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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 . Tetra Tech, Inc. Scope of Work Revised March 26, 2007 TASK 1 - Program Scoping: The purpose of program scoping is to set the stage for a focused and effective management strategy development phase.. Scoping involves developing a collective understanding of land use and management, stakeholder concerns, existing watershed conditions, potential future conditions, key threats to water quality, and the expected effectiveness of existing management measures. This information provides the basis for establishing goals and objectives for the watershed management strategy, and the appropriate assessment process to support the strategy development. Tetra Tech will work with the Technical Advisory Group to establish indicators for the key objectives and targets that reflect the threshold values of the indicators when the objectives are met. Stakeholders should be involved in developing and adopting goals and objectives and the corresponding management targets, so this scoping step also involves recruiting and engaging representative stakeholders. Therefore, specific subtasks that Tetra Tech will perform for the Program Scoping step are as follows: 1. Inventory and Review Existing Information and Planning Tools Tetra Tech will coordinate with the NW Arkansas Council (Council) members and partners, as well as the Technical Advisory Group (TAG), to compile and review available data, models, and assessments of the reservoir, its tributaries and its watershed, along with information regarding land use and management and stakeholder concerns and current practices. Under this subtask scope, it is assumed that Council members and partners will provide data and reports to Tetra Tech for review. Tetra Tech will focus its efforts on interpretation and communication of the information. Tetra Tech will set-up and manage a project database and project GIS to support scoping as well as later planning tasks. These systems will allow for storage of data provided to Tetra Tech, spatial interpretation of information, and display of information for communicating with stakeholders. Conditions and trends will be noted along with the causes and sources of pollution that need to be controlled where existing problems are evident (one of the minimum elements required under Section 319 Guidelines for the Development of Watershed Plans for Impaired Waters). This will involve a comprehensive review (to the extent that resources allow) of information including: • Spatial relationships regarding water quality conditions and trends in Beaver Lake. • Population and land use/land cover patterns in the watershed. • Interpretation of soils and slopes throughout the watershed. • Relative pollutant load.contributions delivered to the lake from tributaries, including total loads and areal loading rates (i.e., mass/area/time such as Ib/ac/yr). • Interpretation of agricultural loadings and current best management practices. • Interpretation of urban and suburban loadings and current management practices. • Interpretation of riparian condition, and erosion and sedimentation threats. • Interpretation of relative point source contributions. • Comparison of point source and nonpoint sources by tributary. 3 Tetra Tech, Inc. Scope of Work Revised March 26, 2007 Additionally, Tetra Tech will build off of Beaver Water District's inventory of existing regulations (undergoing development at the time of this Scope preparation), noting both regulations and programs available as tools of watershed protection to help establish a baseline for future strategy development. Management gaps will be highlighted for consideration in the next planning stages. A critical part of subtask 1.1 will be to review the status of the watershed and lake response models. The models must meet demonstrated levels of accuracy and be linked effectively to support baseline analysis and predictive modeling for proposed management scenarios. Since the Management Strategy ultimately produced by the project will use the modeling results as the technical foundation for what is needed to achieve water quality targets, it is very important that modeling framework be technically sound and defensible. Tetra Tech modeling experts will review the setup and calibration for the current SWAT and CE-QUAL-W2 models, and evaluate their suitability to meet project objectives. Findings will be submitted in a brief memo, including any recommendations for addressing needed refinement or enhancements to support the Implementation Strategy development process. Throughout the scoping process, Tetra Tech will work with the project partners to identify information gaps that are critical to completing next steps in the planning process. Based on some preliminary discussion with Council members and technical partners, it is anticipated that some areas of the watershed will not have sufficient assessment information available to fully identify degraded and impaired areas that are in need of management. For example, staff from one Council member estimated that about two-thirds of the watershed has not been evaluated for stream channel stability (unstable stream segments may provide significant sources of sediment load to downstream tributary and lake locations). To the extent possible and practical, the Council will work with technical partners to fill those gaps during the planning process. For gaps that cannot reasonably be filled in time for strategy development, Tetra Tech will plan to incorporate with the management strategy recommended next steps for assessing those areas to guide possible future management actions. Deliverables and Schedule: a) Memo on Status of Modeling Tools (within 30 days of receipt of modeling files and reports) b) Bibliography of data and information sources (provide at end of Scoping Phase) c) Project GIS (file index provided at end of Scoping Phase and at end of project) d) Analysis results to be incorporated with Program Scoping Results documentation under subtask 1.4. 