Resolution _________________

A RESOLUTION granting conceptual approval for Puget Sound Bike Share to construct, maintain, and operate a bike-share program in public places located within Major Institution Overlay Districts, designated Urban Centers and Urban Villages, and commerciallyor industrially-zoned parcels lying between these areas in the City of Seattle.

WHEREAS, the Puget Sound Bike Share is a Washington non-profit organization that will operate a bike-share program in public places located within Major Institution Overlay Districts, designated Urban Centers and Urban Villages, and commerciallyor industrially-zoned parcels lying between these areas in the Puget Sound region to provide a low-cost, convenient transportation alternative for the public; and

WHEREAS, the bike-share program will provide an automated public bike-rental service consisting of modular bikeshare stations with docks for bicycles, payment kiosk, helmet-vending kiosk, wayfinding signage, and a solar power structure providing power for the bike-share station; and

WHEREAS, the Bicycle Master Plan adopted by Resolution 31024 set a goal of tripling the amount of bicycling in Seattle between 2007 and 2017, and reducing the rate of bicycle collisions by one-third in the same time frame; and

WHEREAS, the City of Seattle (City) is currently updating the 2007 Bicycle Master Plan, with a vision to make riding a bicycle a comfortable and integral part of daily life in Seattle for people of all ages and abilities; and

WHEREAS, the Seattle Department of Transportation (SDOT) supports bike-share programs because they provide a healthy, safe, and affordable travel option that has the potential to attract new people to biking, and serve residents and visitors alike; and

WHEREAS, the Seattle Design Commission was briefed on the proposed bike-share program on March 21, 2013, and will provide a recommendation on the final bike-share station design as part of the technical review of the proposed bike-share program; and

WHEREAS, in making a recommendation, the SDOT Director considered the application materials and proposed business plan for implementing the bike share program and recommends that conceptual approval be granted; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT:

Section 1. The City Council finds that the Puget Sound Bike Share (PSBS) program is in the public interest.

Section 2. The City acknowledges PSBS will be entering into a contract with a vendor to operate and maintain bikeshare station facilities. Notwithstanding that a vendor will operate and maintain bike-share stations under a contract with PSBS; PSBS shall be exclusively responsible under the term permit for maintaining the bike-share stations, bicycles, or any other bike-share equipment in good working order; and for complying with all term permit requirements.

Section 3. As conditions for obtaining permission to construct, maintain, and operate the bike-share program, PSBS shall:

(a) Provide:

(i) An annual inventory of all bike-share station locations;

(ii) A surety bond in an amount determined by the City;

(iii) Liability insurance naming the City as an additional insured or self-insurance, in an amount and form as approved by the City's Risk Manager;

(iv) An annual certificate of insurance;

(v) A copy of all contracts PSBS enters into with a contractor to provide bike-share services. The PSBS-contractor bike-share contract shall include a provision that the contractor:

(1) Obtain liability insurance naming the City as an additional insured in an amount and form as approved by the City's Risk Manager;

(2) Provide the City with an annual certificate of insurance; and

(3) Indemnify the City, in a form approved by the City, against all claims or damages arising from the use or operation of the bikeshare station, bicycles, or any other bike-share equipment the vendor provides under the contract;

(b) Indemnify the City, in a form approved by the City, against all claims or damages arising from the use or operation of the bike-share station, bicycles, or any other equipment provided by the contractor;

c) Obtain all necessary City permits for installing, removing, or relocating a bike-share station;

d) Pay all City permit fees; and

e) Remove the bike-share stations and restore the right-of-way to its original condition upon the program term permit expiring or at the direction of the Director or City Council according to the provisions of the term permit ordinance.

After this Resolution is adopted, SDOT will present to the City Council a draft program term permit ordinance identifying the conditions under which permission may be granted for the use of the right-of-way. Permission to use the right-of-way is subject to the Council's decision to approve, deny, or modify the draft program term permit ordinance presented by the Director.

Section 4. As recommended by the Director and the Mayor, conceptual approval for construction, maintenance, and operation of the bike-share program in public places within Major Institution Overlay Districts, designated Urban Centers and Urban Villages, and commerciallyor industrially-zoned parcels lying between these areas in the City of Seattle as proposed by Puget Sound Bike Share is GRANTED.

Adopted by the City Council the ____ day of ____________________, 2013, and signed by me in open session in authentication of its adoption this________ day

of ______________________, 2013.

_________________________________

President ___________of the City Council

THE MAYOR CONCURRING:

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of ________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Angela Steel SDOT Puget Sound Bike Share Program RES June 20, 2013 Version #7A