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HomeMy WebLinkAboutContract 50554 A� Jel �( \\J CITY SECRETARY' ATE OF TEXAS CONTRACT NO. b�S�- CRY THE COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR REGIONAL STORMWATER MANAGEMENT PROGRAM THIS INTERLOCAL Agreement ("Agreement") effective October 1, 2017 through September 30, 2022, is entered into between the City of Fort Worth, a municipal corporation duly incorporated under the Constitution and laws of the State of Texas acting by and through its respective City Council; the North Central Texas Council of Governments ("NCTCOG'), a political subdivision of the State of Texas acting by and through its Executive Board; and other governmental entities consenting hereto, 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, NCTCOG has been coordinating a Regional Stormwater Management Program with local governments to gather data and information, perform analyses, and develop programs to address stormwater quality issues affecting the waters of North Central Texas; and, WHEREAS, the inclusion of other entities in a regional strategy to address stormwater quality issues will benefit not only the new participants, but also those that have been participating in the regional program in the past; and, WHEREAS, the parties to this Agreement understand that entering into this Agreement in no way obligates any party to participate in any joint project without the express approval of the party; 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 foilpws o OFFICIAL RECORD g d' a CITY BBCRITAW FT.WORTN,TX . 1 ARTICLE 1. -PURPOSE OF AGREEMENT The purpose of this Agreement is to accomplish a broad range of objectives that may include, but are not limited to, the following: • Assist with development of an expanded, comprehensive, and coordinated regional strategy for managing stormwater in North Central Texas. The work program for fiscal year 2018 is attached to this Agreement as "Exhibit A." The work program will be amended and approved each fiscal year. • Identify and facilitate opportunities for regional cooperation that will assist participants in meeting state and federal requirements for improving water quality. • Assist with development of annual stormwater management plans and programs and performance reports, as may be required by USEPA and/or TCEQ. • Identify and pool local funds for joint projects among two or more parties where interest is not shared with all participants. • Provide regular forums for communication and discussion to share and advance ideas on the regional strategy and to share up-to-date information--such as new state and federal regulations on water quality related issues; examples of stormwater permits and programs from across the state, USEPA Region 6, and elsewhere; and to present cooperative successes whenever opportunity arises at state and national conferences. • Continue the cooperative monitoring program—funded by Phase I participants for implementation of a regional monitoring network to meet permit requirements; analyze and report monitoring results; and explore opportunities for an expanded cooperative monitoring program in future years to address future needs. • Coordinate training opportunities—such as the Dry Weather Field Screening Training and other opportunities as they arise. • Continue to use NCTCOG's Regional Geographic Information System capabilities to address special needs upon request--such as delineating watersheds and subwatersheds, tracking illicit connection/illegal dumping remediation activities, accessing new data coverages, and/or mapping storm drain outfalls and storm sewer systems. • Engage consultant assistance, as necessary and as requested by participants, to conduct more detailed technical studies on selected issues. • Undertake other activities relating to the Regional Stormwater Management Program as identified by the work program and/or Regional Stormwater Management Coordinating Council. ARTICLE 2. -ADMINISTRATIVE AND POLICY STRUCTURE The administrative and policy structure under this Agreement is as follows: • A Regional Stormwater Management Coordinating Council will provide policy guidance for the cooperative program and make recommendations to the governing bodies of the parties. Due to their heavy involvement in NPDES and TPDES permitting activities, both past and present, and their larger geographic coverage, each of the ten TPDES Phase I parties to this 2 Agreement will be entitled to appoint one senior staff as a voting representative to the Regional Stormwater Management Coordinating Council. Four major watershed areas have been delineated in the region that encompass the Metroplex local governments. Additional participants in the regional program can appoint up to three voting representatives from their respective watershed area to the Regional Stormwater Management Coordinating Council. If a community or entity exists outside of these divisions they will be represented within the Mainstem watershed. NCTCOG will be a non-voting member on the Council. Regional Stormwater Management Coordinating Council 22 members+NCTCOG sta 10 Phase I Representatives 12 Additional Watershed Representatives Arrington,Dallas,Fort Worth,Garland Irving,Mesquite,Plano,TxDOT-Dallas District, 3 Representatives from each of TxDOT-Fort Worth District,North