2. Coordinate a Baseline Analysis Tetra Tech will work with the Council and its technical partners to translate the area's Regional Growth Strategy (Collins, University of Arkansas) future (50 -year) population and land use projections for the watershed into a modeling future scenario that can be compared to existing conditions. Tetra Tech's watershed assessment and modeling experts will advise the Council and its technical partners on watershed and lake model setup and will provide review of model input and output. Tetra Tech will interpret the Council's technical team modeling results, and inform stakeholders regarding the magnitude of threat to water quality from existing and future sources of pollution, which will provide the basis for drafting goals, objectives, and water quality -based management targets, and establish a basis or need for additional management measures. r©I Tetra Tech, Inc. Scope of Work Revised March 26, 2007 Deliverables and Schedule: a) Correspondence on recommended future scenario to guide model setup (within 30 days of completion of subtask 1.1 Status of Modeling Tools memo) b) Correspondence on model setup QA and review (provided within 5 to 10 days of receiving data and information from technical team) c) Correspondence on model output interpretation (shared with technical team prior to incorporating with Program Scoping Results documentation under subtask 1.4.) 3. Develop Stakeholder Involvement Process Tetra Tech will work with the Council to design a collaborative stakeholder education and involvement process, commensurate with available resources, aimed at generating support for an effective watershed management strategy. Tetra Tech will draw on its extensive expertise and experience in stakeholder involvement to outline initial recommendations and options for consideration by the Council, and collaborate to refine the process based on Council feedback. The process will describe how the Council, TAG, public stakeholder forums and Tetra Tech will interact, identifying key methods and milestones for the process. Tetra Tech will ensure that the process is designed to be consistent with the Section 319 Guidelines for Watershed Plans for Impaired Waters, which include developing an information and education component as one of the required minimum elements. Based on conversations to date with selected Council staff and members, Tetra Tech would propose the following process (Tetra Tech will work with the Council to finalize a stakeholder process commensurate with available resources). The Walton Foundation -sponsored public survey (scheduled to be performed in the next 3 to 4 months) will provide a very important building block for developing the stakeholder involvement process. That survey should seek to obtain input from a wide range of stakeholders regarding their perceptions, concerns, issues, and willingness to support change in current practices. Tetra Tech will review the draft survey instrument as well as help develop target audiences to survey. Follow up with some of the stakeholder groups, as resources allow, may be necessary to clarify some points. The results of this Survey will be incorporated into the Program Scoping Report (subtask 1.4). As noted in subtask 2.1 below, while the Program Seeping Analysis is underway, Tetra Tech will assist in the formation of a Policy Advisory Group. This Group, comprised of approximately 12 to 15 stakeholders and community leaders representing diverse interests, will meet at strategic milestones in the process to guide development of the management plan. It is assumed that there will be approximately seven Policy Advisory Group Meetings. Between meetings, Tetra Tech will share project updates through emails and a newsletter. Tetra Tech will also work with the TAG that has been established to develop water quality standards for lakes in Arkansas. The Group will assist in selecting appropriate indicators and management targets, screening management alternatives, and recommending implementation provisions. Tetra Tech will work with the Group on an as needed basis. After the Scoping Analysis is completed, Tetra Tech will begin identifying promising management alternatives to address the existing and future sources of pollution. To support the Policy Advisory Group's deliberation of alternatives and to reach out to key groups that will need to implement the plan, Tetra Tech will hold an informal focus group meeting with up to ten different sectors. Many of these sectors will have been surveyed