City And County Of Honolulu Resolution 19-290 State Of Hawai I

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Office of the City AuditorCity and County ofHonoluluState of Hawai iAudit of the City’sBikeshare Program,Resolution 19-290Report to the Mayorand theCity Council of HonoluluReport No. 20-08December 2020

Audit of the City’s BikeshareProgram, Resolution 19-290A Report to theMayorand theCity Councilof HonoluluSubmitted byTHE CITY AUDITORCITY AND COUNTYOF HONOLULUSTATE OF HAWAI IReport No. 20-08December 2020

December 3, 2020The Honorable Ann Kobayashi, Chairand MembersHonolulu City Council530 South King Street, Room 202Honolulu, Hawai i 96813Dear Chair Kobayashi and Councilmembers:A copy of our report, Audit of the City’s Bikeshare Program, Resolution 19-290, is attached. This auditwas conducted pursuant to Resolution 19-290, requesting the city auditor to conduct an audit of thecity’s relationship with Bikeshare Hawaii. In adopting Resolution 19-290, the city council expressedconcerns about whether Bikeshare Hawaii’s use of city property for Biki docking stations and equipmentrequires a lease agreement.The audit objectives were to:1. Evaluate the City’s granting of the current contract with Bikeshare Hawaii without following thebidding requirements under the State Procurement Code;2. Evaluate the City’s granting Bikeshare Hawaii the exclusive use of City property for theBikeshare Hawaii docking stations without awarding the use of the property through the biddingprocedure required by Chapter 28 of the Revised Ordinances of Honolulu 1990;3. Review the City Administration’s conditioning of its approval of certain development projects onlandowners/developers’ commitments to place and maintain bikeshare docking stations andbicycles on their private properties;4. Determine why the City allows the placement of advertisements on Bikeshare Hawaii’s bicycles;5. Calculate the amount of revenue the City receives from Bikeshare Hawaii for BikeshareHawaii’s use of City property; and6. Assess DTS’ contract management of the Bikeshare Hawaii contract.BackgroundBikeshare Hawaii is the non-profit that was created with the purpose of bringing a public bikesharesystem to life in Honolulu. With the partnership between the State of Hawai‘i, DTS, Bikeshare Hawaii,and private interests, the Biki bikeshare program was launched on June 28, 2017 as Honolulu’s solepublic bikeshare provider. To date the system has over 130 docking stations and 1,300 bikes coveringa 6.25 mile service area around the core of Honolulu. Biki has boasted increasing ridership andmembership through the first two years of service.

Honolulu City CouncilDecember 3, 2020Page 2 of 2Audit ResultsThe structure of the Biki bikeshare program, established in part by the city’s agreement with BikeshareHawaii, lacks accountability and transparency. The agreement circumvented certain requirements fromthe Revised Ordinances of Honolulu resulting in an estimated 2019 revenue loss of 460,728 from thedisplacement of metered stalls and exemption from permit fees. Additionally, per the agreement, thecity does not share in fare or sponsorship revenue, despite similar arrangements betweenmunicipalities and bikeshare programs in other jurisdictions. We also found that DTS is not effectivelymonitor Bikeshare Hawaii because it does not sufficiently oversee the grantee or enforce seven ofeleven grant agreement controls. As a result, the department is unable to hold the grantee accountablefor its operational and fiscal performance.The audit report made nine recommendations to promote fiscal responsibility and improve theBikeshare program’s transparency and accountability.The Director of the Department of Transportation Services and Managing Director expressedagreement with most of the audit findings and recommendations, and provided clarifying information.In two instances, we address comments made by the department and amended the report accordingly.We also made technical, non-substantive changes to the report for purposes of accuracy, clarity, andstyle.We would like to express our sincere appreciation for the cooperation and assistance provided us bythe managers and staff of the Department of Transportation Services, Bikeshare Hawaii, and others wecontacted for this audit. We are available to meet with you and your staff to discuss this report and toprovide more information. If you have any questions, please call me at 768-3134.Sincerely,Troy ShimasakiActing City Auditorc:Kirk Caldwell, MayorRoy Amemiya, Jr., Managing DirectorJon Nouchi, Acting Director, Department of Transportation ServicesManuel T. Valbuena, Acting Director, Department of Budget and Fiscal Services

