Loading...
HomeMy WebLinkAboutResolution - 120778B - Agreement- ATC Lubbock Transit Division, & TTU- Insurance For Campus Bus Service - 12_07_1978JCR:hw 1 �y W9(2 RESOLUTION WHEREAS, the Lubbock Transit Division of American Transit Corporation and the Board of Regents of Texas Tech University are desirous of entering into an agreement to provide bus service in and about the university, and \ WHEREAS, the City of Lubbock has agreed to maintain certain insurance policies in force which commitment arises from paragraphs 12 and 13 of an Agreement entered into between the City of Lubbock and the Lubbock Transit Division, American Transit Corporation, executed by said parties on the 18th day of November, 1976, and WHEREAS, the Board of Regents of Texas Tech University and the Lubbock Transit Division of American Transportation Corporation are desirous to have the City of Lubbock become a third party signatory to this Agreement for the sole purpose of being bound by the terms found in said Agreement at para- graph 7, sub -paragraphs A and B, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR is authorized to execute an Agreement between the Lubbock Transit Division of American Transit Corporation, the Board of Regents of Texas Tech University and the City of Lubbock but only for the purposes as specified in paragraph 7, sub -paragraphs A and B of said Agreement, a copy of which is attached to this Resolution and made a part hereof. Passed by the City Council this 7th day of December , 1978. WEST, MAYOR ATTEST: Evelyn Gaffg , City gecrefarl'-Vlasurer APPROVED AS TO FORM: n C. Ross, Jr., City Attorney 4 _AC REEMENT This agreement, made and entered into this 7th day of December 1978, by and between LUBBOCK TRANSIT DIVISION OF A"4ERICAN TRANSIT CORP. (hereinafter referred to as the "Company"), THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY at Lubbock, Texas (hereinafter referred to as the "University") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation (hereinafter referred to as "City"). W I T N E S S E T H: 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, Company and City have entered into a lease management agree- ment dated November 18, 1976 in which City is obligated to provide certain insurance covering the operation of the public transportation services in and around the City of Lubbock including the services provided under this Agreement; 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 29, 1978, and terminating on August 26, 1979, 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. II. Bus Operations With respect to bus operations, Company and University agree that the following conditions shall apply: A. Company will furnish buses having a seating capacity (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 facil- itate the ingress and egress necessary to accommodate the high volume of passenger turnover; except that all buses will.provide seats for not less than 26 pas- sengers. The Company will provide the necessary per- sonnel to service the route or routes designated by the University during the period specified in the preceding Paragraph 1 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 29, 1978 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 E of this`rParagraph 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 duringany operating period or periods, Company, if it is able to providee same, at the Univer- sity'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 ter- minate 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. -2- D. Company will exercise due diligence to.adhere to the time schedules hereinabove referred to, but minor deviations therefrom due to variations in traffic, weather or load conditions shall not be deemed to be a default hereunder. E. Company shall not collect fares from its passengers, but shall charge University for providing said bus service the sum of thirteen dollars ($13.00) 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. Contem- poraneously therewith, Company will present Univer- sity with a billing at the close of operations on the last day of each month, such bills to be paid as promptly as possible in the usual,- course "of Univer- sity business. The Company will' provide income and expense statement at the end of contract period. The total of this contract shall not exceed $150,120. Supplemental Bus Service In addition to the scheduled bus service over specified routes as provided 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 11:30 p.m., upon receipt of three (3) days' written notice from University. Company will charge University for providing said supplemental service the sum of thir- teen dollars ($13.00) per hour, for a minimum of three hours, for each bus used in said service. Billing periods and reports of opera- tion shall be submitted in accordance.with the provisions of Sub- paragraph E of Paragraph II hereinabove, and subject to Paragraph II, Subparagraphs A and B. IV. Publicity University will undertake and conduct a program designed to publi- cize 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. -3- V. Service Provided Company will provide and use at all times buses that are in good and safe mechanical condition, and are also in reasonably clean conditions, and will also provide competent and duly licensed drivers by whom said buses shall be driven, and Company will as- sume 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. 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 pro- vided and University shall have no control or supervision whatever over the drivers of the buses used in said service who shall be employed by Company. Said drivers shall constitute Company's employees only, shall not constitute agents or employees of Univer- sity, and shall be subject solely to Company's supervision and control. VII. 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 in- jury or property damages arising out of the operation of said bus services and that the services provided herein are also conducted pursuant to the agreement 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 condi- tions University shall be protected under City's insurance coverage against liability and personal injuries or personal damages arising out of the operations of said bus service to the extent of at least $100,000 for personal injury to any one person, $300,000 for each occurrence and $50,000 for property damages sustained in any acci- dent or occurrence arising out of the operation of said bus service -4- 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's insurance coverage, assumes to the extent of the insurance coverage main- tained 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 insurrec- tions 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 -5- 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 or disorders, or severe weather conditions, the University may, upon twelve (12) hours notice to the Company, request the temporary suspension of bus service until the resumption of normal class schedules, in which event the Company will not furnish buses or be paid for services 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 to be executed in their authorized officers and hereunto affixed, all as TEXAS TECH UNIVERSITY parties hereto have caused this Agreement respective names and behalf by their duly agents and their respective seals to be of the 7th day of December A.D. 1978. K nneth W. Thompson Vice President for Administration LUBBOCK TRANSIT DIVISION OF AMERICAN TRANSIT CORP. D. A. Richt r, President ATTEST: -6- reta ACKNOWLEDGED AND AGREED TO only in as far as set out in Section VII A and B: CITY OF LUBBOCK Appmved as Uk {o=, dorm G. Rosa.'.�itx. meX