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Home My WebLink AboutFirst Amendment to Bike Sharing Service Agreement - Neutron Holdings dba Lime - e-Scooter Pilot Program1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI ITH BFND_ INDIANA 4"01 -19341 ,0 A, MACE 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYr�m' BOARD OF PUBLIC WORKS I November 8, 2018 Gabriel Scheer Neutron Holdings, Inc. dba Lime 66 Bovet Road, Suite 320 San Mateo, CA 94402 RE: First Amendment to Bike Sharing Service Agreement Dear Mr. Scheer: PHONE 574/ 235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on November 8, 2018, approved the above referenced no cost amendment for the e-Scooter Pilot Program. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT SUZANNAM.FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DoRAu FIRST AMENDMENT TO BIKE SHARING SERVICE AGREEMENT This First Amendment to Bike Sharing Services Agreement (this "First Amendment") is made on November 8, 2018 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City") and Neutron Holdings, Inc., doing business as Lime (formerly "LimeBike"), a Delaware corporation with its principal place of business at 66 Bovet Rd., Suite 320 San Mateo, California 94402 (hereafter,"Lime"). RECITALS A. The City and Lime entered into that certain Bike Sharing Services Agreement dated July 11, 2017 (the "Agreement"), to make bike share services available to residents and those who work in the City, as part of a multi -modal transportation option program (as defined in the Agreement). B. The City and Lime wish to amend the Agreement as set forth in this First Amendment to the Agreement to include a short-term pilot ("Pilot") for use of Lime-S electric scooters ("e-Scooters") within a designated geographic area within the City Property ("Pilot Area"). NOW THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Pilot. Commencing as of the Effective Date stated above, the City agrees to allow Lime to commence a e-Scooter Pilot within the Pilot Area. 2. Duration. The Pilot shall commence as the effective date of this Amendment stated above and continue for a period of no longer than days, weather permitting. Lime shall immediately cease the Pilot and remove all e-Scooters from the Pilot Area, if weather conditions make continuation of the Pilot hazardous or unsafe. Pilot Area. The City agrees to designate and permit Lime to use, on a non-exclusive basis, the City Property depicted in Exhibit A of this First Amendment to conduct the Pilot. Use of the e-Scooters shall be restricted the Exhibit A geographic area. The City's permission to use the Pilot Area constitutes a temporary, nonexclusive license and shall not constitute a lease or an easement. The license shall not be construed to transfer to Lime, or any user of Lime's services, any real property interest in the Pilot Area. 4. Pcriiiilted Use. Lime agrees to comply with the following requirements at all times during the Pilot: a. Number of e-Scooters. There number of e-Scooters permitted to be deployed during the Pilot shall be limited to 250. b. Maximum ,wed. Lime shall cap the maximum speed of the e-Scooters at 13 mph. c. Right -of -Way Use. The e-Scooters will be allowed to operate within designated bike lanes, protected bike lanes, travel lanes marked with sharrows, and on the City trail systems. Use on sidewalks is strictly prohibited. d. Safety Features. Lime shall require all users to wear helmets while operating e-Scooters. The City will cooperate with Lime in providing a helmet giveaway program. e. License and A Ike ui:renient. The Lime app shall require verification that a user is 18 years of age or older and possess a valid driver's license to unlock and use an e-Scooter. f. E-Scooter Char in . A fully charged Lime e-Scooter can travel a maximum range of 20+ miles and possess an in-app battery monitoring system. When an e-Scooter is running low on power, either Lime staff or Lime's independent team of "juicers" will pick up the e-Scooter, charge the battery and redeploy it within the Pilot Area. Fees. The City will not charge any fees to, or reimburse any costs or expenses of, Lime associated with the Pilot. Lime will not pay any fees to the City associated with the Pilot. 6. The "Indemnification" provision of the Agreement is deleted in its entirety and replaced with the following: a. Indemnification. Lime shall defend, pay, indemnify and hold harmless City, its officers, officials, employees, agents, invitees, and volunteers (collectively "City Parties") from all claims, suits, actions, damages, demands, costs or expenses of any kind or nature by or in favor of anyone whomsoever and from and against any and all costs and expenses, including without limitation court costs and reasonable attorneys' fees, resulting from or in connection with arising directly or indirectly out of or from or on account of: i. Any occurrence upon, at or from City Property, inclusive of Pilot Area, or occasioned wholly or in part by the entry, use or presence upon City Property, inclusive of Pilot Area, by Lime or by anyone making use of City Property, inclusive of Pilot Area, at the invitation or sufferance of Lime, except such loss or damage which was caused by the sole negligence or willful misconduct of City; or ii. Use of Lime's bikes, e-Scooters or other equipment by any individual regardless of whether such use was with or without the permission of Lime, including claims by users or third parties; or iii. Any other use of Lime's program in any respect, including, without limitation, use of Lime's mobile phone application(s), reservation system, or other electronic system. 7. Unless expressly modified by this First Amendment, the terms and provisions of the Agreement remain in full force and effect. 8. Capitalized terms used in this First Amendment will have the meanings set forth in the Agreement unless otherwise stated herein. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Bike Sharing Services Agreement to be effective as of the Effective Date stated above. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS :4. �� 4�� Gary A. Got, President auzawia Fritzberg, ember Therese J. Dorau, Member za iza A-i ik, Member /j mmler, Member A"I"T STm p�^ L' nda M. Martin, CI rl NEUTRON HOLDINGS , C., DB/A LIME By: Name: Scdi�� Title: T)� Vic, P'r��" w -17 Date: EXIHIBIT A 4 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 11/7/18 Jitin Kain Department pW BPW Date 11/13/18 Phone Extension 5835 ;arm�ww�'�'��w�w�u�,u'uuum" �ma�;w, e�rvrm�r�W�ru�uw!��u!��u!��u!�uuw!wuwuwww�uwwiu�uemmm�iw� uumurrrmm�miratati a �wim�rvimimrvrmmuimuwiuim ma�anmuuuuuuuuuuuuumti Required wPrior to Submittal to Board Legal Attorney Name Clara McDaniels Controller review is required for all Contracts $5,000.00 or more Controller ❑ and greater than one year in length per the City Purchasing Policy Purchasing 0 --the Ch_....e....Wckthe w..... A DA Agreement El Professional Services E] Bid Opening ❑]I Quote Opening n Chg Order No. ]� Ease./Encroach. Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of El erepriate Item Type - ( Contract ❑ Amendment El Bid Award El Quote Award ❑C/O&PCANo. _ El Traffic Control d for All Submissions Proposal El Req. to Advertise El PCA Resolution F-1 Claim Addendum ❑ Title Sheet R e uired InformationNeutro_ .._... w _..... �] -Yes Holdings �.._l . If Yes, Approved by Pu rchasing ® No ❑ WBE Completed E-Verify Form Attached Nos First Amendment to Bike Sharinq Service Agreement N Amendment to Bike Sharing agreement with Neutron Haldin s DBA- Lime to commence an e-Scooter ilot within a defined ___geography in South Bend. ..�.. For ChangeOrdersOnly Increase $ Decrease $ Previous Amount $ Current Percent of Change: New Amount $ Total Percent of Change: Time Extension: ^m.................. Copy Original ❑ ® Linda Martin ® 0 Jitin Kain El Dispersal After Approval