Table of ContentsChapter 1IntroductionBackground.2Department of Transportation Services.3Audit Objectives, Scope and Methodology.9Audit Results.10Chapter 2The Organizational Structure of Biki, Honolulu’s Bikeshare Program,Lacks Accountability and TransparencyBikeshare Hawaii Receives a Myriad of City Exemptions That Are Informal andLack Transparency to Support Its Operations.11Recommendations.29Chapter 3DTS Does Not Hold Bikeshare Hawaii Accountable for Its Operationaland Fiscal Performance as Required by AgreementContract Terms, Including Proper Monitoring, Are Not Enforced to Ensure ThatFunds Are Properly Used.31Conclusion.34Recommendations.35Management Response.36AppendicesAppendix AAppendix BAppendix CAppendix DAppendix EResolution 19-290.43Grant Agreement Monitoring Controls.47Bikeshare Hawaii Grant Agreement - Amendments and Modifications.49National Comparisons: Bikeshare Programs.51Biki Stations.53List of ExhibitsExhibit 1.1Exhibit 1.2Exhibit 1.3Exhibit 2.1Exhibit 2.2Organizational Structure of Biki.3Bikeshare Hawaii Grant Agreement Timeline (See Appendix C for detailedtimeline).5Bikeshare Hawaii Service Data.9Administrative Non-Profit Model for Biki.12City Comparisons - Structure of Bikeshare Programs.14i

Exhibit 2.3Exhibit 2.4Exhibit 2.5Exhibit 2.6Exhibit 2.7Exhibit 2.8Exhibit 2.9Exhibit 2.10Exhibit 2.11Exhibit 2.12Exhibit 2.13Exhibit 2.14Exhibit 3.1iiStreet Usage Permit Fees in CY 2019.17Metered Parking Replaced by Biki Docking Station.19Forgone Metered Parking Revenues in CY 2019.20Metered Parking Rates Are As Follows, Per the Revised Ordinances ofHonolulu .21Loss of Metered Parking Revenues Comparison.22City Contracts and Agreed Upon Fees for Lease or Rental of City Property.23Bikeshare Hawaii Revenues, CY 2017 – CY 2019.23Bikeshare Hawaii Major Sponsorships FY 2017 to FY 2020.25Sponsorship Logos on Biki Bikes.26Total TheBus Advertisement Revenues from FY 2017 toFY 2020.27Docking Stations by Owner.28Docking Stations by City Department.29Contract Terms-Internal Controls and Monitoring.33

Chapter 1: IntroductionChapter 1IntroductionOn December 4, 2019, the Honolulu City Council adoptedResolution 19-290, requesting the city auditor to conduct an auditof the City and County of Honolulu’s relationship with BikeshareHawaii. The resolution requested that the city auditor address: The city’s granting of the current contract with BikeshareHawaii without following the bidding requirements underthe State Procurement Code; Why the city allows the placement of advertisements onBikeshare Hawaii’s bicycles; The city’s granting Bikeshare Hawaii the exclusive use ofcity property for the Bikeshare Hawaii docking stationswithout awarding the use of the property through thebidding procedure required by Chapter 28 of the RevisedOrdinances of Honolulu 1990; The amount of revenue the city receives from BikeshareHawaii for Bikeshare Hawaii’s use of city property: and The city administration’s conditioning of its approval ofcertain development projects on landowners/developers’commitments to place and maintain bikeshare dockingstations and bicycles on their private properties.Key TermsBikeshare: A public transportation service that provides lowcost, flexible, on-demand access to a network of public bicycles.Bicycles are densely located across a service area at fixedstation locations. With the ability to make point-to-point trips,bikesharing systems can accommodate shorter trips that replaceless efficient auto and transit trips.Biki: Honolulu’s large-scale bikeshare system with over 1,300bikes at over 130 conveniently located self-service kiosks launchedin the summer of 2017.Bikeshare Hawaii: A not-for-profit organization established inJanuary 2014 that launched and manages the Biki bikeshareprogram in Honolulu with funding and support from public andprivate partners.1

