Bird Rides, Inc.DocuSign Envelope ID: A78AE411-D3AC-4D4D-88E6-4D18CE8A1D23
FRANCHISE AGREEMENT BETWEEN CITY OF MERIDIAN AND BIRD RIDES, INC.
FOR OPERATION OF SHARED VEHICLE SHARING PROGRAM
This FRANCHISE AGREEMENT BETWEEN CITY OF MERIDIAN AND BIRD
RIDES, INC. FOR OPERATION OF SHARED VEHICLE SHARING PROGRAM
("Agreement") is made entered into thisQ'01 day ofTulq 2019 ("Effective Date"), by
and between Bird Rides, Inc., a corporation organized un the laws of the state of Delaware,
("Franchisee"), and the City of Meridian, Idaho, a municipal corporation organized under the
laws of the state of Idaho ("City").
I. STATEMENT OF PURPOSE.
The City of Meridian has established, by ordinance, a Vehicle Sharing Program Franchise for the
operation of Vehicle Sharing Programs on Franchised Premises. This Franchise is granted
pursuant to the procedures and subject to the conditions and restrictions set forth in City's
request for proposals for Project no. MYR-1921-11034, and Franchisee's response thereto,
attached hereto as Exhibit A ("Proposal"). In consideration for City's grant of this franchise,
City shall not operate a Vehicle Sharing Program in Meridian. The purpose of this Agreement is
to establish terms and conditions governing Franchisee's use of Franchised Premises for its
Vehicle Sharing Program.
II. DEFINITIONS.
The following definitions shall apply to the terms used in this Agreement.
A. BEACON: A Bluetooth transmitter, placed by Franchisee, which broadcasts parking
locations to nearby Shared Vehicles.
B. ELECTRIC POWER -ASSISTED BICYCLE or E -BIKE: A vehicle that has two (2)
or three (3) tandem wheels, has no floorboard, and is propelled either by human
power or with the assistance of an electric motor. E -bikes are consumer products, as
defined by 15 U.S.C. section 2085, rather than motor vehicles as defined by Idaho
Code section 49-123(1)(h).
C. ELECTRIC POWER -ASSISTED SCOOTER or E -SCOOTER: A vehicle that has
two (2) or three (3) tandem wheels, has a floorboard designed to be stood upon when
riding, and is propelled either by human power or with the assistance of an electric
motor. E -scooters are consumer products, as defined by 15 U.S.C. section 2085,
rather than motor vehicles as defined by Idaho Code section 49-123(1)(h).
D. GEOFENCE: A virtual boundary around a geographical area monitored by a global
positioning system or radio frequency identification technology, which triggers a
response from a shared vehicle when it enters or leaves the geofenced area. Such
response may include, but shall not be limited to, decreased maximum speed or
inoperability.
FRANCHISE AGREEMENT WITH BIRD RIDES, INC. PAGE 1
E. FRANCHISED PREMISES:
1. Public streets and sidewalks in the City of Meridian;
2. Paved, ground-level surfaces on property owned by the City of Meridian,
excluding the Water Department and the Wastewater Reuse Facility; and
3. Pathways enumerated in the City of Meridian Pathways Master Plan, to the extent
City is duly authorized to convey such franchise under the various instruments
establishing such pathways.
F. FRANCHISEE or VEHICLE SHARING PROGRAM FRANCHISEE: A person who
owns, manages, operates, or acts on behalf of a Vehicle Sharing Program.
G. PROGRAM or VEHICLE SHARING PROGRAM: The offer for hire or use, by
self-service, of one or more shared vehicles.
H. RESTRICTED AREA: Any location where shared vehicles may not be parked.
I. RIDER: A person riding or using a shared vehicle.
J. SHARED VEHICLE: An e-bike, e-scooter, bicycle, or other vehicle offered by a
Vehicle Sharing Program Franchisee for hire or use by self-service
III. FRANCHISE GRANTED.
City, for and in consideration of the covenants and conditions set forth in this Agreement and
agreed to be kept and performed by Franchisee, does hereby provide to Franchisee a franchise to
allow riders to use shared vehicles, as part of Franchisee’s Vehicle Sharing Program, on the
Franchised Premises. Franchisee shall not use Franchised Premises for any other purpose
without the express written consent of City.
IV. TERM.
This Agreement shall be effective on the Effective Date first written above, and shall expire at
11:59 p.m. on December 31, 2019, unless earlier terminated by the method set forth herein.
V.CITY COMMITMENTS.
A.City Contact. Communication between City and Franchisee regarding
administrative matters shall occur via e-mail or telephone between City Contact and
Franchisee Contact. The following individual shall serve as the City Contact, City’s
personnel designated to serve as the liaison between City and Franchisee for
administrative matters:
City Contact Name: Caleb Hood
Planning Division Manager
Telephone number: 208-489-0572
FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 2
Meridian City Council Meeting Agenda July 9, 2019 – Page 305 of 542
E-mail address: chood@meridiancity.org
B.Right of entry. City and City’s contractors, employees, agents, and invitees, shall be
authorized to, at all times, to inspect City’s property and personal property located
thereon, for the purposes of inspection for compliance with the terms of this
Agreement.
C.No support. City shall not provide support, monitoring, or administration services
related to Franchisee’s use and occupancy of Franchised Premises and/or
Franchisee’s personal property thereon.
VI.FRANCHISEE COMMITMENTS.
A.Franchisee Contact. Communication between Franchisee and City regarding
administrative matters shall occur via e-mail or telephone between City Contact and
Franchisee Contact. The following individual shall serve as the Franchisee Contact,
Franchisee’s personnel designated to serve as the liaison between City and Franchisee
for administrative matters:
Franchisee Contact Name: Arthur Ortegon
Government Partnerships – Rockies Region
Telephone number: 303-588-7429
E-mail address: arthur.ortegon@bird.co
B. Type and number of shared vehicles.
1.Initial deployment. By August 1, 2019, Franchisee shall deploy in Meridian no
fewer than one hundred (100) e-scooters, and no more than one hundred fifty
(150) e-scooters, to be available for use as shared vehicles. All shared vehicles
shall meet the specifications of those described in Franchisee’s Proposal. The
date upon which the first one hundred (100) e-scooters are deployed in Meridian
shall be deemed the Initial Deployment Date.
2.Increase. Every fourteen (14) days following the Initial Deployment Date,
Franchisee may request authorization from City to increase the number of
e-scooters offered in Meridian under its Vehicle Sharing Program, by increments
of up to one hundred (100) e-scooters, up to a maximum of five hundred (500)
e-scooters deployed in Meridian.
3.Increase authorization. Franchisee Contact shall make its request for authority
to increase the number of shared vehicles offered under its Vehicle Sharing
Program via e-mail to City Contact, which request shall include a description of
which and how many additional shared vehicles are to be offered for hire or use,
the plan for addressing public safety issues related to the additional shared
vehicles’ operation and/or parking, and Franchisee’s certification that all shared
vehicles previously offered by Franchisee in Meridian were used, on average, at
FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 3
Meridian City Council Meeting Agenda July 9, 2019 – Page 306 of 542
least three times per day in the previous month, with data verifying same. Within
seven (7) days of Franchisee Contact’s request for authority to increase the
number of shared vehicles offered under its Vehicle Sharing Program, the City
Contact shall either authorize or deny the requested increase. The City Contact
shall deny a request from Franchisee for an increase in the maximum number of
shared vehicles offered under a Vehicle Sharing Program Franchisee Franchise
where:
a. Data does not reflect that all shared vehicles offered by Franchisee under
the previous version of the Vehicle Sharing Program franchise were used,
on average, at least three times per day in the previous thirty (30) days.
b. The Franchisee has violated a term or condition of this Agreement or of
law, or
c. The operation of the Program and/or any component thereof has varied
materially from the description submitted with the Proposal.
C.Franchise fee. Following execution of the franchise agreement, the successful
Respondent shall remit to the City Finance Department a nonrefundable franchise fee
in the amount of ten thousand, four hundred, fourteen dollars, and twenty-nine cents
($10,414.29). Of this amount, five thousand, two hundred, seven dollars and fourteen
cents ($5,207.14) shall be due within three (3) business days of the Effective Date of
this Agreement, and five thousand, two hundred, seven dollars and fourteen cents
($5,207.14) shall be due on or before September 1, 2019.
D.Beacons. If Franchisee installs Beacons, Franchisee shall notify City of same and
provide to City an electronic interface that allows City to view and suggest locations
of Beacons. Franchisee shall not install a Beacon without the permission of the
owner of the real and/or personal property on which the Beacon is installed.
E.Timely response; removal by City. Within two (2) hours of receiving notice,
Franchisee shall respond to any request to move, remove, or redistribute shared
vehicles; reports of incorrectly parked shared vehicles; or reports of unsafe/inoperable
shared vehicles by relocating, re-parking, or removing the shared vehicle(s) at issue.
Franchisee shall comply within twenty-four (24) hours with City’s order to remove all
shared vehicles due to denial or revocation of an application for a Vehicle Sharing
Program Franchise, expiration of the franchise term, failure to timely remit all or any
portion of the franchise fee or any portion thereof, or any other reason City deems to
serve the public health, safety, and/or welfare. In the event any shared vehicle is not
relocated, re-parked, or removed within the timeframe specified herein; if any shared
vehicle is parked in one location for more than seventy-two (72) hours without
moving; or in exigent circumstances, such shared vehicle may be removed by City
and taken to a City facility for storage at the expense of the Franchisee. City may
charge Franchisee one hundred dollars ($100.00) per shared vehicle removed and
stored by City. Franchisee shall pay any invoice for such charge within thirty (30)
days of City’s mailing or e-mailing such invoice.
FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 4
Meridian City Council Meeting Agenda July 9, 2019 – Page 307 of 542
F.Good repair. Franchisee shall be solely responsible for monitoring shared vehicles
to ensure that they are in good repair and that their use does not interfere with or
degrade City’s facilities, operations, systems, or equipment or present an imminent or
foreseeable threat to the public health and safety.
