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Ord No 02-19-2315
ORDINANCE NO.02-19-2315 An Ordinance amending the City of South Miami Code of Ordinances, Chapter 17, adding Article V Sections 17-51 through17-53 to provide for the regulation of shared mobility devices. WHEREAS, there has recently been an influx of shared mobility devises such as dockless bicycles and motorized scooters within various municipalities in Miami -Dade County, including the South Miami, Coral Gable and City of Miami; and WHEREAS, there is concern that many of these devices will be left on City right- of-way, and City sidewalks, blocking pedestrian access and creating public safety hazards; and WHEREAS, the operators of these shared mobility devices may be operating within the City without prior approval or authorization; and WHEREAS, the City has received numerous complaints about devices abandoned on private property and on City right-of-way; and WHEREAS, abandoned or improperly deployed shared mobility devices can impede the safe use of the City right-of-way and sidewalks, and create violations of the Americans with Disabilities Act; and WHEREAS, the proliferation of deployed and abandoned shared mobility devices throughout the City can create a public safety emergency requiring the City to act; and WHEREAS, the City recognizes the value of such shared mobility devices, and the desire of City residents and visitors to use such devices; and WHEREAS, the City has a right and duty to act in the best interest of the City to protect and enhance the public health, safety, and welfare, of its residents, businesses and visitors; and WHEREAS, it is in the City's best interest to regulate such operations of shared mobility devices in a uniform and reasonable manner to protect and enhance the quality of life for city's residents and the public health, safety, and general welfare; and WHEREAS, Section 316.008, Florida Statutes, entitled "Powers of local authorities" provides that a county or municipality may enact an ordinance to permit, control or regulate the operation of vehicles, golf carts, mopeds, motorized scooters, and electric personal assistive mobility devices with certain limitations; and WHEREAS, pursuant to Section 316.2128, Florida Statutes, the operation of motorized scooters may not be operated on sidewalks unless authorized by an ordinance enacted pursuant to Sections 316.008(7)(a) or 316.212(8); and Page 1 of 5 Ordinance No. 02-19-2315 WHEREAS, the City is working to develop a pilot program for shared mobility devices within the City; and WHEREAS, given the recent proliferation of shared mobility devices, and the need for comprehensive regulations and guidelines, the City will not allow operation of shared mobility device programs within the City unless those devices are in the City pursuant to an executed memorandum of understanding with the City; and WHEREAS, the City Manager may create a pilot programs within the City for a six (6) month period, which may be renewed for one (1) additional year with approval by the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Chapter 17 of the Code of Ordinances, City of South Miami, Florida, is hereby amended to adding Article V, Sections 17-51 through 17-53 and shall read as follows: ARTICLE V. — BICYCLES, SKATEBOARDS, SCOOTERS, SHARED MOBILITY DEVICES, AND OTHER SIMILAR DEVICES Sec. 17.51 Applicabili , , Policy Statement and Purpose. This Article is supplemental to the general laws of the State of Florida, including_ Chapter 316, Florida Statutes, entitled "State Uniform Traffic Control." All definitions from Section 316.003, Florida Statutes, are incorporated herein by reference, including the definition of "Motorized Scooter." This Article shall apply to any and all Motorized Scooters, Motorized Scooter Services, and Shared Mobility Devises in general, operating within the corporate limits of the City of South Miami ("Cite as permitted. This Article is intended to govern the operation of Motorized Scooters, Motorized Scooter Services, and Shared Mobility Devices within the City to ensure that they are consistent with the safety and well-being of all bicyclists, pedestrians, and other users of the public rights -of -way. Shared Mobility Devices may be operated on City sidewalks, provided such devises and their operation are in compliance with all of the requirements of this Article and are not in violation of any federal, state or county law. Sec. 17.52-Definitions (1) For purposes of this Article the following definitions apply: "Abandoned Shared Mobility Device" means a Shared Mobility Device that is in an unauthorized location for more than 24 hours or more than 5 hours after being noticed of its unauthorized location. "Motorized Scooter" means the same as defined in Section 316.003, Florida statutes. Page 2 of 5 Ordinance No. 02-19-2315 "Shared Mobility Device" means an individual device including, but not limited to, motorized or electronic scooters, bicycles, and other similar devices, but does not include motor vehicles as defined by Chapter 316, Fla. Stat. "Shared Mobility Device Program" means a program in which Shared Mobility Devices are made available for shared use to individuals on a short-term basis at no cost or for a fee. "Operator" means a person or business who deploys one or morre shared mobility devices to a user of the device within the City, whether for free or for a fee. Sec. 17.53 Operation of a Shared Mobilitv Device Program - Penalties and Impoundment (1) No Shared Mobility Device may be parked on any privately -owned property, parking lot or driveway, or any publicly -owned property, parking lot, driveway or right of way, without the consent of the owner, lessee, tenant or other person entitled to manageor possess such premises, and, in the case of publicly -owned propertyor right of way, without the consent and permission of the City Manager or designee. (2) No Shared Mobility Device may be: U operated on City sidewalks at a speed that exceeds 15 mile per hour; M parked or operated outside of any area designated for its use; Lcl parked other than in an upright position; or parked in a way that it impedes pedestrian use of a sidewalk. (3) No Operator shall display, offer, or make available for use any Shared Mobility Device within the City, unless the Operator has a valid fully executed memorandum of understanding with the City or has obtained approval from the Cily through an established process. (4) If two or more Shared Mobility Devices, that are owned or controlled by an Operator without a valid memorandum of understanding with the City, are found within the Cily at a particular location, it will be presumed that they have been deployed to that location by that Operator, and it will be presumed that such Operator is in violation of this Article. (5) A violation of this Article is a code enforcement violation and is punishable by a fine of $500 for each violation. Each day a Shared Mobility Device is in the City at a time when the devise, the Operator or the end user of the devise is in violation of this Article shall be considered a separate offence for each such devise that is in violation of this Article. (6) Impoundment: A Shared Mobility Device that is displayed, offered, made available for use in the City by an Operator operating without a valid memorandum of understanding with the City, or an Abandoned Shared Mobilitv Device. is subiect to immediate impoundment by the Citv. To retrieve demonstrate proper proof of ownership and pay a $50 impoundment fee per Page 3 of 5 Ordinance No. 02-19-2315 device as well as any fine assessed against the device. the Operator and the end user of that device. Section 3. Codification. The provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of South Miami as amended. Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 26t' day of February, 2019. ATTEST: APPROVED: P CITY C ERK MAY05R l' Reading: 2/5/19 2"d Reading: 2/26/19 ORM, COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 4 of 5 Ordinance No. 02-19-2315 r. P�eacie Pve l Sl`/p.9h St � r0 f 4 t i Proposed Sirvice i t/ Area Boundary t rnan l B—,11 t R Rrslawma ©. l � .Boundary Line [t� Bank of AmencP 1 1 Finnnual Center R d Road C......... s S� ddinl Living r U sw mms t 1 1 r Murray Park 1 1 r l Public 1 W 0P nee S.veisc� ;GnIIR� ©CnaseS.nk 6S .. Ice ttTedm Parlor 1 nrmn SW LIn, O mcla South Miami South Miami Melrod i.l Station Parko n, Q pe �Efa� �6n a E Place 24 Q GOo& Tote Faces Market Pm o Pre Sen Pnno Are Sn Page 5 of 5 Agenda ftem NoA. City Commission Agenda item Report Meeting Date: February 26, 2019 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending the City of South Miami Code of Ordinances, Chapter 17, adding Article V Sections 17-51 through 17-53 to provide for the regulation of shared mobility devices. 3/5 (Mayor Stoddard) Suggested Action: Attachments: South Miam ord shared mobility devices, v6.docx 1. Coral Gables ordinance shared mobility devices.pdf 6. SPIN -Coral Gables Letterto South Miami.pdf S. Letter for RRC - SoMI Signed.pdf 2. Spin Sample MOU - Coral Gables.docx South Miami MOU with SpinCArev2saCArev4.docx South_Miam_ord_shared_mobility_devices_v6 CA ps Proposed for 2nd reading.docx MDBR Ad. pdf Miami Herald Ad.pdf 1 a" O O SW 6eth St O SW 64th St sw 67th St Sw 69th St CU Incia South Miami South Miami Metrold Guth Station Parking sles IV 9 s � o greufa Avo 10 t Proposed S63rvice o/ Area Boundary ; Titanic Brewery 1 t & Restaurant 1 4� Boundary Line a' 1 1 , 1 $W 66th St � � � � � � � � P,te r � se 1 1 America 1 1 � 1 1 Bank of FJtencial Center �a�IyR Road Commons , 1 � Sllyd,4nt Living Five Guys Murray,Park 1 / Publix Supc Sw 68th St 1 i SW 681h St Swesen's Grill & [:A ice ream Parlor Chase Bank 1 !r jAonra Ave _ / Vencra Ave Sunset Place 24 ' ® hole Foods Market O 9 / _ o + San Rcmo AveAvo San Remo Ave Google Page 5 of 5 0 CITY OF CORAL GABLES, FLORIDA ORDINANCE NO.2018- AN EMERGENCY ORDINANCE OF THE CITY OF CORAL GABLES, FLORIDA, AMENDING CHAPTER 74 -TRAFFIC AND VEHICLES OF THE CITY OF CORAL GABLES CODE IN ORDER TO ADDRESS UNAUTHORIZED OPERATION OF SHARED MOBILITY DEVICE PROGRAMS WITHIN THE CITY WHEREAS, there has recently been an influx of dockless bicycles and motorized/e- scooters within the City; and i WHEREAS, many of these devices are being left on City right-of-way, and City sidewalks, blocking pedestrian access and creating public safety hazards; and WHEREAS, the operators of these shared mobility devices have been operating within the City without prior approval or authorization; and WHEREAS, the City was required to issue cease and desist letters earlier this month to two companies whose motorized/e-scooters were deployed and abandoned on City right-of-way and private property throughout the City without prior authorization from the City; and WHEREAS, the City has received numerous complaints about devices abandoned on private property and on City right-of-way; and WHEREAS, abandoned or improperly deployed shared mobility devices can impede safe use of the City right-of-way and sidewalks, and create violations of the Americans with Disabilities Act; and WHEREAS, the proliferation of deployed and abandoned shared mobility devices throughout the City has created a public safety emergency requiring the City to act; and WHEREAS, the City recognizes the value of such shared last mile mobility devices, and the desire of City residents and visitors to use such devices; and WHEREAS, the City has a right and duty to act in the best interest of the City in an effort to protect and enhance the public health, safety, and welfare, of its residents and visitors; WHEREAS, the City is working to develop a pilot program for shared motorized/ le - scooters and bicycles within the City; and WHEREAS, section 316.008, Florida Statues, provides that a municipality may enact an ordinance to permit, control or regulate the operation of vehicles, motorized scooters, and electric personal assistive mobility devices with certain limitations; and N Page l of 5 — Ordinance No. 2018- WHEREAS, City Code Section 7449 prohibits parking any motor scooter, or any other motor propelled vehicle, upon any privately -owned property, parking lot or driveway, or any publicly -owned property, parking lot or driveway, without the consent of the owner, lessee, tenant or other person entitled to manage or possess such premises, and, in the case of publicly - owned property, without the consent and permission of the city manager or designee; and WHEREAS the City is working to promulgate regulations regarding the operation of shared mobility device programs within the City; and WHEREAS, given the recent proliferation of motorized/electric scooters and other shared mobility devices, and the recent need to issue cease and desist letters, as well as the time needed for the City to implement thorough and comprehensive regulations and guidelines, the City will not allow operation of shared mobility device programs within the City unless those devices are in the City pursuant to an executed memorandum of understanding with the City, or at a later date if the City has provided a process for operators to seek approval from the City to deploy shared mobility devices within the City and operators have such approval. NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF CORAL GABLES: SECTION 1. That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. That Chapter 74 "Traffic and Vehicles" of the Code of the City of Coral Gables, Florida be hereby amended as follows: CHAPTER 74- Traffic and Vehicles ARTICLE IV. — BICYCLES, SKATEBOARDS, SCOOTERS, SHARED MOBILITY DEVICES, AND OTHER SIMILAR DEVICES Sec. 74-239-Definitions (1) For purposes of this Article the following definitions apply: (a) Motorized Scooter is as defined in Section 31 b.003, Florida statutes, and includes gas and motorized scooters or any combination of the two such as a hybrid scooter. (b) A shared mobility device in an individual device including, but not limited to, motorized or electronic scooters, bicycles, and other similar devices, but does not include motor vehicles used in conjunction with ride sharing companies, such as Uber or Lyft. Page 2 of 5 — Ordinance No. 2018-. (c) A shared mobility device program is a program generally, in which mobility devices, including but not limited to bicycles and motorized scooters, are made available for shared use to individuals on a short term basis at no cost or for a fee. (d) Operator means a company deploying shared mobility devices within the City. Sec. 74-240- Operation of a shared mobility device program- Penalties and Impoundment (1) No operator shall display, offer, or make available for rent any shared mobility device within the City, unless the person has a valid fully executed memorandum of understanding with the City or has obtained approval from the City through established process. (2) If two or more shared mobility devices from an operator without a valid memorandum of understanding with the City are found at a particular location within the City it will be presumed that they have deployed by that operator, and it will be presumed that the operator is in violation of this section. (3) A violation of this section shall be considered a code enforcement violation and is punishable by a fine of $500 per instance. Each day an operator has shared mobility devices in the City in violation of this section shall be considered a separate instance and a separate violation of this section. (4) Impoundment: A shared mobility device that is displayed, offered, made available for rent by an operator operating without a valid memorandum of understanding with the City, or a device abandoned on the City right-of-way or private property without permission by a user of the device shall be subject to immediate impoundment by the City. In order to retrieve any impounded shared mobility device an individual or entity must demonstrate proper proof of ownership and pay a $50 impoundment fee per device reflectingtha City Is enforcement, investigation, storage, and impound costs. SECTION 3. SEVERABILITY If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith, are hereby repealed. SECTION 5. CODIFICATION. It is the intention of the Commission of the City of Coral Gables, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Coral Gables Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered to 9 Page 3 of 5 — Ordinance No. 2018-. accomplish such intention, and the word "ordinance" may be changed to "section", "article", or such other appropriate word or phrase in order to accomplish such intentions. SECTION 6. COMPLIANCE. That for the purpose of protecting the peace, health, and safety of the citizens of the City of Coral Gables, Florida, in this time of increased concern over the proliferation of shared mobility devices blocking rights -of -way, pedestrian access, and creating safety hazards, this ordinance is hereby declared an emergency measure, waiving a second reading and pre -publication and requiring a 4/P vote of the City Commission. SECTION 7. EFFECTIVE DATE. This ordinance shall become effective upon adoption. PASSED AND ADOPTED THIS DAY OF , A.D., 2018. ATTEST: APPROVED: RAUL VALDES-FAULI MAYOR Page 4 of 5 — Ordinance No. 2018-: 10 WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MIRIAM SOLER RAMOS CITY ATTORNEY Page 5 of 5 — Ordinance No. 2018-. 11 The City of Coral Gables t` Pu lic Works Department 2800 SW 72AVENUE MIAMI, FLORIDA 33155 December 18, 2018 Mayor Philip K. Stoddard City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Spin Scooter Share Dear Mayor Stoddard, I am writing on behalf of the City of Coral Gables to share our positive experiences with Spin's scooter -share program and to recommend Spin as a mobility partner for the City of South Miami. As the Assistant Public Works Director for the City of Coral Gables, I oversee and manage our City's pilot with Spin, allowing me the opportunity to see firsthand how Spin works with cities.