NCS000431_WPCOG Agreement_20180701

AGREEMENT BETWEEN THE
WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND
THE CITY OF CONOVER
FOR ASSISTANCE IN-S(7PP6RTING TII1 WESTERN PIEDMONT
11
/TORMWATER PARTNERSHIP ��
JULY 1, 2018 — JUNE 30, 2019
This AGREEMENT>Q-be effective on the 1 st day of Julys ;Dd as' `by and between the Western
Piedmont Council of Governnneuts`(liereinafter referred`ro a tsa he "Planning Agency") and the City of
Conover, North Carolina (hereinafter referred to as the "Local Government");
WITNESSETH THAT:
WHEREAS, the Local Government is required to provide adequate staffing and funding to
support the NPDES Phase II six minimum measures, including Stormwater Public Education and
Outreach Program ("Stormwater Partnership" hereinafter) ; and
WHEREAS, the Planning Agency is empowered to provide technical assistance to local
governments by the North Carolina General Statutes and by resolution passed by the Planning
Agency on April 17,1972; and
WHEREAS, the Local Government has requested the Planning Agency to provide such
technical assistance to support the Stormwater Education and Outreach Program through a
Stormwater Partnership and;
WHEREAS, the Planning Agency desires to cooperate with the Local Government in
providing technical assistance and services and that the proposed assistance and services are carried
out in an efficient and professional manner.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Services. The Planning Agency will provide technical assistance to the
Western Piedmont Stormwater Partnership. Technical assistance shall consist of the
services described in EXHIBIT A, which is incorporated more fully by reference
herein.
2. Personnel. The Planning Agency will furnish the necessary trained persomrel to the
Local Government.
3. Office/Equipment, The Planning Agency will provide office space, miscellaneous
office supplies, office equipment, software, and hardware necessary to perform the
work described in this contract,
4. Compensation. The Local Government will pay the Planning Agency a regional
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Stormwater Partnership fee for services provided as part of the Agreement as
outlined in Exhibit B. Fees are determined by two factors: a flat participation fee of
$1,000 and a proportional fee based on latest population numbers. The City of
Conover's calculated Stormwater Partnership fee for the period beginning July 1,
2018 and ending Anne 30, 2019 is not to exceed Three Thousand and Sixty Four
Dollars ($3,064). The Planning Agency will bill the Local Government for the full
amount. However, if requested, quarterly payments are optional at the request of local
governments. Payment will be due from the Local Government within thirty (30)
days of receipt of the invoice.
S. Non -salary Expenses. (a) The Planning Agency personnel's local travel mileage
will be considered to be a part of the Scope of Work as outlined in Exhibit A.
(b) The Stormwater Partnership will pay for personnel's travel expenses related to
attendance of conferences, conventions, and seminars if the events are related to the
development of the Stormwater Partnership's education program and if the
Stormwater Partnership's has requested or pre -approved Planning Agency
personnel's request to attend the events. Travel expenses shall include registration
fees, hotel expenses, meals, and mileage. The Stormwater Partnership will pay for
hotel, meals, and mileage costs at the prevailing local government rate. In the event
the Planning Agency and the Stormwater Partnership determine that it is beneficial to
both parties for personnel to attend a particular conference, convention or seminar,
travel expenses will be compensated out of non -salary program budget.
6. Termination. The Local Government may terminate the Contract by giving the
Planning Agency a thirty -day written notice.
7. Modifications. This Agreement represents the entire understanding of the parties
and may not be amended, altered, or modified in any manner without the mutual
written consent of both parties.
8. Time of Performance. The Planning Agency shall ensure that all services required
herein shall be completed during the period beginning July 1, 2018 and ending June
30, 2019,
9. Interest of Members Officers or Employees of the Planning Aaency, Members
of the Local Government, or Other Public.. Officials. No member, officer, or
employee of the Planning Agency or its agents; no member of the governing body of
the locality in which the program is situated; and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to
the program during his tenure or for one year thereafter, shall have any financial
interest, either direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the program assisted under this
Agreement. Immediate family members of said members, officers, employees, and
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officials are similarly barred from having any financial interest in the program. The
Planning Agency shall incorporate or cause to be incorporated in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to the purpose of this
section.
10. Nondiscrimination Clause. No person in the United States shall on the grounds of
race, color, national origin, or sex be excluded from participation in, be decried the
benefits of, or be subjected to discrimination with any program or activity funded in
whole or in part with funds available under the Housing and Community
Development Act of 1974, Section 109.
11, Age Discrimination Act of 1975, as amended. No qualified person shall on the
basis of age be excluded from participation in, be denied the benefits of, or otherwise
be subjected to discrimination under any program or activity which receives or
benefits from federal financial assistance.
12. Section 504, Rehabilitation Act of 1973, as amended. No qualified handicapped.
person shall, on the basis of handicap be excluded from participation in, be denied
the benefits of, or otherwise be subjected to discrimination under any program or
activity which receives or benefits from federal financial assistance.
13. Workers Compensation Insurance. The Planning Agency shall furnish workers
compensation insurance for Agency personnel in accordance with North Carolina
state statutes.
14. Automobiles. The Planning Agency does not provide automobiles or auto insurance
to employees. All Agency personnel are required to have a valid driver's license,
insurance, and a vehicle that can be used for Agency purposes.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LOCAL GOVERNMENT:
CITY OF CONOVER
By: / �, , . I- -- 0
City Mwfaicr
Attest:
By: lu �
City Cleric
PLANNING AGENCY:
WESTERN PIEDMONT COUNCIL OF
Chairman
Planning Agency:
C Za, WA
Preaudit statement:
This instrument has been preaudited in the manner prescribed by the Local Government Budget and
Fiscal Control Act.
By:/�.
Local Government Finance
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