HomeMy WebLinkAboutResolution - 2053 - Agreement - City Transit Management Inc, & TTU - Campus Bus Service - 06/14/1985Resolution #2053
Agenda Item #34
BE 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 City Transit Management Company, Inc., 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 14th day of June
1985.
Ranet`te.Boyd, City Secretary
APPROVED AS,.'TO':"CONTENT:
Larry Hoff n, Director T
APPROVED AS TO FORM:
ransportat-ion
t
qC V ��K& I Itk&. .
or h Fullingim, Assistant City
ttorney
Resolution #2053
Agenda Item #34
AGREEMENT
The Agreement, made and entered into this 14th day of June , 1985, by
and between CITY TRANSIT MANAGEMENT COMPANY, INC. (hereinafter referred to as the
"Company"), 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 the "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 iumediately adjacent to
said University campus; and -
WHEREAS, Company and City have entered into a management agreement dated September
8, 1983, in which City is obligated to provide all capital assets for the
operation of the public transportation services in and around the City of Lubbock,
including the services provided under the 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 nine (9) buses will be provided by Company
during the period beginning with September 1, 1985, and terminating on August 31,
1986, 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 @hall apply:
A. Company will furnish buses having a seating capacity (Manufacture
rated) of not less than 37 with driver -operated front and side doors.
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 September 3,
1985, 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 Twenty -Five and
No/100 Dollars ($25.00) per hour based rate for each bus used in said
service, which charge shall be adjusted each month to reflect any
change above or below 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 adjustments shall be based on fuel consumption 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)
OR
Adjusted Hourly Rate per Vehicle - Base Rate - (2.5 x Fuel Cost
Below $1.05 per Callon)
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 usual course of University business. The
Company will provide income and expense statement at the end of
contract period.
• Supplement Buu 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 hereinabove, 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
timetables for the 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 condition, 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.
. f.
e
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'e operations in connection with providing said service except as
herinabove 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 Unviersity, 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
Company 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 Company'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 Company'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 University" as names
insured. Said policy or policies shall, upon request, be subject to
the examination and approval of University.
B. Company, as named insured, assumes. to the extent of the insurance
coverage maintained, 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 act* or
omissions over which Company, its employees, or agents had not
control.
Viii.
Maintenance
Company agrees to maintain and operate said bus service and the
providing the same in a safe, efficient and lawful manner and,
comply with all applicable statutes, municipal ordinances, and
regulations promulgated by the University.
IX.
Miscellaneous
buses used in
In so doing, shall
traffic rules and
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 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 executed 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 14th day of
of June , 1985.
TEXAS TECH UNIVERSITY
CITY TRANSIT MANAGEMENT COMPANY, INC.
Dr. Lauro F. Cavazos, President John L. Wilson, Vice -President
ATTEST:
Mane a Boyd,
City Secretary.
ACKNOWLEDGED AND AGREED TO
Only in as far as set out
in Section VII A and B:
CITY OF LUBBOCK
Alan 'Henry,
APPROVED AS TO
_4eu,41'
Larry Hoff ,
Director o Transportati
APPROVED AS TO FORM:
orth Fullingim
s stant City Attorney