HomeMy WebLinkAbout196-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 196-22
File Number: 2022-0769
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER 10:
A RESOLUTION TO APPROVE TASK ORDER NO. 10 WITH THE WATERSHED
CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $22,500.00 FOR
CONTINUING RIPARIAN HABITAT ENHANCEMENT AND CHANNEL STABILITY
ESTABLISHMENT IN TANGLEWOOD BRANCH AND ASSOCIATED TRIBUTARIES IN
THE FAY JONES WOODS AND THE LOWER RAMBLE
WHEREAS, on January 3, 2019, the City Council approved Ordinance No. 6141 waiving
competitive bidding and approving a Memorandum of Understanding with the Watershed
Conservation Resource Center for a term of five years to establish a general framework of cooperation
to seek funding, conduct stream restoration projects, and to work together on nonpoint source related
issues.
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 Mayor Jordan
to sign Task Order No. 10 with the Watershed Conservation Resource Center in the amount of
$22,500.00 for continuing riparian habitat enhancement and channel stability establishment in
Tanglewood Branch and associated tributaries in the Fay Jones Woods and the Lower Ramble.
PASSED and APPROVED on 9/6/2022
Page 1 Printed on 917122
Resolution: 196-22
File Number: 2022-0769
Attest:
��.``C.r . G�Z Y p,�. •SG •,�
_ ; f AYET EVILLE �y=
Kara Paxton, City Clerk "Treasurer 7 ; 4'
• ` '�.
,! To,,, .%tti,
Page 2 Printed on 917122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0769
Agenda Date: 9/6/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.6
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER 10:
A RESOLUTION TO APPROVE TASK ORDER NO. 10 WITH THE WATERSHED CONSERVATION
RESOURCE CENTER IN THE AMOUNT OF $22,500.00 FOR CONTINUING RIPARIAN HABITAT
ENHANCEMENT AND CHANNEL STABILITY ESTABLISHMENT IN TANGLEWOOD BRANCH
AND ASSOCIATED TRIBUTARIES IN THE FAY JONES WOODS AND THE LOWER RAMBLE
WHEREAS, on January 3, 2019, the City Council approved Ordinance No. 6141 waiving competitive
bidding and approving a Memorandum of Understanding with the Watershed Conservation Resource Center
for a term of five years to establish a general framework of cooperation to seek funding, conduct stream
restoration projects, and to work together on nonpoint source related issues.
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 Mayor Jordan to sign
Task Order No. 10 with the Watershed Conservation Resource Center in the amount of $22,500.00 for
continuing riparian habitat enhancement and channel stability establishment in Tanglewood Branch and
associated tributaries in the Fay Jones Woods and the Lower Ramble.
City of Fayetteville, Arkansas Page 1 Printed on 91712022
Peter Nierengarten
Submitted By
City of Fayetteville Staff Review Form
2022-0769
Legistar File ID
9/6/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/16/2022 SUSTAINABILITY/RESILIENCE (631)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of Task Order No. 10 in the amount of $22,500 with the Watershed Conservation
Resources Center for continuing riparian habitat enhancement and channel stability establishment in Tanglewood
Branch and associated tributaries in the Fay Jones Woods and the Lower Ramble
1010.631.6310-5315.00
Account Number
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Contract Services
Fund
Project Title
$ 45,936.10
$ 45,936.10
$ 22,500.00
$ 23,436.10
V20210527
Purchase Order Number: Previous Ordinance or Resolution # Ord. 6141
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 6, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Peter Nierengarten, Environmental Director
DATE: August 16, 2022
CITY COUNCIL MEMO
SUBJECT: Approval of Task Order No. 10 in the amount of $22,500 with the Watershed
Conservation Resources Center for continuing riparian habitat
enhancement and channel stability establishment in Tanglewood Branch
and associated tributaries in the Fay Jones Woods and the Lower Ramble
RECOMMENDATION:
Staff recommends approval of Task Order No. 10 in the amount of $22,500 with the Watershed
Conservation Resources Center for continuing riparian habitat enhancement and channel
stability establishment in Tanglewood Branch and associated tributaries in the Fay Jones
Woods and the Lower Ramble
BACKGROUND:
On January 3, 2019, City Council approved Ordinance Number 6141 to waive competitive
bidding and enter into a memorandum of understanding (MOU) with the Watershed
Conservation Resource Center (WCRC). The resolution expressed the City's desire to work
jointly with the WCRC to identify, fund and complete stream restoration projects, work together
on nonpoint source (NPS) related issues associated with reducing nutrients, and improving
riparian and other natural areas. To that degree, the City and WCRC have completed several
restoration projects though this partnership. These projects include but are not limited to; the
White River Riverbank Stabilization Project, Niokaska Creek within Sweetbriar Park, Niokaska
Creek within Gulley Park, the West Fork of White River Airport Site and Tanglewood Branch
within the Fay Jones Woods.
