HomeMy WebLinkAboutResolution - 091478W - Grant Application - DOT - 09_14_1978KJ : yb G/ / /40 W
RESOLUTION
Resolution authorizing the filing of an application with the
Department of Transportation, United States of America, for a Grant to
assist in Financing Transit Capital Acquisitions under Section 3 of
the Urban Mass Transportation Act of 1964 as amended.
WHEREAS, the Secretary of Transportation is authorized to make
grants for mass transportation projects; and
i
Cl, '` WHEREAS, the contract for financial assistance will impose
certain obligations upon the applicant, including the provision by it
of the local share of the project costs; and
WHEREAS, it is required by the U.S. Department of Transportation
n accord with the provisions of Title VI of the Civil Rights Act of
964, that in connection with the filing of an application for assis=
ante under the Urban Mass Transportation Act of 1964, as amended, the
pplicant given an assurance that it will comply with Title VI of the
ivil Rights Act of 1964 and the U.S. Department of Transportation
equirements there under; and
WHEREAS, it is the goal of the Applicant that minority business
terprise be utilized to the fullest extent possible in connection
th this project, and that definitive procedures shall be established
d administered to ensure that minority businesses shall have the
ximum feasible opportunity to compete for contracts when procuring
nstruction contracts, supplies, equipment contract, or consultants
d other services; NOW THEREFORE
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the Mayor is authorized to execute and file an
application on behalf of the City of Lubbock with the
U.S. Department of Transportation, to aid in the
financing of the purchase, rennovation and equipping
of a facility to serve as a transit administrative/
operations/maintenance center; the development of a
downtown information and transfer center; the develop-
ment of a management information system; and the
purchase of two vans, four support vehicles, one
maintenance vehicle, seven fareboxes and related
equipment, and bus stop shelters, benches, and
signs.
2. That the Mayor is authorized to execute and file with
such application an assurance or any other document
requirements by the U.S. Department of Transportation
effectuating the purposes of Title VI of the Civil
Rights Act of 1964.
3. That the City Transit Coordinator is authorized to
furnish such additional information as the U.S.
Department of Transportation may require in connection
with the application or the project
4. That the Mayor is authorized to set forth and execute
affirmative minority business policies in connection with
the projects procurement needs.
5. That the Mayor of the City of Lubbock is authorized and
directed to execute all necessary contracts and documents
required by said grant upon its being approved and
awarded to the City of Lubbock under the Urban Mass
Transportation Act of 1964, as amended.
sed by the City Council this 14th day of September , 1978.
Dirk West, Mayor
TTEST:
IlEvelyn Gaffg , Ci e etary-Treasurer
APPROVED AS TO FORM:
s, Jr., City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. r- RickMnn. Business Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Lersa 1 Nntira — 556 wnrds (a 49(
Per word — $233.52 No. 749777 at Lubbock County, Texas and the attached print-
ed copy of the Notice is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates: August 27 and September 17. 1978
LUBBOCK'AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 18 t h day of S e a t emB e r , 19-78—
_M", nil ixeta
MARiLni rlLr,. c.
MY COMMISSION EXPIRES FEB, 1, 1980
Notary Public in and for Lubbock Countyp Texas
No Text
-- RESOLUTION
i -
Resolution authorizing the filin o an application with the
Department of Transportation, United St t.e of America, for a Grant to
assist in Financing Transit Capital Acqu tions under Section 3 of
the Urban Mass Transportation Act of 1964 as amended.
WHEREAS, the Secretary of Transportation is authorized to make
s for mass transportation projects; and
WHEREAS, the contract for financial assistance will impose
ertain obligations upon the applicant, including the provision by it
f the local share of the project costs; and
WHEREAS, it is required by the U.S. Department of Transportation
n accord with the provisions of Title VI of the Civil Rights Act of
964, that in connection with the filing of an application for assis-
ance under the Urban Mass Transportation Act of 1964, as amended, the
pplicant given an assurance that it will comply with Title VI of the
ivil Rights Act of 1964 and the U.S. Department of Transportation
equirements there under; and
WHEREAS, it is the goal of the Applicant that minority business
nterprise be utilized to the fullest extent possible in connection
ith this project, and that definitive procedures shall be established
nd administered to ensure that minority businesses shall have the
aximum feasible opportunity to compete for contracts when procuring
onstruction contracts, supplies, equipment contract, or consultants
nd other services; NOW THEREFORE
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the Mayor is authorized to execute and file an
application on behalf of the City of Lubbock with the
U.S. Department of Transportation, to aid in the
financing of the purchase, rennovation and equipping
of a facility to serve as a transit administrative/
operations/maintenance center; the development of a
downtown information and transfer center; the develop-
ment of a management information system; and the
purchase of two vans, four support vehicles, one
maintenance vehicle, sever fareboxes and related
equipment, and bus stop shelters, benches, and
signs.
