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
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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
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BY:
MCDONALD TRANSIT
ASSOCIAT~//~~
ROBERT T. BABBITT, PRESIDENT
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