DISCUSSION:
The MOU outlines a process by which task orders can be developed for various activities that
are in line with the goal of reducing NPS pollution and restoring the City's streams. This Task
Order is presented pursuant to the MOU and consists of continuing efforts to establish and
maintain dense native vegetation as well as make minor modifications as necessary to the
recently completed stream and riparian restoration project on Tanglewood Branch and an
unnamed tributary within the Fay Jones Woods portion of the Ramble Project. This
maintenance and vegetation management work is necessary to ensure the continued success
of this highly visible element within the Lower Ramble and includes:
• Minor hand repairs of structural components of the restoration
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• Repair of soil mattresses
• Re -setting of boulders that may become displaced
• Irrigation of vegetation during summer months
• Removal of invasive vegetation
• Planting additional native plants to enhance vegetation density and improve aesthetics
• Enhancement of off -channel natural areas such as seeps, springs, and wetlands
Establishment of a high -density riparian zone consisting of native vegetation is critical in
creating a stream restoration project that will, upon maturity of the vegetation, be able to
withstand the power of future flood events. This can take several growing seasons to achieve
and ensure the native species are not overrun with invasive species. Also, minor adjustments
occasionally need to be conducted within the stream or river channel restoration area to prevent
cumulative degradation of the restoration project. This MOU is intended to cover costs
associated with minor and routine maintenance of the site. Repair of major damage to the
project resulting from large and infrequent flood events is not covered under this agreement and
will be addressed though supplemental agreements.
Ultimately this MOU will help to protect the investments in the Ramble Project made by the City
of Fayetteville and to improve water quality, habitat and recreational values of our local streams
and water bodies.
The Term of the Agreement is from October 1, 2022 to September 30, 2023.
BUDGET/STAFF IMPACT:
Funding has been allocated for this maintenance work within the 2022 Sustainability
Department contract services budget. 1010.631.6310-5315.00
Attachments:
Task Order No. 10
Ordinance 6141
Memorandum of Understanding
THE CITY OF FAYETTEVILLE, ARKANSAS
TASK ORDER NO. 10
RIPARIAN HABITAT ENHANCEMENT AND CHANNEL STABILITY ESTABLISHMENT
TANGLEWOOD BRANCH AND ASSOCIATED TRIBUTARIES AT FAY JONES
WOODS AND THE LOWER RAMBLE
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Task Order is written pursuant to the Memorandum of Understanding (MOU) as
described in Ordinance No. 6141 executed on January 3, 2019. The referenced MOU
pertains to potential stream restoration projects and associated services with the
Watershed Conservation Resource Center (WCRC). This Task Order entered into and
executed on the date indicated below the signature block by and between the City of
Fayetteville (CITY) and WCRC sets forth the project description, schedule and
associated fees for services related to enhancing and maintaining the recently
completed stream and riparian restoration project on Tanglewood Branch and an un-
named tributary as part of the Fayetteville Cultural Arts Corridor project located in the
Fay Jones Woods. The initial stream and riparian restoration work was funded in part
by an Environmental Protection Agency Region 6 Wetlands Planning Grant developed
by the WCRC and submitted by the CITY.
Section I - Project Description
The work associated with this task order consists the WCRC of providing services to the
CITY in order to establish long-term stability as well as high level of aesthetic quality to
the recently completed stream and riparian restoration work along Tanglewood Branch
and an un-named tributary located in the Fay Jones Woods. The completed work
included restoration of stream channel and riparian areas, removal of invasive plant
species from the riparian zone, planting of native plants, and restoration of wetland
areas. The work has transformed Tanglewood Branch and the tributary from an
underutilized and out of site stormwater channel into an ecological and public asset.
The restoration allows the public to utilize Tanglewood Branch in a way that has never
happened before. The spring fed stream, now visible and accessible to the public,
breathes additional life into the Cultural Arts Corridor. Restoration of a stream and
riparian area is not a one-time effort and work beyond the initial implementation effort is
required during the early years after completion in order to provide time for the project to
mature in a self-sustaining manner. This Task Order will establish a framework for the
City to provide funding for riparian and stream channel establishment and enhancement
that will support the myriad of benefits the restoration work provides to the community.
