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Home My WebLink About23-21 RESOLUTION F FAYETr u m ^ �'hANSP 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Resolution: 23-21 File Number: 2020-1133 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: A RESOLUTION TO APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF$42,591.11 FOR A STORMWATER EDUCATION PROGRAM FOR 2021 TO SATISFY PORTIONS OF THE NPDES PHASE II STORMWATER PERMIT REQUIREMENTS WHEREAS,on February 4,2020,the City Council passed Ordinance No. 6282 waiving the requirements of formal competitive bidding for a regional stormwater education program provided by the Northwest Arkansas Regional Planning Commission through 2024. NOW,THEREFORE,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 sign a Memorandum of Understanding, a copy of which is attached hereto and made a part hereof, between the City of Fayetteville and the Northwest Arkansas Regional Planning Commission in the amount of$42,591.11 for a Stormwater Education Program to be provided in 2021 by the University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase II Stormwater Regulations. PASSED and APPROVED on 1/5/2021 Page 1 Printed on 1/7/21 Resolution: 23-21 File Number 2020-1133 Approve • Attest: `��rrr►rri �N" CIERI( ; 0/4 C��Gt� �, Gam • C I T k 0'�'F\ • • �G- Lioneld Jorda or • q Kara Paxton, City Clerk Treasctre� YE :�, rn -,;�ti�T tiSAS Page 2 Printed on 1/7/21 FAYEtr,.,i City of Fayetteville, Arkansas 113 West Mountain Street ��, Fayetteville,AR 72701 (479)575-8323 e ' Text File q'QKA NS PS File Number: 2020-1133 Agenda Date: 1/5/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.24 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: A RESOLUTION TO APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF$42,591.11 FOR A STORMWATER EDUCATION PROGRAM FOR 2021 TO SATISFY PORTIONS OF THE NPDES PHASE II STORMWATER PERMIT REQUIREMENTS WHEREAS,on February 4,2020,the City Council passed Ordinance No. 6282 waiving the requirements of formal competitive bidding for a regional stormwater education program provided by the Northwest Arkansas Regional Planning Commission through 2024. NOW,THEREFORE,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 sign a Memorandum of Understanding,a copy of which is attached hereto and made a part hereof,between the City of Fayetteville and the Northwest Arkansas Regional Planning Commission in the amount of$42,591.11 for a Stormwater Education Program to be provided in 2021 by the University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase II Stormwater Regulations. City of Fayetteville,Arkansas Page 1 Printed on 1/7/2021 City of Fayetteville Staff Review Form 2020-1133 Legistar File ID 1 5 2021 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Alan Pugh 12/16/2020 ENGINEERING (621) Submitted By Submitted Date Division/ Department Action Recommendation: Approval of an agreement in the amount of$42,591.11 with the Northwest Arkansas Regional Planning Commission for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit requirements Budget Impact: 4470.621.8810-5817.00 Sales Tax Capital Improvements Account Number Fund 02097.1 Stormwater Quality Management(Stormwater Quality Mgmt/Nutrient Reduct) Project Number Project Title Budgeted Item? Yes Current Budget $ 171,899.00 Funds Obligated $ 117,445.77 Current Balance $ 54,453.23 Does item have a cost? Yes Item Cost $ 42,591.11 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ 11,862.12 V20180321 Purchase Order Number: Previous Ordinance or Resolution# Ord 6282 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE CITY COUNCIL MEMO lir ARKANSAS MEETING OF JANUARY 5, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: December 16, 2020 SUBJECT: Approval of an agreement in the amount of$42,591.11 with the Northwest Arkansas Regional Planning Commission for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit requirements RECOMMENDATION:3 Staff reccomends approving of an agreement in the amount of$42,591.11 with the Northwest Arkansas Regional Planning Commission for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit requirements. BACKGROUND: The City of Fayetteville has participated in the educational program provided by the University of Arkansas Cooperative Extension since its inception. This program has been very successful and a valuable asset to the public as well as the city. DISCUSSION: Since 2003, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs, Farmington, Fayetteville, Greenland, Johnson, Little Flock, Lowell, Springdale and Rogers along with Benton and Washington Counties and the University of Arkansas have been operating under the Environmental Protection Agency's (EPA) federally mandated Phase II Stormwater regulations as Municipal Separate Storm Sewer Systems (MS4s). While the participating jurisdictions obtain separate National Pollutant Discharge Elimination System (NPDES) permits, they jointly contract with Cooperative Extension Service (CES) through the Northwest Arkansas Regional Planning Commission (NWARPC) as a successful and cost-effective means of implementing the following minimum control measures required in their Phase II permits as well as ensure uniformity in the message presented to residents of Northwest Arkansas: 1) Public Education and Outreach 2) Public Involvement and Participation 6) Pollution Prevention and Good Housekeeping (training for municipal employees) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Positive feedback from the Arkansas Department of Environmental Quality (ADEQ) and participating MS4s has led to the CES and the NWARPC continuing their partnership as the urban stormwater education program support arm of the MS4s' new 2020-2024 stormwater management permits. This agreement is for participation in a 1-Year Regional Stormwater Education and Coordination Program. The City Council has previously approved Ordinance 6282 waiving competitive bidding for stormwater education through 2024 allowing this agreement to be approved through a resolution. Please note that due to the fact the cost will fluctuate, City Council will still have the opportunity to review and approve the new agreement and fee each year by resolution. The agreement will not automatically renew. BUDGET/STAFF IMPACT: Funding for the program is available in the Stormwater Quality Management and Nutrient Reduction Plan Budget. These funds are proposed to be utilized to satisfy the terms of the agreement. Attachments: Memorandum of Understanding Cost Allocation Summary Urban Stormwater Education Program 2020-2024 Summary Ordinance 6282 2 FAYETTEVILLE MEMORANDUM OF UNDERSTANDING FOR THE MS4 JURISDICTIONS OF NORTHWEST ARKANSAS AND THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION WHEREAS, 16 cities in Benton and Washington Counties, the counties themselves, and the University of Arkansas meet the U.S. Environmental Protection Agency's "small" urbanized area municipal separate storm sewer (MS4) criteria, and must comply with national Phase II Stormwater Regulations; and WHEREAS,the Arkansas Department of Environmental Quality(ADEQ), the state agency authorized by EPA to issue National Pollutant Discharge Elimination System (NPDES) permits requiring and ensuring compliance, will establish dates for affected entities to be covered under Arkansas' general permit for MS4s; and WHEREAS, said permit requires development, implementation, and evaluation of a stormwater management plan, that addresses each of the six minimum control measures identified in the Phase II Storm Water Regulations contained in 40 CFR 122.26 and outlined in Part I.B.; and WHEREAS, the Northwest Arkansas Regional Planning Commission (NWARPC) has coordinated meetings between representatives of affected jurisdictions in an effort to determine, in the interest of economy and efficiency, whether certain stormwater permit components could be addressed collectively, rather than individually; and WHEREAS, it has been determined that a cost effective, regional approach to certain minimum control measures required as part of the permit — namely Public Education and Outreach, Public Involvement and Participation, and the education component of Pollution Prevention/Good Housekeeping—is both logical and appropriate; and WHEREAS, the NWARPC previously requested and received statements of qualifications from interested institutions and firms with demonstrated water quality educational expertise, and has, in cooperation with representatives of affected MS4 jurisdictions, endorsed the attached proposal from the University of Arkansas Cooperative Extension Service; and WHEREAS, the ADEQ has endorsed the regional concept and proposal for addressing said minimum control measures; and WHEREAS,said representatives of affected MS4s have also endorsed the distribution of costs associated with the proposal as shown on the attached cost allocation plan; and FAYETTEVILLE WHEREAS, the Board of Directors of the NWARPC have authorized the Commission to act as the financial clearinghouse and primary contractor, on behalf of said MS4s, in connection with said proposal. NOW, THEREFORE BE IT RESOLVED THAT WE, THE UNDERSIGNED MS4 JURISDICTION,AND THE BOARD OF DIRECTORS OF THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION,AGREE AS FOLLOWS: SECTION 1. To participate in a 1-Year Regional Stormwater Education and Coordination Program(January 1, 