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2003-329FILE REFERENCE FORM I 2003-329 I Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended by Ordinance No. 2004-230 08/17/04 ORDINANCE NO. ~;~ ~3~q~ tS/ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS TO PROVIDE FOR OFF-CAMPUS MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the University of North Texas ("UNT") has requested that the City extend the existing off-campus bus service for an additional year to provide to its students, staff and faculty motor cartier passenger service based on an annual fee; and WHEREAS, the City Council finds that such service is in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Mayor, or in her absence the Mayor ProTem, is hereby authorized to execute an Interlocal Agreement between the City of Denton and UNT to provide for off-campus motor carrier passenger service for UNT students, staff, and faculty, in substantially the form of the copy of the agreement which is attached hereto and incorporated by reference herein. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 7~-~ dayof _/~'~ ,2003. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERB~T~CITY ATTORNEY BY: 'tx.~/ /~ C:\WINDOWS\TEMP\3-AGR UNT lnterloca104.DOC INTERLOCAL AGREEMENT THiS AGREEMENT is made and entered into to be effective as of the 15th day of August, 2003, by and between the CITY OF DENTON, a Texas municipal corporation, hereinafter referred to as CITY and UNIVERSITY OF NORTH TEXAS, a Texas State University, hereinafter referred to as UNT. WHEREAS, the CITY provides mass transportation passenger motor carrier service within the city limits of the CITY under the name "LINK"; and WHEREAS, the CITY and UNT entered into that certain Interlocal Agreement dated August 20, 2002 to provide for off-campus passenger motor carrier service for its students, staff and faculty (the "Existing Agreement"); WHEREAS, the CITY, McDonald Transit and UNT entered into an Interlocal Agreement on July 16, 2003 to provide for on-campus passenger motor carrier service for its students, staff and faculty (the "On-Campus Agreement") which provides for services in addition to the Existing Agreement; and WHEREAS, the CITY and UNT desire to amend and extend the Existing Agreement for a third year under the terms and conditions contained herein; 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 Interlocal Agreement is in the public interest; NOW, THEREFORE, CITY and UNT, in consideration of the mutual covenants hereinafter expressed, agree as follows: ARTICLE ONE 1.0 This agreement amends and extends the Existing Agreement to be effective as of August 15, 2003 through August 14, 2004 (the "Third Year"). UNT agrees to pay the CITY an annual fee for off-campus UNT student, staff and faculty rldership in the sum of $25,996.00 for the Third Year (the "Third Year Fee"). The Third Year Fee shall be due and payable to the CITY in two equal annual installments no later than October 15, 2003 and February 15, 2004. In exchange, the CITY shall permit all UNT students, staff and faculty to ride on the LINK system as outlined on the most current system map, on an unlimited basis by displaying a valid UNT student, staff or faculty identification to the LINK's bus drivers upon entering a bus. 1.2 At all reasonable times UNT shall be entitled to audit the records of the CITY. However, in no event shall this provision permit UNT to withhold payment of the annual fee. ARTICLE TWO 2.0 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. This agreement may be amended only by written instrument signed by both parties. This agreement is separate and apart from the On-Campus Agreement. 2.1 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. Signed this .~ day of ~~ 2003. UNIVERSITY OF NORTH TEXAS Phillip C. Diebel Vice President for Finance and Business Affairs CITY OF DENTON Euline Brock Mayor ATTEST: A'I'I'EST: (~ty S~cr~ry, City of Denton APPROVED AS TO LEGAL FORM Director of Contracts Administration By: ~~e, APPROVED AS TO LEGAL FORM Herbert L. Prouty, City Attorney By: ~ PAGE2