HomeMy WebLinkAboutContract 43856 (2)THE STATE OF TEXAS
THE COUNTY OF TARRANT
CTTY SE
CONTRA
INTERLOCAL AGREEMENT FOR
REGIONAL STORMWATER MANAGEMENT PROGRAM
IGINAL
THIS INTERLOCAL Agreement ("Agreement") effective October 1, 2012 through September 30,
2017, 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 I nterlocal 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, for and in consideration of the promises and the mutual covenants
herein contained, and subject to the conditions herein set forth, the parties hereto covenant, agree
and bind themselves as follows:
11 -Y7-12 PO4:06 IN
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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 2013 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
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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.
NCTCOG will be a non -voting member on the Council.
Regional Stormwater Management Coordinating Council
(22 members + NCTCOG staff)
10 Phase I Representatives 12 Additional Watershed Representatives
Arlington, 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
Authority
East I Elm I Main I West
• 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 2012 through September 2017,
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 2013 is $288,000. This budget is cost -shared among participants
Cost share allocations for fiscal year 2013 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
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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 2013 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 2017. 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 8. - 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
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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 duly executed and
their respective seals to be hereunto affixed and attested, s of the date and year noted below.
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Fernando Costa
Name (please print)
Assistant City Manager
Title
City of Fort Worth
Agency
Date
Attch: Exhibit A — FY13 NCTCOG Work Program
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Approved May 2012
Exhibit A
Regional Strategy for Managing Stormwater in North Central Texas
FY2013 Work Program
October 1, 2012 to September 30, 2013
IJI I HI I Nil I II II
This Annual Work Program is the guiding path of a cooperative and comprehensive regional
approach to managing stormwater in North Central Texas. It 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
The North Central Texas Council of Governments (NCTCOG) has worked with local governments
and other stakeholders to implement a regional strategy to address stormwater quality issues
affecting 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.
Member Involvement
The RSWMCC, comprised of local government representatives, guides implementation of the
regional strategy for stormwater management through development of the Annual Work Program,
with direction from the Regional Policy Position and support from the NCTCOG Stormwater Team.
The work program is implemented through three programmatic Task Forces, each addressing one
of the key elements of the stormwater regulations — public education and involvement (PETF), illicit
discharge detection and elimination (IDDETF), and municipal pollution prevention (P2TF).
Multiple Year Projects and Programs
Executing the goals of the Regional Policy Position and providing continuing support to the local
programs of the participants is a multi -year effort NCTCOG staff annually reviews multi -year
milestones, schedules, and regional opportunities for participants and makes recommendations for
on -going activities to be considered by the RSWMCC to help meet permit requirements and
milestones in subsequent years In addition, members of the three programmatic Task Forces
propose new tasks for the upcoming work program. These ideas are narrowed down by a Work
P rogram Committee and are presented, along with budget recommendations, for endorsement by
the full RSWMCC. This annual work program document describes the new and on -going regional
initiatives approved by the RSWMCC to be implemented during FY2013 (October 1, 2012 to
S eptember 30, 2013). The FY2013 work program deliverables are listed in Appendix A, and the
budget is presented in Appendix B.
P rogram Cost Shares
The annual work program is funded by individual cost shares provided by each of the regional
participants. Completion of the full work program is contingent upon receiving the approved level
of funding from participating local governments. Individual cost shares are developed from an
allocation of the program elements to three categories of participants: Large MS4s (Large and
Medium Municipal Separate Storm Sewer Systems as defined by the U.S Environmental
P rotection Agency (EPA)), Small MS4s, and Common, based on the category the element primarily
supports. Cost shares for each participant are calculated according to population and to an equal
share from the resource allocation assigned to the program elements under each of these three
categories While each work element may be structured primarily for one size category within the
program, all elements are connected to some extent by the regional stormwater common goals
Page 1 of 8
Approved May 2012
and are expected to contribute to a common body of knowledge that will directly enhance all
members' individual programs
As in recent years, primary activities associated with Control of Construction Site Stormwater
Runoff and Management of Stormwater Impacts Associated with Development will be funded
separately under the integrated Stormwater Management (iSWMTM) program. The FY2013 Public
Works Program, including the ISWMTM work elements are developed and implemented under the
direction of NCTCOG's Public Works Council.
