HomeMy WebLinkAbout81-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 81-25
File Number: 2025-232
2025 STORMWATER EDUCATION (SERVICE AGREEMENT):
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND APPROVE AN AGREEMENT WITH THE
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION FOR A STORMWATER EDUCATION
PROGRAM TO BE PROVIDED BY THE UNIVERSITY OF ARKANSAS COOPERATIVE EXTENSION
SERVICE IN THE AMOUNT OF $44,705.91
WHEREAS, the City has participated in the educational program provided by the University of Arkansas Cooperative
Extension since its inception; and
WHEREAS, since 2003, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs, Farmington, Fayetteville,
Greenland, Johnson, Little Flock, Lowell, Springdale and Rogers, along with Benton and Washington Counties and the
University of Arkansas, have been operating under the Environmental Protection Agency's federally mandated Phase II
Stormwater regulations as Municipal Separate Storm Sewer Systems; and
WHEREAS, while the participating jurisdictions obtain separate National Pollutant Discharge Elimination System
permits, they jointly contract with Cooperative Extension Service through the Northwest Arkansas Regional Planning
Commission as a successful and cost-effective means of implementing the following minimum control measures
required in their Phase II permits as well as ensuring uniformity in the message presented to residents of Northwest
Arkansas: Public Education and Outreach, Public Involvement and Participation and Pollution Prevention and Good
Housekeeping; and
WHEREAS, the agreement is for participation in a one-year Regional Stormwater Education and Coordination
Program where the allocation of cost is based on the population according to the census.
NOW, THEREFORE, 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 determines an exceptional situation exists
in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal
competitive bidding and authorizes an agreement with the Northwest Arkansas Regional Planning Commission for a
Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service in the
amount of $44,705.91 to satisfy portions of the National Pollutant Discharge Elimination System Phase II Stormwater
Permit Requirements.
Page 1
Resolution: 81-25
File Number: 2025-232
PASSED and APPROVED on March 18, 2025
Approved: Attest:
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Molly Rawn, Mayor
Kara Paxton, City Clerk Treasurer
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 18, 2025
CITY COUNCIL MEMO
TO: Mayor Rawn and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
SUBJECT: 2025 STORMWATER EDUCATION (SERVICE AGREEMENT):
RECOMMENDATION:
2025-232
Staff recommends waiving competitive bidding and approve an agreement in the amount of $44,705.91 with
the Northwest Arkansas Regional Planning Commission for a Stormwater Education Program to be provided
by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II
Stormwater Permit requirements.
BACKGROUND:
The City of Fayetteville has participated in the educational program provided by the University of Arkansas
Cooperative Extension since its inception. This program has been very successful and a valuable asset to the
public as well as the city.
DISCUSSION:
Since 2003, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs, Farmington, Fayetteville, Greenland,
Johnson, Little Flock, Lowell, Springdale and Rogers along with Benton and Washington Counties and the
University of Arkansas have been operating under the Environmental Protection Agency's (EPA) federally
mandated Phase II Stormwater regulations as Municipal Separate Storm Sewer Systems (MS4s). While the
participating jurisdictions obtain separate National Pollutant Discharge Elimination System (NPDES) permits,
they jointly contract with Cooperative Extension Service (CES) through the Northwest Arkansas Regional
Planning Commission (NWARPC) as a successful and cost-effective means of implementing the following
minimum control measures required in their Phase II permits as well as ensure uniformity in the message
presented to residents of Northwest Arkansas:
1) Public Education and Outreach
2) Public Involvement and Participation
6) Pollution Prevention and Good Housekeeping (training for municipal employees)
Positive feedback from the Arkansas Department of Environmental Quality (ADEQ) and participating MS4s has
led to the CES and the NWARPC continuing their partnership as the urban stormwater education program
support arm of the MS4s' new 2020-2024 stormwater management permits. This agreement is for
participation in a 1-Year Regional Stormwater Education and Coordination Program. The allocation of cost is
based on the population according to the census.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Funding for the program is available in the Stormwater Quality Management and Nutrient Reduction Plan
Budget. These funds are proposed to be utilized to satisfy the terms of the agreement.
ATTACHMENTS: SRF (#3) , 2025 Stormwater Education Agreement (#4), 2025 NWA Stormwater Education
Budget (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2025-232
2025 STORMWATER EDUCATION (SERVICE AGREEMENT):
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND APPROVE AN AGREEMENT WITH
THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION FOR A STORMWATER
EDUCATION PROGRAM TO BE PROVIDED BY THE UNIVERSITY OF ARKANSAS
COOPERATIVE EXTENSION SERVICE IN THE AMOUNT OF $44,705.91
WHEREAS, the City has participated in the educational program provided by the University of
Arkansas Cooperative Extension since its inception; and
WHEREAS, since 2003, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs, Farmington,
Fayetteville, Greenland, Johnson, Little Flock, Lowell, Springdale and Rogers, along with Benton and
Washington Counties and the University of Arkansas, have been operating under the Environmental
Protection Agency's federally mandated Phase II Stormwater regulations as Municipal Separate Storm
Sewer Systems; and
WHEREAS, while the participating jurisdictions obtain separate National Pollutant Discharge
Elimination System permits, they jointly contract with Cooperative Extension Service through the
Northwest Arkansas Regional Planning Commission as a successful and cost-effective means of
implementing the following minimum control measures required in their Phase II permits as well as
ensuring uniformity in the message presented to residents of Northwest Arkansas: Public Education and
Outreach, Public Involvement and Participation and Pollution Prevention and Good Housekeeping; and
WHEREAS, the agreement is for participation in a one-year Regional Stormwater Education and
Coordination Program where the allocation of cost is based on the population according to the census.
NOW, THEREFORE, 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 determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and authorizes an agreement with the Northwest Arkansas
Regional Planning Commission for a Stormwater Education Program to be provided by the University
of Arkansas Cooperative Extension service in the amount of $44,705.91 to satisfy portions of the
National Pollutant Discharge Elimination System Phase II Stormwater Permit Requirements.
Page 1
City of Fayetteville Staff Review Form
2025-232
Item ID
3/18/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 2/20/2025 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Waive competitive bidding and approve an agreement in the amount of $44,705.91 with the Northwest
Arkansas Regional Planning Commission for a Stormwater Education Program to be provided by the University
of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit
requirements
Budget Impact:
4470.621.8810-5314.00 Sales Tax Capital Improvements
Account Number Fund
02097.1 Stormwater Quality Management (Stormwater
Quality Mgmt/Nutrient Reduct)
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 308,069.00
$ 2,763.99
$ 305,305.01
$ 44, 705.91
260,599.10
Previous Ordinance or Resolution #
Approval Date:
V20221130
FAYETTEVILLE
MEMORANDUM OF UNDERSTANDING FOR THE MUNICIPAL
SEPARATE STORM SEWER SYSTEMS (MS4) JURISDICTIONS OF
NORTHWEST ARKANSAS AND THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION
WHEREAS, 17 cities in Benton and Washington Counties, the counties
themselves, and the University of Arkansas meet the U.S. Environmental
Protection Agency's "small" urbanized area municipal separate storm
sewer systems (MS4) criteria, and must comply with national Phase II
Stormwater Regulations; and
WHEREAS, the Arkansas Energy and Environment — Office of Water
Quality (DEQ), the state agency authorized by EPA to issue National
Pollutant Discharge Elimination System (NPDES) permits requiring and
ensuring compliance, will establish dates for affected entities to be covered
under Arkansas' general permit for MS4s; and
WHEREAS, said permit requires development, implementation, and
evaluation of a stormwater management plan, that addresses each of the
six minimum control measures identified in the Phase II Storm Water
Regulations contained in 40 CFR 122.26 and outlined in Part I.B.; and
WHEREAS, the Northwest Arkansas Regional Planning Commission
(NWARPC) has coordinated meetings between representatives of affected
jurisdictions in an effort to determine, in the interest of economy and
efficiency, whether certain stormwater permit components could be
addressed collectively, rather than individually; and
WHEREAS, it has been determined that a cost effective, regional
approach to certain minimum control measures required as part of the
permit — namely Public Education and Outreach, Public Involvement and
Participation, and the education component of Pollution Prevention/Good
Housekeeping — is both logical and appropriate; and
WHEREAS, the NWARPC previously requested and received
statements of qualifications from interested institutions and firms with
demonstrated water quality educational expertise, and has, in cooperation
with representatives of affected MS4 jurisdictions, endorsed the attached
proposal from the University of Arkansas Cooperative Extension Service;
and
WHEREAS, the DEQ has endorsed the regional concept and proposal
for addressing said minimum control measures; and
WHEREAS, said representatives of affected MS4s have also endorsed
the distribution of costs associated with the proposal as shown on the
attached cost allocation plan; and
1
FAYETTEVILLE
WHEREAS, the Board of Directors of the NWARPC have authorized
the Commission to act as the financial clearinghouse and primary
contractor, on behalf of said MS4s, in connection with said proposal.