For example, invasive species consisting of primarily bush honeysuckle and privet were
removed from the riparian corridor in the spring of 2021. This work was extensive and
thorough and opened up the visibility of the stream channel immensely. During the
growing season of 2022 a vastly different community of invasive species became
established in previously treated areas. A second invasive species removal effort was
undertaken to address the second wave of invasive plants. This process will continue
THE CITY OF FAYETTEVILLE, ARKANSAS
and will require intervention until the native plant community is established and can
sustain itself. Another example of the need for riparian establishment is associated with
localized changes in overland runoff as a result of the development of park
infrastructure. New pathways of concentrated flow have the potential to create scour
and erosion. These areas are often easily addressed through soft engineering practices
that enhance the riparian flora while reducing water quality impacts of localized
floodplain scour. Plentiful irrigation of young plants throughout the riparian corridor will
be required to insure long-term viability and beauty of the site. Also, following flood
events, minor repairs may need to be conducted within the stream restoration area to
prevent cumulative degradation of the restoration project. This agreement will provide
funding for the WCRC to conduct activities that help to continue to establish healthy,
native vegetation and channel stability in order to protect the investment that the CITY
has made to improve water quality, habitat, and recreational values that exist along
Tanglewood Branch within the Cultural Arts Corridor.
Section II - Project Timeframe
The WCRC will conduct the work from October 1, 2022 to September 30, 2023.
Section III - Scope of Services
The WCRC will perform services that are targeted to maintain and improve the long-
term functionality stream and riparian restoration work at the Tanglewood Branch
project site. These services include two major components: 1) Stream restoration
maintenance activities that help to create long-term stability and 2) Vegetation
Management. Stream restoration maintenance activities include but will not be limited
to a) minor hand repairs of structural components of the restoration b) repair of soil
mattresses and c) re -setting of boulders that may become displaced. Riparian
enhancement and management activities include but are not limited to a) irrigation of
vegetation during summer months b) removal of invasive vegetation c) planting
additional native plants to enhance vegetation density and improve aesthetics and d)
enhancement of off -channel natural areas such as seeps, springs, and wetlands.
These funds are intended to cover costs associated with minor and routine maintenance
of the site. Repair of major damage to the project resulting from large and infrequent
flood events are not covered under this agreement and will be addressed though
supplemental agreements.
Section IV - Fees and Payments
WCRC will perform the above -referenced Scope of Services amounts not to exceed
$22,500 for this agreement.
Section V - Memorandum of Understanding in Effect
Except as amended specifically herein, the Memorandum of Understanding Fayetteville
shall remain in full force as originally approved.
THE CITY OF FAYETTEVILLE, ARKANSAS
IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly
executed as of the date and year first herein written.
FOR THE 0ITY OF FAYETTEVILLE
Date: % " 2�
• Y
FAYETT'r V1LLL @ -u w
Attest: '•,,�
Kara Paxton,4Ciit�yle�rkTjq&'��,af:e'�"'
FOR WATERSHED CONSERVATION RESOUCE CENTER
By: j &-'Q' �0-�*
Sandi 1Formica
.�/ Date: �_
A -
Attest:
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6141
File Number: 2018-0723
WATERSHED CONSERVATION RESOURCE CENTER MOU:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION
RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK
OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND
TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES
WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional
experts that strive 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; and
WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the
past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed
Conservation Resource Center has been instrumental in securing these grant funds due to its relationship
with federal grant agencies and a proven track record of successful stream restoration projects; and
WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for
cooperation between the Watershed Conservation Resource Center and the City to seek funding and
conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams
to a morphologically stable form utilizing a natural channel design approach and to work together on
nonpoint source related issues associated with reducing nutrients and improving riparian and other natural
areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Page 1 Printed on 114119
File Number: 2018-0723
Ordinance: 6141
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 Memorandum of
Understanding between the City of Fayetteville, Arkansas and Watershed Conservation Resource
Center to establish a general framework for cooperation to seek funding and conduct stream restoration
projects and to work together on nonpoint source related issues for the next five years.
PASSED and APPROVED on 1/3/2019
Attest:
Ld4---a 6,r
Sondra E. Smith, City Clerk Treasurer
Page 2 Printed on 114119
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
i Text File
M
File Number: 2018-0723
Agenda Date: 1/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 3
WATERSHED CONSERVATION RESOURCE CENTER MOU:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A
GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM
RESTORATION PROJECTS AND TO WORK TOGETHER ON NONP01NT SOURCE RELATED
ISSUES
WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts
that strive 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; and
WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the
past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed
Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with
federal grant agencies and a proven track record of successful stream restoration projects; and
WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for
cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct
stream restoration projects to achieve the common goal of restoring unstable sections of streams to a
morphologically stable form utilizing a natural channel design approach and to work together on nonpoint
source related issues associated with reducing nutrients and improving riparian and other natural areas.
