HomeMy WebLinkAbout2017-187 DEAPR - TJCOG - Interlocal Agreement for Phase VIII of the Triangle Area Water Supply Monitoring Project TRIANGLE AREA WATER SUPPLY MONITORING PROJECT -
INTERLOCAL AGREEMENT I APR
STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
COUNTY OF DURHAM
COUNTY OF ORANGE
COUNTY OF WAKE
INTERLOCAL AGREEMENT
for
PHASE VIII
of the
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
THIS INTERLOCAL AGREEMENT for PHASE VIII of the TRIANGLE AREA WATER
SUPPLY MONITORING PROJECT ("Agreement") is made and entered into by, between and
among Chatham County, Orange County, the Town of Apex, the Town of Cary, the City of
Durham, the Town of Hillsborough, and the Orange Water and Sewer Authority (hereinafter, the
"Participants"), to be effective from and after July 1, 2017 (`Effective Date'). This Agreement is
conditioned on all Participants executing Agreement on or before June 28, 2017
WITNESSETH:
WHEREAS, on August 18, 1988, several local governments in Region J entered into an
interlocal agreement to establish the Triangle Area Water Supply Water Quality Monitoring
Project (hereinafter, the "Monitoring Project") applicable to certain surface water supplies in
Region J; and
WHEREAS, the local governments participating in the Monitoring Project established a
Monitoring Project Steering Committee (hereinafter, the "Committee") to make technical,
financial, and administrative recommendations to the Participants; and
WHEREAS, the Monitoring Project has been continuously funded through a series of Joint
Funding Agreements with the US Geological Survey (hereinafter, the "USGS") through June 30,
2017 as described in Attachment A, as well as through a series of interlocal agreements; and
WHEREAS, the Monitoring Project will complete its Phase VII monitoring program on June 30,
2017; and
WHEREAS, said Committee has determined that prior Monitoring Project phases met the
objectives of measuring water quality conditions and long-term trends in water quality and
recommended that additional monitoring be undertaken;
NOW, THEREFORE, the parties hereto desire to enter into an Interlocal Agreement pursuant to
GS 160A-460 et seq for the purpose of continuing to operate the Monitoring Project. Toward that
end, the Participants agree to the following terms and conditions:
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
Section 1. Purpose of the Monitoring Project
A. The primary objectives of the Monitoring Project continue to be to:
1. Supplement existing data on major ions, nutrients, and trace elements to enable
determination of long-term water quality trends;
2. Examine the differences in water quality among water supplies within the region,
especially differences among smaller upland sources, large multi-purpose reservoirs,
and run-of-river supplies;
3. Provide tributary loading data and in-lake data for predictive modeling;
4. Establish a database for constituents of concern in surface waters in the region; and
5. Report results of the monitoring program to governmental officials, the scientific
community, and the general public.
B. The objectives for Phase VIII of the Monitoring Project are to:
1. Continue fixed-interval water quality monitoring at the sites and frequencies and for
the parameters listed on Table 1 of the Monitoring Project Proposal for Phase VII (see
Attachment C);
2. Continue water quality data collection at existing tributary sites during high-flow
events, which include those that exceed the historical 75th percentile of daily flow at
any station, as shown on Table 2 of Attachment C;
3. Continue stream flow gaging at the sites shown on Table 3 of Attachment C;
4. Conduct additional monitoring and data analysis to ascertain the occurrence and
distribution of additional parameters of concern to local water suppliers, to include
bromide, chromium (hexavalent, trivalent, and total), and 1,4-dioxane in the
Monitoring Project study area;
5. Summarize Monitoring Project water-quality data in a series of 3 biennial reports
covering the following periods: 2016-2017; 2018-2019; and 2020-2021), anticipated
to be produced by the end of September in the year following respective data
collection;
6. Produce a fact sheet suitable for the general public that describes the TAWSMP
history, objectives, data-collection network, water-quality concerns,'and resources for
obtaining detailed information by the end of FYI 9; and,
7. Expand Monitoring Project Participant base with additional entities.
Section 2. Roles of the Participants, Managing Agent, and Committee
A. The role of the Participants is to provide funds for the local portion of the Monitoring
Project costs and to appoint representatives to the Committee.
