HomeMy WebLinkAbout149-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 149-24
File Number: 2024-129
WATERSHED CONSERVATION RESOURCE CENTER (MEMORANDUM OF AGREEMENT):
A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE WATERSHED
CONSERVATION RESOURCE CENTER FOR CONTINUED MAINTENANCE OF STREAM RESTORATION
PROJECTS AND OTHER NONPOINT SOURCE POLLUTION RELATED ISSUES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
Memorandum of Agreement with the Watershed Conservation Resource Center for continued maintenance of stream
restoration projects and other nonpoint source pollution related issues.
PASSED and APPROVED on June 4, 2024
Page 1
Attest: 0%J1111 tyll,'
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Z"--:FAYE1-TEV1LLE:
Kara Paxton, City CleFkTreasurer
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 4, 2024
CITY COUNCIL MEMO
2024-129
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
SUBJECT: Approval of a Memorandum of Agreement (MOA) with the Watershed Conservation
Resource Center (WCRC) outlining a general framework for cooperation for
continued maintenance of stream restoration projects and other nonpoint source
pollution related issues
RECOMMENDATION:
Staff recommends approval of a Memorandum of Agreement (MOA) with the Watershed Conservation
Resource Center (WCRC) outlining a general framework for cooperation for continued maintenance of stream
restoration projects and other nonpoint source pollution related issues.
BACKGROUND:
This partnership with the Watershed Conservation Resource Center (WCRC) dates back many years but
officially began January of 2014 with approval of the first MOA. This partnership has proven successful for
many years as described further below.
DISCUSSION:
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by
utilizing the watershed approach, environmental outreach, and providing planning, technical assistance and
maintenance to landowners, communities, and government entities. The WCRC principals are regional experts
and local leaders in implementing natural channel design -based stream restorations that meet multiple local
and regional objectives relating to river channel instability, water quality, ecological services, and green
infrastructure.
The WCRC and the CITY OF FAYETTEVILLE partnered and have been awarded multiple federal grant
awards for restoring streams within the City and for assessing streams and natural resource conditions for
stability and pollution potential. These projects have brought over $5,800,000 in Federal funding to the City for
water quality and other environmental improvements and have helped to create local partnerships and
outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Ten
stream and streambank restoration projects have been implemented that have resulted in over 19,900 tons of
sediment and 12,000 Ibs of total phosphorus reductions, annually from streambank erosion, restored both
aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other
properties. These projects generally require ongoing maintenance to ensure their success and WCRC is in a
unique position to provide these services given their history with the projects.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The proposed agreement has no budgetary impact. As tasks are identified, the "task order" with associated
fee will be approved through the appropriate channels up to and including approval by the Mayor and City
Council.
ATTACHMENTS: SRF (#3), MOU (#4)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
_= City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-129
Approval of a Memorandum of Agreement (MOA) with the Watershed Conservation Resource
Center (WCRC) outlining a general framework for cooperation for continued maintenance of
stream restoration projects and other nonpoint source pollution related issues
A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE WATERSHED
CONSERVATION RESOURCE CENTER FOR CONTINUED MAINTENANCE OF STREAM
RESTORATION PROJECTS AND OTHER NONPOINT SOURCE POLLUTION RELATED ISSUES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a Memorandum of Agreement with the Watershed Conservation Resource Center for continued
maintenance of stream restoration projects and other nonpoint source pollution related issues.
Page 1
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2024-129
Item ID
6/4/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/17/2024 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of a Memorandum of Agreement (MOA) with the Watershed Conservation Resource Center (WCRC)
outlining a general framework for cooperation for continued maintenance of stream restoration projects and other
nonpoint source pollution related issues.
Budget Impact:
4470.621.8810-5314.00
Sales Tax Capital Improvement
Account Number
Fund
02097.1
Stormwater Quality Management
Project Number
Project Title
Budgeted Item? Yes
Total Amended Budget
$ 258,835.00
Expenses (Actual+Encum)
$ 66,789.87
Available Budget
$ 192,045.13
Does item have a direct cost? No
Item Cost
$ -
Is a Budget Adjustment attached? No
Budget Adjustment
$ -
Remaining Budget
192,045.13
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
MEMORANDUM OF AGREEMENT
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Agreement (MOA) is entered into and executed on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center,
hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE.
A. PURPOSE
The purpose of this MOA is to establish a general framework for cooperation between the
WCRC and the CITY OF FAYETTEVILLE to 1) continue establishment of stream restoration
projects that achieve the common goal of restoring unstable sections of streams to a
morphologically stable form utilizing a natural channel design approach and 2) to work together
on nonpoint source (NPS) related issues associated with reducing nutrients and improving
riparian and other natural areas. Innovative approaches have been used in implementing stream
restoration projects that have resulted in improved water quality of the City's watersheds and
addressed severe streambank erosion, while restoring aquatic and terrestrial habitat and
maintaining a sustainable, natural hydrology. Continued cooperation will serve the parties'
mutual interest.