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 Memorandum of Understanding between the City
of Fayetteville, Arkansas and Watershed Conservation Resource Center to establish a general framework for
cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source
related issues for the next five years.
City of Fayetteville, Arkansas Page 1 Printed on 11412019
City of Fayetteville Staff Review Form
2018-0723
Legistar File ID
1/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 12/12/2018 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed
Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct
stream restoration projects and other nonpoint source pollution related issues.
Budget Impact:
4470.621.8810-5817.00 Sales Tax Capital Improvement
Account Number
02097.1
Project Number
Budgeted Item? Yes
Fund
Stormwater Quality Management
Project Title
Current Budget $ 95,528.00
Funds Obligated $ 200.00
Current Balance
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? NA Budget Adjustment $ -
Remaining Budget 95,328.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 5645
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
_ FAYETTEVILLE
f ARKANSAS
MEETING OF JANUARY 3, 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: December 12, 2018
CITY COUNCIL MEMO
SUBJECT: Approval to waive competitive bidding and renew a Memorandum of
Understanding (MOU) with the Watershed Conservation Resource Center
(WCRC) outlining a general framework for cooperation to seek funding and
conduct stream restoration projects and other nonpoint source pollution
related issues.
RECOMMENDATION:
Staff recommends approval to waive competitive bidding and renew a Memorandum of
Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a
general framework for cooperation to seek funding and conduct stream restoration projects and
additional nonpoint source pollution related issues.
BACKGROUND:
In January of 2014 the City Council approved ordinance 5645 which waived competitive bidding
and approved the current MOU. This partnership has proven successful for many years as
described further below.
DISCUSSION:
The WCRC is a nonprofit 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 WCRC principals
are regional experts and local leaders in implementing natural channel design -based stream
restorations that meet multiple local and regional objectives relating to river channel instability,
water quality, ecological services and green infrastructure.
The WCRC and the City have successfully partnered on multiple projects throughout this
partnership. These projects have brought over $3,100,000 to the City for water quality and other
environmental improvements and have helped to create local partnerships and outreach
opportunities in the areas of river restoration, riparian enhancement, and watershed planning.
Seven stream and streambank restoration projects have been implemented that have resulted
in over 11,900 tons of sediment and 8,500 Ibs of total phosphorus reductions, annually from
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure,
and improved aesthetics of City Parks and other properties
WCRC has been instrumental in securing these grant funds due to their relationships with
Federal grant agencies and their proven track record of successful stream restoration projects.
This MOU will establish a continued partnership between the City and WCRC whereby the
WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville
and will allow the City the opportunity to quickly take advantage of opportunities identified. The
MOU is effective for a period of five years.
BUDGET/STAFF IMPACT:
The proposed agreement has no budgetary impact. As tasks are identified, the "task order" with
associated fee will be approved through the appropriate channels up to and including approval
by the Mayor and City Council.
Attachments:
Ordinance 5645
Updated Memorandum of Understanding (MOU)
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Understanding (MOU) is entered into and executed on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center,
hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE.
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration
projects to achieve the common goal of restoring unstable sections of streams to a
morphologically stable form utilizing a natural channel design approach and 2) to work together
on nonpoint source (NPS) related issues associated with reducing nutrients and improving
riparian and other natural areas. Innovative approaches will be used in designing and
implementing stream restorations that will result in improved water quality of the City's
watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial
habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties'
mutual interest.
B. STATEMI NT OF MUTUAL, INTE;'RI;STS AND BENEFITS
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural
resources by utilizing the watershed approach, conducting environmental outreach, and
providing planning and technical assistance to landowners, communities, and government. The
WCRC principals are regional experts and local leaders in implementing natural channel design -
based stream restorations that meet multiple local and regional objectives relating to river
channel instability, water quality, ecological services, and green infrastructure. This MOU is of
benel:it to the CITY OF FAYE'171'EVILLE because these activities will help to meet the
objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial
habitat restoration, improved water quality in the form of both phosphorus and sediment
reductions, reduced streambank erosion, and improve aesthetics of local streams and rivers. This
effort will also help to promote the use of alternatives to traditional channel modifications in
both urbanizing and rural areas.
The WCRC and the CITY OF FAYE'l-TEVILLF partnered and have obtained several grants for
restoring streams within the City and surrounding areas and for assessing streams for stability
and contaminant reduction. "These projects have brought over $3,100,000 to the City for water
quality and other environmental improvements and have helped to create local partnerships and
outreach opportunities in the areas of river restoration, riparian enhancement, and watershed
planning. Seven stream and streambank restoration projects have been implemented that have
resulted in over 11,900 tons of sediment and 8,500 lbs of total phosphorus reductions, annually
from streambank erosion, restored both aquatic and terrestrial habitat, protected City
infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently
has three active projects with the City and other partners to conduct more river restoration and
assess urban streams and riparian areas to identify priority sites in need of restoration. In
addition, the WCRC continues to monitor and maintain the four implemented stream restoration
sites.
