HomeMy WebLinkAbout191-09 RESOLUTIONRESOLUTION NO. 191-09
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN EPA REGION 6
WETLAND PROGRAM DEVELOPMENT GRANT IN THE AMOUNT OF
$234,000.00 FOR A STREAM RESTORATION DEMONSTRATION ON
NIOKASKA CREEK THROUGH SWEETBRIAR PARK AND OTHER
PROPERTIES; AND APPROVING A BUDGET ADJUSTMENT
RECOGNIZING THE GRANT REVENUE.
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 authorizes
acceptance of an EPA Region 6 Wetland Program Development Grant in the amount of
$234,000.00 for a stream restoration demonstration on Niokaska Creek through Sweetbriar Park
and other properties.
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment recognizing the grant revenue.
PASSED and APPROVED this 151 day of September, 2009.
APPROVED:
ATTEST:
By:tii(%
SO DRA E SMITH, City CIeTreasurer
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Carole Jones
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/1/2009
City Council Meeting Date
Agenda Items Only
Park Planning
Division
Action Required:
Parks and Recreation
Department
A resolution approving the acceptance of an EPA Region 6 Wetland Program Development Grant in the amount of
$234,000 for a stream restoration demonstration at Niokaska Creek through Sweetbriar Park and surrounding
properties and approving a budget adjustment to recognize the revenue (see attached memo).
35,880.00
42,210.00
Cost of this request
4470.9470.5817.00
4470.9470.5806.00
Account Number
02097.1
02015.1
Project Numbers
Budgeted Item
452,113.00
98,861.00
Category / Project Budget
104,414.40
Funds Used to Date
347,698.60
98,861.00
Remaining Balance
Budget Adjustment Attached
Drainage Studies/Ph. II Storm Water
Gordon Long/Red Oak Improvements
Program Category / Project Name
Sales Tax Capital Improvements
Sales Tax Capital Improvements
Program / Project Category Name
Sales Tax
Sales Tax
X
Fund Name
City Attorney
�
Finan and n emal Se ices Director Dat
1Y -o9
Date
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
1
Revised January 15, 2009
City Council, Meeting of September 1, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Direct
Jeremy Pate, Development Se ices Director g
From: Carole Jones, Park Planner
Date: August 14, 2009
RE: Resolution to Accept EPA Region 6 Wetland Program Development Grant
RECOMMENDATION
Parks and Recreation and Engineering staff are seeking City Council approval of a resolution to authorize
the city to accept $234,000 from the EPA Region 6 Wetland Program Development Grant program and
approval of a budget adjustment to recognize the revenue for a stream restoration demonstration at
Niokaska Creek through Sweetbriar Park and surrounding properties (see attached letter from EPA
Region 6).
BACKGROUND
Sweetbriar Park contains 4.05 acres and is located at 2645 E. Sweetbriar Drive. The park is situated in the
northeast quadrant of town east of Old Missouri Road and south of Joyce Boulevard.
Niokaska Creek, a tributary to Mud Creek, flows through Sweetbriar Park. The creek is located within the
Illinois River Watershed. The creek sections are incised and have several banks eroding into the park land
and surrounding residential yards which have resulted in vertical cut -banks (see attached site photos).
These banks contribute excessive sediment to the streams through lateral erosion. Bank erosion presents a
safety concern and leads to a lack of riparian canopy. Restoration is necessary to stabilize the creek and
prevent further erosion.
On April 21, 2009, the City Council passed Resolution Number 94-09 authorizing the Engineering
Division to apply for a grant from EPA Region 6 (see attached resolution).
DISCUSSION
The EPA Region 6 Wetland Program Development Grant is an annual grant, not a one-time stimulus
grant. The grant is for projects promoting research, training, demonstrations, and surveys relating to the
causes, effects, extent, prevention, reduction, and elimination of water pollution. The Watershed
Conservation Resource Center (WCRC) assisted city staff in the preparation of the grant application and
is listed as a sub -grantee. The WCRC is a non-profit organization that strives to protect, conserve, and
restore natural resources by utilizing the watershed approach, environmental outreach, and providing
planning and technical assistance to landowners, communities, and government. The principals of the
WCRC are Sandi J. Formica and Matthew A. Van Eps, P.E. Together they have over 30 years of
progressive environmental experience including stream stability assessment and restoration planning.
BUDGET IMPACT
The Environmental Protection Agency Region 6 will provide the City of Fayetteville $234,000 in grant
monies and the City of Fayetteville will provide $78,000 in cash. An additional $5,000 of in-kind match
will be generated through volunteer activities for a project total of $317,000. The city's match is funded
with sales tax funds.
Page 1 of 2
City Council Meeting of September 1, 2009
Agenda Item Number
The cost of the project matching will be divided between the two funding sources of the Engineering
Division and Parks and Recreation Department. Staff is requesting $35,880 from project number 02097.1
(Drainage Studies/Phase 11 Storm Water Management) and $42,210 from project number 02015.1
(Gordon Long/Red Oak Improvements) for a total request of $78,000. The cash match is divided between
the two funding sources based on the percentage of project that lies within the boundary of Sweetbriar
Park. Approximately 54% of the project is within the boundary of the park and approximately 46% is
outside the park boundary (see attached project site plan).
In the grant application request, staff requested $33,500 from each project number for a total request of
$67,000. The grant application request stated that budget specifics would be outlined upon grant award.
