IV.5. Approval of the Shared Bike and Scooter Program License Agreement between the City of Hopkins and Neutron Holdings, Inc. dba Lime; Gallagher
CITY OF HOPKINS
City Council Report 2026-032
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Sam Gallagher, Associate Planner
Date: March 16, 2026
Subject: Approval of Shared Bike and Scooter Program License Agreement – Lime
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO approve the Shared Bike and Scooter Program License Agreement
between the City of Hopkins and Neutron Holdings, Inc. dba Lime .
OVERVIEW
Hopkins had successful shared scooter programs in 2022, 2023 and 2025 and has
negotiated a license agreement for 2026. The shared bike and scooter program license
agreement provides micromobility vehicle sharing to support the City’s goals around
transportation mode share, equitable access, physical and environmental health, and
sustainability.
In the 2022 season, Bird scooters provided a Hopkins-only pilot program and in 2023,
Spin scooters were provided in partnership with Hopkins, St Louis Park and Golden
Valley. In 2024, Spin was acquired by Bird, which had filed for Chapter 11 bankruptcy.
The uncertainty surrounding Spin’s financial stability prompted partnership between
Hopkins, St Louis Park, and Golden Valley to issue a Request for Proposals, which
received no proposals and thus had no scooters in the 2024 season.
In November 2025, Hopkins executed a Memorandum of Understanding with the cities
of Minneapolis, Saint Paul, Saint Louis Park, Hopkins, the Minneapolis Park Board and
the University of Minnesota and issued a joint Request for Applications for shared
scooter and bike service across jurisdictions. Individual cities retained the right to
negotiate and execute contracts with operators individually. 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. In the 2025 , season Spin executed a contract with
Hopkins to provide shared bikes and scooters.
Hopkins’ 2026 Lime contract agreement is very similar to the 2025 license agreement
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
• Initial term is April 1, 2026 to November 15, 2025. Starting on November 15,
2026, the licensee may reduce their fleet.
Planning & Economic
Development
• Agreement can be renewed by the City for up to two additional years.
Fees
• Licensee pays the annual fee of $500
• Plus a one-time fee of $3,750 for delivery of 50 scooters
Service Area
• City has the ability to GEO fence with one week notice
• Mainstreet is a slow zone – 10 mph maximum
• City has the ability to rebalance and/or reduce distribution
A new or renewed agreement with Spin is still being negotiated. If acceptable terms are
reached, staff may also bring forward an agreement with Spin that would provide for two
operators in the City of Hopkins in 2026.
SUPPORTING INFORMATION
• License Agreement for Shared Bike and Scooter Program
1
LICENSE AGREEMENT
FOR SHARED BIKE AND SCOOTER PROGRAM
THIS AGREEMENT (the “Agreement” or “License Agreement”), made as of the 16th
day of March, 2026 by and between the City of Hopkins, a Minnesota home rule charter city
(herein called “City”) and Neutron Holdings, Inc. dba Lime (herein called “Licensee”)
(collectively, “Parties”).
WHEREAS, the City adopted an ordinance at Hopkins Code of Ordinances, Section 38
Articles V and VI, to facilitate and regulate bicycles and motorized foot scooter micromobility
sharing operations in the City’s right of way (“Ordinance”); and
WHEREAS, Licensee owns a fleet of commercial, motorized foot scooters and/or
bicycles intended or equipped for shared use by paying consumers from right of way locations in
the City of Hopkins (“Licensee’s Fleet” or “Licensee’s Vehicles” or “Fleet Vehicles”); and
WHEREAS, Licensee’s Vehicles are approved bicycles, electric-assisted bicycles,
motorized foot scooters, and any other transportation device identified as a micromobility vehicles
as defined by the Ordinances; and
WHEREAS, Licensee’s operation requires use of City-managed right of way to facilitate
the stationing and parking of Licensee’s Fleet within the City of Hopkins (“Program Facilities”),
and it is considered a low power vehicle sharing operation or bicycle sharing operation under the
Ordinances (“Licensee’s Operation”); and
WHEREAS, Licensee has submitted a written proposal to the City for a license to
implement Licensee’s Operation under the provisions of the Ordinances;
WHEREAS, the City controls certain public rights of way and recreational trails located
within its municipal boundaries (“City Right of Way”); and
WHEREAS, the City Right of Way contemplated by this Agreement does not cover areas
that are not controlled by the City, including but not limited to, all streets, roads, trails, or
parkways owned by Three Rivers Park District, and/or private property owners; and
WHEREAS, allowing bicycles, electric-assisted bicycles, motorized scooters, and any
other transportation device identified as a micromobility vehicle to exist in the City Right of Way
is likely to promote the public’s health, safety, and welfare by encouraging efficient and limited
use of traditional motor vehicles, thereby reducing traffic volumes, noise, and air pollution; and
WHEREAS, the City believes bicycles, electric-assisted bicycles, motorized scooters,
and any other transportation device identified as a micromobility vehicle sharing has the potential
to help achieve the City’s goals around transportation mode share, equitable access, physical and
environmental health, and climate change; and
2
WHEREAS, the City must balance the benefits of bicycles, electric-assisted bicycles,
motorized scooters, and any other transportation device identified as a micromobility vehicle
sharing operations with its duty to keep streets and sidewalks safe, orderly, and free of unregulated
obstructions and encumbrances; and
WHEREAS, based on demand for shared motorized foot scooters and bicycles, the City
has authorized establishment of a Shared Bike and Scooter Program (“Program”); and
WHEREAS, this Agreement is intended to outline the terms and conditions under which
Licensee will be allowed to utilize the City Right of Way during the Program.