C. FEES AND PAYMENTS
No fee is associated with this MOU. As projects are identified by the City, a Task Order
establishing the scope, fee, and payment terms for the project will be developed. The basis of
this fee and justification for the fee shall be contained in an Appendix attached to each Task
Order. Adjustment of the fee may be made should WCRC establish and the CITY OF
FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity
or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to
shorten the duration of work from the time period specified in the Agreement for completion of
work and such modification warrants such adjustment.
In consideration of the above premises, the parties agree as follows:
D. TIIE WCRC:
1. Shall seek funding opportunities for stream restoration projects and other projects
related to reduction of non -point source pollution.
2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the
City's procurement requirements, shall provide the services detailed in each Task Order.
Said tasks may include:
a. Identification of stream reaches that could benefit from stream restoration
and prioritize, in streams within the City limits.
b. Estimation of phosphorous reduction that would be realized for each priority
stream restoration project.
c. Assistance in developing grain applications for identified stream restorations
and other non -point source pollution assessment projects.
d. Vegetation establishment and management at City sponsored stream
restoration projects.
e. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS
related issues.
3. Shall accomplish other specific tasks as detailed in each Task Order.
4. Shall possess a valid contractor's license issued by the Arkansas Contractor's Licensing
Board when the cost of the work to be done on any project undertaken on behalf of the
City pursuant to this, MOU or any 'bask Order, including, but not limited to, labor and
materials, is fifty thousand dollars ($50,000.00) or more, as required by Ark. Code Ann.
17-25-101, el seq. A copy of the license shall be provided to the City at the time WCRC
submits its proposal for such a qualifying project.
E. TIIE CITY OF FAYETTEVILLE:
1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLE and the WCRC.
2. Shall assist with project activities and tasks.
3. Shall provide review and input into the final restoration designs.
4. Shall oversee activities and coordinate staff needed for implementation of the restoration
designs.
5. Shall provide documentation of all project activities and associated matching funds.
6. Recognizes that their participation in stream restoration and NPS projects acquired is an
integral component in carrying out a successful project that will result in improved water
quality and habitat restoration.
7. Shall accomplish other specific tasks as detailed in each Task Order.
F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES TIIAT:
1. FREEDOM OF INFORMATION ACT FOIA . CITY OF FAYETl-EVILLE contract and
doewnents prepared while performing city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed
for this compliance. Any information furnished to the WCRC under this instrument is subject to
the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual
consent of the parties. Changes, modifications, or amendments in scope (other than as
specifically established in this MOU), price or fees to this agreement shall not be allowed
without a prior formal contract amendment approved by the Mayor and/or the City Council in
advance of the change in scope, cost or flees.
3. PARTICI.PA'1'ION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYIETTEVILLE from participating in similar activities with other
public or private agencies, organizations, and individuals.
4. COMMLI ' ICEMLN'I L-'XI'IIZA'EION DATE. The instrument is executed as of the date ofthe
last signature and is effective for five years.
5. PRINCIPAI, CONI]ACT'. The principal contacts for this instrument are
Sandi Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: forinicarci?witter�hcdconscrv7tio
Chris Brown, P.E., City Engineer
City of Fayetteville
113 W: Mountain
Fayetteville, AR 72701
Phone: 479-575-8206
Fax: 479-575-8202
E-mail:cbrownyJla ctlevilie-u.t��'
Alan Pugh, Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: a p hfia ettevi I le-ar. ov
6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide
by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against
any person because of age, race, color, religion, sex, national origin, or disability.
JPI'A - A - �__
Sandi J. Formic , Executive Director
Watershed Conservation Resource Center
s
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
Dec- al I Z.ofS,
Date
01 D8 01�
ate
Date
11
ORDINANCE NO.5645
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
by the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service at a significant savings to the citizens of Fayetteville.
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
Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof)
between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center to
jointly seek funding and use such funding to design and construct stream restoration prc��ta tl�frP�
authorizes Mayor Jordan to sign such Memorandum. •��� E�`�` r rrC''�r
y g ��` Cry •' Y
PASSED and APPROVED this 7`" day of January, 2014. FAYETTEu1LLw
APPROVED: ATTEST:• •h
I/Ullifli111►���
By:iL�-
SONDRA E. SMITH, City Clerk/Treasurer
Lm
IBIT
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Understanding (MOU) is entered into and executed on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center,
hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE.
