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Number 22T M 9. C , T Y. G 11 DEPT: Engineering AGENDA REQUEST FORM COPPELL DATE: October 8, 2002 T O ITEM #: 8/13 ITEM CAPTION: Consider approval of an Interlocal Agreement with the North Central Texas Council of Governments for participation in the Expanded Regional Storm Water Management Program in a cost share amount of $2,900, as budgeted; and authorizing the Mayor to sign. 1 GOAL(S): 1 EXECUTIVE SUMMARY: APPROVED BY CITY COUNCIL ON ABOVE DATE - Tunnell - Raines ote - 6 -0 Stover absent Approval of this item will allow the continuation of several Storm Water Management programs initiated under this program such as the Texas SmartScape Program. Staff recommends approval of the interlocal agreement for participation in the Expanded Regional Storm Water Management Program in a cost share amount of $2,900. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds have been budgeted in the Engineering, Other Professional Services account. DIR. REVIEW: ' G,. FIN. REVIEW: v " CM REVIEW: �m Agenda Request Form - Revised 09/02 Document Name: #engl -] AR MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works Date: October 8, 2002 RE: Consider approval of an Interlocal Agreement with the North Central Texas Council of Governments for participation in the Expanded Regional Storm Water Management Program in a cost share amount of $2,900, as budgeted; and authorizing the Mayor to sign. Five years ago the City of Coppell entered into the original Storm Water Management Program with the North Central Texas Council of Government. The Storm Water Management Program is focused on addressing storm water quality issues and in assisting communities in obtaining compliance with Phases I and II permitting requirements. The City of Coppell is required to have its Phase II permitting requirements in place by March 10, 2003. One of the highly successful programs over the last five years is the Texas SmartScape CD project. Attached to this agenda item is a more detailed accounting of accomplishments to date for the Regional Storm Water Management Program. Continuation of this program with the North Central Texas Council of Governments will allow the City of Coppell to obtain available information and assistance from the North Central Texas Council of Government employees as we draft our Storm Water Management Program for compliance with the Phase II requirements. Staff recommends approval of the interlocal agreement with the North Central Texas Council of Governments for participation in the Expanded Regional Storm Water Management Program in a cost share amount of $2,900 and will be available to answer questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" I No :A' North Central Texas Council Of Governments September 12, 2002 Ken Griffin Director of Engineering City of Coppell 255 Parkway Boulevard Coppell, TX, 75019 Dear Mr. Griffin: Thank you for your participation in the Regional Strategy for Managing Storm Water over the last fiscal year. The involvement of storm water professionals from cities and counties across the Metroplex resulted in a number of accomplishments for the 2002 program. These include a series of workshops that culminated with the production of the Menu of Management Program Options, a web -based tool that will assist the Phase II regulated community with developing their storm water management plans. The Texas SmartScapeTM CD was recognized nationally this year and earned awards from three state organizations. Cooperative purchases of the SmartScape`rm CD (100,000+ copies) and our storm drain inlet markers saved participants approximately $53,000 when compared to the cost if purchased by individual entities. A survey of permitting requirements for floatables management in Region VI provided assistance for cooperative support among Phase I jurisdictions as they review permit requirements and management program options. Ve anticipate another successful year in FY2003 as several Phase I entities seek permit renewals and new Phase 11 permit requirements come into place on March 10. During the coming year we.will continue to offer assistance for development of storm water management plans, and then carry on with support for implementation and subsequent review of working plans. We also look for the regional monitoring program to continue to produce innovative cost savings as it makes the transition to a more watershed based system that should produce a more accurate view of regional water quality. Education and training efforts have been identified by participants as primary program objectives for the upcoming year as Phase I and II management programs mature; the newly formed Public Education Task Force will facilitate the sharing of ideas, and the development of training programs for municipal operations in pollution prevention and industrial inspection are expected to be a significant part of the work program. We look forward to your continued involvement and support for the coming year. The participation of as many local governments as possible will help to insure the success of the regional storm water program. This year marks the 5 -year anniversary of our Expanded Regional Storm Water Management Program and with that comes the need to renew the Interlocal Agreement under which we have been operating these past 5 years. Please execute the new Interlocal Agreement and the FY2003 Letter of Authorization attached in triplicate and return all three sets of originals by October 25, 2002. We will return an original executed set to you for your records. Please retain the FY2003 Work Program (Attachment A) and the Cost -Share Tables (Attachment B) for your records. If you have any questions, please feel free to call Derin Warren at 817 -695- 9215. Thank you once again for your participation in this important regional strategy. Enclosures Sinc y, Joh romise, P.E. Director of Environmental Resources 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005 -5888 (817) 640 -3300 FAX: 817- 640 -7806 ® recycled paper http: / /www.dtwinfo.com