NOW, THEREFORE, for and in consideration of the following terms and conditions,
the parties hereto agree as follows:
ARTICLE I. USE OF CITY RIGHT OF WAY
1. Authorization. In accordance with Hopkins Code of Ordinances, § 38.241, the City
hereby grants a revocable, non-exclusive license to Licensee to implement Licensee’s
Operation with respect to bicycles, electric-assisted bicycles, motorized scooters, and any
other transportation device identified as a micromobility vehicle, each within the City Right
of Way during the term provided in Article II, subject to all of conditions set forth herein
and under applicable federal, state, and local law, including but not limited to Hopkins
Code Of Ordinances Article V §§38.240-38.247.
This authorization is not a lease or an easement and shall not be construed to transfer any real
property interest in the public Right of Way or other City property.
2. Additional Uses. Licensee expressly understands and agrees that this license does
not grant Licensee or its contactors the ability to exclude, or prohibit others from using, the
City Right of Way. Licensee further understands and agrees that the City holds its interest
in the City Right of Way in trust for the public, and that the City’s uses, needs, and
obligations shall at all times supersede Licensee’s privileges under this Agreement.
ARTICLE II. TERM
The term of this license agreement shall be through March 1, 2027, unless terminated earlier as
provided herein. Following the initial term, the City shall have the option to renew this Agreement
for two (2) additional 12-month terms, with each option to be exercised at the sole discretion of
the City. The license set forth in this agreement may be terminated at any time, for any reason, in
the sole discretion of the City upon twenty-four (24) hours written notice by the City to Licensee.
Licensee may terminate this agreement at any time, for any reason, upon sixty (60) days written
notice by Licensee to the City. In the event of early termination, Licensee will be granted a
reasonable period of time in which to collect and remove Licensee’s Vehicles, and an y other
facilities owned by Licensee, and to restore the City Right of Way in accordance with Article V,
Section 4. The provisions of Article V, Section 9 herein shall survive termination of this license.
3
ARTICLE III. TERMS AND CONDITIONS FOR USE OF CITY RIGHT OF WAY
Licensee agrees that it will implement Licensee’s Operation in accordance with the following
terms and conditions:
1. Vehicle Fleet Size
a. Notwithstanding the terms of this license, the City shall retain the authority
to unilaterally limit or reduce the number of Fleet Vehicles under this Agreement.
b. A minimum of 50 bicycle and scooter devices, with no more than 75
maximum, must be made available for public use no later than thirty (30) days after
initial deployment, and deployment of bicycle and scooter devices must begin
within seven (7) days of April 1, 2026, unless otherwise notified by the City.
Licensee must have full allotment of bicycle and scooter devices in the market
no later than thirty (30) days after initial deployment, and available to deploy to
meet demand. Starting on November 15th, 2026, unless otherwise notified by the
City, Licensee may reduce their fleet below 50 bicycle and scooter devices without
penalty in preparation for the end of the season.
c. After the first month, vendors may expand the fleet size to meet demand.
Vendors will keep in contact with designated Contract Administrator for the City
which will monitor vendor’s performance in meeting the requirements of this
Agreement as well as demonstrated need for more devices.
d. Deployment of scooters must begin within seven (7) days of April 1, 2026,
unless otherwise notified by the City. Licensee must provide a minimum of 50
bicycles and scooters available for public use no later than 30 days after initial
deployment.
e. If any Licensee declines to use their full initial deployment of electric
assisted bicycles or motorized foot scooters, the City reserves the right to
redistribute the remaining vehicles to another Licensee.
f. Availability to the public will be defined by the number of scooters
available to rent in the public right of way including a +/- 5% variance for
unaccounted vehicles in use.
g. If at any point during the license period the Licensee's fleet drops below
their approved minimum initial deployment level as set forth in Section 1(b) of
this Article III, including a +/- 2 0% variance for unaccounted vehicles in
use, a penalty will be assessed as outlined in the Parking and Mobility Services
Fee and Rate Schedule. Starting on November 15th, 2026, unless otherwise
notified by the City, Licensee may reduce their fleet below the initial deployment
level of motorized foot scooters without penalty in preparation for the end of the
season.
h. The City will hold compliance meetings as defined by Section 3(a) with
Licensee to review compliance and utilization data.
o The City will review fleet size and utilization monthly.
i. Licensee shall notify the City when reducing the number of fleet vehicles
available for public use due to weather or emergency situations.
2. Program Facilities
4
a. Program Facilities are defined as parking locations that are docking or lock-
to compliant for fleet vehicles and may include charging facilities, lightweight non-
anchored sidewalk facilities, meter hitches, and permanent sidewalk rack facilities.
b. Licensee will obtain necessary leases, licenses, permits, or other
authorizations for the real property upon which Licensee will install, equip, own,
maintain, and operate the Facilities, including but not limited to:
o Application shall be made and shall contain such information as may
be required by the City's Director of Public Works. The applicant shall agree
in making application for a permit to remove the Program Facility upon
request at no cost to the City. The applicant shall attach to the application a
fully detailed sketch or plan showing the dimensions of the Program
Facility, the adjoining street and sidewalk, all posts and fixtures in the
adjoining sidewalk, and all structures, fixtures, or buildings on abutting
land. The Planning and Economic Development Department and
Department of Public Works shall review the application and plan, and issue
approval or denial.
o Receipt of legal authority in the form of a permit to install Program
Facilities in public right of way or private property.
o All City-permitted Program Facilities must be clearly identified and
show if they are branded or unbranded facilities. All Program Facilities
must follow the City’s design specifications.
o Licensee must provide advance notice of installation and removal of
Program Facilities. Additionally, Licensee must provide monthly updates
on the location of their Program Facilities on the 1st day of every month.
o Landscaping and site restoration requirements have been completed
in accordance with Program Facility plans.
o The City has received or shall simultaneously receive a lien waiver
from each contractor, subcontractor, or materials supplier for all work
finished and for all materials furnished by it for the Program and Facilities,
or such liens have been bonded to the satisfaction of the City.
o Seasonal removal and reinstallation of Facilities, other than Store in
Place stations as pre-approved by the City.