Staff is now requesting the total match of $78,000 in cash. The additional $11,000 will provide a
maintenance fund for the project. The grant requires three years of monitoring after construction is
completed. The maintenance fund will provide for items such as the removal of limbs which could
damage structures, the repair of structures after storm events and the care of revegetation areas.
Attachments*
Staff Review Form
Letter of Grant Awardfrom EPA Region 6
Site Photos
Resohaion No. 94-09
Project Site Plan
Budget Adjustment
Page 2 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN EPA
REGION 6 WETLAND PROGRAM DEVELOPMENT GRANT IN
THE AMOUNT OF $234,000.00 FOR A STREAM RESTORATION
DEMONSTRATION ON NIOKASKA CREEK THROUGH
SWEETBRIAR PARK AND OTHER PROPERTIES; AND
APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE
GRANT REVENUE.
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 authorizes acceptance of an EPA Region 6 Wetland Program
Development Grant in the amount of $234,000.00 for a stream restoration
demonstration on Niokaska Creek through Sweetbriar Park and other properties.
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a budget adjustment recognizing the grant revenue.
PASSED and APPROVED this 1st day of September, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 6
1445 ROSS AVENUE, SUITE 1200
DALLAS, TX 75202 2733
Ms. Sarah Wrede
Stormwater Engineer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72707
Dear Ms, Wrede:
JUL 217 2009
This is in regards to the fiscal year (FY) 2009 funding that has been made available
to the City of Fayetteville through the Region 6 Wetland Program Development Grants.
Proposals were submitted to our office in response to the March 2009, Region 6 Request
for Proposals. We want to congratulate you on the selection of your wetlands proposal.
The following project was selected for funding in the amount of $234,000.00 "Stream
Restoration Demonstration at Niokaka Creek in Sweetbriar Park".
As you may be aware, The City of Fayetteville must submit a complete application
package, a current Quality Management Plan and approvable work plans that describe the
work to be completed with the proposed funding. To locate the application forms, please
go to the following web address: https://www.epa.goviogd/AppKit/application.htm.
If you have any questions or would like to discuss this further, you may contact
me at 214-665-2259.
Sincerely yours,
Shurotl'D. Daugherty
Environmental Protection Specialist
Water Quality Protection Division
Rocyclod/Rocyclable • Printed with Vegetable OA Based Info on 100% Recycled Paper (40% Postconsumer)
RESOLUTION NO. 94-09
A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AN EPA
REGION 6 WETLAND PROGRAM DEVELOPMENT GRANT IN THE
AMOUNT OF $250,000.00 FOR A STREAM RESTORATION PROJECT
THROUGH S WEETBRIAR PARK AND SURROUNDING AREAS.
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 authorizes
the Mayor to apply for an EPA Region 6 Wetland Program Development Grant in the amount of
$250,000.00 for a stream restoration project through Svreetbriar Park and surrounding areas.
PASSED and APPROVED this 215t day of April, 2009.
APPROVED: ATTEST.
By:
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FAYE TEVILLE
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By: (piieU C e
SO D R 1
E. SMITH, City Clerk Treasurer
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2009
Department: Citywide
Division: Citywide
Program: Sales Tax Capital Improvements
Date Requested
8/12/2009
Adjustment Number
Project or Item Added/Increased:
Increase Conract Services in the amount of $124,000
and Professional Services in the amount of $1881000
for the stream restoration demonstration at Niokaska
Creek through Sweetbriar Park in the total amount of
$312,000
Project or Item Deleted/Reduced:
Decrease the Bridge and Dra nage Improvement in the
amount of $35,880 and Park mprovements in the
amount of $42,120. The remaining portion of the grant
will be reimbursable match in the amount of $234,000.
Justification of this Increase:
Approval of a resolution to authorize the city to accept
$2341000 from the EPA Region 6 Wetland Program
Development Grant program and approval of a budget
adjustment to recognize the revenue for a stream
restoration demonstration at Niokaska Creek through
Sweetbriar Park and surrounding properties submitted
to City Council on September 1, 2009.
Justification of this Decrease:
There are adequate funds in these projects to assist with
this project.
Account Name
Professional Services
Contract Services
Account Name
Increase Budget
Accoun Number
4470 9470 5314
4470 9470 5315
Decrease Budget
Account Number
Amount
00 188,000
00 124,000
Project Number
09025 0901
09025 0901
Amount Project Number
Bridge & Drainage Improve
Park Improvements
State Grants - Capital
4470
4470
4470
9470 5817
9470 5806
0947 4302
00
00
00
35,880 02097 1
42,120 02015 1
234,000 09025 0901
a -/y -o q.
Date
Date
Date
/3/a,
Date
Budget & Research Use Only
Type: A B
Requested By
General Ledger Date
Posted to General Ledger
Posted to Project Accounting
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1 INCH = 200 FEET
TOTAL PROJECT LENGTH =
APPROX. 1,600 FEET
PROJECT WITHIN PARK BOUNDARY =
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PROJECT OUTSIDE PARK BOUNDARY
APPROX. 740 FEET (46%)
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Niokaska Creek Stream Restoration
through Sweetbrier Park
Sarah Wrede
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
N/A
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
Request for Signature on Contract from EPA Region 6 Wetlands Program Grant for Niokaska Creek Stream
Restoration through Sweetbrier Park (see attached memo).
$
Cost of this request
4470.9470.5314.00
4470 9470 5315 00
Account Number
09025.0901
09025.0901
Project Numbers
Budgeted Item
X
$
188,000.00
124,000.00
Category / Project Budget
Funds Used to Date
188,000.00
124,000.00
Remaining Balance
Budget Adjustment Attached
Niokaska Creek Stream Restoration
through Sweetbrier Park
Program Category / Project Nome
Niokaska Creek Stream Restoratia
through Sweetbrier Park
Program / Project Category Name
Fund Name
Depa
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Date
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Date
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Finance and Internal Services Director
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number.
191-09
Received In
Mayor's Office
Comments:
•
Revised January 15, 2009
•
�a�ve..evi�le
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY MEMO
To: Mayor Lioneld Jordan
Thru:
Don Marr. Chief of Staff
Jeremy Pate, Director of Development Services
Chris Brown, City Engineer
From: Sarah Wrede, Staff Engineer
Date: January 4, 2010
Subject: Request for Signature on Contract from EPA Region 6 Wetlands Grant Program for
Niokaska Creek Stream Restoration through Sweetbriar Park
PROPOSAL:
On September 1, 2009, the City Council passed Resolution Number 191-09 authorizing Engineering and Parks
and Recreation to accept a $234,000 matching grant from the U.S. EPA Region 6 (see attached resolution).
RECOMMENDATION:
Engineering staff requests Mayor Jordan's signature on a contract from the U.S. EPA Region 6 Wetlands Grant
Program for the stream restoration of Niokaska Creek through Sweetbriar Park.
BUDGET IMPACT:
U.S. EPA Region 6 Wetlands Grant Program awarded the City of Fayetteville a total of $234,000 for the stream
restoration of Niokaska Creek through Sweetbriar Park.. This grant is a 75/25 matching grant, meaning the U.S.
EPA Region 6 will pay 75% of the expenses, up to $234,000. The City's snatch is accounted for in project
number 09025.0901, Niokaska Creek Stream Restoration Demohstration through Sweetbriar Park.
Attachments:
Resolution No. 191-09
U.S. EPA Region 6 Contract Agreement
Printer Friendly View Page 1 of 2
RESOLUTION NO. 191-09
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN EPA REGION 6
WETLAND PROGRAM DEVELOPMENT GRANT IN THE AMOUNT OF
$234,000.00 FOR A STREAM RESTORATION DEMONSTRATION ON
NIOKASKA CREEK THROUGH SWEETBRIAR PARK AND OTHER
PROPERTIES; AND APPROVING A BUDGET ADJUSTMENT
RECOGNIZING THE GRANT REVENUE.
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 authorizes
acceptance of an EPA Region 6 Wetland Program Development Grant in the amount o1
$234,000.00 for a stream restoration demonstration on Niokaska Creek through Swectbriar Park
and other properties.
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment recognizing the grant revenue.
PASSED and APPROVED this 1" day of September, 2009.
APPROVED:
By
ELD .JgjTt AN, Mayor
ATTEST:
By:
SONDRA E SMITH, City (2&k/Treasurer
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http://docs.accessfayetteville.org:81 /AppXtender/DocPrintFriendly.aspx?DataSource=AX&... 1/4/2010
AWARD NOTICE
RECE
DEC 2
CITY
I MAYOOF R
VED
2009'
EFTEVILLE
OFFICE
ATTENTION: EPA ASSISTANCE RECIPIENT
Enclosed are two copies of an assistance agreement or
amendment that have been electronically signed by EPA's
Award Official. This agreement should be properly
reviewed, signed and dated. Please have your designated
representative affirm your organization's intent to carry out
the agreement by completing the information under the
' Affirmation of Award" section of the award documents.
After making the affirmation, the designated representati e
must return one original, signed and dated award document
to U S EPA, Region 6, Grant Programs Section 6MD-CG,
1445 Ross Avenue, Dallas, TX 75202 within 21 days of
receipt in order for grant funds to be made available for
draw down.
Failure to return the original signed and dated affirmed
award document to EPA within 21 days may result in the
termination of your award. If you have:any questions,
please contact the EPA Grant Specialist named on the
assistance agreement/amendment.
•
CD - 00F08501 -
"0 a
A .
�cr
(1/41la
4 e
U.S ENVIRONMENTAL
PROTECTION
Cooperative Agreement
AGENCY
ASSISTANCE ID NO.
V
DATE OF AWARD
12/17/2009
PRG I DOC ID IAMEND#
CD - 00F08501 - 0
TYPE OF ACTIONMAILING
New
DATE
12/24/2009
PAYMENT METHOD:
ACH
ACH#
66890
RECIPIENT TYPE:
Township •
Send Payment Request to:
Las Vegas Finance Center
RECIPIENT:
PAYEE:
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
EIN: 71-6018462
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
PROJECT MANAGER
EPA
PROJECT OFFICER
EPA GRANT
SPECIALIST
Sarah Wrede
113 West Mountain Street
Fayetteville, AR 72701
E -Mail: swrede@d.fayetteville.ar.us
Phone: 479-575-8206
Sharon
1445
Dallas,
E
Phone:
Daugherty
Ross Avenue, Suite 1200, 6WQ-AT
TX 75202-2733
-Mail: Daughery.sharon@epa.gov
214-665-2259
Wendy Ross
Grant Programs Section, 6MD-CG
E -Mail: ross.wendy@epa.gov
Phone: 214-665-7471
PROJECT
Stream
The
design
TITLE AND DESCRIPTION
Restoration Demonstration at Niokaska Creek
City of Fayetteville in partnership with the Watershed
approach that includes the development of wetlands
Conservation Center
in Fayetteville, Arkansas
proposes to implement
an urban stream restoration using a natural channel
BUDGET PERIOD
12/01/2009 - 11/30/2013
PROJECT PERIOD
12/01/2009 -
11/30/2013
TOTAL BUDGET PERIOD COST
$317.000.00
TOTAL PROJECT PERIOD COST
$317,000.00
Based on your application dated 04/28/2009, including
Protection Agency (EPA), hereby awards $234,000. EPA
total federal funding of $234,000. Such award may be
by signing under the Affirmation of Award section and retuming
receipt, or any extension of time, as may be granted by
provisions are 40 CFR Chapter 1, Subchapter B, and alt
NOTICE OF
all modifications and amendments,
agrees to cost -share
terminated by EPA without
all pages of this
EPA. This agreement
terms and conditions
AWARD
the United
7382% of all approved
States acting by and through the US Environmental
budget period costs incurred, up to and not exceeding
the recipient fails to provide timely affirmation of the award
Grants Management Office listed below within 21 days after
EPA statutory provisions. The applicable regulatory
any attachments.
