VII.4. Approval of Micromobility Sharing Services License Agreement between the City of Hopkins and Pheenix USH, LLC DBA Spin; Elverum
CITY OF HOPKINS
City Council Report 2025-082
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Kersten Elverum, Director of Planning & Development
Date: May 6, 2025
Subject: Micromobility Sharing Services License Agreement - Spin
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO approve the Micromobility Sharing Services License Agreement between
the City of Hopkins and Pheenix USH LLC.,D/B/A Spin.
OVERVIEW
Hopkins had successful shared scooter programs in the 2022 season (Bird scooters in
a Hopkins-only pilot program) and 2023 season (Spin scooters in partnership with SLP
and Golden Valley). Hopkins staff was excited to continue Spin’s contract in 2024, but
learned shortly before the 2024 season that Spin was acquired by Bird, and Bird had
filed for Chapter 11 bankruptcy. The uncertainty surrounding Spin’s financial stability
prompted the partnership of Hopkins, SLP, and Golden Valley to go back out and issue
an RFP for other potential operators. We received no proposals and thus had no
scooters in the 2024 season.
In the interest of brining scooter service back for the 2025 season, on November
Hopkins executed a Memorandum of Understanding with the cities of Minneapolis, St.
Paul, the U of M, the Minneapolis Park & Recreation Board, SLP, and Hopkins and
issued a joint Request for Applications. Individual cities retained the right to negotiate
and execute contracts with operators individually. Three proposals were received and
Spin and Lime were offered contracts for the 2025 season, with the option to be
extended in future years at the discretion of the licensing cities.
Hopkins’ 2025 Spin contract agreement is very similar to the 2023 version and has
been reviewed by Public Works and Kennedy & Graven. In addition to safety and
operational items, the key terms of the agreement are as follows:
Duration –
o Initial term is April 15, 2025 to November 1, 2025.
o City has the ability to extend the term within the calendar year
o Agreement can be renewed by the City for up to three additional years.
Fees –
o Licensee pays the annual fee of $500
o Plus a one-time fee of $3,750 for the delivery of 50 scooters.
Planning & Economic
Development
Service Area –
o City has the ability to GEO fence with 48 hour notice
o Mainstreet is a slow zone – 10 mph maximum
o City has the ability to rebalance and/or reduce distribution
An agreement with Lime is still being negotiated. If acceptable terms are reached, Staff
may also bring forward an agreement with Lime that would provide for two operators in
the City of Hopkins in 2025.
SUPPORTING INFORMATION
• Micromobility Sharing Services License Agreement
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MICROMOBILITY SHARING SERVICES LICENSE AGREEMENT
THIS MICROMOBILITY SHARING SERVICES LICENSE AGREEMENT (the
“Agreement”) is made on this 18th day of April, 2025, by and between the City of Hopkins,
Minnesota, a Minnesota municipal corporation (the “City”), and Pheenix USH LLC., D/B/A
Spin (the “Licensee”) (individually, a “Party,” or collectively, “the Parties”).
RECITALS
WHEREAS, the City controls certain public rights-of-way located within its municipal
boundaries (the “City’s Right-of-Way”); and
WHEREAS, Licensee owns a fleet of micromobility bicycles and scooters intended
or equipped for shared use by paying consumers from and within locations in the City’s Right-of-
Way (individually, “Fleet Vehicles,” or collectively, “Licensee’s Fleet”); and
WHEREAS, Licensee requires use of City’s Right-of-Way to facilitate the stationing,
parking, and operation of the Fleet Vehicles within the City (“Licensee’s Operation”); and
WHEREAS, this Agreement is intended to outline the terms and conditions for Licensee’s
Operation during the term of the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and their mutual promises, the
parties hereby agree as follows:
1. Incorporation of Recitals and Exhibits; Conflicting Terms. The above recitals and
the exhibits attached are incorporated into this Agreement as if fully set forth in the Agreement.
However, in the event of any conflict between the requirements in this Agreement and the
requirements of the exhibits, the requirements of this Agreement shall control.
2. Additional City Permits. In addition to this License Agreement and its terms
and conditions, Licensee shall obtain and follow the terms and conditions of all other City
permits, including but not limited to an obstruction permit approved by the City Engineer.
3. Term of License.
a. The City grants a license to Licensee to utilize a portion of the City’s Right-
of-Way, for an initial term of April 15, 2025 to November 1, 2025. The
City shall have the option to extend the end-date of the initial term based on
weather and other conditions, to be exercised at the sole discretion of the
City. Such extension shall not require an amendment to this Agreement.
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b. Following the initial term, the City shall have the option to renew for three
(3) additional 12-month terms, to be exercised at the sole discretion of the
City.
c. Notwithstanding the term of this license, the City shall retain the authority to
unilaterally limit or reduce the number of Fleet Vehicles under this
Agreement.