G.Data reports. To inform and support public safety and transportation planning
efforts, Franchisee shall provide to City, in the form and manner requested by City
Contact, at least quarterly, a report of anonymized trip records for each shared vehicle
deployed within Meridian, to include, but not be limited to, the following data: trip
start date, time, and location; duration; distance; and trip end date, time, and location.
H.Hours of operation. Franchisee shall remove all shared vehicles from use by the
public, whether physically or by geofencing, between 11:00 p.m. and 6:00 a.m.
Franchisee understands and acknowledges that City parks are closed every day
between dusk (30 minutes after sunset) and dawn (30 minutes before sunrise), and
may be closed at or for any time, place, or use by order of the Meridian Parks and
Recreation Director. This provision does not preclude the Franchisee or its agents
from operational activities, including but not limited to, pick up, maintenance,
inspections and deployment, beyond 11:00 p.m. and 6:00 a.m.
I.Shared vehicle specifications. Franchisee shall ensure that each shared vehicle used
under a Vehicle Sharing Program is:
1. Labeled with current contact information for the Franchisee and explains the
method by which riders and/or the public can notify Franchisee’s local agent to
report safety, maintenance, or parking issues.
2. Able to stand upright when parked.
3. Capable of informing riders of the location of designated parking areas.
4. Capable of being remotely disabled.
5. Capable of being located and controlled remotely, by geofencing or other remote
technology.
6. In good repair so as not to interfere with or degrade public facilities, operations,
systems, or equipment or to present an imminent or foreseeable threat to the
safety of riders or the public.
J.Rider information. Vehicle Sharing Program Franchisees shall inform riders of all
regulations regarding the proper use and parking of shared vehicles. Franchisee shall
provide a mechanism by which riders may provide feedback to Franchisee, including
feedback regarding parking areas or damaged shared vehicles.
K.Parking shared vehicles on Franchised Premises. Franchisee acknowledges,
understands, agrees to comply with, and make every effort to ensure that riders
comply with, the provisions of Meridian City Code regarding parking of shared
vehicles, including, without limitation, the requirement that shared vehicles be parked
in a manner that leaves clear at least five feet (5’) of the useable area of pathways and
sidewalks.
FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 5
Meridian City Council Meeting Agenda July 9, 2019 – Page 308 of 542
L.Shared vehicles in City parks. Use of shared vehicles in City parks shall be subject
to the following.
1. Franchisee shall establish geofences to prohibit shared vehicle use in or on the
following areas:
a. Playgrounds in regional parks;
b. Special use parks;
c. Tennis courts; and
d. Storey Bark Park.
2. Franchisees shall use verifiable technology to ensure that in parks, riders shall not
use a shared vehicle in excess of eight miles per hour.
3. Franchisee shall instruct and require riders to park shared vehicles upright, next to
a public bicycle rack or at a parking location identified by a Beacon.
4. Franchisees deploying shared vehicles in parks shall park such shared vehicles
upright, at a public bicycle rack or at a parking location identified by a Beacon.
M.Public park. The parties hereto expressly acknowledge that City parks and
City-owned facilities are public spaces, the management and scheduling of which
shall at all times be within the sole purview of City. City shall have the right to allow
the use of parks and City-owned facilities, and close all or any portion thereof, for
any purpose and under any condition. At all times, Franchisee shall be on an equal
footing with the general public regarding its use of parks and City-owned facilities.
Franchisee shall exercise any privileges granted by this Agreement only in
accordance with the terms of this Agreement and in accordance with any and all
applicable laws and City policies.
N.Public places. Franchisee acknowledges that the management and scheduling of
parks, pathways, streets, and sidewalks shall at all times be within the sole purview of
City and/or, where applicable, the Ada County Highway District (“ACHD”) or Idaho
Transportation Department (“ITD”). Such entities shall have the right to condition or
the use of, and/or close all or any portion of, their respective properties, for any and
all purposes and under any and all conditions. At all times, Franchisee shall be on an
equal footing with the general public regarding its use of public property. Franchisee
shall exercise any right granted by its franchise only in accordance with the terms of
this Chapter; with any and all applicable laws; and with City, ACHD, and ITD
policies.
O.Outreach. At least fourteen (14) days prior to deploying, parking, or allowing the
use of shared vehicles on the Franchised Premises, Franchisee will prepare for City’s
review and input a marketing and targeted community outreach plan to:
1. Describe and promote the Vehicle Sharing Program;
2. Educate the public regarding use of shared vehicles, including in parks and on
pathways; and
3. Inform the public about advisory safety measures and applicable regulations.
FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 6
Meridian City Council Meeting Agenda July 9, 2019 – Page 309 of 542
VII. GENERAL PROVISIONS.
A.Limitations. The franchise issued pursuant to this Agreement is only valid for
program operation within the public right-of-way within the city of Meridian.
Franchisee must obtain permission to use or allow shared vehicles on property other
than the public right-of-way, including property owned by private parties and public
entities. Private property owners and government entities may restrict or prohibit the
use of shared vehicles and/or the conduct of a Vehicle Sharing Program on their
property.
B.Risks acknowledged; as-is condition. Franchisee acknowledges that its use of
Franchised Premises carries risks, some of which are unknown, and accepts any and
all such risks. Franchisee acknowledges that Franchisee has inspected the Franchised
Premises and does hereby accept same as being in good and satisfactory order,
condition, and repair. It is understood and agreed that City makes no warranty or
promise as to the condition, safety, usefulness or habitability of Franchised Premises,
and Franchisee accepts same on an “as is” basis, both as of the Effective Date of this
Agreement and throughout the term of this Agreement and all related activities.
C.Restoration or repair. Franchisee shall be responsible for all costs of restoration or
repair of the Franchised Premises necessitated by damage caused by Franchisee’s use
under this Agreement.
D.No agency. It is understood and agreed that Franchisee is not, and shall not be
considered, an agent of City in any manner or for any purpose whatsoever in
Franchisee’s use and occupancy of the Franchised Premises.
E.Indemnification. Franchisee specifically indemnifies City and holds City harmless
from any loss, liability, claim, judgment, or action for damages or injury to
Franchisee, to Franchisee’s personal property or equipment, and to Franchisee’s
employees, agents, guests or invitees arising out of or resulting from the condition of
Franchised Premises or any lack of maintenance or repair thereon and not caused by
or arising out of the tortious conduct of City or its employees. Franchisee further
agrees to indemnify and hold City harmless from any loss, liability, claim or action
from damages or injuries to persons or property in any way arising out of or resulting
from the use and occupancy of Franchised Premises by Franchisee or by Franchisee’s
agents, employees, guests or business invitees and not caused by or arising out of the
tortious conduct of City or its employees. If any claim, suit or action is filed against
City for any loss or claim described in this paragraph, Franchisee, at City’s option,
shall defend City and assume all costs, including attorney’s fees, associated with the
defense or resolution thereof, or indemnify City for all such costs and fees incurred
by City in the defense or resolution thereof.
F.Insurance. Within three (3) business days of the Effective Date of this Agreement,
Franchisee shall submit to City proof of an insurance policy, issued by an insurance
FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 7
Meridian City Council Meeting Agenda July 9, 2019 – Page 310 of 542
company licensed to do business in Idaho, protecting Franchisee and all of
Franchisee’s employees and/or agents from all claims for damages to property and
bodily injury, including death, which may arise from operations under or in
connection with the Vehicle Sharing Program. Such insurance shall name the City as
additional insured, and shall provide that the policy shall not terminate or be canceled
prior to the expiration date without thirty (30) days’ advance written notice to the
City. Such insurance shall afford minimum limits of five hundred thousand dollars
($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00)
per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per
occurrence property damage.
G.Termination. Either party may terminate this Agreement for convenience or for
cause. Termination shall be effective five (5) calendar days following mailing of
written notice. Franchisee agrees that upon termination or expiration of this
Agreement, Franchisee shall remove all of its personal property from Franchised
Premises and surrender same to City in the same good condition as received,
reasonable wear and tear, act of God, act of nature, or damage by weather excepted.
Franchisee agrees to surrender possession and occupancy of the Franchised Premises
peaceably at the termination of this Agreement and any renewal or extension thereof.
Franchisee shall be responsible for all costs of restoration or repair of the Franchised
Premises necessitated by damage caused by Franchisee’s use under this Agreement.
H.Notices. Communication between the Franchisee Contact and the City Contact
regarding day-to-day matters shall occur via e-mail or telephone. All other notices
required to be given by either of the parties hereto shall be in writing and be deemed
communicated when personally served, or mailed by U.S. mail, postage prepaid.
Notices shall be addressed as follows:
If to Franchisee:
Bird Rides, Inc.
c/o National Registered Agents, Inc.
921 S. Orchard Street, Suite G
Boise ID 83705
If to City:
City of Meridian
Attn: Caleb Hood, Planning Division Mgr.
33 E. Broadway Avenue
Meridian ID 83642
I.No waiver. City’s waiver on one or more occasion of any breach or default of any
term, covenant or condition of this Agreement shall not be construed as a waiver of
any subsequent breach or default of the same or a different term, covenant or
condition, nor shall such waiver operate to prejudice, waive, or affect any right or
remedy City may have under this Agreement with respect to such subsequent default
or breach by Franchisee.
J.No assignment. Franchisee shall not assign, sublet, or transfer its rights under this
Agreement, or any portion thereof, without the express written consent of City.
K.Independent contractor. In all matters pertaining to this Agreement, Franchisee
shall be acting as an independent contractor, and neither Franchisee nor any officer,
FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 8
Meridian City Council Meeting Agenda July 9, 2019 – Page 311 of 542
DocuSign Envelope ID: A78AE411-D3AC-4D4D-88E6-4D18CE8A1D23
employee, contractor, or agent of Franchisee shall be deemed an employee of City.
Franchisee shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the
performance of this agreement shall be made by City.
