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HomeMy WebLinkAboutShared Mobility Device Operator Agreement - Bird Rides, Inc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 14, 2023 Mr. Austin T. Marshburn Bird Rides, Inc. dba Bird 406 Broadway Ave. #369 Santa Monica, CA 90401 amarshburn&bird.co RE: Shared Mobility Device Operator Agreement Dear Mr. Marshburn: At its March 14, 2023 meeting, the Board of Public Works approved the above referenced agreement for the shared mobility program to operate e-scooters and e-assist pedal bikes in the City of South Bend. Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER SHARED MOBILITY DEVICE OPERATOR AGREEMENT This Shared Mobility Device Operator Agreement (the "Agreement) S� ' 1 � 202; (the "Effective Date"), bY is entered and into on between 'r ¢' 1 -'�v C r (the "Licensee"), and the City of South Bend, Indiana (the "City"}, by and Through its Board of Public Works (the "Beard"), beach a "Party" and collectively referred to herein as the "Parties " ). Statement and Purv)ose The purpose of this Agreement is to establish the rules and regulations governing the operation of a shared mobility device system within the pity while ensuring such operation is consistent with the safety and well-being of users of the system and the users of the City's public right of ways. Operating Rules The undersigned Shared Mobility Operator ("Licensee"), in consideration of being issued a Shared Mobility License by the City shall, as a condition of theissuance and continued validity of the license to operate a shaved mobility device system, comply with all rules and restrictions, including but not limited to, operation, parking, insurance, bonding, data sharing and safety and equipment requirements contained in Chapter 4, Article 4, Section 4-54 of the South bend Municipal bode. indemnification and Hold Harmless The undersigned Shared Mobility operator ("Licensee"), in consideration of being issued a Shared Mobility License by the City shall, as a condition of the issuance and continued validity of the license to operate a Shared Mobility Device system, indemnify, hold harmless and defend, by counsel of the City's choosing, the City and their respective officers, agents, officials and employees for any and all third pasty claims, actions, causes of action, judgments and liens to the extent they arise out of any negligent or wrongful act or omission, or violation of and Provision of this Code or other law by an Operator or any of its officers, agents, employees and users arising from the operation, maintenance, or use of the shared mobility system and the operator's shared mobility devices.. Such indemnity shall include attorneys' fees and all Casts and other expenses arising therefrom or incurred in connection therewith and shall not be limited by any insurance coverage required in Chapter4, Article 4, Section 4- 54, Subsection (e) (2) of South Bend Municipal Code. Term and Termination This Agreement commences as of the above Effective Date and terminates as of 11 :59 p. m. EST on December 31, 2024V This Agreement may be terminated by either Pasty, for a material preach of the Agreement, by delivery of a written notice to the other Party identifying the alleged bleach and providing no less than 30 days to cure the same. Either Party may terminate for convenience, with or without cause, upon providing the other Party with thirty (30) days' prior written notice. Upon the termination of this Agreement, the City shall allow the Licensee access to and use of its right of ways for the purpose of removing its devices. The Licensee shall have no less than thirty (30) days to do the same. Compliance with The Licensee, at its sole cost and expense, shall be responsible for complying with all applicable federal, state and focal laws., regulations and rules. Amendment This Agreement may only be amended by the mutual written agreement of the Parties. Limitations of Liability NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING FROM THIS AGREEMENT. Governing Later This Agreement and all makers concerningits interpretation, performance, or enforcement will be govemed in accordance with the laws of the State of Indiana. Any litigation arising out of this Agreement or the reaationship of the Parties hereto shall be brought in a court of competent jurisdiction within St. Joseph County, Indiana. Severabili In the event any of the provisions of this Agreement shall be held to be invalid by any court of competent jurisdiction, the same shall be deemed servahle, and as never having been contained herein, and this Agreement shall thin be construed and enforced in accordance with the remaining provisions hereof. Notice Any notice required or permitted hereunder will be deemed effective when sent by electronic mail, or by certified mail, registered mail, or a signature confirmation service provided by the United States Postal Service, postage prepaid, or when sent by an overnight carries. If To Licensee: Al^,l 0-t /0L ire,- 2o 7 VY Attention: /40P�� EmailAddress: If To City: Public Works [Department City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Attention: License Administrator Countervarts This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. N WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the Effective Date stated ahave. Ir Prialed Name and Tree d /\ 0 k�-?mp 3 VT eI A d0 re Ss P.Li. Boy 0/1�- �,) eo� 1P0 4!