2014-226\\CODAD\Departments\Legal\Our pocuments\Ordinances\14\PARD NCTCOG Interlocal Agreement.doc
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (66NCTCOG") FOR
DATA COLLECTION ON PEDESTRIAN AND BICYCLIST TRAVEL IN THE REGION
FOR THE METROPOLITAN TRANSPORTATION PLAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City") and the North Central Texas Council of
Governments ("NCTCOG") desire to enter into an Interlocal Agreement for the NCTCOG to
collect data on pedestrian and bicycle travel in the region for the Metropolitan Transportation
Plan; and
WHEREAS, NCTCOG is well equipped to perform this service; and
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NO VV y 1 L1EdV�L' o n 1'•y
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
Interlocal Agreement on behalf of the City with NCTCOG. The City Manager, or his designee,
is hereby authorized to carry out the rights and duties of the City under the Interlocal Agreement
including the expenditure of funds provided for therein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ,,��� day of ���� c�-���� � �_� 2014.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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ANITA BURGESS, CITY ATTORNEY
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This MEMORANDUM OF LTNDERSTANDING (the "MOU") is by and between the City of
Denton, Texas ("City"), a home rule municipality located in Denton County, Texas; and the North
Central Texas Council of Governments ("NCTCOG"), a Texas political subdivision created and
existing under Chapter 391 of the Texas Local Government Code, acting by and through their duly
authorized representatives (City and NCTCOG are sometimes referred to herein collectively as the
"Parties" and individually as a "Party").
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The NCTCOG Transportation Department is responsible for preparing and maintaining the
Metropolitan Transportation Plan for the 12-county area of the Metropolitan Planning Area (MPA).
This Plan includes the region's `Active Transportation' (bicycle and pedestrian) strategies for
improving mobility region-wide.
Efforts are underway to improve data collection on pedestrian and bicyclist travel in the region.
Nonmotorized traffic (bicycle and pedestrian) count data can be used for a variety of purposes, such
as to identify safety concerns, to communicate benefits, to encourage people to cycle and walk, to
inform decision makers or partners about usage and prioritizing funds for bicycle and pedestrian
infrastructure, to analyze trends, and to evaluate the impacts of speciiic projects including before and
after facility improvements occur. Through consistent data collection of nonmotorized traffic
(bicyclist and pedestrian counts), local governments may more fully understand the usage of
bicyclists and pedestrians and may be able to better estimate demand or usage of planned or proposed
pedestrian and bicyclist facilities for project evaluation and selection purposes.
NCTCOG is implementing a regional nonmotorized (bicycle and pedestrian) count program to
support these efforts and to obtain data to address bicycle and pedestrian performance measures.
NCTCOG will administer the regional nonmotorized count program and serve as the repository and
clearinghouse for data collected throughout the region. As the implementing agency for the regional
monitoring program, NCTCOG will establish data collection guidelines and quality control measures,
will store and manage data collected in a useable format in accordance with FHWA Traffic
Monitoring guidance and data specifications, and will publish regular reports of data collection
results.
The City and NCTCOG are mutual partners that have a stake in the nonmotorized monitoring
program, and are able to share information and provide each other with support. Both the City and
NCTCOG will have equipment purchased, installed, and operated at various bicycle and shared use
path locations in Denton for purposes of providing pedestrian and bicycle user counts. The
inforrnation collected by the City owned and NCTCOG owned equipment will be shared, and will be
included with data collection reports for the MPA.
NOW THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits to
the parties herein named, it is agreed as follows:
TERMS
I, NCTCOG agrees to purchase and provide to the City permanent counters capable of
providing continuous bi-directional pedestrian and bicyclist counts in fifteen minute intervals
with automated data transmission to a central host. Data is anticipated to be collected twenty-
four hours a day, seven days a week and accessible to both NCTCOG and City through an
online database provided and supported by the permanent counter vendor
II. Upon receiving counter equipment, NCTCOG and the City will coordinate on proper
installation and calibration of the permanent counter station(s) and equipment, which may
include training organized by NCTCOG.
III. The City agrees to install or cause to be installed at its expense the NCTCOG owned
counter(s) and related equipment at the location(s) described in Exhibit A. Installation
includes but is not limited to:
a. Installation of a post into the ground that will hold the data collection equipment, if
no other suitable post or structure is available;
b. Installation of pedestrian counter equipment with a lens that will be placed in a post
in order to transmit pedestrian count data;
c. Saw cuts in the concrete to install a loop detector wire and sealant necessary for
bicycle detection; and
d. Installation of pull boxes that will connect the loop detector wire (two 16 inches by
60 inches) with the counter equipment.
