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Home My WebLink AboutAGMT - Long Beach Public Transportation Company (Route 171 and 131)Agreement between Long Beach Public Transportation Company and City of Seal Beach THIS AGREEMENT is made and entered into this 15 day of May, 2014, by and between the Long Beach Public Transportation Company, (hereinafter referred to as "LBT"), and the City of Seal Beach (hereinafter referred to as "the City"), who are also referred to in this Agreement each individually as a "Party" and collectively as the "Parties." WHEREAS, the City has requested public bus transportation be routed to enable passenger service; and WHEREAS, LBT is able to accommodate the requested route change; and WHEREAS, the City owns and maintains the streets upon which the LBT routes traverse within the City. NOW, THEREFORE, it is mutually understood and agreed by LBT and the City as follows: ARTICLE 1. COMPLETE AGREEMENT This Agreement constitutes the complete and exclusive statement of the terms and conditions of the agreement between LBT and the City and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other terms or conditions. Changes hereto shall not be binding upon either party except when specifically confirmed in writing by an authorized representative of LBT and the City. K & U The President and Chief Executive Officer of LBT, or designee, shall have the authority to act for and exercise any rights of LBT as set forth in this Agreement subsequent to, and in accordance with, the authorization granted by LBT's Board of Directors. The City Manager of the City, or designee, shall have the authority to act for and exercise any rights of the City as set forth in this Agreement subsequent ARTICLE 3. SCOPE OF AGREEMENT In consideration of the foregoing, LBT agrees to continue to provide the City with public transportation services at the level referenced in Appendix 1, "Proposed Route 171 and 131 Extensions". It is understood and agreed that the level of said services, route designations, and rates are otherwise subject to the control and discretion of LBT. F-11 Oki K41 a : : • iv, I Lei This Agreement shall commence upon execution by both parties and shall become effective when signed by both parties and shall continue in full force and effect until terminated by either party by written notice as outlined in ARTICLE 6. LBT will assume responsibilities for maintaining all LBT-exclusive bus stops to this Route Extension within the City of Long Beach- M ram.. 11 11!!11 11,11 and any new or existing bus stop amenities needed within the City and the City will coordinate with LBT on the requirements and specifications of any new N The City will coordinate with LBT on any proposed changes to any bus stops within the City utilized by LBT. ARTICLE 5. FINANCIAL IMPACTS The City agrees to pay to LBT as reimbursement for LBT providing public transportation services within the City per LBT's annual Billing Calculation for similar services provided to surrounding cities. LBT's annual Billing Calculation is subject to change and is based on LBT's fiscal year (July 1St through June 30th) service data. The sum of ten thousand dollars ($10,000) is payable in two (2) equal installments of five thousand dollars ($5,000) for the fiscal year July 2014 through June 2015. The initial installment payment of five thousand dollars ($5,000) is due on June 30, 2014. For subsequent fiscal years, the annual Billing Calculation as determined by LBT, will be provided to the City annually prior to June of the Fiscal year, and will be paid by the City in two installment payments. The installment payments shall be due on the last day of the months of December and June of each fiscal year. In the event this Agreement shall be terminated prior to June of any fiscal year, said payment shall be pro -rated to the date of termination. ARTICLE 6. TERMINATION Either LBT or the City may terminate this Agreement by giving the other party thirty (30) days prior written notice. Any such notice should be sent to: City of Seal Beach Attn: City Manager's Office 211 Eighth Street Seal Beach, CA 90740 Long Beach Public Transportation Company Attn: President & Chief Executive Officer 1963 E. Anaheim Street Long Beach, CA 90813 3 ARTICLE 7. PARTY EMPLOYEES LBT Employees- For purposes of this Agreement, all persons employed in the performance of services and functions for LBT shall be deemed LBT employees and no LBT employees shall be considered employees of the City, nor shall such LBT employees have any City pension, civil service, or other status while an employee of LBT. City Employees- For purposes of this Agreement, all persons employed in the performance of services and functions for the City shall be deemed City employees and no City employees shall be considered employees of LBT, nor shall such City employees have any LBT pension, civil services, or other status while an employee of the City. ARTICLE B. MUTUAL INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND Neither Party nor any of its respective officers, agents, volunteers, contractors, or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of another Party under or in connection with any obligation delegated to the Parties under this Agreement. Each Party shall indemnify, defend and hold harmless the other party, its officers, agents, volunteers, contractors, and employees from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of the Party's own officers, agents, contractors, or employees under or in connection with any obligation delegated to such Party under this Agreement. This indemnity shall survive termination of this Agreement. Government Code Section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public entities being parties to an M agreement as defined in Government Code Section 895. Therefore, the Parties hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, each assumes the full liability imposed upon it or any of its officers, agents, representatives or employees by law for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Party indemnifies and holds harmless the other Party for any loss, cost, or expense, including reasonable attorneys' fees that may be imposed upon or incurred by such other Party solely by virtue of Government Code Section 895.2. THIS AGREEMENT SHALL BE EFFECTIVE UPON EXECUTION BY ALL PAIRTIES. CITY OF SEAL BEACH By: Name: Jill R. Ingram U Title: City Manager Date: 6/9 /14 ...HHOR W Name: KenWh McDonald Title: President & Chief Executive Officer Date: -51 /it /1� . .1 u @ 000A @i y�� - . , - $ � � e . � � $ 2 ' v" �. . . » co k 7 o / ® ° ? IL 7 m 2 2 $ . \ E / - . . . r \ ƒ n ƒ c 2 R & $ \ \ \ : 2 0 / co Z `.. o \ \ $ & ` « .. . o m g 2 m E § e a nLL [ _ f CL ƒ a ƒ ) k § LU UJ ¢ \, . . e e 7 q _ � c R L.1 i q i H e . 4 f Ip 4p Q 1, 0 -MIX # \ b � ui uj a s 1 G 't t I YNpp O ,` yV •Y �i wl� l�Wn ♦ -Yt,, Ah��. ♦. Mrn� S CL O U} O LL J] t5 p O o a QCCi D W L c C r Qi a) q C �- CL �/"� c 0 °a U_ ° c N O O ~ c o w n. n. m_j 0 w d