L. Compliance with laws. In performing the scope of services required hereunder, City
and Franchisee shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
M. Attorney Fees. Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing parry shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorneys' fees as
determined by a court of competent jurisdiction. This provision shall be deemed to
be a separate contract between the parties and shall survive any default, termination
or forfeiture of this Agreement.
N. Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements, leases, or understandings, oral or written,
whether previous to the execution hereof or contemporaneous herewith.
O. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
P. Approval required. This Agreement shall not become effective or binding until
approved by both Franchisee and by Meridian City Council.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
FRANCHISEE:
Bird Rides, Inc.
DoauSignea by:
BY: NLauYi 6 V, ((
��erson, Director, Government Partnerships- Western U.S.
CITY OF MERIDIAN:
BY:
Tammy de Weerd, Mayor
FRANCHISE AGREEMENT WITH BIRD RIDES, INC.
Attest:
Gp�Q0"TED,q
r
C71�, w
ris � n, N
,o
0 SHO
mgr E,q j
��ofthe TREASUR�`1�\ \.
PAGE 9
EXHIBIT A
PROPOSAL
FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 10
Meridian City Council Meeting Agenda July 9, 2019 – Page 313 of 542
E IDIAN
PURCHASING DEPARTMENT
33 East Broadway Ave., Ste 106
lVleridian, lD 83642
Phone: (208) 489-0416
Fax: (208) 887-4813
REQUEST FOR PROPOSALS
PROJECT NO. MYR-1 921-11034
CONTRACT SPECI FICATIONS FOR:
VEHICLE SHARING PROGRAM
PROPOSALS IMUST BE RECEIVED PRIOR TO 4:00 P.l\4.
APRIL 5, 2019
DELIVER To: CITY OF MERIDIAN, PURCHASING DEPARTIVENT
33 EAST BROADWAY AVENUE, STE 106
MERIDIAN, ID 83642
Prepared by: KEITH WATTS
NAME AND ADDRESS OF VENDOR SUBTVIITTING PROPOSAL
NATVE DDRESS:
DATE
Email:
IDAHO
Meridian City Council Meeting Agenda July 9, 2019 – Page 314 of 542
PART
REQUEST FOR PROPOSALS
CITY OF MERIDIAN
Meridian, ldaho 83642
PROJECT # MYR-1 921-11 034
TABLE OF CONTENTS
PAGtr
t.
ll.
il1.
IV
V.
Cover Sheet.
Table of Contents.....
Notice Calling for Proposals
lnstructions to Respondents
Proposal Form.
Questionnaire .
Sample Agreement... ... ... ...
1
2
3
6
10
12
13
2of20
Meridian City Council Meeting Agenda July 9, 2019 – Page 315 of 542
PART I
NOTICE CALLING FOR PROPOSALS
PURPOSE
The City of Meridian seeks proposals to establish a pilot Vehicle Sharing Program to
provide dockless, shared e-scooters for public use on public streets and sidewalks in
the City of Meridian; paved, ground-level surfaces on property owned by the City of
Meridian (excluding the Water Department and the Wastewater Reuse Facility); and
pathways enumerated in the City of Meridian Pathways Master Plan (collectively,
"franchised premises"). The successful Respondent will be offered an exclusive
franchise agreement governing the terms and conditions of the program's operation in
Meridian. !n entering into the franchise agreement, the City seeks to facilitate
micromobility transportation options for residents of and visitors to Meridian while also
protecting and enhancing the safety of the several users of streets and sidewalks in our
community, including pedestrians, vehicular traffic, and shared vehicle riders.
Following execution of the franchise agreement, the successful Respondent shall remit
to the City Clerk a nonrefundable franchise fee in the amount of $25,000.00 annually.
Half shall be due within three (3) business days of execution of the franchise
agreement, and the other half shall be due on or before July 1 of each year. For new
franchisees only, the franchise fee due and owing shall be a prorated amount, less
$2,084.00 for each whole month of the calendar year that has passed prior to issuance
of the franchise. Franchise fees remitted to the City may be invested in costs that may
be incurred by the City in relation to Vehicle Sharing Programs, or in needed
infrastructure to support Vehicle Sharing Programs including, but not limited to, signage,
pathway improvements, pathway maintenance, and pathway repair.
PRESENTATIONS
Those respondents which are determined to be best qualified to undertake the services
required under this Request for Proposals may be invited to make a presentation to the
City. Further information may be provided to the prospective respondents after the
initial selection.
ELIGIBILITY
ln order to be eligible for selection, Respondent must be able to answer "yes" to all
questions listed in PART lV - ELIGIBILITY QUESTIONNAIRE. City may request
verification of answers.
BASIS FOR SELECTION
ln evaluating eligible applications, the following factors will be considered:
Ability of Respondent and proposed program to facilitate safe, balanced, effective
micromobility transportation options for residents of and visitors to [Vleridian (20
points);
3of20
a
Meridian City Council Meeting Agenda July 9, 2019 – Page 316 of 542
b. Appropriateness of proposed program for Meridian, particularly as to traffic, rider,
and pedestrian safety; effect on tt/eridian businesses; and reduction of vehicular
traffic (20 points);
c. Demonstrated competence in the implementation of micromobility programming,
including customer service plans and experience (20 points);
d. Consistency of proposed program with Clty policy, CARE values, and community
values (20 points); and
e. Respondent's ability to regulate, and demonstrated practice of remotely regulating,
rider use of devices as to speed and location (20 points).
History from the current and previous projects and customers of the respondent may be
used to evaluate some of the criteria. The City reserves the right to reject any or all
proposals, to make an award on the basis of suitability to purpose or superior quality, or
any other criteria the City believes to be in the best interest of the City.
After the City has identified the proposal with the best value for the City, the City shall
have the right to negotiate with the respondent over the final terms and conditions of the
contract. These negotiations may include bargaining. The primary objective of the
negotiations is to maximize the City's ability to obtain best value, based on the
requirements and the evaluation factors set forth in the Request for Proposals. lf an
agreement cannot be reached, the negotiation will be terminated and similar
negotiations will occur with the second ranked respondent.
GENERAL TERMS AND CONDITIONS
Mistakes must be corrected and the correction inserted; correction must be initialed in
ink by the person signing the Proposal.
The City reserves the right to waive any informalities or minor irregularities in
connection with the Proposals received.
All provisions of the City code are applicable to any Proposal submitted or contract
awarded pursuant thereto.
Within thirty (30) days after the Proposal opening, a contract may be awarded by the
City to the lowest responsive and responsible Respondent, subject to the right of the
City to reject all Proposals, as it may deem proper in its absolute discretion. The time
for awarding a contract may be extended at the sole discretion of the City if required to
evaluate Proposals or for such other purposes as the City may determine, unless the
Respondent objects to such extension in writing with his Proposal.
The City of Meridian does not discriminate on the basis of race, religion, sex, national
origin, marital status, age, physical handicap, ownership by women or minorities or
sexual orientation.
4of20
Meridian City Council Meeting Agenda July 9, 2019 – Page 317 of 542
EXAMINATION OF CONTRACT DOCUMENTS
Respondents shall carefully examine the specifications, and satisfy themselves as
to their sufficiency, and shall not at any time after submission of the Proposal,
dispute such specifications and the directions explaining or interpreting them.
The City of Meridian reserves the right to make an award to thaUthose highest
ranked responsive and responsible contractors (s) whose Proposal (s) is/are most
responsive to the needs of the City.
PURCHASE AGREEMENT DOCUMENTS
A copy of the Notice lnviting Proposals, General Conditions and lnstructions to
Respondents, Special Conditions, Additional Terms and Conditions, Specifications,
Plans and / or Drawings, Proposal's Submittal, and any other related documents
will remain on file in the office of the City Purchasing Agent. lt is understood that
these documents will form the basis of the purchase agreement upon award of the
contract. All materials or services supplied by the Contractor shall be in
conformance with all the specifications contained herein and shall be in compliance
with any applicable Local, State, and Federal Laws and regulations.
CITY'S REPRESENTATIVE
Keith Watts, Purchasing Manager
33 East Broadway Avenue, Suite 106
Meridian, lD 83642
(208)888-4433
Fax (208) 887-4813
kwatts@meridian citv.orq
Any and all explanations desired by a respondent regarding the meaning or
interpretation of this Request for Proposals or any part thereof must be requested in
writing and directed to the person named as the Purchasing Representative and in
accordance with section 1 "EXPLANATIONS TO RESPONDENTS". Violation(s) may
be caused for rejection of the proposal.
Dated: 3- ts -tq
CITY OF MERIDIAN
Keith atts,asing Manager
5of20
AWARD
Meridian City Council Meeting Agenda July 9, 2019 – Page 318 of 542
PART II
INSTRUCTIONS TO RESPONDENTS
1. EXPLANATIONS TO RESPONDENTS
There are twenty (20) total pages in this Request for Proposals. lt is the respondent's
responsibility to ensure that all pages are included. lf any pages are missing,
immediately request a copy of the missing page (s) by e-mailing your request to
Keith Watts, Purchasing Manager at kwatts@meridiancitv.orq , RFP Project # MYR-
1921-11034.
Any explanation desired by a respondent regarding the meaning or interpretation of the
Request for Proposals, or any part thereof, must be requested in writing (via e-mail) and
with sufficient time allowed for a reply to reach respondent before the submission of
their proposal. Any interpretation made will be in the form of an addendum to the
Request for Proposals, issued by the Purchasing Agent, and will be furnished to all
prospective respondents of record. Oral explanations or instructions given before
proposal opening will not be binding.
2. CONDITIONS AFFECTING THE WORK
Before submitting a proposal, each respondent must (1) examine the Request for
Proposals documents thoroughly, (2\ visit the site to familiarize himself/herself with local
conditions that may, in any manner, affect cost, progress or performance of the work,
(3) familiarize himself/herself with Federal, State and Local laws, ordinances, rules and
regulations that may, in any manner, affect cost, progress or performance of the work;
and (4) study and carefully correlate respondent's observations with the Request for
Proposals. Failure to do so will not relieve respondent from responsibility for estimating
properly the difficulty or cost of successfully performing the work. The City will assume
no responsibility for any understanding or representations concerning conditions made
by any of it's officers or agents prior to the execution of the contract, unless included in
the Request for Proposals, or any addendum.