� !r/wp" / � ) L-'p 040 t.y. State Zop &( 7 Telephone Fat CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS r0m Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk �. - ►�, i 1 IN WITNESS ES WHEREOF, Operator has executed this Agreement on this day of � 0Sf PRINT T NAME SIGNATURE OF OPERATOR PRINT NAME Ej r, i F ALL-PURPOSE iCfV]L CODE § 1189 Hair} public or other oficer cornpleting this certificate verifles only the xdenthy of the Ind dua! who signed the } document to wh1ch this cerffficate Is aftach ed, and not the toithfuIn ess, accuracy, or v'I d ity of that docu m en L State of California County of W rz ot2gt±j�q I ) personally appeared before m, owl ere Insert Name and TX 1Vameo of 5ignerK e of the Officer IF I who proved to me or, the basis of satisfactory a Idenoe to be the person whose name are json bed to the within Instnimept and acknowledged to me tha�shefth execrated the same in (::�R r their authorized capa, and thatrb-i er their ignature on the instrument the p rsonor the entity upon behalf f which the personted, executed the i t rnent, IF '110UFf rUFJ11L " %iirp111 W1 411M jP rarfeiol :� I INA11 7 z It I oer flify under PENALTY OF PERJURY under the laws i of the State of California that the foregoing paragraph Is true and correct.. WMAESS my hand and o lgnatur na III ial otaiy Publi Place Notes Sea] Above OPTIONAL Though fhill" secffon is optional completing In forma Yore can dater alteration of Me document or fmiludulent reattachment of this form to an inten de document. , r Description of Attached Document -ftl or Type of ocum197 lie t: ezillid Lq rel VOMIOS4 Document Date: lumber of ages: Signer(s) Other Than Named Above. apaoir) Claimed by Signer(s) Signers Narna. Q Corporate moor -: "rdle : C3 Partner — 0 Lim fled 0 General 0 I ndi'idu al ❑ Atomey In Fact C1 Trustee C1 Guardian or Conservator [D Other: Signer Is Representing.,. igneilme. D Corporate Officer — rule( : Q Partner — 0 Limited ❑ General C3 Individual 0 ttomey 'llin Fact El Trustee tee 0 Guardian or Conservator 0 Other. Signer Is Representing: _� #ram' ��� �r`�* t, �!��-.► � _ -r,� T��r - A� - ar � r+r - �r �� ' er �� r� � -ter `,� rr yI I..Iter rP � PIP • " -� � �-� * _00-US NOTARY (1 -BGQ6: 90 ■ / AC� "® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 08131/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH RISK & INSURANCE SERVICES PHOFOUR EMBARCADERO CENTER, SUITE 1100 A/CNNo Ext : A/C No), E-MAIL CALIFORNIA LICENSE NO. 0437153 SAN FRANCISCO, CA 94111 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Apollo Syndicate Management Ltd CN1 20046401 --GAWU-22-23 INSURED Bird Rides, Inc. INSURER B : Scottsdale Indemnity Ins Co 15580 INSURER C : National Casualty Company 11991 406 Broadway #369 INSURER D : Santa Monica, CA 90401-2314 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: SEA-003782181-09 REVISION NUMBER: 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X� OCCUR SIR: $500,000 BOWCN2250539 06/01/2022 06/01/2023 EACH OCCURRENCE $ 5,000,000 DAMAGE PREM SES� RENTEa o_cur ence $ 100,000 X MED EXP (Any one person) $ N/A PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- P ❑ LOC OTHER: GENERAL AGGREGATE $ 5,000,000 X PRODUCTS - COMP/OP AGG $ 5,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L NG10000068 09/01/2022 09/01/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE BOWCN2250534 06/01/2022 06/01/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AND Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? IN (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WCC600025A 09/01/2022 09/01/2023 XOTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of South Bend is additional insured where required by written contract regarding General Liability and Auto Liability. CERTIFICATE HOLDER CANCELLATION City of South Bend SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 227 West Jefferson Blvd. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN South Bend, IN 46601 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN120046401 LOC #: San Francisco A� o ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH RISK & INSURANCE SERVICES Bird Rides, Inc. 406 Broadway #369 POLICY NUMBER Santa Monica, CA 90401-2314 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The General Liability and Umbrella Liability policies evidenced above are subject to self -insured retentions for various perils insured. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICYNUMBER: NG1O000068 COMMERCIALAUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Sedan II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section 1 — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ® Insurance Services Office, Inc., 2011 Page 1 of 1 m.u.e c ,y V� Marsh Bowring MarsM1 509 B0509BOWCN2250539 Page 54 of 115 CTB BLANKET ADDITIONAL INSUREDS WITH PRIMARY AND NON-CONTRIBUTORY WORDING This endorsement modifies insurance under the following :K605ILIZIYN/9We7771=1:711MoC1:714Y0104141VAMI a[H:1111MMI SECTION II - WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the "bodily injury" or "property damage", or (b) the offense that caused the "personal and adveltising injury", for which such additional insured seeks coverage However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for "bodily injury", "property damage" or "personal and advertising injury" as co-owner of such premises. 8009VIV6402130509BOWCN2250539 Marsh LimRetl II II IIn M2 'I u II I tlI NIN � � �ll111101111 A business of Marsh McLennan MM [ 01x08749.2009 V* Marsh BOwring Marsh 509 B0509BOWCN2250539 Page 55 of 115 CTB C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for "bodily injury", "property damage" or "personal and advertising injury" as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury", "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such land, provided that the "occurrence" giving rise to such "bodily injury", "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the "occurrence" giving rise to such "bodily injury' or "property damage", or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. 8009VIV6402130509BOWCN2250539 Marsh LimRetl II II IIn W2 'I u II I tlI NIN � � �ll1l' l� ll ll A business of Marsh McLennan MM [ 01x08749.2009 V* Marsh BOwring Marsh 509 B0509BOWCN2250539 Page 56 of 115 CTB H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or C. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b "Bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage" or "personal and advertising ink-11y" caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard" 60o&Bd1&6d03B0508BOWCN3350539 Marsh Urnft d 'I II II II II1In I � � �ll111101111 A business of Marsh McLennan M2 u tlI RIN MMC0108749ZO09 " Marsh BOwring Marsh 509 B0509BOWCN2250539 Page 57 of 115 CTB J. Vendor Any person or organization but only with respect to such person or organization's liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of such person or organization's business, provided that: The coverage granted by this paragraph does not apply to: a. "bodily injury" or "property damage" for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; C. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labelled or relabelled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. "bodily injury" or "property damage" arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of "your products" for which coverage is excluded by endorsement to this Coverage Part; nor C. if "bodily injury" or "property damage" included within the "products -completed operations hazard" is excluded by endorsement to this Coverage Part. 6099VIV6402130509BOWCN2259539 Marsh LimRetl II II IIn W2 'I u II I tlI NIN � � �ll1l' l� ll ll A business of Marsh McLennan N M[01087492009 V* Marsh BOwring Marsh 509 B0509BOWCN2250539 Page 58 of 115 CTB K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for "bodily injury", "property damage" or "personal and advertising injury" for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 2. for "bodily injury" or "property damage" included within the "products -completed operations hazard" except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this Additional Insureds Endorsement requires the Named Insured to provide the additional insured such coverage; and C. the "bodily injury" or "property damage" results from "your work" that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. ADDITIONAL INSURED — PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The following paragraph is added to SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, item 4 Other Insurance: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this provision, the additional insured's own insurance means insurance on which the additional insured is a Named Insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. All other terms and conditions of this policy remain unchanged. Marsh LimRetl II 'IuIIItlININ���ll1l'l�llll II IIn A business of Marsh McLennan 84ffi MM [ 01x08749.2009 VERIFICATION CERTIFICATE FOR INDEFINITE TERM SURETY BOND THIS IS TO CERTIFY that Bond Number Endurance Assurance Corporation day of August f 2021 One Hundred Thousand & 00/100 ($ issued by , as Surety, dated the 25th in the amount of 100,000.00 Dollars ) on behalf of Bird Rides, Inc. as Principal, and in favor of City of South Bend, Board of Public Works as Obligee, covers a term which began on the 25th day of August 2021 and ends only with the cancellation of said bond or other legal termination thereof; and that the said bond remains in effect, subject to all its agreements, conditions and limitations. Signed, sealed and dated this 6th day of By: Endurance Assurance Corporation EACX4003595 February 2023 Surety Sokha Evans, Attorney -in -Fact BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 2/27/23 Name: Jitin Kain Department of Public Works BPW Date: 3/14/23 Phone Extension: 5835 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required. for All Submissions ❑ 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. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution F1 Other: License & Agreement n Ease./Encroach Information Company or Vendor Name Bird Rides, Inc. New Vendor ❑ Yes❑ If Yes, Approved by Purchasing ❑ No MBE/WBE Contractor ❑ WBE Completed E-Verify Form Attached ® Yes No Project Name Shared Mobility Program Project Number Funding Source Account No. PR/PO # Amount Terms of Contract Special Contract Provisions Purpose/Description License renewal and two year agreement with Bird Rides, Inc. to operate e- scooters and e-assist pedal bikes in South Bend. There is no cost to the City to offer this license. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Current Percent of Change New Amount Increase Decrease Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: ` SOMPO INTERNATIONAL POWER OF ATTORNEY 2640 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: Mechelle Larkin, Kathy R. Mair, My Hua, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales, Joaquin Perez, Jeffrey Strassner, Sokha Evans as true and lawful Attorney (s)-I n-Fact to make, execute, seal, and deliverfor, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15`h day of June, 2019, a copy of which appears below under the heading entitled "Certificate'. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15`h day of June, 2019 and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15rh day of June, 2019. Endurance Assurance Corporation 1 By: Richard Appel; A,VP,P&.,`3enior Counsel ar5surance ', SEAL av: 2002 °'- "s' DELAWARE,: r Endurance American ' In ura cg•,Cpaey By: Richard Appel,SMP,-&4enior Counsel SEAL m : 1996 ; 3 DELAWARE .a ACKNOW Lexon Insurance Company By: Ric and App.l;,�Z/�$ Seni Counsel LEDGEMENT �EJ•'4LTi Bond Safeguard 'i In ura ce CC pa By: Ric and Appel ,,SVP "enlo ou el �J�yp VNSt1r, _ •,�,. DAKOTA • ❑ �•, INSURANCE ' H'y�, COMPANY On this 15`h day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that he/tlie � �i officer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his office under th by ws of each Company;` v� STATE 00 - TEr,r,EsaEE By: _ noTw - �,euc Amy Taylor, Not Public My Commissr9n I'xpires 5/9f231= CERTIFICATE ,Qay ,., I, the undersigned Officerof each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DON ELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNEL. WILBERT ; and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 6th day of February 2023 By: Daniel S. rie, retary NOTICE: U.S. TREASURY DEPARTMENTS OFFICE OF FOREIGN ASSETS CONTROL (OFACI No coverage is provided by this Notice nor can it be construed to replaceany provisions ofany surety bond or other surety coverage prol/ided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency'. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasurys website—https://www.treasury.gov/resource-center/Sanctons/SDN-List. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has vidated U.S. sanctions law or is a Specaly Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided areimmediatey subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdmin istration(asompo-intl.com Telephone:615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 Shared Mobility Program ERMIT RENEWAL CHECKL Please submit signed and completed documents to the City of South Bend at: Via flail: License Administrator City of South Bend, Indiana 7 West Jefferson 1316 oun ` it Building South Send, Indiana 46601 Via Email{ ikain@southbondin.gov Please complete and provide the f llo l n g 1, Shared Mobility device operator renewaT form (enclosed) `License and permit bond form fenosad) 3. A check payable to lhe.Gity gf South Bend for the License fee 44. Gertificate of commercial general liability insurance issued to the applicant Must name the license applicant as the 'Insured' Must show the City as Additional I nsured' on the certificate. If an endorsement is needed, use ISO CG2036 or equivalent Must include 30 days written cancellation notice * Required minimum Coverage: 1,000, 000 