HomeMy WebLinkAboutVIII-09 Authorized Signature Micromobility Operations License Agreement - Bird Rides, Inc
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director Date: February 22, 2022 Item: Authorize Signature: Micromobility Operations License Agreement - Bird Rides Council Action Requested:
Authorize signature of the attached Micromobility Operations License Agreement
between the City of Hastings and Bird Rides, Inc. to operate a motorized e-scooter service within the City’s right-of-way until December 31, 2022 Background Information:
On February 7, 2022 the City Council amended City Code Chapter 70.09 establishing
regulations for the operations of Micromobility Vehicles (bicycles, electric assisted bicycles, and motorized foot scooters). The Ordinance established fees and parameters for operation of micromobility vehicles and established a licensing requirement and fees for those seeking operation of rental services within the public right-of-way.
Proposal: Bird Rides proposes to operate a rental service consisting of up to 100 motorized e-scooters. Vehicles would be located in various places areas throughout the City. Users would locate and rent vehicles through the Bird app downloaded on their
smartphones. Rental includes signature of a user operations agreement and verification
of age (18+). Upon the conclusion of a ride users are required to snap a photo showing the location of the vehicle to ensure it is property parked and does not impede right-of-way access. Bird would hire a local fleet manager who is responsible for managing the fleet including charging, repairs, and various performance tasks. All vehicles would be
tracked by GPS and incorporate technology prohibiting operation in restricted areas
including downtown sidewalks. Please see the attached summary of operations submitted by Bird for further information. Financial Impact:
Bird would pay $5,500 in annual fees ($500 license + $50 per 100 scooters). Operation
of scooter rental could enhance downtown visits and increase commerce. Advisory Commission Discussion:
N\A Attachments:
• Bird Summary of Operations
• Micromobility Operations License Agreement
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Hello,Hastings
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Our Why:
Improve our
communities and
the lives of those
around us.
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A micromobility company
with a focus in shared
electric vehicles.
What is Bird?VIII-09
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Founded in 2017, Bird
saw instant success as
a pioneer in the space.
Today….
5 Continents. 25 Countries.
375 Cities. 100M+ Rides.
Most-trusted micromobility
provider in the world.
Bird’s Story VIII-09
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City Population
New Ulm, MN 13,200
Marshall, MN 13,600
Albert Lea, MN 17,700
Fort Dodge, IA 24,200
Ottumwa, IA,24,600
Mason City, IA 27,200
Kearney, NE 33,500
Waterloo, IA 67,300
Duluth, MN 85,900
Green Bay, WI 104,600
Cities Big and Small VIII-09
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How it works
1.Download the Bird app
2.Sign user agreement & verify age (18+)
3.Add payment
4.Complete educational tutorials
5.Enjoy the ride!
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Pricing
Standard Pricing
$1+ a per minute fee. Averaging ~$7 a ride.
Equitable Pricing Options
Discounts available to those in government
assistance programs, veterans, senior citizens,
healthcare workers, students with pell grants, etc.
7Confidential and proprietary information
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Slow Zone No-Ride Zone
All vehicles are tracked with GPS.
When riders enter a designated
geo-zone, vehicles follow set rules.
Vehicles will slow down or
stop, and riders are notified
by a vehicle sound and an
in-app notification.
Geo-Zone Technology
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Bird’s future relies on properly integrating dockless
micromobility into our communities
Focus on Reducing Clutter
Leverage
Data
Nudge Desired
Behaviors
Educate Riders Local Presence Make Space
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Local Market Operations
GENERAL MANAGER
ENGAGEMENT MANAGER
OPERATIONS ASSOCIATE
FLEET MANAGER
FLEET MANAGER
General Manager
Oversees local market operations, deployment, and regulatory compliance
Engagement Manager Oversees fleet operators, maintains KPI healthof partners
Fleet Managers
Deploy, rebalance, clean,
maintain vehicles, and
provide on-the-ground support
Bird’s
Hyper-localized
Network
10
Operations Associate
Oversees operational
processes to maximize
compliance and efficiency
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Our Fleet Managers are local contract workers
responsible for managing a fleet including
charging, repairs, and various performance tasks.
Deep community ties,
and local knowledge
Fast issue resolution
Economic Opportunity
Aligned incentives
Being a fleet manager has
enabled me to take care of my
family, and provide employment
opportunities in a time where we
all need help.
- Chris, Atlanta, GA.
Local Run Operations
“
Local Touch:
World-class technology
& compliance tools
Operational know-how
Industry’s Safest Vehicles
Back by the
Industry Leader:
Confidential and Proprietary
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No Investment Required
Dedicated Account Manager
Data Dashboard
# of Vehicles: 50-75
Launch Date: April/May (weather
dependent)
Approval Documentation: License
Agreement
Proposal
Confidential and Proprietary
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Thank You
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MICROMOBILITY OPERATIONS LICENSE AGREEMENT
This License Agreement (“License”) is made on this day of ______ , 2022,
by and between the City of Hastings, a Minnesota municipal corporation, 101 East 4th Street, Hastings, MN 55033 (“the City”), and Bird Rides, Inc., a corporation organized and existing under the laws of the State of Delaware, 406 Broadway, #369, Santa Monica, CA 90401 (“Licensee”).
RECITALS
A. WHEREAS, the City has adopted an ordinance to facilitate and regulate micromobility sharing operations from the City’s Right-of-Way (the “Ordinance”); and
B. WHEREAS, the City controls certain public rights of way and recreational trails located
within its municipal boundaries (the “City Right-of-Way”); and C. WHEREAS, Licensee owns a fleet of commercial, Micromobility Vehicles intended or equipped for shared use by paying consumers from right-of-way locations in the City; and
D. WHEREAS, Licensee’s vehicles are Micromobility Vehicles as defined by the Ordinance; and E. WHEREAS, Licensee’s operation requires use of City Right-of-Way to facilitate the
stationing and parking of Licensee’s Fleet within the City, and it is considered a
Micromobility Sharing Service under the Ordinance (“Licensee’s Operation”); and F. WHEREAS, this Agreement is intended to outline the terms and conditions under which Licensee will be allowed to utilize the City Right-of-Way during the term of this
Agreement.
LICENSE 1. INCORPORATION OF RECITALS
The recitals set forth above are hereby referred to and incorporated herein and made part of this License. 2. DEFINITIONS
a. Fleet Vehicle means a Micromobility Vehicle that is used by Licensee as part of Licensee’s Micromobility Sharing Service. b. Furnishing Zone means the section of the sidewalk between the curb and the sidewalk
clear zone in which street furnishings and amenities, such as lighting, benches,
newspaper kiosks, utility poles, tree pits, and bicycle parking are provided.
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c. Sidewalk Clear Zone means the accessible, primary pedestrian thoroughfare that runs parallel to the street. The clear zone ensures that pedestrians have a safe, obstruction-
free thoroughfare.
3. LICENSE TERM City grants a license to Licensee to utilize a portion of the Right of Way, for a term
commencing February 22, 2022, and terminating on December 31, 2022, in accordance
with the provisions set forth herein. 4. TERMS AND CONDITIONS FOR USE OF CITY RIGHT-OF-WAY
Licensee agrees that it will implement Licensee’s Operation in accordance with the
following terms and conditions: a. Fleet size and type
(1) Licensee shall deploy and maintain in service a level of Micromobility Vehicles
sufficient to satisfy the demand of the City’s residents and visitors. (2) A maximum total of 100 Micromobility Vehicles will be authorized by the City under the Ordinance among all licensees. If more than one license is issued by
the City, then each permitted licensee shall be limited to an equal number of
Micromobility Vehicles to achieve the maximum total number allowed. (3) Notwithstanding Sections 4.a.(2), the City reserves the right to unilaterally limit or reduce the maximum number of Micromobility Vehicles in Licensee’s Fleet
allowed under the Ordinance and this Agreement. The City will notify Licensee
of any increases or decreases applicable to Licensee’s Fleet under this section by sending written or emailed notice. Such increases or decreases shall not require an amendment to this Agreement.
(4) Licensee shall distribute its Fleet throughout the City in a manner that accounts
for citizen demand, City request, and is consistent with the parking requirements of Section 4.c. herein. Licensee shall not deploy Micromobility Vehicles at inappropriate densities and shall monitor its Fleet density at least once every day and relocate vehicles as needed to comply with these density requirements. The
City in, its sole discretion, may require Licensee to rebalance the distribution of
Fleet Vehicles in specified areas of the city if deemed too dense or too sparse. Licensee shall comply with all such requests within 24 hours of receiving notice from the City.
b. Fleet Scooter equipment, maintenance, and safety requirements
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(1) Each vehicle in Licensee’s Fleet must visibly displace Licensee’s logo or business
name and shall have a unique identifier clearly displayed on each device for the
purposes of conveying or documenting parking or safety complaints, and for auditing the quantity and type of devices in Licensee’s Fleet. (2) Licensee shall provide a comprehensive inventory of Licensee’s Fleet, including
model, type, and unique identifier to the City. Such inventory shall be proactively
updated by the Licensee within five (5) business days, if or when vehicles are added or removed from Licensee’s Fleet. (3) All vehicles in Licensee’s Fleet shall be equipped with both a locking mechanism
to prevent theft and an operable mechanism to provide real-time location when a
device is parked. (4) Licensee shall proactively remove any and all inoperable or unsafe vehicles from Licensee’s Fleet within 12 hours of the initial onset of such condition.
(5) Licensee agrees that it will provide all users of Licensee’s Fleet of with a summary of instructions and laws regarding motorized foot scooter riding, parking, and operations including those set forth in Minnesota State Statute 169.225, and any other law or regulatory provision applicable to the operation or
parking of Micromobility Vehicles.
(6) Licensee agrees that it will either require or recommend the use of helmets to all users of Licensee’s Fleet in accordance with Minnesota State Statute 169.225, and any other law or regulatory provision applicable to the operation of
Micromobility Vehicles.
(7) Licensee will keep and maintain a comprehensive and complete record of all Micromobility Vehicle collision reports received by Licensee or its contractor(s) during the term of this Agreement. The record shall include day, time and
location. A copy of such record shall be provided to the City within two (2)
business days of a written or emailed request. c. Fleet Scooter Parking
All devices in Licensee’s Fleet shall comply with the following parking rules and
restrictions when located in the City Right-of-Way: (1) Fleet Vehicles must be parked upright and stabilized when not in use.
(2) Sidewalk parking shall be limited to areas within the Furnishing Zone, outside
the pedestrian path of travel.
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(3) Fleet Vehicles must not be parked in any location or manner that will impede normal and reasonable pedestrian traffic or access to:
(a) Pedestrian ramps (b) Building/property entrances (c) Driveways (d) Loading zones
(e) Disability parking and transfer zones
(f) Transit stops (g) Crosswalks (h) Parklets (i) Street/sidewalk cafes
(j) Other street furnishings (benches, parking meters, etc.)
(k) Underground utility, sewer, or water facilities (l) Sidewalk Clear Zones (4) Fleet Vehicles shall not be parked in landscaped areas, traffic islands, in the street,
in a manner that obstructs the sightlines of any intersection, or in any place where
they could pose a safety hazard. (5) The City reserves the right to mandate geofencing specifications to Licensee’s Fleet in order to prohibit parking/locking Fleet Vehicles in specified areas, or to
direct users to specified designated parking areas. Licensee shall comply with any
and all geofencing requirements within 5 business days of a written or emailed request made by the City. The cost of installing and maintaining geofencing equipment or facilities shall be borne by Licensee.
(6) Licensee will be solely responsible for informing its customers as to parking a
Fleet Vehicle properly. (7) Licensee will undertake proactive, reasonable measures to prevent and deter improper parking or dumping of Fleet Vehicles on private property or other public
property not owned or controlled by the City.
d. Fleet Vehicle Parking Complaints/Enforcement (1) Licensee must provide the City with an up-to-date, direct, local contact for
Licensee’s Operation, as well as an emergency, after-hours contact.
