2002-364
FILE REFERENCE FORM
2002-364
FILE(S) Date Initials
Amended by Ordinance No. 2003-220 07115/03 JR
Amended by Ordinance No. 2003-328 10/07/03 JR
Amended by Ordinance No. 2004-178 06/15/04 JR
S:/legal/outdocumen~s/02/ordinance/UNTe×presspassengerinteflocal.doc
O ANCE NO.
AN ORDINANCE AUTHORIZING TIlE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH
TEXAS ("UNT") TO PROVIDE FOR THE PURCHASE AND RESTORATION OF BUSES TO
PROVIDE EXPRESS PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND
FACULTY; ANDPROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the University of North Texas ("UNT') has requested that the City provide for
an express passenger shuttle service for students, staff and faculty; and
WHEREAS, the University of North Texas ("LINT") will provide the funds to purchase and
restore a minimum of six used buses to start this express passenger service, 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 the purchase
and restoration of buses to provide express passenger shuttle services 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 :~. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~'5--L/'~ day of ~/~/fi~//L// ,2002.
ATTEST:
JENNIFER W .ALTERS~CIIY ~TARY
S:/legal/outdocuments/02/ordinance/UbITexpresspassengerinterloeal.doe
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
2
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into to be effective the ~')~ day of
~te2r00re2'febr~Ye~nfdo baset~eelT~tha~edC1TUbYI OVEFR sDiE~i y1yI~FN'~oTi~XaTI~ mTl~nix~isP, ala c~2~atsif~
University, hereinafter referred to as LINT.
WHEREAS, the CITY contracts for the provision of mass transportation
passenger motor carrier service within the city limits of the CITY under the name
"LINK"; and
WHEREAS, LINT has determined that a express passenger bus system is needed
to provide needed transportation for certain students living near the university; 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
UNT shall provide funds to the CITY for the purchase and restoration of six used
buses to start the express passenger shuttle service from Jefferson
Commons/Pace's Crossing. UNT shall provide up to $13,800:00 for the pumhase
of six used buses and a sum not to exceed $15,000 to restore these buses for
express passenger services. The restoration shall pertain to interior improvements
and miscellaneous interior and exterior markings. LINT shall provide for painting
of the exterior of the buses. The buses shall be purchased from the Fort Worth
Transportation Authority and are 1987 Flxible Metro 35' by 96" buses. The
service is contingent upon their purchase and restoration and this agreement shall
terminate if the purchase and restoration of buses is not accomplished. UNT shall
be invoiced for the purchase and restoration and shall pay the billing within 30
days of receipt and approval of invoice. In exchange, the CITY shall provide an
express passenger shuttle bus service for all UNT students, staff, faculty and other
passengers as outlined in Exhibit "A", which is attached and incorporated by
reference, on an unlimited basis. The service shall provide the routes shown on
Exhibit "B" attached hereto and made a part hereof by reference. The CITY and
UNT designate and authorize the Assistant City Manager for Public Safety and
Transportation Operations and the UNT Director of Police, Parking &
Transportation Services to make changes to the routes and times of operations, as
long as any increase in services does not exceed 20% of the gross revenues due
UNT Express Passenger Service Agreement page 1
1.1
1.2
1.3
2.0
2.1
3.0
and payable for each service period as indicated in clause 1.1 below. Any
changes must be in writing and agreed to by both representatives.
The term for the express passenger agreement shall commence on January 1, 2003
and end on August 31, 2005. UNT shall pay fees for January 1, 2003 through
August 31, 2003 based upon a 79~day semester with 40 revenue hours of service
per day at a charge of $37.56 for each revenue hour of service. For the period of
September 1, 2003 through August 31, 2004, UNT shall pay fees based upon two
79-day semesters (Fall and Spring) with 40 revenue hours of service per day at a
charge of $37.56 for each revenue hour of service. For the period September 1,
2004 through August 31, 2005 UNT shall pay fees based upon two 79-day
semesters (Fall and Spring) with 40 revenue hours of service per day at a charge
of $38.83 ($37.56 plus a 3.37% escalation) for each revenue hour of service.
The fees shall be paid to the City of Denton Public Transportation Office based
upon a monthly billing. UNT shall pay said fees within 30 days of receipt and
approval of the billing.
At all reasonable times UNT shall be entitled to audit the records of the City 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 LINT was
ovemharged UNT shall be entitled to receive the amount of overcharge with
interest.
CITY shall provide that as to the services provided by this Agreement that UNT
be named as an additional insured upon the insurance policy of the contracted
carder and operator of the bus services. UNT shall be entitled to a copy of the
Certificate of Insurance upon request.
ARTICLE TWO
This agreement and UNT's Pumhase Order 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.
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
enfomed as if the contract did not contain the particular part, term, or provision
held to be invalid.
ARTICLE THREE
This Notwithstanding anything contained herein to the contrary, any party to this
agreement may terminate this agreement with or without cause by giving the other
UNT Express Passenger Service Agreement page 2
parties written notice of such termination at least 30 days prior to the expiration of
any fee period listed in paragraph 1.1 above, which termination shall become
effective at the end of such fee period.
3.1
This agreement is in addition to the transit agreement between the CITY and LINT
allowing students, staff, and faculty, to ride LINK buses.
3.2
Chapter 2260 of the Texas Government Code establishes a dispute resolution
process for contracts involving goods, services and certain types of projects. If
Chapter 2260 applies to this Agreement, the parties must use the statutory dispute
resolution process to attempt to resolve disputes arising under this Agreement.
Signed this c0--~--'-~ day of Lff/]7~/2b~L// ,2002.
UNIVERSITY OF NORTH TEXAS
~i;hear£~aRna¢¢]:or & GeZ Counsel
Vice President for Administration
ATTEST:
ATTEST:
K~I~Iood~
Administrative Assistant
University of North Texas
APPROVED AS TO LEGAL FORM
By: ~Counsel
APPROVED AS TO LEGAL
FORM
Herbert L. Prouty
City Attorney
LINT Express Passenger Service Agreement page 3
3.
4.
5.
Exhibit "A"
UNT Off Campus Express Passenger Shuttle Service
Days of Service shall normally be Monday through Friday excluding holidays,
school offdays and summer semesters.
Time of service shall be approximately from 7 a.m. to 7 p.m.
Approximately 40 revenue hours of service per day.
Approximately 79 day semester is anticipated.
Fixed route to and from Jefferson Commons based on 20 minute shuttle
service.
Fixed route to and from Pace's Crossings based on 15 minute shuttle service.
Revenue hours are hours vehicle travels in revenue service. Vehicle revenue
hours/miles includes layover/recovery but excludes travel to and from storage
facilities, training operators prior to revenue service, road test and deadhead
travel.
Revenue Service occurs only when the vehicle is available to passengers and
there is a reasonable expectation of carrying passengers that either directly
pay fares, are subsidized by public policy, or provide payment through some
contractual arrangement. This does not imply that a cash fare must be paid.
Vehicles operated in flee fare services are considered in revenue service.