07 D CPCC Interlocal Agreement

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STATE OF NORTH CAROL_TNA STORM WATER. MANAGEMENT PROGRAM
1FNgERLOCAL AGREEMENT
C�UNTY ®F l�C=�.E1\T3URG CENTZAG PYEDliiiQ31\`T COMMUNITY C,®Li.EGr'
11�+ 1� T X� k�tir�AUaVJL
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AGREEMENT
l 3IS AGREEi+11�NT made as of April 1, 2010, by and between Ivi CI�LL N� C�LTl i T ' -
a political subdi.rision of the State of North. Carolina (hereinafter "County") and Cct.: -
Pied.morat �Co> m comity Co1l�lege, a public entity of the State of Nord- Carolina located in
Charlotte, North Carolina (hereinafter "CPCC").
WITNESSETH:
��THEREAS, CPCC is required by p'ederal law {40 CFIZ 12232} to obtain a National
)l want Discharge Elimination System {NPDES) Phase Il Storm Water Permit; and
�UHEREAS, the County and the Towns of Cornelius, I9avidson, Iluntersville, Matthews,
Mint Mill and Pineville currently hold a joint NPDES Phase II Stoma Water Permit (permit #
NCS000395) (hereinafter "Joint Permit") that is to be renewed effective July 1, 2010; and
WHEREAS, ail the cu_rrenx Joint Permit holders aad the I�T_C. i�egaA-dnent of
Environment Natural Resources, which is the agency who issued the Joint Permit, agree to allow
CPCC to become covered by this Joint Permit, as renewed; and
EU�-IEREAS, the County is responsible for administering this Jo<nt Pe_� coif; and
�NTPIIEREAS, CPCC desires to ob aim coverage under this 3oint Permit upon renewal
rather than obtain an individual Phase II Stonn Water Permit; and
WfIERBAS, the purpose of this Agreement is to sex for'da the roles and responsibilities c_
he County and CPCC associated va th this Joint Permit as renewed as weL as he method for
Among activities performed by 1V_(ecklenburg County for Joint Per nit compliance.
NOW E'HEiZEFORE, IN CONSIDERATION OF THE PREiVIiSES AND THE
,,"LrILLMENT OF TI�x, TERMS OF THIS AGREEMENT, THE COUNTY ANl�3 CPCC
3REE AS FOLLOWS:
1. Joint Permit — Following appzoval and issuance by the N.C. Depa�tTtxent of
Env�rormaent Na'nsal Resources, CPCC shall be included under the renewed 3oint Permit
currently administered by the County and held jointly by the County and the Towns of Comelius,
Davidson, Huntersville, Matthews, Mint Hill and Pineville (permit # NCS000395).
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2. Storm Sewer System Maintenance — CPCC is responsible for the operation and
maintenance of the storm sewer systems and associated ir_frastcvctuure located at those iacilai=es
that they own and/or operate.
3. Water Cuallty — CPCC 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 uher laws and regulations that may
apply to CPCC. However, on behalf of CPCC, the County will fulfill the National_ Pollutant
Discharge Elirnmation System ( PDES) Phase lI Storin eater Permit rETLUTernents for CPCC
provided the CPCC cooperates with the County in the completion of specific measures at CPCC
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 lI 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 CPCC describing the activities the
County will perform, to fulfill the Joint Permit requirements on behalf of CPCC. 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 CPCC concerning Joint Permit activities
and compliance. CPCC 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 CPCC.
�.
Financia-a;r —The County shall include the
costs associated
with the activities
necessary
for compliance with Joint Permit requirements
in the annual Work Plan described in
43 above.
CPCC shall agree to these costs prior to the
implementation of
activities for Joint
Permit compliance
by the County. The County shall
submit to CPCC a
quarterly invoice
indicating
the activities performed and associated costs that
shall subsequently
be paid by CPCC.
5. CPCC's Cbli ag bons —CPCC agrees to implement the actions necessary to ensure
Joint Permit compliance as specified by the County. CPCC hereby a'iants the County the right to
go upon properties and facilities that CPCC ovens and/or operates for put -poses of carrying out its
responsibilities hereunder.
6. Cc IQ €obligations —The County agrees to implement t!e actions necessary for
compliance with Joint Permit requirements as described in the: annual Work Plan and to provide
quarterly reports to CPCC regarding activities completed and associated costs.
7. Indemnity of CPCC —The County agrees to indemnify and hold CPCC harmless
from and against any and all claims, liabilities, damages and expenses, including aiiomey's fees,
57om actions taken by the Count; under this Agreement, or from CPCC's implementation of
actions for compliance with Joint Permit requirements as specified by the Country_ This
provision shall survive the termination_ of this Agreement.
�. Indemnity of County —CPCC agrees to indemnify and hold the County 12arr_+rless
iYom and against any and all claims, liabilities, damages and expenses, including attor?rey's fees,
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arising mom CPCC's failure to implement the actions necessary to ensure Joint Permit
compliance as specified by the County. Any action(s) or lack thereof on sae part of CPCC
resulting in noncompliance with Joint Permit requirements are the responsibility of CPCC and
not the County and any subsequent penalties or other actions on the part of Jdae regulatory agency
are the sole responsibility of CPCC. This provision shall survive the termination of this
Agreement.
9. tV_+ethods of Amending the Agreement — This Agreement may not be amended
except by subsequent written agreement authorized by the governing bodies of each Daily ant
signed by authorized representatives of both patties.
1 fl. Term of Agreement — Methods of Terminating he Agreement —The ial 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 waiting at least 18
months prior to the beginning of the fiscal year when termination is intended. For example, the
Parties agree hat 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 io be relieved on its obligations under
this Agreement. This Agreement shall automatically tenninate if for whatever reason, CPCC 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 patties a,�-cee that the remedy of specifzc
performance would be an appropriate remedy, among others, for the enforcement of this
Agreement.
12. Entire Agreement — This Agreement is the entire agreement of the Dailies.
lIV VJITN.I;SS �V%1ERE®F, the parties hereto have caused'ib�s Agreement to be executed
as of the day and year first above written by the authorty duly granted by their respective
governing bodies.
CENTl21li, PiEl7IVd®NT COi�€JNITY 1�CKLENBLTi�C CC€N T �'
CL3LLEC3E
o —IL 6AZ
Chaamas of Board C J rman, BoT of Connuiissioners
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APPROVED AS TO FORM
County Attorney
I � A
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