Management Program Assistance • Conducted five rounds of watershed meetings on the Construction Site Runoff Control, Illicit Discharge Detection and Elimination, Pollution Prevention, Post - Construction and Public Education /Involvement Minimum Measures. • Prepared a draft web -based presentation of the Menu of Management Program Options containing the final versions of the Construction Site Runoff Control, Pollution Prevention, Illicit Discharge, Post - Construction and Public Education /Involvement Minimum Measures. • Drafted a survey of Phase I permitting requirements to address floatables based on phone survey of 29 Phase I cities in EPA Region 6 and a sampling of national cities. • Drafted and submitted Floatables & Litter project funding proposal. • Worked with PE Task Force to draft and submit a Media Roundtable project funding proposal. • Initiated survey on public education resources and staffing needs to encompass Phase I and Phase 11 entities in EPA Region 6. • Conducted 14 site visits at selected cities to review local storm water management efforts. • Revising Storm Water Quality Best Management Practices for Industrial Activities Manual to conform with new TCEQ Multi- Sector General Permit. • Assisted in funding solicitation from local governments and work program development for the Comprehensive Drainage Criteria and Design Manual Cooperative Monitoring / Annual Monitoring Report • Completed Annual Regional Storm Water Monitoring Report for Monitoring Year 5. • Prepared Year 5 Discharge Monitoring Reports for each of the Phase I cities. • Held 4 monitoring meetings with Phase I entities to discuss development of a revised monitoring program. • Gave presentation summarizing the regional monitoring program's 5 years of data collection to the Clean Rivers Program Water Quality Monitoring Group. • A revised regional monitoring plan was developed and proposed to TNRCC through the Fort Worth permit renewal process. • Revised the map of the proposed monitoring plan. September 5, 2002 FY03 COST SHARE TABLES Regional Storm Water Management Program North Central Texas Council of Governments October 1, 2002 - September 30, 2003 ,,, , Able,l•: Phase:lr Ci# ;Cost -3hare Estimates r 1ty,Populatiprt r, ;� 2r3`00'0 ensus'', ' ' 'Ast Shares Under 3,000 500 5,000 1,700 10,000 1,900 15,000 2,100 20,000 2,300 25,000 2,500 30,000 2,600 35,000 2,800 40,000 3,000 45,000 3,200 50,000 3,400 55,000 3,600 60,000 3,800 65,000 4,000 70,000 4,200 75,000 4,400 80,000 4,600 85,000 4,800 90,000 5,000 95,000 5,200 100,000 5,400 105,000 5,500 110,000 5,700 115,000 5,900 120,000 6,100 125,000 6,300 130,000 6,500 Table 1- Phase II 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 II 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. Table 2: Phase I Participants' Cost- Shares City or Entity ' Cost- Shares, . f Collin County Dallas $32,200 Fort Worth $16,400 Arlington $11,600 Plano $8,900 Garland $8,800 Irving $8,200 Mesquite $6,600 TxDOT - Dallas District $3,600 TxDOT - Fort Worth District $3,600 N. Texas Tollway Authority $3,600 Table 2- Phase I Participants' Cost- Shares Non -city participants' cost - shares are based on zero population. Phase I cost shares fund Phase I program elements and a portion of common program elements. Table ",` ink ,tit�stShare. a obits County y f Collin County 3,572 1,700 Dallas County 5,118 1,700 Denton County 4,752 1,700 Ellis County 11,135 2,000 Johnson County 6,515 1,800 Rockwall County 3,012 1,700 Parker County 4,458 1,700 Tarrant County 1 12,410 2,000 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 2000 urbanized area. This revised population figure is then used in the same cost - share formula as used for the Phase 11 cities. Regional Storm Water Management Program FY2002 Accomplishments to Date September 10, 2002 Administrative • Conducted follow -up activities with non - participating cities and counties to encourage Regional Program participation. • Developing new cooperative efforts with regional water providers and the North Texas Tollway Authority • Developed and finalized FY2003 Work Program and participant cost- shares with a 10% reduction. • Generated and mailed FY2003 contracts to participants. Texas SmartScapeTM' CD Project • Coordinated purchase, delivery and billing of fifth cooperative purchase of over 12,320 CDs. Combined orders to date total 112,700 CDs at a cost savings of over $50,000 for 100+ participating entities. • Presented SmartScapeTM at TNRCC Trade Fair in Austin; received the 2002 Texas Environmental Excellence Award - government category; The Texas Section AWWA Watermark Award and Conservation /Reuse Award; National Association of City and County Health Officials - recognized 2nd in the nation; Keep Texas Beautiful Award - regional government category. • Obtained a trademark on the SmartScapeTM name to prevent misuse. • Drafted work scope, and budget proposal to secure additional funding to create the Web version of the CD. • Initially pursued funding for Web version from TNRCC; staff currently pursuing funding from the five main regional water providers instead. • Worked with the PE Task Force to design SmartScapeTM bookmarks as an educational piece for storm water and water conservation. • Initiated a cooperative bulk purchase initiative to purchase the SmartScapeTM bookmarks. Knowledge Dissemination • Conducted a total of 7 meetings of Public Educators Roundtable, now formally recognized as the PE Task Force. • Conducted Construction Site Storm Water Management Inspector Training session for May 16 using new trainer. • Conducted, distributed and billed a 4th order of curb markers; partnered with the cities of Corpus Christi, Kennesaw, Smyrna and Decatur GA to achieve a regional savings of $3,206. • Continued participation in the development of the Phase II General Permit through TNRCC Stakeholder working groups. • Participated in Phase I Stakeholder Meeting on the San Antonio Permit. • Participated in review and comment on the stakeholder draft TPDES Construction General Permit. • Presented "Water Quality Concerns and Issues" at