4. Fees.
a. Licensee shall pay the City an annual fee of $500.00 for this License
Agreement.
b. Licensee shall pay the City a one-time fee of $3,750 for the initial delivery
and implementation of 50 scooters in the City; Licensee shall not be required
to pay fees for any additional delivery and implementation of Fleet Vehicles.
c. Licensee shall pay all additional fees required by the City to obtain an
obstruction permit approved by the City Engineer.
d. Licensee shall pay all other costs and fees, including impound fees, as
described in this Agreement.
e. Licensee shall pay the City for all costs or fees described in this Agreement
within 30 days of receipt of an invoice.
5. Terms and Conditions for Use of the City’s Right-Of-Way. In addition to the terms
and conditions in the attached Exhibit A, Licensee agrees to the following terms and conditions
regarding Licensee’s Operation:
a. Additional Fleet Size and Type Requirements.
(1) The City reserves the right to unilaterally limit or reduce the number of
Fleet Vehicles in Licensee’s Fleet under this Agreement. The City
will notify Licensee of any increases or decreases applicable to
Licensee’s Fleet under this section by sending written or emailed
notice. Such increases or decreases shall not require an amendment
to this Agreement.
(2) The City reserves the right to temporarily geofence or close certain
areas to use of the Licensee’s Fleet. The City will notify Licensee of
such temporary geofencing or closure of areas applicable to
Licensee’s Fleet under this section by sending written or emailed
notice at least 48 hours in-advance. Such temporary geofencing or
closure of areas shall not require an amendment to this Agreement.
(3) Licensee shall distribute its Fleet Vehicles throughout the City in a
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manner that accounts for citizen demand, the City’s requests, and is
consistent with this Agreement and all laws, regulations, and
ordinances. Licensee shall not deploy Fleet Vehicles at inappropriate
densities and shall monitor its Licensee Fleet density at least once
every day and relocate vehicles as needed to comply with these
density requirements. The City, in its sole discretion, may require
Licensee to rebalance the distribution of Fleet Vehicles in specified
areas of the City if deemed too dense or too sparse.
b. Additional Fleet Scooter Equipment, Maintenance, and Safety Requirements.
(1) Each Fleet Vehicle must visibly display Licensee’s logo or business
name and shall have a unique identifier clearly displayed on each
device for the purposes of conveying or documenting parking, safety,
or other complaints, and for auditing the quantity and type of devices
in Licensee’s Fleet.
(2) Licensee shall provide to the City a comprehensive inventory of
Licensee’s Fleet, including model, type, and unique identifier. Such
inventory shall be proactively updated by the Licensee within five (5)
business days, if or when vehicles are added or removed from
Licensee’s Fleet. Licensee shall provide this inventory to the City
upon request from the City within five (5) business days.
(3) All vehicles in Licensee’s Fleet shall be equipped with both a locking
mechanism to prevent theft and an operable mechanism to provide
real-time location when a device is parked.
(4) Licensee shall proactively remove any and all inoperable or unsafe
vehicles from Licensee’s Fleet.
(5) Licensee agrees that it will provide all users of Licensee’s Fleet with
a summary of instructions and laws regarding riding, operating, and
parking bicycles or scooters, including those set forth in Minnesota
Statutes, Section 169.225, and any other law or regulatory provision
applicable to the operation or parking of Fleet Vehicles.
(6) Licensee agrees that it will either require or recommend the use of
helmets to all users of Licensee’s Fleet in accordance with Minnesota
Statutes, Section 169.225, and any other law, regulation, or ordinance
applicable to the operation of Fleet Vehicles.
(7) Licensee will maintain a comprehensive and complete record of all
Fleet Vehicle collision reports received by Licensee or its
contractor(s) during the term of this Agreement. The record shall
include day, time, and location. A copy of such record shall be
provided to the City within two (2) business days of a written or
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emailed request.
(8) Licensee will implement and maintain a “Slow Zone” in the City on
Historic Mainstreet from 11th Avenue to 5th Avenue, within which
users of Fleet Vehicles may not exceed 10 miles per hour.
(9) Licensee will implement geofencing at the Downtown Hopkins Light
Rail Station in order to protect the ongoing construction project.
c. Additional Fleet Vehicle Parking Requirements.
(1) Licensee shall be solely responsible for monitoring and addressing
Fleet Vehicle improper parking or dumping on private property or
other public property not owned or controlled by the City.
(2) Notwithstanding Section 5(c)(1), the City may impound illegally
parked Fleet Vehicles in accordance with this Agreement.
(3) Impound fees will be applied to any and all devices owned or
controlled by Licensee as follows: $10.00 per impoundment, plus $5
for each full day after the Fleet Vehicle is impounded.
d. Additional Data Collection/Sharing Requirements. Licensee agrees that it
will provide any and all user or customer data in Licensee’s possession that
is directly or indirectly related to active investigations into third party
criminal behavior or claims of civil liability against the City by persons using
or riding a Fleet Vehicle.
6. Rescission, Revocation, or Other Penalties. The City may rescind, revoke, suspend
or modify this License after sending written notice to Licensee, in order to protect the public health,
safety and welfare of the public or if Licensee violates any terms and conditions of this Agreement.
If the City determines, in its sole discretion, that the public’s safety and welfare will be unduly
compromised by the passage of time, the City may take action to remedy any violation or respond
to any complaint at Licensee’s expense. If the City incurs any costs or damages arising out of such
action, Licensee shall reimburse the City for such costs within 30 days of notice.
7. Ownership and Condition of the City’s Right-of-Way. This Agreement shall not
be construed so as to transfer ownership or control of the City’s Right-of-Way to Licensee, or to
any other party. The City makes no representations or warranties concerning the condition of the
City’s Right-of-Way, or its suitability for use by Licensee, its contractors or customers.
8. Delegation of Power. This Agreement does not delegate or otherwise transfer the
City’s power to regulate the Fleet Vehicles, Licensee’s Operation, and/or to enforce City ordinances
or other laws, to Licensee, or to any other party. Licensee understands and agrees that ultimate
decisions related to City enforcement against third parties and/or public compliance issues, shall
remain within the City’s sole discretion.
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9. Compliance with Laws. Licensee agrees to comply with all applicable federal,
state, and local laws as they may be adopted or amended from time to time. Licensee further
acknowledges that its rights hereunder are subject to the lawful exercise of the power of the City to
adopt, amend, and enforce ordinances, resolutions, and policies.
10. Removal Upon Order. Licensee shall remove any or all Fleet Vehicles or other
property owned or controlled by Licensee upon being ordered to do so by the City. Licensee shall
be responsible for restoring the City’s Right-of-Way to its original condition. The City shall not
be liable for any damages resulting to Licensee by reason of such an order. Such removal and
restoration of the City’s Right-of-Way will be at the sole expense of Licensee. Upon failure of
Licensee to remove Fleet Vehicles or other property as ordered within a reasonable time period, the
City may perform the removal or work at Licensee’s cost.
11. Non-Discrimination. Licensee will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, ancestry, sex, national origin,
affection preference, disability, age, marital status, or status with regard to public assistance. Such
prohibition against discrimination shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates
of pay or other forms of compensation and selection for training, including apprenticeship.
12. Insurance. Licensee must at all times maintain insurance meeting the requirements
for all micromobility company operations in the attached Exhibit B. Proof of the required liability
insurance shall be in the form of a certificate of insurance or some other form acceptable to the City
Attorney and City Clerk. All liability insurance policies required in this Agreement shall name the
City as any additional insured and shall provide that there shall be no cancellation of the policy for
any cause, by the insured or by the insurance company, without first giving 10-days’ written notice
to the city, addressed to the City Clerk.
13. Indemnification. Licensee shall indemnify and hold the City, the City’s public
officials, employees and agents harmless from and against any and all liability, claims, demands,
actions, and causes of action, including expenses and reasonable attorneys’ fees, for personal
injuries, property damage, or for loss of life or property resulting from, or in any way connected
with, Licensee’s use of City Right-of-Way, except the liability for personal injuries, property
damages, or loss of life or property caused by the negligence and willful misconduct of the City.
The indemnification provisions of this Agreement shall survive expiration, suspension, revocation
and any other termination of this License.
14. Assignment or Transfer of Interest. Licensee shall not assign any obligation or
interest in this Agreement, and shall not transfer any obligation or interest in the same either by
assignment or novation without the prior written approval of the City. Notice of any such
assignment or transfer shall be furnished to the City. Except as provided herein, Licensee shall
not subcontract any services under this Agreement without prior written approval of the City of
Hopkins department contract manager designated herein.
15. Independent Contractor Status. Nothing contained in this Agreement is intended
to, or shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. Licensee shall at all times remain an independent
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contractor with respect to the work and/or services to be performed under this Agreement. Any
and all employees of Licensee or other persons engaged in the performance of any work or services
required by Contractor under this Agreement shall be considered employees or sub-contractors of
the Contractor only and not of the City; and any and all claims that might arise, including Worker's
Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other
state, on behalf of said employees or other persons while so engaged in any of the work or services
to be rendered or provided herein, shall be the sole obligation and responsibility of Contractor.
16. Retention of Records. Licensee shall retain all records pertinent to this License
Agreement for a period of six years.
17. Minnesota Data Practices Laws Compliance. Licensee agrees to comply with the
Minnesota Government Data Practices Act and all other applicable state and federal laws relating
to data privacy or confidentiality. Licensee must immediately report to the City any requests from
third parties for information relating to this License Agreement. Licensee agrees to hold the City,
its officers, and employees harmless from any claims resulting from Licensee’s unlawful disclosure
or use of data protected under state and federal laws.
18. Inspection of Records. All Licensee records with respect to Licensee’s obligations
under this License Agreement shall be made available to the City or its designees, at any time during
normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts
or transcripts of all relevant data.
