HomeMy WebLinkAboutOrdinance 5617ORDINANCE NO.5617
AN ORDINANCE WAIVING THE REQUIREMENT FOR BIDS BY
APPLYING §34.23(F) PURCHASES AND CONTRACTS NOT IN EXCESS
OF $20,000.00 OF THE FAYETTEVILLE CODE OF ORDINANCES AND
APPROVING A CONTRACT WITH THE BEAVER WATERSHED
ALLIANCE IN THE AMOUNT OF $10,000.00 TO ASSIST IN THE
IMPROVEMENT OF WATER QUALITY IN THE BEAVER LAKE
WATERSHED
WHEREAS, the Beaver Watershed Alliance possesses unique expertise and resources
ideally suited to meet the City of Fayetteville's need for community outreach, scientific
investigation and voluntary best management practice implementation related to the Beaver Lake
watershed; and
WHEREAS, the Beaver Watershed Alliance is uniquely positioned to perform this work
on behalf of 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 waives the
requirements for bids by applying §34.23(F) Purchases and Contracts Not in Excess of
$20,000.00, of the Fayetteville Code of Ordinances and approves a contract with the Beaver
Watershed Alliance in the amount of $10,000.00 for community outreach, source water
protection, scientific investigation and restoration related to the Beaver Lake watershed. A copy
of the contract is attached to this Ordinance as Exhibit "A" and incorporated herein.
PASSED and APPROVED this 17'' day of September, 2013.
APPROVED:
ATTEST:
By: By:
aOELD JO , Mayor
SONDRA E. SMITH, City Clerk/T
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��. • G1T Y OF;SG.�
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FAYE77EVILLE
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The Beaver Watershed Alliance and the City of Fayetteville, Arkansas agree to enter
into the following contract on this 17th day of September, 2013.
WHEREAS, The Beaver Watershed Alliance is a non-profit corporation whose
mission is to proactively protect, enhance, and sustain water quality in Beaver Lake and
the integrity of its watershed through public outreach, scientific investigation, and
voluntary best management practice implementation; and
WHEREAS, The City of Fayetteville has a desire to protect and conserve the Beaver
Lake Watershed which provides its drinking water and has a nutrient reduction agreement
between the City of Fayetteville and Beaver Water District, and has budgeted funds for such
education activities.
NOW, THEREFORE, the Beaver Watershed Alliance and the City of Fayetteville
agree as follows:
1. The City of Fayetteville agrees to purchase source water protection, scientific
investigation and restoration, and community outreach services for its citizens from the
Beaver Watershed Alliance for the sum of Ten Thousand Dollars ($10,000.00).
2. The Beaver Watershed Alliance agrees to furnish a year long, extensive community
outreach, source water protection, and scientific investigation services program throughout
the Beaver Lake Watershed for the benefit of the City of Fayetteville and its citizens, during
the period of December 1, 2013 through December 1, 2014, and further to provide
implementation of and education about best management practices for stormwater management
and ecosystem restoration in the Beaver Lake Watershed.
3. The Beaver Watershed Alliance agrees to provide an annual written report about
its programs and activities to the Fayetteville City Council due on September 30, 2014.
BEAVER WATERSHED ALLIANCE
By. -
Execu,ji,e Director
Beaver Watershed Alliance
Sarah Wrede
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
September 17, 2013
City Council Meeting Date
Engineering Development Services
Division Department
Action Kequirea:
An ordinance to waive requirements for bidding for services costing less that $20,000 and to approve a contract
for $10,000 with the Beaver Watershed Alliance to assist in the improvement of water quality in the Beaver Lake
Watershed.
$ 10, 000.00
Cost of this request
4470.9470.5314.00
Account Number
02097.1
Project Number
Budgeted Item �X
Finance and Internal Service Director
Ch
IN
$ 225,044.00
Category / Project Budget
$ 79, 319.90
$ 145,724.10
Remaining Balance
Budget Adjustment Attached
Storm Water Quality Mgmt./Nutrient Reduction
Program Category / Project Name
Professional Services
Program / Project Category Name
Sales Tax Capital Improvement
Fund Name
N. U 1,
Previous Ordinance or Resolution #
Date
Original Contract Date:
Original Contract Number:
Date
Received in City Clerk's Office
Date
Date
Received in Mayor's Office
2�
31)-
Date
Laylelte_;11e
�' M
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff �(
Jeremy Pate, Development Services Director U
Chris Brown, City Engineer
From: Sarah Wrede, Staff Engineere(46J
Date: August 28, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of September 17, 2013
Subject: An ordinance to waive requirements for bidding for services costing less that $20,000 and to approve
a contract for $10,000 with the Beaver Watershed Alliance to assist in the improvement of water quality in the
Beaver Lake Watershed.
