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2004-287S:\Our Documents\Ordinances\04~lnterlocal-UNT-Bus Service 2004-05-1 st amendment,doc OROIN CE NO. dP4d--, 7 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT OF THE INTERLOCAL AGREEMENT DATED EFFECTIVE AUGUST 1, 2004 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, on August 1, 2004 the City, UNT and McDonald entered into that certain Interlocal Agreement to provide to UNT bus service through August 20, 2005 (the "Existing Agreement"); and WHEREAS, the City, UNT and McDonald desire to enter into an amendment to the Existing Agreement to amend Section 2.1 to increase the amount of the make ready costs for the 15 Additional Buses in substantially the same form as the Amendment to Interlocal Agreement attached hereto and made a part hereof by reference (the "Amendment"); and WHEREAS, the City Council finds that the Amendment 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 tiffs ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Amendment on behalf of the City and to exercise the City's rights and duties under the Amendment. SECTION 3. approval. PASSED AND APPROVED this the EULINE BROCK, MAYOR This ordinance shall become effective immediately upon its passage and ,2004. ATTEST: JEI~ER WALTE.RSCITY SECRETARY APPROVED AS TO~ LEGAL FQ?kM: HERBERT L. P~FY, CITY~(~TTORNEY Page 2 AMENDMENT OF INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into to be effective as of 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 UNT and McDonald Transit Associates, Inc. a Texas Corporation, hereinafter referred to as McDonald. WHEREAS, on August 1, 2004 the City, UNT and McDonald entered into that certain Interloeal Agreement to provide to LINT bus service through August 20, 2005 (the "Existing Agreement"); and WHEREAS, the City, UNT and McDonald have entered into this agreement (the "Amendment") to amend Section 2.1 of the Existing Agreement to increase the amount of the make ready costs for the 15 Additional Buses; 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 be the same as the Existing Agreement. Section 2.1 of the Existing Agreement is hereby amended to add the following: "Notwithstanding the foregoing, the $75,000 to be paid by UNT for the initial repairs, maintenance and make ready for the Additional Buses is hereby increased to $113,495." All other terms and conditions of the Existing Agreement will remain the same. Signed as of the Effective Date as provided above. CITY OF DENTON, TEXAS MICHAEL A CONDI_41~ CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM: ATTEST: THE UNIVERSITY OF NORTH TEXAS Phillip~Die[~e'] -- ' VP Finance & Business Affairs By: APPROVED AS TO LEGAL FORM: ASSISTANT GENERAL COUNSEL By: MCDONALD~/R~T A~S, INC. PRESIDENT Page 2 C:~g2UME-l~eehoe~OCALS-l\Temp\gwpfint\UNT-Bus Serviees-2004-05-1st Amendment).DOC