19. Ownership of Materials/Intellectual Property.
a. All finished or unfinished documents, data, studies, surveys, maps, models,
photographs, reports or other materials furnished by the City in connection
with this Agreement shall be the property of the City.
b. The City may use, extend, or enlarge any document produced by the City
under this Agreement without the consent, permission of, or further
compensation to Licensee.
c. Each party is the sole and exclusive owner of all right, title, and interest in
and to its services, products, software, source and object code, specifications,
designs, techniques, concepts, improvements, discoveries and inventions
including all intellectual property rights thereto, including without
limitations any modifications, improvements, or derivative works thereof,
created prior to, or independently, during the term of this Contract. This
Agreement does not affect the ownership of each party’s pre-existing,
intellectual property. Each party further acknowledges that it acquires no
rights under this Agreement to the other party’s pre-existing intellectual
property, other than any limited right explicitly granted in this Agreement.
20. Contacts. The following are designated as official representatives for each of the
Parties, and as points of contact for purposes of delivering or receiving notice, contract
management, official requests, and all other communication contemplated under this License
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Agreement:
For the City of Hopkins: TBD
Hopkins City Hall
1010 1st Street South
Hopkins, MN 55343
For the Licensee: Jimmy Gilman
382 NE 191st St PMB 20388
Miami, FL 33179
21. Entire Agreement. This License Agreement and attachments and other documents
named, is the entire agreement between the parties. No modification of this Agreement shall be
valid or effective unless made in writing and signed by the parties hereto.
[remainder of page left intentionally blank]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in
their names and on their behalves, and is effective as of the date first written above.
CITY OF HOPKINS
By:
Patrick Hanlon
Its: Mayor
By:
Michael Mornson
Its: City Manager
PHEENIX USH LLC
By:
John Lankford
Its: Sr. Director of Partnerships & Policy
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EXHIBIT A
APPENDIX A: CITY OF HOPKINS BIKE AND SCOOTER SHARE ADDITIONAL TERMS
All vendors operating bike and scooter sharing programs in the City of Hopkins must comply with the following
terms and conditions:
1. PRODUCT SPECIFICATIONS, MAINTENANCE, AND SECURITY
a. All bicycles and scooters used in sharing systems shall meet or exceed the standards outlined in
the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part 1512
(“Requirements for Bicycles”), the safety standards outlined in ISO 43.150 – Cycles, subsection
4210, and any pertinent state of Minnesota statutes, regulations, or other laws.
b. Any electric bicycles and scooters shall meet the National Highway Traffic Safety Administration’s
(NHTSA) definition of low-speed electric bicycles and shall be subject to the same requirements
as ordinary bicycles. This means that electric bicycles shall have fully operable pedals, an electric
motor of less than 750 watts, and a top motor-powered speed of less than 20 miles per hour
when operated by a rider weighing 170 pounds.
c. All bicycles and scooters shall meet the State of Minnesota requirements described in Minnesota
Statutes, Section 169.222, including those for lights during hours of darkness. This includes a front
light that emits white light. Devices must comply with State of Minnesota requirements for rear
visibility by providing a rear red light rather than a reflector. All bicycles and scooters shall include
a light or reflector on the side in order to increase night visibility.
d. Every bicycle and scooter shall have a unique identifier that is visible to the user on the bicycle
and scooter.
e. All vendors shall provide a mechanism for customers to notify the company that there is a safety
or maintenance issue with the bicycle or scooter. All vendors shall provide a mechanism so that
the company is able to receive and provide confirmation of receipt of the message at any time
bikes or scooters are present within the public right-of-way or are available for use.
f. Any inoperable bicycle or scooter, or any bicycle or scooter that is not safe to operate shall
immediately be made unavailable for use and removed within 24 hours of receiving notice from
the City or through the vendor’s own communications platforms. The bicycle or scooter shall be
repaired before returning to revenue service.
2. INSURANCE AND INDEMNITY
a. Vendors shall have commercial general liability insurance or the equivalent and additional
coverages that include the terms contained in the standard City of Hopkins Insurance
Requirements as found at the bottom of this document.
b. Vendors shall sign and record an indemnification agreement indemnifying, defending and
holding harmless the City.
c. Vendors must agree that the City of Hopkins is not responsible for educating users regarding
statutes, regulations, or other laws governing safe and legal operation of a bicycle or scooter as
defined in State Statute. Vendors must also agree that the City is not responsible for educating
users on how to ride or operate a bicycle or scooter. Vendors 2023 Request for Proposals for
Micromobility Provider must agree to educate users regarding laws applicable to riding and
operating a bicycle or scooter.