PROPOSAL: The Beaver Watershed Alliance (BWA) is a non-profit watershed group focused on water
quality in Beaver Lake which is the drinking water source for Fayetteville. The Alliance Board of Directors
represents stakeholders including government, business, agriculture, conservation, and academia. The mission
of the BWA is to proactively protect, enhance, and sustain quality in Beaver Lake and the integrity of its
watershed. The BWA has a nine element Watershed Protection Strategy, which was recently approved by the
EPA.
This sponsorship will be used to execute BWA programming in 2013-2014 such as watershed recognition
signage, conservation opportunity assessment for prioritized and targeted implementation of best management
practices in the West Fork Watershed, War Eagle Watershed outreach, water quality workshops and
symposiums, and other programs. Current sponsors include Beaver Water District, Walton Family Foundation,
and other water districts, municipal governments, and Wal-Mart vendors.
RECOMMENDATION: Staff recommends approval of an ordinance to waive the procurement requirements
for services costing less than $20,000 and to approve a contract for $10,000 with the Beaver Watershed
Alliance to assist in the improvement of water quality in the Beaver Lake Watershed.
BUDGET IMPACT: The City of Fayetteville currently has adequate funds remaining in the Storm Water
Quality Management/Nutrient Reduction Project for this contract.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENT FOR BIDS BY
APPLYING §34.23(F) PURCHASES AND CONTRACTS NOT IN EXCESS
OF $20,000.00 OF THE FAYETTEVILLE CODE OF ORDINANCES AND
APPROVING A CONTRACT WITH THE BEAVER WATERSHED
ALLIANCE IN THE AMOUNT OF $10,000.00 TO ASSIST IN THE
IMPROVEMENT OF WATER QUALITY IN THE BEAVER LAKE
WATERSHED
WHEREAS, the Beaver Watershed Alliance possesses unique expertise and resources
ideally suited to meet the City of Fayetteville's need for community outreach, scientific
investigation and voluntary best management practice implementation related to the Beaver Lake
watershed; and
WHEREAS, the Beaver Watershed Alliance is uniquely positioned to perform this work
on behalf of 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 waives the
requirements for bids by applying §34.23(F) Purchases and Contracts Not in Excess of
$20,000.00, of the Fayetteville Code of Ordinances and approves a contract with the Beaver
Watershed Alliance in the amount of $10,000.00 for community outreach, source water
protection, scientific investigation and restoration related to the Beaver Lake watershed. A copy
of the contract is attached to this Ordinance as Exhibit "A" and incorporated herein.
PASSED and APPROVED this 171h day of September, 2013.
APPROVED:
Ln
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
June 27, 2013
EATER ATE ALLIANCE
Attn: Mrs. Sarah Wrede
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Mrs. Wrede,
The Beaver Watershed Alliance (BWA) is a nonprofit watershed group focused on water quality
in Beaver Lake — the drinking water source for Fayetteville and one in seven Arkansans. The
mission of the BWA is to proactively protect, enhance, and sustain quality in Beaver Lake and
the integrity of its watershed.
According to our recently EPA accepted Nine Element Watershed Protection Strategy, issues of
the future that can impact Beaver Lake if no proactive measures are taken are the estimated
quadrupling of municipal area, population growth by 8o percent, and associated land use
changes within the watershed. Such issues can degrade our drinking water source, decrease
economic vitality and quality of life for our region, and significantly increase water treatment
costs. More direct and current issues affecting the quality of water within Beaver Lake, assuming
no proactive measures are taken, are sediment and phosphorus loads estimated to increase by
50,000 tons, and 24,000 pounds per year respectively. Furthermore, the greatest potential
impacts to Beaver Lake are expected to occur in the War Eagle and Beaver Lake -White River
Watershed's — Nearly all of which lay outside of the City of Fayetteville.
Since BWA is poised to lead in source water protection and conservation for the watershed that
provides us all with clean drinking water, economic development, and quality of life that is
unparalleled elsewhere in the state — Financial support from the City of Fayetteville seems like a
natural fit. This letter is to formally request that the City of Fayetteville sponsor the Beaver
Watershed Alliance at the level of "Water Quality Champion" for the amount of $1o,000. This
sponsorship will be used to execute our programming in 2013-2014 such as watershed
recognition signage, conservation opportunity assessment for prioritized and targeted
implementation of best management practices in West Fork Watershed, War Eagle Watershed
outreach, water quality workshops and symposiums, and other programs. In return for a
sponsorship, BWA will credit the City as a primary sponsor on a special "water quality partners"
page on our website, and in any co -hosted events. I sincerely thank you for your consideration
of this request, and I would be happy to be available at any time to answer questions about
Beaver Watershed Alliance or our goals and activities.
