HomeMy WebLinkAboutResolution - 612 - Agreementt - TMC, & TTU - Campus Bus Service - 09/25/1980DGV:bs RESOLUTION #612 - 9/25/80
iBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
'between Transit Management Company of Lubbock, The Board of Regents of Texas
;Tech University at Lubbock, Texas, and the City of Lubbock, Texas, for bus
service on the campus of Texas Tech University, a copy of which is 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 25th d
'ATTESTi-
evaelyntGaffga-, City c -Treasurer
APPROVED AS TO CONTENT:
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
G
G. Vandiver, Firs-E"Asst. City Att
RESOLUTION #612 - 9/25/80
411
AGREEMENT
This agreement, made and entered into this 25th day of September , 1980, by
and between TRANSIT MANAGEMENT COMPANY OF LUBBOCK (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 agreement dated
September 25, 1980, 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:
I.
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 the period beginning with October 1, 1980, and terminating on September
30, 1981, 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 facilitate 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 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 October 1,
1980, 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, removal of a route, or addition of a new route is necessary
or desirable, Company shall make such changes or extensions of a
route or routes, shall remove a route, or shall add a new route upon
University's request. The charges to be made by Company, therefore,
shall be upon the basis, and shall be subject to the conditions and
limitations, as are set forth in Subparagraph E 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 operating 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
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 sixteen
dollars and fifty cents ($16.50) per hour base rate for each bus
used in said service, which charge shall be adjusted each month to
reflect any increase above the monthly average of the actual price
paid per gallon of fuel in that month by Company and a base figure
of $1.05 per gallon. The adjustment shall be based on fuel con-
sumption of 2.5 gallons per hour of operation per vehicle and shall
be accomplished according to the following formula:
Adjusted Hourly Rate per Vehicle = Base Rate + 2.5 x Fuel
Cost Above $1.05 per gallon.
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 bill to be paid as
promptly as possible in the usual course of University business.
The Company will provide income and expense statements at the end of
contract period.
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 such 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 specified
in Subparagraph E of Paragraph II hereinabove, for each bus used in said
service. Billing periods and reports of Subparagraph E of Paragraph II here-
inabove, 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 the Agreement. The Company will provide appropriate
time tables for convenience of students.
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 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.
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 an 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 service 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 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 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
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 conditions, 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 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 Univerity" as names
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 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 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 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 parties hereto have caused the Agreement to be exe-
cuted 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
25th day of September , A.D. 1980.
TEXAS TECH UNIVERSITY
Dan Williams
Interim Vice -President for
Finance and Administration
ATTEST:
Evelyn Gaffga
City Secretary -Treasurer
TRANSIT MANAGEMENT COMPANY
OF LUBBOCK
DwiadMaddox, Vice President
ACKNOWLEDGED AND AGREED TO only
in as far as set out in Section VII
A and B:
Bill McAlister, Mayor
Approved as to content:
4,,L z, a��
John L. Wilson, Transit Coordinator
Approved as to Form:
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Donald G. Vandiver
Assistant City Attorney