HomeMy WebLinkAboutOrdinance 5366 ORDINANCE NO. 5366
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 $44,551.97 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 and the MS4 Jurisdictions and the Northwest
Arkansas Regional Planning Commission in the amount of$44,551.97 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.
TR ''w
PASSED and APPROVED this 7h day of December, 2010.
Y
APPROVED: ATTEST: s ®FAYETTEVI LLE
By. / B Ur��!it/1tiCJ /'{`(G aiaia►►
Lf6NkLD JORD ayor SONDRA E. SMITH, City Clerk/Treasurer
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,
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 Year 3 of the attached 3-Year
Regional Stormwater Education and Coordination Program, 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 3-Year Regional Stormwater Education and
Coordination Program, and shall be accounted for separately from all
other Commission funds.
Dated this day of 31a&Xier 2010.
�---�_ MS4 Jurisdiction
NWARPC
2
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/7/2010
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
$44,551.97 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.
$ 44,551.97 $ 412,066.00 Stormwater Quality Mgmt/Nutrient Reduct
Cost of this request Category/Project Budget Program Category/Project Name
4470.9470.5817.00 $ 98,279.38 Bridge&Drainage Improvements
Account Number Funds Used to Date Program/Project Category Name
02097 $ 313,786.62 Sales Tax Capital Improvement
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Depart hirector Date
Original Contract Date:
Original Contract Number:
y torney Date
Finance and Internal Services Director Date Received in City 1 1-1 -1 0 A 1 1 :32 R C V D
Clerk's Office
Chi f of aff Date ENT E
Received in
Mayor's Office `
yor Da
Comments:
Revised January 15,2009
Zay1eeV1 leTHE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS 1111
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff �p
Jeremy Pate, Development Services Director 0�
Chris Brown, City Engineer uO
From: Sarah Wrede, Staff Engineers/w
Date: November 17, 2010
Subject: Approval of an ordinance waiving competitive bidding and approval of a one-year contract in the amount of
$44,551.97 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 Year 3 of the attached 3-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 $313,786.62 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 $44,551.97 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 and the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the
amount of $44,551.97 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 7"'day of December, 2010.
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
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
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.
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.
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
Jurisdiction County Area by Jurisdiction Area Population 2009 2010 2011 3-Year Total
Bentonville B 18,597 10.77% $14,987.64 $15,311.82 $15,794.10 $46,093.55
Bethel Heights B 650 0.38% $528.81 $540.25 $557.27 $1,626.33
Elkins W 722 0.42% $584.48 $597.12 $615.93 $1,797.52
Elm Springs W 34 0.02% $27.83 $28.43 $29.33 $85.60
Farmington W 3,271 1.89% $2,630.14 $2,687.03 $2,771.67 $8,088.84
Fayetteville W 52,439 30.38% $42,272.20 $43,191.55 $44,551.97 $130,015.72
Greenland W 552 0.32% $445.32 $454.95 $469.28 $1,369.54
Johnson W 1,908 1.11% $1,544.69 $1,578.10 $1,627.80 $4,750.59
Little Flock B 1,743 1.01% $1,405.53 $1,435.93 $1,481.15 $4,322.61
Lowell B 4,631 2.68% $3,729.51 $3,810.18 $3,930.19 $11,469.89
Rogers B 35,913 20.80% $28,945.49 $29,571.57 $30,502.99 $89,020.05
Springdale W 44,397 25.72% $35,792.21 $36,566.38 $37,718.12 $110,076.71
Benton County B 1,889 1.09% $1,516.85 1 $1,549.66_1 $1,598.47 $4,664.99
Univ.ofArkanasas W 3,694 2.14% $2,982.96 $3,042.46 $3,138.29 $9,163.71
Washington County W 2,190 1.27% $1,767.34 $1,805.57 $1,862.44 $5,435.35
Totals 172,630 100.00% $139,161.00 $142,171.00 1 $146,649.00 $427,981.00
Note: Budget year runs from January 1 through December 31 of each calendar year
*These dollar breakouts assume all jursidictions participate.
NORTHWEST ARKANSAS RECEIVED
NEWSPAPERS-Lc DEC 3 0 2010
Northwest Arkansas Democrat Gazette CITY
CITYOCLERKS OFFICE FAYETrEVILLE
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in Washington & Benton
County, (Lowell), Arkansas and that from my own personal knowledge
and reference to the files of said publication, the advertisement of: City
of Fayetteville- Ordinance 5366
December 23, 2010
Publication Charge : $ 77.82
Signed: --__04-2
Subscribed and sworn to before me
Thisa� day of , 2010.
Notary Public
----------------
�ENotary
ears
gton county
umber 12374647
Ivry Commission Expires: blic Arkansas
Expires Jan.20,2020
Do not pay from Affidavit, an invoice will be sent
"'ECEIVED
DEC 30 2010
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE MO 5368
ANORDINANCE;WAIVING THERE6 UIREMENTS OF
FORMAL COMPETITIVE BIDDING TND APPROVING � � J
A,MEMORANDUM'OF UND,ERSTANDIN� WITH ,���IIII
THE MS4 JURISDICTIONS'ANO THE NORTHWEST
AAKANSASREGIONALPLAfyNINGCOMMISSIONIN na'wnHsns- i
THE AMOUNT OF$44,551.97 FOR THE REGIONAL
Tf URBAN.STORMWATER EDUCATION PROGRAW,TO BE:PROVIDED'BY THE UNIVERSITY,
i^
OF ApKANSAS COOPERATIVEEXfENSION•SERVICE:TO.SATISFY PORTIONS OF THE
NPDES PHASEJI ST,ORMWATER PERMIT REQUIREMENTS
WHEREAS,the provWons.of the;attached Memorendu6m,of Understanding rr @ethhe-City.of
Fayettevl�e's need°foriStonnwater Education,and OUtrea6h as.part of its StormWaterPhase,3
II perrnIfmquirements and
WHEREAS,the University of Arkansas:Cooperative Extension Service cen,efficientl and
f'. effectively,pXovide thisservloe at a:signficant,savings to the.eltizens of,Fayetteville `y
NOW,THEREFORE'BE IT ORDAINED BY THE'CITXCOUNCIL OP,THE CITY.OF'.
rFAYE7TEVILLE;ARKANSAS.,,
Section-l�.That tha C(ty Counclbof the City.pf Fayetteville Arkansas hereby,determines an
exceptional situation.exists�dh which competitNepldding is,
de,
emed notfieasible or,practi-`
...cal.and thereforevaves;the„requirements,pf.formal;cornpetit[ve bipding and,;epproves,a
Memorandum of Understanding t(marked as Exhibit"A"!attached hereto and made a part.
tfiereof) between the.City,.Oi Fayetteville„Arkansas.and.;the.MS4:Jurisdictions,and,the
Northwest..Ark�nsas Regional•Planning Cornmissio'I the,amount.pf$48,551.;97-for the,
Regional Urban Stomlwater Education Program to be provided by the.University ot,q*nsas;
Cooperative Extension,$eM(ze to satisfy portion¢'of the NPDES Phasa II StorrnMjer PermRs.
requirements.
PASSED and APPROVED this 7th day ofDecember,2010
APPROVED: ATTEST-,
LIONEID JORDAN,Mayor SONDRA B;SMITH City Clerk Treasurer
Exhibits for,this ordnance m,5avJeJew in�tha office of the City.Clerkfrreasurer;