B. The Managing Agent is the Triangle J Council of Governments. The role of the
Managing Agent is to:
1. Enter into Monitoring Project contracts recommended by the Committee;
2. Provide overall Monitoring Project management services that will include, but not be
limited to, coordination among technical contractors, data management and periodic
summaries to the Participants; and
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
3. Provide administrative support to the Committee, such as meeting announcements,
minutes,billing and overall accounting.
C. The role of the Committee is to provide Monitoring Project oversight and to make
technical, financial, and administrative recommendations to the Participants. The
Committee will consist of one representative, each entitled to a single vote, appointed by
each Participant. Other individuals from each Participant may attend Committee meetings
as necessary; however, only the appointed representatives may vote in person or by
proxy. All appointments should be made by the Effective Date.
The Committee's first meeting for Phase VIII shall be convened by September 1, 2017
and chaired by the proposed Phase VIII Committee Chair. This Chair and any other
officers will be selected by the Committee from among its members and formally elected
during this meeting. Officer term length shall coincide with the duration of each Phase;
however, officer transitions may occur throughout the Phase if needed and supported by a
majority vote. The Committee may also use this meeting to adopt any rules or procedures
it deems necessary. Proposed Committee bylaws are provided in Attachment D.
The principal charge to the Committee is to oversee the Monitoring Project's timely
execution and to ensure the responsible expenditure of public funds. The Committee shall
have authority to modify the Monitoring Project's scope of work; to establish an annual
budget; and to establish annual local costs (subject to the Participants' approval in
accordance with Section 3). The Committee may not acquire any real property pursuant
to this Agreement.
The agreement with the Managing Agent attached hereto as Attachment E is hereby
approved, and the Committee Chair is authorized to enter into said agreement on behalf
of the Committee and the Participants. All actions by the Committee or the Managing
Agent related to the administration or disbursement of monies shall be in accordance with
all applicable State statutes and other rules of fiscal control applicable to local
government units and/or Councils of Governments.
Section 3. Funding of the Project
Participants do hereby enter into this Agreement with the intent of providing funds on an annual
basis necessary for completing the Monitoring Project. Local Costs for the entire Phase VIII of
the Monitoring Project will not exceed $1,830,000 for technical services provided by USGS, and
$100,000 for administrative services provided by TJCOG, as outlined in Attachment B. The
annual funding support provided by Participants for local fiscal years 2018 through 2022 shall be
as shown in Attachment B, or as otherwise necessary to undertake the project as recommended
by the Committee, provided, however, the funding level does not exceed the Participants'
projected share of annual costs for FY 2018-22. If the Committee proposes to modify the
Monitoring Project such that Total Local Costs exceed $1,830,000, this Agreement must be
amended in writing and signed by all parties. If the parties do not so amend this Agreement, the
Monitoring Project may not be modified to increase Total Local Costs.
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
Participants' local annual costs will be determined on or before March 1 preceding each local
fiscal cycle for which funds are to be budgeted. Annual local costs will be payable on or before
August 31St of the fiscal year for which they are budgeted. Payments will be made to the
Managing Agent as herein designated. Failure to pay by August 31" will result in accrual of
interest beginning September 1 at a rate of 3/4 of one percent per month (9% annual; over and
above any limits on annual local costs).
Section 4. Terms of Agreement
A. This agreement shall become effective July 1, 2017, and shall continue until the
completion of the Monitoring Project, or until June 30, 2022, whichever is earlier, unless
otherwise extended.
B. Participants may withdraw from, or additional units of local government may join, this
Agreement, effective July 1 of any year, provided they have given formal written notice
to the Monitoring Project Committee Chair and the Managing Agent by February 1 of
that calendar year. Written notice of withdrawal is deemed sufficient only if it is signed
by a person in the same position as had signed this Agreement. Any Participant wishing
to withdraw from the Monitoring Project that has not provided a formal written notice to
withdraw by March of that calendar year will be legally required to pay its agreed upon
cost share as described in Attachment B.
C. All matters relating to this Agreement shall be governed by the laws of the State of North
Carolina, and venue for any action relating to this Agreement shall be performed in the
Wake County Civil Superior Court or the United States District Court for the Eastern
District of North Carolina, Western Division.