Local Government Participation and Oversight
Local Government Participation and Oversight groups the foundational elements of the Regional
Program including: Coordinating Council meetings, watershed meetings, general permitting
support issues, liaising with regulators, administrative support and other Regional Program
maintenance concerns.
The Regional Program maintains communication and regular opportunities for the exchange of
information between participants, RSWMCC members, and NCTCOG staff via the Internet the
www.dfwstormwater.com web site, meetings, forums and workshops as appropriate, and
roundtable discussions held in each watershed as needed. The interests of each watershed in the
Regional Program are represented by RSWMCC members in regular meetings held to guide the
regional strategy.
Large Communities -Specific Permit Coordination
The Large MS4 (Phase I) entities are in their third permit term. Staff will continue to ensure
that the collective bargaining power of the Regional Program is brought to bear and that
coordination with the overall Regional Program is considered in any discussions on
regulatory issues with the Texas Commission on Environmental Quality (TCEQ) and EPA.
Small Communities -Specific Permit Coordination
The Small MS4 (Phase II) entities are beginning their second permit term. NCTCOG staff
will continue to be available to answer questions and address issues that arise from
participants as they develop and implement their Stormwater Management Programs
(SWMP) under the requirements of the renewed general permit.
RDI Development and Combined Reporting
The concept of Regionally Developed Initiatives (RDIs) is the foundation of the regional strategy.
RDIs specific to each program element are described in the program area sections of this work
program. During FY2013, the RDI Task Forces (PETF, IDDETF, and P2TF) will continue to
develop ideas for RDI projects to be incorporated into subsequent work programs, especially now
that the Small MS4 permit is being renewed.
County Roundtable (this work element is contingent upon program support and interest
from at least three counties)
The County Roundtable is offered to county stormwater managers and staff, as they
contend with stormwater issues that are unique to county governments in our region. If
adequate interest is expressed, during FY2013 NCTCOG staff will seek opportunities for
leadership education and cooperative efforts unique to the city/county relationship. The
Roundtable could provide a forum to assist in the implementation of regional program
elements and potentially to develop new initiatives specific to Small MS4 permitting and
compliance for counties. Staff will plan to support up to two meetings during the year,
contingent upon interest and support.
Page 2 of 8
Approved May 2012
Coordinate and Facilitate a Variety of Meetings
The RSWMCC provides oversight for the Regional Program and directs the activities of
NCTCOG staff. Staff will arrange and administer a minimum of four meetings of the
RSWMCC over the course of the fiscal year (1 per quarter) Staff will work with the Chair to
develop meeting agendas and will compose and e-mail meeting notices and background
information in support of these meetings. Key to the development and maintenance of a
regional effort are open discussions among all the participants. NCTCOG will provide
support for up to two work sessions as needed to discuss strategy and other permit -related
issues. Additional events may be conducted based on joint recommendation by staff and
the RSWMCC.
Perform General Liaison Functions
As the state continues the process of developing its role as stormwater regulator, it is
important that NCTCOG staff keeps them informed of our regional activities. Staff will
continue to work closely with TCEQ staff during the development and implementation of the
second Small MS4 permit term Upon direction from the RSWMCC, NCTCOG staff will
serve as representatives for the Regional Program with federal and state officials in matters
regarding the regional strategy and will coordinate activities among the participants to
promote the Regional Program. Staff will track regulatory information and changes in the
stormwater arena, providing regulatory updates and/or announcements as appropriate.
