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HomeMy WebLinkAboutResolution - 101476E - Agreement Transit Service Contract- Transit Division Of America Transit Co& TTU - 10_14_1976RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby author- ized and directed to execute the City of Lubbock's Agreement to Transit Service Contract between Lubbock Transit Division of American Transit Corporation and Texas Tech University, attached herewith which shall be spread upon the minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of October 1976. " u ROY BASS, MAYOR ATTEST: iA_ a �AOL� Treva hillips, City r etary-Treasurer APPROVED AS TO FORM: Fred O, Senter, Jr. , Cit Attorney Contract No, l61 �r AGRL'1MENT This agreement, made and entered into this 14th day of October 1976, by and between LUBBOCK TRANSIT DIVISION OF AMERICAN TRANSIT CORP. (herein- after referred'to as the "Company"), and THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY at'Lubbock, Texas (hereinafter referred.to as'the "University"). WIT'NESSETH: WHEREAS, the parties hereto are aware of the traffic and parking problems on the campus of the University as it relates to the expanding campus and the increasing number of students, staff, and faculty of the University; and WHEREAS, the above -named parties are desirous of relieving some of the traffic congestion•and expediting transit -between areas in and immediately adjacent 'to said University campus; and WHEREAS, this Agreement embodies the intention and resolution of the above - named parties NOW, THEREFORE, WITNESSETH THIS AGREEMENT: Term . It is agreed and understood by and between the parties hereto that a University bus service utilizing approximately eight (8) buses will be provided by Company during a period beginning with August•30, 1976, and terminating on August 20, 1977, provided, however, that either Company or University may terminate said bus service upon Thirty (30) days written notice delivered to the other by registered mail. Bus Operations With respect to bus operations, Company and University agree that the following conditions shall apply: L ` A. Company will. furnish -buses having a seating capacity 4 (Manufacture rated) of not less than 33 with driver operated front and side doors. It is agreed that. certain seats may be removed from said buses to. facilitate the on and off necessary to accommodate the'high volume of passenger turnover; except that all buses will provide seats for not less than 26 passengers. The Company will provide the necessary personnel to service the route or routes designated by the University during the period specified in the preceding Paragraph I of this Agreement. The number of buses and the operating periods will be subject to continuous review, and the University will advise Company with regard to its needs and with respect to ' any changes in the number of buses and/or operating periods; subject to equipment availability, said changes shall be instituted by Company within five (5) days after receipt'of written notice from University. Initial service commencing on August 30, 1976, shall be on a schedule provided by the University, prior to that date. B. In the event that it develops during any portion of the period first.specified in Paragraph I hereinabove,.that. a change in or extension of a route, or -a new route,,is `necessary or desirable, Company shall make such change or extensions of.a route or routes`, or add a new route, upon University's request. The charges to ,be made by Company therefor shall'be upon the basis, and shall be subject to the conditions and limitations, as.are set forth in Subparagraph K of this Paragraph hereinbelow. Also in the event it develops during said period that an additional bus or buses are required in order -to meet the demand for said bus service during any opera- ting period or periods, Company,.if it is able to.provide same; at the University's written request, shall provide such additional bus or buses for said service during said operating period or periods upon the same basis, as 'is set forth hereinabove. University shall have the right to terminate any such changes, extensions, or new ` routes upon five (5) days' written notice to the Company. C.= Buses shall stop to receive or discharge the passengers entitled to use, and using, bus service at such points as shall be agreed upon from time 'to time during said period, between Company and University, and University - will identify the points at which stops will be made by said buses. Acceptable markers will be provided by the Company. D.. Company will exercise due diligence to adhere to the time schedules hercinabove referred to, but minor deviations ' therefrom due to variations in traffic, weather or load conditions shall not be deemed to be a default hereunder. 2 . E. Company shall not collect fares from its passengers, but 'shall charge University for providing said bus service the sum of nine dollars and eighty cents ($9.80) per hour for each bus used in said service. Company shall submit an invoice at the end of each month showing the amount due for service provided. Contemporaneously therewith, Company will present University with a billing at the close of operations on the last day of each•month,.such bills to be paid as ' tl rom - •p p y as possible 'in.the usual course.of University - • business. The Company will provide income and expense' statement at the end of contract period.' The total of this contract shall .not exceed $113,000. • III.'.. Supplemental Bus..Service In addition to the scheduled bus service over..specified routes'as pro vided for in Paragraph II hereinabove, Company shall furnish such other supplemental service, if equipment is available, for the transportation of special groups as may be designated by University. 'Such supplemental service shall be furnished by Company•at any time during the hours from 7:00 a.m. to 11t30 p.m., upon receipt•of three (3) days' written notice from University.