HomeMy WebLinkAboutOrdinance 5207 ORDINANCE NO. 5207
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE MS4 JURISDICTIONS AND THE
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE
AMOUNT OF $42,272.20 FOR THE REGIONAL URBAN STORMWATER
EDUCATION PROGRAM TO BE PROVIDED BY THE UNIVERSITY OF
ARKANSAS COOPERATIVE EXTENSION SERVICE TO SATISFY
PORTIONS OF THE NPDES PHASE 11 STORMWATER PERMIT
REQUIREMENTS .
WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of
Fayetteville's need for Stormwater Education and Outreach as part of its Stormwater Phase 11 permit
requirements; and
WHEREAS, the University of Arkansas Cooperative Extension Service can efficiently and
effectively provide this service 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 determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore
waives the requirements of formal competitive bidding and approves a Memorandum of Understanding
(marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville,
Arkansas and the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the
amount of $42,272.20 for the Regional Urban Stormwater Education Program to be provided by the
University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase Il
Stormwater Permit requirements. "�RKITRff"
o �K/TRF 'fit,
PASSED and APPROVED this 16`h day of December, 2008. a`�A.�• G�SY GF '• P
ZCJ • A ;
APPROVED: ATTEST: = ; FAYETTEVILLE ;
yJself NSPr:J2
''�.,;;IG%� nun,uTON GO
By: w, By: �d.1/ . a.
DAN COO D , May SONDRA E. SMITH, City C er Treasurer
MEMORANDUM OF UNDERSTANDING FOR THE
MS4 JURISDICTIONS OF NORTHWEST
ARKANSAS AND THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION
WHEREAS, twelve cities in Benton and Washington Counties,
the counties themselves, and the University of Arkansas meet the
U.S. Environmental Protection Agency's "small" urbanized area
municipal separate storm sewer (MS4) criteria, and must comply
with national Phase II Stormwater Regulations; and
WHEREAS, the Arkansas Department of Environmental
Quality (ADEQ), the state agency authorized by EPA to issue
National Pollutant Discharge Elimination System (NPDES) permits
requiring and ensuring compliance, has established February 1 , 2009
as the latest date for affected entities to be covered under Arkansas'
general permit for MS4s; and
WHEREAS, said permit requires development,
implementation, and evaluation of a stormwater management plan,
that addresses each of the six minunum control measures identified
in the Phase II Storm Water Regulations contained in 40 CFR 122.26
and outlined in Part I.B. ; and
WHEREAS, the Northwest Arkansas Regional . Planning
Commission (NWARPC) has coordinated meetings between
representatives of affected jurisdictions in an effort to determine, in
the interest of economy and efficiency, whether certain stormwater
permit components could be addressed collectively, rather than
individually; and
WHEREAS, it has been determined that a cost effective,
regional approach to certain minimum control measures required as
part of the permit — namely Public Education and Outreach, Public
Involvement and Participation, and the education component of
Pollution Prevention/Good Housekeeping — is both logical and
appropriate; and
WHEREAS, the NWARPC requested and received statements
of qualifications from interested institutions and firms with
demonstrated water quality educational expertise, and :has, in
cooperation with representatives of affected MS4 jurisdictions,
endorsed the attached proposal from the University of Arkansas
Cooperative Extension Service; and
mow
WHEREAS, the ADEQ has subsequently endorsed the
regional concept and proposal for addressing said minimum control
measures; and
WHEREAS, said representatives of affected MS4s have also
endorsed the distribution of costs associated with the proposal as
shown on the attached cost allocation plan; and
WHEREAS, the Board of Directors of the NWARPC have
authorized the Commission to act as the financial clearinghouse and
primary contractor, on behalf of said MS4s, in connection with said
proposal.
NOW,' THEREFORE BE IT RESOLVED THAT WE,
THE UNDERSIGNED MS4 JURISDICTION, AGREE AS
FOLLOWS:
SECTION 1 . To participate in Year 1 of the attached 3-Year
Regional Stormwater Education and Coordination Program, to be
carried out by the University of Arkansas Cooperative Extension
Service through an engagement with the Northwest Arkansas
Regional Planning Commission, it being understood that said
services to be provided shall satisfy requirements for the federally
mandated minimum control measures identified above.
Commitments for participation in said program in future years will
require City Council approval on a year-to-year basis.
SECTION 2. To participate financially in accordance with the
attached cost allocation plan. Any increases in the costs allocated to
the undersigned MS4 due to the failure of other MS4 jurisdictions to
participate shall be subject to the approval of the undersigned MS4.