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural
resources by utilizing the watershed approach, conducting environmental outreach, and
providing planning and technical assistance to landowners, communities, and government. The
WCRC principals and staff are regional experts and local leaders in implementing natural
channel design -based stream restorations that meet multiple local and regional objectives relating
to river channel instability, water quality, ecological services, and green infrastructure. This
MOA is of benefit to the CITY OF FAYETTEVILLE because these activities will help to meet
the objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial
habitat restoration, improved water quality in the form of phosphorus and sediment reductions,
reduced streambank erosion, improve aesthetics of local streams and rivers, and contribute to the
quality of life for the residents of Fayetteville. This effort will also help to promote the use of
alternatives to traditional channel modifications in both urbanizing and rural areas.
The WCRC and the CITY OF FAYETTEVILLE partnered and have been awarded multiple
federal grant awards for restoring streams within the City and for assessing streams and natural
resource conditions for stability and pollution potential. These projects have brought over
$5,800,000 in Federal funding to the City for water quality and other environmental
improvements and have helped to create local partnerships and outreach opportunities in the
areas of river restoration, riparian enhancement, and watershed planning. Ten stream and
streambank restoration projects have been implemented that have resulted in over 19,900 tons of
1
sediment and 12,000 lbs of total phosphorus reductions, annually from streambank erosion,
restored both aquatic and terrestrial habitat, protected City infrastructure, and improved
aesthetics of City Parks and other properties. The WCRC currently has three active projects with
the City and other conservation partners to conduct additional river restoration and assess urban
streams and riparian areas to identify priority sites in need of restoration.
C. FEES AND PAYMENTS
No fee is associated with this MOA. As projects are identified by the City, a Task Order
establishing the scope, fee, and payment terms for the project will be developed. The basis of
this fee and justification for the fee shall be contained in an Appendix attached to each Task
Order. Adjustment of the fee may be made should WCRC establish and the CITY OF
FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity
or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to
shorten the duration of work from the time period specified in the Agreement for completion of
work and such modification warrants such adjustment.
In consideration of the above premises, the parties agree as follows:
D. THE WCRC:
1. Shall continue the establishment and necessary modification/corrections to those stream
restoration projects on which the City has partnered for a period of approximately 5
years after the completion of the project. After which time the project will be evaluated
by the parties to determine the appropriate continued maintenance.
2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the
City's procurement requirements, shall provide the services detailed in each Task Order.
Said tasks may include:
a. Vegetation establishment and management at City sponsored stream
restoration projects.
b. Corrective action and repairs of the restoration projects that may be
necessary due to high water events or other natural occurrences.
c. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS
related issues.
3. Shall accomplish other specific tasks as detailed in each Task Order.
4. Shall possess a valid contractor's license issued by the Arkansas Contractor's Licensing
Board when the cost of the work to be done on any project undertaken on behalf of the
City pursuant to this MOA or any Task Order, including, but not limited to, labor and
materials, is fifty thousand dollars ($50,000.00) or more, as required by Ark. Code Ann.
17-25-101, et seq. A copy of the license shall be provided to the City at the time WCRC
submits its proposal for such a qualifying project.
E. THE CITY OF FAYETTEVILLE:
1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLE and the WCRC.
2. Shall assist with project activities and tasks.
3. Shall provide documentation of all project activities and associated matching funds.
4
4. Recognizes that their participation in stream restoration and NPS projects is an integral
component in the success of the project that will result in improved water quality and
habitat restoration.
5. Shall accomplish other specific tasks as detailed in each Task Order.
F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. FREEDOM OF INFORMATION ACT (FOIA). CITY OF FAYETTEVILLE contract and
documents prepared while performing city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed
for this compliance. Any information furnished to the WCRC under this instrument is subject to
the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual
consent of the parties. Changes, modifications, or amendments in scope (other than as
specifically established in this MOA), price or fees to this agreement shall not be allowed
without a prior formal contract amendment approved by the Mayor and/or the City Council in
advance of the change in scope, cost or fees.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other
public or private agencies, organizations, and individuals.
4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the
last signature and is effective for five years.
5. PRINCIPAL CONTACT. The principal contacts for this instrument are:
Sandi Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: foi-inicanwatershedconservation.ors
Chris Brown, P.E., City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Phone: 479-575-8206
Fax: 479-575-8202
E-mail: cbrownnfayetteville-ar.gov
Alan Pugh, Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: apughnfayetteville-ar.gov
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6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide
by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against
any person because of age, race, color, religion, sex, national origin, or disability.
Sandi J. Form' a, Executive Director
Watershed Conservation Resource Center
11111111
G\1 Y C) 9 i
Kara Paxton, City lerk/Treas er •,
City of Fayetteville
J.
/V ` OtA
D to
June 4, 2024
Date
June 4, 2024
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