— an approach that I believe many local governments wish more tech companies would emulate. Earlier this year, our City partnered with Spin to provide shared -use scooters to our residents and visitors, offering a mobility option for short trips and helping to reduce dependency on single -occupancy motor vehicles. This partnership came after months of close collaboration between Spin and our City — including the City Commission and City staff — to craft the right rules to pilot scooters safely and responsibly. In particular, we appreciated Spin's desire to ask for permission from Coral Gables before launching, which stood in contrast to other companies that deployed in Coral Gables without any notice or approval. Since Spin began scooter operations in Coral Gables, we have seen 14,000 trips and have received praise — not complaints — which I believe attests to Spin's ability to operate responsibly. Spin worked with us, introducing a modest fleet at the start and gradually increasing the fleet size in accordance with our rules. Spin also continues to collaborate closely with our City staff, being responsive to our requests to make adjustments to both hardware and software as our community embraces Spin's new mobility option. The City of Coral Gables has an interest in expanding the service to our commercial district south of US 1 and adjacent to the City of South Miami. We have been reluctant to do so without your City's support. Should you be interested, we believe partnering with Spin would provide your residents and visitors the same mobility benefits that Coral Gables has seen. Furthermore, allowing Spin to serve South Miami would increase connectivity between our neighboring communities in a sustainable, affordable manner. I am happy to provide more information about our experiences with Spin; please do not hesitate to ask. cerel Je is A. Keller A ist nt Public Works Director c: Peter Iglesias, P.E., City Manager Ed Santamaria, P.E., Assistant City Manager Hermes Diaz, P.E., Deputy Director/City Engineer 12 P.O. Box 141549 CORAL GABLES, FLORIDA 33114-1549 PHONE (305) 460-5000 FAX (305) 460.5080 Mayor Stoddard: This letter is to inform you that SCG Atlas Red Road Commons LLC intends to enter an agreement with Skinny Labs Inc. dba Spin to deploy scooters at our property located at 6620 SW 57th Ave, South Miami, FL 33143, commonly known as Red Road Commons. This agreement will be pending until the City approves a pilot program in this area. We intend to provide our residents with mobility options and look forward to our continued partnership with the City of South Miami. Thank You, Brian Soss Vice President Starwood Capital Group 13 MEMORANDUM OF UNDERSTANDING Personal Mobility Vehicles Pilot Program This Services Agreement ("Agreement") for Personal Mobility Vehicles is made this day of 2018, by and between the City of , a municipal corporation ("City") and Skinny Labs Inc. dba Spin ("Spin"). City and Spin are each individually referred to as a "Party," and collectively, the "Parties." Recitals 1. City seeks to provide safe and affordable multimodal transportation options to all residents, reduce traffic congestion, and maximize carbon -free mobility. 2. Personal mobility share services are a component to help the City achieve their transportation goals, and the City desires to make personal mobility share services available to residents and those who work in the City. 3. Spin proposes to operate a personal mobility share program within the City, without the need for any physical stations or docks. 4. Spin will abide by relevant City ordinances and rules to efficiently and effectively provide personal mobility share services. 5. Spin possesses GPS, cell and/or Bluetooth connectivity, and self-locking technology in its dockless personal mobility products such that its vehicles may be locked and unlocked by users with an app and tracked to provide for operations and maintenance. 6. Personal mobility vehicles used as part of a personal mobility share service refer to electric power -assisted or electric -powered devices, including electric kick -scooters. 7. The City's intent for authorizing a single -operator pilot is to ensure public safety and minimize negative impacts on the public right of way, as well as to analyze data in a controlled setting to inform the City on a future RFP process. In consideration of the mutual covenants and representations set forth in this Agreement, City and Spin hereby agree to launch a pilot personal mobility share program in in the City as follows: Agreement 1. Pilot Term. Pursuant to the terms of this Agreement, the City hereby gives Spin an exclusive, revocable, and non-transferrable license to utilize the City Right of Way in order to provide personal mobility share services within the City. For purposes of this Agreement, the term Right of Way ("ROW") refers to sidewalks, roads, and other pathways owned and maintained by the City. City hereby grants Spin the right to operate a pilot personal mobility share program for a term of 12 months. Upon conclusion of the initial 12 months, such pilot shall renew for another 12-month period, if no other term is specified in writing, unless terminated in writing by one or both parties per the terms in Section 14. The City will approve no more than one license for a pilot personal -mobility share program at a time. 14 2. License to Use City Right of Way. City authorizes Spin a license to use the public Right of Way solely for the purposes of maintaining and offering its personal mobility vehicle fleet within the City. No other party will be issued a license to operate in the City for the duration of the pilot, in order to allow for accurate data reporting for the City to inform a potential future RFP process. Authority to utilize the City Right of Way for this fleet is dependent on compliance with all terms of this Agreement. This authorization is not a lease or an easement, and it is not intended and shall not be construed to transfer any real property interest in City property. A party that deploys or operates personal mobility vehicles in the City without Commission approval and without a signed agreement with the City will be penalized accordingly in the City's potential future RFP for personal mobility share services. 3. Permitted Use. Spin customers may use the public Right of Way solely for parking of personal mobility vehicles owned and maintained by Spin for use in this pilot program. Spin shall not place or attach any personal property, fixtures, or structures to City Right of Way without the prior written consent of City or private property owners. a. Spin's operations within the City, shall, at a minimum: a) not adversely affect City Right of Way or the City's streets or sidewalks; b) not adversely affect the property rights of any third parties; c) not inhibit pedestrian movement within the public way or along other property or rights -of -way owned or controlled by the' City; and d) not create conditions which are a threat to public safety and security. b. Upon termination of this Agreement by either party, Spin shall, at its sole cost and expense, remove its property from the Right of Way. 4. Personal Mobility Vehicle Parkin& Spin personal mobility vehicles may be parked in a legal manner in Right of Ways including public sidewalks by individuals participating in the personal mobility share program. Vehicles parked on private property will be allowed at the discretion of the private property owner. Spin will actively manage the vehicle fleet to ensure orderly parking and the free and unobstructed use of the Right of Way. The City, at its own discretion, may choose to support the personal mobility sharing program with the installation of additional parking racks, painted parking spots, and/or recommended parking spots without racks or painting. 5. Condition of City Right of Way. a. City makes the public right of way available to Spin in an "as is" condition. City makes no representations or warranties concerning the condition of the public way or its suitability for use by Spin or its customers, and it assumes no duty to warn either Spin or its customers concerning conditions that exist now or may arise in the future. b. City assumes no liability for loss or damage to Spin's personal mobility vehicles or other property. Spin agrees that City is not responsible for providing security at any location where Spin's vehicles are stored or located, and Spin hereby waives any claim against City in the event Spin's vehicles or other property are lost or damaged. c. The City will notify Spin at support@spin.pm, through Spin's customer service app portal listed in Exhibit A, or through another agreed upon mechanism, for any 15 personal mobility vehicle that is found to be adversely affecting the City Right of Way. Spin shall be responsible to correct improperly parked personal mobility vehicle within the timeframes listed in "Exhibit A." 6. Maintenance and Care of Portion of City Right of Wa. Spin expressly agrees to repair, replace, or otherwise restore any part or item of real or personal property that is damaged, lost, or destroyed as a result of the Spin's use of City Right of Way. Should Spin fail to repair, replace, or otherwise restore such real or personal property, Spin expressly agrees to pay City's costs in making such repairs, replacements, or restorations. 