HomeMy WebLinkAboutResolution - 5469 - Contract - CTMC Inc, TTU & TTUHSC - Campus Bus Service - 04_24_1997RESOLUTION NO.5469
Item #25
April 24, 1997
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 a Contract and all related documents by and
between the City Transit Management Company, Inc., Texas Tech University and Texas Tech
University Health Sciences Center, and the City of Lubbock, Texas, for campus bus service,
attached hereto, and 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 24th day of April , 1997.
WINDY SITIbN, MAYOR
ATTEST:
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Ka Darnell, City Secretary
APPROVED AS TO CONTENT
Mildred Cox, Managing Director of
Transportation
APPROVED AS TO FORM:
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Harold Willard, Assistant City Attorney
HW:gs/d# 1r1'ransMa.res
April 15, 1997
RESOLUTION NO. 5469
Item #25
April 25, 1997
MU3413
AGREEMENT
The Agreement, made and entered into this 24th day of Apri 1 , 1997, by and between CITY
TRANSIT MANAGEMENT COMPANY, INC. (hereinafter referred to as the "Company"), TEXAS TECH
UNIVERSITY AND TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER 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").
WITNESSETH:
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 commuting 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, City executed a management contract with McDonald Transit Associates, Inc., dated June 10,
1993, in which the City became obligated to provide capital assets reasonably required for the operation of the
public transportation system of the City, and McDonald agreed to provide management and advisory services
for the system and to maintain the Company to employ the individuals necessary to operate the system; and
WHEREAS, the 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 seventeen (17) buses will be provided by the Company during the period beginning September
1, 1997, and terminating on August 31, 1998, provided, however, that either the Company or the University
may terminate said bus service upon thirty (30) days' written notice delivered to the other party by registered
mail.
H.
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 35 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 will be institutedby
Company within five (5) days after receipt of written notice from University. Initial service, commencing
on September 1, 1997, 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 changes 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 periods, 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. All revenues received by the Company pursuant to the Agreement shall be and remain from the time of the
Company's receipt thereof the property of the City, and the treatment of such revenues, including the
banking thereof, and the accounting therefore, shall be as directed by the Director of Transportation of the
City. Company shall not collect fares from its passengers, but shall charge University for providing said
bus service the sum of Thirty-two and 58/100 dollars ($32.58) per hour base rate for the academic year
(1991-1998) for each bus in said service, and Company shall endeavor to provide a minimum of 18,700
hours of transportation service to the University each academic year. Such charges 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 on a base figure of $1.05 per gallon. The adjustments shall be based on fuel
consumption of 2.5 gallons per hour of operations 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 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 is usual course of University business.
The Company will provide an income and expense statement at the end of the contract period.
Supplement 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 within
fifty (50) miles of the City limits 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 the 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 operation shall be submitted in accordance with
the provisions 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. The Company will also provide students with pocket -sized campus maps and
place an advertisement in the University Daily at the beginning of the Fall Semester. The Company will obtain
the University's approval of any advertisements before placing them in the buses used on campus.
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 - edition of said buses and
the qualifications and competence of its 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 the 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 whatsoever over the drivers of the buses used in
said service who shall be employed by Company. Said drivers 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, Texas, including 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 operation 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" and "Texas Tech University" as named insured. Said policy or policies shall, upon request, be
subject to the examination and approval of the University.
B. Company, as named insured, assumes, to the extent of the insurance coverage maintained, the risk of
service operation 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.
►®
Miscellaneous
A. It is further agreed that this Agreement is made solely for the benefit of the University, the Company, and
the City, and no one else, 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 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 services. 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 24th day of April , 1997.
TEXAS TECH UNIVERSITY
Dr. Do d R. Haragan, President
Date:
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Chief Fis Offic r Q
Date: 6
REVIEWED FOR FORM
TEXAS TECH UNIVERSITY
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Date: & -A& —0 1
CITY TRANSIT MANAGEMENT CO., INC.
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John L. Wilson, Vice President
ACKNOWLEDGED AND AGREED TO
CITY OF LUBBOCK
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M=IAm
ATTEST:
/ w I - i z4al-I& --
Kaythi larnell, City Secretary
APPROVED AS TO CONTENT:
L�
Mildred Cox, Director of Transportation
APPROVED AS TO FORM:
arold Willard, Assistant City Attorney
RESOLUTION NO.5469
Item #25
April 24, 1997
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 a Contract and all related documents by and
between the City Transit Management Company, Inc., Texas Tech University and Texas Tech
University Health Sciences Center, and the City of Lubbock, Texas, for campus bus service,
attached hereto, and 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 24th day of April , 1997.
qk" 4 -.z
WINDY SI N, YOR
ATTEST:
AL & HAA
Ka Darnell, City Secretary
APPROVED AS TO CONTENT
--�Wgt�-r .
Mildred Cox, Managing Director of
Transportation
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
HW:gs/d# 1frransMares
April 15, 1997