A. No person shall permit a dockless shared mobility device owned or controlled by such person to be in service for hire upon the streets of Clearfield City unless such person is authorized to do so under a business license obtained from the City.
B. No person may operate a dockless shared mobility device program in the City unless the person is authorized to do so under a business license obtained from the City.
C. Each dockless shared mobility device program operator shall pay to the City the applicable business licensing fees as set forth in the City’s Consolidated Fee Schedule, Clearfield City Municipal Code § 2-5-1.
D. Insurance:
1. Each dockless shared mobility device program operator shall provide, concurrent with the execution of this Agreement:
a. A comprehensive general liability insurance policy covering business operations with minimum limits of $1,000,000 per occurrence with a $5,000,000 general aggregate;
b. Automobile insurance coverage with a limit of at least $1,000,000 each occurrence and $1,000,000 aggregate;
c. Umbrella or excess liability coverage with a limit of at least $5,000,000 each occurrence and $5,000,000 aggregate or sufficient general liability insurance to satisfy the excess liability coverage requirement; and
d. Workers’ compensation insurance in an amount no less than required by law.
2. A current certificate of insurance, approved by the City Attorney, must be kept on file with the City Recorder verifying such continuing coverage and naming the City as an additional insured on a primary and non-contributory basis in comparison to all other insurance including City’s own policy or policies of insurance. The certificate shall contain a special endorsement to the effect that the City will be notified at least thirty (30) days prior to cancellation or reduction in the limits. The City requires continuous coverage. Cancellation of insurance will result in the automatic suspension of the dockless shared mobility device program operator’s ability to operate until the shared mobility device program operator provides proof of coverage in the amounts and manner specified above.
E. Indemnification: Each dockless shared mobility device program operator shall indemnify, save harmless, and defend the City, its agents and employees, from all claims, liens, damages, demands, actions, costs, and charges, including attorney fees, arising out of negligent, reckless or intentional acts, errors or omissions of the dockless shared mobility device program operator, its officers, employees, and agents. If the City’s tender of defense, based upon this indemnity provision, is rejected by the dockless shared mobility device program operator, and the dockless shared mobility device program operator is later found by a court of competent jurisdiction to have been required to indemnify the City, then in addition to any other remedies the City may have, the dockless shared mobility device program operator shall pay the City’s reasonable costs, expenses, and attorney fees incurred in proving such indemnification, defending itself, or enforcing this provision. The dockless shared mobility device program operator shall not be liable for claims, demands, costs, losses, or damages that arise out of the City’s negligence or willful misconduct.
F. Data Sharing: Dockless shared mobility device program operators will share data with the City in accordance with the requirements set forth in Utah Code, in city code, and in any applicable state or local regulations. (Ord. 2022-13, 6-14-2022)