HomeMy WebLinkAboutContract 44107 (2)INTERLOCAL AGREEMENT
GREENPRINTIOR G PROGRANPITY SECRETARY lin
CONTRACT NO.
THIS MASTER INTERLOCAL AGREEMENT ("ILA" or "Agreement"), made and entered into pursuant to the
Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North
Central Texas Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business
at 616 Six Flags Drive, Arlington, Texas 76011, and the City of Fort Worth, a local government, a state agency, or a
non-profit corporation created and operated to provide one or more governmental functions and services, het einafter
referred to as "Pal ticipant," having its principal place of business at 1000 Throckmorton, Fort Worth, Texas 76102.
WITNESSETH
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating
under Chapter 391, Texas Local Government Code; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental
functions and services, including the purchase of goods and services; and
WHEREAS, in reliance on such authority, NCTCOG has instituted a process for Greenprinting Program Services,
hereinafter referred to as "Greenprinting Program Services" under which it contracts with eligible entities under
the Act; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that its governing body has
authorized this Agreement onSAO/41A (k' ' i (Date), and that it desires to contract with
NCTCOG on the terms set forth below; and -)
WHEREAS, NCTCOG's Executive Board approved a resolution to provide these services through interlocal
agreements at its December 21, 2006 board meeting;
NOW, THEREFORE, NCTCOG and the Participant do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and N-varrants to NCTCOG that it is eligible to contract with NCTCOG under the Act for
the put poses recited herein because it is one of the following: a local government, as defined in the Act (a county, a
municipality, a special district, or other political subdivision of the State of Texas or any other state, or a
combination of two or more of those entities), a state agency (an agency of the State of Texas as defined in Section
771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created
and operated to provide one or more governmental functions and services, and it possesses adequate legal authority
to enter into this Contract.
ARTICLE 2: SCOPE OF SERVICES
a. NCTCOG shall contract with the Trust for Public Land ("TPL") to provide Greenprinting Program Services
in accordance with the Scope of Work. The purpose of this agreement is for provision of services to provide
for a strategic planning process and related material for the Lake Worth watershed shown on Exhibit A.
NCTCOG agrees that the amount Participant shall be responsible for to pay for these services shall not
exceed $268,665.
b. NCTCOG shall administer, manage the TPL contract, and assist in completion of the Greenprinting project.
As compensation for such services, NCTCOG will use the $48,000 that was retained by NCTCOG from the
original Lake Worth Project. The original Lake Worth project has been discontinued, and the funds will be
transferred to the new, active Lake Worth Greenprinting project account. NCTCOG's responsibilities
include: contracting with TPL, administering expenditures, facilitating meetings, providing data, and assisting
TPL and Participant with various reports, studies, and analyses. Specific NCTCOG tasks may include:
• Develop a Contract with TPL for Lake Worth Watershed Greenprinting activities that are consistent with
the Scope of Work attached as Exhibit B, and approved by Participant prior to final execution
• Administer the transfer of up to $268,665 from Participant to TPL for program services
• Assist TPL with project launch, data gathering, and a Current Conditions Analysis (e.g help review
current and past planning efforts across the watershed, develop a project profile, assist TPL in conducting
interviews with municipal and public watershed stakeholders)
• Assist TPL and Participant with public outreach and education (e.g. help craft key conservation messages
and deliver to the public)
• Att -: ,. steering Committee meetings) and assist TPL in facilitating a series of meetings (e.g.
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Interlocal Agreement - 8/13/2012
Stakeholder Group meetings, Technical Advisory Team meetings, implementation workshops)
• Assist TPL with conservation maps (e.g. provide data)
® Revie\\ and provide input on research and reports as needed (e.g. Current Conditions Analysis, Public
Opinion Research, Conservation Maps, Level of Service Analysis Report, Final Report)
ARTICLE 3: PAYMENTS
Upon delivery of goods or services purchased and presentation of a properly documented invoice, the Participant
shall promptly, and in any case within thirty (30) days, pay NCTCOG the full amount of the invoice. All payments
for goods or services will be made from current revenues available to the paying party. In no event shall NCTCOG
have any financial liability to the Participant for any goods or services Participant procures through its Greenprinting
Program Services program.
ARTICLE 4: PERFORMANCE PERIOD
This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed
and will remain in full force and effect for sixteen (16) months. Any modification of this Agreement must comply
with the requirements of Article 5 below.