at the beginning of the project to determine their O 5 Tetra Tech, Inc. Scope of Work Revised March 26, 2007 perceptions and concerns. The purpose of these focus group meetings is to share the findings of the scoping analysis as it relates to a particular group or sector (i.e., holding a meeting with cooperative extension and some farmers to share the current and predicted contribution from agriculture, holding a meeting with developers and contractors to share the current and predicted contribution from development and construction activities, etc.) and to solicit from each group what it considers to be promising solutions or management alternatives. Each of the participating groups will receive project updates and newsletters similar to the Policy Advisory Group. Tetra Tech will use input from the Policy Advisory Group and focus groups to identify promising management alternatives and management scenarios to model. These group discussions will also be used to develop criteria for evaluating the scenarios. After the focus group meetings have been held, the stakeholder process will center on the Policy Advisory Group during development of the Watershed Management Strategy. Once a draft Strategy has been developed, Tetra Tech will conduct an extensive public outreach process to obtain feedback. It is envisioned that the members of the Policy Advisory Group will assist in this effort. Outreach will target those groups who participated in the survey, focus groups, and the general public. Tetra Tech will revise the draft Strategy based on the public meetings, and will provide a summary of the comments along with a proposed Watershed Management Strategy to the Council. . Tetra Tech anticipates that the Watershed Management Strategy will include a number of watershed management measures. Clearly, to be successful, public information and education will need to be part of the Strategy. Deliverables and Schedule: a) Draft memo recommending Stakeholder Involvement Process (within 60 days of notice to proceed) b) Final memo outlining recommended Stakeholder Involvement Process (within one to two weeks of receiving comments on the draft memo from Council representatives) 4. Document Program Scoping Results Key information generated in the Program Scoping step will be documented in concise formats (i.e., brief memo or newsletter) suitable for communication with the public (including good graphics). The information from the program scoping should be summarized to help stakeholders understand key starting point information such as: • What are the current conditions and issues in the watershed? • How are those conditions expected to change in the future if no additional management actions are taken? • What are the biggest gaps in current management programs to protect reservoir water quality? • What quantitative indicators are most appropriate to track the status of water quality in Beaver Lake and what management targets should be considered? • What is the proposed approach for developing a management strategy? lJ Tetra Tech, Inc. Scope of Work Revised March 26, 2007 Deliverables and Schedule: a) Draft memo or newsletter (within four months of notice to proceed) b) Final memo or newsletter (within one to two weeks of receiving comments on the draft memo from Council representatives) Task 2 — Policy Advisory Group Support 1. Assist in Formation of the Policy Advisory Group Simultaneous to the baseline analysis task, Tetra Tech will work with the Council to identify key stakeholders to recruit to a Policy Advisory Group that best implements the stakeholder involvement strategy developed under subtask 1.3. Tetra Tech will advise the Council on group composition, prepare descriptions of group member roles and commitments, provide recommended protocols for the group operations, and assist in early communication with selected members. It is assumed that Council members will make initial contact, and that Tetra Tech will follow up with formal invitation letters. Deliverables and Schedule: a) Consultation on Policy Advisory Group membership (within 60 to 90 days of notice to proceed, after survey information reviewed and Stakeholder Involvement Process developed under subtask 1.3) b) Orientation materials on roles, commitments, protocols (within 60 to 90 days of notice to proceed) c) Invitation letters (within 90 days of notice to proceed) 2. Facilitate Policy Advisory Group Meetings Throughout the project, Tetra Tech will provide facilitation services to guide and involve stakeholders in the planning process. Such services will include agenda planning, development of PowerPoint presentations and talking points, preparation of meeting handouts and displays, solicitation of input from stakeholders, and mediation of issues. Following meetings, services will include preparation of meeting summaries, and input as needed and resources allow to help the Council in working with the media to ensure accurate information is presented to the public. Because of the relatively high cost for preparing for, conducting, and following up on Policy Advisory Group meetings, Tetra Tech will limit the number of meetings — focusing on important milestone periods in the process where sharing of important results and obtaining input on critical matters need to occur. Meeting