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Home My WebLink About2022-01-17-I01D Bird Rides Electric Scooter AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 17, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Memorandum of Understanding with Bird Scooters. FORMAT:Consent SYNOPSIS INCLUDING PRO & CON: The Memorandum of Understanding outlines a one year pilot program with Bird Scooters. The agreement shall commence on March 1st and shall continue through March 31, 2023. Bird shall provide a minimum of 50 electric scooters for the program. There is no financial cost to the City of Waukee for this program. The success of the program will be evaluated after 9 months to determine future years. Bird will provide materials, videos, and signage to promote safe riding, to educate riders on rider responsibilities and to encourage safe and courteous riding and parking. The Bird scooters are an App based program and requires riders to be 18 years of age or older and to watch an educational video and agree to terms with Bird Scooters. The City Attorney has reviewed the Memorandum of Understanding. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Memorandum of Understanding PREPARED BY: Matt Jermier REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1D THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT BETWEEN CITY OF WAUKEE, IOWA, AND BIRD RIDES, INC. IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, Waukee Parks & Recreation Department staff have been in discussions with Bird Rides, Inc., about a pilot program to provide and maintain a fleet of a minimum of fifty (50) electric scooters for use in Waukee for users age 18 or older; AND, WHEREAS, the term of the pilot program agreement shall be March 1, 2022, through March 31, 2023, and is at no cost to the City of Waukee; AND, WHEREAS, the City Attorney has reviewed a proposed agreement and finds it satisfactory. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Agreement Between City of Waukee, Iowa, and Bird Rides, Inc., is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 17th day of January, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair Agreement Between The City of Waukee, Iowa and Bird Rides, Inc. This Agreement, dated for reference purposes the _____ day of _______________ 2022, is made and entered into by and between the City of Waukee, Iowa (“City”) and Bird Rides, Inc. (“Bird”) (collectively, the “Parties”). WHEREAS, Bird desires to offer electric scooter sharing services in City under the following terms and limitations identified within; and WHEREAS, City desires to have an additional transportation option for citizens to increase mobility throughout the community; and WHEREAS, the Parties desire to outline the terms and conditions to further their goals related to mobility in the community. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 1. Scope: This Agreement and its terms apply to the nonexclusive privilege of deployment of stand-up electric scooter sharing system by Bird within the City of Waukee. Bird may provide electric scooters under the terms and limitations set forth herein. Section 2. Term. The Term of this Agreement shall commence on the 1 st day of March, 2022 and shall continue through March 31, 2023. Either party may terminate this Agreement for convenience and without cause upon delivering thirty (30) days written notice to the other party. Section 3. Usage Regulations. Users of electric scooters must comply with the requirements of Iowa law and the City of Waukee Code of Ordinances and may be fined for violations of such requirements. Section 4. Bird Responsibilities. Bird shall provide a minimum of 50 electric scooters at the time of commencement of the Term. Prior to the placements of scooters by Bird in City, Bird shall receive approval from City to designate no ride zones, no parking zones, and reduced speed zones. Bird must require users to park electric scooters upright, on hardscape, and without blocking foot travel or ADA access. Bird shall provide easily visible contact information, including a toll-free phone number and/or an e-mail address on each electric scooter to allow members of the public to make relocation requests for abandoned electric scooters or to report other issues with electric scooters. Stand-up electric scooters will be made available to rent from 4 a.m. to midnight. When in use 1 between sunset to sunrise and when weather conditions provide insufficient lighting to render clearly discernable persons and vehicles on the road at a distance of 500 feet ahead, Bird shall assure that each electric scooter shall be equipped with a lamp on the front emitting a white light visible from a distance of at least 300 feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of 300 feet to the rear, except that a red reflector on the rear, may be used in lieu of a rear light. Bird shall provide materials, videos, and signage users to promote safe riding, to educate riders on rider responsibilities and to encourage safe and courteous riding and parking. This shall include a recommendation to wear helmets and the proper location for usage of scooters on roadways. Bird shall provide data requested by City to assist with monitoring electric scooter usage. Bird shall provide a local contact to respond to City issues related to Bird scooters. The local contact for Bird must respond within four (4) hours within business hours specified as 8AM - 8PM of contact from the City on an issue and provide notification upon resolution of the issue. Bird may not allow any electric scooter to be abandoned in a public place for more than twenty-four (24) hours. Upon termination of this agreement by City or Bird, Bird shall remove all equipment from City, and shall restore all parking areas to their original condition. Section 5. Reservation of Rights by City. City reserves the right to remove abandoned scooters when the scooters are creating a hazard or if Bird fails to resolve an issue within four (4) hours of notification, at the sole discretion of the City. Scooters removed from the public right-of-way by the City will be stored in a location determined by the City until retrieved by Bird. Section 6. Insurance. Bird Rides, Inc. shall provide City with proof of insurance coverage exclusively for the operation of Stand-up electric scooters including: Commercial General Liability insurance coverage with a limit of no less than $1,000,000.00 each occurrence and $2,000,000.00 aggregate. Include additional insured endorsement for the City of Waukee, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers (Use ISO form CG 20 26). Include Preservation of Governmental Immunities endorsement. Policy shall include Waiver of Right to Recover from Other endorsement; Automobile Insurance coverage with a limit of no less than $1,000,000.00 each occurrence and $1,000,000.00 aggregate. Include additional insured endorsement for the City of Waukee, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers (Use ISO form CG 20 26). Include Preservation of Governmental Immunities endorsement. Policy shall include Waiver of Right to Recover 2 from Other endorsement; and where Bird Rides, Inc. employs persons within the City, Workers' Compensation coverage of no less than the statutory requirement. Policy shall include Waiver of Right to Recover from Other endorsement. Section 7. Indemnification. Bird agrees to indemnify, defend and hold harmless the City of Waukee, its officers, employees, agents and affiliates (the Indemnified Parties) from and against all actions, damages or claims brought against the Indemnified Parties arising out of Bird's negligence or willful misconduct. Bird shall have no indemnification obligation under this Section if the loss or damage was caused solely by City's negligent construction or maintenance of public infrastructure as determined by City in its sole discretion. City's right to indemnification shall be contingent upon City notifying Bird promptly following receipt or notice of any claim against City arising out of or related to this Agreement. This provision shall survive termination of the agreement. Section 8. Notices. Any notice required by this Agreement must be provided to the Parties at the following addresses: CITY: City of Waukee c/o City Administrator 230 W. Hickman Rd Waukee, IA 50263 BIRD: Bird Rides, Inc. c/o Austin Marshburn 406 Broadway #369 Santa Monica, CA 90401 Section 9. Independent Contractor Status. In carrying out its responsibilities, Bird shall remain an independent contractor, and nothing herein shall be interpreted or intended to create a partnership, joint venture, employment, agency, franchise or other form of agreement or relationship between City and Bird. Section 10. The parties acknowledge that Bird may utilize independent business logistics providers to facilitate local operations. Bird's use of these logistics providers does not constitute a transfer or assignment of this Agreement, and Bird Rides, Inc. remains responsible for all obligations and requirements under this Agreement. Section 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. Section 12. Assignment. This Agreement may not be assigned by Bird without the prior written consent of City. 3 City of Waukee, Iowa Bird Rides, Inc. _______________________________ ___________________________________ Courtney Clarke, Mayor Austin Marshburn, Head of City & University Partnerships Dated: _________________________ Dated: __________________________ 4 01 / 12 / 2022