City of Santa Monica Shared Mobility Pilot Program - April 12, 2021
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Ready when you are. City of Santa Monica Shared Mobility Pilot Program RFA CycleHop LLC dba HOPR 1111 Lincoln Road, Suite 500 Miami Beach, Florida 33139 josh@gohopr.com, 773-251-9757 www.gohopr.com April 12, 2021
HOPR Response to Shared Mobility Pilot Program RFA April 12, 2021 1) INTENT Please describe the overall vision for the service. Two Seater electric and cargo bikes. Our intent is to offer two seater electric and cargo bikes. This category has been overlooked and not well supported by the larger micro-mobility companies. By dedicating our service to this one category we believe that we can expand community participation in the program to include: families, kids, couples, and commercial users. Our specialized vehicles are also better suited for longer range trips than traditional e-bikes and e-scooters.. We are combining HOPR’s sharing tech and vast operational experience together with vehicles produced by Rad Power Bikes, the #1 electric bike company, to deliver the best solution for this category. Our experience as a pioneer bike share company, with over 20 cities launched and 10 years of operational experience, including 5 years in Santa Monica and the Westside, positions us well to succeed in this category. Advanced & proven electric vehicles and sharing technology HOPR sharing tech and operational experience combined with Rad Power bikes vehicles brings the best solution. More Participation Enhance the current micro-mobility program with two seater e-bike and e-cargo categories. Browden participation and access to the program to include families, kids and commercial use.
Local Operations We employ full-time trained staff to maintain the fleet and for distribution. Our team is local, experienced and passionate. Protect the Right of Way We plan to follow all local rules and regulations. Be sensitive to community requests, and build strong partnerships and goodwill, with residents, businesses, and visitors. Customer Service We will deliver high standards of customer service. Pricing We plan to offer both pay per ride, subscriptions, and discounted equity pricing. Safety Focus on customer and pedestrian safety through education and incentives. Multi-model Enhance the service with multi-modal API integrations. Business model Our goal is to economically self-sustain the program through subscriptions and other value added services and promotions. 2
2) OPERATOR INFORMATION HOPR’s background is micro-mobility operations, the most important aspect of micro-mobility. We have launched and operated more than 20 programs across North America. We have a unique understanding of Santa Monica and West LA after operating the Breeze Bike share program for 6 years. This local knowledge and our operating experience is what differentiates us from the rest, we are 100% focused on operations, no gig workers, only highly professional and dedicated team. a. Project team, including biographies and qualifications of lead team members. Include an organization chart that includes the entire company as well as the local team. Org chart Team Bios Josh Squire, founder & CEO > Mobility Experience: 28 years Josh is a mobility expert with three decades of experience operating shared mobility programs and transit facilities. Josh launched and operated over 20 cities and a dozen campuses in North America including Tampa, USF, Orlando, Fort Lauderdale, Miami, Atlanta, Chicago, Cleveland, Louisville, Phoenix, Tempe, Santa Monica, Beverly Hills, UCLA, West Hollywood, Bay Area, Vancouver BC, Ottawa ON, and more. 3
Josh has experience managing hundreds of employees and multiple mobility programs. Josh was involved with many new products and technology platforms for micro-mobility. He received the first U.S. patent for bike share in 1999 and created the HOPR transit platform. Chelsea Davidoff, COO & Local GM > Mobility Experience: 5 years Chelsea leads HOPR’s government relations across the U.S. Prior to taking on that role she was the General Manager for HOPR’s west coast systems including: Santa Monica, West Hollywood, Beverly Hills, UCLA, UCSB, San Ramon, and Menlo Park. She also spearheaded multiple program launches and managed successful integration of systems into a regional network. Prior to HOPR Chelsea worked at Paramount Pictures identifying strategic partners and opportunities to build goodwill within the community and company. Eli Gartenbank, Chief Technology Officer > Software & Mobility Experience: 25 years Eli is an experienced developer with a demonstrated history of working in the computer software industry. He has designed and programmed the HOPR Transit Platform. He is experienced in the SaaS industry, advancing his skills in front and back-end web, and mobile app development and high-traffic website management. Over the years he has led teams of developers and programmed for multiple startups in the mobility, sport and medical fields. Eli Co-founded a software company catering to the recreational rental industry including bike rental. John Romero, Product Innovation > Mobility Experience: 10 Years John leads the design, production and logistics of HOPR’s bikes and scooters. John has years of experience collaborating with bike and scooter manufacturers. Before taking the lead on product development John managed the successful launch of Bike Share systems in 10 US cities. John is also the Co-founder of The Bicycle Cellar, a bicycle commuter center in Tempe, AZ. Carol Henry, Finance & HR > Mobility experience: 5 years Carol is responsible for the financial functions and also oversees human resource activities. She has over 12 years of varied experience in the financial services and investment management industries. She holds a bachelor degree in Business Management from the University of North Carolina and an MBA with a specialization in finance from Pepperdine University. 4
