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2004-050AN ORDINANCE OF THE CITY OF DENTON APPROVING A CHANGE ORDER FOR A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND INNOVATIVE TRANSPORTATION SOLUTIONS, INC. DATED MARCH 5, 2002; RETROACTIVELY EXTENDING SAID AGREEMENT, AND AUTHORIZING AND RATIFYING THE EXPENDITURE OF FUNDS FOR WORK PREVIOUSLY PERFORMED; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTIVE THE CHANGE ORDER ON BEHALF OF THE CITY AND EXPEND FUNDS AUTHORIZED BY THE CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 5, 2002 the City entered into a Professional Services Agreement with Innovative Transportation Solutions, Inc. (the "Consultant") to provide transportation consultation services (the "Contract"); and WHEREAS, the change order to the Contract attached hereto and made a part hereof by reference as Exhibit "A" (the "Change Order") is necessary to add an additional task, to retroactively extend the Contract from October 1, 2002 through September 30, 2004, and to authorize and ratify the expenditure of funds previously made; and WHEREAS, the City Council finds that the Change Order serves valid public and municipal purposes and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The Change Order is approved retroactively extending the Contract fi.om October 1, 2002 through September 30, 2004. The City Manager, or his designee, is hereby authorized to execute the Change Order on behalf of the City and to make the expenditure of funds provided for by the Change Order. All prior payments made to the Consultant and all pending invoices totaling $117,000.00 as provided for in the Change Order are authorized and ratified. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~/~ day of ~'~ ~(,~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR~D)qED AS TO LEGAL FORM: BY: '~ '~'J (~ 2-ORD-PSA 2789 Page 2 WORK DIRECTIVE CHANGE NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC. PSA2789 APPROVED BY ORDINANCE 2002-062 ON MARCH 5, 2002 / This Work Directive Change (WDC) is made this ~ Day of March, 2004, between the City of Denton ("City") and Innovative Transportation Solutions, Inc. ("Consultant") to the above referenced Agreement (the "Contract") in the following respects: WORK DIRECTIVE CHANGE DESCRIPTION: Owner and Consultant acknowledge the following addition, deletion, or revision in the Scope of Work to be performed: The Contract originally was effective through September 30, 2002 and authorized a maximum expenditure of $70,000.00. However, the City continued to use the services of the Consultant after that date for a total expenditure to date in the amount of $157,000.00 for invoices through November, 2003, with additional invoices from the Consultant through February, 2004 in the amount of $30,000.00, for a total amount through the effective date of this WDC of $187,000.00 or $117,000.00 above the amount authorized by the Contract. This WDC also authorizes the payment of $117,000.00 for services rendered and ratifies all payments previously made and retroactively extends the Contract from October 1, 2002 through September 30, 2004. In addition, the Scope of Services, included as Exhibit A to the Contract, are revised to include an additional Task 10. Task 10 will include the requirement for Innovative Transportation Services, Inc. to provide staff and logistical support to our Regional Mobility effort in the amount of approximately eighty man-hours per month for no additional monthly compensation. The total expenditures under the Contract as amended by this WDC will not exceed $70,000.00 for services performed from Mamh 1,2004 through September 30, 2004. Owner hereby directs the Consultant to proceed as follows: Effective March 1, 2004 the Consultant will initiate the referenced support of our Regional Mobility Coordinator. The parties to the Contract formalize this WDC as Change Order One that changes the Scope of Work. It extends the term of the Contract through September 30, 2004. In all other respects, the Contract remains the same. BY; Michael A. Conduff City Manager . . / Date Page 1 ATTEST: JENNIFER WALTERS, CiTY SECRETARY APPROVED AS FORM: H ERBERT~/~, ~TORNEY BY: ~' ~'~ ~'"--~"~ ~t~'~ INNO~ ~ ~al~~~~ IONS, INC. Date: Page 2