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration
projects to achieve the common goal of restoring unstable sections of streams to a
morphologically stable form utilizing a natural channel design approach and 2) to work together
on nonpoint source (NPS) related issues associated with reducing nutrients and improving
riparian and other natural areas. Innovative approaches will be used in designing and
implementing stream restorations that will result in improved water quality of the City's
watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial
habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties'
mutual interest.
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural
resources by utilizing the watershed approach, conducting environmental outreach, and
providing planning and technical assistance to landowners, communities, and government. The
WCRC principals are regional experts and local leaders in implementing natural channel design -
based stream restorations that meet multiple local and regional objectives relating to river
channel instability, water quality, and ecological services. This MOU is of benefit to the CITY
OF FAYETTEVILLE because these activities will help to meet the objectives of the City's
Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved
water quality in the form of both phosphorus and sediment reductions, reduced streambank
erosion, and improve aesthetics of local streams and rivers. This effort will also help to promote
the use of alternatives to traditional channel modifications in both urbanizing and rural areas.
The WCRC and the CITY OF FAYETTEVILLE partnered and have obtained several grants for
restoring streams within the City and surrounding areas and for assessing streams for stability
and contaminant reduction. These projects have brought over $2,300,000 to the City for water
quality and other environmental improvements and have helped to create local partnerships and
outreach opportunities in the areas of river restoration, riparian enhancement, and watershed
planning. Four stream and streambank restoration projects have been implemented that have
resulted in over 4000 tons of sediment and 3,700 lbs of total phosphorus reductions, annually
from streambank erosion, restored both aquatic and terrestrial habitat, protected City
infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently
has three active projects with the City and other partners to conduct more river restoration and
assess urban streams and riparian areas to identify priority sites in need of restoration. In
addition, the WCRC continues to monitor and maintain the four implemented stream restoration
sites.
C. FEES AND PAYMENTS
No fee is associated with this MOU. As projects are identified by the City, a Task Order
establishing the scope, fee, and payment terms for the project will be developed. The basis of
this fee and justification for the fee shall be contained in an Appendix attached to each Task
Order. Adjustment of the fee may be made should WCRC establish and the CITY OF
FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity
or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to
shorten the duration of work from the time period specified in the Agreement for completion of
work and such modification warrants such adjustment.
In consideration of the above premises, the parties agree as follows:
D. THE WCRC:
1. Shall seek funding opportunities for stream restoration projects and other projects
related to reduction of non -point source pollution.
2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the
City's procurement requirements, shall provide the services detailed in each Task Order.
Said tasks may include:
a. Identification of stream reaches that could benefit from stream restoration
and prioritize, in streams within the City limits.
b. Estimation of phosphorous reduction that would be realized for each priority
stream restoration project.
c. Assistance in developing grant applications for identified stream restorations
and other non -point source pollution assessment projects.
d. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS
related issues.
3. Shall accomplish other specific tasks as detailed in each Task Order
E. THE CITY OF FAYETTEVILLE:
1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLE and the WCRC.
2. Shall assist with project activities and tasks.
3. Shall provide review and input into the final restoration designs.
4. Shall oversee activities and coordinate staff needed for implementation of the restoration
designs.
5. Shall provide documentation of all project activities and associated matching funds.
6. Recognizes that their participation in stream restoration and NPS projects acquired is an
integral component in carrying out a successful project that will result in improved water
quality and habitat restoration.
7. Shall accomplish other specific tasks as detailed in each Task Order.
F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. FREEDOM OF INFORMATION ACT FOIA . CITY OF FAYETTEVILLE contract and
documents prepared while performing city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of information Act request is presented to the CITY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed
for this compliance. Any information furnished to the WCRC under this instrument is subject to
the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual
consent of the parties. Changes, modifications, or amendments in scope (other than as
specifically established in this MOU), price or fees to this agreement shall not be allowed
without a prior formal contract amendment approved by the Mayor and/or the City Council in
advance of the change in scope, cost or fees.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other
public or private agencies, organizations, and individuals.
4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the
last signature and is effective for five years.
5. PRINCIPAL CONTACT. The principal contacts for this instrument are:
Sandi Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: formica a &,atershedconservation.org
Chris Brown, P.E., City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Phone: 479-575-8206
Fax: 479-575-8202
E-mail: cbrown@ci_fayetteville.ar.us
Sarah Wrede, E.I., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: swrede(a)ci.fayetteyille.ar.us
6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide
by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against
any person because of age, race, color, religion, sex, national origin, or disability.
Sandi J. Fo xecutive Director
Watershed Conservation Resource Center
1z �9 t3
ate
Aioneld�Jord
or ate
City of Faye
4t'," Cc - J.'a. -
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
����►t rt n»>��
���3�LERK 1 TRFAYMEVP
LLE
Fgf��
Date
r
Sarah Wrede
Submitted By
City of Fayetteville Item Review Form
2013-0244
Legistar File Number
1 /7/2014
City Council Meeting Date -Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with
the Watershed Conservation Resource Center to establish a general framework for cooperation to
seek funding and conduct stream restoration projects and to work together on nonpoint source
related issues.
Does this item have a cost?
No
$0.00
Cost of this request
n/a
Account Number
n/a
Project Number
Category or Project Budget
$0.00
Funds Used to Date
$0.00
Remaining Balance
n/a
Program or Project Name
n/a
Program or Project Category
n/a
Fund Name
Budgeted Item? Budget Adjustment Attached? No
V20130812
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
/a-8-/3
-, i, — 9_/0 0 4 �
1 1�• 0 52 Vie.
ERE
You created this PDF fr an application that is not licensed to print to novaPDF printer (httpJ1www.novapdf.90m)
attL-le
ANSAS�
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Sarah Wrede, Staff Engineer
Date: December 18, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of January 7, 2014
Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the
Watershed Conservation Resource Center to continue a general framework for cooperation to seek
funding and conduct stream restoration projects and to work together on nonpoint source related
issues.
PROPOSAL
The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between
the Watershed Conservation Resource Center (WCRC) and the City of Fayetteville to 1) seek funding and conduct stream
restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form
utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated
with reducing nutrients and improving riparian and other natural areas.
The WCRC is a nonprofit 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 WCRC principals are regional experts and local leaders in implementing natural
channel design -based stream restorations that meet multiple local and regional objectives relating to river channel
instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over
$2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in
securing these funds due to their relationships with Federal grant agencies and their proven track record of successful
stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the
WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City
the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years.
RECOMMENDATION
Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding
with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and
conduct stream restoration projects and to work together on nonpoint source related issues.
BUDGETIMPACT
The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be
developed for approval by the Mayor and City Council.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with -the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service at a significant savings to the citizens of Fayetteville.
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
Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof)
between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center to
jointly seek funding and use such funding to design and construct stream restoration projects and
authorizes Mayor Jordan to sign such Memorandum.
PASSED and APPROVED this 7"' day of January, 2014.
APPROVED:
By:
ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
THIS MOU WAS UPDATED
PI.EASE SEE UPDATED VERSION
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of\blo;k,,
anding (MOU) is entered into and executed on the date indicated
below the signature y and between the Watershed Conowation Resource Center,
hereinafter referred toC, and the CITY OF FAYETTEViLL'P-.
A. PURPOSE
The purpose of this MOU is to es blish a general fra wort{ for cooperation between the
WCRC and the CITY OF FAYETTE ILLE to I) seek f riding and conduct stream restoration
projects to achieve the common gal of restorin unstable sections of streams to a
morphologically stable form utilizing a tur
on nonpoint source (NPS) related issue
riparian and other natural areas. Irmo
implementing stream restorations that will
watersheds and will address severe streamb
habitat and maintaining a sustainable, natural
mutual interest.
cannel design approach and 2) to work together
:ia4 with reducing nutrients and improving
�proaches will be used in designing and
4 in improved water quality of the City's
erosion, while restoring aquatic and terrestrial
,rology. Such cooperation will serve the parties'
B. STATEMENT OF MUTUAL iNTERL7STS AND I�ENEFITS
The WCRC is a nonprofit organizat' n that strives to rotect, conserve, and restore natural
resources by utilizing the wateIsistance
ed approach, cond ring environmental outreach, and
providing planning and technical a to landowners, ommunities, and government. The
WCRC principals are regional ex eras and local leaders in im lementing natural channel design -
based strearn restorations that rneet multiple local and regi nal objectives relating to river
channel instability, water qua[' y, ecological services, and green 'nfi•astructure. This MOU is of
benefit to the CITY OF F YETTEVILLE because these act ities will help to meet the
objectives of the City's N trient Reduction Plan and will lead t both aquatic and terrestrial
habitat restoration, impr ved water quality in the form of both phosphorus and sediment
reductions, reduced stre, nbank erosion, and improve aesthetics of loc streams and rivers. This
effort will also help t prornote the use of alternatives to traditional hannel modifications in
both urbanizing and r ral areas.
