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`CHARLES PARKIN, City Attorney
`CHELSEA N. TROTTER, Deputy City Attorney
`State Bar No. 267652
`TODD VIGUS, Deputy City Attorney
`State Bar No. 286509
`411 W. Ocean Boulevard, 9th Floor
`Long Beach, California 90802
`Telephone:
`(562) 570-2200
`Facsimile:
`(562) 436-1579
`
`Attorneys for Defendant
`CITY OF LONG BEACH
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`FOR THE COUNTY OF LOS ANGELES
`
`CITY OF LONG BEACH,
`
`
`
`
`Plaintiff,
`
`
`vs.
`
`NEUTRON HOLDINGS, INC. dba LIME;
`AXIS SURPLUS INSURANCE
`COMPANY; and DOES 1 through 25,
`
`
`
`
`Defendants.
`
`
`
`
`(Exempt from Filing Fees pursuant to
`Government Code §6103)
`
`Case No.:
`
`CITY OF LONG BEACH’S
`COMPLAINT FOR DECLARATORY
`RELIEF, BREACH OF CONTRACT,
`AND TORTIOUS BREACH OF THE
`IMPLIED COVENANT OF GOOD
`FAITH AND FAIR DEALING
`
`Complaint Filed:
`Trial Date:
`
`
`Plaintiff, CITY OF LONG BEACH (the “CITY”), complains of defendants, and each
`
`of them, and alleges:
`
`THE PARTIES
`Plaintiff, CITY OF LONG BEACH (“CITY”), is a municipal entity organized
`1.
`under the laws of the State of California and is qualified to do and is doing business in the
`State of California, with its principal place of business in Los Angeles County.
`Defendant, NEUTRON HOLDINGS, INC. dba LIME, is a corporation
`2.
`licensed to transact business and is transacting business in the State of California within Los
`Angeles County.
`
`1
`CITY OF LONG BEACH’S COMPLAINT
`
`411 W. Ocean Boulevard, 9th Floor
`CHARLES PARKIN, City Attorney
`OFFICE OF THE CITY ATTORNEY
`
`Long Beach, CA 90802
`
`
`
`Electronically FILED by Superior Court of California, County of Los Angeles on 02/24/2020 04:12 PM Sherri R. Carter, Executive Officer/Clerk of Court, by E. Salcido,Deputy Clerk
`
`Assigned for all purposes to: Governor George Deukmejian Courthouse, Judicial Officer: Mark Kim
`
`20LBCV00115
`
`
`
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`Defendant, AXIS SURPLUS INSURANCE COMPANY, is a corporation
`3.
`licensed to transact business and is transacting business in the State of California within Los
`Angeles County.
`The CITY is unaware of the true names and capacities, whether individual,
`4.
`partnership, corporate, associate, or otherwise, of those Defendants sued herein as DOES 1
`through 25, including (the “DOE Defendants”) and, therefore, sues these Defendants by
`fictitious names. The CITY will amend this Complaint to allege their true names and
`capacities when ascertained.
`At all times relevant herein, Defendants, and each of them, were acting as the
`5.
`agents, servants and/or employees of each of the other Defendants and were acting within
`the course and scope of said agency and employment.
`VENUE
`Venue is proper in this Court pursuant to California Code of Civil Procedure
`6.
`section 395.5 because various transactions, acts, events, and occurrences giving rise to this
`Complaint took place within Los Angeles County.
`THE NATURE OF THE ACTION AND UNDERLYING LAWSUITS
`7. With this Complaint, the CITY seeks declaratory relief from Defendants, and
`each of them, for their breach of contract and tortious breach of the covenant of good faith
`and fair dealing by refusing to provide coverage for defense and indemnity for numerous
`claims and lawsuits pending in the Los Angeles County Superior Court.
`In July 2018, the CITY initiated a shared e-scooter pilot program.
`8.
`9.