ARTICLE 5: CHANGES AND AMENDMENTS
This Agreement may be amended or extended only by a written amendment executed by both parties, except that
any alternations additions, or deletions to the terms of this Agreement which are required by changes in Federal and
State law or regulations are automatically incorporated into this Agreement without written amendment hereto and
shall become effective on the date designated by such law or regulation.
ARTICLE 6: TERMINATION PROCEDURES
NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon thirty (30) days prior
written notice by certified mail to the other party to this Agreement. The obligation of the Participant to pay for any
Services or Products purchased under this Agreement, shall survive such cancellation as well as an} other
Participant costs incurred prior to the effective date of the cancellation. Upon notice by Participant, NCTCOG shall
immediately notify TPL and terminate services foi this project.
ARTICLE 7: APPLICABLE LAWS
NCTCOG and the Participant agree to conduct all activities under this Contract in accordance with all applicable
rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement.
ARTICLE 8: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such
determination shall not affect any other term of this Agreement, which shall continue in full force and effect.
ARTICLE 9: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within
the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor,
riot, fire, flood, acts of war, insurrection, accident, order of any court act of God, or specific cause reasonably
beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the
performance of such obligation or duty shall be suspended until such disability to perform is removed; provided,
however, force majeure shall not excuse an obligation solely to pay funds.
ARTICLE 10: WHOLE AGREEMENT
This Agreement and any attachments/addendums, as provided herein, constitute the complete contract between the
parties hereto regarding the subject matter herein described, and supersede any and all prior oral and written
agreements between the parties r elating to the matters herein.
ARTICLE 11: MISCELLANEOUS
a. ['his Agreement has been made under and shall be go\erned by the laws of the State of Texas. Venue and
jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie
exclusively in Tarrant County, Texas.
b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their
respective entities.
c. This Agreement and the rights and obligations contained herein may not be assigned by either party without
the prior written approval of the other party to this Agreement.
Interlocal Agreement - 8/13/2012
THIS INSTRUMENT HAS BEEN EXECUTED IN TRIPLICATE BY THE PARTIES HERETO AS
FOLLOWS:
North Central Texas Council of Governments
Greenprinting Program Services
616 Six Flags Drive
Arlington, Texas 76011
Mike Eastland
NTCOeutive Dire
Signa/ure of Executive Director or Designee
Date:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Fernando Costa, Assistant City Manager
Name & Title of Authorized Official or Designee
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Interlocal Agreement - 8/13/2012
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Exhibit B — NCTCOG/CFW Greenprinting Project ILA
Scope of Work
The Trust for Public Land will work with NCTCOG and the City of Fort Worth to complete
a strategic planning process similar to the Travis County Greenprint, but focused on the Lake
Worth watershed (about 94 square miles).
There are a number of objectives for this project:
• Create a strategic plan and related maps that identify the lands that are most important
for Lake Worth's water quality, as well as other related community driven open
space/conservation goals The Greenprint will identify the places that are important to
conserve, which also helps to suggest where growth will be most strategic (away from
sensitive resources).
• Take into account plans already complete or underway — such as the trail alignment
study for Lake Worth and the Lake Worth Vision Plan. The latter document
encompassed the areas adjacent to the lake, and identified a number of goals that
could be mapped and prioritized through a Greenprint, such as the best places for
water quality protection, wildlife habitat preservation, access to the lake, and
recreation (e.g. trails, water based recreation, and camping were mentioned
specifically). Also, with an expanded study area, there will likely be other important
goals emerging, such as preservation of critical working lands; connecting the
proposed lake trail with other neighborhood trails; and identifying and protecting
important historical resources (such as the Civihan Conservation Corps era structures
on the lake).
• Help the city evaluate the importance of the land it currently owns in the watershed.
Once the maps are complete, the City will be able to evaluate how well each parcel
meets the community -based objectives set during the Greenprint process. For
example, the question has been raised: is all of the property currently owned by the
Fort Worth Water Department high priority land for water quality protection, or is
there other land in the watershed that would be more important for conservation to
help assure long term water quality while facilitating trail access between future
neighborhoods and the lake? The Greenprint parcel prioritization tool will allow a
user to compare parcels to make critical resource allocation decisions. Also, the maps
will be in digital format and made available on an on-line mapping site so that they
can be updated regularly and remain a relevant tool over time for this sort of
evaluation.
