HomeMy WebLinkAbout2007 Co Manager - Interlocal Agreement participation in the Triangle Area Water Supply Monitoring Project Phase 6.., ~., y-~-u-~
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• STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
COUNTY OF DURHAM
COUNTY OF GRANVILLE
COUNTY OF ORANGE
COUNTY OF WAKE
INTERLOCAL AGREEMENT
for
PHASE VI
of the
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
THIS AGREEMENT is made and entered into by and between the County of Chatham, the
County of Orange, the County of Wake, 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 (hereinafter, the "Participants"), to be
effective from and after July 1, 2007.
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 project established a Monitoring Project
Steering Committee (hereinafter, the "Committee") to make technical, financial, and
administrative recommendations to the participating local entities; and
WHEREAS, the Monitoring Project has been continuously funded through a Joint Funding
Agreement with the US Geological Survey (hereinafter, the "LTSGS") through June 30, 2007 as
described in Attachment A; and;
WHEREAS, the Monitoring Project will complete its Phase V monitoring program on June 30,
2007; and
WHEREAS, said Committee has determined that additional monitoring is needed and desirable
to meet the objectives of measuring water quality conditions and long-term trends in water
quality;
NOW, THEREFORE, the parties hereto desire to enter into an Interlocal Agreement pursuant to
GS 160A for the purpose of operating a water quality monitoring project for the Triangle Area
surface water supplies. Toward that end, the Participants have agreed to the following
requirements and conditions:
Page 1 of 18
TRIANGLE AREA WATER SUPPLY MONTTORING PROJECT
INTERLOCAL AGREEMENT
•
Section 1. Purpose of the Project
A. The primary objectives of the Monitoring Project are to:
1. Supplement existing data on major ions, nutrients, and trace elements to enable
determination oflong-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 the presence or absence of synthetic organic compounds 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 VI of the Monitoring Project are to:
1. Continue water quality monitoring at the sites and frequencies and for the parameters
listed on Table 1 of the Monitoring Project Proposal for Phase VI (see Attachment C);
2. Continue stream flow gaging at the sites also shown on Tables 1 and 2 of Attachment
C;
3. Increase data collection at existing tributary sites during high-flow events as shown
• on Table 2 of Attachment C;
4. Collect replicate samples of chlorophyll a to compare Monitoring Project results with
those of the NC Division of Water Quality (hereinafter, the "DWQ");
5. Conduct additional monitoring and data analysis to ascertain the occurrence and
distribution of mercury in the Monitoring Project study area and prepare an
interpretive report on the findings; and
6. Support the USGS application for DWQ certification for selected field parameters
and laboratory analytes, including nitrogen and phosphorus fractions, chlorophyll a,
and selected metals and trace elements.
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 provide representatives to the Committee.
B. The role of the Managing Agent is to:
1. Act on behalf of the Committee in contractual agreements;
2. Provide overall project management services that will include, but not be limited to,
coordination among technical contractors, data management and periodic summaries
to the Participants; and
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. The Conunittee
will consist of one member, each entitled to a single vote, appointed by the Manager or
Administrator of each Participant. All appointments shall be made by July 31, 2007.
Page2of18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERt.OCAL AGREEMENT
The Committee s first meeting shall be convened by September 1, 2007 and chaired by
the current Committee Chair representative. During the meeting the Committee will
select officers from among its members and may adopt any rules or procedures it deems
necessary.
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; to establish annual local costs (subject to the Participants' approval); and to enter
into contracts or agreements for carrying out the Monitoring Project, The Committee may
not acquire any real property pursuant to this Agreement. The Committee will contract
with a Managing Agent. All actions by the Committee or its 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.
Section 3. Funding ofthe Project
Total local costs for the entire Phase VI of the Monitoring Project are $2,134,125, but are subject
to change ifthe Monitoring Project is modified by the Committee as specified in Section 2.C.
