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HomeMy WebLinkAbout59-06 RESOLUTIONRESOLUTION NO. 59-06 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYE 1 TEVILLE AND THE BEAVER WATER DISTRICT FOR PROTECTION OF THE BEAVER LAKE WATERSHED. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an Agreement between the City of Fayetteville and the Beaver Water District for protection of the Beaver Lake watershed. A copy of the Agreement, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 21st day of March, 2006. -•••••••-- pr • llllllllllllllllllllll •`‘‘ \ o erc•clikif • 1->C° 901 Y OE° •c/Ii0.• • cri: ATTEST: :: 0 • ..., • ▪ xts = ; FAYETTEVILLE; E By: icat..etc..,.) Mak) 3; 1,' • it czonc..: 14vGtrai C?oN% SONDRA SMITH, City Clerk iiiiiiiiii ...... Agreement between Beaver Water District and the City of Fayetteville for the Protection of the Beaver Lake Watershed The City of Fayetteville (the City), and Beaver Water District (BWD) both recognize that protection of the region's water supply is of extreme importance to Northwest Arkansas. The purpose of this agreement is to achieve a net reduction of the load of Total Phosphorus (TP) into Beaver Lake. The City has for several years taken a proactive role in minimizing discharge of pollutants, especially phosphorus, into both the White and the Illinois Rivers. Because it is the sole source of drinking water for all of Northwest Arkansas, the City recognizes that the quality of water in this resource must be protected. Also recognizing the need to protect the source water for the region, BWD has implemented a proactive source water protection program emphasizing reduction of the load of nutrients and sediments into the Lake. Recognizing that there are both point sources and nonpoint sources within the watershed both parties agree that there are substantial opportunities to protect Beaver Lake through nonpoint source pollution reduction projects. The City of Fayetteville has proposed modifications to the Noland Wastewater Treatment Plant. These modifications will result in a doubling over time of the discharge of treated effluent into the White River, a tributary of Beaver Lake. Because of concerns over increases in nutrient loading into Beaver Lake the Arkansas Department of Environmental Quality has proposed a discharge limit for total phosphorus on the City's NPDES Permit of 0.5 mg/1, a reduction from the City's current limit of 1 mg/I. Recognizing that the City has a track record of maintaining the concentration of treated effluent below 0.5 mg/1 and that the more stringent limit of 0.5 mg/I would cause significant additional costs to the city, BWD and the City have proposed a series of actions that will allow the City to maintain its current NPDES discharge limit of 1 mg/I TP in exchange for the City conducting a program to reduce nonpoint source loadings of TP within the watershed. In essence, the agreement is based on the City's and BWD's commitment to show reductions of TP from nonpoint sources sufficient to offset the increased loading from the treatment plant allowed by the more liberal NPDES limit. In order to accomplish the stated objective, the following actions have been agreed to by both parties. • Both parties have agreed that the hiring of a nationally recognized consultant for the express purpose of preparing a nutrient reduction plan for the city will be the first task to be accomplished within 180 days of the effective date of this agreement. The nutrient reduction plan will evaluate sources of phosphorus within the Beaver Lake watershed and the City of Fayetteville including both pointand nonpoint sources. The plan will then identify actions that may be taken to reduce the TP load from nonpoint sources, the potential TP load reductions from those actions, and methods for documenting that the reduction is achieved through modeling or monitoring. Finally, the plan will evaluate the potential of " 7e7 in a je successfully meeting the stated goal of this agreement on watershed protection through nonpoint source TP management. The consultant contract will be the responsibility of the City. A representative of Beaver Water District will be appointed to serve on the City's selection committee for the consultant. • The City will optimize operation of the Noland Treatment Plant to achieve effluent discharge at or below 0.5 mg/I TP on an annual average. • The allowable annual load of TP discharged to the White River should be no more than 9.49 tons. • The allow load of TP from July 1 — October 31 of each year will be no more than 2.85 tons. • The average daily load of TP from July 1 — October 31 will be no more than 46.7 lbs. The maximum daily load of TP from the plant during the July 1 — October 31 period will be no more than 93.4 lbs (11.2 MGD*1mg/I*8.34 lbs/gal). • The City, in concert with its consultant, will review city codes and ordinances for opportunities to improve nonpoint source controls. Examples of revisions that may be possible are requiring dedication of FEMA floodway as riparian buffer easement, encouraging use of riparian areas in fulfillment of greenspace requirements, requiring storm -water treatment facilities, and requiring pervious pavement in critical areas. • The City will report monthly to BWD the discharged loads of TP from the Noland Treatment Plant. • The City initially agrees to use $200,000 per year for implementing nonpoint source reduction projects. This figure will be renegotiated after completion of the consultants report on potential actions and reductions. • No less than seventy-five percent of the funds expended toward this agreement will be new funding or existing funding modified to address nonpoint source TP reduction. "In-kind" contributions will not be counted toward the total, unless those contributions directly address nonpoint source TP reduction and are above and beyond cin -rent activities of the City. • Both parties are encouraged to seek other sources of funding to leverage the expenditures made in implementing this agreement. • BWD is currently expending in excess of $200,000 annually in its watershed protection program through watershed and in -lake monitoring and modeling, public awareness, information/education, land acquisition, and policy development. BWD will continue to fund its source water protection program at a minimum of the current level for the life of this agreement. • BWD will formally request the City create a stormwater management utility under existing state law. Said stormwater utility shall put in place a fee-based system that will be used as appropriate to fund projects to reduce nonpoint source pollution within the city. • BWD will continue to work with other jurisdictions within the Beaver Lake watershed with the intent of implementing a watershed wide comprehensive source water protection plan. The City and BWD will meet quarterly to review progress made by both parties in achieving the goals of this agreement. • Both parties recognize that, at certain times extreme environmental conditions will make it impossible to meet some or all of the agreements stipulated in the agreement. This agreement shall be in effect for a period of five years from the effective date of the agreement. While it is not the intent of this document to specify actions that are to be taken in fulfillment of the agreement, the following are examples ofprojects that may be undertaken: • • Secure developmental control of riparian buffers in the City along the White River and tributaries. Such control may be through conservation easements or fee simple ownership. • Restoration of degraded stream reaches within the City of Fayetteville area in the White River watershed. • Protection of native wetlands within the City of Fayetteville located within the White River watershed. • Upgrade storm -water facilities in existing developments with post development practices including storm -water retrofits and elimination of illicit discharges. • Require repair of failing septic systems or connection to publicly owned treatment works when legally accessible. • Sponsoring ?pup specific information/education programs for homeowners, commercial property owners, engineers, contractors, developers, builders, landscape contractors etc. on reduction of nonpoint source pollution with an emphasis on nutrient control. Dan ooldy: Dat Date it .. _ hadatnj 17 zoo& Mayr City of Fayette ' esident, Bea Plarr- er Distric ard Sondra Smith: David S ort: igilLoLlt1/4-) City' Clerk, City ofFayetteville Secretary, Beaver Water 5i,,K/TRtx;'),',/,, District Board Sc,N, -cy 0 •3 -CA, or.&A: 0 t 11•7,.,;%... . 13 o. E. : FAYETTEVILLE : El :)... ;•-.: ri: tte Allel Ca •A"...47 %lid' . • 2" if A ti 5:t ' ...)÷1 CUVG.TO IN i iiiiii mink ' CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Thru: Mayor Dan Coody Fayetteville Sewer Committee From: David Jurgens, Water and Wastewater Director Date: March 8, 2006 Subject: Approval of an agreement between the City of Fayetteville and Beaver Water District pertaining to protection of and nutrient reduction in the Beaver Lake Watershed. /2-6-5 3P/ City Council Meeting of March 21, 2006 Wsti-ur bOtte71 usr RECOMMENDATION Fayetteville City Administration recommends approval of an agreement between the City of Fayetteville and Beaver Water District (BWD) pertaining to protection of and nutrient reduction in the Beaver Lake Watershed. BACKGROUND Because it is the sole source of drinking water for all of Northwest Arkansas, the City and BWD recognize that protecting the water quality in Beaver Lake is extremely important. The purpose of this agreement is to achieve a net reduction of the load of Total Phosphorus (TP) into the Lake. The City has for several years taken a proactive role in minimizing the discharge of pollutants, especially phosphorus, into both the White and the Illinois Rivers. BWD has implemented a proactive source water protection program emphasizing reducing the nutrient and sediment loads. Recognizing that there are both point and nonpoint sources within the watershed, both parties agree that there are substantial opportunities to protect Beaver Lake through nonpoint source pollution reduction projects. DISCUSSION The modifications underway to the City's wastewater system could result, over time, in a doubling of the discharge of treated effluent into the White River. Due to concerns over the potential increases in nutrient loading into Beaver Lake, the Arkansas Department of Environmental Quality has proposed reducing the City's NPDES Permit discharge limit for TP from 1.0 to 0.5 mg/l. Recognizing the City has a track record of maintaining the concentration of treated effluent below 0.5 mg/I, and that the more stringent limit of 0.5 mg/1 would cause significant additional costs to the City while providing minimal benefits to water quality, this agreement proposes a series of actions that will allow the City to maintain its current NPDES discharge limit of 1 ing/I TP in exchange for partnering with BWD to reduce nonpoint sources of TP within the watershed. In essence, the agreement demonstrates the City's and BWD's commitment to show reductions of TP from nonpoint sources sufficient to offset the increased loading from the treatment plant allowed by the more liberal NPDES limit. BUDGET IMPACT The agreement commits the City to use $200,000 per year for implementing nonpoint source reduction projects, 75% of which will be new funding or existing funding modified to address nonpoint source TP reduction. Any expenditures under this agreement will be subject to the City's normal purchasing approval process. The first year's expenditures are recommended to be made under the WSIP budget; following years expenditures shall be included in the stonnwater program budget. 13WD Agreement CCMemoMat06.doe a RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE BEAVER WATER DISTRICT FOR PROTECTION OF THE BEAVER LAKE WATERSHED. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an Agreement between the City of Fayetteville and the Beaver Water District for protection of the Beaver Lake watersheltAopof the Agreement, marked Exhibit "A," is attached hereto and ruadraW PASSED and APPROVED this 215t day of March, APPROVED ATTEST. By: \AisartroDY, Mayor et, Cler Clarice Pearman - Beaver Water District Page 1 From: To: Date: Subject: Clarice Pearman Jurgens, David 3.24.06 2:04PM Beaver Water District David, I don't have a signed agreement from the Beaver Water District. Please let me know when I might expect one. Thanks. Clarice Agreement between Beaver Water District and the City of Fayetteville for the Protection of the Beaver Lake Watershed Yr‘ The City of Fayetteville (the City), and Beaver Water District (BWD) both recognize that protection of the region's water supply is of extreme importance to Northwest Arkansas. The purpose of this agreement is to achieve a net reduction of the load of Total Phosphorus (TP) into Beaver Lake. The City has for several years taken a proactive role in minimizing discharge of pollutants, especially phosphorus, into both the White and the Illinois Rivers. Because it is the sole source of drinking water for all of Northwest Arkansas, the City recognizes that the quality of water in this resource must be protected. Also recognizing the need to protect the source water for the region, BWD has implemented a proactive source water protection program emphasizing reduction of the load of nutrients and sediments into the Lake. Recognizing that there are both.point sources and nonpoint sources within the watershed both parties agree that there are substantial opportunities to protect Beaver Lake through nonpoint source pollution reduction projects The City of Fayetteville has proposed modifications to the Noland Wastewater Treatment Plant. These modifications will result in a doubling over time of the discharge of treated effluent into the White River, a tributary of Beaver Lake. Because of concerns over increases in nutrient loading into Beaver Lake the Arkansas Department of Environmental Quality has proposed a discharge limit for total phosphorus on the City's NPDES Permit of 0.5 mg/1, a reduction from the City's current limit of 1 mg/l. Recognizing that the City has a track record of maintaining the concentration of treated effluent below 0.5 mg/1 and that the more stringent limit of 0.5 mg/1 would cause significant additional costs to the city, BWD and the City have proposed a series of actions that will allow the City to maintain its current NPDES discharge limit of 1 mg/1 TP in exchange for the City conducting a program to reduce nonpoint source loadings of TP within the watershed. In essence, the agreement is based on the City's and BWD's commitment to show reductions of TP from nonpoint sources sufficient to offset the increased loading from the treatment plant allowed by the more liberal NPDES limit. In order to accomplish the stated objective, the following actions have been agreed to by both parties. • Both parties have agreed that the hiring of a nationally recognized consultant for the express purpose of preparing a nutrient reduction plan for the city will be the first task to be accomplished within 180 days of the effective date of this agreement. The nutrient reduction plan will evaluate sources of phosphorus within the Beaver Lake watershed and the City of Fayetteville including both point and nonpoint sources. The plan will then identify actions that may be taken to reduce the TP load from nonpoint sources, the potential TP load reductions from those actions, and methods for documenting that the reduction is achieved through modeling or monitoring. Finally, the plan will evaluate the potential of successfully meeting the stated goal of this agreement on watershed protection through nonpoint source TP management. The consultant contract will be the responsibility of the City. A representative of Beaver Water District will be appointed to serve on the City's selection committee for the consultant. • The City will optimize operation of the Noland Treatment Plant to achieve effluent discharge at or below 0.5 mg/1 TP on an annual average. • The allowable annual load of TP discharged to the White River should be no more than 9.13 tons. • The allow load of TP from July I — October 31 of each year will be no more than 2.85 tons. • The average daily load of TP from July 1 — October 31 will be no more than 46.7 lbs. The maximum daily load of TP from the plant during the July 1 — October 31 period will be no more than 93.4 lbs (11.2 MGD*1mg/1*8.34 lbs/gal). • The City, in concert with its consultant, will review city codes and ordinances for opportunities to improve nonpoint source controls. Examples of revisions that may be possible are requiring dedication of FEMA floodway as riparian buffer easement, encouraging use of riparian areas in fulfillment of greenspace requirements, requiring storm -water treatment facilities, and requiring pervious pavement in critical areas. • The City will report monthly to BWD the discharged loads of TP from the Noland Treatment Plant. • The City initially agrees to use $200,000 per year for implementing nonpoint source reduction projects. This figure will be renegotiated after completion of the consultants report on potential actions and reductions. • No less than seventy-five percent of the funds expended toward this agreement will be new furiding or existing funding modified to address nonpoint source TP reduction "In-kind" contributions will not be counted toward the total, unless those contributions directly address nonpoint source TP reduction and are above and beyond current activities of the City. • Both parties are encouraged to seek other sources of funding to leverage the expenditures made in implementing this agreement. • BWD is currently expending in excess of $200,000 annually in its watershed protection program through watershed and in -lake monitoring and modeling, public awareness, information/education, land acquisition, and policy development. BWD will continue to fund its source water protection program at a minimum of the current level for the life of this agreement. • BWD will formally request the City create a stormwater management utility under existing state law. Said stormwater utility shall put in place a fee-based system that will be used as appropriate to fund projects to reduce nonpoint source pollution within the city. • BWD will continue to work with other jurisdictions within the Beaver Lake watershed with the intent of implementing a watershed wide comprehensive source water protection plan. The City and BWD will meet quarterly to review progress made by both parties in achieving the goals of this agreement. Both parties recognize that, at certain times extreme environmental conditions will make it impossible to meet some or all of the agreements stipulated in the agreement. This agreement shall be in effect for a period of five years from the effective date of the agreement. While it is not the intent of this document to specify actions that are to be taken in fulfillment of the agreement, the following are examples of projects that may be undertaken. • Secure developmental control of riparian buffers in the City along the White River and tributaries. Such control may be through conservation easements or fee simple ownership. • Restoration of degraded stream reaches within the City of Fayetteville area in the White River watershed. • Protection of native wetlands within the City of Fayetteville located within the White River watershed. • Upgrade storm -water facilities in existing developments with post development practices including storm -water retrofits and elimination of illicit discharges. • Require repair of failing septic systems or connection to publicly owned treatment works when legally accessible. • Sponsoring group specific information/education programs for homeowners, commercial property owners, engineers, contractors, developers, builders, landscape contractors etc. on reduction of nonpoint source pollution with an emphasis on nutrient control. Dan Coody: Date John Lewis: Date Mayor, City of Fayetteville President, Beaver Water District Board Sondra Smith: David Short: City Clerk, City of Fayetteville Secretary, Beaver Water District Board Agreement between Beaver Water District and the City of Fayetteville for the Protection of the Beaver Lake Watershed The City of Fayetteville (the City), and Beaver Water District (BWD) both recognize that protection of the region's water supply is of extreme importance to Northwest Arkansas. The purpose of this agreement is to achieve a net reduction of the load of Total Phosphorus (TP) into Beaver Lake. The City has for several years taken a proactive role in minimizing discharge of pollutants, especially phosphorus, into both the White and the Illinois Rivers. Because it is the sole source of drinking water for all of Northwest Arkansas, the City recognizes that the quality of water in this resource must be protected. Also recognizing the need to protect the source water for the region, BWD has implemented a proactive source water protection program emphasizing reduction of the load of nutrients and sediments into the Lake. Recognizing that there are both point sources and nonpoint sources within the watershed both parties agree that there are substantial opportunities to protect Beaver Lake through nonpoint source pollution redtiction projects. The City of Fayetteville has proposed modifications to the Noland Wastewater Treatment Plant. These modifications will result in a doubling over time of the discharge of treated effluent into the White River, a tributary of Beaver Lake. Because of concerns over increases in nutrient loading into Beaver Lake the Arkansas Department of Environmental Quality has proposed a discharge limit for total phosphorus on the City's NPDES Permit Of 0.5 mg/1, a reduction from the City's current limit of 1 mg/l. Recognizing that the City has a track record of maintaining the concentration of treated effluent below 0.5 mg/1 and that the more stringent limit of 0.5 mg/1 would cause significant additional costs to the city, BWD and the City have proposed a series of actions that will allow the City to maintain its current NPDES discharge limit of 1 mg/1 TP in exchange for the City conducting a program to reduce nonpoint source loadings of TP within the watershed. In essence, the agreement is based on the City's and BWD's commitment to show reductions of TP from nonpoint sources sufficient to offset the increased loading from the treatment plant allowed by the more liberal NPDES limit. In order to accomplish the stated objective, the following actions have been agreed to by both parties. • Both parties have agreed that the hiring of a nationally recognized consultant for the express purpose of preparing a nutrient reduction plan for the city will be the first task to be accomplished within 180 days of the effective date of this agreement. The nutrient reduction plan will evaluate sources of phosphorus within the Beaver Lake watershed and the City of Fayetteville including both point and nonpoint sources. The plan will then identify actions that may be taken to reduce the TP load from nonpoint sources, the potential TP load reductions from those actions, and methods for documenting that the reduction is achieved through modeling or monitoring. Finally, the plan will evaluate the potential of • successfully meeting the stated goal of this agreement on watershed protection through nonpoint source TP management. The consultant contract will be the responsibility of the City. A representative of Beaver Water District will be appointed to serve on the City's selection committee for the consultant. • The City will optimize operation of the Noland Treatment Plant to achieve effluent discharge at or below 0.5 mg/1TP on an annual average. • The allowable annual load of TP discharged to the White River should be no more than 9.49 tons. • The allow load of TP from July 1 — October 31 of each year will be no more than 2.85 tons. • The average daily load of TP from July 1 — October 31 will be no more than 46.7 lbs. The maximum daily load of TP from the plant during the July 1 — October 31 period will be no more than 93.4 lbs (11.2 MGD*Img/I*8.34 lbs/gal). • The City, in concert with its consultant, will review city codes and ordinances for opportunities to improve nonpoint source controls. Examples of revisions that may be possible are requiring dedication of FEMA floodway as riparian buffer easement, encouraging use of riparian areas in fulfillment of greenspace requirements, requiring storm -water treatment facilities, and requiring pervious pavement in critical areas. • The City will report monthly to BWD the discharged loads of TP from the Noland Treatment Plant. • The City initially agrees to use $200,000 per year for implementing nonpoint source reduction projects. This figure will be renegotiated after completion of the consultants report on potential actions and reductions. • No less than seventy-five percent of the funds expended toward this agreement will be new funding or existing fimding modified to address nonpoint source TP reduction. "In-kind" contributions will not be counted toward the total, unless those contributions directly address nonpoint source TP reduction and are above and beyond current activities of the City. • Both parties are encouraged to seek other sources of fiinding to leverage the expenditures made in implementing this agreement. • BWD is currently expending in excess of $200,000 annually in its watershed protection program through watershed and in -lake monitoring and modeling, public awareness, information/education, land acquisition, and policy development. BWD will continue to fund its source water protection program at a minimum of the current level for the life of this agreement. • BWD will formally request the City create a stormwater management utility under existing state law. Said stormwater utility shall put in place a fee-based system that will be used as appropriate to fund projects to reduce nonpoint source pollution within the city. • BWD will continue to work with other jurisdictions within the Beaver Lake watershed with the intent of implementing a watershed wide comprehensive source water protection plan. The City and BWD will meet quarterly to review progress made by both parties in achieving the goals of this agreement. A.5 • Both parties recognize that, at certain times extreme environmental conditions will make it impossible to meet some or all of the agreements stipulated in the agreement. This agreement shall be in effect for a period of five years from the effective date of the agreement. While it is not the intent of this document to specify actions that are to be taken in fulfillment of the agreement, the following are examples of projects that may be undertaken: • Secure developmental control of riparian buffers in the City along the White River and tributaries. Such control may be through conservation easements or fee simple ownership. • Restoration of degraded stream reaches within the City of Fayetteville area in the White River watershed. • Protection of native wetlands within the City of Fayetteville located within the White River watershed. • Upgrade storm -water facilities in existing developments with post development practices including storm -water retrofits and elimination of illicit discharges. • Require repair of failing septic systems or connection to publicly owned treatment works when legally accessible. • Sponsoring group specific information/education programs for homeowners, commercial property owners, engineers, contractors, developers, builders, landscape contractors etc. on reduction of nonpoint source pollution with an emphasis on nutrient control. Dan C ody: Ma or, City of Fayett Sondra Smith: City Clerk, City of Fayetteville lt0 .• a I """ c'ISCItCs \ 0 ° • „ • 0" le %cps • -s) 1 3 • ... •F AY ET T EV IL LE • naesS dit;t‘A/GTON C;';'S Date 72,/04 • den strict Boa David Short: er 3/406 Secretary, Beaver Water District Board Date 5 7 zo06 David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items Or Contracts 21 -Mar -06 City Council Meeting Date Water/Wastewater Division Action Required: WaterNVastewater Department Approval of an agreement between the City of Fayetteville and Beaver Water District pertaining to protection of and nutrient reduction in the Beaver Lake Watershed. $200,000.00 Cost of this request 4480-9480-5315.00 Account Number 02133-0001 Project Number Budgeted Item XX 105,920,694.00 Category/Project Budget . 