`Defendant, NEUTRON HOLDINGS, INC. dba LIME, participated in the
`shared e-scooter pilot program and executed a business operation agreement with the CITY.
`Exhibit 1.
`10. As part of the operation agreement, Defendant, NEUTRON HOLDINGS,
`INC. dba LIME, agreed to defend, indemnity, and hold harmless the CITY from and against
`any and all demands, claims, causes of action, liability, loss, liens, damages, costs, and
`expenses arising from or in any away connected or alleged to be connected with NEUTRON
`
`2
`CITY OF LONG BEACH’S COMPLAINT
`
`411 W. Ocean Boulevard, 9th Floor
`CHARLES PARKIN, City Attorney
`OFFICE OF THE CITY ATTORNEY
`
`Long Beach, CA 90802
`
`
`
`
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`HOLDINGS, INC. dba LIME’s work, operations, or activities; or the work, operations or
`activities of its employees, agents, customers, invitees, or contractors in operating its
`mobility scooters.
`11. Defendant, NEUTRON HOLDINGS, INC. dba LIME, further agreed to
`procure and maintain a commercial general liability insurance policy to cover liability
`resulting from the use or operation by NEUTRON HOLDINGS, INC. dba LIME or its
`customers, employees, or invitees of its mobility scooters.
`The CITY is informed and believes, Defendant, NEUTRON HOLDINGS,
`12.
`INC. dba LIME, procured and maintained a commercial general liability with Defendant,
`AXIS SURPLUS INSURANCE COMPANY, under policy number P-0001-000027914-01,
`at all time relevant herein. Exhibit 2.
`DUARDO LAWSUIT - LASC CASE NO. 19STCV32414
`
`13. On September 16, 2019, the CITY was served with Summons and Complaint
`in a lawsuit initiated by Plaintiff Martha Duardo.
`The case was filed in the Los Angeles County Superior Court, Case No.
`14.
`19STCV32414. Plaintiff alleges in discovery that she was riding a Lime scooter when she
`fell off the scooter.
`The underlying causes of action are premises liability/dangerous condition of
`15.
`public property and negligence against the CITY and NEUTRON HOLDINGS.
`The CITY tendered the defense and indemnity to NEUTRON HOLDINGS
`16.
`and AXIS SURPLUS in December 2019.
`The tender was denied on January 8, 2019.
`17.
`HEARD LAWSUIT - LASC CASE NO. 19STCV35469
`18. On November 5, 2019, the CITY was served with Summons and Complaint
`in a lawsuit initiated by Plaintiffs Ashley Heard and Jason Heard. Exhibit 5.
`The case was filed in the Los Angeles County Superior Court, Case No.
`19.
`19STCV35469.
`Said Complaint alleges that Plaintiff Ashley Heard was operating a Lime
`20.
`
`3
`CITY OF LONG BEACH’S COMPLAINT
`
`411 W. Ocean Boulevard, 9th Floor
`CHARLES PARKIN, City Attorney
`OFFICE OF THE CITY ATTORNEY
`
`Long Beach, CA 90802
`
`
`
`
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`electric scooter on the CITY’s streets and fell off the scooter.
`The underlying causes of action are premises liability/dangerous condition of
`21.
`public property and negligence against the CITY and NEUTRON HOLDINGS.
`The CITY tendered the defense and indemnity to NEUTRONS in or around
`22.
`December 2019.
`The tender was denied on December 20, 2019.
`23.
`FIRST CAUSE OF ACTION
`FOR DECLARATORY RELIEF
`(Against All Defendants)
`The CITY refers to and incorporates herein by this reference each and every
`24.
`allegation of all preceding paragraphs of this Complaint as though fully set forth at length
`herein.
`25. Defendants, and each of them, have refused to defend, indemnify and hold the
`CITY harmless in the action brought by plaintiff herein. By reason of the refusal of
`Defendants, and each of them, to defend, indemnify and hold the CITY harmless, a dispute
`has arisen and an actual controversy exists between the CITY and said Defendants, and each
`of them, concerning their respective rights, duties and obligations to indemnify the CITY.