Texas Tollway 4 watershed areas:East,Elm,Main,West Authority • The Regional Stormwater Management Coordinating Council may appoint whatever additional supporting subcommittees it deems necessary and desirable. • NCTCOG will be the administrative agent under the Agreement pursuant to the Intergovernmental Cooperation Act. NCTCOG will submit an annual coordinated work program and budget for Regional Stormwater Management Coordinating Council approval. The Coordinating Council will approve the basis for determining the annual share of contributions for NCTCOG administrative and technical services by each party with cost allocations to be determined through Coordinating Council consensus. A separate "Letter of Authorization" for each consecutive fiscal year from October 2017 through September 2022, will be obtained for administration and implementation support of stormwater-related activities included in this Agreement. The approved budget for the Regional Stormwater Management Program for fiscal year 2018 is $314,000. This budget is cost-shared among participants. Cost share allocations for fiscal year 2018 are attached to this Agreement as "Exhibit B." The budget will be approved and cost shares will be allocated each fiscal year. • Each work element beyond NCTCOG administrative and technical services will be cost- shared by one or more interested parties to this Agreement under whatever basis is appropriate to that work element. The cost for any additional NCTCOG support beyond the annual administrative and technical services will also be incorporated into the work program. • This Agreement in itself does not obligate participating parties to cost-share any work elements proposed as part of the annual work program. Annual funding commitments for participating parties will be secured separately from this Agreement as part of the annual process for developing a work program and budget. • This Agreement is recognized as a supplemental level of service, and is not intended to duplicate or diminish the products, assistance, representation, or services received by participating entities through NCTCOG membership. • The Regional Stormwater Management Coordinating Council may seek funding and approve cooperative planning and/or implementation activities among the parties, with state and federal agencies, and with any other public or private entities to accomplish the purposes of - this Agreement. - - ARTICLE 3. -PAYMENTS In accordance with the Interlocal Cooperation Act, the parties will make payments for goods or 3 services rendered under this Agreement from available current revenues. NCTCOG will invoice the party for its costs incurred for goods or services, and the party shall remit the amount of the invoice to NCTCOG within thirty (30) calendar days of receipt of the invoice. In the event that the party does not accept the goods or services or finds an error in the invoice, the party shall notify the NCTCOG Manager who is responsible for executing this program as soon as possible within the 30 calendar day period, and shall make payment not less than ten (10)calendar days after the problem(s) are corrected or the error is resolved to the satisfaction of all parties. In the event that payment of invoiced goods or services is not received by the NCTCOG within 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 Article 1 or the annual work program (fiscal year 2018 work program is attached as"Exhibit A"). ARTICLE 4. -ADDITIONAL PARTIES Additional political subdivisions within or serving the North Central Texas region may become parties to this Agreement by approving the terms and conditions of this Agreement and affixing hereto the signature of its authorized representative indicating the date of approval of this Agreement by said entity. ARTICLE 5. -RENEWAL AND AMENDMENTS This Agreement will be in effect for one year from the effective date of this Agreement, and will be considered automatically renewed for each succeeding year through the year 2022. A party may withdraw from this Agreement, through a vote of its governing body, provided that it has notified the Executive Director of NCTCOG of such action in writing at least 60 days before its intended withdrawal date. Amendments may be made to this Agreement upon the approval of the governing bodies of all parties to this Agreement. ARTICLE 6. -SEVERABILITY CLAUSE If any provision of this Agreement or any application hereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. ARTICLE 7. -GOVERNING LAW This Agreement shall be construed in accordance with and governed by the laws of the State of Texas pursuant to the Uniform Grant Management Standards(http://governor.state.tx.us) ARTICLE B. - INDEMNIFICATION 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 indemnifies, releases, and holds all Other participating parties harmless for all acts of its own officers, officials, agents, and employees acting hereunder, to the full extent permitted by law. 