(2) Except where the public’s safety and welfare will be unduly compromised, Fleet Vehicle complaints received by the City shall be referred to Licensee, and Licensee or Licensee’s authorized representative shall address/respond to all
complaints within 24 hours by re-parking or relocating its noncompliant Fleet
Vehicles.
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(3) Licensee shall be solely responsible for monitoring Fleet Vehicle parking or dumping on private property, or other public property not owned or controlled by
the City, but the City may impound illegally parked Fleet Vehicles in accordance
with City ordinances. (4) Licensee will be solely responsible to third parties for addressing unauthorized Fleet Vehicles dumped or left unattended on private property, or on other public
property not owned or controlled by the City.
(5) A per occurrence impoundment fee will be applied to any and all devices owned or controlled by Licensee as identified in the City’s fee schedule.
(6) Any failure by the City to act on the provisions of this section shall not relieve
Licensee of any other duty or penalty at equity or law. e. Data Collection/Sharing. Licensee agrees that it will provide any and all user or customer data in Licensee’s possession that is directly or indirectly related to active
investigations into third party criminal behavior or claims of civil liability against the
City by persons using or riding a Fleet Vehicle. Notwithstanding any other provision or state law to the contrary, this section shall be deemed to include personally identifiable customer data.
5. RESCISSION, REVOCATION, OR OTHER PENALTIES
a. The City may rescind, revoke, suspend or modify this License after sending written notice to Licensee, in order to protect the public health, safety and welfare of the public or if Licensee violates any terms and conditions of City Code Section 70.09
or this License Agreement.
b. If the City determines, in its sole discretion, that the public’s safety and welfare will be unduly compromised by the passage of time, the City may take action to remedy any violation or respond to any complaint at Licensee’s expense. If the City incurs
any costs or damages arising out of such action, Licensee shall reimburse the City for
such costs within 30 days of receiving written or emailed notice. c. The City may limit the number of Fleet Vehicles allowed under this Agreement if it determines that the number of Fleet Vehicle parking violations, third party
complaints, or Licensee’s response to such violations or complaints are unacceptable
or detrimental to public safety, or otherwise create or contribute to a nuisance condition. d. The City may impound any and all Fleet Vehicles found by the City to be in violation
of applicable laws or the terms of this License Agreement. Seizure and impoundment
of Fleet Vehicles may be exercised by the City with or without prior notice to Licensee.
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6. INDEMNIFICATION
Licensee shall indemnify and hold the City, the City’s public officials, employees and agents harmless from and against any and all liability, claims, demands, actions, and causes of action, including expenses and reasonable attorneys’ fees, for personal injuries, property damage, or for loss of life or property resulting from, or in any way connected with,
Licensee’s use of City Right-of-Way, except the liability for personal injuries, property
damages, or loss of life or property caused solely by the negligence of the City. The indemnification provisions of this Agreement shall survive expiration, suspension, revocation and any other termination of this License.
7. ASSIGNMENT OF RIGHTS
Licensee shall not sell or assign its rights pursuant to this License or permit the use of Licensee’s Fleet or any part thereof by any other entity without the express prior written consent of the City. Any unauthorized action in violation of this provision shall be void
and shall terminate Licensee’s rights pursuant to this License.
8. INSURANCE Licensee must at all times maintain commercial liability insurance covering the Licensee’s
Property with minimum policy limits for bodily injury or death of not less than $1,500,000
per occurrence and $1,500,000 annual aggregate. Proof of the required liability insurance shall be in the form of a certificate of insurance or some other form acceptable to the City Attorney and City Clerk. All liability insurance policies required herein shall name the City as any additional insured and shall provide that there shall be no cancellation of the
policy for any cause, by the insured or by the insurance company, without first giving 10-
days’ written notice to the city, addressed to the City Clerk.
9. CITY CODE COMPLIANCE
Licensee hereby agrees to comply with all terms and conditions of City Code Section 70.09 regarding Micromobility vehicles whether or not such terms are included in this License Agreement.
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CITY By: Mary Fasbender, Mayor
By: Kelly Murtaugh, City Clerk
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LICENSEE
By: Name: Its:
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