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IV.5. Authorize the execution of the Memorandum of Understanding (MOU) Agreement for Joint Participation in Shared Mobility Request for Proposals; Elverum CITY OF HOPKINS City Council Report 2024-141 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Kersten Elverum, Director of Planning & Development Date: November 12, 2024 Subject: MOU for Participation in Shared Mobility Program _____________________________________________________________________ RECOMMENDED ACTION MOTION TO authorize the execution of the Memorandum of Understanding (MOU) Agreement for Joint Participation in Shared Mobility Request for Proposals. OVERVIEW The City of Hopkins was first able to bring scooters to Hopkins in 2022 through a pilot program with Bird. In 2023, the City of Hopkins partnered with the cities of St. Louis Park and Golden Valley and brought Spin scooters to our communities. In 2024, the City of Hopkins planned to continue Spin’s contract, but learned shortly before the 2024 season that Spin was acquired by Bird. Bird filed for Chapter 11 bankruptcy shortly thereafter. The uncertainty surrounding Spin’s financial stability prompted the partnership of Hopkins, St. Louis Park and Golden Valley and a RFP was issued in order to secure another operator. No proposals were received, and as a result Hopkins had no scooter program during the 2024 season. In the interest of bringing scooter service back for the 2025 season, staff has pursued a partnership with the cities of Minneapolis, St. Paul and St. Louis Park, the University of Minnesota, and the Minneapolis Park & Recreation Board. Executing a MOU would be the first formal step towards solidifying this partnership that would lead to issuing a Request for Proposals (RFP) or Request for Applications (RFA) to interested vendors. The City of Minneapolis has agreed to be the lead agency to issue the RFA but will work in partnership with a representative from each partner organization. Under the terms of the MOU, each organization would enter into their own contracting and licensing agreements. Hopkins City Attorney has reviewed the proposed MOU. SUPPORTING INFORMATION • MOU Agreement for Participation in Shared Mobility Program Planning & Development MEMORANDUM OF UNDERSTANDING AGREEMENT FOR JOINT PARTICIPATION IN SHARED MOBILITY REQUEST FOR PROPOSALS WHEREAS, the City of Minneapolis, the Minneapolis Park Board, the City of Saint Paul, the City of Hopkins, the City of St. Louis Park, and Regents of the University of Minnesota (the “Parties”) each have programs governing the deployment and use of shared mobility fleets within their respective jurisdictions; and WHEREAS, each Party seeks to broaden cooperation in the shared mobility sector in order to benefit from each other’s knowledge and experiences; and WHEREAS, the Parties reasonably believe that shared mobility has the positive effect of reducing traffic, reducing pressure on automobile parking capacity, reducing pollution, and otherwise improving the public’s general welfare; and WHEREAS, the Parties aim to identify a vendor or vendors capable of providing shared mobility within all the Parties’ respective jurisdictional boundaries simultaneously; and WHEREAS, the Parties enter into this Memorandum of Understanding to memorialize their respective rights and responsibilities while soliciting and procuring a vendor or vendors capable of providing shared mobility within all the Parties’ respective jurisdictional boundaries. NOW, THEREFORE, in exchange for good and valuable consideration which each Party hereby acknowledges, the Parties agree as follows: 1. Staff from each Party will work in collaboration to craft the Request for Applications (the “RFA”) which will be used for the issuance of licenses and/or contracts for shared mobility in 2025 with options to extend up to a maximum of five years. 2. The City of Minneapolis will be the lead Party for the RFA and will use standard Minneapolis solicitation policies. 3. Each non-Minneapolis Party will designate one representative to collaborate with the City of Minneapolis for the duration of the RFA process. 4. As part of its collaborative-duties, the Jurisdictions’ designated-representatives will be involved throughout the City of Minneapolis’s RFA process, which includes— but is not limited to—reviewing all proposals, input in scoring proposals, and collaboration with the City of Minneapolis on selecting the appropriate vendor or vendors. 5. A primary goal of the RFA process will be to identify a vendor or vendors capable of meeting the unique needs of all Parties simultaneously. 6. Each Party maintains sole responsibility for awarding individual license(s) and/or contract(s) pursuant to this joint solicitation. This document shall not be construed as to require any individual Party to award a contract or license. Each Party maintains sole responsibility for awarding individual license(s) and/or contract(s) pursuant to this joint solicitation. This document shall not be construed as to require any individual Party to award a contract or license or as to require any individual Party to award a contract or license to a specific vendor. 7. Each Party retains its exclusive right to regulate shared-mobility programs within its boundaries. The subject matter of this agreement is limited to solicitation and does not extend to the operation of shared-mobility programs. 8. The effective term for this Memorandum of Understanding shall be for one year following the date of execution of the Memorandum. 9. This Memorandum of Understanding represents the entire agreement between the Parties with respect to this subject matter. 10. Each Party to this Memorandum of Understanding shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized or limited by law and shall not be responsible for the acts of the other Parties, their officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466 and other applicable laws govern liability of the municipal Parties. The provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 and other applicable laws govern liability of Regents of the University of Minnesota. It is the intent of each Party that this Memorandum of Understanding does not create any liability or exposure of one Party for the acts or omissions of the other Parties. 11. The Recitals to this Agreement are incorporated into and shall constitute a part of this Agreement. AGREED TO this day of , 2024. City of Minneapolis City of Saint Paul Approved: Approved: By: By: Director of Public Works Director of Public Works Sean Kershaw Minneapolis Park Board Regents of the University of Minnesota Approved: Approved: By: By: Board President University Services, Vice President Approved: By: Deputy Superintendent City of St. Louis Park City of Hopkins Approved: Approved: By: By: