16_DRAFT PTWQP Agreement 12 16 2016Ver1 CP

Piedmont Triad Water Quality Partnership
INTERLOCAL STORMWATER EDUCATION AGREEMENT
This Agreement made and entered into this day of 2018, by
and among the PIEDMONT TRIAD REGIONAL WATER AUTHORITY, hereinafter
referred to as "PTRWA," GUILFORD COUNTY, a North Carolina body politic (hereinafter
referred to as "GUILFORD"), FORSYTH COUNTY, a North Carolina body politic
(hereinafter referred to as "FORSYTH"), RANDOLPH COUNTY, a North Carolina body
politic (hereinafter referred to as `RANDOLPH"), as ALAMANCE COUNTY , a North
Carolina body politic (hereinafter referred to as "ALAMANCE"), the CITY OF ASHEBORO ,
a North Carolina municipal corporation (hereinafter referred to as "ASHEBORO"); the CITY
OF HIGH POINT, a North Carolina municipal corporation (hereinafter referred to as "HIGH
POINT"); the CITY OF WINSTON-SALEM, a North Carolina municipal corporation
(hereinafter referred to as "WINSTON-SALEM"); the TOWN OF JAMESTOWN, a North
Carolina municipal corporation (hereinafter referred to as "JAMESTOWN" , the CITY OF
RANDLEMAN, a North Carolina municipa corporation (hereinafter ferred to as
`RANDLEMAN"), the CITY OF ARCHDALE, a North Carolina muni al corporation
(hereinafter referred to as "ARCHDALE"), the TOWN OF KERNERSVILLE, a North
Carolina municipal corporation (hereinafter referred to as "KERNERSVILLE"), the CITY OF
GREENSBORO, a North Carolina municipal corporation (hereinafter referred to as
"GREENSBORO"), the TOWN OF LEWISVILLE, a North Carolina municipal corporation
(hereinafter referred to as "LEWISVILLE"), the VILLAGE OF CLEMMONS, a North
Carolina municipal corporation (hereinafter referred to as "CLEMMONS"), the CITY OF
TRINITY, a North Carolina municipal corporation (hereinafter referred to as "TRINITY"), the
TOWN OF RURAL HALL, a North Carolina municipal corporation (hereinafter referred to as
`RURAL HALL"), the CITY OF BURLINGTON, a North Carolina municipal corporation
(herei jr
referred to GTON").
TNESSETH:
WHEREAS, the above referenced counties, cities, villages, and towns operate
stormwater-related programs and would benefit by pooling resources in their efforts to train
citizens and businesses with regard to stormwater rules including water quality protection and
management and surface water pollution prevention, NPDES stormwater regulations, and best
management practices in the development of h Randleman T al Stormwater Management Plan,_, , - Commented [cpl]: shouldn'tthisbe—egne d?
as applicable; and,
WHEREAS, the above referenced counties, cities, villages, and towns have agreed to
cooperate to produce television ads, brochures and stream signs and/or other stormwater quality
educational components as set forth herein in Exhibit A; and,
WHEREAS, it is in the best interest of the citizens and residents of the above referenced
counties, cities, villages, and towns to provide for efficient, proper and environmentally sensitive
methods of controlling stormwater; and,

WHEREAS, the State of North Carolina has encouraged local governments to utilize all
means reasonably available to promote efficient and proper methods of controlling stormwater
including the development of regional programs and partnerships; and,
WHEREAS, the counties are authorized by North Carolina General Statute § 153A,
Article 15, Part 1, and the municipal corporations are authorized by N.C.G.S. § 160A, Article 16,
Part 1, to establish and operate stormwater programs; and
WHEREAS, the counties and the municipal corporations are authorized by N.C.G.S. §
160A, Article 20, to enter into contracts or agreements with each other to execute any
undertaking involving the joint exercise, or the exercise by one for the other, of any power,
function, public enterprise, right, privilege or immunity of local*yeanment; and,
WHEREAS, the Board of Directors of RWAthrd of Commissioners of the
counties of FORSYTH, GUILFORD, PH and ALAMANCE, and the Councils of
ASHEBORO, HIGH POINT, WINSTO EM, JAMESTO RANDLEMAN,
ARCHDALE, KERNERSVILLE, GREE RO, WISVIL CLEMMONS,
RURAL HALL, BURLINGTON and TRINITY e ch dee rt to be in the b nterests of the
present and future citizens of the counties, cities, villages, and towns that this Agreement be
entered into in order to meet their complementary needs for the education of Piedmont Triad -
area businesses and citizens with regard to stormwater and wa uality management.
NOW, THEREFORE, in consi eration o e terms, conditions, and covenants
expressed herein, th RWA, c ies, cities, villages, and towns agree as follows:
ARTICLE I
Purpose of Agreement
The purpose of thi Agreement is to evidence the !RWA �ounties, cities, villages, and , - commented [ep2]: Add for consistency?
towns' agreement to provide brochures, watershed signs, television ads, and/or other educational
components and funds all as set forth iiiAxhibit A for the education of Piedmont Triad -area
citizens and the business community with regard to the rules, regulations and requirements of
proper stormwater control in the corporate limits of the counties, cities, villages, and towns under
their respective jurisdiction and control, to the extent, and subject to the conditions, hereinafter
set forth. The parties agree to refer to this agreement and name the collaborative program as the
Piedmont Triad Water Quality Partnership ("PTWQP" or "Partnership").
ARTICLE II
Objectives
The parties seek to implement stormwater management, surface water quality, and
watershed protection public education programs to educate the Piedmont Triad community about
the impacts of stormwater discharge on receiving waterbodies and the specific need to reduce
stormwater pollution in the Randleman Teske Watershed, as—app'lieable Watersheds of the
participating communities. The parties believe these goals can best be achieved by coordinating

their efforts on a regional basis to provide citizens and businesses with a more comprehensive
environmental education program that is linked with municipal and county stormwater quality
management issues.
The general objectives of the regional public education/awareness and communication
program are as follows:
1- To comply with and cover topics for public education and awareness brought forth in the
parties' respective NPDES Stormwater Discharge Permits;
2- To effectively communicate the stormwater / environmental / water quality messages to
targeted segments of the Piedmont Triad citizenry;
3- To create appropriate partnerships with local governments an businesses to achieve regional
public education and awareness goals;
4- To empower and enroll the participation o rtizens and usinesses in the process of
protecting surface waters and the regional water supply through helping ensure the quality of
receiving streams by minimizing the pollutants associated with stormwater runoff.
ARTICL
Duration
This Agreement shall be effecti e when executed by each -the participating-Rarties. Only
the parties that sign and execute this Agreement shall become members of this Partnership. In
the event that the governing board for a party must duly authorize the execution of this
Agreement and the performance of all of the duties and obligations contained herein, then a party
shall not become a member of the Partnership without such authorization. This Agreement shall
continue in full force and effect for the term of five (5) years from the date of this Agreement
and shall automatically renew thereafter for two successive five (5) year terms, unless notice of
non -renewal is given by any party sixty (60) days in advance of the applicable renewal date.
ARTICLE IV
Res nsibilities of Parties
The parties initially shall be responsible for the educational program components such as
brochures, watershed signs, television ads, or other components, and funds that may be amended
from year to year and attached to this Agreement and identified as "Exhibit A."
The parties shall strive to coordinate their efforts in the production of brochures, signs,
television ads, and/or other educational program components in promoting good regional
stormwater management and watershed protection practices.
ARTICLE V
Personnel
Each party shall appoint or contract with the necessary personnel for performing its
obligations under this Agreement. The personnel, and/or independent contractors, if any, shall be