`The CITY is therefore, entitled to a declaration of the rights, duties and obligations of
`Defendants, and each of them, to the CITY herein.
`SECOND CAUSE OF ACTION
`FOR BREACH OF CONTRACT - DUTY TO DEFEND
`(Against All Defendants)
`The CITY refers to and incorporates herein by this reference each and every
`26.
`allegation of all preceding paragraphs of this Complaint as though fully set forth at length
`herein.
`27. As a result of the material breach of contract by Defendants, and each of them,
`in refusing to defend the CITY in the underlying lawsuits, the CITY will incur costs of
`litigation in defending itself in the underlying lawsuits.
`
`4
`CITY OF LONG BEACH’S COMPLAINT
`
`411 W. Ocean Boulevard, 9th Floor
`CHARLES PARKIN, City Attorney
`OFFICE OF THE CITY ATTORNEY
`
`Long Beach, CA 90802
`
`
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`The CITY has duly performed all necessary conditions precedent, except in so
`28.
`far as such performance has been prevented by the acts and omissions of the Defendants.
`THIRD CAUSE OF ACTION
`FOR BREACH OF CONTRACT - DUTY TO INDEMNITY
`(Against All Defendants)
`The CITY refers to and incorporates herein by this reference each and every
`29.
`allegation of all preceding paragraphs of this Complaint as though fully set forth at length
`herein.
`30. As a result of the material breach of contract by Defendants, and each of them,
`in refusing to indemnify the CITY in the underlying lawsuits, the CITY will incur costs of
`litigation in defending itself in the underlying lawsuits.
`The CITY has duly performed all necessary conditions precedent, except in so
`31.
`far as such performance has been prevented by the acts and omissions of the Defendants.
`FOURTH CAUSE OF ACTION
`FOR BAD FAITH
`(Against All Defendants)
`The CITY refers to and incorporates herein by this reference each and every
`32.
`allegation of all preceding paragraphs of this Complaint as though fully set forth at length
`herein.
`33. AXIS SURPLUS INSURANCE COMPANY’s policy was and is a contract,
`of which the CITY, as an additional insured, was a beneficiary. Like all contracts, said
`policies contained an implied covenant of good faith and fair dealing. Among other things,
`that implied covenant required AXIS SURPLUS INSURANCE COMPANY to refrain from
`taking any action that would improperly deprive the CITY of the benefits to which it was
`entitled as an additional insured under the policy, and to treat an additional insured’s interests
`with at least as much respect as its own.
`In or around December of 2019, the CITY sought to be defended and
`34.
`indemnified by Defendant, NEUTRON HOLDINGS, INC., relating to the claim and
`
`5
`CITY OF LONG BEACH’S COMPLAINT
`
`411 W. Ocean Boulevard, 9th Floor
`CHARLES PARKIN, City Attorney
`OFFICE OF THE CITY ATTORNEY
`
`Long Beach, CA 90802
`
`
`
`
`
`
`underlying aforementioned lawsuits.
`35. Defendants, and each of them, have failed to defend the CITY in the
`underlying aforementioned lawsuits.
`36. As a result of these breaches of implied covenants of good faith and fair
`dealing, the CITY will suffer actual damages, including, but not limited to, the costs and
`expenses of defending itself in the present lawsuit and/or any judgment that may be entered
`against the CITY.
`The above-described conduct of Defendants, and each of them, was carried
`37.
`out by officers, directors, managing agents and/or attorneys of said entities, and was
`authorized and/or ratified by Defendants, and each of them. Said conduct constitutes malice,
`oppression, and/or fraud as defined by California Civil Code § 3294(c). Said conduct was
`carried out in willful conscious disregard of the CITY’s rights with the intent to deprive the
`CITY of rights and benefits to which it was legally entitled. Punitive and/or exemplary
`damages shout therefore be awarded against Defendants, and each of them.