Identify Regional Cooperative Opportunities
An element essential to the success of the regional strategy is identification of opportunities
for regional cooperation This is particularly important now that all regulated entities are
implementing Stormwater Management Programs (SWMPs) and with the renewal of the
Small MS4 general permit. Staff will continue to identify/refine potential regional
cooperative initiatives for consideration as additional RDIs by the RSWMCC. It is
anticipated that some initiatives will be supported by the continuing base funds while others
may require supplemental funding. Staff will seek cooperative bulk purchase opportunities
and continue to coordinate bulk orders, delivery, and billing at least once per fiscal year for
educational materials such as bookmarks and curb markers.
P romote the Adopted Regional Stormwater Management Strategy
Staff will be available to respond to requests for presentations to city councils and civic
groups in order to assist city staff in their efforts to develop local stormwater management
programs in concert with the regional effort. The adopted Regional Policy Position
continues to be an essential tool in this regard. Staff will continue to participate in a limited
n umber of local, state, and national conferences to showcase the Regional Program, to
stay informed of national developments in water quality issues, and to access the municipal
leadership for the region. Staff will prepare and present overviews of the Regional Program
at selected local, state, and national conferences and other opportunities as they arise.
Staff will also report to participants on information gained at the conferences attended and
furnish copies of useful materials as appropriate.
P rovide Administrative Support
NCTCOG will coordinate the Regional Program through the development of interlocal
agreements, work programs and cost share arrangements. NCTCOG staff will handle all
n ecessary administrative support for these efforts including billing and phone call follow-
u ps.
S eek Grant Funding for Additional Programs or Projects
External funding through grant opportunities may be sought for specific projects as they are
identified. State and federal grant sources will be explored and any application will be
Page 3 of 8
Approved May 2012
made under guidance of the RSWMCC. Non-traditional funding sources will also be
investigated: for example, partnering with non -profits on direct implementation of best
management practices (BMPs) has been successful in other parts of the country.
Coordinate with the SEE Safe Clean & Green Initiative and Other Allied Environmental
Programs
Staff will, as necessary, attend meetings of other environmental and infrastructure
programs such as the Public Works Council, Flood Management Task Force, Trinity River
COMMON VISION Program, iSWM, Stop Illegal Dumping (litter abatement), Water
Resources Council, Total Maximum Daily Load Program, and other watershed programs to
e nsure coordination and avoid duplication of efforts.
O ther Activities as Identified
N CTCOG staff will be open and available to address other activities that will assist in further
development and implementation of the regional strategy as time and budget permits.
S hould a valuable opportunity arise, staff will consult with RSWMCC leadership, and may
shift priorities in the work program to take advantage of the opportunity.
Regional Stormwater Resource Center
In order for governmental agencies to make informed decisions, they must have access to current
and progressive information from around the country, as well as information on what their
neighbors are doing. In addition, agency staff will need supporting information to be able to
effectively communicate proposed policies to their managers, councils, and the public. To help
coordinate the multiple sources of information on stormwater management, NCTCOG will continue
to serve as a resource center for this information and will provide avenues for dissemination.
N CTCOG will maintain an updated Internet presence as well as the ability to prepare custom -
generated maps, charts, and other presentation materials to participants upon special request;
some of which may incur additional charges.
S upport the Regional Stormwater Web Site
Staff will provide maintenance and updates to the stormwater web site on the NCTCOG
web domain to serve as an information clearinghouse and resource center. The web site
will continue to present information targeted specifically at providing permit related support
and maintaining general program information such as the annual work scope, program
costs, and other related information. The web site can also aid public education on
stormwater issues, and it can help to facilitate public involvement by making available
n otices of program meetings, which are open to the general public. The site will continue to
be upgraded with technical support information seminar and training opportunities, news
items, national regulatory issues and other current topical issues.
