2005-152
s:\ouc Documcnts\Ocdinanccs\O5\VCR Omnt Ocdinancc.doc
ORDINANCE NO. ,;, fJ 0/7 - / !JeJ,
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 lnterlocal 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 I. 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:IOu' Documcn¡,\Ocd;nanœsIO5\VCR Omnt O,d;nan".doc
PASSED AND APPROVED this the .2.fiL day of qUAi ./
f (bfL~:1:!
,2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Bvcr11JI,l ß tv, 4"
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
~~
Page 2 of2
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 I, 2004 (herein
referred to as the "INTERLOCAL AGREEMENT"); and
PREAMBLE
WHEREAS, in accord wjth the INTERLOCAL AGREEMENT, the CITY and
AUTHORITY are governmental entities that each have the statutory authority to perform the
scrvices set forth in the INTERLOCAL AGREEMENT, and who desire to Amend the
INTERLOCAL AGREEMENT as set forth in Addendum A, to purchase two EI 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 wjll make all necessary payments herein out of available
current revenues available to the paying party and all payments made by it wjll fairly compensate
the performing party for the semees provided herein; and
WHEREAS, the CITY has received or expects to receive a Vehicle Capital Replacement
Grant ("VCR") under those eertain State/Local Urban Public Transportation Agreements dated
July 26, 2004 and September 30, 2004 (hereinafter referred to as "grant agreements") wjth 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:
77"'.IISPJlIJI44IO100lOS260S
"5.2.18 Provide necessary office space, offiee funriture, equipment, materials,
fuels, supplies, rolling stoek, bus maintenance and storage facilities, fueling
station and fueling attendant, eomputer hardware and software, radios, person-to-
person communication devices (Nextel Phones), fare colleetion equipment, fleet
maintenance equipment, and other necessary and appropriate equipment which
may be required to provide the LINK semce. 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 Semce.
If additional equipment, including buses, are required to provide the LINK
Semce, 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 purehase is
approved, the budget wjll 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 herebv 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 wjll be made in accordance with
all applicable laws including the AUTHORITY's purchasing policv.
The CITY and the AUTHORITY agree that the solicitation and award of bids for
the demand response vehicles has been performed in accordance wjth all
applicable laws. including all Federal Transit Administration (FTA) and TxDOT
procurement guidelines. Uuon award of the bids and the entrance into an
auulicable contract or uurchase order for the new demand resoonse vehicles bv
the CITY and the receiut of an invoice ITom the low bidder. the CITY wjll invoice
the AUTHORITY for the full cost of the demand resuonse vehicles. The
AUTHORITY will then remit payment to the low bidder and invoice the CITY
for the VCR grant uortion of the demand response vehicle uurchase. Uuon receiut
of the demand response vehicles from the low bidder. and the verification that the
AUTIIORITY has paid the full uurchase urice for the vehicles. the CITY wjll
timelv submit an invoice to TxDOT for reimbursement of the VCR grant funds.
Uuon receipt of the VCR grant funds from TxDOT. the CITY will remit the full
amount of the VCR grant funds received to the AUTHORITY immediatelv after
TxDOT approves this transaction in aceordance wjth the grant agreements. The
CITY's remittance shall not exceed the amount uaid for the demand response
vehicles bv the AUTHORITY. The AUTHORITY agrees that the CITY wjll
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 iointlv uetition the FTA and TxDOT to allow the transfer of
title to the AUTHORITY. Subject to auuroval bv both TxDOT and the ITA of
the transfer of title and all other aspects of this transaction in accordance wjth the
Page 2 of 4
m"6.11SPJ1t"44/D100lOS260S
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 bc
amended to reflect this amendment and wjll be attached to this Addendum A to
the INTERLOCAL AGREEMENT and become a part of same as if incorporated
herein bv 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 purehase of necessary additional equipment and supplies
as provided for in Seetion ~ 5.2.18."
SECTION 3. That save and except as amended hereby, all the other terms and conditions
eontained 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 INTERLOCAL AGREEMENT to be executed in two (2) original
cowIterparts, by its duly-authorized and empowered Mayor and the Denton County
Transportation Authority has caused this Agreem~ be executed ~ duly-authorized and
empowered officer to be effective as of the '7 day of 'Æ./ll!,/ ,
2005.
CITY OF DENTON, TEXAS
fY:
EUL
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
./ IJßl#A <V
Byf}øi'
Page 3 of 4
778556.IISP3/1)144/01001052605
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY 9(¿¡fJdj ad!
A~~, ~
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APPROVED AS TO LEGAL FORM:
RIDER SCOTT, GENERAL COUNSEL
BY:
~
778556.1I5PJ/] 31441<)1001052605
DENTON COUNTY TRANSIT
AUTHORITY
BY'~
. C ES Y, clitAIRMAN
/
Page 4 of 4
Exhibit B
Ooerations BudGet
Admin! Total
Type of Service Overhead Operations Maintenance Fuel Operations
LINK $64,750 $761,950 $211,496 $92,736 $1,130,932
ADA $21,430 $192,275 $52,874 $23,184 $289,763
¡¡:Ò.täl¡mN~i1t}»~f!n~~ )tf1iW:...i!'."J't#j.$86i~.80 ~gJ!,~~~~'!,;$95"j225. ~~¡ŸiÍ'ltí$26";3'l0, \¡'i1¡;t¡(>E;[~$1:15:Q20 ¡(~fii}J'!;<1$~;'420;695
UNT Shuttle $935,993 $303,512 $168,287 $1,407,792
;¡:Õ:tãli!:\êìjic'ês~;f'¡f'¡~ it?g¡.;m:.?~\~;$86;'~80 l,¡\ít;;;¡'1\~\$1~89'O;11.8 ~f!,~'fi¡i.'i'ii$5_6.7;~882 IW.:JJ1i'jê'¡i)!,$28<1}207, ~~J~'(¡'.;;\'$2¡828:'48.7,
Capital Budget
Federal Share
Local Share
Total Cost
Two Replacement
Vehicles
$106,800
$26,700
$133,500