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3. FEES AND REIMBURSEMENT
a. Vendors shall pay any fees associated with obtaining obstruction permits from the Right of Way
Division of the City’s Public Works Department for the permanent or seasonal installation of
objects (excluding bicycles and scooters) in the right-of-way.
b. Vendors shall pay an annual program administrative fee per bike or scooter to the City to cover
costs associated with the City’s management and oversight of the vendor, as further defined in a
contract between the City and the vendor.
c. Vendors shall reimburse the City for any time spent by City crews or employees relocating or
removing bicycles or scooters from any location where a device is prohibited under this permit or
for relocating unused bicycles or scooters. The cost to be paid by the vendor will be established
by the City. Payment by the vendors shall be made within 30 days.
d. If any City department or office incurs any costs addressing or abating any violations of these
requirements or incurs any costs of repair or maintenance of public property, the vendor shall
reimburse the City for those costs. Upon receiving written notice of the City costs, the vendor
shall reimburse the City for such costs within 30 days.
4. PARKING AND RIGHT-OF-WAY MAINTENANCE
a. All parked devices must be in compliance with any local ordinances or state laws regarding bicycle
and scooter parking at all times. All locations not identified as permitted bicycle or scooter parking
locations in this document shall be understood to be locations where it is prohibited to park a
shared bike or scooter, even in situations where those requirements are more stringent than
those applying to privately-owned, non-fleet bikes or scooters.
b. The City reserves the right to modify where or how dockless bicycles or scooters are permitted
to be parked at any time at its sole discretion.
c. An annual right-of-way permit must be applied for and approved by the City Engineer. The cost
of this permit is additional to any other costs to be paid to the City under a micro mobility sharing
agreement. The vendor must obtain approval from the Public Works Department prior to
installing any objects in the right-of-way.
d. For dockless bicycle or scooter share systems, bicycles and scooters shall be parked in the
boulevard/furnishing zone of the public right-of-way or near a bicycle rack in the public right-of-
way.
e. Restrictions on eligible bicycle or scooter parking areas within the boulevard/furnishing zone:
1. In the Downtown, along Mainstreet from 6th Street South to 13th Street South, the vendor
must create geofenced areas where vehicles may be parked, to be determined by the City.
2. In all areas other than Downtown, bicycles or scooters shall not be parked on blocks where
the boulevard/furnishing zone is less than 3 feet wide, or where there is no
boulevard/furnishing zone.
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3. Any bicycle or scooter parked adjacent to a sidewalk must not obstruct a clear 5-foot
pedestrian walkway on the public right-of-way.
4. The City reserves the right to determine certain block faces or locations where dockless
bicycle or scooter share parking is prohibited.
5. Bicycles or scooters shall not be parked in the boulevard/furnishing zone in a manner that is
adjacent to, within, or blocking:
a. Pedestrian curb ramps;
b. Fire Hydrants;
c. Parklets;
d. Sidewalk Cafes;
e. Transit zones, including bus stops, shelters, passenger waiting areas, and bus
layover and staging zones, except at existing bicycle racks;
f. Signed loading zones;
g. Disability parking areas;
h. Street furniture that requires pedestrian access (for example, benches, parking pay
stations, trash bins, bus shelters, transit information signs, permitted sidewalk patios,
etc.);
i. Entryways;
j. Outwalks;
k. Driveways; and
l. Slopes sufficiently steep that devices cannot stay upright.
f. Additional parking zones may also be established within public right-of-way where sufficient
space exists, at the sole discretion of the City. An example may include using in street bike corrals,
subject to Public Works installation requirements and annual permit fees.
g. Additional parking zones may be established outside of public right-of-way; for example,
locations within parks, schools, publicly accessible plazas, off-street parking lots/garages, or
campuses. However, vendors must obtain permission to do so from the appropriate City
department, agency, or property owner. These additional parking zones shall be communicated
to the customer through signage, through the mobile and web applications, or through other
means as approved by the City and property owner.
h. The City retains the right to, at any time, require vendors to create or eliminate geo fenced
stations within certain areas where bicycles and scooters shall be parked, particularly in
downtown or in other congested areas. Any geofenced areas must be submitted to the City in an
electronic format as requested by the City. The City may also, at its sole discretion, create or
require vendors to create new geo-fenced areas.
i. Bicycles and scooters shall be parked upright when parked. Bicycles and scooters shall be
equipped with a kickstand to allow them to be parked upright without leaning against another
object, bicycle, or scooter.
j. Vendors shall inform customers how to park a bicycle and scooter properly. Vendors agree that
the City has no responsibility to help customers understand parking requirements. Bike and
scooter share vendors bear all responsibility in the event of incorrectly parked bikes and scooters.
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2023 Request for Proposals for Micromobility Provider
k. Vendors shall provide contact information on every bicycle or scooter for relocation requests.