further cause if
agreement to the
is subject to applicable
of this agreement and
ISSUING OFFICE
(GRANTS MANAGEMENT
OFFICE)
AWARD APPROVAL
OFFICE
ORGANIZATION
/ ADDRESS
ORGANIZATION
I ADDRESS
Grant Programs Section, 6MD-CG
1445 Ross Avenue, Suite 1200
Dallas, TX 75202-2733
U.S. EPA, Region 6
Water Quality Protedtion Division
1445 Ross Avenue, Suite 1200 -
Dallas, TX 75202-2733
THE UNITED STATES
OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL
Digital signature applied by EPA Award Official
TYPED NAME AND TITLE
Hattie Brown, Chief Grant Programs Section
DATE
12/17/2009
AFFIRMATION
OF AWARD
BY AND ON BEHALF
OF THE
DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE
` _ /
I
TYPED NAME AND TITLE
Lioneld Jordan, Mayor
DATE
/ -- -ID
,�i70'+_---..
EPA Funding Information
CD - 00F08501 - 0 Page 2
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$
$ 234,000
$ 234,000
EPA In -Kind Amount
—
$
$
$
0
Unexpended Prior Year Balance
$
403607E
$
-
$ 0
Other Federal Funds
$
$
$ 0
Recipient Contribution
$
$
78,000
$ 78,000
State Contribution
$
$
$ 0
Local
Contribution
$
$
$ 0
Other Contribution
$
$ 5,000
$ 5,000
Allowable Project Cost
$ 0
$ 317,000
$ 317,000
Assistance Program (CFDA)
Statutory Authority
Regulatory
Authority
66.461 - Regional Wetlands Program
—Development Grants
Clean Water Act Sec 104(b)(3)
40 CFR PTS 31 & 35 SUBPT A
Object
Class
Site/Project
—
Fiscal
Site Name
Req No
FY
Approp.
Code
Budget
Organization
PRC
Object
Class
Site/Project
Cost
Organization
Obligation /
Deobligation
-
1006WA0006
10
EIC
061K
403607E
4153
-
-
234,000
234,000
•
•
CD - 00F08501 - 0 Page .3
Bud et Summary Page
Table
A - Object Class Category
(Non -construction)
Total Approved Allowable
Budget Period Cost
1. Personnel
$0
2. Fringe Benefits
$0
3. Travel
$0
4. Equipment
- $0
5. Supplies
$43,500
6. Contractual
$15,500
7. Construction
$0
8. Other
$258,000
9. Total Direct Charges
$317,000
10. Indirect Costs: Y. Base
SO
11. Total (Share: Recipient
26.18
% Federal 73.82 %.)
$317,000
12. Total Approved Assistance Amount
$234,000
13. Program Income
$0
14. Total EPA Amount Awarded This Action
$234,000
15. Total EPA Amount Awarded To Date
$234,000
•
CD -00F08501-0 Page 4
Administrative Conditions
This Assistance Agreement is awarded in accordance with the Federal Grants and Cooperative
Agreement Act of 1977. Areas of substantial EPA involvement, beyond the normal exercise of
performance evaluation and program review, have been detailed in specific output objectives
which resulted from negotiation between EPA and the recipient. These areas are included in the
application for this award and have become a part of this Agreement.
1. The recipient covenants and agrees that it will expeditiously initiate and timely complete the
project work for which assistance has been awarded under this Agreement, in accordance
with all applicable provisions of 40 CFR Chapter 1, Subchapter B. The recipient warrants,
represents, and agrees that it and all its contractors, employees and representatives, will
comply with all APPLICABLE provisions of 40 CFR Chapter 1, Subchapter B,
INCLUDING BUT NOT LIMITED TO the provisions of 40 CFR Parts 31, 32, 33, 34
and 35. This award may be reduced or terminated at such time the recipient fails to comply
with the program objectives, grant award conditions, or Federal reporting requirements.
2. Recipient standards of administration, property management, procurement and financial
management, as well as records and facilities of recipients, their contractors and
subcontractors are subject to audit and inspection by the Comptroller General of the United
States and the U.S. Environmental Protection Agency in accordance with Office of
Management and Budget (OMB) Circulars A-87, A-102, or A-110, as appropriate, A-133 and
40 CFR Part 31. The recipient's standards governing procurement will be in accordance with
40 CFR, Part 31.36, Part 33 and OMB Circular A-102. The recipient shall maintain a
financial management system which meets the requirements of 40 CFR Part 31.20.