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 4 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, as provided herein, constitutes the complete contract between the parties hereto regarding the subject matter herein described, and supersedes any and all prior oral and written agreements between the parties relating to the matters herein. ARTICLE 11. - RECORDS RETENTION Records shall be retained by NCTCOG for at least THREE (3) YEARS following the closure of the most recent audit report and until any outstanding litigation, audit, or claim has been resolved. ARTICLE 12. -MISCELLANEOUS It is expressly understood and agreed that in the execution of this Agreement neither the parties to this Agreement nor NCTCOG waive, 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. 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. Also, this Agreement states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by both parties. By entering into this Interlocal 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duty executed and their respective seals to be hereunto affixed and attested, as of the date and year noted below. Authorized Signature Mie Eastland Executive Director North Central Texas Name (please print) Council of Governments Titll^e.. IJY�' Agency 13 ltiv� a Date- Date- Aitch: Exhibit A—FY18 NCTCOG Work Program Exhibit B—FY18 Funding and Cost-Share Allocations 5 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. Name of Employee/Signature �nvir�r,v�e�taQ, �0et'y1s�Q. Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature "(;IID AS TO FORi+i AIUD LEGALITY. Assistant Citk Attorney A.oFFORr�o 9,g�o 3J61 M J. Ka Y O"IcIft Moore CITY �"�'YY'�►IIE��1,1 EXHIBIT A Regional Strategy for Managing Stormwater in North Central Texas FY2018 Work Program October 1, 2017 to September 30, 2018 Introduction This Annual Work Program has been developed under the direction of the Regional Stormwater Management Coordinating Council (RSWMCC) as part of a regional unified approach to addressing state and federal stormwater quality regulations, and to support regional stewardship of the urbanized surface waters of North Central Texas. A Regional: Policy Position on Managing Urban Storm Water Quality was created in 1999 by the RSWMCC to provide guidance for the regional strategy, setting out the key elements for a cooperative and comprehensive regional approach to stormwater management. Task Forces propose new tasks for the upcoming work program. These ideas are narrowed down by a Work Program Committee and are presented, along with budget recommendations, for endorsement by the full RSWMCC. Ongoing Support Activities of the RSWMCC Ongoing Support Activities may include coordination and facilitation of a variety of meetings; providing administrative support and budgeting; performing general liaison functions with TCEQ and other regulatory agencies including tracking of regulatory information, assistance with Stormwater Management Plans (SWMP); identifying regional cooperative opportunities including cooperative bulk purchases; representing the regional program at local, state, or national conferences as feasible; hosting roundtables focused on discussions with municipal inspectors on the topic of construction/post-construction; hosting training such as Storm Water Pollution Prevention During Construction; hosting county roundtables as needed; seeking grant funding for additional programs or projects; supporting and maintaining the regional stormwater website; ensuring coordination with other watershed programs to convey related pertinent information (i.e. iSWM, TMDL I-Plan, Impaired Waters, Water Quality Management Plan, and others); serving as an information clearing house and resource center; and providing public education and outreach. Public Education Task Force The Public Education Task Force supports a unified stormwater public education message for the region while maintaining the uniqueness of individual municipal programs. It also offers educators an opportunity to explore areas of mutual cooperation and to learn from each other's programs. In support of the Public Education Task Force, NCTCOG staff will: • Conduct at least four Public Education Task Force meetings. • Coordinate and support Texas SmartScape'"�' activities, including those related to; a) the annual March Is Texas SmartScape Month initiative (e.g., coordinating the Texas SmartScape training workshop and creating PSA images and a newsletter template). b) Texas SmartScape plant sales (e.g., coordinating meetings, updating deliverables such as water bill inserts, flyer templates, etc.). C) ongoing support(e.g., maintaining the SmartScape website). • Support seasonal campaigns covering stormwater-related topics such as the proper disposal of pet waste (e.g., supporting the Doo the Right Thing Photo Contest and creating the annual calendar), yard waste (e.g., providing sample social media posts), used cooking oil (e.g., informing the group about the Wastewater And Treatment Education Roundtable's activities for the annual Holiday Grease Roundup), and general stormwater issues. 