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HomeMy WebLinkAboutORDINANCE 5850of 4AYFrrF � L ti C G •F 8 4�XA NSPS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5850 File Number: 2016-0056 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION ONE-YEAR CONTRACT: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $40,488.80 FOR A STORMWATER EDUCATION PROGRAM FOR 2016 WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest Arkansas, has been operating under the Environmental Protection Agency's federally mandated Phase II Stormwater Regulations as a Municipal Separate Storm Sewer System; and WHEREAS, the Northwest Arkansas Planning Commission has determined that a regional approach to certain minimum control measures required for renewal of Municipal Separate Storm Sewer System permits - specifically Public Education and Outreach, Public Involvement and Participation, and the education component of Pollution Prevention/Good Housekeeping - is both logical, cost effective and appropriate, and this approach has been approved by the Arkansas Department of Environmental Quality; and WHEREAS, the Northwest Arkansas Planning Commission has endorsed a proposal from the University of Arkansas Cooperative Extension Service to design and provide a stormwater education program to all Municipal Separate Storm Sewer Systems in Northwest Arkansas; and WHEREAS, the cost of the agreement to the City for 2016 exceeds $20,000.00 and would otherwise require competitive bidding unless the requirement is waived. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Page 1 Printed on 2117116 File Number.- 2016-0056 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 authorizes the Mayor to sign a Memorandum of Understanding, a copy of which is attached hereto and made a part hereof, between the City and the Northwest Arkansas Regional Planning Commission in the amount of $40,488.80 for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the Environmental Protection Agency's Phase II Stormwater Regulations. PASSED and APPROVED on 2/16/2016 Attest: Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 2117116 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0056 Agenda Date: 2/16/2016 Version: 1 Status: Passed In Control: City Council Meeting Agenda Number: D. 2 File Type: Ordinance NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION ONE-YEAR CONTRACT: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $40,488.80 FOR A STORMWATER EDUCATION PROGRAM FOR 2016 WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest Arkansas, has been operating under the Environmental Protection Agency's federally mandated Phase II Stormwater Regulations as a Municipal Separate Storm Sewer System; and WHEREAS, the Northwest Arkansas Planning Commission has determined that a regional approach to certain minimum control measures required for renewal of Municipal Separate Storm Sewer System permits - specifically Public Education and Outreach, Public Involvement and Participation, and the education component of Pollution Prevention/Good Housekeeping - is both logical, cost effective and appropriate, and this approach has been approved by the Arkansas Department of Environmental Quality; and WHEREAS, the Northwest Arkansas Planning Commission has endorsed a proposal from the University of Arkansas Cooperative Extension Service to design and provide a stormwater education program to all Municipal Separate Storm Sewer Systems in Northwest Arkansas; and WHEREAS, the cost of the agreement to the City for 2016 exceeds $20,000.00 and would otherwise require competitive bidding unless the requirement is waived. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: 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 authorizes the Mayor to sign a Memorandum of Understanding, a copy of which is attached hereto and made a part hereof, between the City and the Northwest Arkansas Regional Planning Commission in the amount of $40,488.80 for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the Environmental Protection Agency's Phase II Stormwater Regulations. City of Fayetteville, Arkansas Page 1 Printed on 211712016 File Number.' 