2021—December 31, 2021),to be carried out by the University of Arkansas Cooperative Extension Service through an engagement with the Northwest Arkansas Regional Planning Commission, with costs based on a Base cost and each jurisdiction's pro-rated share of the region's 2010 urbanized area population; it being understood that said services to be provided shall satisfy requirements for the federally- mandated minimum control measures referenced herein. Commitments for participation in said program in future years will require governing body approval on a year-to-year basis. SECTION 2. To participate financially in accordance with the attached cost allocation plan. Any increases in the costs allocated to the undersigned MS4 due to the failure of other MS4 jurisdictions to participate shall be subject to the approval of the undersigned MS4. SECTION.3. That all funds received by NWARPC from MS4s shall be utilized in their entirety for stormwater management program services and coordination activities in connection with EPA Phase II Stormwater Program requirements, and shall be accounted for separately from all other Commission funds. Dated ;J y of 202 l . FAYETTEVILLE OFFICIAL NWARPC Jeff Hawki 2 2021 Cost Allocation* of U of A Cooperative Extension Service Regional Stormwater Education and NWA Regional Planning Commission Stormwater Coordination for NWA MS4 Jurisdictions MS4 Cost = $2,000 Base cost + (Remaining Program Cost x % NWA Urbanized Area Population) Using 2010 US Census Urban Block Data for the 19 MS4 Collaborating Jurisdictions Urbanized Area % Urbanized Area $2,000 Base with % Jurisdiction Population Total Population Population Urbanized Area Greenland 721 1,294 0.25% $2,447.11 Cave Springs 969 1,931 0.33% $2,600.89 Tontitown 71 _ 2,460 0.02% $2,044.03 Little Flock 1,742 2,585 0.60% $3,080.25 Elkins 1,991 2,648 0.68% $3.234.66 Johnson 3,123 3,354 1.07% $3,936.63 Prairie Grove 69 4,380 0.02% $2.042.79 Pea Ridge 4,298 4,794 1.47% $4,665.27 Farmington 4,964 5,974 1.70% $5,078.27 Lowell 6.574 7,327 2.25% $6,076.66 _ Centerton 9,135 9,515 3.13% $7,664.78 Bella Vista _ 22,841 26,461 7.83% $16 164.13 U of A 5,801 27,503 1.99% $5,597.31 Bentonville 33,801 35,301 11.59% $22,960.63 Washington County0.64% 9 1,868 203;065 $3,158.38 Benton County 5,339 221,339 1.83% $5,310.81 Rogers 54,897 58,895 18.82% $36,042.65 Springdale 68,088 70,747 23.34% $44,222.64 Fayetteville 65,457 73,580 22.44% $42,591.11 Program Totals 291,749 100.00% $218,919.00 Note: Budget year runs from January 1 through December 31 of each calendar year *These dollar breakouts assume all jursidictions participate t Total population reflects the total county population including all incorporated areas Minimum Control Measure #1: Public Education and Outreach on Stormwater Impacts Decision Process The NWA Stormwater Compliance Group meets to discuss stormwater pollution prevention and provide input on education activities. The NWA Stormwater Education Steering committee (public membership comprised of diverse backgrounds/interests) convenes at least once each year to review and evaluate program accomplishments and plan next steps. Both groups provide the localized input used to identify critical stormwater pollutants,education needs, target audiences, program methods, and public relations strategies. Public Education/Outreach BMPs Develop and distribute educational materials Input from both the MS4 Stormwater Compliance Group and Education Steering Committee guides the emphases of electronic and printed educational materials. Once topics are identified, materials will be developed, adapted, and/or gathered for distribution at public meetings, in support of presentations, and with educational displays. Examples may include fact sheets, videos, social media content, website content, newsletters, press releases, and PSAs. Measureable Goals: Mechanism types and numbers of educational materials will be documented. Develop 5 educational materials across the permit term. Attendance of MS4 Stormwater Compliance Group and Education Steering Committee meetings will be documented. Conduct stormwater education activities Educational presentations will be given to illustrate stormwater dynamics, identify potential pollutants and pathways, describe techniques to reduce stormwater pollution and encourage voluntary BMP implementation according to the annual topic/audience emphases outlined in the following table. Measureable Goal: Stormwater education programs will be conducted and documented. Responsible Party The Northwest Arkansas Regional Planning Commission and the University of Arkansas Cooperative Extension Service have contracted with the municipality to be responsible for the