07 B CMS Interlocal Agreement

STATE OF NORTH CAROLINA STORM WATER MANAGEMENT PROGRAM
INTERLOCAL AGREEMENT
COUNTY OF MECKLENBURG THE CHARLOTTE-MECKLENBURG BOARD
OF EDUCATION
STORM WATER MANAGEMENT PROGRAM INTERLOCAL
AGREEMENT
THIS AGREEMENT made as of April 1, 2010, by and beriveen MECKLENBURG COUNTY,
a political subdivision of the State of North Carolina (hereinafter "County"), and THE
CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, a public entity of the State of
North Carolina located in Charlotte, North Carolina (hereinafter "CMBE").
WITNESSETH:
WI-IEREAS, the CMBE is required by Federal law (40 CFR 122.32) to obtain a National
Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Permit; and
WHEREAS, the County and the Towns of Cornelius, Davidson, Huntersville, Matthews,
Mint Hill and Pineville currently hold a joint NPDES Phase It Storm Water Permit (permit #
NCS000395) (hereinafter "Joint Permit") that is to be renewed effective July 1, 2010; and
WHEREAS, all the current Joint Permit holders and the N.C. Department of
Environment Natural Resources, which is the agency who issued the Joint Permit, agree to allow
,MBE to become covered by this Joint Permit, as renewed; and
WHEREAS, the County is responsible for administering this Joint Permit; and
WI-IEREAS, the CMBE desires to obtain coverage under this Joint Permit upon renewal
rather than obtain an individual Phase II Storm Water Permit; and
WI-IEREAS, the purpose of this Agreement is to set forth the roles and responsibilities of
the County and CMBE associated with this Joint Permit as renewed as well as the method for
funding activities performed by Mecklenburg County for Joint Permit compliance.
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND TFIE
FULFILLMENT OF THE TERMS OF THIS AGREEMENT, THE COUNTY AND CMBE
AGREE AS FOLLOWS:
1. Joint Permit —Following approval and issuance by the N.C. Department of
Environment Natural Resources, the CMBE shall be iuchrded under the renewed Joint Permit
currently administered by the County and held jointly by the County and the Towns of Cornelius,
Davidson, Huntersville, Matthews, Mint Hill and Pineville (permit # NCS000395).
RBCNB:165238:1/ I S/2010
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2. Storm Sewer System Maintenance — The CMBE is responsible for the operation
and maintenance of the storm sewer systems and associated infrastructure located at those
facilities that they own and/or operate.
3. Water Quality —The CMBE is responsible for protecting the quality of storm
water runoff and surface waters at those facilities that they own and/or operate to the extent
required by the Clean Water Act and associated regulations promulgated by the United States
Environmental Protection Agency and/or the State of North Carolina, and other laws and
regulations that may apply to the CMBE. However, on behalf of the CMBE, the County will
fulfill the National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water
Permit requirements for the CMBE provided the CMBE cooperates with the County in the
completion of specific measures at the CMBE facilities necessary for compliance with Joint
Permit requirements, including but not limited to proper maintenance and housekeeping as well
as pollution prevention measures and other best management practices. The County will draft
the required NPDES Phase II Storm Water Permit application for renewal and forward to the
State for approval. The County will subsequently develop an annual Work Plan to be reviewed
and approved by the CMBE describing the activities the County will perform to fulfill the Joint
Permit requirements on behalf of the CMBE. The Work Plan (including the costs to be charged
to CMBE) shall be submitted to CMBE prior to April I of each calendar year of the term hereof.
Consistent with the agreed upon Work Plan, the County will implement the requirements of the
Joint Permit when issued by the State and provide regular reports to the CMBE concerning Joint
Permit activities and compliance. The CMBE will perform the activities necessary as directed
by the County to support the implementation of the Joint Permit. The County will also respond
to citizen requests for service regarding water quality problems and concerns and enforce
applicable local surface water quality regulations at those facilities owned and/or operated by the
CMBE.
4. Financing — The County shalt include the costs associated with the activities
necessary for compliance with Joint Permit requirements in the annual Work Plan described in
#3 above. The CMBE shall agree to these costs prior to the implementation of activities for Joint
Permit compliance by the County. The County shall submit to the CMBE a quarterly invoice
indicating the activities performed and associated costs that shall subsequently be paid by the
CMBE.
5. CMBE's Obligations —The CMBE agrees to implement the actions necessary to
ensure JoinC Permit compliance as specified by the County. The CMBE hereby grants the
County the right to go upon properties and facilities that CMBE owns and/or operates for
purposes of carrying out its responsibilities hereunder.
6. Conn ,,ty s Obligations —The County agrees to implement the actions necessary for
compliance with Joint Permit requirements as described in the annual Work Plan and to provide
quarterly reports to CMBE regarding activities completed and associated costs.
7.
Lrdenmity
of
CMBE
—The
County agrees to indemnify and hold the CMBE
harmless
from and against
any and
all claims, liabilities, damages and expenses, including
attorney's
fees, from actions
taken by
the County tinder this Agreement, or from the CMBE's
ascwe: t6szsa: vtsizo to
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implementation of actions for compliance with Joint Permit requirements as specified by the
County. This provision shall survive the termination of this Agreement.
8. Indemnity of County —CMBE agrees to indemnify and hold the County harmless
from and against any and all claims, liabilities, damages and expenses, including attorney's fees,
arising from CMBE's failure to implement the actions necessary to ensure Joint Permit
compliance as specified by the County. Any action(s) or lack thereof on the part of CMBE
resulting in noncompliance with Joint Permit requirements are the responsibility of CMBE and
not the County and any subsequent penalties or other actions on the part of the regulatory agency
are the sole responsibility of the CMBE. This provision shall survive the termination of this
Agreement.
9. Methods of Amending the Ag<eement —This Agreement may not be amended
except by subsequent written agreement authorized by the governing bodies of each party and
signed by authorized representatives of both parties.
10. Term ofAgreement— Methods of Terminatin tfg �e Agreement— The initial term
of this Agreement shall be from April 1, 2010 to June 30, 2011, and shall be automatically
renewed each fiscal year thereafter unless notice of non -renewal is given in writing at least 18
months prior to the beginning of the fiscal year when termination is intended. For example, the
parties agree that if the notice of non -renewal were given prior to January 1, 2011, this
Agreement would terminate on June 30, 2012. This Agreement may also be terminated by court
order upon the finding that there has been substantial breach of this Agreement by the non -
complaining party so as to entitle the complaining party to be relieved on its obligations under
this Agreement. This Agreement shall automatically terminate if, for whatever reason, CMBE is
not included in the Joint Permit that is renewed for the period beginning July 1, 2010, or if they
cease to be included in the Joint Permit,
11. Enforcement of Agreement —The parties agree that the remedy of specific
performance would be an apptopr ate remedy, among others, for• the enforcement of this
Agreement.
12, Entire Agreement — This Agreement is the entire agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written by the authority duly granted by their respective
governing bodies.
THE CHARLOTTE-MECKLENBURG BOARD
OF EDUCATION
Chairman, Board of Education
aecws: t6szss: vt si2o to
MECKLENBURG COUNTY
C irman, Bo rd bf Commissioners
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(SEAL)
(SEAL)
Superintendent Jerk to the Board
APPROVED AS TO FORNt
Attorney to Board
This instrument has been preaudited
in the manner required by the School
Budget and Fiscal Control Act.
gar
Director of Finance
Charlotte -Mecklenburg Boar of Education
RBC\VB:165238: t/15/2010
€ r ='1/oaOIo�-
APPROVED AS TO FORM
This insh•ument has been preaudited
in the manner required by the Local
Govermnent Budg nd Fiscal Control
Act.
Director of Finance
Mecklenburg County
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s

THE CHARLOTTE-MECKLENBURG BOARD OF EDUCATION
RESOLUTION AUTHORIZING EXECUTION OF
WATER QUALITY SERVICES INTERLOCAL AGREEMENTS WITH
MECKLENBURG
COUNTY
WHEREAS, Mecklenburg County (County) and The Charlotte -Mecklenburg Board of
Education (CMBE) wish to enter into an interlocal agreement for water quality services; and
WHEREAS, CMBE and the County have the power pursuant to General Statute 153A-
445(a)(1) and Article 20 of Chapter 160A of the North Carolina General Statutes to contract with
the other for the exercise of any governmental function which they have been granted the power
to exercise alone, and to enter into interlocal cooperation agreements to specify the details of
these undertakings; and
WHEREAS, CMBE requests that the County conduct the activities necessary to fulfill
the National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Permit
requirements for CMBE with the understanding that CMBE will cooperate with the County in
the completion of specific activities at their facilities to ensure permit compliance, including but
not limited to proper maintenance and housekeeping as well as pollution prevention measures
and other best management practices as specified in the attached agreement; and
WHEREAS, N.C. Gen. Stat. § 160A-461 requires that such agreement "...shall be
ratified by resolution of the governing board of each unit spread upon its minutes"; now,
therefore, be it
RESOLVED by The Charlotte -Mecklenburg Board of Education (i) does hereby approve
the Water Quality Services Interlocal Agreement with the County and (ii) authorizes the
Superintendent to (a) execute such Agreement in substantially the form attached to this
resolution and (b) execute and deliver such other documents, certificates, undertakings,
agreements and other instruments as, with the advice of counsel, he may deem necessary or
appropriate to effectuate the compliance with applicable storm water and water quality legal
requirements including without limitation any Declaration of Covenants or other similar
documents required by local ordinances; and (iii) that this resolution shall be spread upon the
minutes.
Approved as to form:
Attorney for The Charlotte -Mecklenburg Board of Education
CERTIFICATION
I, Nancy Daughhidge, Clerk of The Charlotte -Mecklenburg Board of Education, DO HEREBY
CERTIFY that the foregoing is a hue and exact copy of a resolution adopted by The Mecklenburg Board Board of Education, in regular session convened on the 9"' day of March 2010.
WITNESS my hand and the common seal of the County of Mecklenburg, North Carolina, this
the I7_L' day of A j , 2010.
Nancy Datridge, Nerk to T4Charlotte-
Mecklenburg Board of Education