HomeMy WebLinkAboutLyft Divvy Purchase and 2026 Agreement Amendment Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Sarah FioRito, Transportation & Mobility Coordinator
CC: Cara Pratt, Chief Sustainability & Resilience Officer
Subject: Approval of Amendment 1 to the Amended and Restated Agreement
for the Evanston Bike Share Program with Lyft Bikes and Scooters
LLC
Date: January 26, 2026
Recommended Action:
Staff recommends the City Council authorize the City Manager to execute Amendment 1 to
the Amended and Restated Agreement for the Evanston Bike Share Program with Lyft Bikes
and Scooters LLC.
Funding Source:
N/A
CARP:
Transportation & Mobility
Council Action:
For Action
Summary:
Please note that the summary for the purchase order: Approval of a Single Source Contract
with additional contains System Divvy for Expansion, Scooters, and Bikes Lyft LLC
supplementary information.
The original Evanston Divvy Bike Share Program was launched in late June 2016 by Motivate
International Inc. (Motivate). Motivate was acquired by Lyft Bikes and Scooters LLC (Lyft) in
2018, and the City entered into an amended and restated agreement with Motivate/Lyft on
December 3rd, 2019. That agreement was subsequently extended on January 23rd, 2023, for
an additional 5 years until January 23rd, 2028. On November 24th, 2024, the City Council
adopted an Resolution 84-R-24, Authorizing the Mayor to Execute Intergovernmental
Agreement with Cook County regarding the Connecting Cook County Program, which
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
initiated a grant-funded effort to expand the Divvy station network and deploy a pilot fleet of
electric scooters.
The addition of approximately 17 Divvy docking stations within the City
The commitment to provide quarterly reports on Divvy user revenues to the City
The removal of an outdated section pertaining to Northwestern University, replacing it
with a commitment that the City, Lyft, and Northwestern University will meet annually
to discuss a mutually agreeable plan for bicycle distribution and station installation on
or near Northwestern University’s campus
A new section on device minimums requiring Lyft maintain at least 100 Classic Pedal
Bikes and 90 Electric Bikes within the City
A new attachment setting forth marketing and outreach services, including Lyft's
commitment to table at two non-ticketed public events at no cost
A new attachment establishing equipment pricing
A new attachment establishing Service Level Agreements for:
o cleaning and inspecting at least 95% of Divvy docking stations every 60 days
o inspecting at least 95% of the Divvy vehicle fleet every 60 days
o refurbishing at least 95% of the Divvy vehicle fleet within the last 365 days
o removing at least 90% of Divvy vehicles that are deficient, damaged, unclean,
or unable to be safely rented by a customer for any other reason from the public
right of way within 48 hours
o connecting to the City's 311 portal, acknowledging 311 requests within 48 hours
of receipt, and remedying such requests within 7 days
Page 2 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 3 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 4 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 5 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 6 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 7 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 8 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 9 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 10 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 11 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 12 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 13 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 14 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 15 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
head of LBS
Dec 3, 2019
Dor Levi
Page 16 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 17 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 18 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 19 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 20 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 21 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 22 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 23 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 24 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Page 25 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
January 23, 2023
VIA EMAIL
City of Evanston
2100 Ridge Avenue
Evanston, IL 6020 l
Attn: City Manager
Re: Extension of the Amended and Restated Agreement for Evanston Bike Share Program
effective December 3, 2019 (the “Agreement”)
To Whom It May Concern:
The City of Chicago verbally advised Lyft Bikes and Scooters, LLC (“Lyft”) that the Chicago
Program Operator Agreement between Lyft and the City of Chicago was extended for an
additional five (5) years until January 23, 2028. The City of Chicago also indicated that it plans
to send Lyft a formal letter codifying the extension (the “Letter”).
Pursuant to Section 2.2 of the Agreement between Lyft (successor in interest to Motivate
International Inc.) and the City of Evanston, and subject to Lyft’s receipt of the Letter from the
City of Chicago, Lyft extends the term of the Agreement for a period of five (5) years ending
coterminous with the term of the Chicago Program Operator Agreement. All terms and
conditions of the Agreement will remain in full force and effect, except as modified by this letter.
We thank you for your ongoing partnership. If you have any questions regarding this letter,
please do not hesitate to contact me.
Sincerely,
_______________________________
David Foster, President & CEO
DocuSign Envelope ID: FC773532-E2FE-46DB-8EF9-3969D5774F13
Page 26 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Exhibit A
First Amendment to the
Amended and Restated Agreement
for Evanston Bike Share Program
This First Amendment (“Amendment”) to the Amended and Restated Agreement for Evanston Bike Share Program dated
December 3, 2019 (“Agreement”), by and between Lyft Bikes and Scooters, LLC (successor in interest to Motivate
International Inc.) having offices at 185 Berry Street, Suite 400, San Francisco, CA 94107 (“Lyft”) and the City of
Evanston, a municipal corporation and home rule unit of local government existing under the Constitution of the State of
Illinois, acting through its City Manager ’s Office at Evanston, Illinois (“City”) is entered into as of
_____________________ by and between Lyft and the City (the “Amendment Effective Date”). This Amendment may
refer to Lyft and City individually as a “Party” or collectively as the “Parties.”
RECITALS
WHERAS, Lyft and City desire to amend the Agreement in certain respects; all, as provided below in this Amendment;
and
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties do hereby agree as
follows:
1. Section 4.4 (Ownership). The parties hereby delete section 4.4 (Ownership) in its entirety, and replace it with the
following:
4.4 Ownership. City will retain ownership of City-purchased equipment including stations and 100 classic
bicycles. Lyft will retain ownership of any rideables purchased by Lyft and deployed in the Program.
2. Section 4.5 (Additional Stations). The Parties hereby add the new Section 4.5 (Additional Stations) to the
Agreement:
4.5 Additional Stations. Lyft will deploy approximately 17 City-purchased Stations within the City. The City shall
select the type of Stations to purchase from Lyft from the Station options set forth in Attachment E. Lyft shall
work with the City to ensure the City-purchased Stations are located in an efficient and equitable manner in the
City. City acknowledges and agrees that because the Program is interoperable with the Chicago Program,
subscribers may operate such City-purchased Stations within the boundaries of the City and in conjunction with
the Program equipment, including the Existing Equipment.
3. Section 4.6 (Invoicing Payment Terms). The Parties hereby add the new Section 4.6 (Invoicing Payment Terms) to
the Agreement:
4.6 Invoicing Payment Terms. Invoices for payment shall be submitted by Lyft to the City, together with
reasonable supporting documentation. Payment shall be made in accordance with the Illinois Local Government
Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. Lyft will send
invoices to the City electronically via e-mail as a PDF on a monthly basis. Unless otherwise agreed by the parties
in writing, all fees will be paid in United States dollars (USD).
4. Section 5.5 (Quarterly Revenue Reporting). The Parties hereby add the new Section 5.5 (Quarterly Revenue
Reporting) to the Agreement:
5.5 Quarterly Revenue Reporting. Lyft shall provide quarterly reports on user revenues to the City, subject to
Lyft’s company-wide disclosure standards for single segment companies. The parties may mutually agree on an
alternate reporting basis.
1
Page 27 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
5. Section 13.13 (Northwestern University). The Parties hereby delete Section 13.13 (Northwestern University) in its
entirety, and replace it with the following:
13.13 (Northwestern University). The City and Lyft agree to meet with Northwestern University annually to discuss a
mutually agreeable plan for bicycle distribution and station installation on or near Northwestern University’s campus.
6. Section 5.12 (Device Minimums) to ATTACHMENT A. The Parties hereby add the new Section 5.12 (Device
Minimums) to ATTACHMENT A (Description of Services) to the Agreement:
5.12 Device Minimums. Lyft will use reasonable commercial efforts to redistribute devices to maintain ninety
(90) Electric Bikes and one hundred (100) Classic Pedal Bikes within the City, measured by daily maximum
count.
7. Attachment D. The Parties hereby add the new Attachment D setting forth certain marketing and outreach services
which is attached hereto and incorporated by reference.
8. Attachment E. The Parties hereby add the new Attachment E setting forth equipment pricing which is attached hereto
and incorporated by reference.
9. Attachment F. The Parties hereby add the new Attachment F setting forth Service Level Agreements which is
attached hereto and incorporated by reference.
10. Miscellaneous.
a. The Agreement Remains in Effect. All terms and conditions of the Agreement will remain in full force and effect,
except as modified by this Amendment. In the event of any conflict between this Amendment and the Agreement
or any other document, this Amendment shall control with respect to the subject matter hereof.
b. Counterparts. This Amendment may be executed in counterparts, each of which so executed shall be deemed to be
an original and such counterparts together shall constitute one and the same agreement. The exchange of a fully
executed Amendment (in counterparts or otherwise) by electronic transmission in .PDF format shall be sufficient
to bind the Parties to the terms and conditions of this Amendment.
(Signature Page Follows)
2
Page 28 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly executed by their authorized
representatives as of the Amendment Effective Date.
Lyft Bikes and Scooters, LLC City of Evanston
By: By:
Name: Name:
Title: Title:
Date: Date:
3
Page 29 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Attachment D
2026 Marketing and Outreach Services
Subject to the City’s request, Lyft will provide Marketing and Outreach Services in calendar year 2026 including
managing end-to-end planning and execution. Such services may include:
● Coordinating with the City to identify priority areas or events.
● Sourcing and partnering with local organizations and advocacy groups to boost awareness and engagement.
● Handling logistics such as equipment setup, providing branded materials, generating ride credits, and coordinating
giveaways.
● Staffing events with trained ambassadors who can educate, engage, and assist residents on-site.
● Bike/scooter demos and community rides.
Detailed 2026 Event Information and Pricing:
Staffing & Events in 2026
Item Description
List
Price
Number of Events
in 2026 Notes
Tabling
Event
The Outreach Team sets up an
informational station at
various community locations,
which may include public
libraries, health fairs, and
community festivals. These
tabling events are ideal for
attracting a diverse range of
residents and provide an
opportunity to share details
about the Divvy/D4E system.
Our setup features a branded
tent and tablecloth, creating a
recognizable and welcoming
presence. We distribute swag
items and ride passes to
engage attendees and
encourage them to learn more
about the system. At targeted
events, the team is also
available to assist with
signing up for D4E, ensuring
that all interested individuals
can easily access the service.
$1600
per
event
Maximum of 12
events in 2026 in
partnership with the
Divvy outreach
team.
Each tabling event has a
maximum of five hours and
will include 2 to 4
ambassadors. Lyft will
provide all necessary
marketing materials, which
may include postcards,
flyers, and branded items
such as tents, tablecloths,
and other materials to ensure
a professional and
recognizable setup. This
includes planning and
outreach time, outreach to
potential community
partners, and the sourcing of
events and activities.
Community
Bike Ride
Event
This event is a collaborative
effort with the city or a
community partner to
organize a Community Bike
Ride. A fleet of bikes will be
made available, and our
Divvy staff will be on hand to
manage the logistics
throughout the day.
$2000
Per
event
Maximum of 2
Community Bike
Rides (in total) in
2026 to build a
sense of community
around the bike
sharing program.
This includes bike delivery
and setup, outreach support
on our social channels, and
an ambassador to assist with
waiver forms. An on-site
valet will remain at the
event for its duration, which
is capped at four hours, to
ensure all bikes are securely
locked and docked properly.
4
Page 30 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Divvy Ebike
or Scooter
101 Demo
The Divvy team will conduct
interactive and educational
pop-up workshops to share
scooter or ebike safety best
practices with residents.
These aim to eliminate the
barrier of trying scooters or
ebikes for the first time by
allowing residents to try them
for free with assistance from
Divvy experts.
$1700
Per
event
Maximum of up to
4 scooter or ebike
demo events in 2026
to allow residents to
try scooters or
ebikes free of
charge.
Scooter or ebike demo
events are a maximum
length of three hours. For
these events, we require the
following: A bike valet,
minimum of two Divvy
ambassadors, tent, waiver
forms, promotional
giveaways (e.g. flyers, swag,
etc.).
Note: Per event List Prices include the cost of outreach services and essential supplies and giveaways (e.g. tables, posters,
flyers, etc.). The cost of ride passes or any special ride offers are not included in the List Prices, but the City may purchase
such items separately.
Lyft will also attend and set up a table at two (2) non-ticketed public events that the City of Evanston hosts as described
on the City’s Festivals, Events & Concerts website
(https://www.cityofevanston.org/government/departments/parks-recreation-community-services/festivals) for a minimum
of four hours each. The City shall be responsible for waiving Lyft’s tabling and participation fees at such City Festivals,
Events, and Concerts and Lyft will be responsible for paying for staffing, merchandise, and materials for such events.
5
Page 31 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Attachment E
Equipment Pricing
Notes:
● All purchases of equipment pursuant to this Attachment E are subject to Lyft’s applicable PO terms and conditions
(attached to this Amendment as Exhibit B). Solely with respect to the City’s first purchase of equipment pursuant to
this Amendment on the Amendment Effective Date, the second, third, fourth and fifth sentences of Section 1, the first
and second sentences of Section 2, and all of Section 5 shall not apply (see below for applicable text).
○ Second sentence of Section 1: “Shipping fees, custom fees, import duties and tariffs are not included and are
strictly the responsibility of Buyer.”
○ Third sentence of Section 1: “Unless explicitly set forth on the PO, prices for Products quoted by Lyft do not
include: (i) operation costs; (ii) telecommunication fees (SIM cards); (iii) transaction fees; (iv) one-time set-up
fees; (v) spare parts; (vi) training services; and (viii) custom development.”
○ Fourth sentence of Section 1: “Title and risk of loss or damage in respect of the Products listed in the PO shall
pass to Buyer at point of shipment, provided Buyer has a right to approve the carrier used to ship the Products
(such approval not to be unreasonably withheld, conditioned or delayed).”
6
Page 32 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
○ Fifth sentence of Section 1: “Delivery of Products listed in the PO: (i) shall be FOB - Place of Shipment; and (ii)
shall be shipped immediately when ready and accepted by Buyer once the Products have been loaded to the
approved carrier and tracking information passed to Buyer.”
○ First sentence of Section 2: “Under any PO, Lyft shall charge to Buyer, and Buyer shall pay, all duty, value added,
sales, use, excise or similar tax imposed by all relevant jurisdictions in connection with the delivery by Lyft of the
Products.”
○ Second sentence of Section 2: “In addition, all amounts due to Lyft hereunder shall be remitted net of, and Buyer
shall be solely responsible for any tax withholding.”
○ Section 5: “Packing slips confirming the nature and quantity of Product components delivered by Lyft shall be
signed by Buyer upon Buyer ’s receipt of the Product components. A duly signed copy of the packing slips must
be remitted to Lyft.”
● Lyft’s hardware prices consist of two components:
○ “Equipment Price”: the price of the hardware itself; and
○ “Logistics Fee”: which encompasses shipping, tariffs, and duties to get the equipment to market. The US trade
environment is highly uncertain, and the Logistics Fee listed above is based on the best information Lyft has on
future tariff rates. Lyft will re-quote the Logistics Fee for each Purchase Order based on tariff and shipping rates at
that time.