101,151,046.20 Funds Used to Date 4,769,647.80 Remaining Balance Budget Adjustment Attached Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name • Depa ent ector / City At orney Finance and Internal Service Director 's / Mayor Comments: • Previous Ordinance or Resolution /1 ilta- 06 Date Original Contract Date: Original Contract Number: '110 1 (1•/04 a e Date Ron Petrie Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts • N/A Mayors Approval City Council Meeting Date Engineering Division Action Required: ed& /tic' I Di Alat6 as 6,6186)67d • Operations Department A Contract with the U.S. Geological Survey in the amount of $19,640.00 for the 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 for the 2009 calendar year. $19,640.00 Cost of this request 4470-9470-5817.00 Account Number 02097 708,731 Drainage/Phase 2 Stormwater Mgmt Category / Project Budget Program Category / Project Name 230,820 Bridge and Drainage Improvements Funds Used to Date Program / Project Category Name 477,911 Capital Improvement Const Project Number Remaining Balance Budgeted Item XX Budget Adjustment Attached Fund Name Department Di ector 12- 220 sPrevious Ordinance or Resolution # 59-06 Date Original Contract Date: 2-loJogr- City Attorney ‘fit.st 0, et..3„ Finance and Internal Service Director Date Original Contract Number: Date 1 1.-23-11? Mayor /2-h3A4&, Orate N/A N/A Received in City Clerk's Office 101-015081}9 Let% 1 Comments: tie rely le ARKANSAS City of Fayetteville Engineering Division 113 West Mountain Fayetteville, AR. 72701 ph: 479-575-8206 fax: 479-575-8202 Date: December 22, 2008 To: Dan Coody, Mayor Thru: Gary Dumas, Director of Operations From: Ron Petrie, City Engineer Ce Subject: Request for Mayor's approval to continue the joint funding agreement with the USGS for $19,640 (City's share) for the operation and maintenance of three urban stream gauging stations in Fayetteville for the year 2009. RECOMMENDATION: Staff recommends approval of the joint funding agreement for 2009. BACKGROUND: Since 1998, the City of Fayetteville has participated in a joint funding agreement with the USGS for three urban stream gauging Mations. This agreement consists of a cost -share for maintenance and data collection for rainfall and runoff recording stations located at: Mud Creek Tributary at Township (in Gulley Park) Town Branch at State Highway 62 Town Branch at State Highway 16 (in Walker Park) DISCUSSION: The attached agreement is for the 2009 calendar year, and requires payment of $19,640 by the City and $7,705 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 stonnwater monitoring requirements. BUDGET IMPACT: Funding in the amount of $19,640 is available in the Drainage/Phase 2 Stonnwater Management Budget. This contract will be paid from those funds. ATTACHMENTS: Staff Review Form Letter from USGS dated 12-11-2008 USGS Joint Funding Agreement • United States Dep.' talent of the Interior Mr. Ron Petrie, City Engineer City of Fayetteville 125 West Mountain Fayetteville, Arkansas 72701 (479) 575-8206 Dear Mr. Petrie: U.S. GEOLOGICAL SURVEY Arkansas Water Science Center 401 Hardin Road Little Rock, Arkansas 72211 Telephone: (501) 228-3600 Fax: (501) 228-3601 DUNS: 949284129 December 11, 2008 Enclosed is a Joint Funding Agreement (JFA) for 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 for the 2009 calendar year. Please sign the original agreement and return it to us Work performed with funds from this agreement will be conducted on a fixed-price basis and billed annually. We acknowledge Mary Alice, (479) 575-8206, to be the administrative contact for this project. Our billing contact is Suzanne Abernathy (501) 228-3603. The results of all work under this agreement will be available for publication by the U S Geological Survey. We look forward to continuing to work with you in these hydrologic data -collection efforts. If you have any questions, please contact Jaysson Funkhouser at (501) 228-3663. Enclosures JEF:rkc Sincerely, c John E Terry Director •(,,11n`ti • r ,r. ' Y. • • 1. r Form 9-1366 (Oct. 2006) U.S Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations THIS AGREEMENT is entered into as of the 11th day of December, 2008, 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 for operation and maintenance of 3 rainfall -runoff stations located at Town Branch at Busdiness 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; and 43 USC 50b. 2. The following amounts shall be contributed to cover all 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 $. Customer ft: Agreement 0: Project #: 11N#: Axed Cost Agreement Page 1 of 2 AR026 09C4AR026AR0300 71-6018462 IT Yes IT No by the party of the first part during the period (a) $7,705 January 1,2009 to December 31, 2009 by the party of the second part during the period (b) $19,640 January 112009 to December 31, 2009 (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 perforrnance 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 goveming each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review 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 party 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. 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.