HomeMy WebLinkAbout18. Electric Scooter Pilot Program - Introduce Ordinance11MI-110L Cid
A-PPROVED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER
FROM: OFFICE OF THE CITY MANAGER
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JANUARY 14, 2020
1110111"1111112911"[0 11111111111•a .
n by-MeTO 5 T R R T P r, L Nwi 9 MT
3. AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS Tit!
THE AGREEMENT.
N64
of the nation. The operators offer users access to a pool of self-service electric scooters, which
are deployed for pick-up in locations in the public right-of-way. A user can access their smart
phone application to locate and unlock a scooter for use. The scooter -share service offers an
affordable, rapid, and convenient way to travel and has the potential to alleviate traffic
congestion, reduce parking demand, carbon emissions, and provide an efficient first -and -last -
mile transportation connections to transit service.
ELECTRIC SCOOTER PILOT PROGRAM
JANUARY 14, 2020
PAGE 2
Pilot Program ("Pilot Program"). RFQ's were sent to: Bird, Bolt, Gruv, Jump, Lime, Lyft, Sherpa,
Spin, VeoRide, Wheels, and Sun. In response, staff received one proposal from Sun Scooter
Inc. ("Sun"). The scope of work defined in the RFQ, included: building, maintaining, operating,
and marketing a complete electric scooter share and safety program, and providing monthly
reports with the appropriate ridership measures, data and fees to the City.
Based on a review of the submitted proposal and completion of this solicitation, it is staff's
opinion that Sun is a qualified firm to undertake this endeavor. Sun's project team has
established, and managed several other shared electric scooter programs at other
municipalities, such as the cities of Santa Ana and San Diego. Their understanding and
expertise of the subject, in addition to their experience with various jurisdictions, impressed
staff.
Based on staff research, it was determined that a 90 -day professional services agreement
would be adequate for a Pilot Program. As part of this agreement, Sun proposed paying the City
10 cents per ride; City staff further negotiated this amount to 20 cents per ride. The monthly
payment to the City will be based on the number of rides in a month as reported on a monthly
usage report. Based on an average of 6 rides per day per scooter, it is projected that the City
could receive approximately $9,780 during the 90 -day Pilot Program; and, as an example, could
potentially earn $43,800 per year.
As part of the Pilot Program, the service area will be bordered by Gallatin Road to the north,
Imperial Highway to the south, Paramount Boulevard to the west and Lakewood
Boulevard/Bellflower Boulevard to the east, as referenced in Exhibit "B" of the Professional
Services Agreement. Sun has proposed to deploy 50 electric scooters in their first week and
have a total of 100 devices by their third week of operation. A phased deployment schedule will
allow for a rigorous and controlled examination of the Pilot Program. The assessment will
examine the timing and locations of popular departure and destination points, the riding
behavior of users in the City, and the level of maintenance required to maintain the proposed
scooter deployment. Additionally, the electric scooter devices will operate utilizing a geofencing
system that will not allow users to ride outside of the service area.
Based on the information obtained from their assessment, Sun will move scooter devices into
designated zones every morning and make them available between 5 a.m. and 2 a.m. each
day. Throughout the day, mobile van teams will rebalance scooters and assess battery levels,
conducting systematic inspections to verify whether each deployed scooter is appropriate for
riding. During off hours, all scooters will be collected and sent to a designated warehouse to
clean, inspect, maintain, and repair before re -deploying at 5 a.m. Sun will also keep track of the
weather conditions and refrain from deploying any of its scooters during rainy conditions.
For scooter device reservations, a mobile application will be available for iOS and Android
devices. Customers who have downloaded the app and properly filled -out the usage
agreement, will be able to unlock a scooter device for one -dollar, and ride for 15 cents per
minute. Upon arrival to their destination, the customer is required to photograph the scooter
correctly parked before concluding their ride. Sun developed a machine -learning algorithm that
distinguishes correctly parked scooters from incorrectly parked scooters; this allows for Sun's
operation team to contact users who fail to park the scooters appropriately. This function
supports the capacity for ensuring that scooter devices are parked upright and clearly visible for
the next customer's rental.
ELECTRIC SCOOTER PILOT PROGRAM
JANUARY 14, 2020
PAGE 3
Additionally, Sun is a proponent of safe electric scooter riding and encourages it's customers to
wear a helmet. To take it a step further, Sun will set-up "Sun Spots" in Downey, where
customers can go to a participating business and pickup a free helmet. Customers will also be
able to order directly from Sun's website or smart phone application, users are only responsible
for the shipping costs.
In addition, Article 5, of Chapter 1, of Division 11 of the California Vehicle Code regulates the
operation of motorized scooters and does not allow them to be ridden on highways in excess of
25 miles per hour; unless the motorized scooter is operated within a Class II or Class IV
bikeway or via ordinance approval by the public jurisdiction. As a result, an ordinance is being
introduced to add Section 3164.1 — Operation of Motorized Scooters on Highways to Part 8
("Miscellaneous Driving Rules") of Chapter 1 ("Traffic Regulations") of Artilce III ("Public Safety")
of the Downey Municipal Code to allow the operation of motorized scooters on highways under
35 miles per hour within the Service Area.