2016-0056 City of Fayetteville, Arkansas Page 2 Printed on 211712016 Chris Brown Submitted By City of Fayetteville Staff Review Form Legistar File ID 2/16/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/29/2016 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Waiving competitive bidding and approving of a one-year agreement in the amount of $40,488.80 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 Budget Impact: 4470.9470.5817.00 4470 - Sales Tax Capital Improvements Account Number Fund 02097.1 Stormwater Quality Management (Stormwater Quality Mgmt/Nutrient Reduct) Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Project Title Current Budget $ 200,000.00 Funds Obligated $ - V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Tay Nyillle ARKNSAS MEETING OF FEBRUARY 16, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: January 27, 2016 SUBJECT: Waiving competitive bidding and approving of a one-year agreement in the amount of $40,488.80 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 reccomends waiving competitive bidding and approving of a one-year agreement in the amount of $40,488.80 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 11 Stormwater Permit requirements. BACKGROUND: The City of Fayetteville has participated in the educational program provided by the University of Arkansas Cooperative Extension since its inception. This program has been very successful and a valuable asset to the public as well as the city. DISCUSSION: 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 Municipal Separate Storm Sewer Systems (MS4s). The cities of Bella Vista, Cave Springs, Centerton, Pea Ridge, Prairie Grove, and Tontitown were recently designated as MS4s based on the 2010 census and these cities are joining the education program this year. While these jurisdictions obtained separate National Pollutant Discharge Elimination System (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 II permits as well as ensure uniformity in the message presented to residents of Northwest Arkansas: 1) Public Education and Outreach 2) Public Involvement and Participation 6) Pollution Prevention and Good Housekeeping (training for municipal employees) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 2014-2019 stormwater management permits. This contract is for participation in a 1-Year Regional Stormwater Education and Coordination Program. BUDGET/STAFF IMPACT: Funding in the amount of $40,488.80 is available in the Stormwater Quality Management and Nutrient Reduction Plan Budget. These funds are proposed to be utilized to satisfy the terms of the agreement. Attachments: Memorandum of Understanding Urban Stormwater Education Program 2015-2019 Summary Cost Allocation Summary City of Fayetteville - Purchase.Order Request (PO) Requisition o.: ate: (Not a Purchase Order) P.O Number: All PO Requests shall be scanned to the Purchasing e-mail: Purchasing@fayetteville-ar.gov. Purchase shall not be made until an actual PO has been issued. Vendor 881� Vendor NWA Regional Planning Commission Mail Yes I No Legistar#: #: Name: 2016-0066 FOB Point: Taxable Address: r Yes 177 No Expected Delivery Date: Zip Code: Ship to code: Quotes Attached City: State: Yes r No Requester: Alan Pugh Requester's Employee # Extension: 4073 1 8208 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory # Fixed Asset # 1 2016 Stormwater Education 1 LOT 40,488.80 $40,488.80 02097.1 2 $0.00 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 pecia nstructions: Subtotal: $40,488.80 Tax: $0.00 Total: $.40,488.80 Approvals: Mayor: Department Director: Purchasing Manager: Chief Financial Officer: Budget Director: IT Director: Dispatch Manager: Utilities Manager: Other: Revised 6/18/2014 FAYETTEVILLE MEMORANDUM OF UNDERSTANDING FOR THE MS4: JURISDICTIONS OF NORTHWEST ARKANSAS AND THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION WHEREAS, eighteen 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, will establish dates 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 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 stonnwater 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 previously 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 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 l FAYETTE V ILLE 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 RESOLVER THAT WE, THE UNDERSIGNED MS4 JURISDICTION, AND THE BOARD OF DIRECTORS OF THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION, AGREE AS - FOLLOWS SECTI.ON 1. To participate in a 1-Year Regional Stormwater Education and Coordination Program :(January 1, 2016 — December 31, 2016), to be carried out by the University of Arkansas Cooperative Extension Service through an engagement with the Northwest Arkansas Regional Planning Commission, with costs based on a Base cost and each jurisdiction's pro- rated share of the region's 2010 urbanized area population; it being understood that said services to be provided shall satisfy requirements for the federally -mandated minimum control measures referenced herein. Commitments for participation in said program in future years will require governing body 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, shall be utilized in their entirety for stormwater management program services and coordination activities in connection with EPA Phase I1 Stormwater Program requirements, and ,shall _be accounted for separately from all other Commission funds. Dated ;t .'