per occurrence $100.000 for damage to rented premises ,000 for medical expenses $500,000 for personal and advertising injury 1,00 ,000 products/complete operations $1,000,000 auto liability , 00,000 general aggregate limit S5,000,000 excess/ti mbrella f iabii i Note: License w11 expsre on December 31 of U7e year of issuan (Uranse norx-transferable) Renewal app I Ito cn s must be s ubm rued within 30 days Department of PuNic Woeks 2023 Smry d Mobility N wce Opem ror er;s s Appkcodon New � Renewal A. LIcan a Fe9: $10.,0001 ear 1 3Rl",641_11;� 2 ;1q. Business Name -Bird Ridyoiq Intel Business Inf*rmatlion AaLBrmitiway Avenue, ixg 1, 149nicy [reof Address Cq Stor& ZfP c6de License Applicant Contact Information Mari A across d ram Austin Marshhurn F0 Narro .ina r.s-r1Dy rag mast A ddnm Local Ctistorner Service Information 866-2e5- 442 24 hr Phe Number Legal Status of Business (check which applies) Individual Proprietor Partnership orporab on LL List the state where incorporated or authorized (if corporation). Indiana Registered Agont N arne N/A _ - 4 41' no Numbor fV lva PetatUMA 94954 0 Slate ZIP Code acne Number heLjo�f rd. co uslomer SDrvico Email A ddms.T Indiana Rog istar d Agent Address N/A 19 �. -0 Sheet Ass cify State ZIP Cods If a Corporation, list the p rind pal Office of Co r orati 011. 06 0 roadway Avenges 369. San-ta . Mon Icia .. A 90401 List other Indiana Cites/To �1 where busi�n s operates; � Lata������ ��; E�r�n�����ef ��; ���iar������s, �M� Bloomington, IN Types of shared mobility devices to be made available to the public during license term: Pedal Bicycles Scooters e-ass i t Pedal Bicycles Other Model Manufacturer Color —Manufacture Color _ Model Bird Manufacturar_hjulColo Model anufaturer Color Model Department of Public Worms 2023 Share d Nobody -vice Operator Loons App-Uca (ion Please Indicate that you agree or disagree by marking yes or no for the following statements. 1. Licanee is in good standing and has not had any license or registration to operate a business revolved or suspended. 21 Yeses No Licensee is current wills City. County and State for any taxes, license fees, or any other indebtedress. Yes1, No The person signing this application has the authority to sign for the business being licensed. Yes x N . Licensee attests that it has read and agrees to comply with Chapter 4, Amide 4. Section ; 4 of the South Bead Municipal ode(' ily Code') and all other applicable sections of the City Code, state and federal laws ordinances, regulations, orders and decisions of public officials, , Yet o . Licensee will maintain all shared mobility devices pursuant to Chapter 4, Arbcle 4* Section 4- 4, Subsection (0 of the Code (i.,e,-, safety, condition and appearance; and qu ipment)- Yet No 6. Licensee acknowledges that unsafe devices will be removed from the public right of way in accordance with Chapter 4, ArticAe 4, Section , Subsection ) the Code. Yes X No . Licensee ackncwledges that failure to remove unsafe devices may result in removal by Chy at the sole oust and expense of the Shared Mobility Device System Operator. Yes N Licensee acknowledges that failure to maintain the required insurance and bond, operating without a license, or operating i n a manner which imposes unreasonable risk of serious bodily injury to any purr may subject Operator to a cease and desist order or other specific injunctive relief by a oou d of competent jurisdiction and civil penalty of Two Thousand Five Hundred Dollars ( , 0 ), and any other damages permitted by law. Yes� No Licensee agrees to notify the CV of South Bend License Administrator of any change in the information on this appricatn wMin 15 days of such change. Yes No 10. Licensee agrees to give the License Administrator written notice once the business ceases to exist. 1e o 11. Licensee has received, read, and will comply with the Shared Mobility Data Sharing Specifications, Yes X No I have provided the following required attachments with this application: 1 , A check payable to the City of South Bend for the license fee � * Color photographs of each device type and color scheme and inventory inclusive of total numbers of each doioo typo . Puts schedule 4. Rules and regulations for the system users . Certificate of commercial general liability insurance in compliance with Section -54 (e) of the Code 6. Bond certificate 7. Completed indemnification agreement . CPS or GIS based map of proposed service area . Customer Complaint Form Dopariment of PubhC 01*9 2023 Shamd Aiob#dy Davwq operator Ur -arse ApplicnUon The undersIgned affirms under penalty for perjury that the answers, representations and information provided In this applica are trule and correcL loop inature r /""Le P75- � 1-t'jue 04. arse Printed 0 RO- k-14-e "S yR'` 6-7 /0 3/ 7 0 Z3 Date Dopm(mant of Public Works 2023 Shared Mobility Devkv Oparalor License Appfkefm