If approved, the first phase of the Pilot Program will deploy 50 electric scooter devices on
February 28, 2020. The second phase deploying the remaining 50 electric scooter devices will
be completed by mid-March of 2020. Once the system is in place, Sun will market the program
and will work in educating the community regarding safe electric scooter riding through social
media and pop-up events.
Efficiency & Adaptability
Quality of Life, Infrastructure & Parks
[1&107=1 a I i►,1:7_T+1
It is estimated that the Shared Electric Scooter Pilot Program will generate $9,780 to the
General Fund through the three month pilot program.
ATTACHMENTS
Atachment A — Sun Scooter, Inc. Professional Services Agreement
Attachment B — Ordinance
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH SUN SCOOTER INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this day of January, 2020 by and
between the City of Downey, a California municipal corporation and charter city with its
principal place of business at 11111 Brookshire Avenue, Downey California 90241
2nd Sun Scooter Inc., a Delaware Corporation, with its principal place of business at 1131.3
Malat Way, Culver City, CA 90230 ("Operator"). City and Operator are sometimes
individually referred to as "Party" and collectively as "Parties."
Operator desires to perform and assume responsibility for the provision of certain
professional Shared Electric Scooter services required by City on the terms and conditions
set forth in this Agreement. Operator represents that it has demonstrated competence and
experience in providing Shared Electric Scooter services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
City desires to engage Operator to render such services for the Shared Electric
Scooter Pilot Program project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Operator promises and agrees to furnish to
City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Shared Electric Scooter services
necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be
performed in the Service Area described in Exhibit B attached hereto and incorporated by
reference herein. The Services are subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from February 28, 2020 to
May 28, 2020, unless earlier terminated as provided herein. Operator shall complete the
Services within the term of this Agreement, and shall meet any other established schedules
and deadlines. This Agreement may be extended by written agreement signed by the City
Manager and Operator for two additional 3 -year terms.
3.2.1 Control and Pavment of Subordinates: Independent Contractor. The
Services shall be performed by Operator or under its supervision. Operator will determine
the means, methods and details of performing the Services subject to the requirements of
this Agreement. City retains Operator on an independent contractor basis and not as an
employee. Operator retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Operator shall also not be employees of City and shall at all times be
under Operator's exclusive direction and control. Operator shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under
this Agreement and as required by law. Operator shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
In the event that Operator or any employee, agent, or subcontractor of Operator
providing services under this Agreement claims or is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible
for enrollment in CaIPERS as an employee of City, Operator shall indemnify, defend, and
hold harmless CITY for the payment of any employee and/or employer contributions for
CaIPERS benefits on behalf of Operator or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would otherwise
be the responsibility of City.
3.2.2 Schedule of Services. Operator shall perform the Services expeditiously,
within the term of this Agreement. Operator represents that it has the professional and
technical personnel required to perform the Services in conformance with such conditions.
City shall respond to Operator's submittals in a timely manner. Upon request of City,
Operator shall provide a more detailed schedule of anticipated performance to meet any
schedule of services. he parties acknowledge that the Schedule of Services may be
amended by mutual agreement due to changes in circumstances, including changes in the
performance schedules of other third parties performing work for the City on the Project,
which affect the timing of Operator's performance of the Services.
3.2.3 Conformance to Applicable Reciuirements. All work prepared by
Operator shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Operator has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Operator may substitute other personnel
of at least equal competence upon written approval of City. In the event that City and
Operator cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
2
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by
the Operator at the request of the City.
3.2.5 Cit's Representative. The City hereby designates the Director of
Community Development, or his or her designee, to act as its representative for the
performance of this Agreement ("City's Representative"). City's Representative shall have
the power to act on behalf of the City for all purposes under this Contract. Operator shall not
accept direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Operator's Representative. Operator hereby designates Kevin Ellyson,
or his or her designee, to act as its representative for the performance of this Agreement
("Operator's Representative"). Operator's Representative shall have full authority to
represent and act on behalf of the Operator for all purposes under this Agreement. The
Operator's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Operator agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, Operators and other staff
at all reasonable times.
3.2.8 Standard of Care; Performance of Emplovee. Operator shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Operator represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Operator warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Operator represents that it, its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in the
indemnification provisions of this Agreement, Operator shall perform, at its own cost and
expense and without reimbursement from the City, any services necessary to correct errors
or omissions which are caused by the Operator's failure to comply with the standard of care
provided for herein. Any employee of the Operator or its sub -Operators who is determined by
the City to be uncooperative, incompetent, a threat to the adequate or timely completion of
the Project, a threat to the safety of persons or property, or any employee who fails or refuses
to perform the Services in a manner consistent with the standard of care set forth herein,
shall be promptly removed from the Project by the Operator and shall not be re-employed to
perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Operator shall keep itself fully informed of and in
compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Operator and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
and shall give all notices required by law. Operator shall be liable for all violations of such
laws and regulations in connection with Services. If the Operator performs any work knowing
it to •' contrary to such laws, rules and regulations and • giving written notice to the
City, Operator shall •^ solely responsible for all costs arising therefrom. Operator shall
defend, indemnify and hold City, its officials, directors, officers, employees and agents free
and harmless, pursuant to the applicable indemnification provisions of this Agreement, from
any claim or liability arising out of any failure or alleged failure to comply with such laws, rulcz
or regulations. Operator's violation of such laws, rules and regulations shall also constitute a
material breach • this Agreement.
