HomeMy WebLinkAboutResolution - 1693 - Amendment #1 To Contract - MTA Inc - Transportation Management Services - 09/08/1984ii JCR:cl
RESOLUTION
RESOLUTION 1693 - 5/24/84
Amends Reso. 1472 - 9/8/83
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 an Amendment
No. 1 to the Transportation Management Contract between the City of Lubbock
and McDonald Transit Associates, 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 24th day of May ,1984.
AL H RY, A----
ATTEST:-
velyr"affgat/J70y Secretary
APPROVED AS TO CONTENT:
J� Be tram, Assistant City Manager
APPROVED AS TO FORM:
'4 G d2�-26.� 1�7
_Q
n C. Ross, Jr., City Attorn y
RESOLUTION 1693 - 5/24/84
Amends Reso. 1472 - 9/8/83
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AMENDMENT NO. 1 TO THE TRANSPORTATION
MANAGEMENT CONTRACT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This Amendment No. 1 to the Transportation Management
Contract of September 8, 1983 is entered into by and between the
City of Lubbock, hereinafter called "City," and McDonald Transit
Associates, Inc.., a Texas Corporation, hereinafter called "McDT".
W I T N E S S E T H:
WHEREAS, the City of Lubbock and McDT have previously
entered into a contract for Transportation Management Services,
which contract was executed on the 8th day of September, 1983,
and
WHEREAS, paragraph V of said contract reserves under the
City the right of approval of all contracts entered into by CTM
or McDT, and
WHEREAS, the City and McDT have determined that such
reservation of rights on the part of the City as heretofore
mentioned is no longer needed or necessary, and
WHEREAS, McDT is in agreement that the original contract
between the parties heretofore entered into on September 8, 1983
should be amended removing therefrom the reservation of right as
heretofore mentioned in favor of the City, and
WHEREAS, there are numerous and sundry operational agree-
ments entered into from time to time by McDT in order to comply
with their agreement to properly manage the City Transit System,
NOW THEREFORE, paragraph V of the original agreement existing
between the City and McDT is hereby altered and amended to read
as follows:
V.
McDT covenants and agrees to incorporate and maintain
at its sole cost and expense a Texas Corporation, City
Transit Management Company, Inc. d/b/a Citibus hereinafter
referred to as "CTM" which shall be the employer of all
employes necessary for the operation of the system.
Any contractual obligation or liability entered into or
assumed by CTM, in connection with the operation of the
transit system, shall be binding upon McDT only for the term
of this Agreement, as same may be extended, and in the event
this Agreement is terminated or expires, then the City shall
thenceforth assume all future obligations and liabilities
under said contracts either on behalf of itself or any
successors to CTM. The City agrees to indemnify CTM and
McDT and hold them harmless from all contractual liability
and costs arising out of the operation of the transit system
with the exceptions set forth in Section XIII hereof.
-2-
It is agreed between the parties hereto that the Transpor-
tation Management Agreement executed on the 8th day of September,
1983 is not changed, amended or altered in any other way except
as is set out in this Amendment No. 1 to said Agreement.
EXECUTED this the 24th day of May , 1984.
MCDONALD TRANSIT ASSOCIATES, INC. CITY OF LUBBOCK:
, /z/" , i �
JOHN WILSON, VICE PRESIDENT ALANPHEWRY, TAM
ATTEST:
64el Gaflraf,�Tlty See
APPROVED AS TO CONTENT
J )Bertram,_ Assistant
&-t-Manager
APPROVED AS TO FORM:
Jhn C. Ross, J
ity Attorney
-3-
McDonALD TRAIISIT ASSOCIATES, Inc.
6009 BRENTWOOD STAIR ROAD • FORT WORTH, TEXAS 76112 • (817) 496-
May 17•, 1984
� L
Mr. John L. Wilson, Vice President! yL
McDonald Transit Associates, Inc.
c/o CITIBUS
P.O. Box 2000
Lubbock, Texas 79457
Dear Mr. Wilson:
This letter will serve as your formal authority to execute on
behalf of McDonald Transit Associates, Inc. Amendment Number 1 to
the current agreement between McDonald Transit Associates, Inc.
and the City of Lubbock.
Sincer y,
Louis L. Heil
President
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