Res 2021-179/approving an agreement that grants a Non-Exclusive License to Skinny Labs, Inc., doing business as SPIN, that enables SPIN’S shared micromobility devices such as electric scooters and electric bicycles to be operated within City rights-of-wa

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property. Licensee is solely responsible for securing authorizations to do so from such third parties. C. As -Is. Licensee acknowledges that it enters into this License Agreement with the understanding that the Right -of -Way is provided for use "AS -IS" with all faults and without any representations or warranties as to condition or suitability f'or use for the purposes of this License Agreement 3. General Obligations of Licensee. In consideration of being allowed to conduct SMD Services, Licensee agrees to conduct its activities as set forth in the RFP and Proposal and supplemental provisions herein. Where no time is specified for Licensee's satisfaction of obligations, the City Manager or the City Manager's designee shall negotiate with Licensee and approve the time allowed therefor. If the parties are unable to mutually agree on any such time frames, City may suspend this License Agreement pending resolution of a disagreement. a. SMD Services. Licensee shall perform the SMD Services in a professional and workmanlike manner in accordance with the prevailing industry standards, including, without limitation, meeting the additional standards and obligations set forth in this License Agreement. b. Placement and Installations. Except for placements or attachments of SMD's in accordance with this License Agreement, Licensee shall not place or attach any personal property, fixtures, or structures within the RIGHT-OF-WAY without City's prior written consent. Licensee shall use reasonable efforts to ensure that: (i) its provision of the SMD Services does not unreasonably block pedestrian walkways or the RIGHT-OF-WAY or create conditions that threaten public safety; and (ii) SMD's are parked in an orderly fashion on the RIGHT-OF-WAY or in otherwise agreed-upon designated areas; provided, that SMDs parked on non -City Property (Le., private property) will be at the discretion of such property owner or occupier. City shall notify spin@support.pm, through Licensee's customer service app portal listed in the Proposal, or through another agreed-upon mechanism for any SMD that, in City's reasonable discretion, is adversely affecting the Right of Way. Licensee shall be responsible to correct improperly parked SMD's within the timeframes listed in the Proposal. The minimum requirements of the Americans with Disabilities Act of 1990, as amended, will be met at all times. C. Repairs. Licensee shall repair, replace, or otherwise restore—or reimburse City for its reasonable and documented costs in repairing, replacing, or otherwise restoring—any part or item of City -owned real or personal property that is damaged, lost, or destroyed as a result of Licensee's operation of the SMD Services. d. Reports. Licensee shall provide monthly reports to City throughout the Tenn concerning utilization of the SMD's and route usage. 4. License Fee. Licensee shall compensate the City in the amount of 20 cents ($0.20) per trip that starts in the City of San Marcos as stated in the best and final offer dated July 9, 2021.