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Number 37AGENDA REQUEST FORM THE . ` ' T Y F DEPT: Engineering COPP ELL DATE: January 22, 2008 T o ITEM #: 9/C WORK SESSION a CONSENT REGULAR ITEM TYPE: CONTRACT /BID or PROPOSAL ITEM CAPTION: Consider approval of an Interlocal Agreement between the City and Northwest Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II Storm Water discharge compliance; and authorizing the Mayor to sign. GOAL(S): .ECUTIVE SUMMARY: The Interlocal Agreement proposed in this item is a companion request to the Storm Water Management Plan also on tonight's agenda. Approval will allow the City and the Northwest Dallas County Flood Control District to produce one plan that encompasses shared goals and control measures, resulting in a savings of time and effort for both entities. FINANCIAL COMMENTS: RECOMMENDED ACTION: Staff recommends approval of the Interlocal Agreement. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve M - Tunnell S - Peters Vote - 7 -0 '* Libby Ball 2008oe .81.23 11:0837 C) #ILA for NW Dallas Co FCD T H E C 1 T Y O F COPPELL X A S l 8 MEMORANDUM TO: Mayor and City Council FROM: Keith R. Marvin, P.E., Project Engineer DATE: January 22, 2008 REF: Consider approval of an Interlocal Agreement between the City and Northwest Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II Storm Water discharge compliance; and authorizing the Mayor to sign. This agenda item corresponds to the approval of the Storm Water Management Plan (SWMP) also before you this evening. Both the City of Coppell and the Northwest Dallas County Flood Control District are obligated to adopt a SWMP under the TCEQ requirements. The TCEQ regulations and our SWMP require both the City and the NDCFCD to provide certain informational and participatory programs for residents of the City or the District. The plan requires the City or District to adopt ordinances aimed at detecting illicit discharges to the storm water collection system. The plan also addresses storm water runoff from development both during and after construction. Lastly, the plan addresses pollution prevention from ongoing municipal operations. In September 2007 the City was contacted by Nathan D. Maier Consulting Engineers, Inc. on behalf of the NDCFCD with the suggestion of partnering on the completion of our SWMP. At that time we had already secured the consulting services of Mehta West Brashear Group, so we declined the invitation to meet. The City was approached again on the same subject in late November and agreed to meet with a representative of the NDCFCD board and his engineer from Nathan D. Maier. The NDCFCD was of the opinion that since their boundary lies wholly within the City of Coppell that the requirements of the permit would be the same within their boundary for both the District and the City. In other words the residents would receive the same public notifications from both entities. However, if we were to produce one plan with one set of shared goals in partnership there would be a savings of time and effort. Under this agreement we will produce one joint Storm Water Management Plan, and the City of Coppell will be responsible for the following minimum control measures: 1. Public Education and Outreach 2. Public Involvement /Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Controls 5. Post - Construction Storm Water Management for New Development /Redevelopment Under this agreement each entity will be responsible for filing its own forms, applications, reports, and any associated papers with the TCEQ to ensure compliance with any and all regulations related to the joint plan. We will also each be responsible for the sixth minimum control measure which deals with Pollution Prevention/Good Housekeeping for Municipal Operations. Staff recommends approval of this Interlocal Agreement. The Board of the NDCFCD will be meeting tomorrow night to consider this same item. Staff will be available to answer any questions at the Council meeting. TI, STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF DALLAS § "Phis Interlocal Agreement ( "AGREEMENT ") for the joint submission of a Storm Water Management Plan to satisfy the requirements of the permit application to the Texas Commission on Environmental Quality (TCEQ) for compliance with Phase II municipal storm water discharges to waters of the U.S. (hereafter referred to as the "PLAN ") is made and entered into by and between the City of Coppell, Texas, a municipal corporation located in Dallas County, Texas ( "CITY "), and the Northwest Dallas County Flood Control District as created by the Texas Legislature (H. B. 2390, Act 69`f' Legislature, Regular Session, 1985) (hereafter referred to as the "DISTRICT "). WHEREAS, the CITY and the DISTRICT mutually desire to enter into an AGREEMENT to partner with each other in the joint submission of a Storm Water Management Plan to the TCEQ for compliance with Phase II requirements of Section 402(p) of the Clean Water Act; and WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, as amended (the "ACT "), provides authorization for Local Governments to contract with each other for functions in which both entities are mutually interested; and WHEREAS, by definition in Chapter 791, Texas Government Code, the CITY and the DISTRICT are both defined as Local Governments; and Whereas it has been determined that approval of this AGREEMENT will be mutually advantageous to the CITY and the DISTRICT; and NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the CITY and the DISTRICT hereby contract, covenant, warrant and agree as follows: 1.2 1/0 el K�� tv- -4 A191-1 �. ) / 6) 0 r ADOPTION OF PREAMBLE All of the matters stated in the preamble of this AGREEMENT are true and correct and are hereby incorporated into the body of the AGREEMENT as though fully set forth in their entirety herein. 11 OBLIGATIONS OF THE PARTIES 2.01 The CITY and the DISTRICT have independently contracted and paid for Engineering Services related to the preparation of the Storm Water Management Plan. The CITY and the DISTRICT agree to a joint submission of a Storm Water Management Plan to the TCEQ in compliance with the Phase II requirements as noted above. 2.02 "The CITY and the DISTRICT agree that services related to the inspection and maintenance of District -owned facilities within the DISTRICT boundaries will continue to be the financial responsibility of the DISTRICT. 2.03 The CITY and the DISTRICT agree that the CITY will perform the required portions of the Storm Water Management Plan in regards to the minimum control measures: 1. Public Education and Outreach 2. Public Involvement /Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Controls 5. Post Construction Storm Water Management for New Development/Redevelopment 2.04 The CITY and the DISTRICT agree that each respective entity will be responsible within their area of involvement for minimum control measure 6, Pollution Prevention/Good Housekeeping for Municipal Operations. 2.05 The CITY and the DISTRICT agree that the DISTRICT will provide detailed information on activities within the DISTRICT boundaries to the CITY as needed so that the CITY may complete its annual report to the TCEQ. 2.06 The CITY and the DISTRICT agree that each respective entity will be responsible for record keeping, and submittal of any and all required forms and notifications to the TCEQ under the terms of their permit, or as required by the Storm Water Management Plan III INDEMNIFICATION AND HOLD HARMLESS 3.01 THE DISTRICT AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE IMPLEMENTATION OF THE STORM WATER MANAGEMENT PLAN. 3.02 THE CITY AGREES TO INDEMNIFY AND HOLD THE DISTRICT HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE IMPLEMENTATION OF THE STORM WATER MANAGEMENT PLAN, 3.03 HOWEVER— THE INDEMNIFICATION AND HOLD HARMLESS CONTAINED HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY SOVEREIGN IMMUNITY ALLOWED PURSUANT TO TEX. CIV. PROC. & REM. CODE, SECTION 101.001 ETSEQ., OR OTHERWISE. IV NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: If to the DISTRICT: Northwest Dallas County Flood Control District c/o Mr. Pete Eckert 3960 Broadway Boulevard, Suite 205 Garland, Texas 75043 If to the CITY: City of Coppell c/o City Engineer 255 Parkway Blvd. Coppell, TX 75019 A change of address may be made by either party upon the giving of ten (10) days prior written notice. V MISCELLANEOUS PROVISIONS 5.01 This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 5.02 This AGREEMENT constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 5.03 No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 5.04 This AGREEMENT may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5.05 If, in case, any one or more of the provisions contained in 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 provision hereof and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.06 "The obligations and undertakings of each of the parties to this AGREEMENT are and shall be performable in Dallas County, Texas. 5.07 Each party hereto warrants that it has received authority from its governing body to enter into this AGREEMENT. EXECUTED this 23 day of ax la'Y2008. NORTHWEST DALLAS COUNTY CI F COPPELL, XAS FLOOD CONTROL DISTRICT By: By: Wayne Reyn Ids Douglas N. S over President Mayor ATTEST: ATTEST: CLlibby Ball City Secreta y APPROVED AS TO FORM: APPROVED Robert E. Hager Attorney City Attorney TO FORM: