike share systems only. If an operator or the city desires to use the system or any of its bicycles on a Dockless Basis (i.e., bikes could be dropped off and picked up at any location, outside of the permanent bike share stations), such a proposal would be subject to administrative review.
(d) Operations. Operators shall be solely responsible for all costs and expenses to implement and maintain the bike share system.
(1) Bike share systems shall provide bike sharing services and rentals at automated, self-service kiosks.
(2) Bikes shall be GPS-enabled to allow operators to track their locations.
(3) All pricing charged to the customer shall clearly explain structure for ride and time period, as well as fees for additional or overage periods. The maximum charge should be clearly stated.
(4) Operators shall have a twenty-four (24) hour customer service phone number for customers to report safety concerns, complaints, or ask questions.
(5) Any inoperable bicycle, or any bicycle that is not safe to operate, shall be removed from the system within twenty-four (24) hours of notice, and shall be repaired before being put back into service.
(6) Bike share systems shall include visible language within the operator’s mobile and web application that notifies the customer that:
a. People on bicycles are encouraged to wear helmets.
b. People on bicycles must follow all traffic laws.
(7) Stations shall provide clearly posted reference to Bicycle Safety Laws (i.e., F.S. § 316.2065).
(8) Operators shall provide the city with a current contact name and phone number for staff that are capable of relocating and repairing bicycles.
(9) Operators shall provide data, records, and reports at the city’s request, according to terms specified in the agreement.
(e) Bicycles. All bicycles operated by a bike share system agreement with the city shall:
(1) Meet the standards outlined in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part 1512 - Requirements for Bicycles, as amended. Additionally, all bike share operators shall meet the safety standards outlined in ISO 43.150 - Cycles, subsection 4210, as amended.
(2) Meet the requirements in F.S. § 316.2065(7) regarding lamps and reflectors, and other state, federal, and local requirements.
(3) Have an emblem of the operator, contact information, including website and phone number, and a prominently displayed unique identifier.
(4) Be high quality and sturdily built to withstand the effects of weather and constant use for a minimum of five years.
(5) Accommodate a wide range of users.
(6) Be well maintained and in good riding condition.
(f) Insurance. The operator shall provide and maintain such public liability and property damage insurance for the entirety of any existing lease agreement(s) with the city to protect the city from all claims and damage to property or bodily injury, including death, which may arise from any aspect of the agreement or its operation. Such coverage should be maintained, at a minimum, in the amount of $1,000,000 per occurrence with an annual aggregate coverage of $2,000,000. The operator shall maintain a commercial automobile liability insurance limit of $1,000,000. The operator shall secure worker’s compensation coverage for any and all employees and officers. The operator must secure coverage via 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. Operator must provide the city with certificate(s) of insurance evidencing the required coverages, including language granting the city additional insured status, excluding the worker’s compensation policy.
(g) Indemnification. As a condition of the agreement, the operator must agree to indemnify, hold harmless and defend the city, its representative, employees, and elected and appointed officials, from and against all liability, claims, damages, suits, losses, and expenses of any kind, including reasonable attorney’s fees and costs for appeal, associated with or arising out of or from the agreement, the use of right-of-way or city-owned property for the bike share system’s operations, or arising from any negligent act, omission or error of the bike share system’s owner, managing agent, its agents or employees, or from the failure of the managing agent or owner, its agents or employees, to comply with each and every requirement of this division or with any other federal, state, or local traffic law or any combination of same.
(h) Docking structures and kiosks. All kiosks and docking structures shall be designed and constructed to meet the Florida Building Code and to comply with all applicable laws and regulations, including city sign regulations and community appearance regulations. All kiosks must adhere to the aesthetic requirements of other structures located near the specific kiosk location. The. operator shall maintain the kiosks, bicycles, and docking structures free of graffiti and in good, clean working order and repair, including the daily removal of trash and debris from the station area.
(i) Station locations. Bike share stations shall only be placed in sites that are mutually agreed upon by the city and operator, and which are approved by the city.
(1) The bike share system’s owner, managing agent, or both, shall be responsible to ensure that the following requirements are met during operation of the bike share system:
a. For locations within city right-of-way, the operator shall submit a city right-of-way application to the Engineering Division.
b. For locations on city property, the operator shall submit a minor site plan modification and building permit application to the city's Planning and Zoning Division and Building Department, respectively.
1. The application shall include a site plan for each bike sharing station location.
2. Plans shall be to scale and show the footprint and design of the station, existing roadway, striping, signage, lighting, parking meters, and sidewalk for a distance of at least twenty-five (25) feet beyond the limits of all sides of the bike sharing station location.
c. No installation, permanent or temporary, shall be performed without a valid permit.
d. The city may request, upon thirty (30) days written notice to operator, that one (1) or more bike sharing station(s) be removed, relocated, and/or restored.
e. Operator shall make all reasonable efforts to comply with city’s request for the removal, relocation and/or restoration of bike sharing station(s) within the time provided above.
f. Upon removal of a station, the right-of-way shall be restored by the operator, at no expense to the city, to a condition equal to or better than the condition at the time of installation.
(2) For locations on private or public property that is controlled or managed by an entity other than the city, the operator shall be responsible for obtaining all required permits and approval from property owners.
(3) Operators shall provide the city with pictures of each location prior to commencing construction of a bike share system or kiosk, such that the city may confirm restoration to the original condition of the location after a bike share system or kiosk is removed.
(j) Performance bond. Bike share operators shall provide the city with a performance bond in an amount determined by the city to be sufficient to cover the obligations of the operator under the agreement. The form of the bond shall be approved by the city and shall be executed by one or more surety companies legally authorized to do business in the State of Florida. The bond shall guarantee the performance of all the obligations of the bike share operator under the agreement. If an operator increases the size of their fleet, the performance bond shall be adjusted appropriately before deploying additional bicycles.
(k) Fleet size. Operators shall state the desired maximum fleet size in the agreement. The city and operator may agree to add additional bikes and/or stations if it is determined and mutually agreed that there are not enough bicycles or locations to meet demand. The city shall have the authority to limit an operator’s fleet size with reasonable discretion to protect the safety of the traveling public and integrity of the bike share system itself and entire transportation system within the public way.
(l) Restoration. After a bike share system is removed, the owner, managing agent or both shall restore the right-of-way or city-owned property to its original condition.
(Ord. No. 18-015, § 2, 7-3-18)