Sincerely,
John H. Pennington
Executive Director
John@BeaverWatershedAlliance.org
Beaver Watershed Alliance 1 614 E. Emma Ave., Suite M438, Springdale AR, 72764 1 479-970-3550
BEAVE R WATE
y ALLIANCE
Scope of Work for 2014
Introduction:
The Beaver Watershed Alliance (the Alliance) was incorporated in 2010 for the purpose of implementing
the Beaver Lake Watershed Protection Strategy (BLWPS). There are five key elements of the BLWPS
including:
• Establishing a Beaver Lake Watershed Council
• Implementation of core best management practices
• Development of a developer and contractor's lake protection certification program
• Establishing an education and stewardship program
• Devising a monitoring and adaptive management program.
The Beaver Watershed Alliance was established specifically to fulfill the first of the five key components.
The BLWPS further establishes minimum management measures that need to be implemented to assure
maintenance of the quality of water in Beaver Lake at or better than the current condition of the water.
These management measures include:
• Land conservation
• Improved construction site management
• Riparian buffer and bank restoration
• Pasture management Best Management Practices (BMPs)
• Riparian buffer preservation
• Unpaved road improvements
• Stormwater BMP retrofits.
The long-term goal of the Alliance is to implement programs that assist the region in fulfilling the five
key elements of the BLWPS and implementing the necessary management measures. The Alliance will
work independently and cooperatively with our partners to meet this goal.
Proposed programming for 2014 is based on anticipated funding;
programs will be prioritized based on available funds.
Priority Programs for 2014
Land Conservation
The Alliance adopted (1) land conservation, (2) stream restoration, (3) landowner outreach, (4)
unimproved road maintenance as target best management practices (BMPs) to focus on in programming
and projects. In an effort to provide long-term guidance for on the ground efforts, the Alliance proposes
to develop an assessment and inventory of high -risk areas on the watershed and a prioritization of
where work should be focused to attain maximum benefit in terms of water quality improvement. This
"opportunity assessment" would serve as a tool for multiple organizations working to improve water
quality, restore ecosystems on the watershed, and conserving land (The Northwest Arkansas Land Trust,
Fayetteville Natural Heritage Association, Watershed Conservation Resource Center, etc.). Such a
guiding document, when paired with the Beaver Lake Watershed Protection Strategy, would provide the
backbone for project development and implementation in the future.
The assessment would begin with a landowner outreach and input campaign in the West Fork -White
River and the updating and combining the former West Fork -White River assessment by WCRC and the
FNHA's Urban Forestry Assessment from updated GIS data. The assessment could then be expanded to
other subwatersheds (with a focus on the War Eagle next). Partners such as WCRC, the Northwest
Arkansas Land Trust, and local government and agencies could help guide efforts and add value to the
end product. This approach has been submitted for funding through the Tyson Foods charitable giving
program, and the Walton Family Foundation. The end product would be an interactive map displaying
areas of high priority for BMP implementation and other efforts, and would also include a database that
could be used to query and identify partners and landowners in a given area. This would be a useful tool
in project planning, but could also prove valuable as BMP implementation and outreach and education
tool.
Key Element: Core ''
[lank Restoration; Stormwater BMP retrofits
The Alliance partnered with Dr. Marty Matlock and his bioengineering lab at the University of Arkansas
to evaluate the potential of a constructed off -channel sediment catchment basin on the West Fork of
the White River near AR Hwy 16 and Dead Horse Mountain Road in south Fayetteville. A senior design
team completed initial surveys and modeling in fall 2012 and determined that if the feature was
constructed, it would indeed provide a settling area for sediment during peak flow conditions and would
therefore significantly reduce the amount of sediment reaching Beaver Lake. However, the location
was not suitable, and so this program will be continued to find a suitable location and to determine cost
of implementation and feasibility.
The project would be a stormwater retrofit and could also be used as a demonstration area for
streamside landowners wishing to provide alternate water sources for livestock and to promote
exclusion of livestock from streams with the benefit of raising property values through property
improvements. If the actual feature is not constructed, the project has merit as an exploratory program
with results being publishable and promoted for consideration elsewhere. This kind of technical
innovation is a benefit to the Alliance's credibility as a body of experts in water quality.
Key Element: Education and Stewardship -
Core BMPS: Buffer Preservation; Pasture Management
War Eagle is listed as impaired for drinking water, agriculture, and industrial water use on the Arkansas
303d impaired waters list. The subwatershed is starting to face increasing pressure from population
growth in rural residential subdivisions, particularly in aesthetically attractive areas surrounding Beaver
Lake. As a result, there is significant new construction, including residential, commercial and industrial,
roads, and other infrastructure. Since the War Eagle Creek flows through land that is owned by
individuals, private corporations, and municipal and township areas in both rural and urban areas, this
project provides an opportunity to engage a broad cross-section of watershed stakeholders from all
walks of life who own riparian lands to collaboratively improve the water quality of the creek through
improved appreciation for and management of the river and riparian buffers. This project will increase
the unified ownership of water quality protection and improvement efforts among stakeholder groups
that are linked through shared riparian corridors, and introduce the Beaver Watershed Alliance to
stakeholders on the War Eagle Watershed.
