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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