HomeMy WebLinkAboutOrdinance 5306 ORDINANCE NO. 5306
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH
THE MUNICIPAL SEPARATE STORM SEWER SYSTEMS JURISDICTIONS AND
THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE
AMOUNT OF $43,191.55 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 11 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 Municipal Separate Storm Sewer Systems Jurisdictions and the Northwest Arkansas
Regional Planning Commission in the amount of $43,191.55 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 16`"day of February, 2010.
APPROVED: ATTEST:
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LION {LD JORD ,Mayor SONDRA E. SMITH,City Clerk/ reasue ;FAY w�P
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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 I1 Stormwater Regulations; and
WHEREAS, the Arkansas Department of Environmental
Quality (ADEM), 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 1I 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
EXHIBIT
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 2 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 ,2010.
MS4 Jurisdiction
NWARPC
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/16/2010
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
$43,191.55 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.
$ 43,191.55 $ 665,460.11 Stormwater Quality Mgmt/Nutrient Reduct
Cost of this request Category/Project Budget Program Category/Project Name
4470.9470.5817.00 $ - Bridge&Drainage Improvements
Account Number Funds Used to Date Program/Project Category Name
02097 $ 665,460.11 Sales Tax Capital Improvement
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
�,h}�' Previous Ordinance or Resolution#
De� it or Date��
Original Contract Date:
10 Original Contract Number:
C torney Date
Finance and Internal Services Director Date Received in City ENTER 0
Clerk's Office
AL
Chief of St ff Date
9 Received in
Mayor's Office
D
Ma or ate
Comments:
Revised January 15,2009
lye THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKAN5�S
' P t
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: January 19, 2010
Subject: Approval of an ordinance waiving competitive bidding and approval of a one-year contract in the amount of
$43,191.55 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 2 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 $665,460.11 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
3-Year NWA Regional Urban Stormwater Education Program 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 $43,191.55 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 11 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 $43,191.55 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 16'x'day of February, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH,City Clerk/Treasurer
3-Year NWA Regional Urban Stormwater Education Program
University of Arkansas Cooperative Extension Service
Introduction
As the public education branch of the University of Arkansas,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 1990,
CES has established a reputation for effective agricultural and urban nonpoint pollution
prevention programs through USDA- and EPA-funded water quality education grants totaling
more than$2,789,000 for 12 projects in Benton, Carroll, Madison, and Washington Counties.
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"small"municipal separate storm sewer
systems(MS4s)that meet"urbanized area" criteria based on 2000 U.S. Census population data.
While these jurisdictions obtained separate NPDES permits, they jointly contracted with 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 Il permits:
#1)Public Education and Outreach
#2)Public Involvement and Participation
#6)Pollution Prevention and Good Housekee ing(training for municipal employees)
Program accomplishments to date are summarized in the attached file, `NWA Stormwater Ed
Overview.pdf.. Positive feedback from ADEQ and participating MS4s has led to CES and the
NWARPC partnering for an additional urban stormwater education program in support of the
MS4s' new 2009-2013 stormwater management permits.
As before, an urban stormwater education steering committee and the MS4 Focus Team will be
utilized to plan and assess regional urban stormwater outreach and education efforts. County
Extension Agents in Benton and Washington Counties will continue to collaborate with CES
Environmental and Natural Resource, Horticulture,Pest Management, and Public Policy state
faculty on educational materials development,civic programs,construction workshops and
municipal employee training. CES' Communication faculty will produce professional press
releases;radio PSAs,displays,brochures and fact sheets and local program Para-professionals
will be hired and trained to conduct school and outreach programs at fairs and community
events. Measurable program accomplishments will continue to be tracked and reported through
quarterly and annual reports that will be presented to the NWA Regional Planning Commission,
education steering committee,and MS4 focus group along with annual reports.for each
participating MS4 prior to the ADEQ annual reporting deadline.
It is understood that the MS4s may be restricted to one-year contracts to be renewed upon annual
budget approval from city councils,Quorum Courts, and the University. However, the following
plan of work and budget is based on a 3-year schedule.
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Tasks and Objectives
Task l: Input and Planning
Objective: Utilize a stormwater outreach/education steering committee and MS4 Focus Team to
identify informational needs and plan stormwater outreach, education and public participation
programs in urbanized areas of participating MS4s
Subtask 1.1 A geographically-based 23-member stormwater education steering committee
consists of membership weighted according to %urbanized area populatign:
MS4 Representatives %UA MS4 Representatives %UA
Fayetteville 4 30.4 Rogers 3 21.0
Springdale 3 25.7 Bentonville 2 10.8
U of A 1 2.1 Lowell 1 2.8
Farmington 1 1.9 Benton County 1 1.1
Johnson 1 1.3 Little Flock 1 0.9
Washington County 1 0.8 Bethel Heights 1 0.4
Elkins 1 0.4 Elm Springs 1 0.1
Greenland 1 0.3
Steering committee members represent diverse backgrounds/interests and include,
but are not limited to those affiliated with schools and/or youth programs,
regional businesses, civic organizations,Property Owner Associations (PDAs),
public officials(City Council,Planning Commission and Quorum Court
members), etc.. Committee member representatives will be suggested by MS4s.
Subtask 1.2 Committee input will be used to identify and plan 1) critical stormwater issues,2)
target audiences, 3)program methods and 4)public relations strategies.
Subtask 1.3 The committee will be convened at least once each year to review and evaluate
program accomplishments and plan next steps.
Projected Accomplishments and Measurable Goals-
- Stormwater education steering committee will be updated with 23 total members that include
representatives from all participating MS4s
-Committee will meet at least once each year
-#of potential audiences and stormwater education programs identified by committees
-#of public outreach, education and participation programs implemented based on education
committee input
Task 2:Educational Materials Development
Objective: Gather, adapt and/or develop stormwater fact sheets,brochures,posters and displays
for distribution in conjunction with public outreach campaigns and education programs
2
Subtask 2.1 Input from both the MS4 Focus Team and steering committee will guide the
emphases of printed educational materials. Once topics have been identified, fact
sheets will be developed, adapted, and/or gathered for distribution at public
meetings, in support of presentations, and with educational displays.
Subtask 2.2 Committee input will also be used to identify storm water topics to be developed
into press releases,radio PSAs and utility billing inserts to city residents.
Subtask 2.3 Displays highlighting these topics of emphasis will be created for libraries,banks,
schools, local festivals and county fairs.
Subtask 2.4 A regional stormwater webpage will explain urban stormwater runoff dynamics,
describe pollution prevention techniques, and list stormwater resource and contact
information. The website will be hosted by CES but linked to participating MS4
sites.
Projected Accomplishments and Measurable Goals:
-A minimum of 4 fact sheets,brochures and posters will be created
-A minimum of 3 utility billing inserts will be developed
-A minimum of 6 press releases and PSAs created and submitted to media outlets
-A minimum of 3 stormwater displays will be created
-A stormwater website will be maintained
Task 3: Public Outreach
Objective: Increase public awareness of stormwater dynamics,potential pollutant sources,
pathways to regional water resources and pollution prevention techniques
Subtask 3.1 Upcoming events,program successes and contact information will be promoted
through mass media sources.
Subtask 3.2 Stormwater displays will be set up at regional libraries, schools,banks and public
events as planned.
Subtask 3.3 Stormwater management and pollution prevention messages will be provided to
participating MS4s for inclusion in municipal utility bill mailings to their
residents.
Subtask 3.4 CES will include fertilization and nutrient management fact sheets or other
applicable information in with lawn and garden soil test result mailings for
residents of participating MS4s.
Subtask 3.5 Education committees will help determine potential locations(at parks and along
roads that cross urban streams)to install signs identifying waterways and their
watershed. Where available,CES will work through city and county sign shops
to create and install these outdoor,heavy-gauge aluminum signs. If a
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participating MS4 does not have internal sign-making capabilities, CES will work
with local businesses to create the creek signs,but the MS4 will be financially
responsible for paying for them.
Projected Accomplishments and Measurable Goals-
-Partnerships will be pursued with The Morning News, the Northwest Arkansas Times and the
Arkansas Democrat-Gazette,KFSM-5 News,KHOG Channel 29,KPOM/KFAA-TV,KUAF
91.3 FM and Cumulus Broadcasting and Clear Channel radio stations
-At least 12 stormwater-related articles will be published
-At least 6 different public service announcements will be repeated on radio and TV
-Displays will be used at a minimum of 12 locations and/or events
-#of people at an event who visited the display or took a pamphlet/booklet
-#of educational materials distributed
-#of stormwater inserts distributed with utility bills
#of landscaping and lawn care educational materials distributed with soil test results
-#of creek signs installed
Task 4: Public.Education
Objective: Increase urban resident's knowledge and understanding of stormwater dynamics and
incite individual BMP implementation to reduce stormwater pollution
Subtask 4.1 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 in schools will support the Arkansas State
Framework required science curriculum. Para-professionals will be hired and
trained to conduct stormwater education programs for schools in Bentonville,
Elkins, Farmington,Fayetteville, Greenland, Springdale and Rogers.
