Ordinance No. 4,69570423 -2
ORDINANCE NO. 4695
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH NATIONAL TRANSIT SERVICES, INC. FOR THE PROVISION
® OF COMMUTER PARK- AND -RIDE SERVICE BETWEEN BAYTOWN AND
HOUSTON; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1:
Texas, hereby
Services, Inc.
service between
the Mayor and
attest to said
hereto, marked
intents and purpi
That the City Council of the City of Baytown,
approves an agreement with National Transit
for the provision of commuter park -and -ride
Baytown and Houston, and authorizes and directs
City Clerk of the City of Baytown to execute and
agreement. A copy of said agreement is attached
Exhibits "A," and made a part hereof for all
)ses .
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 23rd day of April,
1987.
Mayor �.. •
ATTEST:
EILEEN P. HALL, City Clerk
® RANDALL B. STRONG, Co Attorney
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Exhibit "A"
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® CONTRACT
BETWEEN
® CITY OF BAYTOWN, TEXAS
AND
NATIONAL TRANSIT SERVICES, INC.
FOR
COMMUTER BUS SERVICES
In consideration of mutual promises and covenants
hereinafter contained, this Contract is made and entered by and
between the City of Baytown, Texas, hereinafter called and
referred to as "City," and National Transit Services, Inc., a
Texas corporation (or such corporate subsidiary as National
Transit Services, Inc. may organize), hereinafter, called and
referred to as the "Contractor."
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ARTICLE I
Services to be performed by Contractor
The
Contractor shall perform all necessary
services and
operations
to provide operationally dependable
commuter bus
services
between the City of Baytown, Texas, and Houston,
Texas,
over routes
and schedules to be mutually determined
from time to
time by the parties. The Contractor shall furnish
all vehicles,
personnel,
supervision, fuel, insurance, materials,
repairs, etc.
to perform
the commuter services, except those items
specifically
®
described
in Article II of this Contract, and
in accordance
with the
description of routes and schedules
designated as
®
Attachment
"A" to this Contract and mutually
agreed and
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modified from time to time by the parties. Such vehicles shall
be reasonably suited to the purpose intended in this Contract
® and shall be reasonably maintained and kept in good repair and
properly cleaned for the comfort of the passengers.
ARTICLE II
City furnished property and services
The City shall furnish the property and services
specifically described herein to the Contractor for use in
connection with this Contract at the times and locations stated.
A. Parking Facilities. The City shall provide designated
parking facilities for automobiles for commuters wishing to
travel by Contractor's buses in a location suitable to and
accessible to a direct route between Baytown and Houston.
The City shall be responsible for any leasing requirements as
well as the cost of preparation, signage, markings, and
repairs to all parking lots, if any.
B. Project Coordination and Marketing. The City shall be
responsible for promoting the availability of commuter bus
service and providing ongoing project coordination services,
particularly in the task of organizing and coordinating pools
of subscription bus riders if the Contractor chooses to run
subscription bus services.
ARTICLE III
Compensation
In consideration of the commuter bus services provided by
the Contractor, the City shall provide parking facilities,
® program coordination and promotion services.
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Contractor shall be entitled to establish all fares for
commuter bus services after consultation with the City.
Contractor shall be entitled to change all fares for commuter bus
® services upon consultation with the City and upon giving public
notice at least thirty (30) days in advance of change of fares.
Such change in fares shall not be effective until the end of a
monthly subscription period. Contractor shall collect and retain
all fare receipts as Contractor's property. Contractor shall not
be subject to an audit of its financial statements in the opera-
tion of bus services under this Contract unless required by any
grant from which money was obtained in the planning or promotion
of bus service under this Contract. The Contractor shall present
a report in December of each year to the City Council to reflect
the operations and conditions of performance under this
agreement.
ARTICLE IV
Insurance requirements
A. The Contractor shall provide, at his own expense,
insurance coverages at limits not less than those
specified, as set forth herein:
1. Worker's Compensation Insurance providing statutory
limits of liability and Employers's Liability Insurance
with a limit of liability not less than the limit
required by the Umbrella Excess Liability, as described
® in subparagraph A.4.
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® 2. Comprehensive General Liability Insurance for Bodily
Injury and Property Damage with coverages extended for
and endorsements to the policy as stated in 2.a. through
® 2.e. below with a limit of liability not less than the
limit required by the Umbrella Excess Liability, as
described in subparagraph A.4:
a. Operations - Premises Liability;
b. Independent Contractors Liability - Broad Form;
C. Contractual Liability covering the Contractor's
obligations hearing;
d. Personal Injury Liability extending to claims
arising from employees of the Contractor;
e. Completed Operations and Products Liability.
3. Automobile Liability Insurance covering all owned, hired
and non -owned vehicles used in connection with this
Contract with a limit of liability not less than the
limit required by the Excess Umbrella Liability, as
described in subparagraph A.4.
4. Excess Umbrella Liability Insurance coverage with a
limit of liability of not less than $2,000,000 over the
coverages provided by paragraphs A.l., A.2., and A.3.
B. Certificates of insurance evidencing the coverages
required by A.2. above, shall be delivered to City prior to the
commencement of any work associated with this Contract. Such
certificates shall provide for a thirty (30) day advance written
notice to City of any cancellation or material change in the
® insurance policies.
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® C. All policies shall be endorsed as follows:
1. City as an additional insured (not applicable to
Worker's Compensation),
® 2. Waiver of Underwriters' and Insurance Carriers' right of
subrogation against City.
D. All such insurance required by this Contract shall be
provided by insurance companies having a Best's rating of B+ or
greater: VII or greater, as shown in the current issue of Best's
Key Rating Guide, Property - Casualty.
E. If any part of the services to be performed under this
Contract is sublet, similar insurance shall be provided by or on
behalf of the subcontractor to cover their operations. Evidence
of such insurance, satisfactory to City, shall be furnished by
the Contractor. In the event a subcontractor is unable to
furnish insurance in the limits or coverages required by this
Contract, the Contractor shall endorse the subcontractor, as an
additional insured on the Contractor's policies, excluding
Worker's Compensation and Employer's Liability.
F. The insurance described within this article sets forth
minimum limits of liability and coverages required and is not to
be construed in any way as a limitation of the Contractor's
liability.
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ARTICLE V
Indemnity
The Contractor agrees to indemnify, defend and hold City
harmless from any and all claims and lawsuits by third parties
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® (including, but not limited to, employees and agents of City and
the Contractor) arising from the actions of Contractor in the
performance of this Contract, including the payment of all
® damages, expenses, penalties, fines, costs, royalties, charges
and attorneys' fees incurred by City, whether these claims or
lawsuits are based upon breach of warranty, strict liability in
tort, any failure by the Contractor to comply with any laws
pertaining to the Contract, the use of patent appliances,
products, or processes or any breach by the Contractor of any of
its other duties, representations, covenants, or other agreements
in the Contract. The Contractor shall defend all suits brought
upon all such claims and lawsuits and shall pay all costs and
expenses incidental thereto.
® ARTICLE VI
Term
The term of this Contract shall be seven (7) years from the
execution of this Contract, provided that this Contract shall be
terminated if the Contractor for any reason discontinues
providing commuter bus services from Baytown to Houston under
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this Contract. Contractor shall have the right, without any
penalty whatsoever, to discontinue a commuter bus service after
fourteen (14) days public notice of its intent to discontinue
commuter bus service. Contractor shall refund the purchase of
all unused subscription coupons or tickets upon discontinuance of
® commuter bus service. The City may terminate this Contract upon
the failure of the Contractor to reasonably meet the requirements
of .the Contractor set forth hereinabove.
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®
ARTICLE VII
Promotion
The City agrees that
it will not promote any other
provider
of commuter bus services
between Baytown and Houston as
long as
the Contractor provides
safe and reliable commuter bus
services
under this Contract.
IN WITNESS WHEREOF, the
City and the Contractor have
executed
this Contract and it shall
be effective on the
day of
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CITY OF BAYTOWN NATIONAL TRANSIT SERVICES, INC.
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
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BY:
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