`WHEREFORE, the CITY prays for judgment against Defendants, and each of
`them as follows:
`For damages according to proof at trial;
`1.
`2.
`For prejudgment interest thereon;
`3.
`For an award of punitive damages commensurate with Defendant’s conduct;
`4.
`For its reasonable attorneys’ fees;
`5.
`For costs of suit incurred herein; and
`6.
`For such further and other relief as the court deems proper.
`
`DATED: February 18, 2020
`
`CHARLES PARKIN, City Attorney
`
`
`By:
`
`
`
`TODD VIGUS
`Deputy City Attorney
`Attorneys for Defendant
`CITY OF LONG BEACH
`6
`CITY OF LONG BEACH’S COMPLAINT
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`411 W. Ocean Boulevard, 9th Floor
`CHARLES PARKIN, City Attorney
`OFFICE OF THE CITY ATTORNEY
`
`Long Beach, CA 90802
`
`
`
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`
`EXHIBIT 1
`
`EXHIBIT 1
`
`
`
`Shared eScooter
`Pilot Program
`
`July 2018
`
`
`
` City of Long Beach
`
`
`
`Table of Contents
`
`Program Overview
`Vendor Requirements
`Indemnification and Insurance
`Program Requirements
`Operating Areas
`Users
`Further Information
`Attachment 1
`Attachment 2
`Attachment 3
`Attachment 4
`Attachment 5
`Attachment 6
`
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`Photo: Dan Tuffs
`
`
`
`Program Overview
`The City is seeking vendors to participate in a 120-day pilot program to
`
`evaluate the use of shared electric scooters in the public right-of-way in
`Long Beach. The program will allow multiple vendors to operate shared
`electric scooters for use by the public via mobile app in the City of Long
`Beach.
`
`The pilot program will kick off with a mandatory meeting on July 2nd, 2018 at
`Long Beach City Hall at 333 W. Ocean Blvd, 10th floor. Vendors will be invited
`to participate in the pilot program, which will operate through October 30th,
`2018. The program will be open to the first 6 (six) applicants to submit a
`completed permit application compliant with the requirements listed in this
`document by July 20th, 2018.
`
`Each vendor will be allowed to deploy an initial 150 scooters during the
`pilot program and will be required to identify, geo-fence, and physically
`mark locations for placement of the scooter fleet during initial deployment
`and daily rebalancing. Vendors will be required to devise an incentive
`that encourages users to return scooters to these identified locations and
`discourages abuse of the public right-of-way.
`
`A vendor may request, in writing, a second deployment of an additional 150
`scooters after the first 30 days of the initial deployment of scooters subject
`to the City’s review of vendor compliance and the utilization of their fleet.
`To expand their fleet, a vendor will need to demonstrate compliance with
`City requirements and provide data demonstrating demand for additional
`scooters with a heat map of all trips taken using their program. The City has
`full discretion to limit the number of drop zones in any given area of the City.