8. Operations and Maintenance. Spin will operate in the City no more than the maximum number of personal mobility vehicles that is specified in "Exhibit A," unless amended. Spin shall be responsible to maintain the Personal Mobility Fleet as set forth in "Exhibit A." Spin shall be solely responsible for all maintenance and service costs in order to maintain the Personal Mobility Fleet and associated maintenance to minimum level of service and reporting outlined in "Exhibit A." 7. Indemnification. Spin shall defend, pay, indemnify, and hold harmless City, its officers, officials, employees, agents, invitees, and volunteers (collectively "City Parties") from all claims, suits, actions, damages, demands, costs, or expenses of any kind or nature by or in favor of anyone whomsoever and from and against any and all costs and expenses, including without limitation court costs and reasonable attorneys' fees, resulting from or in connection with loss of life, bodily or personal injury, or property damage arising directly or indirectly out of or from or on account of a. Any occurrence upon, at, or from City Right of Way or occasioned wholly or in part by the entry, use, or presence upon City Right of Way by Spin or by anyone making use of City Right of Way at the invitation or sufferance of Spin, except such loss or damage which was caused by the sole negligence or willful misconduct of City. b. Use of Spin's personal mobility vehicles by any individual, regardless of whether such use was with or without the permission of Spin, including claims by users of the vehicles or third parties. 8. Insurance. Prior to beginning and continuing throughout the term of this Agreement, Spin, at sole cost and expense, shall furnish the City with certificates of insurance evidencing that it has obtained and maintains insurance in the following amounts: a. Workers' Compensation that satisfies the minimum statutory limits. b. Commercial General Liability and Right of Way Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations, and contractual liability coverage. c. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non -owned vehicles. 16 All insurance policies shall be written on a per occurrence basis and shall name the City Indemnitees as additional insureds while any City insurance shall be secondary and in excess to Spin's insurance. If Spin's insurance policy includes a self -insured retention that must be paid by a named insured as a precondition of the insurer's liability, or which has the effect of providing that payments of the self -insured retention by others, including additional insureds or insurers do not serve to satisfy the self -insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self -insured retention required to be paid as a precondition to the insurer's liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self -insured retention and also must disclose the deductible. The City's Risk Manager may waive or modify any of the insurance requirements of this section. 9. Compliance with Law. Spin, at its own cost and expense, shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities applicable to its operation of its personal mobility share program. If any license, permit, or other governmental authorization is required for Spin's lawful use or occupancy of City Right of Way or any portion thereof, Spin shall procure and maintain such license, permit, and/or governmental authorization throughout the term of this Agreement. City shall reasonably cooperate with Spin, at no additional cost to City, such that Spin can properly comply with this Section and be allowed to use City Right of Way as specified in Section 3, above. 10. Required Reports. Spin shall provide reports to the City concerning utilization of its personal mobility vehicles and route usage not less than monthly, in order to inform the City on a potential RFP process. The format and type of data contained in the reports will be determined by the City, in coordination with Spin, as long as such information contains no personally identifiable information and is anonymized. 11. No Joint Venture. Nothing herein contained shall be in any way construed as expressing or implying that the parties hereto have joined together in any joint venture or liability company or in any manner have agreed to or are contemplating the sharing of profits and losses among themselves in relation to any matter relating to this Agreement. 12. Term. This Agreement shall commence on [ 1, (the "Commencement Date") and shall continue per the terms in Section 1, unless earlier terminated pursuant to Section 14, below. 13. Termination. This Agreement may be terminated prior to the expiration date set forth in Section 13, above, upon the occurrence of the following conditions: a. Upon delivery of written notice from City to Spin, or vice versa, terminating this agreement for any reason, or for no reason, by giving at least thirty (30) days' notice of such termination. 17 Upon the effective date of termination of this Agreement, Spin shall remove all vehicles covered in this agreement from the City and restore all City Right of Way to the condition of the City Right of Way at the Commencement Date of this Agreement. 14. Amendment. This Agreement may be amended by mutual agreement of the parties. An amendment to the maximum number of vehicles allowed can be made by mutual agreement via email with the City Manager. Any other amendments shall only be effective if incorporated in written amendments to this agreement and executed by duly authorized representatives of the parties. 15. Applicable Law and Venue. The laws of California shall govern the interpretation and enforcement of this Agreement. 16. Counterparts. This agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Executed the day and year first above written, by the parties as follows: City of By: Name: Title: Spin By: Name: Title: 18 Exhibit A Spin Operations and Maintenance Plan Personal Mobility Vehicle Pilot Program City of FLEET SIZE Spin will deploy an initial fleet of up to 100 personal mobility vehicles (electric kick -scooters) over the course of the first month of the pilot. The vehicles will initially be deployed with an emphasis on transit stations, commercial areas, and denser residential areas, to help guide distribution based on user demand and usage trends. Spin may not operate more than 200 personal mobility vehicles in the City. PLACEMENT PLAN Spin plans to initially deploy up to 100 personal mobility vehicles at key transit stations, commercial zones, and denser residential areas, where Spin vehicles may help address "last mile" transportation issues. Spin will also work with the City to determine where to initially deploy the vehicles. Spin's nimble and flexible operations can adjust vehicle deployment and distribution based on user demand and usage data. Furthermore, Spin will work with transit agencies and other relevant entities to determine areas at transit stations where Spin vehicles can be placed, as well as work with companies in the City to locate Spin distribution points, in addition to locating Spin vehicles on public right of ways. Spin's ground operations team will place Spin vehicles in a neat fashion on wide sidewalks, at or near racks and corrals, and any other locations designated or suggested by the City. Spin will ensure that personal mobility vehicles are not obstructing pedestrian or motor vehicle traffic when they are deployed. USER EDUCATION Spin believes that the most effective, consistent, and efficient method of providing important notices and educating users is through Spin's app. Any Spin user may utilize the app, helping to ensure important information is seen and acknowledged (as opposed to stickers or physical signs that may be unseen or become damaged or lost). New Spin users will receive informational pop -ups when they use Spin's app to take a ride for the first time. The pop -ups will require the new users to affirmatively dismiss the pop -ups in order to proceed. The informational pop -ups will include: a) reminders about applicable laws; and b) instructions on how to park responsibly. CUSTOMER SUPPORT Spin provides easy mechanisms through which users and the public can contact us to ask 19 questions, report Spin vehicles that are damaged or obstructing the public right of way, or otherwise. Spin's app has a "Help" button on the user interface that enables users to report any issues. Users and members of the public can also contact Spin's customer support via email (support(cr�,spin.pm), phone, and social media for any issues or to make a relocation request. For additional details, please see https://help.sl2in.12m. GROUND OPERATIONS Spin's ground operations staff are hired locally and help ensure the safety, accessibility, and responsible placement of Spin vehicles. The exact number of locally hired staff will depend on the fleet size in operation. The ground operations staff perform two primary functions: • Maintenance o Every scooter is inspected for safety before deployment, with a recorded history of inspections and repairs. o All repairs and staff training are done by experienced mechanics. • Tune ups can be performed on the spot by the local operations team, who are equipped with the necessary tools. • Repairs are performed at the warehouse by mechanics. o All vehicles are inspected, at a minimum, for cleanliness, damage, and safe and reliable operation. • Fleet Management o Deploy vehicles in accordance with local parking rules. o Visually survey streets and sidewalks and reposition any obstructing vehicles. o Respond to and retrieve vehicles that have been marked for repair, relocation, or cleaning. o Rebalance/redistribute scooters based on usage patterns and based on any City request or requirements. • Work with contractors to pick up vehicles at the end of each day to charge overnight. PLACEMENT OF VEHICLES • Vehicles will be neatly placed by Spin staff on wide sidewalks and at