Ruben Figueredo, Electric Vehicles > Mobility Experience: 4 years Ruben is an expert in managing and operating electric micromobility services. He launched a micro-mobility brand and ecommerce store focused on electric mobility vehicles. Ruben has also spearheaded maintenance services for major micromobility brands. Prior to joining HOPR he managed large sporting events. Dylan Baker, Local Operations Manager > Mobility Experience: 9 years Dylan was the operations manager for Breeze Bike Share in Santa Monica and West LA. Prior to joining HOPR he worked for Performance Bicycle, a leading bike retail chain and for the Sport Chalet. Dylan is a graduate of the United Bicycle Institute and holds a certificate for Master Mechanics & Shop Operations. b. Number, type, location and duration of other shared mobility systems operated. Include all current operations, and history of compliance with permitting requirements and , state and local law, and information regarding any markets in which you began and later ceased operations. Compliance History Many of HOPR’s relationships with cities are contracted and typically have greater compliance requirements than permits do. HOPR has a very good track record with fulfilling its contractual obligations and compliance as well as meeting all permit requirements and following local, state and federal regulations. Since inception we 5
The response in Section 2.f and the financial statement attached are considered confidential and REDACTED RECORDS. have always fulfilled our contractual obligations to the best of our ability and never ceased operating in a market unless it was mutually agreed upon with the City. c. Are you currently permitted and operating in the City of Los Angeles or other neighboring jurisdictions in Los Angeles County? We are currently contracted and operating in the City of Beverly Hills and this past November we completed a 5 year contract with the City of Santa Monica, UCLA and WeHo. d. Length of corporate operation, and related or ancillary business operations beyond shared mobility systems. CycleHop dba HOPR has been doing business for the past 10 years, since 2011. Our sole focus has been in the shared mobility industry. e. Names and addresses of any person or entity that has (i) more than 10 percent equity, participation, or revenue interest in the application or (ii) is a trustee, director, partner, or officer of that entity or of another entity that owns or controls the applicant. Identify the names and addresses of any parent or subsidiary of the application, and describe the nature of any such parent or subsidiary business entity. Identify any subcontractors or other partner organizations. Josh Squire, 1111 Lincoln Road, Suite 500, Miami Beach FL 33139 f. Provide financial statements with enough information to determine financial stability of the company. These may include but are not limited to: Financial Statement or Annual Report, Business Tax Return, Statement of income and related earrings, etc. The response in Section 2.f and the financial statement attached are considered REDACTED RECORDS. 6
g. Location of offices and operations warehouse centers. Until recently we had a warehouse in Santa Monica but the building is now being developed and since our contract with the City expired we have no need for it. We do however have a service location in Beverly Hills. If selected we plan to lease an operations center in or near Santa Monica. HOPR’s main office is located in Miami Beach however we also have a local office in LA. h. Number of local employees (full time, part time, and contracted staff) In the U.S. we have 35 full Time employees and 3 contracted staff. i. Capacity to meet insurance and indemnification requirements. We confirm that we are able to meet the insurance and indemnification requirements for the vehicles we are proposing. j. Hours of device availability and hours of operation. We plan to make the devices available for use 24/7/365. Hours of operations will be from 7:00am to 11:00pm. k. Strategy for response, recovery, and service continuation during times of environmental, economic, or man-made emergencies. Time from Incident Notification Major Incidents Under 1 hour Inoperable devices Under 1 hour Damaged vehicle removal Under 1 hour Misparked vehicle Under 2 hours Recovery from waterways 3 to 6 hours Graffiti removal 24 hours Other 24 hours 7
Section 3: EQUIPMENT Describe specific details and provide photos of the proposed devices and supporting equipment; briefly describe unique elements that you are offering beyond the minimum requirements outlined in Sections 4.2 and 4.3 of the Administrative Regulations. Descriptions should include without limitation: a. Device type and categorization, and evidence of compliance with California Vehicle Code, for all proposed devices. We are proposing the following vehicle: RADRunner Electric Utility Bike Rad Power Bikes is a reputable company and the #1 e-bike company in the U.S. and both vehicles meet all State and Federal requirements. The Rad Power Bikes are widely sold across the U.S. including in the State of California. For more information please visit this link. You may also contact Rad Power Bikes directly for additional information. b. Device specifications, including but not limited to: # question RadRunner Model i. Sizing, and comfort and The bikes are designed for multi-rider use with easy to use by a wide easy step-through frames. range of users Rider Heights: 4'11" - 6'2" Adjustable seat: 25.25" - 36.5" Payload capacity: 300 pounds ii. Tire type and wheel size 20” wheels and 3.3” wide tires. Puncture resistant tire with K-shield tire liner. iii. Brake types Disk brakes: Tektro 180 mm front and rear. Brake levers have motor cutoff switch iv. Lighting brightness and Front: LED headlight Rear: Integrated taillight with brake light and flash unique lighting features mode 8
