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HomeMy WebLinkAboutOrdinance 5733ORDINANCE NO. 5733 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $40,017.86 FOR A STORMWATER EDUCATION PROGRAM FOR 2015 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 2015 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 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 $40,017.86 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. Page 2 Ordinance No. 5733 PASSED and APPROVED this Wh day of January, 2015. TTEST: By LI 4At&'eL' 4�7 . A44t4 SONDRA E. SMITH, City Clerk/TolWfiifig �° FAME m— .- TTEVILLE °P kA NS •D�o`®e TO O i �C ���1"N�°a City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 Text File File Number: 2014-0577 Agenda Date: 1/6/2015 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: C. 1 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $40,017.86 FOR A STORMWATER EDUCATION PROGRAM FOR 2015 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 2015 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 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 $40,017.86 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 11712015 City of Fayetteville Staff Review Form 2014-0577 Legistar File ID 1/6/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 11/20/2014 Engineering / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Waiving competitive bidding and approving of a one-year agreement in the amount of $40,017.86 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 Stormwater Quality Management (Stormwater Quality Mgmt/Nutrient Reduct) Project Number Project Title Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment $ 407,246.00 $ 278,756.72 f $ —� 128,489.28 l $ 40,017.86 Remaining Budget $ 88,471.42 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF • eeTae ARKANSAS MEETING OF JANUARY 6, 2015 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: November 20, 2014 SUBJECT: Waiving competitive bidding and approving of a one-year agreement in the amount of $40,017.86 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 $40,017.86 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 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 $40,017.86 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