7
Page 33 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Attachment F
Service Level Agreements
The following Service Level Agreements apply solely to Bicycles and Stations within the geographical boundaries of the
City of Evanston.
Definitions:
Bicycle: For avoidance of doubt, the term Bicycle shall be used to refer to both Pedal Bikes and Electric Bikes as defined
below.
Pedal (Classic) Bike: Pedal Bike, per MCC 9-4-010, means a two-wheeled riding conveyance propelled solely by human
power equipped with fully operable pedals, or their mechanical equivalent, which transfer the operator ’s effort to the
rotation of the wheels, creating the movement of the conveyance. Pedal Bikes must report necessary information for
assessment of SLAs through monthly reports and will be audited with Lyft-reported GBFS data (provided approved
monthly reports data shall be the source of truth). For avoidance of doubt, this definition shall apply to all future
non-Electric Bike device type and SLAs.
Electric Bike: Electric Bikes consist of all Bicycles that meet the definition of Low-Speed Electric Bicycles as defined in
MCC 9-4-010. Electric Bikes must report necessary information for assessment of SLAs through monthly reports and will
be audited with Lyft-reported MDS data (provided approved monthly reports data shall be the source of truth). For
avoidance of doubt, this definition shall apply to all future Electric Bike device type and SLAs.
Total Fleet: The Total Fleet consists of the total number of bicycles which are physically in Lyft’s possession, in addition
to any bicycles missing or missing during rental (MDR) for less than 30 days. This includes all bicycles in the Total
Received in Market less any lost or decommissioned bicycles.
Total Active Fleet: The Total Active Fleet consists of the total number of bicycles physically in Lyft’s possession and
available to be deployed, in addition to any bicycles missing or missing during rental (MDR) for less than 30 days.
SLAs:
SLA 1: % of Stations Inspected & Cleaned
Each month, Lyft shall provide a matrix reporting the most recent date that each Station has been cleaned and inspected
for each day of the month. The percentage Stations that have been cleaned and inspected within the last sixty (60) days
shall be calculated for each day of the month and averaged over the month. Meets Expectations is achieving at least 95%.
● Daily Percentage Calculation: Number of Stations Inspected & Cleaned in Last 60 /Total Number of Stations
● SLA Calculation: Average of each daily percentage across the month
● Station Inspection and Cleaning shall include, but is not limited to, the following tasks:
o Use best efforts to clean all visible dirt, ink, paint, litter, or any other substance on or around the Station or
on Bicycles;
o Check Kiosk functionality (if applicable) including transactions and communications;
o Check all applicable communications systems including, but not limited to, the Kiosk-dock and the
Kiosk-Central Computer System;
o Check each of the Docks’ applicable functionalities including but not limited to locking mechanism,
cassette and keypad and bike charging functionality if present;
o Wipe down Station and all interfaces (screens, keypads, map and ad panels etc.) with cleaner;
o Check applicable physical Station connections;
o Confirm that any materials in the ad or information panel are properly mounted and secured and correct if
necessary.
o Lyft agrees to connect to the City’s 311 portal, and Lyft agrees to acknowledge 311 requests within
forty-eight (48) hours of receipt and remedy such requests within seven (7) days.
8
Page 34 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
SLA 2: % of Total Active Fleet Inspected
Percentage of Total Active Fleet that have been inspected within the last sixty (60) days measured each day of the month
and averaged over the month. Meets Expectations is achieving at least 95%.
Calculation: Count of Total Active Fleet Inspected (Last 60 Days)/Total Active Fleet
● During Bicycle inspection, Lyft shall, at a minimum, conduct the following checks, and repair or replace all
necessary elements:
o Check tire pressure, and add air as may be needed, to recommended Pounds per Square inch
measurement;
o Check tightness of handlebars, headset bearings, and full handlebar range of motion (left to right);
o Check tightness of seat, seat post quick-release, and see that seat post moves freely in full range of motion
(up and down);
o Check condition of seat, including for tears, rips or other damage;
o Check brake function (front and rear);
o Check grips for wear and brake levers for tightness and damage;
o Check bell for tightness and correct function;
o Check handlebar covers for damage and instruction stickers;
o Check front basket for tightness and damage, and check bungee cord for wear;
o Check for correct gears and shifter function;
o Check function of lock-to cable and locking mechanism;
o Check pedal-assist function and other Electrical components;
o Check fenders (front and rear) for damage, and clean outside of fenders;
o Check tires (front and rear) for damage or wear;
o Check wheels (front and rear) for trueness, broken or bent spokes and hub or axle tightness;
o Check all lights (front and rear) for function;
o Check reflectors on wheels, seat and basket, to ensure they are present, clean and undamaged;
o Check pedals and cranks for tightness;
o Lubricate and clean chain and check chain tensioner for correct function;
o Check kickstand for correct function;
o Brief test ride to ensure overall correct function of Bicycle including pedal assist function if present;
o Check function of onboard computer, GPS communication equipment, battery, motor, and other
components;
o Clean Bicycle and sanitize common points of contact; and
SLA 3: % of Total Fleet Refurbished
Refurbishment will include retouching with paint, replacing worn parts, and supplying new decals on an as-needed basis.
Routine cleanings will be made to ensure the fleet is both functioning optimally and attractive. Meets Expectations is
achieving at least 95% of Total Fleet refurbished within the last 365 days.
● Calculation: Count of Total Fleet Refurbished (Last 365 Days)/Total Fleet
SLA 4: Unusable Devices in the Public Right of Way
All devices, including but not limited to Pedal Bikes or Electric Bikes , that are deficient, damaged, unclean, or unable to
be safely rented by a customer for any other reason, cannot remain within the public right-of-way for more than 48 SLA 4
Compliance Hours following notification of issue. SLA 4 Compliance Hours for remedy of Unusable Device are defined
in the SLA 4 Compliance Hours table below. For the avoidance of doubt, “notification” includes, but is not limited to, a
message from City staff (or their agents), a City 311 customer service request, a message from a member of the public,
automatic records generated by MDS or GBFS feeds, manual records generated by operations staff and/or automatic
records generated by internal software, including “wrenching” of a device or notification through the Divvy or Lyft apps.
A device with insufficient battery for rental cannot remain in the Public Right-of-Way for more than 48 consecutive SLA
4 Compliance Hours. An Unusable Device must either be physically removed from the public right-of-way, sufficiently
repaired, and/or restored to sufficient battery capacity for rental to constitute a resolution of the issue and subsequent
9
Page 35 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
reclassification as a Useable Device. Operator must seek to remedy all Unusable Devices promptly. Meets expectations is
addressing at least 90% of Unusable Devices in each Coverage Zone within forty-eight (48) SLA 4 Compliance Hours as
defined in the SLA 4 Compliance Hours table below.
SLA 4 Compliance Hours:
SLA Threshold Applied April 1 - October 31
Contractual Operational Hours: 6 AM - 12 AM
Evanston (6 AM – 8 PM)
48 SLA 4 Compliance Hours = no more than 88
hours based on start time
SLA Threshold Applied November 1 – March 30
Contractual Operational Hours: 6 AM - 12 AM
Evanston (6 AM – 6 PM)
48 SLA 4 Compliance Hours = no more than 96
hours from start time
10
Page 36 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Exhibit B: Purchase Order Terms and Conditions
Lyft Bikes and Scooters, LLC or one of its affiliates (“Lyft”) will fulfill the purchase order attached hereto (“PO”) placed by the buyer named
on that PO (“Buyer”) and accepted by Lyft, in accordance with the following terms and conditions. The PO and these terms and
conditions constitute the entire agreement between Lyft and Buyer with respect to the purchase and sale of the deliverables under the
PO (“Products”) and supersedes all previous negotiations or agreements between the parties.