or near public racks and corrals. • Vehicles will be neatly placed such that they do not obstruct the public right of way. RELOCATION REQUESTS • Spin users and the general public can report vehicles 24/7 via the website, app, email, phone, or social media. • Spin will dispatch a ground operations member within three hours between the hours of 9am-6pm on weekdays to deal with vehicles reported as obstructing the public right of way. • Requests received after normal business hours, weekends, and/or holidays will be handled as soon as practicable the following day. 20 MAINTENANCE AND SAFETY Every Spin vehicle is inspected for safety, with a recorded inspection history, at least once per month. Vehicles requiring charging are picked up by our local operations team as a part of its daily responsibilities or are brought in by a member of our charger network. Spin's local operations team are trained by professional mechanics and inspect the following: • Handlebars • Brakes • Brake levers • Grips • Tires • Bell • Wheel lock • Exposed wires • Rear fender • Wheels • Rear red light • Front white light Once a vehicle has been repaired and/or cleaned, it goes through a quality assurance check before being processed for redeployment back into the field. REPORTING Spin will provide, at a minimum, quarterly reports to the City with aggregate usage data including: • Number of users in the system • Number of trips generated for the month • Heat maps of usage trip showing top pick-up spots and drop-off spots. • Average trip length and trip time Spin will also provide additional data and information, at the request of the City, to assist with City oversight and transportation planning and to inform the City's potential future RFP process, for personal mobility share services. 21 MEMORANDUM OF UNDERSTANDING Shared Mobility Device Pilot Program This Services Agreement ("Agreement") for Shared Mobility Devices is made this day of 20199, by and between the City of South Miami, a municipal corporation ("City") and Skinny Labs Inc. dba Spin ("Spin"). City and Spin are each individually referred to as a "Party," and collectively, the "Parties." Recitals . Whereas, City seeks to provide safe and affordable multimodal transportation options to all residents, reduce traffic congestion, and maximize carbon -free mobility. Whereas, Shared Mobility Device Services are a component to help the City achieve its transportation goals, and the City desires to make Shared Mobility Devices Services available to residents, visitors and those who work in the City. Whereas, Spin proposes to operate a Shared Mobility Device program within the City, without the need for any physical stations or docks; and Whereas, Spin will abide by relevant City ordinances and rules to efficiently and effectively provide Shared Mobility Device Services; and Whereas, Spin possesses GPS, cell and/or Bluetooth connectivity, and self- locking technology in its dockless personal mobility products such that its vehicles may be locked and unlocked by users with an app and tracked to provide for operations and maintenance; and Whereas, Personal mobility vehicles used as part of a Shared Mobility Device Service refer to electric power -assisted or electric -powered devices, including electric kick -scooters; and Whereas, The City's intent for authorizing a single -operator pilot is to ensure public safety and minimize negative impacts on the public right of way, as well as to analyze data in a controlled setting to inform the City on a future RFP process Now, Therefore, in consideration of the mutual covenants and representations set forth in this Agreement, City and Spin hereby agree to launch a pilot Shared Mobility Device program in the City as follows: Agreement 1. Pilot Term. Pursuant to the terms of this Agreement, the City hereby gives Spin an exclusive, revocable, limited, and non-transferrable license to utilize the City Right of Way to provide Shared Mobility Device Services within the Transit Oriented Development district (TODD) for the area surrounding the Red Road Commons apartments, starting at Dixie Highway and SW 70th Street as the point of beginning, west on SW 70th Street to Commerce lane, northeast on Commerce Lane to SW 58th Place, north on SW 58th place to SW 64th Street, east on SW 64th Street to SW 57th Avenue, south on 57th Avenue to Dixie Highway, thence to the point of beginning.. For purposes of this Agreement, the term Right of Way ("ROW") refers to 22 sidewalks, roads, and other pathways owned and maintained by the City. City hereby grants Spin a six (6) month trial period for use of electric scooters, which may be renewed for an additional twelve (12) months with the approval of the City Commission. The City will not approve more than one license for a pilot Shared Mobility Device for electric scooters program at a time. 2. License to Use City Right of Way. City authorizes Spin a license to use the public Right of Way solely for the purposes of offering its Shared Mobility Device fleet within the City. No other party will be issued a license to operate dockless electric scooters in the City for the duration of the pilot program to allow for accurate data reporting during the pilot program. Authority to utilize the City Right of Way for this fleet is dependent on compliance with all terms of this Agreement. This authorization is not a lease or an easement, and it is not intended and shall not be construed to transfer any real property interest in City property. Shared Mobility Devices, limited herein to dockless electric scooters, shall only be operated in those rights of way that are authorized for the use of such Shared Mobility Devices. 3. Permitted Use. Spin customers may use the sidewalk portion of the public Right of Way solely for parking of Shared Mobility Devices owned and maintained by Spin for use in this pilot program. Spin shall not place or attach any personal property, fixtures, or structures on City Right of Way without the prior written consent of City Manager or on private property without the property owners written consent. Upon termination of this Agreement by either party, Spin shall, at its sole cost and expense, remove its property from the Right of Way. Spin's operations within the City, shall, at a minimum: a) not adversely affect City Right of Way or the City's streets or sidewalks or use thereof, b) not adversely affect the property rights of any third parties; c) not inhibit pedestrian movement within the public way or along other property or rights -of -way owned or controlled by the City; and d) not create conditions which are a threat to public safety or security. 4. Shared Mobility Device Parking. Spin Shared Mobility Devices may be parked in a legal manner in Right of Ways, where authorized by the City Manager, by individuals participating in the Shared Mobility Device program authorized herein. Shared Mobility Devices parked on private property will be allowed at the discretion of the private property owner, provided however, such authorizations shall be limited to the area within the boundaries specified by this Agreement. Spin will actively manage the vehicle fleet to ensure orderly parking and the safe, free and unobstructed use of the Right of Way. The City, at its own discretion, may choose to support the Shared Mobility Device program with the installation of additional parking racks, painted parking spots, and/or recommended parking spots without racks or painting. 5. Condition of City Right of Way. a. City makes the public right of way available to Spin in an "as is" condition. City makes no representations or warranties concerning the condition of the 23 public way or its suitability for use by Spin or its customers, and it assumes no duty to warn either Spin or its customers concerning conditions that exist now or may arise in the future. b. City assumes no liability for loss or damage to Spin's Shared Mobility Devices or other property. Spin agrees that City is not responsible for providing security at any location where Spin's vehicles are stored or located, and Spin hereby waives any claim against City in the event Spin's vehicles or other property are lost or damaged. c. The City will notify Spin at support@spin.pm, through Spin's customer service app portal listed in Exhibit A, by email, or through another agreed upon mechanism, for any Shared Mobility Device authorized herein that is found to be adversely affecting the City Right of Way or in violation of City ordinances. Spin shall be responsible to correct improperly parked Shared Mobility Device within the timeframes listed in "Exhibit A." 6. Maintenance and Care of Portion of City Right of Way. Spin expressly agrees to repair, replace, or otherwise restore any part or item of real or personal property that is damaged, lost, or destroyed because of Spin or its customer's use of City Right of Way. Should Spin fail to repair, replace, or otherwise restore such real or personal property within 24 hours of being notified, Spin expressly agrees to pay City's costs in making such repairs, replacements, or restorations. 7. Operations and Maintenance. Spin will operate in the City no more than the maximum number of Shared Mobility Devices that is specified in "Exhibit A," unless this agreement is amended. Spin shall be responsible to maintain the Shared Mobility Device Fleet as set forth in "Exhibit A." Spin shall be solely responsible for all maintenance and service costs in order to maintain the Shared Mobility Device Fleet and associated maintenance to minimum level of service and reporting outlined in "Exhibit A." 8. Indemnification. Spin shall defend, pay, indemnify, and hold harmless City, its officers, officials, employees, agents, invitees, and volunteers (collectively "City Parties") from all claims, suits, actions, damages, demands, costs, or expenses of any kind or nature by or in favor of anyone whomsoever and from and against any and all costs and expenses, including without limitation court costs and reasonable attorneys' fees, resulting from or in connection with loss of life, bodily or personal injury, or property damage arising directly or indirectly out of or from or on account of: a. Any occurrence upon, at, or from City Right of Way or occasioned wholly or in part by the entry, use, or presence upon City Right of Way by Spin or by anyone making use of City Right of Way at the invitation or sufferance of Spin, except such loss or damage which was caused by the sole negligence or willful misconduct of City. b. Use of Spin's Shared Mobility Devices by any individual, regardless of whether such use was with or without the permission of Spin, including claims by users of the Shared Mobility Device or third parties. 24 9. Insurance. Prior to beginning and continuing throughout the term of this Agreement, Spin, at sole cost and expense, shall furnish the City with certificates of insurance evidencing that it has obtained and maintains insurance in the following amounts: a. Workers' Compensation that satisfies the minimum statutory limits. b. Commercial General Liability and Right of Way Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations, and contractual liability coverage. c. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non -owned vehicles. All insurance policies shall be written on a per occurrence basis and shall name the City Indemnitees as additional insureds while any City insurance shall be secondary and in excess to Spin's insurance. If Spin's insurance policy includes a self -insured retention that must be paid by a named insured as a precondition of the insurer's liability, or which has the effect of providing that payments of the self -insured retention by others, including additional insureds or insurers do not serve to satisfy the self -insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self -insured retention required to be paid as a precondition to the insurer's liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self -insured retention and also must disclose the deductible. The City's Risk Manager may waive or modify any of the insurance requirements of this section. 10. Compliance with Law. Spin, at its own cost and expense, shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities applicable to its operation of its Shared Mobility Device program. If any license, permit. or other governmental authorization is required for Spin's lawful use or occupancy of City Right of Way or any portion thereof, Spin shall procure and maintain such license, permit, and/or governmental authorization throughout the term of this Agreement. City shall reasonably cooperate with Spin, at no additional cost to City, such that Spin can properly comply with this Section and be allowed to use City Right of Way as specified in Section 3, above. 11. Required Reports. Spin shall provide reports to the City concerning utilization of its Shared Mobility Devices and route usage not less than monthly. The format and type of data contained in the reports will be determined by the City, in coordination with Spin, as long as such information contains no personally identifiable information and is anonymized. 12. No Joint Venture. Nothing herein contained shall be in any way construed as expressing or implying that the parties hereto have joined together in any joint venture or liability company or in any manner have agreed to or are contemplating 25 the sharing of profits and losses among themselves in relation to any matter relating to this Agreement. 13. Term. This Agreement shall commence on [ ], (the "Commencement Date") and shall continue per the terms in Section 1, unless earlier terminated pursuant to Section 14, below. 14. Termination. This Agreement may be terminated prior to the expiration date set forth in Section 13, above, upon delivery of written notice from City to Spin, or vice versa, terminating this agreement for any reason, or for no reason, by giving at least thirty (30) days' notice of such termination. Upon the effective date of termination of this Agreement, Spin shall remove all vehicles covered in this agreement from the City and restore all City Right of Way to the condition of the City Right of Way at the Commencement Date of this Agreement. 15. Entire Agreement, Modification, and Non -waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. However, notwithstanding anything to the contrary contained in this paragraph, an amendment to the maximum number of vehicles allowed can be made by mutual agreement with the City Manager and the parties approval may be by email. Any other amendments shall only be effective if approved by the City Commission and incorporated in a written amendment to this agreement and executed by duly authorized representatives of the parties. 16. Applicable Law and Venue. The laws of Florida shall govern the interpretation and enforcement of this Agreement. Venue for all proceedings shall be in Miami -Dade County, Florida. 17. Public Records: Spin and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the Spin, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if Spin does not transfer the records to the public agency; and (d) Upon completion of the Contract, 26 transfer, at no cost, to the public agency all public records in possession of Spin or keep and maintain public records required by the public agency to perform the service. If Spin transfers all public records to the public agency upon completion of the Contract, Spin shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Spin keeps and maintains public records upon completion of the Contract, Spin shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF SPIN HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPIN'S DUTY TO PROVIDE PUBLIC RECORDS' RELATING TO THIS SPIN, THE CUSTODIAN OF PUBLIC RECORDS AT 305- 663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 18. Notices. All notices given or required under this Contract shall be deemed sufficient if sent by a method that provides written evidence of delivery, including e-mail and facsimile transmission and delivered to Spin or his designated contact person. Return of mail, sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to claim the mail shall be deemedi received on the date that the mail is returned to sender. 19. Counterparts. This agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Executed the day and year first above written, by the parties as follows: City of By: Name: Title: Spin By: Name: Title: 27 Exhibit A Spin Operations and Maintenance Plan Shared Mobility Device Pilot Program City of Ft .F.F.T 417.E Spin will deploy an initial fleet of up to 100 Shared Mobility Devices (electric kick -scooters) over the course of the first month of the pilot. The vehicles will initially be deployed with an emphasis on transit stations, commercial areas, and denser residential areas, to help guide distribution based on user demand and usage trends. Spin may not operate more than 100 Shared Mobility Devices in the City. PLACEMENT PLAN Scooters shall be limited to operation within the boundaries as shown in the attached map. Spin plans to initially deploy up to 100 personal mobility vehicles at key transit stations, commercial zones, and denser residential areas, where Spin vehicles may help address "last mile" transportation issues. Spin will also work with the City to determine where to initially deploy the vehicles. Spin's nimble and flexible operations can adjust vehicle deployment and distribution based on user demand and usage data. Furthermore, Spin will work with transit agencies and other relevant entities to determine areas at transit stations where Spin vehicles can be placed, as well as work with companies in the City to locate Spin distribution points, in addition to locating Spin vehicles on public right of ways. Spin's ground operations team will place Spin vehicles in a neat fashion on wide sidewalks, at or near racks and corrals, and any other locations designated or suggested by the City. Spin will ensure that personal mobility vehicles are not obstructing pedestrian or motor vehicle traffic when they are deployed. USER EDUCATION Spin believes that the most effective, consistent, and efficient method of providing important notices and educating users is through Spin's app. Any Spin user may utilize the app, helping to ensure important information is seen and acknowledged (as opposed to stickers or physical signs that may be unseen or become damaged or lost). New Spin users will receive informational pop -ups when they use Spin's app to take a ride for the first time. The pop -ups will require the new users to affirmatively dismiss the pop -ups in order to proceed. The informational pop -ups will include: a) reminders about applicable laws; b) instructions on how to park responsibly; c) the boundaries within South Miami where the Shared Mobility Devices is allowed to be operated and parked and notification that the user will be in violation of the laws of the City and of the user agreement if the Shared Mobility Devices is 28 operated or parked outside of this boundary; and d) the City penalty for violating its Shared Mobility Devices ordinance CUSTOMER SUPPORT Spin provides easy mechanisms through which users and the public can contact us to ask questions, report Spin vehicles that are damaged or obstructing the public right of way, or otherwise. Spin's app has a "Help" button on the user interface that enables users to report any issues. Users and members of the public can also contact Spin's customer support via email (support(a-),spin.pm), phone, and social media for any issues or to make a relocation request. For additional details, please see https://help.spin.pm. GROUND OPERATIONS Spin's ground operations staff are hired locally and help ensure the safety, accessibility, and responsible placement of Spin vehicles. The exact number of locally hired staff will depend on the fleet size in operation. The ground operations staff perform two primary functions: • Maintenance • Every scooter is inspected for safety before deployment, with a recorded history of inspections and repairs. • All repairs and staff training are done by experienced mechanics. • Tune ups can be performed on the spot by the local operations team, who are equipped with the necessary tools. • Repairs are performed at the warehouse by mechanics. • All vehicles are inspected, at a minimum, for cleanliness, damage, and safe and reliable operation. • Fleet Management • Deploy vehicles in accordance with local rules. • Visually survey streets and sidewalks and reposition any obstructing vehicles. • Respond to and retrieve vehicles that have been marked for repair, relocation, or cleaning. • Rebalance/redistribute scooters based on usage patterns and based on any City request or requirements. • Work with contractors to pick up vehicles at the end of each day to charge overnight. PLACEMENT OF VEHICLES • Vehicles will be neatly placed by Spin staff on wide sidewalks and at or near public racks and corrals. • Vehicles will be neatly placed such that they do not obstruct the public right of way. RELOCATION REQUESTS • The City, Spin users and the general public can report vehicles 24/7 via the website, app, email, phone, or social media. 29 • Spin will dispatch a ground operations member to deal with vehicles reported as obstructing the public right of way or in violation of this Agreement as follows: o within three hours after a notification is received by Spin if the notification is received between the hours of 7am-10 pm weekdays and 9am to 12 pm (midnight) weekends and holidays. o within 5 hours after a notification is received by Spin if the notification is received between 10:01 pm and 6:59 am on weekdays and between 12:01 am and 8:59 am on weekends and on holidays. MAINTENANCE AND SAFETY Every Spin vehicle is inspected for safety, with a recorded inspection history, at least once per month. Vehicles requiring charging are picked up by our local operations team as a part of its daily responsibilities or are brought in by a member of our charger network. Spin's local operations team are trained by professional mechanics and inspect the following: • Handlebars • Brakes • Brake levers • Grips • Tires • Bell • Wheel lock • Exposed wires • Rear fender • Wheels • Rear red light • Front white light Once a vehicle has been repaired and/or cleaned, it goes through a quality assurance check before being processed for redeployment back into the field. REPORTING Spin will provide, at a minimum, quarterly reports to the City with aggregate usage data including: • Number of unique and separately total users in the system for the period • Number of trips generated for the month • Heat maps of usage trip showing top pick-up spots and drop-off spots. • Average trip length and trip time • Number of Retrievals of scooters from outside of the program boundaries Spin will also provide any additional data and information, at the request of the City, to assist with City oversight and transportation planning and to inform the City's potential future RFP process for Shared Mobility Device Services. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 17, adding Article V Sections 17-51 throughl7-53 to provide for the regulation of shared mobility devices. WHEREAS, there has recently been an influx of shared mobility devises such as dockless bicycles and motorized scooters within various municipalities in Miami -Dade County, including the South Miami, Coral Gable and City of Miami;. and WHEREAS, there is concern that many of these devices will be left on City right- of-way, and City sidewalks, blocking pedestrian access and creating public safety hazards; and WHEREAS, the operators of these shared mobility devices may be operating within the City without prior approval or authorization; and WHEREAS, the City has received numerous complaints about devices abandoned on private property and on City right-of-way; and WHEREAS, abandoned or improperly deployed shared mobility devices can impede the safe use of the City right-of-way and sidewalks, and create violations of the Americans with Disabilities Act; and WHEREAS, the proliferation of deployed and abandoned shared mobility devices throughout the City can create a public safety emergency requiring the City to act; and WHEREAS, the City recognizes the value of such shared mobility devices, and the desire of City residents and visitors to use such devices; and WHEREAS, the City has a right and duty to act in the best interest of the City to protect and enhance the public health, safety, and welfare, of its residents, businesses and visitors; and WHEREAS, it is in the City's best interest to regulate such operations of shared mobility devices in a uniform and reasonable manner to protect and enhance the quality of life for city's residents and the public health, safety, and general welfare; and WHEREAS, Section 316.008, Florida Statutes, entitled "Powers of local authorities" provides that a county or municipality may enact an ordinance to permit, control or regulate the operation of vehicles, golf carts, mopeds, motorized scooters, and electric personal assistive mobility devices with certain limitations; and WHEREAS, pursuant to Section 316.2128, Florida Statutes, the operation of motorized scooters may not be operated on sidewalks unless authorized by an ordinance enacted pursuant to Sections 316.008(7)(a) or 316.212(8); and Page 1 of 5 31 I WHEREAS, the City is working to develop a pilot program for shared mobility 2 devices within the City; and 3 4 WHEREAS, given the recent proliferation of shared mobility devices, and the need 5 for comprehensive regulations and guidelines, the City will not allow operation of shared 6 mobility device programs within the City unless those devices are in the City pursuant to 7 an executed memorandum of understanding with the City; and 8 9 WHEREAS, the City Manager may create a pilot programs within the City for a 10 six (6) month period, which may be renewed for one (1) additional year with approval by 11 the City Commission. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 14 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 15 16 Section 1. The foregoing recitals are hereby ratified and confirmed as being true 17 and correct and are hereby made a specific part of this Ordinance upon adoption hereof. 18 19 Section 2. Chapter 17 of the Code of Ordinances, City of South Miami, Florida, 20 is hereby amended to adding Article V, Sections 17-51 through 17-53 and shall read as 21 follows: 22 23 ARTICLE V. — BICYCLES, SKATEBOARDS, SCOOTERS, SHARED 24 MOBILITY DEVICES, AND OTHER SIMILAR DEVICES 25 26 Sec. 17.51 Applicabili , , Policy Statement and Purpose. This Article is 27 supplemental to the general laws of the State of Florida, including Chapter 316, 28 Florida Statutes, entitled "State Uniform Traffic Control." All definitions from 29 Section 316.003, Florida Statutes, are incorporated herein by reference, including 30 the definition of "Motorized Scooter." This Article shall apply to any and all 31 Motorized Scooters, Motorized Scooter Services, and Shared Mobility Devises in 32 general, operating within the corporate limits of the City of South Miami ("City"), 33 as permitted. This Article is intended to govern the operation of Motorized 34 Scooters, Motorized Scooter Services, and Shared Mobility Devices within the City 35 to ensure that they are consistent with the safety and well-being of all big clists, 36 pedestrians, and other users of the public rights -of -way. Shared Mobility Devices 37 may be operated on City sidewalks, provided such devises and their operation are 38 in compliance with all of the requirements of this Article and are not in violation of 39 any federal, state or county law. 40 Sec. 17.52-Definitions 41 (1) For purposes of this Article the following definitions apply: 42 "Abandoned Shared Mobility Device" means a Shared Mobility Device that 43 is in an unauthorized location for more than 24 hours or more than 5 hours 44 after being ee4eed notified of its unauthorized location. 