PILOT ELECTRIC SCOOTER OPERATING AGREEMENT
This Pilot Electric Scooter Operating Agreement (hereinafter referred to as “Agreement”) is entered into by and between Bird Rides, Inc., located at 406 Broadway #369, Santa Monica, CA 90401 (hereinafter referred to as “Company”), and the City of Pleasant Hill (hereinafter referred to as “City”) located at 100 Gregory Lane Pleasant Hill, CA 94523 (the “City ”) as of [ ] __, 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 (12) months, which shall expire on . The Company may request a renewal of this Agreement and Pilot for one additional successive twelve-month period by providing written notice to the City of its intent to renew at least ninety (90) days before the end of the then-current term. The City will provide the Company with a response within thirty (30) days of written Notice, indicating whether it intends to approve renewal of the Agreement and Pilot for an additional twelve-month period. The City reserves the right to terminate the Agreement at any time by providing the Company a thirty-day (30) written notice.
3. Procedures
Within seven (7) days of execution of this Agreement, Company shall provide an affidavit of compliance with the terms of this Agreement and provide appropriate indemnification to the City.
4. Definitions
For purposes of this agreement:
a. The term “emergency” shall mean the City’s response to a fire, flood, traffic accident, or any other public calamity requiring immediate action in the area where a scooter has been parked; and
b. The term “public safety or access issue” shall mean a scenario in which the City determines it is necessary to remove a scooter in order to guarantee free pedestrian or vehicular movement in areas designated for that purpose, or when a scooter is impeding access to a public utility or other safety access point; c. The term “incorrectly parked” shall mean a scooter that is parked in a location not designated by the City as an appropriate permitted parking area, as more fully set forth in section 5.
5. Operating Regulations
a. Company, and/or its service providers, agents or assigns, shall be responsible for operating and maintaining 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 15 mph on a paved level surface when powered solely by the electric motor.
c. The Company shall deploy no more than 150 electric scooters at any time. The City reserves the right to modify the maximum number of electric scooters deployed by sending a thirty-day (30) notice to the Company.
d. The Company shall provide the City with electronic access to data about trips that originate, pass-through, or terminate in the City. This includes weekday and weekend data, peak ride distance and time (duration), average ride distance and time (duration), the highest ten (10) pick-up and termination sites, including any origins and destinations outside the City, as well as any complaints or suggestions received from the public. The data will be used to help provide policy recommendations regarding long-term contracts for single or similar use contracts.
e. Except as otherwise provided herein, City shall not regulate or oversee the daily operation of Stand-up Electric Scooters. It is the sole responsibility of the Company to regulate in accordance with applicable state law.
f. Stand-up Electric Scooters are to be ridden on streets, driveways, pedestrian plazas, and off-street parking lots, 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.
g. Stand-up Electric Scooters may not be ridden on sidewalks, curbs, or marked on-street parking stalls pursuant to state law.
h. Users of Stand-up Electric Scooters shall be 18 or older. The Company shall be responsible for verifying user age and restricting use through cloud service and mobile app solutions to those users under the age of 18 without parent or guardian permission. i. Users of Stand-Up Electric Scooter shall comply with California Vehicle Code Section 21235(d). The Company shall be responsible for verifying that users possess a valid California driver’s license or a learner’s permit.
j. Users of Stand-up Electric Scooters who violate these provisions may be fined by the City per City policy or consistent with fines for bicyclists. k. 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 and City elected officials and staff to make relocation, removal, or maintenance requests or to report other issues with or nuisances created by scooters and their users.
The Company toll-free phone number shall be manually staffed by customer service representatives. No answering machines. No answering service. No virtual receptionist.
The Company name and phone number shall be clearly marked on each scooter. l. Hours of operation when Company’s Stand-up Electric Scooters will be made available to rent in City are 4:00 a.m. to 12:00 a.m. (local time) seven days a week.
6. Parking
a. Users of Stand-up Electric Scooters shall park devices upright in the furniture zone of the sidewalk, beside a bicycle rack or in another area specifically designated for bicycle parking, or on the street next to an unmarked curb. Furniture zones are areas in the City right-of-way including certain areas of the sidewalk or on-street parking stalls designated for e-scooter parking. Furniture zones must maintain a minimum clearance of 48 inches at all times to accommodate pedestrian movement and satisfy ADA accessibility requirements. All furniture zones are City defined and determined by the City Engineer or Traffic Engineer.
b. Users shall not park or otherwise abandon Stand-up Electric Scooters in such a manner as to block the pedestrian clear zone area of the sidewalk or provide less than 48 inches of minimum clearance required; any fire hydrant, call box, or other emergency facility; bus bench, bus loading and unloading zone; utility pole, utility box, vault, manhole, or catch basin.
c. The Company is solely responsible for retrieving scooters. Should the Company fail to do so in a timely manner as determined by the City, and the City is called upon to remove scooters in an emergency or to address a public safety or access issue, the City shall fine the Company $75 per incident except such incidents as may occur after hours, on weekends, or on City-recognized holidays for which the City may impose an additional charge of $250 per incident. An incident may involve one or more scooters at a single location.
