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HomeMy WebLinkAbout2004-178FILE REFERENCE FORM 2004-178 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Late mtnais Amended by Ordinance No. 2004-287 09/21/04 JR SAOur Documents\Ordinances\04\InterlocaldINT-Bus Service 2004-05.doc ORDINANCE NO. AW AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, THE UNIVERSITY OF NORTH TEXAS AND MCDONALD TRANSIT ASSOCIATES, INC. TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the University of North Texas ("UNT") and the City of Denton have previously entered into an Interlocal Agreement dated November 5, 2002 which was subsequently amended on July 16, 2003 (the "Existing Agreement") to provide motor carrier passenger service for UNT students, staff and faculty; and WHEREAS, on April 16, 2002 the City and McDonald Transit Associates, Inc. ("McDonald") entered into that certain agreement to provide services for passenger motor carrier service which was subsequently amended several times (the Transit Agreement") which transit services are operated under the name of "LINK"; and WHEREAS, the City, UNT and McDonald desire to enter into a new Interlocal Agreement which will supercede the Existing Agreement, to the extent of conflict and amend portions of the Transit Agreement, in substantially the same form as the Interlocal Agreement attached hereto and made a part hereof by reference; and WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest; NOW, THEREFOR; 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 City Manager, or his designee, is hereby authorized to execute the Interlocal Agreement on behalf of the City and to exercise the City's rights and duties under the Interlocal Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this theoa day of , 2004. A EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CI TY SECRETARY BY. APPR E AA TO LEGAL FORM: HERB ERT L. P UTY, CIT ATTORNEY BY: Page 2 INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into to be effective the I st day of August, 2004 (the "Effective Date"), by and between the City of Denton, Texas, a Texas municipal corporation, hereinafter referred to as City, University of North Texas, a Texas State University, hereinafter referred to as UNT and McDonald Transit Associates, Inc. a Texas Corporation, hereinafter referred to as McDonald. WHEREAS, on April 16, 2002 the City and McDonald entered into that certain agreement to provide services for passenger motor carrier service which has been amended and extended (the Transit Agreement") which transit services are operated under the name of "LINK"; and WHEREAS, on November 5, 2002 the City and UNT entered into that certain Interlocal Agreement which was subsequently amended on July 16, 2003 (the "Existing Interlocal Agreement") for the City, through LINK, to provide certain bus services to UNT (the `Existing UNT Bus Service"); and WHEREAS, the City, UNT and McDonald desire to enter into this agreement (the "Agreement") to amend and extend bus service for UNT; and WHEREAS, all payments for services under this agreement are made from current revenues of the paying party and fairly compensate the performing party for the services provided for herein; and WHEREAS, this Agreement is in the public interest; NOW, THEREFORE, the City, UNT, and McDonald in consideration of the mutual covenants hereinafter expressed, agree as follows: ARTICLE ONE The term of this Agreement shall commence as of the Effective Date and shall expire on the 20th day of August, 2005. Except for the funding for the additional buses as provided for in Article Two, this Agreement may be terminated by the City or UNT upon a 90 day advanced written notice to the other party and McDonald. ARTICLE TWO 2.0 This Agreement is conditioned upon the City's acquisition of 15 buses from the Dallas Area Rapid Transit System ("DART") which buses are more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Additional Buses"). 2.1 The City is in the process of acquiring the Additional Buses from DART through an Interlocal Agreement which calls for funding through a federal grant by DART requiring local matching funds in the amount outlined Exhibit "A" ("Local Match"), but not to exceed $285,000. UNT shall pay the City the Local Match no later than August 2, 2004 (the "Payment Date"). UNT reserves the right to obtain the Local Match from other sources including without limitation the Denton County Transportation Authority ("DCTA"). However, this shall not delay the Payment Date. Should funding from another source occur after the Payment Date UNT may retain such funds as reimbursement for its payment of the Local Match. In addition to the Local Match payment UNT shall pay the CITY $75,000 no later than August 2, 2004 which will be used by the CITY for the initial repairs and maintenance to make the Additional Buses ready to be placed in service. Should the CITY subsequently sell the Additional Buses UNT will be reimbursed any revenues generated by such sale. ARTICLE THREE 3.0 Under the Transit Agreement with the City, McDonald and City ("LINK") shall provide bus transportation services to UNT that meet the following requirements: a. A total of 38,526 annual revenue hours will be provided UNT for scheduled fixed route services at a cost of $32.17 