agendas will be set to guide the Group through the process including input on key policy decisions. Key milestones are expected to include: • Group Orientation • Review of Baseline Analysis Results and Initial Discussion of Goals and Objectives • Adoption of Goals and Objectives; Initial Discussion of Targets for Selected Indicators • Adoption of Management Targets for Selected Indicators • Identification of Most Promising Management Alternatives O Tetra Tech, Inc. Scope of Work Revised March 26, 2007 • Determination of Preferences in Light of Management Scenario Evaluation • Recommendations for the Watershed Management Strategy Tetra Tech will support up to 7 meetings of the Policy Advisory Group aligned with these milestones. Communication will be maintained in between meetings using newsletters and email correspondence. Deliverables and Schedule: a) Facilitation of up to 7 Policy Advisory Group meetings (timing to be determined; the first orientation meeting anticipated around month four in the process) b) Up to twelve emails/newsletters (between meetings) Task 3 — Watershed Management Strategy Development The watershed management strategy development process will be built upon the foundation established through Tasks 1 and 2 above (i.e., the information base and stakeholder involvement process established through Program Scoping, the formation of the Policy Advisory Group, and information and support from the TAG). 1. Provide for Stakeholder Outreach and Education The Policy Advisory Group and TAG will provide the forums for more in-depth discussions and evaluations of proposed management strategies. However, the plan's success will ultimately depend on the general buy -in from the multitude of watershed property owners, land managers, agricultural producers, construction contractors, Beaver Water District customers and more. Therefore, Tetra Tech recommends incorporating a stakeholder outreach campaign into the process. Keys to the campaign would be: • Communicating the watershed strategy development process up front • Allowing for inclusion of key stakeholders • Summarizing results of the baseline analysis (answering why the strategy is needed) • Obtaining input on management options • Communicating recommended strategy provisions As noted for subtask 1.3, Tetra Tech will ensure that the process is designed to be consistent with the Section 319 Guidelines for Watershed Plans for Impaired Waters, which include developing an information and education component as one of the required minimum elements. Under this subtask, Tetra Tech will conduct up to ten (10) 3 -hr focus group meetings with specific sectors (e.g., developers, agricultural producers, land managers, etc.). Other outreach and education will involve preparation of specific information on watershed threats and proposed management strategies, including up to 3 fact sheets, articles for stakeholder newsletters, and up to 4 posters/maps for public, PAG, and other meetings. Deliverables and Schedule: a) Up to ten (10) 3 -hr focus group meetings (timing to be determined) b) Up to 3 fact sheets, articles for newsletters (timing to be determined) a Tetra Tech, Inc. Scope of Work Revised March 26, 2007 c) Up to 4 posters/maps for public viewing (timing to be determined) 2. Review Program Scoping Results As part of the orientation process for the Policy Advisory Group and focus groups, Tetra Tech will help communicate the results of the Baseline Analysis performed under Task 1. Prior to meeting with these groups, Tetra Tech would coordinate with appropriate Council members and the TAG to review the interpretation of the technical information and prepare a clear and accurate message. The key points to convey are: • WHERE ARE WE NOW? What are the current conditions and issues in the watershed? • WHAT'S EXPECTED FOR THE FUTURE? How are existing conditions expected to change in the future if no additional management actions are taken to protect watershed and reservoir water quality? • WHY IS A WATERSHED MANAGEMENT STRATEGY NEEDED? What is it about existing and predicted future conditions that requires a management strategy? • WHAT SHOULD THE STRATEGY FOCUS ON? What are the biggest gaps in current management programs to protect watershed and reservoir water quality? • HOW WILL WE DEVELOP THE STRATEGY? What is the proposed approach for developing a management strategy that will be publicly supported and implemented successfully? Deliverables and Schedule: a) Correspondence with selected TAG and Council members (Approximately month four in the process) 3. Adopt Goals and Objectives Tetra Tech will work with the Council and Policy Advisory Group to establish overarching goals and specific objectives to guide management strategy development. Drafting the goals and objectives up front not only helps to guide the strategy development, but also sends a clear message to stakeholders that their issues will be addressed in the strategy (thereby providing a foundation to resolve conflicts that arise during the strategy development process). Based on input received and knowledge gained during the Task I Scoping, Tetra Tech will propose a draft set for thorough discussion and refinement by the Policy Advisory Group. Where restoration of impaired waters is involved for some of the