HomeMy WebLinkAboutORDINANCE 6152113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6152
File Number: 2019-0057
U.S. GEOLOGICAL SURVEY:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
AUTHORIZE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR
STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND
MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2019 WITH THE
AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00
WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding agreement with the
U.S. Geological Survey for the operation and maintenance of urban stream gauging stations to record
data concerning rainfall and runoff; and
WHEREAS, in 2015, the City modified its agreement with the USGS to begin monitoring major
pollutants at Town Branch and Mud Creek and the City will continue this monitoring to provide more
accurate information regarding the pollutants leaving the City at these points; and
WHEREAS, the proposed 2019 program would remain unchanged from 2018; and
WHEREAS, the USGS, which purchased and installed the monitoring equipment at no cost to the City,
provides these services at a cost much lower than the City could receive from any other provider.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore
waives the requirements of formal competitive bidding and approves a joint funding agreement, a copy of
which is attached to this Ordinance and made a part hereof, between the City of Fayetteville and the
U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and
monitoring at various locations in the City of Fayetteville in 2019 with the amount paid by the City of
Fayetteville not to exceed $61,721.00.
Page 1 Printed on 217119
Ordinance Number: 6152
File Number 2019-0057
PASSED and APPROVED on 2/5/2019
Attest:
Lisa Branson, Deputy Civ�PTFk,,.,,
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�•.'\T Y 0X,9sG
�AYETTEVILLES
to
Page 2 Printed on 217119
City of Fayetteville, Arkansas
Text File
File Number: 2019-0057
Agenda Date: 2/5/2019 Version: 1
In Control: City Council Meeting
Agenda Number: D. 10
U.S. GEOLOGICAL SURVEY:
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Passed
File Type: Ordinance
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
AUTHORIZE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR
STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND
MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2019 WITH THE
AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00
WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding agreement with the U.S.
Geological Survey for the operation and maintenance of urban stream gauging stations to record data
concerning rainfall and runoff; and
WHEREAS, in 2015, the City modified its agreement with the USGS to begin monitoring major pollutants at
Town Branch and Mud Creek and the City will continue this monitoring to provide more accurate information
regarding the pollutants leaving the City at these points; and
WHEREAS, the proposed 2019 program would remain unchanged from 2018; and
WHEREAS, the USGS, which purchased and installed the monitoring equipment at no cost to the City,
provides these services at a cost much lower than the City could receive from any other provider.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and approves a joint funding agreement, a copy of which is attached
to this Ordinance and made a part hereof, between the City of Fayetteville and the U.S. Geological Survey for
stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the
City of Fayetteville in 2019 with the amount paid by the City of Fayetteville not to exceed $61,721.00.
City of Fayetteville, Arkansas Page 1 Printed on 21712019
City of Fayetteville Staff Review Form
2019-0057
Legistar File ID
2/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 1/17/2019 ENGINEERING (621)
Submitted By Submitted Date
Action Recommendation:
Division / Department
Approval of the 2019 USGS joint funding agreement in the amount of $61,721.00 (City's share) for stream gauge
operation and maintenance as well as water quality sampling and monitoring for various locations within the City
of Fayetteville.
Budget Impact:
4470.621.8810-5314.00 and 5400.730.5800-
5314.00
Account Number
02097.1 and 10027.1001
4470 -Sales Tax Capital Improvement 5400 -
Water and Sewer
Fund
Stormwater Quality Management and
Wastewater Treatment/Water Quality
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
$
504,912.00
$
143,259.90
361,652.10
$
61,721.00
299,931.10
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 5, 2019
TO: , Mayor and City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: January 17, 2019
STAFF MEMO
SUBJECT: Approval of the 2019 USGS joint funding agreement in the amount of
$61,721.00 (City's share) for stream gauge operation and maintenance as well as water
quality sampling and monitoring for various locations within the City of Fayetteville
RECOMMENDATION:
Staff Recommends approval of the 2019 USGS joint funding agreement in the amount of
$61,721.00 (City's share) for stream gauge operation and maintenance as well as water quality
sampling and monitoring for various locations within the City of Fayetteville.
BACKGROUND:
In 2015 the City of Fayetteville modified its contract with USGS to begin monitoring both flow
and major pollutants at two location on major outfalls from the City, Town Branch and Mud
Creek . This data is being gathered continuously and through sampling at various times in order
to more closely model the pollutant concentrations in these streams. This combined with the
flow data will give accurate information on the total amount of the various constituents being
measured leaving the City at these points. The information produced by the gauges can be
viewed on the USGS website by following:
Town Branch: http:IJwaterdata.usgs.gov/usa/nwis/uv?07048495
Mud Creek: http_/Iwaterdata.usgs.gov/ar/nwis/uv?site no=071948095
In 2015 the City of Fayetteville contributed $61,721 to the stream gauge program and the USGS
contributing $10,000 in funds as well as providing and installing the equipment at no charge to
the City. The 2016 program was approved at the same funding levels and scope of work as
2015 and modified slightly in 2017 in order to stay within budget. The program remained
unchanged from 2017 in the 2018 agreement.
