2004-178
2004-178
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Amended by Ordinance No. 2004-287 09/21104 JR
S:\Our Documents\Ordinanees\04kInterlocal-UNT-Bus Service 2004-05.doc
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 TRANS1T 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 LINT
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 cartier
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 lnterlocal 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
lnterlocal Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /CQ'~ day of ~./ff~,~. , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS,~CITY SECRETARY
~ ~
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INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into to be effective the 1st 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 LINT 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
Intedocal 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
2.0This 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 mount 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 LINT 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.
3.0
ARTICLE THREE
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 Interloeal
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.
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d. Summer service will consist of two campus routes operating from 7:30
a.m. antil 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 L1NK.
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 I00,000 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
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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 UNT 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 LINT 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
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7.0
7.1
8.0
8.1
ARTICLE SEVEN
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 LINT 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.
At all reasonable times UNT 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
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.
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/rrlodify/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.
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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 Fomme, Assistant City Manager
Public Safety and Transportation Operations
City of Denton
215 East McKiuney Street
Denton, Texas 76201
Fax No. 940.349.8596
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.
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CITY OF DENTON, TEXAS
MICHAEL A CONDU~I~I
CITY MANAGER
ATTEST:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO FORM:
HERBE~~TTORNEY
BY: "- "-'~' /~
THE UNIVERSITY OF NORTH TEXAS
By:
Nc, real Pc, hlt'k.-,\
Prcaldcnt ~tX' r4~.~-.~e ~,
APPROVED AS TO LEGAL FC~:
ASSISTANT GENERAL COUNSEL
By:
BMyCfO~~'
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Route #8 - Eagle Point
Service to Victory Hall
20 minute route time including lay over
3 buses in AM for 7 minute frequency 0715-1230
2 buses after 12:30 for 10minute frequency
1st bus departs Victory Hall @ 0615
Becomes part of Night Rider Route after 5:30
Oak
Stella
Prairie
Highland
Eagle Dr~ve
INORTH IEXAS
GAB
West Hall
Victory Hall
Student Rec Center
Route 9 - West Congress
15 minute route time including layover
2 buses in AM for 8 minute Frequency
1 bus after 12:30 for 15 minute frequency
1 st bus departs Congress @ 07:15
End time 22:30
University Union
Bryan&Congress
Egan & Fulton
Grace Temple Ave.
Welch & Scripture