Chapter 1: IntroductionSecure Bike Share Hawaii, LLC: The financing and operatingpartner of Bikeshare Hawaii that specializes in the managementand deployment of large scale bicycle share systems and are a partof the Secure Parking Group.Honolulu Bikeshare Organizational Study: A 2014 City andCounty of Honolulu funded study that identified the vision, goals,and objectives for bikeshare, engaged key stakeholders, proposedan organizational and governance strategy for Honolulu, andcreated a high-level business plan.Bike Parking Ordinance: City Ordinance 17-55 established bicycleparking requirements in the Land Use Ordinance. The ordinancemandates that both short and long-term bike parking mustbeprovided whenever new floor area, a new dwelling unit, or anew parking structure is proposed.Bikeshare Advisory Group: A collaborative group of private andpublic partners that initiated a planning process to coordinate thebikeshare discussion and strategize on how to best implementbikeshare in Honolulu and across Hawai‘i.BackgroundResolution 14-35 established a strong endorsement by the citycouncil for the creation of a bikeshare program partnered withthe State of Hawai‘i and private interests. The Department ofTransportation Services (DTS) and the Department of Planningand Permitting were encouraged to establish a public purposebikeshare program in the City and County of Honolulu.Bikeshare Hawaii is the non-profit that was created with thepurpose of bringing a public bikeshare system to life in Honolulu.With the partnership between the State of Hawai‘i, DTS, BikeshareHawaii, and private interests, the Biki bikeshare program waslaunched on June 28, 2017 as Honolulu’s sole public bikeshareprovider. To date the system has over 130 docking stations and1,300 bikes covering a 6.25 mile service area around the core ofHonolulu. Biki has boasted increasing ridership and membershipthrough the first two years of service.Current operations2Currently, there are three primary entities that comprise the city’sBiki program. First, the Department of Transportation Servicesis tasked with oversight of bikeshare services. Second, non-profitBikeshare Hawaii, manages the bikeshare service on behalf ofthe city. Third, Secure Bike Share Hawaii, LLC is contracted byBikeshare Hawaii to operate Biki.

Chapter 1: IntroductionThe exhibit below depicts Biki’s organizational structure.Exhibit 1.1Organizational Structure of BikiOrganizationalStructure of Biki(Functions & Roles)SECURE BIKESHARE HAWAIILLCMonitor the non-profit(Bikeshare Hawaii)Achieve the requirements set by the citygrant agreementLead community outreachPermit and deny bikesharestation locationsManage the private operatorServe as the applicant andadmin for federal grantsSet pricing for fares and membershipsLocation planningCreate Employer and Visitor PlansMaintenanceRebalancingCustomer serviceSystem technologyEquipment inventoryConsumer marketing and brandingConsumer website and Biki AppSecure grants and donationsDevelop partnerships and program tosupport community initiativesSource: Office of the City AuditorDepartment ofTransportationServicesThe Department of Transportation Services facilitates themovement of people and goods in the City and County ofHonolulu through effective planning, design, engineering, andoperations of Complete Streets, public transit and mobility, andtransportation technology. The department’s goal is to providegreater safety for all modes of transportation and increasedquality of life for residents. The department also incorporatesComplete Streets principles that provide balance between travel3

Chapter 1: Introductionmodes such as motor vehicles, bicycles and pedestrians into theplanning, design and construction of city transportation facilitiesand projects.The department’s Transportation Engineering Division isresponsible for implementing Biki. DTS provides oversight andsupport for the non-profit and program operations, monitorsperformance, approves potential station locations, aids inpermitting, and serves as the applicant and administrator forfederal grants. The division also administered the initial grantfunding of 2 million to Bikeshare Hawaii on behalf of the City ( 1million) and the State of Hawai‘i ( 1million).Initial grant funds were distributed in the following manner: 200,000 may be requested on an advance payment basisfor program startup costs 1,600,000 will be paid on a reimbursement basis withsupporting documentation upon approval of requireddocuments by City and State for respective funds 200,000 will be paid on a reimbursement basis andwithheld until completion of the program and approvalof grantee’s final accounting report and final paymentrequestPer the grant agreement, DTS monitors Bikeshare Hawaii withcontrols that include reporting requirements, reviews, andinspections. See Appendix B for a description of these controls.Bikeshare Hawaii4Bikeshare Hawaii is the 501(c)3 non-profit that manages the Bikibikeshare program. The State of Hawai‘i and city granted 1million each for the creation of a public bikeshare program whichBikeshare Hawaii used for initial start-up activities: Pre-vendorselection activities, pre-deployment activities, and Initial launchand operations. Moving forward Bikeshare Hawaii is intended tobe fully funded through private support/donations and federalgrant funds. Bikeshare Hawaii will also receive a percentage offare revenue when a threshold is met; to date the threshold hasnot been met.

