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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #7265 Resolution Sponsored by: Commissioner Ken Russell, Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A ONE (1) YEAR PILOT PROGRAM FOR THE USE OF ELECTRIC CARGO BICYCLES ("E -CARGO BIKES") FOR DELIVERY PURPOSES AS AN ENVIRONMENTALLY FRIENDLY AND CONGESTION -REDUCING ALTERNATIVE TO LARGE DELIVERY TRUCKS IN THE DOWNTOWN AREA, BRICKELL AREA, AND CORAL WAY AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER PROVIDING MINIMUM REQUIREMENTS FOR PILOT PROGRAM PARTICIPATION, INCLUDING OBTAINING A CITY OF MIAMI ("CITY") BUSINESS TAX RECEIPT, INSURANCE, AND FURNISHING A SIGNED AND NOTARIZED HOLD HARMLESS FORM TO THE CITY. City of Miami city Hall 3500 Pan American Drive on Le islati g Miami, FL 33133 0 R� � www.miamigov.com Resolution Enactment Number: R-20-0150 File Number: 7265 Final Action Date:5/14/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A ONE (1) YEAR PILOT PROGRAM FOR THE USE OF ELECTRIC CARGO BICYCLES ("E -CARGO BIKES") FOR DELIVERY PURPOSES AS AN ENVIRONMENTALLY FRIENDLY AND CONGESTION -REDUCING ALTERNATIVE TO LARGE DELIVERY TRUCKS IN THE DOWNTOWN AREA, BRICKELL AREA, AND CORAL WAY AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER PROVIDING MINIMUM REQUIREMENTS FOR PILOT PROGRAM PARTICIPATION, INCLUDING OBTAINING A CITY OF MIAMI ("CITY") BUSINESS TAX RECEIPT, INSURANCE, AND FURNISHING A SIGNED AND NOTARIZED HOLD HARMLESS FORM TO THE CITY. WHEREAS, electric cargo bicycles ("E -Cargo Bikes") are an innovative new concept that provide for the delivery of goods to the Urban Downtown Areas in an environmentally friendly manner that also reduces congestion created by larger trucks ("Pilot Program"); and WHEREAS, this Resolution establishes the Pilot Program for the use of E -Cargo Bikes in three (3) areas of the City of Miami ("City") as more particularly described herein ("Pilot Program Areas"); and WHEREAS, the first Pilot Program Area is the City's Downtown Area, more specifically, the area bounded on the North by Interstate 395, on the South by the Miami River, on the East by Biscayne Bay, and on the West by Interstate 95 (1-95"); and WHEREAS, the second Pilot Program Area is the Brickell neighborhood, more specifically, the area bounded by the Miami River to the North, 1-95 to the West, Southeast 25th Road to the South, and Biscayne Bay to the East and inclusive of Brickell Key; and WHEREAS, the third Pilot Program Area is the commercial corridor of Coral Way, more specifically, Southwest 22nd Street, Southwest 3rd Avenue, and portions of Southeast 13th Street, officially known as Coral Way, bounded on the East by Brickell Avenue and on the West by the City Limits on Southwest 37th Avenue ("Douglas Road"); and WHEREAS, the Pilot Program Areas are more particularly depicted on Exhibit "A", attached and incorporated; and WHEREAS, the Pilot Program Areas relate to and are used and zoned primarily for businesses including financial institutions, offices, retail establishments, and other permitted business and commercial uses; and WHEREAS, pursuant to Section 2-33 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Commission is authorized to establish pilot programs which may not exceed one (1) year and may be, at the option of the City Commission, extended or reinstated for an additional year for a total period not to exceed two (2) years; and WHEREAS, E -Cargo Bikes are bicycles as defined by Section 316.003(4), Florida Statutes, because a bicycle is, "Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device"; and WHEREAS, the City continues to thrive as a growing hub of commerce, industry, diversity, and leisure; and WHEREAS, such growth naturally leads to increasing demands on the City's infrastructure, including congestion of City streets; and WHEREAS, the delivery of goods and packages significantly contributes to such congestion in the City; and WHEREAS, the Pilot Program Areas continue to be plagued with congestion and maintaining the status quo will not help solve this growing problem; and WHEREAS, the City Commission is committed to finding viable and sustainable options for alleviating demands on the City's infrastructure by reducing the number of larger trucks that overcrowd the streets of the Pilot Program Areas; and WHEREAS, the City Commission's commitment to developing a smart City blueprint and multi -modal transportation infrastructure includes support of innovative programs and businesses that reduce congestion; and WHEREAS, the use of E -Cargo Bikes for delivery purposes should reduce the number of delivery trucks on City streets, take idling