� A day of LghAj_ a®its 2 2016 Cost Allocation* of U of A Cooperative Extension Service Regional Stormwater Education and NWA Regional Planning Commission Stormwater Coordination for NWA MS4 Jurisdictions MS4 Cost = $2,000 Base cost + (Remaining Program Cost x % NWA Urbanized Area Population) Using 2010 US Census. Urban Block Data for the 21 MS4 Collaborating Jurisdictions Jurisdiction Urbanized Area Population Total Population % Urbanized Area Population $2,000 Base with % Urbanized Area Greenland Elm Springs Cave Springs Bethel Heights Tontitown Liftle flock Elkins Johnson 721 973 969 2,359 71 1,742 1,991 3,123 1,294 1,535 1,931 2,372 2,460 2,585 2,648 3,354 0.24% 0.33% 0.33% 0.80% 0`.02% 0.59% 0,67% 1.06% $2,423.95 $2,572.13 $2,569.77 $3,387.09 $2,041.75 $3,024.30 $3,170.71 $3,836.33 Prairie Grove 69 4,380 0.02% $2,040.57 Pea Ridge 4,298 4,794 1.46% $4,527.23 Farmington 4,964 5,974 1.68% $4,91+8.84 Lowell 6,574 7,327 2.23% $5,865.52 Centerton 9,135 9,515 3.10% $7,371.39 Bella Vista 22,841 26,461 7.74% $15,430.54 U of A 5,801 27,503 1.97% $5,411.00 Bentonville 33,801 35,301 11.45% $21,875.03 Washington Count $ 1,868 203,065 0.63% $3,098.39 Benton Count. 5,339 221,339 1.81% $5,139.34 Rogers 54,897 58,895 18.60% $34,279.51 Springdale 68,088 70,747 23.07% $42,035.83 Fayetteville 65,457 73,580 22.18% $40,488.80 rrogram i oiais zyo uu7 1 UU UU"/o $215,508.00 Note: Budget year runs from January 1 through December 31 of each calendar year �a�01(p * These dollar breakouts assume all jursidictions participate Total population reflects the total county population including all incorporated areas A. Minimum Control Measure #1: Public Education and Outreach on Stormwater Impacts Permit Requirements: Regulation 40 CFR 122.34(b)(1): "The permittee must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff." Decision Process The City of Fayetteville participates in monthly meetings of the NWA Stormwater Compliance Group. We also have representation on the NWA Stormwater Education Steering committee (public membership comprised of diverse backgrounds/interests) convenes at least once each year to review and evaluate program accomplishments and plan next steps. Both groups provide the localized input used to identify critical stormwater issues and target audiences and program methods and public relations strategies. Applicable Public Education/Outreach BMPs Develop and distribute electronic and printed educational materials Input from both the MS4 Stormwater Compliance Group and Education Steering Committee guides the emphases of electronic and printed educational materials. Once topics have been identified, materials will be developed, adapted, and/or gathered for distribution at public meetings, in support of presentations, and with educational displays. Examples may include fact sheets, podcasts, e-learning modules, website content, newsletters, press releases, and PSAs. Measureable Goals: A minimum of 20 electronic and printed educational materials will be developed. The number of educational materials distributed will be documented. MS4 Stormwater Compliance Group and Education Steering Committee meetings attendance will be documented. Create displays and staff educational booths Displays highlighting the annual topics of emphasis will be created and set up/staffed at libraries, banks, schools, local festivals, county fairs, etc. Measureable Goal: Stormwater displays will be created and used at a minimum of 5 events/locales Conduct stormwater programs for adult audiences Educational presentations will be given to illustrate stormwater dynamics, identify potential pollutants and pathways, describe techniques to reduce stormwater. pollution and encourage voluntary BMP implementation according to the annual topic/audience emphases outlined in the SWMP. Measureable Goal: At least 10 stormwater education programs will be conducted for adult audiences Conduct hand -on youth stormwater/water quality education programs Educational programs for school youth will focus on the water cycle, watersheds, stormwater dynamics, water quality and pollution prevention using the