The annual funding support provided by Participants for local fiscal years 2008 through 2012
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 t
Participants' projected share of annual costs for FY 2048-12. Participants' local annual co
be determined on or before March 1 preceding each local fiscal cycle for which funds aze
budgeted. Annual local costs will be payable on or before August 31 of the fiscal year fo
they are budgeted. Payments will be made to the Managing Agent as herein designated.
Section 4. Terms of Agreement
he
sts will
to be
r which
This agreement shall become effective July 1, 2007, and shall continue until the completion of
the Monitoring Project, or until June 30, 2012, whichever is earlier, unless otherwise extended.
Participants do hereby enter into this Agreement with the intent of providing funds on an annual
basis necessary for completing the Monitoring Project.
Participants may withdraw from, or additional units of local government may join, this
Agreement, effective July 1 of any year, provided they have given written notice to the
Committee by January 1 of that calendar year.
In consideration of the signing of this contract, the parties hereto for themselves, their agents,
officials, and employees and servants agree not to discriminate in any manner on the basis of
race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the
subject matter of this contract.
•
Page 3 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
•
f
•
Charles Horne, County Manager
Chatham County
/,~~a,~-
ATTEST:
Vicki McConnell, Finance Director/Assistant County Manager
Chatham County
This instrument has been preaudited n the manner required by the Local Government and
fiscal control act..
Page 4 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
•
Laura E. Blackmon, County Manager
Orange County.
ATTEST: F
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
4
Kenneth Chavious, Chief Finance Officer
Orange County
•
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAI, AGREEMENT
•
J
/ ATTEST•
David oke, County Manager
Wake unty
This insUument has been preaudited in the manner
n:quired by the Local Government Budget and Fiscal
Control Act.
`FINANCE DIRECTOR
Page6of18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST: ~
Kei H. Weatherly, Mayor Georgia A. Evangelist, NIl~IC
Town of Apex Zbwn Clerk, Apex, N.C.
PPE
1873
CAS
•
Page 7 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
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William B. Coleman, Jr., Town M a r
Town of Cary
ATTEST: (/L..J c~'~-~
~ ~rr~Ft ar N~ ~r v-~n~ ~ cane i~ 6ie,i,t~. r~y+g r de->`;_
Provision for the payment of the monies to tali
due under this agreement has been made by
appropriation duly made or by bonds or notes
duly authorized, as required by the
"Municipal Fiscal Contr 1 A t."
sL~.9/67 ~,~, Debi
Page 8 of 18 Date !lenLt~~ ~in!?nr.,~ ~f,~FjrQr
TRIANGLE AREA WATER SUPPLY MONTTORING PROJECT
INTERLOCAL AGREEMENT
•
•
~==~- A'f TEST:
Patrick W. Baker, City Manager ; ~ ~ ,,
City of Durham ~o~/,~~ ~ ~. ~.~~
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been reaudited in the ~~ ~~ °t-ti ~`";w ~~a
the al Gov ent ~ ~`'~`v i~ ~ ~'~~'~
' trol Act. / ~
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zy y ~~.
ICER DATE '`~
Page 9 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
•
E c Peterson, Town Manager
Town of Hillsborough
ATTEST:
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act. ~~aeeeo~e
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Greg Siler, Fin ce Director
Town of Hillsborough
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Page 10 of 18
•
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Perry . J es III, C ~O
City o ei
City of Raleigh
NORTH CAROLINA
COUNTY OF WAKE
ACKNOWLEDGEMENT
This is to certify that on the '~ day of JGh.e.- , 2001, before me personally came
Gail G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that
she is the City Clerk and Treasurer and J. Russell Allen is the City Manager of the City of
Raleigh, the municipal corporation described in and which executed the foregoing; that she
knows the corporate seal of said municipal corporation; that the seal affixed to the foregoing
instrument is said corporate seal, and the name of the municipal corporation was subscribed
thereto by the said City Clerk and Treasurer and that the said corporate seal was affixed, all by
order of the governing body of said municipal corporation, and that the said instrument is the act
and deed of said municipal corporation.
WITNESS my hand and official seal this the ~ day of cJ lan ~ , 20 07
(SEAL)
My Commission Expires: 2 Flo
~1 Q~ Q~iIA. .~ _ o~~.
Notary Pu lic-
U~lor~ ~. 7~. ~•~ kes
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TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
•
•
•
L
Ed Kerwin, Executive Director
Orange Water and Sewer Authority
ATTEST:
Page 12 of 18
r
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
U
L
' dsay Mize, Executive Dir ctor
South Granville Water and Sewer Authority
ATTEST: ~.
Page 13 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT A
SUMMARY OF TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
PARTNERSHIP, AUGUST 1988 -JUNE 2007
Because of 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 more than 15 years. These data, along with data collected by the
North Carolina Division of Water Quality (DWQ) and with data collected as part of a program of
the USGS, the US Army Corps of Engineers, and the City of Durham, form along-term
comprehensive data base on the quality of many of the area's water supply reservoirs and rivers,
and selected tnbutaries to those water supplies.
In the last 15 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 ofdisinfection by-products, microbial pathogens, and
pharmaceutical and personal care products have also been addressed.
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.
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
Page 14 of 18
TRIANGLE AREA WATER SUPPLY MONTTORING PROJECT
INTERLOCAL AGREEMENT
• 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 Canrboro 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 will
conclude 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 will begin on July 1, 2007 with the execution of a new interlocal
agreement. At that time, the local government partnership is expected to consist 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 will assume the cost
share and responsibilities ofthe Town of Morrisville, and the South Granville Water and Sewer
Authority will join the Project for Phase VI. Phase VI will conclude on June 30, 2012.
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.
Page 15 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
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ATTACHIVIENT B
TAWSMP ANNUAL COST SHARES FOR PHASE VI:
FY 2008 - FY 2012
C~
•
The annual cost for Phase VI ofthe Triangle Area Water Supply Monitoring Project is $721,500.
The US Geological Survey will provide aforty-five percent cost shaze match of $324,675. The
Monitoring Project Partners' total annual cost for Phase VI is the remaining $396,825, plus
$20,000 for TJCOG services and support, plus $10,000 to rebuild a contingency balance. 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 $426,825, 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 $426,825, multiplied by each Monitoring Project Partners' percentage of the
total average annual water use during Fiscal Year 2006 for all Monitoring Project Partners.
Average Annual Share of Total Variable Rate Base Rate Phase Vf Annual
Daily Water Use Water Use Cost Share Cost Share Cost Share
Project Partners (mgd) ~
Apex 3.24 2.8% $8.446 $11,641 520,087
Cary (includes Morrisville) 14.15 12.3°~ $36,887 $23,281 $60,168
Chatham County 1.49 1.3% $3,884 $11,641 $15,525
Dufiam 29.44 25.7% $76,753 $11,641 $88,394
Hillsborough 1.278 1.1% $3,332 $11,641 $14,972
OrangeCounty2 0.12 0.1°k $323 $11,641 511,964
Orange Water and Sewer Authority 8.69 7.6°~ $22,653 $11,641 134,294
''
Raleigh 53.23 46.4°~ $138,762 $11,641 5150,403
South Grarnille WASA 2.388 2.1% $6,225 $11,641 $17,866
Wake Cou 0.58 0.5% $1,512 $11,641 513,153
Total 114.61 100% $ 298,778 $ 128,048 1428,825:_
Notes:
1. Based on raw water withdrawals during the FY 2005-2006 year as reported by the Partners.
2. Orange Counts Average Annual Daily Water Use is based on the percentage of the Orange-Alamance
Water System service azea located within Orange County, as indicated in their 1997 Local Water Supply
Plan.
Page 16 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
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ATTACHMENT C
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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 for Selected
Streams and Reservoirs in the Triangle Area of North Carolina: Phase VI of the Triangle Area
Water Supply Monitoring Project, July 2007 through June 2012.