3. The Federal share of allowable expenditures chargeable to this assistance project will be
financed by the EPA AUTOMATED CLEARING HOUSE (EPA-ACH) PAYMENT
SYSTEM or U.S. TREASURY AUTOMATED STANDARD APPLICATION FOR
PAYMENTS (ASAP) SYSTEM.
•
The recipient will strictly adhere to the accounting and reporting procedures described in the
EPA-ACH Recipient's Manual for the duration of the project. Three conditions should
receive special attention:
a. Cash drawdowns will be made only as actually needed for disbursements.
b. SPECIAL NOTE: When a drawdown under the EPA-ACH Payment System occurs, the
recipient must show the Assistance Agreement Number(s) under "Financial Data" on the
EPA-ACH Payment Request Form Requests for payment should be faxed to:
(702) 798-2423
Las Vegas Finance Center
Attention: Region 6 Financial Specialist
c. The recipient will impose the same standards of timing and reporting on secondary
recipients, if any.
4. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS
ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization of
Small, Minority and Women's Business Enterprises in procurement under assistance
agreements, contained in 40 CFR, Part 33.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee,
air share objectives for MBE and WBE (MBE/WBE) participation in procurement under
the financial assistance agreements.
Accepting the Fair Share Objectives/Goals of Another Recipient
The dollar amount of this assistance agreement is $250,000, or more; or the total dollar
amount of all of the recipient's non -TAG assistance agreements from EPA in the current
fiscal year is $250,000, or more. The recipient accepts the applicable MBE/WBE fair
share objectives/goals negotiated with EPA by the Arkansas Department of
Environmental Quality as follows:
MBE: CONSTRUCTION 2.97%; SUPPLIES 1.63%; SERVICES 1.74%;
EQUIPMENT 3.15%
WBE: CONSTRUCTION 2.59%; SUPPLIES 3.88%; SERVICES 6.21%;
EQUIPMENT 5.57%
By signing this financial assistance agreement, the recipient is accepting the fair share
objectives/goals stated above and attests to the fact that it is purchasing the same or
similar construction, supplies, services and equipment, in the same or similar relevant
geographic buying market as Arkansas Department of Environmental Quality.
Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404
The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals.
If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the
recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability
analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic
buying market for construction, services, supplies and equipment.
The submission of proposed fair share goals with the supporting analysis or disparity
study means that the recipient is not accepting the fair share objectives/goals of another
recipient. The recipient agrees to submit proposed fair share objectives/goals, together
with the supporting availability analysis or disparity study, to the Regional MBE/WBE
Coordinator within 120 days of its acceptance of the financial assistance award. EPA will
respond to the proposed fair share objective/goals within 30 days of receiving the
submission. If proposed fair share objective/goals are not received within the 120 day
time frame, the recipient may not expend its EPA funds for procurements until the
proposed fair share objective/goals are submitted.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith
efforts whenever procuring construction, equipment, services and supplies under an EPA
financial assistance agreement, and to require that sub -recipients, loan recipients, and prime
contractors also comply. Records documenting compliance with the six good faith efforts
shall be retained:
(a) Require DBEs are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and
Local and Government recipients, this will include placing DBEs on solicitation lists and
soliciting them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a .
way that encourages and facilitates participation by DBEs in the competitive process.
This includes, whenever possible, posting solicitations for bids or proposals for a
minimum of 30 calendar days before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this
will include dividing total requirements when economically feasible into smaller tasks or
quantities to permit maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one
of these fines to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development
Agency of the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the.
steps in paragraphs (a) through (e) of this section.
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE
Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements"
beginning with the Federal fiscal year reporting period the recipient receives the award,
and continuing until the project is completed. Only procurements with certified
MBE/WBEs are counted toward a recipient's MBE/WBE accomplishments. The
reports must be submitted annually for the period ending September 30th for:
40 CFR Part 30 Recipients (Non -profits and Institutions of Higher Education); and
40 CFR Part 35 Subpart A and Subpart B Recipients.
The reports are due within 30 days of the end of the annual reporting period
(October 306). Reports should be sent to Ms. Debora Bradford, Region 6 MBE/WBE
Coordinator. Final MBE/WBE reports must be submitted within 90 days after the
project period of the grant ends. Your grant cannot be officially closed without all
MBE/WBE reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's
Home Page on the Internet at www.epa.gov/osbp .
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR,
Section 33.302.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant,
agree to create and maintain a bidders list. Recipients of an EPA financial assistance
agreement to capitalize a revolving loan fund also agree to require entities receiving
identified loans to create and maintain a bidders list if the recipient of the loan is subject
to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section
33.501 (b) and (c) for specific requirements and exemptions
5. The recipient organization of this EPA assistance agreement must make an ongoing, good faith
effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR
36.200 - 36.230. Additionally, in accordance with these regulations, the recipient organization must
identify all known workplaces under its federal awards, and keep this information on file during the
performance of the award.
Those recipients who are individuals must comply with the drug-free provisions set forth in Title
40 CFR 36.300.
The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at
http://www.access.gpo.gov/nara/cfr/waisidx 06/40cfr36 06.html.
6. Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for
conferences meetings, conventions, or training seminars funded in whole or in part with federal funds complies with
the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients
may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is
in compliance (FEMA ID is currently not required); or to find other information about the Act.
7. The chief executive officer of this recipient agency shall ensure that no grant funds awarded under
this assistance agreement are used to engage in lobbying of the Federal Government or in litigation
against the United States unless authorized under existing law. The recipient shall abide by its respective
OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against
the United States or for lobbying or other political activities.
•
8. Management fees or similar charges in excess of the direct costs and approved indirect rates
are not allowable. The term "management fees or similar charges" refers to expenses added to
the direct costs in order to accumulate and reserve funds for ongoing business expenses,
unforeseen liabilities, or for other similar costs which are not allowable under this assistance
agreement. Management fees or similar charges may not be used to improve or expand the
project funded under this agreement, except to the extent authorized as a direct cost of carrying
out the scope of work.
9. In accordance with OMB Circular A-133, which implements the single Audit Act, the
recipient hereby agrees to obtain a single audit from an independent auditor if it expends
$500,000 or more in total Federal funds in any fiscal year. Within nine months after the end of a
recipient's fiscal year or 30 days after receiving the report from the auditor, the recipient shall
submit a copy of the SF -SAC and a Single Audit Report Package. For fiscal periods 2002 to
2007 recipients are to submit hardcopy to the following address:
Federal Audit Clearinghouse
1201 East 10th Street
Jeffersonville, IN 47132
For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF -SAC and a
Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry
System. Complete information on how to accomplish the 2008 and beyond Single Audit
Submissions you will need to visit the Federal Audit Clearinghouse Web site:
http://harvester.census.gov/fac/
10. In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423,
Strengthening Federal Environmental, Energy and Transportation Management (January 24,
2007), the recipient agrees to use recycled paper and double sided printing for all reports which
are prepared as a part of this agreement and delivered to EPA This requirement does not apply
to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on
recycled paper and are available through the General Services Administration.
11. National Term and Condition for Subawards
a. The recipient agrees to:
(1) Establish all subaward agreements in writing;
(2) Maintain primary responsibility for ensuring successful completion of the
EPA -approved project (this responsibility cannot be delegated or transferred to a
subrecipient);
(3) Ensure that any subawards comply with the standards in Section 210(a) -(d) of OMB
Circular A-133 and are not used to acquire commercial goods or services for the
recipient;
(4) Ensure that any subawards are awarded to eligible subrecipients and that proposed
subaward costs are necessary, reasonable, and allocable;
(5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying
activities;
(6) Monitor the performance of their recipients and ensure that they comply with all
•
applicable regulations, statutes, and terms and conditions which flow down in the
subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or international
organization, or a subaward to be performed in a foreign country; and
(8) Obtain approval from EPA for any new subaward work that is not outlined in the
approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
b. Any questions about subrecipient eligibility or other issues pertaining to subawards should be
addressed to the recipient's EPA Project Officer. Additional information regarding subawards
may be found at http://www.epa.gov/ogd/guide/subaward-policy-part-2.pdf. Guidance for
distinguishing between vendor and subrecipient relationships and ensuring compliance with
Section 210(a) -(d) of OMB Circular A-133 can be found at
http://www:epa.gov/ogd/guide/subawards-appendix-b.pdf and
http://www.whitehouse.gov/omb/circulars/a133/a133.html.
c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting
subaward competitions.
12. Recipients shall fully comply with Subpart C of 2 CFR Part 180 entitled, "Responsibilities of
Participants Regarding Transactions Doing Business With Other Persons," as implemented and
• supplemented by 2 CFR Part 1532. Recipient is responsible for ensuring that any lower tier covered
transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered Transactions," includes a
term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring
the inclusion of a similar term or condition in any subsequent lower tier covered transactions.
Recipient acknowledges that failing to disclose the information required under 2 CFR 180.335 may
result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including
suspension and debarment.
Recipients may access the Excluded Parties List System at http://www.epls.gov. This term and condition
supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other
Responsibility Matters."
13. To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as
amended, the following provisions apply to this award: .
a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Statement below
through conduct that is either: (a) associated with performance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)),
and (2) is in addition to all other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity
Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and
•
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is in
effect; or use forced labor in the performance of the award or subawards under the award.
14. Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a final Federal Financial
Report (SF -425) to EPA no later than 90 calendar days after the end of the project period. The form is
available on the Internet at http://www.era.uov/ocfo/tiinservices/forms.htm . All FFRs must be submitted
to the Las Vegas Finance Center: US EPA, LVFC, PO.Box 98515, Las Vegas, NV 89193, or by Fax to:
702-798-2423.
The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final
Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any
additional forms for the closeout of the assistance agreement.
EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not comply with
this term and condition.
15. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by
recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a
Level IV of the Executive Schedule (formerly GS -18), to be adjusted annually. This limit applies to
consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate.
As of January 1, 2009, the limit is $587.20 per day and $73.40 per hour. This rate does not include
transportation and subsistence costs for travel performed (the recipient will pay these in accordance with
their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
30 or 31, as applicable, are not affected by this limitation unless.the terms of the contract provide the
recipient with responsibility for the selection, direction, and control of the individuals who will be providing
services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.360) or 30.27(b)..
16. EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to
date as shown on line 15 in its EPA approved budget. If the recipient incurs costs in anticipation of
receiving additional funds from EPA, it does so at its own risk.
17. QUALITY MANAGEMENT PLAN :(QMP). The.recipient.will submit an update or
revision of the Quality Management Plan annually to the Region Quality Assurance Manager
(6MD) for approval, or a certification that the plan is current, and include a copy of the
recipient's new approval pages for the QMP.
