Ord 64-2018 Transit After Hour Service 12/18/2018
Ordinance No. 64-2018
Ordinance amending the FY 2019 Public Transportation Budget in an
amount of $17,537 for after-hour public transportation services and
authorizing the City Manager to execute a memorandum of
agreement with Work Services Corporation for financial assistance
related to after hour public transportation services
WHEREAS, the City of Wichita Falls has received requests for additional after
hour public transportation service; and,
WHEREAS, the City of Wichita Falls desires to provide a test program from
January 7, 2019 to April 6, 2019 to provide after hour service; and,
WHEREAS,
amount of $17,537 to provide after hour service; and,
WHEREAS, Work Services Corporation desires to participate in a public private
partnership with the City of Wichita Falls in an amount of $2,000 to provide the after
hour service.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to amend the FY 2019 Public Transportation
budget in an amount of $17,537 for after hour public transportation service for a period
to not exceed three months, and approve an agreement with Work Services
Corporation, with changes thereto in a form approved by the City Attorney, for public
private partnership participation to support after hour service.
th
PASSED AND APPROVED this the 18 day of December, 2018.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
INTERAGENCY AGREEMENT
BETWEEN WORK SERVICES CORPORATION
AND THE CITY OF WICHITA FALLS
This document outlines the transportation of employees of Work Services Corporation
(WSC) by the City of Wichita Falls (CITY) between 5 PM and 1 AM.
Whereas
, the CITY will develop a route outside of its normal public transportation
operating hours. For the purpose of this agreement, those hours will be identified between 5 PM
and 1 AM (After Hour Service). WSC employees may use the service to access their job site and
to return home from work.
considerations for After Hour Service, all WSC employees are allowed to use the After Hour
Service free of charge. Without WSC identification and prescheduled pick up, After Hour
transportation will not be provided.
This agreement will become effective January 7, 2019 and will remain in effect until December
31, 2019, unless otherwise amended by mutual agreement or terminated by any party by written
notice of at least ninety (90) days in advance of the cancellation or December 31, 2019,
whichever comes first. The payment will be prorated for any remaining time left should this
agreement be terminated before December 31, 2019.
Upon entering into this agreement, the CITY and WSC agree to the following:
I. CITY Duties
1) CITY will provide an After Hour route, open to the general public, which will include:
A. prescheduled pick up from work to home
B. prescheduled pick up from home to work
C. service will begin at 5 PM and conclude at 1 AM, with actual route service running
from 5:30 PM to 12:30 AM.
D. service must be prescheduled before noon on the day that the service is required.
E. for weekend service, the trip must be prescheduled before noon on Friday.
F. for the purpose of this agreement, the After Hour Service will be provided Monday
through Saturday. There will be no Sunday service.
2)CITY will not provide service for this route on the following dates/days:
th
,
Labor Day, Thanksgiving, Friday after Thanksgiving, Christmas Eve, and
Christmas)
B. Weather days as identified by Sheppard Air Force Base
C. Weather days as identified by FallsRide supervision
3)CITY will provide a qualified and trained driver for each bus.
4)CITY will provide mobility assistance to those accessing or exiting the bus, as well as
when the bus is in motion.
5)CITY will provide curb-to-curb assistance for both job access and return home
commute.
6)CITY will provide an appropriate sized bus to accommodate those scheduling service.
These vehicles will meet all state and federal safety inspection requirements.
7)CITY will provide documentation, upon request, illustrating the expenditures
associated with the route, as well as passenger count numbers related to WSC
employees.
8)CITY will provide assurance through this document that any CITY employees
operating buses for this route service have not been convicted of a felony criminal
offense.
9)With the exception of Sheppard Air Force Base property, the CITY will not route
buses off of public right-of-way.
10)Allow all WSC employees with a current WSC identification card to use the After
Hour Service free of charge.
10) Allow WSC employees to preschedule service up to one week in advance.
11) The City will not provide personal assistance to help customers from the curb to their
home or work.
II. WSC Duties
1) Provide orientation and training to employees using the proposed After Hour Service.
2) Acknowledge that all employees must preschedule their trip before noon on the day of
the Service; acknowledge that all employees must preschedule their weekend service
before noon on the Friday before Service is required.
3)Provide the CITY $8,000 in local match considerations, for FTA grant purposes, due
in quarterly installments of $2,000 on or before January 1, April 1, July 1, and
October 1. Failure to meet this requirement may result in the immediate suspension
of the services identified in this agreement.
4)Assist the CITY in any issues regarding transit operations on Sheppard Air Force
Base property.
5)Assist the CITY in any type of customer service issues regarding WSC employee
concerns on the FallsRide After Hour Service.