3.2.10.1 Time for Compliance. Operator shall not commence the
Services or the Project under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Operator shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
3.2.10.2 Minimum Requirements. Operator shall, at its expense,
to persons or damages to property which may arise from or in connection with the
performance of the Agreement, the Services or the Project by the Operator, its agents,
representatives, employees or subcontractors. Operator shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scooe of Insurance. (1) Commercial General
Liability (CGQ: Insurance Services Office Form CG 00 01 covering CGL • an •
basis including products and completed operations, property damage, bodily injury and
personal and advertising injury; (2) Automobile Liability- Insurance Services Office Form
Number CA 0001 covering Code 1 (any auto) or if Operator owns no autos, Code 8 (hired)
and 9 (non -owned); and (3) Workers' Compensation: Workers' Compensation insurance as
required by the State of California with Statutory Limits; and (4) Employer's Liability
Insurance.
(B) Minimum Limits of Insurance. Operator shall maintain
limits no less than: (1) Commercial General Liability (CGQ: No less than $2,000,000 •'
• for products and completed operations, bodily injury, property damage and
personal and advertising injury. If Commercial General • • or other • with
0
general aggregate limit applies, either the general aggregate limit shall apply separately to
this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per
accident for bodily injury and property damage; and (3) Workers' Compensation: Workers'
Compensation limits as required by the Labor Code of the State of California with Statutory
Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per
accident for bodily injury or disease. Employer's Liability coverage may be waived by the City
if City receives written verification that Operator has no employees.
If the Operator maintains broader coverage and/or higher limits than the minimum shown in
this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Operator. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to the
City.
3.2.10.3 Professional Liability(Errors & Omissions). Operator shall
procure and maintain, and require its sub -Operators to procure and maintain, for a period of
five (5) years following completion of the Services or the Project, errors and omissions liability
insurance appropriate to its profession. Such insurance shall be in an amount not less than
$2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed
to include contractual liability. If the Operator maintains broader coverage and/or higher limits
than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to
the broader coverage and/or higher limits maintained by the Operator. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Operator shall provide endorsements on forms approved
by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to
liability arising from the work, Services, Project or operations performed by or on behalf of the
Operator, including materials, parts or equipment furnished in connection with such work,
Services, Project or operations; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Operator's scheduled
underlying coverage. Commercial General Liability insurance coverage may be provided in
the form of an endorsement to the Operator's insurance (at lease as broad as ISO Form CG
20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later
revisions are used).
(B) Waiver of Subrogation. Operator hereby grants to City a
waiver of any right to subrogation which any insurer of said Operator may acquire against the
City by virtue of the payment of any loss under said insurance policies set forth herein.
Operator agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
(C) All Covera es. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except with written notice by certified mail, return receipt requested to
the City; and (B) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coverage. For any claims related to this
Agreement, the Operator's insurance coverage shall be primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall
be excess of the Operator's insurance and shall not be called upon to contribute with it in any
way.
3.2.10.6 Se aration of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self -Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. City may
require Operator to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self-insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acceptabilitv of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
3.2.10.9 Verification of Coverage. Operator shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Operator's obligation to provide them to the City. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Operator must
purchase extended reporting coverage for a minimum of five (5) years after completion of the
Services under this Agreement.
3.2.11 Safetv. Operator shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Operator shall at
all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance • all safety measures.
• # =•
3.3.1 Compensation. In consideration for the City allowing Operator to
perform the Scope of Services in its public rights of way as set forth in Exhibit "A", Operator
shall compensate City in the manner described in Exhibit "C" ("Compensation") attached
hereto and incorporated by reference herein.
C% 4 Accounting Records.
3.4.1 Maintenance and Inspection. Operator shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Operator shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Operator shall allow inspection of
all work, data, documents, proceedings, and activities related to the Agreement for a period
of three (3) years from the date of final payment under this Agreement.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Operator, terminate the whole or any part of this Agreement at any time either for cause or for
the City's convenience and without cause by giving written notice to Operator of such
termination, and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Operator may only terminate this Agreement for cause
upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Operator shall be compensated only for those services which have
been adequately rendered to City, and Operator shall be entitled to no further compensation.
The City shall within fifteen (15) calendar days following termination pay the Operator for all
services adequately rendered and all reimbursable costs incurred by Operator up to the date
of termination, in accordance with the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
• Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
• Suspension of the Project or the Operator's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
• Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Operator to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Operator in connection with the
performance of Services under this Agreement. Operator shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
M
Sun Scooter, Inc.
11313 Malat Way
Culver City, CA 90230
Phone: (310) 663-4965
E -Mail: kevin.ellvson(aD-sunscooter.co
Attn: Kevin Ellyson,CEO and Co -Founder
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: City Manager
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
�► • • +w r-
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied
in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Operator under this Agreement ("Documents & Data").
Operator shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents & Data the subcontractor prepares under
this Agreement. Operator represents and warrants that Operator has the legal right to
license any and all Documents & Data. Operator makes no such representation and
warranty in regard to Documents & Data which were prepared by design professionals other
than Operator or provided to Operator by the City. City shall not be limited in any way in its
use of the Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Operator in
connection with the performance of this Agreement shall be held confidential by Operator.