3. SUBMITTAL REQUIREMENTS
One (1) original, two (2) hard copies and one (1) electronic copy (USB Drive) of the
respondent's proposal will be received by the City until 4:00 p.m., [VlT on the due date
stated above at the office of the Purchasing Agent, City of Meridian, 33 East Broadway
Avenue, Ste. 106, [Vleridian, ldaho 83642. The envelope must be sealed and the
outside of the envelope must bear the notation:
PROJECT # MYR-1 921 -11034
VEHICLE SHARING PROGRAM
APRIL 5, 2019 4:00 P.M.
The Proposal must contain the following information:
a. Completed proposal form submitted on PART lll - PROPOSAL FORM
6of20
Meridian City Council Meeting Agenda July 9, 2019 – Page 319 of 542
b. Completed questionnaire submitted on PART lV - QUESTIONNAIRE
c. Written narrative to include each and all of the following
1) Description of respondent's experience with shared vehicle programs, including
how long the respondent has been engaged in this business, experiences in
other venues, including under other similar contracts awarded to it, and work
completed of similar type and magnitude.
2) A description of the proposed program, including which shared vehicles are to be
offered for hire or use, and the number of shared vehicles to be deployed (both
as planned initially and as projected when program is fully developed), hours of
operation, deployment locations, fleet balancing approach, and proposed
program start date.
3) Specifications of shared vehicles to be used in the program, including maximum
speeds, identification with current franchisee contact information; method by
which customers can notify local agent to report safety or maintenance issues;
and whether able to: stand upright when parked, inform riders of the location of
designated parking areas, be remotely disabled or controlled, condition and
safety features to protect the safety of riders, pedestrians, motor vehicles, and
property.
4) Plan for addressing public safety and other issues and incidents related to the
shared vehicles' operation and/or parking, including response time, approach to
shared vehicles improperly or inconveniently parked.
5) Proposed role of City staff in program management, including fielding complaints
or suggestions, enforcement of rider rules, and encountering or removing shared
vehicles improperly or inconveniently parked.
6) Conditions of operation that will protect the public health, safety, and welfare and
mitigate effects of the program on vehicular traffic, pedestrians, or property.
7) Plan and capabilities for sharing vehicle and ridership data with City to inform
and support public safety and transportation planning efforts, including
anonymized trip records for each shared vehicle deployed within [Vleridian (e.9.,
trip start date, time, and location, duration; distance; trip end date, time, and
location).
8) Rider rules, regulations, and terms of use, including whether the following
conditions will be recommended or required for riders: minimum age, helmet use,
licensed driver.
9) Plan for public outreach and education prior to and during franchise term,
including plan to contact l\Ieridian business, school, and residential communities.
10)Plan for outreach and communication with fi/eridian Police Department regarding
public safety issues prior to and during franchise term.
7 of20
Meridian City Council Meeting Agenda July 9, 2019 – Page 320 of 542
11)Plan for outreach and communication with transportation authorities and pathway
easement property owners regarding program's use of infrastructure prior to and
during franchise term.
12)Plan, including currently available technology, to remotely regulate or control
shared vehicle speeds and locations, particularly in City parks, pathways, and
facilities.
13)Plan for locations and approach to installation of transmitters, if any, to identify
parking locations to shared vehicles.
14)Description of successes and lessons learned in other communities in which the
Respondent has operated vehicle sharing program(s).
1S)Contact information for up to five (5) references from other communities in which
the Respondent has operated vehicle sharing program(s).
4. LATE PROPOSALS AND MODIFICATIONS
Proposals and modifications thereof received after the exact time of closing of proposals
listed on the cover of this solicitation will not be considered.
5. WITHDRAWAL OF PROPOSALS
Unless otherwise specified, proposals may be withdrawn by written request received
from respondent prior to the time set for closing of proposals.
6. INTENT OF THE CITY
The objective of this Request for Proposals is to provide sufficient information to enable
qualified respondents to submit written proposals. This Request for Proposals is not a
contractual offer or commitment to purchase services. Contents of this Request for
Proposals and respondent's proposal will be used for establishment of final contractual
obligation. lt is to be understood that this Request for Proposals and the Respondent's
proposal may be attached or included by reference in an agreement between the City
and successful Respondent.
7. REQUIRED INSURANCE
lnsurance requirements are listed in PART V - SAMPLE AGREEMENT
8. TERM
The successful respondent shall be required to (a) sign a City contract (b) commence
work under the contract within ten (10) calendar days after the date the successful
respondent receives the Notice to Proceed, (c) perform the work diligently, and (d)
complete the work by the completion date negotiated.
8of20
Meridian City Council Meeting Agenda July 9, 2019 – Page 321 of 542
9. PUBLIC RECORDS
The City of t\Ieridian is a public agency. All documents in its possession are public
records. Proposals are public records and, except as noted below, will be available for
inspection and copying by any person. lf any Respondent claims any material to be
exempt from disclosure under the ldaho Public Records Law, the Respondent will
expressly agree to defend, indemnify and hold harmless the City from any claim or suit
arising from the City's refusal to disclose any such material. No such claim of
exemption will be valid or effective without such express agreement. The City will take
reasonable efforts to protect any information marked "confidential" by the Respondent,
to the extent permitted by the ldaho Public Records Law. Confidential information must
be submitted in a separate envelope, sealed and marked "Confidential lnformation" and
will be returned to the Respondent upon request after the award of the contract. lt is
understood, however, that the City will have no liability for disclosure of such
information. Any proprietary or othenvise sensitive information contained in or with any
Proposal is subject to potential disclosure.
12: PROPOSED SCHEDULE
March 13,2019 RFP issued
April 5, 2019 DEADLINE FOR SUBMISSION OF PROPOSAL:
All applications must be received by 4:00 p.m. (MST).
By April 18,2019 Selection panel convenes and selects one eligible proposal
By April 19, 2019
By May 2,2019
Selected Respondent notified; franchise agreement offered
Franch ise negotiations complete; prospective franch isee m ust retu rn
signed agreement by 12:00 p.m. (IVST).
May 7, 2019 Execution of franchise agreement.
9of20
Meridian City Council Meeting Agenda July 9, 2019 – Page 322 of 542
PART III
PROPOSAL FORM
ln response to the Request for Proposals, the undersigned respondent hereby proposes
to furnish labor, material, travel, professional services, permits, supervision, equipment
and all related expenses, and to perform all work necessary and required to complete
the following project in strict accordance with the terms of this Request for Proposals
and the final contract for:
PROJECT # MYR-1 921-11 034
VEHICLE SHARING PROGRAM
Respondent certifies that he/she has examined and is fully familiar with all of the
provision of the Request for proposals and any addendum thereto; that he/she is
submitting a proposal in strict accordance with the lnstructions to Respondents; and that
he/she has carefully reviewed the accuracy of all materials submitted in response to this
proposal.
Respondent certifies that he/she has examined the proposal documents thoroughly,
studied and carefully correlated respondent's observations with the proposal
documents, and all other matters which can in any way affect the work or the cost
thereof.
Respondent agrees that this proposal constitutes a firm offer to the City which cannot
be withdrawn by the respondent for sixty (60) calendar days from the date of actual
opening of proposals. lf awarded the contract, respondent agrees to execute and
deliver to the City within seven (7) calendar days after receipt of City's Conditional
Notice of Award, the applicable Contract form, franchise fee, and insurance certificates.
RESPONDENT'S BUS]NESS NAME:
By:
(signature in ink)
Date:
Agent:
Title:
10 of 20
Meridian City Council Meeting Agenda July 9, 2019 – Page 323 of 542
RESPON DENT'S LOCAL ADDRESS/PHONE/ E-[/AI L
(PH)
(E-t\4AlL)
RES PON DENT'S CORPORATE AD DRESS/PH ON E/ E-IVIAI L
(PH)
(E-ruArL)
NAIUE/ADDRESS OF REGISTERED AGENT IN IDAHO
DECLARATION: The undersigned declares: that he/she holds the position indicating
below as a corporate officer or the owner or a partner in the business entity submitting
this Proposal; that the undersigned is informed of all relevant facts surrounding the
preparation and submission of this Proposal, that the undersigned knows and
represents and warrants to the City of tVleridian that this Proposal is prepared and
submitted without collusion with any other person, business entity, or corporation with
any interest in this Proposal.
I declare under penalty of perjury that the foregoing is true and correct
BY
TITLE
ADDRESS
DATE
11 of 20
RESPONDENT:
Meridian City Council Meeting Agenda July 9, 2019 – Page 324 of 542
PART IV
ELIGI BI LITY QU ESTIONNAI RE
Respondent must answer "yes" or "no" to each of the following questions. Circle the correct
answer.
A. Does Respondent operate vehicle sharing programs in at least twenty (20)
cities, and/or has Respondent provided 1,000,000 rides to date (in aggregate)?
YES NO
B. Will Respondent deploy shared vehicles which meet each and all of the
following physical specifications?
1. Labeled with current contact information for the franchisee.
2. Able to stand upright when parked.
3. ln good repair so as not to interfere with or degrade public facilities, operations,
systems, or equipment or to present an imminent or foreseeable threat to the
safety of riders or the public.
YES NO
C. Will Respondent connect an app to all shared vehicles deployed which meets
al! of the following specifications?
1. Explains the method by which riders can notify the local agent of the franchisee
to report safety or maintenance issues.
2. lnforms riders of the location of designated parking areas.
3. Capable of being remotely disabled.
4. Capable of being located and controlled remotely, by geofencing or other remote
technology.