v. Kick-stand type (one point Dual leg steel, spring loaded of contact, two point of contact) vi. Maximum device speed 20 MPH vii. Motor systems including Rear Motor: 750W with 80 Nm of torque, 5:1 batteries planetary gear reduction. Battery: 48V, 14 Ah (672 Wh) with Lithium NMC Samsung 35E cells, rated for 800 charge cycles viii. Average mileage on a Between 25 to 45 miles. single full battery charge Depending on number of passengers, weight and type of riding. ix. Anti-theft and vandal This bike is built tough but we have added resistant hardware and anti-theft hardware to the entire bike for the components shared use application. x.. On-device The bike will include vehicle ID, rental communications such as instructions, safety decals and contact Contact information, and information. Vehicle ID xi. Any unique device Extra seat in the rear of the bike. Cargo space in amenities that improve the front of the bike, Swappable battery. Smart safety or rider experience lock with IOT and cable PIN. c. Device durability and anticipated life span The device is extremely durable. We expect the bike and battery to last for as long as 5 years. d. Device GPS capabilities, including geo-locational device controls and systems, geo-fencing, location-based speed reduction or deactivation, sidewalk riding controls, parking controls, device maintenance alerts, tipping sensors, etc. The bike is equipped with a HOPR smart lock with cable and PIN and is connected to the HOPR platform. Our app has geo-fancing capabilities, rad zones, and alerts. 9
Speed reduction is not reinvent to e-bike because people can just pedal anyway so we just turn off the motor in red zones. e. Device tracking and status features of software and operations management systems. The bike is equipped with a HOPR smart lock with cable and PIN. The lock is connected via SIM card to the HOPR OS backend software. We are able to track the location and status of the bike as well as other useful information such as number of rides and miles ridden. f. Ability to provide a minimum of 50 devices of any proposed device type at program launch date. Yes we can provide a minimum of 50 devices for the program launch date. g. Strategy and ability to achieve interoperability or integration between your service and other non-automobile modes of transportation. HOPR is able to provide an API to other platforms such as Transit App, Moovit, LA Metro Tap card, and others. The API can offer different levels of integration such as: finding a bike or unlocking it. Our lock is also NFC enabled so it can be configured to accept Apple & Google Pay and the Tap card. 10
HOPR Double. Electric Bike | Two Seats Cargo This bike can be configured as both a two seater e-bike and as an e-cargo bike. features. Frame Safety Lights Battery Aluminum Front & Rear, LED / Rear brake light 48V, 14 Ah (672 Wh) with Lithium Motor Distance Saddle 750W Geared hub motor 45 miles Moped-style, integrated steel seat Max Speed Tires Display 20 mph 20” x 3.3”, K-Shield puncture-resistant Intuitive LCD display Cyclehop dba HOPR gohopr.com
Section 4: MAINTENANCE Briefly describe your plan for ensuring that all devices in the fleet are and remain in good working order, clean and safe to operate for a wide range of users. a. Do you agree to meet the minimum requirements outlined in Section 4.4 of the Administrative Regulations? Yes, we agree to the minimum requirements outlined in section 4.4 of the Administrative Regulations. b. What unique strategies are you offering beyond meeting the minimum requirements in the Administrative Regulations and why are they effective? This could include but is not limited to: HOPR follows industry best practices and we hold ourselves to the highest standards for operational methods focusing on vehicle availability and customer safety. Our operations team has years of experience in local operations, maintenance, fleet management, distribution, and charging activities. The HOPR transit platform offers a powerful back-end that supports our operations teams with the management and maintenance of the program. Our industry-leading operations software helps our trained mechanics easily manage repairs and inspection schedules to ensure all devices are well-maintained and reliable. The maintenance and repair data can be captured in the system back-end for historical reference. Our current daily maintenance include but are not limited to: Oversight of all devices. ● Daily field operations activities: safety checks, cleaning, adjusting, battery swapping, collecting, distributing and moving devices. ● Response to issues and complaints. ● In-house planned maintenance activities: repairs and tune-ups. ● Customer service: answering calls, emails, social media, and solving customer issues. 11
i. Field maintenance and shop maintenance procedures Maintenance schedule 12
Ongoing Maintenance Activities ii. Broken devices identification and retrieval systems and/or procedures. If we are unable to fix it in the field we will collect the vehicle and bring it back to our warehouse for repair. Prior to collecting it the vehicle is marked with a sticker for the type of repair issue. Once in the warehouse it is placed in the repair waiting area and the mechanics will fix it per priority maintenance plan. Once the vehicle is on the repair stand it is checked completely for all issues. Both the type of work performed and who repaired it are entered in the system. iii. Charging procedures The e-bikes have swappable batteries so the devices do not need to be retrieved for charging. ● We have strict battery handling procedures for transporting them in the van. ● We have designated charging clean areas. ● We have cooling fans by the battery charging station to move the hot air. ● The electric circuits are designed to handle the charge load. ● We do not charge batteries overnight when staff is not present. 13
Battery swap averages by # of rides per scooter per day iv. Staffing plan, employee status (I.e. fulltime, part time, contracted, etc.), work schedule, and training. Sample local operations staffing levels for 500 e-bikes Position FT PT Operations Manager 1 Mechanics 2 Field Techs & balancers 3 2 Outreach 2 Sample schedule Position M-F S-S Operations Manager 9-5 Mechanics 8-4 9-5 Field Techs and 7-3 7-3 balancers 3-11 3-11 Outreach 12-6 12-6 14