delivery trucks off the roads of the Pilot Program Areas, and provide an environmentally friendly delivery alternative; and WHEREAS, the City Commission seeks to discourage the use of delivery trucks in the Pilot Program Areas during morning rush hour (8:00 a.m. — 10:00 a.m.) and evening rush hour (4:00 p.m. — 7:00 p.m.) during the work week; and WHEREAS, the implementation of an innovative new concept such as the use of E - Cargo Bikes for deliveries in the Pilot Program Areas has the potential to provide direct and immediate benefits to the City; and WHEREAS, the Department of Off -Street Parking (doing business as the Miami Parking Authority) ("MPA") is authorized to act as the City's delegate for purposes of monitoring compliance with this Pilot Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Pilot Program for the use of E -Cargo Bikes as described in this Resolution in the Pilot Program Areas as more particularly depicted on Exhibit "A", attached and incorporated, is established. Section 3. The Commission hereby authorizes' the use of E -Cargo Bikes on the streets of the Pilot Program Areas solely for purposes of delivering goods, packages, and services and for no other purposes whatsoever. Notwithstanding the provisions of Section 316.2065(1), Florida Statutes, E -Cargo Bikes may not be driven upon sidewalks or along crosswalks. Section 4. E -Cargo Bikes should seek to park in loading zones where available. However, where a loading zone is not available, E -Cargo Bikes should temporarily park in bicycle parking areas on the sidewalk or, subject to compliance with applicable parking regulations and restrictions, on the street in a manner that does not obstruct the public right-of- way for the duration of staging, loading, and unloading. Additionally: a. E -cargo Bikes may only be parked on private property with the permission of the private property owner. b. E -cargo Bikes may not be parked in a manner that would impede normal and reasonable pedestrian access on a sidewalk or in any manner that would reduce the minimum clear width of a sidewalk to less than three feet (3'). c. E -cargo Bikes may not be parked in a manner that would impede vehicular traffic. d. E -cargo Bikes may not be parked on a sidewalk that is less than six feet (6) in width. e. E -cargo Bikes may not be parked in a visibility triangle as defined in Section 54-1 of the City Code measured in accordance with Section 3.8.4 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended. f. E -cargo Bikes must be parked in a manner that is compliant with the applicable provisions of the Americans with Disabilities Act of 1990. g. E -cargo Bikes may not be parked in a way that blocks: (i) Fire hydrants call boxes or other emergency facilities; (ii) Transit facilities; (iii) Passenger loading spaces or zones; (iv) Valet parking service areas; (v) Railroad tracks or crossings; (vi) Disabled or prohibited parking zones; (vii) Street furniture that requires pedestrian access for use (benches, parking pay stations, bicycle/news racks, etc.); (viii) Building entryways; or (ix) Vehicular driveways. Section 5. The City and all City agencies and instrumentalities, including but not limited to the MPA, shall have no responsibility for the operations of E -Cargo Bikes or the conduct and skills of the drivers, maintenance, supervision, directions, maneuvering, riding, and parking of E - Cargo Bikes which will be the sole responsibility of the owners and operators of the E -Cargo Bikes who are required to carry insurance and hold harmless, indemnify, and defend the City and the MPA as required by this Resolution in connection with their use of the public right-of- way for such business purposes. E -cargo Bike drivers shall comply with all applicable laws, codes, and regulations governing bicycles and their operations. All E -Cargo Bike drivers shall be eighteen (18) years of age or older. Only one (1) person may ride on an E -Cargo Bike. Section 6. Minimum requirements. All persons, including, without limitation, natural persons, independent contractors, companies, and entities with riders participating in this Pilot Program ("E -Cargo Bike Participants") must comply with the following minimum requirements before they commence their participation and manifest continuing compliance throughout the period of the Pilot Program: a. Business Tax Receipt ("BTR") Required. Each company with E -Cargo Bike Participants must comply with Chapter 31, Article II of the City Code, titled "Local Business Tax", by obtaining a BTR. b. Insurance requirements. Each company with E -Cargo Bike Participants must have the following insurance coverages: Commercial