3. Compliance, Programming, and Pricing
a. The City will hold an initial compliance meeting a month and a half
after initial deployment. Thereafter during peak season (May- October),
Licensee shall provide the City with reports provided via e-mail. The City will
evaluate each Licensee’s compliance with City policies and Program terms and
conditions, including, but not limited to the following:
o Determination of Licensee’s average rides per scooter per day
o Compliance with commitments made in partnering Memorandum of
Understanding City Licensee’s Proposal such as, but not limited to:
o Low-income program participation and signup rates
o Completion of engagement, communication, and events
o User compliance programs
5
o Participation in other City pilots
o Sustainability metrics
b. Notwithstanding Sections 1(a), (b), (c), and (d) herein, the City may limit
or reduce the maximum number of vehicles in Licensee’s Fleet allowed under the
Ordinance and this license. If such reduction is related to noncompliance issues
governed by this license, then an equivalent reduction may not be applied to all
Program licensees.
c. 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 and/or decreases shall not require an amendment to this license
agreement.
d. Licensee must provide a pricing program for lower income and human
service recipients. Eligibility must use the Metro Transit Assistance Program (TAP)
for verification, and Licensee must show proof of compliance as requested.
e. Licensee must participate in a lower income program eligibility pilot
program as determined by the partnering Memorandum of Understanding City
requirements.
f. Licensee must provide a user compliance penalty and fine structure
annually to the City prior to season launch.
g. Licensee must provide 45 days advanced notice to the City of any new
systemwide base pricing changes and 30 days for other pricing changes or tests.
h. Licensee must give advance notice of any public facing event, community
event or other engagement efforts so that the City may publicize and participate in
such events. Licensee must obtain any permissions or permits necessary for any in-
person engagement events. The Licensee agrees to assist and cooperate with such
publicity and participation. The Licensee further agrees that the City shall also have
the right to issue press releases concerning the program.
4. Fleet Equipment, Maintenance, and Safety Requirements
a. Licensee must obtain and receive written approval from the City at least
two weeks prior to the introduction of any new model of a licensed vehicle to be
included in Licensee’s Fleet. Licensee must also obtain and receive written
approval for any modifications to any vehicle that substantially alters the
vehicle’s operating characteristics.
b. All vehicle models in Licensee’s Fleet must receive approval through a
demonstration test with the City prior to public release.
c. Licensee’s Fleet shall be equipped with equipment meeting all
specifications, including but not limited to brakes, reflectors, and lighting as set
forth in Minnesota State Statutes 169.222, 169.223, 169.224 and 169.225.
d. Licensee’s Fleet must be certified as safe to operate under any applicable
standard by Underwriters Laboratories, or an equivalent safety rating.
e. All vehicles in Licensee’s Fleet shall be equipped with both: a) a locking
mechanism to prevent theft and ensure compliance with parking requirements as
stated herein; and b) with the exception of non-electric assisted bikes, an operable,
on-board mechanism to provide real-time location when a vehicle is parked or in a
trip.
6
f. Licensee must notify the City of any manufacturer or equipment recalls
within 72 hours. If the recall issue is a safety risk, equipment must be removed from
the City Right of Way within 24 hours.
g. Licensee will remain responsible for the maintenance of each vehicle in
Licensee’s Fleet, including ensuring any installed or refurbished IoT units,
technology mechanisms, or locking systems are updated and functioning properly
such as identifying the correct vehicle type.
h. Each vehicle in the Licensee’s fleet shall have a unique identifier clearly
displayed on each side of the vehicle. The identifier shall be in the form of numbers
and/or letters that are at least 2.5” tall in order to be read from a distance. The
identifier will be used for the purposes of conveying or documenting parking or
safety complaints, and for auditing the quantity and type of vehicles in Licensee’s
Fleet. Licensee’s logo or business name should be adjacent to the unique identifier,
and be at least the same 2.5” tall size as the identifier on each side of the vehicle.
i. Unless the licensee receives prior approval for modifications from the City,
each vehicle in Licensee’s Fleet must visibly display the following instructions, or
a substantively similar version thereof, located on every vehicle:
i.“No Sidewalk Riding”
ii.“Wear A Helmet”
iii.“Yield to Pedestrians”
iv.“Don’t Ride with a Passenger” / “No Group Rides”
v.The Licensee’s customer service phone number
j. Licensee shall proactively remove any and all inoperable or unsafe vehicles
from Licensee’s Fleet within 12 hours of the initial onset of such condition.
k. Licensee shall complete all vehicle charging in a
warehouse/building/facility approved by a licensed electrician. Proof of inspection
must be provided to the City upon request. Vehicles must not be charged or serviced
in the public Right of Way. A direct exchange of battery packs or minor adjustments
does not constitute service. This does not apply to vehicles charging at City
approved Program Facilities in the Public Right of Way.
l. Licensee agrees that it will have a customer service phone number staffed
from at least 7am-10pm Hopkins Time on days Licensee’s Fleet is in service on
City Right of Way. Licensee’s customer service line shall accept voicemail at all
other times to report parking or operational complaints, and safety or maintenance
concerns. Licensee will also maintain a multilingual website and mobile application
which shall be available to the general public 24 hours per day, 7 days per week,
including certain languages as specified by the City.
m. Licensee warrants that it complies with applicable provisions of Minnesota
and federal disabilities laws and regulations, including, but not limited to the
Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., as
amended. Licensee also warrants that the products or services it will provide under
this license comply with applicable provisions of the accessibility requirements of
Section 508 of the United States Workforce Rehabilitation Act of 1973, as amended
(29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of
Federal Regulations, Part 1194.