YES NO
12 of 20
Meridian City Council Meeting Agenda July 9, 2019 – Page 325 of 542
PART V
SAMPLE AGREEMENT
FRANCHISE AGREEMENT BETWEEN CITY OF MERIDIAN AND FRANCHISEE
FOR OPERATION OF SHARED VEHICLE SHARING PROGRAM
ON CITY PROPERTY
This MEMORANDUM OF AGREEMENT BETWEEN CITY OF MERIDIAN AND
FRANCHISEE FOR OPERATION OF SHARED VEHICLE SHARING PROGRAM ON CITY
PROPERTY ("Agreement") is made entered into this _ day of 20r9
("Effective Date"), by and between Franchisee, a corporation organized under the laws of the
state of State, ("Franchisee"), and the City of Meridian, Idaho, a municipal corporation organized
under the laws of the state of Idaho ("City").
1. Statement of Purpose
The City of Meridian has established, by ordinance, a Vehicle Sharing Program Franchise for the
operation of Vehicle Sharing Programs on Franchised Premises. This Franchise is granted
pursuant to the procedures and subject to the conditions and restrictions set forth in City's
request for proposals for Project no. MYR- 1921 - I 1034, and Franchisee's response thereto,
attached hereto as Exhibit A ("Proposal"). In consideration fbr City's grant of this franchise,
City shall not operate a Vehicle Sharing Program in Meridian. The purpose of this Agreement is
to establish terms and conditions governing Franchisee's use of Franchised Premises for its
Vehicle Sharing Program.
2. Definitions
The definitions codified at Meridian City Code section 8-3-1 shall apply to the terms used in this
Agreement, as shall the following definitions:
A. BEACON: A Bluetooth transmitter, placed by Franchisee, which broadcasts parking
locations to nearby Shared Vehicles.
B. ELECTRIC POWER-ASSISTED BICYCLE or E-BIKE: A vehicle that has two (2) or
three (3) tandem wheels, has no floorboard, and is propelled either by human power or
with the assistance of an electric motor. E-bikes are consumer products, as defined by l5
U.S.C. section 2085, rather than motor vehicles as defined by Idaho Code section 49-
123(lxh).
C. ELECTRIC POWER-ASSISTED SCOOTER or E-SCOOTER: A vehicle that has two (2)
or three (3) tandem wheels, has a f'loorboard designed to be stood upon when riding, and is
propelled either by human power or with the assistance of an electric motor. E-scooters are
consumer products, as defined by 15 U.S.C. section 2085, rather than motor vehicles as
defined by Idaho Code section a9-123(l)(h).
D. GEOFENCE: A virtual boundary around a geographical area monitored by a global
positioning system or radio frequency identitlcation technology, which triggers a response
from a shared vehicle when it enters or learres the geofenced area. Such response may
13 of 20
Meridian City Council Meeting Agenda July 9, 2019 – Page 326 of 542
include, but shall not be limited to, decreased maximum speed or inoperability
E. FRANCHISEE or VEHICLE SHARING PROGRAM FRANCHISEE: A person who owns,
manages, operates, or acts on behalf of a Vehicle Sharing Program.
F. PROGRAM or VEHICLE SHARING PROGRAM: The offer for hire or use, by self-service,
of one or more shared vehicles.
G. RESTRICTED AREA: Any location where shared vehicles may not be parked.
H. RIDER: A person riding or using a shared vehicle
I. SHARED VEHICLE: An e-bike, e-scooter, bicycle, or other vehicle offbred by a Vehicle
Sharing Program Franchisee for hire or use by self-service
3. Franchise granted.
City, for and in consideration of the covenants and conditions set forth in this Agreement and
agreed to be kept and performed by Franchisee, does hereby provide to Franchisee a license to
allow riders to use vehicles as part of Franchisee's Vehicle Sharing Program on Franchised
Premises, to be defined as:
a. Paved, ground-level surfaces on property owned by the City of Meridian, excluding the
Water Department and the Wastewater Reuse Facility;
b. Pathways enumerated in the City of Meridian Pathways Master Plan, to the extent City is
duly authorized to convey such license under the various instruments establishing such
pathways; and
c. The downtown streetscape within the City Core, as such terms are defined in Title 8, Chapter
1, Meridian City Code, to the extent City is authorized by the Ada County Highway District
("ACHD") under the Master License Agreement.fbr Regulalion and Maintenance o.f
Sidewalk Facilities in the Meridian City Core entered into by City and ACHD on August 7,
2012.
Franchisee shall not use Franchised Premises for any other purpose without the express written
consent of City.
4. Term
This Agreement shall be effective on the Effective Date first written above, and shall expire at
11:59 p.m. on DATE, unless earlier terminated by the method set forth herein.
5. City Commitments
a. City Contact. City shall provide to Franchisee the name, e-mail address, and telephone
number of specific City personnel ("City Contact") who shall serve as the liaison
between City and Franchisee fbr administrative matters (e.g., if n shared vehicle needs to
be moved or removed from Franchised Premises, etc.). Communication between
Franchisee and City regarding administrative matters shall occur via e-mail or telephone
between City Contact and Franchisee Contact.
14 of 20
Meridian City Council Meeting Agenda July 9, 2019 – Page 327 of 542
b. Right of entry. City and City's contractors, employees, agents, and invitees, shall be
authorized to, at all times, to inspect City's property and personal property located
thereon, for the purposes of inspection for compliance with the terms of this Agreement.
c. No support. City shall not provide support, monitoring, or administration services
related to Franchisee's use and occupancy of Franchised Premises and/or Franchisee's
personal property thereon.
6. FranchiseeCommitments
a. Type and number of shared vehicles.
(1) Initial deployment. By date, Franchisee shall deploy in Meridian no fewer than one
hundred (100) e-scooters, and no more than number e-scooters to be used as shared
vehicles. All shared vehicles shall meet the specifications of those described in
Franchisee' s Proposal.
(2) Increase. Every number days, Franchisee may request authorization from City to
increase the number of shared vehicles offered under its Vehicle Sharing Program, by
increment, up to a maximum of number shared vehicles. Franchisee Contact shall
make its request for authority to increase the number of shared vehicles offered under
its Vehicle Sharing Program in writing to City Contact, which request shall include a
description of which and how many additional shared vehicles are to be offered for
hire or use, the plan for addressing public safety issues related to the additional shared
vehicles' operation and/or parking, and Franchisee's certification that all shared
vehicles previously offered by Franchisee in Meridian were used, on average, at least
three times per day in the previous month, with data verifying same. Within fourteen
(14) days of receipt of a complete application, the City Contact shall either authorize
or deny the requested increase. The City Contact shall deny a request from
Franchisee for an increase in the maximum number of shared vehicles offered under a
Vehicle Sharing Program Franchisee Franchise where:
(a) Data does not reflect that all shared vehicles offered by Franchisee under the
previous version of the Vehicle Sharing Program franchise were used, on average,
at least three times per day in the previous thirty (30) days.
(b) The Franchisee has violated a term or condition of this Agreement or of law, or
(c) The operation of the Program and/or any component thereof has varied materially
from the description submitted with the Proposal.
b. Franchise fee. Following execution of the tianchise agreement, the successful
Respondent shall remit to the City Clerk a nonrefundable fianchise fee in the amount of
$Amount. $Amount shall be due within three (3) business days of execution of this
Agreement, and $Amount shall be due on or befbre July 1,2019.
c. Franchisee Contact. Franchisee shall provide to City the name, e-mail address, and
telephone number of specific Franchisee personnel ("Franchisee Contact") who shall
serve as the liaison between City and Franchisee for administrative matters (e. g., rf an
shared vehicle needs to be moved or removed fiom Franchised Premises, etc.).
Communication between Franchisee and City regarding administrative matters shall
occur via e-mail or telephone between City Contact and Franchisee Contact.
15 of 20
Meridian City Council Meeting Agenda July 9, 2019 – Page 328 of 542
d. Beacons. [If Franchisee installs Beaconsl Franchisee shall provide to City an electronic
interface that allows City to view and suggest locations of Beacons. Franchisee shall not
install a Beacon without the permission of the owner of the real and/or personal property
on which the Beacon is installed.
e. Timely response; removal by City. Franchisee shall respond to any request to move,
remove, or redistribute shared vehicles; reports of incomectly parked shared vehicles; or
reports of unsafe/inoperable shared vehicles by relocating, re-parking, or removing the
shared vehicle(s) at issue within two (2) hours of receiving notice. Franchisee shall
comply within twenty-four (24) hours with City's order to remove all shared vehicles due
to denial or revocation of an application for a Vehicle Sharing Program Franchisee
Franchise, expiration of the franchise term, or tailure to timely remit all or any portion of
the franchise fee or any portion thereof. In the event a shared vehicle is not relocated, re-
parked, or removed within the tirnefiame specified herein; if any shared vehicle is parked
in one location for more than seventy-two (72) hours without moving; or in exigent
circumstances, such shared vehicle may be removed by City and taken to a City facility
for storage at the expense of the Franchisee. City rnay charge Franchisee $250 per shared
vehicle removed and stored by City.
f. Good repair. Franchisee shall be solely responsible for monitoring shared vehicles to
ensure that they are in good repair and that their use does not interfere with or degrade
City's facilities, operations, systems, or equiprnent or present an imminent or foreseeable
threat to the public health and safety.
g. Quarterly data reports. To infbrm and support public safety and transportation
planning efforts, Franchisee shall provide to the City, in the form and manner requested
by City Contact, a quarterly report of anonymized trip records for each shared vehicle
deployed within Meridian, to include, but not be limited to, the following data: trip start
date, time, and location; duration; distance; and trip end date, time, and location.
h. Hours of operation. Franchisee shall rerrove all shared vehicles from use, whether
physically or by geofencing, between 1 l:00 p.m. and 6:00 a.m. Franchisee understands
and acknowledges that parks are closed every day between dusk (30 minutes after sunset)
and dawn (30 minutes before sunrise), and may be closed by order of the Meridian Parks
and Recreation Director.
l.Shared vehicle specifications. Franchisees shall ensure that each shared vehicle used
under a Vehicle Sharing Program is:
4. Labeled with current contact information for the franchisee and explains the method
by which customers can notity the local agent of the franchisee to report safety or
maintenance issues.
5. Able to stand upright when parked.
6. Capable of informing riders of the location of designated parking areas.
7. Capable of being remotely disabled.
8. Capable of being located and controlled rernotely, by geofencing or other remote
technology.
9. In good repair so as not to interf-ere with or degrade public facilities, operations,
systems, or equipment or to present an imminent or fbreseeable threat to the safety of
riders or the public.
16 of 20
Meridian City Council Meeting Agenda July 9, 2019 – Page 329 of 542
j. Rider information. Vehicle Sharing Program Franchisees shall inform riders of all
regulations regarding the proper use and parking ofshared vehicles. Franchisee shall
provide a mechanism by which riders may provide feedback to Franchisee, including
feedback regarding parking areas or damaged shared vehicles.
k. Parking shared vehicles on Franchised Premises. Franchisee acknowledges,
understands, and agrees to comply with the provisions of Meridian City Code regarding
parking of shared vehicles, including. without limitation, the requirement that shared
vehicles be parked in a manner that leaves clear at least five feet (5') of the useable area
of pathways and sidewalks. Franchisee shall park shared vehicles only in designated
parking areas. In City parks, the designated parking area for shared vehicles shall be next
to bicycle racks, unless otherwise indicated by a Beacon.
l. Shared vehicles in City parks. Use of shared vehicles in City parks shall be subject to
the following.
(l) Franchisee shall establish geofences to prohibit shared vehicle use in or on the
following areas:
a. Playgrounds in regional parks;
b. Special use parks;
c. Tennis courts; and
d. Storey Bark Park.
(2) Franchisees shall use verifiable technology to ensure that in parks, riders shall not use
a shared vehicle in excess of eight miles per hour.
(3) Franchisee shall instruct and require riders to park shared vehicles upright, next to a
public bicycle rack or at a parking location identified by a Beacon.
(4) Franchisees deploying shared vehicles in parks shall park such shared vehicles
upright, at a public bicycle rack or at a parking location identified by a Beacon.
m. Public park. The parties hereto expressly acknowledge that the Franchised Premises are
public spaces, the management and scl-reduling of which shall at all times be within the
sole purview of City. City shall have the right to allow the use of Franchised Premises,
and close all or any portion of Franchised Premises, for any and all purposes and under
any and all conditions. At all times, Franchisee shall be on an equal footing with the
general public regarding its use of Franchised Premises. Franchisee shall exercise any
license granted by this Agreement only in accordance with the terms of this Agreement
and in accordance with any and all applicable laws and City policies.
n. Public places. Franchisee acknowledges that the management and scheduling of parks,
pathways, streets, and sidewalks shall at all times be within the sole purview of City
and/or, where applicable, the Ada County Highway District ("ACHD") or Idaho
Transportation Department ("ITD"). City shall have the right to condition or the use of,
andlor close all or any porlion of its property, fbr any and all purposes and under any and
all conditions. At all times, Franchisee sliall be on an equal fboting with the general
public regarding its use of public propefiy. Franchisee shall exercise any right granted by
its franchise only in accordance with the terms of this Chapter: with any and all
applicable laws; and with City, ACHD, and ITD policies.
17 of20
Meridian City Council Meeting Agenda July 9, 2019 – Page 330 of 542
o. Outreach. Prior to parking or using shared vehicles on the Franchised Premises,
Franchisee will prepare for City's review and input a marketing and targeted community
outreach plan to:
a) Describe and promote the Vehicle Sharing Program;
b) Educate the public regarding use of shared vehicles, including in parks and on
pathways; and
c) Inform the public about advisory safety measures and applicable regulations.
7. General provisions
a. Limitations. A franchise issued pursuant to this Agreement is only valid for program
operation within the public right-of-way within the city of Meridian. Franchisee must
obtain permission to use or allow shared vehicles on property other than the public right-
of-way, including property owned by private parties and public entities. Private property
owners and government entities may restrict or prohibit the use of shared vehicles and/or
the conduct of a Vehicle Sharing Program on their properly.
b. Risks acknowledged; as-is condition. Franchisee acknowledges that its use of
Franchised Premises carries risks, some of which are unknown, and accepts any and all
such risks. Franchisee acknowledges that Franchisee has inspected the licensed areas and
does hereby accept same as being in good and satisfactory order, condition, and repair. It
is understood and agreed that City makes no warranty or promise as to the condition,
safety, usefulness or habitability of Franchised Premises, and Franchisee accepts same on
an "as is" basis, both as of the Effective Date of this Agreement and throughout the term
of this Agreement and all related activities.
c. Restoration or repair. Franchisee shall be responsible for all costs of restoration or
repair of the Licensed Areas necessitated by darnage caused by Franchisee's use under
this Agreement.
d. No agency. It is understood and agreed that Franchisee is not, and shall not be
considered, an agent of City in any manner or for any purpose whatsoever in Franchisee's
use and occupancy of the Licensed Areas.
Indemnification. Franchisee specifically indernnifies City and holds City harmless from
any loss, liability, claim, judgment, or action tbr damages or injury to Franchisee, to
Franchisee's personal property or equipment, and to Franchisee's employees, agents,
guests or invitees arising out of or resulting trom the condition of Franchised Premises or
any lack of maintenance or repair thereon and not caused by or arising out of the tortious
conduct of City or its employees. Franchisee further agrees to indemnify and hold City
harmless from any loss, liability, claim or action liom damages or injuries to persons or
property in any way arising out of or resr.rlting tiom the use and occupancy of Franchised
Premises by Franchisee or by Franchisee's agents, employees, guests or business invitees
and not caused by or arising out of the tortious conduct of City or its employees. If any
claim, suit or action is filed against City fbr any loss or claim described in this paragraph,
Franchisee, at City's option, shall defend City and assume all costs, including attorney's
fees, associated with the defense or resolution thereof, or indemnify City for all such
costs and fees incurred by city in the def'ense or resolution thereof.
e
18 of 20
Meridian City Council Meeting Agenda July 9, 2019 – Page 331 of 542
f. Insurance. Within two (2) working days of the Efl-ective Date of this Agreement,
Franchisee shall submit to City proof of an insurance policy, issued by an insurance
company licensed to do business in Idalio, protecting Franchisee and all of Franchisee's
employees and/or agents from all clairns fbr damages to property and bodily injury,
including death, which may arise from operations under or in connection with the Vehicle
Sharing Program. Such insurance shall name the City as additional insured, and shall
provide that the policy shall not terminate or be canceled prior to the expiration date
without thirty (30) days' advance written notice to the City. Such insurance shall afford
minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury,
five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five
hundred thousand dollars ($500,000.00) per occurrence property damage.
g. Termination. Either party may terminate this Agreement for convenience or for cause.
Termination shall be effective five (5) calendar days following mailing of written notice.
Franchisee agrees that upon termination or expiration of this Agreement, Franchisee shall
remove all of its personal property from Franchised Premises and surrender same to City
in the same good condition as received, reasonable wear and tear, act of God, act of
nature, or damage by weather excepted. Franchisee agrees to surrender possession and
occupancy of the Licensed Areas peaceably at the termination of this Agreement and any
renewal or extension thereof. Franchisee shall be responsible for all costs of restoration
or repair of the Licensed Areas necessitated by darnage caused by Franchisee's use under
this Agreement.
h. Notices. Communication between the Franchisee Contact and the City Contact regarding
day-to-day matters shall occur via e-rnail or telephone. All other notices required to be
given by either of the parties hereto shall be in writing and be deemed communicated
when personally served, or mailed by U.S. mail, postage prepaid. Notices shall be
addressed as follows:
FRANCHISEE: Meridian:
Company Name City of'Meridian
Attn: Name, Title Attn: City Contact
Address 33 E. Broadway Avenue
Address Meridian ID 83642
i. No waiver. City's waiver on one or more occasion of any breach or default of any term,
covenant or condition of this Agreement shall not be construed as a waiver of any
subsequent breach or default of the same or a diff-erent term, covenant or condition, nor
shall such waiver operate to prejudice, waive, or affect any right or remedy City may
have under this Agreement with respect to such subsequent default or breach by
Franchisee.
j No assignment. Franchisee shall not assign, sublet, or transf-er its rights under this
Agreement, or any portion thereof, without the express written consent of City.
k. Independent contractor. In all matters perlaining to this Agreement, Franchisee shall
be acting as an independent contractor. and neitl-rer Franchisee nor any officer, employee,
contractor, or agent of Franchisee shall be deemed an employee of City. Franchisee shall
have no authority or responsibility to exercise any rights or power vested in City. The
19 of 20
Meridian City Council Meeting Agenda July 9, 2019 – Page 332 of 542
selection and designation of the personnel of City in the performance of this agreement
shall be made by City.
l. Compliance with laws. In performing the scope of services required hereunder, City
and Franchisee shall comply with all applicable laws. ordinances, and codes of Federal,
State, and local governments.
m. Attorney Fees. Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailir-rg party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorneys' fees as determined by a
court of competent jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture of this
Agreement.
n. Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements. leases, or understandings, oral or written,
whether previous to the execution hereof or contemporaneous herewith.
o. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
p. Approval required. This Agreemer-rt shall not become effective or binding until
approved by both Organizer and by Meridian City Council.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
Franchisee:
COMPANY NAME:
Name
Title
CITY OF MERIDIAN:Attest:
BY:
Tammy de Weerd, Mayor C..lay Coles, City Clerk
20 of 20
Meridian City Council Meeting Agenda July 9, 2019 – Page 333 of 542
City of Meridian
Meridian City Council Meeting Agenda July 9, 2019 – Page 334 of 542
Meridian City Council Meeting Agenda July 9, 2019 – Page 335 of 542
Meridian City Council Meeting Agenda July 9, 2019 – Page 336 of 542
Meridian City Council Meeting Agenda July 9, 2019 – Page 337 of 542
Ending a Ride
At the end of the trip, Bird’s customized in-app messaging notifies
riders to park Birds out of public pathways and at bike racks, near
public transit stops, or in corrals, where available. Riders lock their
vehicle and end the ride using the app.
