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HomeMy WebLinkAboutOrdinance 5113 ORDINANCE NO. 5113 AN ORDINANCE WAIVING THE REQUIREMENTS OF §34.23 , (PURCHASES AND CONTRACTS NOT IN EXCESS OF $20,000.00), OF THE FAYETTEVILLE CODE OF ORDINANCES AND APPROVING AN AGREEMENT WITH THE NORTHWEST ARKANSAS COMMUNITY FOUNDATION (NWACF) IN THE AMOUNT OF $ 10,000.00 FOR DEVELOPMENT OF THE BEAVER WATERSHED MANAGEMENT PLAN. WHEREAS, the Northwest Arkansas Community Foundation possesses unique expertise and resources ideally suited to meet the City of Fayetteville's need for developing the Beaver Watershed Management Plan as part of the Stormwater Management Program, Phase II; and WHEREAS, the Northwest Arkansas Community Foundation (NWACF) can perform this work at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby waives the requirements of §34.23, (Purchases and Contracts Not in Excess of $20,000.00), of the Fayetteville Code of Ordinances and approves a Contract with the Northwest Arkansas Community Foundation (NWACF) in the amount of $ 10,000.00 for development of the Beaver Watershed Management Plan, and authorizes Mayor Coody to execute this Agreement. A copy of the Agreement, marked Exhibit A, is attached hereto and made a part hereof. RTR K/ �''%,� PASSED and APPROVED this 190' day of February, 2008. c°�� •'G�SY O c ' •Gp' ;Ve APPROVED- ATTEST: 'c aFAY ETTEVILLE ; �� 9'�9RkANSP� By: By: �� cQ` w— �" `�'�''.a;NGTON DAN COODY, Mayor SONDRA E. SMITH, City Clerl, Treasurer CONTRACT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND NORTHWEST ARKANSAS COMMUNITY FOUNDATION AGREEMENT On this4day of 2008, this agreement is made by and between City of Fayetteville and Northwest Arkansas C mmunity Foundation ("NWACF") upon the terms and conditions set forth herein. RECITALS: WHEREAS, the City of Fayetteville as a customer city of Beaver Water District is one of the primary purchasers of drinking water from Beaver Lake; and WHEREAS, Beaver Lake, the source of drinking water for more than 300,000 Arkansans, is a critical piece of Northwest Arkansas' infrastructure that must be maintained in order to ensure we continue to have a readily available supply of sufficient and affordable drinking water; and WHEREAS, NWACF is a nonprofit corporation and community foundation whose mission is to improve the quality of life for people living in Benton, Carroll, Madison, and Washington Counties; and WHEREAS, the Northwest Arkansas Council, in recognition of the importance of maintaining the water quality of Beaver Lake, has entered into a "NWA Watershed Resource" Field of Interest Fund Agreement with NWACF; and WHEREAS, it is mutually beneficial for the City of Fayetteville and NWACF to agree and memorialize their commitments to each other. NOW THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the City of Fayetteville and NWACF covenant and agree as follows: 1. Cooperation. The City of Fayetteville and NWACF will cooperate and communicate in all the dealings contemplated herein. 2 Beaver Lake Watershed Planning. The professional management and administrative staff of NWACF will facilitate the administration of the Professional Services Agreement between the Northwest Arkansas Council and Tetra Tech, Inc., for Beaver Lake Watershed Planning Consultant Services, which is dated August 2007 (hereinafter referred to as the "Tetra Tech Agreement") A copy of the Tetra Tech Agreement is attached hereto and incorporated by reference herein. The Tetra Tech Agreement includes a Scope of Services, which itemizes the tasks, schedules, and deliverables. The compensation to Tetra Tech for these services under the Tetra Tech Agreement is not to exceed $515,606. y et 3 . Services and Deliverables. NWACF, through its agreement with the Northwest Arkansas Council, agrees to diligently facilitate the administration of the Tetra Tech Agreement. NWACF will promptly provide to the City of Fayetteville a copy of any and all written documents produced by Tetra Tech pursuant to the Tetra Tech Agreement. NWACF also will promptly provide to the City of Fayetteville a copy of any documents submitted to NWACF by the Northwest Arkansas Council in relation to the Tetra Tech Agreement. 4. Payment. The City of Fayetteville agrees to pay NWACF for services and deliverables in accordance with this Services Agreement and based upon approved requests for payment. Said payment will be $10,000. 5 . Billing. The City of Fayetteville will pay the amounts agreed to herein based upon receipt of invoices sent by NWACF. 6. Independent Contractor. NWACF is an independent contractor and neither NWACF nor NWACF's staff is or shall be deemed to be employed by the City of Fayetteville. This Services Agreement does not create a partnership or joint venture agreement between the City of Fayetteville and NWACF. 