2017-002s:\legal\our documents\ordinances\17\nctcog.doc
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the agreement
between the City and NCTCOG dated on or about November 8, 2016 and having been executed
by the City Manager, attached hereto and made a part hereof by reference (the "Agreement")
serves a public purpose and is in public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the Body of this Ordinance as if fully set forth herein.
SECTION 2. The Agreement is hereby approved and ratified and the City Manager's, or
his designee's, execution of the Agreement is hereby ratified. All expenditures authorized by the
Agreement are also ratified and approved.
SECTION 3, This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ day of 2017.
CIT
w .r
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPI�( 11:1) AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:r ,�
INTERLOCAL COOPERATION AGREEMENT
Between
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
And
CITY OF DENTON
for
BICYCLING OPINION SURVEY
WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated
as the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan Area by the
Governor of Texas in accordance with federal law; and,
WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected
officials, is the regional transportation policy body associated with NCTCOG and has been and
continues to be a forum for cooperative decisions on transportation; and,
WHEREAS, it is the goal of the RTC to encourage and provide opportunities to plan for and
implement bicycle and pedestrian projects throughout the region; and,
WHEREAS, in April 2012 and August 2015, the Regional Transportation Council approved
funding for the Planning and the Implementation of Bicycle and Pedestrian Planning activities in
the Dallas -Ft. Worth area; and,
WHEREAS, NCTCOG has conducted a Request For Proposals for consultant assistance to
produce statistically valid survey results regarding public opinion on bicycling and bicycle
infrastructure in the North Texas region; and,
WHEREAS, the survey will capture the views of the public -at -large about bicycle use across the
region to help guide future bicycle plans and projects that affect bicyclists. The survey will
measure participation in bicycling by citizens of all ages and abilities along with a balanced mix
of bicyclists by gender, age, ethnicity, and income; and,
WHEREAS, in addition to regional and county level survey results, the survey will also gather
additional responses for city specific results for each of the partnering cities of Denton, Frisco,
Garland, and Plano; and,
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code
provides authority for the North Central Texas Council of Governments, and City of Denton to
enter into this agreement for the provision of governmental functions and services of mutual
interest.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties agree as follows:
1. Parties
This Interlocal Agreement, hereinafter referred to as the "Agreement", is made and entered
into by and between the North Central Texas Council of Governments, hereinafter referred to
as "NCTCOG", and the City of Denton hereinafter referred to as the "SPONSOR". NCTCOG
and the SPONSOR may each be referred to as a "Party", and may be collectively referred to
as "Parties" to this Agreement.
Interlocal Cooperation Agreement Page 1
City of Denton, TRN2543
2. Purpose
This Agreement defines the terms and conditions for the Planning and Implementation of
Bicycling and Pedestrian Planning Activities specifically, a Bicycle Opinion Survey. Project
activities will produce statistically valid survey results regarding public opinion on bicycling and
bicycle infrastructure in North Texas.
3. Duties
3.1 NCTCOG and/or NCTCOG's consultant(s) will perform the tasks necessary to complete
the Bicycling Opinion Survey. The consultant will conduct a survey to measure
participation in bicycling by citizens of all ages and abilities along with a balanced mix of
bicyclists by gender, age, ethnicity, and income. In addition to regional and county -level
survey results for the counties of Collin, Dallas, Denton, Rockwall, and Tarrant, the
consultant will also gather additional survey responses for city specific results for each
of the partnering cities.
3.2 NCTCOG will designate a Project Manager to work directly with the SPONSOR and
consultant(s) to complete the project.
3.3 SPONSOR will designate a Project Manager to work directly with NCTCOG to coordinate
schedules, review milestones and deliverables, facilitate interaction with the various
departments of the municipality, elected officials, and key stakeholders.
3.4 NCTCOG will serve as the Contract Manager and Procurement Administrator for this
Project.
3.5 The NCTCOG Project Manager will oversee the consultant(s), review and approve
invoices and progress reports, and coordinate with the NCTCOG Project Review
Committee regarding meetings, schedules, deliverables, and other key project
milestones and events. Monthly progress reports will be provided to the SPONSOR
upon request. Communication with the consultant(s) will be coordinated through the
NCTCOG Project Manager.
3.6 The scope of work negotiated with the consultant and other required project deliverables
may be modified in writing without requiring an amendment to the Agreement.
4. Funding
4.1 The total project cost for this Agreement is Twelve Thousand Eight Hundred Twenty
Dollars ($12,820).The project cost includes anticipated consultant expenses for
completion of duties defined as part of Article 3.
4.2 The SPONSOR shall provide a check payable to the North Central Texas Council of
Governments in the amount specified in Article 4.1. Issuance of a Notice to Proceed to
the consultant is contingent on receipt of funds from the SPONSOR or as otherwise
mutually agreed.
4.3 Cost overruns approved by NCTCOG and the SPONSOR shall be funded in total by the
SPONSOR. SPONSOR shall provide a check payable to NCTCOG in the amount of the
Interlocal Cooperation Agreement Page 2
City of Denton, TRN2543
agreed upon cost overruns prior to such costs being incurred or as otherwise mutually
agreed. NCTCOG is not responsible for any costs other than as outlined herein.
4A Each party paying for services under this Agreement must make those payments from
current revenues available to the paying party.
5. Term
5.1 This Agreement shall take effect on the date executed by the Parties and shall remain
in effect until it is terminated.
5.2 Either Party may terminate this Agreement by giving 30 days written notice to the other
Party. The Parties may terminate this Agreement at any time by mutual written
concurrence.
5.3 This Agreement shall automatically terminate upon completion of the project.
6. Modification, Waiver and Severability
6.1 This Agreement and any exhibits, which may be attached, constitute the entire
agreement among the Parties. No waiver or modification of this Agreement shall be valid
unless in writing and signed by both Parties. Failure of the Parties to enforce or insist
upon compliance with any of the terms and conditions of this Agreement shall not
constitute a waiver or relinquishment of any such terms and conditions.
6.2 In the event that any one or more or the provisions of this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions thereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
6.3 This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original.
Interlocal Cooperation Agreement Page 3
City of Denton, TRN2543
11\1'�ITNESS HEREOF, the executed this Agreement in duplicate originals on the
dayofUkVCUj) 2016,
SPONSOR NORTH
GO ENTS
Signature R. Michael Eastland
Executive Director
Howard Martin
PhntedName
Interim City Manager
Title
APPROVED AS TO FORM:
CITY ATTORNEY
Interlocal Cooperation Agree Page 4
City of Denton, TRN2543