SECTION. 3. That all funds received by NWARPC from MS4s for
this specific project shall be utilized in their entirety for services in
connection with the 3-Year Regional Stormwater Education and
Coordination Program, and shall be accounted for separately from all
other Commission funds.
Dated this /4 * day of 4611Mbt r , 200 .
L11W 04z<
MS4 Jurisdiction, Fayetteville
NWARPC
o�
City of Fayetteville • �z/lG /(dam
Staff Review Form
City Council Agenda Items
oru/xvf.r
Contracts
A
Decembery/, 2008 �f„v r�✓f
City Council Meeting Date
Ron Petrie Engineering Operations
Submitted By Division Department
Action Required:
Approval of an ordinance waiving competitive bidding and approval of a one-year contract in the amount of
$42,272.20 with the Northwest Arkansas Regional Planning Commission for a Stormwater Education Program to be
provided by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II
Stormwater Permit requirements.
$ 42,272.20 $ 7083731 .00 Drainage/Phase 2 Stormwater Mgmt
Cost of this request Category / Project Budget Program Category I Project Name
4470-9470-5817 $ 2683302.60 Bridge and Drainage Improvements
Account Number Funds Used to Date Program / Project Category Name
02097 $ 440,428.40 Capital Improvement Const
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Di ctor If /Date` Original Contract Date:
r� /V (J (L_ Original Contract Number:
City Attorney Date
Received in City�Clerk's OfficT
ma)
� - 2L -of � l XM
Finance and Internal Service Director Date
Received in Mayor's Office N �,gE
y /� [t
Mayor /�L(/Date
Comments:
�.��
� .
e
J .-. ` �
'v
• City Council Meeting of December 16, 2008
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
Ron Petrie, City Engineer W
From: Sarah Wrede, Staff Engineer
Date: November 20, 2008
Subject: Approval of an ordinance waiving competitive bidding and approval of a one-
year contract in the amount of $42,272.20 with the Northwest Arkansas
Regional Planning Commission for a Stormwater Education Program to be
provided by the University of Arkansas Cooperative Extension service to satisfy
portions of the NPDES Phase II Stormwater Permit requirements.
RECOMMENDATION
Staff recommends approval of the contract and bid waiver.
BACKGROUND
Since 2003 , the cities of Bentonville, Bethel Heights, Elkins, Elm Springs, Farmington,
Fayetteville, Greenland, Johnson, Little Flock, Lowell, Springdale and Rogers along with
Benton and Washington Counties and the University of Arkansas have been operating
under EPA's federally mandated Phase II Stormwater regulations as "small" municipal
separate storm sewer systems (MS4s) that meet "urbanized area" criteria based on 2000
U.S. Census population data. While these jurisdictions obtained separate NPDES
permits, they jointly contracted with Cooperative Extension Service (CES) through the
NWA Regional Planning Commission as a successful and cost-effective means of
implementing the following minimum control measures required in their Phase 11
permits:
1 ) Public Education and Outreach
2) Public Involvement and Participation
6) Pollution Prevention and Good Housekeeping (training for municipal
employees)
1
r
• City Council Meetfof December 16, 2008
DISCUSSION
Positive feedback from ADEQ and participating MS4s has led to the CES and the
NWARPC partnering for an additional urban stormwater education program in support of
the MS4s' new 2009-2013 stormwater management permits.
This contract is for participation in Year 1 of the attached 3-Year Regional Stormwater
Education and Coordination Program.
Fayetteville and the University of Arkansas are shown together making up 32.52% of the
urbanized area population. Under the 2004 agreement Fayetteville paid 93 .4% of the
amount due and the University of Arkansas paid 6.6% of the amount due. The University
has verbally agreed to continue with the same cost share percentage. The cost share for
the Fayetteville and the University of Arkansas for 2009 is a total of $45,255. 16. The
City's share, 93 .4%, would be $42,272.20.
BUDGETIMPACT
Currently, there is $440,428.40 remaining in the Drainage Study/Phase II Stormwater
Management account that has been designated for use to fund projects that improve
stormwater quality in the City of Fayetteville. This contract with the Northwest Arkansas
Regional Planning Commission for a Stormwater Education Program to be provided by
the University of Arkansas Cooperative Extension will cost $42,272.2 for the 2009
calendar year.
ATTACHMENTS
Memorandum of Understanding
3-Year NWA Regional Urban Stormwater Education Program Summary
Cost Allocation Summary
2
. . _. ...