Such materials shall not, without the prior written consent of City, be used by Operator for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Operator which is otherwise known to Operator or is generally
known, or has become known, to the related industry shall be deemed confidential. Operator
shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to
the Services or the Project in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City.
3.5.4 Cooperation, Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attome 's Fees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification.
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to "design professionals" only, Operator shall defend (with
counsel acceptable to City), indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, or claims or actions brought against the City pursuant to the
Americans with Disabilities Act or any other disability laws, in any manner arising out of or
incident to any alleged negligent acts, errors, omissions or willful misconduct of Operator, its
officials, officers, employees, agents, consultants and contractors arising out of or in
connection with the performance of the Scope of Services, the Project or this Agreement,
including without limitation the payment of all consequential damages and attorneys' fees and
other related costs and expenses. Operator shall defend, at Operator's own cost, expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against City, its directors, officials, officers, employees,
agents or volunteers. Operator shall pay and satisfy any judgment, award or decree that may
10
be rendered against City or its directors, officials, officers, employees, agents or volunteers,
in any such suit, action or other legal proceeding. Operator shall reimburse City and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Operator's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
and agents or volunteers. Operator shall not be obligated to defend, indemnify or hold the
City harmless in any manner whatsoever for any claims or liability arising solely out of the
City's own negligent acts, errors or omissions or willful misconduct.
3.5.6.2 Desiqn Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Operator is a "design professional" within the
meaning of California Civil Code section 2782.8(c). If Operator is a "design professional"
within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to
the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and
2782.6), Operator shall defend (with legal counsel reasonably acceptable to City), indemnify
and hold harmless City and City's officers, officials, employees, volunteers and agents from
and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in
whole or in part, the negligence, recklessness, or willful misconduct of Operator, any
subOperator, subcontractor or any other person directly or indirectly employed by them, or
any person that any of them control, arising out of Operator's performance of any task or
service for or on behalf of City under this Agreement. Such obligations to defend, hold
harmless and indemnify City or any City officers, officials, employees or volunteers shall not
apply to the extent that such Claims are caused in part by the sole active negligence or willful
misconduct of City or such City officers, officials, employees, volunteers and agents.
Operator's cost to defend City and/or City's officers, officials, employees or volunteers against
any such Claim shall not exceed Operator's proportionate percentage of fault with respect to
that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more
defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the
business, Operator shall meet and confer with City (and, if applicable, other parties)
regarding any unpaid defense costs. To the extent Operator has a duty to indemnify City or
any City officers, officials, employees, volunteers and/or agents under this subdivision
3.5.6.2, Operator shall be responsible for all incidental and consequential damages resulting
directly or indirectly, in whole or in part, from Operator's negligence, recklessness or willful
misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governin Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
ii
3.5.10 Citv's Riqht to EmgLoy Other Ooerators. City reserves right to employ
other Operators in connection with this Project.
3.5.11 Successors and Assiqgs. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assionment or Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction,� References: Captions. Since the Parties or their agents
have participated fuliy— in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Operator include all personnel, employees,
agents, and subcontractors of Operator, except as otherwise specified in this Agreement. All
references to City include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
001;A0111ollop MOMMO HIM - a -
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any oth
default or breach, whether of the same or other covenant or condition. No waiver, benefiti
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Partv Beneficiaries. There are no intended third party
�,eneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
A�rovisions shall continue in full force and effect.
3.5.18 Prohibited Interests.. Operator maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Operator, to solicit or secure this Agreement. Further, Operator warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Operator, any fee, commission, percentage, brokerage fee, gift or other
12
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the
term of his or her service with City, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom.
3.5.19 Egpgl 0
Rportunitv Employmen . Operator represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non -d iscrim i nation shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertg,
layoff or termination. Operator shall also comply with all relevant provisions of any City
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Operator certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authoritv to Enter Aweement. Operator has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
3.6.1 Prior Approval Reauired. Operator shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Operator shall require and verify that all subcontractors maintain insurance
meeting all of the requirements set forth in this Agreement. Operator shall ensure that City is
an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement.
W
CITY OF DOWNEY,
a California municipal corporatior
and charter city
By:
Blanca PachecoMayor
I., U M -
am*=
Approved as to Fonn:
Attorney
ttor".
i Attorney
it f
By:
Kevin Ellyson
Its: CEO and Co -Founder
FJ MoMeT 77-37. � M "o9o"t i
[is
EXHIBIT "A"
At Sun, our mission is to provide Downey natives a fun, convenient, reliable, cost-effective, and green
energy solution for their "last -mile" transportation needs. After conducting a thorough market analysis,
it is clear that the conclusions report an immediate demand for this type of innovative transportation
service. Thus, Sun intends on shouldering the entire cost of operations within the Service Area
suggested by the City of Downey.
A, 1 . Proposed Electric Scooter Deployment Fleet Size & A.2. F roiected Deployment Schedule: We
propose to operate 100 Sun S1 smart electric scooters within a phased deployment schedule. A
phased deployment schedule allows rigorous, controlled examination of the timing and locations of
popular departure and destination points, the riding behavior of users in the city of Downey, as well as
the level of maintenance required to maintain the proposed scooter deployment.
