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19-1027
DocuSign Envelope ID: F15C7C9C-637D-46DD-937D-2DD4BFFAA1CA ORDINANCE NO. 19-1027 AN ORDINANCE OF THE CITY OF DENTON APPROVING A REVISION TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR A BIKE SHARE PROGRAM OWNED AND ADMINISTRATED BY THE UNIVERSITY OF NORTH TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the University of North Texas ("UNT") wishes to operate a Bike Share Program to provide intra-campus transportation options for students, staff, and faculty; and WHEREAS, the City of Denton (the "City") passed Ordinance 18-277 establishing a Pilot Permit Program with specific requirements and regulations stationless bike share operators must follow to operate within the City; and WHEREAS, UNT indicated their intent to follow the requirements as outlined in Ordinance 18-277; and WHEREAS, the City and UNT entered into an Interlocal Cooperation Agreement ("ILA") regarding the Bike Share Pilot Program, as evidenced by Ordinance 18-903, as amended by 18-1188; and WHEREAS, UNT's Bike Share Pilot Program has been a success and UNT wishes to continue the program following the expiration date established by the ILA; and WHEREAS, the City Council finds that continuation of UNT's Bike Share Program 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 herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Amended Interlocal Agreement attached hereto as Exhibit A on behalf of the City with UNT and is further authorized to carry out the rights and duties of the City under the Amended Interlocal Agreement, including the enforcement of regulations therein. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. DocuSign Envelope ID: F15C7C9C-837D-46DD-937D-2DD4BFFAAlCA The motion to approve this Ordinance was made by and seconded by this Ordinance was passed and approved by the following vote -.Li: Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District I. Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of .2019. 7 .. .... .. .. ..... ..... . .. .. CHRIS WATTS, MAYOR ATTEST: 00 �Or' ROSA RIOS, CITY SECRETARY 'N VVN BY: OA APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY DocuSign Envelope ID: F15C7C9C-837D-46DD-937D-2DD4BFFAA1CA STATE OF TEXAS § COUNTY OF DENTON § AMENDED INTERN CAI., COOPERAIION,AGREEMENT BETWEEN THE UNIVERSITY OF NORTH TEXAS AND THE CITY OF DENTON THIS AGREEMENT is made and entered into by and between The University of North Texas (hereinafter "UNT") and the City of Denton, a Texas home rule municipal corporation (hereinafter "City"). UNT and the City are referred to individually as "Party" and are collectively referred to herein as "Parties" This Agreement is for the purpose of continuing a stationless bicycle share program on UNT property that conforms to the City's bicycle share permit requirements (hereinafter "Program"); and WHEREAS, UNT and the City mutually desire to be subject to the provisions of Texas Government Code Chapter 791, the Interlocal Cooperation Act, which provides authorization for a local government to contract with one or more local governments or other state agencies to perform governmental functions and services under the terms of the Act; and WHEREAS, stationless bicycle share programs have proven to be flexible, efficient, and environmentally friendly transportation options for campuses and cities alike; and WHEREAS, UNT recognizes the benefits a stationless bicycle share program provides to the university community, and desires to continue operation of the Program while remaining a good neighbor to the City; and WHEREAS, the City, through its City Council, passed Ordinance 2018-277 authorizing a pilot bicycle share permit program requiring stationless bicycle share operators to obtain a permit from the City prior to operating within the City right-of-way and outlining certain restrictions, and WHEREAS, the City, through its City Council, passed Ordinance 2019-LUSI authorizing the continuation of the bicycle share permit program wich requires stationless bicycle share operatior to obtain a permit from the City prior to operating within the City right-of-way and outlining certain restrctions; NOW THEREFORE, the City and UNT, for the mutual consideration stated herein, agree and understand as follows: DocuSign Envelope ID: F15C7C9C-837D-46DD-937D-2DD4BFFAA1CA I. This agreement shall be effective as of '� i s i �'� �:�� , and continue unless terminated by agreement or as provided herein. II. Pursuant to Texas Government Code § 791.011, the Parties hereto agree that the purpose of the Agreement is to provide for a bike share program on UNT property that conforms to the City's bike share permit requirements. The Parties further agree that each of them is authorized to perform the functions and services contemplated under this Agreement. III. A. The City agrees to allow UNT to operate the Program for the use and benefit of the university community. B. UNT agrees to operate the Program in accordance with this Agreement and the regulations for bicycle share established in Ordinance 2018-277 and Ordinance 2019- �', including obtaining a permit for operation of the program, the placement of bicycles on university property, the rebalancing of stray bicycles back to their original location by 7:00 AM each morning, and the assurance that no more than One Hundred (100) bicycles