HomeMy WebLinkAboutOrdinance 5670ORDINANCE NO. 5670
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 $46,766.73 FOR A STORMWATER
EDUCATION PROGRAM
WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest
Arkansas, has been operating under the Environmental Protection Agency's ("EPA") federally
mandated Phase II Stormwater Regulations as a Municipal Separate Storm Sewer System
("MS4"); and
WHEREAS, the Northwest Arkansas Planning Commission has determined that a
regional approach to certain minimum control measures required for renewal of MS4 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 ADEQ; and
WHEREAS, the NWARPC has endorsed a proposal from the University of Arkansas
Cooperative Extension Service to design and provide a stormwater education program to all
MS4s in Northwest Arkansas; and
WHEREAS, the cost of the agreement to the City for 2014 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 approves a
Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof)
between the City and the Northwest Arkansas Regional Planning Commission in the amount of
$46,766.73 for a Stormwater Education Program to be provided by the University of Arkansas
Cooperative Extension Service to satisfy portions of the EPA's Phase II Stormwater Regulations.
Page 2
Ordinance No. 5670
PASSED and APPROVED this 180' day of March, 2014.
ATTEST:
By: J"�Jim 4'
SONDRA E. SMITH, City ClerV At�hptwF��p.
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=_O0 FAYETTEVILLE per
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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 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 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
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, 2014 — December 31, 2014), 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.
Dated the _L_day of M , 2014.
✓"""� MS4 Jurisdiction
NWARPC
Jeff fOMA
Sarah Wrede
Submitted By
City of Fayetteville Item Review Form
2014-0105
Legistar File Number
3/18/2014
City Council Meeting Date -Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
Approval of an ordinance waiving competitive bidding and approval of a one-year contract in the
amount of $46,766.73 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.
Does this item have a cost? Yes
$46,766.73
Cost of this request
4470.9470.5817.00
$419,235.22 Stormwater Quality and Nutrient Reduction Plan
Category or Project Budget
$4,972.57
Account Number Funds Used to Date
02097 $367,495.92
Project Number
Budgeted Item? Yes
Previous Ordinance or Resolution #
Original Contract Number:
Comm
Imi ()-- � f�..�
Remaining Balance
Budget Adjustment Attached? NO
Program or Project Name
Bridge & Drainage Improvements
Program or Project Category
Sales Tax Capital Improvement
Fund Name
V20130812
E EREEW EBEt 6--V`�
ZayZeeville
�m 3
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Sarah Wrede, Staff Engineer
Date: February 25, 2014
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting..of March 18, 2014
Subject: Approval of an ordinance waiving competitive bidding and approval of a one-year contract in the amount of
$46,766.73 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)
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.
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: Funding in the amount of $46,766.73 is available in the Stormwater Quality Management and
Nutrient Reduction Plan Budget. This Memorandum of Understanding 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 ONE-YEAR CONTRACT
WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING
COMMISSION IN THE AMOUNT OF $46,766.73 FOR A STORMWATER
EDUCATION PROGRAM
WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest
Arkansas, has been operating under the Environmental Protection Agency's ("EPA") federally
mandated Phase II Stormwater Regulations as a Municipal Separate Storm Sewer System
("MS4"); and
WHEREAS, the Northwest Arkansas Planning Commission has determined that a
regional approach to certain minimum control measures required for renewal of MS4 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 ADEQ; and
WHEREAS, the NWARPC has endorsed a proposal from the University of Arkansas
Cooperative Extension Service to design and provide a stormwater education program to all
MS4s in Northwest Arkansas; and
WHEREAS, the cost of the agreement to the City for 2014 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 approves a
Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof)
between the City and the Northwest Arkansas Regional Planning Commission in the amount of
$46,766.73 for a Stormwater Education Program to be provided by the University of Arkansas
Cooperative Extension Service to satisfy portions of the EPA's Phase II Stormwater Regulations.
Page 2
Ordinance No.
PASSED and APPROVED this 18th day of March, 2014.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS DEMOCRAT-( AZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
NEW
SPAPE16LLC
THE MORNING NEWS OF ROGERS
NORTHWEST ARKANSAS TIMES
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
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 -
Ord. 5670
Was inserted in the Regular Editions on:
March 27, 2014
Publication Charges: $116.73
Karen Caler
Subscribed and sworn to before me
This day of , 2014.
oaa� V v LJ
Notary Public
My Commission Expires:��
CATHY WILES
Arkansas - Benton County
Notary Public - Comm#I 12397116
MY Commission Expires Feb 20, 2024
RECEIVED
MAR 2 8 2014
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE„NO 5670
ANORDINANCEWAIVINGTHEREQUIREMENTS
OF FORMAL, COMPETITIVE BIDDING AND
APPROVING A ONE-YEAR CONTRACT WITH aYej �j �j
fHE iNORTHWEST ARKANSAS REGIONAL; ARKANSAS
PLANNING COMMISSIpNTIN TFSEAMOHiN"fr � - � �
OF $46
71' '73' A STORMWATER EDUCAEION`PROGRAM
WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest
Arkansas, has :been oq�rating pnd r�.the Environmental Protection Agency's
EPA' federally,mandated Phase fill Stormwater Re Mations' as `a Munici al
Separate Storm S0Wer:System (.,MSa"); an
WHEREAS the Northwest Arin
kansas. Planng Corpmission has deterrnmetl tFtat„ s
a regional approach to certain minimum control measures require for renewal
of%MS41perrndsX-`Pdblib'Jnvolvement
and Participation, and t{ie education component of Pollution Prevention/Gootl
Housekeeping :, is both logical cost effective and appropriate and this approach
has tieen dj50robed by tI`f DEQ -,,,'anti
WHEREAS; the NWAPC , has -6ni orsed a: proposal from, the; University ro#
Arkansas;Cooperative,,,' Extension Semce to,Assign and provide a stormwater.-:>
etlucaf�on program to all 4§16 --Northwest Arkansas antl
•u r x<.., .. z, .;.
WHEREAS; the'xost of the agreemeht to the`City for 2014 ezceetls $20,000.00
and; would,ptherwise require competdlve,-bidding �unle s the requirement`As
waived
NOW; THEREFORE BE"'IT ORDAINED BY THE CITY COUNCIL OF THE CITY' '
12,
O ..` AYrETTEVILL"-"-E; ARKANSAS vl ..
Section 1 That the Cid Counoll of the City of, Fayetteville Arkapsas ,Hereby ;::
determines anxcepfional situatiop ewstsrin which competitwe bidding is s
deemed notfeasible'or practical aniJatierefor`e waves the requi`rem@nl of fomaf'
competitive bidding and approves a Memorandum of'Understanding (mark etl as
Exhibit "A"'attached hereto and made a part'hereoo between the City:and the -
Northwest Arkansas'Regional,Plannim
ng Comission in the amount of $46,766.73 '
for,,, a; Stormwater-- Education _ Program to- be. provided by the University sof
Arkansas Cooperative' Extension Service to satisfy portions of the EPs P
A hase 11 1
Stormwater Regulations.' r
PASSED and APPROVED this 18th -day of March, 2014. z .-
AP„PROVED. , , ATTEST:
,
By x' By.
LIONED JORCAN Mayor SONDRA E SMITH City I”
as
Exhibits for this ordinance may be viewed I' the'o. Ioe of the City Clerk/Treasurer
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.