HomeMy WebLinkAboutResolution - 4839 - Contract - CTMC Inc, TTU, TTUHSC - Campus Bus Service - 05/25/1995Resolution No. 4839
May 25, 1995
Item #10
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 and all related documents by and
between the City Transit Management Company, Inc., Texas Tech University and Texas Tech
University Health Sciences Center, and the City of Lubbock, Texas, for campus bus service,
attached hereto, and which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this
ATTEST:
Betty M. Johnso City Secretary
otelo
APPROVED AS TO FORM:
azold Willard, Assistant City Attorney
:dplccdocs\twsit. Res
May 15, 1995
Resolution No. 4839
May 25, 1995
Item #1Q
MU2572
AGREEMENT
The Agreement, made and entered into this 25th day of May '1995, by and between
CITY TRANSIT MANAGEMENT COMPANY, INC. (hereinafter referred to as the "Company"),
TEXAS TECH UNIVERSITY AND TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER 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 problems on the campus of the University as
it relates to the expanding campus 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 June 10,
1993, in which the City became obligated to provide capital assets reasonably required for the operation of the
public transportation system of the City, and McDonald 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
approximately thirteen (13) buses will be provided by the Company during the period beginning September 1,
1995, and terminating on August 31, 1996, 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:
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A. Company will furnish buses having a seating capacity (Manufacture rated) of not less than 37 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 shall be
instituted by Company within five (5) days after receipt of written notice from University. Initial
service, commencing on September 1, 1995, 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 a 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, 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. Acceptable markers
will be provided by the Company.
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 the Director of Transportation of
the City. Company shall not collect fares from its passengers, but shall charge University for providing
said bus service the sum of Thirty one and 45/100 Dollars ($31.45) per hour base rate for the academic
year (1995-1996) for each bus used in said service, and Company shall endeavor to provide a minimum
of 14,500 hours of transportation service to the University each academic year. 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 $1.05 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 $1.05 per Gallon)
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OR
Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost. Below $1.05 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 to be paid as promptly as possible in usual course of
University business. The Company will provide income and expense statement at the end of contract
period.
Supplement Bus Service
In addition to the scheduled bus service over specified routes as provided for in Paragraph II hereinabove,
Company shall furnish such other supplemental service, 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. Such
supplemental service shall be furnished by Company at any time during the hours from 7:00 a.m. to 11:30 p.m.,
upon receipt of three (3) days' written notice from University. Company will charge University for providing
said supplemental service the sum specified in Subparagraph E of Paragraph 11 hereinabove, for each bus used
in said service. Billing periods and reports of operation shall be submitted in accordance with the provisions of
Subparagraph E of Paragraph II hereinabove, and subject to Paragraph II, Subparagraphs A and B.
IV.
Publicity
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 University's approval of any advertisements before placing them in the buses used on campus.
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 their drivers at all times, and University assumes no obligations whatsoever
for either of the same.
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V1.
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 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 whatever 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, including to 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 Iiability and personal injuries or personal damages arising out of the operation of said bus
service to the extent of at least $100,000 for personal injury to any one person, $300,000 for each
occurrence, and $50,000 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 beat least in the sums just stated. Said insurance policy shall name and include
"The Board of Regents of Texas Tech University" and "Texas Tech University" as named insured. Said
policy or policies shall, upon request, be subject to the examination and approval of 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.
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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.
MisceIIaneous
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 service. The University shall, in such cases, notify
the Company twelve (12) hours in advance of the time service is to be resumed.
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IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed in their respective
names and behalf by their duly authorized officers and agents and their respective seals to be hereunto affixed,
all as of the 25th day of May , 1995.
TEXAS TECH UNIVERSITY
�L -
Dr. R ert W. Lawless, President
Date: �/���
REVIEWED FOR FISCAL IMPLICATIONS
nil
hief Fiscal Officer
Date: 9-1—
REVIEWED FOR FORM
TEXAS TECH UNIVERSITY
General Counsel
Date: ! ��
CITY
TRANSIT MANAGEMENT CO., INC.
John L. Wilson, Vice President
ACKNOWLEDGED AND AGREED TO
ATTEST:
&"f' Ao'j' -
Betty A Johns n, City Secretary
APPROVED AS TO CONTENT:
Larry Hoff n,
Director o Transportation
APPROVED AS TO FORM:
-vj—�&v
arold Willard,
Assistant City Attorney
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