The vendor must be able to receive relocation requests at any time the bike and scooter share
system is in operation and/or bicycles or scooters are located within the public right-of-way.
l. Any bicycle or scooter that is parked incorrectly shall be re-parked in a correct manner or shall
be removed by the vendor without prior notice from the City.
m. Upon receiving notification of an incorrectly parked bicycle or scooter from the City or through
the vendor’s own communication platforms, the vendor shall re-park, rebalance, or remove the
bicycle or scooter within the following timeframes, whichever applicable:
i. 6am to 8pm on weekdays, not including public holidays - within two hours of receiving
notice; and
ii. All other days and times – within 10 hours of receiving notice.
n. Upon receiving notification from the City or through the vendor’s own communication platforms
of a bicycle or scooter parked or left in any manner that poses an immediate safety threat to
any persons, the vendor shall remove the bicycle or scooter immediately. In such an event, the
City may also abate the nuisance without notifying the vendor. The vendor shall reimburse the
City for the cost of abatement.
o. Any bicycle or scooter located in the right-of-way must be cleared of snow by the vendor within
24 hours of a snow event and parked in a location where snow has been cleared. In most areas,
the boulevard/furnishing zone is typically used for snow storage. Clearing snow to create
parking spaces is the sole responsibility of the vendor. Vendors are prohibited from pushing
snow into the street, the shoulder of a street, or against objects or structures that may be
damaged.
5. IMPLEMENTATION AND OPERATIONS
a. The service area will be defined as the City of Hopkins municipal boundaries. The City may adjust
the service area at its sole discretion. The vendor may not modify the area of bike or scooter
sharing operations without approval from the Director of Public Works.
b. Vendors shall have a staffed operations center in the City of Hopkins or within 25 miles.
c. Vendors shall maintain a 24-hour customer service phone number and email address for
customers and City staff to report safety concerns, complaints, or ask questions.
d. Vendors shall provide the City with a direct contact for bicycle or scooter share company staff
that is capable of removing or rebalancing bicycles or scooters.
e. Vendors shall maintain a minimum bicycle and scooter fleet within the City, electric or otherwise.
Vendors shall meet this fleet size within four weeks of initial launch date.
f. Vendors are limited to 50 bicycles or scooters during the first month of operation. After the first
month, vendors may request permission from the City to expand in 50-unit intervals. Permission
to increase the fleet size will be granted by a designated Contract Administrator for the City based,
in part, on the vendor’s performance in meeting the requirements of this document as well as a
demonstrated need for more devices.
g. Vendors shall notify the City two weeks in-advance of any proposed increase or decrease to
their fleet size and include any additional program administrative fee.
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h. All vendors shall relocate or rebalance bicycles and scooters upon receiving a request from the
City based on the following timeframes, whichever applicable:
i. 6am to 8pm on weekdays, not including public holidays - within two hours of receiving
notice from the City; and
ii. All other days and times – within 10 hours of receiving notice from the City.
i. Any dockless bicycle or scooter that is parked in one location for more than 7 consecutive days
without moving may, at the City’s sole discretion, be removed by the City and taken to a City
facility for storage at the expense of the vendor. The cost to be paid by the vendor will be
established by the City.
j. Vendors will be required to immediately rectify an excessive accumulation of bicycles or scooters
in a concentrated area. It is at the sole discretion of the City to determine what constitutes an
excessive accumulation.
k. Any bicycle or scooter that is found to be parked outside of the defined service area will be
removed or relocated by the vendor, unless the vendor has a formal agreement to operate in that
jurisdiction.
l. Vendors must utilize an internal demand/user behavior management component capable of
determining the location of all bikes and scooters at all times to aid in rebalancing and preventing
the excessive accumulation of devices in a concentrated area.
6. TECHNOLOGY AND DATA SYSTEMS
a. All service and system data, except for users’ Personally Identifiable Information (PII) as defined
in Section 7, must be made available to the City at no cost on a real-time and historical basis.
b. Any data provided to the City shall be considered public data, unless otherwise defined as not
public data under state law, and the City is permitted to display or otherwise distribute such
data at its sole discretion.
c. All vendors shall provide a monthly report. Report data shall be based on calendar months (i.e.,
July 1st – 31st) and be submitted by the 15th day of the succeeding month. Reports shall
provide the following information:
i. Number of rides for the previous month;
ii. Number of bikes and scooters in service;
iii. Number of bikes and scooters out of service (damaged or otherwise);
iv. Safety reports on any crashes involving operators’ bicycles and scooters;
v. Aggregated repair information on operators bicycles and scooters by type of repair;
vi. Any instances of illegal/unauthorized parking and corrective action taken by the vendor,
including response time;
vii. Data regarding rebalancing efforts;
viii. Bike and scooter distribution and GPS-based natural movement in heat map format;
ix. Summary of customer comments/complaints and resolution;
x. Summary of theft/vandalism and resolution;
xi. Aggregated system usage, including total unique users, total miles ridden, total number
of rentals, average rental duration; and
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xii. Disaggregated user counts for each of the following demographic variables for active
riders during the monthly period: gender (ensure inclusivity), age (matching Census
brackets: under 5 to 85 years and over, in groups of 5), race (matching Census race
descriptions), residential zip code (including riders who reside outside the City of
Hopkins), and number of active riders and miles traveled by riders who reside in
designated corridors, to be defined by the City of Hopkins. Each variable should be
paired with all system usage variables listed under section 6(C)(11).