7
n. Licensee agrees that it will proactively provide all customers of Licensee’s
Fleet with a summary of instructions and laws regarding proper riding, parking,
and operations of fleet vehicles including those set forth in City of Hopkins
Ordinance Section 38 Articles V and VI, Minnesota State Statutes §§ 169.222,
169.223, 169.224 and 169.225, and any other law or regulatory provision applicable
to the operation and/or parking of fleet vehicles.
o. Licensee agrees that it will either require or recommend the use of helmets
to all customers of Licensee’s Fleet.
p. Licensee will keep and maintain a comprehensive and complete record of
all official and unofficial Fleet Vehicle collision reports received by Licensee or its
contractor(s) during the term of this license. The record shall include those items as
enumerated in the operations plan and a copy of the record shall be provided to the
City within three business days (3) of when the Licensee is notified of an incident.
q. If one of the Licensee’s vehicles is involved in an incident related to law
enforcement activities and is impounded by law enforcement, the Licensee will be
notified by the appropriate authorities when the vehicle is available for retrieval.
r. If the City determines, in its sole discretion, that any of Licensee’s
consumers or customers have failed to comply with applicable laws governing the
safe operation and/or parking of Licensee’s Vehicles, including but not limited to,
breach of any current or future laws governing driver’s license requirements, the
use of helmets, operation on sidewalks, and/or parking requirements, or have
otherwise demonstrated a threat to public health, safety, or welfare, then the City
may require Licensee to implement additional measures to promote compliance, or
this license may be subject to revocation.
s. Throughout the license period, the City will be monitoring bodies of water
for abandoned vehicles. If notified of an abandoned vehicle in any body of water,
Licensee shall retrieve it within 72 hours. If inclement weather conditions hinder
retrieval Licensee may request an extension from the City. After 72 hours, if the
City retrieves any abandoned vehicles, the Licensee will be invoiced for any
expenses incurred.
5.Fleet Vehicle Distribution
Licensee shall comply with the following daily vehicle distribution requirements:
a. Licensee shall distribute its Fleet Vehicles throughout the City in a 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. Distribution requirements will be evaluated by the City monthly and may
be increased or decreased by the City.
c. Notwithstanding any other provision to the contrary in this Article III,
Section 5, the City may require Licensee to rebalance the distribution of Licensee’s
Fleet in specified areas of the City if deemed by the City to be too dense or too
8
sparse, or if doing so will help promote equitable access to and from traditionally
underserved areas within the City. Licensee will comply with all such requests
within 24 hours of receiving written notice from the City.
e. During the course of this license, the City will have discussions with
Licensee around the hours of operation to determine if changes would be beneficial.
The City reserves the right to unilaterally change the hours of operation allowed
under the Ordinance and this license. In the event the hours of operation change,
then an equivalent change shall be applied to all Program Licensees.
6. Fleet Vehicle Parking and Riding
Licensee and Licensee’s customers shall comply with the following parking and riding rules
and restrictions in the City Right of Way:
a. No person may operate a motorized foot scooter upon a sidewalk, except
when necessary to enter or leave adjacent property.
b. No person may operate a bicycle upon a sidewalk within a business district
or upon any sidewalk where prohibited by appropriate signage, except when
necessary to enter or leave adjacent property.
c. No person may operate a Fleet Vehicle that is carrying any person other
than the operator.
d. Fleet Vehicles must be parked upright and stabilized with a kickstand when
not in use.
e. Fleet Vehicles must not be parked and/or ridden in any location or manner
that will impede normal and reasonable pedestrian traffic and/or access to:
i.Pedestrian ramps
ii.Building/property entrances
iii.Driveways
iv.Loading zones
v.Disability parking and transfer zones
vi.Safety and disabled access features, including curb ramps, wheelchair
ramps, ramp landings, handrails, areas of refuge, and detectable
warning surfaces
vii.Transit stops and facilities, including stations, shelters, passenger
waiting areas, and bus layover and staging zones
viii.Crosswalks
ix.Parklets
x.Street/sidewalk cafes
xi.Traffic signal or street light poles
xii.Street furnishings (benches, trees or other Right of Way plantings,
etc.)
xiii.Underground utility, sewer, or water facilities
xiv.Sidewalk clear zones1
xv.Temporary construction signs or barriers
1 The sidewalk clear zone is the accessible, primary pedestrian thoroughfare that runs parallel to the street. The clear zone ensures
that pedestrians have a safe, obstruction-free thoroughfare.
9
f. Licensee will be solely responsible for informing its customers as to parking
and riding a Fleet Vehicles properly and in compliance with state and local laws.
g. Licensee will undertake proactive, reasonable measures to prevent and deter
improper parking or dumping of Fleet Vehicles on private property or other public
property not owned or controlled by the City.
h. Licensee must obtain and receive written approval from the City for any
permanent or reoccurring geofence requests at least one week prior to the
implementation of the desired geofence.
i. 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.
Licensee will monitor fleet vehicles to remove fleet that is parked or left abandoned in a manner
that will impede normal and reasonable snow clearing operations.
