2001-100FILE REFERENCE FORM I 2001-100 {
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FILE(S) Date Initials
Amended'and superceded by Ordinance No. 2002-252 08/20/02 )1~
NO O01-
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON, SPAN, INC AND THE UNIVERSITY OF
NORTH TEXAS ('~qT") TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE
FOR UNT STUDENTS, STAFF AND FACULTY, AND PROVIDING FOR AN EFFECTIVE
DATE
WI-IEREAS, the Umverslty of North Texas ("UNT") has requested that the C~ty and Span,
Inc provide to its students, staffand faculty motor earner passenger service based on an annual fee,
and
WHEREAS, the City Council finds that such service is in the public interest, NOW,
THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS
SECTION 1 The Mayor, or in her absence the Mayor ProTem, is hereby authorized to
execute an Interloeal Agreement between the C~ty of Denton, Span, Inc and UNT to promde for
motor career passenger service for UNT students, staff, and faculty, in substantially the form of the
copy of the agreement wbach is attached hereto and incorporated by reference herein
SECTION 2 Tbas ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED th~s the ~'~ dayof /}'fft~/(q~_. ,2001
EULINE BROCK, MAYOR
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
BY '
APPROVED AS TO LEGAL FORM
BY ~.~ - r~.~--/
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of March, 2001, by and
between the CITY OF DENTON, a Texas municipal corporation, hereinafter referred to as
CITY, SPAN, INC, a Texas non-profit corporation and a pohtical subdivision of the State of
Texas, hereinafter called the "AGENCY" and UNIVERSITY OF NORTH TEXAS, a Texas
State University, hereinafter referred to as UNT
WHEREAS, the AGENCY provides to the CITY mass transportation passenger motor
earner service on fixed routes pursuant to that certain agreement dated June 20, 2000 within the
c~ty limits of the CITY (the "Transit Agreement") under the name "LINK", and
WHEREAS, UNT desires to enter ~nto an agreement with the AGENCY and the CITY to
provide for passenger motor carrier service for its students, staff and faculty,
NOW, THEREFORE, CITY, AGENCY and UNT, in consideration of the mutual
covenants hereinafter expressed, agree as follows
ARTICLE ONE
1 0 UNT agrees to pay the CITY an annual fee provided in Section 1 1 below to allow for
UNT student, staff and faculty ndership In exchange, the AGENCY and CITY shall
porm~t all UNT students, staff and faculty to ride on the AGENCY'S system as outlined
on the most current system map, on an unhm~ted basis by dlsplaymg a vahd UNT
student, staff or faculty identification to the AGENCY's bus drivers upon entenng a bus
The current system map shall include at a m~nlmum, the bus stops on UNT campus
shown on Exbablt "A" attached hereto and made a part hereof by reference
1 1 The term of th~s agreement shall be for tb_ree years commencing on August 15, 2001 and
ending on August 14, 2004 The first annual fee shall be m the sum of $6,000 00 due and
payable m two equal mstallments no later than October 15, 2001 and February 15, 2002
The second annual fee shall be m the sum of $8,000 00 due and payable m two equal
installments no later than October 15, 2002 and February 15, 2003 The third annual fee
shall be m the sum of $10,000 00 due and payable in two equal ~nstallments no later than
October 15, 2003 and February 15, 2004 Notwithstanding the foregoing, each annual fee
is subject to an adjustment as follows Within 60 days after each annual fee is paid either
the CITY or UNT may requare an adjustment ffthe actual ndersh~p (based on 75 cents for
each one way trip) yields an annual amount that is either 25% greater or 25% lower than
the fixed annual fee In the event that the actual ndershlp yields an amount greater than
25% of the fixed annual fee than UNT shall pay the CITY within 30 days of being
not~fied, an amount equal to 75 cents times each one way trip above the fixed annual fee
In the event that the actual ndersh~p y~elds an amount lower than 25% of the fixed annual
fee than the CITY shall refund UNT within 30 days of being notified, an amount equal to
75 cents times each one way trip below the fixed annual fee
1 2 At all reasonable times UNT shall be entitled to audit the records of the AGENCY and
CITY to ascerttun that the annual fee has been properly calculated However, in no event
shall this provision permit LINT to withhold payment of the annual fee If after an audit
UNT is able to prove that the fee has been m~scalculated, then it shall be entitled to a
refund of such excess fee, without ~nterest
ARTICLE TWO
2 0 The Transit Agreement is hereby amended by the CITY and the AGENCY so as to make
~ts terms consistent with fins agreement
2 1 This agreement shall remmn m effect dunng the term of the Transit Agreement and any
renewals thereof and shall expire when the Transit Agreement expires or ~s terminated
In the event the Transit Agreement expires or is terminated dunng a contract year, and the
CITY does not provide similar motor earner passenger services to UNT, the CITY agrees
to refund to LINT a portion of the annual fee attributable to that portion of the contract
year for which such motor career passenger services were not provided Notwithstanding
anything contained herein to the contrary, any party to this agreement may terminate this
agreement with or without cause by giving the other parties written notice of such
termmat~on at least 30 days prior to the expiration of a contract year, which termination
shall become effective at the end of such contract year
ARTICLE THREE
3 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, and supercedes all provisions in the Transit Agreement to the extent of conflict
This agreement may be amended only by written instrument signed by both parties
3 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 vahd~ty of the remaamng portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the contract d~d
not contain the particular part, term, or provision held to be invalid
Signed this ~ (~ day of .,~~-~ ,2001
UNIVERSITY OF NORTH TEXAS CITY OF DENTON
Euhne Brock
Mayor
PAGE 2
ATTEST ATTEST
mhllhp C D~bel, ~:~ oS~gen~ta~Yo~ '
Vine President for Finance and
Bus~ness Affairs
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM
General Counsel Herbert L Prouty, City Attorney
By (Q'h~/ By ~
SPAN, INC
PAGE 3
ATTACHMBNT 1
City of Denton
Englneenng/Transportat~on
Route 8 Revision
02120101