development and implementation of the public education efforts. A copy of that agreement is included in this plan. Performance Standard: Urban stormwater outreach/education programs will reach at least 50%of the urbanized area population. Minimum Control Measure #1: 5 Year Implementation Schedule 2020 2021 2022 2023 2024 Topic Emphases: Topic Emphasis: Topic Emphasis: Topic Emphasis: Topic Emphasis: Storm drain Litter Sediment control Yard waste Automotive awareness/dumping maintenance and Household Hazardous Waste (HHW) Target Audience: Target Audience: Target Audience: Target Audience: Target Audience: General public General public Land development General public and General public and community green industry vehicle owners Rationale: Rationale: Rationale: Rationale: Rationale: Pollutants entering Improper handling Sediment leaving Improper yard waste Improper vehicle the storm drain and disposal of litter construction sites can disposal can clog maintenance and system degrade water can allow it to enter enter the storm drain drainage ways and HHW disposal can quality the storm drain system and degrade excess fertilizer and allow pollutants to system and degrade water quality pesticide applications enter the storm drain water quality can enter the storm system and degrade drain system and water quality degrade water quality Minimum Control Measure #2: Public Involvement/Participation Decision Process The NWA Stormwater Compliance Group meets to discuss stormwater pollution prevention and provide input on education activities. The NWA Stormwater Education Steering committee (public membership comprised of diverse backgrounds/interests) convenes at least once each year to review and evaluate program accomplishments and plan next steps. Both groups provide the localized input used to identify critical stormwater pollutants, education needs, target audiences, program methods, and public relations strategies. Target Audience The audience for public involvement programs and activities will be the general public and may include businesses,trade associations, environmental groups, homeowners, and civic organizations. Public Involvement/Participation BMPs Engage Residents in Public Participation/Involvement Activities Input from both the MS4 Stormwater Compliance Group and Education Steering Committee guides the emphases of educational materials,educational programs,and public involvement efforts. Residents will participate in public involvement activities. Examples may include stormwater compliance meetings, stormwater steering meetings,clean ups, etc. Measureable Goal: Public participation activities will be documented. Responsible Party The Northwest Arkansas Regional Planning Commission and the University of Arkansas Cooperative Extension Service have contracted with the municipality to be responsible for the development and implementation of the public involvement efforts. A copy of that agreement is included in this plan. Performance Standard At least 5 public participation and involvement activities will be coordinated over the permit term. AYEir O Fi-6'f t _- r r, ;;1 g A N S r S 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6282 File Number: 2020-0064 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING THROUGH 2024 AND APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $42,591.06 FOR A STORMWATER EDUCATION PROGRAM FOR 2020 WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest Arkansas, has been operating under the Environmental Protection Agency's federally mandated Phase II Stormwater Regulations as a Municipal Separate Storm Sewer System; and WHEREAS, the Northwest Arkansas Planning Commission has determined that a regional approach to certain minimum control measures required for renewal of Municipal Separate Storm Sewer System permits - specifically Public Education and Outreach, Public Involvement and Participation, and the education component of Pollution Prevention/Good Housekeeping - is both logical, cost effective and appropriate, and this approach has been approved by the Arkansas Department of Environmental Quality; and WHEREAS, the Northwest Arkansas Planning Commission has endorsed a proposal from the University of Arkansas Cooperative Extension Service to design and provide a stormwater education program to all Municipal Separate Storm Sewer Systems in Northwest Arkansas;and WHEREAS, the cost of the agreement to the City for 2020 exceeds $20,000.00 and would otherwise require competitive bidding unless the requirement is waived; and WHEREAS,the City's National Pollutant Discharge Elimination System permit expires in 2024 and Page 1 Printed on 2/6/20 File Number.2020-0064 Ordinance 6282 the stormwater education program will be a requirement each permit year. 