d. The Company shall respond to reports of incorrectly parked Scooters, Scooters continuously parked in one location (a location not previously sanctioned by the City) for more than 48 hours, or unsafe/inoperable Scooters, by relocating, re-parking, or removing the Scooters, as appropriate, within 4 hours of receiving notice from a User, representative of the City, or any other person/entity between the hours of 7:00 a.m. and 8:00 p.m. The Company agrees to respond to any requests received after 8:00 p.m. no later than 11:00 a.m. the next calendar day.
e. In the event a Scooter is not relocated, re-parked, or removed within the timeframe specified herein, or any Scooter is parked in one location for more than forty-eight (48) hours without moving, or any Scooter is blocking pedestrian travel or creating a public safety or access issue, such Scooters may be removed by City personnel and taken to a City facility for storage at the expense of the Company, not to exceed $100 per Scooter per three (3) business days of storage, additional days will be charged at a proportional rate.
f. The Company is solely responsible for retrieving scooters from the City Maintenance Yard. The City may at its sole discretion dispose of any or all scooters in its possession with or without notice to the Company. The Company is solely responsible and liable for all scooters and their conditions, whether they are in the City’s possession or not. The Company shall not be entitled to any claims against the City for losses resulting from the removal, handling, storage, misplacement, damages, loss or disposal of any scooters. g. All fines shall be invoiced monthly and shall be paid in full in arrears, within 30 days from the end of the preceding month.
h. Users shall not park or otherwise abandon Stand-Up Electric Scooters adjacent to and/or within a crosswalk, curb ramp, median pedestrian pathway, median (raised or striped), gutter pan, ditch, rolling curb, parking station kiosk, disabled parking zone, bicycle racks, and pedestrian push button.
i. Users shall not park or otherwise abandon Stand-Up Electric Scooters in such a manner as to impede or interfere with the use, storage, access, service, or truck pick-up operation of garbage bins, recycle bins, green waste bins, and recycled food bins in the City rightof-way. j. Users shall not park or otherwise abandon 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.
k. Users shall not park or otherwise abandon Stand-up Electric Scooters in such a manner as to impede or interfere with the reasonable use of any kiosk, telephone booth, bicycle rack, news rack, or mailboxes.
l. Users shall not park or otherwise abandon Stand-up Electric Scooters in any of the following areas:
i. On-street parking stalls
ii. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; iii. Loading zones;
iv. Disabled parking zone;
v. Street furniture that requires pedestrian access (e.g., benches, parking pay stations, bus shelters, transit information signs, etc.); vi. Curb ramps;
vii. Entryways; and
viii. Driveways.
m. Users may not park or otherwise abandon Electric Scooters on streets and driveways, paved or unpaved, in the City right-of-way.
n. Users of Stand-up Electric Scooters who violate these provisions may be fined per City policies or consistent with fines for cyclists.
o. Company may stage its Stand-up Electric Scooters in permitted parking areas as described in this section. To the extent the Company desires to stage Stand-up Electric Scooters in areas other than the City right-of-way, the Company must first obtain the right to do so from the appropriate City department, property owner, or public agency.
7. 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. The Company shall provide City staff with direct contact information for an account representative from Bird or its affiliate.
c. 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.
d. Under this Agreement, Company shall pay the City a revenue-share of $0.15 per ride for all rides that originate, pass-through, or terminate within the City limits to help fund bicycle and pedestrian facilities throughout the City, as well as to help defray the costs of the following activities, including but not limited to, City staff time in administration, monitoring, and evaluation of scooter-related activities. The Company shall pay the revenue-share to the City monthly, in arrears, within 30 days from the end of the preceding month.
e. Company shall provide notice, including tutorials at cloud-service or mobile app ride initiation, 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. Users under the age of 18 are required to wear a helmet pursuant to state law (California Vehicle Code Section 21235(c)); all others are encouraged to wear a helmet. The Company is responsible for verifying that all users under 18 years of age are in compliance.
iv. Parking must be done in the designated areas; and
v. Riding responsibly is encouraged.
f. Stand-up Electric Scooter riders are required to take a photo whenever they park their scooter at the end of a ride.
g. Company shall provide education to Stand-up Electric Scooter riders on safe and courteous riding, and proper parking.
8. Data Sharing
City may require Company to provide access to 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 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, retained, or in possession of the City; 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.
9. Indemnification
Company agrees to indemnify, defend and hold harmless City (and City’s employees, agents, officers, volunteers, consultants, vendors, contractors, 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’, officers’, volunteers’, consultants’, vendors’ contractors’, or affiliates’) sole 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 exclusively by the City’s negligent construction or maintenance of public infrastructure. City’s right to indemnification shall be contingent on the following: City notifying Company promptly following receipt or notice of any claim; Company shall have sole control of any defense; and City shall not consent to the entry of a judgment or enter into any settlement without the prior written consent of Company.
10. 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 $5,000,000.00 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.
11. 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.
City: Company:
City of Pleasant Hill
Attn: Community Development Director
100 Gregory Lane
Pleasant Hill, CA 94523
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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 another form of agreement or relationship. c. This agreement shall be governed by and construed in accordance with the laws of the State of California.
City of Pleasant Hill, CA Bird Rides, Inc.
Signed By:
Signature:___________________ Signature:___________________ Print Name: _________________ Print Name: _________________ Title: _______________________ Title: _______________________ Date: _______________________ Date: _______________________ Exhibit A: Furniture Zones