DISCUSSION:
The proposed program would remain unchanged from 2018. The proposed program would
again include a continuous monitor stream gauge with sampling and determination of various
pollutant concentrations at two locations within the City of Fayetteville. These locations would
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
track continuous information regarding flow, turbidity, temperature and conductance. The
sampling at these locations would provide a mechanism in which these constituents could be
related to other pollutants such as total suspended solids (TSS) essentially providing relatively
accurate continuous pollutant loading information.
The first station is located on Town Branch near Armstrong Ave and monitors a largely
developed area that discharges into the West Fork of the White River which currently has Total
Maximum Daily Load (TMDL) defined by ADE=Q for turbidity. Monitoring just upstream of the
West Fork allows the City to determine Fayetteville's contribution to this TMDL. Initial results
indicate that the stream may meet the TMDL for base flow conditions, however, it much higher
during storm events.
The second station is located on Mud Creek near Greg Avenue which is a tributary to the Illinois
River. As you may be aware, the Illinois River phosphorus concentration is currently under
dispute between the States of Arkansas and Oklahoma. Pending the outcome of this litigation,
additional enforcement measures may be placed on Arkansas municipalities regulating both
point and non -point source pollution. It would be beneficial to have a base line from which to
judge the potential TMDL as well as monitor the progress of measures developed to reduce
pollutants. Initial results indicate that the stream may meet the considered concentration of
0.037mg/I of phosphorus during the discharge of base flow.
In addition to the items above, the recommendation also includes maintaining a crest stage
gauge on Niokaska Creek at Township. This gauge has been useful in the past in determining
the intensity of storm events and the extent of any flooding that they caused.
The total cost for the program described above would be $66,721 with the USGS contributing
$5,000 in Cooperative Funding for a total cost to the City of Fayetteville of $61,721. In addition
to the Cooperative Funds, the USGS provided and installed the equipment in 2015 at no cost to
the City.
BUDGET/STAFF IMPACT:
As stated the total cost of the program would be $66,721 with the USGS contributing $5,000 in
funding. The remaining $61,721 would be split between projects managed by the Engineering
Division and the Water and Sewer Department. As the information collected would benefit both
departments equally, it is proposed to split the required funds 50/50 between the two projects,
or a total of $30,860.50 each.
Attachments:
Proposed Agreement with USGS
United States Department of the Interior
The Honorable Lioneld Jordan
C/O Chirs Brown
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear Mayor. Jordan:
U.S. GEOLOGICAL SURVEY
Lower Mississippi Gulf Water Science Center
Little Rock Office
401 Hardin Road
Little Rock, Arkansas 72211
RECEIVED
NOV 19 2018
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
November 15, 2018
Enclosed are two signed originals of our standard joint -funding agreement between the United States Geological
Survey (USGS) and the City of Fayetteville, during the period January 1, 2019 through December 31, 2019. The
agreement includes the operation and maintenance of two streamgages and two continuous water -quality meters, one
on Mud Creek and one on Town Branch; sampling nine times for nutrients, major ions, and suspended sediment, and
bacteria at the streamgage on Mud Creek; and sampling nine times for nutrients, major anions and suspended sediment
at the streamgage on Town Branch. Three of the nine samples at each station will be collected during a high flow
event. The total cost of the program is for $66,721. USGS's contribution is for $5,000 and the City of Fayetteville's
contribution is for $61,721. Please sign and return one fully -executed original to Markeshia Watson,
Administrative Specialist at the address above.
This a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI -1040). Please allow
30 -days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s),
please contact Markeshia Watson at phone number (225) 298-5481 Ext 3106 or email at mwatson@usgs.gov. usgs.gov. Also,
you can contact Bill Baldwin by phone number (501) 228-3602 or email bbaldwin@usgs.gov to make alternative
arrangements.
The results of all work performed under this agreement will be available for publication by the U.S. Geological
Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources
studies.
Sincerely,
W. S uaii )
Director, LMG Water Science Center
Enclosure
19MLJFAARDA150 (2)
Form 9-1366 U.S. Department of the Interior
(May 2018) U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000000775
Agreement #: 19MUFAARDA150
Project #: ML009Z5
TIN #: 71-6018462
Fixed Cost Agreement YES[ X ] NO[ ]
THIS AGREEMENT is entered into as of the January 1, 2019, by the U.S. GEOLOGICAL SURVEY, Lower
Mississippi Gulf Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part,
and the City of Fayetteville party of the second part.