7. Fleet Scooter Parking and Riding Complaints and Enforcement
a. Prior to launch, Licensee must provide the City with a direct contact
information for a local set of contacts for Licensee’s Operations, as well as
emergency, after-hours contacts. These contacts shall be reviewed and confirmed
during each compliance meeting.
b. During the Program Term, Fleet Vehicle parking and riding complaints
received by the City shall be referred to the Licensee. The Licensee or the
Licensee’s authorized representative must address/respond by re-parking or
relocating its noncompliant Fleet Vehicles within two (24) hours.2
Licensee must
respond to any in-person request relating to a parking complaint made by any City
employee.
c. Licensee alone will be fully responsible for re-parking or relocating Fleet
Vehicles where a complaint has been received by the City or Licensee, or where
Fleet Vehicles are otherwise found to be in violation of parking rules stated herein.
d. The City will not be responsible under this license for monitoring Fleet
Vehicle parking or dumping on private property, or other public property not owned
or controlled by the City, but the City may impound illegally parked Fleet Vehicles
in accordance with City ordinances3
2F.
e. Licensee will be solely responsible to third parties for addressing
unauthorized Fleet Vehicles dumped or left unattended on private property, or on
other public property not owned or controlled by the City.
f. Licensee will act swiftly and exercise due diligence in responding to
complaints of unauthorized Fleet Vehicles leaning against, blocking, dumped, or
left unattended on private property, or on other public property not owned or
controlled by the City by responding within 24 hours of report to Licensee.
g. The City reserves the right to mandate and apply geofencing specifications
to Licensee’s Fleet to reduce or otherwise limit speed or prohibit riding in specified
areas, prohibit parking/locking vehicles in specified areas, and/or to direct
2 This provision will be exercised only in instances where, in the City’s discretion, the public’s safety and welfare will not be
unduly compromised due to additional passage of time.
3 When doing so will not unduly burden the complaining third party, the City will refer such complaints to Licensee, and
Licensee or Licensee’s authorized representative will be provided a limited opportunity to remedy the complaint without furth er
City involvement.
10
customers to or away from specified designated parking areas. Licensee shall
comply with any and all geofencing requirements within 5 business days of a
written or emailed request made by the City. All spatial information will be shared
via ESRI map service. SBSP Operations Plan and updates will be shared via email
and City shared drive. The cost of installing and maintaining geofencing equipment
or facilities shall be borne by Licensee.
h. If the City incurs any costs or damages arising out of actions attributable to
Licensee or Licensee’s customers that are not otherwise recoverable pursuant to the
terms of this license, Licensee shall reimburse the City for any such costs caused
by or directly attributable to Licensee’s Operation within 30 days of receiving
written or emailed notice.
i. In its sole discretion the City may assess up to a $1 0 per occurrence per
vehicle surcharge in order to offset investigative and administrative costs incurred
by the City in response to riding or parking violations involving Licensee’s fleet.
Surcharge amounts shall be included in the regular invoice provided to Licensee.
A surcharge may only be assessed under this section if the complaint alleges a
violation of the standards prescribed in this license. Each assessed surcharge must
be supported by an investigative packet which shall be made available to Licensee
upon request. The investigative packet shall include the following information:
a. Picture with date/time stamp
b. Clear description of violation as documented by the picture
c. Vehicle ID
d. Latitude/longitude coordinates of location where violation occurred
e. Name of City, Metro Transit, Three Rivers Park District employee
documenting violation will be made available upon request.
j. Licensee must provide City staff conducting enforcement with
administration accounts, associated with their City email addresses, solely to
address parking violations. This account shall be free from financial obligations
and shall not require input of any financial accounts.
k. The City may impound any motorized foot scooter parked in the same
location, not including those parked at Program Facilities, without movement for
more than 72 hours.
l. The City may impound any bicycle parked in the same location, not
including those parked at Program Facilities, without movement for more than 168
hours, if not removed within 24 hours of notification by the City.
m. A per occurrence impoundment fee will be applied to all vehicles owned or
controlled by Licensee as follows4
3F:
i.Initial impoundment fee of $56 per vehicle.
ii.If not paid for and retrieved by Licensee within 24 hours of impoundment,
an $18 storage fee per vehicle per day shall be added to the initial
impoundment fee.
n. Licensee expressly understands that the City may impound any and all Fleet
Vehicles found by the City to be in violation of applicable laws and/or the terms of
4 This Section M is intended to include all forms of transportation vehicles owned or controlled by Licensee, including but not
limited to low power vehicles as defined by the Ordinance, bicycles, electric-assisted bicycles, motorized scooters, and any other
transportation device identified as a micromobility vehicle
11
this license. Seizure and impoundment of Fleet Vehicles may be exercised by the
City with or without prior notice to Licensee.
o. Any failure by the City to act on the provisions of this section shall not
relieve Licensee of any other duty or penalty at equity or law.
8. Data Privacy and Protection
a. Licensee’s Operation shall employ an electronic payment system that is
compliant with the Payment Card Industry Data Security Standards (PCI DSS).
b. Licensee has submitted a privacy policy to the City with and as part of
Licensee’s Proposal (“Licensee’s Privacy Policy”). Licensee’s Privacy Policy shall
continue to expressly limit the collection, storage, or usage of all personally
identifiable information.
c. Licensee shall not institute retroactive changes to customer conditions,
terms of use or Privacy Policy without first providing written notice to Licensee’s
Fleet customers and the City. The City reserves the right to terminate this license
prior to the end of the Term if the City determines that any such retroactive changes
implemented by Licensee are unreasonable or unfair to Fleet Scooter customers.
d. Licensee’s Privacy Policy must operate to safeguard Licensee’s customers’
personal, financial, and travel information and usage. Licensee agrees to make all
policies, procedures, and practices regarding Licensee’s data security practices
available to the City upon request.
e. Licensee must provide its customers with an opportunity to expressly assent
to Licensee’s Privacy Policy, terms of service, and/or user agreements when renting
or transacting for use of any or all of Licensee’s Fleet Vehicles. Licensee agrees to
provide its customers with the ability or option to decline the sharing of any data
that does not facilitate provision of the services. Customer rights with regard to
these requirements and options shall be clearly stated and easily accessed by the
customer during each transaction. Licensee will further indicate to its customers
that it will share geolocation and route data with the City (or government) as
required by law.
f. Licensee agrees that it will not collect or sort personal or individual data
related to race, religion, national origin, or sexual orientation, except for survey
data collected on an opt-in basis, for the limited use of certain public purposes
expressly set forth by the City. Licensee may not deny service to any customer on
the basis of refusal to provide any such survey information.
g. Licensee agrees that it will not attempt to access or collect any location -
based data via customers’ mobile phone or any other electronic mobile device,
without first obtaining each affected customer’s explicit permission.
h. Licensee must notify the City in writing of any prospective agreement that
will result, either directly or indirectly, in disclosing, sharing or transmitting data
obtained by or from Licensee’s Operation to either a foreign government. If
Licensee enters into such an agreement, the City expressly reserves the right to
deem Licensee, or any of Licensee’s successors in interest, nonresponsive to future
City of Hopkins requests for proposal or inquiry for shared mobility services.
i. Licensee agrees that it will encrypt all data in transit and at rest.
12
9. Data Collection/Sharing
a. The City and Licensee each understand and agree that the City is not
requesting or requiring the collection or creation of any new data with this license,
unless expressly provided and stated herein. Any new data collected, created or
stored by Licensee shall be considered Licensee’s private data, and not government
data, unless a provision of this license agreement expressly requires its collection
or creation, and/or the City requests and receives such data from Licensee.
b. The City and Licensee each understand and agree that the City is not
requesting or requiring sharing of user data deemed to be Personally Identifiable
Information as defined by the US Department of Commerce, with the exception of
data as specified herein.
c. Licensee agrees to disseminate two customer surveys and two lower income
program participant surveys annually on behalf of the City of Minneapolis and
surrounding area to include the City of Hopkins. The surveys will be used to aid
the City in evaluating whether and how Licensee’s Operation supports City goals
for transportation. The surveys shall not include, and Licensee shall not collect, any
personally identifiable data related to or in furtherance this provision.
d. Licensee must provide an API to any third party who jointly requests it with
the City, within 30 days, and who operates or serves users within the region, which
allows for fleet vehicle location, as well as user access and payment, to facilitate
the City’s Mobility as a Service program. Licensee’s obligation to provide a third
party with an API is subject to the third party agreeing to the Licensee’s data use
agreement.
e. Licensee shall keep a record of maintenance activities, including but not
limited to Fleet Vehicle identification number and maintenance performed.
Licensee will provide a complete copy of the same for any specific vehicle to the
City upon request, subject to Licensee’s reasonable determination of potential
pending litigation.
f. All requested data will be shared via the documented MDS API. Except as
otherwise provided in this license, Licensee will not be asked to share any new data
sharing specifications, nor personally identifiable information with the City. At a
minimum, Licensee will supply the City with the following upon request:
i.g. Licensee shall deliver to the City, upon request, all specified real-
time and archival information for each vehicle in its Fleet.5
Information
covered by this provision includes real-time location, event, and status
information gathered by on-board GPS tools, data for each trip record,
historic/archival data, and key system information. Daily drop-off
locations or aggregation sites/zones
ii.Real-time location, event, and status information
iii.Trip-level details including start/end location/time, duration, and distance
traveled
iv.Trip-level breadcrumb trails listing all GPS readings for each vehicle
v.Trip duration and trip-level breadcrumb trails are not required to be
reported for non-electric assisted bicycles
5 The purpose of this requirement is to ensure the City can successfully manage the Program and execute related planning effort s
in support of strategic goals and future programs.
13
This provision applies to only such data collected by Licensee pursuant to
Licensee’s own initiative. The City is not requiring Licensee to generate or collect
any of the above-described data as a condition of this license. To the extent that
Licensee does generate and/or collect such data, the Parties each understand and
agree that the City may seek, and Licensee must then provide, a copy of any such
City-requested data.
h. Licensee shall create a dashboard and/or reports illustrating the following:
number of Fleet Vehicles distributed; total number of trips; trips per Fleet Vehicle
per day; number of new customers; total number of customers; total number of low-
income program customers; average miles per trip; and average minutes per trip.
The foregoing summaries shall be delivered to City , which will occur, at
minimum, on a bi-monthly basis. All requested data shall be provided by the vendor
via a report prior to each deliver date . Report data shall be based on calendar
months (i.e., July 1st – 31st) and be submitted by the 15th day of the succeeding
month.
i. Licensee shall deliver to the City, upon request, a reporting of total vehicle
miles traveled resulting from all of Licensee’s employee or contractor operations
in support of participation in the Program.
j. Licensee shall provide 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 the Licensee’s Fleet. Licensee shall provide this inventory to the
City upon request from the City within five (5) business days.
k. Licensee is directly responsible for providing API authentication
mechanisms and documentation, and all other required information and data
covered by this license to the City. The City will be permitted to publicly utilize
Licensee’s API and display real-time data for all vehicles not currently in the
process of a ride/trip.
l. If any data requested by City and covered by this license is falsified, or the
City suspects dishonest reporting, the City reserves the right to either sanction or
perform an audit of vehicle availability and/or trip data at any time during the
Program term. If a third-party audit finds that falsified or dishonest reporting exists,
the City reserves the right to revoke the license and debar Licensee from future
agreements with the City.
m. Unless otherwise required by law, Licensee agrees that it will not retain any
raw trip data related to this license for a period longer than set forth in Licensee’s
adopted, City-approved records retention policy.