1. Prices for the Products are in US dollars. Shipping fees, custom fees, import duties and tariffs are not included and are strictly
the responsibility of Buyer. Unless explicitly set forth on the PO, prices for Products quoted by Lyft do not include: (i) operation costs; (ii)
telecommunication fees (SIM cards); (iii) transaction fees; (iv) one-time set-up fees; (v) spare parts; (vi) training services; and (viii) custom
development. Title and risk of loss or damage in respect of the Products listed in the PO shall pass to Buyer at point of shipment,
provided Buyer has a right to approve the carrier used to ship the Products (such approval not to be unreasonably withheld, conditioned
or delayed). Delivery of Products listed in the PO: (i) shall be FOB - Place of Shipment; and (ii) shall be shipped immediately when ready
and accepted by Buyer once the Products have been loaded to the approved carrier and tracking information passed to Buyer. Once
executed by Buyer, a PO is firm and cannot be canceled or modified.
2. Under any PO, Lyft shall charge to Buyer, and Buyer shall pay, all duty, value added, sales, use, excise or similar tax imposed by
all relevant jurisdictions in connection with the delivery by Lyft of the Products. In addition, all amounts due to Lyft hereunder shall be
remitted net of, and Buyer shall be solely responsible for any tax withholding. If Buyer is required by law to make any income tax
deduction or to withhold tax from any sum payable directly to Lyft hereunder, Buyer shall promptly effect payment thereof, but shall not
deduct same from amounts due to Lyft. Notwithstanding the foregoing, Buyer shall not be responsible for taxes based on Lyft’s real
property, personal property, income, personnel, or similar taxes not directly based on Buyer's use or consumption of the Products.
3. In order for Lyft to accept the PO, the PO must be accompanied by a payment from Buyer of a fifty percent (50%) advance
deposit calculated on Lyft’s sales price of the Products listed in the PO. The remaining balance for the Products listed in the PO will be
invoiced upon installation of the Products at a mutually agreed location, and shall be paid by Buyer to Lyft within 30 days of such invoice.
4. Lyft shall not be liable for any delay in delivery due to causes beyond Lyft’s reasonable control including, without limitation,
delays in receipt of or unavailability of materials, default of suppliers, strikes, accidents, riots, acts of God, acts or omissions of Buyer,
governmental action, or embargoes and which it could not have prevented through the exercise of reasonable care and precautions. In
the event of any such delay, the date of delivery shall be extended for such time as may be reasonably necessary to enable Lyft to deliver
the components to Buyer. Delivery dates are estimates only and are based upon prompt receipt by Lyft of all information required for the
purchase of the hardware components from its suppliers.
5. Packing slips confirming the nature and quantity of Product components delivered by Lyft shall be signed by Buyer upon Buyer’s
receipt of the Product components. A duly signed copy of the packing slips must be remitted to Lyft.
6. Prices for the Products may change for each new PO. All outstanding amounts that are not paid to Lyft when due shall bear
interest at the rate of the lesser of one and a half percent (1.5%) per month (eighteen percent (18%) per annum) and the maximum amount
allowed by law. Lyft retains the right to withhold shipments or suspend delivery or performance for non-payment of fees. Buyer shall not
have the right to offset compensation of any amounts due for the Products against other amounts that would be allegedly due to Buyer.
7. LYFT EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY COMPONENTS USED IN CONJUNCTION WITH THE PRODUCTS THAT
HAVE NOT BEEN DELIVERED BY LYFT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE PO OR THESE ADDITIONAL TERMS
AND CONDITIONS, LYFT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL OR SIMILAR
DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST PRODUCTION, LOST DATA, OR COSTS OF DATA RECOVERY, WHETHER
ARISING UNDER BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, INDEMNITY OR ANY
OTHER THEORY OF LIABILITY, IRRESPECTIVE OF WHETHER LYFT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF
SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN ANY EVENT, LYFT’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES
ANO CAUSES OF ACTION ARISING OUT OF THE PO AND THESE ADDITIONAL TERMS AND CONDITIONS SHALL BE LIMITED TO THE
PRICE PAID BY BUYER FOR THE PRODUCTS.
8. Lyft warrants that: (i) it will convey good title to the Products listed in the PO; (ii) the Products listed in the PO will be delivered
free from any lawful security interest, lien or encumbrance of any other person; and (iii) the Products listed in the PO, as originally
delivered by Lyft, will be free from defects in materials and workmanship when used normally in accordance with Lyft’s user
documentation and guidelines for a period of one (1) year from the date of delivery to Buyer (the “Limited Warranty”). Lyft's entire liability
and Buyer’s sole remedy under the Limited Warranty shall be for Lyft to use commercially reasonable efforts to repair the defective
Products and return same to Buyer. THE LIMITED WARRANTY DOES NOT APPLY: (A) TO CONSUMABLE PARTS, SUCH AS BATTERIES OR
PROTECTIVE COATINGS THAT ARE DESIGNED TO DIMINISH OVER TIME, UNLESS FAILURE HAS OCCURRED DUE TO A DEFECT IN
MATERIALS OR WORKMANSHIP; (B) TO COSMETIC DAMAGE, INCLUDING SCRATCHES, DENTS AND BROKEN PLASTIC, UNLESS
PRESENT AT THE MOMENT OF DELIVERY; (C) TO DAMAGE CAUSED BY USE WITH ANOTHER PRODUCT NOT APPROVED BY LYFT; (D)
TO DAMAGE CAUSED BY ACCIDENT, ABUSE, MISUSE, LIQUID CONTACT, FIRE, EARTHQUAKE OR OTHER EXTERNAL CAUSE; (E) TO
DAMAGE CAUSED BY OPERATING THE PRODUCTS NOT IN CONFORMITY WITH LYFT’S USER DOCUMENTATION, AS PROVIDED TO
BUYER FROM TIME TO TIME; (F) TO DAMAGE CAUSED BY SERVICES (INCLUDING UPGRADES) PERFORMED BY ANYONE WHO IS NOT
A REPRESENTATIVE OF LYFT; (G) TO PRODUCTS THAT HAVE BEEN MODIFIED TO ALTER FUNCTIONALITY OR CAPABILITY WITHOUT
THE WRITTEN PERMISSION OF LYFT; OR (H) TO DEFECTS CAUSED BY NORMAL WEAR AND TEAR OR THE NORMAL AGING OF THE
PRODUCT COMPONENTS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LYFT MAKES NO OTHER WRITTEN, ORAL,
11
Page 37 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
EXPRESS, OR IMPLIED WARRANTIES AS TO THE PRODUCTS, AND LYFT SPECIFICALLY DISCLAIMS ALL SUCH OTHER WARRANTIES
INCLUDING THE WARRANTIES OF MERCHANTABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE.
9. Buyer acknowledges that Lyft is the sole owner of all intellectual property rights in and to Products to be delivered and services
to be performed by Lyft hereunder. No intellectual property rights are conferred to Buyer by virtue of the PO and these Terms and
Conditions. Except as expressly permitted by this Agreement, Buyer shall not directly or indirectly (including through any affiliate or any
third party) resell, reverse engineer or make modifications, alterations, derivatives of, enhancements or other additions to the Products or
use the Products or allow someone to use the Products other than for the Program. Buyer acknowledges that it shall not manufacture,
have manufactured, or otherwise reproduce any equipment, spare parts, or components proprietary to Lyft without Lyft’s prior written
consent.