`
`Once the 120-day pilot program is complete on October 30th, all vendors will
`be required to remove all equipment utilized in the program no later than
`12 PM on October 31st, 2018 and submit a final report to the City no later
`than November 16th. The City has the authority to remove any scooters
`left in the public right-of-way that do not comply with the guidelines of this
`program. The City will impound any equipment left in the public right-of way
`beyond 12 PM on October 31st. The final report shall include a summary of
`the vendor’s overall operation to assist the City in evaluating any potential
`future operation of e-scooter share in Long Beach. The final report shall
`include data to assist the City in evaluating the safety and effectiveness of the
`program including the following:
`
`City of Long Beach 3
`
`
`
`1. Number of trips per day per scooter;
`2. Number of users enrolled in the program;
`3. Percentage of scooters placed in drop zones at the end of use;
`4. A breakdown of user demographics including, but not limited to, age,
`gender, zip code;
`5. Number of scooters serviced;
`6. Number of scooters lost, stolen, replaced or impounded;
`7. Verification of California Driver’s License by users;
`8. All trip data including origins and destinations;
`9. Total amount of revenue collected per month including, but not limited
`to, any rental fees, membership fees, out of area fees, charges per
`minute, charges per ride, and drop zone incentives provided;
`10. Report and describe methodologies for the rebalancing, recharging,
`and maintenance;
`11. Report and describe the severity of any injuries to participants;
`12. A heat map of all rides for the month;
`13. Most popular drop zones based on trips;
`14. A heat map of all trips showing all trips broken down by month during
`the pilot program;
`15. Evidence of the vendor’s compliance with the City’s requirements;
`16. Number of user/vendor contacts with the Long Beach Police
`Department and any citations issued; and
`17. Evidence of users’ compliance with State of California and City laws
`regulating e-scooter riding and parking on the public right-of-way.
`
`Compliance with program guidelines and regulations by vendors will be
`considered in determination of the future of an ongoing e-scooter program
`in Long Beach.
`
`4 Shared eScooter Pilot Program
`
`
`
`Vendor Requirements
`
`Vendor must provide proof of the following prior to participation in the
`program:
`
`1. A permit to operate in the Long Beach Public Right-of-Way (fees are
`approximately $2336 per package) including the following (Attachment
`1):
`a. Completed Public Works Application and Installation and
`Maintenance Agreement and all required documents and support
`materials listed therein including:
`• Site plan drawings of drop zones (vendor is required to provide and install
`floor graphics that are easily removed at the end of the 120 day pilot to
`delineate the drop zone);
`• Photos of existing conditions of the drop zone areas;
`• Renderings (a cut sheet of the scooter);
`• Letter of approval from property owner, homeowner’s association (HOA),
`or community association (If there is no applicable HOA) for each proposed
`drop zone;
`• Completed Installation and Maintenance Agreement (IMA) (Attachment 2);
`• Articles of incorporation or other means to verify authority to sign IMA.
`NOTE: This must match with the information filed with the Secretary of State.
`
`2. A City of Long Beach Business License. Fees are approximately $177.62
`plus a $9.21 per employee fee and an additional fee for a six month
`license if offices are to be located within a Business Improvement
`District;
`3. Agree to indemnify, defend and hold harmless the City for all aspects
`of the program related to the vendor’s operation;
`4. Include a waiver of liability naming the City of Long Beach in all terms
`of the end-user agreement (Attachment 3); and
`5. Must be in compliance with all requirements per the California Vehicle
`Code (CVC) (Attachment 4).
`
`City of Long Beach 5
`
`
`
`Indemnification and Insurance
`
`INDEMNIFICATION: Permittee shall defend, indemnify, and hold harmless
`the City, its Commissions and Boards, and their officials, employees, and
`agents from and against any and all demands, claims, causes of action,
`liability, loss, liens, damage, costs, and expenses (including attorney’s
`fees) arising from or in any way connected or alleged to be connected
`with Permittee’s work, operations, or activities, or the work, operations,
`or activities of its employees, agents, customers, invitees, or contractors
`as authorized under this Permit and from any act or omission, willful
`misconduct, or negligence (active or passive) by or alleged to be by
`Permittee, its employees, agents, customers, invitees, or contractors either
`as a sole or contributory cause, sustained by any person or entity (including
`employees or representatives of City or Permittee). The foregoing shall
`not apply to claims or causes of action caused by the sole negligence or
`willful misconduct of the City, its Commissions and Boards, or their officials,
`employees, or agents.
`
`INSURANCE. As a condition precedent to the effectiveness of this Permit,
`Permittee shall procure and maintain at Permittee’s expense for the duration
`of this Permit from an insurance company that is admitted to write insurance
`in the State of California or that has a rating of or equivalent to an A:VIII by
`A.M. Best and Company the following insurance:
`(a)
`Commercial general liability insurance equivalent in scope to ISO
`form CG 00 01 11 85 or broader and that does not exclude coverage for
`liability resulting from the use or operation by Permittee or its customers,
`employees, or invitees of motorized scooters as defined by the California
`Vehicle Code, for liability resulting from XCU (explosion, underground, and
`collapse) perils, cross liability protection, mobile equipment, and products
`and completed operations liability naming the City of Long Beach, and its
`officials, employees, and agents as additional insureds on a form equivalent
`in coverage scope to ISO CG 20 26 11 85 from and against claims, demands,
`causes of action, expenses, costs, or liability for injury to or death of persons,
`or damage to or loss of property arising out activities performed by or on
`behalf of the Permittee in an amount not less than One Million Dollars
`(US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in
`general aggregate.
`(b) Umbrella liability insurance on a following form basis insurance,
`including, but not limited to, additional insured coverage, in an amount
`not less than Two Million Dollars ($2,000,000) per claim and in aggregate
`covering the indemnification provided pursuant to this Permit.
`
`6 Shared eScooter Pilot Program
`
`
`
`Special perils personal property insurance covering all of the e-scooters
`(c)
`and other equipment belonging to, leased by, or under the care, custody, or
`control of Permittee at full replacement value new. Permittee and Permittee’s
`insurer shall waive rights to sue City for any property damage or loss covered
`by property insurance.
`Any self-insurance program or self-insurance retention must be approved
`separately in writing by City and shall protect the City of Long Beach, and its
`officials, employees, and agents in the same manner and to the same extent
`as they would have been protected had the policy or policies not contained
`retention provisions. Each insurance policy shall be endorsed to state that
`coverage shall not be suspended, voided, or canceled by either party except
`after twenty (20) days prior written notice to City, and shall be primary and
`not contributing to any other insurance or self-insurance maintained by City.
`Any contractors or others which Permittee may use as part of this Permit
`shall be required to maintain insurance in compliance with the provisions of
`this section and to indemnify the City to the same extent as Permittee.
`
`Permittee shall deliver to City certificates of insurance and original
`endorsements for approval as to sufficiency and form prior to the start
`of performance hereunder. The certificates and endorsements for each
`insurance policy shall contain the original signature of a person authorized
`by that insurer to bind coverage on its behalf. Such insurance as required
`herein shall not be deemed to limit Permittee’s liability relating to
`performance under this Permit. City reserves the right to require complete
`certified copies of all said policies at any time. Any modification or waiver of
`the insurance requirements herein shall be made only with the approval of
`City Risk Manager. The procuring of insurance shall not be construed as a
`limitation on liability or as full performance of the indemnification provisions
`of this Permit.
`
`City of Long Beach 7
`
`
`
`Program Requirements
`
`The vendor(s) will be required to adhere to all State of California and City
`of Long Beach laws and ordinances. The following will be required of each
`vendor who applies to and operates e-scooter share in the City of Long
`Beach:
`
`1. E-scooters must have a maximum speed of 15 MPH;
`2. Vendor must verify and keep a record of users’ age and possession of
`driver license per the CVC;
`3. Vendor must require users to sign a waiver to use the scooters.