Subtask 4.2 Educational presentations will be given at civic meetings,POAs, annual Master
Gardener Training sessions,public libraries, etc.to illustrate stormwater
dynamics,identify potential pollutants and pathways, describe techniques to
reduce stormwater pollution and encourage voluntary BMP implementation
(including reduced homesite stormwater runoff,improved lawn and garden
management, automotive maintenance, and the proper use,handling and disposal
of household hazardous products).
Subtask 4.3 The Urban Home*A*Syst environmental risk self-assessment tool will be
promoted in conjunction with civic presentations,Master Gardener training, fact
sheets, displays, and the stormwater website.
Projected Accomplishments and Measurable Goals:
-At least 1,500 students will be reached through stormwater education programs
-A minimum of 6 educational presentations will be given each year to adult audiences
-#of classes and schools that participate in stormwater programs
4
-#of educational materials distributed to schools
-#of certificates given out for participation in stormwater education
-#of participants who indicate a change in attitude/behavior following presentations
-#of Urban Home*A*Syst environmental risk self-assessments conducted
Task 5: Public Participation
Objective: Multiply efforts to educate the public about the link between storm drain systems and
regional water quality,instill a sense of public ownership of watershed resources and provide
permanence for stormwater education programs
Subtask 5.1 Using a"Train-the-Trainer"process, stormwater and pollution prevention will be
included in the 40 hours of training for 45-50 new Benton and Washington
County Master Gardener. In turn,these Master Gardener volunteers will help
educate area residents about soil testing,matching fertilizer applications to plant
needs,integrated pest management,composting,native plants and rain gardens.
Subtask 5.2 Education committee members,Master Gardeners and other potential volunteers
will be utilized to staff stormwater displays at festivals, fairs and other events.
Subtask 5.3 Organizations including POAs, civic clubs,local Stream Teams,Extension
Homemakers, Master Gardeners and youth groups will be approached to stencil
storm drains with messages like"Do Not Dump,Drains Directly to River/Lake"
as community service projects.
Subtask 5.4 Similar citizen and youth groups will be encouraged to clean up/adopt local
creeks in conjunction with the Arkansas Game and Fish Commission's Stream
Team program.
Projected Accomplishments and Measurable Goals:
-A minimum of 60 Master Gardener volunteer hours will be spent on educating area residents
about proper fertilization,integrated pest management and backyard composting
-#of volunteer hours staffing displays at local fairs and festivals
-#of storm drain stenciling volunteers
-#of storm drains stenciled
-#of participants in Stream Team programs
Task 6: Municipal Employee Training
Objective: Equip municipal employees with a knowledge and understanding of how to reduce
the potential impact of their activities on stormwater quality
Subtask 6.1 Conduct training sessions for municipal employees on EPA's Phase II stormwater
management regulations for small MS4 jurisdictions.
5
Subtask 6.2 Conduct training sessions for municipal employees on Good Housekeeping BMPs
(including vehicle maintenance and washing, spill response, stream maintenance,
materials storage, and landscaping/turf management) as well as illicit discharge
detection and elimination.
Subtask 6.3 Conduct training sessions for municipal employees on construction site
regulations, SWPPPs, erosion and sediment control BMP selection,installation,
maintenance and inspections.
Projected Accomplishments and Measurable Goals:
-At least 60 municipal employees trained
-#of educational materials distributed to municipal employees
Task 7: Evaluation and Reporting
Objective: Evaluate program efforts,track measurable results and annually report the progress
of each subtask.
Subtask 7.1 Evaluation tools will be used to assess the impact of stormwater outreach and
education efforts including youth educational programs,public presentations,
Master Gardener trainings and the Urban Home*A*Syst self-assessment guide.
Subtask 7.2 Results of measurable.goals will be tracked quarterly and submitted to NWARPC
and committee members.
Subtask 7.3 . Annual reports will be compiled and submitted to each participating MS4 one
month prior to the ADEQ Phase II annual reporting deadline.
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