responsible for the organization, planning and implementation of the educational programs and
products contemplated hereunder.
ARTICLE VI
Financing
The budget for the Piedmont Triad Water Quality Partnership program shall be formed
and agreed upon by the parties or a committee made up of representatives appointed by the
parties. The committee shall approve application of all funds contributed hereunder.
All costs of opening, operating and closing of the educational programs and products
contemplated hereunder shall be paid from the funds contributed by the parties. The parties shall
pay all required funds no later than July 30 October 31' of each year. Any funds remaining at
the end of a budget year shall be carried over into the next year's program budget. As provided
by law, this agreement is subject to annual appropriation.
Initial funding participation is required to join the Piedmont Triad Water Quality
Partnership agreement. Parties are not obligated to provide additional funding in subsequent
years if they choose not to receive new or additional programs and/or products in the subsequent
years. However, respective parties who do not participate in funding for three
eenseeutive years one year may be removed from the partnership at the discretion of a simple
majority of the "Piedmont Triad Water Quality Partnership Committee." In the event a party is
removed under the terms of this Article, the party shall not be entitled to any refund of any
money paid into the Partnership,,
ARTICLE VII
Piedmont Triad Wat unlit Partnership Management Committee - - Commented [cps]: Add W be consistent with the By -Laws?
The "Piedmont Triad Water Quality Partnership Mana ement �ommittee" is -hereby- - - Commented [cp4]: Add tobeeonsistent—ththe By -La.—?
established for the purpose of effectuating the provisions of this Agreement.
A. Duties of the Committee. The Committee shall perform the following duties:
1. Meet no less than quarterly at the -offices of PTRWA or other location as established by
the Committee;
2. Resolve any conflicts in the types of educational materials to be produced as proposed;
3. Review and approve the television ads and any other materials, if applicable;
4. Resolve any dispute as to the appropriateness of any educational program with regard to
stormwater management and watershed protection;
5. Organize, plan and implement the regional educational programs, brochures, and develop
a comprehensive program of stormwater education, an example of which is attached as
"Exhibit All to this agreement;
6. Make such recommendations to the parties, from time to time, regarding the financing,
operation, and availability of the services to any users not partied to this Agreement, as
will in the Committee's opinion promote the best utilization of the services;
7. Develop and present an annual program scope and corresponding budget to the parties for
their approval and funding;

S. Decide upon the educational program components to be used for each fiscal year, and
summarize in a revised "Exhibit A" for the given fiscal year, as applicable; and
9. Provide guidance to any party members who may wish to contribute additional
discretionary funds throughout the year on the additional fund use and products, if
applicable.
B. Composition of the Committee. The PTRWA, counties, cities, villages, and towns through
their manager, executive director or governing board shall each appoint one representative who,
along with a representative of any local government joining in the execution of this or a similar
agreement, shall constitute the "Piedmont Triad Water Quality Partnership) Management L - - commented [cps]: Add wbe—iste t—ththe sy-Laws?
Committee." Such Committee shall, during the term of this Agreement, review and oversee the
operation of the services to assure that the provisions of this Agreement are fully complied with.
Each representative to the Committee shall have a voice and a vote on the Committee.
The "Piedmont Triad Water Quality Partnership Management Committee" -shall be_ - - Commented [op6]: Add Wbe—sistent—ththe By -La.—?
composed of the following individuals:
Entity Board Appointee
PTRWA
Forsyth County
Guilford County
Randolph County
Alamance County
City of Asheboro ity Manager/Board Member/or Designee
City of High Point City Manager/Board Member/or Designee
Town of Jamesto Town Manager/Council Member/or Designee
City of Randleman ity Manager/Council Member/or Designee
City of Archdale ity Manager/Board Member/or Designee
Town of Kernersville Town Manager/Council Member/or Designee
City of Greensboro City Manager/Council Member/or Designee
City of Winston-Salem City Manager/Board Member/or Designee
Town of Lewisville Town Manager/Board Member/ or Designee
Village of Clemmons Village Manager/Board Member/ or Designee
Town of Rural Hall Town Manager/Board Member/ or Designee
City of Burlington City Manager/Council Member/or Designee
City of Trinity City Manager/Council Member/or Designee
The initial members of the Committee shall serve until their successors are appointed,
and at the pleasure of their appointing entity, so long as they hold their respective offices within
the appointing entity. Any Committee member who no longer serves in his appointed or elected
position shall automatically cease to serve on the Committee and shall be replaced upon the
appointment of his or her successor.
Executive Director/Board
Member/or Designee
ounty Manager/Board Member/or Designee
County Manager/Board Member/or Designee
County Manager/Board Member/or Designee
ounty ManagerBoard Member/or Designee
The Committee shall elect a chair, vice -chair, treasurer and secretary, and shall adopt by-
laws and rules governing its procedures.