9 Week (1) — Deploy 50 electric scooters > Week (3) — Deploy 50 additional scooters
B.1. Hardware Functionality, Capacity, and Designation: The Sun fleet is comprised of durable,
custom scooters developed in partnership with a leading shared scooter manufacturer. The scooters
are procured through a direct purchase agreement with the manufacturer. Sun customizes the units
with proprietary hardware and firmware necessary for successfully conducting Downey's electric
scooter mobility platform. A paint scheme endorsing Sun Scooter's brand will be applied to each
scooter prior to deployment. City employees and/or members of the public will easily find contact
information on the scooter in order to initiate any requests or reports.
Core Features: Front Head Light (Software/Time Controlled), Aluminum Frame with Steel Forks,
10" Puncture Resistant Tires, Thumb Throttle and Hand Brake, Software Adjustable Speed, Spring
Shock Absorbers, Electromagnetic Brake and Mechanical Drum Brake, Bell, Integrated IOT Module,
LED Reflective Rear Safety Lights, Customizable Front Speaker, Front Facing Camera, Geofence
Functionalities (Motor Deactivation, Power Limitation, Speed Limitation), Scooter Movement Alert,
Topple Alert.
Range
Max Battery
Life
Total Scooter
00ter
1ht
Motor Power
_991PY-t-
Batte
Front Tire
Diameter
k Tire
Diameter
25 Miles
4 Hours
-1-5 74iiIes/M+&!r
40 Pounds
700 Watts
36 Volts 112.8 Ah
10 Inches
U111M
B.1.3. Remote Control Protocol: The firmware installed on all Sun S1 scooters allows for complex
remote control notifications and capabilities. For instance, each scooter in the fleet is deployed with a
mechanical device that informs our operations team within a 5 -second time interval whether a scooter
I
is tilted more than 600 away from its standard, upright angle (i.e., 900 relative to the ground). This
ensures a reasonable response time from our operations team to reposition scooters lying on the
ground due to pedestrian or rider abuse. Furthermore, the headlight of each Sun S1 scooter can be
controlled remotely and independently. By default, each scooter's light is pre-programmed to turn on
at a pre -determined time. However, if necessary, our operations team is capable of manipulating the
onset of each independent scooter's light fixture remotely for one scooter, a batch of scooters, or the
entire fleet.
Last but not least, in accordance with the City of Downey's riding/parking requirements, the Company
is capable of implementing various types of geo-fenced areas. These areas are visually represented
in all maps within the program. The largest geofence that we draft is the Service Area, which
encompasses the entire geographic region that we operate in. If users ride or park the scooter outside
the perimeter of the Service Area, users will be reprimanded via push notifications through the mobile
application. Sun currently implements four types of geofences:
Geofence Type #1 — Service Area: Imperial Highway, Paramount Boulevard, Gallatin Road,
Bellflower Boulevard, and Lakewood Boulevard surround the Downey Service Area. Scooters will only
be able to be unlocked and locked within the Service Area.
Service Area
No Parking zona
Suggested Parking
M
Geofence Type #2A and 2 — No Parking Zone/Suggested Parking Zone: Within the Service
Area, we prevent over -cluttering in congested locations of the city and accommodate city requests by
defining geofenced zones where users are prohibited from parking scooters. We also define specific
geo-fenced areas suggesting where users can park in order to receive credit for their next ride. This is
particularly critical for ensuring that the migration of scooters does not result in oversaturation in one
particular part of the Service Area.
Geofence Type #3 — Slow Area: Scooters in this area are slowed to a maximum of 5 mph. This type
of Service Area is typically implemented in areas that exhibit higher levels of pedestrian traffic.
Furthermore, this type of geofence also normally surrounds the Service Area, in order to prevent theft
and riders from frequently leaving the Service Area.
Installation of Scooters in the Service Area shall comply with the Americans with Disabilities Act and
not otherwise impede access of the public rights of way in the Service Area by persons with
disabilities. Sun shall be responsible for retrieving and/or correcting scooters not parked appropriately
and impeding the public right-of-way.
B.2 & B.3. Additional Signage or Structural Requirements: Sun will not require any additional signage
or structures for conducting the Pilot Program.
C.2. Maintenance: Sun's operations team coordinates its activity according to three major shifts: High
usage, Low usage, and Afterhours. During High usage hours, the operations team will be mainly
engaged in ensuring that scooters are properly distributed throughout the City in which they are geo-
fenced. However, during Low usage hours, the operations team shifts its focus towards prioritizing
field operations, which is divided into maintenance and repairs. Following normal hours of operation,
mechanics and the operations team will also gather scooters and clean, inspect, maintain, and repair
them at one of the designated warehouses.
C.2.1. Field Maintenance and Repair: Throughout the day, mobile van teams will rebalance scooters,
and assess battery levels conducting systematic inspections to verify whether each deployed scooter
is appropriate for riding.
C.2.2. Reported Repair: Through our mobile application, users will be able to report whether any
issues stem from riding a scooter. For instance, users can report if they are unable to connect to a
scooter through the app and if a scooter is inoperable. In either of these cases, an operations team is
notified, and a field mechanic is deployed.
C.2.3. Inclement Weather: In response to rainy conditions, Sun will refrain from deploying any of its
scooters. In an effort to prevent deployment under rainy conditions, Sun will monitor local weather
patterns to remain abreast of any potential downpour.
C.3. Flours of Operation: Sun scooters will be available every day from 5 am until 2 am the following
day. Our operations team will move the scooters into designated zones every morning, to be in place
for all users each day.