S erve as an Information Clearinghouse and Resource Center
N CTCOG staff will solicit and compile information on regional and national experiences in the
area of stormwater management and will continue current efforts to bring existing public
information materials to local governments for use as examples A regional resource of
available information on stormwater management issues such as pollution prevention,
innovative BMPs, and funding mechanisms, including studies, presentations by experienced
professionals, and other guidance, will be maintained in-house and posted as components of
www.dfwstormwater.com as feasible.
P repare Newsletter Articles Produce Informational Materials for Various Topics
NCTCOG staff will write four to six newsletter articles in the Department of Environment and
Development's periodic Insight electronic newsletter and/or NCTCOG's It's Your Region
Page 4 of 8
Approved May 2012
newsletter. Local, state and national news sources including journals, Internet 'Listservs',
news agencies, regulatory news releases, and association newsletters will be regularly
reviewed by NCTCOG for relevant materials that can be provided to Regional Program
participants. Informational materials on various topics such as stormwater management
programs, practices and procedures, along with specific permit commitments or requirements
to assist with informing elected officials, city management, and the general public will be
made available to participants as needed. Program participants will receive email notices as
relevant items become available.
Public Education
Educating the public about the impact of their everyday activities on stormwater quality is a key
element of the stormwater program Education and outreach programs are particularly suited to
regional cooperation. Combined outreach talent and resources can increase individual program
effectiveness and maximize purchasing power Opportunities abound to reach citizens, school
children, and businesses throughout the Metroplex in a coordinated program. The public must be
made aware of the potential hazards associated with their individual practices and steps they can
take to reduce pollutants in stormwater runoff. Education on the proper use, disposal and/or
management of these pollutants (e.g. lawn and garden chemicals, pet waste, yard waste,
detergent, trash, sediment, and oil and grease) as well as on general stormwater issues should be
a major element of any stormwater public education program. In addition, non -permitted
commercial institutional, and industrial entities whose operations could have a significant impact
on stormwater quality also need to be informed of their potential impacts along with practical ways
to mitigate these impacts.
Public Education Task Force Meetings
The Public Education Task Force will continue to support a unified stormwater public
education message for the region, while maintaining the uniqueness of individual municipal
programs. The Task Force has been very successful in providing coordinators an
opportunity to discuss public education issues, learn from each other's on -going programs,.
and explore creative areas of mutual cooperation In FY2013, the Task Force will explore
and develop additional RDIs and/or seasonal campaigns for public education and public
involvement. A minimum of seven meetings will be conducted, with updates provided to the
RSWMCC.
Continue Regional Texas SmartScape® as an RDI
Staff will coordinate the 12th Annual March is Texas SmartScape Month activities in
FY2013 as an RDI for public education. Staff will work with SmartScape participants to
promote the program and assist them in planning, organizing, and promoting related
outreach. Such efforts may consist of developing outreach or planning materials
coordinating a SmartScape class, and/or developing other initiatives identified by
participants Staff will continue to serve as the primary liaison for cities, the public, and the
media on SmartScape information. Staff will maintain the technical and informational
aspects of the SmartScape web site and will incorporate new information as it becomes
available, including city specific information on demonstration gardens, educational events,
and city promotions. As part of the SmartScape web zip code tracking and Google
Analytics, staff will provide annual SmartScape web user statistic reports to each
participating entity for inclusion in annual reports. Regional cooperative purchases of
bookmarks and other SmartScape related promotional tools will continue to be made
available.
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Approved May 2012
Seasonal Education and Outreach Efforts
One objective of the Public Education Task Force will be to continue to build upon the
successes of past seasonal education and outreach activities. For FY2013, the Task Force
will continue running successful campaigns to address proper management of pet waste
(DOO the Right Thing), yard waste, used cooking oil, construction site pollutants, general
stormwater issues, and green business certification. Cooperative purchasing of media
related products will be conducted for interested participants. In addition, local media
partnerships will be maintained and opportunities for new partners to conduct public
outreach will be pursued.
