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2000-161 ORDINANCE NO ,~t~SL/(9 / 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 wluch - among other things - requires the preparation of a Growth Management Plan for Lake Ray Roberts, and WHEREAS, the cities will jOllltly hire a consultant to prepare the Growth Management Plan at a cost not to exceed $546,495 w~th Denton's share of the cost being 26%, and WHEREAS, the City Council deems it an the public interest for the City of Denton to participate with the City of Dallas in prepanng the Growth Management Plan for Lake Ray Roberts, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ 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 ~,u0..T. LQ]2L~ 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 ~ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~7~ ~-'-0/ day of ~.~ ,2000 ! JAC~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 INTERLOCAL AGREEMENT LAKE RAY ROBERTS GROWTH MANAGEMENT PLAN STATE OF TEXAS COUNTY OF DALLAS § This Interlocal Agreement (hereinafter called "Agreement")., mad.e .pursuant.to Chapter 791, Texas Government Code, as amended.,~s ,e, nte~d re.to b~ ana b,~ _t~.een ,th_e_ City'of Dallas,,~ Tex_a,,s, municipal corporation, ot ~auas t. ounty, texas, tneremaner referred to as Dallas ) and the City of Denton, a Texas municipal corporation, of Denton County, Texas (hereinafter called "Denton") WHEREAS, this Agreement involves governmental functions that each party individually can perform, and made from current revenues avallaole to it anli such payment for the services and functions performed by it In consideration of the mutual pr,on'uses, covenants and conditions contained m this Agreement, Dallas and Denton agree to the following (1) The purpose of this Agree .m, en~s to .s, ta,te~ ~_h_e_t_e_rn~_s_,an~CnO~odri~Oa~ ~nadve~o~r~sh 1st in re ann me ~_,rowm ,Denton .shall .a,,s_s~ .,__ ,~,Jd'..p..a.,~. ~,~.,,aoement Plan./~l~e Growth Management Plan. will /n.e.remaner.c.aueu u2~. '~"~:'_"'_::'_'i:i~P ..... -*l,~n aevelooment and growth l~uldennes aaaress ana formulate water cl~llt~, for Lake Ray Roberts (hereinafter callea 'tn.e la~lce agree that the consultant's scope of work for the ~rowtn Management ¥1an is aescmveu in Exhibit A, which is attachec[ to and made a part of this Agreement (2) The Environmental Compliance Manager (hereinafter referred to as "Manager"), shall be responsible for the general admm,!stratlon of this Agreement, and shall be responsible tot the administration of Denton s responslblhtles under this Agreement (3) Dallas agrees to award and admmmter, in consultation with Denton, a contract with the consu[iant to perform the Growth Management Plan development Dallas and Denton both acknowledge thmr vartlcmatlon m the consultant selection process and will mutually agree upon the consul{ant to'be selected Dallas agrees that it will tunely make a mnts ~n acc6rdance with the terms and conditions of the consultant contract and P. aY!. ? ,_,_ ~ .... ~ .... ment of consultant contract vrovimons T.he total l~a~m' ~o}et~Pe°c~si°iltal; c;'~t'tiii~ to be awarded shall not exceed $546,495 O0 (ttus sum does not include the portion of the contract in which Dallas will utilize the consultant to perform work in connection with Lake Ray Hubbard, 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 · month durra the term of the consultant contract, to reunburse Dallas for ~dmg. each g f 26% of each Denton's share of the consultant contract expenses, in the amount o monthly invoice submitted by the consultant The 26 Yo amount represents Denton s share of the consultant contract costs (which share shall not exceed $142,089) Denton shall submit each payment to Dallas wlthm 20 days after Denton's recel]vt of a copy of the consultant's invoice as provided by Dallas Submission by Dallas of the consultant's invoices to Denton shalJ constitute its assurance that the consultant has satisfactorily performed the services covered by the invoice m accordance with the consultant's contract Dallas' share of the consultant contract cost (not mcludmg 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 becatise one of the parties desires to increase the scope of work to address ~PoeClfic concerns of that party r.elated to the Growth Management Plan or Lake Ray berts, or otherwise perform work solely for the benefit of thatparty, the party requestmg the increase in scope of w.ork shall pay 1.0.0% o_f t.h,e add}t~na.1 cost If adaltlonaIfundlng is needed for any other reason, anc~ Doth Dallas anc~ taemon agree that addlhonal f~dmg m necessa~, Dallas and Denton agree to share m the addit~onal costs as follows Dallas - 74% of the total additional cost, Denton - 26% of the total additional cost Denton shall provide such fundmg within twenty (20) days a.fter recelp.t of a copy of the consultant mvoice as provided by Dallas Changes to the