Beaver Lake tributary stream segments, goals will need to be more specific to meet Section 319 Guidelines for Watershed Plans for Impaired Waters. One of the nine minimum elements is to determine load reductions needed. Thus, the goals and objectives will need to have quantitative targets where impaired waters and total maximum daily loads (TMDLs) are involved. Additionally, establishing quantitative targets for proactive protection measures is also part of Tetra Tech's recommended approach because it provides a basis for evaluating how well specific management options and the overall strategy will work (see subtask 4 below for more detail). Proactive protection measures include strategies for 9 Tetra Tech, Inc. Scope of Work Revised March 26, 2007 addressing upward -trending total organic carbon loading and associated taste and odor problems, among other objectives. Deliverables and Schedule: a) Draft list of goals and objectives for Policy Advisory Council (to coincide with meeting with PAG; sent at least one week in advance) b) Final list of goals and objectives for Policy Advisory Council (to coincide with follow up meeting with PAG; sent at least one week in advance) 4. Adopt Targets for Selected Indicators "Indicators" are measurable or predictable quantities that can be used to measure the current health of the watershed and to track progress toward meeting watershed goals and objectives. "Targets" arevalues of indicators that correspond to meeting an objective (for example, the value of a water quality standard). Tetra Tech proposes to select key indicators for the major objectives to use as a means for evaluating whether proposed management options are capable of achieving the objectives. For example, chlorophyll a could be selected as an indicator for lake quality for an objective to protect against filter clogging and/or taste and odor events and harmful algal bloom (HAB) events. Tetra Tech would then work with the Council's technical partners to use the SWAT watershed model and CE-QUAL-W2 lake model to quantitatively predict how watershed nutrient loading and lake chlorophyll a concentrations will respond to different management options proposed for the watershed. Tetra Tech will consult with the TAG, and others as appropriate and resources allow, to obtain additional input regarding selection of the appropriate suite of watershed and water quality indicators that include environmental measures and community measures (e.g., cost) using results from the baseline analysis and supplemental efforts. Tetra Tech will develop a draft set of indicators and targets based upon the Program Scoping, adopted goals and objectives, and discussion with the TAG. Tetra Tech will then bring recommendations to the Policy Advisory Group for review, discussion, refinement as needed, and approval. Deliverables and Schedule: a) Draft memo for TAG review (to coincide with meeting with PAG around approximately month 6; sent at least one week in advance) b) Refined memo for PAG review (to coincide with follow-up meeting with PAG; sent at least one week in advance) 5. Develop Load Allocations Once quantitative tributary and lake water quality targets have been established where appropriate, Tetra Tech will work with the Council and its technical partners to establish load allocations that meet the targets. Per subtask 3.3, load allocations establish specific objectives for the watershed strategy (for example, reduce sediment in the White River by X tons/yr or phosphorus by X lbs/yr). The load allocations will reflect both protection targets (i.e., where future increases in loading are of concern) and reduction targets where impaired waters are concerned (recall that one of the Section 319 nine minimum elements is to determine load reductions needed). a Tetra Tech, Inc. Scope of Work Revised March 28, 2007 In most water supply protection projects there are multiple combinations of load allocations that can be used to meet a specific water quality target; further, there are usually multiple strategies with varying degrees of assurance that can be used to meet needed load reductions. As a result, the potential set of load allocations is not a single set of numbers; rather, the final load allocations will be determined by an interactive process that considers the administrative, regulatory, financial, and technical feasibility of different control options along with the degree of uncertainty that is acceptable. Load Allocations must therefore be developed in an iterative process that interacts with the development and screening of management options. Tetra Tech will work with stakeholders and the TAG, to the extent the project resources allow, to identify plausible scenarios (sets of reasonably achievable management options which achieve load allocations that meet management goals) for management of Beaver Lake and its watershed in Steps 6 and 7 of Task 3. Final Load Allocations will be the combination of loads that attain management targets and are consistent with the preferred management strategy. Deliverables and Schedule: a) Load allocations will be documented for inclusion with the Management Strategy (approximately month 7 in the process) 6. Develop Management Scenarios Note that "developing management measures to achieve goals" is one of the