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Home My WebLink AboutThird Amendment to Bike Sharing Agreement - Neutron Holdings Inc dba Lime - Extend E-Scooter Pilot ProgramBOULEVARD oe PEACE 186 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 28, 2019 Sam Sadle Neutron Holdings, Inc. dba Lime 660 Bovet Road, Suite 320 San Mateo, CA 94402 RE: Third Amendment to Bike Sharing Agreement Dear Mr. Sadle: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on May 28, 2019, approved the above referenced amendment to the agreement to extend the no cost E-Scooter Pilot Program to August 1, 2019. Enclosed please find the original of the amendment for your signature. Please sign and return the original agreement to our office and retain a copy 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. G[LOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU THIRD AMENDMENT TO BIKE SHARING SERVICES AGREEMENT This Third Amendment to Bike Sharing Services Agreement (this "Third Amendment") is made on May 19, 2019 (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 referred to as "Lime"). RECITALS A. The City and Lime entered into a 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 amended the Agreement on November 8, 2018 as set forth in the 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"). C. The City and Lime amended the Agreement on March 26, 2019 as set forth in the Second Amendment to the Agreement to provide a second short-term pilot ("Second Pilot") for use of the e-Scooters within the Pilot Area. D. The City and Lime wish further to amend the Agreement as set forth in this Third Amendment to the Agreement to provide a third short-term pilot ("Third Pilot") for use of the e-Scooters within the Pilot Area. NOW THEREFORE, in consideration of the mutual promises and obligations in this Third Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: Duration. Subject to appropriate weather conditions, the Third Pilot shall commence on the Effective Date of this Amendment and continue until August 1, 2019. 2. 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 Third Amendment to conduct the Third Pilot. Use of the e-Scooters shall be restricted to the Pilot Area; however, the Pilot Area may be expanded upon the written approval of the City's Executive Director of Public Works, or his designee. The City's permission to use the Pilot Area (or any expanded 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. 3. Permitted Use,. Lime agrees to comply with the following requirements at all times during the Second Pilot: a. Number of e-Scooters. The number of e-Scooters permitted to be deployed during the Second Pilot shall be limited to 250. b. MaxLn1qn2 S eed. Lime shall cap the maximum speed of the e-Scooters at 15 mph. c. Ri ,'fit-cal"-Wsty 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. [Accnse and Age Requirement. 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 C'laar ying. 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. 4. Fees. The City will not charge any fees to, or reimburse any costs or expenses of, Lime associated with the Second Pilot. Lime will not pay any fees to the City associated with the Second Pilot. Indemnification. The "Indemnification" provision of the Agreement is deleted in its entirety and replaced with the following: Indemnification. Lime shall defend, 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 or arising directly or indirectly out of or from or on account of: i. Any occurrence upon, at or from City Property, inclusive of the Pilot Area, or occasioned wholly or in part by the entry, use or presence upon City Property, inclusive of the Pilot Area, by Lime or by anyone making use of City Property, inclusive of the 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 made by users or third parties; or ii, 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. 6. Unless expressly modified by this Third Amendment, the terms and provisions of the Agreement remain in full force and effect. 7. Capitalized terms used in this Third Amendment will have the meanings set forth in the Agreement unless otherwise stated herein. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Bike Sharing Services Agreement to be effective as of the Effective Date stated above. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Genevieve E. Miller, Member Therese J. Dorau, Member Eli/al eth A. K aRadik, Member L. O'Sullivan, Member ATTEST: fAnda M. Martin, Aerk ,. 3 NEUTRON HOLDINGS, INC., D/B/A LIME Name: Title: Date: EXHIBIT A BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 5/22/19.... .. ... �_� ... Department Public Name Atin Kain works BPW Date 5/28/19 Phone Extension 5835 I'nIWM1Y�WPP�INNVMNNN 6'6UG'JY6'MM17�li + � r �AIDI�NNAFtltlrilri/l➢MiI�IT'PoUMllV�I'�k�Immmlmlmlmlmlmlllllllllllllllllllllllllllllllllllllllllllllllllmml��N/1.9�WlNNkV/N%'NNNA//�i � �y�q;��q,� Required Prior to Submittal to Board BPW Attorney Attorney Name McDaniels Dept. Attorney Purchasing R Check the A Professional Services Agreement ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening �] Proposal Opening Chg. Order, No. Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Attorney Name ,te Item Type — Contract ® Amendment/Addendum E] Bid Award ] Quote Award C/O & PCA No. Traffic Control Neutron Yes F aired Information All Submissions Proposal Special Purchase, QPA Req. to Advertise Reject Bids/Quotes ❑ PCA Resolution Ease./Encroach If Yes, Approved by Purchasing ❑ Title Sheei X No 0 MBE 0 WBE Completed E-Verify Form Attached F] Nos Sharing Services ......Third ...Amendment to Bike ................................._�w_w_w NA Terms of Contract Ending August 1, 2019��w.... Purpose/Description Amendment to agreement with Lime to extend the e-scooter pilot program August 1, 2019 For ChanOrders Onlr Amount of Increase $ ❑ Decrease ($ ) Previous Amount $ Increase /o Current Percent of Change: Decrease ( %) New Amount $ ................. ................ ...............................................w� Increase Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date