d. The following data must be provided to the City no less frequently than within 15 days succeeding
the month in which the event(s) occur(s). Anonymized trip data that includes the origin and
destination, trip duration, date and time of trip, and route traveled. This information is to be
provided via a standard GIS format (i.e., REST/WFS/shapefile/file geodatabase/etc.), and match
the schema outlined below: Field name Format Description Company Name [company name] n/a
Type of device “Standard” or “Electric” n/a Trip record number xxx0001, xxx0002, xxx0003, … 3-
letter company acronym + consecutive trip # Trip duration HH:MM:SS n/a Trip distance US Feet
n/a Start date MM, DD, YYYY n/a Start time HH:MM:SS (00:00:00 – 23:59:59) n/a End date MM,
DD, YYYY n/a End time HH:MM:SS (00:00:00 – 23:59:59) n/a Start location X,Y n/a End location
X,Y n/a Device ID number xxxx1, xxxx2, … Unique identifier for every bicycle and scooter,
determined by company, and documented in section 1(d). Route Shape: lines n/a
e. Real-time data must be in a documented and City-agreed format. The City reserves the right to
require a specific application program interface (API) for real-time data publishing, public
consumption, and submission to the City.
f. All vendors of dockless service models will make the following bicycle and scooter service data
available in real-time and at no cost to the general public: Field name Format Description GPS
Coordinate X, Y n/a Availability duration Minutes n/a Availability start date MM, DD, YYYY n/a
Availability start time HH:MM:SS (00:00:00 – 23:59:59) May be combined with start date. Fuel
Level 0 – 100% If electric. Fall Over Binary If equipped: Yes/1/True = Bicycle/Scooter has fallen
over. No/0/False = Bicycle/Scooter is upright.
g. Dock-based service models will make all service and system data available publicly using the
General Bikeshare Feed Specification (GBFS) format. Vendors are exempt from section 6(f) if all
required variables listed in section 6(f) are served by their publishing of the GBFS format. Vendors
must also ensure similar data is available for scooters.
h. If geofenced station areas are created by the operators as defined in section 4(h), the City shall
receive a standard GIS format file (i.e., shapefile, file geodatabase, etc.) with the station areas
prior to enabling them in the system. Any updates to geofenced areas shall be provided to the
City as a new version of the dataset prior to taking effect.
i. Vendors shall provide City staff with up to 10 unlimited licenses to use the system to aid in system
oversight, monitoring quality control, verifying user experience and device maintenance
standards, validating data, and aiding in device relocation efforts when necessary.
j. All references to spatial data and positional coordinates shall be accurate to within 3 meters or
less.
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k. Computer and other technical systems should maintain current security standards sufficient to
protect users’ PII data, as defined in section 7. Security methods should meet or exceed industry
standards for: data encryption, antivirus, firewall, user account reclamation, brute-force lockouts,
minimum password requirements for users and staff, and minimum necessary data transference.
System security is the sole responsibility of the Vendor.
7. CONSUMER PROTECTION
a. The City will use the definition of Personally Identifiable Information (PII) as defined by
Government Accountability Office publication GAO-08-536 and accepted by National Institute of
Standards and Technology via publication 800-122 for any information about an individual,
including:
i. Any information that can be used to distinguish or trace an individual’s identity, such as
name, Social Security number, date and place of birth, mother’s maiden name, or
biometric records; and
ii. Any other information that is linked or linkable to an individual, such as medical,
educational, financial, and employment information. The following non exhaustive list
will serve as examples of PII: 1. Name (in whole or in part), 2. Home Address, 3. Email
Address, 4. Social Security Number, 5. Passport Number, 6. Citizenship, 7. Driving License
Number, 8. User Photos, 9. Credit Card Numbers, 10. Social Media Accounts, 11. Digital
Identity, 12. Genetic Information, 13. Age, 14. Race, 15. Telephone Number, 16.
Usernames/Login Information, and 17. Financial Information
b. Users’ PII may not be shared, sold, traded, or given to any third party without the users’ consent
except for the express purpose of fulfilling service needs and contractual requirements with the
City of Hopkins, and as required by law. This prohibition includes but is not limited to: related
organizational entities, such as parent corporations and subsidiaries; marketing and advertising
firms; political organizations; religious organizations; financial entities; other governmental
agencies; and private parties.
c. Vendor staff access to users’ PII shall be limited to the minimum access necessary to ensure these
terms and conditions. Internal staff security protocols shall be established to maintain the
security of users’ PII and technical systems.
8. TERMINATION AND CONTRACT AMENDMENTS
a. The City shall have the right to amend the contract between the City and a vendor at any time
for any reason. The City will notify all vendors of any amendment and a reasonable time-period
for which to comply. If compliance is not made within the specified time period, then the City
shall have the right to terminate the contract.
b. The City shall reserve the right to terminate the contract between the City and a vendor at any
time and require that the entire fleet of bicycles and scooters be removed. The decommissioning
shall be completed within 30 days unless a different time-period is determined by the City.
