HomeMy WebLinkAboutContract 63983AGREEMENT REGARDING TM BIKE PROGRAM
This Agreement Regarding TM Bikes Program (this "Agreement") is entered into
between the CITY OF FORT WORTH, whose address is 100 Fort Worth Trail, Fort
Worth, Texas 76102 (), and the FORT WORTH TRANSPORTATION
AUTHORITY (), whose address is 801 Grove Street, Fort Worth, Texas
76102.
The City and Trinity Metro desire to make available to
participate short-term Bicycle Rental program as described herein.
The City and Trinity Metro agree as follows:
1. TERM. Initial service under this Agreement shall commence on September 1,
2025, and shall expire on September 30, 2026. The Agreement shall thereafter
automatically renew September 30)
unless terminated by either party as provided herein.
2. PROGRAM: Any City employee who possesses a valid City Email account
("@fortworthtexas.gov") may participate in Trinity Metro's short-term Bicycle
Rental program ("TM BIKES"), to access and use the TM BIKES fleet of bicycles.
The City shall determine employee eligibility at its sole discretion.
3. USE OF TM BIKES: To use TM BIKES, a user account must be created on the
Trinity Bike Share Mobile Application with the City of Fort Worth Email.
After authentication, the account holder will be able to utilize TM BIKES with no
direct cost to the City of Fort Worth employee. Users of the program will be
required to accept and abide by the terms and conditions set forth by Trinity Metro
in the App.
4. INVOICING AND PAYMENT:
TRINITY
METRO will thereafter electronically invoice the CITY OF FORT WORTH annually
in the fixed amount of $15,000.00.
5. MARKETING. The parties will announce and market this program according to a
plan approved by both parties. Any use by a party of the other party's web site,
intellectual property, trademarks, service marks or copyrights (collectively, such
party's "IP") shall require, in each instance, that party's prior written consent. Each
party's IP shall remain that party's sole property.
6. TERMINATION OF AGREEMENT. Either party may terminate this Agreement by
giving the other party written notice of its intent to terminate at least 60 days
before the intended termination date.
CSC No. 63983
7. INDEMNIFICATION. To the extent allowed by law and without waiving any
governmental immunity, each party agrees to be responsible for and hold the
other party harmless from and against any claims, demands or lawsuits arising
out of the party's own negligence or willful misconduct with respect to this
Agreement. Nothing contained in this Agreement shall be construed as an
expressed or implied waiver by any party of any legal defenses including, but not
limited to, the defense of governmental immunity. Nothing in the Agreement shall
be construed to give rights to any person or entity that is not a party to this
Agreement. TM BIKES users shall assume all risks and liabilities for their
personal use of the bicycles and any waivers or liability assumed by using the TM
BIKES App shall control.
8. NOTICES. Any notice to be delivered to a party shall be transmitted by hand
delivery, receipted overnight courier (such as Federal Express) or by certified
mail, return receipt requested, to the following addresses:
The City of Fort Worth
Attn: Lauren Prieur
Title: Director of Transportation and
Public Works
100 Fort Worth Trl Fort Worth TX
76102
With Copy to the City Attorney
At same address
To TRINITY METRO BIKES:
Attn:Shawn Tubre,
Title: Director Trinity Metro Bikes
801 Grove Street ,Fort Worth,
Texas 76102
Notices shall be deemed received on the earlier of actual receipt or, in the case of
receipted overnight courier, the second business date after the notice was tendered
to the courier. In the case of certified mail, the notice shall be deemed tendered on
the earlier of actual receipt or the fifth business day after the notice was delivered to
the USPS.
MISCELLANEOUS. This document contains all of the terms and conditions of the
agreement between TRINITY METRO and the CITY OF FORT WORTH. Any
changes or additions to the Agreement must be in writing and signed by all parties to
the Agreement. Neither party may assign its rights or obligations under this
Agreement without written consent of the other party. The headings on paragraphs in
this Agreement are for reference only and do not affect any of the terms of conditions
of this Agreement.
AGREED AND ACCEPTED to be effective as on the last date in the signature blocks
below.
City of Fort Worth:
By: ___________________________
Name: Jesica McEachern
Title: Assistant City Manager
Date: ___________________
Trinity Metro Bike
By: _______________________
Name: Shawn Tubre
Title: Director
Date:___________________
By: ______________________________
Name: Jannette S. Goodall
Title: City Secretary
Approved as to Form and Legality:
By: ______________________________
Name: Douglas W. Black
Title: Sr. Assistant City Attorney
Contract Authorization:
M&C: _________
THE CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: ______________________________
Name: Gadimi Hilton