NCS000498_Agreement with COG_20220621

AGREEMENT BETWEEN THE
WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND
THE CITY OF MORGANTON
FOR ASSISTANCE IN SUPPORTING THE WESTERN PIEDMONT
STORMWATER PARTNERSHIP
JULY 1, 2020 — JUNE 30, 2021
This AGREEMENT, to be effective on the 1st day of July, 2020, by and between the Western
Piedmont Council of Governments (hereinafter referred to as the 'Planning Agency") and the City of
Morganton, 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 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
work described in this contract.
4. Compensation. The Local Government will pay the Planning Agency a regional
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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 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.
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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EXHIBIT A
THE CITY OF MORGANTON
WESTERN PIEDMONT STORMWATER PARTNERSHIP
JULY 1, 2020 — JUNE 30, 2021
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.
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.
2. The City of Morganton's calculated Stormwater Partnership fee for the period beginning July
1, 2020 and ending June 30, 2021 is not to exceed $6,689 (six thousand six hundred and eighty-
nine dollars). These fees will be billed in twelve equal monthly payments of $557.42 (five
hundred and fifty-seven dollars and forty-two cents).
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