• Provide information about conservation easements (CEs) to potential partners in an
effort to make CE opportunities more widely understood and employed where
appropriate. CEs are one tool that help to guarantee the long term sustainability of
Exhibit B — NCTCOG/CFI'V Greenpr•inting Project ILA Scope of Work 1
political jurisdiction) and original research. TPL's head Conservation Economist will lead
this task.
Schedule: Months 1-3
Deliverables: Fiscal impact analysis
Task Three
Public Outreach and Education
For this task we will work on conducting targeted outreach around conservation, including
sharing results from the Fiscal Impact Study described above. This task could also include
education regarding upcoming water quality concerns (those afflicting other water bodies in
the region). The Project Team will coordinate with Fort Earth Sustainable Messaging, as
appropriate. This task will entail working with the Steering Committee to craft 1-3 key
messages and then coordinating media placement (whether through story placement or ad
placement) to deliver those messages to the public.
Schedule: Months 4 — 5
Deliverables:
2-3 conference calls with local partners
3rd Steering Committee (Month 4)
Press Releases and press packets
Press Relations
Task Four
Community Goal Setting
The Project Team will work with the Steering Committee and participating communities and
organizations to identify a Stakeholder Group. The Stakeholder Group will represent the
broad range of conservation, open space, land use, and economic development interests
across the water shed. Community goal -setting can be done by the stakeholders, or we can
organize separate public listening sessions if more people need to be engaged as part of the
decision -making. For this proposal, we have assumed 4 listening sessions will be held
throughout the watershed.
The stakeholders will review and refine the results of the public meetings (if separate
listening sessions are held) and other public opinion research to reach consensus on a concise
set of goals and criteria that accurately reflect the `quality of place" and water quality
interests in the watershed. This will include classifying the criteria and ranking the goals in
order of importance. The Stakeholder Group will also work together to identify a Technical
Advisory Team made up of local, state, and federal scientific and technical experts to aid in
the gathering and interpretation of relevant data.
Schedule: Months 4 —7
Deliverables:
Stakeholder Meeting 1 (Month 4)
Exhibit B — NCTCOG/CFPV Greenprinting Project ILA Scope of'YVork 3
will be performed The Project Team will meet with the TAT and with the Stakeholder
Group again to get their final sign -off on the model as presented.
Schedule: Months 8 - 11
Deliverables:
Develop the GIS model outline
Conduct a data inventory
Compile the data
Construct GIS analysis models and baseline maps
[This will include 3-4 conference calls with the Technical Advisory Team]
Stakeholder Meeting 3 (Month 11)
Task Seven
Level of Service Analysis Report
The Project Team will develop an open space "level of service" standard for the City of Foit
Worth using stakeholder input. This will define the level of parks and open space infrastructure
that Fort Worth wants to build, in order to provide the quality of life necessary for the city to be
competitive with other communities in the country in terms of economic development and
community enhancement. A key component of the Level of Service Analysis is finding
comparable study areas for analysis purposes and we will seek input from the Steering
Committee to vet comparable cities.
Schedule: Months 10 - 12
Deliverables:
Open space "level of service" report
5th, Steering Committee Meeting (Month 12)
Task Eight
Conservation Funding Research
TPL works with government agencies and communities to identify and generate funds for
conservation from federal, state, local, and philanthropic sources. Our Federal Affairs staff
works with Congress and administration officials to secure federal funding. TPL's
Conservation Finance team will play a key role in helping city leaders develop funding to
implement watershed plan recommendations. Our Conservation Finance Pi ogram helps
states, counties, and municipalities design legislation and ballot measures that will dedicate
public funds for land conservation. Our professionals have skills and experience to identify
the right funding sources and amounts, and to structure measures aligned with public
priorities.
Our Project Team will develop a Conseivation Finance Resource Options Report. The results
of the report will be discussed at an implementation woikshop. At this woikshop, TPL's
Finance Team will discuss with the city, the water department, the county, and other
participants the funding alternatives and the political and financial feasibility of each.
Schedule: Months 10 12
Exhibit B NCTCOG/CFW Greenprinting Project ILA Scope of Work 5
Task Eleven
Parcel Prioritization
The Project Team, in consultation with the Steering Committee, will determine whether and
how criteria will be used in prioritizing individual parcels with the use of the Municipalities'
and County tax map information. A supplemental criteria matrix will be developed if
appropriate. The criteria model will be N alidated and refined to meet the needs of the
participating communities and customized report tools will be developed for the parcel
priorities if digital parcel data is available The Project Team can apply landscape based
criteria of particular funding programs to help identify the parcels that are most apt to meet
the funding criteria of the particular program.