At the end of every ride, riders are instructed to take a photo of their
Bird to “verify proper parking.” The prompt also reminds riders of
proper parking etiquette. The photos are collected as a way to verify
proper parking. This enables us to track parking behavior and identify
and follow up with riders who may need additional education on safe
parking behavior. Repeat offenders can have their accounts
suspended and, in some cases, terminated.
Beginning a Ride
Through the Bird smartphone app, riders can see the
closest Bird on a map, walk to it and unlock it, and
begin a ride.
Riders will be instructed to wear a helmet and to not
ride on sidewalks. Safety reminders are also included
on labels that are placed on each Bird. After putting on
a helmet, riders are instructed to push the vehicle
forward a few times with their feet to engage the
motor.
Chargers
Bird will employ a network of Chargers from Meridian who are
independent contractors responsible for helping set up and
maintain vehicles in the community. Working in close coordination
with Bird, Chargers access the “Operator Mode” of the Bird app
to identify where to place nests (small groupings of fully charged
and recently-inspected vehicles) in the morning. Chargers also
use the operator mode of the application to identify where to pick
up Birds to bring them in for inspection and charging.
Similar to riders, all Chargers are required to photograph the
nests they’ve set up. The photographs are reviewed and
approved by our operations team. If the operations team receives
a photo of a nest that does not meet our requirements, that
Charger is given feedback and issued a warning.
Birds are picked up regularly for charging and any necessary
repairs by Chargers. This helps keep riders safe and Birds in
good condition.
Bird Watchers
As described more fully in Section 2 (above), upon receiving a report through Bird Support or Community Mode, Bird Watchers
can be dispatched to correct any issues, including poor parking, rebalancing, and more.
Bird is dedicated to the regular maintenance and improvement of our fleet. Over the last year and a half of operating experience,
we’ve evolved our vehicle designs to be safer, more reliable, and consistent for our riders. Bird performs a daily inspection on
each vehicle every day through our comprehensive program of Chargers, Bird Watchers, and Mechanics (all described in Section
2 above). All Bird repairs are performed by Bird employees in-house.
When a Bird is in need of repair, the Bird app hides damaged vehicles from riders on the map and disallows a rider trip to start
until a trained Mechanic has inspected and repaired the vehicle. This ensures vehicles needing maintenance or repair are not
used until the problems have been addressed. When a vehicle is marked as inoperable or damaged, our team will locate and
either provide on-the-spot maintenance, or remove that vehicle from the road to be repaired. Damaged Birds are replaced
immediately by fully-operational Birds so that our overall fleet size remains static.
Regular maintenance and repairs are performed by our team of Meridian-based employees throughout the day. Should a vehicle
have more significant repair needs, we remove it from the fleet to be repaired. Birds are not returned to the road until they
complete our comprehensive quality assurance inspection. We have a variety of touch points for maintenance as detailed below.
Pre-launch Preventative Maintenance
Bird’s maintenance program begins before a Bird reaches the road,. During the value added production process where Bird’s
technology is added to vehicles, each Bird undergoes a 14 point quality assurance inspection and that is signed off by the
engineering team members performing the assembly as well as the inspection managers. Then, each Bird is submitted to hands-
on validation testing with respect to braking, steering, and throttle control. These steps ensure Bird scooters are deployed at their
maximum level of performance and service.
Mechanic Training and Function
Bird has a rigorous training program for Mechanics. To be eligible to become a Bird Mechanic, a baseline level of vehicle repair
knowledge must first be demonstrated. Bird then trains each of its Mechanics in the various functions and capabilities of each of
its scooter models and the variety of repair needs that may surface in its functional life. In addition, Bird has developed
specialization teams to focus on certain vehicle components like Bird’s on-board computer brain, handlebar fixtures, and disc
brake repair. When a vehicle is delivered to a service center, it is inbounded by our trained team of Mechanics, inspected, triaged,
and tagged. Birds then move through the multi-tiered logistic warehouse repair flow, receiving service from Mechanics who
specialize in specific repair points until the Bird has passed all quality assurance protocols.
Vehicles Beyond Repair
If a vehicle requires significant repairs, it will be sent to our vehicle facility near Meridian for inspection. Our team of technicians
and engineers will thoroughly inspect the vehicle and repair it if possible. Should the vehicle no longer be safe for use, it is broken
down into its component parts. Reusable parts are tested and verified for function and safety and then reused on other vehicles
requiring repairs.
4) Plan for addressing public safety and other issues and incidents related to the shared vehicles' operation and/or
parking, including response time, approach to shared vehicles improperly or inconveniently parked.
Parking Strategy
We share a collective responsibility to keep our neighborhoods safe and clean. For Bird, this means keeping our sidewalks clear.
While we have already taken many steps in other markets to ensure compliance with local and state laws related to parking,
riding, and roadway safety, we are continuously developing more effective enforcement, messaging tools, and strategies,
including better incentives and disincentives to encourage good parking behavior. We will treat Meridian with the same care,
attention, and respect.
We understand the need to respond quickly to any issues or complaints. The following is an overview of strategies that we have
implemented, or are working towards implementing, to ensure that Birds are always parked in a responsible, legal, and compliant
way that does not disrupt the community.
Education
In-App and Online Education
Bird is committed to educating riders and the community about safety rules and regulations at the time of sign-up and before
every ride. Information provided on each Bird will inform riders of how to operate the device safely. In-app messaging will instruct
riders on responsible riding and parking practices.
•Obey all applicable vehicle code requirements.
•Strongly encourage the use of helmets.•Park and ride in appropriate locations.
Bird explicitly instructs riders on the proper way to park scooters (such as in the furniture zone, not blocking driveways, entrances,
access ramps, etc.) in the Bird app, on our website, and through outbound communications (email, push, and in-app
notifications). The Bird app features a comprehensive, animated safety video that all Bird riders are required to watch and engage
with when they first open the application. The video is always accessible in the app and in the safety section of the Bird website.
In the animated video, riders are shown how to ride and park vehicles in a responsible, legal, and compliant way. This includes
showing riders that they are required to park out of the pedestrian right-of-way and not to block access to ramps, driveways,
doorways, and more. The video relies on clear images, in addition to written language, to be as universally accessible as
possible.
We can also implement Meridian-specific educational safety banners that riders see at the top of their mobile screen before each
ride begins, and again while they are ending their ride and parking. We look forward to continuing to work with Meridian to
customize this messaging in order to provide the most relevant safety messages and rules of the road.
As noted in other sections, riders are required to submit end-of-ride photos that allow us to monitor parking behavior and adjust
our online education efforts based on the feedback.
!
NO SIDEWALKS
TIPPED OVER
BIRD ALERT
ID:XDHVG
B,.ES/E-B,.ES
81
S&22TE5S
37 as many injuri es
reported on scooters
5ESU/TS
1/2,1-U 5 ,ES
96,50
&A//S 5E&E,VE' ,1 4 021T+S
19
&A//S )52 0 E-S&22T E5 ,1-U 5 ,ES /,)E-T+5 E AT E 1,1 * &A //S
0
A UST,1, TE;AS
E-scooters are as safe as bicycles
According to data collected by the Austin Emergency Medical Services and a
subsequent analysis by Austin Public Health, 37 scooter injuries were reported among
approximately one million scooter rides during a five-month period. This compares to
81 reported bicycle injuries over the same period. Four months of EMS records show
few e-scooter related injuries.
See https://mailchi.mp/kcmo.org/few-injuries-related-to-electric-scooters
See http://www.austintexas.gov/edims/document.cfm?id=307564
2
3
By The 1umbers
.A1SAS &,T<, 0,SS2U5,
)our months of E0S records show less than five e-scooter injuries
per month
A manual review of nearly 100,000 EMS records logged between July 2018 through
October 2018 shows only 19 accidents involving electric scooters, according to the
Kansas City Fire Department.
Case Study: Portland, Oregon
,n January, 2019, the Portland %u reau of Transportation P%OT released its
much anticipated 2018 E-Scooter Findings 5eport. P%OT concluded that shared
e-s cooters are just as safe as ot her modes of transportation
34%
With 34 percent of Portland scooter riders
stating they replaced car trips with e-scooter
trips, an increase in e-scooter use has the
potential to contribute to a reduction in
serious injuries and fatalities.
O t her Ney safety related findings from the study include •S idewalN riding was more than x less prevalent on streets with
protected biNe lanes. •After more than 700,000 trips, there were only 2 reports of
pedestrian injury and no indication that either one was severe.
,n recognition of the strong linN between driving and overall crash risN, the
study highlighted the potential of increased e-scooter ridership to maNe
streets safer for everyone
After reviewing emergency department and urgent care clinic data, we found that
e-scooters have risks similar to other parts of the transportation system.
We did not find a disproportionate risk that would discourage the city
from allowing a scooter ride-share pilot.
--Portland Environmental Health Director Jae Douglas, Ph.D.
“
”
7) Plan and capabilities for sharing vehicle and ridership data with City to inform and support public safety and
transportation planning efforts, including anonymized trip records for each shared vehicle deployed within Meridian (e.g.
trip start date, time, and location, duration; distance; trip end date, time, and location).
We support the Mobility Data Specification (MDS) API, which includes a tokenized feed of detailed trip data such as trip route,
duration, and distance, in addition to battery level and vehicle ID. We also host an open General Bikeshare Feed Specification
(GBFS) availability feed, which can allow the City and third parties to access information on all currently available vehicles.
We also support city-specific data-sharing dashboards, which include:
•Real-time aggregated, anonymized data.
•Ridership heat maps with ride start-and-end information.
•Rider frequency.
•Contact information for a dedicated Government Relations representative.•Real-time maps of all Birds and all active rides in the City.