For FY2013, the Task Force will also target school children by developing an educator's
toolbox. Members of the Task Force are often asked to give presentations to schools about
stormwater, and this would give them options of learning activities to choose from. Instead
of re -inventing the wheel, the toolbox will be comprised of known learning tools. These may
include games, videos, workbooks, etc. The toolbox will be located online and will provide
a detailed description of each activity, what grade it is best suited for, and instructions on
how to present it. Individual MS4 outreach efforts will be supported and encouraged
through the regional events calendar on www.dfwstormwater.com. Task Force activities,
web site statistics, and outreach information will be tracked and documented for
participants' annual reporting to TCEQ.
Illicit Discharcae Detection and Elimination (IDDE)
Regional iatives can provide local governments with an increased array of tools for addressing
businesses and citizens that may be contributing to contaminated discharges in stormwater.
Regionally developed training programs, inspection methods, or monitoring and tracking
procedures can support local management programs by providing effective BMPs that work at the
watershed level and provide an aspect of continuity for industries in the region. The focus of the
regional effort in this program area has been the hands-on training workshops that have provided
real world experience to numerous municipal staff over the years. The practical field guide that
was developed in FY2011 was a new direction for the regional program and created a new tool for
MS4 staff to use. The training workshops for municipal staff will continue to be offered and the
materials developed for employee training will continue to be made available. The regional
program will also seek opportunities to develop additional RDI(s) that will assist MS4s with full
permit compliance in IDDE.
IDDE RDI Development
NCTCOG staff and the IDDE Task Force will revisit proposed projects and explore
additional ideas to develop for use by local governments in detecting and eliminating illicit
discharges. Proposed projects for future consideration may include a regional stormwater
complaint hotline and web site, regional mapping of outfalls, IDDE response database,
development of educational materials for automotive businesses, and a regional permitting
program for power washing, mobile dog washing companies, and/or special events.
Selected options could be formulated into RDI(s) to be implemented in future work
programs.
Training DVD
For the FY2013 Work Program, the IDDE Task Force recommended the development of a
training DVD and shop poster to educate municipal field staff on identifying and detecting
illicit discharges. Both will be modeled after the "Preventing Storm Water Pollution: What
We Can Do" municipal employee training DVD and shop poster series developed through
the P2 program. The DVD could be based on the training PowerPoint module developed
through the IDDE program in FY2012.
Approved May 2012
IDDE Training
NCTCOG staff will offer a basic IDDE training session that walks municipal staff through the
approaches discussed in the IDDE Field Investigation Guide. This workshop will also
review several case studies and will include a problem solving example that guides
participants in finding the source(s) of the illicit discharge(s).
Dry Weather Field Screening Training
One training session using the Regional Dry Weather Field Screening Protocol and
screening kit will be conducted. This workshop includes a hands-on chemical testing in
both a classroom setting and outdoors. The curriculum also covers how to conduct an
outfall inventory, use a Global Positioning System (GPS), and set up and manage an outfall
database. To minimize costs, the workshop will be conducted by a local volunteer with
experience in outfall mapping and field investigations. The training targets MS4 staff
needing to conduct dry weather field screening of municipal stormwater outfalls.
(The following workshop will be made available to regional program participants as an optional
element of the FY2013 Work Program. Staff will solicit interest in this workshop during the third
quarter of the fiscal year, and if resources are available, will be offered during the fourth quarter.]
Municipal Industrial Inspectors Workshop
This workshop will provide a venue for municipal industrial inspectors to discuss methods
and tools for conducting inspections and promoting P2 concepts to local industries. The
workshop will include a tour of a host industrial facility with stormwater management
demonstrations, case studies, and pollution prevention examples presented by facility staff.
This workshop is typically a three-quarter to a full -day event.