D. In consideration of the signing of this Agreement, the parties hereto for themselves, their
agents, officials, and employees and servants agree not to discriminate on any prohibited
basis.
E. The parties agree that this Agreement is subject to the E-Verify requirements of Article 2
of Chapter 64 of the North Carolina General Statutes and any contractor or subcontractor
performing services because of this Agreement shall be required to comply with the
requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.
F. The parties by executing this Agreement certify that as of the date of this Agreement they
are not on the Final Divestment List as created by the State Treasurer pursuant to North
Carolina General Statute 147-86.58 and they are in compliance with the requirements of
the Iran Divestment Act and North Carolina General Statute 147-86.59. They shall not
utilize in the performance of this Agreement any subcontractor that is identified on the
Final Divestment List.
G. This Agreement may only be amended in writing and signed by all parties.
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
H. No party shall assign or transfer its interest in this Agreement without the written consent
of all other parties.
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Renee Paschal, County Manager
Chatham County
ATTEST:
Vicki McConnell, Deputy County Manager/Finance Director
Chatham County
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Bonnie B. Hammersley, Co&manager D661,zek
Orange ounty
cie,,.k +. At 3040j
ATTEST:
Gary ldson, Chief Financial Officer
Orange tounty f
�ep�►�' GIeJ'6'C � �"�►e
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Lance Olive, Mayor
Town of Apex
ATTEST:
Drew Havens, Town Manager
Town of Apex
Certificate of Town of Apex Finance Director
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
---------------------------------------------------------------------------
Vance Holloman, Finance Director Date
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Sean R. Stegall, Town Manager
Town of Cary
Certificate of Town of Cary Finance Director
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Karen Mills, Finance Director Date
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Thomas J. Bonfield, City Manager
City of Durham
ATTEST:
D. Ann Gray, City Clerk
City of Durham
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Keith R. Herrmann, Finance Officer
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Eric Peterson, Town Manager
Town of Hillsborough
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Phillip Cordeiro, Assistant Finance Director
Town of Hillsborough
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Ed Kerwin, Executive Director
Orange Water and Sewer Authority
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act,
Stephen Winters,Director of Finance
Orange Water and Sewer Authority
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT A
SUMMARY OF TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
PARTNERSHIP,AUGUST 1988—JUNE 2017
Due to reliance on surface water for water supply and the potential impact of growth on the
quality of the region's water supply sources, local governments in the region recognize that
water quality monitoring is crucial to the protection of the Triangle Area's surface water
resources. In 1988, a number of local governments in the six-county region, with assistance from
the Triangle J Council of Governments, formed the Triangle Area Water Supply Monitoring
Project to systematically evaluate the quality of several water supply sources in the region. With
assistance from the US Geological Survey (USGS), the Project has collected and analyzed water
quality samples from reservoirs and streams and collected continuous discharge record from
streams in the study area for nearly 30 years. These data, along with data collected by the North
Carolina Division of Water Resources (DWR) and with data collected as part of a program of the
USGS, the US Army Corps of Engineers, and the City of Durham, form a long-term
comprehensive database on the quality of many of the area's water supply reservoirs and rivers,
and selected tributaries to those water supplies.
In the last 30 years, concerns about water quality of the area's water supplies and the impact of
development on reservoir eutrophication and contaminant concentrations have remained
prominent, although specific concerns have changed. Monitoring initially focused on
determining the occurrence of synthetic organic compounds in the water column and bed
sediments; later monitoring and interpretive efforts focused on nutrient and sediment loads and
trends. Issues such as the occurrence of disinfection by-products, microbial pathogens, and
pharmaceutical and personal care products have also been addressed.
Throughout the history of the Project, the local government partnership has leveraged its local
contributions with a major cost share match through a Joint Funding Agreement with the US
Geological Survey. Phase I of the Project began with the execution of an interlocal agreement on
August 18, 1988. At that time, the local government partners consisted of Chatham County,
Orange County, the Town of Apex, the Town of Carrboro, the Town of Cary, the Town of
Chapel Hill, the City of Durham, the Town of Hillsborough, the Town of Pittsboro, the City of
Raleigh, the City of Sanford, and the Town of Smithfield. Phase I concluded in June 30, 1991.