SERVING UCLA
Data Dashboard &
Tech Support
Premium dashboard with white glove tech support,
which will:
●Track all Bird vehicles and trips
●Calculate transition from car trips to Bird
trips for compliance with C02 emissions
reduction commitments
●Plan transit integration with popular Bird
traffic routes
●Help improve multimodal infrastructure
planning
●Plan Bird parking locations based on flight
patterns
●Help determine how Bird ridership is
deterring intracampus Rideshare trips
The Bird API allows you to access in-depth data on Bird operations in your city. Built to the Mobility Data Specification (MDS) standard, developed by the
LADOT, our application program interface (API) can provide you with a wide range of information on vehicle availability, trips, and status changes.
To streamline the process of pulling real time data, you should ping Bird’s
API endpoints every 2-3 minutes, pulling only the data for that time
window. This will also improve performance of any applications updating
based on MDS data.
When pulling large amounts of historical data, allow your system to
properly ingest, process, load and store data by limiting your queries to
one month periods and not making more than one call every five
seconds.
Make smaller, more frequent calls Space out large requests
TYPES OF INFORMATION PROVIDED IN THE API
BEST PRACTICES
HOW TO GET STARTED
1.Login at the provided [yourcity].open.bird.co landing page using your city email address.
(Let your Bird contact know if you need access).
2.Click on your username in the upper right hand corner and select ‘settings’ from the drop down menu.
3.To enable collaboration with other cities and identify where Bird can complement your mobility menu
4.Use this token to make an API request. For example, let’s say you want to get availability information.
You send a GET to https://mds.bird.co/availability. As the headers you’ll send:
Because MDS request require an authentication header you can not use
a web browser. You will need to use a different method, such as a
command line interface or API development environment.
If you’re integrating data into a 3rd party tool,
that partner will often have helpful sample code
for how to integrate into their platform.
Don’t access the API through a web browser Leverage partners for sample code if needed
TRIP INFORMATION
Trip length
including both duration
and distance
Start & end time
timestamp for when trips and
events happen
Route
including lat/log at ride
start and end and regular
observed points on route
Cost
including both standard
and actual cost
Vehicle information
Vehicle status
such as available, reserved,
unavailable, and removed
Events that change status
including service period, rider
usage, maintenance, and battery
level
Event location
shared as a GeoJSON
with latitude and
longitude coordinates
Vehicle ID
unique vehicle
identification number also visible
on the vehicle
$
Getting started with your Bird MDS API
!27
8) Rider rules, regulations, and terms of use, including whether the following conditions will be recommended or
required for riders: minimum age, helmet use, licensed driver.
Rider Rules
Bird explicitly instructs riders on rules of the road through the Bird app, on our website, and through outbound communications
(email, push, and in-app notifications). This includes the proper way to ride and park scooters (such as in the furniture zone, not
blocking driveways, entrances, access ramps, etc.). Additionally, the Bird app features a comprehensive, animated safety video
that all Bird riders are required to watch and engage with when they first open the application. The video is always accessible in
the app and in the safety section of the Bird website.
In the animated video, riders are shown how to ride and park vehicles in a responsible, legal, and compliant way. This includes
showing riders that they are required to park out of the pedestrian right-of-way and not to block access to ramps, driveways,
doorways, and more. The video relies on clear images, in addition to written language, to be as universally accessible as
possible.
We can also implement Meridian-specific educational safety banners that riders see at the top of their mobile screen before each
ride begins, and again while they are ending their ride and parking. We look forward to continuing to work with Meridian to
customize this messaging in order to provide the most relevant safety messages and rules of the road.
9) Plan for public outreach and education prior to and during franchise term, including plan to contact Meridian
business, school, and residential communities.
Education
In-App and Online Education
Bird is committed to educating riders and the community about safety rules and regulations at the time of sign-up and before
every ride. Information provided on Bird scooters will inform riders on how to operate the device safely, including the following
safety precautions as well as best riding and parking practices:
•Obey all applicable vehicle code requirements
•Strongly encourage the use of helmets
•Park in appropriate locations
•Financial penalties for violation of any of the above
As mentioned previously, Bird explicitly instructs riders on the proper way to park e-scooters (such as in the furniture zone, not
blocking driveways, entrances, access ramps, etc.) in the Bird app, on our website, and through outbound communications
(email, push, and in-app notifications). The Bird app features a comprehensive, animated safety video that all Bird riders are
required to watch and engage with when they first open the application. The video is always accessible in the app and in the
safety section of the Bird website.
In the animated video, riders are shown how to ride and park vehicles in a responsible, legal, and compliant way. This includes
showing riders that they are required to park out of the pedestrian right-of-way and not to block access to ramps, driveways,
doorways, and more. The video relies on clear images, in addition to written language, to be as universally accessible as
possible.
We can also implement Meridian-specific educational safety banners that riders see at the top of their mobile screen before each
ride begins, and again while they are ending their ride and parking. We look forward to continuing to work with Meridian to
customize this messaging in order to provide the most relevant safety messages and rules of the road.
As noted in other sections, riders are required to submit end-of-ride photos that allow us to monitor parking behavior and adjust
our online education efforts based on the feedback.
San Antonio, Texas
Bird began operating in San Antonio in June 2018, and the City
passed a 6-month dockless pilot program i n O c t o b e r 2 0 1 8 . T h e
rules set out in the pilot program ensure safe and equitable
service by enforcing a minimum rider age of 16 (Bird requires all
riders to be 18 or over), making bike lanes and/or streets the
primary areas where riders should use Bird, and not setting a limit
on the number of vehicles Bird can operate across San Antonio.
Bird follows a strict utilization operational model, meaning that we
will only add more Birds to a given market if there is an average of
2 rides per vehicle per day. This ensures we are meeting, but not
exceeding, rider demand.
After months of thoughtful deliberation, the City of San Antonio
decided that the best way to ensure that it’s residents will have
access to this accessible, sustainable transportation option was by
allowing Bird to responsibly allocate vehicles based on utilization -
as opposed to implementing a “top down” cap that is inflexible
and doesn’t take account of ridership patterns, seasonality, etc.
Memphis, Tennessee
In June 2018, the City of Memphis invited Bird to help them tackle their transportation challenges . After a series
of meetings with City Staff, the parties agreed to an Interim Operating Agreement, which enables Bird to follow
the utilization cap fleet management model, placing no cap on Bird’s fleet sizes. Memphis has since emerged as
a pioneer in the dockless mobility movement and is the first City to implement designated Bird parking spots.
We continue to have a great working relationship with the City of Memphis and look forward to continuing to
grow Bird’s fleet to achieve our shared mobility goals.
Dallas, Texas
Dallas City Council announced a dockless vehicle ordinance in June 2018, the same month in which Bird began
operating in the City. Over the last six months, we have formed close relations with the Dallas Department of
Transportation (DOT), in large part because their dockless vehicle regulations prioritize both safety and
innovation. These regulations state that e-scooters should be ridden in bike lanes whenever available, and should
be parked out of the public right-of-way - two guidelines that Bird communicates to all riders prior to their first
ride through an in-app tutorial. Dallas also does not limit the number of vehicles Bird operates in Dallas. Similar to
San Antonio, this allows Bird to expand our fleet according to utilization and ultimately provide a more accessible
and equitable service for all.
Indianapolis, Indiana
Bird worked closely with Indianapolis through the Summer of 2017 on developing a regulatory framework
that permitted 1,500 vehicles for the first 30 days of operations, with the ability to scale up to 6,000 vehicles.
This fleet size enabled Bird to provide a more equitable service to the community by scaling beyond areas of
the City with the highest concentration. This also enabled residents to consistently rely on Bird for their daily
transportation needs as they navigate to/from the city as well as within it. However, while having an adequate
fleet size is necessary for providing an equitable and reliable service, Bird recommends utilization caps - as
this allows supply to scale with demand, and not oversaturate or undersupply markets.
As metropolitan populations increase and more cars are added to already congested streets - traffic
tightens, parking difficulties escalate, infrastructure lags behind, commute times increase, and air
and noise pollution threaten the climate and our quality of life. Now is the perfect time for cities to
invest in sustainable, people-centric transportation solutions, and Bird looks forward to partnering
with cities as they ideate and create regulations for dockless mobility services in their community.
Hurricane Florence Case Study
Background
In September of 2018, Hurricane Florence, a Category 4 hurricane with sustained winds of 130 mph, hit the Southeast region of the
United States. This tragic event primarily affected the states of North Carolina, South Carolina, and Virginia—including the following
cities Bird operates in: Charlotte, Raleigh, Winston-Salem, Greensboro, Richmond, Virginia Beach, and Norfolk.
This was the first weather event of its kind to occur since Bird began its operations in the Southeast region. In order to adequately
prepare Hurricane Florence, Bird—in partnership with city officials—took a number of actions to prepare for the storm. The
following is an overview of how Bird prepared and executed its operational plan during Hurricane Florence.
The Execution
Prior to Florence reaching U.S. soil, Bird mobilized our
network of on-the-ground employees and trained
chargers to prepare
for the storm, alerting them of the actions that needed
to take place. The most intensive, and important,
action that needed to take place was removing
vehicles from the road in a timely manner, prior to the
beginning of the storm.
Bird immediately cleared the map of all Birds to
prohibit usage, and within days, the team had
successfully removed thousands of Birds in Charlotte,
Raleigh, Winston-Salem, Greensboro,
Richmond, Virginia Beach, and Norfolk. Throughout
the storm, Bird’s operations team continued monitoring
the incoming storm
and provided real-time status updates to our
employees, city partners, chargers, and riders to
promote transparency and ensure safety.
Once the storm had passed, Bird worked closely with
local municipalities to determine when it was safe for
Birds to return to city streets. Prior to resuming service
and enabling rides, all Birds were thoroughly inspected
for any damages, and only those deemed safe
to ride were returned to streets.
Raleigh
Charlotte
Greensboro
Winston-Salem
Richmond
Norfolk
Virginia Beach
APPENDIX A:
TERMS OF SERVICE
APPENDIX B:
RENTAL AGREEMENT
Thank you
Meridian City Council Meeting Agenda July 9, 2019 – Page 398 of 542