ORDINANCE NO,
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVING_A MEMORANDUM OF UNDERSTANDING WITH
THE MS4 JURISDICTIONS AND THE NORTHWEST ARKANSAS REGIONAL
PLANNING COMMISSION IN THE AMOUNT OF $429272.20 FOR THE REGIONAL
URBAN STORMWATER EDUCATION PROGRAM TO BE PROVIDED BY THE
UNIVERSITY OF ARKANSAS COOPERATIVE EXTENSION SERVICE TO
SATISFY PORTIONS OF THE NPDES PHASE II STORMWATER PERMIT
REQUIREMENTS .
WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's
need for Stomwater Education and Outreach as part of its Stomwatcr Phase I permit requirements; and
WHEREAS, the University of Arkansas Cooperative Extension Service can efficiently and effectively
provide this service at a significant savings to the citizens of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
t
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A"
attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and the MS4 Jurisdictions and
the Northwest Arkansas Regional Planning Commission in the amount of $42,272.20 for the Regional Urban
Stomwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to
satisfy portions of the NPDES Phase H Stormwater Permit requirements.
PASSED and APPROVED this 16" day of December, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
�4
j:
• 0
MEMORANDUM OF UNDERSTANDING FOR THE
MS4 JURISDICTIONS OF NORTHWEST
ARKANSAS AND THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION
WHEREAS, twelve cities in Benton and Washington Counties,
the counties themselves, and the University of Arkansas meet the
U .S. Environmental Protection Agency' s "small' urbanized area
municipal separate storm sewer (MS4) criteria, and must comply
with national Phase II Stonnwater Regulations; and
WHEREAS, the Arkansas Department of Environmental
Quality (ADEQ), the state agency authorized by EPA to issue
National Pollutant Discharge Elimination System (NPDES) permits
requiring and ensuring compliance, has established February 1 , 2009
as the latest date for affected entities to be covered under Arkansas'
general permit for MS4s; and
WHEREAS, said permit requires development,
implementation, and evaluation of a stormwater management plan,
that addresses each of the six minimum control measures identified
in the Phase 11 Storm Water Regulations contained in 40 CFR 122.26
and outlined in Part I.B.; and
WHEREAS, the Northwest Arkansas Regional Planning
Commission (NWARPC) has coordinated meetings between
representatives of affected jurisdictions in au effort to determine, in
the interest of economy and efficiency, whether certain stormwater
permit components could be addressed collectively, rather than
individually; and
WHEREAS, it has been determined that a . cost effective,
regional approach to certain minimum control measures required as
part of the permit — namely Public Education and Outreach, Public
Involvement and Participation, and the education component of
Pollution Prevention/Good Housekeeping — is both logical and
appropriate; and
WHEREAS, the NWARPC requested and received statements
of qualifications from interested institutions and firms with
demonstrated water quality educational expertise, and has, in
cooperation with representatives of affected MS4 jurisdictions,
endorsed the attached proposal from the University of Arkansas
Cooperative Extension Service; and
WHEREAS, the ADEQ has subsequently endorsed the
regional concept and proposal for addressing said minimum control
measures: and
WHEREAS, said representatives of affected MS4s have also
endorsed the distribution of costs associated with the proposal as
shown on the attached cost allocation plan; and
WHEREAS, the Board of Directors of the NWARPC have
authorized the Commission to act as the financial clearinghouse and
primary contractor, on behalf of said MS4s, in connection with said
proposal .
NOW, THEREFORE BE IT RESOLVED THAT WE,
THE UNDERSIGNED MS4 JURISDICTION, AGREE AS
FOLLOWS :
SECTION 1 . To participate in Year 1 of the attached 3 -Year
Regional Stormwater Education and Coordination Program, to be
carried out by the University of Arkansas Cooperative Extension
Service through an engagement with the Northwest Arkansas
Regional Planning Commission, it being understood that said
services to be provided shall satisfy requirements for the federally
mandated minimum control measures identified above.
Commitments for participation in said program in future years will
require City Council approval on a year-to-year basis.
SECTION 2. To participate financially in accordance with the
attached cost allocation plan. Any increases in the costs allocated to
the undersigned MS4 due to the failure of other MS4 jurisdictions to
participate shall be subject to the approval of the undersigned MS4.
SECTION. 3. That all funds received by NWARPC from MS4s for
this specific project shall be utilized in their entirety for services in
connection with the 3-Year Regional Stormwater Education and
Coordination Program, and shall be accounted for separately from all
other Commission funds.