18. QUALITY ASSURANCE PROJECT PLAN (QAPP) - Sixty days prior to the initiation of
any environmental measurements or data generation, the recipient shall submit to the EPA
Project Officer, for review and approval, a written Quality Assurance Project Plan (QAPP) for
this grant project. The QAPP shall comply with the guidelines specified in the document entitled
"EPA Requirements for Quality Assurance Project Plans for Environmental Data Operations",
EPA QA/R5. If any change is required after EPA approval, the recipient must notify the Project
Officer immediately and request approval for the change prior to implementation. At the end of
each Federal Fiscal Year, September 30, the grantee shall certify in writing to the EPA Project
Officer that the QAPP is current, and include a copy of the recipient's new approval pages for the
QAPP.
Any costs for environmental measurements or data generation incurred prior to approval of
the Quality Assurance Project Plan by the EPA Project Officer will be ineligible for
•
•
reimbursement.
ports must be submitted within 90 days after the project period of the grant ends. Your grant
cannot be officially closed without all MBE/WBE reports.
Programmatic Conditions
19. Project management and execution will be very closely monitored by EPA representatives throughout
the assistance agreement's project and budget periods. Effective implementation of the scope of work
involves a jointly supported strong ongoing collaboration between the recipient and EPA. Technical
assistance and coordination will be routine. EPA and the recipient will maintain a continuous dialogue for
the rapid identification, solution, and escalation of problems to top level managers. Quarterly/Semiannual
Reports will be submitted. In addition a QAPP will be develop specifically for this project no data will be
collected until QAPP is approved. Documents submitted for this project will not be accepted as
deliverables until EPA staff approves them. In addition, EPA representatives will be specifically
responsible for working with the recipient to achieve the following potential environmental results:
20. The recipient agrees to submit semi-annual progress reports to the EPA Project Officer for the
following time frames: October -March and April -September. The semi-annual reports are due to the
Region 30 days after the end of each semi-annual reporting period
21. Performance Reports must adequately address progress in achieving agreed-upon project/program
outputs and environmental outcomes.Projectmanagement and execution will be very closely monitored
by EPA representatives throughout the assistance agreement's project and budget periods. Effective
implementation of the scope of work involves a jointly supported strong ongoing collaboration between the
recipient and EPA. Technical assistance and coordination will be routine. EPA and the recipient will
maintain a continuous dialogue for the rapid identification, solution, and escalation of problems to top level
managers. Quarterly/Semiannual Reports will be submitted. In addition a QAPP will be develop
specifically for this project no data will be collected until QAPP is approved. Documents submitted for this
project will not be accepted as deliverables until EPA staff approves them. In addition, EPA
representatives will be specifically responsible for working with the recipient to achieve the following
potential environmental results:
- The recipient agrees to submit semi-annual progress reports to the EPA Project Officer for the following
time frames: October -March and April -September. The semi-annual reports are due to the Region 30
days after the end of each semi-annual reporting period -
- Performance Reports must adequately address progress in achieving agreed-upon project/program
outputs and environmental outcomes.
- Include standard QAPP grant condition.
Page 1 of 1
City Clerk - City of Fayetteville, AR Annual MBE/WBE Report fix WYPS pal -dl
•
From: Carole Jones
To: bradford.debora@epa.gov
Date: 10/12/2010 4:34 PM
Subject: City of Fayetteville, AR Annual MBE/WBE Report
CC: Bell, Peggy; Broyles, Lana; City Clerk;
Daugherty.Sharon@epamad.epa.gov; Formica, Sandi J ; Jumper, Alison;
Wrede, Sarah
Attachments: City of Fayetteville Annual MBE WBE report.10-12-10.pdf
Ms. Bradford,
Please find attached a copy of the annual MBE/WBE report for the City of Fayetteville,
Arkansas (EPA Assistance ID # CD -00F08501-0). There were no procurements and no
accomplishments made for this reporting period. Please feel free to contact us if you have
any questions or need additional information.
Regards,
Ms. Carole Jones, P.E.
Park Planner II
Fayetteville Parks & Recreation
113 West Mountain Street
Fayetteville, AR 72701
Phone (479) 444-3472
Fax (479) 521-7714
www.accessfayetteville.org
Join us for program announcements, updates, pictures and game cancellations at:
http: //twitte r. com/fayparksandrec
TDD (Telecommunications Device for the Deaf): (479) 521-1316
file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4CB48E24F... 10/13/2010
OMB CONTROL NO. 2090-0030
APPROVED: 05/01/2008
APPROVAL EXPIRES: 01/31/2011
U.S. ENVIRONMENTAL PROTECTION AGENCY
MBEIWBE UTILIZATION UNDER FEDERAL GRANTS, COOPERATIVE
AGREEMENTS, AND INTERAGENCY AGREEMENTS
PART 1.
(Reports
are required even if no
procurements are made during the reporting
period.)
1A. FEDERAL FISCAL YEAR
2010
1B. REPORTING PERIOD (Check ALL appropriate boxes)
0 1d (Oct -Dec) 0 2M (Jan -Mar) 0 3r° (Apr -Jun) ❑ 4th (Jul -Sep) X Annual
0 Check if this is the last report for the project (Project completed).
1C. REVISION OF A PRIOR REPORT? Y
or N NO
BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: N/A
Year:
Quarter:
2A. EPA FINANCIAL ASSISTANCE OFFICE ADDRESS
3A. RECIPIENT NAME AND ADDRESS
( ATTN: DBE Coordinator)
City of Fayetteville, Arkansas
U.S. Environmental Protection Agency, Region 6
113 West Mountain Street
1445 Ross Avenue Suite 1200
Fayetteville, AR 72701
Mail Code: 6MD
Dallas, TX 75202-2733
28 EPA DBE COORDINATOR
2C. PHONE:
3B. RECIPIENT REPORTING CONTACT:
3C. PHONE: (479) 444-3472
(214) 665-7406
Name: Ms. Debora Bradford
Name: Ms. Carole Jones
Fax: (479) 521-7714 .
