Agmt11 City and Co of SF, SM CO Transit Dist, Co. of San Mateo, Santa Clara Valley Transportation Authority, and the Bay Area Air Quality Management District

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INTERGOVERNMENTAL AGREEMENT—BIKE SHARE PROJECT 10.5. The parties agree to work together to develop branding and marketing strategies in consultation with the Steering Committee, MTC, and MTC cornractors that address both local and regional strategies and oppommities. 10.6. The parties agree that if any party fails to provide the committed funding in a timely manner, the Air District, upon consultation with the Steering Committee, can reallocate CMAQ funding to pilot bike sharing in another existing host community to be deterntined. 10.7. The parties agree that if any party fails to exercise good faith efforts to obtain the necessary authorizations for bicycle kiosks or to identify alternate locations in a timely manner, the A'v District, after consultation with the Steering Committee, can reallocate the MTC funding to another party to this agreement and/or to purchase equipment under the program. 10.8. The parties agee that if a specific bicycle location/station dces not generate use, the Air District, after consultation with the local implementing party and vendor, can reallocate the equipment to a higher demand azea within that host community. 10.9. The parties agee to begin immediately to jointly develop a plan to address and guide post-Project regional implementation issues. This post-Project implementation plan will include but not be limited to: 10.9.1. A process for assigning administration responsibilities (payments, etc.), liabilities, operations and maintenance costs, and capital assets. ] 0.9.2. A process for on-going regional coordination and marketing. 10.93. Processes for branding and mazketing the Project and a continuing post-Project bicycle share program. ]0.9.4. Processes for expanding the program through both public and private investments. 10.9.5. Processes for changing the administrative and operazional structures developed and agreed to as a part of the Project. These processes will include an option or opfions for each of the individual implementing agencies, at its discretion, to take physical possession, assume lease rights, or other mechanism resulting from the RFP process, with the agreement to participate in the regionally-coordinated system. Such a regionally�oordinated system would adhere to guidelines established by the Steering Committee and, at a minimum, provide a searriless experience for users. ]0.9.6. Each party reserves its right not to be obligated to accept progam ownership after the pilot period and not be required to purchase equipment or otherwise participate in a continuing program. 10.10. The parties understand that possession and control of bicycles and stations during the Project could be through lease or ownership by the Air District, by the parties jointly, by the selected vendor, or through some other mechanism. The nature of this possession and control will be determined by technical specifications developed pursuant to Section 7.2, by decisions of the Steering Committee, and by the selected vendor's proposal. Pending any evaluation and a determination by the parties that the endeavor is both worthy of pwsuing and economically sustainable (whether through operaring income, sponsorships, continued grant funding, or some other mechanism), the goal of the Project is for regional operations to continue and expand following the Project period. Final, post-Project ownership and operation of the program and initial components will be determined by the parties beFore the end of the fust year, and may include the option for conrinued county level ownership and operation pursuant to section 10.9.5. If required, the parties will execute a written agreement regarding transfer of ownership of any property prior to end of the first year. The options for the program ownership after the pilot period should include, but not be limited to: Page 8 of 12