All staff are properly onboarded and trained by the operations manager and by shadowing current employees. We have a detailed training process for all new employees and periodic training for current operations employees. v. Maintenance and device cleaning procedures during times of environmental, economic, or man-made emergencies. We have implemented special working methods, cleaning and disinfecting procedures during COVID to keep both our customers and stuff safe. We also have procedures in place to deal with for bad weather conditions, fires, and hurricanes. In general it includes a communications and operations plan to shutdown the system and retrieve vehicles if necessary. In some cases bike share can provide relief during certain times like a transit strike. 15
Section 5: SYSTEM BALANCING & REDISTRIBUTION Briefly describe your plan for achieving citywide device coverage and daily balancing among the defined deployment zones, and avoiding obstructions, hazards, or problem devices in the Public right-of-way. a. Do you agree to meet the minimum requirements outlined in Section 4.5 of the Administrative Regulations? Yes we agree to meet the minimum requirements outlined in Section 4.5 of the Administrative Regulations. b. What unique strategies are you offering to ensure that devices remain evenly balanced and organized in the Public right-of-way, and do not create obstructions or hazards in compliance with the Administrative Regulations? Why are your strategies effective? This could include but is not limited to: HOPR’s approach to rebalancing and moving improperly parked scooters is on multiple levels: Level 1: Prevention We follow the hybrid system methodology for parking; encouraging users to return the scooter to dedicated parking hubs and discouraging them from parking out of hubs in dense areas. At the end of the ride the customer is required to take a photo of proper parking. We are also studying new technology from Drover AI that will automatically take a photo of the parking area at the end of the ride from a camera attached to the vehicle. If the vehicle is not parked properly it will send a notification to the user or provide an audible response prompting the user to park properly. Level 2: Prediction Based on our years of experience, we will develop multiple re-balancing protocols to achieve an efficient and streamlined redistribution of devices throughout the day as needed. We continuously customize re-balancing thresholds based on location and ridership volumes as the system matures. 16
The advanced HOPR operations platform ensures constant monitoring of devices and round-the-clock attention to distribution patterns and device movement. We will cater our deployment and rebalancing schedule to the needs of the system to ensure reliable availability of devices when and where they’re needed. HOPR utilizes software and AI that studies historical data and predicts demand, based on this we adjust the balancing activities to accommodate the locations that require the most attention. To comply with zone qty’s, we will stage vehicles in each zone at the end of each day so they are ready for use the next morning. We also will redistribute vehicles back to the zones throughout the day when not in use. . Level 3: Notifications & Quick Response Both users and the general public are able to report improperly parked, damaged or fallen scooters through our mobile app. They can also call the toll free number or email us, both displayed on the device, to connect directly with our 24/7 customer service center. The HOPR OS (software) automatically notifies our local operations team of improperly parked devices so our team can resolve the issue quickly. The ticket will remain open until it is resolved and closed by the ops team. Daily Balancing Schedule We balance equipment as needed throughout the day, based on demand and system alerts, but also during pre-scheduled times. A typical balancing schedule is done in the AM and PM during off peak traffic hours. On the weekend when busy it may be done more frequently. We staff at least one balancer per shift available from 7:00am through 11:00pm. Hardware Each vehicle is equipped with IOT and the HOPR OS pings its location regulerary. The device will appear on the map showing us if it is not in an approved parking area. 17
Sample In-App Notifications 18
Section 6: OPERATIONS SUSTAINABILITY Briefly describe your plan for maximizing the sustainability of your system and operations. a. What unique strategies are you offering and why are they effective? This could include but is not limited to: Our vehicles have battery swap capabilities so it is not necessary to pull them back into the warehouse each night for charging. As electric vans become available on the market later this year, we plan to utilize only electric vans. We also will utilize electric bikes for certain operations activities. We plan to have some extra devices on hand to swap out devices to maintain a 90% working threshold at all times and to replace devices that are damaged beyond repair. We plan to swap batteries that reach 25% below. The charger will automatically shut off once the device is fully charged. We do not charge overnight. For battery disposal we plan to recycle them through an approved recycling center in the state of California. 19
Section 7: RIDER BEHAVIOR & ROADWAY SAFETY COMPLIANCE Briefly describe your plan for ensuring riders comply with the rules of the road and observe the appropriate etiquette while riding. a. What unique technologies and/or strategies will you utilize to ensure riders do not ride on the sidewalks or other prohibited riding areas, including but not limited to: Geo-fencing or other equivalent technology, rider penalties for repeat offenders, auditory or in-app messaging, visual messaging or other educational efforts, etc.? During the sign-up process we will educate riders via app where they can and can’t ride and park the vehicle. We also plan to create a short video for users to watch and reward them with a free ride for watching it. In-app messaging is not safe during the ride but can be utilized after the ride ended. We are studying other ways such as in-app voice alerts but have not implemented it yet. For sidewalk riding we are studying solutions such as Dover AI and others to explore integration options and costs. b. What unique technologies and/or strategies will you utilize to ensure riders park devices in appropriate locations, including but not limited to: Geo-fencing or other equivalent technology, parking penalties for repeat offenders, parking incentives or disincentive programs, auditory or in-app messaging, visual messaging or other educational efforts, etc.? We do have in-app alerts for parking in red zones. We also will hit riders with a hefty penalty of $35 if they park there anyway. c. What unique technologies and/or strategies will you utilize for avoiding underage use of e- scooters, or use without a driver’s license? We require users to be 18 years old to ride an e-bike. The age is verified through scanning an ID in the App. 20