Agreement requiring an mcrease in funding from elt. heriParty ?hal.1._.be.,made. o..nly, pursuant to supplemental agreement approved by the City Counclm ot L~al~as ano L~enton (6) The term of this Agreement shall begin on the date, of its. exec.ut, lon: an~n~ndt upon final approval by Da31as and Denton of the consultant s worx ano tmal pay of the consultant by Dallas (7) To the extent information developed by the consultant developing t.he Gro. wth Management Plan can be kept confidential under Texas law, reports, mtormatlon, proJect evaluation, data or any other documentation developed by, g~ven to, prepared by or assembled by the consultant developmg the Growth Management Plan shall not be disclosed or made available by either party to any mdivldual or organization (other than the Corps of Engineers or the State of Texas Parks and Wildlife Department) without the ex, pressed prior written approval of the other party If a party ~s reqmred to d~sclose this lnformahon as the result of a request made under the Texas Public Informatmn Act (Chapter 552 of the Government Code), such disclosure shall not constitute a breach of ttus agreement (8) The work product dehverables and related documents of the Growth Management Plan consultant shall be considered lomt 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 reformation make pursuant to the Texas Public Ihformahon Act or the Federal Information Act shall be the responsibility of Dallas (9) Either party may termmate flus Agreement for convenience upon sixty (60) days advance written not~ce to the other party, with the understandmg that all services being performed under the consultant contract for the Growth Management Plan shall also be termmated by the date specified in such notice To the extent that the Growth Management Plan consultant ~s owed compensation, Dallas may use avmlable funding, Lake Ray Rol~rts - Interlo~ A~reement 2 including that contributed by Denton, to pay the consul, t_ant for services satisfactorily rendered- m accordance with the terms of the consultant s contract prior to the date of termma~lon (10) All notices, communications, and reports required or permitted under this Agreement shall, be personally_ delivered or malle~i to the respective parties by deposltinR same in the Umted States mall, postage Ivrer~ald, at the addresses shown betow, un'less and until eitherparty is otherwise notlhect m writing by the other party at, the following addresses M'mled notices shall be deemed communicated as otfive days after mailing If intended for Dallas, to Terrace Stewart Director, Dallas Water Utllihes City of Dallas C~ty Hall - Room 4/a/North 1500 Manila Street Dallas, Texas 75201 If intended for Denton, to Juhe Smith Environmental Compliance Manager C~ty of Denton 21~E McKmney Street Denton, Texas 76201 (11) Thru Agreement is made, su. bje~ to. the l~ro.v.mlo..ns, of th.e~Ch, arte, r,s and ordinances of Dallas and Denton, as amenc~ect, anct att appncavte ~rate anc~ ~ec~erai laws (12) This A~;reemen. t shall be g.o?rned by and construed in accordance with the laws and court decmions of the State ot lexas (13) In case any one of more of the provls~ons contained m t~s Agreement shall for any reason be heId to be mvahd, illegal, or unenforceable m any respect, such mvahdity, illegality, or unenforceablhty, shal! not affect any other provision thereof and this Agreement shall be considered as ff such mvahd, tllegal, or unenforceable prowsion had never been contamed ~n ttus Agreement (14) Thru Agreement may be executed m any number of counterparts, each of wtuch shall be deemed an omgmaland constttute one and the same instrument (15) This Agreement embodies the complete agreement of the parties hereto, superseding all oral and wmtten previous and contemporary agreements between the part~es, relating to matters m ti'us Agreement and cannot be, mod~.fl,ed, except .as ,m.~ay otherwise provided m flus Agreement, without wmtten supplemental agreement ot me part~es to Be attached to and made a part of ti'us Agreement (16) When completed, a true, complete and correct copy of the Growth Management Plan w~ll be attac~ed to and made a part of that certain Park Management ~dontract Lake I~y R0b~ts lnt~rlocal Agreement 3 between Texas Parks and Wildlife Department and the Cities of Dallas and Denton, Texas, as supplemented EXECUTED flus the day of ~, 2000, by Dallas, signing by and through its Ctyi Mana er, duly authonzed to execute same by_ Resolution No ,adopted. by the City ~o~unol on ,2000, and by Denton slRnmg by and through its City Manager, duly authorized to execute same by Resolutlon~XIo , adopted by the C~ty Council on ,2000 APPROVED AS TO FORM CITY OF DALLAS MADELEINE B JOHNSON TEODORO J BENAVIDES City Attobney City Manager BY BY City Manager Assistant City A~i APPROVED AS TO FORM CiTY OF DENTON MICHAEL W JEZ Lake Ray Robe~ - lnterlocal Agreement 4