Schedule: Months 12 - 13
Deliverables:
Develop parcel prioritization with key target implementers
Task Twelve
On -Line Mapping Site Creation and Training
The Project Team will launch and support an on-line mapping site, including both public and
limited -access versions. The latter will include an interactive mapping Web site foi review,
queiy sharing and printing maps by invited partners to further their respective conservation
priorities. This task will also include up to 4 training sessions for interested partnering
organizations. TPL can offer a 2 year contract for website updates, maintenance and support,
with the option to extend.
Schedule: Month 14 - 15
Deliverables:
On-line mapping site launch
Up to 4 training sessions for interested partnering organizations.
2 year contract for website updates, maintenance and support.
Task Thirteen
Conservation Implementation
TPL will work with partners to present this vision to the elected leadership in the region, and
we will work with partner organizations to support the implementation of the acquisition and
capital improvement needs in the region. This will include hosting a few one-on-one and
group woikshops related to conservation easements and local land trust capacity for
partnering to implement this plan.
Schedule: Month 16
Deliverables:
3 in -person presentations to local governments
3 one-on-one or small group woikshops
Exhibit B NCTCOG/CFT'V Greenprinting Project ILA Scope of Work 7
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/8/2013 - Ordinance Nos. 20560-01-2013 & 20561-01-
2013
DATE: Tuesday, January 08, 2013
LOG NAME: 06LAKE WORTH GREENPRINTING STUDY ILA
SUBJECT:
Authorize Execution of an Interlocal Agreement with the North Central Texas Council of Governments in
the Amount of $268,665.00 Plus a Contingency of $25,000.00 to Conduct a Natural Resource Assessment
Also Known as a Greenprinting Study of the Lake Worth Watershed and Adopt Appropriation Ordinances
(COUNCIL DISTRICT 7)
RECOMMENDATION.
It is recommended that the City Council:
REFERENCE NO.: **C-26033
1. Authorize the City Manager to execute an Interlocal Agreement with the North Central Texas Council of
Governments to prepare a Natural Resource Assessment also known as a Greenprinting Study of the
Lake Worth Watershed in the amount of $268,665.00, plus a contingency of $25,000.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Lake Worth Gas Lease Capital Improvement Fund in the amount of $293 665.00 from Gas Well
Revenues;
3. Authorize a transfer in the amount of $293,665.00 from the Lake Worth Gas Lease Capital
Improvement Fund to the General Fund; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
General Fund in the amount of $293,665.00.
DISCUSSION:
In 2011, (Resolution No. 3985-05-2011) the City Council adopted the Lake Worth Vision Plan and
incorporated it by reference into the Comprehensive Plan. The Lake Worth Vision Plan seeks to
accommodate future growth within the Lake Worth watershed while protecting water quality and providing
for future recreational opportunities within the watershed A principal recommendation of the Lake Worth
Vision Plan was to conduct a science -based assessment of the Lake Worth watershed.
The North Central Texas Council of Governments (NCTCOG) recently contracted with the Trust for Public
Land to conduct assessments of Lake Lewisville West and Lake Arlington watersheds. These watershed
assessments employ a technique developed by the Trust for Public Land called Greenprinting, which uses
a systematic, science -based approach to identify the specific target areas within a watershed that offer the
greatest potential benefit for water quality protection, recreation, and wildlife habitat protection.
An Interlocal Agreement has been created to authorize NCTCOG to expand its existing contractual
relationship with the Trust for Public Land to perform a Greenprinting study of the Lake Worth Watershed
Logname: 06LAKE WORTH GREENPRINTING STUDY ILA Page 1 of 3
Oriainatina Department Head:
Additional Information Contact:
Randle Harwood (6101)
Eric Fladager (8011)
Paul Bounds (8567)
ATTACHMENTS
1. 06LAKE WORTH GREENPRINTING STUDY ILA_C246 REVISED A013.doc (Public)
2. 06LAKE WORTH GREENPRINTING STUDY ILA GG01 REVISED A013.doc (Public)
3. Attachment A Lake Worth Watershed Mariontx (Public)
4. Available Funds 06LakeWorth 120712.Ddf (CFW Internal)
Logname: 06LAKE WORTH GREENPRINTING STUDY ILA Page 3 of 3