`Waiver must include required sections from the City of Long Beach
`(Attachment 3);
`4. Must provide users a free helmet upon request within 24 hours of
`request;
`5. Must actively monitor fleet and rebalance entire fleet nightly and re-
`deploy to approved drop zones to avoid oversaturation in one area of
`the City;
`6. Maintain a fleet of no more or less than 150 scooters per operator
`during the pilot period of 120 days unless the City provides the vendor
`with written approval of expansion of the vendor’s fleet to a maximum
`of 300. The total number of scooters per vendor (operational, non-
`operational, or impounded) is not to exceed the maximum approved
`quantity of 150 (or 300 with expansion) for the duration of the 120-day
`pilot program;
`7. All scooters must have a publicly visible identification number for the
`numbers 1 – 150, and with program expansion, 151 - 300;
`8. Any scooter impounded by the City must be disabled by the operator
`within the platform and not re-enabled until inspected for operability
`and approved by the City;
`9. All scooters deployed via the pilot program must comply with State of
`California requirements per the California Vehicle Code;
`10. Alert the public (users and citizens) of City’s telephone number to
`report non-compliant scooters;
`11. Provide contact information for the operations manager or individual
`
`8 Shared eScooter Pilot Program
`
`
`
`responsible for the program and a call in number accessible 24/7 to
`the City;
`12. Provide customer service support to the public via phone, website, or
`mobile app that is operated between the hours of 7 AM and 9 PM PDT;
`13. Must respond to complaints of scooters blocking the public right-of-
`way by relocating the scooter to any approved drop zone within two
`hours of receiving the complaint;
`14. Must identify and physically designate City of Long Beach approved
`drop zones for deployment of and rebalancing of the e-scooter
`fleet. The City will require an approved floor graphic (Attachment 6)
`design for drop zones to be produced and installed by the vendor
`upon approval by the City. An electronic file will be made available to
`approved operators. The City will approve no vehicle parking removal
`for the installation of drop zones. Vendors are encouraged to work
`with private property owners to identify and designate locations for
`scooter deployment out of the public right-of-way. Marking materials,
`for use in the public right-of-way, must be approved by the City in
`advance of installation of parking area markings by vendor.
`15. Provide a monthly operator’s report to the City on the 10th of each
`month of the pilot program to include the following:
`• Number of users enrolled in the program;
`• Number of trips per scooter per day;
`• The most popular drop zones per month based on trips;
`• Percentage of scooters placed in drop zones at the end of use;
`• A breakdown of user demographics including, but not limited to, age, gender, zip
`code;
`• Number of scooters serviced;
`• Number of scooters lost, stolen, replaced or impounded;
`• Verification of California Driver’s License by users;
`• All trip data including origins and destinations;
`• Total amount of revenue collected per month including, but not limited to, any
`rental fees, membership fees, out of area fees, charges per minute, charges per
`ride, and drop zone incentives provided;
`• Report and describe methodologies for the rebalancing, recharging, and
`maintenance;
`• Report and describe the disposition of any injuries to participants;
`• Number of reported contacts with LBPD; and
`• A heat map of all rides for the month.
`
`City of Long Beach 9
`
`
`
`Operating Areas
`
`In order to provide all operators with the opportunity to deploy equipment
`in differing areas of the City and to provide the City with information about
`the operators’ ability to serve the needs of all users in Long Beach, the
`City will divide the total service area into thirds or quadrants to allow for
`1 – 2 operators to operate in a given area of the City (Attachment 4). Each
`operator will be required to geo-fence their designated operating area for
`the purpose of nightly charging and re-deployment.
`
`Operators committed to participating in the pilot program, who have
`attended the mandatory vendor meeting, must contact the City by email no
`later than 12 noon, July 3rd to commit an intent to participate in the pilot
`program. An initial operating area will then be assigned no later than 5 PM
`on July 3rd to all vendors who have committed to participate.
`
`Vendors will rotate operating areas each month on the same day to give
`all operators the opportunity to test their equipment in differing areas
`of the City. The City will determine which operators meet all of the City’s
`requirements to comply with the pilot program and will determine the initial
`assignment of operating area to each participating vendor. Please see
`Attachment 5 for maps of proposed operating areas. The City reserves the
`right to change the geographic boundaries of the operating areas at any time
`during the pilot program.