n. In addition to responding to valid requests for public data under the
Minnesota Government Data Practices Act, Licensee understands that the City may
share, without notice to Licensee, any public data related to this license with
separate government entities for purposes of collaborating or furthering common
public purpose objectives.6
The City will not unlawfully share or disclose any data
that is classified as nonpublic due to the existence of trade secrets or other
qualifying reasons under Minnesota law. Licensee agrees that it will, to the extent
6 More information about the Minnesota Government Data Practices Act and data classifications can be found at
https://mn.gov/admin/data-practices/data/”
14
practicably feasible, notify the City of any data in the City’s possession that
Licensee believes to be a trade secret or protected proprietary information
implicated by this provision. This duty to notify shall not operate to relieve the City
of its responsibilities stated herein, and this Section 7.l. shall not operate so as to
modify, override, or negate the legal responsibilities, duties or definitions set forth
by the Minnesota Government Data Practices Act or other applicable law.
o. The City shall abide by its “Mobility Data Methodology” as outlined in
Exhibit C and shall inform Licensee of substantive changes to methodology in
advance of implementation of changes.
ARTICLE IV. PAYMENT TERMS AND CONDITIONS
Licensee shall receive no compensation from the City under this license agreement. Licensee shall
pay the City based on the following 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 and bicycles 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 other costs and fees, including impound fees, as described in this
Agreement.
d. Licensee shall pay the City for all costs or fees described in this Agreement within 30 days
of receipt of an invoice.
ARTICLE V. REPRESENTATIONS AND GENERAL CONDITIONS
1. Ownership and Condition of Right of Way. This license 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 Right of Way, or its
suitability for use by Licensee, its contractors or customers.
2. Delegation of Police Power. This license does not delegate or otherwise transfer the City’s police
power to regulate low power 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.
3. 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 police power of the City to adopt,
amend, and enforce ordinances, resolutions, and policies designed to promote the safety and
welfare of the public.
4. Removal upon Order. Licensee shall remove at once any or all Fleet Vehicles or Program
Facilities 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 Right of Way to its original cond ition,
and the City shall not be liable for any damages resulting to Licensee by reason of such an order.
15
Such removal and restoration of the City Right of Way will be at the sole expense of Licensee.
Upon failure of Licensee to remove Fleet Vehicles or Program Facilities or other property as
ordered within a reasonable time period, the City may perform the removal or work at Licensee’s
cost and/or initiate a claim against Licensee.
5. Interest of Members of City. Licensee agrees that it has complied with Minnesota Statutes,
Section 38 Articles V and VI the City’s Code of Ordinances. Therefore, unless authorized in
Section 38 of the City’s Code of Ordinances, no member of the governing body, officer, employee
or agent of the City shall have any interest, financial or otherwise, direct or indirect, in Licensee’s
operation.
6. Equal Opportunity Statement. Licensee agrees to comply with the provisions of all applicable
federal, state and City of Hopkins statutes, ordinances and regulations pertaining to civil rights
and nondiscrimination including, without limitation, Title VI of the Civil Rights Act of 1964,
Minnesota Statutes, Section 181.59.
7. Non-Discrimination. Licensee will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex, sexual
orientation, gender identity, disability, age, marital status, familial status, or status with regard to
a public assistance program. 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.
If required by applicable law, Licensee shall agree to post in conspicuous places, available to
employees and applicants for employment, notices setting forth this nondiscrimination clause. In
addition, the Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, religion, ancestry, sex, national origin, affectional
preference, disability, age, marital status or status with regard to public assistance or status as
disabled veteran or veteran of the Vietnam eras, 1991 Gulf and current Afghanistan and Iraq wars,
and comply in all other aspects with the requirements of the Hopkins Code of Ordinances.
8. Insurance. Licensee shall secure and maintain insurance issued by insurance companies
acceptable to the City, admitted in Minnesota, and meeting an A.M. Best's minimum rating of A -
and IX. The insurance specified may be in a policy or policies of insurance, primary, or excess.
Such insurance shall be in force on the date of execution of the license agreement and shall remain
continuously in force for the duration of the Contract. The Licensee and any sub -contractors
carrying out work related to this license shall secure and maintain the following insurance:
a. Workers Compensation insurance that meets the statutory obligations with
Coverage B- Employers Liability limits of at least $100,000 each accident,
$500,000 disease - policy limit and $100,000 disease each employee.
b. Commercial General Liability insurance with limits of at least $2,000,000
general aggregate, $2,000,000 products - completed operations $2,000,000
16
personal and advertising injury, and $100,000 each occurrence fire damage. The
policy shall be on an "occurrence" basis, shall include contractual liability coverage
and the City shall be named an additional insured.
c. Commercial Automobile Liability insurance covering all owned, non-
owned and hired automobiles with full automobile coverage including damages,
contents and vandalism and limits of at least $1,000,000 per accident.
d. Computer Security and Privacy Liability for the duration of this license
providing coverage for, but not limited to, Technology and Internet Errors &
Omissions, Security and Privacy Liability, and Media Liability. Insurance will
provide coverage against claims that arise from the disclosure of private
information from files including but not limited to: 1) Intentional, fraudulent or
criminal acts of the Contractor, its agents or employees. 2) Breach of the City’s
private data, whether electronic or otherwise. The insurance policy should provide
minimum coverage in the amount of $1,000,000 per occurrence and $2,000,000
annual aggregate. If written on a Claims-Made basis, the policy must remain in
continuous effect for at least 3 years after the service is provided or include a 3-
year extended reporting period.
