Ordinance No. 15,247 ORDINANCE NO. 15,247
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A PILOT OPERATING AGREEMENT WITH BIRD RIDES, INC.;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager of the City of Baytown to execute a Pilot Operating Agreement with Bird
Rides, Inc. A copy of said agreement is attached hereto, marked Exhibit "A" and incorporated
herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 271h day of October, 2022.
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APPROVED AS O FORM:
SCOTT LEMO D, City Attorney
RAKaren AndersonlORDINANCES1202212022.10.271PilotOperatingAgreementwithBirdRides.docx
EXHIBIT "A"
PILOT OPERATING AGREEMENT
This Pilot Operating Agreement (the"Agreement") is entered into by and between Bird Rides, Inc.,
located at 406 Broadway#369 Santa Monica, CA 90401 ("Company"), a company authorized to do
business in the State of Texas and the City of Baytown, Texas, a home-rule municipal corporation (the
"City") as of October_, 2022.
1. Statement and Purpose
The purpose of this Agreement is to establish interim rules and regulations governing the pilot operation
of a Stand-up Electric Scooter sharing system within the City while this Agreement is in effect.
2. Scope
This Agreement and its terms apply to any proposed deployment of Stand-up Electric Scooter sharing
systems within City's jurisdictional boundaries by the Company, its employees, service providers,
agents and assigns. This Agreement shall remain in effect for a period of twelve months ("Term") and
shall automatically renew for successive twelve month periods; provided,however, either party may
terminate this Agreement by providing thirty (30) days written notice to the other party of the
termination.
For purposes of this Agreement, "Roadway" means that portion of a highway or street improved,
designed or used for vehicular traffic. By way of example, Roadway includes the shoulder and any area
between the curbs of any paved area used for vehicular traffic.
For purposes of this Agreement, "Street" means a roadway, alley, right-of-way, or other public area,
including the curb, shoulder, sidewalk, and all other pave or unpaved portions of a public right-of-way
used or dedicated for vehicular and pedestrian traffic.
4. Operating Regulations
a. Company, and/or its employees, service providers, agents or assigns, shall be responsible for
operating a Stand-up Electric Scooter program in the City with the below requirements.
b. "Stand-up Electric Scooter" shall mean a device weighing less than 150 pounds, that(i)has
handlebars and an electric motor, (ii) is solely powered by the electric motor and/or human
power, and (iii) has a maximum speed of no more than 20 mph on a paved level surface when
powered solely by the electric motor.
c. Except as otherwise provided herein or authorized by law, City shall regulate the operation of
Stand-up Electric Scooters in a manner no more restrictive than City's regulation of bicycles.
d. Stand-up Electric Scooters are to be ridden on streets for which the posted speed limit is thirty-
five (35) miles per hour or less, and where available, in bike lanes and bike paths. Stand-up
Electric Scooters are to stay to the right of street lanes and to offer the right of way to bicycles in
bike lanes and on bike paths. City understands that Company requires that users of Stand-up
Electric Scooters shall be 18 or older. Users of Stand-up Electric Scooters who violate these
provisions may be fined by City consistent with State law and City ordinance.
e. Company shall provide easily visible contact information, including toll-free phone number
and/or e-mail address on each Stand-up Electric Scooter for members of the public to make
relocation requests or to report other issues with devices.
f. While this Agreement is in effect, Company shall pay City a revenue-share of Ten Cents ($0.10)
per ride to help active transportation improvements. Company shall pay the revenue-share to
City on a quarterly basis, in arrears within thirty(30) days from the end of the preceding month.
g. Hours of operation when Company's Stand-up Electric Scooters will be made available to rent in
City are 4 a.m. to midnight(local time).
h. To the extent of any conflict with the rules of the road established in this Agreement and state
law regarding the operation of Stand-up Electric Scooters, including without limitation Texas
Transportation Code Chapters 502, 551, and 664,then the state law shall prevail.
5. Parking
a. Users of Stand-up Electric Scooters shall park devices upright in the sidewalk, beside a bicycle
rack or in another area specifically designated for bicycle parking. In no event may a Stand-up
Electric Scooter be parked in the Roadway.
b. Users shall not park Stand-up Electric Scooters in such a manner as to block the pedestrian clear
zone area of the sidewalk; any fire hydrant, call box, or other emergency facility; bus bench; or
utility pole or box.
c. Users shall not park Stand-up Electric Scooters in such a manner as to impede or interfere with
the reasonable use of any commercial window display or access to or from any building.
d. Users shall not park Stand-up Electric Scooters in such a manner as to impede or interfere with
the reasonable use of any bicycle rack or news rack.
e. Users shall not park Stand-up Electric Scooters in the sidewalk directly adjacent to or within the
following areas, such that access is impeded:
i. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and
staging zones, except at existing bicycle racks;
ii. Loading zones;
iii. Disabled parking zone;
iv. Street furniture that requires pedestrian access (e.g., benches,parking pay stations,bus
shelters, transit information signs, etc.);
V. Curb ramps;
vi. Entryways; and
vii. Driveways.
f. Users of Stand-up Electric Scooters who violate these provisions may be fined by City consistent
with State law and City ordinance.
g. Company may stage its Stand-up Electric Scooters in permitted parking areas as described in this
section. To the extent Company desires to stage Stand-up Electric Scooters on any City owned or
controlled property in areas other than a public street, Company must first obtain written
permission from the City Manager to do so, or if not on property owned by the City, from the
department, property owner, or public agency.
