HomeMy WebLinkAboutContract - Tiarra Hammond, LLC dba TheJumpOff Trolley
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
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 JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
April 25, 2023
Ms. Tiarra Hammond, LLC d/b/a TheJumpOff
1102 Brook Rune Dr., Apt. 2B
Mishawaka, IN 46544
RE: Contract
Dear Ms. Hammond:
At its April 25, 2023 meeting, the Board of Public Works approved the above
referenced agreement for the operation of a Pedal Trolley within City of South Bend, Indiana.
Enclosed please find the original of the contract for your signature. Please sign and
return the original contract to lhensley@southbendin.gov. Please retain a copy 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
AGREEMENT FOR OPERATION OF PEDAL TROLLEY
WITHIN CITY OF SOUTH BEND, INDIANA
This Agreement is entered into between Tiarra Hammond, LLC, d/b/a TheJumpOff, with
principal place of business located at 1102 Brook Rune Drive, 2B, Mishawaka, Indiana 46544
(hereafter “TheJumpOff” or “Operator”), and the City of South Bend, Indiana, by and through its
Board of Public Works (hereafter the “City”), 1308 County-City Building, South Bend, Indiana
46601 (each a “Party” and collectively, the “Parties”). The Parties agree as follows:
WHEREAS, the Operator wishes to operate a pedal trolley service, that is, a four wheeled
open air, pedal vehicle with a seating capacity of 14 passengers, plus one driver, within the
corporate limits of the City of South Bend; and
WHEREAS, the City believes a pedal trolley service would enhance the recreational
opportunities of South Bend citizens and visitors; and
WHEREAS, it is in the interest of public health and safety that certain reasonable
limitations be imposed on the Operator’s use and operation in the public right of way of its pedal
trolley service, which shall also be required of any other operator of similar devices; and
WHEREAS, the City Board of Public Works is charged with providing for the safety and
use of the public right of way within the City.
NOW, THEREFORE, in consideration of the City’s grant to Operator of the use of the
public right of way as described herein and other good, valuable consideration, it is agreed as
follows:
1. Term and Area of Operation. The Operator shall be permitted to operate no more than
two (2) pedal trolleys within the public right of way of the City of South Bend, during the period
from April 1, 2023 through October 31, 2023. This Agreement may be renewed for successive
one-year terms thereafter upon express written consent of the City. Each subsequent year term
shall be limited to the months of April through the end of October, unless otherwise agreed. As
used throughout this Agreement the term “pedal trolley” shall refer to the vehicle which Operator
has described as a four (4) wheeled open air, pedal vehicle with seats for fourteen (14) passengers
and one (1) driver, a photo of which is attached hereto as Exhibit A. The pedal trolley must have
operating lights, turn signals, be equipped with reflective gear, other safety notifications and
provide for seat belts for all riders. Operator shall immediately notify the City if the pedal trolley
deviates in any fashion from the form represented in Exhibit A. Should Operator wish to operate
its business at a date not authorized under this Agreement, Operator shall seek written approval
from the City not less than thirty (30) days before the intended date of operation. It shall be the
City’s sole decision whether to approve such a request and such approval maybe denied for any
reason.
2. Termination. This Agreement may be terminated at any time by Operator who shall
give prompt written notice to the City of its intent to terminate, or by the City upon its
determination that the pedal trolley service as conducted by Operator poses an unreasonable risk
of harm to the public, or that Operator has violated a law or a material term or condition of this
Agreement, or for any other reason related to the operation being detrimental to public good. The
City shall give advance written notice of its intent to terminate twenty (20) days prior to the
termination effective date, unless the termination is due to unreasonable risk of harm or to other
urgent condition, in which case the City may terminate immediately and shall provide prompt
notice to Operator.
3. Compliance with State Alcoholic Beverage Laws and Regulations. The laws and rules
governing sale, use, distribution and consumption of alcoholic beverages are regulated by the State
of Indiana through its Alcohol & Tobacco Commission (ATC). By entering this Agreement with
Operator, the City of South Bend, makes no representation nor shall this Agreement be construed
to be affirmation by the City that Operator’s business model conforms to or complies with State
law. Operator understands that it is subject to the law and regulations of the ATC, that it will
comply with those rules, regulations, and conditions, as well as with any other State, Federal or
local law, and that it has or will secure any necessary approval of the ATC.
4. Hours of Operation. Operator intends to conduct its business with the following
schedule: Sunday 11:00 AM and 9:00 PM; Monday 11 AM to 10 PM; Tuesday – Thursday, 11
AM to 10 PM; Friday 11 AM to 10 PM; Saturday 12 PM to 10:00 PM.
