Annual pedicab decal; pedicab decal fee; required insurance

(a)

It shall be a violation for any person to operate a pedicab upon the streets of the city unless the pedicab owner has first obtained a decal as defined herein. This decal is issued upon a showing of compliance with this article and chapter 31 of the City Code.

(b)

Such decal shall, at all times during the annual, one-year period for which it is valid, be securely attached to a clearly visible place on the left rear portion of the pedicab for which it was issued. Each decal shall be valid when issued by the city manager or designee and remain valid, regardless of issue date, until September 30th of the fiscal year in which it was issued. In addition to the decal fee, an applicant wishing to operate a pedicab without advertising shall submit an annual regulatory business fee of $250.00 per pedicab to defray the city's time, costs, process and expense necessary in administering the pedicab program under this article. An applicant wishing to operate a pedicab with advertising shall submit an annual regulatory business fee in the amount of $500.00 per pedicab for the cost of administering the program, as well as the privilege of utilizing the streets for private advertising purposes. The fees imposed by this chapter are in addition to any additional business tax receipt(s) or decal fees that may be required by the city manager or designee for conducting any advertising activities. Fees shall not be prorated.

(c)

Prior to obtaining a decal the pedicab owner shall submit a completed package with all applicable signatures to the city manager or designee. In addition to the above, the following information must be included with the submittal: Pedicab vehicular information, pedicab reference form provided by the city manager or designee, copy of a current and valid Florida driver's license for the applicant, list of all pedicab drivers, copy of current and valid Florida driver's license for each pedicab driver, decal fee, and a drawing detailing routes and other pertinent technical information required by the resilience and public works department.

(d)

The pedicab owner shall maintain a commercial general liability policy in place with limits of at least $500,000.00 per occurrence, $1,000,000.00 aggregate with respect to bodily injury, including death, and property damage liability affording coverage for premises and operations liability, personal and advertising injury liability, and contractual and contingent liability exposures. The certificate of insurance must also include coverage for statutory workers' compensation coverage, if applicable, and shall further list the City of Miami as an additional insured with respect to general liability, and include 30 days on the cancellation provision, except for 10 days notice for non-payment of premium. Carriers providing this coverage must be authorized to transact business in the State of Florida and must possess a financial rating of at least (A-) with a financial strength of (V) or better in accordance to A.M. Best guidelines. Such certificate must be provided to the city risk management division/risk manager, or designee for approval prior to issuance or renewal of any decal. All certificates of insurance shall be kept in full force and effect at all times while any pedicab is operated within the city and must cover a period of not less than 12 months. Proof of this insurance (e.g. a declarations page or certificate of insurance) must be maintained within the pedicab at all times it is operated within the city.

(e)

The pedicab owner will indemnify, defend, and hold harmless the City of Miami, its officials, employees and agents (collectively referred to as "indemnitees") and each of them from and against all losses, costs, claims, penalties, fines, expenses (including attorney's fees), liabilities (collectively referred to as "liabilities") by reason of any bodily injury to or death of any person or damage to or destruction or loss of any property arising out of, or resulting from, or in connection with this permit. The Pedicab owner further agrees to indemnify, defend and hold harmless the indemnitees from and against liability which may be asserted by an employee or former employee of the pedicab owner, or any of its subcontractors, for which liability to such employee or former employee would otherwise be limited to payments under workers' compensation or similar laws.

(Ord. No. 13102, § 1, 10-8-09; Ord. No. 13745, § 4, 2-22-18; Ord. No. 13792, § 1, 10-11-18)