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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.