HomeMy WebLinkAboutC2016-369 - 8/9/2016 - Approved PARTICIPATION AGREEMENT
FOR BICYCLE SHARING SERVICES
This Participation Agreement is made by the City of Corpus Christi, Texas (the
"City") and the Corpus Christi Downtown Management District (the "DMD"), pertaining to
the implementation of a bicycle sharing service in the downtown area of Corpus Christi,
Texas.
1. Zagster Contract. The DMD has entered into a contract with Zagster, Inc. to
provide bicycle sharing services, bicycles and bicycle racks in the downtown area of
Corpus Christi (the "Program"). The proposed locations of the bicycle racks are described
on Exhibit A attached. A true and correct copy of the Master Services Agreement with
Zagster, Inc. is attached as Exhibit B. The DMD has arranged for bicycle sharing services
over a three-year period to be allocated as follows:
DMD Share $30,000.00
City Share $90,000.00
RTA Share $108,000.00
2. Contract Administration. The DMD shall handle all contract administration and
management in connection with the Program.
3. City Participation. The City's participation in this Program shall be funded
through its Parking Improvement Fund and Tax Increment Reinvestment Zone #3. The
City agrees to pay to the DMD the sum of $30,000.00 per year as its portion of the total
estimated costs of the Program for 2016-2019. Nothing herein shall obligate the City to
pay more than $90,000 in connection with the Program, and any additional fees or
expenses incurred by the DMD shall be the sole responsibility of the DMD. The first
payment shall be made after October 1, 2016 within 30 days of written request from the
DMD. Subsequent year payments will be made after October 1St of that year within 30
days of written request from the DMD.
4. City Locations. The City agrees to cooperate with the DMD and Zagster in the
location of the bicycle racks for the Program at the proposed locations shown on Exhibit A.
To the extent that the actual locations of bicycle racks are on the City's property, Zagster
will be required to obtain a license for the use of such locations for bicycle racks for the
duration of the Program. Such licenses may require Zagster to indemnify the City, provide
proof of insurance with the City as an additional insured, notification of surrounding
property owners, compliance with the American with Disability Act, and approval by the
City's Traffic Engineering and Development Service Departments. The exact locations of
the bicycle racks on the City's property shall be subject to the approval of the City Manager
or her designee.
5. Term. This Agreement shall be for a term of three years from October 1, 2016
through September 30, 2019.
6. Amendments. No amendments, modifications or other changes to this
Agreement shall be valid or effective absent the written agreement of both parties hereto.
2016-369
8/09/16
Ord. 030917
DMD
INDEXED
7. Enforceability. This Agreement shall be interpreted, construed and governed by
the laws of the United States and the State of Texas and shall be enforceable in any court
of competent jurisdiction in Nueces County, Texas. The DMD shall comply with all
applicable federal, state and local laws, rules and regulations in performing under this
Agreement.
8. Notices. Notices under this Agreement shall be addressed to the parties as
indicated below, or changed by written notice to such effect, and shall be effected when
delivered or when deposited in the U.S. Mail, post pre-paid, certified mail, return receipt
requested.
City: City of Corpus Christi, Texas
Attn: City Manager
1201 Leopard Street
Corpus Christi, Texas 78401
DMD: Corpus Christi Downtown Management District
223 N. Chaparral Street, Suite A
Corpus Christi, Texas 78401
9. Non-appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30 annually, is
subject to appropriations and budget approval covering this Agreement as an
expenditure in said budget; however, it's within the sole discretion of the City
Council of the City and the Tax Increment Reinvestment Zone #3 Board to
determine whether to fund this Agreement. The City does not represent that this
budget item will be adopted, as said determination is within the City Council's
sole discretion when adopting each budget.
Each Party paying for the performance of services must make those payments
from current revenues available to the paying party.
10. No Third-Party Beneficiaries. By entering into this Agreement, the parties do not
intend to create any obligations, express or implied, other than those set out
herein. Further, this Agreement shall not create any rights in any party not a
signatory hereto.
11. Relationship of the Parties. Nothing contained in this agreement shall be
construed to create a partnership, joint venture, or a relationship of employment
or agent. Neither Party hereto shall have any authority to create or assume in
the other's name or on its behalf any obligation, express or implied, nor to act or
purport to act as the other's agent or legally empowered representative for any
purpose whatsoever.
12. Entire Agreement. This Agreement contains the entire understanding of the
parties with respect to the matters covered by this document.
C:tUserstTerry Sweeney,DMDTECHO2 AppDataLocal1Microsott%WindowslTemporaiyr Internet
.nlesscontent.Outlook\VN3RMGM0\16 Zagster Participation City BB 13Julyl6.docx Page 2
trA-0I0ev
Executed this day of 1y-2016.
CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI DOWNTOWN
MAN ENT it(STRICT
"tfl)4 By: By:
Margie Rose, City Manager Te Sw:eney, Execut ie Director
104 1110 I(o 7 , 1
Date Date
ATTEST:
1- eile,e,e.CC-141/6241-1C_L
Rebecca Huerta
City Secretary
1 0/1 611 C
Date ?�
II COUNCIL..�... 1, 1iu„
SECRETAt�
APPROVED AS TO LEGAL FORM:
By:
Buck Brice
Assistant City Attorney
for City Attorney
C:\Users\Terry Sweeney.DMDTECH02\AppData\Local\Microsott\Windows\Temporary Internet
Files\Content.Outiook\VN3RMGM0\16 Zagster Participation City BB 13JuIy16.docx Page 2