-• Company will charge University -for providing said supplemental service the sum of nine dollars and eighty cents ($9.80) per hour,,for a minimum of three hours, for each bus used in.said service. Billing'periods and reports of operation -shall be submitted in accordance with the provisions of Subparagraph B of. Paragraph II hereinabove, and. subject to Paragraph II, Subparagraphs A•and.B. IV., Publicity University will undertake and conduct a program designed to publicize. the existence of said bus service and to acquaint its staff members and students -with the availability of the same during the period in which it is provided in accordance with and under this Agreement. The Company will provide appropriate -time tables for convenience of students. V. Service Provided A. Company will provide and use at all times buses that are in .good and safe mechanical condition, and are also in reasonably clean condition, and will also provide competent and duly licensed drivers by whom said buses shall be driven, and Company will assume full and complete responsibility for the condition of said buses and the qualifications and competence of their drivers, at all times, and University assumes no obligations whatsoever for either of the same. B. Said bus service to be provided hereunder during said period shall not be open to use, or to be used, by the general public, but the use thereof shall be limited exclusively to University staff mem- bers, students, and such persons as may be designated by University as "Authorized Passengers"; provided, however, that nothing herein shall be construed to prohibit the use by the Company of such buses for purposes other than as set forth herein, when such buses are not needed by Company to carry out the terms hereof. VI. INDEPENDENT CONTRACTOR RELATIONSHIP In providing and furnishing said bus service during the term hereof, Company shall act solely in the capacity of and as an independent contractor, and not as agent or employee of University, and University shall have no control over Company's operations in connection with providing said service except as hereinabove provided and University shall have no control or supervision whatever over the drivers of the buses used in said servige'who shall be employed by Company. Said drivers shall constitute Company's employees only, shall not constitute agents or employees of University, and shall be subject solely to Com- pany's supervision and control. 0 Insurance and Risk A. It is recognized by the parties hereto that Company and the City of Lubbock, Texas have entered into an agreement for the purpose of Company providing transportation services in and around the City of Lubbock, including to the University. That under said agreement the City carries and keeps in force an insurance policy insuring both City and Company against liability for personal injury or property damages arising out of the operation of said bus services and that the services provided herein are also conducted pursuant to the agree- ment between the City of Lubbock and Company. At all times during which Company shall provide the bus services mentioned herein and upon the above and foregoing terms and conditions University shall be protected under City's insurance coverage against liability and personal injuries or personal damages arising out of the operation of said bus service to the extent of at least $100,000 for personal injury to any one 4 personi $300,040 for each occurrence and $50,000 for property damages sustained in any accident or occurrence arising out of the operation of said bus service and the University shall be furnished a certificate of City's insurer showing coverage to be at least in the sums just stated. Said insurance policy shall name and include."the Board of Regents of Texas Tech University" as named insured. Said policy or policies shall, upon request, be subject to the examination and approval. of University. B. Company, as a named insured under City Is insurance coverage, assumes to the extent of the insurance coverage maintained by the City, the risk of and.University shall not be liable for damage to any and all buses or other Company property used in the bus service operation regardless of the cause thereof. To the extent of the proceeds of such insurance, the University shall be reimbursed for any damage or injury to University property arising out of or resulting from the said bus service operation except that no such reimbursement shall be made for 1) damage to pavement by normal operation of buses, or 2) any damage or injury caused by acts or omissions over which Company, its employees, or agents had no control. VIII. . Maintenance Company agrees to maintain and operate said bus service and the buses used in providing the same in a safe, efficient and lawful manner and,. in so doing, shall fully comply with all applicable statutes, municipal ordinances, and traffic rules and regulations promulgated by the University. IX. Miscellaneous A. It is further agreed that this Agreement is made solely for the benefit of University and Company, that it is not made for the benefit of any third person, whether a staff member or student of University, or otherwise, and that no action or defense may be founded upon this Agreement except by the parties signatory hereto. B. In no event shall the Company be deemed to be in default of any provision of this Agreement for failure to perform where such failure is due solely to strikes, walkouts, civil insurrections or disorders, acts of God, or for any other cause or causes wholly beyond the control of the Company. In such eventuality the University shall have the right to procure appropriate transportation service from others during the period. If, for any reason beyond the control of the University, including but not limited to epidemics, student strikes 5 or disorders, or severe weather conditions, the University may, upon twelve (12) hours notice to the Company, request the temporary sus- pension of bus service until the resumption of normal class schedules, in which event the Company will not furnish buses or be paid for ser- vices until the resumption of service. The University shall,.in such cases, notify the Company twelve (12) hours in advance of the time service is to be resumed. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their respective names and behalf by their duly authorized officers and agents and their respective seals to be hereunto affixed, all as of the day of A.D. 1976. THE BOARD OF REGENTS OF LUBBOCK TRANSIT DIVISION OF TEXAS TECH UNIVERSITY AMERICAN TRANSIT CORP. Clint Formby, Chairman D. A. Richter, President ATTEST: ATTEST: Freda Pierce, Secretary Huoh C. Ashby, Secreta ACKNO14LEDGED AND AGREED TO: CITY OF LUBBOCK ,t IN , y 6