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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