HomeMy WebLinkAboutOrdinance 5569 ORDINANCE NO. 5569
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 $42,240.78 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$42,240.78 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 5t'day of March, 2012.
APPROVED: ATTEST:
By: X
LI , +L JORDAN yor SONDRA E. SMITH, City Clerk/Treasurer
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 I1 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 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
;EXHIBIT .:
Fayetteville
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,AND THE BOARD OF
DIRECTORS OF THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION, AGREE AS
FOLLOWS:
SECTION 1. To participate in a 1-Year Regional Stormwater Education
and Coordination Program (January 1, 2013 — December 31, 2013), 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 each jurisdiction's pro-rated share of
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 II Stormwater
Program requirements, and shall be accounted for separately from all other
Commission funds.
:yett
ted this day of ,2013.
c
MS4 Jurisdiction
ille
NWARPC
Jeff i s
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
3/5/2013
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
$42,240.78 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.
$ 42,240.78 $ 228,499.99 Stormwater Quality Mgmt/Nutrient Reduct
Cost of this request Category/Project Budget Program Category/Project Name
4470.9470.5817.00 $ 1,336.08 Bridge&Drainage Improvements
Account Number Funds Used to Date Program/Project Category Name
02097 $ 227,163.91 Sales Tax Capital Improvement
Project Number Remaining Balance Fund Name
Budgeted Item 0 Budget Adjustment Attached
pf' Previous Ordinance or Resolution#
Departm irector Date
Original Contract Date:
CZ/5=x ,
Original Contract Number:
641orney Date
Finance and Internal Services Director Date Received in City 2 "- P 1 2: 6 C V D
Clerk's Office
yChief ff Date E TEREN
Received in /C
Mayor's Office N
Ma or 04te
Comments:
Revised January 15,2009
Zayj eTHE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
KANSAS
CITY COUNCIL AGENDA MEMO Council Meeting of March 5,2013
To: Mayor and City Council
Thru: Don Marr, Chief of Staff �((
Jeremy Pate,Development Services Director6
Chris Brown,City Engineer CO
From: Sarah Wrede, Staff Engineer r-
Date: February 14, 2012
Subject: Approval of an ordinance waiving competitive bidding and approval of a one-year contract in the amount of
$42,240.78 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). 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:
1)Public Education and Outreach
2)Public Involvement and Participation
6)Pollution Prevention and Good Housekeeping(training for municipal employees)
A summary of the tasks associated with each of these is attached.
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.
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 $227,163.91 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
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 $42,240.78 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$42,240.78 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 5th day of March, 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 duality education programs
1
i
Educational programs for school youth will focus on the water cycle, watersheds,
stormwater dynamics, water quality and pollution prevention using the
EnviroSeape 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
Performance Standard:
Urban stormwater outreach/education programs will reach at least 26,220
residents(50%of the urbanized area population).
Minimum Control Measure#2-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.
I
i
I
3
I
Cost Allocation* of U of A Cooperative Extension Service NWA Regional Stormwater Education Program
and NWA Regional Planning Commission Stormwater Coordination for NWA MS4 Jurisdictions
based on the Urbanized Area Population of the 21 NWA MS4 Jurisdictions in the 2010 US Census
2010 Block Census Data
Cost for 2013 NWA Regional Urban
Jurisdiction Urbanized Area Population %Urbanized Area Population Stormwater Education Program
Bella Vista 22,841 7.74% $14,739.78
ag; II
Bentonville33,801 11.45% $21,812.50
ONO 969.._ „s. - .....-
ON1 _ .