d. What unique technologies and/or strategies will you utilize for ensuring only one rider per device.? Our e-bike is designed to accommodate up to two riders. e. What unique technologies and/or strategies will you utilize for ensuring riders do not ride while under the influence of drugs or alcohol? We plan to implement in-app gamifying techniques during certain hours of the day. This will help inform riders not to ride when under the influence. f. Describe your strategy for making helmets available to customers and encouraging customer use of helmets. We developed a unique micromobility helmet and plan to include one with each bike. 21
Section 8: COMMUNITY ENGAGEMENT, OUTREACH & SAFETY/ RIDING EDUCATION Briefly describe your plan to engage with the community and educate your customers in order to ensure the safety of riders and all roadway users. a. Do you agree to meet the minimum requirements outlined in Section 4.6 of the Administrative Regulations? Yes, we agree to meet the minimum requirements outlined in Section 4.5 of the Administrative Regulations. b. What unique strategies are you offering beyond the minimum requirements and why are they effective? This could include but is not limited to: Plan for community engagement. ● Participate in community events, mixers, farmers markets, etc. ● Create an ambassador outreach team to educate on-site. ● Monthly community rides. ● Co-marketing with local businesses. ● Sponsorship of community events. ● Social media. ● Newsletters. Plan to implement safety programs. ● Highlight safe infrastructure, useful routes, safety information. ● Earn free rides for participating in safe riding classes. ● Helmet giveaways. ● Reward people with gifts for riding with a helmet. Plan for public information and education to users and non-users. ● Posts on social media. ● Engage local press. ● Engage neighborhood associations. ● Newsletters. Community complaint technologies 22
● We will promote devices to text us for improper parking. ● Non-users can also email or call us to complain. Strategies to disseminate information in multiple languages ● The HOPR app is multilingual. ● We will also make sure our website is multilingual. In-app messaging and education features ● First time riders will go through a series of educational screens. ● Popup screens will also encourage safety. ● Rewards will be provided for watching a safety video. Our marketing program focuses on three core segments: Local residents and workers, visitors, and businesses. ● Presence at community events & inclusive, diverse marketing campaigns. ● Focus on making e-scooters a viable and approachable solution to people’s everyday travel needs. ● Partnerships with public transit, car share, car rental, and other mobility providers to encourage people to live a multi-modal lifestyle and reduce their need for vehicular trips. ● Corporate membership plans to encourage employers to include scooter share as an employee benefit. 23
Section 9: AFFORDABILITY Briefly describe your plan to ensure that shared mobility systems remain affordable for all users as a viable mode of transportation and provide access opportunities for users from every socio-economic level. a. Do you agree to meet the minimum requirements outlined in Section 4.6.3 of the Administrative Regulations? Yes, we agree to meet the minimum requirements outlined in Section 4.6.3 of the Administrative Regulations. b. What unique strategies are you offering beyond the minimum requirements and why are they effective? This could include but is not limited to: Fare Structure Please keep in-mind that our vehicle can accommodate 2 riders. Plan Details Rate Pay Per Ride Unlock and per minute fee $5 plus $0.40 per min. 1 Day All day rental $49 flare rate 30 days Subscription $149 per month plus $5 per hour 365 days Subscription $99 per month plus $5 per hour Equity Pricing 30 days Subscription $25 per month plus $3 per hour Cash payment will be available via App at InComm participating locations. 24
Other Fees - Sales Tax: 10.25% - City per ride fee: $0.20 per trip - City per ride insurance fee: $3.50 (to cover $25M requirement) - Parking not allowed fee: $35 - Max Rental fee per day is $49 Strategies to ensure fares remain affordable for all users, and cheaper than other automobile options like ride hailing services We are definitely cheaper than automobile trips and ride hailing however we can be more competitive and more affordable if the City of Santa Monica reduces it’s high licensing fees and the $25M insurance requirement. 25
Section 10: CUSTOMER SERVICE Briefly describe your plan to provide responsive customer service to riders and non-rider community members that creates a positive experience and quickly resolves and tracks issues. a. Do you agree to meet the minimum requirements outlined in Section 4.7 of the Administrative Regulations? Yes, we agree to meet the minimum requirements outlined in Section 4.7 of the Administrative Regulations. b. What unique strategies are you offering beyond the minimum requirements and why are they effective? This could include but is not limited to: Customers can get assistance by phone, email, or sending a message through social media or directly through the HOPR app. Assistance is available in English, Spanish. We strive to keep phone wait times 0-3 mins. & respond promptly to all customer service requests regardless of the communication method. Customer service complaints are forwarded to the appropriate local manager and/or field staff for resolution. Customers can report improperly parked or malfunctioning of vehicles via the HOPR app. Non-users can report issues by calling the number listed on the vehicles. For issues that require immediate attention, our customer service team rapidly escalating concerns to the local operations team. We currently use Customer Service Management to manage, categorize, and track all interactions. We can then pull from this database and create reports for various issue types. 26
