Loading...
HomeMy WebLinkAboutResolution - 5862 - Contract - City Transit Management Company Inc - TTU & TTUHSC Bus Service - 05_28_1998Resolution No. 5862 Item No. 13 May 28, 1998 RESOLUTION 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 for Texas Tech University student bus service, by and between the City of Lubbock, City Transit Management Company, Inc., Texas Tech University and Texas Tech University Health Sciences Center, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28thday of May 1998. ATTEST: Ka Darnell City cretary APPROVED AS TO CONTENT: Mildred Cox Director of Transportation Services APPROVED AS TO FORM: William de Haas Municipal Contracts Attorney Ccdocs/rexas Tech University Student Bus Services Contract.Res May 28, 1998date Resolution No. 5862 Item no. 13 May 28, 1998 AGREEMENT The Agreement, made and entered into this day of , 1998, 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 March 26, 1998, in which the City is 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: L Term It is agreed and understood by and between the parties hereto that a University bus service utilizing approximately eighteen (18) buses will be provided by the Company during the period beginning September 1, 1998, and terminating on August 31, 1999, 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. 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 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 instituted by Company within five (5) days after receipt of written notice from University. Initial service, commencing on September 1, 1998, 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 on -campus bus service the sum of Thirty-three dollars ($33.00) per hour base rate for the academic year (1998-1999) for each bus in said service, and Company shall endeavor to provide a minimum of 18,400 hours of transportation service during the University 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) m Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost Below $1.05 per Gallon) F. 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 charge the University for providing off -campus bus service the sum of One hundred forty eight thousand fifteen dollars ($148,015) for the academic year (1998-1999), and company shall endeavor to provide a minimum of 4,485 hours of transportation service during the University academic year. Company may charge directly to passengers a maximum of Ten dollars ($10.00) per student, per semester for access to the off -campus service. G. 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 will allow University students presenting official University student identification cards to board, without charge, the regular city fixed route bus service in consideration for the sum of Ten thousand dollars ($10,000) for said service during the University academic year. 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. 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 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 11 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 It 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. LM 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 its drivers at all times, and University assumes no obligations whatsoever for either of the same. VL 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. I4N 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 day of , 1998. TEXAS TECH UNIVERSITY Dr. Donald R. Haragan, President Date: REVIEWED FOR FISCAL IMPLICATIONS Chief Fiscal Officer Date: REVIEWED FOR FORM TEXAS TECH UNIVERSITY General Counsel Date: CITY TRANSIT MANAGEMENT CO., INC. John L. Wilson, Vice President ACKNOWLEDGED AND AGREED TO CITY OF LUBBOCK f1 Gt—. MAX INCE, MAYOR PRO TEM ATTEST: Kaythie garnell, City Secretary APPROVED AS TO CONTENT: Mildred Cox, Director of Transportation APPROVED AS TO FORM: William de Haas, Assistant City Attorney