HomeMy WebLinkAboutItem 14 - Lake Grapevine I L.. III :# i i
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: FEBRUARY 5, 2013
SUBJECT: LAKE GRAPEVINE RESERVOIR ACCOUNTING PLAN
INTERLOCAL AGREEMENT & ENGINEERING SERVICES
CONTRACT
RECOMMENDATION:
City Council consider approving an Interlocal Agreement with the City of Dallas and the
Dallas County Park Cities Municipal Utility District relative to the ongoing Accounting Plan
for Grapevine Lake and approving an Engineering Services contract with CP&Y, Inc. to
perform the accounting services, authorize staff to execute said agreement and contract,
and take any necessary action.
FUNDING SOURCE:
Funds are programmed annually in the Utility Division Operating Budget account 200-
44540-530-2.
BACKGROUND:
The Grapevine Lake Reservoir Accounting Plan tracks the three cities' usage of water from
the lake against their water rights. This plan, approved by the TCEQ, has been an ongoing
process for many years. CP&Y, Inc. has provided those services to the City of Grapevine
and the other two water rights holders on the lake.
The contract with CP&Y, Inc. has exhausted its original two-year period and the
subsequent four renewal periods. The proposed contract contains the same terms from
the original contract for a two-year period with four renewal periods.
The Interlocal Agreement mirrors the original agreement it initial period of 24 months
with four additional, two-year renewals.
The three parties agree to split the monthly costs equally between the parties.
Staff recommends approval.
RAAGENDA12013102-05-131Lake Accounting Pian.doc January 15,2013 (4:06:20 PM)
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INTERLOCAL AGREEMENT FOR
LAKE GRAPEVINE RESERVOIR ACCOUNTING PLAN
THE STATE OF TEXAS H
COUNTIES OF TARRANT
And DALLAS H
THIS AGREEMENT, is made and entered into by the CITY OF GRAPEVINE, TEXAS, a Home
Rule municipal corporation, hereinafter referred to as "GRAPEVINE", the CITY OF DALLAS,
TEXAS, a Home Rule municipal corporation, hereinafter referred to as "DALLAS", and the
DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT, a general law municipal utility
district, hereinafter referred to as "PARK CITIES", each acting by and through its duly appointed
representative:
WITNESETH:
WHEREAS, GRAPEVINE, DALLAS, and PARK CITIES (hereinafter collectively referred to as
the "Parties") are holders of water rights in the Lake Grapevine Reservoir, and
WHEREAS, the Texas Commission on Environmental Quality has approved a Lake
Grapevine Reservoir Accounting Plan, which provides for the apportionment of the Lake
Grapevine water supply between the Parties; and
WHEREAS, the Parties are desirous of contracting for the services of administering the Lake
Grapevine Reservoir Accounting Plan, and
WHEREAS, the Parties desire to enter into this agreement to administer the Lake Grapevine
Reservoir Accounting Plan in accordance with the terms and conditions set forth herein, and
WHEREAS, all payments to be made hereunder shall be made from the current revenues
available to the paying party; and
WHEREAS, the Parties have concluded that this Agreement fairly compensates the
performing party for the services being provided hereunder; and
WHEREAS, the Parties believe that this Agreement is in the best interests of the Parties; and
WHEREAS, this Agreement has been approved by the governing bodies of the Parties; and
WHEREAS, this agreement shall be in conformance with Chapter 791 of the Texas
Government Code, more commonly known as the "Interlocal Cooperation Act".
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF
WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE
FOLLOWING:
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Section 1. All matters stated above in the preamble are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. Term. This agreement shall be for a second term of twenty four (24)
months commencing on February, 2013, and ending January, 2015,
and may be extended thereafter for up to four (4) additional two (2) year
periods by mutual consent of the Parties. However, in accordance with the
Texas Interlocal Cooperation Act, this Agreement shall be subject to
approval by the governing bodies of the Parties on at least an annual basis
in order that it shall remain in force and funds budgeted therefore.
Section 3. Scope of Services. GRAPEVINE hereby agrees to provide the following
services: GRAPEVINE shall solicit proposals for and retain the services of
a qualified firm to administer the Lake Grapevine Reservoir Accounting
Plan, in accordance with the requirements of State law. Grapevine shall
provide all proposals to Dallas and Park Cities and upon mutual
agreement with the agreed upon Service Provider, GRAPEVINE shall
enter into an agreement substantially in the form of Attachment "A" which
is incorporated herein by reference. During the Second Term, it is hereby
agreed by the parties that CP&Y Inc. is the agreed upon Service Provider.
As the contracting party, GRAPEVINE shall be responsible for performing
its obligations under the agreement contained in Attachment A, subject to
the adherence of the Parties to the terms of this Agreement.
Section 4. Obligations of the Parties. The Parties agree to pay the for services of
the contractor selected by Grapevine on a equal basis, 113 each for
services included within the Scope of Services of Attachment A, in
accordance with and subject to the terms of the agreement in Attachment
A. Special consulting services under Attachment A, shall be paid solely by
the party requesting such special services.
Section 5. Cancellation. Any party shall have the right to terminate this agreement
by giving written notice to the other party at least thirty (30) days prior to
such termination. All payments by the Parties shall continue until the
cancellation date is reached unless a mutual agreement to the contrary is
reached.
Section 6. Notices. All written notices shall be sent to the following parties by
certified mail—return receipt requested:
DALLAS GRAPEVINE
Director of Water Utilities John S. Laster, P.E.
City of Dallas Director of Public Works
1500 Marilla City of Grapevine
Room 4AN P.O. Box 95104
Dallas,TX 75201 Grapevine,TX 76099
DALLAS COUNTY PARK CITIES
MUNICIPAL UTILITY DISTRICT
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Larry McDaniel
General Manager
1811 Regal Row
Dallas, TX 75235
Section 7. Venue, Venue for any legal dispute arising pursuant to this agreement
shad fie in Dallas or Tarrant County, Texas.
Section 8 The Parties mutually agree that the Service Provider with which
GRAPEVINE contracts for the administration of the Lake Grapevine
Reservoir Accounting Plan is an independent contractor, and shall have
exclusive control of the performance of the agreement attached hereto as
Attachment A, and that employees of such Service Provider are iiiri no way
are to be considered employees of the parties.
Section 9 This Agreement may only be modified, changed or altered at any time,
upon mutual agreement of parties, provided that any such modification,
change and/or alteration be reduced to writing, and approved by the
governing bodies of the Parties.
IN WITNESS WHEREOF, we have hereunto set our hands this the day
Of , 2013, in triplicate originals.
CITY OF GRAPEVINE, TEXAS CITY OF DALLAS, TEXAS
By: Bruno Rumbelow By: Mary Suhm
City Manager City Manager
ATTEST: ATTEST:
By: Jodi Brown By:
City Secretary City Secretary
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APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney City Attorney
DALLAS II
MUNICIPAL TILT TY DISTRI
: Larry McDaniel
General Manager
By:
APPROVED AS TO FORM:
By:
General Counsel
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