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R2021-086 2021-04-26RESOLUTION NO. R2021-86 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Memorandum of Understanding with METRO for the operation of a Van Pool Pilot Program at the Shadow Creek SportsPlex and Shadow Creek Nature Trail parking lots. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Memorandum of Understanding by and between the City of Pearland and METRO, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Memorandum of Understanding with METRO. PASSED, APPROVED, and ADOPTED on this the 26th day of April, A.D., 2021. EVIN COL MAYOR AT CR STAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit A MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS ("METRO") AND THE CITY OF PEARLAND ("PEARLAND") PURPOSE The purpose of this Memorandum of Understanding ("MOU") is to outline the respective obligations of METRO and Pearland for use of the Shadow Creek Sports Complex and Pearland Nature Trail for the parking of METRO Vanpool vehicles. TERM OF MEMORANDUM This MOU shall be effective from March 1, 2021 until January 1, 2022. The date of execution shall be identified as the latest date signed below. PEARLAND RESPONSIBILITIES Pearland agrees to perform the following: • Allow for the daily parking of passenger vehicles and the overnight parking of ten (10) METRO Vanpool vehicles at: o Shadow Creek Sports Complex, 13050 Shadow Creek Pkwy, Pearland, TX 77584, or o Pearland Nature Trail, 1801 Kingsley Drive, Pearland, TX 77584 o All METRO Vanpool vehicles will return to the parking lots above no later than 7:00 pm to ensure adequate parking available for park and league patrons. Should a vanpool form with a return time after 7:00 pm, this exception will require written approval by the City Manager. • Additional parking for METRO Vanpool vehicles above the initial ten (10), must be requested in writing and approved by the City Manager • The City will notify METRO, one (1) week in advance of park events that require the Vanpool vehicles to be parked temporarily at an alternate location over a weekend (Friday PM through Monday AM) • Promote METRO's Vanpool services to residents of Pearland via traditional platforms to include social media METRO'S RESPONSIBILITIES In exchange for Pearland's commitment to allow for the parking of METRO' s Vanpool vehicles, METRO agrees to do the following: • Market METRO's Vanpool services. 1 Exhibit A • Charge a daily flat rate fare throughout the duration of the Pilot Program. • Manage the vanpool program. • Provide Vanpool Customer Service support. • Provide Emergency Ride Home to vanpoolers: o 3 trips per year are permitted for family emergencies,unscheduled overtime, illness,to transport vanpooler to place of origin provided lay Yellow Cab RIGHT OF TERMINATION Either METRO or Pearland may terminate its participation in this MOU at any time and for any reason by simply notifying the other party in writing ten(10)days in advance of its intent to cancel this MOU. • NON-BINDING EFFECT Neither party intends,by setting forth in this MOU the provisions of this understanding,to create for itself or any other person, any legally binding obligation of liability. No subsequent oral agreement or conduct of the parties,including partial performance,shall be deemed to impose such obligation or liability.It is also not the intent of either party that this MOU creates a joint venture, as each party will remain wholly separate entities responsible for its own business and employees. City of Pearl.. , / , • ' By: L1 i 3 '11v la-2,( Date Metropolitan Transit Authority of Harris County By: //—�1II�m� 6-0- / omas :. , .m , '`re dz. 'a EO Date . Approvto • By:' . Cydonii Fairfax,Executive Vice President and General Counsel Date 2