Dated this day of 200_
MS4 Jurisdiction
NWARPC
• •
3-Year NWA Regional Urban Stormwater Education Program
University of Arkansas Cooperative Extension Service
Introduction
As the public education branch of the University of Arkansas, the mission of the Cooperative
Extension Service (CES) is to provide research-based information through non-formal education
to help Arkansans improve their economic well-being and the quality of their lives. Since 1990,
CES has established a reputation for effective agricultural and urban nonpoint pollution
prevention programs through USDA- and EPA-funded water quality education grants totaling
more than $2,789,000 for 12 projects in Benton, Carroll, Madison, and Washington Counties.
Since 2003, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs, Farmington,
Fayetteville, Greenland, Johnson, Little Flock, Lowell , Springdale and Rogers along with Benton
and Washington Counties and the University of Arkansas have been operating under EPA 's
federally mandated Phase 11 Stormwater regulations as "small' municipal separate storm sewer
systems (MS4s) that meet "urbanized area' criteria based on 2000 U.S . Census population data.
While these jurisdictions obtained separate NPDES permits, they jointly contracted with CES
through the NWA Regional Planning Commission as a successful and cost-effective means of
implementing the following minimum control measures required in their Phase Il pennits:
#.I ) Public Education and Outreach
#2) Public Involvement and Participation
#6) Pollution Prevention and Good Housekeenina (training for municipal employees)
Program accomplishments to date are summarized in the attached file, `NWA Stormwater Ed
Overview.pdf. Positive feedback from ADEQ and participating MS4s has led to CES and the
NWARPC partnering for an additional urban Stormwater education program in support of the
MS4s' new 2009-2013 stormwater management permits.
As before, an urban stormwater education steering committee and the MS4 Focus Team will be
utilized to plan and assess regional urban stormwater outreach and education efforts. County
Extension Agents in Benton and Washington Counties will continue to collaborate with CES
Environmental and Natural Resource, Horticulture, Pest Management, and Public Policy state
faculty on educational materials development, civic program's. construction workshops and
municipal employee training. CES' Communication faculty will produce professional press
releases; radio PSAs, displays, brochures and fact sheets and local program Para-professionals
will be hired and trained to conduct school and outreach programs at fairs and community
events. Measurable program accomplishments will continue to be tracked and reported through
quarterly and annual reports that will be presented to the NWA Regional Planning Commission,
education steering committee, and MS4 focus group along with annual reports for each
participating MS4 prior to the ADEQ annual reporting deadline.
It is understood that the MS4s may be restricted to one-year contracts to be renewed upon annual
budget approval from city councils, Quorum Courts, and the University. However, the following
plan of work and budget is based on a 3-year schedule.
1
Tasks and Objectives
Task 1 : Input and Planning
Obiective: Utilize a stormwater outreach/education steering committee and MS4 Focus Team to
identify informational needs and plan stormwater outreach, education and public participation
programs in urbanized areas of participating MS4s
Subtask 1 .1 A geographically-based 23-member stormwater education steering committee
consists of membership weighted according to % urbanized area population:
MS4 Representatives % UA MS4 Representatives % UA
Fayetteville 4 30.4 Rogers 3 21 .0
Springdale 3 25 .7 Bentonville 2 10.8
U of A 1 2 .1 Lowel l 1 2.8
Farmington 1 1 .9 Benton County 1 1 . 1
Johnson 1 1 .3 Little Flock 1 0.9
Washington County 1 0.8 Bethel Heights 1 0.4
Elkins 1 0.4 Elm Springs 1 0. 1
Greenland 1 0.3
Steering committee members represent diverse backgrounds/interests and include,
but are not limited to those affiliated with schools and/or youth programs,
regional businesses, civic organizations, Property Owner Associations (PDAs),
public officials (City Council, Planning Commission and Quorum Court
members), etc. . Committee member representatives will be suggested by MS4s.
Subtask 1 .2 Committee input will be used to identify and plan 1 ) critical stormwater issues, 2)
target audiences, 3) program methods and 4) public relations strategies.
Subtask 1 .3 The committee will be convened at least once each year to review and evaluate
program accomplishments and plan next steps.
Proiected Accomplishments and Measurable Goals:
- Stormwater education steering committee will be updated with 23 total members that include
representatives from all participating MS4s
- Committee will meet at least once each year
- # of potential audiences and stormwater education programs identified by committees
- # of public outreach, education and participation programs implemented based on education
committee input
Task 2 : Educational Materials Development
Obiective: Gather, adapt and/or develop stormwater fact sheets, brochures, posters and displays
for distribution in conjunction with public outreach campaigns and education programs
2