minimum elements of the Section 319 Guidelines. The first step in developing management scenarios is to evaluate/screen for promising management opportunities/options and strategies. Existing problems need to be screened for potential pollutant reduction and restoration solutions, and future threats will be evaluated for potential prevention measures. One of the keys to linking management strategies to management goals lies in understanding what environmental processes (hydrological, chemical, physical) need to be managed to address the stressors of concern. For example, if sediment is a stressor of concern, do you need to limit development, or set requirements for controlling stormwater runoff volume and peak flow to limit streambank erosion sources, or upland disturbance (e.g., timbering, construction), or post - construction runoff, or some combination of the above. Tetra Tech is generally a proponent of source control and low impact development measures which have some ability to minimize changes to the natural hydrograph. Tetra Tech will incorporate findings gleaned from the Baseline Analysis watershed assessment (see Task I subtasks) and any supplemental assessment (e.g., GIS and remote sensing analysis; geomorphic or other field survey), and compare this information to watershed indicator targets established to restore and protect inflows to Beaver Lake. This process will provide context for analyses of land use/cover/management conditions and practices, as well as assessments of stream geomorphology, conducted via rapid and detailed (where necessary) study, to determine how stream degradation might be affecting lake water quality. Tetra Tech will then synthesize current conditions data with information on desired targets to generate options for management approaches and practices that address conditions believed to impair, degrade, or threaten water quality. Tetra Tech will help the focus groups, TAG, and Policy Advisory Group identify the most promising management measures to group and evaluate more thoroughly including, where appropriate, performance design criteria. It is important to note that Tetra Tech will identify the most promising measures not only based on environmental indicators, but also based on local government plans, preferences, and capabilities. Clearly, the diverse nature of the watershed —with urban and rural areas and multiple county and 11 Tetra Tech, Inc. Scope of Work Revised March 26, 2007 municipal governments, requires diverse and tailored management approaches that fit the local conditions. To narrow options to those that are feasible and workable, Tetra Tech will draw on a comprehensive in-house library of information and staff expertise. Importantly, technical assistance agencies —such as the Arkansas Soil and Water Commission, the Natural Resource Commission, NRCS, and similar organizations —will be relied upon to help project staff screen for the best options to combine into scenarios to test further for their comprehensive effectiveness. The TAG provides a ready basis for coordinating with the Council's technical partners to integrate information and recommendations in this regard. Deliverables and Schedule: a) Draft management scenarios (working on draft in months 5 through 8) b) Finalize management scenarios (approximately month 8) 7. Evaluate Management Scenarios and Select Most Promising Solutions Next, management scenarios will be evaluated at the site scale and/or the watershed scale. Tetra Tech will work with the Council and stakeholders as resources allow to evaluate the measures and scenarios for: (1) technical feasibility, (2) environmental protection/restoration benefits, (3) cost and relative cost-effectiveness, and (4) political feasibility. Tetra Tech will help the Council evaluate options across multiple objectives by formally developing evaluation criteria and ranking alternatives as needed. The evaluation of candidate management strategies will involve interactive runs of the watershed (SWAT) and lake (CE-QUAL-W2) models. Tetra Tech will work with the Council's technical partners that are conducting the modeling, helping to translate management concepts into model input. Tetra Tech will provide review of model input and output, and interpret modeling results for communication with stakeholders. The performance of candidate management strategies will be evaluated using the target metrics established in subtask 3.4. Candidate management scenarios will be developed based on a level of management intensity (e.g., level of adoption of agricultural BMPs or degree of zoning restrictions) sufficient to achieve targets. Sets of management options that achieve, on average, project goals, may differ in terms of reliability (assurance that goals will be met) and temporal variability (frequency at which unusual conditions may cause goals to be exceeded). Tetra Tech will work with the Council's technical partners to design model runs of candidate scenarios that address both reliability and temporal variability. This information (typically balanced by cost and political feasibility) will be important to the evaluation of promising solutions. Tetra Tech will work with local resource experts as resources allow to tailor and adapt candidate BMPs to meet the unique conditions of Northwest