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Contract - Tiarra Hammond, LLC dba TheJumpOff Trolley
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Contract - Tiarra Hammond, LLC dba TheJumpOff Trolley
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4/25/2023 4:37:26 PM
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Board of Public Works
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Contracts
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4/25/2023
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7. Designated Route. Operator shall provide the City with a route(s) in which they intend <br />to operate. It shall be Operator’s sole responsibility to notify the City if there is a change to a <br />planned route. The City reserves the right to restrict such route(s) if the City has a legitimate <br />safety concern. Drop off of passengers must be on the same side of the street as the destination to <br />be visited. <br /> <br /> 8. Parking Locations. Operator shall coordinate with private venues for interim parking of <br />the pedal trolley. At no point may Operator leave or otherwise abandon the pedal trolley for more <br />than one (1) hour in the public right of way. Operator acknowledges that it is responsible for <br />abiding by all City ordinances and signage associated with or related to parking. <br /> <br /> 9. Speed and Safety. Operator agrees not exceed any speed that places at risk the safety <br />of passengers, other vehicles and/or pedestrians, and agrees to abide by all safety standards and <br />requirements as required by City Ordinance or Indiana State Law. <br /> <br /> 10. Indemnification. Operator shall indemnify, hold harmless and defend, by counsel of <br />the City’s choosing, the City and its respective boards, officers, agents, officials and employees <br />for any and all third party claims, actions, causes of action, judgments and liens to the extent they <br />arise out of any negligent or wrongful act or omission, or violation of any provision of this Code <br />or other law by an Operator or any of its officers, agents, employees and users arising from the <br />operation, maintenance, or use of the pedal trolley. Such indemnity shall include attorneys’ fees <br />and all costs and other expenses arising therefrom or incurred in connection therewith and shall <br />not be limited by any insurance coverage required by this Agreement or otherwise carried by the <br />Operator. Operator confirms that the person signing this Agreement on behalf of Operator is an <br />officer or employee of the Operator with authority to legally bind the Operator, and the Operator <br />shall be required to post an indemnity bond in favor of the city. Such indemnity bond shall be in <br />a form approved by the City’s legal counsel. <br /> <br /> 11. Insurance. <br /> <br />a. As a condition of this Agreement to operate a pedal trolley service system, Operator shall <br />purchase and maintain a policy of commercial general liability insurance that will protect it and <br />the City from claims for damages because of bodily injury and personal injury, including death <br />and claims of damages to property which may arise out of or result from the operation, <br />maintenance, or use of the pedal trolley. <br /> <br />b. The commercial general liability insurance required under this section shall be not less than: <br />(1) each occurrence limit of $1,000,000.00; (2) $100,000.00 for damage to rented premises; <br />(3) $700,000.00 for personal and advertising injury; (4) $1,000.000.00 products/completed <br />operations; (5) $1,000,000.00 auto liability; (6) $2,000,000.00 general aggregate limit; (7) <br />$5,000,000.00 excess/umbrella liability. A certificate of insurance naming the City as an <br />additional insured showing such coverage then in force, but not less than the above amounts, <br />shall be submitted by the Operator prior to placing any of its pedal trolleys within the City’s <br />public right of way. Such certificate shall contain a provision that the policies and coverage
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