HomeMy WebLinkAboutOrdinance 5354 ORDINANCE NO. 5354
AN ORDINANCE AMENDING ORDINANCE NO. 5341 TO APPROVE AN
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH
THE WATERSHED CONSERVATION RESOURCE CENTER (WCRC) TO
ALLOW FOR PROJECTS ON PUBLIC LANDS OWNED BY THE CITY OF
FAYETTEVILLE
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 amends
Ordinance No. 5341 to approve an amendment to the Memorandum of Understanding with the
Watershed Conservation Resource Center (WCRC) to allow for projects on public lands owned
by the City of Fayetteville. A copy of the revised Memorandum of Understanding is attached as
Exhibit"A."
PASSED and APPROVED this 7h day of September, 2010.
APPROVED: ATTEST:
By: .l Y
f�f� � — B :
LIO ELD JAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE
WATERSHED CONSERVATION RESOURCE CENTER(WCRC)AND THE
CITY OF FAYETTEVILLE,ARKANSAS
Section D(2)(a) of the Memorandum of Understanding (MOU) entered into and
executed by and between the Watershed Conservation Resource Center (WCRC) and the
City of Fayetteville, Arkansas (City) is hereby amended by the parties to read as follows:
"a. Identification of stream reaches that could benefit from stream
restoration and prioritize, in streams within the City limits or on City-
owned property."
All other provisions of MOU remain in full force and effect.
WATERSHED CONSERVATION RESOURCE CENTER
Sandi J. Fdfmica, Executive Director
Watershed Conservation Resource Center
lepd- 3., 2-010
Data
CITY OF FA/YYETTEVILLE,ARKANSAS
ioneld Jor ayor
City of Fayetteville
Attest: &' , 0"",
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
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Date ;FAYETTEVILLE
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
S(Wal1 Contracts, Leases or Agreements
—4I/I X1712010
City Council Meeting Date
Agenda Items Only -
John Coleman Sustainability
Submitted By Division Department
Action Required:
City staff recommends approval of an addendum to the original Memorandum of Understanding (MOU)with
Watershed Conservation Resource Center(WCRC)to allow for projects on public lands owned by the City of
Fayetteville.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution# 534H
De Virector Dae
Original Contract Date: 813/70
31-lo Original Contract Number:
y ttorney Date s
Finance and Internal Services Director Date Received in City 08-31-1 0 A09 31 R CVD
Clerk's Office
Chi9f of St Date
Received in
Mayor's Office O
Ma r Date
Comments:
Revised January 15,2009
TayMLfi le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
SAS
CITY COUNCIL AGENDA MEMO Council Meeting of September 7,2010
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
From: John Coleman, Sustainability Director
Date: August 31, 2010
Subject: RE: Addendum to MOU with Watershed Conservation Resource Center
RECOMMENDATION
City staff recommends approval of an addendum to the original Memorandum of Understanding(MOU)with Watershed
Conservation Resource Center(WCRC)to allow for projects on public lands owned by the City of Fayetteville.
BACKGROUND
On August 3,2010 City Council approved a MOU with WCRC.The purpose of this Memorandum of Understanding(MOU)
was to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1)seek
funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a
morphologically stable form utilizing a natural channel design approach and 2)to work together on nonpoint source(NPS)
related issues associated with reducing nutrients and improving riparian and other natural areas.
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed
approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and
government. The WCRC principals are regional experts and local leaders in implementing natural channel design-based stream
restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological
services.
The City has successfully partnered with WCRC to receive approximately $470,000 in federal grants for stream restoration and
is in discussions with federal grant agencies for approximately $890,000 additional grant funds for stream restoration. WCRC
has been instrumental in securing these funds due to their relationships with Federal grant agencies and their proven track
record of successful stream restoration projects.
This MOU establishes a partnership between the City and WCRC whereby the WCRC will actively seek grant funding for
stream restoration projects, and will allow the City the opportunity to quickly take advantage of opportunities identified.
Initially, the MOU only included projects within the city limits of Fayetteville, but with the opportunity for a project at the
Noland Wastewater Treatment Plant staff also wants to include public lands owned by the City of Fayetteville.
BUDGETIMPACT
The proposed agreement will cause no budget impact. As tasks are identified,a Task Order,with associated fee,will be
developed for approval by the Mayor and City Council.
ORDINANCE NO.
S3 4 1
AN ORDINANCE AMENDING ORDINANCE NO. 13#zr TO APPROVE AN
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH
THE WATERSHED CONSERVATION RESOURCE CENTER (WCRC) TO
ALLOW FOR PROJECTS ON PUBLIC LANDS OWNED BY THE CITY OF
FAYETTEVILLE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
`E! ection 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
Ordinance 6:1-644'to approve an amendment to the Memorandum of Understanding with the
Watershed Conservation Resource Center (WCRC) to allow for projects on public lands owned
by the City of Fayetteville. A copy of the revised Memorandum of Understanding is attached as
Exhibit"A."
PASSED and APPROVED this 7ffi day of September, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
ORDINANCE. NO. 5341
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE WATERSHED CONSERVATION
RESOURCE CENTER TO ESTABLISH A GENERAL FRAMEWORK OF
COOPERATION TO SEEK FUNDING,CONDUCT STREAM RESTORATION
PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE
RELATED ISSUES
WHEREAS, the purpose of the attached Memorandum of Understanding is to establish a
general framework for cooperation between the Watershed Conservation Resource Center
(WCRC) and the City to seek funding and conduct stream restoration projects to achieve the
common goal of restoring unstable sections of streams to a morphologically stable form utilizing
a natural channel design approach and to work together on nonpoint source related issues
associated with reducing nutrients and improving riparian and other natural areas; and
WHEREAS, the WCRC is a nonprofit organization with regional experts that strive to
protect, conserve and restore natural resources by utilizing the watershed approach,
environmental outreach, and providing planning and technical assistance to landowners,
communities, and government; and
WHEREAS, the City has successfully partnered with WCRC in the past to receive
approximately $470,000.00 in federal grants for stream restoration and the City and WCRC are
currently in discussions with federal grant agencies for approximately $890,000.00 in additional
grant funds for stream restoration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
a.
i
le 2
Ordinance No. 5341
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 WCRC to establish a general framework for
cooperation to seek funding and conduct stream restoration projects and to work together on
nonpoint source.related issues.
PASSED and APPROVED this 3rd day of August,2010.
APPROVED: ATTEST:
By: By:
• c
I ELD J06 ,Mayor SOND SMITH, Clerk/Treasurer
N"1IVTR ,I
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;FAYETTEVILLE•
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MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville x
This Memorandum of Understanding (MOU),is entered into and executed on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center,
hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE.
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration
projects to achieve the common goal of restoring unstable sections of streams to a
morphologically stable form utilizing a natural channel design approach and 2) to work together
on nonpoint source (NPS) related issues associated with reducing nutrients and improving
riparian and other natural areas. Innovative approaches will be used in designing and
implementing stream restorations that will result in improved water quality of the City's
watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial
habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties'
mutual interest.
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural
resources by utilizing the watershed approach, environmental outreach, and providing planning
and technical assistance to landowners, communities, and government. The WCRC principals
are regional experts and local leaders in implementing natural channel design-based stream
restorations that meet multiple local and regional objectives relating to river channel instability,
water quality, and ecological services. This MOU is of benefit to the CITY OF
FAYETTEVILLE because these activities will help to meet the objectives of the City's Nutrient
Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved water
quality in the form of both phosphorus and sediment reductions, reduced streambank erosion,
and improve aesthetics of local streams and rivers. This effort will also help to promote the use
of alternatives to traditional channel modifications in both urbanizing and rural areas.
The WCRC and the CITY OF FAYETTEVILLE partnered and obtained a grant for the
Restoration of a Tributary to Mud Creek, Fayetteville, AR. The project restored 1,200 feet of
stream through Gulley Park and prevents an estimated minimum of 110,000 lbs/year of sediment
from entering the stream system, resulting in 27 lbs/year of total phosphorus and 68 lbs/yr of
total nitrogen reductions in the Illinois River basin. Additionally WCRC and the CITY OF
FAYETTEVILLE formed partnerships for two cunent stream restoration projects which are also
grant funded. The projects are summarized as follows:
1
y Grant City of Total
Project Grant Source Status Funding Fayetteville Project
I^unding Cost
Restoration of a Tributary to U.S. EPA 319 Grant complete
Mud Creek through ANRC $ 121,000 $ 141,200 $262,200
Stream Restoration Environmental
Demonstration at Niokaska Protection Agency current
Creek in Sweetbriar Park Region 6 $234,000 $ 78,000 $317,000
Stream Restoration of the
West Fork of the White River U.S. I,,PA 319 Grant
cwront
(WFWR) adjacent to the through ANRC
Fayetteville Executive Airport $ 115,076 $ 86,812 $201,888
C. FEES AND PAYMENTS
No fee is associated with this MOU As projects arc identified by the City, a Task Order
establishing the scope, fee, and payment terms for the project will be developed. The basis of
this fee, and justification for the fee shall be contained in an Appendix attached to each Task
Order. Adjustment of the fee may be made should WCRC establish and the CITY OF
FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity
or character of the services to be performed; or if the CITY OF FAYETTEVIL,LE decides to
shorten the duration of work from the time period specified in the Agreement for completion of
work and such modification warrants such adjustment.
In consideration of the above premises, the parties agree as follows:
D. THE WCRC
1. Shall seek funding opportunities for stream restoration projects and other projects
related to reduction of non-point source pollution.
