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Home My WebLink About22-001 OrdinanceFILE REFERENCE FORM X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) MOU approved by Ordinance 2003-119 Three-year extension approved by Ordinance 2006-111 Further extension of MOU approved by Legal Three-year extension approved by Ordinance 2013-105 Five-year extension approved by Ordinance 2016-128 Amendment No. 2 approved bv Ordinance 22-001 Date 05/13/2003 05/02/2006 05/18/2009 04/16/2013 04/26/2016 01/11/2022 Initials CW CW CW CW CW CW 22-001ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THEAMENDMENT NO. 2 TO THE “MEMORANDUM OF UNDERSTANDING – THE ENVIRONMENT” BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTHTEXAS WHICH PROVIDES FOR THE EXTENSION OF THE TERMS OF SAID AGREEMENT UNTIL SEPTEMBER 30, 2026; PROVIDING FOR THE EXPENDITURE OFFUNDS THEREFOR; AND PROVIDING AN EFECTIVE DATE. WHEREAS, the Public Utilities Boards approved a “Memorandum of Understanding – The Environment” (“MOU”) prior to the May 13, 2003 City Council meeting, and at such meeting the City Council approved the MOU by and between the City and the University of North Texas, by Ordinance 2003-119, which authorized participation in various research projects originated by the City of Denton, and which MOU was for a term of three (3) years from and after May 1, 2003 ; and WHEREAS, on May 2, 2006, the City Council then approved a three-year extension of the above-referenced MOU entitled “Amendment No. 1 to the Memorandum of Understanding,” by Ordinance No. 2006-111; and WHEREAS, on May 18, 2009, a further extension of the MOU was approved by the Legal Department, was then presented and approved by the Public Utilities Board; and thereafter, the City Manager duly executed said extension of said MOU for the period running from May 1, 2009 through September 30, 2013; and WHEREAS, thereafter, on April 16, 2013, the City Council approved a three-year extension of the above-referenced MOU through Ordinance 2013-105; and WHEREAS, thereafter, on April 26, 2016, the City Council approved a five-year extension of the above-referenced MOU through Ordinance 2016-128; and WHEREAS, both City Staff and The University of North Texas presently desire to continue the existence of the MOU for another extension term of five years, ending on September 30, 2026, as the relationship fostered by this MOU by and between the City and the University is mutually beneficial to the residents of the City of Denton, Texas and WHEREAS, Council is of the opinion that a further extension of the MOU is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals in the preamble of this ordinance are incorporated into the body of this ordinance as if set out fully herein. Page 1 of 2 SECTION 2. The Interim City Manager, or her designee, is hereby authorized to execute the “Amendment No. 2 Memorandum of Understanding – The Environment” (“Amendment No. 2”) by and between the City of Denton and The University of North Texas, providing for the extension of the terms of said MOU through September 30, 2026; and is authorized to make the expenditures provided for in said MOU; a copy of said Amendment No. 2 is attached hereto as Exhibit “A“ and is incorporated by reference. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. ::'€TIFgTHthi= ''di"’-'' "” ",’n:i\:%= following vote A - I>] and seconded approved by the Aye Nay Abstain Absent Mayor Gerard Hudspeth:/ ./ I Vicki Bird, District 1 : Brian Beck. District 2: Jesse Davis, District 3 :-L Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the \ \ th day ' 2022of #mfAi6nMEm,MXtbRATTEST: ROSA RIOS, CITY SECRETARY .„:Z n\\\IIII IIt APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY Page 2 of 2 DocuSlgn Envelope ID: 3DIAF7CC-F858-4918-9919-5F22199F58C2 UNIVERSITY OF NORTH TEXAS Denton, Texas AMENDMENT NO. 2MEMORANDUM OF UNDERSTANDING THE ENVIRONMENT Effective September 30, 2016 the University ofNorth Texas, a state institution of higher education, with business offices located at 1155 Union Circle #305250, Denton, Texas (hereinafter “UNT”) and City of Denton, a Texas home-rule municipal corporation, with business offices located at 215 East McKinney Street, Denton, Texas 76201 (hereinafter “City”), hereby agree to “Amendment No. 2 to the Memorandum of Understanding – The Environment,” dated October 1, 2021, asfollows Period of Performance and Termination is hereby amended to extend the period of performance to September 30, 2026 and shall read: The term of this Agreement is specified as October 1, 2021 through September 30, 2026 unless sooner terminated in accordance with the terms herein. Either Party hereto may terminate this Agreement or performance of Research Projects at any time by giving not less than thirty (30) days advance written notice to the other Party. Termination or cancellation shall not affect the rights or obligations of the Parties accrued prior to termination. City shall be liable for all expenses incurred and all non-cancelable commitments made prior to UNT’s receipt of the notice of termination and shall pay UNT for same on receipt of final invoice. On receipt of payment in full for work performed, UNT shall deliver the results of all previously unreported work in such form as it exists. Notices is hereby amended as follows: For UNT:Michael Rondelli AVP, Research Commercial Agreements 1155 Union Circle #305250 Denton, Texas 76203-5017 940-565-4459 researchcontracts(£4unt.edu All other terms and conditions remain unchanged and in effect. (Signatures begin on the following page.) MOU: Amend 2 Page 1 of 2 DocuSign Envelope ID: 3DIAF7CC-F8584918-9919-5F22199F58C2 na\myESS WHEq9F, the parties hereto have executed this Amendment effective as of I CITY OF DENTON A Texas Municipal Corporation THE UNIVERSITY OF NORTH TEXAS DocuSlgned by: By :MiR hULlIILI 1/14/2022/Interim City Mana viETmmain AVP, Research Commercial Agreements \\\1111111 Lp ATTEST: ROSA RIOS, CITY SECRETARY By:q A THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operationalobli aiiADirector Title .Env. Svcs. & Sustainability DepartmentDate Signed: 12/13/2021 APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY MOU: Amend 2 Page 2 of 2