HomeMy WebLinkAboutResolution - 2004-R0370 - Contract For Campus Bus Service - Texas Tech University - 07_21_2004Resolution No. 2004-RO370
July 21, 2004
Item No. 17
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 campus bus
service, by and between the City of Lubbock and Texas Tech University, 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 21st day of July �2004.
MAYOR
ATTEST:
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Rebecca Garza, City Secretary
APPROV AS TO ONTENT:
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Craig
Managing Director of Planning & Transportation
APPROVED AS TO FORM:
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City Attorney
gs/ccdocs/res-Contract-Texas Tech University -campus bus sery
June 13, 2004
Resolution No. 2004—RO370
July 21, 2004
AGREEMENT Item No. 17
This Agreement, effective as of September 1, 2004, (the "Effective Date"), is 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").
WITNESSETH:
WHEREAS, the parties hereto are aware of the traffic and parking challenges on the campus of the University
as it relates to the expanding campus, enrollment growth, 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 September
4, 2003, 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 Transit Associates, Inc. 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 up to
thirty-six (36) buses will be provided by the Company during the period beginning September 1, 2004, and
terminating on August 31, 2005, 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 (manufacturer's rating) of not less than 33 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, 2004, 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 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,
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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. The Company will provide
acceptable markers.
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 a representative chosen by the City
Manager of the City. Company shall not collect fares from its passengers, but shall charge University for
providing said on -campus bus service as follows:
During the period from September 1, 2004, and August 31, 2005:
A minimum for 30,179 hours of service at a base rate of $39.22 per hour, for a total
for $1,183,620. Hours are calculated based on the published 2004-05 school
calendar.
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 $1.30 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 $1.30 per Gallon)
mo
Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost Below $1.30 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 a representative chosen by the City
Manager of the City shall be as directed by the Assistant City Manager of Development Services of the
City. Company shall not collect fares from its passengers, but shall charge University for providing said
off -campus bus service as follows:
During the period from September 1, 2004, and August 31, 2005:
A minimum for 17,036 hours of service at a base rate of $39.22 per hour, for a total
for $668,152. Hours are calculated based on the published 2004-05 school calendar.
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 $1.30 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:
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Adjusted Hourly Rate per Vehicle = Base Rate + (2.5 x Fuel Cost Above $1.30 per Gallon)
M
Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost Below $1.30 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 is to be paid as promptly as possible in usual course of University
business and in accordance with State law. The Company will provide an income and expense statement
at the end of the contract period.
$1,851,772 + $8,500 = $1,860,272
Service Cost Estimated Estimated
Fuel Cost Total Cost
Adjustment
G. Company shall allow Texas Tech University students to ride any fixed route at no charge when they show
a current Texas Tech Student Identification Card.
III.
Service Orders
Company shall furnish service orders, 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. Company will charge University for
providing said service orders the sum of $65.00 per hour for the first three hours of service for each bus used
in said service. Any service orders exceeding three hours will be billed $39.00 per hour after the first three
hours. This is in accordance with Federal Regulation 49 CFR Part 604 that states transit agencies must recover
the fully allocated costs of the service provided. The above mentioned rates are the same rates that are charged
to the general public. There will be no minimum hours of service required on service orders. Billing periods
and reports of operation shall be submitted in accordance with the provisions of Subparagraph F of Paragraph
II hereinabove.
Upon thirty (30) day, prior written notice by the University, the Company will furnish a minimum of 24 and a
maximum of 36 buses for each football game for the 2004 — 2005 academic year. The number of vehicles will
be based on ticket sales for each individual game. University agrees to pay $6,250 per game for this service.
The University may choose to collect a fare from passengers riding the buses during each of these events
Upon thirty (30) day, prior written notice by the University, the Company will furnish a minimum of 10 and a
maximum of 18 buses for each Men's basketball game for the 2004 — 2005 academic year. The number of
vehicles will be based on ticket sales for each individual game. University agrees to pay $2,750 per game for
this service. The University may choose to collect a fare from passengers riding the buses during each of these
events.
Upon thirty (30) day, prior written notice by the University, the Company will furnish a minimum of 10 and a
maximum of 18 buses for each Women's basketball game for the 2004 — 2005 academic year. The number of
vehicles will be based on ticket sales for each individual game. University agrees to pay $2,750 per game for
this service. The University may choose to collect a fare from passengers riding the buses during each of these
events
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IV.
Publicity
The 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 Student Government Association's approval of any advertisements before placing them in the buses used
on campus.
The Company will provide lease space for two vinyl wrap bus advertisements to the University at no charge.
The University will be responsible for the production cost of the vinyl. The vinyl wraps will be designed by
the University with final approval by the Company.
Citibus will donate $10,000 to the University to be used for scholarships. Citibus will make quarterly
payments to the University for the purpose of scholarships.
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 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 $300,000 for personal injury to any one person, $500,000 for each occurrence, and $300,000 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
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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.
IX.
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.
X.
Dispute Resolution
A. The dispute resolution process provided for in the Texas Government Code, Chapter 2260 shall be used by
the University and the Company in an attempt to resolve any unresolved claim for breach of contract
arising under this Agreement and made by the Company.
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EXECUTED, as of the Effective Date hereof.
TEXAS TECH UNIVERSITY
L w
Dr. Jon itmore, President(
Date: S� 2 `f
Dr. Mic ael Shonrock, Vice President for
Student Affairsy `!
Date: 94
jl��'
Chief F' cal Aticer
Da : �$
REVIEWED FOR FORM
TEXAS TECH UNIVERSITY
Gener I ounsel
Date:
CITY TRANSIT MANAGEMENT CO., INC.
John L. Wilson, Vice President
ATTEST:
Rebecca Garza, City Secretary
APPROVE S TO ONTENT:
Cr 1g F e , Managing Director of Planning
APPROVED AS TO FORM:
A�riy iIns ssi ant CityXttomey
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