HomeMy WebLinkAboutResolution - 4461 - Contract - CTMC Inc - Bus Service, TTU - 04/14/1994Resolution No. 4461
April 14, 1994
Item 450
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 bus service on the campus of Texas Tech
University at Lubbock, Texas, and City Transit Management Company,
Inc., attached herewith, 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 thi
ATTEST:
gl:'� tk �
etty . Jo son
City Secretary
APPROVED AS TO CONTENT:
V
Larry V Hoffman, rector of
Transpo tation
APPROVED AS TO FORM:
rold Wi ard, Assi tant
City Attorney
Contract MU2004
AGREEMENT
Resolution No. 4461
April 14, 1994
Item #50
The Agreement, made and entered into this 14th day of April ,
1994, 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 eleven (11) buses will be
provided by the Company during the period beginning September 1, 1994, and
terminating on August 31, 1995, 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, 1994, 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 and 50/100 Dollars ($30.50) per hour base rate
for the academic year (1994-1995) for each bus used in said service, and
Company shall endeavor to provide a minimum of 13,500 hours of
transportation service to the University each academic year. Such
charges shall be adjusted each month to reflect any change above or
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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)
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 II 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.
Page 3 of 6
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.
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 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 liability 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 be at 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.
Page 4 of 6
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 service. The University shall, in such cases, notify the
Company twelve (12) hours in advance of the time service is to be
resumed.
Page 5 of 6
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 30th day of May , 1994.
TEXAS TECH UNIVERSITY
i
Dr. bert W. Lawless, President
Date: EL>4 �y
REVIEWED FOR FISCAL IMPLICATIONS
Chi&f Rrsda-1 Of icer
Date:
REVIEWED FOR FORM
TEXAS TECH UNIVERSITY
General Counsel
r�
Date: s�'41
&8fiw%Miw% U Mtr.
CITY TRANSIT MANAGEMENT CO., INC.
`lit/V
John L. Wilson, Vice President
ACKNOWLEDGED AND AGREED TO
ATTEST:
Betty M. Joh son, City Secretary
APPROVED AS TO CONTENT:
Larry f an,
Direct of Tra ortation
APPROVED AS TO FORM:
arold Willard,
Assistant City Attorney
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