2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the
City's procurement requirements, sliall provide the services detailed in each Task Order.
Said tasks may include:
a. Identification of stream reaches that could benefit from stream restoration
and prioritize, in streams within the City limits.
b. Estimation of phosphorous reduction that would be realized for each priority
stream restoration project.
c. Assistance in developing grant applications for identified stream restorations
mid other non-point source pollution assessment projects.
d. Assistance to the CITY OF FAYE` rEVILLE in addressing other NPS
related issues.
3. Shall accomplish other specific tasks as detailed in each Task Order
E. THE CITY OF FAYETTEVILLE:
1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLE and the WCRC.
2. Shall assist with project activities and tasks. <3.
3. Shall provide review and input into the final restoration designs.
2
COPY
4. Shall oversee activities and coordinate staff needed for implementation of the restoration
designs.
5. Shall provide documentation of all project activities and associated matching funds.
6. Recognizes that their participation in stream restoration and NPS projects acquired is an
integral component in carrying out a successful project that will result in improved water
quality and habitat restoration.
7. Shall accomplish other specific tasks as detailed in each Task Order.
F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. FREEDOM OF INFORMATION ACT (FOIA). CITY OF FAYETTEVILLE contract and
documents prepared while performing city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed
for this compliance. Any information furnished to the WCRC under this instrument is subject to
the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual
consent of the parties. Changes, modifications, or amendments in scope (other than as
specifically established in this MOU), price or fees to this agreement shall not be allowed
without a prior formal contract amendment approved by the Mayor and/or the City Council in
advance of the change in scope, cost or fees.
3. PARTICIPATION IN SIMILAR ACTIVI'T'IES. This instrument in no way restricts the
WCRC or the CITY OF FAYEf'I'EVILLE from participating in similar activities with other
public or private agencies, organizations, and individuals.
4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the
last signature and is effective for three years.
5. PRINCIPAL CONTACT. The principal contacts for this instrument are:
Sandi Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: weref,.�watershedeonservation.or,
Chris Brown, P.E., City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville,AR 72701
Phone: 479-575-8206
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Fax: 479-575-8202
E-mail: cbrown&i.fayetteville.anus
Sarah Wrede, E.I., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: swrede .ci.fayetteville.ar.us
6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide
by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against
any person because of age, race, color, religion,sex, national origin,or disability.
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J. Form a, Executive Director Date
Watershed Conservation Resource Center
t
iond Jordan, y Date
City of Fayettevi
9 . 6
Sondra E. Smith, City Clerk/Treasurer Date
City of Fayetteville j«,,,,,,,,,,,r
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WCRC Statement of Qualifications
About the Watershed Conservation Resource Center
The Watershed Conservation Resource Center is a non-profit organization whose
mission is "to protect, conserve, and restore natural resources by utilizing the
watershed approach, environmental outreach, and providing planning and technical
assistance to landowners, communities, and government. "
The co-founders and principals of the Watershed Conservation Resource Center, Sandi J.Formica and
Mathew Van Eps have extensive backgrounds and are leading regional experts in watershed
management, watershed assessment, stream stability analysis, natural channel restoration design and
the utilization of GIS for inventory and evaluation of natural resource condition. The Watershed
Conservation Resource Center provides specialized assistance concerning watershed resource issues to
a variety of organizations including; watershed groups; local, state and federal governments;non-profit
organizations; conservation districts; and other entities that request assistance. The staff has a broad
range of,experience with the watershed approach and has spent many years working throughout
Arkansas on a variety of watershed issues. The WCRC is located in Fayetteville, Arkansas and has a
staff of five.
The Watershed Conservation Resource
Center is engaged in several watershed
assessment and stream restoration yJ
projects. At this time,the WCRC has 0 `-
received f indittg for the design of t s t-
three stream restoration projects in `
northwest Arkansas, two of which are
on the West Fork of the White River.
The WCRC is currently engaged in
projects that assess stream stability
and include measurement of lateral 4 y
erosion rates for developing
streambank erosion prediction curves
for various fluvial systems in
Arkansas. WCRC staff has provided
technical assistance and t N
recommendations to state and federal
natural resource agencies regarding sheambank stabilization projects in Arkansas, The WCRC is in
the process of completing an USDA grant, to develop with a host of government entities,NGOs,and
landowners a project plan for the restoration of unstable reaches on the West Fork White River,in
Northwest Arkansas. This project includes collecting field data to develop.a restoration design for
priority reaches along with introducing natural channel restoration design concepts to state and federal
programs. The staff of the WCRC has tremendous experience in project team coordination and
working in a team oriented environment composed of various natural resource agencies from federal,
state,and local levels along with landowners and non-government entities. The WCRC has also
developed a regional training program and assists with the development and teaching of watershed
based training courses that are attended by environmental professionals from around the country.
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WCRC Credentials
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