.4. Local and Remote Staffing: Our company has a HQ in Los Angeles, and comprises of the
following team also dedicated to the Operations in Downey:
• CEO — Kevin Ellyson
• CTO — Mac Xing
• COO — Shaq Bdair
• Human Resources & Office — (3) Full Time Employees
• Engineering — (6) Full Time Employees
• Product — (2) Full Time Employees
• Hardware — (4) Full Time Employees
• Operations — (10) Full Time Employees
• Finance — (2) Full Time Employees
• Marketing and Partnerships — (5) Full Time Employees
• Government Relations Team — (2) Full Time Operators
Complete Contact Information for Downey City Manager, Kevin Ellyson:
• Phone — (310) 663-4965
• E-mail — kevin.eliysonsunscooter.co
Our City Manager will be available 24 hours per day, 7 -days per week, to respond and remedy any
City requests, emergencies or any other issues that may arise.
4
who are only responsible for t e shipping costs. He mets can be ordered within t e app.
supply the City of Downey with helmets, we will setup Sun Spots, where users in Downey can go to
participating business and pickup a free helmet right on the spot, We will show this location both
our app and our website as a participating location and let all registered app user's pickup their r
helmet to keep the riders of Downey safe.
C.12. Sun Scooter Brand IntegLity: By constantly monitoring the location of our scooters and
rebalancing, the Company is able to mitigate the amount of abuse experienced by the scooters in ou
fleet. Furthermore, prior to deployment, each scooter is inspected and steam washed to ensure that
the scooter is clean and appropriate for our users.
ID, 1. Publicize and Market the Pilot Pro ram including Community Engagement: To create a lasting
shared scooter program in Downey, Sun will be committed to cultivating relationships with residents,
business owners, key stakeholders and community groups. Sun will reach out to the neighborhood
groups and businesses. We will hold monthly safety forums in the Downey Service Area to educate
riders on safe riding practices, and about the overall usage and fun mode of transportation we have
provided for the City. Downey Chamber of Commerce, Aerospace Legacy Foundation, Downey
Coordinating Council, and the Rotary Club of Downey are some examples of City groups and
organizations we intend on reaching out to and working with in the near future.
We plan on attending various local events such as the Fiesta de las Calaveras, Dia de los Muertos
Taco Festival and the Downey Christmas Parade. At these specific events and others, we plan on
educating the residents on how a proper shared scooter program functions, operates and can benefit
them as residents of Downey. We will demonstrate our shared scooters and allow people to take short
trips on them to gain familiarity and understanding of this new mode of transportation. We plan to
create informational booths and seminars centered around shared scooters in Downey, to gain
resident buy -in and create a lasting, successful program in the City. At these events we can also hand
out free helmets, which will foster safety awareness within the community. We can also hand out
riding credits for residents who attend, which will give them 15 minute rides for free.
D. 2 .Coen Access & Multilin.. ua-I au000rt:
Sun's platform was designed with all users in mind, regardless of their means. Typically, Sun scooters
are unlocked for $1 and cost $0.15/minute. Users who qualify for low-income programs will be able to
use Sun scooters with a waived (free to unlock) start-up fee and half -the usual rate (i.e.,
$.075/minute). Sun also intends on servicing customers without a smartphone or credit card by
allowing users to unlock scooters via text message to our Downey operations team. We intend on
partnering with local businesses where individuals can go to provide cash payments for specific
blocks of time that are then added to that customer's in -app "wallet," Afterwards, the user will be able
to text our operations team the scooter ID of the scooter that they are interested in unlocking. Our
operations team will then unlock the scooter remotely.
T 17FM,7- 11 ?WWAI
following languages: (1) Spanish, (2) Chinese, (3) Vietnamese, and (4) Korean. Upon opening the
app, first-time users will be able to select their language of choice. Sun expects additional languages
to be fully implemented within the next (3) months,
Exhibit "B"
Exhibit "C"
• •" �' • • ` • •. -•1 • . • moi- •• •- - • .
For sle, a user unlocks an electric scooterdevice and rides it for
charged $1.00 to unlock the device plus $1.50 for the ten (10) minutes of use (use charge is
$0.15 per minute); the City shall receive $0.20 of the $1.00 charged to unlock the electric
scooterdevice.of • • who qualifies forthe low-income program •
unlocks an electric scooter device and rides it for ten (10) minutes, the user is not charged to
unlock the device and is charged $0.75 for the ten minutes of use ($0.075 per minute); the
City shall receive $0.20 of the $0.75 charged for the ride.
Monthly reports y commence -!• ! the recorded i - on -1stof each month,- •
reports• the City shall be • • no later than theOtt'of each ! Payments to the
City shall be received no later than the 15 th of each month; if the 15 th of the month lands on,? -
weekend or holiday, the payment shall be due the next working day. Payments shall be
received by the City via company check, money order, and/or wire transfers; no cash
•.yments permittei
As an example,electric scooterrides recorded in the monthof December (December •
Exhibit r;
Prohibited Electric Scooter Drop -Off and Pick -Up Zones
The following areas have been identified as zones prohibited to drop-off and pick-up electric
scooters:
1. Residential streets;
2. Within 25 feet of any street intersection;
3. Within 25 feet of traffic control devices including traffic signals and traffic signs;
4. Within 25 feet of fire hydrants, Fire Department connections, fire call boxes and
emergency facilities;
5. Within 25 feet of driveway aprons;
6. Within 25 feet of marked crosswalks;
7. Within 25 feet of the curb return of unmarked crosswalks;
8. Within 25 feet of entrance or emergency exit of any business;
9. Within any median strip or dividing section of any street;
10. Within any parking lot or parking structure;
11. Within any landscaped area or unpaved surface; and,
12. Any area where e -scooters will block or obstruct free movement of pedestrians on
sidewalks and shall maintain minimum of 48 inches of accessible path of travel.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE ADDITION OF SECTION 3164.1 "OPERATION OF MOTORIZED SCOOTERS
ON HIGHWAYS" TO PART 8 "MISCELLANEOUS DRIVING RULES" OF CHAPTER
1 "TRAFFIC REGULATIONS" OF ARTICLE III "PUBLIC SAFETY" OF THE
DOWNEY MUNICIPAL CODE
WHEREAS, Section VII of Article XI of the California Constitution provides that a city
may make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws; and,
WHEREAS, Article 5 of Chapter I of Division 11 of the California Vehicle Code regulates
the operation of motorized scooters; and,
WHEREAS, California Vehicle Code authorizes local authorities, by ordinance, to
regulate the registration of motorized scooters, as well as the parking and operation of
motorized scooters on pedestrian or bicycle facilities and local streets and highways, if not in
conflict with the California Vehicle Code; and,
WHEREAS, Section 21235(b) of the California Vehicle Code prohibits motorized
scooters on highways in excess of 25 miles per hour unless the motorized scooter is operated
within a Class 11 or Class IV bikeway; and,
WHEREAS, Section 21235(b) of the California Vehicle Code authorizes local authorities,
by ordinance or resolution, to authorize the operation of motorized scooters outside of a Class 11
or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour; and,
WHEREAS, the City Council of the City of Downey finds that there is a need to regulate
operators and users of shared mobility devices — including motorized scooters, on City streets
and public rights-of-way; and,
WHEREAS, on September 10, 2019, the City Council, directed staff to investigate and
procure proposals from vendors to provide shared -use scooter services within a specified
Service Area of the City as part of a pilot program ("Pilot Program"); and,
WHEREAS, the Service Area is currently defined as the areas east of Paramount
Boulevard, north of Imperial Highway, west of Bellflower Boulevard, west of Lakewood
Boulevard, and south of Gallatin Road; and,
WHEREAS, On September 20, 2019, staff released a Request For Qualifications
("RFQ") and invited 11 firms to submit their qualifications to operate and maintain the Pilot
Program; and,
WHEREAS, the scope of work identified in the RFQ included: building, maintaining,
operating, and marketing a complete shared -use electric scooter and safety program within the
Service Area; and,
WHEREAS, On October 11, 2019, staff received one response proposal from Sun
Scooter Inc, ("Sun"); and,
WHEREAS, the City Council of the City of Downey seeks to approve the Pilot Program
for a period of 90 -days from the effective date of this Ordinance, and to authorize the
Community Development Department to issue a permit to a pilot program operator that is
qualified in a manner consistent with the RFQ, subject to approved Rules and Regulations; and,
UIMTOHV��
$I I 1 0
1:77yel
WHEREAS, the City Council of the City of Downey seeks to authorize the Community
Development Director to implement and the City of Downey to enforce Rules and Regulations
for the operation of the Pilot Program within the City in a manner consistent with State law,
including the parking and operation of shared motorized scooters on pedestrian or bicycle
facilities and local streets and highways within the City; and,
WHEREAS, by implementing the Pilot Program, the City intends to study the data
collected during the pilot period to determine the feasibility of a permanent shared -use mobility
device program (inclusive of motorized scooters and other shared mobility devices), to obtain
public and business community feedback, and to modify the Rules and Regulations, if
necessary. to ensure safe and equitable access and adequate maintenance and operations
throughout the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Sections 3164.1 ("Operation of Motorized Scooters on Highways") of the
Downey Municipal Code is hereby added to of Part 8 ("Miscellaneous Driving Rules") of Chapter
1 ("Traffic Regulations") of Article III ("Public Safety") of the Downey Municipal Code to read as
follows:
(A) No person shall operate any motorized scooter (as defined by Section 407.5 of the
California Vehicle Code) on any highway, except as authorized by Section 21235(b) of
the California Vehicle Code or by this Section:
(1) Motorized scooters may be operated outside of a Class 11 or Class IV bikeway (as
defined by Section 890.4 of the California Streets and Highways Code) on the
following highways within the City:
(a) Downey Avenue. Between Firestone Boulevard and Florence Avenue.
(b) Brookshire Avenue. Between Stewart and Gray Road and Gallatin Road.
(c) Patton Road. Between Stewart and Gray Road and Firestone Boulevard,
(d) Cherokee Drive. Between Downey Avenue and Lakewood Boulevard.
(e) Fifth Street, Between Brookshire Avenue and Lakewood Boulevard.
(f) Firestone Boulevard. Between Paramount Boulevard and Lakewood
Boulevard.
(g) Stewart and Gray Road. Between Paramount Boulevard and Bellflower
Boulevard,
(h) Alameda Street. Between Paramount Boulevard and Lakewood
Boulevard.
