NCS000397_Newton WPCOG Agreement_20210830

AGREEMENT BETWEEN THE
WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND
THE CITY OF NEWTON
FOR ASSISTANCE IN SUPPORTING THE WESTERN PIEDMONT
STORMWATER PLANNING AND ADMINISTRATION
JULY 1, 2020 — JUNE 30, 2021
This AGREEMENT, to be effective on the 1 st day of July, 2020, by and between the Western
Piedmont Council of Governments (hereinafter referred to as the "Planning Agency") and the City of
Newton, 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, Public Involvement and Participation, Illicit Discharge Detection and Elimination,
Construction Site Stormwater Runoff Control, Post -Construction Storm Water Management in New
Development and Redevelopment, and Pollution Prevention/Good Housekeeping for Municipal
Operations. ("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 NPDES Phase II six minimum measures 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 personnel 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
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work described in this contract.
4. Compensation. The Local Government will pay the Planning Agency a regional
Stormwater Partnership fee for services provided as part of the Agreement as
outlined in Exhibit A. The City of Newton's calculated Stormwater Partnership fee
for the period beginning July 1, 2020 and ending June 30, 2021 is not to exceed
$32,396 (thirty-two thousand three hundred and ninety-six dollars). These fees will
be billed in twelve equal monthly payments of $2,697.42 (two thousand six hundred
and ninety-seven dollars and forty-two cents).
5. 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 program. 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.
6. Termination/Modifications. The Local Government may terminate the Contract by
giving the Planning Agency a thirty -day written notice. Furthermore, if there is a
need to amend the proposal outlined in Attachment A, either party may do so with the
written consent of the other.
7. Time of Performance. The Planning Agency shall ensure that all services required
herein shall be completed during the period beginning July 1, 2020 and ending June
30, 2021.
8. Interest of Members, Officers, or Employees of the Planning Agency, 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
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.
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9. 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 denied 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.
10. 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.
11. 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LOCAL GOVERNMENT:
CITY OF NEWTON
By: , 0 A, �-
City Manager
Attest:
PLANNING AGENCY:
WESTERN PIEDMONT COUNCIL OF
GOVERNMENTS
LO-A
Executive Director
Planning Agency:
go
Preaudit statement:
Chairman
This instrument has been preaudited in the manner prescribed by the Local Government Budget and
Fiscal Control Act.
By: t e ..4—
Local Government Finance Officer
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EXHIBIT A
THE CITY OF NEWTON
WESTERN PIEDMONT STORMWATER PARTNERSHIP
JULY 13 2020 — JUNE 30, 2021
PROGRAM OVERVIEW
The following work program is presented as descriptive of the work called for in the agreements
concerning stormwater program assistance activities by the Western Piedmont Council of
Governments for local governments in the Stormwater Partnership.
1. The Western Piedmont Council of Governments staff will work with the Local Government's
Staff to adapt the work plan and priorities as needed to satisfactorily implement requirements in
NPDES Phase II Permits and management plans.
• Public Education and Outreach on Storm Water Impacts — The Planning Agency will
fulfill the education and outreach component of the permit by developing workshops;
arranging speakers; development of school partnerships and projects; preparing outreach
materials; and presenting to various groups and at events, and other Education Outreach
activities as required by the NPDES Phase II Permit and outlined in the Local
Government's Stormwater Management Plan.
Public Involvement and Participation — The Planning Agency will manage planning and
implementation of public events for stormwater information to the general public as well
as coordination of volunteer programs for stormwater programs or stream cleanups, and
other Public Involvement and Participation activities as required by the NPDES Phase II
Permit and outlined in the Local Government's Stormwater Management Plan.
• Illicit Discharge Detection and Elimination — The Planning Agency will conduct active
investigation and enforcement of the Local Governments illicit discharge within the Local
Governments jurisdiction and other Illicit Discharge Detection and Elimination activities
as required by the NPDES Phase II Permit and outlined in the Local Government's
Stormwater Management Plan.
Construction Site Stormwater Runoff Control — North Carolina Division of
Environmental Quality is responsible for the Local Government's Construction Site
Stormwater Runoff Control Program. Follow-up by the Planning Agency will occur.
• Post -Construction Storm Water Management in New Development and Redevelopment —
The Planning Agency will manage the permitting process, annual reports, inspections,
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and files associated with Post Construction as required by the NPDES Phase II Permit
and outlined in the Local Government's Stormwater Management Plan.
Pollution Prevention/Good Housekeeping for Municipal Operations — The Planning
Agency will conduct education to Local Government employees and inspection of Local
Government facilities for Pollution Prevention/Good Housekeeping activities as required
by the NPDES Phase II Permit and outlined in the Local Government's Stormwater
Management Plan.

1880 SecandAvenue NW � Hickary, RIC 28601
PU Box 9026 � Hickary, NC 28603
828.322.9191 � Fax: [phone] � www.wpcog.org
Creative Regional Solutions Since 1968
Name of Counterparty:
IRAN DIVESTMENT ACT CERTIFICATION
As of the date listed below, the entity listed above is not listed on the Final Divestment List created by the
State Treasurer.
The undersigned hereby certifies that he or she is authorized by the entity listed above to make the
foregoing statement.
07 b aoao
Signature Date
Sean A• t4oViS AsST- C1:b, �4AdAJCZ
Printed Name Title
Iran Divestment List Verified by:
Western Piedmont Council of Government Employee
Date
Executive Committee: Barbara C. Pennell, Chair I Bob Floyd, Jr., Vice Chair I Jill Patton, Secretary I Johnny Berry, Treasurer I George B. Holleman,
Past Chair I At -Large Members: Wayne F. Abele, Sr. I Kitty W. Barnes I John F. "Chip" Black I Bob Smyre I Executive Director, Anthony W. Starr
Serving: Alexander County I Taylorsville I Burke County I Connelly Springs I Drexel I Glen Alpine I Hildebran I Morganton I Rutherford College I Valdese
I Caldwell County I Cajah's Mountain I Cedar Rock I Gamewell I Granite Falls I Hudson I Lenoir I Rhodhiss I Sawmills I Catawba County I Brookford I
Catawba I Claremont I Conover I Hickory I Long View I Maiden I Newton