Section 11: DATA a. Briefly describe your strategy for monitoring system effectiveness, customer satisfaction, and municipal relationships over time. We plan to appoint a liaison and compliance person to be the one point of contact for the City. We also plan to survey our customers bi-annually for feedback. And we plan to do regular spot checks to see how things are operating on the street. b. Confirm that you affirmatively accept compliance with the Data requirements outlined in Section 4.9 of the Administrative Regulations. Yes, we confirm that we affirmatively accept compliance with the Data requirements outlined in Section 4.9 of the Administrative Regulations. c. Provide your most recent third-party PCI audit. 27
d. Briefly describe what, if any, user data you intend to collect and sell. And if so how this will this be communicated to users and how they will they be able to opt-out? We do not sell any user data. 28
Section 12: Forms • Non-Discrimination Policy Acknowledgment (Attachment B) • Non-Collusion Affidavit (Attachment C) • Oaks Initiative Disclosure Form (Attachment D) • Indemnification and Insurance Agreement (Attachment E) • Shared Mobility Device User Release (Attachment F) Additional information: NONDISCLOSURE INDEMNIFICATION AGREEMENT Statement of Income and Related Earnings 29
ATTACHMENT B City of Santa Monica Non-Discrimination Policy Acknowledgment A. Discrimination. Discrimination in the provision of services may include, but not be limited to the following: (a) Denying any person any service, or benefit or the availability of a facility. (b) Providing any service, or benefit to any person which is not equivalent, or in a non- equivalent manner or at a non-equivalent time, from that provided to others. (c) Subjecting any persons to segregation or separate treatment in any manner related to the receipt of any service. (d) Restricting any person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit. (e) Treating any person differently from others in determining admission, enrollment, quota, eligibility, membership, or any other requirement or condition which persons must meet in order to be provided any service or benefit. (1) Consultant shall take affirmative action to ensure that intended beneficiaries of this Agreement are provided services without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability. (2) Consultant shall further establish and maintain written procedures under which any person applying for or receiving services hereunder, may seek resolution from Consultant of a complaint with respect to any alleged discrimination in the provision of services by Consultant's personnel. At any time any person applies for services under this Agreement, he or she shall be advised by Consultant of these procedures. A copy of these procedures shall be posted by Consultant in a conspicuous place, available and open to the public, in each of Consultant's facilities where services are provided hereunder. B. Non-discrimination in Employment (1) Consultant certifies and agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability in accordance with the requirements of City, State or Federal law. Consultant shall take affirmative action to ensure that qualified applicants are employed, and that employees are treated during employment, without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability, in accordance with the requirements of City, State and Federal law. Such shall include, but not be limited to, the following: (a) Employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. (b) Selection for training, including apprenticeship. 12
(2) Consultant agrees to post in conspicuous places in each of Consultant's facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this non-discrimination policy. (3) Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability, in accordance with the requirements of City, State or Federal law. (4) Consultant shall send to each labor union or representative coworkers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of Consultant's commitments under this non-discrimination policy. (5) Consultant certifies and agrees that it will deal with its sub-consultants, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability, in accordance with the requirements of City, State and Federal law. (6) In accordance with applicable State and Federal law, Consultant shall allow duly authorized representatives of the County, State, and Federal government access to its employment records during regular business hours in order to verify compliance with this non- discrimination policy. Consultant shall provide other information and records as the representatives may require in order to verify compliance with this non-discrimination policy. (7) If City finds that any of the provisions of this non-discrimination policy have been violated, the same shall constitute a material breach of agreement upon which City may determine to cancel, terminate, or suspend this Agreement. While City reserves the right to determine independently that this nondiscrimination policy has been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Consultant has violated State or Federal non- discrimination laws shall constitute a finding by City that Consultant has violated the provisions of this non-discrimination policy. (8) The parties agree that in the event Consultant violates any of the non-discrimination policies set forth herein, City shall be entitled, at its option, to the sum of five hundred dollars ($500) pursuant to Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating or suspending this Agreement. (9) Consultant hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), all requirements imposed by applicable Federal Regulations, and all guidelines and interpretations issued pursuant thereto, to the end that no qualified disabled person shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the Consultant receiving Federal Financial Assistance. CycleHop LLC dba HOPR Signature/Date Name of Proposer 13
