No preview available
HomeMy WebLinkAboutOrdinance 5493 ORDINANCE NO. 5493 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 $45,969.00 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 Stormwater Education and Outreach as part of its Stormwater Phase II 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, the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of$45,969.00 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. PASSED and APPROVED this 3rd day of April, 2012. Page 2 Ordinance No. 5493 APPROVED: ATTEST: c By: By: Q") d� a 0� LIO ELD JO AN ayor SONDRA E. SMITH, CityClerk/Treasurer llplp lilt FO>fgiff o�.•�``�FtIVTR�hS:,� �v• c ;FAYETTEVILLE: >�m• he 01svyd,•9RkANSAOJ�e ®'', sN aaGTCSNbGe�a+`` 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 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 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, -' FJfHIBIT;: ' endorsed the attached proposal from the University of Arkansas Cooperative Extension Service; and 1 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 a 1 Year Regional Stormwater Education and Coordination Program (January 1, 2012 through December 31, 2012) based on the Urbanized Area population of the MS4s in the 2000 US Census, 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 1 Year Regional Stormwater Education and Coordination Program, and shall be accounted for separately from all other Commission funds. Dated this ��l day ,201 / MS4 Jurisdiction NWARPC 2 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/3/2012 City Council Meeting Date Agenda Items Only Sarah Wrede Engineering Development Services Submitted By Division Department Action Required: Approval of an ordinance waiving competitive bidding and approval of a one-year contract in the amount of $45,969.00 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. $ 45,969.00 $ 600,287.68 Stormwater Quality Mgmt/Nutdent Reduct Cost of this request Category/Project Budget Program Category/Project Name 4470.9470.5817.00 $ 425,298.27 Bridge&Drainage Improvements Account Number Funds Used to Date Program/Project Category Name 02097 $ 174,989.41 Sales Tax Capital Improvement Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached , JM"4r •rk- Previous Ordinance or Resolution# Departmen irector Date '7 Original Contract Date: Original Contract Number: Citoorney ' D nn Date Finance and Internal Services Director Date Received in City 03-15— 12 P 04:31 R C V D /f Clerk's Office x Chief of Sta Date /VER Received in Mayor's Office Mak Date Comments: Revised January 15, 2009 Tayet THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate,Development Services Director Chris Brown, City Engineer c4i From: Sarah Wrede, Staff Engineer,5M k/ Date: March 15, 2012 Subject: Approval of an ordinance waiving competitive bidding and approval of a one-year contract in the amount of $45,969.00 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. PROPOSAL: 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). 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 II permits: 1)Public Education and Outreach 2)Public Involvement and Participation 6)Pollution Prevention and Good Housekeeping(training for municipal employees) 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 a 1-Year Regional Stormwater Education and Coordination Program. Katie Teague will provide a summary of accomplishments for 2011 and plans for 2012 at the agenda session meeting on March 27th. RECOMMENDATION: Staff recommends approval of an ordinance to waive the requirements of competitive bidding and to authorize the Mayor to execute a Memoradum of Understanding with the Northwest Arkansas Regional Planning Commission for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service. BUDGET IMPACT: Currently, there is $174,989.41 in the Stormwater Quality Mgmt/Nutrient Reduct account that has been designated for use to fund projects that improve stormwater quality in the City of Fayetteville. This project will be paid for from these funds. ATTACHMENTS Memorandum of Understanding Urban Stormwater Education Program 2010-2014 Summary Cost Allocation Summary City Of Fayetteville - r Puchase Order-(PO) Request) aqua on o.. 311512012 (Not e'Purchase OMer) Number: LxpeCted Liefivery a e: All purchases under$2500 shall be used on a P-Card unless medical or 1099 service related (Ga1lx2S8w fb questions) .All PO Request shag be scanned to the Purchasingle-mail:Purchasing@ci.fayetteville.ar us Vendor#: Vendor Name:. Mail 8810 NWA Regional Planning'. Yes:_ No: Address: Fob Point: Taxable Quotes Attached Yes:_ No: Yes: No: City: State: Zip Code:. Ship to code: Divison Head Approva ,,r RMT 1 �/� Requester: ..3062 Extension: Tandi Taylor 206 Item Description Quantity Unitoflssue Unit Cost Extended Cost Account Numbers Project/Subproject# Inventory# Fixed Asset# 1 NWA Stormwater Education Program2012 1 $45,969.00 4470.9470.5817 02097 . 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 Special Instructions: Subtotal: $45,969.00 Tax: Total: $45,969.00 Approvals: Mayor: Department Director: Purchasing Manager: Finance&Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Revised 112/2008 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 $45,969.00 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 Stormwater Education and Outreach as part of its Stormwater Phase II 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, the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of$45,969.00 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. PASSED and APPROVED this 3`d day of April, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Urban Stormwater Education Program 2010-2014 University of Arkansas Division of Agriculture Cooperative Extension Service Introduction As the public education branch of the University of Arkansas Division of Agriculture,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 2004,the City of Fayetteville has jointly contracted with CES through the Northwest Arkansas Regional Planning Commission as a successful and cost-effective means of implementing the following minimum control measures required in our Phase II permits: #1) Public Education and Outreach #2) Public Involvement and Participation #6) Pollution Prevention and Good Housekeeping—municipal employee training component Program Planning and Evaluation The City of Fayetteville participates in monthly meetings of the NWA Stormwater Compliance Group and has representation on the NWA Regional Stormwater Education Steering Committee. 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. BMPs and Measurable Goals Minimum Control Measure#1 -Public Outreach and Education 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, fact sheets, podcasts, e-learning modules, website content, newsletters, press releases, and PSAs will be developed, adapted, and/or gathered for distribution at public meetings, in support of presentations, and with educational displays. Stormwater management and pollution prevention messages will be provided to participating MS4s for inclusion in municipal utility bill mailings to their residents. 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. Conduct hand-on youth stormwater/water quality education programs 1 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 required curriculum. 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 Goals: A minimum of 20 electronic and printed educational materials will be developed The#of educational materials distributed will be documented Stormwater displays will be created and used at a minimum of 5 events/locales At least 20 stormwater education programs will be conducted for youth audiences At least 10 stormwater education programs will be conducted for adult audiences Per Standard: Urban stormwater outreach/education programs will reach at least 26,220 residents (50% of the urbanized area population). Minimum Control Measure 42 - Public Participation and Involvement 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.) 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.). Engage Residents in Stormwater Policy Development Information will be included through multiple outlets (website, newsletters, press releases, etc.) to encourage public input/involvement as MS4 stormwater management policy evolves. Measureable Goals: At least 5 train-the-trainer programs will be conducted. At least 3 public participation events will be coordinated. Performance Standard: At least 5 public participation and involvement activities will be conducted. 2 Minimum Control Measure#6—MS4 Employee Training Train MS4 employees MS4 employees will be equipped with a knowledge and understanding of how to reduce the potential impact of their municipal operations activities on stormwater quality. Measureable Goal: A minimum of 10 training programs will be conducted for MS4 employees. Performance Standard: Training will be conducted for eligible employees annually. 3 Cost Allocation* of U of A Cooperative Extension Service Stormwater Regional Stormwater Education Program and NWA Regional Planning Commission Stormwater Coordination for NWA MS4 Jurisdictions based on the Urbanized Area Population of the 15 NWA MS4 Jurisdictions in the 2000 US Census Population In Urbanized Percent Urbanized Area Jurisdiction County Area by Jurisdiction Population Total Bentonville B 18,597 10.77% $16,296 Bethel Heights B 650 0.38% $575 Elkins W 722 0.42% $635 Elm Springs W 34 0.02% $30 Farmington W 3,271 1.89% $2,860 Fayetteville W 52,439 30.38% $45,969 Greenland W 552 0.32% $484 Johnson W 1,908 1.11% $1,680 Little Flock B 1,743 1.01% $1,528 Lowell B 4,631 2.68% $4,055 Rogers B 35,913 20.80% $31,473 Springdale W 44,397 25.72% $38,918 University of Arkansas W 3,694 2.14% $3,238 Benton County W 1,889 1.09% $1,649 Washington County W 2,190 1.27% $1,922 Total 172,630 100.00% $151,312 Note: Budget year runs from January 1 through December 31 of each calendar year These dollar breakouts assume all jursidictions participate.