Municipal Pollution Prevention
Local governments must lead by example if they are to succeed in changing the practices and
habits of businesses and residents. Toward this end, the goal of governments must be to prevent
or reduce pollutant runoff from municipal operations including streets, highways, municipal parking
lots, maintenance facilities, storage yards, and waste transfer stations. Comprehensive regional
training programs developed in prior years have gone a long way in providing for the training
component of the permit requirements. Previously developed training DVDs focusing on various
municipal operation activities will be available for purchase and some aspects of the FY2012
education and sharing initiative will continue. Since training alone does not fully address all the
requirements of the permit, continued attention is needed to develop a more comprehensive RDI(s)
for this program area. In FY2013, NCTCOG staff will work with the P2 Task Force to identify
additional RDI projects for future work programs.
Self Audit Guidebook and Regional Standard Operating Procedures
For FY2013, the Task Force will develop a self audit guidebook. This guidebook will involve
a checklist of different pollution prevention operations including fleet maintenance, solid
waste operations, streets and drainage, parks and grounds, materials and spill cleanup,
land disturbance, and construction site activities. Depending on what the Task Force
decides, the guidebook may include descriptions, photos, or any other information about
day—to-day procedures in pollution prevention. Along with the guidebook, regional standard
operating procedures will also be developed. These will be determined by the renewed
Small MS4 permit and what will be required of pollution prevention for municipal operations.
Page 7 of 8
Approved May 2012
Peer 2 Peer Education and Sharing
Some aspects of this FY2012 project will continue in FY2013. Site visits to municipal
facilities may be conducted if interest and resources allow. A Yahoo Group will be available
to members beyond the FY2012 project year to give them the opportunity to ask questions
and share experiences and resources in pollution prevention.
P2 RDI Development
Staff and the P2 Task Force will continue to explore additional options for the development
of an RDI program for use by local governments in managing facilities and operations that
have a potential impact on stormwater quality. Projects for future consideration may
include one or more operational guides for supervisors with BMPs and procedures and
techniques appropriate to particular municipal departments or activities. Selected projects
could be formulated into RDI(s) to be implemented in future work programs.
Regional Cooperative Monitoring
NCTCOG is facilitating the implementation of a third permit term TCEQ-approved monitoring
program that is based on in -stream monitoring of selected watersheds. A more comprehensive
biomonitoring component has also been added this permit term. The goal for this monitoring
program is to continue to generate water quality data on receiving streams in the DFW Metroplex
during storm events for use in tracking long-term water quality trends and effectiveness of BMP
implementation in the watershed.
Regional Monitoring Program Implementation
Phase I entities will continue monitoring activities in this third permit term. A regional
consultant was selected through an RFP process to perform sampling activities for seven of
the regional participants, while two participants will continue to perform their own monitoring
and submit data to the consultant for inclusion in the regional data set. In FY2013, a
second year of sampling will occur and NCTCOG staff will provide administrative oversight
to the consultant team that is providing the regional monitoring services. Staff will also be
handling the contracts and billings for the joint monitoring services. For the two entities that
are not using the joint services agreement, staff will work with them to ensure that
consistency with the regional protocol is maintained and that their collected data are
compiled into the regional dataset. Staff will continue to input all monitoring data into a
regional monitoring database and provide data and monitoring status reports online in a
timely fashion. NCTCOG staff will administer all contractual paperwork for both the
consultant and the participating entities, as well as oversee consultant activities on behalf of
the regional partners. Staff will work in concert with the consultant to prepare a digital
annual report that will be submitted to TCEQ in March of 2013. Meetings of the Regional
Monitoring Task Force will be held as needed.