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 through 2024 and further authorizes the Mayor to sign a Memorandum of Understanding, a copy of which is attached hereto and made a part hereof, between the City and the Northwest Arkansas Regional Planning Commission in the amount of $42,591.06 for a Stormwater Education Program to be provided in 2020 by the University of Arkansas Cooperative Extension Service to satisfy portions of the Environmental Protection Agency's Phase II Stormwater Regulations. PASSED and APPROVED on 2/4/2020 Approvi Attest: A �11Gi/I�.,/� ��/L_ GOER K/l i,�i rioneld •rd. , Mayor Kara Paxton, City Clerk Treasurer.:- .•�• N- r 0,�,•,p :F =z: AYE�Ev/t�f = 'Q"7NSPS 4 • V ••-..•• C� Page 2 Printed on 2/6/20 'tF, City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 _ (479)575-8323 `�` 14 •1,z1le loty' Text File File Number: 2020-0064 Agenda Date:2/4/2020 Version: 1 Status: Passed In Control:City Council Meeting File Type:Ordinance Agenda Number: C. 7 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING THROUGH 2024 AND APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $42,591.06 FOR A STORMWATER EDUCATION PROGRAM FOR 2020 WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest Arkansas, has been operating under the Environmental Protection Agency's federally mandated Phase II Stormwater Regulations as a Municipal Separate Storm Sewer System;and WHEREAS, the Northwest Arkansas Planning Commission has determined that a regional approach to certain minimum control measures required for renewal of Municipal Separate Storm Sewer System permits - specifically Public Education and Outreach, Public Involvement and Participation, and the education component of Pollution Prevention/Good Housekeeping - is both logical, cost effective and appropriate, and this approach has been approved by the Arkansas Department of Environmental Qualit y;and WHEREAS, the Northwest Arkansas Planning Commission has endorsed a proposal from the University of Arkansas Cooperative Extension Service to design and provide a stormwater education program to all Municipal Separate Storm Sewer Systems in Northwest Arkansas; and WHEREAS, the cost of the agreement to the City for 2020 exceeds $20,000.00 and would otherwise require competitive bidding unless the requirement is waived;and WHEREAS, the City's National Pollutant Discharge Elimination System permit expires in 2024 and the stormwater education program will be a requirement each permit year. 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 through 2024 and further authorizes the Mayor to sign a City of Fayetteville,Arkansas Page 1 Printed on 2/5/2020 File Number:2020-0064 Memorandum of Understanding, a copy of which is attached hereto and made a part hereof, between the City and the Northwest Arkansas Regional Planning Commission in the amount of $42,591.06 for a Stormwater Education Program to be provided in 2020 by the University of Arkansas Cooperative Extension Service to satisfy portions of the Environmental Protection Agency's Phase 11 Stormwater Regulations. City of Fayetteville,Arkansas Page 2 Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0064 Legistar File ID 2/4/2020 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Alan Pugh 1/17/2020 ENGINEERING (621) Submitted By Submitted Date Division/Department Action Recommendation: Waiving competitive bidding and approving of an agreement in the amount of$42,591.06 with the Northwest Arkansas Regional Planning Commission for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit requirements Budget Impact: 4470.621.8810-5817.00 Sales Tax Capital Improvements Account Number Fund 02097.1 Stormwater Quality Management (Stormwater Quality Mgmt/Nutrient Reduct) Project Number Project Title Budgeted Item? Yes Current Budget $ 160,000.00 Funds Obligated $ - Current Balance $ 160,000.00 Does item have a cost? Yes Item Cost $ 42,591.06 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ 117,408.94 V20180321 Purchase Order Number: Previous Ordinance or Resolution# Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE CITY COUNCIL MEMO ‘1114 ARKANSAS MEETING OF FEBRUARY 4, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: January 17, 2020 SUBJECT: Waiving competitive bidding and approving of an agreement in the amount of $42,591.06 with the Northwest Arkansas Regional Planning Commission for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit requirements RECOMMENDATION: Staff reccomends waiving competitive bidding and approving of an agreement in the amount of $42,591.06 with the Northwest Arkansas Regional Planning Commission