Acceptance of the insurance by the City shall not relieve, limit, or decrease the liability of the
Licensee. Any policy deductibles or retention shall be the responsibility of the Licensee. Licensee
waives its right to subrogation for the above listed coverages. Licensee shall control any special or
unusual hazards and be responsible for any damages that result from those hazards. The City does
not represent that the insurance requirements are sufficient to protect the Contractor's interest or
provide adequate coverage. Evidence of coverage is to be provided on a current ACORD Form. A
thirty (30) day written notice is required if the policy is canceled, not renewed or materially
changed. Licensee shall require any of its subcontractors, if sub-contracting is allowable under this
license, to comply with these provisions, or the Licensee will assume full liability of the
subcontractors.
9. Hold Harmless. Licensee agrees to defend, indemnify and hold harmless the City, its officers,
employees, and agents (the “indemnified Parties”) from any liabilities, including but not limited
to injuries or death, claims, damages, costs, judgments, and expenses, including attorney's fees
(collectively, “Liabilities”), resulting directly or indirectly from any intentional or negligent act or
omission of Licensee, its employees, its agents, its subcontractors, or employees of subcontractors,
in the performance of the operation, work, or services provided by or through this license
agreement, or by reason of the failure of the Licensee to fully perform, in any respect, any of its
obligations under this license agreement. Notwithstanding the foregoing, any Liabilities to the
extent caused by any indemnified party’s gross negligence or willful misconduct shall be excluded
from Licensee’s defense, indemnification and hold harmless obligations contained in this
paragraph. Notwithstanding anything contained herein to the contrary, Licensee shall have no
obligation to indemnify, defend or hold harmless the Indemnified Parties from and against any
claims resulting from or arising out of the City’s obligations to the Right of Way, including, but
not limited to, the design, construction, or maintenance failure of the roadway, roadway
infrastructure, roadway projects, or other rights of way, including, but not limited to, sidewalks,
medians, curbs, and bridges, controlled, maintained, or owned by the Indemnified Parties.
Notwithstanding anything contained herein to the contrary, and to the maximum extent permitted
17
by applicable law, the maximum aggregate liability of Licensee or City arising out of or in
connection with the license regarding contract, breach of warranty, product liability, strict liability,
or breach of statutory duty shall not exceed two million U.S. dollars ($2,000,000); or if regarding
tort liability shall not exceed ten million U.S. dollars ($10,000,000).
10. Assignment or Transfer of Interest. Licensee shall not transfer or assign any obligation or
interest in this license without the prior written approval of the City, provided, however, that
claims for money due or to income due to the Licensee may be assigned to a bank, trust company
or other financial institution, or to a Trustee in Bankruptcy without such approval. 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 license without prior written approval of the City
department contract manager designated herein. Acquisition of the license holder by another
entity will result in a review being conducted to determine if the license will be transferred to the
new entity.
11. Prior Uncured Defaults. Pursuant to City ordinance, the City may not contract with persons or
entities that have defaulted under a previous contract or agreement with the City and have failed
to cure the default.
12. Licensee Status. Nothing contained in this license 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 independent with respect to the work and/or services to be
performed under this license. Any and all employees of Licensee or other persons engaged in the
performance of any work or services required by Licensee under this license agreement shall be
considered employees or sub-contractors of the Licensee 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 Licensee.
13. Retention of Records. Pursuant to Minnesota Statutes, Section 138.17 and Section 15.17, the
Licensee shall retain all records pertinent to expenditures incurred under this license agreement in
a legible form for a period of six to eight years commencing after the end of the license agreement.
This provision expressly excludes any and all identifiable customer usage or location data.
14. Data Practices. 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. The City agrees to promptly respond to inquiries from Licensee concerning data requests.
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.
15. Inspection of Records. All Licensee records with respect to Licensee’s obligations under this
license shall be made available to the City or its designees, at any time during normal business
18
hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of
all relevant data.
16. Ownership of Materials/Intellectual Property. All finished or unfinished documents, data,
studies, surveys, maps, models, photographs, reports, or other materials furnished by the City in
connection with this license shall be the property of the City. The City may use, extend, or enlarge
any document produced by the City under this license without the consent, permission of, or further
compensation to Licensee.
Each party acknowledges and agrees that 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 license. This
license 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 license to the other party’s
pre-existing intellectual property, other than any limited right explicitly granted through the terms
of this license.
17. Force Majeure. No party will be liable for any delay and/or failure to perform its obligations
hereunder which is caused by a Force Majeure, provided in each case that the party claiming Force
Majeure takes reasonable actions to mitigate such delay and/or failure.
18. 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 agreement:
For the City: Contract Manager: Sam Gallagher, Associate Planner
sgallagher@hopkinsmn.com
(952) 548-6339
1010 1st St. S.
Hopkins, MN 55343
For Licensee: Contact
19. Entire Agreement. This license agreement, with attachments and documents incorporated by
reference, is the entire agreement between the parties. No modification of this license agreement
shall be valid or effective unless made in writing and signed by the parties hereto.
20. Interpretation of Agreement. In interpretation of this license agreement, the language of the
license agreement shall prevail, followed by the language of Licensee’s Proposal.
21. Minnesota Laws Govern. The laws of the State of Minnesota shall govern all questions and
interpretations concerning the validity and construction of this Agreement and the legal relations
between the Parties and their performance. The appropriate venue and jurisdiction for an y
litigation will be those courts located within the County of Hennepin, State of Minnesota.
Litigation, however, in the federal courts involving the Parties will be in the appropriate federal
court within the State of Minnesota.
19
IN TESTIMONY WHEREOF, the said parties have signed and executed this instrument the
day and year first above written. For the Licensee:
By:___________________________________
Its:___________________________________
For the City of Hopkins:
CITY OF HOPKINS
Approved:
By:_________________________________
Patrick Hanlon
Mayor
By: ___________________________________
Michael Mornson
City Manager