HomeMy WebLinkAbout058-26 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 58-26
File Number: 2026-232
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE 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 $42,498.82
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 $42,498.82 to satisfy portions of the National Pollutant Discharge Elimination System Phase II Stormwater
Permit Requirements.
Resolution: 58-26
File Number: 2026-232
Page 2
_______________________________
Molly Rawn, Mayor
_______________________________
Kara Paxton, City Clerk Treasurer
PASSED and APPROVED on March 5, 2026
Approved: Attest:
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-232
MEETING OF MARCH 5, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
FROM: Alan Pugh, Stormwater Manager
SUBJECT: Waive competitive bidding and approve an agreement in the amount of $42,498.82
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
RECOMMENDATION:
Waive competitive bidding and approve an agreement in the amount of $42,498.82 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 2025-2030 stormwater management permits. This agreement is for
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
participation in a 1-Year Regional Stormwater Education and Coordination Program.
BUDGET/STAFF IMPACT:
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: 3. Staff Review Form, 4. MOU 2026 Fayetteville, 5. 2026 NWA Stormwater Ed - Budget Split
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-232
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE 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 $42,498.82
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 $42,498.82 to satisfy portions of the
National Pollutant Discharge Elimination System Phase II Stormwater Permit Requirements.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
02097.1
Project Number
Budget Impact:
Stormwater Quality Management (Stormwater
Quality Mgmt/Nutrient Reduct)
Fund
Sales Tax Capital Improvements4470.621.8810-5314.00
Account Number
Project Title
City of Fayetteville Staff Review Form
2026-232
Item ID
2/17/2026
City Council Meeting Date - Agenda Item Only
Waive competitive bidding and approve an agreement in the amount of $42,498.82 with the Northwest
Arkansas Regional Planning Commission for a Stormwater Education Program to be provided by the University
of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit
requirements
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Chris Brown ENGINEERING (621)
Division / Department
1/29/2026
Submitted Date
Yes
299,219.27$
42,498.82$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
302,394.00$
3,174.73$
Yes
No -$
256,720.45$
FAYETTEVILLE
1
MEMORANDUM OF UNDERSTANDING FOR THE MUNICIPAL
SEPARATE STORM SEWER SYSTEMS (MS4) JURISDICTIONS OF
NORTHWEST ARKANSAS AND THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION
WHEREAS, 18 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
FAYETTEVILLE
2
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, 2026 – December 31, 2026), 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 day of , 202__.
________________________________________ FAYETTEVILLE OFFICIAL
Tim Conkin, Executive Director
Northwest Arkansas Regional Planning Commission
5 March 6
Molly Rawn, Mayor
Jurisdiction 2020 UA Pop.2020 % UA 2026 Costs
Greenland 162 0.04 $2,075.70
Elm Springs 1,391 0.34 $2,649.98
Tontitown 1,419 0.34 $2,663.06
Benton County 1,840 0.45 $2,859.79
Little Flock 1,842 0.45 $2,860.72
Elkins 1,991 0.48 $2,930.35
Washington County 2,958 0.72 $3,382.20
Johnson 3,145 0.76 $3,469.58
Cave Springs 4,560 1.10 $4,130.78
Pea Ridge 6,026 1.46 $4,815.81
Prairie Grove*5,993 1.45 $4,800.39
Farmington 6,253 1.51 $4,921.88
U of A**7,279 1.76 $5,401.30
Lowell 9,574 2.32 $6,473.70
Centerton 17,158 4.15 $10,017.52
Siloam Springs 17,287 4.19 $10,077.80
Bella Vista 26,236 6.35 $14,259.46
Bentonville 54,164 13.11 $27,309.55
Rogers 69,908 16.93 $34,666.34
Fayetteville**86,670 20.98 $42,498.82
Springdale 87,176 21.11 $42,735.27
Totals 413,032 100.00 $235,000.00
† The cost breakouts by jurisdiction assume all jursidictions participate
*Prairie Grove has portions in the Fayetteville 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
2026 Cost Allocation† 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 21 Collaborating Jurisdictions