for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit requirements. BACKGROUND: The City of Fayetteville has participated in the educational program provided by the University of Arkansas Cooperative Extension since its inception. This program has been very successful and a valuable asset to the public as well as the city. DISCUSSION: Since 2003, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs, Farmington, Fayetteville, Greenland, Johnson, Little Flock, Lowell, Springdale and Rogers along with Benton and Washington Counties and the University of Arkansas have been operating under the Environmental Protection Agency's (EPA) federally mandated Phase II Stormwater regulations as Municipal Separate Storm Sewer Systems (MS4s). While the participating jurisdictions obtain separate National Pollutant Discharge Elimination System (NPDES) permits, they jointly contract with Cooperative Extension Service (CES) through the Northwest Arkansas Regional Planning Commission (NWARPC) as a successful and cost-effective means of implementing the following minimum control measures required in their Phase II permits as well as ensure uniformity in the message presented to residents of Northwest Arkansas: 1) Public Education and Outreach 2) Public Involvement and Participation 6) Pollution Prevention and Good Housekeeping (training for municipal employees) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Positive feedback from the Arkansas Department of Environmental Quality (ADEQ) and participating MS4s has led to the CES and the NWARPC continuing their partnership as the urban stormwater education program support arm of the MS4s' new 2020-2024 stormwater management permits. This agreement is for participation in a 1-Year Regional Stormwater Education and Coordination Program. This agreement is for participation in a 1-Year Regional Stormwater Education and Coordination Program, however, the intent is to waive competitive bidding until the end of the permit period which is 2024. Please note that due to the fact the cost will fluctuate, City Council will still have the opportunity to review and approve the new agreement and fee each year by resolution. The agreement will not automatically renew. BUDGET/STAFF IMPACT: Funding for the program is available in the Stormwater Quality Management and Nutrient Reduction Plan Budget. These funds are proposed to be utilized to satisfy the terms of the agreement. Attachments: Memorandum of Understanding Cost Allocation Summary Urban Stormwater Education Program 2020-2024 Summary 2 NIAA NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION RFC 1311 Clayton St., Springdale, Arkansas, 72762 +vo,rh,vesta.kansas • (479) 751 7125 . •http://nwarpc.org Regional Panning Commission f September 24, 2019 Alan Pugh, ti1.` am enclosing an original of your jurisdiction's 2020 Memorandum of Understanding (MOU) for the Regional Stormwater Education Program. It has been signed by Jeff Hawkins, Executive Director, NWARPC. Please deliver the MOU to the appropriate person in your jurisdiction to sign and date. You may return the MOU either by the US Postal Service, or through email. If at all possible the MOU should be returned by the end of the year. NWARPC will invoice in January 2020. If you have any questions, please let me know. Thank you for your prompt attention to this matter. Sincerely, elia Scott-Silkwood, AICP Regional Planner cscott-silkwoodda nwarpc.org 479-751-7125 ext. 106 FAYETTEVILLE MEMORANDUM OF UNDERSTANDING FOR THE MS4 JURISDICTIONS OF NORTHWEST ARKANSAS AND THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION WHEREAS, 21 cities in Benton and Washington Counties, the counties themselves, and the University of Arkansas meet the U.S. Environmental Protection Agency's "small" urbanized area municipal separate storm sewer (MS4) criteria, and must comply with national Phase II Stormwater Regulations; and WHEREAS,the Arkansas Department of Environmental Quality(ADEQ), the state agency authorized byEPA to issue National Pollutant Discharge g Y g Elimination System (NPDES) permits requiring and ensuring compliance, will establish dates for affected entities to be covered under Arkansas' general permit for MS4s; and WHEREAS, said permit requires development, implementation, and evaluation of a stormwater management plan, that addresses each of the six minimum control measures identified in the Phase II Storm Water Regulations contained in 40 CFR 122.26 and outlined in Part I.B.; and WHEREAS, the Northwest Arkansas Regional Planning Commission (NWARPC) has coordinated meetings between representatives of affected jurisdictions in an effort to determine, in the interest of economy and efficiency, whether certain stormwater permit