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.
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PASSED and APPROVED this 190' day of February, 2008. c°�� •'G�SY O c ' •Gp'
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APPROVED- ATTEST: 'c aFAY ETTEVILLE ;
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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.
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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
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Sondra Smith, City. Clerk �tVTR
; FAYETTEVILLEe
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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
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TETRATECH , INC .