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Home My WebLink About2005-152S:\Our Documents\Ordinances\05\VCR Grant Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING ADDENDUM A TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY PROVIDING LINK OPERATIONS FUNDING FOR FISCAL YEAR 2004-2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on about September 7, 2004, the City of Denton, Texas (hereinafter the "CITY") entered into an Interlocal Cooperation Agreement with the Denton County Transportation Authority (hereinafter the "AUTHORITY") which authorized the AUTHORITY to appropriate funds to the CITY for the provision of public transportation services under the terms and conditions currently existing for the operation of LINK, pursuant to an existing contract between the CITY and McDonald Transit (hereinafter the "INTERLOCAL AGREEMENT"); and WHEREAS, the CITY has received or expects to receive a Vehicle Capital Replacement Grant ("VCR") under those certain State/Local Urban Public Transportation Agreements dated July 26, 2004 and September 30, 2004 (hereinafter called "grant agreements") with the State of Texas, acting through the Texas Department of Transportation (hereinafter called, "STATE"); and WHEREAS, both the CITY and the AUTHORITY recognize that two (2) demand response vehicles are needed to increase the LINK's fleet to provide additional demand response service; and WHEREAS, both the CITY and the AUTHORITY agree that the INTERLOCAL AGREEMENT needs to be amended to provide for the acquisition of these vehicles; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute Addendum A to the INTERLOCAL AGREEMENT on behalf of the CITY. SECTION 3. The City Manager, or his designee, is authorized to execute any other documents on behalf of the CITY necessary to implement Addendum A to the INTERLOCAL AGREEMENT on behalf of the CITY. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. S:\Our Documents\Ordinances\05\VCR Grant Ordinance.doc PASSED AND APPROVED this the ��_ day of , 2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:(l A!)1A.Q4-' 1 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: A4'// U BROCK, MAYOR Page 2 of 2 ADDENDUM A TO THAT CERTAIN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN DENTON COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF DENTON, TEXAS, DATED EFFECTIVE OCTOBER 1, 2004 This Amendment, Addendum A to that certain Interlocal Cooperation Agreement, by and between the City of Denton, Texas, a Texas municipal corporation (hereinafter the "CITY") and the Denton County Transportation Authority (hereinafter "AUTHORITY"), each organized and existing under the laws of the State of Texas, and acting by, through and under the authority of their existing governing bodies and officials entered into pursuant to the "Interlocal Cooperation Act," Chapter 791 of the TEx. Gov'T CODE (the "Act") effective October 1, 2004 (herein referred to as the "INTERLOCAL AGREEMENT'); and 19:4I:\TI:l��l WHEREAS, in accord with the INTERLOCAL AGREEMENT, the CITY and AUTHORITY are governmental entities that each have the statutory authority to perform the services set forth in the INTERLOCAL AGREEMENT, and who desire to Amend the INTERLOCAL AGREEMENT as set forth in Addendum A, to purchase two El Dorado Type III Vehicles for Demand Response Service (hereinafter referred to as "demand response vehicles") for the Denton Transit System (hereinafter referred to as "LINK'); and WHEREAS, the paying party will make all necessary payments herein out of available current revenues available to the paying party and all payments made by it will fairly compensate the performing party for the services provided herein; and WHEREAS, the CITY has received or expects to receive a Vehicle Capital Replacement Grant ("VCR') under those certain State/Local Urban Public Transportation Agreements dated July 26, 2004 and September 30, 2004 (hereinafter referred to as "grant agreements") with the State of Texas, acting through the Texas Department of Transportation (hereinafter "TxDOT'% and WHEREAS, both the CITY and the AUTHORITY recognize these demand response vehicles are needed to increase LINK's fleet to provide additional demand response service; and WHEREAS, both the CITY and the AUTHORITY agree that the INTERLOCAL AGREEMENT pursuant to Article 18 therein, should be amended to provide for the acquisition of these demand response vehicles; NOW, THEREFORE, SECTION 1. The CITY and the AUTHORITY, for and in consideration of the promises made and the mutual covenants set forth in this Addendum, and pursuant to the authority granted by the governing bodies of each of the parties, do hereby agree to amend the subsections 5.2.18 and 6.1.2 of the INTERLOCAL AGREEMENT. Subsection 5.2.18 is amended by adding new language, as follows: M556. irsevu 144ro1oaosso5 "5.2.18 Provide necessary office space, office furniture, equipment, materials, fuels, supplies, rolling stock, bus maintenance and storage facilities, fueling station and fueling attendant, computer hardware and software, radios, person -to - person communication devices (Nextel Phones), fare collection equipment, fleet maintenance equipment, and other necessary and appropriate equipment which may be required to provide the LINK service. The current equipment, including buses being operated and maintained through the McDonald Transit Agreement and the demand response vehicles purchased hereunder should be adequate to provide the LINK Service. If additional equipment, including buses, are required to provide the LINK Service, the CITY will notify the AUTHORITY of such need to purchase same, in which case the purchases shall be made in accord with applicable purchasing law and the AUTHORITY's purchasing policy and agreement. If a purchase is approved, the budget will be amended to reflect the purchase, unless it is a minor purchase. Any purchase of $5,000.00 or less is a minor purchase and may be approved by the AUTHORITY's Executive Director, without prior Board approval. The AUTHORITY and the CITY hereby agree that two (2) demand response vehicles are necessary and appropriate to provide the LINK Service and that the purchase of the demand response vehicles has or will be made in accordance with all applicable laws including the AUTHORITY's purchasing policy. The CITY and the AUTHORITY agree that the solicitation and award of bids for the demand response vehicles has been performed in accordance with all applicable laws, including all Federal Transit Administration (FTA) and TxDOT procurement guidelines. Upon award of the bids and the entrance into an applicable contract or purchase order for the new demand response vehicles by the CITY and the receipt of an invoice from the low bidder, the CITY will invoice the AUTHORITY for the full cost of the demand response vehicles. The AUTHORITY will then remit payment to the low bidder and invoice the CITY for the VCR grant portion of the demand response vehicle purchase. Upon receipt of the demand response vehicles from the low bidder, and the verification that the AUTHORITY has paid the full purchase price for the vehicles, the CITY will timely submit an invoice to TxDOT for reimbursement of the VCR grant funds. Upon receipt of the VCR grant funds from TxDOT, the CITY will remit the full amount of the VCR grant funds received to the AUTHORITY immediately after TxDOT approves this transaction in accordance with the grant agreements. The CITY's remittance shall not exceed the amount paid for the demand response vehicles by the AUTHORITY. The AUTHORITY agrees that the CITY will fulfill all grant administration requirements and close out procedures for the VCR grant in accordance with the grant agreements and that CITY and the AUTHORITY will jointly petition the FTA and TxDOT to allow the transfer of title to the AUTHORITY. Subject to approval by both TxDOT and the FTA of the transfer of title and all other aspects of this transaction in accordance with the Page 2 of 4 7MS56. I1SP3/13 I"/DI 00/052605 grant agreements the CITY will transfer title of the demand response vehicles to the AUTHORITY at no cost." The AUTHORITY has budgeted a total of $133,500 for the purchase of the demand response vehicles The budget, attached to the INTERLOCAL AGREEMENT as Exhibit B and discussed in subsection 5.3 therein will be amended to reflect this amendment and will be attached to this Addendum A to the INTERLOCAL AGREEMENT and become a part of same as if incorporated herein by reference. SECTION 2. Subsection 6.1.2 of the INTERLOCAL AGREEMENT is hereby amended to read as follows: "6.1.2 Provide funding for the purchase of necessary additional equipment and supplies as provided for in Section 5.2.17 5.2.18." SECTION 3. That save and except as amended hereby, all the other terms and conditions contained in the INTERLOCAL AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Addendum A, an amendment to the INTER -LOCAL AGREEMENT to be executed in two (2) original counterparts, by its duly -authorized and empowered Mayor and the Denton County Transportation Authority has caused this Agreement to be executed b 'ts duly -authorized and empowered officer to be effective as of the _%� 1 day of 2005. CITY OF DENTON, TEXAS EULINtAROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY mm Page 3 of 4 A8566.16r3/1310N01 W 52605 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: DENTON COUNTY TRANSIT AUTHORITY BY: j C ES Y C AIRMAN APPROVED AS TO LEGAL FORM: RIDER SCOTT, GENERAL COUNSEL BY: Page 4 of 4 T8556.1/Mil 314 MIONU5205 Exhibit B O erations Bud et Type of Service Adminl Overhead Operations Maintenance Fuel Total Operations LINK $64,750 $761,950 $211,496 $92,736 $1,130,932 ADA $21,430 $192,275 $52,874 $23,184 $289,763 $954j225 Ern"'.$26437,0 , *s$115920 F f$1;420',695 UNT Shuttle $935,993 $303,512 $168,287 $1,407,792 Total $,e"rviCes y �,7" N�„c$86,180 ,,A,'$1'890 218 dL r $567882�, CaDital Budget Federal Share Local Share Total Cost Two Replacement Vehicles 1 $106,800 $26,700 $133,500