components could be addressed collectively, rather than individually; and WHEREAS, it has been determined that a cost effective, regional approach to certain minimum control measures required as part of the permit — namely Public Education and Outreach, Public Involvement and Participation, and the education component of Pollution Prevention/Good Housekeeping—is both logical and appropriate; and WHEREAS, the NWARPC previously requested and received statements of qualifications from interested institutions and firms with demonstrated water quality educational expertise, and has, in cooperation with representatives of affected MS4 jurisdictions, endorsed the attached proposal from the University of Arkansas Cooperative Extension Service; and WHEREAS, the ADEQ has endorsed the regional concept and proposal for addressing said minimum control measures; and WHEREAS,said representatives of affected MS4s have also endorsed the distribution of costs associated with the proposal as shown on the attached cost allocation plan; and 1 FAYETTEVILLE WHEREAS, the Board of Directors of the NWARPC have authorized the Commission to act as the financial clearinghouse and primary contractor, on behalf of said MS4s, in connection with said proposal. NOW, THEREFORE BE IT RESOLVED THAT WE, THE UNDERSIGNED MS4 JURISDICTION,AND THE BOARD OF DIRECTORS OF THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION,AGREE AS FOLLOWS: SECTION 1. To participate in a 1-Year Regional Stormwater Education and Coordination Program(January 1,2020—December 31,2020),to be carried out by the University of Arkansas Cooperative Extension Service through an engagement with the Northwest Arkansas Regional Planning Commission, with costs based on a Base cost and each jurisdiction's pro-rated share of the region's 2010 urbanized area population; it being understood that said services to be provided shall satisfy requirements for the federally- mandated minimum control measures referenced herein. Commitments for participation in said program in future years will require governing body approval on a year-to-year basis. SECTION 2. To participate financially in accordance with the attached cost allocation plan. Any increases in the costs allocated to the undersigned MS4 due to the failure of other MS4 jurisdictions to participate shall be subject to the approval of the undersigned MS4. SECTION.3. That all funds received by NWARPC from MS4s shall be utilized in their entirety for stormwater management program services and coordination activities in connection with EPA Phase II Stormwater Program requirements, and shall be accounted for separately from all other Commission funds. a� Dated t -s �� d•y of 11' , a0�0 i • Atli ir�1_ .i. . . FAYETTEVILLE • er ,, NWARPC Jeff Hawki/ 2 2020 Cost Allocation* of U of A Cooperative Extension Service Regional Stormwater Education Planning and NWA Regional Commission Stormwater Coordination for NWA MS4 Jurisdictions MS4 Cost= $2,000 Base cost+ (Remaining Program Cost x %NWA Urbanized Area Population) Using 2010 US Census Urban Block Data for the 21 MS4 Collaborating Jurisdictions Urbanized Area %Urbanized Area $2,000 Base+ % Jurisdiction Population Total Population Population Urbanized Area Bella Vista 22,841 26,461 7.74% $16,164.11 Benton County 5,339 221,339 1.81% $5,310.81 Bentonville 33,801 35,301 11.45% $22,960.60 Bethel Heights 2,359 2,372 0.80% $3,462.86 Cave Springs 969 1,931 0.33% $2,600.89 Centerton 9,135 9,515 3.10% $7,664.78 Little Flock 1,742 2,585 0.59% $3,080.25 Lowell 6,574 7,327 2.23% $6,076.65 Pea Ridge 4,298 4,794 1.46% $4,665.27 Rogers 54,897 58,895 18.60% $36,042.61 Elkins 1,991 2,648 0.67% $3,234.65 Elm Springs 973 1,535 0.33% $2,603.37 _ Farmington 4,964 5,974 1.68% $5,078.27 Fayetteville 65,457 73,580 22:18% $42,591.06 Greenland 721 1,294 0.24% $2,447.10 Johnson 3,123 3,354 1.06% $3,936.63 Prairie Grove 69 4,380 0.02% $2,042.79 Springdale 68,088 70,747 23.07% $44,222.59 Tontitown 71 2,460 0.02% $2,044.03 U of A 5,801 27,503 1.97% $5,597.30 Washington County 1,868 203,065 0.63% $3,158.38 Program Totals 295,081 100.00% $224,985.00 Note: Budget year runs from January 1 through December 31 of each calendar year •These dollar breakouts assume all jursidictions participate t Total population reflects the total county population including all incorporated areas Minimum Control Measure #1: Public Education and Outreach on Stormwater Impacts Decision Process The NWA Stormwater Compliance Group meets to discuss stormwater pollution prevention and provide input on education activities. The NWA Stormwater Education Steering committee (public membership comprised of diverse backgrounds/interests) convenes at least once each year to review