Exhibit B
FY13 COST SHARE TABLES
Regional Stormwater Management Program
North Central Texas Council of Governments
Table 1: Phase it City Cost Share
Estimates
City Population
(2012 Pop
Estimate)
Cost Shares
($)
Under 3,000
$ 500
59000
$ 2 360
10,000
$ 2,520
15,000
$ 2,680
20,000
$ 2,830
25,000
$ 2,990
30,000
$ 3,150
35,000
$ 3,310
40,000
$ 3 460
45,000
$ 3,620
50,000
$ 3,780
55,000
$ 3,940
60,000
$ 4,090
65,000
$ 4,250
70,000
$ 4,410
75,000
$ 4,570
80,000
$ 4,720
85,000
$ 4,880
90,000
$ 5,040
95,000
$ 5,200
100,000
$ 5,350
105,000
$
5,510
1100000
$
5,670
115,000
$
5,830
120,000
$
5,980
1252000
$
6,140
130,000
$
6,300
135,000
$
6,450
140,000
$
6,610
145,000
$
6,770
150,000
$ 6,930
155,000
$ 7,080
160,000
$ 7,240
165,000
$ 7,400
170,000
$ 7,560
175,000
$ 7,710
180,000
$ 7,870
Table 1 -Phase it City Cost Share Estimates
City participants can use this table to estimate their
cost share amounts from the ranges given. Each
participant's cost share is derived from a formula that
is based on population and an equal share among
participants. Phase 11 cost shares fund Phase II
program elements and a portion of common program
elements. Cities outside the Dallas -Fort Worth -
Arlington, Denton -Lewisville, and McKinney
Urbanized Areas pay 2/3 of the amount listed in this
table.
The FY13 cost share of Phase II non -municipal
agencies is $ 2,203 and is based on the Phase II cost
share formula with a zero population factor.
Table 2 Phase I Participants'
Cost
Shares
City or Entity
Cost Shares
Dallas
$
30,765
Fort Worth
$
20,427
Arlington
$
11,415
Plano
$
91025
Garland
$
81246
Irving
$
81035
Mesquite
$
60220
TxDOT - Dallas District
$
31003
TxDOT - Fort Worth District
$
31003
North Texas Tollway Authority
$
3,003
Table 2 - Phase I Participants' Cost Shares
The above non -municipal participants' cost share is
based on the Phase I cost share formula with a zero
population factor. Phase I cost shares fund Phase I
program elements and a portion of common
elements.
Table 3: County Cost Share Amounts
County
Derived*
Population
Cost Shares
$
Collin County
51932
$ 2,388
Dallas County
4,590
$ 2,347
Denton County
19,510
$ 2,812
Ellis County
21,668
$ 2,879
Johnson County
10,465
$ 2,530
Kaufman County
21567
$ 2,283
Parker County
41756
$ 2,352
Rockwall County
21678
$ 2,287
Tarrant Count
33,423
$ 3,246
Table 3 -County Cost Share Amounts
'The county population used in the formula to derive the
cost -share is based on the unincorporated population of
the county found in the Census 2010 urbanized area. A
2012 growth factor has been applied to this population
figure which is then used with the Phase II cost share
formula.
LETTER OF AUTHORIZATION
North Central Texas
Regional Stormwater Management Program
FY2013 Administrative and Implementation Assistance
North Central Texas Council of Governments (NCTCOG)
The NCTCOG and the City of Fort Worth (hereafter referred to as the "participant") have
executed an Interlocal Agreement to provide a structure through which the participants can
pursue initiatives that assist with the Regional Stormwater Management Program. The Interlocal
Agreement established a structure by which a Regional Stormwater Management Coordinating
Council may identify specific activities to be carried out by NCTCOG, and/or professional
agencies, with cost allocations to be determined through Coordinating Council consensus. The
participants to this agreement have reviewed the NCTCOG proposed work program for FY2013,
which includes NCTCOG assistance to the participants for administrative and implementation
support of stormwater related activities and the cost -share arrangement for funding of this effort.
In accordance with Article 2, Paragraph 5, and Article 5 of the Interlocal Agreement, the purpose
of this letter is to authorize the participant's cost -share of $20,427 for the FY2013 work program.
Execution of this Letter of Authorization is considered a formal part of the Interlocal Agreement,
and obligates the participant's cost share as identified above. If the participant fails to execute
this agreement prior to January 15, 2013, a 5% penalty will be added to the above cost -share
amount for every complete quarter of delay after the first. Once executed, billing of the
participant by NCTCOG for these services will be made no more frequently than quarterly.
