HomeMy WebLinkAboutResolution - 2011-R0261 - Amendment To Contract - Mcdonald Transit Associates Inc. - 06/09/2011Resolution No.2011-R0261
June 9,2011
Item No.5.19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock,an Amendment to that certain Transit
System Management Contract entered into on or about August 28. 2008. between the City
of Lubbock and McDonald Transit Associates.Inc.,and related documents.Said
Amendment 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 on June 9, 2011 .
stiti
TOM MARTIN,MAYOR
ATTEST:
Rebetca Garza, City Secretary
APPROVED AS TO CONTENT:
iyfc.&U,
Bill HoAverton.Community/Development
Citibus *y
APPROVED AS TO FORM:
/l^Pv
Chad Weaver,Assistant City Attorney
vw:ccdocs/RES.Amend Contract-McDonald Transit
Mav 18,2011
Resolution No.2011-R0261
AMENDMENT TO TRANSIT SYSTEM
MANAGEMENT CONTRACT BETWEEN
THE CITY OF LUBBOCK
AND MCDONALD TRANSIT ASSOCIATES,INC.
This Amendment (the "Amendment'")is entered into this 9th day of June,
2011,by and between the City of Lubbock,a Texas home rule municipal corporation
("City")and McDonald Transit Associates,Inc.("McDonald").
WHEREAS,on or about August 28,2008,City and McDonald entered into that
certain Transit System Management Contract (the "Original Agreement"),upon
conditions stated therein;
WHEREAS,City and McDonald desire to amend the Original Agreement to
clarify the legal relationship between the two parties in conformance with the RFP 08-
036-MA.
NOW,THEREFORE.City and McDonald hereby agree as follows:
1. That paragraph 1 of the Agreement be amended to read as follows:
"The City hereby engages McDonald to be its agent to manage the
operation of the public transit system in the City's service area,including
additions to and extensions thereof,(the "Transit System"),as provided
herein.McDonald agrees to provide management and advisory services
for the public transportation on the terms and conditions hereinafter set
forth."
2. That paragraph 2 of the Agreement be amended to read as follows:
"McDonald covenants and agrees to cause to be established,and to
maintain at its sole cost and expense,a Texas corporation named City
Transit Management Company,Inc.,d/b/a CITIBUS,hereinafter referred
to as "CTM",which shall employee all personnel necessary for the
operation of the transit system. City hereby designates CTM as its agent
to provide employee support services as set forth in this Agreement.
Any contractual obligations entered into or assumed by CTM and
approved by the City in connection with the operation of the transit system
shall be binding upon McDonald only for the term of this Agreement,as
same may be extended,and in the event this Agreement is terminated or
expires,the City shall thenceforth assume all future obligations under said
contracts either on behalf of itself or any successors to CTM."
Amendmentto Transit System Management Contract-McDonald TransitAssociates.Inc.Pg I
3. All terms and provisions of the Original Agreement shall remain in full
force and effect as originally written and are binding on the City and
McDonald,except as amended herein.
IN WITNESS WHEREOF,the parties have executed this instrument on the date
set forth above.
ATTEST:
Rebesca Garza,City Secretary
APPROVED AS 10 CONTENT:
c^f>mj,
MCDONALD TRANS
ASSOCIATES',r
BY:
TITLE:
President
CITY OF LUBBOCK
/*V7**'
Tom Martin,Mayor
Bill HoWerton,Director^Community Development
Citibus Liaison
APPROVED AS TO FORM:
Chad Weaver,Assistant City Attorney
v\v:Cit>'Att/Chad/Conlracts-Agrccmcnts/Amendniciit to Contract-McDonald Transit Assoc.
May 17.2011
Amendment to Transit System Management Contract-McDonald Transit Associates.Inc.
1**-'
Pg2