EnviroScape surface runoff model, groundwater simulator, hands-on exercises from Project WET, Project WILD, and Project Learning Tree and creekside classrooms. Programs conducted will support the Arkansas State Frameworks/Common Core required curriculum. Measureable Goals: At least 20 stormwater education programs will be conducted for youth audiences Responsible Party The Northwest Arkansas Regional Planning and the University of Arkansas Cooperative Extension Service has contracted with the municipality to be responsible for the development and implementation of the public education efforts. A copy of that agreement is included in this plan. Performance Standard: Urban stormwater outreach/education programs will reach at least 32,729 residents (50% of the urbanized area population). Minimum Control Measure #1: 5 Year Implementation Schedule 2015 2016 2017 2018 2019 Topic Emphases: Topic Emphasis: Topic Emphasis: Topic Emphasis: Topic Emphasis: Yard and garden Automotive Septic system and Litter/trash Irrigation management management maintenance pool maintenance management to minimize runoff/ disconnecting impervious surfaces Target Audience: Target Audience: Target Audience: Target Audience: Target Audience: Homeowners and Vehicle owners Homeowners with General public, Homeowners and garden enthusiasts septic systems/ homeowners businesses with pools irrigation systems and guttering Rationale:Rationale:Rationale:Rationale:Rationale: Improper yard waste Leaking automotive Malfunctioning Improper handling Efficient irrigation disposal can clog fluids and washing septic systems, and disposal of conserves water and storm drains and vehicles on paved improper handling litter can allow it prevents it from excess fertilizer and surfaces allow oil, and disposal of to enter the storm entering the storm drain pesticide applications grease and pool chemicals drain system and system while can contaminate chemicals and emptying impact stormwater disconnecting stormwater with to be carried in chlorinated pool quality impervious surfaces nutrients and stormwater to local water can impact minimizes runoff by chemicals waterways stormwater quality enhancing infiltration B. Minimum Control Measure #2: Public Involvement/Participation Permit Requirements: The permittee must, at a minimum, comply with State and local public notice requirements when implementing a public involvement/participation program. Decision Process The City of Fayaetteville participates in monthly meetings of the NWA Stormwater Compliance Group. We also have representation on the Stormwater Education Steering committee (public membership comprised of diverse backgrounds/interests) convenes at least once each year to review and evaluate program accomplishments and plan next steps. Both groups provide the localized input used to identify critical stormwater issues and target audiences and program methods and public relations strategies. Applicable BMPs Engage Residents in Stormwater Policy Development Input from both the MS4 Stormwater Compliance Group and Education Steering Committee guides the emphases of electronic and printed educational materials. Once topics have been identified, materials will be developed, adapted, and/or gathered for distribution at public meetings, in support of presentations, and with educational displays. Examples may include fact sheets, podcasts, e-learning modules, website content, newsletters, press releases, and PSAs. (This item to be tracked and documented within Public Education/Outreach, MCM #1) Measureable Goals: The number of educational/announcements materials distributed will be documented. (see MCM #1) MS4 Stormwater Compliance Group and Education Steering Committee meetings attendance will be documented. (see MCM #1) Train and Utilize Volunteer Educators "Train -the -trainer" processes will be used to engage public volunteers and educators in teaching stormwater and pollution prevention (e.g. Benton and Washington County Master Gardeners, Master Naturalists, LakeSmart Leaders, etc.) Measureable Goal: At least 5 train -the -trainer programs will be conducted. Conduct Public Participation/Involvement Events Citizen and youth groups will participate in public involvement events (litter pick up, establishing demonstration rain gardens, planting riparian vegetation, stenciling storm drain inlets, etc.). Measureable Goal: At least 5 public participation events will be coordinated. Responsible Parties The jurisdiction is responsible for the development and implementation of the public involvement and participation