ATTACHMENT C NON-COLLUSION DECLARATION TO ACCOMPANY PROPOSALS OR BIDS STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } Josh Squire , being first duly sworn, deposes, and says: that He/She is: CEO (Insert “Sole Owner,” “A Partner”, “President,” “Secretary,” or other proper title) of CycleHop LLC dba HOPR (Insert name of proposer) Who submits herewith to the City of Santa Monica the attached proposal; that He, She, It, or They is (are) the person(s) whose name(s) is (are) (strike out words not appropriate) signed to the hereto attached proposal; that said proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; that such proposal was not made in the interest or on behalf of any person, partnership, company, association, organization or corporation not therein named or disclosed. Declarant further deposes and says: that the proposer has not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interests of the public body which is to award the contract or of any other proposer, or anyone else interested in the proposed contract; that the proposer has not in any manner sought by collusion to secure for himself, herself, itself, or themselves, an advantage over any other proposer. (strike out words not appropriate) Declarant further deposes and says that prior to the public opening and recording of proposals the said proposer: 10
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham Proposal; (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said proposer or anyone else would submit a false or sham proposal, or that anyone should refrain from proposing or withdraw his/her proposal; (c) Did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix any overhead, profit or cost element of his, her, its, their price, or of that of anyone else; and (d) Did not, directly or indirectly, submit his, her, its, or their proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership or other financial interest with said proposal in his, her, its, or their business. (strike out words not appropriate) I declare under penalty of perjury that the foregoing is true and correct. CycleHop LLC dba HOPR Signature/Date Name of Proposer 11
ATTACHMENT D CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. 12
CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12- month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-month period. Name(s) of persons or entities receiving public benefit: CycleHop LLC dba HOPR Name(s) of trustees, directors, partners, and officers: Josh Squire Name(s) of persons with more than a 10% equity, participation, or revenue interest: Josh Squire Prepared by: Josh Squire Title: CEO Signature: Date: 4/12/21 Email: josh@gohopr.com Phone: 773-251-9757 FOR CITY USE ONLY: Bid/PO/Contract # Permit # 13
Per City, this is not to be completed until post award ATTACHMENT E INDEMNIFICATION AND INSURANCE AGREEMENT This Indemnification and Insurance Agreement (“Agreement”) is entered into on ______________________, 2020, by and between the CITY OF SANTA MONICA, a municipal corporation (“City”) and _______________________ (“Operator”). RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Operator is qualified to do business, and is doing business, in the State of California. Pursuant to Santa Monica Municipal Code Section 3.22 (“Second Shared Mobility Device Pilot Program” or “Pilot Program”), City’s Director of Planning and Community Development selected Operator to receive a Shared Mobility Operator Permit (“Permit”) authorizing Operator to deploy Shared Mobility Devices within the City. C. Under Santa Monica Municipal Code Sections 3.22.070(a) and (b), Operator’s participation in the Pilot Program and the issuance of the Permit is contingent on Operator executing an indemnification agreement and maintaining insurance coverage limits as determined by the City’s Risk Manager. D. City and Operator desire to enter into this Agreement upon the terms and conditions set forth below. NOW, THERFORE, it is mutually agreed by and between the undersigned parties as follows: 1. AGREEMENT TO INDEMNIFY, DEFEND AND HOLD HARMLESS. Operator agrees to defend, indemnify, and hold harmless the City, its officers, elected, or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgments, demands, and defense costs (including, without limitation, actual, direct, out-of-pocket costs and expenses, and amounts paid in compromise, settlement, or judgment, and reasonable legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of, in connection with, or which are in any way related to, the City’s issuance of or decision to approve a Permit, the process used by the City in making decisions relating to the issuance of a Permit, Operator’s participation in the Second Shared Mobility Device Pilot Program, Operator’s (including its officers, managers, employees, contractors, agents, and volunteers) business conduct and operations, any violation of any laws by the Operator (including its officers, managers, employees, contractors, agents, and volunteers) or its users, or any bodily injury including death or damage to property arising out of or in connection with any use, misuse, placement or mis- placement of any of the Operator’s devices or equipment by any person, except such loss or damage which was caused by the sole willful misconduct of the City. Operator will conduct all defenses at its sole cost and expense, and City shall reasonably approve selection of the counsel to represent City as proposed by Operator. This indemnity shall apply to all claims and liability regardless of whether any insurance policies of the Operator, its affiliates or any other parties are applicable thereto. The policy limits of any insurance of Operator, its affiliates or other parties are not a limitation upon the obligation of Operator, including without limitation, the amount of indemnification to be provided by Operator. The 14
