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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. Y°0,� SG ®% d ° G ° =_O0 FAYETTEVILLE per C -D o 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.