12
Page 38 of 38 Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
CITY OF EVANSTON
The parties referenced herein desire to enter into an amendment to the Amended and
Restated Agreement for Evanston Bike Share Program dated December 3, 2019 (the “Agreement”)
for procurement for 2026 Divvy System Expansion.
THIS AMENDMENT to the Agreement (hereinafter referred to as the “Amendment”) is entered into
this ___ day of ________________, 20___, between the City of Evanston, an Illinois municipal
corporation with offices located at 909 Davis Street, Evanston Illinois 60201 (hereinafter referred to as
the “City”), and Lyft Bikes and Scooters, LLC with offices located 185 Berry Street, Suite 400, San
Francisco, CA 94107 (hereinafter referred to as “Lyft”). Compensation for all basic Services (“the
Services”) provided by the Lyft pursuant to the terms of this Amendment shall not exceed
$310,826.00.
I. COMMENCEMENT DATE: ___January 27, 2026___
II. COMPLETION DATE: ___January 23, 2028___
III. FEES:
As defined by Equipment Pricing (Exhibit A Attachment E) the City wishes to procure the
following:
Item Units Unit Cost Total Cost
Infrastructure
Dock doors retrofit 1 $31,080.00 $31,080.00
Retrofit implementation 1 $1,790.00 $1,790.00
12-dock, 3 plate stations 2 $18,722.00 $37,444.00
8-dock, 2 plate stations 9 $12,546.00 $112,914.00
6-dock, 1 plate stations 6 $9,033.00 $54,198.00
Concrete station pads 17 $3,900.00 $66,300.00
Outreach and Education
Divvy Scooter 101/e-bike Demo x 3 3 $1,700.00 $5,100.00
Community Bike Ride or Bike Demo 1 $2,000.00 $2,000.00
Project Budget $310,826.00
1
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
February 18thWednes 26
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
IV. SERVICES/SCOPE OF WORK:
As defined in the First Amendment to the Amended and Restated Agreement for Evanston
Bike Share Program (Exhibit A).
V. INTEGRATION
This Amendment, together with Exhibits A and B sets forth all the covenants, conditions and
promises between the parties with regard to the subject matter set forth herein. There are no
covenants, promises, agreements, conditions or understandings between the parties, either
oral or written, other than those contained in this Amendment. This Amendment has been
negotiated and entered into by each party with the opportunity to consult with its counsel
regarding the terms therein. No portion of the Amendment shall be construed against a party
due to the fact that one party drafted that particular portion as the rule of contra proferentem
shall not apply.
In the event of any inconsistency between this Amendment, and any Exhibits, this Amendment
shall control over the Exhibits. In no event shall any proposal or contract form submitted by
Lyft be part of this Amendment unless agreed to and attached and referred to herein.
IN WITNESS WHEREOF, the parties hereto have each approved and executed this Amendment on
the day, month and year first above written.
LYFT: CITY OF EVANSTON
909 Davis Street
EVANSTON, IL 60201
By: ________________________ By:________________________
Luke Stowe
Its: ________________________ Its: City Manager
FEIN Number: _______________ Date: _____________________
Date: ______________________ Approved as to form:
By:
Alexandra B. Ruggie
Its: Corporation Counsel
2
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Head of LUS
February 18, 2026
Michael Brous
02 / 23 / 2026
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Exhibit A
First Amendment to the
Amended and Restated Agreement
for Evanston Bike Share Program
This First Amendment (“Amendment”) to the Amended and Restated Agreement for Evanston Bike Share Program dated
December 3, 2019 (“Agreement”), by and between Lyft Bikes and Scooters, LLC (successor in interest to Motivate
International Inc.) having offices at 185 Berry Street, Suite 400, San Francisco, CA 94107 (“Lyft”) and the City of
Evanston, a municipal corporation and home rule unit of local government existing under the Constitution of the State of
Illinois, acting through its City Manager ’s Office at Evanston, Illinois (“City”) is entered into as of
_____________________ by and between Lyft and the City (the “Amendment Effective Date”). This Amendment may
refer to Lyft and City individually as a “Party” or collectively as the “Parties.”
RECITALS
WHERAS, Lyft and City desire to amend the Agreement in certain respects; all, as provided below in this Amendment;
and
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties do hereby agree as
follows:
1. Section 4.4 (Ownership). The parties hereby delete section 4.4 (Ownership) in its entirety, and replace it with the
following:
4.4 Ownership. City will retain ownership of City-purchased equipment including stations and 100 classic
bicycles. Lyft will retain ownership of any rideables purchased by Lyft and deployed in the Program.
2. Section 4.5 (Additional Stations). The Parties hereby add the new Section 4.5 (Additional Stations) to the
Agreement:
4.5 Additional Stations. Lyft will deploy approximately 17 City-purchased Stations within the City. The City shall
select the type of Stations to purchase from Lyft from the Station options set forth in Attachment E. Lyft shall
work with the City to ensure the City-purchased Stations are located in an efficient and equitable manner in the
City. City acknowledges and agrees that because the Program is interoperable with the Chicago Program,
subscribers may operate such City-purchased Stations within the boundaries of the City and in conjunction with
the Program equipment, including the Existing Equipment.
3. Section 4.6 (Invoicing Payment Terms). The Parties hereby add the new Section 4.6 (Invoicing Payment Terms) to
the Agreement:
4.6 Invoicing Payment Terms. Invoices for payment shall be submitted by Lyft to the City, together with
reasonable supporting documentation. Payment shall be made in accordance with the Illinois Local Government
Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. Lyft will send
invoices to the City electronically via e-mail as a PDF on a monthly basis. Unless otherwise agreed by the parties
in writing, all fees will be paid in United States dollars (USD).
4. Section 5.5 (Quarterly Revenue Reporting). The Parties hereby add the new Section 5.5 (Quarterly Revenue
Reporting) to the Agreement:
5.5 Quarterly Revenue Reporting. Lyft shall provide quarterly reports on user revenues to the City, subject to
Lyft’s company-wide disclosure standards for single segment companies. The parties may mutually agree on an
alternate reporting basis.
3
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
February 18, 2026
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
5. Section 13.13 (Northwestern University). The Parties hereby delete Section 13.13 (Northwestern University) in its
entirety, and replace it with the following:
13.13 (Northwestern University). The City and Lyft agree to meet with Northwestern University annually to discuss a
mutually agreeable plan for bicycle distribution and station installation on or near Northwestern University’s campus.
6. Section 5.12 (Device Minimums) to ATTACHMENT A. The Parties hereby add the new Section 5.12 (Device
Minimums) to ATTACHMENT A (Description of Services) to the Agreement:
5.12 Device Minimums. Lyft will use reasonable commercial efforts to redistribute devices to maintain ninety
(90) Electric Bikes and one hundred (100) Classic Pedal Bikes within the City, measured by daily maximum
count.
7. Attachment D. The Parties hereby add the new Attachment D setting forth certain marketing and outreach services
which is attached hereto and incorporated by reference.
8. Attachment E. The Parties hereby add the new Attachment E setting forth equipment pricing which is attached hereto
and incorporated by reference.
9. Attachment F. The Parties hereby add the new Attachment F setting forth Service Level Agreements which is
attached hereto and incorporated by reference.
