Loading...
1986-2291633L NO 26 as AN ORDINANCE AUTHORIZING THE EXECUTION OF AMENDMENT NO 1 TO THE MONITOR AND RESEARCH CONTRACT BETWEEN THE CITY OF DENTON, CITY OF DALLAS AND NORTH TEXAS UNIVERSITY, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is to execute Amendment No 1 Contract between the City of North Texas State University being contained in said amer and made a part hereof hereby authorized and directed to the Monitor and Research Denton, the City of Dallas and under the terms and conditions dment which is attached hereto SECTION II That this ordinance shall become effective immediately upon its passage and approval Tel PASSED AND APPROVED this the ~ day of -,4Mp-~ , 1986 ~ RAY S E HEN , MAYOR CITY F DENTON, TEXAS ATTEST & - d y 4 za ,I - , E - ALLEN, CITY-SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY L&JL am"', 1633L THE STATE OF TEXAS S AMENDMENT NO 1 TO MONITOR AND RESEARCH CONTRACT COUNTY OF DENTON S This agreement is between the CITY OF DALLAS, a municipal corporation of Dallas County, Texas, (hereinafter called "DALLAS"), the CITY OF DENTON, a municipal corporation of Denton County, Texas (hereinafter called "DENTON"), and NORTH TEXAS STATE UNIVERSITY, a non-profit State institution of higher education, having its principal place of business at the Administration Building, North Texas State University, Denton, Texas 76203, (hereinafter called "INVESTIGATOR") The parties hereto entered into an agreement for monitoring and research services on September 3, 1985 A copy of that agreement is attached hereto, marked Exhibit "A" and insofar as it is not inconsistent with the terms hereof, made a part of this agreement The parties desire to, and do hereby modify the agreement in the following respects Section 5 is hereby amended to read as follows Work under this Contract shall commence on or about August 1, 1985 and continue for forty-two (42) months All work shall be completed by January 31, 1989 All services, written reports and other data are to be completed and delivered to DALLAS and DENTON by the stated date unless an extension of time, based upon good reasons presented by INVESTIGATOR, is approved by the Director II Section 6 is hereby amended to read as follows In consideration of the professional services to be performed by the INVESTIGATOR under the terms of this Contract, DALLAS and DENTON shall pay INVESTIGATOR a fee not to exceed $94,533, unless later amended by mutual agreement in writing, approved by the Dallas and Denton City Councils This fee is to be paid to INVESTIGATOR based upon monthly invoices to DALLAS and DENTON showing actual services rendered, consistent with the budget described in Exhibit B Payments to INVESTIGATOR shall be in the amount shown by the billings and other documentation submitted and are subject to the Director's approval All services shall be performed to the satisfaction of the Direc- tor and DALLAS and DENTON shall not be liable for any payment under this Contract for services which are unsatisfactory and which have not been approved by the Director The final pay- ment due hereunder will not be paid until all reports, data and other documents required under this Contract have been received and approved by the Director The costs incurred under this Contract will be shared by DALLAS and DENTON, with Dallas paying 74% of the total fees invoiced (not to exceed $69,954), and DENTON paying 26% of the total fees invoiced (not to exceed $24,579) DALLAS, as administrator of this Contract, shall make payments under this Contract directly to INVESTIGATOR, and DENTON shall reimburse DALLAS monthly for DENTON'S proportionate share of those payments III The number of monitoring stations are to be reduced to eight (8) stations with a sampling frequency of one sample per station per month All other terms, conditions and provisions of the contract between the parties dated September 3, 1985 remain in full force and effect EXECUTED this the day of , 1986 by DALLAS, signing by and through its City Manager, my authorized to execute same by Resolution No _ adopted by the City Council on and by DENTON, signing by and through its City Manager duly authorized to execute same by Ord nance No , adopted by the City Council on , an y INVESTIGATOR, NORTH TEXAS STATE UNI , t roug its duly authorized officials APPROVED AS TO FORM ANALESLIE MUNCY, CITY ATTORNEY BY ASSISTANT CITY AT APPROVED AS TO FORM DEBRA ADAMI DRAYOVITCH CITY ATTORNEY CITY OF DALLAS CITY MANAGER BY ASSISTANT CITY M R CITY OF DENTON CITY MANAGER BY l BY INVESTIGATOR NORTH TEXAS STATE UNIVERSITY BY DR DAVID E GOLDEN, PROVOST PAGE 2