enter the City right of way at any time, although the total number of bicycles in the fleet may exceed One Hundred (100). C. The City agrees that neither it nor Ordinances 2018-277 and 2019- "` regulates the parking of additional bicycles on UNT or State of Texas property in and around the UNT campus. However, the Ordinance does apply to City right-of-way through the campus and UNT agrees to abide by the bicycle number limitations expressed above regarding City right-of-way. D. The City and UNT recognize that the City's bikeshare program established in Ordinance 2018-277 and continued in Ordinance 2019-� ^; ° governs the use of City right-of-way related to the Program. The Parties agree that UNT may continue operations hereunder, pursuant to the other regulations, restrictions, and requirements of Ordinance 2018-277, or as amended. E. The Parties agree to conduct annual reviews of the UNT Bike Share Program following the Spring Semester session, wherein the following information will be considered: 1. The identity of UNT's bike share vendor and current UNT satisfaction DocuSlgn Envelope ID: F15C7C9C-837D-46DD-937D-2DD4BFFAA1CA 2. Number of bicycles deployed 3. Specific bicycle trip data 4. Monthly total trip data for the institution in three-hour increments for a 24 hour period 5. Monthly rebalance statistics 6. Total UNT membership registered with UNT's bike share vendor 7. Percentage of usage between UNT registered members and the general public 8. Monthly accident statistics 9. Notice of any formal notices by UNT to UNT's bike share vendor 10. Semester Report 10 days following close of each semester 11. Annual presentation to City of Denton Mobility Committee Following each review, the Parties may consider program revisions as necessary. Any revision or amendment to the agreement must be signed in writing by both Parties. IV. In the performance of their respective duties hereunder, the Parties hereto and their respective employees and agents, are at all times acting and performing as independent contractors of each other. No Party will have the authority to act for or bind another Party in any respect or to incur or assume any expense, debt, obligation, liability, tax, or responsibility on behalf of or in the name of another Party hereto. UNT agrees and understands that UNT, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the City. The City agrees and understands that the City, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of UNT. V. UNT shall be responsible for the acts, negligence, and/or omissions of all UNT employees, agents, subcontractors, and/or contract laborers and for all other persons doing work under a contract or agreement with UNT. VI. The City shall be responsible for the acts, negligence, and/or omissions of all City employees, agents, subcontractors, and/or contract laborers and for all other persons doing work under a contract or agreement with the City. VII. This Agreement is not intended to extend the liability of the Parties beyond that provided by law. Neither UNT nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. DocuSign Envelope ID: F15C7C9C-837D-46DD-937D-2DD4BFFAAICA VIII. The validity of the Agreement and of any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable in Denton County, Texas. IX. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. X. The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that the necessary resolutions extending said authority have been duly passed and are now in full force and effect. 1;/ A This Agreement represents the entire agreement between LINT and the City and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both LINT and the City or those authorized to sign on behalf of those governing bodies. XII. This agreement becomes effective when signed by the last party whose signing makes the respective Agreement fully executed. XIII. This Agreement may be terminated by written agreement of the Parties. XIV. Any written notice that may be necessary under this Agreement shall be delivered certified mail, return receipt requested, to the respective parties addressed as follows: For City: Todd Hileman City Manager 215 E. McKinney Street Denton, Texas 76201 City Copy to: Aaron Leal City Attorney 215 E. McKinney Street Denton, Texas 76201 DocuSign Envelope ID: F15C7C9C-837D-46DD-937D-2DD4BFFAA1CA For UNT: Allen Clark Ed.D. Associate Vice President Information Systems & Transporation Services University of North Texas 1155 Union Circle, #311460 Denton, Texas 76203 UNT Copy to: Alan Stucky Senior Associate General Counsel University of North Texas System University of North Texas 1155 Union Circle, #311460 Denton, Texas 76203 XV. The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. DocuSign Envelope ID: F15C7C9C-837D-46DD-937D-2DD4BFFAA1CA Executed this day of Xl ., 2019. ATTEST: ROSA RIOS, CITY SECRETARY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terns. t'©" A "-"'Y: ✓� aye... a� 1 � e Ci ry rn ineer Cape al Projects Department Date Signed: 5/15/2019 University of North Texas 1155 Union Circle, #311460 Denton, Texas 76203 By: Bob Brown, Senior Vice President Finance and Administration The City of Denton 215 E. McKinney Street Denton, Texas 76201 By: Todd Hileman, City Manager MW 50 III I I III III ' 10 be 1. - - I APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATrORNEY By: