HomeMy WebLinkAbout90-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 90-23
File Number: 2023-509
2023 MS4 EDUCATION AGREEMENT:
A RESOLUTION TO APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $41,812.00 FOR A STORMWATER
EDUCATION PROGRAM FOR 2023 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 $41,812.00 for a Stormwater
Education Program to be provided in 2023 by the University of Arkansas Cooperative Extension Service to satisfy
portions of the NPDES Phase II Stormwater Regulations.
PASSED and APPROVED on April 4, 2023
Page 1
Attest:
rh
e.GAT Y %,, •;'.:'•,
_ ;
Kara Paxton, City 1 Treasurer
FAYE TTEVi'.L'
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3�, �41..r .: t' :'..� �o
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CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 4, 2023
CITY COUNCIL MEMO
2023-509
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE:
SUBJECT: Approval of an agreement in the amount of $41,812 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 approving an agreement in the amount of $41,812 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)
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.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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: SRF-MS4 Education Agreement, MOU 2023 Fayetteville, Cost_Allocation_2023, SWMP -
Stormwater Education 2020-2024, Ord 6282 Stormwater Education
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-509
Approval of an agreement in the amount of $41,812 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
A RESOLUTION TO APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST
ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $41,812.00 FOR A
STORMWATER EDUCATION PROGRAM FOR 2023 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 $41,812.00 for a Stormwater Education Program to be provided in 2023 by the University of
Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase II Stormwater
Regulations.
Page 1
City of Fayetteville Staff Review Form
2023-509
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 3/2/2023 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of an agreement in the amount of $41,812 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:
4470.621.8810-5314.00
Sales Tax Capital Improvements
Account Number Fund
02097.1 Stormwater Quality Management (Stormwater
Quality Mgmt/Nutrient Reduct)
Project Number
Budgeted Item? Yes Total Amended Budget
Expenses (Actual+Encum)
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 208,391.00
$ 3,650.96
204,740.04
$ 41,812.00
162,928.04
V20221130
Previous Ordinance or Resolution # Ord 6282
Approval Date:
FAYETTEVILLE
MEMORANDUM OF UNDERSTANDING FOR THE MS4
JURISDICTIONS OF NORTHWEST ARKANSAS AND THE
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
WHEREAS, 17 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 Energy and Environment — Office of Water
Quality (DEQ), 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 DEQ 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
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, 2023— December 31, 2023), 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 NWARPCfrom 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 this' t-th day of Al2rd 2023 .
MT Hawkins
Director
NWARPC
W
FAYETTEVILLE OFFICIAL
FAYETTEVILLE
2023 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 20 MS4 Collaborating Jurisdictions
Jurisdiction
Urbanized Area
Population
Total Population
% Urbanized Area
Population
$2,000 Base + %
Urbanized Area
Greenland
721
1,294
0.24%
$2,438.52
Elm Springs
973
1,535
0.33%
$2,591.79
Cave Springs
969
1,931
0.33%
$2,589.36
Tontitown
71
2,460
0.02%
$2,043.18
Little Flock
1,742
2,585
0.59%
$3,059.51
Elkins
1,991
2,648
0.67%
$3,210.96
Johnson
3,123
3,354
1.06%
$3,899.46
Prairie Grove
69
4,380
0.02%
$2,041.97
Pea Ridge
4,298
4,794
1.46%
$4,614.11
Farmington
4,964
5,974
1.68%
$5,019.18
Lowell
6,574
7,327
2.23%
$5,998.41
Centerton
9,135
9,515
3.10%
$7,556.05
Bella Vista
22,841
26,461
7.74%
$15,892.26
U of A
5,801
27,503
1.97%
$5,528.26
Bentonville
33,801
35,301
11.45%
$22,558.31
Washington County
1,868
203,065
0.63%
$3,136.15
Benton County
5,339
221,339
1.81%
$5,247.27
Rogers
54,897
58,895
18.60%
$35,389.24
Springdale
70,447
73,119
23.87%
$44,847.00
Fayetteville
65,457
73,580
22.18%
$41,812.00
Program Totals 295,081 100.00% $219,473.00
Note: Budget year runs from January 1 through December 31 of each calendar year
* These dollar breakouts assume all jursidictions participate
$ 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.
F FPYETT
9 q,T NSNS
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 2O24 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 216120
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
Attest:
ER K
Kara Paxton, City Clerk Treasurer4����0•• C1TY0�,yJ,'%
.G
—�• y E
Page 2 Printed on 216120
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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 2O24 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 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 21512020
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 II Stormwater Regulations.
City of Fayetteville, Arkansas Page 2 Printed on 21512020
Alan Pugh
Submitted By
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
1/17/2020
Submitted Date
Action Recommendation:
ENGINEERING (621)
Division / Department
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
4470.621.8810-5817.00
Account Number
02097.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvements
Fund
Stormwater Quality Management (Stormwater
Quality Mgmt/Nutrient Reduct)
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 160,000.00
$ 160,000.00
$ 42,591.06
$ 117,408.94
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
® FAYETTEVILLE
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
CITY COUNCIL MEMO
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 11 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
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
1311 Clayton St., Springdale, Arkansas, 72762
fffti
SnOV
(479) 7517125 m http://nwarpc.org
comrrii�slore
September 24, 2019
Alan Pugh,
It.
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-silkwood C&nwarac.ore
479-751-7125 ext. 106
FAYETTEVILLE
MEMORANDUM OF UNDERSTANDING FOR THE M54
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 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
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.
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Dated th/s l �'�v of i' e bruk a�' u _ . 2m.
Jeff HaWkil(sl
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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/Particivation 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.