5. Conductor or Responsible Person. Operator shall designate, use, and be responsible
for one person per fourteen (14) passengers who shall serve as driver and/or conductor of each
pedal trolley. Such person shall be over the age of twenty-one (21) years and any driver shall have
a valid commercial driver’s license (CDL). A conductor and/or driver is further subject to the
following terms and conditions:
a. He or she must wear a vest or upper body garment constructed of 360 degree
reflective material at all times while driving or conducting the pedal trolley;
b. He or she must not consume any alcoholic beverage or medication that produces
drowsiness within (twelve) 12 hours prior to, nor at any time during operation of the pedal trolley;
c. He or she must wear clothing which clearly identifies that he or she is an employee
of Operator.
d. He or she is responsible for the enforcement of Operator’s rules of participation,
including but not limited to, adherence to Indiana’s public container laws, the prevention of
excessive public intoxication, public urination, excessive noise, littering, and any other vulgar and
or inappropriate or unsafe behaviors.
6. Clean, sanitary condition. Operator shall assure that all pedal trolley vehicles operated
within the City are in clean, sanitary condition.
7. Designated Route. Operator shall provide the City with a route(s) in which they intend
to operate. It shall be Operator’s sole responsibility to notify the City if there is a change to a
planned route. The City reserves the right to restrict such route(s) if the City has a legitimate
safety concern. Drop off of passengers must be on the same side of the street as the destination to
be visited.
8. Parking Locations. Operator shall coordinate with private venues for interim parking of
the pedal trolley. At no point may Operator leave or otherwise abandon the pedal trolley for more
than one (1) hour in the public right of way. Operator acknowledges that it is responsible for
abiding by all City ordinances and signage associated with or related to parking.
9. Speed and Safety. Operator agrees not exceed any speed that places at risk the safety
of passengers, other vehicles and/or pedestrians, and agrees to abide by all safety standards and
requirements as required by City Ordinance or Indiana State Law.
10. Indemnification. Operator shall indemnify, hold harmless and defend, by counsel of
the City’s choosing, the City and its respective boards, officers, agents, officials and employees
for any and all third party 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 any 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 pedal trolley. Such indemnity shall include attorneys’ fees
and all costs and other expenses arising therefrom or incurred in connection therewith and shall
not be limited by any insurance coverage required by this Agreement or otherwise carried by the
Operator. Operator confirms that the person signing this Agreement on behalf of Operator is an
officer or employee of the Operator with authority to legally bind the Operator, and the Operator
shall be required to post an indemnity bond in favor of the city. Such indemnity bond shall be in
a form approved by the City’s legal counsel.
11. Insurance.
a. As a condition of this Agreement to operate a pedal trolley service system, Operator shall
purchase and maintain a policy of commercial general liability insurance that will protect it and
the City from claims for damages because of bodily injury and personal injury, including death
and claims of damages to property which may arise out of or result from the operation,
maintenance, or use of the pedal trolley.
b. The commercial general liability insurance required under this section shall be not less than:
(1) each occurrence limit of $1,000,000.00; (2) $100,000.00 for damage to rented premises;
(3) $700,000.00 for personal and advertising injury; (4) $1,000.000.00 products/completed
operations; (5) $1,000,000.00 auto liability; (6) $2,000,000.00 general aggregate limit; (7)
$5,000,000.00 excess/umbrella liability. A certificate of insurance naming the City as an
additional insured showing such coverage then in force, but not less than the above amounts,
shall be submitted by the Operator prior to placing any of its pedal trolleys within the City’s
public right of way. Such certificate shall contain a provision that the policies and coverage
afforded thereunder will not be canceled until at least 30 days after written notice is given
to the City’s Public Works Director and Corporation Counsel.
12.Assignment. Operator shall not assign this Agreement or any of its rights or privileges
to any person or entity without prior written approval of the City.
13. Counterparts. This Agreement may be signed in counterparts, each of which is an
original and all of which taken together form one single document.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Operation
of Pedal Trolley Within City Of South Bend, Indiana to be effective as of August __, 2022.
TIARRA HAMMOND, LLC d/b/a
THEJUMPOFF
___________________________________
(Signature)
__________________________________
(Printed Name and Title)
__________________________________
(Signature)
_________________________________
(Printed Name and Title)
April 25, 2023
From:Michael Schmidt
To:Theresa Heffner
Subject:FW: Pictures of Trolley
Date:Friday, April 21, 2023 1:22:18 PM
From: rhonda douglas <rdouglas95@yahoo.com>
Sent: Friday, April 21, 2023 12:29 PM
To: Michael Schmidt <mschmidt@southbendin.gov>; Shanon Buari <buari@aaklaw.com>; Tiarra Hammond <tiarraracquille@gmail.com>
Subject: Pictures of Trolley
Good afternoon please find attached the pictures of the trolley. Keep in mind final touches are being made. Let us know if you need anything else. We look forward seeing you on Tuesday 930am.
Thank you.
Sent from Yahoo Mail on Android
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 4/18/23
Name Michael Schmidt Department Legal
BPW Date April 25, 2023 Phone Extension Ext. 5860
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name Michael Schmidt
Dept. Attorney Attorney Name Michael Schmidt
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
Other: x Ease./Encroach
Required Information
Company or Vendor Name Tiarra Hammond, LLC dba The Jump Off Trolley
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Agreement to Operate Pedal Trolley in Right of Way
Project Number NA
Funding Source
Account No.
Amount N/A
Terms of Contract As attached
Purpose/Description _______________________________________________________________
_____________________________________________________________
For Change Orders Only
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