Arkansas, and work with the Council and local stakeholders to build awareness of the problems and how selected management strategies can help address them. Our approach to watershed strategy development —involving stakeholders early and often —helps to ensure that BMP screening, selection, and implementation evolves through a consensus process that focuses on scientific validity, technical applicability, and stakeholder understanding and acceptance. Deliverables and Schedule: a) Draft management scenarios (approximately month 9) [ml Tetra Tech, Inc. Scope of Work Revised March 26, 2007 b) Summary of initial management scenario evaluations (approximately months 12 - 13) c) Summary of final management scenario evaluations (approximately month 15) 8. Draft and refine Final Report including the Watershed Management Strategy Once the priority management measures have been selected, Tetra Tech will work with the Council and its partners and stakeholders to weave the results into a Final Project Report including a written Watershed Management Strategy. To the extent that resources allow, the Management Strategy will outline key roles and responsibilities for implementing the suite of recommended management options. Tetra Tech will design the Strategy to include recommended steps for building/implementing the basic elements needed for effective management, including the remaining minimum elements to include per Clean Water Act Section 319 Guidelines which are: • Develop an implementation schedule • Develop interim milestones to track implementation of management measures • Develop criteria to measure progress toward meeting watershed goals • Develop a monitoring component • Develop an information/education component • Identify technical and financial assistance needed to implement the strategy Tetra Tech also recommends incorporating recommendations for other basic elements including: • Develop an evaluation process • Assign responsibility for reviewing and revising the management strategy Tetra Tech will work with the Council and its partners to review and refine the strategy documentation, incorporating input from stakeholders as appropriate as defined by the public involvement process developed under subtask 1.3. Deliverables and Schedule: a) Draft Watershed Management Report (drafting in months 16 - 19) b) Final Watershed Management Report in pdf and internet accessible formats (within 30 days receipt of comments from Council on Draft Project Report) 9. Develop Brochure for Public Distribution Not everyone will be interested in reviewing the full Watershed Management Report. Therefore, it will be important to communicate key elements of the plan in a simple, easy to understand manner. Tetra Tech will prepare a uniquely designed brochure on the key elements of the watershed management strategy that can be distributed at events, District offices, and other locations throughout the counties and their municipalities. The brochure will be designed after consultation with the Council and its partners, but could include information such as the water quality/quantity issues facing stakeholders, the reasons citizens need to be involved, outline steps that they can take to help maintain the high quality drinking water they currently enjoy, and why they should participate in the watershed management strategy development process. Tetra Tech will develop messages to directly engage the reader and make the connection that the availability of high 13 Tetra Tech, Inc. Scope of Work Revised March 26, 2007 quality drinking water is something they cannot take for granted. Based on the messages to convey, Tetra Tech will recommend the size and design to match (e.g., tri-fold, multifold, etc.). Deliverables and Schedule: a) Draft Brochure (approximately months 20 - 21) b) Final Brochure with special print files and instructions for the printing vendor (within 30 days receipt of comments from Council on Draft Project Report) N 2.21.08 Clarice Pearman - Northwest Arkansas Communi Foundation Page 1 From: Clarice Pearman To: Thomas, Susan Date: 2.21.08 10:04 AM Subject: Northwest Arkansas Community Foundation Susan: The City Council passed your agenda item on February 19th, however I do not have a signed agreement for the mayor's signature. Please let me know the status of the agreement. Have a good day. Thanks. Clarice CONTRACT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND NORTHWEST ARKANSAS COMMUNITY FOUNDATION AGREEMENT On this day of , 2008, this agreement is made by and between City of Fayetteville and Northwest Arkansas Community 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. 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 Suzanne M. Ward, Executive Director Dan Coody, Mayor Sondra Smith, City Clerk 3.7.8 Clarice Pearnian - Ord. 5113 Page 1 From: Clarice Pearman To: Thomas, Susan Date: 3.7.08 12:03 PM Subject: Ord. 5113 Attachments: 5113 Northwest Ark Community Foundation.pdf CC: Audit Susan: Attached is a copy of the above ordinance passed by the City Council. I am forwarding to you one of two agreements via interoffice mail. Please let me know if there is anything else needed for this item. Have a good weekend. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerk(Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us