Cave Springs 0.33% $625.32
Elkins 1,991 0.67% $1,284.83
Farmin ton 4,964 1.68% $3,203.37
65,457 $42,240.78
Greenland 721 0.24% $465.28
Little Flock 1,742 0.59% $1,124.15
JKPea Ride 4,298 1.46% $2,773.59
Rogers 54,897 18.60% $35,426.19
�. , .. NOW
Tontitown 71
0.02% $45.82
s. 5,801 $3,743.51
Washington County 1,868 .63°0 $1,205.46
Totals 295,081 100.00% $190,422.00
Note: Budget year runs from January 1 through December 31 of each calendar year
*These dollar breakouts assume all jursidictions participate.
r• Y .,,...., . Requisition o.: Date:
2/14/2013
Number: Expected uelivery a e:
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 Approval:
RMT 1
Requester: 3062 Extension:
Tandi Taylor 206
Iteml Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pro'ect/Sub ro'ect# Inventory# Fixed Asset#
1 NWA Stormwater Education 1 $42,240.78 4470.9470.5817 02097
Program 2013
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: $42,240.78
Tax:
Total: $42,240.78
Approvals:
Mayor: Department Director: Purchasing Manager:
Finance&Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utilities Manager: Other:
Revised 1/2/2008
RECEIVED
MAR 2 8 2013
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS
p E NORTHWEST ARKANSAS TIMES
LLC BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1 479-442.1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas
Newspapers, LLC, printed and published in Benton County and Washington County,
Arkansas, of bona fide circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance No. 5569
Was inserted in the regular edition of � ,, ,aRD�NAnicE�Na mss I
Northwest Arkansas Times AN ORDINANCE WAIVING ;THE =z
'REQUIREMENTS OF FQRMAL COMPETITIVE � P P P
BIDC�ING AND APPROVING A MEMORANDUM a V Vr \jz
r 9OF >, - ARxN5A5 UNDERSTANDING WITH THE ;MS4
on: March 21, 2013 -T J, AND SHE NORTHWEST r
ARKANSAS REGIONALPLANNING COMMISSION INTHEAMOUNTOF$42 24078
FOR THE;REGIONAL URBAN�;STORMWATER EDUCA'tf 'P.ROGRAM r0 BE'
Publication �iOStS: 103.76 z=PROVIDED BY ,E W, IV SITY OF ARKANSAS,COOPERATIVE,EXT pISIQN
SERVICE,,TO SATISFY PORTIONS OF THE NPDES PHASE 1I STORMWATER
''PERA�IIT'REQUIREMENTS
-WHEREAS,the provisions of the attached Memorandum of bl nderstanding meet„-
OLLCIL� - +U the City'gf;Fayettexilles need for Stormweter Education and,OUfreach as part of,
its Stormweter Phase II permit requirements`and,
WHEREAS,the University�ofArkansas Cooperative Extension Service"oan el i_-"
Karen Caler ciently'anJ;effectively provide this service at a significant savings to the citizens
of,Fayetteville.
NOW,THEREFORE;BE.IT.ORDAINED.BY THE,CISY COUNCIL OF THE CITY: '
Subscribed and sworn to before me oIF FAYETTEVIt 1 E ARKANsgs
$ect�on 1 That the City Council of the City of Fa�ettev ills Arkansas hereby deter
This 21 day of d 2013.
rmiraesan exceptional tua on exists in which corrfpetitly bidding deer tedp
fesie orp ctial:ands ereforeswawes the requlrementsyforrnal compete
tNe b dd
m dp ove� Memotandurt£o fljnderstaridirgf(marked as Eiib
<� � "
A attaChetl erefo-and made a part"ReKlbetween the City of Fayst
�� Arkansas hs MS4 Junsdictioris and the"Northwest-Arkansas.Regional Planning
Commission m the amount of$42 240 78 for the f3egional Urban Sto6`9104 r
EdUcafion Prograrn"to be provided by the,University of Arkansas Cooperative„
Notary Public
Extension'Servioe`,to satis��10,41 hs.;of the NPDES,Phase 11 Stormy✓ater Pemt�t
requirements
a ls.-x„x s
PASSED and APPROYDhfs�5f day=of March 20w3
My Commission Expires: � � ATTESTS � `
By By i
LIONELD�JORDAN,�Mayor " SONDRA E SMITH City Clerk/Treasurer `"
Exhibits for this ordinance may be weaved m the office of the City Cleir,/Treasurer,;'.
**Do Not Pay from Affidavit**
CA�1j.Vq'!
E �; ��1, c ;;;;�,� "F;n **Invoice will be sent**
to