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HomeMy WebLinkAboutContract 58101 CSC No. 58101 Regional Stormwater Management Program of North Central Texas: North Central Texas Council of Governments (NCTCOG) FY2023 Administrative and Implementation Assistance 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 plan for FY2023, 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 original Interlocal Agreement, and the ILA Amendment authorizing an extension through September 30, 2023, the purpose of this letter is to authorize the participant's cost-share of$22,722.00 for the FY2023 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, 2023, 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 FY2023 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 FY2023 work program Work under this program will be carried out from October 1, 2022 through September 30, 2023. It may become necessary for work to continue beyond September 30, 2023 in order to complete the authorized FY2023 work program. However, costs for the work program will not exceed the participant's cost-share as agreed to in this authorization letter. 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 City of Fort Worth to these provisions. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person Yx&kk,. responsible for the monitoring and administration of By: e. a 3,2022 11:59 CDT) this contract, including ensuring all performance and Name: Valerie Washington reporting requirements. Title: Assistant City Manager Date: Sep 13, 207W2 By, Nixalis Beni ez(Sep 142022 15:30 CDT) APPROVAL RECOMMENDED: Name: Nixalis Benitez Title: Environmental Supervisor APPROVED AS TO FORM AND LEGALITY: By, Nixalis Beni ez(Sepl 202215:30 CDT) Name: Nixalis Benitez Title: Environmental Supervisor u, 4.d.644R��� By: ATTEST: FoFORT�� �a Name: Matthew A. Murray p° 0o0�0, Title: Assistant City Attorney p dj.0 0.1d pv _�CONTRACT AUTHORIZATION: By: �7G1�?`l��te c� C700� Ivl di d M&C: 22-0508/June 28 2022 17--tta a Gnnriall^=n 1 S_�n77 14 97['nr� 0p.0p0o ,O� 7 Name: Jannette S. Goodall a�� EXAS�Op Form 1295: Not required Title: City Secretary NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS: i; E"W44, By: Mike F-l—d »,2022 15:28 CDT) Name: Mike Eastland Title: Executive Director Date: Sep 12, 2, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 06/28/22 M&C FILE NUMBER: M&C 22-0508 LOG NAME: 23NCTCOG FY2023 REGIONAL STORMWATER QUALITY SUBJECT (ALL)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 Annual Payment of Costs in the Total Amount of$29,036.00 for each Fiscal Year 2023-2027 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute Interlocal Agreements with the North Central Texas Council of Governments for the period of October 1, 2022 through September 30, 2027 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 North Central Texas Council of Governments which sets the City of Fort Worth's annual cost-share of North Central Texas Council of Governments'administrative and implementation assistance for the Regional Stormwater Management Program in the annual amount of$22,722.00 for the Fiscal Years 2023-2027; and 3. Authorize the City Manager to execute a Letter of Authorization with the North Central Texas Council of Governments which sets the City of Fort Worth's annual cost-share of North Central Texas Council of Governments'monitoring assistance for the Regional Wet Weather Characterization Program in the annual amount of$6,314.00 for the Fiscal Years 2023-2027. DISCUSSION: Stormwater regulations included in the Clean Water Act pose a significant impact on the Dallas-Fort Worth metroplex cities including 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 North Central Texas Council of Governments(NCTCOG) 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 from October 1, 2022 through September 30, 2027. The Fiscal Years 2023-2027 Letters of Authorization for the Regional Stormwater Management Program allocates the City of Fort Worth's cost- share in the amount of$22,722.00 for the administrative costs to be incurred by the NCTCOG in support of the regional program and its associated subcommittees each year. The Fiscal Years 2023-2027 Letter of Authorizations 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. A Form 1295 is not required because:This contract will be with a governmental entity, state agency or public institution of higher education: NCTCOG FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the Fiscal Year 2023 Budget by the City Council,funds will be available in the Fiscal Year 2023 operating budget, as appropriated, in the Environmental Protection Fund. Prior to an expenditure being incurred,the Code Compliance Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office W. Valerie Washington 6199 Originating Business Unit Head: Brandon Bennett 6322 Additional Information Contact: David B.Carson 6336