Phase II of the Project began on July 1, 1991 with the execution of an amendment to the original
interlocal agreement. At that time, the local government partners consisted of Chatham County,
Orange County, the Town of Apex, the Town of Carrboro, the Town of Cary, the Town of
Chapel Hill, the City of Durham, the Town of Hillsborough, the City of Raleigh, the City of
Sanford, and the Town of Smithfield. The Town of Pittsboro had left the Project after Phase I.
Phase II concluded in June 30, 1995.
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
Phase III of the Project began on July 1, 1995 with the execution of an amendment to the original
interlocal agreement. At that time, the local government partners consisted of Chatham County,
Orange County, the Town of Apex, the Town of Carrboro, the Town of Cary, the Town of
Chapel Hill, the City of Durham,the Town of Hillsborough, and the City of Sanford. The City of
Raleigh and the Town of Smithfield had left the Project after Phase II. Phase III concluded on
June 30, 1999.
During Phase III, the Town of Chapel Hill and the Town of Carrboro agreed that the Orange
Water and Sewer Authority would enter into the same interlocal agreement on behalf of the
Town of Chapel Hill and the Town of Carrboro to continue the Project from that point forward.
Phase IV of the Project began on July 1, 1999 with the execution of an amendment to the
original interlocal agreement. At that time, the local government partners consisted of Chatham
County, Orange County, the Town of Apex, the Town of Cary, the City of Durham, the Town of
Hillsborough, and the Orange Water and Sewer Authority. The City of Sanford had left the
Project after Phase III. Phase IV concluded on June 30, 2003.
Phase V of the Project began on July 1, 2003 with the execution of an amendment to the original
interlocal agreement. At that time, the local government partners consisted of Chatham County,
Orange County, Wake County, the Town of Apex, the Town of Cary, the City of Durham, the
Town of Hillsborough, the Town of Morrisville, and the Orange Water and Sewer Authority.
Wake County and the Town of Morrisville had joined the Project for Phase V. Phase V
concluded on June 30, 2007. During Phase V, the City of Raleigh rejoined the Project with the
execution of a confirmation of understanding effective on July 1, 2005.
Phase VI of the Project began on July 1, 2007 with the execution of a new interlocal agreement.
At that time, the local government partnership consisted of Chatham County, Orange County,
Wake County, the Town of Apex, the Town of Cary, the City of Durham, the Town of
Hillsborough, the City of Raleigh, the Orange Water and Sewer Authority, and the South
Granville Water and Sewer Authority. The Town of Cary assumed the cost share and
responsibilities of the Town of Morrisville, and the South Granville Water and Sewer Authority
joined the Project. The City of Raleigh, Wake County, and the South Granville Water and Sewer
Authority withdrew from the Project in the 5d'year of Phase VI. Phase VI concluded on June 30,
2012.
Phase VII of the Project began on July 1, 2012 with the execution of a new interlocal agreement.
At that time,the local government partnership consisted of Chatham County, Orange County, the
Town of Apex,the Town of Cary,the City of Durham,the Town of Hillsborough, and the
Orange Water and Sewer Authority. The Town of Cary assumed the cost share and
responsibilities of the Town of Morrisville. Phase VII will conclude on June 30,2017.
Phase VIII of the Project will begin on July 1, 2017 with the execution of a new interlocal
agreement. At that time, the local government partnership is expected to consist of Chatham
County, Orange County, the Town of Apex, the Town of Cary, the City of Durham, the Town of
Hillsborough, and the Orange Water and Sewer Authority. The Town of Cary will assume the
cost share and responsibilities of the Town of Morrisville. Phase VIII will conclude on June 30,
2022.
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT B
TAWSMP ANNUAL COST SHARES FOR PHASE VIII:
FY 2018—FY 2022
The annual cost for Phase VIII of the Triangle Area Water Supply Monitoring Project is
$615,000. The US Geological Survey will provide a forty-five percent cost share match of
$249,000. The Monitoring Project Partners' total annual cost for Phase VIII is the remaining
$366,000, plus $20,000 for TJCOG services and support. The Monitoring Project Partners'
individual annual cost shares are the sum of a base rate and a variable rate. The base rate is thirty
percent of the total annual Monitoring Project Partners' cost, which is thirty percent of$386,000,
divided equally among the Monitoring Project Partners. The variable rate is seventy percent of
the total annual Monitoring Project Partners' cost, which is seventy percent of $386,000,
multiplied by each Monitoring Project Partners' percentage of the total average annual water use
during Fiscal Year 2015 for all Monitoring Project Partners.
Average Share of Base Rate Variable Phase Vlll
Annual Daily Total Water Cost Rate Cost Total Annual
Water Use Use Share Share Cost
Project Partners m d
Apex 3.970 7.1% $14,475 $19,274 $33,749'
Ca includes Morrisville 17.200 30.9% $28,950 $83,505 $112,455`
.... . ::... ... .......... ...
Chatham County 1.661 3.0% $14,475 $8,064 $22,539
Durham 24.580 44.2% $14,475 $119,336 $133,811
Hillsborou 'h 1.315 2.4% $14,475 $6,384 $20,859 :
Orange County 2 0.183 0.3% $14,475 $890 $15,365
Orange Water and Sewer
Authority 6.745 12.1% $14,475 $32,747 $47,222
Total 55.65 100% $115,800 $270,200 $3861000
Notes:
1. Based on raw water withdrawals during CY 2015 as reported by the Partners in their Local Water Supply Plans.
2.Orange County's Average Annual Daily Water Use is based on the percentage of the Orange-Alamance Water System service
area located within Orange County,as indicated in its 2015 Local Water Supply Plan.
Orange-Alamance Water System service area in Orange County=30%
TJCOG Fee Cost
Shares
Local Annual Cost' $20;000 $366,000
'Costs include ongoing water-quality monitoring, 10 stream gauges,and management fee.
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT C
Tables 1 and 2, below, are from the US Geological Survey's Proposal to the Triangle Area
Water Supply Steering Committee for Water Quality Monitoring and Assessment of Selected
Streams and Reservoirs in the Triangle Area of North Carolina: Phase VIII of the Triangle Area
Water Supply Monitoring Project, July 2017 through June 2022.
TABLE 1 —ROUTINE WATER QUALITY SAMPLING SITES AND CONSTITUENTS
No.USGS samples per year
Metals,
Near a Major inc
USGS station Sampled supply Stream- Nutrients, ions Cr II1/ 14,
no. Site Location by intake flow gage Chl-a (inc Br) Cr VI dioxane
STREAM SITES
02085000 Eno River at Hillsborough,NC USGS -- yes 6 6 6 6
02096846 Cane Creek near Orange Grove, USGS -- yes 6 6 6 6
NC
02097464 MNC Creek near White Cross, USGS -- yes 6 6 6 6
0209782609 White Oak Cr at mouth near Green USGS -- yes 6 6 6 6
Level,NC
RESERVOIR SITES
0208480275 West Fork Eno Reservoir at dam USGS yes -- 6 6 6 6
near Cedar Grove,NC
0208524845 Lille Rive NC Reservoir at dam near USGS yes -- 6 6 6 6
02086490 Lake Michie at dam near Bahama, USGS yes -- 6 6 - 6 6
NC
0209684980 Cane Cr Reservoir at dam near USGS yes -- 6 6 6 6
White Cross,NC
0209699999 Jordan Lake,Haw River arm near USGS yes -- 6 6 6 6
Hanks Chapel,NC
0209719700 B.E.Jordan Lake,Haw River arm, USGS -- -- 6 6 6 6
above B.E.Jordan dam,NC
0209749990 University Lake at dam near USGS yes -- 6 6 6 6
Chapel Hill,NC
0209768310 Jordan Lake at Buoy 12 at USGS -- -- 6 6 6 6
Farrington,NC
0209799150 Jordan Lake above US Hwy 64 USGS yes -- 6 6 6 6
near Wilsonville,NC
0209801100 Jordan Lake at Bells Landing near USGS yes -- 6 6 6 6
Griffins Crossroads,NC
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
TABLE 2-STORM-EVENT-ONLY SAMPLING SITES AND CONSTITUENTS
No.USGS samples per year'
Major Metals,inc
USGS station Sampled Stream- Nutrients, ions Cr III/ 14,