10. Miscellaneous.
a. The Agreement Remains in Effect. All terms and conditions of the Agreement will remain in full force and effect,
except as modified by this Amendment. In the event of any conflict between this Amendment and the Agreement
or any other document, this Amendment shall control with respect to the subject matter hereof.
b. Counterparts. This Amendment may be executed in counterparts, each of which so executed shall be deemed to be
an original and such counterparts together shall constitute one and the same agreement. The exchange of a fully
executed Amendment (in counterparts or otherwise) by electronic transmission in .PDF format shall be sufficient
to bind the Parties to the terms and conditions of this Amendment.
(Signature Page Follows)
4
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly executed by their authorized
representatives as of the Amendment Effective Date.
Lyft Bikes and Scooters, LLC City of Evanston
By: By:
Name: Name:
Title: Title:
Date: Date:
5
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Michael Brous
Head of LUS
February 18, 2026
Luke Stowe
City Manager
Approved as to form:
Alexandra B. Ruggie
Corporation Counsel
02 / 23 / 2026
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Attachment D
2026 Marketing and Outreach Services
Subject to the City’s request, Lyft will provide Marketing and Outreach Services in calendar year 2026 including
managing end-to-end planning and execution. Such services may include:
● Coordinating with the City to identify priority areas or events.
● Sourcing and partnering with local organizations and advocacy groups to boost awareness and engagement.
● Handling logistics such as equipment setup, providing branded materials, generating ride credits, and coordinating
giveaways.
● Staffing events with trained ambassadors who can educate, engage, and assist residents on-site.
● Bike/scooter demos and community rides.
Detailed 2026 Event Information and Pricing:
Staffing & Events in 2026
Item Description
List
Price
Number of Events
in 2026 Notes
Tabling
Event
The Outreach Team sets up an
informational station at
various community locations,
which may include public
libraries, health fairs, and
community festivals. These
tabling events are ideal for
attracting a diverse range of
residents and provide an
opportunity to share details
about the Divvy/D4E system.
Our setup features a branded
tent and tablecloth, creating a
recognizable and welcoming
presence. We distribute swag
items and ride passes to
engage attendees and
encourage them to learn more
about the system. At targeted
events, the team is also
available to assist with
signing up for D4E, ensuring
that all interested individuals
can easily access the service.
$1600
per
event
Maximum of 12
events in 2026 in
partnership with the
Divvy outreach
team.
Each tabling event has a
maximum of five hours and
will include 2 to 4
ambassadors. Lyft will
provide all necessary
marketing materials, which
may include postcards,
flyers, and branded items
such as tents, tablecloths,
and other materials to ensure
a professional and
recognizable setup. This
includes planning and
outreach time, outreach to
potential community
partners, and the sourcing of
events and activities.
Community
Bike Ride
Event
This event is a collaborative
effort with the city or a
community partner to
organize a Community Bike
Ride. A fleet of bikes will be
made available, and our
Divvy staff will be on hand to
manage the logistics
throughout the day.
$2000
Per
event
Maximum of 2
Community Bike
Rides (in total) in
2026 to build a
sense of community
around the bike
sharing program.
This includes bike delivery
and setup, outreach support
on our social channels, and
an ambassador to assist with
waiver forms. An on-site
valet will remain at the
event for its duration, which
is capped at four hours, to
ensure all bikes are securely
locked and docked properly.
6
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Divvy Ebike
or Scooter
101 Demo
The Divvy team will conduct
interactive and educational
pop-up workshops to share
scooter or ebike safety best
practices with residents.
These aim to eliminate the
barrier of trying scooters or
ebikes for the first time by
allowing residents to try them
for free with assistance from
Divvy experts.
$1700
Per
event
Maximum of up to
4 scooter or ebike
demo events in 2026
to allow residents to
try scooters or
ebikes free of
charge.
Scooter or ebike demo
events are a maximum
length of three hours. For
these events, we require the
following: A bike valet,
minimum of two Divvy
ambassadors, tent, waiver
forms, promotional
giveaways (e.g. flyers, swag,
etc.).
Note: Per event List Prices include the cost of outreach services and essential supplies and giveaways (e.g. tables, posters,
flyers, etc.). The cost of ride passes or any special ride offers are not included in the List Prices, but the City may purchase
such items separately.
Lyft will also attend and set up a table at two (2) non-ticketed public events that the City of Evanston hosts as described
on the City’s Festivals, Events & Concerts website
(https://www.cityofevanston.org/government/departments/parks-recreation-community-services/festivals) for a minimum
of four hours each. The City shall be responsible for waiving Lyft’s tabling and participation fees at such City Festivals,
Events, and Concerts and Lyft will be responsible for paying for staffing, merchandise, and materials for such events.
7
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Attachment E
Equipment Pricing
Notes:
● All purchases of equipment pursuant to this Attachment E are subject to Lyft’s applicable PO terms and conditions
(attached to this Amendment as Exhibit B). Solely with respect to the City’s first purchase of equipment pursuant to
this Amendment on the Amendment Effective Date, the second, third, fourth and fifth sentences of Section 1, the first
and second sentences of Section 2, and all of Section 5 shall not apply (see below for applicable text).
○ Second sentence of Section 1: “Shipping fees, custom fees, import duties and tariffs are not included and are
strictly the responsibility of Buyer.”
○ Third sentence of Section 1: “Unless explicitly set forth on the PO, prices for Products quoted by Lyft do not
include: (i) operation costs; (ii) telecommunication fees (SIM cards); (iii) transaction fees; (iv) one-time set-up
fees; (v) spare parts; (vi) training services; and (viii) custom development.”
○ Fourth sentence of Section 1: “Title and risk of loss or damage in respect of the Products listed in the PO shall
pass to Buyer at point of shipment, provided Buyer has a right to approve the carrier used to ship the Products
(such approval not to be unreasonably withheld, conditioned or delayed).”
8
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
○ Fifth sentence of Section 1: “Delivery of Products listed in the PO: (i) shall be FOB - Place of Shipment; and (ii)
shall be shipped immediately when ready and accepted by Buyer once the Products have been loaded to the
approved carrier and tracking information passed to Buyer.”
○ First sentence of Section 2: “Under any PO, Lyft shall charge to Buyer, and Buyer shall pay, all duty, value added,
sales, use, excise or similar tax imposed by all relevant jurisdictions in connection with the delivery by Lyft of the
Products.”
○ Second sentence of Section 2: “In addition, all amounts due to Lyft hereunder shall be remitted net of, and Buyer
shall be solely responsible for any tax withholding.”
○ Section 5: “Packing slips confirming the nature and quantity of Product components delivered by Lyft shall be
signed by Buyer upon Buyer ’s receipt of the Product components. A duly signed copy of the packing slips must
be remitted to Lyft.”
● Lyft’s hardware prices consist of two components:
○ “Equipment Price”: the price of the hardware itself; and
○ “Logistics Fee”: which encompasses shipping, tariffs, and duties to get the equipment to market. The US trade
environment is highly uncertain, and the Logistics Fee listed above is based on the best information Lyft has on
future tariff rates. Lyft will re-quote the Logistics Fee for each Purchase Order based on tariff and shipping rates at
that time.
9
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Attachment F
Service Level Agreements
The following Service Level Agreements apply solely to Bicycles and Stations within the geographical boundaries of the
City of Evanston.
Definitions:
Bicycle: For avoidance of doubt, the term Bicycle shall be used to refer to both Pedal Bikes and Electric Bikes as defined
below.
Pedal (Classic) Bike: Pedal Bike, per MCC 9-4-010, means a two-wheeled riding conveyance propelled solely by human
power equipped with fully operable pedals, or their mechanical equivalent, which transfer the operator ’s effort to the
rotation of the wheels, creating the movement of the conveyance. Pedal Bikes must report necessary information for
assessment of SLAs through monthly reports and will be audited with Lyft-reported GBFS data (provided approved
monthly reports data shall be the source of truth). For avoidance of doubt, this definition shall apply to all future
non-Electric Bike device type and SLAs.