6. Operations
a. Company shall maintain 24-hour user service for users to report safety concerns, complaints, or
to ask questions. Company shall maintain a multilingual website, call center, and/or mobile app
user interface that is available twenty-four hours a day, seven days a week. The aforementioned
shall be compliant with the Americans with Disabilities Act, Chapter 469 of the Texas
Government Code, and Chapter 121 of the Texas Human Resources Code.
b. In the event a safety or maintenance issue is reported for a specific device, that Stand-up Electric
Scooter shall be made unavailable to users and shall be removed within the timeframes provided
herein. Any inoperable or unsafe device shall be repaired before it is put back into service.
c. Company shall respond to reports of incorrectly parked Stand-up Electric Scooters, Stand-up
Electric Scooters continuously parked in one location for more than 72 hours, or
unsafe/inoperable Stand-up Electric Scooters, by relocating, re-parking, or removing the Stand-
up Electric Scooters, as appropriate, within 24 hours of receiving notice that must include the
location of the Stand-up Electric Scooter.
d. Company shall provide notice to all users that:
i. Stand-up Electric Scooters are to be ridden on streets, and where available, in bike
lanes and bike paths;
ii. Stand-up Electric Scooters are to stay to the right of street lanes and to offer the right
of way to bicycles on bike lanes and bike paths;
iii. Helmets are encouraged for all users;
iv. Parking must be done in the designated areas; and
V. Riding responsibly is encouraged.
e. Stand-up Electric Scooter riders are required to take a photo whenever they park their scooter at
the end of a ride.
f. Company shall provide education to Stand-up Electric Scooter riders on the City's existing rules
and regulations, safe and courteous riding, and proper parking.
g. Any police officer who shall find a Stand-up Electric Scooter stopped or resting upon a Street
or Roadway which, in the opinion of the officer, poses a particular hazard to the movement of
traffic because of its proximity to or position upon the Street or Roadway, the lighting or
weather conditions or its visibility or the density of traffic or the nature of the traffic movement
around or across such hazard is authorized to move or cause such to be removed at the
Company's expense. Any illegally stopped, standing or parked Stand-up Electric Scooter may
be removed under the direction of any police officer at the Company's expense.
h. It shall be unlawful for any person to ride, propel or park any Stand-up Electric Scooter over,
through or on the natural areas of the Baytown Nature Center, other than along trails
designated for bicycle and pedestrian traffic and only if the person is at least 18 years of age or
accompanied by an adult.
7. Data Sharing
City may require Company to provide anonymized fleet and ride activity data for all trips starting or
ending within the jurisdiction of City on any vehicle of Company or of any person or company
controlled by, controlling, or under common control with Company,provided that, to ensure individual
privacy:
a. such data is provided via an application programming interface, subject to Company's license
agreement for such interface, in compliance with a national data format specification such as the
Mobility Data Specification;
b. except to the extent inconsistent with state and/or federal law, any such data provided shall be
treated as trade secret and proprietary business information, shall not be shared to third parties
without Company's consent, and shall not be treated as owned by the local authority; and
c. to the greatest extent allowed by law, such data shall be considered personally identifiable
information, and shall under no circumstances be disclosed pursuant to public records requests
received by the local authority without prior aggregation or obfuscation to protect individual
privacy.
8. Indemnification
Company agrees to indemnify, defend and hold harmless City (and City's employees, agents and
affiliates) from and against all actions, damages or claims brought against City arising out of Company's
negligence or willful misconduct, except that Company's indemnification obligation shall not extend to
claims of City's (or City's employees', agents' or affiliates') negligence or willful misconduct. In no
event shall Company be liable for any special, indirect, consequential or punitive damages. Company
shall be released from its indemnification obligations under this section if the loss or damage was caused
by the City's negligent construction or maintenance of public infrastructure. City's right to
indemnification shall be contingent on City notifying Company promptly following receipt or notice of
any claim; Company shall have sole control of any defense; City shall not consent to the entry of a
judgment or enter into any settlement without the prior written consent of Company.
9. Insurance
Company shall provide City with proof of insurance coverage exclusively for the operation of Stand-up
Electric Scooters including: (a) Commercial General Liability insurance coverage with a limit of no less
than $1,000,000.00 each occurrence and $2,000,000.00 aggregate; (b) Automobile Insurance coverage
with a limit of no less than $1,000,000.00 each occurrence and $1,000,000.00 aggregate; (c) Umbrella or
Excess Liability coverage with a limit of no less than$5,000,000.00 each occurrence/aggregate; and (d)
where Company employs persons within the City , Workers' Compensation coverage of no less than the
statutory requirement.
10. Miscellaneous
a. All notices and communications to the City from Company shall be made in writing (includes
electronic communications) and sent to the address below.
b. In carrying out their responsibilities, the parties shall remain independent contractors, and nothing
herein shall be interpreted or intended to create a partnership,joint venture, employment, agency,
franchise or other form of agreement or relationship.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
d. Venue for any litigation arising out of this Agreement shall lie exclusively in the state and federal
courts located in Harris County, Texas.
Baytown,TX Bird Rides,Inc.
Signed By:
Signature: Signature:
Print Name: Rick Davis Print Name: Austin Marshbum
Title: City Manager Title: Director,City Partnerships
Address: City of Baytown
P.O. Box 424
Baytown, Texas 77522
Approved as to Form:
Signature:
Print Name: Scott Lemond
Title: City Attorney