45 "Motorized Scooter" means the same as defined in Section 316.003, Florida 46 statutes. 32 Page 2 of 5 I "Shared Mobility Device" means an individual device including, but not 2 limited to, motorized or electronic scooters, hkt2j2s, and other similar 3 devices, but does not include motor vehicles as defined by Chapter 316, Fla. 4 Stat. 5 "Shared Mobility Device Program" means a program in which Shared 6 Mobility Devices are made available for shared use to individuals on a 7 short-term basis at no cost or for a fee. 8 "Operator" means a person or business who deploys one or more shared 9 mobility devices to a user of the device that is being used within the City, 10 whether for free or for a fee. 11 Sec. 17.53 Operation of a Shared Mobility Device Program - Penalties and 12 Impoundment 13 (1) No Shared Mobility Device may be parked on any privately -owned property, 14 parking lot or driveway, or any publicly -owned property, parking lot, driveway 15 or right of way, without the consent of the owner, lessee, tenant or other person 16 entitled to manage or possess such premises, and, in the case of publicly -owned 17 property or right of way, without the consent and permission of the City 18 Manager or designee. 19 (2) No Shared Mobility Device that is located or used in the City may be: 20 Lal operated on City sidewalks at a speed that exceeds 15 mile per hour; 21 (b) parked or operated outside of any area designated for its use; 22 LcI parked other than in an upright position; or 23 (d) parked in a way that it impedes pedestrian use of a sidewalk. 24 (e) deployed inside or outside the City by an Operator, if the devise is used 25 in the City and the devise has the capability of reaching a speed greater 26 than 15 miles per hour on level ogr und. 27 (3) No Operator shall display, offer, or make any Shared Mobility Device available 28 for use within the City, unless the Operator has a 29 valid fully executed memorandum of understanding with the City or has 30 obtained approval from the City through an established process. The City 31 Manager shall set the boundaries within the City where Shared Mobility 32 Devices may operate and be parked, and the boundaries shall be described in 33 the memorandum of understanding. 34 35 (4) If two or more Shared Mobility Devices, that are owned or controlled by an 36 Operator without a valid memorandum of understanding with the City, are 37 found within the City at a location, it will be presumed that they have been 38 deployed to that location by that Operator, and it will be presumed that such 39 Operator is in violation of this Article. 40 41 (5) The location of all Shared Mobility Devices shall be controlled b t�perator 42 so that the devices cannot be operated outside the areas assigned to them in the 43 Operator's memorandum of understanding with the City. 44 45 (6) A violation of this Article is is punishable by 46 a fine of $500 for each violation. Each day a Shared Mobility Device is in the 33 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 City at a time when the devise, the Operator or the end user of the devise is in violation of this Article shall be considered a separate offence for each such devise that is in ..,hate., e f this A .. fiele (7) Impoundment: A Shared Mobility Device that is displayed, offered, made available for use in the City_by an 02erator operating without a valid memorandum of understanding with the City, or an Abandoned Shared Mobility Device, is subject to immediate impoundment by the City. To retrieve any impounded Shared Mobility Device an individual or entily must demonstrate proper proof of ownership and pay a $50 impoundment fee per device as well as any fine assessed against the device, the Operator and the end user of that device. Section 3. Codification. The provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of South Miami as amended. Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this ATTEST: CITY CLERK 1 st Reading 2nd Reading day of , 2019. READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: Commissioner Gil: 34 Page 4 of 5 a Y SW 64th St ace (a SW 67th SI U sw 681h St SW 691h St (J >ncia South Miami South Miamm Metr Station Par .uth a 9 7 L � A presaa Ave 1 x 1 N. ti 7 � 52 Proposed Service i Q/ Area Boundary ; 71tanir. Brewery 1 1 1 & Restaurant l a__ --Boundary Line , o' 1 1 1 SW 44th n — — — — — — — — 1' t t 31 �~ 1 1 1 Bank,of America 1 w R d Road Commons Financial Center ' 1 S�d�nt living ' I' 1 Five Guys 1 Murray Park 1 x 1 1 1 1 IL Q Publix Su C S1Y 48th rt 1 5w 6n+h s' Swc errs Gri tLe ll & L:D Bream Parlor V' 1 x Chase Bank Monza Ave Ice Vrn I a Ave e A Sunset Place 24 hole Foods Market O San Rcmo Ave San Homo Ave Google Page 5 of 5 35 MIAMI DAILY BUSINESS REVIEW PubUdW Daily except Saturday. Sunday and Legal Holldays Miami, Miami -Dade Co". Florida STATE OF FLORIDA COUNTY OF M1AM1-DADS: Wom the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she Is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Bustness Review fAda Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisemeM being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - FEB. 26. 2019 in the XXXX Court, was published In sold newspaper in the issues of 02/16/2019 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami, in said Miami -Dad e County, Florida and that the said newspaper has heretofore been continuously published In said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office to Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. 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' !AeP 4INow Pwe4s to uolMnBw ota xn eplAwd of 6S-LL 4Ona41 L9 -LL a 090e13 A epAM BUIPPe'LL +dida43'woveuPOID OM IWBM 4wd5 io 40 e4t Bulpdewe eaueulP4) W :-pmdoy pepteg of wllddV eowulWo -(9-flw aaoil 9 esn PBgW IouWO wowdo;wa Peweuo-Asmiol'(tril00oil 4IBI48nPUl lOn lowsy0 juewdOIDAeO PewePo-Rsmi wog sleamd up4ieo (a) Pue 19-flw pool.) 9 esn Pam wlCslo iuewdopAep petuep0-11wwl fit ("iN AOoi) 4: esn Ouft ioA%a 4uewAPlanso peesu0- MI W04:819arad uAw W Mouluozw 6uvlgA e41 6ulpnlPul lopMa tuewdopmo peluapo-A9uwl'e4t to ssodmd e41 Pus Weems esn PUBI ezWJ' mid enreus4wdwoo GLI110 qv j eouenpe o3.dew.BuwOi IBpWO w114w 4Lno610 46 e44 Bulpueure waulFUo uV SUN MY MRUAU tr 2019 NEIGHBORS 295E M14MIREULDJCOM CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South An Ordinance amending the City of South Miami Official Zoning Map to Miami, Florida will conduct Public Hearing(s) at its regular City Commission advance Goals of the Comprehensive Plan Future Land Use Element and meeting scheduled for Tuesday, February 26. 2019 beginning at 7:00 p.m., in the the purpose of the Transil-Oriented Development District including the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): following remnings: (1) certain parcels from Transit -Oriented Development An Ordinance providing for a Small -Scale Map Amendment to the City of District Mixed Use 4 (TODD MU-4) to Transit -Oriented Development South Miami Comprehensive Plan Future Land Use Map (FLUM): expanding District Mixed Use 5 (TODD MU-5): and (2) certain parcels from the boundary oflheTmnsit Oriented Development District (TODD) future land Transit -Oriented Development District Light Industrial 4 (TODD LI-4), use district by re -designating certain parcels. from Mixed -Use Commercial/ to Transit-Oriemed Development District Mixed Use 6 (TODD MU-6). Residential to Transit Oriented Development District. Ordinance Applies la Shaded Properties: An Ordinance amending the City at South Miami Official Zoning Map to advance Goals of the Comprehensive Plan Future Land Use Element and the purpose of the Transit -Oriented Development District by rezoning certain -- parcels from Medium-Inlensity Office (MO) to Transil-Oriented Development - District Mixed Use 5 (TODD MU-5). Above Ordinances Apply to Properties {: Indicated b y Perties MDD MU-6 — `— A_, ,1 dMOB,�.1PI I I c--� TODD MU4 — E � If TODD MU-5 An Ordinance modifying the following sections of the Land Development Code: Section 20-3.1 Zoning use districts and purposes (A) and (B): Section 20-3.3 Permitted Use Schedule; Section 20-3.4 Special Use Conditions: and Article Vlll, Transit -Oriented Development District, Sections 20-8.1 through 20-8.17. Ordinance Applies to all Properties with "TODD" Designation, including current and future designations: 1�' —arc ad An Ordinance amending the City of South Miami Code of Ordinances, Chapter 17, adding Article V Sections 17-51 through 17-53 to provide for the regulation of shared mobility devices. An OrdinanceamendingChapter 13A, Section 13A-2 andadding Section 13A-23 concerning the regulation of single -use carryout bags, plastic straws and single - use polystyrene containers, and pmviding for legislative intent, definitions, and establishing prohibition of and penalties for the use of these items. An Ordinance amending the City of South Miami Code of Ordinances. Chapter 15 Article M. Section 15-97 relating to noise exemption for Special events. All interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Nkenga A. Payne. CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person deu(IMciappeai,utyil'ccisammnde y�Boorli7xieuZyor Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to he based. W