Electric Bike: Electric Bikes consist of all Bicycles that meet the definition of Low-Speed Electric Bicycles as defined in
MCC 9-4-010. Electric Bikes must report necessary information for assessment of SLAs through monthly reports and will
be audited with Lyft-reported MDS data (provided approved monthly reports data shall be the source of truth). For
avoidance of doubt, this definition shall apply to all future Electric Bike device type and SLAs.
Total Fleet: The Total Fleet consists of the total number of bicycles which are physically in Lyft’s possession, in addition
to any bicycles missing or missing during rental (MDR) for less than 30 days. This includes all bicycles in the Total
Received in Market less any lost or decommissioned bicycles.
Total Active Fleet: The Total Active Fleet consists of the total number of bicycles physically in Lyft’s possession and
available to be deployed, in addition to any bicycles missing or missing during rental (MDR) for less than 30 days.
SLAs:
SLA 1: % of Stations Inspected & Cleaned
Each month, Lyft shall provide a matrix reporting the most recent date that each Station has been cleaned and inspected
for each day of the month. The percentage Stations that have been cleaned and inspected within the last sixty (60) days
shall be calculated for each day of the month and averaged over the month. Meets Expectations is achieving at least 95%.
● Daily Percentage Calculation: Number of Stations Inspected & Cleaned in Last 60 /Total Number of Stations
● SLA Calculation: Average of each daily percentage across the month
● Station Inspection and Cleaning shall include, but is not limited to, the following tasks:
o Use best efforts to clean all visible dirt, ink, paint, litter, or any other substance on or around the Station or
on Bicycles;
o Check Kiosk functionality (if applicable) including transactions and communications;
o Check all applicable communications systems including, but not limited to, the Kiosk-dock and the
Kiosk-Central Computer System;
o Check each of the Docks’ applicable functionalities including but not limited to locking mechanism,
cassette and keypad and bike charging functionality if present;
o Wipe down Station and all interfaces (screens, keypads, map and ad panels etc.) with cleaner;
o Check applicable physical Station connections;
o Confirm that any materials in the ad or information panel are properly mounted and secured and correct if
necessary.
o Lyft agrees to connect to the City’s 311 portal, and Lyft agrees to acknowledge 311 requests within
forty-eight (48) hours of receipt and remedy such requests within seven (7) days.
10
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
SLA 2: % of Total Active Fleet Inspected
Percentage of Total Active Fleet that have been inspected within the last sixty (60) days measured each day of the month
and averaged over the month. Meets Expectations is achieving at least 95%.
Calculation: Count of Total Active Fleet Inspected (Last 60 Days)/Total Active Fleet
● During Bicycle inspection, Lyft shall, at a minimum, conduct the following checks, and repair or replace all
necessary elements:
o Check tire pressure, and add air as may be needed, to recommended Pounds per Square inch
measurement;
o Check tightness of handlebars, headset bearings, and full handlebar range of motion (left to right);
o Check tightness of seat, seat post quick-release, and see that seat post moves freely in full range of motion
(up and down);
o Check condition of seat, including for tears, rips or other damage;
o Check brake function (front and rear);
o Check grips for wear and brake levers for tightness and damage;
o Check bell for tightness and correct function;
o Check handlebar covers for damage and instruction stickers;
o Check front basket for tightness and damage, and check bungee cord for wear;
o Check for correct gears and shifter function;
o Check function of lock-to cable and locking mechanism;
o Check pedal-assist function and other Electrical components;
o Check fenders (front and rear) for damage, and clean outside of fenders;
o Check tires (front and rear) for damage or wear;
o Check wheels (front and rear) for trueness, broken or bent spokes and hub or axle tightness;
o Check all lights (front and rear) for function;
o Check reflectors on wheels, seat and basket, to ensure they are present, clean and undamaged;
o Check pedals and cranks for tightness;
o Lubricate and clean chain and check chain tensioner for correct function;
o Check kickstand for correct function;
o Brief test ride to ensure overall correct function of Bicycle including pedal assist function if present;
o Check function of onboard computer, GPS communication equipment, battery, motor, and other
components;
o Clean Bicycle and sanitize common points of contact; and
SLA 3: % of Total Fleet Refurbished
Refurbishment will include retouching with paint, replacing worn parts, and supplying new decals on an as-needed basis.
Routine cleanings will be made to ensure the fleet is both functioning optimally and attractive. Meets Expectations is
achieving at least 95% of Total Fleet refurbished within the last 365 days.
● Calculation: Count of Total Fleet Refurbished (Last 365 Days)/Total Fleet
SLA 4: Unusable Devices in the Public Right of Way
All devices, including but not limited to Pedal Bikes or Electric Bikes , that are deficient, damaged, unclean, or unable to
be safely rented by a customer for any other reason, cannot remain within the public right-of-way for more than 48 SLA 4
Compliance Hours following notification of issue. SLA 4 Compliance Hours for remedy of Unusable Device are defined
in the SLA 4 Compliance Hours table below. For the avoidance of doubt, “notification” includes, but is not limited to, a
message from City staff (or their agents), a City 311 customer service request, a message from a member of the public,
automatic records generated by MDS or GBFS feeds, manual records generated by operations staff and/or automatic
records generated by internal software, including “wrenching” of a device or notification through the Divvy or Lyft apps.
A device with insufficient battery for rental cannot remain in the Public Right-of-Way for more than 48 consecutive SLA
4 Compliance Hours. An Unusable Device must either be physically removed from the public right-of-way, sufficiently
repaired, and/or restored to sufficient battery capacity for rental to constitute a resolution of the issue and subsequent
11
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
reclassification as a Useable Device. Operator must seek to remedy all Unusable Devices promptly. Meets expectations is
addressing at least 90% of Unusable Devices in each Coverage Zone within forty-eight (48) SLA 4 Compliance Hours as
defined in the SLA 4 Compliance Hours table below.
SLA 4 Compliance Hours:
SLA Threshold Applied April 1 - October 31
Contractual Operational Hours: 6 AM - 12 AM
Evanston (6 AM – 8 PM)
48 SLA 4 Compliance Hours = no more than 88
hours based on start time
SLA Threshold Applied November 1 – March 30
Contractual Operational Hours: 6 AM - 12 AM
Evanston (6 AM – 6 PM)
48 SLA 4 Compliance Hours = no more than 96
hours from start time
12
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Exhibit B: Purchase Order Terms and Conditions
Lyft Bikes and Scooters, LLC or one of its affiliates (“Lyft”) will fulfill the purchase order attached hereto (“PO”) placed by the buyer named
on that PO (“Buyer”) and accepted by Lyft, in accordance with the following terms and conditions. The PO and these terms and
conditions constitute the entire agreement between Lyft and Buyer with respect to the purchase and sale of the deliverables under the
PO (“Products”) and supersedes all previous negotiations or agreements between the parties.
1. Prices for the Products are in US dollars. Shipping fees, custom fees, import duties and tariffs are not included and are strictly
the responsibility of Buyer. Unless explicitly set forth on the PO, prices for Products quoted by Lyft do not include: (i) operation costs; (ii)
telecommunication fees (SIM cards); (iii) transaction fees; (iv) one-time set-up fees; (v) spare parts; (vi) training services; and (viii) custom
development. Title and risk of loss or damage in respect of the Products listed in the PO shall pass to Buyer at point of shipment,
provided Buyer has a right to approve the carrier used to ship the Products (such approval not to be unreasonably withheld, conditioned
or delayed). Delivery of Products listed in the PO: (i) shall be FOB - Place of Shipment; and (ii) shall be shipped immediately when ready
and accepted by Buyer once the Products have been loaded to the approved carrier and tracking information passed to Buyer. Once
executed by Buyer, a PO is firm and cannot be canceled or modified.
