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HomeMy WebLinkAboutOrdinance 5671ORDINANCE NO. 5671 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETI"fIVE BIDDING AND APPROVING AN AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY (U.S. DEPARTMENT OF THE INTERIOR) IN THE AMOUNT OF $21,528.00 FOR THE OPERATION AND MAINTENANCE OF THREE (3) URBAN STREAM GAUGING STATIONS IN THE CITY FOR CALENDAR YEAR 2014 WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding agreement with the U.S. Geological Survey (U.S. Department of the Interior) for the operation and maintenance of three urban stream gauging stations to record data concerning rainfall and runoff at Niokaska Creek in Gulley Park, College Branch at State Highway 62 and Town Branch Tributary in Walker Park; and WHEREAS, the information obtained provides urban rainfall and streamflow data for future drainage studies as well as provides information for the City's EPA Phase 2 NPDES stormwater monitoring requirements; 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 an agreement (marked as Exhibit "A" attached hereto and made a part hereof) between the City and the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2014. PASSED and APPROVED this 18th day of March, 2014. APPROVED: ATTEST: B, By: N D J ,Mayor Page 2 Ordinance No. 5671 SONDRA E. SMITH, City Clerk/����$ Y, / TRE Y moo a FAYETTEVILLE°�= �J (1o6 Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer #: AR026 (Oct. 2005) GEOLOGICAL SURVEY Agreement #: 14E4AR026AR0230 Project #: JOINT FUNDING AGREEMENT TIN #: 71-6018462 Fixed Cost Agreement YES FOR Water Resources Investigations THIS AGREEMENT is entered into as of the,14th day of February, 2014 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF FAYETTEVILLE, party of the second part. 1' The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation operation and maintenance of 3 rainfall -runoff stations located at Town Branch at Business Route 62, Town Branch Tributary at Highway 16, and Mud Creek at Township Street in the City of Fayetteville herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; an( 43 USC 50b. 2. The following amounts shall be contributed to coverall of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of (a) by the party of the first part during the period Amount Date to Date $5,802.00 January 1, 2014 December 31, 2014 (b) by the party of the second part during the period Amount Date to Date $21,528.00 January 1, 2014 December 31,2014 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic revie, by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the part of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner either party may terminate this agreement upon 60 days written notice to the other party. 9-1366 (Continuation) Customer #: AR026 Agreement #: 14E4AR026AR0230 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to tha for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement the cooperative relations between the parties. 9• USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI -1040). Billing documents are to be rendered annually. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will bi charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the dui date. (31 USC 3717; Comptroller General File B-2122221 August 23, 1983). U.S. Geological Survey CITY OF FAYETTEVILLE United States Department of the Interior USGS Point of Contact Customer Point of Contact Name: David A. Freiwald, Director Name: Lioneld Jordan, Mayor Address: USGS Arkansas Water Science Center Address: City of Fayetteville Telephone: (501) 228-3618 Telephone: (479) 575-8330 Email: freiwald@usgs.gov Email: mayor@ci.fayetteville.ar.us Signatures and Date Signature: ate: Signature: � v, Name: David A. Freiwald VName: Title: Director, USGS AR Water Science Center Title Mayor, City of Fayetteville Sarah Wrede Submitted By City of Fayetteville Item Review Form 2014-0107 Legistar File Number 3/18/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department A Contract with the U.S. Geological Survey in the amount of $21,528.00 for the operation and maintenance of 3 rainfall -runoff stations located at Niokaska Creek at Township, College Branch at Highway 62, and Town Branch Tributary at Highway 16 in the City of Fayetteville for the 2014 calendar year. Does this item have a cost? Yes $21,528.00 Cost of this request 4470.9470.5817.00 Account Number 02097 Project Number Budgeted Item? YeS Previous Ordinance or Resolution # Original Contract Number: Comm $419,235.22 Category or Project Budget $4,972.57 Funds Used to Date $392,734.65 Remaining Balance Budget Adjustment Attached? No Stormwater Quality and Nutrient Reduction Plan Program or Project Name Bridge & Drainage Improvements Program or Project Category Sales Tax Capital Improvement Fund Name ENTI:��il ZayjeeV*1 RKANSAS 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 to continue a joint funding agreement with the USGS for $21,528 (City's share) for the operation and maintenance of three urban stream gauging stations in Fayetteville for the year 2013. PROPOSAL: Since 1998, the City of Fayetteville has participated in a joint funding agreement with the U.S. Geological Survey (USGS) for three urban stream gauging stations. This agreement consists of a cost -share for maintenance and data collection for rainfall and runoff recording stations located at: Niokaska Creek at Township (in Gulley Park) College Branch at State Highway 62 Town Branch Tributary at State Highway 16 (in Walker Park) The attached agreement is for the 2014 calendar year, and requires payment of $21,528 by the City and $5,802 by the USGS. The USGS collects rainfall and runoff data at these three sites, and provides this information to the City. In addition to providing urban rainfall and streamflow data for future drainage studies, these gauges also provide valuable information for the EPA Phase 2 NPDES stormwater monitoring requirements. RECOMMENDATION: Staff recommends approval of the joint funding agreement for 2014. BUDGET IMPACT: Funding in the amount of $21,528 is available in the Stormwater Quality Management and Nutrient Reduction Plan Budget. This contract will be paid from those funds. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY (U.S. DEPARTMENT OF THE INTERIOR) IN THE AMOUNT OF $21,528.00 FOR THE OPERATION AND MAINTENANCE OF THREE (3) URBAN STREAM GAUGING STATIONS IN THE CITY FOR CALENDAR YEAR 2014 WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding agreement with the U.S. Geological Survey (U.S. Department of the Interior) for the operation and maintenance of three urban stream gauging stations to record data concerning rainfall and runoff at Niokaska Creek in Gulley Park, College Branch at State Highway 62 and Town Branch Tributary in Walker Park; and WHEREAS, the information obtained provides urban rainfall and streamflow data for future drainage studies as well as provides information for the City's EPA Phase 2 NPDES stormwater monitoring requirements; 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 an agreement (marked as Exhibit "A" attached hereto and made a part hereof) between the City and the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2014. Page 2 Ordinance No. PASSED and APPROVED this 18"' day of March, 2014. ATTEST: By: '0"" 'r 4','A SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE 1 E W SPAPER:S THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES LLC BENTON COUNTY DAILY RECORD4 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479-442-1700 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 £ City of Fayetteville - Ord. 5671 Was inserted in the Regular Editions on: March 27, 2014 Publication Charges: $103.76 t J Karen Caler Subscribed and sworn to before me This n day of , 2014. Gw� " Notary Public My Commission Expires: 11216 CATHY WILES Arkansas - Benton County Notary Public - Comm#E 12397118 My Commission Expires Feb 20, 2024 MAR 2 9 2014 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE **NOTE** Please do not pay from Affidavit. Invoice will be sent.