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:
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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