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HomeMy WebLinkAboutContract 50408 THE STATE OF TEXAS CITY SECRETARY � CONTRACT NO.—50 THE COUNTY OF TARRANT RECEIVED MAR 15 2018 INTERLOCAL AGREEMENT FOR CIN OF FOR?`'' clNSECR.,,,, REGIONAL WET WEATHER CHARACTERIZATION PROGRAM THIS INTERLOCAL Agreement ("Agreement"), effective October 1, 2017 through September 30, 2022, is entered into between the City of Fort Worth ("Participant"), a municipal corporation duly incorporated under the Constitution and laws of the State of Texas acting by and through its respective City Council and the North Central Texas Council of Governments ("NCTCOG"), a political subdivision of the State of Texas acting by and through its Executive Board. NCTCOG and Participant may each be referred to as a "Party", and may be collectively referred to as "Parties"to this Agreement. WITNESSETH WHEREAS, pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"), cities, counties, special districts, and other legally constituted political subdivisions of the State of Texas are authorized to enter into interlocal contracts and agreements with each other regarding governmental functions and services as set forth in the Act; and, WHEREAS, the Parties to this Agreement are required to obtain a Texas Pollution Discharge Elimination System (TPDES) permit, from the Texas Commission on Environmental Quality (TCEQ), to discharge stormwater from their municipal separate storm sewer systems (MS4); and WHEREAS, the Parties to this Agreement are required to comply with the TPDES stormwater monitoring requirements, including monitoring of wet weather events, through direct sampling and analysis; and, WHEREAS, the Parties to this Agreement recognize that meeting this permit requirement can best be achieved through a regional stormwater monitoring program; and, WHEREAS, the Parties to this Agreement have been cooperating and intend to continue cooperating with each other in the regional stormwater monitoring program and other stormwater management activities; and, WHEREAS the NCTCOG has been authorized by its Executive Board to enter into a contract to receive professional environmental services with contractor Atkins North America, Inc. ("Consultant"); and, REAS, the Parties to this Agreement understand that a ment Ino ax obligates any Party to implement any portion of the r6llpftiAg RWM that is �jwffi.kir jurisdiction; CITY SECRETARY 1 FTa WORTH,IrX NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and subject to the conditions herein set forth, the Parties agree and bind themselves as follows: 1. Definitions For purpose of this Agreement: 1.1 Regional Monitoring Task Force ("Task Force") The Task Force, comprised of representatives from participating entities, provides oversight and direction regarding the stormwater sampling activities conducted under the NCTCOG Regional Wet Weather Characterization Program. 1.2 The Regional Stormwater Management Coordinating Council (RSWMCC) is composed of twenty-two (22) representatives from participating entities who provide guidance and oversight through a regional unified approach, address state and federal stormwater quality regulations, and support regional stewardship of the urbanized surface waters of North Central Texas. 2. Purpose The purpose of this Agreement is to allow NCTCOG to engage the services of the Consultant, on behalf of the Participant, to provide regional stormwater monitoring program assistance, in compliance with TPDES stormwater permit requirements, to the Participant, for a term of five years, from October 1, 2017 through Sept 30, 2022. 3. Term This Agreement shall take effect on October 1, 2017 and shall remain in effect until September 30, 2022, unless terminated.earlier, as provided herein. 4. Duties 4.1 NCTCOG will be the administrative agent under the Agreement pursuant to the Act. 4.2 NCTCOG will oversee the Consultant(s), review and approve invoices and progress reports, and coordinate with Participant regarding meetings, schedules, deliverables, and other key project milestones and events. Communication with the Consultant(s) will be coordinated through the NCTCOG. 4.3 Participant will sign a separate "Letter of Authorization" for each consecutive fiscal year, from October 2017 through September 2022, for administration and implementation of stormwater-related activities included in this Agreement. 4.4 NCTCOG and the Participant, through the Task Force, will provide policy guidance for the cooperative program and make recommendations to the governing bodies of the Parties and the superseding RSWMCC. 