The intent of this project is to follow the recommendations outlined in portions of the Beaver Lake
Watershed Protection Strategy and the Arkansas Nonpoint Pollution Plan to: improve water quality of
an impaired stream, foster watershed ownership, and incite voluntary urban, rural, and municipal
stewardship actions among the residents of the War Eagle Watershed. The project is modeled after
the University of Arkansas Extensions very successful outreach program on the Clear Creek watershed.
The priorities of the overall project are to:
1. Identify and engage riparian landowners to increase their knowledge/understanding of
riparian buffer functions and associated benefits for improving and maintaining water
quality
2. Conduct riparian area assessments and encourage each landowner to consider options to
protect/improve their riparian area(s)
3. Establish riparian management/improvement demonstrations
4. Establish a landowner -to -landowner educational program
The Alliance proposes to begin preliminary work in an outreach on items 1 and 2 above by:
• Developing a database of all riparian landowners (through collaboration with Benton, Madison,
and Washington County Planning and Assessor staff).
• Initiate engagement of key stakeholders and landowners through input and planning focus
groups at the community level.
• Engaging riparian landowners in the preservation, restoration, and management of riparian
areas through project newsletters, the distribution of educational materials (such as the
previously discussed Riparian Planting Guide), and individual site visits.
• Anecdotal stories will be shared as program successes. Newsletters and outreach materials
would also encourage landowners to take advantage of available cost -share programs, tax
incentive programs, and/or technical assistance to enhance their riparian management
practices.
Benefits of this project to the Alliance include introducing ourselves as a partner and resource for rural
communities and landowners, raising awareness of water quality issues in a high -priority subwatershed,
and establishing a track record of success in terms of programming.
Key Element: Adaptive Management:
The Alliance will evaluate progress in implementing the priority programs outlined above as well as the
overall progress in implementing the BLWPS. A progress report will be submitted to Beaver Water
District and its Board of Directors fall 2014 at the District's discretion this report will be made at the
September, October or November meeting of the Board of Directors. At the same time, the Alliance will
submit to the District a plan of action for 2015 programs.
Other Activities (several key elements and core BMPs):
The Alliance strives to implement programs that are within the scope of our mission either acting
independently or in cooperation with watershed and regional partners. Projects currently being
pursued or in planning phases include:
• Watershed informational shorts at area theaters (ongoing)
• Beaver Lake Awareness Concerts and DVD (in development with partner groups; ;Key element:
Education and Stewardship)
• Source drinking water awareness signage implementation throughout the Beaver Lake
Watershed
• Beaver Lake Watershed Symposium
• Dirt road management symposium (in planning phase; Key element: Core BMPs, Unimproved
road maintenance)
• Coordination of monitoring efforts by local and state partners (e.g. StreamSmart; ongoing; Key
element: Monitoring and Adaptive Management)
• Volunteer and educational events throughout the watershed, including War Eagle Appreciation
Day, West Fork and other cleanup events, support for Beaver Lake Secchi Day, etc. (ongoing; Key
element: Education and Stewardship)
• Outdoor Watershed Education and Recreation Program
During 2013, the Alliance will continue to look for partnering opportunities and will participate as often
as possible in public awareness events that advance the mission of the Alliance.
Alliance Budget - FY2014
Anticipated Income
Item
Amount
FY2013 Carry Over
$30,000.00
Watershed Education Endowment
$50,000.00
Other Sponsors
$218,000.00
WFF Grant
$123,998.00
Energize NWA
$20,000.00
Total Anticipated Income
$441,998.00
Anticipated Expenses
Item Amount
Personnel $158,939.00
Operations $12,240.00
WPS Implementation $200,127.00
Total Anticipated Expenses $371,306.00
The Alliance will seek appropriate corporate and government grants, focused sponsorships, and in -kind
support for projects and programs where possible.
*Watershed Education Endowment is part of EnergizeNWA grant in order to make the outdoor
watershed education and recreation grant available to underserved youth in a 4 county area in
perpetuity.
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NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
NEWSRM-ER.S
THE MORNING NEWS OF ROGERS
NORTHWEST ARKANSASTIMES
LLC
6ENTON COUNTY DAILYILYRRECORD
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, Holly Andrews, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5617
Was inserted in the Regular Editions on:
September 26, 2013
Publication Charges: $ 84.31
Subscribed and sworn to before me
This Z(:e day of , 2013.
0�4�
Notary Public I
My Commission Expires:
(J i
i\.iv C,,m7;mis ion Expr
* *NOTE* *
Please do not pay from Affidavit. Invoice will be sent.