per revenue hour, for a total of $1,239,381 shall be paid to LINK by UNT. Additional revenue hours may be added or deleted with reasonable written notice to City and McDonald as long as the total does not exceed 25% of the original annual revenue hour total. In addition to the monthly amount due per revenue hour, UNT shall reimburse to the CITY the actual fuel costs for the services provided under this Agreement. Such fuel costs will be invoiced to UNT on a trailing month basis for the cost of fuel used for service during the prior month. b. An indeterminate number of revenue hours shall be provided UNT for prearranged summer charter service at the same rate as outlined in 3.0 b above . All such scheduled hours will be added or deleted with reasonable notice to City and McDonald. The summer bus service in effect under the Existing Interlocal Agreement will be maintained until August 20, 2004. C. Fall and spring circulator service will consist of seven day routes and one night route as more particularly described in Exhibit `B" attached hereto and made a part hereof by reference. Day service hours will be 7:15 a.m. until 10:30 p.m. Monday through Friday. Night service will consist of one route Sunday through Thursday operating 5:30 p.m. until 2:30 a.m. Fall and spring service will be based on a 77 day fall semester and a 79 day spring semester. There will be no service during UNT holidays, Saturdays, spring break or during spring mini- mester. Page 2 C:\Documents and Settingstrbabbit Local Settings\Temporary Internet Fi1es\OLK43A\UNT-Bus Services-2004-05(5-26-04).DOC d. Summer service will consist of two campus routes operating from 7:30 a.m. until 5:30 p.m. Monday through Thursday utilizing three vehicles. Summer service will be based on a 49 day semester and as provided in Exhibit `B". e. Express Route service will consist of three routes operating from 7:15 a.m. until 10:30 p.m. Monday through Thursday utilizing three vehicles. Express Route will only be offered during the fall and spring semesters and not during the summer service or mini-mester and as provided in Exhibit `B". f. Occasional charter and special event service limited to official UNT sponsored events may be provided on an equipment availability basis. A minimum of 48 hour notice must be provided to Link to provide such service. 3.1 In order to assure the delivery of transit service in a quality manner, consistent with the objectives of UNT and LINK, the following performance guidelines will be adhered to. These performance guidelines will be reviewed periodically throughout the term of this Agreement and are subject to revision by mutual agreement of the parties. a. The LINK service will have a 90% on time efficiency. An on time trip is one that is 0 minutes early and no more than 5 minutes late. b. The LINK service will have no more than 5% missed trips. A missed trip is one that is not completed in its entirety or is more than 15 minutes late. C. All complaints will be acted upon within 24 hours of receipt by LINK. UNT will take the complaint calls from the customer and transmit them to LINK. LINK will contact the customer within 24 hours of receipt by it of the complaint and submit the record of disposition to UNT within 48 hours of receipt. d. LINK will maintain, and provide UNT upon request, a report of all accidents associated with the Link service under this Agreement. A vehicle accident rate of four or less accidents per 100,000 miles of service will be maintained by LINK. An accident is defined as any event involving LINK service under this Agreement causing $1,000 or more in personal injury or property damage. e. LINK will provide adequate preventative maintenance of vehicles under this Agreement, which will include the completion of all scheduled maintenance inspections within 700 miles, before or after, the scheduled time for maintenance. ARTICLE FOUR LINK shall furnish all bus operators, dispatchers, supervisors, administrative personnel and other personnel needed to provide the transit services provided for in this Page 3 C'.\Documents and Settings\rbabbitt\Local Settings\Temporary Internet Fi1es\0LK43A\UNT-Bus Services-2004-05(5-26-04).DOC Agreement, except for mechanics which will be provided by the City. All bus operators shall be trained to operate a safe reliable service. All background checks will be conducted by Link in accordance with current policy in place for Link system drivers. Bus operators will be uniformed and present themselves in a professional and courteous manner at all times. ARTICLE FIVE 5.0 UNT has provided and will continue to provide to LINK one (1) 2001 Goshen 27 passenger air-conditioned bus and eleven (11) 2003 and one 2001 Goshen 27 passenger air-conditioned lift equipped buses. LINK reserves the right to substitute vehicles on an as needed basis without jeopardizing LINK fixed route service levels. Each vehicle will be equipped by LINK with a two-way communication system. 5.1 Each vehicle placed in service will be clean, generally free of body damage, and have all safety items fully operational. 5.2 LINK will be responsible for maintenance of all vehicles as provided in the Transit Agreement, including tires, in such manner as to keep the vehicles in the same operating conditions and appearance in which they are received, subject to reasonable wear and tear based on the mileage and age. This maintenance includes all routine maintenance (based on manufacturer's recommendations), heavy repair, and running repairs necessary to keep UNT furnished with vehicles in a safe reliable and well -maintained condition. 5.3 UNT Police, Parking and Transportation personnel will have immediate and unrestricted access to all vehicles and all maintenance records during planned or unannounced visits. On any such visit, all UNT personnel will be required to check in with the LINK General Manager or his designee who may require that such LINT personnel be escorted. 5.4 All vehicle fuel and fueling will be provided by LINK. ARTICLE SIX UNT will be named as an additional insured in all liability insurance policies provided under the Transit Agreement and as a loss payee for physical damage for all vehicles provided by UNT. UNT shall be entitled to a copy of the certificate of insurance evidencing this fact and City will notify UNT promptly of any changes regarding insurance. City will also provide a waiver of subrogation to UNT for all claims involving a loss for UNT under these insurance policies. McDonald shall be responsible for the payment of all deductibles for such insurance. Should any of the Additional Buses be damaged or totaled by the insurance company the City will apply the insurance proceeds toward the repair or replacement of the Additional Buses Page 4 C:\Documents and Settings\rbabbitt\Local Settings\Tempormy Internet Files\0LK43A\UNT-Bus Services-2004-05(5-26-04).DOC ARTICLE SEVEN 7.0 Fees paid by UNT shall be calculated based on the revenue hours at the rate as provided in Article Three. On or about the first day of September 2004 and each successive month thereafter under this Agreement, LINK shall invoice UNT for the previous month's revenue hours, cost of fuel; including, any adjustment from an increase or decrease in the prior month's actual service level. UNT shall pay all invoices to LINK within 30 days of the receipt and approval of the monthly invoice at the University's approved billing address, P.O. Box 310499, Denton, Texas 76203. 7.1 At all reasonable times LINT shall be entitled to audit the records of LINK to determine that the fees are correct. However, in no event shall this provision permit UNT to withhold payment of the fees. If it is found that UNT was overcharged UNT shall be entitled to receive the amount of overcharge with interest at the maximum rate allowable by law. ARTICLE EIGHT 8.0 This Agreement represents the entire and integrated agreement between City and UNT and supersedes all prior negotiations, representations and/or agreements, either written or oral pertaining to bus services provided to UNT by LINK. This Agreement represents an amendment of the Transit Agreement between the City and McDonald and supercedes the Transit Agreement only to the extent of a conflict. The Transit Agreement will remain in full force and effect except as amended herein. This Agreement may be amended only by written instrument signed by all parties. 8.1 It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. ARTICLE NINE The Director of Police, Parking & Transportation for UNT and the Assistant City Manager for Public Safety and Transportation Operations for City may enter into memorandums of understanding to adjust/modify/create appropriate bus routes, stop locations, hours of service, operating policies, etc. Such delegation does not include the setting or adjustment of the hourly revenue rate. Page 5 C:\Documents and Settings\rbabbitt\Local Settings\Temporary Internet Files\OLK43AWNT-Bus Services-2004-05(5-26-04).DOC ARTICLE TEN Chapter 2260 of the Texas Government Code establishes a dispute resolution process for contracts involving goods, services and certain types of projects. The parties must use the statutory dispute resolution process to attempt to resolve disputes arising under this Agreement. ARTICLE ELEVEN Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery; or shall be sent by registered mail or certified mail; or shall be sent by U.S. Mail, return receipt request, postage prepaid; or by facsimile to: CITY: Jon Fortune, Assistant City Manager Public Safety and Transportation Operations City of Denton 215 East McKinney Street Denton, Texas 76201 Fax No. 940.349.8596 UNT: Richard Deter, Director Police, Parking and Transportation University of North Texas P.O. Box 310948 Denton, Texas 76203-0948 Fax No. 940-369-8788 MCDONALD: Robert T. Babbitt, President McDonald Transit Associates, Inc. 4500 Mercantile Plaza Drive, Suite 307 Fort Worth, Texas 76137 Fax No. 817.232.9560 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other evidence of receipt. Signed as of the Effective Date as provided above. Page 6 CADocuments and Settings\rbabbitt\Local Settings\Temporary Intemet Fi1es\0LK43A\UNT-Bus Services-2004-05(5-26-04).DOC CITY OF DENTON, TEXAS B ._ MICHAEL A CONDU CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO FORM: Q ATTEST: By: APPROVED AS TO LEGAL F . ASSISTANT GENERAL COUNSEL By: THE UNIVERSITY OF NORTH TEXAS By: r 04, -- AFerva�-Pehi P �.. � �-, ebel Pi!?9i�iii Y4 F:�..a�cC k S�s.�e ss MCDONALD TRANSIT ASSOCIATES, INC. Rw Page 7 T. 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