provisions of this section shall survive the termination of this Agreement. 2. INSURANCE. Operator agrees that, at no cost or expense to the City, at all times during the Operator’s participation in the Pilot Program, Operator will maintain the insurance coverage set forth in Exhibit “A” to this Agreement. 3. AMENDMENT/INTERPRETATION OF THIS AGREEMENT. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. 4. SECTION HEADINGS. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 5. WAIVER. No waiver of any of the provisions of this Agreement shall be binding unless in the form of a writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 6. SEVERABILITY AND GOVERNING LAW. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 7. NOTICES. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand or mailed certified or registered mail and addressed as follows: If to Operator: [INSERT] If to City: City of Santa Monica, Mobility Division 1685 Main Street Room 115 Santa Monica, CA 90401 With a copy to: Santa Monica City Attorney’s Office 1685 Main Street. Third Floor Santa Monica, CA 90401 Attention George S. Cardona, Interim City Attorney 8. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. 15
9. EFFECTIVE DATE AND TERMINATION. This Agreement will be effective as of the date of the signature of City’s representative as indicated below in City’s signature block, and shall terminate as of the date that Operator’s Permit expires or is revoked. Operator’s indemnification obligations pursuant to Section 1 above shall survive the termination of this Agreement. In witness whereof, the parties have caused this Agreement to be executed the day and year first above written. CITY OF SANTA MONICA, ATTEST: a municipal corporation ______________________________ DENISE ANDERSON-WARREN By: _____________________________ City Clerk LANE DILG Interim City Manager APPROVED AS TO FORM: ______________________________ GEORGE S. CARDONA Interim City Attorney OPERATOR By: _____________________________ Name: __________________________ Title: ___________________________ 16
ATTACHMENT F Shared Mobility Device User Release (Operators must include release language in their applications and each rider must affirmatively sign or check a box within the application notating consent. Operators must obtain an affirmative signature or box check from riders as a condition for participating in the Shared Mobility Device Pilot Program.) For and in consideration of rental and use of the [Bike, Scooter], rider, for himself or herself and on behalf of rider’s heirs, executors, administrators and assigns, forever releases and relinquishes and discharges the City and its elected and appointed officials, officers, employees, agents, contractors, and volunteers (Collectively, the “City”) from any and all claims, demands, disputes, losses, liabilities, debts, liens, charges, penalties, proceedings, causes of action and damages including for personal injury, wrongful death, property damage, and injury to rider or to third parties (Collectively, “Claims”), including unknown or unanticipated claims, which arise from or are related directly or indirectly to this agreement or the rental, maintenance, design, placement, use and/or operation of the Operator’s equipment, including the bikes, scooter, or the Operator’s website, including any and all claims related to the sole or partial negligence of the City or any other party. Rider herby expressly waives any claims against the City which rider does not know or suspect to exist in his or her favor at the time of renting a bike or scooter, and expressly waivers rider’s rights under any statues that purport to preserve rider’s unknown claims. 19
HOPR Rental Agreement, Waiver of Liability, and Release Effective Date: January 2, 2020 Thanks for choosing to ride with HOPR. If you don’t agree to these terms and conditions, you may not use our services. We may amend these terms from time to time, and the revised version will be effective when posted on this website or otherwise made available to you. The revised terms supersede any previous versions. IMPORTANT NOTE ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION IN SECTION 12, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH HOPR ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS. INTRODUCTION In consideration of Your use of any of the HOPR Services (defined below) provided by CycleHop, LLC d/b/a HOPR (“HOPR” or “We”), HOPR requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this HOPR Rental Agreement, Waiver of Liability, and Release (the “Agreement”). The services provided by HOPR include, among other things, (1) the HOPR transit mobile application (“HOPR Transit App”) and related website, (2) the HOPR S electric scooter, or such other model of electric scooter that HOPR may provide access to from time to time (each a “Vehicle” or collectively, the “Vehicles”), and (3) all other related equipment, personnel, services, applications, websites, and information provided or made available by HOPR (collectively, the “HOPR Services”). In addition to HOPR’s Terms of Service, located at https://gohopr.com/terms-usa/, which You expressly agreed to when you signed up for HOPR, You should carefully read all terms and conditions contained herein before entering into this Agreement. Unless otherwise indicated, all monetary values set forth in this Agreement will be deemed to be denominated in United States dollars. 1. RENTAL AND USE OF VEHICLE. a. Rider is Sole User. HOPR and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated. b. Guest Riders. If available in your area, You may use the HOPR Transit App to initiate the rental of a Vehicle for a guest rider(s). For each of Your additional guest riders to be authorized to use the HOPR Serviecs, You, as a “host”, agree and acknowledge that all riders in your group are at least 18 years old, that You assume full responsibility for all damage and injuries caused by You or Your guests, that only one guest rider will operate one Vehicle, and that You will pay for all of the rides using Your account. Additionally, You
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