the Environmental Crimes Investigation Workshop • Presented information on the Regional Program at several conferences and to UTRWD member cities and Tyler area communities. • Participated in storm water conference held in Dallas. • Gave two presentations at EPA MS4 Stakeholder conference in Albuquerque • Initiated a major restructuring of the storm water Web's design and content format. NCTCOG September 5, 2002 THE STATE OF TEXAS THE COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR EXPANDED REGIONAL STORM WATER MANAGEMENT PROGRAM THIS INTERLOCAL Agreement ( "Agreement ") effective October 1, 2002 through September 30, 2007, is entered into between the City of Coppell, 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 Storm Water Management Program with local governments to gather data and information, perform analyses, and develop programs to address storm water quality issues affecting the waters of North Central Texas, including the preparation of permit applications to the Texas Commission of Environmental Quality for the control of municipal separate storm sewer system discharges; and, WHEREAS, the inclusion of other entities in an expanded regional strategy to address storm water 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: ARTICLE 1. - PURPOSE OF AGREEMENT The purpose of this Agreement includes, but is not limited to, accomplishing the following objectives: Assist with the development of an expanded, comprehensive and coordinated regional strategy for managing storm water in North Central Texas. The work plan for Fiscal Year 2003 is attached to this Agreement as "Exhibit A ". The work plan 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 storm water management plans and programs, discharge monitoring reports, and performance reports -- as may be required by USEPA and /or state agencies. • 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 storm water 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 — initially 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 Construction Inspector Training program emerging through NCTCOG and other opportunities as they arise. • Conduct a regular review and amendment process -- such as for the Construction BMP Manual. 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 Storm Water Program as identified by the Regional Storm Water Management Coordinating Council. ARTICLE 2. - ADMINISTRATIVE AND POLICY STRUCTURE The administrative and policy structure under this Agreement is as follows: A Regional Storm Water 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 permitting activities, both past and present, and their larger geographic coverage, each of the nine NPDES Phase I parties to this Agreement will be entitled to appoint one senior staff as a voting representative to the Regional Storm Water 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 Storm Water Management Coordinating Council. NCTCOG will be a non - voting member on the Council. Regional Storm Water Management Coordinating Council 21 members + NCTCOG sta 9 Phase I Representatives 12 Additional Watershed Re resentatives Arlington, Dallas, Fort Worth, Garland Irving, Mesquite, Plano, TxDOT- Dallas Co., 3 Representatives from each of TxDOT- Tarrant Co. 4 watershed areas East Elm Main West The Regional Storm Water 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 Storm Water 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 deterrXtiksi r Coordinating Council consensus. A separate ' ftr' ` c` irtsecutive fiscal year, from Ot4ober 2002 through September/, =will be obtained for administration and implementation support of storm water related activities included in this Agreement. Funding and cost share allocations for fiscal year 2002 as approved by the Coordinating Council are attached to this Agreement as "Exhibit B ". 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 Storm Water 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. • In accordance with the Interlocal Cooperation Act, the parties will make payments for services rendered under this Agreement from available current revenues. ARTICLE 3. - 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 4. - 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 2007. 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 5. - 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 6. - GOVERNING LAW This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. ARTICLE 7. - 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 8. - 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. The undersigned officers and/or agents are properly authorized to execute this contract on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 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 aff ixed and attested, as of the date and year noted below. mini e, ry of ewp_ ELL Agency /d -iv -d2 Date i Mille Eastland Executive Director North Central Texas Council of Governments / oZ Date Attch: Exhibit A — FY03 NCTCOG Work Program Exhibit B — FY03 Funding and Cost -Share Allocations r—AMERN - 0ii* North Central Texas Council Of Governments October 24, 2002 Mr. Ken Griffin Director of Engineering City of Coppell 255 Parkway Boulvard Coppell, TX 75019 Subject: FY2003 Authorization Letter and Interlocal Agreement for the Expanded Regional Storm Water Management Program Dear Mr. Griffin: Enclosed is your official copy of the FY2003 executed Authorization Letter and Interlocal Agreement for the Expanded Regional Storm Water Management Program. Your participation in this important regional effort is appreciated and we look forward to our continued working relationship. Should you have questions regarding the documents, please do not hesitate to contact Keith Kennedy, Manager of Environmental Programs, at (817) 695 -9221 or by email at kkennedy(a)dfwinfo.com. Enclosures F Sin r ly, l,f e4 Barbara Jone Environmental Fiscal Coordinator Department of Environmental Resources 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005 -5888 (817) 640 -3300 FAX: 817 - 640 -7806 ® recycled paper http: / /www.dfwinfo.com