NCS000446_Establishment of CWEPP_20201218

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SUPPORT SERVICES AGREEMLNI' BE TWEEsN
TRIANGLE J COUNCIL OF GOVERNMENTS AND
LOCAL GOVERNMENTS AND OTHER FUNDING PARTNERS ESTABLISHING
THE: CLEAN WATER EDUCATION PARTNERSHIP PROGRAivi
THIS AGREEMENT made and entered into this 'Ure, day of .TdY 2004, by and between the
undersigned local governments and organizations, hereafter collectively referred to as the "Clean
'kater Iducation Partnership Program Partners" or the "CWEP Partners", and Triangle J Council
of Governments (TJC0G).
WITNESSETt-1:
Establishment of Clean Water Education Partnershin and Program. Tile Clean Water
Education Partnership Program Partners hereby acknowledge that economic and
environmental benefits can be achieved through establishment of a cooperative, coordinated
and cost-effective public education and awareness program relating to stormwater
management and nonpoint source pollution control in the Neuse and Cape Fear River
Basins. The CNNIEP Partners hereby commit to jointly develop and implement a Clean Water
Education Partnership Program ("the Program-) for the purpose of:
(a) meeting, and exceeding where appropriate, the local stormwater program educatin
requirements established under North Carolina Department of Environment and Natural
Resources Neuse River Basin Nutrient Sensitive Waters Management Strategy rules
applicable to local stormwater management (15A NCAC 2B .0235), and the subsequent
guidance provided in the "Neuse River Basin: Model Stornmvater Program for Nitrogen
Control" dated August 30, 1999;
(b) meeting certain stormwater program public education and awareness requirements
applicable under the Fcderal NPDES Phase II stormwater requirements;
(c) building public awareness and understanding of stormwater management issues and
challenges, and developing a sense of responsibility and place relating to stormwater
management and nonpoint source pollution control; and
(d) strengthening and building on collaborative efforts relating to stormwater management
and nonpoint source pollution control.
Establishment or-Prouram_Stec rinu, Committee. The CWEP Partners hereby agree to
establish a Program Steering Committee that shall manage the business and affairs of the
Program and develop and approve the annual wort: plan for the Program. Each CWEP
Partner shall be entitled to have one (1) vote oil all official matters that are considered by the
Steering Committee. 1=ach CWEP Partner's manager shall appoint it's jurisdiction's
respective voting member (and any designated alternate members) to Serve on the Steering
Committee. 'file Committee may adopt formal organizational documents as it deems
necessary and appropriate. Ali official actions taken by the Steering Committee shall be
recorded in writing and provided to each CWEP Partners voting member oil the SEecring
Committee.
Clean W"Iter Education 11a1,tnersliip Services Agreement (T 1 '04) Page I

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3. En a cment of TJCOG and Scope of'Services, The CWEP Partners and TJCOG hereby
agree that TJCOG shall provide administrative and management support services relating to
the establishment of the Program. TJCOG shall, in a satisfactory manner as determined by
the Program Steering Committee, perform the tasks necessary for overall administration of
the Program. The project management and administrative services (tile "Program Services")
w be provided by'f.ICOCr include:
(a) coordination and staff support for meetings, communications and projects relating to the
Program:
(b) assistance Nvith development of the Annual Work Plan for the Program;
(c) liaison Nvith state agencies and technical consultants retained for the Program;
(d) management of any contracts issued for the Program, and oversight of contractor
services;
(e) administration of Program finances, including record keeping, collection and
disbursement of funds, and compliance with fiscal control practices required of local
governments;
{f} establishment and maintenance of a Program web -site, subject to approval of web -site
content by the Program Steering Committee;
(g) pursuit of supplemental funding assistance for the Progratll; and
(11) other services consistent with the purpose of the Program, as requested by the MET
Partners through the Program Steering Committee.
4. Period of Performance. The initial period of this Agreement shall be from July 1, 2004,
through June 30, 2005. provided, however, that this Agreement may be renewed upon
mutual agreement of the CWEP Partners (acting t]rrOUgh the Pl Ogratll Steering Committee)
and TJCOG. Any CWEP Partner may, at its discretion, decide whether or not to continue
participating in the Program beyond the current term. Each CWEP Partner agrees that. on or
before May 1 `t of each year this Agreemcnt is in effect, it will notify TJCOG in writing as to
whether the CWEP Partner intends to participate in the Program for the next year. If,
following the local budget approval process, a CWE-P Partner decides not to participate in
the program, that Partner shall provide written notice to TJCOG on or before July 1 Srt' of
that same year.
Program Funding Level. The CWEP Partners hereby agree to initially fund the Program ill
the amounts shown in Exhibit A. Each CNVEP Partner's respective share of the Program cost
shall be based on the total of two factors: (a) a uniform base participation charge that shall
apply equally to all CWEP Partners, and (b) a variable rate charge that is based on the
respective CWEP Partner's proportionate share of the total estimated population of the
CWFP Partners: provided, however, that cost -share amounts may from year-to-year be
revised by the Program Steering Committee.
'file initial annual Program payment, and any subsequent annual Program payments, shall be
paid to TJCOG at the beginning of the fiscal year, and shall be based on:
(a) the estimated cost for all Program materials. advertisements and related services;
} CIcan hater F.ducatim Partnership Services Agrecrnem (7/1/0 4) I'agl; 2

(b) the cost for'I'JCOG to provide the Program Services for the fiscal year; and
(c) estimated direct costs such as mileage and lodging.
The Program Steering Committee shall, by March I" ofeitCh year, prepare and submit to
each CWEP Partner a proposed CWEP work plan and program budget Far the conning Fiscal
Year.
Interest earnings shall be credited to and used solely for the benefit of the Program.
Compensation and Payment. For Fiscal Year 2005, the costs for TJCOG's Program Services
shall be $13,500 plus direct costs such as mileage, printing, and travel. In future years,
annual costs for TJCOG's Program Seiwices shall be calculated and agreed to between
TJCOG and the Program Steering Committee. Payment for T.ICOG's Program Services
shall be a budgeted expense of tine Program, and shall be paid to TJCOG in advance at the
beginning of each fiscal year from annual revenues received from the Program Partners, or
from supplemental funds received by the Program.
7. Access to Records. TJCOG shall maintain all official records relating to the Program, and
shall in a timely manner provide the Program Steering Committee and CWEP Partners with
written minutes of official meetings of the Steering Committee. The CWEP Partners shall
have access to any books, documents, papers and records that are pertinent to the execution
of this Agreement, for the purpose of malting audits, examinations, excerpts and
transcriptions.
S. Amendments. This Agreement may, upon mutual consent of the parties hereto, be amended
at any time provided that such amendments specifically reference this Agreement, and are
executed in writing, signed by each party.
9. Suspension or_Termination. The CWEP Partners, acting through the Program Steering
Committee, or TJCOG may suspend or terminate this Agreement upon 60 days written
notice in whole or in part for cause. CaUSC shall include the following:
(a) ineffective or improper use of funds;
(b) failure to comply With the terms and Conditions of this Agreement; and
(c) if for any reason the carrying out of this Agreement is rendered impossible or infusible.
If the CWEP Partners, acting through the Program Steering Committee, withhold payment
or intend to suspend this Agreement, said Committee shall advise TJCOG of such action and
specify in writing the actions that must be taken and a reasonable date for compliance as a
condition precedent to the resumption of payments. IfT.ICOG intends to suspend this
Agreement, it shall advise the CWEP Partners and the Program Steering Committee and
specify in writing the actions that must be taken and a reasonable date of compliance in
order to avoid suspension of the Agreement.
Clean Waler Education harowrshlp Services Agreemem (7; IrQ-t) 3

IC. Entire Aareelnent. The CWEP Partners and TJCOG agree that this document constitutes the
entire agreement between the parties, and nla), only be modified by a written Intltual
agreement approved and signed by the parties. Modifications may be evidenced by
telefacsimite signatures. Unless and until Further modified, this Agreement shall consist
solely of this dOCL1111C11t.
IN wri-NESS WHEREOF. duly authorized officers of the CWEP Partners and Triangle J
Council of Governments have executed this :Agreement as of the date first above written.
TRIANGLE J COUNCIL OF GOVERNMENTS
ATTEST TO:
BY: d4jaa.
Clerk Dee A. freeman. E%ccutive Director
LOCAL GOVERNMENT PARTNER
ATTESTTO:
BY: �G (. t r.;�rc C7c---,I,rIL� j.oW
-i�krk J Town 6
Apex
"this Instrument has been
preaudiled In the mariner required
by the local Government Budget
and Fiscal Control Act."
Clean Watcr Education Partnership Services Agt•eemem (7 1.-,04) 1a-e -t

IJYIIIBIT A
Clear Water Education Pannership Annual Cost Shares:
F Y 2004-2005
Potential Partners
Town of Apex `
Town of Carrboro'
Town of Cary `.2
Town of Chapel Hill 2
Chatham County 2
City of Durham 13
Durham County' 2
Franklin County 2
Town of Fuquay-Varina `
Town of Garner 1,2
City of Goldsboro 1.2
City of Havelock '
Town of Hillsborough 2
Town of Hol y Springs 2
Johnston County'
City of Kinston '
Town of Kn ghtdale 2
Town of Morrisville 2
City of New Bern '
Orange County `.2
City of Raleigh 13
City of Rocky Mount 2
Town of Rolesvilte 2
Town of Smithfield'
Wake County' 2
Town of Wake Forest 2
Wayne County
'.2
City of Wilson ,
Totals:
FY 2005 Cost Shares
Base Rate
Estimated 2002 Population
Proportionate Rate
Total
Cost Share
(From NC State Demographics)
Cost Share
Cost Share
$1 833
23,595
$1,421
$3 254
$1.833
17.456
$1.051
52,884
$1,833
102,241
$6,155
$7,988
$1 633
50 540
53,043
54,876
$1,833
42.516
$2,560
$4,393
$1,833
198.688
$11.952
$13,795
$1833
32.743
$1,971
$3,804
$1,833
43,952
$2.646
$4,479
$1,633
9,191
$553
$2,386
$1,833
19,606
$1.180
$3,013
$1,833
38,706
$2.330
$4,163
$1,833
22,463
$1.352
$3,185
$1,833
5,535
$333
$2.166
$1,833
11,375
$685
$2,518
$1,833
94 272
$5,676
$7,509
$1.833
23.337
$1,405
$3,238
$1,833
6.360
$383
$2,216
$1,833
6.086
$366
$2,199
$1,833
23.415
$1,410
$3,243
$1,833
47,478
$2,858
$4,691
$1,833
303,567
$18,276
$20,109
$1,833
56,160
$3,381
$5,214
$1,833
971
$58
$1,891
$1.833
11.442
$689
$2,522
51.833
173,720
$10,459
$12,292
$1,833
14,217
$856
$2,689
$1,833
67,229
$4,048
$5,881
51,a33
45.741
52,754
54,587
$51,324
1,492,602
$89,862
$141,186
Notes:
1. The local government is subject to the Neuse River Basin Nutrient Management Regulations.
2. The local government is subject to the NPDES Phase II Stormwater Regulations.
3. The local government is subject to the NPDES Phase I Stormwater Regulations.
Clean Witer Education Partnership Services Agreement (711104) t"age 5