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HomeMy WebLinkAboutResolution - 1716 - Agreement - Texas Tech University, & CTMC Inc - Campus Bus Services, TTU - 06/14/1984JWF:cl RESOLUTION RESOLUTION 1716 - 6/14/84 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 acknowledge and agree to Paragraph VII of an Agreement dated June 14, 1984 for bus service which is to be entered into by and between 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 this 14th day of June 91984. HENR , AYOR -ATTEST:,^_ City ecr tar -Trea APPROVED AS TO CONTENT: Sylve er C. Cantu- Administrative Asst. I APPROVED AS TO FORM: IV CA IAU^'"� . J. Wo V h Fullingim, Asst. CV y Attorney RESOLUTION 1716 - 6/14/84 AGREEMENT The Agreement, made and entered into this 14th day of June, 1984, by and between CITY TRANSIT MANAGEMENT COMPANY, INC. (hereinafter referred to as the "Company"), TEXAS TECH UNIVERSITY 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"). W I T N E S S E T H: 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 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, Company and City have entered into a management agreement dated September 8, 1983, in which City is obligated to provide all capital assets for the operation of the public transportation services in and around the City of Lubbock, including the services provided under the Agreement; and WHEREAS, this Agreement embodies the intention and resolution of the above named parties: NOW, THEREFORE WITNESSETH THIS AGREEMENT: Term It is agreed and understood by and between the parties hereto that a University bus service utilizing approximately eight (8) buses will be provided by Company during the period beginning with September 1, 1984, and terminating on August 31, 1985, provided, however, that either Company or University may terminate said bus service upon thirty (30) days' written notice delivered to the other by registered mail. Bus Operations With respect to bus operations, Company and University agree that the following conditions shall apply: A. Company will furnish buses having a seating capacity (Manufacture rated) of not less than 37 with driver -operated front and side doors. It is agreed that certain seats may be removed from said buses to facilitate the ingress and egress necessary to accommodate the high volume of passenger turnover; except that all buses will provide seats for not less than 26 -1- passengers. 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, 1984, 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 charges 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 Univer- sity'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 period, 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. Company shall not collect fares from its passengers, but shall.charge University for providing said bus service the sum of Twenty -Five and No/100 Dollars ($25.00) per hour based rate for each bus used in said service, which charge 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 and a base figure of $1.05 per gallon. The adjustments shall be based on fuel consumption of 2.5 gallons per hour of operation 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) -2- 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 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 Pargraph 11 hereinabove, for each bus used in said service. Billing periods and reports of Subparagraph E of Paragraph II hereinabove, and subject to Paragraph 11, Subparagraphs A and B. IV. Publicity University will undertake and conduct a program designed to publicize the existence of said bus servile-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. 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 -3- 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 constitute Company's employees only, 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 'ar i:srng,out,af ::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 operations 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" as names insured. Said policy or policies shall, upon request, be subject to the examination and approval of University. B. Company, as a named insured, assumes, to the extent of the insurance coverage maintained, the risk of 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. V11i� 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. -4- IX. Miscellaneous A. It is further agreed that this Agreement is made solely for the benefit of University and Company, that it is not made for the benefit of any third person, 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 shall have the right to procure appropriate transportation service from others during the period. If, for any reason beyond the control of the University, including, but not limited to, epidemics, student strikes or disorders, or severe weather conditions, the University may, upon twelve (12) hours' notice to the Company, request the temporary suspension of bus service until the resump- tion 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. -5- e 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 14th day of June, 1984. TEXAS TECH UNIVERSITY Dr. Lauro F. Cavazos, President ATTEST: Evelyn Ga fga, City Secretary -Treasurer Sl: CITY TRANSIT MANAGEMENT COMPANY, INC. John L. Wilson, Vice -President ACKNOWLEDGED AND AGREED TO Only in as far as set out in Section VII A and B: CITY OF LUBBOCK wZ`/09MM WM enry, Mayor APPROVED AS TO CON'KNT: J4 �e ..� Syl vo ter C. Cantu, Administrative Assistant I APPROVED AS TO FORM: Vm1k J orth Ful I Mgim A sistant City Attorney