IV, NCTCOG will assist in the initial setup and calibration for automated data uploads for the
NCTCOG owned counter(s).
V. The City will maintain and ensure proper operation of the NCTCOG owned counter(s) from
installation through the life (10+ years) of the equipment. Maintenance and operation
includes but is not limited to:
a. Pedestrian counter lens cleaning twice a year to ensure accurate pedestrian counts;
b. Yearly battery checks or battery replacements for the counter stations;
c. Field visits to check that the equipment is functioning properly and to address and
fix any potential equipment problems due to vandalism, flooding, debris impeding
the proper operation of the counters, or other disruptions;
d. As needed field visits when automated alerts indicate situations of no counts, low
counts or unusual high counts;
e. Coordinate with NCTCOG in conducting annual manual validation counts for each
automated counter to ensure proper calibration of the counter equipment at each
counter station location; and
f. Payment of subscription fees for modem transmission of data for each counter to
ensure proper automatic data transfer. The City will reimburse NCTCOG for the
purchase of the initial 5 year subscription of data transmission services of the two
(2) NCTCOG owned counters ($2,000 per counter), and will continue payment of
subscription fees thereafter.
2
VI. NCTCOG will be responsible for the following maintenance and operations of the NCTCOG
owned counter(s):
a. Calculating a correction factor to apply to all automated count data based on the
average rate of undercounting as observed through annual manual count data
validation activities;
b. Monthly validation of online data received, with adjustments to the equipment
settings if necessary;
c. Annual coordination of manual counts at the counter station locations to ensure
proper calibration of the counter equipment;
d. Coordination with the commercial vendor of the counter equipment if any equipment
malfunctions within the equipment two-year warranty period; and
e. If the equipment is damaged or stolen the NCTCOG will coordinate with the City
regarding options for replacement and/or repairs.
VII. The City and NCTCOG will have unlimited access to the online database of pedestrian and
bicyclist count data collected by the NCTCOG owned counter(s).
VIII. This agreement shall take effect on the date executed by the last of the Parties and remain in
effect until terminated as provided herein. This Agreement may be terminated without
liability by mutual written concurrence of the Parties or by any Party giving thirty (30) days
written notice of termination to the other Party at the address provided herein.
IX, If the City fails to maintain or utilize the NCTCOG owned counter(s), or if the City desires
to remove said counters, it is the responsibility of the City to physically remove the counter
equipment, at its cost, and return the equipment to NCTCOG.
X. If the City needs to relocate the NCTCOG owned counter(s) due to construction or other
circumstances, the new location should shall be mutually agreed upon by both the City and
NCTCOG and should be on a facility that is used for commuting or other transportation
related purposes.
XL In the event of loss or damage to the NCTCOG owned counter(s), including theft, the City
shall be responsible for the full repair or replacement of the equipment.
XII. Any changes in the ageement provisions or obligations of the parties hereto shall be enacted
by written amendment executed by both the City and NCTCOG.
XIII. Notice from one Party to another Party regarding this Agreement shall be in writing and shall
be delivered to the addresses shown below:
City of Denton: City of Denton, Parks and Recreation
601 East Hickory Suite B# 210
Denton, Texas 76205
Attention: Jim Mays-Superintendent of Planning and Construction
NCTCOG: North Central Texas Council of Governments
616 Six Flags Drive
Arlington, Texas 76005
Attention: Karla Weaver, Program Manager
The above contact information may be modified without requiring an amendment to the
Agreement.
XIV.. It is understood and agreed that the relationship described in this Agreement between the
Parties is contractual in nature, between independent Parties and is not to be construed to
create a partnership, joint venture, joint enterprise or agency relationship between the Parties.
Neither Party shall be liable for any debts incurred by the other Party in the conduct of such
other Party's business or functions.
XV
XVI.
During the performance of this Agreement, each Party, for itself, its assignees, and successors
agrees to comply with all applicable local, state, and federal regulations.
NCTCOG and City agree that each Party is responsible for its individual acts and deeds as
well as the authorized acts and deeds of their contractors, employees, representatives and
agents.
XVII. The Parties shall negotiate toward resolving any disputes that arise under this Agreement.
Each Party agees to the extent possible to attempt to resolve any dispute arising under this
Agreement through voluntary mediation, arbitration, or any other local dispute mediation
process prior to initiating litigation.
XVIII. This instrument constitutes the entire agreement of the Parties with respect to the matters
contemplated herein and it may be modified or amended only in writing, signed by all Parties
hereto.
EXECUTED by the Parties in duplicate originals.
CITY OF DENTON
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Coordinate System: NAD1983 S4atePlane Texas North Central FIPS 4202 Feet Miles
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