2. That the Mayor is authorized to execute and file with
SlIeb Annlinatin"-n' ' -- '_" -4-1-- ----- ---'
o project.
with the application or t
4. That the Mayor is authorized to set forth and execute
affirmative minority business policies in connection with
} the projects procurement needs.
5. That the Mayor of the City of Lubbock is authorized and
directed -to execute-all-nc-cessary--contracts and -documents----
required by said grant upon its being approved and
awarded to the City of Lubbock under the Urban Mass
�! Transportation Act of 1964, as amended.
U
!Passed by the City Council this A�— day of , 1978.
i
i;
Dirk West, Mayor
TTEST:
yn GaTfga, City SebrdtWry-Treasurer
APPRnVF.D AS TO FORM:
:lb
RESOLUTION
ii E 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
rected to execute for and on behalf of the City of Lubbock a Lease Manage-
iment Agreement in favor of Lubbock Transit Division of American Transit
Corporation, 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
part of this Resolution as if fully copied herein in detail.
}Passed by the City Council this 18th day of November 1976.
J
ROY BASS, MAYOR
�IATTSCST:
Treva Phillips, Ci ecretary•-Treasurer
PROVED AS TO FORM:
"red O. Benter, Jr., 'Attorney
.J
LEASE MANAGEMENT AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS AGREEMENT entered into between the CITY OF LUBBOCK, a Home
Rule Municipal Corporation, hereinafter called "CITY" and LUBBOCK TRANSIT
DIVISION, American Transit Corp., hereinafter called "COMPANY".
WITNESSETH:
WHEREAS, City has acquired or is in the process of acquiring motor coaches,
' service vehicles, service and maintenance and office equipment, and spare equip-
ment, and certain other supporting assets more particularly described in Exhibit
''. A attached hereto and made a part hereof and Company has the office and garage
facilities, motor coaches, parts, garage and office equipment, more particularly
described in Exhibit B attached hereto and made a part hereof; and
WHEREAS, the assets contained in both Exhibit A and Exhibit B are necessary
and appropriate for the Transit System to be operated in the City of Lubbock; and
WHEREAS, ' City is desirous of utilizing the assets of Company in the said
Transit System and of obtaining the transit management services of Company
appropriate to the conduct and operation of said Transit System; and
WHEREAS, Company is willing to LEASE said assets included in Exhibit B
and is desirous of providing such management services.
T•, NOW THEREFORE, in consideration of the foregoing recitals and covenants of
each of the parties herein set forth the parties hereto do agree as follows:
1. City hereby employs Company to furnish the managerial services herein-
after described appropriate for the operation and maintenance of the Transit
System conducted in and about the City of Lubbock, Texas, including Texas Tech
University, (herein called the "Transit System") all for the account and on behalf
of the City upon the terms and conditions hereinafter set forth.
2. For the operation of the Transit System, the City will provide and furnish
the assets described in Exhibit A and Company will provide and furnish the assets
described in Exhibit B, and acreby leases the same to the City.
3. Company will provide and furnish the inventory of parts and supplies
necessary to maintain the motor coaches described in Exhibits A and B with
such parts and supplies becoming a gross operating expense as hereinafter de,
cribed as such parts are used in the Transit System. In the event vehicles fur
nished by the City described in Exhibit A are withdrawn from service during
the period covered by this contract, the City shall have the following options
concerning the inventory of parts maintained at reasonable levels by the Compz
for inaintenance of said buses:
A. Purchase the parts inventory at cost.
B. Approve disposition of the inventory by methods recommended by th
Company and reinburse the Company for any loss sustained *by such disposition.
4. City may replace the assets of Company contained in Exhibit B upon givin
of ninety (90) days advance written notice.