7. Termination. This Services Agreement may be terminated at any time by either party upon thirty (30) days written notice. 8. Amendment. Any amendments to this Services Agreement shall be in writing and signed by authorized representatives of the City of Fayetteville and NWACF. 9. Applicable Law. This Services Agreement shall be construed in accordance with the laws of Arkansas. 10. Assignment. This Services Agreement may not be assigned by either party without the prior written consent of the other party. IN WITNESS WHEREOF, the parties hereto have signed this Services Agreement as of the date first above written. Northwest Arkansas Community Foundation City of Fayetteville *Serd, Ex6c4tivee Director Dan Coody, Mayor qL Sondra Smith, City. Clerk �tVTR ; FAYETTEVILLEe 'r4'9R *ANSP�J�.� 141 00 City of Fayetteville Staff Review Form ; 3 City Council Agenda Items or Contracts 2/19/2008 City Council Meeting Date Susan B. Thomas Public Information Administration Submitted By Division Department Action Required : An ordinance to waive quotation bidding for services costing less that $20,000 and to approve a contract for $101000 with the Northwest Arkansas Community Foundation to assist in the improvement of water quality in the Beaver Lake Watershed and development of a Beaver Lake Watershed Management Plan . $ 103000.00 $ 460,426.00 Drainage Study/Phase II Storm Cost of this request Category / Project Budget Program Category / Project Name 44701 -9470-5314-00 $ 248,893.00 Bridge & Drainage Improvements Account Number Funds Used to Date Program / Project Category Name 02097.1 $ 211 ,533.00 Sales Tax Capital Improvements Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached Previous Ordinance or Resolution # 2/1 !2008 Department Director Date Original Contract Date: Original Contract Number: City Attorney �• T �� Date Received in C' Cler ®® Office �Par+x Finance and Internal Service Director Date — Received in Mayor's Office Mayor Date Comments: • Tay?rl e ARKANSAS City Council Memo TO: Mayor Coody and City Council FROM: Susan B. Thomas, Public Information and Policy Advisor DATE: February 1 , 2008 SUBJECT: Beaver Lake Watershed Management Plan RECOMMENDATION An ordinance to waive quotation bidding for services costing less that $20,000 and to approve a contract for $ 10,000 with the Northwest Arkansas Community Foundation to assist in the improvement of water quality in the Beaver Lake Watershed and development of a Beaver Lake Watershed Management Plan. BACKGROUND The Northwest Arkansas Council has initiated a watershed management planning process for the Beaver Lake watershed with Tetra Tech Inc., a national watershed consulting firm. Tetra Tech also has a contract with the Illinois River Watershed Partnership to develop the Illinois River Watershed Management Plan. Through the planning process, consensus driven policies that are agreed to by stakeholders will emerge. Those policies will guide stakeholders on the best methods and practices for watershed conservation and restoration. DISCUSSION Because Beaver Lake is the primary source of drinking water for more than 250,000 people (more than 9 percent of Arkansas' population) and because of the other benefits the lake provides to the region, many citizens, businesses, and city/county governments are concerned about protecting the water quality in the lake. Our region has experienced tremendous growth over the last several years, and while it may be at a slower rate, that growth is expected to continue. High growth rates and future urbanization can produce a negative impact on water quality. There are various local, regional, state and federal projects currently underway working to preserve and protect the water quality at Beaver Lake. The Watershed Management planning process can help coordinate these efforts and build consensus among various stakeholders including technical experts who gather data and conduct scientific research on water quality as well as levels of sediments, nutrients, and bacteria. The Tetra Tech Agreement is attached and includes a Scope of Services which itemizes tasks, schedules, and deliverables for the Watershed Management Plan. The deliverables for this ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF §34.23, (PURCHASES AND CONTRACTS NOT IN EXCESS OF $20,000.00), OF THE FAYETTEVILLE CODE OF ORDINANCES AND APPROVING AN AGREEMENT WITH THE NORTHWEST ARKANSAS COMMUNITY FOUNDATION (NWACF) IN THE AMOUNT OF $ 102000.00 FOR DEVELOPMENT OF THE BEAVER WATERSHED MANAGEMENT PLAN. WHEREAS, the Northwest Arkansas Community Foundation possesses unique expertise and resources ideally suited to meet the City of Fayetteville's need for developing the Beaver Watershed Management Plan as part of the Stormwater Management Program, Phase II; and WHEREAS, the Northwest Arkansas Community Foundation (NWACF) can perform this work at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby waives the requirements of §34.23, (Purchases and Contracts Not in Excess of $20,000.00), of the Fayetteville Code of Ordinances and approves a Contract with the Northwest Arkansas Community Foundation (NWACF) in the amount of $10,000.00 for development of the Beaver Watershed Management Plan, and authorizes . Mayor Coody to execute this Agreement. A copy of the Agreement, marked Exhibit A, is attached hereto and made a part hereof. PASSED and APPROVED this 191h day of February, 2008. APPROVED: ATTEST: By: By: DAN GOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer agreement include all written documents produced by Tetra Tech. BUDGET IMPACT This contract would be funded from the Phase II Stormwater funds and will be counted toward the City's $200,000 annual obligation under its March 2006 agreement with Beaver Water District (email attached). 100 W. Center, Suite 300 i NORTHWEST ARKANSAS Fayetteville, All 72701 • PH479 582 2100 cx 479 582 1919 cc^c^.ncnrk.oig January 14, 2008 MEMORANDUM FOR SUSAN THOMAS FROM: Mike Malone Executive Director Northwest Arkansas Council SUBJECT: Request for Funding for Beaver Lake Watershed Planning As a regional leader, you are certainly well aware of the importance of Beaver Lake to the long- term success of our region. It was one of the earliest examples of regional cooperation and key to our continued success as a region. The purpose of this memorandum is to ask you to fund a portion of the cost of the Beaver Lake Watershed Planning effort. We need to demonstrate broad support for this important project Preserving the various uses of Beaver Lake can not be the work of a few and must be the work of the region. The Northwest Arkansas Council has decided to lead an effort to develop a watershed plan for the Beaver Lake watershed. Our focus as a Council has always been on finding solutions to regional challenges and we now want to be the catalyst for bringing all stakeholders together to, identify the best ways to maintain the various uses of the lake. The Council conducted a nationwide search for a watershed consultant that has worked in regions similar to ours. We identified a preferred consultant and have been in discussions with the firm regarding scope of services and budget for the project. It is expected that the full consensus-driven planning effort will cost approximately $500,000 over a two-year period. We are asking for a two year commitment of up to $10,000 per year from you and other funding partners, if possible. At the end of the two year project, a watershed management plan and related educational materials will be delivered to you and other funding partners. We welcome the opportunity to visit with you about this effort if you are interested in discussing it further. You may contact me at 582-2100, if you have any questions about the project or the information presented in this memo. Additional background about the project and instructions for funding partners are attached to this memo. Thank you again for your continued support for protecting Northwest Arkansas' water resources. Background on the Beaver Lake Watershed Planning Proiect • Need to Act Now to Protect the Lake - Beaver Lake has provided great benefits to the region over the past half century. If we can protect the quality of the water in the lake, the quantity of water available is going to be enough to serve the region for another fifty years. Some scientific studies indicate that the levels of sediment, nutrients and bacteria are growing in parts of Beaver Lake although most experts also agree that the water quality of the lake is still relatively good. Of course, some of the data does indicate some level of decline in the quality of the water. Even though conditions remain generally good in the lake at this time, research from other areas experiencing rapid growth clearly documents the impact that urbanization and development can have on water quality. Finally, technical experts now have modeling tools at their disposal that can be used to predict the negative impact of increased nutrients, bacteria and sediment on Beaver Lake water quality. The bottom line is that as a region, WE CANNOT AFFORD TO LOSE THE QUALITY OF BEAVER LAKE. • Convening Stakeholders - The idea behind the concept is to build consensus driven policies that are agreed to by a group of stakeholders with interest in the region. This idea is similar to the collaborative model used by the Illinois River Watershed Partnership in that watershed. Stakeholders would include (and not be limited to) representatives from environmental groups, local businesses, property owners, recreational users of the lake, water providers, as well as related State and Federal agencies. Through this model, no one stakeholder will be able to get everything they want out of the watershed protection policies. But, without a consensus driven process, we will not have any region-wide policies and little coordination of the various conservation efforts. • Coordinating Efforts - Many are concerned about the quality of water in the Beaver Lake watershed. At this time, various conservation efforts are currently being pursued by Beaver Water District, the University of Arkansas' Cooperative Extension Service, the Audubon Society, the Nature Conservancy and State and Federal agencies. We fear that until we have a unified regional consensus on the level of water quality desired among key stakeholders, the various efforts will be disjointed and less effective. The recommendation from our Committee to hire a watershed policy consultant would help coordinate these various efforts. The consultant will also serve as a liaison between the technical experts who have conducted research in the watershed. The consultant will be able to translate existing data for use by the stakeholders in developing watershed protection policies and help us work together to establishing reasonable standards. This consultant will also identity areas in which additional data is needed to respond to stakeholder questions and priorities. • Educational Materials - Finally, the consultant will help develop educational materials based on the policies developed by the stakeholders. These materials could be used to transmit the scientific data behind the need to protect the watershed. They could also be used to disseminate information about what individuals can do on their own to protect the watershed. L Instructions for Watershed Planning Project Funding Partners A fund has been established at the Northwest Arkansas Community Foundation, a 501 (c)(3) non-profit organization, for the purpose of collecting funds for the watershed planning project. These.funds will be combined with funds from other funding partners and used by the Northwest Arkansas Council to pay Tetra Tech, Inc. , a national watershed consulting firm with significant watershed planning experience, for services they provide. Deliverables will include a nine-point watershed plan for the Beaver Lake Watershed and a series of educational materials that relate to recommendations in the plan. To provide funding for the project: 1 . Notify Mike Malone at the Northwest Arkansas Council (479-582-2100 or at mikemaloneenwacouncil.org) of the amount and schedule under which your funds will be provided 2. Checks should be made payable to the Northwest Arkansas Community Foundation 3. The "memo" or "for" line of the check should include a notation that the . funds are to be deposited in the "NWA Watershed Resource Fund" 4. Checks should be mailed to: Northwest Arkansas Community Foundation 800 Founders Park Drive Springdale, AR 72762 Public agencies providing funding may choose to sign services agreements that set forth the deliverables to be provided. Please contact Mike Malone for more information. Thank you for providing funding for this important project. (1/31/2008) Susan Thomas - City and BWD Agreement;Tetra Tech Watershed Effort ' Page 1� From : "Colene Gaston" <cgaston@bwdh2o.org> To: <sthomas@ci.fayetteville.ar.us> Date: 10/9/2007 1 :53 PM Subject: City and BWD Agreement; Tetra Tech Watershed Effort CC: "Larry Lloyd" <LLloyd@bwdh2o.org>, "Robert Morgan" <rmorgan@bwdh2o.org>, ... Dear Susan, Under the March 2006 agreement between the Beaver Water District (BWD) and the City of Fayetteville, the City is to spend $200,000 per year implementing nonpoint source reduction projects in the Beaver Lake watershed. This is to confirm that any payments made by the City to the Northwest Arkansas Community Foundation specifically for the Beaver Lake watershed planning effort being conducted by Tetra Tech pursuant to its contract with the Northwest Arkansas Council may be counted towards the City's $200,000 annual obligation under its agreement with BWD. Please let me know if you have any questions. Best regards, Colene Colene Gaston Staff Attorney Beaver Water District P.O. Box 400 Lowell, AR 72745 Ph. 479-756-3651 Fx. 479-751 -4356 Proposed Scope of Work for Watershed Planning Consultant Services Submitted to: Northwest Arkansas Council 100 West Center, Suite 300 Fayetteville, AR 72701 .y Submitted by: Tetra Tech, Inc. 3200 Chapel Hill - Nelson Highway Cape Fear Building, Suite 106 P.O. Box 14409 Research Triangle Park, NC 27709 T Revised March 26, 2007 ..sem 1!. TETRATECH , INC .