no. Site Location and USGS station number by flow gage Chl-a (inc Br) Cr VI dioxane
02085070 Eno River near Durham,NC DWR yes 1-2 1-2 1-2 1-2
USGS
0208521324 Little River at SR 1461 near Orange Factory,NC DWR yes 1-2 1-2 1-2 1-2
USGS
02085500 Flat River at Bahama,NC DWR yes 1-2 1-2 1-2 1-2
USGS
02096960 Haw River near Bynum,NC DWR yes2 1-2 1-2 1-2 1-2
USGS (USACE)
02097314 New Hope Creek near Blands,NC DWR yes 1-2 1-2 1-2 1-2
USGS
0209741955 Northeast Creek at Sr 1100 near Genlee,NC DWR yes 1-2 1-2 1-2 1-2
USGS
02097521 Morgan Creek near Farrington,NC DWR yes 1-2 1-2 1-2 1-2
USGS
02098198 Haw R Below B.Everett Jordan Dam near DWR no 1-2 1-2 1-2 1-2
Moncure,NC USGS
1 Sites will be sampled at various frequencies throughout Phase VIII;up to ten samples among these sites will be collected each year
2 Gage funded through separate agreement with agency shown in parentheses .
3 Streamflow from a nearby gage,USGS site number 02097517
°Stage-only gage;Streamflow computed from USACE reservoir-release records
TABLE 3 - STREAMGAGING STATIONS FUNDED BY THE TAWSMP
USGS station
Site location
number
02085000 Eno River at Hillsborough,NC
02085070 Eno River near Durham,NC
0208521324 Little River at SR 1461 near Orange Factory,NC
02085500 Flat River at Bahama,NC
02096846 Cane Creek near Orange Grove,NC
02097314 New Hope Creek near Blands,NC
0209741955 Northeast Creek at Sr 1100 near Genlee,NC
02097464 Morgan Creek near White Cross,NC
02097517 Morgan Creek near Chapel Hill,NC
0209782609 White Oak Cr at mouth near Green Level
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT I)
MEETING AND DECISION MAKING BY-LAWS
for the
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
ARTICLE I-MEETINGS OF THE STEERING COMMITTEE
1. Meeting Frequency: Regular quarterly meetings of the Steering Committee shall be held on
such date and at such time and place as may be set by the Steering Committee. In addition,
the Steering Committee may conduct additional regular meetings at such times and places as
the Steering Committee shall determine. All meetings will be held in accordance with North
Carolina open meetings statutes.
2. Notice of Meetings: Notice of each meeting of the Steering Committee shall be in writing,
shall state the place, day and hour of the meeting and, in the case of a special meeting, shall
state the purpose or purposes for which such meeting is called. Each such notice shall be
given in accordance with the State of North Carolina's open meetings laws. All notices shall
be delivered by email to Steering Committee representatives.
3. Proxy: A representative may be represented at any meeting or meetings of the Steering
Committee or vote and exercise any other rights at any meeting by proxy or proxies
appointed in writing signed by such representative and delivered by email, mail or facsimile
to the Managing Agent at the time of such meeting.
4. Voting: The action of a simple majority of the representatives present and voting at a
meeting at which a quorum (see below) is present shall be the action of the Steering
Committee. Each Participant shall be entitled to one (1) representative and one (1) vote on
any matter coming before the Steering Committee of the partnership.
(a) Quorum: A quorum shall consist of at least one-half of the Steering
Committee representatives, each one representing a different Participant,
present in person or by proxy. A majority of the Steering Committee
representatives present at a meeting, whether or not a quorum is present, may
adjourn such meeting from time to time until a quorum is present. The
Steering Committee may act by consensus or majority vote of the
representatives present. Voting may take place by email, by telephone
conference, by facsimile, by written ballot, or by vote at a duly called
meeting. Once a quorum is present at a meeting, the exiting or abstention of
any representative shall not remove such quorum and all business which
otherwise could have been conducted at such meeting may continue to be
conducted.
5. Rules of Order: All meetings shall be conducted according to Robert's Rules of Order,
newly revised, except as otherwise noted in these By-laws.
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ARTICLE II-AMENDMENTS TO BY-LAWS
Amendments to these by-laws may be approved by an affirmative vote of the majority of the
Steering Committee, provided written notice of the proposed changes have been provided to all
representatives at least thirty (30) days prior to the vote being taken. Amendments shall take
effect immediately upon their adoption unless specified otherwise in the amendment.
ARTICLE III-ADOPTION OF BY-LAWS
The TAWSMP Steering Committee has approved these By-laws on the day of
in the year , by a vote of for to against.
BY: ATTEST:
Sydney Miller, Chair Witness
City of Durham
Jeff Adkins Witness
Town of Cary
David Hardin Witness
Town of Apex
Brian Burkhart Witness
Chatham County
Kenny Keel Witness
Town of Hillsborough
Tom Davis Witness
Orange County
Kenneth Loflin Witness
Orange Water And Sewer Authority
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT E
AGREEMENT BETWEEN THE
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT STEERING COMMITTEE
AND
TRIANGLE J COUNCIL OF GOVERNMENTS
REGARDING THE OVERALL MANAGEMENT OF THE
WATER QUALITY MONITORING PROJECT
This Agreement is entered into this day of , 2017 by and between the Triangle
Area Water Supply Monitoring Project Steering Committee, hereinafter called the Committee,
and the Triangle J Council of Governments, hereinafter called the Managing Agent.
WHEREAS, Chatham County, Orange County, the Town of Apex,the Town of Cary,the City of
Durham, the Town of Hillsborough, and the Orange Water and Sewer Authority (hereinafter
called the "Participants") have entered into an Interlocal Agreement effective July 1, 2017
(`Interlocal Agreement') for the purpose of facilitating a water quality monitoring project for the
Triangle Area surface water supplies,hereinafter called the "Project;" and
WHEREAS, those counties, municipalities and authorities have created a Steering Committee
and empowered the Chair to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Committee and Managing Agent hereby
mutually agree as follows:
Section 1. Purpose
The purpose of this Agreement is to provide for the overall administration of the Project.
Section 2. Scope of Services
The Managing Agent shall perform the tasks necessary for overall Project administration. The
Managing Agent will act on the Committee's behalf in all of the Committee's contractual
agreements.
The general procedure that will be followed will be one of day to day management and oversight
of the Project by the Managing Agent, performed within the context of regular consultation with
Committee members and other technical advisors and contractors to the Project.
The Managing Agent agrees to provide the services hereinafter set forth:
A. Collaboration with the Project's technical contractors to review and provide input on
products, reports, and other documents, create informational materials, and to relay pertinent
information to the Steering Committee and Participants as needed;
B. Day to day oversight of the Project's contracts and agreements, ensuring that objectives are
achieved and milestones are met according to contract/agreement specifications;
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
C. Maintenance of the Project's financial records and other bookkeeping activities, including the
collection of local funds committed to the Project and payment of contractors;
D. Maintenance of records to ensure compliance with all applicable State statutes and other
rules of fiscal control applicable to local government units;
E. Staff support to the Project Steering Committee, including meeting room facilities,
announcements and minutes;
F. Periodic written and verbal reports of progress toward the Project's overall objectives, as
stated in Section 1 of the July 1, 2017 Interlocal Agreement, including quarterly progress
reports;
G. Liaison between the Committee and its technical consultants regarding any modifications
that may be needed to better meet those objectives; and
H. Preparation of a draft Annual Administrative Workplan that will clearly define expectations,
deliverables and schedule milestones for the subsequent fiscal year. A draft Workplan will
be provided by the Managing Agent to the Committee for their consideration by April 1 prior
to the beginning of the applicable fiscal year.
1. Participation in any Committee annual performance review of the Managing Agent.
J. Other staff support services to assist the Committee in its primary charge of overseeing the
Project's timely execution and insuring the responsible expenditure of public funds. This will
include working with the Committee to expand the Participant base for the Project, the
creation and maintenance of an online document sharing portal for all TAWSMP products,
reports, and other information, and any other efforts as determined by a vote of the
Committee and included in the adopted Annual Administrative Workplan, and which would
not detract from providing the services enumerated in Section 2, Parts A through G above.
Section 3. Time of Performance
The services of the Managing Agent will commence on July 1, 2017, and will terminate upon
completion of the Project, or on June 30, 2022, whichever is earlier, unless otherwise extended.
Section 4. Compensation
The total compensation to be paid for services outlined in Sections 2 of this Agreement will be
$100,000, payable according to the following schedule unless the Committee invokes by
majority vote the Fund Withholding Provision of this section:
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
June 30, 2018: $20,000
June 30, 2019: $20,000
June 30, 2020: $20,000
June 30, 2021: $20,000
June 30, 2022: $20,000
Total $100,000
All payments shall be made to the Managing Agent from the annual funding support provided by
the Participants in the Project.
The Project Steering Committee may review the performance of the Managing Agent as
necessary to ascertain fulfillment of work plan obligations. The Committee may, by majority
vote, make a determination that Managing Agent is deficient in providing one or more services
enumerated in Section 2. In making such a determination, the Committee shall provide written
notice to Managing Agent specifying:
1. In which of the enumerated services there is a deficiency,
2. The funded activity in the Annual Administrative Work Plan which is deficient and the
specific nature of the deficiency,
3. The steps Managing Agent needs to take to remedy the deficiency,and
4. The deadline by which the remedy needs to be achieved.
If, after the deadline, the Committee by majority vote determines that the deficiency has not been
satisfactorily remedied, the Committee may withhold ten percent of the Managing Agent's
compensation for the Fiscal Year covered by the Annual Administrative Work Plan. In the event
that Participants have already paid the total annual compensation for the fiscal year, Managing
Agent shall return ten percent of the compensation to each Participant.
Section 5. Suspension or Termination
Either party 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,
including inability of Participants or any one Participant to provide adequate funding.
If the Committee withholds payment, it shall advise the Managing Agent 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 the Committee or the Managing Agent intends to suspend this
Agreement, it shall advise the other party and specify in writing the actions that must be taken
and a reasonable date of compliance in order to avoid suspension of the Agreement. Upon
receipt of notice of termination Managing Agent shall immediately cease all services and meet
with the Committee to determine what services, if any, shall be required to bring the Project to a
reasonable termination in accordance with the Committee's request.
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
Section 6. Access to Records
The Managing Agent shall maintain all official Project records and documents during the
Project. The Committee shall have access to any books, documents, papers and records of the
Managing Agent, which are pertinent to the execution of this Agreement, for the purpose of
making audits, examinations, excerpts and transcriptions.
Section 7. Interest Earned on Committee Revenues
The Managing Agent shall place the interest earned on the revenues received from August 9,
1988 until the end of the Project into a deferred revenue account. This account shall offset
expenses in the final year of the Project or shall be applied to unforeseen Project expenses, as
determined by the Committee.
Section 8. Additional Terms
A. This Agreement may only be amended in a writing signed by the parties.
B. Managing Agent shall not assign or transfer its interest in, nor delegate its duties under
this Agreement.
C. This Agreement shall be governed by the laws of the State of North Carolina. Any and
all suits or actions related to this Agreement shall be brought in Wake County N.C. as
defined in Section 4 of the Interlocal Agreement.
D. The parties agree that this Agreement is subject to the E-Verify requirements of Article 2
of Chapter 64 of the North Carolina General Statutes and any contractor or subcontractor
performing services because of this Agreement shall be required to comply with the
requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.
E. The parties by executing this Agreement certify that as of the date of this Agreement they
are not on the Final Divestment List as created by the State Treasurer pursuant to North
Carolina General Statute 1.47-86.58 and they are in compliance with the requirements of
the Iran Divestment Act and North Carolina General Statute 147-86.59. They shall not
utilize in the performance of this Agreement any subcontractor that is identified on the
Final Divestment List.
F. If any provision of this Agreement is held as a matter of law to be unenforceable, the
remainder of this Agreement shall be enforceable without such provision.
By:
Sydney Miller, Chair, Triangle Area Water Supply Monitoring Project Steering Committee
By:
Lee Worsley,Executive Director, Triangle J Council of Governments