The WCRC and tl CITY OF FAYETTEVILLE partnered and have obtained several grants for
restoring streams within the City and surrounding areas and for assessing streams for stability
and contamin/)rtunities
reduction. These projects have brought over $3,100,000 to the City for water
quality and oenvironmental improvements and have helped to create local partnerships and
outreach opp in the areas of river restoration, riparian enhancement, and watershed
planning. Seven strearn and streambank restoration projects have been implemented that have
resulted in over 11,900 tons of sediment and 8,500 Ibs of total phosphorus reductions, annually
THIS MOU WAS UPDATED
PLEASE SEE UPDATED VERSION
fi-om streambank erosion, restored both aquatic and terrestrial habitat, protected City
infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently
has three active projects with the City and other partners to conduct more river res oration and
assess urban streams and riparian areas to identify priority sites in need of r Otoration. In
addition, the WCRC continues to monitor and maintain the four implemented str m restoration
sites.
C. FEES AND PAYMENTS
No fee is ass eiated with this MOU. As projects are identified by ie City, a Task Order
establishing the cope, fee, and payment terms for the project will b developed. The basis of
this fee and justi ation for the fee shall be contained in an App ndix attached to each Task
Order. Adjustmen of the fee may be made should WCRC establish and the CITY OF
FAYETTEVILLE agi �e that there has been, or is to be, a signifi nt change in scope, complexity
or character of the ser 'ces to be performed; or if the CITY OF FAYETTEVILLE decides to
shorten the duration of rk from the time period specified n the Agreement for completion of
work and such modificatio warrants such adjustment.
In consideration of the above'premises, the parties agre/as follows:
D. THE WCRC:
1. Shall seek funding opp -t]
related to reduction of non-
2. Upon approval of specific T
City's procurement requiren
Said tasks may include:
a. Identification of
and prioritize, in
b. Estimation of ph
cities fors cam restoration projects and other projects
int source ollution.
•Ic Order by the Mayor or City Council, as required by the
S. s 11 provide the services detailed in each Task Order.
tre reaches that could benefit from stream restoration
r ms within the City limits.
Eiorou reduction that would be realized for each priority
stream restoratiZeloping
project.
c. Assistance in .gr\miagement
tions for identified stream restorations
and other no point source sessment projects.
d. Vegetation tablishment anat City sponsored stream
restoratio projects.
e. Assistan e to the CITY TEVILLE in addressing other NPS
related-ssues.3. Shall accomplish other specific tasks aeach Task Order
E. THE CITY OF FA ETTEVILLE:
1. Shall coordi to all activities within the City of Faye eville Divisions and Departments
and /eethe CITY OF FAYETTEVILLE and the RC.
2. Shalith project activities and tasks.
3. Shalreview and input into the final restoration desi ns.
4. Shalactivities and coordinate staff needed for imple ientation of the restoration
desi5. Shal documentation of all project activities and associated matching funds.
2
THIS .MOU WAS UPDATED
PLEASE SEE UPDATED VERSION
6. Recognizes that their participation in stream restoration and NPS projects acquired is an
integral component in carrying out a successful project that will result in improved water
quality and habitat restoration.
7. Shall accomplish other specific tasks as detailed in each Task Order.
F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. FREEDOM OF INFORMATION ACT (FOIA), CITY OF FAYETTEVILLE contract and
documents prepared while performing city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of Information Act request is presented to the TY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents i a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act (A. .A.. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA y be assessed
for this compliance. Any information furnished to the WCRC under this ins�41
it is subject to
the Freedom of Information Act (5 U.S.C. 552),
2. MODIFICATION. Modificat ns within the scope of the instrument all be made by mutual
consent of the parties. Change modifications, or amendments st scope (other than as
specifically established in this M ), price or fees to this afire shall not be allowed
without a prior formal contract amen lent approved by the M�4r,,enl
and/or the City Council in
advance of the change in scope, cost or es.
3. PARTICIPATION IN SIMILAR AC '
WCRC or the CITY OF FAYETTEVILL
public or private agencies, organizations, and
4. COMMENCEMENVEXPIRATION DATE.
last signature and is effective for five years.
5. PRINCIPAL CONTACT. The principal
Sandi Formica, Executive Director
Watershed Conservation Resourc
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-191
Cell Phone: 501-352-5) 2
Office Fax: 928-396 46
E-mail: formicarci4water edconser
Chris Brown, P.E City Engineer
City of FX4-575-8206
le
1 l 3 Wn
Fayette72701
Phone:
Fax:-8202
E-mail_�fa ettcvi[le-ar. ov
ument in no way restricts the
in similar activities with other
instrument is executed as of the date of the
this instrument are:
Alan Pugh, Staff E. �ineer
City of Fayetteville
Phone: 479-575-8206
E-mail: anus-,h(Wavettevi
3
THIS .MOU WAS UPDATED
PLEASE SEE UPDATED VERSION
6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide
by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against
anv narenn hPrance of ncvP rneP. rnlnr relivinn ap.x natinnnl nrioin nr dicshility