general liability with limits of $1,000,000.00 per occurrence, $2,000,000.00 policy aggregate affording coverage for claims resulting from bodily injury (including death) and property damage. The policy shall be written on a primary and noncontributory basis and should insure against premises, operations, personal injury, and contingent and contractual exposures. The general liability policy must afford coverage and insure against exposures arising out of or in connection with the use, operations, or activities of E -Cargo Bikes contemplated under this Pilot Program. The insured person or entity shall further furnish the City with a policy affording coverage on all owned or leased E -Cargo Bikes with a combined single limit for bodily injury (including death) and property damage of $1,000,000.00 per occurrence. The City and the MPA shall appear listed as an additional insureds on all required liability policies, including but not limited to general liability, E -Cargo Bike, or similar policies. c. Workers' compensation subject to the statutory limits of the State of Florida. Waiver of subrogation should be included. d. The City's Risk Management Director retains the right to require additional insurance coverage in connection with the activities performed by the insured person or entity under this Pilot Program as may be determined in the sole discretion of the City's Risk Management Director considering the size of the fleet and other liability insurance - related factors. e. Failure to maintain required insurance coverage as detailed in this Resolution or as required by the City's Risk Management Director is cause for immediate cancellation of the approval to participate in the Pilot Program. f. Any insurance policy required by this Resolution must be on file with the City's Risk Management Department, in a form acceptable to the City's Risk Management Director, prior to operation pursuant to this Pilot Program. g. Insurance required under this Pilot Program must include a cancelation provision in which the insurance company is required to notify both the Insured Person or Entity and the City's Risk Management Director, or his or her designee, in writing not fewer than thirty (30) days before cancelling any insurance policy or before making a reduction in coverage. An insured person or entity, upon receiving said notice, shall file with the City's Risk Management Department, in a form acceptable to the City's Risk Management Director, any and all replacement insurance policies prior to the cancelation or reduction of the same. h. An E -Cargo Bike Participant may not be self-insured. Signed Hold Harmless Form Required. At the time of submitting the required insurance, the same Insured Person or Entity with E -Cargo Bike Participants in this Pilot Program will submit, in substantially the following form, legibly signed by the President, Chief Operating Officer, or General Manager of the Insured Person or Entity, which must be notarized, and directed to the attention of the City's Risk Management Director: "I/we, the undersigned [Official Company Name and Address, with contact person, and e-mail included], named participant(s) in the E -Cargo Bikes Pilot Program, will indemnify, defend, and hold harmless the City, the MPA and their officials, employees, agencies, and instrumentalities from any and all liability, losses, or damages, including any and all attorneys' fees and costs of defense, which the City, the MPA, and their respective officers, employees, agents, and instrumentalities may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature including, but not limited to, personal injury or wrongful death, property loss or damage, the conditions and features on all sidewalks and sidewalk areas, bike lanes or bike paths, streets, bay walks, or other areas within the City on which an E -Cargo Bike is operated, to the extent arising out of or in any way connected with the operation of the E -Cargo Bike. The insured person or entity with E -Cargo Bike Participants shall pay any and all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City or MPA, where applicable, including administrative, civil, trial, and appellate proceedings and shall pay any and all costs, judgments, and attorneys' fees which may issue thereon. The insured person or entity does expressly understand and agree that any insurance protection required by this Pilot Program, or otherwise provided or secured by an insured person or entity with E -Cargo Bike Participants, shall in no way limit the responsibility to indemnify, defend, and hold harmless the City, the MPA, and their respective officers, employees, agencies, and