efforts, utilizing the services of the University of Arkansas Cooperative Extension Service (contracted through the Northwest Arkansas Regional Planning Commission). Performance Standard At least 5 public participation and involvement activities will be conducted. Minimum Control Measure #2: 5 Year Implementation Schedule 2015 2016 2017 2018 2019 Program Emphasis: Program Emphasis: Program Emphasis: Program Emphasis: Program Emphasis: Engage organizations Engage HHW Partner with POAs, Coordinate clean up Partner with the (such as Master Collection Centers Health Department and events (potential Arkansas Irrigation Gardeners, POAs and and automotive watershed organizations locations: creek, lake, Association to lawn care/landscaping shops to promote to promote proper park, trail or roadway) promote proper professionals) to their vehicle fluid septic system function irrigation system promote stormwater collection through inspections use/maintenance pollution prevention and regular pumping education Target Audience: Target Audience: Target Audience: Target Audience: Target Audience: Homeowners, lawn Vehicle owners, Homeowners with MS4 residents Homeowners and care/landscaping automotive septic systems or businesses with professionals maintenance swimming pools irrigation systems professionals Rationale:Rationale:Rationale:Rationale:Rationale: Improper management Improper handling/ Malfunctioning septic Improper handling Efficient irrigation of grass clippings and disposal of systems, improper and disposal of litter conserves water and leaves can clog storm automotive fluids handling and disposal can allow it to enter prevents it from drains and excess allow oil, gasoline of pool chemicals and the storm drain system entering storm drain fertilizer and pesticide and other vehicle emptying chlorinated and impact systems applications can fluids to be pool water can impact stormwater quality contaminate stormwater transported in stormwater quality with nutrients and stormwater to local chemicals waterways —rt�i 0 o 15 q V) r7 NORTHWEsTARKANSAS Democrat *1c'mutte I,:, P.., i6,07, r,:,Y,[:Ti-:Vl..ir_R /2,029..792�-1700 P..-: 479695-Mlr9 WW.a N;',j,ADeCor,' AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE ORD. NO 5850 Was inserted in the Regular Edition on: February 25, 2016 Publication Charges $ 152.10 061ke'.., vi& Cathy Wiles Subscribed and sworn to before me This I day of M(4/C k 2016. S Notary Public My Commission Expires: '7 1Z1Z15*" ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694247 My Commission Expires Jul 2, 2025 * *NOTE* Please do not pay from Affidavit. Invoice will be sent. Ordinance: Ordinance #5850 File Number: 2016-0056 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION ONE-YEAR CONTRACT: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $40,488.80 FOR A STORMWATER EDUCATION PROGRAM FOR 2016 WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest Arkansas, has been operating under the Environmental Protection Agency's federally mandated Phase II Stormwater Regulations as a Municipal Separate Storm Sewer System; and WHEREAS, the Northwest Arkansas Planning Commission has determined that a regional approach to certain minimum control measures required for renewal of Municipal Separate Storm Sewer System permits - specifically Public Education and Outreach, Public Involvement and Participation, and the education component of Pollution Prevention/Good Housekeeping - is both logical, cost effective and appropriate, and this approach has been approved by the Arkansas Department of Environmental Quality; and WHEREAS, the Northwest Arkansas Planning Commission has endorsed a proposal from the University of Arkansas Cooperative Extension Service to design and provide a stormwater education program to all Municipal Separate Storm Sewer Systems in Northwest Arkansas; and WHEREAS, the cost of the agreement to the City for 2016 exceeds $20,000.00 and would otherwise require competitive bidding unless the requirement is waived. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY File Number: 2016-0056 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 authorizes the Mayor to sign a Memorandum of Understanding, a copy of which is attached hereto and made a part hereof, between the City and the Northwest Arkansas Regional Planning Commission in the amount of $40,488.80 for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the Environmental Protection Agency's Phase II Stormwater Regulations. PASSED and APPROVED on 2/16/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73585394 Feb. 25, 2016