2 5. Funding 5.1 The approved budget ("Exhibit A") for the Regional Wet Weather Characterization Program for the five-year permit term is $1,822,083. The budget, approved by the Task Force, is cost-shared among Participants. The cost-share amount by year per entity can be found in "Exhibit B." 5.2 NCTCOG will invoice and collect payment from the Participant for the costs projected to be incurred for goods or services prior to the commencement of work to be performed by the Consultant. The Participant shall remit the amount of the invoice to NCTCOG within thirty (30) calendar days of receipt of the invoice. 5.3 Issuance of a Notice to Proceed to the Consultant is contingent on the receipt of a signed Letter of Authorization, funds for the corresponding fiscal year, and this Agreement from the Participant, or as otherwise mutually agreed. 5.4 Each Party paying for services under this Agreement must make those payments from current revenues available to the paying Party. 5.5 In the event that payment of invoiced goods or services is not received by the NCTCOG within thirty (30) calendar days of receipt of the accepted invoice, NCTCOG is authorized to charge the Party interest in accordance with the Prompt Payment Act. Parties that do not pay will not receive the benefits outlined in the Scope of Work, herein. 5.6 This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the funding agencies by NCTCOG dedicated for the purposes of this Agreement. 6. Modification, Waiver and Severability 6.1 This Agreement and any exhibits, which may be attached, constitute the entire Agreement among the Parties and supersedes any and all prior oral and written agreements between the parties relating to the matters herein. No waiver or modification of this Agreement shall be valid unless in writing and signed by both Parties. 6.2 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. 6.3 It is expressly understood and agreed that in the execution of this Agreement neither Party to this Agreement waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 6.4 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, 3 and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6.5 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. 7. Miscellaneous 7.1 Additional political subdivisions within or serving the North Central Texas region may become parties to this Agreement by first obtaining endorsement by the Task Force and the RSWMCC. The prospective Party must also execute this agreement and provide pro-rata funding for the RSWMCC Work Program, and their portion of the cost-share amount for the permit term. 7.2 It is agreed that no Party to this Agreement shall be responsible for the acts of another Party to this Agreement, and each Party participating herein, to the maximum extent allowed by law, indemnifies, releases, and holds all other participating Parties harmless for all acts of its own officers, officials, agents, and employees acting hereunder. 7.3 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. 7.4 Records shall be retained by NCTCOG and the Participant for as long as administratively feasible, but not less than three (3) years, following the closure of the most recent audit report and until any outstanding litigation, audit, or claim has been resolved. 7.5 By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 7.6 Each individual signing this Agreement on behalf of a Party warrants that he or she is legally authorized to do so and that the Party is legally authorized to perform the obligations undertaken. 4 IN WITNESS HEREOF, the Parties have executed this Agreement in duplicate originals on the / `7 qday of City of Fort Worth North Central Texas Council of ve ments n Signature R. Michael Eastland Executive Director all --3-/Z__X-lep Printed Name Date 4il Date Aitch: ExhibitA— Permit Term Budget by Year per Participant (FY18-22) Exhibit B — Cost-share Distribution by Year per Participant (FY18-22) API-(ROVED AS TO NORM AND LEGALITY: scant C!PA�tt,Kicy_ OF FORT A Masted by., v: ?� * _ �. i. Ci Secreta �xAS M&C: (3 OFFICIAL RECORD 1 295• CITY SECRETARY 5 FT.WORTH,TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ChriwnO, Name of Employee/Signature CnVIECYl e-INkI Q, aOe ,.ASoy. Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature EXHIBIT A Regional Wet Weather Characterization Program Permit Term Budget by Year per Participant(FY18-FY22) YEARLY DISTRIBUTION PER ENTITY (FY 18-22) Permit Term Four PARTA: Stormwater Monitoring EntityFY18 FY19 FY20 FY21 FY22Grand Total Arlington $ 68,881 $ 57,417 $ 61,607 $ 57,417 $ 26,216 $ 271,538 Garland $ 80,552 $ 75,152 $ 81,437 $ 75,152 $ 29,552 $ 341,845 Irving $ 68,882 $ 57,417 $ 61,607 $ 57,418 $ 26,216 $ 271,540 Mesquite $ 59,773 $ 53,028 $ 57,218 $ 53,028 $ 22,307 $ 245,354 Plano $ 58,492 $ 46,355 $ 49,498 $ 46,355 $ 22,593 $ 223,293 NTTA $ 59,774 $ 53,029 $ 57,218 $ 53,028 $ 22,307 $ 245,356 Dallas $ 13,434 $ 5,517 $ 18,951 Fort Worth $ 3,9581 $ 3,9581 $ 3,958 $ 3,958 $ 30958 $ 19,790 Total $ 413,7461 $ 346,3561 $ 372,5431 $ 346,3561 $ 158,666 $ 1,637,667 PART B: Biological Monitoring Entity r.