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<br />203215669.16 A-3-2 <br />2.4 For monthly, weekly and daily memberships, and for usage of the <br />System by non-members, Operator will determine the applicable fees, usage fees, and periods of <br />use for members beyond the Initial Ride Period in its sole discretion. <br />2.5 Nothing in the foregoing shall limit the right of Operator to offer <br />premium memberships featuring an Initial Rider Period longer than 30 minutes for an Annual <br />Membership Fee greater than $149. <br />3. Affordability Option: <br />3.1 Notwithstanding the permitted rate for an Annual Membership set <br />forth in set forth in Section 2.2.1, Operator shall charge those eligible for an “affordability <br />subscription” no more than $60 per annum (excluding sales tax) as the Annual Membership Fee, <br />or $5.00 per month for a 12-month membership. <br />3.2 Persons who were entitled to affordability memberships under the <br />Pilot Program shall be entitled to affordability memberships for the System. Members of <br />households enrolled in the Utility Lifeline Programs (also known as California Alternative Rates <br />for Energy (CARE)) available in the MTC Area are also eligible for affordability memberships. <br />Within 10 days following the Effective Date, Operator shall propose, for MTC’s review and <br />approval, procedures for verifying enrollment in CARE. In San Francisco, those who meet Muni <br />Lifeline income requirements as determined by the City of San Francisco’s Human Services <br />Agency are also eligible for the affordability membership. Upon mutual agreement of the <br />Parties, eligibility may expand to include other categories of persons so long as the eligibility is <br />determined by third parties. <br />3.3 Members enrolling through the affordability program shall be entitled <br />to the same rights and privileges as all other Annual Membership holders. <br />3.4 The usage fees for affordability members shall not exceed the rate <br />charged to general annual members. <br />4. The checkout period for the purposes of calculating usage fees shall always <br />commence with the time a Bicycle is actually removed from a Dock, and it shall not be based on <br />the time of insertion of a payment or identification card. <br />5. The maximum Bicycle usage charge initially charged with respect to any <br />member shall be $100 per 24 hour period, not including charges for damaged, lost, stolen or <br />otherwise unreturned Bicycles. <br />6. Fees for damaged, lost or otherwise unreturned Bicycles initially charged shall <br />be (i) $1,200, if not returned, or (ii) if returned, the sum of all direct costs of the repair, including <br />all labor and parts, as determined by Operator in its reasonable discretion, plus a 10% <br />administrative fee; provided, however, that the fees charged to affordability members for <br />unreturned or damaged Bicycles shall be not more than 33% of the fees set forth in the preceding <br />clauses (i) and (ii). Notwithstanding the foregoing, Operator shall waive such fees for stolen <br />Bicycles or Bicycles that are damaged in connection with a crime against the rider or in a <br />collision with a motor vehicle, so long as an appropriate police report is filed for the incident.