2. Under any PO, Lyft shall charge to Buyer, and Buyer shall pay, all duty, value added, sales, use, excise or similar tax imposed by
all relevant jurisdictions in connection with the delivery by Lyft of the Products. In addition, all amounts due to Lyft hereunder shall be
remitted net of, and Buyer shall be solely responsible for any tax withholding. If Buyer is required by law to make any income tax
deduction or to withhold tax from any sum payable directly to Lyft hereunder, Buyer shall promptly effect payment thereof, but shall not
deduct same from amounts due to Lyft. Notwithstanding the foregoing, Buyer shall not be responsible for taxes based on Lyft’s real
property, personal property, income, personnel, or similar taxes not directly based on Buyer's use or consumption of the Products.
3. In order for Lyft to accept the PO, the PO must be accompanied by a payment from Buyer of a fifty percent (50%) advance
deposit calculated on Lyft’s sales price of the Products listed in the PO. The remaining balance for the Products listed in the PO will be
invoiced upon installation of the Products at a mutually agreed location, and shall be paid by Buyer to Lyft within 30 days of such invoice.
4. Lyft shall not be liable for any delay in delivery due to causes beyond Lyft’s reasonable control including, without limitation,
delays in receipt of or unavailability of materials, default of suppliers, strikes, accidents, riots, acts of God, acts or omissions of Buyer,
governmental action, or embargoes and which it could not have prevented through the exercise of reasonable care and precautions. In
the event of any such delay, the date of delivery shall be extended for such time as may be reasonably necessary to enable Lyft to deliver
the components to Buyer. Delivery dates are estimates only and are based upon prompt receipt by Lyft of all information required for the
purchase of the hardware components from its suppliers.
5. Packing slips confirming the nature and quantity of Product components delivered by Lyft shall be signed by Buyer upon Buyer’s
receipt of the Product components. A duly signed copy of the packing slips must be remitted to Lyft.
6. Prices for the Products may change for each new PO. All outstanding amounts that are not paid to Lyft when due shall bear
interest at the rate of the lesser of one and a half percent (1.5%) per month (eighteen percent (18%) per annum) and the maximum amount
allowed by law. Lyft retains the right to withhold shipments or suspend delivery or performance for non-payment of fees. Buyer shall not
have the right to offset compensation of any amounts due for the Products against other amounts that would be allegedly due to Buyer.
7. LYFT EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY COMPONENTS USED IN CONJUNCTION WITH THE PRODUCTS THAT
HAVE NOT BEEN DELIVERED BY LYFT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE PO OR THESE ADDITIONAL TERMS
AND CONDITIONS, LYFT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL OR SIMILAR
DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST PRODUCTION, LOST DATA, OR COSTS OF DATA RECOVERY, WHETHER
ARISING UNDER BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, INDEMNITY OR ANY
OTHER THEORY OF LIABILITY, IRRESPECTIVE OF WHETHER LYFT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF
SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN ANY EVENT, LYFT’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES
ANO CAUSES OF ACTION ARISING OUT OF THE PO AND THESE ADDITIONAL TERMS AND CONDITIONS SHALL BE LIMITED TO THE
PRICE PAID BY BUYER FOR THE PRODUCTS.
8. Lyft warrants that: (i) it will convey good title to the Products listed in the PO; (ii) the Products listed in the PO will be delivered
free from any lawful security interest, lien or encumbrance of any other person; and (iii) the Products listed in the PO, as originally
delivered by Lyft, will be free from defects in materials and workmanship when used normally in accordance with Lyft’s user
documentation and guidelines for a period of one (1) year from the date of delivery to Buyer (the “Limited Warranty”). Lyft's entire liability
and Buyer’s sole remedy under the Limited Warranty shall be for Lyft to use commercially reasonable efforts to repair the defective
Products and return same to Buyer. THE LIMITED WARRANTY DOES NOT APPLY: (A) TO CONSUMABLE PARTS, SUCH AS BATTERIES OR
PROTECTIVE COATINGS THAT ARE DESIGNED TO DIMINISH OVER TIME, UNLESS FAILURE HAS OCCURRED DUE TO A DEFECT IN
MATERIALS OR WORKMANSHIP; (B) TO COSMETIC DAMAGE, INCLUDING SCRATCHES, DENTS AND BROKEN PLASTIC, UNLESS
PRESENT AT THE MOMENT OF DELIVERY; (C) TO DAMAGE CAUSED BY USE WITH ANOTHER PRODUCT NOT APPROVED BY LYFT; (D)
TO DAMAGE CAUSED BY ACCIDENT, ABUSE, MISUSE, LIQUID CONTACT, FIRE, EARTHQUAKE OR OTHER EXTERNAL CAUSE; (E) TO
DAMAGE CAUSED BY OPERATING THE PRODUCTS NOT IN CONFORMITY WITH LYFT’S USER DOCUMENTATION, AS PROVIDED TO
BUYER FROM TIME TO TIME; (F) TO DAMAGE CAUSED BY SERVICES (INCLUDING UPGRADES) PERFORMED BY ANYONE WHO IS NOT
A REPRESENTATIVE OF LYFT; (G) TO PRODUCTS THAT HAVE BEEN MODIFIED TO ALTER FUNCTIONALITY OR CAPABILITY WITHOUT
THE WRITTEN PERMISSION OF LYFT; OR (H) TO DEFECTS CAUSED BY NORMAL WEAR AND TEAR OR THE NORMAL AGING OF THE
PRODUCT COMPONENTS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LYFT MAKES NO OTHER WRITTEN, ORAL,
13
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
EXPRESS, OR IMPLIED WARRANTIES AS TO THE PRODUCTS, AND LYFT SPECIFICALLY DISCLAIMS ALL SUCH OTHER WARRANTIES
INCLUDING THE WARRANTIES OF MERCHANTABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE.
9. Buyer acknowledges that Lyft is the sole owner of all intellectual property rights in and to Products to be delivered and services
to be performed by Lyft hereunder. No intellectual property rights are conferred to Buyer by virtue of the PO and these Terms and
Conditions. Except as expressly permitted by this Agreement, Buyer shall not directly or indirectly (including through any affiliate or any
third party) resell, reverse engineer or make modifications, alterations, derivatives of, enhancements or other additions to the Products or
use the Products or allow someone to use the Products other than for the Program. Buyer acknowledges that it shall not manufacture,
have manufactured, or otherwise reproduce any equipment, spare parts, or components proprietary to Lyft without Lyft’s prior written
consent.
14
Docusign Envelope ID: 769B4E10-782B-48BA-93AB-3C08837FD806
Doc ID: 5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
Lyft Divvy Purchase and 2026 Agreement Amendment
Approval_of..._Progra.pdf and 1 other
5923aa97d65bf49cc84b43c4227ecda7e58cbd3f
MM / DD / YYYY
Signed
02 / 23 / 2026
11:46:58 UTC-6
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.76
02 / 23 / 2026
11:49:08 UTC-6
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 50.171.242.186
02 / 23 / 2026
11:49:18 UTC-6
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 50.171.242.186
02 / 23 / 2026
16:10:17 UTC-6
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 50.171.242.186
02 / 23 / 2026
16:10:40 UTC-6
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 50.171.242.186
The document has been completed.02 / 23 / 2026
16:10:40 UTC-6