Chapter 1: IntroductionExhibit 1.2Bikeshare Hawaii Grant Agreement Timeline (See Appendix C for detailed timeline)START-UP ACTIVITIES, PRE-VENDORSELECTION, PRE-DEPLOYMENTACTIVITIES, INITIAL LAUNCH ANDOPERATION.GRANT AMOUNT: 2.0 MILLION- 200 STATIONS- 2,000 BICYCLESVENDOR OPERATOR SELECTION'OPTION TO EXTEND' TO ANALLOWABLE TOTAL OF 48 MONTHSSTIPULATE 'PROGRESS PAYMENTREPORTS' THROUGHOUT AGREEMENTAND FINAL CUMULATIVE REPORT ATPROJECT ENDAGREEMENTEXTENDED UNTILAUGUST 18, 2017ENSURE NET PROFITS ARE USEDONLY FOR GRANTEE EXPENSES100 DOCKING STATIONS1,000 BICYCLESGRANT FUNDS SHALL NOT BEUSED FOR PURCHASE OFEQUIPMENT(BICYLES, DOCKS/RACKS,KIOSKS)GRANT GOAL: TO STATESUPPORT IN 'ONGOING'OPERATION OFBIKESHARE PROGRAMEXCLUSIVITY CLAUSE: CITYLAND AND USE OF CITYEQUIPMENTALLOW FOR CONTRACT WITHTHIRD-PARTY FOR DAILYOPERATIONCITY WILL NOT CHARGE ANYRENT TO GRANTEEMUST MAINTAIN COMPLETEFINANCIAL RECORDS SUBJECTTO REVIEWMONTHLY GROSS FARE REVENUEREPORTSANY OTHERINFORMATION/REPORTS MAY BEREQUESTED AD HOCEXTENDED UNTIL JUNE 28, 2022200 DOCKING STATIONS2,000 BICYCLESCITY WILL PROCURE 288BICYCLES AND 36 STATIONSCITY WILL NOT DERIVE ANYREVENUE FROM BIKESHARECITY FUNDS OR EQUIPMENT MAYNOT BE USED TO EXPANDOUTSIDE OFPROJECT ZONE OR EXPANSIONZONEOPTION TO EXTEND BY 60MONTHSMAY BE EXTENDED ONCE-MOREON A MONTH TO MONTH BASISFOR ATOTAL ALLOWABLE ADDITIONAL60 MONTHSSource: Department of Transportation ServicesSpecifically, Bikeshare Hawaii is tasked to:Program Operation: Implement and operate a public bikeshare program in theCity and County of Honoluluoo 2,000 bicyclesoo 200 docking stations5

Chapter 1: Introduction Exclusive privilege to install, manage, operate andmaintain the bikeshare program; responsibility of any andall expenses associated with the privilegeoo May contract with a third party to operate day today activities of the bikeshare program; grantee stillresponsible for the management, operation, andmaintenance of the bikeshare program and all servicesprovided by any such third party Responsible for obtaining sponsorship, marketing, andadvertising necessary to support and maintain bikeshareprogram along with any associated costsoo Spend a minimum of 100,000 per year relating tomarketingoo Responsible to identify and sign contracts withsponsors and advertisers Net profits earned from the bikeshare program mustbe applied to costs or activities related to furthering thebikeshare programEquipment: Furnish, deliver, install, operate, and maintain at no costto the city all equipment necessary for the operation of thebikeshare program Keep a full inventory/itemized listing of all bikeshareprogram equipment Provide any design services as required for kiosks anddocking stations Participate in public presentations, workshops, and/orcommunity meetings as needed for review and approvalfrom regulatory bodiesMaintenance:6 Maintain all bicycles, kiosks, stations in good workingorder Maintain regular maintenance logs and schedules Responsible for all alterations, repairs, or improvements

Chapter 1: IntroductionExpansion Efforts:Secure Bike ShareHawaii Propose and submit selected expansion locations toaccomplish the goals of the bikeshare program forapproval by the city Determine site relocation as needed Procure all appropriate permits for site location/relocationeffortsSecure Bike Share Hawai

A copy of our report, Audit of the City’s Bikeshare Program, Resolution 19-290, is attached. This audit was conducted pursuant to Resolution 19-290, requesting the city auditor to conduct an audit of the city’s relationship with Bikeshare Hawaii. In adopting Resolution 19-290, the city council expressed

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