instrumentalities as required by the Pilot Program. The obligation to indemnify, defend, and hold harmless will survive the revocation, cancellation, or expiration of an approval to operate if the Business Tax Receipt ("BTR") required in connection with the undersigned's E -Cargo Bike business is revoked, the participant ceases to operate E -Cargo Bikes, and will continue beyond the duration of this Pilot Program to the extent allowed by Florida law. The insured person or entity will acknowledge on this form, which will include this indemnification, hold harmless, and duty to defend in the language, that the granting of the approval to operate in the Pilot Program is conditioned on the granting of this indemnification. The insured person or entity further acknowledges that E -Cargo Bikes not in full compliance with the Pilot Program may, at the sole option of the City, MPA, or their respective agencies, be summarily seized and sold. The insured person or entity further voluntarily and knowingly acknowledges they will make no claim and have no recourse from any seizure, impoundment, or sale of E -Cargo Bikes by the City or MPA. The form will include a legible signature and the title of the authorized signatory, the current local business address, a contact person, an e-mail address, must be notarized, and will be submitted along with the required Certificate of Insurance and proof of a current BTR. Compliance with these requirements are conditions precedent to participate and to remain in the Pilot Program. Labelling. E -Cargo Bikes shall be labeled on both sides with the business name, the business address, the business phone number, and an unique identification number identifying the E -Cargo Bike. k. Roster. E -Cargo Bike Participants shall make available, upon request of the City or MPA, a roster indicating the manufacturer's name, year, and model name, the unique identification number, overnight location, and date of last inspection of each E -Cargo Bike it operates pursuant to the Pilot Program. E -Cargo Bike Participants will develop E -Cargo Bike -related training sessions for all E - Cargo Bike operators regarding laws and regulations which apply to E -Cargo Bikes. m. Notification. E -Cargo Bike Participants shall assist and coordinate with the City and/or MPA in implementing a process to provide any available form of notice to E -Cargo Bike Participants where the operation of E -Cargo Bikes negatively impacts the regular functioning of a sidewalk or street. If the City or the MPA, who are authorized to perform monitoring and enforcement of the Pilot Program requirements, cannot locate the E - Cargo Bike Participants, the City and/or the MPA are authorized to impound, seize, remove, and store the E -Cargo Bikes and charge reasonable and incidental storage and personnel expenses incurred as a result. If the expenses are not paid immediately on demand or no later than thirty (30) days of when due, the E -Cargo Bikes may be sold or auctioned by the City and/or the MPA, as applicable, who will retain all proceeds of said sale or auction. Section 7. E -Cargo Bikes Participants are only authorized to allow the use of E -Cargo Bikes in the Pilot Program Areas. Use outside the Pilot Program Areas is not lawful, is not authorized, and the insured person or entity shall defend, hold harmless, and indemnify the City and MPA for every, any, and all liabilities, losses, or damages, including any and all attorneys' fees and costs of defense, which the City, the MPA, and their respective officers, employees, agencies, and instrumentalities may incur as a result of claims, demands, suits, causes of action, or proceedings of any kind or nature for E -Cargo Bikes operating outside the Pilot Program Areas including, without limitation, those listed in this Resolution and the impoundment, seizure, and possible sale of E -Cargo Bikes operating anywhere outside of the Pilot Program Areas in the City. Section 8. The City Commission will revisit this Resolution within one (1) year of its effective date or its commencement, whichever is later, to evaluate whether increased use of E - Cargo Bikes and reduced utilization of delivery trucks has contributed to a reduction in congestion as expected and whether additional action is appropriate regarding the use of E - Cargo Bikes, including, without limitation, discontinuing, modifying, or extending the Pilot Program pursuant to Section 2-33(c)(9) of the City Code as well as consideration for making the Pilot Program permanent. Section 9. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: Uri ndez,4yt 3/26/2020 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.