NOW, THEREFORE BE IT RESOLVED THAT WE, THE
UNDERSIGNED MS4 JURISDICTION, AND THE BOARD OF DIRECTORS
OF THE NORTHWEST ARKANSAS REGIONAL PLANNING
COMMISSION, AGREE AS FOLLOWS:
SECTION 1. To participate in a 1-Year Regional Stormwater Education and
Coordination Program (January 1, 2025— December 31, 2025), to be carried
out by the University of Arkansas Cooperative Extension Service through an
engagement with the Northwest Arkansas Regional Planning Commission,
with costs based on a base cost and each jurisdiction's pro -rated share of
the region's 2020 urban area population; it being understood that said
services to be provided shall satisfy requirements for the federally -
mandated minimum control measures referenced herein. Commitments
for participation in said program in future years will require governing body
approval on a year-to-year basis.
SECTION 2. To participate financially in accordance with the attached cost
allocation plan. Any increases in the costs allocated to the undersigned
MS4 due to the failure of other MS4 jurisdictions to participate shall be
subject to the approval of the undersigned MS4.
SECTION. 3. That all funds received by NWARPC from MS4s shall be utilized
in their entirety for stormwater management program services and
coordination activities in connection with EPA Phase II Stormwater Program
requirements and shall be accounted for separately from all other
Commission funds.
Dated this 18 day of March , 2025._
Tim Conkin, Executive Director
NWARPC
0A
FAYETTEVILLE OFFICIAL
2025 Cost Allocationt of U of A Cooperative Extension Service Regional Stormwater
Education and NWA Regional Planning Commission Stormwater Coordination for NWA MS4
Jurisdictions
MS4 Cost = $2,000 Base cost + (Remaining Program Cost x % Urban Area Population)
Using 2020 US Census Data for the 20 Collaborating Jurisdictions
Jurisdiction
2020 UA Pop.
2020 % UA
2025 Costs
Greenland
162
0.04
$2,079.82
Elm Springs
1,391
0.35
$2,685.40
Tontitown
1,419
0.36
$2,699.20
Benton County
1,840
0.46
$2,906.64
Little Flock
1,842
0.47
$2,907.63
Elkins
1,991
0.50
$2,981.05
Washington County
2,958
0.75
$3,457.53
Johnson
3,145
0.79
$3,549.67
Cave Springs
4,560
1.15
$4,246.90
Prairie Grove*
5,993
1.51
$4,953.00
Pea Ridge
6,026
1.52
$4,969.26
Farmington
6,253
1.58
$5,081.11
U of A**
7,279
1.84
$5,586.67
Lowell
9,574
2.42
$6,717.51
Centerton
17,158
4.34
$10,454.46
Bella Vista
26,236
6.63
$14,927.57
Bentonville
54,164
13.69
$28,688.85
Rogers
69,908
17.66
$36,446.58
Springdale
87,176
22.03
$44,955.24
Fayetteville**
86,670
21.90
$44,705.91
Total
395,745
100.00
$235,000.00
t The cost breakouts by jurisdiction assume all jursidictions participate
*Prairie Grove has portions in the MSA and in is own designated UA - this number reflects the total of both portions
** University of Arkansas number of resident beds substracted from Fayetteville's UA population
Note: Regulated population is citywide for Bentonville, Rogers, Springdale and Fayetteville per the new >50,000 population requirement