5. Company shall in addition provide the management and supervisory servic
necessary for the operation of the Transit System. Such management and super
visory services shall inblude, but shall not be limited to, the following: Executi
and administrative management of the Transit System; supervision and employ-
ment of all personnel, operation of a driver safety program; supervision over th
maintenance and replacement of equipment used in the Transit System; manage-
ment of selection of replacement parts, fuel and all other supplies required by
the Transit System, including the negotiation of fuel supply, tire rental or purch
agreements; overall planning, governing the scheduling and routing of the bus
lines of the Transit System, as well as supervision of the rate and fare structure
of the Transit System and recommendations to City in regard thereto; planning o
the shop and garage layout; public relations and sales promotion and assistance
i.
i
in the preparation of budgets to meet the City's schedule requirements.
6. During the term of this contract, the Company shall provide sufficient
executive and administrative personnel as shall be necessary and required to
perform its duties and obligations under the terins hereof, including a Resident
Manager who shall be responsible for the day-to-day operations of the Transit
System, and who shall be selected, supervised and directed by the Company. T
Company shall employ during the terra of the contract sufficient operating perso
nel, inelucliuh, but not limited to, dr•ivors, mechanics, supervisors, maintena
and other shop personnel, office and administrative personnel, as required frorr
time to time. The personnel shall be employees of the Company. The cost of
and compensation payable to all personnel employed shall be subject to the ap-
proval of the City Manager.
7. City shall pay to Company as compensation for its management services
a monthly fee of ONE THOUSAND SEVEN HUNDRED FIFTY ($1, 750.00) DOLLAR
for the first year and increasing six (6°io) percent each year thereafter for the
initial three (3) year period with any increases thereafter to be re -negotiated.
In addition, the City shall pay to Company as a. separate item, THREE HUNDRED
FIFTY AND NO/ 100 ($350. 00) DOLLARS per month to compensate the Company
for providing working capital, including inventories, neces.4ary to operate and
maintain the transit system.
,- 8. Company will receive all revenues and make disbursements.for all opera-
, ,
ting expenditures and Company shall properly account for all said revenues and
expenditures. It shall be the obligation of Company to collect all bus fare revenues
advertising or other revenues and to deposit said funds at regular intervals at a
bank approved by the City.
9. (a) As used herein the term "gross operating revenues" shall mean and
include all revenues derived from the operation of the Transit System, including
but not limited to, all passenger fares, transportation contracts, local charter
payments, advertising fees, and proceeds from outside sales and maintenance,
but excluding the sale of assets furnished by Company in Exhibit B and revenue
received from the City.
(b) As used herein the term "gross operating expenses" of the Transit
System shall mean and include (without limitation) all wages and compensation of
all personnel including the Resident Manager of the Transit System, all payroll,
social security and other taxes pertaining to the operation of the Transit System,
all rentals, fees, association dues, expenses, insurance and bond costs, depre-
ciation and/or rental on all equipment and facilities furnished by Company, taxes
other than income taxes, the cost of all fuel, other supplies and parts. and all
other clrirgt costs and expenses incident to the operation of the. Transit System.
Gross operating expenses shall also include accounting and administrative
expense of. Company's home office, at the rate of three (30/6) percent of the gross
operating revenues of the Transit System, excluding income from the lease of
equipment and facilities and revenue received from the City.
(c) If the gross operating revenues are less than the gross operating .
expenses City will pay to Company an amount equal to such deficiency. If the
gross operating revenues exceed the gross operating expenses Company will pay
to City an amount equal to such excess. The payment of the fees as provided in
. Paragraph 7 shall be in addition to any payments necessary under the provision,
provided, however, that the total consideration to be paid by the City to the
Company in any Fiscal Year shall not exceed the amount budgeted by the City for
this purpose; in such event, the Company's obligation for operation of said system
under. this agreement shall cease, subject to the notice required in Paragraph 19.
10. All payments pursuant to Paragraphs 7 and 9 shall be made monthly and
within twenty (20) days after receipt of invoices from Company certifying revenues
and expenses from the transit operation. In no event shall Company be obligated
4+ t
to lend funds or advance funds to the City to meet its obligations under this agree-
ment.
11. City or its designated accountant or auditor shall have the right of access
to and the inspection of all books and records of Company at any and all reasonable
in order to verify and ascertain gross operating revenues and expenses
in the operation and maintenance of said Transit System. Following the
ctompletion of each and every calendar month operation the Company shall submit
i'to the designated official of City a statement of gross receipts received and all
expenses resulting from all operations. The Company shall establish and main-
I.Jain such accounting procedures as are customarily maintained by the transit
industry as they now exist.
