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Home My WebLink AboutFourth Amendment to Bike Sharing Services Agreement - Neutron dba Lime - E-Scooter.a 1316 COUNTY-C[TY BUILDING "mil o ' 227 W. JEFFERSON BOULEVARD � � 4 PVAC F Soi iTH BEND. INDIANA 46601-1930 � °`` �1 aRrt / Y' e 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR August 13, 2019 Sam Sadle Neutron Holdings, Inc., dba Lime 66 Bovet Road, Suite 320 San Mateo, CA 94402 RE: Fourth Amendment to Bike Sharing Services Agreement Dear Mr. Sadle: PHONE 574/ 235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on August 13, 2019, approved the above referenced agreement to extend no cost E-Scooter Program to December 31, 2019. Enclosed please find the original of the agreement 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, r Linda"M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU FOURTH AMENDMENT TO BIKE SHARING SERVICES AGREEMENT This Fourth Amendment to Bike Sharing Services Agreement (this "Fourth Amendment') is made on August 1, 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") each a Party and collectively referred to as the Parties. RECITALS WHEREAS, 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); and WHEREAS, 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"); and WHEREAS, the City and Lime amended the Agreement on March 26, 2019, as set forth in the Second Amendment to the Agreement, to extend the term of the e-Scooters pilot within the Pilot Area until May 19, 2019. WHEREAS, the City and Lime amended the Agreement on May 28, 2019, as set forth in the Third Amendment to the Agreement, to extend the term of the e-Scooters pilot within the Pilot Area until August 1, 2019. WHEREAS, the City and Lime desire to further to amend the Agreement as set forth in this Fourth Amendment to the Agreement to extend the term of the e-Scooters pilot within the Pilot Area. NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement, the First Amendment, the Second Amendment, the Third Amendment, and this Fourth Amendment, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: Section 13. of the Agreement, Term, is amended to extend the term of the e-Scooters pilot, within the Pilot Area, until December 31, 2019, at which time all rights, responsibilities and obligations under the Agreement shall expire. 2. Section 14. of the Agreement, Termination, is deleted in its entirety and replaced by the following: "Either Party may terminate this Agreement for any of the following reasons upon providing the other Party with thirty (30) days advance written notice: a. For convenience — i.e., for any reason or no reason at all. b. The City determines, in its sole and reasonable discretion, that Lime explicitly or tacitly authorizes, permits or allows use of the e-Scooters outside of the Pilot Area. c. Lime fails to secure the City's written authorization to expand the Pilot Area. 3. Unless expressly modified by this Fourth Amendment, the terms and provisions of the Agreement remain in full force and effect. 4. Capitalized terms used in this Fourth 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 ATTEST: Lc nda M. Martin, Clerk 2 NEUTRON HOLDINGS, INC., DB/A LIME Name: Title: Date: EXHIBIT A DOWNTOWN SOUTH BEND & IUSB CAMPUS A H U k I C P, T S Htl t IV H �l 1 4 t PAR" AVd joDK 0 f - - — — — - — — — — - — — - R V f f, R K BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date August 2019 Name Cara GrabowskiPublic Works BPW Date Next Available Phone Extension 5819 m=1 ReTlired Prior to Submittal to Board BPW Attorney X Attorney Name Clara McDaniels.__._....._-_._W. Dept. Attorney F-1 Attorney Name Purchasing �-..........._ Check issions Professional Services Agreement ❑ Contract Proposal [� Open Market Contract ® Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening Quote Award Reject Bids/Quotes Proposal Opening ❑ C/O & PCA No. E PCA Chg. Order, No. ❑ Traffic Control Resolution [,Other: ❑ Ease./Encroach Required Information Company or Vendor Name Neutron Holdings, Inc. New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor � WBE Completed E-Verify Form Attached E] Nos Project Name Fourth Amendment to Bike Sharing Services Agreement �_............._.._ ..........-___--------- ----___-- ______ Project Numberw.w ��...._.............................................�.�.�.�..............._.... www ��._ ..........�.�....�.�.._.._ Funding Source Account No. .................. ............ ....m..m......................... Amount Terms of Contract _ Purpose/Description Extend the no cost e-scooter pilot program to December 31, 2019 Fri �h Orclpra �� Amount of Increase ........ El Decrease ($ ) Previous Amount $ Increase % .... .......... _........ ........w Current Percent of Change: Decrease %) mm_mmmmmmmmmmmmmmmm New Amount $ ................ ................................. ..... Increase Total Percent of Change: Decrease( ............% ..............................._. ww w w.... Time Extension Amount: New Completion Date: