Proposed Encroachment Agreement for Dockless Scooters

The Proposed Master Right of Way Encroachment Agreement between the City and a scooter operator Licensee provides for the regulation in the matters of General Operations, Parking, and Safety. These matters are summarized below with included provisions to add sufficient detail and understanding of the breadth and depth of regulation that will be required.

1. General Terms & Conditions

A. Term

In order to effectively evaluate the scooter operators, including Licensee, and their ability to safely operate and comply with the terms of a master encroachment agreement, the duration of the Agreement will be for a period of one (1) year, until January 1, 2020, or upon the issuance of an RFP to select vendors, whichever first occurs. Any renewal or continuance of the Agreement will be at the sole discretion of the City of Raleigh.

B. Termination

The Agreement will contain termination provisions that allows for the City to review and revoke its continuance, taking into consideration factors such as compliance with the law by both the Licensee and its Users

1) The Agreement is revocable at will by the Raleigh City Council.

2) The City reserves the right to terminate the Agreement and require that all scooters be removed from the City’s Right-of-Way (1) if Licensee fails to comply with the Agreement, (2) violation of any local, state, or federal law by Licensee, (3) fraud, misrepresentation, or a knowingly false statement with respect to a material fact in the Agreement by Licensee, or (4) consistent failure by Users associated with Licensee to comply with applicable laws.

C. Liability

User Agreements between the Licensee and its Users tend to eliminate responsibility for the scooter operators for damages regardless of cause, with the costs of damages left to be paid by the person injured or to be the responsibility of the User. Responsibilities for costs and liability for damages, including both personal injury and property damage, are detailed in this Agreement. The Liability provisions within the General Terms & Conditions provide for the following:

1) Licensee is responsible for its own operational costs.

2) Licensee is responsible for damages and repair costs incurred by the City, including:

a) Property damage, personal injury, or death of any person caused by or arising out of the negligence, errors, omissions, defects, and/or willful misconduct, of the Licensee, its agents, employees, contractors, independent contractors, or subcontractors, and any cause of action arising out of the operation of said encroachment.

) Costs related to public property repair and maintenance costs that may be incurred by the City, including but not limited to any costs of repairing or maintaining damaged public property caused by the Licensee, or its Users, the removal and/or storage of improperly parked or abandoned scooters, and any violations of the Agreement, or any local, State, or Federal law.

c) Licensee is to obtain a continuing indemnity bond with sufficient surety, to reimburse the City for future public property repair and maintenance costs that may be incurred.

3) Indemnification of the City to include any claim, suit, action, demand, or proceeding made or brought against the City, its officers, councilors and employees, or on account of the investigation, defense, or settlement thereof, arising out of the Licensee’s, or any of its Users, agents, employees, contractors, independent contractors, or subcontractors’ use of the public space, public right of way, or public structure.

4) In addition to complying with the City’s standard Insurance Coverages, the Licensee is to provide insurance coverage for both Users and Contractors.

2. Operations

The Agreement includes operational regulations for each Licensee, including a maximum number of scooters, staffing requirements, and informational requirements. Some of the key provisions include:

A. The total number of scooters for all Licensees within the City not to exceed 1500 scooters. The City, at its sole discretion, may amend the maximum total.

B. Licensee may not exceed 500 scooters.

C. Licensee shall provide the City with a direct local contact for staff persons that are capable of rebalancing, relocating, and removing the scooters within two (2) hours of notification.

D. Licensee shall provide a twenty-four (24) hour Customer Service telephone number for persons to report safety concerns, maintenance issues, complaints, or ask questions.

E. Licensee shall relocate or rebalance the scooters daily.

F. Licensee shall provide User, prior to User’s operation of the Equipment, in-app messaging that notifies Users of proper use of the scooter and the fees and hourly rate to be paid by the User.

3. Parking

The Agreement sets out the specific location where scooters may not be parked in, on, or adjacent to, informing the Licensee that it is their responsibility to educate their Users that this is not allowed. The consequences of improper parking may result in removal of the scooter by the City at the Licensee’s expense.

A.

B.

Scooters shall not be parked in or on:

1) The pedestrian corridor, any vehicular travel lane, or any bicycle lane; or

2) Blocks without sidewalks.

Scooters shall not be parked in, on, or adjacent to:

1) Transit zones, including bus stops, and shelters, loading zones, accessible parking zones and/or associated loading zones;

2) Public benches, trash containers, parking pay stations, transit information signs, or other fixtures requiring pedestrian access;

3) Any building access, exits, or any emergency access or exit ways. Building access and building exits must maintain a 10-foot clearance;

4) Any emergency facility, fire or emergency related fixture;

5) Any driveway or cross-walk;

6) Any area within the public right-of-way improved with lawn, flowers, shrubs, or trees;

7) Any location where the clear space for the passageway of pedestrians is reduced to less than five (5) feet;

8) Parklets or sidewalk dining; or

9) Curb ramps, signal push buttons, or other facilities provided for handicapped persons.

If notified of public access and safety concerns by the City, Licensee shall repark/rebalance the identified scooter(s) within two (2) hours. If a scooter is not removed timely by the Licensee, the City may remove the scooter and take it to a designated facility for storage at the Licensee’s expense.

Licensee shall conduct a daily check for improperly parked or abandoned scooters.

When deploying, rebalancing, or relocating scooters, Licensee shall not place more than four scooters on a single block face.

Licensee shall remove all scooters from the public right of way no later than 10:00 PM EST for overnight charging and/or storage. Scooters may be re-positioned in the public right of way no earlier than 7:00 AM EST each day.

The City shall have the sole discretion to prohibit use or parking of any scooters within a designated area(s) for special or emergency events that require street closures and/or space upon street or sidewalk. 4. Safety

The Agreement sets forth safety requirements that echo those found in other municipalities for the purpose of safe operation of the scooters within City limits, including:

A. All scooters must meet local, state, and federal standards for manufacture, safety, financial responsibility, and registration.

B. Each scooter is limited to use by the number of persons upon or within such vehicle, including the operator, which it was designed to carry.

C. Licensee shall limit Users to persons aged eighteen (18) and older.

D. Every e-scooter shall have a unique identification number that is clearly displayed on the e-scooter and visible to the user and to enforcement officers at a distance of ten feet.

E. Each scooter shall display “No Riding on Sidewalk” on each scooter and prominently within the operator’s user app.

F. Every e-scooter shall have a customer service number that is in service at all operating hours and clearly displayed on the e-scooter and visible to the user.

G. All scooters must be equipped with technology, such as GPS, that allows the scooter to be located and tracked by the Operator at all times.

H. Any inoperable or unsafe scooter must be removed immediately from the right-of-way, and in no case more than twenty-four (24) hours from notice by any means to the Licensee; said scooter must be repaired before it is placed back into the City right-of- way.