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HomeMy WebLinkAboutRexburg e Scooter Pilot Operating AgreementDraft Operating Agreement for e-Scooters This Pilot Operating Agreement (the “Agreement”) is entered into by and between the City of Rexburg, located at 35 N 1st Rexburg, ID 83440 (the “City”) and __________________ located at ______________________ as of [Date] _____. Statement and Purpose The purpose of this Agreement is to establish 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. 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 City in violation of this Agreement. This Agreement and the Pilot shall remain in effect for a period of six months and shall automatically renew for successive three-month terms thereafter unless terminated by either party. Procedure While this Agreement is in effect, Company shall be a 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. Operating Regulations Stand-up electric scooters shall mean a device weighing less than 100 pounds, that has (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. 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. 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. Defined locations, including Rexburg’s Downtown District and all City Parks, require that stand-up electric scooters have their speed limited to no more than 8-mph. E-Scooter corals (daily starting locations) shall be approved by the City prior to installation. Stand-up electric scooters shall be prohibited from operating and shall restrict use on private property; as well as the Brigham Young University-Idaho Campus and properties, unless: A Stand-up electric scooter company which has received permission from private property owners must notify the City of their right to operate on said private property by filing a signed agreement between the Company and the private property owner. Failure to notify the City will result in actions defined in Section 6. Areas generally open to the public, parking lots etc., are allowed unless otherwise noted by the property owner. Company shall provide easily visible contact information, including toll-free phone number and/or e-mail address on each Stand-up electric scooter for City employees and/or members of the public to make relocation requests or to report other issues with devices. Company shall be limited to a fleet size of 250 Stand-up electric scooters. Company is permitted to increase its fleet size on a regular basis in the event that Company’s fleet provides on average more than one ride per Stand-up electric scooter per day. City may require Company to reduce its fleet size on a monthly basis in the event Company’s fleet provides on average less than one-half ride per Stand-up electric scooter per day. City may request data from Company on a monthly basis to determine and demonstrate the utilization rate of vehicles in Company’s fleet, pursuant to Section 7. The Company shall register their business with the City Clerk and pay for a City Business Registration and pay $1.25 for each e-scooter that operates in Rexburg annually. Parking Users of Stand-up electric scooters shall park devices upright on hard surfaces in the boulevard strip 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. 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. 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. 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 the following circumstance: when marked parking spaces are officially designated stations for such devices in business districts. Users shall not park Stand-up electric scooters in the boulevard strip 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. Users of Stand-up electric scooters who violate these provisions may be fined by City consistent with fines for cyclists. 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. Operations 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. 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. Company shall respond to reports of incorrectly parked Stand-up electric scooters, Stand-up electric scooters continuously parked in one location for more than 48 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. In the event Company does not timely respond, and the condition of Stand-up electric scooter cannot be easily remedied, such Stand-up electric scooters may be removed by City crews and taken to a City facility for storage at the expense of Company, not to exceed $20 per Stand-up electric scooter. Company shall provide notice to all users that: 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 on bike lanes and bike paths; Helmets are encouraged for all users; Parking must be done in the designated areas; and Riding responsibly is encouraged. Stand-up electric scooter riders are required to take a photo whenever they park their scooter at the end of a ride.  Company shall provide education to Stand-up electric scooter riders on company rules and regulations, safe and courteous riding, proper parking, as well as the City’s rules and regulations. 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 Licensee or of any person or company controlled by, controlling, or under common control with Licensee, provided that, to ensure individual privacy: 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; 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 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. 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 be limited by 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. 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. 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 $500,000/$1,000,000 each occurrence; (b) Automobile Insurance coverage with a limit of no less than $500,000/$1,000,000 each occurrence and $500,000/$1,000,000 aggregate; (c) Umbrella or Excess Liability coverage with a limit of no less than $500,000/$1,000,000 each occurrence/aggregate; and (d) where Company employs persons within the City, Workers’ Compensation coverage of no less than the statutory requirement.