6 • Document information for initiatives conducted by the Public Education Task Force in Public Education Activity Reports for participants' permit report periods, including web statistics for www.txsmartscape.com and appropriate www.dfwstormwater.com webpages. • Explore and support other educational campaigns as feasible. • Facilitate cooperative purchasing of agreed-upon items annually and of media as feasible: • Special project for FY2018: Develop a social media toolbox: a) The content of these posts will be related to stormwater and related events happening in the region; b) Content will consist of videos, templates, and other relevant materials; C) This project includes creating a social media training for our task force. • Help develop initiative for future work programs. Illicit Discharge Detection and Elimination (IDDE) Local governments need an increased array of tools such as training programs, inspection methods, or monitoring and tracking procedures for addressing businesses and citizens that may be contributing to contaminated discharges in stormwater. • Conduct at least four meetings of the IDDE Task Force • Develop initiatives for future work programs • Hold the Industrial Inspectors'Workshop • Update the IDDE Field Investigation Guide • Hold Basic Dry Weather Field Screening Training Municipal Pollution Prevention (P2) Local governments will lead by example if they are to succeed in changing the practices and habits of businesses and residents. The goal of governments should be to prevent or reduce pollutant runoff from municipal operations including streets, highways, municipal parking lots, maintenance facilities, storage yards, and waste transfer stations. This Task Force offers an opportunity for participants to learn from each other's programs and to coordinate efforts in meeting the training component of permit requirements. In support of this Task Force, NCTCOG staff will: • Conduct at least three meetings of the P2 Task Force. • Coordinate one peer-to-peer exchange opportunity such as a site tour/mock self- inspection, • Special project for FY2018: (Continuation of the FY2017 special project) Develop online training modules to accompany the 2016 Water Utilities/Public Works training module. (The modules will also be made available as discs or video files and Word documents.) a) The content of these modules will be created by editing/updating the Preventing Stormwater Pollution: What We Can Do training videos and quizzes. _b) This project includes creating a certification-process and online tracking - system for P2 members to check employee progress. • Help develop initiatives for future work programs. 7 Regional;Cooperative Monitoring NCTCOG is facilitating the implementation of the current permit term TCEQ-approved monitoring program that is based on in-stream monitoring of selected watersheds. Phase I entities will use the tracking of long-term water quality trends and effectiveness of BMP implementation in meeting requirements of their permits. Additional expenses are secured from participating entities in order to pay for consultant fees (ie. third-party lab costs, data analysis and record keeping.) • Work with consultant to determine monitoring locations • Oversee consultant activities as necessary • Manage contracts and billings for monitoring services • Maintain communication with Monitoring Task Force on consultant activities • Maintain www.dfwstormwater.com site with sampling updates and data • Conduct Monitoring Task Force meetings as needed • Complete final regional monitoring report and submit to TCEQ by deadline • Administer 4t'permit term monitoring program activities Cost Summary Costs of NCTCOG services for the above referenced work program activities equal $314,000 as referenced in Appendix A, which will be cost-shared among active participants in the traditional manner. EXHIBIT B Regional Strategy for Managing Stormwater in North Central Texas FY2018 Work Program Budget In February, the Regional Stormwater Management Coordinating Council (RSWMCC)was presented with the FY2018 Work Scope at a funding level of$314,000. Completion of the full work program is contingent upon receiving this level of funding from participating local governments. The budget is presented in the table below. F Category Justification �^ �s1 Total Project Approximately 50%of the budget pays salary for planning staff Personnel/Salary and management oversight, and administrative,fiscal, and $ 159,000 technology support staff. Fringe Benefit Rate 43.7%of salary. (Projected Estimate) $ 69,483 I Approximately 2%of budget goes to in-region travel for project meetings, conducting presentations, and providing support to Travel program participants.This also covers out-of-region travel to $ 6,280 meet with TCEQ as needed, attend the annual EPA Region 6 f MS4 conference, and possibly one national conference. C Approximately 1.5%of the budget pays for consumable $ 4,710 Supplies supplies. Contractual -The contract forourmonfloring program consultant is covered under separate $ 0' sub program agreements Covers printing, copying, mailing, postage, GIS, network Other(misc.) services, rent,communications. This represents approximately $ 34,086 11/o of the budget. Many of these items are fixed charges(e.g., rent, network services). f Accounts for approximately 13%of the budget and is calculated Indirect Cost Rate: from a 17.7%rate applied just to salary and fringe and is based $ 40,441 on letter from cognizant agency(TXDOT). xr Tota0008 1, P, R $3'i4,000 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): TO Fund Department Account Project ProgramActivity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ProgramActivity Budget Reference# Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Brandon Bennett (6345) Cody Whittenburg (5455) Additional Information Contact: Elmer DePaula (725 1) ATTACHMENTS No attachments found.