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2016-128QRDINANCE NO. 2�16-12g AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A"FURTHER EXTENSION TO AMENDMENT NO.1" TO THE "MEMORANDUM OF UNDERSTANDING — THE ENVIRONMENT," BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE UNIVERSITY OF NORTH TEXAS WHICH PROVIDES FOR THE FURTHER EXTENSION OF THE TERMS OF SAID AGREEMENT UNTIL SEPTEMBER 30, 2021; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Utilities Board 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 a Memorandum of Understanding ("MOU") entered into by and between the City and The University of North Texas, by Ordinance No. 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 reviewed and approved a three-year extension of the above-referenced MOU entitled "Amendment No. 1 to the Memorandum of Understanding" (hereafter "Amendment No. 1"), by Ordinance No. 2006-111; and WHEREAS, on May 18, 2009 a further extension of duration for the above-referenced 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 Amendment No. 1 to the 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 and enacted Ordinance No. 2013-105; and WHEREAS, both City Staff and The University of North Texas presently desire to continue the existence of the said Amendment No. 1 to MOU for an additional extension term of five (5) years, ending on September 30, 2021; as the relationship fostered by this MOU by and between the City of Denton and the University, for the past twelve (12) years has proven to be mutually beneficial, and further accomplishes the goals and needs of both parties; and such research projects are works that are of beneiit to the residents of the City of Denton, Texas. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the "Further Extension to Amendment No. 1 Memorandum of Understanding — The Environment" ("Further Extension") by and between the City of Denton, Texas and The University of North Texas, providing for the extension of the terms of said MOU through September 30, 2021; and the City Manager is hereby authorized to make the expenditures provided for in said Further Extension of MOU; a copy of said Further Extension of MOU is attached hereto as Exhibit "A" and is incorporated herewith by reference. SE�,TION 2. This ordinance shall become effective immediately upon its passage and approval. �� a�I�,F� �:l�Ii ,!1��1=�����"�ii;C� il�i� i1�� m, ����;�� �.�1��� ��1° �������� �_..... , �d:�1��. �� � � � � �����ro.��„� ��� � .�.,.... ��.....� ........ �'I-�[�. � WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY �� � BY� h�"� %. ....� ... . � , ,� � � � � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �� �., � . ��, � Pf[ �,f14 � .F� �� � ��. � � ...✓m'.,.a �� By� �� ::: _:N � ,� � � " � a ��� �, UNIVERSITY OF NORTH TEXAS Denton, Texas FURTHER EXTENSION TO AMENDMENT NO. 1 MEMOR.ANDUM O�' UNDERSTANDING THE ENVIRONMENT Effective September 30, 2016 the University of North Texas, a state institution of higher education, with business offices located at 1155 Union Circle #305250, Denton, (hereinafter "UNT") and City of Denton, Texas, a Texas home-rule municipal corporation, with business offices located at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "City"), hereby agree to extend Amendment No. 1 to the Memorandum of Understanding - The Environment," dated May 1, 2009, as follows: Period of Performance and Termination is hereby amended to extend the period of performance to September 30, 2021 and shall read: The term of this Agreement is specified as May 1, 2009 through September 30, 2021 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 and obligations of the Parties accrued prior to termination. City shall be liable for all expenses incurred and all non-cancelable commitments made prior to LJNT's receipt of the notice of termination and shall pay LTNT for same on receipt of a final invoice. On receipt of payment in full for work performed, LJNT shall deliver the results of all previously unreported work in such form as it exists. Notices is hereby aznended as follows: For LJNT: Julie Satagaj Senior Contracts Officer Office of Grants and Contracts Administration 1155 Union Circle #305250 Denton, Texas 76203-5017 Telephone: 940369.5913 Fax: 940.369.3940 Email: Julie.Satagaj@unt.edu All other terms and conditions remain unchanged and in effect. (Signatures begin on the following page.) Page 1 of 2 - �., , - � , , - - : . , . _ � , - - , . 1 . • � '� � ' • •' .: • .� + �� ��� � �n„� ��"'" ��' �, ,� �^�" "� � �„.�"" $y. � ��°`" ��.�.w.�.._ . , � ��� �,.� �,,,,�.��. �,�� BY �� �� %, �:��1����, ��� Manager . : • �. ��� , s '� '��I I�, • �'' . . �. . . . . ��`��,��� r ' y � �' � ; � ' i $j►� � "�,.._ � 7�,��, -�, �� %/ , ,�; � � � - ' - r- � ' .I • � !'+ � r - r �l ��