C. Interrelationship of Committee and Parties to this Agreement. Through their duly
authorized and empowered officials and representatives, the entities represented on the
Committee shall consult and cooperate with each other in all respects regarding the educational
services, programs, and products to be provided so that all parties shall at all times be fully
informed with regard thereto, shall have full access to financial records of the Committee, and
shall be provided copies of financial reports as to the disposal operations hereunder and the
parties annual audit of same as required by law.
D. Fund Integrity. The Committee established hereunder shall account for revenues and
expenditures hereunder and shall include any and all funds set aside or maintained by the parties
hereto for the current and future operation of the Piedmont Triad Water Quality Partnership. The
Piedmont Triad Water Quality Partnership Fund shall be maintained as a discrete and separate
fund, segregated from any other funds or accounts maintained by the parties. The Fund shall be
established and administered within the City of Greensboro, and the City of Greensboro shall
perform an annual audit of the funds.
ARTICL VIII
RepresentVvi.ghs,
and Warranties of the Parties
ThePTRWA ounties, cities, and towns eae re resent, warrant, and a rcc ascommented [op7]: eaa fo �onss�n�y?
follows:- --------- - - - - -- p--------------g-----
A. Approval A.Mu horization: Each sa�eny asN*ower and authority to enter
into this Agreement and to fully perform all of its duties and obligations hereunder pursuant to
various enabling sections of the North Carolina General Statutes. The governing board for each
said entity has duly authorized the execution and delivery of this Agreement and the performance
of all of its duties and obligations contained herein. This Agreement constitutes a valid and
legally binding obligation of each said entity enforceable in accordance with its terms, subject to
any state or federal regulatory approval which may be required pursuant to applicable statute.
B. No Litigation: There is no action, suit, or proceeding pending or, to the best of each
entity's knowledge and belief, threatened against or affecting said entity, at law or in equity or
before or by any Federal, State, municipal or other governmental department, commission,
board, bureau, agency or instrumentality wherein any decision, ruling or finding would adversely
affect the transactions contemplated herein.
ARTICLE IX
No Agency or Joint Enterprise
The parties to this Agreement recognize and agree that no agency, joint enterprise or joint
ownership of real or personal property is created by this Agreement and that no party shall be
responsible in any manner for the legal liability or financial responsibility of the other, or of any
other municipalities or other party entering into a similar agreement with the parties.
ARTICLE X
Amendment

This Agreement may not be modified or amended except by a subsequent written
agreement authorized by the governing bodies of each party and signed by authorized
representatives of each party, except that the addition or removal of a member shall be decided
by a majority of the Piedmont Triad Water Quality Partnership Committee, provided any new
member is authorized by its governing body to join the Partnership and the removal of a member
complies with the terms of Article VI herein.
ARTICLE XI
Termination
A. This Agreement may be terminated upon mutual consent of the parties, by any party
upon 90 days written notice to the other parties, o court order upon the finding that there has
been such a substantial breach of this Agreeme t the non -complaining party so as to entitle
the complaining party to be relieved of its obligations under this Agreement. Upon termination
of the Partnership, any remaining funds shall be returned to each party based upon that party's
proportionate contribution to the fund, with such proportion to be determined by the amount
contributed in the most recent fiscal for which a contribution was made.
created by the Partnership shall become the property of each the parties to the Partnership. The
City of Greensboro shall be the custodian of the materials and shall provide the materials to any
party upon request. In no event shall Greensboro be financially responsible for the cost, beyond
a de minimus amount, of storing, reproducing or disseminating the materials, such costs shall be
borne by the party seeking to obtain the materials for its own use. The City of Greensboro shall
not be obligated to retain any materials if the City of Greensboro deems, in its sole discretion, it
is no longer feasible to do so. If a party is removed per the terms of Article VI, the removed
party shall have the right only to the materials created while that party was a paying member of
the Partnership.
TICLE XII
Entire Agreement
This instrumen )te entire agreement between the parties, and no statement, oral
or written, made by either party or agent of either party that is not contained in this written
Agreement shall be valid or binding.
ARTICLE XIII
Default
A default of this Agreement shall mean a material failure to comply with any of the
material provisions of this Agreement.
ARTICLE XIV
Remedies For Default

