HomeMy WebLinkAboutResolution - 2020-R0221 - Amendment to Interlocal Agreement with TTU, Campus bus serviceResolution No. 2020-RO221
Item No. 7.9
July 14, 2020
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 Interlocal Transit System Management
Agreement for transportation services, by and between the City of Lubbock and Texas Tech
University, a Texas public institution of higher education, 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 July 14, 2020
AT "ST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Bill rt n, eputy Ci ger
I�i37�A
V `---y
DANIEL M. POPE, MAYOR
City Attorney
Resolution No. 2020-RO221
AMENDMENT TO INTERLOCAL TRANSIT SYSTEM MANAGEMENT AGREEMENT
This Amendment to Interloca) Transit System Management Agreement ("Amendment")
is entered into on this, the 14th day of July , 2020 by and between the City of Lubbock,
Texas, a Texas municipal corporation ("City") and Texas Tech University, a Texas public
institution of higher education ("University"), collectively the "Parties".
WHEREAS, the Parties entered into an Interloca) Transit System Management
Agreement (the "Agreement") dated July 26, 2018 (Resolution No. 2018-110231) setting forth
certain terms and conditions respecting the provision of transportation services to University by
City; and
WHEREAS, the Agreement provides for a term of two (2) years; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional
year, as set forth below, with an increase to the hourly rate charged, with all other provisions of
the Agreement remaining unchanged, except conforming changes as set forth below.
NOW THEREFORE, in consideration of the mutual promises contained herein, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Parties hereto agree to amend, and do amend, the Agreement as follows:
1. The first sentence of Article 1, Section A shall read as follows:
"The bus service contemplated under this Agreement shall be provided by the City for
the University for a term of three (3) years, beginning September 1, 2018 and ending
August 31, 2021, at an hourly rate as set forth in this Agreement (the "Term")."
2. Article 2, Section G shall read as follows:
"The City shall not collect fares from the passengers of the bus service contemplated
under this Agreement, but shall charge the University for providing bus service on the
Campus as follows:
During the period from September 1, 2018, and August 31, 2020, the City will
provide an estimated thirty-six thousand four hundred and one and fifty-one
hundredths (36,401.51) hours of service annually at a base rate of fifty-five dollars
($55.00) per hour, for a total of four million four thousand one hundred sixty-six dollars
and sixty-one cents ($4,004,166.61), with such hours being calculated based on the
published 2018-19 school calendar.
During the period from September 1, 2020, and August 31, 2021, the City will
provide an estimated thirty-six thousand four hundred and one and fifty-one
hundredths (36,401.51) hours of service at a base rate of fifty-six dollars ($56.00) per
hour, for a total of two million thirty-eight thousand four hundred eighty-four dollars
Amendment to Interlocal Transit System Management Agreement
City of Lubbock/Texas Tech University Page 2 of 4
and fifty-six cents ($2,038,484.56), with such hours being calculated based on the
published 2018-19 school calendar."
3. Article 2, Section H shall read as follows:
"The City shall not collect fares from the passengers of the bus service contemplated
under this Agreement, but shall charge the University for providing bus service off of the
Campus as follows:
During the period from September 1, 2018, and August 31, 2020, the City will
provide an estimated thirty-two thousand nine hundred and twenty-one and forty-nine
hundredths (32,921.49) hours of service annually at a base rate of fifty-five dollars
($55.00) per hour, for a total of three million six hundred twenty-one thousand three
hundred sixty-three dollars and ninety cents ($3,621,363.90), with such hours being
calculated based on the published 2018-19 school calendar.
During the period from September 1, 2020, and August 31, 2021, the City will
provide an estimated thirty-two thousand nine hundred and twenty-one and forty-nine
hundredths (32,921.49) hours of service at a base rate of fifty-six dollars ($56.00) per
hour, for a total of one million eight hundred forty-three thousand six hundred three
dollars and forty-four cents ($1,843,603.44), with such hours being calculated based on
the published 2018-19 school calendar."
4. Article 2, Section I shall read as follows:
"The total estimated charges for the on Campus and off Campus bus service
contemplated under this Agreement for the Term, calculated by adding the total
charges in Sections G and H of this Article, and excluding any additional charges
contemplated in this Agreement for the Term, shall be eleven million five hundred
seven thousand six hundred eighteen dollars and fifty-one cents ($11,507,618.51)."
5. Article 2, Section L shall read as follows:
"The Parties acknowledge that for the period from September 1, 2018 to August 31,
2020 the discount base rate of fifty-five dollars ($55.00) shall apply only if the total
annual number of bus service hours under this Agreement for that same period is sixty-
seven thousand five hundred (67,500) hours of greater. In the event the total annual
number of bus service hours is less than sixty-seven thousand five hundred (67,500)
hours, then the standard base rate of fifty-six dollars and thirty-five cents ($56.35) shall
be applied retroactively from the start date of the Term for all bus services provided by
the City from September 1, 2018 to August 31, 2020.
The Parties acknowledge that for the period from September 1, 2020 to August 31, 2021
the discount base rate of fifty-six dollars ($56.00) shall apply only if the total annual
number of bus service hours under this Agreement for that same period is sixty-seven
thousand five hundred (67,500) hours of greater. In the event the total annual number
Amendment to Interlocal Transit System Management Agreement
City of Lubbock/Texas Tech University Page 2 of 4
of bus service hours is less than sixty-seven thousand five hundred (67,500) hours, then
the standard base rate of fifty-seven dollars and thirty-five cents ($57.35) shall be
applied retroactively to September 1, 2020 for all bus services provided by the City until
the expiration of the Term."
6. Article 2, Section M shall read as follows:
"The Parties acknowledge that for the period from September 1, 2018 to August 31,
2020 the discount base rate of fifty-five dollars ($55.00), subject to the discount base
rate described above in the first paragraph of Section L, shall apply only if all available
services are provided, including S Bus, Night Owl, and/or Taxi service. In the event a
service is not provided, the base rate shall increase by twenty-five cents ($0.25) per
hour for each service not provided (e.g., if S Bus service is not provided, the base rate
shall be fifty-five dollars and twenty-five cents ($55.25)). In the event a service is not
provided and the total annual number of bus service hours from September 1, 2018 to
August 31, 2020 is less than sixty-seven thousand five hundred (67,500) hours, the base
rate shall increase by twenty-five cents ($0.25) per hour for each service not provided in
addition to the standard base rate of fifty-six dollars and thirty-five cents ($56.35)
applied retroactively from the start date of the Term for all bus services provided by the
City from September 1, 2018 to August 31, 2020."
The Parties further agree that all other terms and conditions of the Agreement shall continue in
full force and effect for all purposes.
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
ATTEST:
V 1 ✓
Rebecca Garza, City Secrets
Amendment to Interlocal Transit System Management Agreement
City of Lubbock/Texas Tech University
I Inivcrciry
(Printed Name)
Page 3 of 4
APPROVED AS TO CONTENT:
Bill How n, Deputy City Man r
APPROVED AS TO FORM:
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i
Amendment to Interlocal Transit System Management Agreement
City of Lubbock/Texas Tech University
APPROVED AS TO CONTENT:
4an, Vice President for
Administration and Finance,
Chief Financial Officer
APPROVED AS TO FORM:
(Printed Name)
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