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HomeMy WebLinkAboutAgreement for Operation - Operate Pedal Trolley – Tiarra Hammond, LLC dba The Jump Off Trolley1316 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 May 14, 2024 Ms. Tiarra Hammond, LLC d/b/a The Jump Off Trolley 1102 Brook Run Dr., Apt. 2B Mishawaka, IN 46544 RE: Agreement for Operation Dear Ms. Hammond: At its May 14, 2024 meeting, the Board of Public Works approved the above referenced agreement for the operation of a Pedal Trolley within City of South Bend, Indiana for the 2024 season. 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 MURRAY L. MILLER BRIANA N. MIcou 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, 213, 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, 2024 through October 31, 2024. 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 aiva nrmmnt xxmittan nntina to the C;hr of itc infant to tarminata nr by tha C;hr nnnn itc 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. To the extent Operator wishes to permit its customer's to consume alcohol while the pedal trolley is in use, Operator does so at its own risk and must ensure that it maintains full compliance with Indiana law and ATC guidance. 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 12 AM; Saturday 12 PM to 12 AM. The City reserves the right to modify these hours should there be a public safety basis for such change. 5. Conductor or Resoonsible 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) or a public passenger chauffer's license. 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 parry 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) $3,000,000.00 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 ZI onda 3[I Mpil— (Printed Name and T e) (Signature) I jar,(, M m D ^p p CITY OF SOUTH BEND, INDIANA _ BOARD OF PUBLIC WORKS (Printed Name and Title) �?1 Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Briana Micou, Member 4 �4 Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: May 14, 2024 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 4/24/24 Name Michael Schmidt Department Legal BPW Date May 14, 2024 Phone Extension Ext. 5860 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Michael Schmidt Michael Schmidt 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 n Other: xn Ease./Encroach Information Company or Vendor Name Tiarra Hammond, LLC dba The Jump Off Trolley ❑ Yes❑ If Yes, Approved by Purchasing New Vendor ® No Yes MBE MBE/WBE Contractor Completed E-Verify Form Attached ❑ ❑ No Project Name Agreement to Operate Pedal Trolley in Right of Way 2024 Season Project Number NA Funding Source Account No. Amount N/A Terms of Contract As attached Purpose/Description For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: