HomeMy WebLinkAbout2001 S Planning - Triangle J Council of Governments & Local Governments the clean water education partnership program SUPPORT SERVICES AGREEMENT BETWEEN
TRIANGLE J COUNCIL OF GOVERNMENTS AND
LOCAL GOVERNMENTS AND OTHER FUNDING PARTNERS ESTABLISHING
THE CLEAN WATER EDUCATION PARTNERSHIP PROGRAM
THIS AGREEMENT made and entered into this IaA day of_0
LL_2001 by and between the
undersigned local governments and organizations,hereafter collectively referred to as the"Clean
Water Education Partnership Program Partners" or the"CWEP Partners", and Triangle J Council
of Governments(TJCOG).
WITNESSETH:
1. Establishment of Clean Water Education Partnership and Program. The 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 CWEP 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 education
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 .023 5), and the subsequent
guidance provided in the"Neuse River Basin: Model Stormwater Program for Nitrogen
Control"dated August 30, 1999;
(b) meeting certain stormwater program public education and awareness requirements
applicable under the Federal 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.
2. Establishment of Program Steering 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 work plan for the Program. Each CWEP
Partner shall be entitled to have one (1) vote on all official matters that are considered by the
Steering Committee. Each CWEP Partner's manager shall appoint it's jurisdiction's
respective voting member(and any designated alternate members)to serve on the Steering
Committee. The Committee may adopt formal organizational documents as it deems
necessary and appropriate. All official actions taken by the Steering Committee shall be
recorded in writing and provided to each CWEP Partner's voting member on the Steering
Committee.
Clean Water Education Partnership Services Agreement(6/27/2001) Page 1
3. Engagement 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 (the"Program Services")
to be provided by TJCOG include:
(a) coordination and staff support for meetings, communications and projects relating to the
Program;
(b) assistance with development of the Annual Work Plan for the Program;
(c) liaison with 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 Program; and
(h) other services consistent with the purpose of the Program, as requested by the CWEP
Partners through the Program Steering Committee.
4. Period of Performance. The initial period of this Agreement shall be from July 1, 2001
through June 30, 2002; provided,however, that this Agreement may be renewed upon
mutual agreement of the CWEP Partners (acting through the Program 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 st of each year this Agreement is in effect, it will notify TJCOG in writing as to
whether the CWEP Partner will or will not participate in the Program for the next year.
5. Program Funding Level. The CWEP Partners hereby agree to initially fund the Program in
the amounts shown in Exhibit A. Each CWEP Partner's respective share of the Program
cost shall be based on the total of two factors: (a) a uniform base participation charge which
shall recover 30%of the projected cost for the Program, and(b) a variable rate charge that
shall recover 70%of the projected cost for the Program, and that is based on the respective
CWEP Partner's proportionate share of the total estimated population of the CWEP
Partners; provided, however, that local governments and agencies that are not subject to the
Neuse River Basin stormwater rules may participate in the Program subject to the payment
of applicable cost-share amounts as shown on Exhibit A, and which may from time-to-time
be revised by the Program Steering Committee.
The 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;
Clean Water Education Partnership Services Agreement(6/27/2001) Page 2
(b) the cost for TJCOG to provide the Program Services for the fiscal year; and
(c) estimated direct costs such as mileage and lodging.
Interest earnings shall be credited to and used solely for the benefit of the Program.
6. Compensation and Pa, ent. For Fiscal Year 2002, the costs for TJCOG's Program
Services shall be $8,250 plus direct costs such as mileage, printing, and travel. In future
years, annual costs for TJCOG's Program Services shall be calculated and agreed to between
TJCOG and the Program Steering Committee. Payment for TJCOG's Program Services
shall be a budgeted expense of the 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 making audits, examinations, excerpts and
transcriptions.
8. 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. Cause 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 infeasible.
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. If TJCOG 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.
10. Entire Agreement. The CWEP Partners and TJCOG agree that this document constitutes the
entire agreement between the parties, and may only be modified by a written mutual
agreement approved and signed by the parties. Modifications may be evidenced by
telefacsimile signatures. Unless and until further modified, this Agreement shall consist
solely of this document.
Clean Water Education Partnership Services Agreement(6/27/2001) Page 3
IN WITNESS 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:
Jerk Dee A. Freeman, Executive Director
(PLEASE NOTE THAT CWEP PARTNER SIGNATURES ARE ATTACHED)
Clean Water Education Partnership Services Agreement(6/27/2001) Page 4
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