This Agreement shall be enforceable by each party hereto by all remedies available at law
or in equity, including but not limited to specific performance. Failure or delay to exercise any
right, remedy or privilege hereunder shall not operate as a waiver of such right, remedy or
privilege nor prevent subsequent enforcement thereof.
ARTICLE XV
Notices
All notices and other communications under this Agreement shall be in writing and shall
be deemed to have been given on the date of actual delivery of mail, registered or certified,
return receipt requested, postage prepaid, to the party at the addre es provided by each:
To the PTRWA: Executive Aire or his desi
To the COUNTY: CountyInager or his designee
To the TOWN: Town Manager or his designee
To the CITY: CttyMk %an er or his esignee
To the VILLAGLigass. Village Manager or his designee
Any party may change the address to whic all notices shall be sent by addressing a
notice of such change in the manner provided in this article to all other parties.
ARTI XVI
licate Originals
<SAementshall xecute by the parties hereto in duplicate originals, each of
which, when execut shall co ute one and the same Agreement.
ARTICLE XVII
Governing Law
This Agreement shall be governed in accordance with the law of the great State of North
Carolina.
[SIGNATURE PAGES TO FOLLOW]

CITY OF ASHEBORO
ATTEST:
City Clerk City Manager
This instrument has been preaudited m the required by the Local Government Budget
and Fiscal Control Act. So
Finance Director

ALAMANCE COUNTY
ATTEST:
City Clerk County Manager
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Finance Director
10

CITY OF ARCHDALE
ATTEST:
City Clerk City Manager
This instrument has been preaudited in the manner required Ahhe Local Government Budget
and Fiscal Control Act.
Finance
11

CITY OF BURLINGTON
ATTEST:
City Clerk City Manager
This instrument has been preaudited m the required by the Local Government Budget
and Fiscal Control Act. So
Finance Director
12

TOWN OF CLEMMONS
ATTEST:
Town Clerk Town Manager
This instrument has been preaudited
and Fiscal Control ActAIL in
Finance
the manner required Ahhe
%IN6,
13
Local Government Budget

FORSYTH COUNTY
ATTEST:
City Clerk County Manager
This instrument has been preaudited
and Fiscal Control ActAIL in
Finance
the manner required Ahhe
%IN6,
14
Local Government Budget

CITY OF GREENSBORO
ATTEST:
City Clerk City Manager
This instrument has been preaudited m the required by the Local Government Budget
and Fiscal Control Act. So
Finance Director
15

GUILFORD COUNTY
ATTEST:
City Clerk County Manager
This instrument has been preaudited
and Fiscal Control Act.dlL in
Finance
the manner required 40the
%1N6,
16
Local Government Budget

CITY OF HIGH POINT
ATTEST:
City Clerk City Manager
This instrument has been preaudited in the manner required Ahhe Local Government Budget
and Fiscal Control Act.
Finance
17

TOWN OF JAMESTOWN
ATTEST:
Town Clerk Town Manager
This instrument has been preaudited m the required by the Local Government Budget
and Fiscal Control Act. So
Finance Director
18

TOWN OF KERNERSVILLE
ATTEST:
Town Clerk Town Manager
This instrument has been preaudited
and Fiscal Control ActAIL in
Finance
the manner required Ahhe
%IN6,
19
Local Government Budget

TOWN OF LEWISVILLE
ATTEST:
Town Clerk Town Manager
This instrument has been preaudited
and Fiscal Control Act.dlL in
Finance
the manner required 40the
%1N6,
20
Local Government Budget

ATTEST:
PIEDMONT TRIAD REGIONAL WATER
AUTHORITY
City Clerk Executive Director
This instrument has been preaudited m the required by the Local Government Budget
and Fiscal Control Act. So
Finance Director
21

CITY OF RANDLEMAN
ATTEST:
City Clerk City Manager
This instrument has been preaudited in the manner required Ahhe Local Government Budget
and Fiscal Control Act.
Finance
22

RANDOLPH COUNTY
ATTEST:
City Clerk County Manager
This instrument has been preaudited
and Fiscal Control ActAIL in
Finance Director
the manner required Ahhe
%IN6,
23
Local Government Budget

TOWN OF RURAL HALL
ATTEST:
Town Clerk Town Manager
This instrument has been preaudited m the required by the Local Government Budget
and Fiscal Control Act. So
Finance Director
24

CITY OF TRINITY
ATTEST:
City Clerk City Manager
This instrument has been preaudited in the manner required Ahhe Local Government Budget
and Fiscal Control Act.
Finance
25

CITY OF WINSTON-SALEM
ATTEST:
City Clerk City Manager
This instrument has been preaudited in the
and Fiscal Control ActAIL in
26
anent Budget