6)Acknowledge that scheduling may not allow for the most efficient form of
transportation, and that customers using the service will be picked up and dropped off
as the schedule dictates and not necessarily in the order the customer accesses the bus.
III. Joint Duties
1)The PARTIES shall designate Dennis Burket, CITY Public Transit Administrator,
and Larry Pressler, WSC Food Service Project Manager, as the primary contact
persons for all matters relating to this agreement and services provided.
2)The PARTIES shall commit to cooperative processes that will make the agreement
successful.
3)The PARTIES shall meet annually to review services provided in this agreement.
IV. Term of Agreement
. The term of this Agreement shall be for one year beginning January
1, 2019. This agreement may be automatically renewed for additional one year periods, not to
exceed a total of five years, unless terminated prior to renewal. Notwithstanding, either party
may terminate this Agreement at any time, with or without cause, on at least 90-days notice to the
other party.
V. Governing Law and Dispute Resolution.
This agreement is performable and is to be
governed by the law applicable in Wichita County, Texas. Sole venue for any action arising
under this agreement shall be in Wichita County, Texas.
VI. Indemnification and Limit of Liability.
WSC expressly agrees to release, defend,
indemnify and hold harmless the City, the City officers, agents, and employees from injuries to
persons or damage to property in connection with the After Hour Service. Work Services
Corporation expressly agrees to defend, indemnify and hold harmless the City, its officers,
agents, and employees in accordance with this clause regardless of whether the injury or damage
is caused in whole or in part by the alleged acts or omissions of the City or any condition of any
property owned or controlled by the City.
The City shall not be responsible for third-party damage as a result of the use of this After Hour
Service.
VII. No Third-Party Beneficiaries.
Nothing herein shall be construed to give any rights or
benefits to anyone other than the City and WSC.
VIII. Independent Contractor.
In performing services under this agreement, the relationship
between City and WSC is that of independent contractor, and City and WSC by the execution of
this Agreement do not change the independent contractor status of WSC. No term or provision
of this Agreement or act of either party in the performance of this Agreement shall be construed
as making WSC or any of its agents or employees into an agent, servant, or employee of City.
IX. No Assignment.
WSC may not assign, transfer or sub-contract this Agreement or any of its
rights or duties under this Agreement without the prior written consent of the City.
X. Force Majeure.
In the event a Party is prevented from performing under this Agreement by
circumstances beyond its reasonable control (for example, act of God, war or terrorism), then any
obligation owing by such Party shall be suspended without liability for the period during which
the Party is so prevented from performing.
XI. Notice.
All notices or demands to be given under this Agreement by either Party to the other
shall be in writing and given either by: (a) personal service or (b) U.S. Mail, mailed either by
registered or certified mail, return receipt requested, with postage prepaid. Service shall be
considered given when received if personally serviced or if mailed on the third day after deposit
in any U.S. Post Office. The address to which notices or demands may be given by either Party
may be changed by written notice given in accordance with the notice provisions of this section.
At the date of this Agreement, the addresses of the parties are as follows:
City of Wichita Falls Work Services Corporation
Public Transportation Superintendent Ben Ezzell
2100 Seymour Highway 1343 Hatton Road
Wichita Falls, Texas 76301 Wichita Falls, Texas 76302
XII. Waiver.
The waiver by either Party of a breach of any term or provision of this Agreement
shall not operate or be construed as a waiver of any subsequent breach of the same provision or
of the breach of any term or provision of this Agreement.
XIII. Governmental Function Clause.
All parties agree that this agreement is one wherein the
City of Wichita Falls is solely performing a governmental function. All parties expressly agree
that the City is not engaging in any propriety functions.
XIV. Contractual Damages Limitation Clause.
All parties agree that damages in this contract
are limited only to those authorized under Texas Local Government Code Section 271.153.
Specifically, the City is not liable for consequential damages or exemplary damages.
If any action at law or in equity is necessary to enforce this
subchapter I, § 271.153(a)(3) provides that the total amount of money awarded in an adjudication
in § 271.153(a)(3) and all other law.
XVI. Verification.
I, (authorized official) _________________________________, do hereby depose and verify the
truthfulness and accuracy of the contents of the statements submitted on this certification under
the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company
named below:
1) does not boycott Israel currently; and
2) will not boycott Israel during the term of the contract; and
hat Boycott Israel List
located at: https://comptroller.texas.gov/purchasing/publications/divestment.php
______________________________________________________________________
Company Name
______________________________________________________________________
Signature of Authorized Official
______________________________________________________________________
Title of Authorized Official Date
Executed, this the ____ day of ____________________, 2018.
City of Wichita Falls Work Services Corporation
___________________________ ________________________________
Darron Leiker, City Manager David Toogood, President
Attest Attest
___________________________ ________________________________
City Clerk
Approved as to form:
__________________________
City Attorney