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Agmt15 Bay Area Bike Share Agreement
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Agmt15 Bay Area Bike Share Agreement
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Last modified
2/26/2016 8:17:16 AM
Creation date
2/25/2016 4:22:10 PM
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Agreement
Contractor Name
Metropolitan Transportation Commission and Bay Area Motivate, LLC
PROJECT NAME
Bay Area Bike Share Program Agreement
Date
12/31/2015
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<br />203215669.16 A-4-2 <br />$5,000/Station + $40/Dock. (Each of the foregoing amounts is subject to CPI Adjustment.) <br />Defined Terms: <br /> <br /> <br />“Adjustment” shall mean permanent or temporary changes to a Station’s size or configuration, <br />and changes to Street Treatments and Street Markings as necessitated by such, without changes <br />to the Station location. <br /> <br />“CPI” shall mean the Consumer Price Index for the Consolidated Metropolitan Statistical Area <br />covering San Francisco-Oakland-San Jose, as measured by the Consumer Price Index for All <br />Urban Consumers, as published from time to time by the Bureau of Labor Statistics, U.S. <br />Department of Labor. <br /> <br />“CPI Adjustment” shall mean, with respect to a specific cost, that such cost is subject to annual <br />adjustment each January 1 based on changes in the CPI from the Effective Date to the date of <br />adjustment. <br /> <br />“Deactivation” shall mean, at a minimum, shut-down of Terminal (or display of messaging on a <br />Terminal screen indicating that Station is out of service) removal of all Bicycles present, <br />installation of physical barriers on all Docks that prevent docking of Bicycles, and designation of <br />the Station as “Out of Service” on the System website, app, and all other real-time data sources. <br />A Deactivation event is not over until the Station has been reactivated. <br /> <br />“De-Installation” shall mean, at a minimum, (i) the temporary or permanent full removal of the <br />Station and its associated Street Treatments, and, (ii) the designation of the Station as “Out of <br />Service” on, or removal of the Station from, the System website, app, and all other real-time <br />data sources. <br /> <br />“Discretionary Request” shall mean any De-Installation and/or Re-Installation or Station <br />Adjustment requested by the Pilot City that is not related to Public Works, Other Special Events, <br />or Public Safety Emergencies. <br /> <br />“For Profit and Political Special Events” shall mean temporary events permitted by the Pilot City <br />that (i) have entry fees for participation (e.g., road races, cycling tours); or (ii) have the purpose <br />of selling products (e.g., street fairs, food festivals, holiday fairs, film festivals, film shoots); or <br />(iii) have a title sponsor; or (iv) are political events. <br /> <br />“Other Special Events” shall mean temporary events permitted by the Pilot City other than For <br />Profit and Political Special Events (e.g., heritage or cultural parades). <br /> <br />“Public Safety Emergency” shall mean an instance when (i) Equipment is damaged or in an <br />unsafe state so as to cause an immediate danger to the public; or (ii) circumstances or situations
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