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Home My WebLink AboutRES 22-030RESOLUTION NO. 22-030 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a twelve (12) month Pilot Operating Agreement, with an option to renew for successive twelve (12) month periods, with Bird Rides, Inc., of Santa Monica, California to govern the pilot operation of a Stand-up Electric Scooter sharing system within the City. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of January, 2022. r -00*1 ' -� Ott 1 1 Mayor Robin Mouton - PILOT OPERATING AGREEMENT This Pilot Operating Agreement (the "Agreement") is entered into by and between Bird Rides, Inc., located at 406 Broadway #369 Santa Monica, CA 90401 ("Company"), and the City of Beaumont located at Y` j (the "City ") as of January; 26th 2022. 1. Statement and Purpose The purpose of this Agreement is to establish interim rules and regulations governing the pilot operation of a Stand-up Electric Scooter sharing system within the City while this Agreement is in effect (the "Pilot"), and to ensure that the Pilot is consistent with the safety and well-being of bicyclists, pedestrians, and other users of the public rights -of -way. 2. Scope This Agreement and its terms apply to any proposed deployment of Stand-up Electric Scooter sharing systems within City's jurisdictional boundaries. No person shall deploy a Stand-up Electric Scooter sharing system in the City in violation of this Agreement. This Agreement and the Pilot shall remain in effect for a period of twelve months and shall automatically renew for successive twelve month periods unless either party provides written notice to the other of its intention not to renew pursuant to Section 10(d) of this Agreement. 3. Procedures While this Agreement is in effect, Company shall be the provider of Stand-up Electric Scooter sharing systems within City's jurisdictional boundaries for the Pilot, contingent upon compliance with the terms of this Agreement. Upon effectiveness of this Agreement, Company shall provide an affidavit of compliance with the terms of this Agreement and provide appropriate indemnification. 4. Operating Regulations a. Company, and/or its service providers, agents or assigns, shall be responsible for operating a Stand-up Electric Scooter program, in the City with the below requirements. b. "Stand-up Electric Scooter" shall mean a device weighing less than 150 pounds, that (i) has handlebars and an electric motor, (ii) is solely powered by the electric motor and/or human power, and (iii) has a maximum speed of no more than 20 mph on a paved level surface when powered solely by the electric motor. c. While this Agreement and Pilot are in effect, Company shall pay the City a revenue -share of $0.05 per ride. Company shall pay the revenue -share to the City on a quarterly basis, in arrears within 30 days from the end of the preceding month. d. Except as otherwise provided herein, City shall regulate the operation of Stand-up Electric Scooters in a manner no more restrictive than City's regulation of bicycles. EXHIBIT "A" e. Stand-up Electric Scooters are to be ridden on streets, and where available, in bike lanes and bike paths. Stand-up Electric Scooters are to stay to the right of street lanes and to offer the right of way to bicycles in bike lanes and on bike paths. Users of Stand-up Electric Scooters shall be 18 or older. Users of Stand-up Electric Scooters who violate these provisions may be fined by City consistent with fines for cyclists. f. Company shall implement program to the extent that its operations are consistent with the laws of the state of Texas. g. Company shall provide easily visible contact information, including toll -free phone number and/or e-mail address on each Stand-up Electric Scooter for members of the public to make relocation requests or to report other issues with devices. h. Hours of operations for Stand-up Electric Scooters will be made available to rent from 4 a.m. to midnight (local time). 5. Parking a. Users of Stand-up Electric Scooters shall park devices upright on the sidewalk, beside a bicycle rack or in another area specifically designated for bicycle parking, or on the street next to an unmarked curb. b. Users shall not park Stand-up Electric Scooters in such a manner as to block the pedestrian clear zone area of the sidewalk; any fire hydrant, call box, or other emergency facility; bus bench; or utility pole or box. c. Users shall not park Stand-up Electric Scooters in such a manner as to impede or interfere with the reasonable use of any commercial window display or access to or from any building. d. Users shall not park Stand-up Electric Scooters in such a manner as to impede or interfere with the reasonable use of any bicycle rack or news rack. Users may park Stand-up Electric Scooters in on -street parking spaces, in accordance with any existing marked parking restrictions, in the following circumstances: i. When marked parking spaces are officially designated stations for such devices in business districts; ii. In neighborhoods with rolled curbs, or with inadequate sidewalk space; iii. In marked parking spaces designated for motorcycles. f. Users may park Stand-up Electric Scooters on blocks without sidewalks, within the public right- of-way, only if the travel lane(s) and 6-foot pedestrian clear zone are not impeded. g. Users shall not park Stand-up Electric Scooters in the landscape zone directly adjacent to or within the following areas, such that access is impeded: i. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; ii. Loading zones; iii. Disabled parking zone; iv. Street furniture that requires pedestrian access (e.g., benches, parking pay stations, bus shelters, transit information signs, etc.); V. Curb ramps; vi. Entryways; and vii. Driveways. h. Users of Stand-up Electric Scooters who violate these provisions may be fined by City consistent with fines for cyclists. i. Company may stage its Stand-up Electric Scooters in permitted parking areas as described in this section. To the extent Company desires to stage Stand-up Electric Scooters in areas other than the public right-of-way, Company must first obtain the right to do so from the appropriate City department, property owner, or public agency. 6. Operations a. Company shall maintain 24-hour customer service for customers to report safety concerns, complaints, or to ask questions. Company shall maintain a multilingual website, call center, and/or mobile app customer interface that is available twenty-four hours a day, seven days a week. The aforementioned shall be compliant with the Americans with Disabilities Act. b. In the event a safety or maintenance issue is reported for a specific device, that Stand-up Electric Scooter shall be made unavailable to users and shall be removed within the timeframes provided herein. Any inoperable or unsafe device shall be repaired before it is put back into service. c. Company shall respond to reports of incorrectly parked Stand-up Electric Scooters, Stand-up Electric Scooters continuously parked in one location for more than 72 hours, or unsafe/inoperable Stand-up Electric Scooters, by relocating, re -parking, or removing the Stand- up Electric Scooters, as appropriate, within 24 hours of receiving notice that must include the location of the Stand-up Electric Scooter. d. Company shall provide notice to all users that: i. Stand-up Electric Scooters are to be ridden on streets, and where available, in bike lanes and bike paths; ii. Stand-up Electric Scooters are to stay to the right of street lanes and to offer the right of way to bicycles on bike lanes and bike paths; iii. Helmets are encouraged for all users; iv. Parking must be done in the designated areas; and V. Riding responsibly is encouraged. e. Stand-up Electric Scooter riders are required to take a photo whenever they park their scooter at the end of a ride. f. Company shall provide education to Stand-up Electric Scooter riders on the City's existing rules and regulations, safe and courteous riding, and proper parking. 7. Data Sharing City may require Company to provide anonymized fleet and ride activity data for all trips starting or ending within the jurisdiction of City on any vehicle of Company or of any person or company controlled by, controlling, or under common control with Company, provided that, to ensure individual pnvacy: a. such data is provided via an application programming interface, subject to Company's license agreement for such interface, in compliance with a national data format specification such as the Mobility Data Specification; b. any such data provided shall be treated as trade secret and proprietary business information, shall not be shared to third parties without Company's consent, and shall not be treated as owned by the local authority; and c. such data shall be considered personally identifiable information, and shall under no circumstances be disclosed pursuant to public records requests received by the local authority without prior aggregation or obfuscation to protect individual privacy. d. Company acknowledges that City is a government entity that must comply with the Texas Public Information Act (the Act). If a request pursuant to this Agreement is made under the Act, the City will provide notice to Company within a reasonable time frame. 8. Indemnification Company agrees to indemnify, defend and hold harmless City (and City's employees, agents and affiliates) from and against all actions, damages or claims brought against City arising out of Company's negligence or willful misconduct, except that Company's indemnification obligation shall not extend to claims of City's (or City's employees', agents' or affiliates') negligence or willful misconduct. City expressly acknowledges that in no event shall Company be liable for any special, indirect, consequential or punitive damages. Company's indemnification obligations shall survive for a period of one (1) year after expiration of this Agreement. Company shall be released from its indemnification obligations under this section if the loss or damage was caused by the City's negligent construction or maintenance of public infrastructure. City's right to indemnification shall be contingent on City notifying Company promptly following receipt or notice of any claim; Company shall have sole control of any defense; City shall not consent to the entry of a judgment or enter into any settlement without the prior written consent of Company. 9.Insurance Company shall provide City with proof of insurance coverage exclusively for the operation of Stand-up Electric Scooters including: (a) Commercial General Liability insurance coverage with a limit of no less than $1,000,000.00 each occurrence and $2,000,000.00 aggregate; (b) Automobile Insurance coverage with a limit of no less than $1,000,000.00 each occurrence and $1,000,000.00 aggregate; (c) Umbrella or Excess Liability coverage with a limit of no less than $5,000,000.00 each occurrence/aggregate; and (d) where Company employs persons within the City , Workers' Compensation coverage of no less than the statutory requirement. INTENTIONALLY LEFT BLANK 10. Miscellaneous a. All notices and communications to the City from Company shall be made in writing (includes electronic communications) and sent to the address below. All notices from the City to Company shall be made in writing (includes electronic communications) and sent to the City's Account Manager. b. In carrying out their responsibilities, the parties shall remain independent contractors, and nothing herein shall be interpreted or intended to create a partnership, joint venture, employment, agency, franchise or other form of agreement or relationship. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie in Beaumont, Jefferson County, Texas. d. Either parry may terminate this Agreement upon (30) thirty days prior written notice if deemed reasonably necessary for public health and safety reasons or if the services or operations hereunder become operationally impracticable. INTENTIONALLY LEFT BLANK Beaumont, Texas Bird Rides, Inc. Signed By: Signature:_ Print Name: Title: Address: Signature:_ Print Name: Title: This Pilot Operating Agreement (the "Agreement") is entered into by and between Bird Rides, Inc., located at 406 Broadway #369 Santa Monica, CA 90401 ("Company"), and the City of Beaumont (the "City " ) as of January, 26th 2022. 1. Statement and Purpose The purpose of this Agreement is to establish interim rules and regulations governing the pilot operation of a Stand-up Electric Scooter sharing system within the City while this Agreement is in effect (the "Pilot"), and to ensure that the Pilot is consistent with the safety and well-being of bicyclists, pedestrians, and other users of the public rights -of -way. 2. Scope This Agreement and its terms apply to any proposed deployment of Stand-up Electric Scooter sharing systems within City's jurisdictional boundaries. No person shall deploy a Stand-up Electric Scooter sharing system in the City in violation of this Agreement. This Agreement and the Pilot shall remain in effect for a period of twelve months and shall automatically renew for successive twelve month periods unless either party provides written notice to the other of its intention not to renew pursuant to Section 10(d) of this Agreement, 3. Procedures While this Agreement is in effect, Company shall be the provider of Stand-up Electric Scooter sharing systems within City's jurisdictional boundaries for the Pilot, contingent upon compliance with the terms of this Agreement. Upon effectiveness of this Agreement, Company shall provide an affidavit of compliance with the terms of this Agreement and provide appropriate indemnification. 4. operating Regulations a. Company, and/or its service providers, agents or assigns, shall be responsible for operating a Stand-up Electric Scooter program in the City with the below requirements. b. "Stand-up Electric Scooter" shall mean a device weighing less than 150 pounds, that (i) has handlebars and an electric motor, (ii) is solely powered by the electric motor and/or human power, and (iii) has a maximum speed of no more than 20 mph on a paved level surface when powered solely by the electric motor. c. while this Agreement and Pilot are in effect, Company shall pay the City a revenue -share of $0.05 per ride. Company shall pay the revenue -share to the City on a quarterly basis, in arrears within 30 days from the end of the preceding month. d. Except as otherwise provided herein, City shall regulate the operation of Stand-up Electric Scooters in a manner no more restrictive than City's regulation of bicycles. e. Stand-up Electric Scooters are to be ridden on streets, and where available, in bike lanes and bike paths. Stand-up Electric Scooters are to stay to the right of street lanes and to offer the right of way to bicycles in bike lanes and on bike paths. Users of Stand-up Electric Scooters shall be 18 or older. Users of Standup Electric Scooters who violate these provisions may be fined by City consistent with fines for cyclists. f. Company shall implement program to the extent that its operations are consistent with the laws of the state of Texas. g. Company shall provide easily visible contact information, including toll -free phone number and/or e-mail address on each Stand --up Electric Scooter for members of the public to make relocation requests or to report other issues with devices. h. Hours of operations for Stand-up Electric Scooters will be made available to rent from 4 a.m. to midnight (local time). 