TABLE 1-ROUTINE WATER QUALITY SAMPLING SITES AND CONSTITUENTS
No. USGS sam les er ear
Near a Stream- Major Chloro-
USGS Sampled supply flow ions, phyll Trace
number Site Location in NC by intake gage nutrients lakes metals
02085000 Eno River near Hillsborou USGS s s 6 - 2
Little River Reservoir at dam near
0208524845 Bahama USGS s n/a 4 4 2
02086490 Lake Michie at dam near Bahama USGS s n!a 4 4 2
DWQ
02086920 Falls Lake at I-85 near Redwood USGS - n/a 6 6 2
TBD Lake Holt USGS s n/a 4 4 2
Falls Lake at NC 50 near Sandy
0208703650 Plain USGS - n/a 6 6 2
DWQ
0208708905 Falls Lake at NC 98 near Ba leaf USGS - n/a 6 6 2
0208718195 Falls Lake above dam at Falls USGS s n/a 6 6 2
Lake Wheeler on Swift Creek near
02087588 Ralei USGS - n/a 4 4 2
02087701 Lake Benson at dam near Gamer USGS s n/a 4 4 2
02096846 Cane Creek near Oran Grove USGS - s 6 - 2
Cane Cr Reservoir at Dam near
0209684980 White Cross USGS s n/a 4 4 2
Jordan Lake, Haw River Arm ab B.
0209719700 Everett Jordan dam USGS - n/a 6 6 2
02097464 Mor Creek near White Cross USGS - s 6 - 2
University Lake at Intakes near
0209749990 Cha 1 Hill USGS s n/a 4 4 2
Jordan Lake at Buoy 12 at
0209768310 Farrin on USGS - n/a 6 6 2
White Oak Cr at mouth near Green yes
0209782609 Level USGS ~ - 6 - 2
Jordan Lake above U.S. Highway
0209799150 64 near Wilsonville USGS s n/a 6 6 2
Jordan Lake at Bells Landing near
0209801100 Griffins Crossroads USGS s n/a 6 6 2
~ DWQ sampling site for Falls Lake Nutrient Management study
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Page 17 of 18
TRIANGLE AREA WATER SUPPLY MONTTORING PROJECT
1NTERLOCAL AGREEMENT
TABLE 2 -STORM-EVENT-ONLY SAMPLING SITES AND CONSTITUENTS
•
No. USGS sam les r ear
Stream- Major ions,
USGS Sampled flow nutrients, Trace
number Site Location in NC b gage sus , sed. metals
DW
02085070 Eno River near Durham USGS' s 2' 2'
Little River at SR 1461 near Onu-ge DW
0208521324 Fact USGS' s 2' 2'
DWQ
02085500 Flat River at Bahama USGS' s 2' 2~
DW yes
02086624 Kna of Reeds Creek near Butner USGS' Ralei 2' 2'
DW
Durham yes3
02086849 Ellerbe Creek near Gorman USGS' (Ralei 2' 2'
Little Lick Creek above SR1814 near Oak DW
0208700780 Grove USGS' no 2' 2'
DWQ yes
02096960 Haw River near B um USGS' COE 2' 2'
DWQ
02097314 New Hope Creek near Blends USGS' s 2' 2'
DWQ
0209741955 Northeast Creek at Sr 1100 near Genlee USGS' s 2' 2'
DWQ
02097521 Mor Creek near Fan-in on USGS' s4 2' 2'
Haw R Below B. Everett Jordan Dam near DWQ
02098198 Moncure USGS' nos 2' 2'
'Maximum of 2 samples per year per site; maximum of 16 samples per year among all sites
2 DWQ sampling site for Falls Lake Nutrient Management study
s Gage funded through separate agreement with agency shown in parentheses
a Discharge from a nearby gage, site 02097517
s Discharge computed from other data source (COErewrvoir-release records)
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