+ FY21 FY22Grand Total Garland $11,104 $12,052 $ 12,052 $ 12,052 $ 6,359 $ 53,619 Irving $11,104 $12,052 $ 12,052 $ 12,052 $ 8,322 $ 55,582 Plano $11,104 $12,052 $ 12,052 $ 12,052 $ 8,322 $ 55,582 Dallas $ 7,853 $ 7,853 Fort Worth $ 2,356 $ 2,356 $ 2,356 $ 2,356 $ 2,356 $ 11,780 Total $35,668 $38,512 $38,512 $38,512 $33,212 $ 184,416 Total $ 1,822,083 6 EXHIBIT B Regional Wet Weather Characterization Program Cost-Share Distribution by Year per Participant(Chemical and Biological) YEARLY COST-SHARE DISTRIBUTION PER ENTITY(FY 18-22) Entity FY18 FY19 FY20 FY21 FY22 Arlington $ 68,881 $57,417 $61,607 $57,417 $ 26,216 Garland $ 91,656 $87,2041 $93,489 $87,204 $ 35,911 Irving $ 79,986 $69,4691 $73,659 $69,470 $ 34,538' Mesquite $ 59,773 $53,028 $57,218 $53,028 $ 22,307 Plano $ 69,596 $58,407 $61,550 $58,407 $ 30,915' NTTA $ 59,774 $53,029 $57,218 $53,028 $ 22,307 Dallas $ 13,434 $ 13,370 Fort Worth $ 6,314 $ 6,314 $ 6,314 $ 6,314 $ 6,314' Grand Total:$1,822,083 7 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/6/2018 DATE: Tuesday,March 6,2018 REFERENCE NO.: **C-28608 LOG NAME: 23AUTHORIZATION FOR NCTCOG FY2018 REGIONAL STORMWATER QUALITY SUBJECT: Authorize Execution of Interlocal Agreements and Letters of Authorization with the North Central Texas Council of Governments for the Regional Stormwater Management Program and the Regional Wet Weather Characterization Monitoring Program and Authorize Payment of Costs in the Total Amount of $28,917.00 for Fiscal Year 2017-2018 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Interlocal Agreements with the North Central Texas Council of Governments for the period of October 1,2017 through September 30,2022 for the Regional Stormwater Management Program and the Regional Wet Weather Characterization Programs; 2. Authorize the City Manager to execute a Letter of Authorization with the NCTCOG which sets the City of Fort Worth's annual cost-share of NCTCOG's administrative and implementation assistance for the Regional Stormwater Management Program in the amount of $22,603.00 for Fiscal Year 2017-2018. 3. Authorize the City Manager to execute a Letter of Authorization with the NCTCOG which sets the City of Fort Worth's annual cost-share of NCTCOG's monitoring assistance for the Regional Wet Weather Characterization Program in the amount of$6,314.00 for Fiscal Year 2017-2018. DISCUSSION: Stormwater regulations included in the Clean Water Act pose a significant impact for the DFW metroplex cities to include Fort Worth, Dallas,Arlington,Garland,Irving,Plano and Mesquite;the North Texas Tollway Authority; and the Texas Department of Transportation. Representatives from these entities have worked together for several years through the NCTCOG's Regional Storm Water Management and Regional Wet Weather Characterization Programs to support compliance with stormwater quality permit requirements. Because all of these entities are required to implement many of the same program elements,there is value in cost-sharing and coordinating programs across the Metroplex. The City of Fort Worth entered into an initial Interlocal Agreement with the NCTCOG to provide administrative support for regional initiatives in November 1993. The Interlocal Agreements will continue the programs for an additional five-year period of October 1, 2017 through September 30,2022. The Fiscal Year 2017-2018 Letter of Authorization for the Regional Stormwater Management Program allocates the City of Fort Worth's cost-share in the amount of$22,603.00 for the administrative costs to be incurred by the NCTCOG in support of the regional program and its associated subcommittees. The Fiscal Year 2017-2018 Letter of Authorization for the Regional Wet Weather Characterization Program allocated the City of Fort Worth's annual cost-share at$6,314.00 for inclusion with regional stormwater quality monitoring efforts. This contract will be with a governmental entity, state agency or public institution of higher education:North Central Texas Council of Governments. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget as appropriated in the Environmental Protection Fund. FUND IDENTIFIERS (FIDS): 10 Fund Department Account Project program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Department Account Project Program Activity Budget Reference# Amount Fund ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Cody Whittenburg (5455) Elmer DePaula (7251) ATTACHMENTS No attachments found.