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HomeMy WebLinkAbout2000-161P Ray Mb. 1.1, wl Ex ORDINANCE NO%—/ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS FOR THE LAKE RAY ROBERTS GROWTH MANAGEMENT PLAN, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS AS REQUIRED BY SUCH AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council has previously authorized and the City has entered into a Park Management Agreement with the Texas Parks and Wildlife Department and the City of Dallas, Texas which — among other things — requires the preparation of a Growth Management Plan for Lake Ray Roberts, and WHEREAS, the cities will jointly hire a consultant to prepare the Growth Management Plan at a cost not to exceed $546,495 with Denton's share of the cost being 26%, and WHEREAS, the City Council deems it in the public interest for the City of Denton to participate with the City of Dallas in preparing the Growth Management Plan for Lake Ray Roberts, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is authorized to execute the attached Interlocal Agreement Lake Ray Roberts Growth Management Plan which is made a part of this ordinance for all purposes, with the City of Dallas, Texas, to provide for a Growth Management Plan for Lake Ray Roberts SECTION 2 That the City Manager, and his designee, are authorized to expend the funds and to take the actions as set forth in the attached Interlocal Agreement SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of _, 2000 JA LER, MAYOR P�ebmetlWMLLOUDm PommmMO`Nnmam\OO�IwYe Rry Robme Wm Wdtlx ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 of 2 STATE OF TEXAS § COUNTY OF DALLAS § This Interlocal Agreement (hereinafter called "Agreement"), made ursuant to Chapter 791, Texas Government Code, as amended, s entered into by and Between the City of Dallas, a Texas municipal corporation, of Dallas County, Texas, (hereinafter referred to as Denton County, Texas (hereinafterheccalleo "Denton")Denton,a Texas municipal corporation, of WHEREAS, this Agreement involves governmental functions that each party individually can perform, and WHEREAS, any amount paid by either party for the services to be performed is to be made from current revenues available to it and fairly compensates the party receiving such payment for the services and functions performed by it In consideration of the mutual promises, covenants and conditions contained in tlus Agreement, Dallas and Denton agree to the following (1) The purpose of this Agreement is to state the terms and conditions under which Denton shall assist in preparing the Growth Management Plan for Lake Ray Roberts (hereinafter called the ' Growth Management Plan") The Growth Management Plan will address and formulate water quality, recreation, development and growth guidelines for Lake Ray Roberts (hereinafter called "the lake") and adjacent areas The parties agree that the consultant's scope of work for the Growth Management Plan is described in Exhibit A, which is attached to and made a part of this Agreement (2) The Epnvironmental Compliance Manager (hereinafter referred to as "Manager"), shall be onsible for the responsible for the administration of Den on's responsibilities underAgreement,eneral administration of this th sAshall Agreement be (3) Dallas agrees to award and administer, in consultation with Denton, a contract with the consultant to perform the Growth Management Plan development Dallas and Denton both acknowledge their pancclpation in the consultant selection process and will mutually agree upon the consultant tobe selected Dallas agrees that it will timely make payments in accordance with the terms and conditions of the consultant contract and shall be responsible for enforcement of consultant contract provisions The total amount of the consultant contract to be awarded shall not exceed $546,495 00 (this sum does not include the portion las will utilize the consultant to perform work n connection witth Lake Ray Hubbard,e contract in which Dallas agrees that it is wholly responsible to provide funding for Lake Ray Hubbard work) (4) After award of the consultant contract, Denton agrees to provide Dallas with funding, each month during the term of the consultant contract, to reunburse Dallas for Denton's share of the consultant contract expenses, in the amount of 26% of each Lake Ray Roberts Interlocal Agreement monthly invoice submitted by the consultant The 26% amount represents Denton's share of the consultant contract costs (which share shall not exceed $142,089) Denton shall submit each payment to Dallas within 20 days after Denton's receipt of a copy of the consultant's invoice as provided by Dallas Submission by Dallas of the consultant's invoices to Denton shall constitute its assurance that the consultant has satisfactonly performed the services covered by the invoice in accordance with the consultants contract Dallas' share of the consultant contract cost (not including the Lake Ray Hubbard work) will be 74% (5) The scope of work for development of the Growth Management Plan may be increased only by mutual agreement of Dallas and Denton If additional funding is needed becadse one of the parties desires to increase the scope of work to address specific concerns of that party related to the Growth Management Plan or Lake Ray Roberts, or otherwise perform work solely for the benefit of that party, the party requesting the increase in scope of work shall pay 100% of the additional cost f additional funding is needed for any other reason, and both Dallas and Denton agree that additional funding is necessary, Dallas and Denton agree to share in the additional costs as follows Dallas - 74% of the total additional cost, Denton - 26% of the total additional cost Denton shall provide such funding within twenty (20) days after receipt of a copy of the consultant invoice as provided by Dallas Changes to the Agreement requiring an increase in funding from either party shall be made only pursuant to supplemental agreement approved by the (tity Councils of Dallas and Denton (6) The term of this Agreement shall begin on the date of its execution, and end upon final approval by Dallas and Denton of the consultant's work and final payment of the consultant by Dallas (7) To the extent information developed by the consultant developing the Growth Management Plan can be kept confidential under Texas law, reports, information, pproject evaluation, data or any other documentation developed by, given to, prepared by or assembled by the consultant developing the Growth Management Plan shall not be disclosed or made available by either pa to any ind>vldual or organization (other than the Corps of Engineers or the State of Texas Parks and Wildlife Department) without the expressed Qrior written approval of the other party If a party is required to d>sclose th>s information as the result of a request made under the Texas Public Information Act (Chappter 552 of the Government Code), such disclosure shall not constitute a breach of this agreement (8) The work product deliverables and related documents of the Growth Management Plan consultant shall be considered joint property of both Dallas and Denton The consultant shall deliver all documents to Dallas Denton, however, shall receive from Dallas without charge, copies of any and all of the work product deliverables and related documents received from the Growth Management Plan consultant within ten (10) days of Dallas receiving said documents Any response required to requests for information make pursuant to the Texas Public Information Act or the Federal Information Act shall be the responsibility of Dallas (9) Either party may terminate this Agreement for convenience upon sixty (60) days advance written notice to the other party, with the understanding that all services being performed under the consultant contract for the Growth Management Plan shall also be terminated by the date specified in such notice To the extent that the Growth Management Plan consultant is owed compensation, Dallas may use available funding, Lake Ray Roberts- Interloral Agreement `A includmg that contributed by Denton, to pay the consultant for services satisfactorily rendered in accordance with the terms of the consultant's contract prior to the date of termination (10) All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party at, the following addresses Mailed notices shall be deemed communicated as of five days after mailing If intended for Dallas, to Terrace Stewart Director, Dallas Water Utilibes City of Dallas CIty Hall - Room 4/a/North 1500 Manlla Street Dallas, Texas 75201 If intended for Denton, to Julie Snuth Environmental Compliance Manager City of Denton 215 E McKinney Street Denton, Texas 76201 (11) This Agreement is made subject to the provisions of the Charters and ordinances of Dallas and Denton, as amended, and all applicable State and Federal laws (12) Tlus Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas (13) In case any one of more of the provisions contained in tlus Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any resect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement (14) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument (15) This Agreement embodies the complete agreement of the parties hereto, superseding all oral and written previous and contemporary agreements between the parties relating to matters in this Agreement and cannot be modified, except as may otherwise provided in this Agreement, without written supplemental agreement of the parties to be attached to and made a part of this Agreement (16) When completed, a true, complete and correct copy of the Growth Management Plan will be attached to and made a part of that certain Park Management Contract lake Ray Robert Interloral Agreement 3 between Texas Parks and Wildlife Department and the Cities of Dallas and Denton, Texas, as supplemented EXECUTED this the day of , 2000, by Dallas, siping by and through its City Manager, duly authorized tc execute same by Resolution No , adopted by the City Council on , 2000, and by Denton siggnnmg by and through its City Mana er, duly authorized to execute same by Resolution , adopted by the City Councal on 2000 APPROVED AS TO FORM CITY OF DALLAS MADELEINE B JOHNSON TEODORO J BENAVIDES City Attoiney City Manager BY BY Assistant City Attprne City Manager �Upmltidtt to City Att APPROVED AS TO FORM MICHOAFEL W J DENTO G� EZ City Manager BY / BY r City Atto ey ity a er Lake Rey Robetre- Intalacal Agreement 4