HomeMy WebLinkAboutResolution - 2007-R0371 - Agreement - TNM&O - Charter Services As Needed - 08/09/2007Resolution No. 2007-RO371
August 9, 2007
Item No. 6.4
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock or his designee BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock and Citibus
an Agreement for the provision by Citibus of certain charter services on an incidental and
as -needed basis, by and between the City of Lubbock and the Texas, New Mexico, and
Oklahoma Tours, Inc., ("TNM&O") and all related documents. Said Agreement is
attached hereto and incorporated into this Resolution as if fully set forth herein and shall
be included in the minutes of the Council.
Passed by the City Council this 9th day of August _'2007,
ATTEST:
City Secretary
DAVID A. MILLER, MAYOR
APPRVED AS TO CONTENT:
J Lf G2
fameVLoonfis, Assistant City Manager,
ra portation and Public Works
I APPROVED AS TO FORM:
City Attorney
gs Jccdocs/Citbus-res.Agrmnt-TNM&O
7113107
Resolution No. 2007-RO371
Service Agreement
This agreement (the "Agreement"), effective as of July 26, 2007, is by and between City
Transit Management Company, Inc., d.b.a. Citibus, (hereinafter "Citibus") 801 Texas Avenue,
Lubbock, Texas, 79401, and Texas, New Mexico, and Oklahoma Tours, Inc. (hereinafter
"TNM&O"), 1313 13th Street, Lubbock, Texas, (collectively referred to herein as the
"Parties").
Purpose
Whereas the Parties desire to cooperate in an effort to make certain charter service available
in the Lubbock area; and
Whereas the Parties seek to assure the maximum availability of equipment, including
accessible buses and vans, for said charter services; and
Whereas Citibus has accessible buses and vans that may be available on an incidental basis
to assist TNM&O in meeting public demand for private charter service; and
Whereas Citibus is a federally funded public transit operator regulated by the Federal Transit
Administration and must comply with Charter Service regulations as stated in 49 CFR Part
604:
Now, therefore the Parties agree to the following:
Term
It is agreed and understood by the Parties hereto that Citibus shall provide available private
services as provided herein to TNM&O upon request and with advance notice during Citibus'
non -peak operating hours within a 50 -mile radius of the Lubbock Urbanized Area. The term of
this contract commences on the effective date and continues without interruption until July
31, 2008.
Scope of Service
a. Booking:
Citibus will not accept requests for charter service directly from the general public or
other entities.
TNM&O will be solely responsible for any and all contact with charter customers
regarding booking services, making changes to service requests, billing customers for
services provided, and collecting payment from customers for services performed.
TNM&O will contact Citibus directly to book any services which TNM&O wishes Citibus
to provide, and for which Citibus has available resources to provide, and will book
services with Citibus at least one (1) day prior to the day services are to be provided.
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TNM&O will be responsible for gathering and providing to Citibus all information that is
necessary for Citibus to provide the service requested by the customer including but
not limited to: time and date of service, pick-up and drop-off locations, number of
buses needed, party in charge, service delivery instructions for operator, and duration
of movement.
For services which TNM&O elects to subcontract to Citibus pursuant to this
Agreement, TNM&O will be responsible for notifying the customer in advance that said
service will be provided by Citibus utilizing public transit vehicles rather than over -the -
road coaches.
b. Equipment and Personnel:
Citibus will provide the equipment, vehicles (buses or vans), and personnel required to
operate any service requested by TNM&O.
Citibus reserves the exclusive right to assign all equipment and personnel to be
utilized for the provision of any service requested from Citibus by TNM&O. However,
Citibus will accommodate requests for specific vehicles or vehicle types based on
availability at the time services are requested.
All equipment assigned by Citibus will be fully accessible to those with disabilities.
c. Service Rates & Billing:
TNM&O will be responsible for determining the rates that TNM&O will charge to
customers for any services TNM&O requests Citibus to provide. Citibus will not quote
service rates to TNM&O customers.
Citibus will charge to TNM&O a rate for charter services that will recover the fully
allocated costs associated with the provision of service. Rates for service will be as
follows:
A three (3) hour minimum is required for all services rendered pursuant to this
Agreement.
Trolley $275 (for first 3 hours) $50.00 per hour thereafter (prorated)
Bus $250 (for first 3 hours) $50.00 per hour thereafter (prorated)
Van $175 (for first 3 hours) $50.00 per hour thereafter (prorated)
Service rates will be subject to change with 30 days written notice to TNM&O.
Citibus will bill TNM&O on a monthly basis. Each billing will include a statement
detailing the service provided during the previous calendar month. TNM&O shall pay
Citibus in full all amounts billed to TNM&O, without regard to whether TNM&O has
received payment from TNM&O customers utilizing the services provided by Citibus
under this Agreement. Citibus shall not be responsible for collecting on delinquent
accounts of TNM&O customers, nor shall TNM&O have right of charge-off against
Citibus for said delinquent accounts.
it
d. Cancellation:
TNM&O will notify Citibus promptly for any services that have been booked and
subsequently cancelled in order to avoid service charges.