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EXHIBIT B
APPENDIX B: INSURANCE SPECIFICATIONS FOR CITY CONTRACTS
Contractor shall not commence work under the contract until it has obtained all the insurance
described below and the City has approved such insurance.
Contractor shall maintain such insurance in full force and effect throughout the term of the contract.
Contractor is required to maintain and furnish satisfactory evidence of the following insurance
policies:
1. Workers’ Compensation Insurance
Except as provided below, Contractor must provide Workers’ Compensation insurance for all
its employees and, in case any work is subcontracted, Contractor will require the subcontractor
to provide Workers’ Compensation insurance in accordance with the statutory requirements of
the State of Minnesota, including Coverage B, Employer’s Liability.
If Minnesota Statutes, Section 176.041 exempts Contractor from Workers’ Compensation
insurance, or if the Contractor has no employees in the City, Contractor must provide a written
statement, signed by an authorized representative, indicating the qualifying exemption that
excludes Contractor from the Minnesota Workers’ Compensation requirements.
If, during the course of the contract, the Contractor becomes required under law to provide
Workers’ Compensation, the Contractor must comply with the Workers’ Compensation insurance
requirements herein and provide the City with a certificate of insurance.
2. Commercial General Liability Insurance
Contractor is required to maintain insurance protecting it from claims for damages for bodily
injury, including sickness or disease, death, and for care and loss of services as well as from
claims for property damage, including loss of use which may arise from operations under the
Contract whether the operations are by the Contractor or by a subcontractor or by anyone directly
or indirectly employed by the Contractor under the contract. Insurance minimum limits are as
follows:
$1,500,000 – per occurrence
$2,000,000 – annual aggregate
$2,000,000 – annual aggregate – Products/Completed Operations
The following coverages shall be included:
• Premises and Operations Bodily Injury and Property Damage
• Personal and Advertising Injury
• Blanket Contractual Liability
• Products and Completed Operations Liability
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3. Commercial Automobile Liability Insurance
Contractor is required to maintain insurance protecting it from claims for damages for bodily injury
as well as from claims for property damage resulting from the ownership, operation, maintenance or
use of all autos which may arise from operations under this contract, and in case any work is
subcontracted the contractor will require the subcontractor to maintain Commercial Automobile
Liability insurance. Insurance minimum limits are as follows:
$1,500,000 – per occurrence Combined Single Limit for Bodily Injury and Property
Damage In addition, the following coverages should be included:
• Owned, Hired, and Non-owned Automobiles.
4. Professional/Technical (Errors and Omissions) Liability Insurance
This policy will provide coverage for all claims the contractor may become legally obligated to pay
resulting from any actual or alleged negligent act, error, or omission related to Contractor’s
professional
services required under the contract.
Contractor is required to carry the following minimum limits:
$1,000,000 – per claim or event
$2,000,000 – annual aggregate
Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without
the written approval of the City. If the Contractor desires authority from the City to have a
deductible in a higher amount, the Contractor shall so request in writing, specifying the amount of
the desired deductible and providing financial documentation by submitting the most current audited
financial statements so that the City can ascertain the ability of the Contractor to cover the deductible
from its own resources.
The retroactive or prior acts date of such coverage shall not be after the effective date of this
Contract and Contractor shall maintain such insurance for a period of at least three (3) years,
following completion of the work. If such insurance is discontinued, extended reporting period
coverage must be obtained by Contractor to fulfill this requirement.
5. Additional Insurance Conditions
Contractor’s policies shall be primary insurance to any other valid and collectible insurance available
to the City with respect to any claim arising out of Contractor’s performance under this contract. The
City may require that it be named on any of the above-required policies.
Contractor’s policies shall not be cancelled without at least thirty (30) days’ advanced written notice
to the City, or ten (10) days’ written notice for non-payment of premium. Contractor shall provide
the City with any notice of cancellation of any policy for any reason within 10 days of receipt.
Contractor is responsible for payment of Contract related insurance premiums and
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deductibles. If Contractor is self-insured, a Certificate of Self-Insurance must be attached.
Contractor’s policies shall include legal defense fees in addition to its liability policy limits, with the
exception of the professional liability insurance.
Contractor shall obtain insurance policies from insurance companies having an “AM BEST” rating of
A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of
Minnesota; and
An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy
limits on a follow-form basis to satisfy the full policy limits required by the Contract.
The City reserves the right to immediately terminate the contract if the Contractor is not in
compliance with the insurance requirements and retains all rights to pursue any legal remedies
against the contractor.
All insurance policies must be open to inspection by the City, and copies of policies must be submitted
to the City’s authorized representative upon written request.
The Contractor is required to submit a Certificates of Insurance acceptable to the City as evidence of
the required insurance coverage requirements.
The City reserves the right to modify the insurance requirements for any particular project.