`
`In addition, operators will be required to use City approved floor graphic
`decals to mark drop zones for scooters located in the public right-of-way
`that also must be geo-fenced on the vendors’ app. These areas are to be
`proposed by the operator and must be pre-approved by the City via the site
`plans included with the Public Works permit. Vendors are also required to
`create an incentive program to encourage users to place e-scooters at drop
`zones at the end of their ride.
`
`10 Shared eScooter Pilot Program
`
`
`
`Users
`
`All users of the program must be notified of and required to comply with the
`following and must be required to sign a City of Long Beach approved liability
`waiver agreeing to the following terms and conditions of use:
`
`1. Must be at least 18 years of age;
`2. Must be in possession of a valid driver license;
`3. Must agree to the liability waiver covering the City of Long Beach
`contained in the vendor’s end-user agreement;
`4. Must agree to comply with the California Vehicle Code and Long
`Beach Municipal Code (Attachment 4), which shall be provided by
`vendor to all users, prior to use of scooters. Notification of laws should
`emphasize the following: no riding on sidewalks, no riding on the
`Beach Bike Path, and use of a helmet at all times; and
`5. May only park scooters outside of the sidewalk path-of-travel allowing
`a minimum of four feet of clearance in compliance with the American’s
`with Disabilities Act.
`
`City of Long Beach 11
`
`
`
`Further Information
`
`The City reserves the right to revoke a vendor’s participation in the pilot
`program at any time for lack of compliance with requirements of the
`program. The City also reserves the right to discontinue the program at any
`time within the 120-day pilot program.
`
`In the event that participation is revoked or the program is discontinued,
`the City will notify vendors within 24 hours in writing and require vendors
`to pick up all equipment within 24 hours of notification. If equipment is
`not removed within 24 hours of notification, the City reserves the right to
`impound all equipment left in the public right-of-way.
`
`For further information, please direct questions or concerns via email to:
`
`Tony Cruz, Community Programs Specialist
`tony.cruz@longbeach.gov
`
`12 Shared eScooter Pilot Program
`
`
`
`Attachment 1
`
`City of Long Beach
`
`
`Department of Public Works
`
`
`
`City of Long Beach
`333 West Ocean Blvd., 10th Floor, Long Beach, CA 90802
`Phone: (562) 570-6383
`Public Works Application
`PERMIT
`NUMBER:
`
`EXPIRATION DATE
`
`EMAIL ADDRESS
`
`STATE
`
`PHONE NUMBER
`
`
`ZIP CODE
`
`
`NOTE: The names listed on the STATE LICENSE, CITY LICENSE and INSURANCE POLICY must be identical. If
`they are not, they must be corrected before a permit may be issued.
`
`
`
`
`
` ☐
`
`
`(I/We) the undersigned declare, under penalty of perjury under the laws of the State of California, that (I am/we are) the owner(s)
`or authorized representative(s) of the entity in this application; that the information on all plans, drawings, and sketches attached
`hereto and all the statements and answers contained herein are, in all respects, true and correct.
`
`
`DATE
`SIGNATURE
`
`
`Send the complete application via e-mail to Dyanne.Valdez@psomas.com to verify the fees required. Once the fees are
`provided, make the check payable to the City of Long Beach. Pay the fee at the public counter and provide a copy of this
`application and the receipt of payment to Dyanne Valdez on the 10th floor of City Hall.
`
`
`
`Rev. 6/21/18
`
`Page 1
`
`City of Long Beach 13
`
`DATE:
`
`ZIP CODE
`
`
`
`☐ CONTRACTOR
`
`ZIP CODE
`
`EXPIRATION DATE
`
`
`STATE
`
`
`
`EMAIL ADDRESS
`
`
` LESSEE/TENANT
`FIRM PHONE NUMBER
`
`
`STATE
`
`
`CLASS
`
`EXPIRATION DATE
`
`
`
`
`☐ DESIGNER
`
` AGENT FOR
`
`CITY
`
`
`General Information
`PROJECT ADDRESS (state multiple if
`CITY
`app