HomeMy WebLinkAboutResolution - 2021-R0276 - Amendment TTU and CitibusResolution No. 2021-R0276
Item No. 6.11
August 10, 2021
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
and on behalf of the City of Lubbock, a Second Amendment to that certain Interlocal Trar.
System Management Agreement dated July 26, 2018, extending the term of the agreement a
increasing the hourly rate charged and minimum hour requirements, by and between the City
Lubbock and Texas Tech University, and related documents. Said Amendment is attached her,
and incorporated in this resolution as if fully set forth herein and shall be included in the minu
of the City Council.
Passed by the City Council on August 10, 2021
DANIEL M. POPE, MAYOR
ATTEST:
1
Rebe a Garza, City Secr t
APPROVED AS TO CONTENT:
Bill How o , Deputy anager
APPROVED AS -TO FORM:
Assistant City Attorney
ccdocs/RES.Amendment-Texas Tech University
August 2, 2021
Resolution No. 2021-R0276
SECOND AMENDMENT TO INTERLOCAL TRANSIT SYSTEM MANAGEMENT AGREEMENT
This Second Amendment to Int�rocal Transit System Management Agreement
("Amendment") is entered into on this, the day of UgUS 2021 by and between the City
of Lubbock, Texas, a Texas municipal corporation ("City") and Texas Tech University, a Texas public
institution of higher education ("University"), collectively the "Parties".
WHEREAS, the Parties entered into an Interlocal Transit System Management Agreement
(the "Agreement") dated July 26, 2018 (Resolution No. 2018-110231) setting forth certain terms
and conditions respecting the provision of transportation services to University by City; and
WHEREAS, the Agreement provided for a term of two (2) years; and
WHEREAS, the Parties on July 14, 2020 by amendment extended the term of the
Agreement for an additional year (Resolution No. 2020-110221) and increased the hourly rate
charged; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional
year, as set forth below, with an increase to the hourly rate charged and minimum hour
requirements, with all other provisions of the Agreement remaining unchanged, except
conforming changes as set forth below.
NOW THEREFORE, in consideration of the mutual promises contained herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto agree to amend, and do amend, the Agreement as follows:
1. The first sentence of Article 1, Section A shall read as follows:
"The bus service contemplated under this Agreement shall be provided by the City for the
University for a term of four (4) years, beginning September 1, 2018 and ending August
31, 2022, at an hourly rate as set forth in this Agreement (the "Term")."
2. Article 2, Section G shall read as follows:
"The City shall not collect fares from the passengers of the bus service contemplated
under this Agreement, but shall charge the University for providing bus service on the
Campus as follows:
During the period from September 1, 2018, and August 31, 2020, the City will
provide an estimated thirty-six thousand four hundred and one and fifty-one hundredths
(36,401.51) hours of service annually at a base rate of fifty-five dollars ($55.00) per hour,
for a total of four million four thousand one hundred sixty-six dollars and ten cents
($4,004,166.10), with such hours being calculated based on the published 2018-19 school
calendar.
Second Amendment to Interlocal Transit System Management Agreement
City of Lubbock/Texas Tech University Page 1 of 5
During the period from September 1, 2020, and August 31, 2021, the City will
provide an estimated thirty-six thousand four hundred and one and fifty-one hundredths
(36,401.51) hours of service at a base rate of fifty-six dollars ($56.00) per hour, for a total
of two million thirty-eight thousand four hundred eighty-four dollars and fifty-six cents
($2,038,484.56), with such hours being calculated based on the published 2018-19 school
calendar.
During the period from September 1, 2021, and August 31, 2022, the City will
provide an estimated twenty-nine thousand four hundred nine and eighty-four
hundredths (29,409.84) hours of service at a base rate of sixty-one dollars ($61.00) per
hour, for a total of one million seven hundred ninety-four dollars and twenty-four cents
($1,794,000.24), with such hours being calculated based on the published 2021-22 school
calendar."
3. Article 2, Section H shall read as follows:
"The City shall not collect fares from the passengers of the bus service contemplated
under this Agreement, but shall charge the University for providing bus service off of the
Campus as follows:
During the period from September 1, 2018, and August 31, 2020, the City will
provide an estimated thirty-two thousand nine hundred and twenty-one and forty-nine
hundredths (32,921.49) hours of service annually at a base rate of fifty-five dollars
($55.00) per hour, for a total of three million six hundred twenty-one thousand three
hundred sixty-three dollars and ninety cents ($3,621,363.90), with such hours being
calculated based on the published 2018-19 school calendar.
During the period from September 1, 2020, and August 31, 2021, the City will
provide an estimated thirty-two thousand nine hundred and twenty-one and forty-nine
hundredths (32,921.49) hours of service at a base rate of fifty-six dollars ($56.00) per
hour, for a total of one million eight hundred forty-three thousand six hundred three
dollars and forty-four cents ($1,843,603.44), with such hours being calculated based on
the published 2018-19 school calendar.
During the period from September 1, 2021, and August 31, 2022, the City will
provide an estimated thirty-five thousand four hundred ninety-one and eighty
hundredths (35,491.80) hours of service at a base rate of sixty-one dollars ($61.00) per
hour, for a total of two million one hundred sixty-four thousand nine hundred ninety-nine
dollars and eighty cents ($2,164,999.80), with such hours being calculated based on the
published 2021-22 school calendar."
4. Article 2, Section I shall read as follows:
"The total estimated charges for the on Campus and off Campus bus service
contemplated under this Agreement for the Term, calculated by adding the total charges
in Sections G and H of this Article, and excluding any additional charges contemplated in
Second Amendment to Interlocal Transit System Management Agreement
City of Lubbock/Texas Tech University Page 2 of S
this Agreement for the Term, shall be fifteen million four hundred sixty-six thousand six
hundred eighteen dollars and four cents ($15,466,618.04)."
5. Article 2, Section L shall read as follows:
"The Parties acknowledge that for the period from September 1, 2018 to August 31, 2020
the discount base rate of fifty-five dollars ($55.00) shall apply only if the total annual
number of bus service hours under this Agreement for that same period is sixty-seven
thousand five hundred (67,500) hours of greater. In the event the total annual number
of bus service hours is less than sixty-seven thousand five hundred (67,500) hours, then
the standard base rate of fifty-six dollars and thirty-five cents ($56.35) shall be applied
retroactively from the start date of the Term for all bus services provided by the City from
September 1, 2018 to August 31, 2020.
The Parties acknowledge that for the period from September 1. 2020 to August 31, 2021
the discount base rate of fifty-six dollars ($56.00) shall apply only if the total annual
number of bus service hours under this Agreement for that same period is sixty-seven
thousand five hundred (67,500) hours of greater. In the event the total annual number
of bus service hours is less than sixty-seven thousand five hundred (67,500) hours, then
the standard base rate of fifty-seven dollars and thirty-five cents ($57.35) shall be applied
retroactively to September 1, 2020 for all bus services provided by the City until the
expiration of the Term.
The Parties acknowledge that for the period from September 1. 2021 to August 31, 2022
the discount base rate of sixty-one dollars ($61.00) shall apply only if the total annual
number of bus service hours under this Agreement for that same period is sixty-three
thousand (63,000) hours of greater. In the event the total annual number of bus service
hours is less than sixty-three thousand (63,000) hours, then the standard base rate of
sixty-two dollars and fifty-two cents ($62.52) shall be applied retroactively to September
1, 2021 for all bus services provided by the City until the expiration of the Term."
The Parties further agree that all other terms and conditions of the Agreement shall continue in
full force and effect for all purposes.
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Second Amendment to Interlocal Transit System Management Agreement
City of Lubbock/Texas Tech University Page 3 of 5
Exhibit A
Contract Actual Spend
2018-2019
On Campus
31,373.98 hours
$1,731,504.77
Off Campus
41,336.24 hours
$2,281,844.85
2019-2020
On Campus
21,083.22 hours
$1,177,040.15
Off Campus
27,483.33 hours
$1,534,350.10
2020-2021(thru June 2021)
On Campus
19,440.38 hours
$1,088,661
Off Campus
34,289.92 hours
$1,920,235.57
Second Amendment to Interlocal Transit System Management Agreement
City of Lubbock/Texas Tech University Page 4 of 5
CITY OF BBOCK
DANIEL M. POPE, MAYOR
ATTEST:
Rebe aGarza,CitySecr tart'
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Aih "tterwhite�,-T'Pffssist7a�nt City Attorney
University
(Printed Name)
APPROVED AS TO CONTENT:
Noel Sloan, Senior Vice President for
Administration and Finance,
Chief Financial Officer
APPROVED AS TO FORM:
(Printed Name)
Second Amendment to Interlocal Transit System Management Agreement
City of Lubbock/Texas Tech University Page 5 of 5