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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 "gpsmnrprr ff ;o. ',31:. • E :FAYETTEVILLE: -%ys'9RkANSP�J. 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: .Hrrrrenrpyr 45:06-tY fl .4 .cPa =U° FAYE TEVILLE s,90•gkANSP�JZ : 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 C V.090403 Initial Date Initial Date ro 0- O (d N •,_ > cri N C C c Q) a) L U 03 Q) O z ro O L, O (3 N *C- >4 C- >ro J cp a oO - cu U En, n3 92 ran • O z (O 3- (0 L ID C W 4 O no 4• J a) Ln U) a) O O O LL a) 03 Q 3- co • L C N O O O v � 4J O (1) v O a O O LL 0) U (O n D SWEETBRIAR SITE LOCATION VICINITY MAP NOT TO SCALE c� a D 0 200 400 1 INCH = 200 FEET TOTAL PROJECT LENGTH = APPROX. 1,600 FEET PROJECT WITHIN PARK BOUNDARY = APPROX. 860 FEET (54%) PROJECT OUTSIDE PARK BOUNDARY APPROX. 740 FEET (46%) Stream restoration 0 V J � 0 nO 0 7 0 remonstration Sweetbrier L a) U Q) 0) +' -4--' 0) 0 Li 4- 0 0 PROJECT SITE PLAN SHEET 1 OF 1 August 2009 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 S7 Pet I /7/gb Date I/g/ 0tO Date a... (-1?-2.010 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 G>, ;\Z Y • ;FAYETTEVI ys.9pkANS ti ., 'NG iiii3O�1 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 '/ // ...4,1 7 8. SIGNATURE OF RECIPIENTS DATE AUTHORIZED REPRESENTATIVE (67/1/0 O o Fe r • w C) 0. Oo ZLL O CC OU w I°' • E NZ Z LL y 0 w E o 5 OI • a z� w m 5 y N D N �a C O. c CO jL w O. mW 6. Name/Address/Phone Number of MBENVBE Contractor or Vendor N/A 5. Type of Product or Services (Enter Code) z O t - N co as V 4¢g Q z 3. $ Value of Procurement Z 2. Business Enterprise c d - O >. cc Z Q z 1. Procurement Made By Redolent Sub- Prime Recipient and/or SRF Loan Recipient Q z z N c pm m t 0 C C E wEw p 0 W o I I � W .0 W m E 0 to U_ ZtM`m c n M 'a) K Y s c en a m 0 0 m 4- m c a N as0 ci) m E 8 N m N 01 U Q 0 8 'e c c- c c m • r 1N O • c T., 4 O� N C 0 0• 8 P •Z•483 m ` c m m Ow 5 y N y > U p € m m rN Co HS N n rod a m d� H z0 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