Citibus will not charge TNM&O for any services that are cancelled at least 24 hours
before the time the service is to be provided. If less than 24 hours notice of
cancellation is provided, Citibus will charge TNM&O as follows:
Same day cancellation with more than 2 hours remaining before service -'/2 of
three hour minimum rate
Within 2 hours of service — full three hour minimum rate
e. Service Policies:
Citibus will not allow alcohol onboard Citibus vehicles and, except as provided herein,
Citibus will not transport passengers to locations at which retail alcohol sales are
made. Citibus will, however, permit charter service to local wineries for the purpose of
a facility tour at which time passengers may be allowed to bring unopened containers
onboard the vehicle.
Citibus reserves the right to terminate a service order at any time that, in Citibus' sole
discretion, conditions exist which pose a risk to any person or property. Such
conditions may include inappropriate, offensive, or dangerous behavior of passengers
onboard Citibus vehicles.
All proposed pick-up locations, drop-off locations, and charter route(s) are subject to
Citibus review and approval prior to the date of service. Citibus vehicles will not travel
on dirt, gravel, or deteriorated roads, or in locations that make bus access difficult or
unsafe without prior approval by a Citibus supervisor.
Amendment and Termination
TNM&O is under no obligation to book any charter services with Citibus, and Citibus is
under no obligation to continue to provide services to TNM&O. However, each party
understands and agrees that the terms and conditions of this Agreement may be
modified by Citibus with 30 days advance written notice to TNM&O. This Agreement
may be terminated by either party for any reason upon 30 days written notice to the
other party.
Timely Payment
Citibus reserves the right to discontinue service immediately and without notice under
this Agreement in the event that Citibus does not receive timely payment for services
rendered. Payment is due to Citibus within 30 days of the date of billing Services may
become subject to discontinuation due to non-payment after 60 days. Additionally,
Citibus reserves the right to include pre- and post -judgment interest, attorney fees, or
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other reasonable charges associated with collection of past due debts in the event that
payment is not timely received.
No Limitation on Right to Contract
Both parties understand that this Agreement is in no way intended to limit or impair the
ability or right of either party to enter into other agreements with other parties.
Force Majeure
Citibus will not be responsible for failure to perform any service under this Agreement
if Citibus has made a good faith attempt to provide the requested service according to
the instructions provided by TNM&O. Nor will Citibus be responsible for failure to
perform where such failure is the result of acts of God or for any other cause or causes
beyond the control of Citibus.
Indemnity
THE PARTIES AGREE THAT TNM&O SHALL PROTECT, DEFEND, INDEMNIFY,
AND HOLD HARMLESS CITIBUS, ITS EMPLOYEES, AGENTS,
REPRESENTATIVES, THE CITY OF LUBBOCK, ITS EMPLOYEES, AGENTS,
REPRESENTATIVES, OR ELECTED OFFICIALS FROM AND AGAINST ANY AND
ALL CLAIMS, CAUSES OF ACTION, LAWSUITS, OR DAMAGES, ARISING FROM
OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED
TO ANY NEGLIGENT ACTS OR OMISSIONS OF TNM&O, ITS EMPLOYEES,
AGENTS, REPRESENTATIVES, INVITEES, OR LICENSEES. THIS PROVISION
SHALL SURVIVE THE EXPIRATION OF THE AGREEMENT.
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT CITIBUS
WILL HOLD HARMLESS TNM&O TOURS, ITS EMPLOYEES, AGENTS,
REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OR
ACTION, LAWSUITS OR DAMAGES, ARISING FROM OR IN CONNECTION WITH
THE ACT OF TRANSPORTATION OF THE PERSONS UTILIZING THE SERVICES
OFFERED UNDER THIS AGREEMENT.
Miscellaneous
The Parties agree that exclusive venue for any disputes arising from or in connection
with this Agreement shall lie in Lubbock County, Texas. The Parties further agree that
Texas law shall govern the interpretation of this Agreement and/or the resolution or
disposition of any disputes in connection therewith.
Damages resulting from non-performance by Citibus under this Agreement shall be
limited in any case to that contract amount to have been paid to Citibus under
paragraph (c), Scope of Services in this Agreement. In no case shall Citibus be liable
for incidental or consequential damages as a result of non-performance, or any act or
omission on the part of Citibus.
Time is of the essence for performance under this Agreement.
Il
In the event any provision in this Agreement is deemed invalid or unenforceable, the
Parties agree that all other terms and conditions contained in the Agreement shall
remain in full force and effect, as though said invalid or unenforceable provision had
not been included in the Agreement. All covenants expressed herein shall be
independent of one another.
All remedies expressed in this Agreement are cumulative in nature, and the election of
one or more available remedy by an aggrieved party shall not preclude the subsequent
pursuit of any other available remedy, legal or equitable, expressed or not, by that
same party.
The undersigned represent and warrant their respective authority to execute this
Agreement.
This Agreement may not be assigned without the prior written consent of the other
Party.
This Agreement is executed in multiple copies, each of which shall be considered a
true and original copy of this Agreement.
nny Isar e Date Jo n L. Wilson Date
enetal Manager General Manager
TNM&O Coaches, Inc. Citibus
1313 13th Street 801 Texas Avenue
Lubbock,Texas 79401 Lubbock,Texas 79401
APPR VED AS TO CONTENT: CITY OF LUBB K
David A. Miller, Mayor
are Loomis
As§gsptant City Manager Transportation & Public Works
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ATTEST:
ebeccza,City Seer
Secretary
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