• I III I
IM111WRIIIIN 1 111! 11IT a i 3 1
(2) Notwithstanding the provisions of Section 3164, and in accordance with Section
21235(g) of the California Vehicle Code, a motorized scooter may operate upon a
sidewalk only as may be necessary to directly enter or leave an adjacent property.
A Sunset Provision. This Section shall expire and be deemed repealed 90 days after the
effective
•_ of this Ordinance, unless extended by r•
SECTION 2. Sections 3164.2 ("Shared -Use Mobility Device System") of the Downey
Municipal Code is hereby added to of Part 8 ("Miscellaneous Driving Rules") of Chapter 1
("Traffic Regulations") of Article III ("Public Safety") of the Downey Municipal Code to read as
follows:
(A) Definitions. As used in this Section, the following definitions shall apply. Whenever any
words or phrases used in this Section are not defined herein, but are defined in the
California Vehicle Code, such definitions are incorporated herein and shall be deemed to
apply to such words and phrases used herein as though set forth herein in full.
(1) Electric Standup Scooter. A device with no more than three wheels measuring
twelve inches (12") or smaller in diameter, that has handlebars and is designed
to be stood upon by the user while riding, weighs no more than fifty (50) pounds,
and is powered by an electric motor that is capable of propelling the device with
or without human propulsion at a speed no greater than 15 miles per hour on a
paved level service.
(2) Shared -Use Mobility Device. A transportation device by which a person can be
propelled, moved or drawn, that is displayed, offered or placed for rent in any
public street, highway, roadway, alley, sidewalk, parkway, or other pathway
designed or used for pedestrian or vehicular travel that is owned, granted by
easement, operated, or controlled by the City, or any other outdoor area open to
the public for public use, whether owned or operated by the City. Shared -Use
Mobility Device includes Electric Standup Scooters that are part of a Shared -Use
Mobility Device Program, as each of these terms is defined in this Section.
(a) Shared -Use Mobility Device does not include any of the following:
(i) Any motor vehicle that is operated as part of an App -Based
Rideshare Service (as that term is defined in Section 3197.1(a) of
the Downey Municipal Code);
(ii) Any Automobile for Hire (as that term is defined by Section 6510.1
of the Downey Municipal Code);
(iii) Any Motorbus (as that term is defined by Section 6510.3 of the
Downey Municipal Code);
(iv) Any Taxicab (as that term is defined by Section 6510.7 of the
Downey Municipal Code);
(v) Any motor vehicle for hire which provides private service to qualified
senior citizens or disabled persons as part of the Downey Dial -A-
VIRIMA
• - V 14finjapipy"11 - •
(vi) A motor vehicle rented or leased by an automobile rental agency in
full compliance with the Downey Municipal Code — including
business licensing and zoning regulations.
(3) Shared -Use Mobility Device Operator. An individual or a public, private, or non-
profit entity that manages and operates a Shared -Use Mobility Device Program.
(4) Shared -Use Mobility Device Program. A system of self-service Shared -Use
Mobility Devices for hire in the City of Downey operated by a Shared -Use
Mobility Device Operator.
(B) Authority of Director of Community Development. The Director of Community
Development shall implement a Shared -Use Mobility Device pilot program for Electric
Standup Scooters and implement such Rules and Regulations as necessary and
appropriate for a pilot Shared -Use Mobility Device Program. Such Rules and
Regulations may include, but shall not be limited to, permit rules; operational regulations;
insurance, indemnification, and fee requirements; and impoundment regulations. The
Director of Community Development shall issue a Shared -Use Mobility Device Permit to
a qualified Shared -Use Mobility Device Operator in accordance with the Rules and
Regulations implemented pursuant to this Subsection.
(C) Permit Required. No person shall operate a Shared -Use Mobility Device Program, nor
otherwise provide Shared -Use Mobility Devices for hire in the City of Downey, without a
current and valid Shared -Use Mobility Device Permit, issued by the Director of
Community Development in accordance with the Rules and Regulations enacted
pursuant to Subsection (b).
(1) A Shared -Use Mobility Device Operator shall comply with all Rules and
Regulations and conditions of any Shared -Use Mobility Device Permit."
SECTION 3. The Pilot Program — and the authorization granted to the Director of
Community Development — as authorized by Section 3164.2 shall terminate upon the earlier of
ninety (90) days after the effective date of this Ordinance or the adoption of an ordinance by the
City Council regulating Shared -Use Mobility Device Programs within the City. Section
3164,2(C) shall remain effective beyond the expiration of the pilot program.
SECTION 4. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law,
0 * I 1 6
IUJAV
APPROVED AND ADOPTED this day of 202,11
ustw-V
MARIA ALICIA DUARTE, CMC
City Clerk
0 IT 0
[Silvio=
I HEREBY CERTIFY that the foregoing Ordinance No. 20- was introduced at a
Regular Meeting of the City Council of the City of Downey held on the _ day of
2020, and adopted at a regular meeting of the City Council of the City of Downey held on the
— day of , 2020, by the following vote, to wit:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 20- , was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
1 2020 (after introduction), and on , 2020 (after adoption,
including the vote thereon). It was also posted in the regular posting places in the City of
Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk
IVA -
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 20- , was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
1 2020 (after introduction), and on , 2020 (after adoption,
including the vote thereon). It was also posted in the regular posting places in the City of
Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk