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HomeMy WebLinkAboutResolution - 2023-R0349 - Flixbus/Greyhound Location Services Agreement - 07/11/2023Resolution 2023-R0349 Item No. 5.16 July 1l, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for Location-Related Services, by and between the City of Lubbock and Greyhound Lines, Inc., and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on July 11, 2023 TRAY A , AT EST: Co rtney Paz, City S retary APPROVED AS TO CONTENT: Bill How on, Deputy Manager FORM: Mi City Attorney ccdocs II/RES.Agrmt-Greyhound Lines, Inc. June 29, 2023 Resolution 2023-R0349 AGREEMENT FOR LOCATION-RELATED SERVICES BETWEEN TICKET RESELLER AND GREYHOUND LINES, INC. This Agreement for Location-Related Services is made effective as of February 22, 2023 ("Effective Date") between Ticket Reseller and Greyhound Lines, Inc. ("Agreement") is entered into by and between Greyhound Lines, Inc. on the one hand ("Greyhound"), with its principal place of business at 315 Continental Avenue, Dallas, Texas, 75207, and The City of Lubbock ("Carrier") on the other hand (referred to herein as "Reseller" or "Carrier"), with its principal place of business at 1314 Avenue K, Lubbock, TX 79401 (collectively the "Parties" and individually a"Party"). WHEREAS, FlixBus has engaged Reseller as its non-exclusive agent at a facility located at 801 Broadway Avenue, Lubbock, TX 79401 (the "Location") to make Bookings on its behalf from the Location and the Reseller accepts such appointment; and WHEREAS, Reseller also agrees to provide certain services at the Location pursuant to the terms herein. Reseller's Representations and Responsibilities 1. Location. To ensure that the Location is equipped, clean, safe and suitable for the transaction of Greyhound business and the accommodation and comfort of its patrons including suitable waiting room or space, adequate sanitary toilet facilities, and handling of baggage; to maintain all areas of the Location including the waiting room, restrooms, ticket counter, driveways, walks, approaches and premises appurtenant thereto in a clean, sanitary and safe condition at all times. 2. Baggage / Lost & Found. To properly protect and be responsible for the safeguarding and accounting of baggage including issuing under bus baggage tags with proper and legible destination noted thereon, requiring that an identification tag be affixed to the exterior of all customer baggage, and otherwise abiding by all baggage procedures established by Greyhound and FlixBus, Inc. 3. Serving Customers with Disabilities. Reseller represents and warrants that the Location and the services will be operated in compliance with all applicable laws related to serving customers with disabilities including the Americans with Disabilities Act ("ADA"). Without limiting the foregoing, Reseller agrees to assist boarding or deboarding of customers with disabilities and will provide such other assistance or accommodations to customers to the extent required by law or regulation. 4. Nondiscrimination in Services. Reseller is committed to ensuring that no person on the basis of race, color, national origin, ethnicity or any other protected category will be excluded from participation or subjected to discrimination in the level and quality of services or related benefits provided by Reseller, its employees, 1 LIMITED SHARING affiliates, and contractors. Reseller must post a public Title VI Notice to Beneficiaries in compliance with Circular FTA C 4702.1 B, Appendix B. The notice must be displayed in public areas at Reseller's physical location(s) in areas available to the public and on its website. The notice must be translated into languages other than English as needed. Reseller's Bus Servicinq Responsibilities 1. Data Entry. Reseller will be required to enter each service that has been requested and approved into the M5 system in order to receive payment. 2. Rate Schedule. Rates shall be as agreed by the Parties and may change from time-to-time. Fees to be paid weekly upon approved entry in M5 system. Dailv Compensation For all other services, Reseller shall be compensated at a daily rate (herein "Daily Compensation") as follows: Daily Compensation. For leased premises of Greyhound, an amount of $101.31 per day shall be paid to the Reseller. No additional non-contracted amounts will be paid to Reseller. GREYHOUND LINES, INC. By: c\� Name: � ZS � � � � Title: ��`� �d"`�S'�' Date: � / �-��2 3 , THE CITY OF LUBBOCK By: Name: ay Payne Title: Mayor Date: July 11, 2023 � LIMITED SHARING