1. The parties hereto agree that subject to the availability of approprlations and in accordance with their respective
authorities there shall be operation and maintenance of two streamgages and two continuous water -quality meters,
one on Mud Creek and one on Town Branch; sampling nine times for nutrients, major ions, and suspended sediment,
and bacteria at the streamgage on Mud Creek; and sampling nine times for nutrients, major anions and suspended
sediment at the streamgage on Town Branch. Three of the nine samples at each station will be collected during a
high flow event, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b,
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work
directly related to this program. 2(b) include In -Kind -Services in the amount of $0.00
(a) $5,000 by the party of the first part during the period
January 1, 2019 to December 31, 2019
(b) $61,721 by the party of the second part during the period
January 1, 2019 to December 31, 2019
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the amount of: $0
Description of the USGS regionaltnational program:
(d) Admtional or reduced amounts by each party during the above per;cd or succeeding periods as may be
determined by mutual agreement and set furth in an exchange of lett"ors between the parlies.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulatlons'respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives. The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement,
6. During Lhe course of this program, all field and analytical work of either party pertaining to this prograrn shall be
open to the inspection of the other party, and if the work Is not being tarried on In a mutually satisfactory manner,
either party may terminate this agreement upon 60 days written notice to the other party.
7, The original records resulting from this program will be deposited in the office of origin of those records. Upon
request, copies of the original records will be provided to the office of the other party.
6. The maps, records or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records or reports normally will be published by the party of the first par#. However, the party of
the second part reserves the right to publish the results of this program, and if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at cost, Impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records or reports published by
either party shell contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
website (httusJJwww2.usgs._r of vlfS),
Form 9-1366 U.S. Department of the Interior Customer #: 6000000775
(May 2018) U.S. Geological Survey Agreement #:19MUFAARDA150
Joint Funding Agreement Project #: ML009Z5
FOR TIN #: 71-6018462
Water Resource Investigations
9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. § 3717) establfshed by the U.S. Treasury.
USGS Technical Point of Contact
Name:
Bill Baldwin
Little Rock Field Services Unit Chief
Address:
401 Hardin Road
Little Rock, AR 72211
Telephone:
(501) 228-3602
Fax:
(501) 228-3601
Email:
bbaldwin@usgs.gov
USGS Billing Point of Contact
Name,
Markeshia Watson
Administrative Specialist
Address:
3535 South Sherwood Forest Blvd
Baton Rouge, LA 70816
Telephone:
(225) 298-5481 Ext 3106
Fax:
Email:
mwatson@usgs.gov
U.S. Geological Survey
United States
Department of Interior
Signature
13 Date: 11/15/2018
Name, olt Gain
Title: Director, LMG Water Science Center
DD;SDW 11/15/2018
Customer Technical Point of Contact
Name:
Lioneld Jordan
Mayor
Address:
113 West Mountain Street
Fayetteville, Arkansas 72701
Telephone:
(479) 575-8330
Fax:
Email:
mayor@ci.fayettevill.ar.us
Customer Billing Point of Contact
Name:
Chris Brown
City Engineer
Address:
113 West Mountain Street
Fayetteville, Arkansas 72701
Telephone:
(479) 575-8330
Fax:
Email:
City of Fayetteville
S' natures
e• 1
1 71
Na O n>✓J�C $ Jb r
Tit �yov-
By Date:
Name:
Title:
6 y
Name:
Title:
Date:
Form 9-1366 U.S. Department of the Interior
(May 2018) U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000000775
Agreement #: 19MUFAARDA150
Project #: ML009Z5
TIN #: 71-6018462
Fixed Cost Agreement YES[ X ] NO[ ]
THIS AGREEMENT is entered into as of the January 1, 2019, by the U.S. GEOLOGICAL SURVEY, Lower
Mississippi Gulf Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part,
and the City of Fayetteville party of the second part.
