The URL can be used to link to this page

18-339S:\Legal\Our pocuments\OrdinancesU 8\County ICA Hercules Ordinance 031318 - TL rev.doc ORDINANCE NO. 18-339 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY, TEXAS FOR BICYCLE ROADWAY ACCOMMODATIONS ON HERCULES LANE FROM SHERMAN DRIVE TO STUART ROAD IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS AND NO/100 ($50,000.00); AUTHORIZING THE EXPENDITURE OF FUNDS THEREOF; AND PROVIDNG AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas ("City") and Denton County, Texas ("County") are ready to commence with the "Bicycle Roadway Accommodations Project" and begin engineering and construction of striping, signage, and other improvements on and within Hercules Lane from Locust Street to Sherman Drive, located in the City of Denton, Texas, and Denton County Commissioner Precinct # 1; and WHEREAS, the City and County agree that the County will provide fifty percent (50%) of the project funding in the amount of $50,000 and the City will provide the remaining 50% of the project funding as local match in the amount of $50,000; and WHEREAS, the City Council having considered the importance of the Bicycle Roadway Accommodations Project to the citizens of Denton, Texas and iinding that it is in the public's health and safety interest, is of the opinion that it should approve the Interlocal Cooperation Agreement attached hereto by and between the City and County; NOW THEREFORE 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 as true and as if fully set forth in the body of this ordinance, SECTION �, The City Manager of the City of Denton, or his designee, is hereby authorized to execute on behalf of the City of Denton the Interlocal Cooperation Agreement ("ICA") with Denton County, Texas, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes. SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties and agreements to be performed by the City under the ICA, including, but not limited to, the expenditure of funds. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. w � � �^ ��..-�, �:�� l"_.__ �.:.��..�.� �......�._� ... � ��+. C��,�1"s1:� ��I1:? �1� l 1�,�'�'�``1:1� �I�i� �:'i�� '� a:�K,�. 1 S:\Legal\Our pocuments\Ordinances\18\County ICA Hercules Ordinance 031318 - TL rev.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY � � � �� " BY� _..�..��i�� a�.��'��N�� ..� w APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY � � � ... , ,��,��.,�� ,. � �� , � By �"� � . .�,��. _9�...�� _.� � �- � �..- ° � __ .. .�� . . � . , . � � "1 � * '' � � � �' • • 1 � � . . �; , THIS AGREEMENT is made, entered into, and executed by and between Denton County, Texas, a political subdivision of the State of Texas, engaged in the administration of county government and related services for the citizens of Denton County, Texas, hereinafter "the Countyy99 and the City of Denton, Texas, a corporate and political body duly organized and existing under the laws of the State of Texas, engaged in the administration of municipal government and related services for the citizens of the City of Denton, Texas, hereinafter "the City." The County and the City are hereinafter collectively referred ta as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement whereby the City agrees to perform construction of certain bicycle roadway accommodations within the street or road ways within the municipal limits of the City and Denton County Commissioner Precinct #1, as more particularly described herein, hereinafter "the Project;" and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791 ("the Act"), provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act, and the County and the City herby mutually agree to be subject to the provisions of the Act and; WHEREAS, the City is in the process of updating the Pedestrian and Bicycle Linkage Component of the Denton Mobility Plan and has identified potential projects, including the Project, aimed at improving the accommodation of these alternative modes of transpartation on the roadway system; and WHEREAS, the County and the City value the timely completion of the Project which involves roads, which are an integral part of the City's and County's road system, and the Parties are undertaking the Project to improve safe travel on an improved roadway; and NOW, TH�REFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: City of T�e�iton I�te —�icycl� l,araes Accm'nmod�taoeas - Preciaact 1 I'age 1 mf 7 WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets and roads. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be limited to engineering and construction of striping, signage, and other improvements to Hercules Lane from its intersection with Sherman Drive to Locust Street within the municipal limits of the City and Denton County Commissioner Precinct #1. The Project's total cost is currently estimated to be ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for engineering and construction. III. The County agrees to contribute an amount which shall not exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) toward satisfactory completion of the Project, provided that any and all funding is approved by formal action of the Denton County Commissioners Court. !�'! The City agrees to contribute an estimated amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) and provide the in-kind services specified below as the City's portion toward the satisfactory completion of the Project. This exchange of monetary consideration and in-kind services is deemed adequate and fair consideration for the obligations exchanged by the Parties herein. � The City agrees to secure a contract for the construction of the Project and to oversee any necessary engineering which may be required for satisfactory cornpletion of the Project. In addition, the City will provide all project inspections and approve all payments, including requested funding from the County, as construction invoices are received. City of Den[on ICA — Bicycle Lanes Accommodations - Precinct 1 Page 2 of 7 VI. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, on a monthly basis, and the County shall reimburse the City on a pro rata basis for all expenses related to the Project within thirty (30) calendar days of receipt of an invoice from the City, provided that all expenditures are rnade in a manner which is consistent with the terms of this Agreement. The City shall submit a copy of all invoices to Mr. John Polster, c/o Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234, at the same time invoices are submitted to the Denton County Auditor. Upon satisfactory completion of the Project, the County and the City shall prepare and cornplete a full audit of the Project. VII. This Agreement may be terminated in whole, or in part, by the County or the City upon thirty (30) days written notice. In the event of such termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. VIII. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, and agreements, either oral or written. This Agreernent may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Chris Watts Mayor of the City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Copies To: City Manager City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 City Attorney City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 City of Denton ICA — Bicycle Lanes Accommodations - Precinct 1 Page 3 of 7 For County: Honorable Mary Horn Denton County Judge 1 l0 West Hickory Street, 2nd Floor Denton, Texas 76201 Copy To: Denton County Criminal District Attorney's Office Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 � The covenants, terms, and conditions herein are to be construed under the laws of the State of Texas and are performable in Denton County, Texas. The Parties mutually agree that venue for any obligation arising under this Agreement shall be solely in Denton County, Texas. � The City agrees and understands that the City, its employees, servants, agents, and/or representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the County. � The County agrees and understands that the County, its employees, servants, agents, and/or representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the City. � The City agrees to accept full responsibility for the acts, negligence, and/or omissions of all City employees, agents, subcontractors, and/or contract laborers and for all other persons doing work under a contract or agreement with the City. XIII. The County agrees to accept full responsibility for the acts, negligence, and/or omissions of all County employees, agents, subcontractors, and/or contract laborers and for all other persons doing work under a contract or agreement with the County. E:�'� This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, City of Denton ICA — Bicycle Lanes Accommodations - Precinct 1 Page 4 of 7 any immunity or defense that would otherwise be available to it against claims made by third parties. XV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. /:�L � The undersigned officers and agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVII. This Agreement becomes effective when signed by the last party whose signing makes the respective Agreement fully executed, and the term of this Agreement is for the life of the Project, beginning on the date of execution of this Agreement and continuing until the Project is completed. Executed this ��, day of ��_�_ 2018. � ........ ��,,,...._._� DENTON COUNTY, TEXAS 110 West Hickory Street, 2nd Floor Denton, Texas 76201 BY� � ....... ....�� Honorable Mary Horn Denton County Judge Acting by and on behalf and by the authority ofthe Commissioners Court of Denton County, Texas ATTEST: BY� _...........�._..........�.. _��..... Denton Count Clerk CITY OF DENTON, TEXAS 215 E. McKinney Street Denton, Texas 76201 �� . . , � .w.... B��`"�', ...__ ��'' �. _. �...�� _ Todd Hileman City Manager of the City of Denton, Texas Acting by and on behalf and by the authority the City of Denton, Texas Denton County, Texas ATTEST: By: ,,.��'..,,��... ��._��,��'�� .......— Cit ��.��4�a�• � Y � City of Denton ICA — Bicycle Lanes Accommodations - Precinct 1 Page 5 of 7 APPROVED AS TO LEGAL FORM: By: Assistant District Attorney APPROVED AS TO LEGAL FORM: �� r �„"""� � r,� ,., �� ° � . BY� � �"�� M��`�,��"( �.�:��,�'�.-�� N� -__ City �t��:a�.�a��a COUNTY AUDITOR'S CERTIFICATE I hereby certify funds will be available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor City of Denton ICA — Bicycle Lanes Accommodations - Precinct 1 Page 6 of 7 APPROVAL OF INTERLOCAL +�'��I+�T�r�"l°�(�� ,�,��1+:��Nl ��"�' Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project requiring the assignment of responsibility and obligation for engineering and construction of striping, signage, and other improvements to Hercules Lane from Sherman Drive to Locust Street located in the City of Denton, Texas, and Denton County Commissioner Precinct #1, herein gives its specific written approval to the Project prior to beginning the Project in satisfaction of the requirements of the Interlocal Cooperation Act, Texas Government Code Chapter 791, and specifically Texas Government Code §791.014. Total Project cost is estimated to be $100,000.00, and Denton County agrees to contribute an amount which shall not exceed $50,000.00 toward satisfactory completion of the Project. The local governments which requested the Project and with whom the agreement is by and between are Denton County, Texas, and the City of Denton, Texas. By vote on the date below, the Denton County Commissioners Court has approved the project identifed above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date � By: ... . .. ... —. w .................... Presiding Officer of the Denton County Commissioners Court City of Denton ICA — Bicycle Lanes Accommodations - Precinct 1 Page 7 of 7