12. The City of Lubbock shall obtain appropriate forms of insurance cover-
age to be in effect during the term of this contract and any extension thereof cus-
`:tomarily maintained by the transit industry with respect to similar transit opera-
e.
tions, including; but not limited to, personal injury and property damage insurance,
providing single limit coverage in an amount as shown on the attached Certificate
of Insurance (Exhibit C) and in no event less than requirements under the applical
Texas law. Such policies shall be obtained by the City in'the name of the City of
.e'
Lubbock with Lubbock Transit, American Transit Corp., Chromalloy American
�.i.
Corporation, and the Board of Regents of Texas Tech University named as addi-
tional insured.
13. The City shall also throughout the term of this contract procure and main-
tain with an insurance company workmen's compensation insurance covering the
Transit System's employees in an amount as shown on the attached Certificate of
Insurance (Exhibit C) and in no event less than the requirements under the appli-
cable Texas law. Such policies shall be obtained by the City in the name of the
City of Lubbock with Lubbock Transit, American Transit Corp., Chromalloy
American Corporation and the Board of Regents of Texas Tech University named
as additional insured.
14. Company shall procure and maintain other forms of insurance coverage
mutually agreeable by the parties hereto as being necessary and appropriate for
the operation of the Transit System. The premiums applicable to Paragraph 12
and 13 shall be paid by the City and premiums for additional insurance, as pro-
vided in this paragraph, shall be paid by Company as a gross operating expense.
Company shall not be required to obtain collision or comprehensive insurance
coverage for losses of and damage to motor coaches used in the Transit System.
City at its discretion may obtain such coverage. The cost of repairing damage
to or the total loss of vehicles not to exceed net book value which is not reim-
burseable by insurance shall be charged as gross operating expense,
15. During the period that this contract shall be in effect the Company shall
cause its Resident Manager and any other appropriate personnel to be covered
under an appropriate bond covering employee dishonesty and protecting the City
from theft and other similar losses up to the amount of TWENTY THOUSAND
($20, 000. 00) DOLLARS with respect to any one occurrence, the cost of same to
be charged as a gross operating expense.
-5-
16. Employees of American Transit Corp., the parent Company of Lubbock
Transit Division shall not receive salaries from the Transit System, however,
such employees shall be entitled to reimbursement for all reasonable travel,
lodging, meals and other expenses incurred by them and attributable to services
performed for the Transit System.
17. Company shall not be liable for any failure, delay or interruption of ser-
vice of for failure or delay in the performances thereof by any contingency beyoni
its control, including, without limitation, strikes, walkouts, acts of God, enemy
action, civil commotion, governmental action, unavoidable casualty, short or re-
duced supply of fuel.
18. This agreement shall be in effect for a period of three (3) years commenci
November 1, 1976 and ending October 31, 1979. This agreement shall be automat
cally renewable from year to year thereafter unless or until either party shall give
the other party ninety (90) days written notice of its intent to terminate this agree-
ment prior to the end of the original three year period or ninety (90) days written
notice prior to the end of any extended year, provided, however, management cost
increases, as set forth in Paragraph 7, shall be re -negotiated each extended year.
.'i 19. All notices hereunder and communications with respect to this contract
shall be effective upon the mailing thereof by registered or certified mail, return
receipt requested, postage prepaid and addressed as follows:
If to Company:
Lubbock Transit Division
1809 Avenue C
Lubbock, Texas 79401
with copy to:
American Transit Corp.
120 South Central Avenue
St. Louis, Missouri 63105
If to City:
City of Lubbock
City Hall
P.O. Box 2000
Lubbock, Texas 79401
Attention: Transit Coordinator
or to such other addresses as either party shall designate by written notice.
F
20. This contract shall super ede and cancel any prior agreement heretofore
existing between the parties.
EXECUTED this 18t-h day of Nnyember 1976.
CITY OF LWBOCK
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BY
ATTEST:
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(EAL)
APPROVED AS TO FORM:
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LUBBOCK TRANSIT DIVISION \
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American Transit Corp.
BY
D. A. Richter, President
-VATTEST:
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� 'Hugh.C) As
(SEAL)
, Secretary