Agreement for Operation - Operate Pedal Trolley – Tiarra Hammond, LLC dba The Jump Off Trolley

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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