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HomeMy WebLinkAbout2001-100FILE REFERENCE FORM 2001-100 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES) gate annals Amended and su erceded by Ordinance No. 2002-252 08/20/02 )R S �Om OacumanY`OAlpeoaM01WMK UM LYry Con4uxGac AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, SPAN, INC AND THE UNIVERSITY OF NORTH TEXAS ('UNT') 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") has requested that the City and Span, Inc provide to its students, staff and faculty motor carrier passenger service based on an annual fee, and WHEREAS, the City Council finds that such service is in the public interest, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor, or in her absence the Mayor ProTem, is hereby authorized to execute an hiterlocal Agreement between the City of Denton, Span, Inc and UNT to provide for motor carrier passenger service for UNT students, staff, and faculty, in substantially the form of the copy of the agreement which is attached hereto and incorporated by reference herein SECTION 2 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of / /f4 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L Y, CI ATTI BY 5 \Out O umeSWci ncuWMUNT uK Service tloc INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into this 6th day of March, 2001, by and between the CITY OF DENTON, a Texas municipal corporation, hereinafter referred to as CITY, SPAN, INC , a Texas non-profit corporation and a political subdivision of the State of Texas, hereinafter called the "AGENCY" and UNIVERSITY OF NORTH TEXAS, a Texas State University, hereinafter referred to as UNT WHEREAS, the AGENCY provides to the CITY mass transportation passenger motor carrier service on fixed routes pursuant to that certain agreement dated June 20, 2000 within the city limits of the CITY (the "Transit Agreement") under the name "LINK", and WHEREAS, UNT desires to enter into an agreement with the AGENCY and the CITY to provide for passenger motor carrier service for its students, staff and faculty, NOW, THEREFORE, CITY, AGENCY and UNT, in consideration of the mutual covenants hereinafter expressed, agree as follows ARTICLE ONE 10 UNT agrees to pay the CITY an annual fee provided in Section 1 1 below to allow for UNT student, staff and faculty ridership In exchange, the AGENCY and CITY shall permit all UNT students, staff and faculty to ride on the AGENCY'S system as outlined on the most current system map, on an unlimited basis by displaying a valid UNT student, staff or faculty identification to the AGENCY's bus drivers upon entering a bus The current system map shall include at a minimum, the bus stops on UNT campus shown on Exhibit "A" attached hereto and made a part hereof by reference 1 1 The term of this agreement shall be for three years commencing on August 15, 2001 and ending on August 14, 2004 The first annual fee shall be in the sum of $6,000 00 due and payable in two equal installments no later than October 15, 2001 and February 15, 2002 The second annual fee shall be in the sum of $8,000 00 due and payable in two equal installments no later than October 15, 2002 and February 15, 2003 The third annual fee shall be in the sum of $10,000 00 due and payable in two equal installments no later than October 15, 2003 and February 15, 2004 Notwithstanding the foregoing, each annual fee is subject to an adjustment as follows Within 60 days after each annual fee is paid either the CITY or UNT may require an adjustment if the actual ridership (based on 75 cents for each one way trip) yields an annual amount that is either 25% greater or 25% lower than the fixed annual fee In the event that the actual ridership yields an amount greater than 25% of the fixed annual fee than UNT shall pay the CITY within 30 days of being notified, an amount equal to 75 cents times each one way trip above the fixed annual fee In the event that the actual ridership yields an amount lower than 25% of the fixed annual fee than the CITY shall refund UNT within 30 days of being notified, an amount equal to 75 cents times each one way trip below the fixed annual fee 12 At all reasonable times UNT shall be entitled to audit the records of the AGENCY and CITY to ascertain that the annual fee has been properly calculated However, in no event shall this provision permit UNT to withhold payment of the annual fee If after an audit UNT is able to prove that the fee has been miscalculated, then it shall be entitled to a refund of such excess fee, without interest ARTICLE TWO 20 The Transit Agreement is hereby amended by the CITY and the AGENCY so as to make its terms consistent with this agreement 21 This agreement shall remain in effect during the term of the Transit Agreement and any renewals thereof and shall expire when the Transit Agreement expires or is terminated In the event the Transit Agreement expires or is terminated during a contract year, and the CITY does not provide similar motor carver passenger services to UNT, the CITY agrees to refund to UNT a portion of the annual fee attributable to that portion of the contract year for which such motor carrier passenger services were not provided Notwithstanding anything contained herein to the contrary, any party to this agreement may terminate this agreement with or without cause by giving the other parties written notice of such termmation at least 30 days prior to the expiration of a contract year, which termination shall become effective at the end of such contract year ARTICLE THREE 30 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, and supercedes all provisions in the Transit Agreement to the extent of conflict This agreement may be amended only by written instrument signed by both parties 3 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 Signed this � � day of �/ 2001 UNIVERSITY OF NORTH TEXAS CITY OF DENTON By &414-e- Aoc�— Euline Brock Mayor PAGE ATTEST G. Phillip C IAebel, Vice President for Finance and Business Affairs APPROVED AS TO LEGAL FORM General Counsel ATTEST i . .I. _� ! • r APPROVED AS TO LEGAL FORM Herbert L Prouty, City Attorney By By C ov.v�C Oe, A4. Cen lov je/ SPAN, INC BY PAGE 0