1. The parties hereto agree that subject to the availability of approprlations and in accordance with their respective
authorities there shall be operation and maintenance of two streamgages and two continuous water -quality meters,
one on Mud Creek and one on Town Branch; sampling nine times for nutrients, major ions, and suspended sediment,
and bacteria at the streamgage on Mud Creek; and sampling nine times for nutrients, major anions and suspended
sediment at the streamgage on Town Branch. Three of the nine samples at each station will be collected during a
high flow event, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b,
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work
directly related to this program. 2(b) include In -Kind -Services in the amount of $0.00
(a) $5,000 by the party of the first part during the period
January 1, 2019 to December 31, 2019
(b) $61,721 by the party of the second part during the period
January 1, 2019 to December 31, 2019
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the amount of: $0
Description of the USGS regionaltnational program:
(d) Admtional or reduced amounts by each party during the above per;cd or succeeding periods as may be
determined by mutual agreement and set furth in an exchange of lett"ors between the parlies.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulatlons'respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives. The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement,
6. During Lhe course of this program, all field and analytical work of either party pertaining to this prograrn shall be
open to the inspection of the other party, and if the work Is not being tarried on In a mutually satisfactory manner,
either party may terminate this agreement upon 60 days written notice to the other party.
7, The original records resulting from this program will be deposited in the office of origin of those records. Upon
request, copies of the original records will be provided to the office of the other party.
6. The maps, records or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records or reports normally will be published by the party of the first par#. However, the party of
the second part reserves the right to publish the results of this program, and if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at cost, Impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records or reports published by
either party shell contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
website (httusJJwww2.usgs._r of vlfS),
Form 9-1366 U.S. Department of the Interior Customer #: 6000000775
(May 2018) U.S. Geological Survey Agreement #: 19MUFAARDA350
Joint Funding Agreement Project #: ML009Z5
FOR TIN #: 71-6018462
Water Resource Investigations
9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. § 3717) established by the U.S. Treasury.
Sicinature
By Date: 11115/2018
Name:. ott Gain
Title: Director, LMG Water Science Center
DD;SDW 11/15/2018
By_
Name:
Title:
By_
Name: y—
Name:
Title:
ate:
Date:
Date:
USGS Technical Point of Contact
Customer Technical Point of Contact
Name:
Bill Baldwin
Name:
Lioneld Jordan
Little Rock Field Services Unit Chief
Mayor
Address:
401 Hardin Road
Address:
113 West Mountain Street
Little Rock, AR 72211
Fayetteville, Arkansas 72701
Telephone:
(501) 228-3602
Telephone:
(479) 575-8330
Fax:
(501) 228-3601
Fax:
Email:
bbaldwin@usgs.gov
Email:
mayor@ci.fayettevill.ar.us
USGS Billing Point of Contact
Customer Billing Point of Contact
Name:
Markeshia Watson
Name:
Chris Brown
Administrative Specialist
City Engineer
Address.
3535 South Sherwood Forest Blvd.
Address:
113 West Mountain Street
Baton Rouge, LA 70816
Fayetteville, Arkansas 72701
Telephone:
(225) 298-5481 Ext 3106
Telephone:
(479) 575-8330
Fax:
Fax:
Email:
mwatson@usgs.gov
Email:
U.S. Geological Survey
United States
City of Fayetteville
Department of Interior
Sicinature
By Date: 11115/2018
Name:. ott Gain
Title: Director, LMG Water Science Center
DD;SDW 11/15/2018
By_
Name:
Title:
By_
Name: y—
Name:
Title:
ate:
Date:
Date:
Form 9-1366 U.S. Department of the Interior
(May 2018) U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000000775
Agreement #: 19MUFAARDA150
Project #: ML009Z5
TIN #: 71-6018462
Fixed Cost Agreement YES[ X ] NO[ ]
THIS AGREEMENT is entered into as of the January 1, 2019, by the U.S. GEOLOGICAL SURVEY, Lower
Mississippi Gulf Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part,
and the City of Fayetteville party of the second part.
1. The parties hereto agree that subject to the availability of approprlations and in accordance with their respective
authorities there shall be operation and maintenance of two streamgages and two continuous water -quality meters,
one on Mud Creek and one on Town Branch; sampling nine times for nutrients, major ions, and suspended sediment,
and bacteria at the streamgage on Mud Creek; and sampling nine times for nutrients, major anions and suspended
sediment at the streamgage on Town Branch. Three of the nine samples at each station will be collected during a
high flow event, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b,
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work
directly related to this program. 2(b) include In -Kind -Services in the amount of $0.00
(a) $5,000 by the party of the first part during the period
January 1, 2019 to December 31, 2019
(b) $61,721 by the party of the second part during the period
January 1, 2019 to December 31, 2019
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the amount of: $0
Description of the USGS regionaltnational program:
(d) Admtional or reduced amounts by each party during the above per;cd or succeeding periods as may be
determined by mutual agreement and set furth in an exchange of lett"ors between the parlies.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulatlons'respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives. The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement,
6. During Lhe course of this program, all field and analytical work of either party pertaining to this prograrn shall be
open to the inspection of the other party, and if the work Is not being tarried on In a mutually satisfactory manner,
either party may terminate this agreement upon 60 days written notice to the other party.
7, The original records resulting from this program will be deposited in the office of origin of those records. Upon
request, copies of the original records will be provided to the office of the other party.
6. The maps, records or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records or reports normally will be published by the party of the first par#. However, the party of
the second part reserves the right to publish the results of this program, and if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at cost, Impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records or reports published by
either party shell contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
website (httusJJwww2.usgs._r of vlfS),
Form 9-1366 U.S. Department of the Interior Customer #: 6000000775
(May 2018) U.S. Geological Survey Agreement #: 19MUFAARDA150
Joint Funding Agreement Project M ML009Z5
FOR TIN #: 71-6018462
Water Resource Investigations
9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. § 3717) established by the U.S. Treasury.
USGS Technical Point of Contact
Name,
Bill Baldwin
Little Rock Field Services Unit Chief
Address:
401 Hardin Road
Little Rock, AR 72211
Telephone:
(501) 228-3602
Fax:
(501) 228-3601
Email:
bbaldwin@usgs.gov
USGS Billing Point of Contact
Name.
Markeshia Watson
Administrative Specialist
Address:
3535 South Sherwood Forest Blvd
Baton Rouge, LA 70816
Telephone:
(225) 298-5481 Ext 3106
Fax:
Email:
mwatson@usgs.gov
U.S. Geological Survey
United States
Department of Interior
Signature
By Date: 11/15/2018
Name: ott Gain
Title: Director, LMG Water Science Center
DD:SDW 11/15/2018
Customer Technical Point of Contact
Name:
Lioneld Jordan
Mayor
Address:
113 West Mountain Street
Fayetteville, Arkansas 72701
Telephone:
(479) 575-8330
Fax:
Email:
mayor@ci.fayettevill.ar.us
Customer Billing Point of Contact
Name:
Chris Brown
City Engineer
Address:
113 West Mountain Street
Fayetteville, Arkansas 72701
Telephone:
(479) 575-8330
Fax:
Email:
City of Fayetteville
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RECEIVED
MAR 0 4 2019
L:ITY OF FAYETTEVILLE
NORTHWEST ARKANSAS:) i'� CLERKS OFFICE
Democrat v6lazette
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6152
Was inserted in the Regular Edition on:
February 21, 2019
Publication Charges: $ 127.40
Cathy Stags jo
Subscribed and sworn to before me
This,21day of Aek , 2019.
Notary Public
My Commission Expires:
C..'THY VYILE$
Arl;atlsas - Qelltafa
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**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6152
File Number: 2019-0057
U.S. GEOLOGICAL SURVEY:
AN ORDINANCE'ro WAIVE THE
REQUIREMENTS OF FORMAI.
COMPETITIVE BIDDING AND AU'ri IOR1LL•
A JOINT FUNDING AGREEMENT WITI I
THE U.S GEOLOGICAL SURVEY FOR
STREAM GAUGE OPERATION AND
MAINTENANCE AND WATER QUALITY
SAMPLING AND MONITORING AT
VARIOUS LOCATIONS INTI IE CITY OF
FAYETTEVILLE IN 2019 WITH THE
AMOUNT PAID BY THE CITY NOT TO
EXCEED $61,721 00
WHEREAS, since 1998, the City of Fayetteville
has participated in a joint funding agreement
with the
U.S Geological Survey 1'or the operation and
maintenance of urban stream gauging stations to
record data concerning rainfall and runoff; and
WHEREAS, in 2015, the City modified its
agreement with the USGS to begin monitoring
major pollutants at Town Branch and Mud Creek
and the City will continue this monitoring to
provide more accurate information regarding the
pollutants leaving the City at these points; and
WHEREAS, the proposed 2019 program would
remain unchanged from 2018; and
WHEREAS, the USGS, which purchased and
installed the monitoring equipment at no cost to
the City, provides these services at a cost much
lower than the City could receive from any other
provider.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS -
Section 1: That the City Council of the City of
Fayetteville, Arkansas hereby determines an
exceptional situation exists in which competitive
bidding is deemed not feasible or practical and
therefore waives the requirements of formal
competitive bidding and approves a joint
funding agreement, a copy of which is attached
to this Ordinance and made a part tocol;
between the City of Fayetteville and the U.S.
Geological Survey for stream gauge operation
and maintenance and water quality sampling and
monitoring at various locations in the City of
Fayetteville in 2019 with the amount paid by the
City of Fayetteville not to exceed $61,721,00_
PASSED and APPROVED on 2/5/2019
Approved:
Lioneld B, Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
74844905 Feb 21,2019