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2002-399OP, OINANCE NO. AN ORDINANCE APPROVING AN AMENDMENT TO A PASSENGER MOTOR CARRIER TRANSIT AGREEMENT BETWEEN THE CITY OF DENTON AND MCDONALD TRANSIT ASSOCIATES, INC. DATED APRIL 16, 2002 TO PROVIDE AN EXPRESS SHUTTLE SERVICE FOR THE UNIVERSITY OF NORTH TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton and McDonald Transit Associates, Inc. ("McDonald") have entered into that certain Agreement dated April 16, 2002 to Provide Passenger Motor Transit Services (the "Transit Agreement"); and WHEREAS, the City and McDonald desire to amend the Transit Agreement to provide for an express passenger shuttle service for the University of North Texas as particularly described in the Amendment 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, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated into the body of this ordinance as if fully set forth herein. SECTION 2. The Amendment is hereby approved. The City Manager or his designee, is authorized to sign the Amendment on behalf of the City of Denton. SECTION 3. The City Manager, or his designee, is authorized to expend funds provided for in the Amendment and to exercise the City's rights and obligations thereunder. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ dayof ~/~c~,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: - ~'"~'~~ AMENDMENT TO AGREEMENT TO PROVIDE SERVICES FOR PASSENGER MOTOR CARRIER TRANSIT SYSTEM WITH MCDONALD TRANSIT ASSOCIATES, INC. THIS AGREEMENT is made as of the date set forth below by and between the City of Denton (the "City") and McDonald Transit Associates, Inc. a Texas Corporation (hereinafter referred to as "Company"). WHEREAS, on April 16, 2002 the City and the Company entered into that certain Agreement to Provide Services for Passenger Motor Carrier Transit System (the "Contract") which provided for the operation of a Passenger Motor Carder Transit System for the City of Denton, Texas; and WHEREAS, the University of North Texas and the City of Denton have entered into an Interlocal Agreement dated November 5, 2002 wherein the City is to provide express passenger shuttle system for university students at certain locations (the "LINT Agreement"); and WHEREAS, the City of Denton and the Company are agreeable to provide such express passenger shuttle system under the LTNT Agreement; and WHEREAS, the parties desire to amend the Contract to reflect the changes necessitated by providing such service; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,, the parties hereby agree as follows: follows: Section IV, A of the Contract is amended in its entirety to read as A. Providing transportation within the designated operating limits during the hours of 6:00 a.m. to 9:00 'p.m., Monday through Friday and Saturdays from 9:00 a.m. to 6:00 p.m. except on holidays as described in the most current system map and ride guide. In addition, the Company shall provide the express passenger shuttle system services for University of North Texas ("UNT") provided for and described in that certain Interlocai Agreement (the LINT Agreement") dated November 5, 2002 between the City and LINT (the "UNT Shuttle Services"). as follows: Section VI of the Contract is amended to add paragraph H. to read Page 1 of 3 H. For satisfactory performance of the LTNT Shuttle Services the City shall pay the Company the sum of $23.67 per revenue hour of service as that term is defined in the UNT Agreement. Such compensation shall be paid on a monthly basis with the monthly Fixed Sums payments. In addition, the City shall make a payment of $20,620.00 for training and administrative costs associated with the UNT Shuttle Services (the aStart Up Payment"). The City shall pay the Company the Start Up Payment no later than December 20, 2002. The Start Up Payment will be applied to the first month of service. The company will then submit monthly invoices on the 15th of.each month for services rendered for the prior month. Section XII, D of the Contract is amended to add paragraph 9 to read as follows: 9. The certificates of insurance furnished shall also name the University of North Texas as an additional insured for the provisions of the UNT Shuttle Services. 4. All other terms and conditions contained in the Contract that are not expressly amended or changed by this instrument shall remain in full force and effect. SIGNED as of the /0¢i day of ~-~~,~ , 2002. CITY OF DENTON, TEXAS Michael A. Con~ City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY~ CITY ATTORNEY Page 2 of 3 BY: MCDONALD TRANSIT ASSOCIAT~//~~ ROBERT T. BABBITT, PRESIDENT Page 3 of 3