NCTCOG will invoice the participant for its costs incurred resulting from the FY2013 work
program, and the participant shall remit the amount of the invoice to NCTCOG within thirty (30)
calendar days of receipt of the invoice. In the event that the participant does not accept the
goods or services or finds an error in the invoice, the participant 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 participant interest
in accordance with the Prompt Payment Act. Participants that do not pay will not receive the
benefits outlined in the FY2013 work program.
Work under this program will be carried out from October 1, 2012 through September 30, 2013.
It may become necessary for work to continue beyond September 30, 2013 in order to complete
the authorized FY2013 work program. However, costs for the work program will not exceed the
participant's cost -share as agreed to in this Letter of Authorization.
Each individual signing this Letter of Authorization on behalf of a participant warrants that he or
she is legally authorized to do so and that the participant is legally authorized to perform the
obligations undertaken. The undersigned represent the agreement of NCTCOG and the
Participant to these provisions and hereby execute this Authorization in, triplicate originals.
Fernando Costa
Name (please print)
Assistant City Ma a er
Date:
APPR®VEB AS TQ FORM AIV� iFGAiiTY:
Assist nt sty At IIAim:y
Myke Eastland, Executive Director
North Central Texas Council of
Governments
Date: /� L
OFFICIAL. RECORD
CITY SECRETARY
FT, VVORTRi TX
M,c4zC Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
FoR
CODE: C TYPE: CONSENT PUBLIC NO
HEARING: _
SUBJECT: Authorize Execution of an Interlocal Agreement and Authorization Letter with the North
Central Texas Council of Governments for the Regional Storm Water Management
Program and Authorize Payment of Costs in the Amount of $20,427.00 (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an interlocal Agreement with the North Central Texas
Council of Governments for the period of October 1, 2012 through September 30, 2017; and
2. Authorize the City Manager to execute an authorization letter with the North Central Texas Council
of Governments which sets the City's annual cost share of NCTCOG's administrative and
implementation assistance for the regional storm water management program at $20,427.00 during
Fiscal Year 2012-2013.
DISCUSSION:
Stormwater regulations included in the Clean Water Act pose a significant impact for seven Metroplex
cities (Fort Worth, Dallas, Arlington, Garland, Irving, Plano and Mesquite), the North Texas Tollway
Authority and the Texas Department of Transportation District Offices in Fort Worth and Dallas. For
the past several years, representatives from these entities have worked together through the
NCTCOG's Regional Urban Storm Water Management Task Force in preparation for meeting storm
water permit requirements. Because all of the entities are required to implement many of the same
programs, the potential for cost sharing and coordination of programs exists.
The City first entered into an interlocal Agreement with the NCTCOG to cover administrative support
for regional initiatives in November 1993.The City Council approved the most recent interlocal
Agreement for this program on November 6, 2007, (M&C C-22508) for the period of October 1, 2007,
through September 30, 2012. This Mayor and Council Communication also set the City's annual cost
share of NCTCOG's administrative and implementation assistance for the regional storm water
management program at $18,454.00 for Fiscal Year 2007-2008.
The new interlocal Agreement with NCTCOG will be for the period of October 1, 2012 through
September 30, 2017.The annual authorization letter allocates the City's cost -share of $20,427.00 for
the administrative costs to be incurred by the NCTCOG during Fiscal Year 2012-2013 in support of
the Regional Urban Storm Water Management Task Force and its associated sub -committees.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, in the Environmental Protection Operating Fund.
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=17565&councildate=l0/23/2012 10/25/2012
Review
Page 2 of 2
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
R103 539120 0204104 $20,427.00
Fernando Costa (6122)
Doug �ersig (7801)
Michael Gange (6569)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=17565&councildate=l0/23/2012
10/25/2012