5. Parking a. Users of Stand-up Electric Scooters shall park devices upright on the sidewalk, beside a bicycle rack or in another area specifically designated for bicycle parking, or on the street next to an unmarked curb. b. Users shall not park Stand-up Electric Scooters in such a manner as to block the pedestrian clear zone area of the sidewalk; any fire hydrant, call box, or other emergency facility; bus bench; or utility pole or box. c. Users shall not park Stand-up Electric Scooters in such a manner as to impede or interfere with the reasonable use of any commercial window display or access to or from any building. d. Users shall not park Stand-up Electric Scooters in such a manner as to impede or interfere with the reasonable use of any bicycle rack or news rack. e. Users may park Stand-up Electric Scooters in on -street .parking spaces, in accordance with any existing marked parking restrictions, in the following circumstances: i. when marked parking spaces are officially designated stations for such devices in business districts; ii. In neighborhoods with rolled curbs, or with inadequate sidewalk space; iii. In marked parking spaces designated for motorcycles. f. Users may park Stand-up Electric Scooters on blocks without sidewalks, within the public right-of-way, only if the travel lane(s) and 5-foot pedestrian clear zone are not impeded. g. Users shall not park Stand-up Electric Scooters in the landscape zone directly adjacent to or within the following areas, such that access is impeded: i. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; II. Loading zones; iii. Disabled parking zone; City may require Company to provide anonymized fleet and ride activity data for all trips starting or ending within the jurisdiction of City on any vehicle of Company or of any person or company controlled by, controlling, or under conunon control with Company, provided that, to ensure individual privacy: a. such data is provided via an application programming interface, subject to Company's license agreement for such interface, in compliance with a national data format specification such as the Mobility Data Specification; b. any such data provided shall be treated as trade secret and proprietary business information, shall not be shared to third parties without Company's consent, and shall not be treated as owned by the local authority; and c. such data shall be considered personally identifiable information, and shall under no circumstances be disclosed pursuant to public records requests received by the local authority without prior aggregation or obfuscation to protect individual privacy. d. Company acknowledges that City is a goverment entity that must comply with the Texas Public Information Act (the Act), If a request pursuant to this Agreement is made under the Act, the City will provide notice to Company within a reasonable time frame. 8. Indemnification Company agrees to indemnify, defend and hold harmless City (and City's employees, agents and affiliates) from and against all actions, damages or claims brought against City arising out of Company's negligence or willful misconduct, except that Company's indemnification obligation shall not extend to claims of City's (or City's employees', agents' or affiliates') negligence or willful misconduct. City expressly acknowledges that in no event shall Company be liable for any special, indirect, consequential or punitive damages. Company's indemnification obligations shall survive for a period of one (1) year after expiration of this Agreement. Company shall be released from its indemnification obligations under this section if the loss or damage was caused by the City's negligent construction or maintenance of public infrastructure. City's right to indemnification shall be contingent on City notifying Company promptly following receipt or notice of any claim; Company shall have sole control of any defense; City shall not consent to the entry of a judgment or enter into any settlement without the prior written consent of Company. 9. Insurance Company shall provide City with proof of insurance coverage exclusively for the operation of Stand-up Electric Scooters including: (a) Commercial General Liability insurance coverage with a limit of no less than $1,000,000.00 each occurrence and $2,000,000.00 aggregate; (b) Automobile Insurance coverage with a limit of no less than $1,000,000.00 each occurrence and $1,000,000.00 aggregate; (c) Umbrella or Excess Liability coverage with a limit of no less than $5,000,000.00 each occurrence/aggregate; and (d) where Company employs persons within the City, Workers' Compensation coverage of no less than the statutory requirement. 10. Miscellaneous a. All notices and communications to the City from Company shall be made in writing (includes electronic communications) and sent to the address below. All notices from the City to Company shall be made in writing (includes electronic communications) and sent to the City's Account Manager. b. In carrying out their responsibilities, the parties shall remain independent contractors, and nothing herein shall be interpreted or intended to create a partnership, joint venture, employment, agency, franchise or other form of agreement or relationship. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie in Beaumont, Jefferson County, Texas. d. Either party may terminate this Agreement upon (30) thirty days prior written notice if deemed reasonably necessary for public health and safety reasons or if the services or operations hereunder become operationally impracticable. INTENTIONALLY LEFT BLAND Beaumont, Texas Bird Rides, Inc. Signed By: Signature: L l� Print Name: Kv It Ye4-ft < f Title: L.'�,wPIC164if� Address: Signature: Print Name: Austin Marshburn Title: Head of City & University Partnerships