Region 6 MBE/WBE Coordinator
Fax:
E-mail: cdjones@ci.fayetteville.ar.us
E-mail: bradford.debora@epa.gov
4A. FINANCIAL ASSISTANCE AGREEMENT ID NUMBER
48. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE or CFDA
(SRF State Recipients, refer to Instructions for Completion of blocks
NUMBER: 66.461 — Regional Wetlands Program Development Grants
4A, 5A and 5C.)
ID #: CD -00F08501-0
5A. TOTAL ASSISTANCE AGREEMENT AMOUNT
58. If NO procurement and NO accomplishments were made this reporting period, check and
(SRF Stale Recipients. refer to Instructions for Completion of blocks
skip to Block No. 7.
(Procurements are all expenditures through
contract, order, purchase,
4A, 5A and 5C.)
lease or barter of supplies,
equipment,
construction or services
needed to complete Federal
assistance programs.
Accomplishments
in this context, are procurements
made with MBEs
EPA Share: $ 234.000
and/or WBEs.
Recipient Share:
$ 83.000
5C. Total Procurement and MBEIWBE Accomplishments This Reporting Period
(Only include amount not reported in any prior reporting period)
Were sub -awards issued under this assistance agreement? Yes_ No
Were
contracts issued under this assistance agreement?
Yes_ No
Total Procurement Amount
$, (Include
total
_
dollar values
awarded by recipient, sub -recipients and SRF
_
loan recipients.)
Actual MBE/WBE Procurement
Accomplished:
(Include total dollar values awarded by recipient, sub -recipients, SRF loan recipients and Prime Contractors.)
Construction Equipment
Serviceg
Suppiieg Total
$MBE:
$WBE:
6. COMMENTS: (If no MBE/WBE procurements were accomplished during the reporting period, please explain what steps you are taking to achieve the
MBE/WBE Program requirements specified in the terms and conditions of the Assistance Agreement.)
7. NAME OF RECIPIENTS AUTHORIZED
TLE
M
Mr. Lionetd Jordan
Mayor, City of Fayetteville, AR
M
-11 -,...4,1 -11 -,REPRESENTATIVE '/ //
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8. SIGNATURE OF RECIPIENTS
DATE
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(67/1/0
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N/A
5. Type of
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(Enter Code)
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EPA FORM 5700-52A - (Approval Expires 01/31/11)
Sarah Wrede
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
N/A
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
Request for Signature on Access Stream Restoration and Maintenance Agreements with land owners for Niokaska
Creek Stream Restoration through Sweetbrier Park.
Cost of this request
4470.9470.5314.00
Account Number
09025.0901
Project Numbers
Budgeted Item
X
312,000.00
Category / Project Budget
192,200.00
Funds Used to Date
119,800.00
Remaining Balance
Budget Adjustment Attached
Niokaska Creek Stream Restoration
through Sweetbrier Park
Program Category / Project Name
Niokaska Creek Stream Restoration
through Sweetbriar Park
Program / Project Category Name
Niokaska Creek Stream Restoration
through Sweetbriar Park
Fund Name
Department Di ctor'
City Attomey
a
Finance and Internal Services Director
(j.m
Date
Previous Ordinance or Resolution # 191-09
S� Original Contract Date:
/2 —U — Zak) Original Contract Number:
Date
114.2ov
Date
/a -944,
Date
(446
Received in City2-08-1 OP03;05 RCVD
Clerk's Office
Received in
Mayor's Office
Comments:
Revised January 15, 2009
'Mttvile
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY MEMO
To: Mayor Lioneld Jordan
Thru:
Don Marr, Chief of Staff �Q
Jeremy Pate, Director of Development Services
Chris Brown, City Engineer Ce
From: Sarah Wrede, Staff Engineer
Date: December 6, 2010
Subject: Request for Signature on Access, Stream Restoration and Maintenance Agreements with
land owners for Niokaska Creek Stream Restoration through Sweetbriar Park
PROPOSAL:
On September 1, 2009, the City Council passed Resolution Number 191-09 authorizing Engineering and Parks
and Recreation to accept a $234,000 matching grant from the U.S. EPA Region 6 for a Stream Restoration
Project on Niokaska Creek through Sweetbriar Park.
The selected reach of Niokaska Creek flows through Sweetbriar Park and extends onto five other properties up
and downstream of the park. Agreements between the City of Fayetteville, WCRC and each of the land owners
are necessary to allow access, construction and maintenance of the project on the five private properties. City
Attorney, Kit Williams, developed the attached "Access, Stream Restoration and Maintenance Agreements".
Sandi Formica, with WCRC, and Sarah Wrede met with each land owner to explain the project and the
agreements. The meetings were met with a favorable response and each land owner has signed an agreement.
RECOMMENDATION:
Staff requests Mayor Jordan's signature on the "Access, Stream Restoration and Maintenance Agreements" for
the Stream Restoration Project on Niokaska Creek through Sweetbriar Park.
BUDGET IMPACT:
There is no impact on the budget for this request.
Attachments:
"Access, Stream Restoration and Maintenance Agreements" for:
Edward and Shirley Cooper , 2 copies
Frances Bailey and Mildred Winborn, 2 copies
Charles Alan Beauchamp
Roger Beam, 2 copies
James E. Lindsey