and evaluate program accomplishments and plan next steps. Both groups provide the localized input used to identify critical stormwater pollutants,education needs, target audiences, program methods, and public relations strategies. Public Education/Outreach BMPs Develop and distribute educational materials Input from both the MS4 Stormwater Compliance Group and Education Steering Committee guides the emphases of electronic and printed educational materials. Once topics are identified, materials will be developed, adapted, and/or gathered for distribution at public meetings, in support of presentations, and with educational displays. Examples may include fact sheets, videos, social media content, website content, newsletters, press releases, and PSAs. Measureable Goals: Mechanism types and numbers of educational materials will be documented. Develop 5 educational materials across the permit term. Attendance of MS4 Stormwater Compliance Group and Education Steering Committee meetings will be documented. Conduct stormwater education activities Educational presentations will be given to illustrate stormwater dynamics, identify potential pollutants and pathways, describe techniques to reduce stormwater pollution and encourage voluntary BMP implementation according to the annual topic/audience emphases outlined in the following table. Measureable Goal: Stormwater education programs will be conducted and documented. Responsible Party The Northwest Arkansas Regional Planning Commission and the University of Arkansas Cooperative Extension Service have contracted with the municipality to be responsible for the development and implementation of the public education efforts.A copy of that agreement is included in this plan. Performance Standard: Urban stormwater outreach/education programs will reach at least 50%of the urbanized area population. Minimum Control Measure #1: 5 Year Implementation Schedule 2020 2021 2022 2023 2024 Topic Emphases: Topic Emphasis: Topic Emphasis: Topic Emphasis: Topic Emphasis: Storm drain Litter Sediment control Yard waste Automotive awareness/dumping maintenance and Household Hazardous Waste (HHW) Target Audience: Target Audience: Target Audience: Target Audience: Target Audience: General public General public Land development General public and General public and community green industry vehicle owners Rationale: Rationale: Rationale: Rationale: Rationale: Pollutants entering Improper handling Sediment leaving Improper yard waste Improper vehicle the storm drain and disposal of litter construction sites can disposal can clog maintenance and system degrade water can allow it to enter enter the storm drain drainage ways and HHW disposal can quality the storm drain system and degrade excess fertilizer and allow pollutants to system and degrade water quality pesticide applications enter the storm drain water quality can enter the storm system and degrade drain system and water quality degrade water quality Minimum Control Measure #2: Public Involvement/Participation Decision Process The NWA Stormwater Compliance Group meets to discuss stormwater pollution prevention and provide input on education activities. The NWA Stormwater Education Steering committee (public membership comprised of diverse backgrounds/interests) convenes at least once each year to review and evaluate program accomplishments and plan next steps. Both groups provide the localized input used to identify critical stormwater pollutants,education needs, target audiences, program methods, and public relations strategies. Target Audience The audience for public involvement programs and activities will be the general public and may include businesses,trade associations, environmental groups, homeowners, and civic organizations. Public Involvement/Participation BMPs Engage Residents in Public Participation/Involvement Activities Input from both the MS4 Stormwater Compliance Group and Education Steering Committee guides the emphases of educational materials,educational programs,and public involvement efforts. Residents will participate in public involvement activities. Examples may include stormwater compliance meetings, stormwater steering meetings,clean ups,etc. Measureable Goal: Public participation activities will be documented. Responsible Party The Northwest Arkansas Regional Planning Commission and the University of Arkansas Cooperative Extension Service have contracted with the municipality to be responsible for the development and implementation of the public involvement efforts. A copy of that agreement is included in this plan. Performance Standard At least 5 public participation and involvement activities will be coordinated over the permit term.