Agmt15 Bay Area Bike Share Agreement

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203215669.16 A-1-6 (5) Subscriber Agreement and acceptance of terms; (6) Map with the entire regional network of Sites and real-time availability of Bicycles at each Site, both for a standard computer screen and mobile phone; (7) Frequently Asked Questions; (8) Safety requirements and information (including notification in the event of malfunction or Crash); (9) Encouragement of helmet use for subscribers and a listing of nearby locations where users may purchase or lease helmets; (10) Merchandise page; (11) Permitted links to other Bay Area based bike programs and events; (12) A listing of nearby bike rental shops, locations and contract information; (13) Safety video (supplied by the Air District or others) addressing safe use of bicycles, helmets, and California Vehicle Code and local laws pertaining to bicycle riders; and (14) A webpage that contains links to MTC- approved information (i.e. links to partner websites and notices). Operator, at all times, shall keep the website information updated, current, and accurate on a regular basis. 3.9 Operator Staffing Levels. Operator, at all times, shall provide sufficient staff to efficiently and promptly provide the services set forth in this Continuation Agreement. 3.10 Personnel and Staffing Requirements. Operator shall deliver to MTC copies of all written personnel policies that, at a minimum, address employee conduct and qualifications. 3.11 Relocation, Resizing, and/or Reconfiguration of Stations. (1) By Operator. In the event that Operator wishes to remove, relocate, resize, and/or reconfigure any Station, other than those Stations whose locations are fixed pursuant to the terms of a grant or sponsorship agreement, due to under- utilization or lack of profitability, it must notify MTC in writing, providing sufficient detail and description of the proposed relocation site and reasons therefore, prior to removal. Assuming that MTC does not disapprove the request within ten business days, Operator may remove, relocate, resize, and/or reconfigure the Station consistent with Operator’s notice of same to MTC and subject to local review and permitting requirements. (2) By MTC. MTC shall provide Operator with 48 hours advance notice of any relocation or reconfiguration of Stations to accommodate construction, special events, or other reasons. The fee payable by MTC (or the applicable Pilot City) to Operator for any such relocation or reconfiguration shall be determined in accordance with Attachment A-4. 3.12 Interruption of Service. (1) Intentional Interruption of Service. If, at any time, Operator intends, or is required, to temporarily interrupt all or a portion of the service, for any reason beyond Operator’s reasonable control, including, without limitation, weather, safety, or other event or circumstance where continued service