HomeMy WebLinkAbout2012-436 DEAPR - Interlocal Agreement for Phase VII of the Triangle Area Water Supply Monitoring Project STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
COUNTY OF DURHAM
COUNTY OF ORANGE
COUNTY OF WAKE
INTERLOCAL AGREEMENT
for
PHASE VII
of the
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
THIS AGREEMENT is made and entered into by and between the County of Chatham, 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, 2012.
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 "USGS")through June 30, 2012 as
described in Attachment A; and;
WHEREAS,the Monitoring Project will complete its Phase VI monitoring program on June 30,
2012; 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-460 et seq 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 22
TRIANGLE AREA WATER SUPPLY MONITORING 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 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 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 V11 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 I of the Monitoring Project Proposal for Phase VI (see
Attachment C);
2. Continue water quality data collection at existing tributary sites during high-flow
events 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 algal toxins and taste and odor compounds at drinking-water intake
sites in the Monitoring Project study area and prepare an interpretive report on the
findings; and
5. 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 Managing Agent is the Triangle J Council of Government. 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 Committee
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, 2012.
Page 2 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
The Committee's first meeting shall be convened by September 1, 2012 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. 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). 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.
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. Total Local Costs for the entire Phase
VII of the Monitoring Project will not exceed $1,550,000. The annual funding support provided
by Participants for local fiscal years 2013 through 2017 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 2013-17. If the Committee proposes to modify the Monitoring Project such that Total Local
Costs exceed$1,550,000,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.
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 31 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).
Section 4. Terms of Agreement
A. This agreement shall become effective July 1, 2012, and shall continue until the
completion of the Monitoring Project, or until June 30, 2017, whichever is earlier,unless
otherwise extended.
Page 3 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
B. Participants may withdraw from, or additional units of local government may join,this
Agreement, effective July I of any year,provided they have given formal written notice
to the Monitoring Project Committee Chair and the Managing Agent by March I 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 contract shall be governed by the laws of the State of North
Carolina, and venue for any action relating to this agreement shall be 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 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.
E. This Agreement may only be amended in a writing signed by all parties.
F. No party shall assign or transfer its interest in this Agreement without the written consent
of all other parties.
G. This Agreement shall be ratified by resolution of the governing board of each party
spread upon its minutes.
Page 4 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Charles Horne, County Manager
Chatham County
This Instrument has been pre-audited in
the manner prescribed by the Local
Government Fiscal Budget Act.
Vicki Mc Connell,Finance Officer
Page 5 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
LYIA ATTEST: 2)1"elh-s5c--5- -0-X4
Frank EA66n, Cotty-Munager
Orange County
(Alt� P X", ATTESTr-
Clarence Grier, Director of Financial Services
Orange County
Page 6 of 22
Lm
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST: > G-C
Kei 4ofApex atherly,Mayor Georgi Evangelist, MMC
To n Town Clerk, Apex, NC
&91a) ATTEST:
Bruce Radford,To anager eorgia . Evangelist, MMC
Town of Apex Town Clerk , Apex, NC
p,P E
• 1873 •
CA
Page 7 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
4),7XI-21 ATTEST:
Benjamin T. Slkl3k, Town Manager
Town of Cary
Certificate of Town of Cary Finance Officer
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
V( L11h C
Dep ty Finance Officer Date
Page 8 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
R*ZMRLOCAL AGREEMENT
""11J91111 I I A 9'�
Thomas J.Bonfield,City Manager ..�'`1�. ,o... �i�
City of Durham �b� ,. . AE F t �f / CA
4
O ; Y
Page 9 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Eric J. Peterson,Town Manager
Town of Hillsborough
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
0
Greg Siler, Financ Director ��O
Town of Hillsborough Town , 0
of .
Hills _ S
CA tt tt
,��>>fillltll�
Page 10 of 22
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
Page 11 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT A
SUMMARY OF TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
PARTNERSHIP,AUGUST 1988—JUNE 2012
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 a long-term
comprehensive data base on the quality of many of the area's water supply reservoirs and rivers,
and selected tributaries to those water supplies.
In the last 20 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.
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 11 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 1.
Phase 11 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,
Page 12 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
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 will assume the cost share and
responsibilities of the Town of Morrisville, and the South Granville Water and Sewer Authority
will join the Project for Phase VI. This City of Raleigh, Wake County, and the South Granville
Water and Sewer Authority withdrew from the Project in the 51'year of Phase VI. Phase VI
concluded on June 30, 2012.
Phase VII of the Project will begin on July 1, 2012 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 VII will conclude on June 30,
2017.
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 13 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT B
TAWSMP ANNUAL COST SHARES FOR PHASE VII:
FY 2013—FY 2018
The annual cost for Phase VII of the Triangle Area Water Supply Monitoring Project is
$564,000. The US Geological Survey will provide a forty-five percent cost share match of
$254,000. The Monitoring Project Partners' total annual cost for Phase VII is the remaining
$310,000,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$330,000,
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$330,000,
multiplied by each Monitoring Project Partners' percentage of the total average annual water use
during Fiscal Year 2011 for all Monitoring Project Partners.
......._......_.. ._.... ................ ..._. .......
Average Annual Share of Total Variable Rate Base Rate Phase VII
Daily Water Use Water Use Cost Share Cost Share Annual Cost
Project Partners (mgd)'
Apex 3.460 5.9% $13,698 $12,375 $26,073
Cary (includes Morrisville) 16.890 28 9% $66,868 $24,75 0_ $19,339$91,618
Chath. Y ....._. _.._ 759 _.__. 0% $6,964
__. . $12 3 ...
am Count .__1 3..... ..... .. .v:
$6 964 75
,
$109071 $12,375
Durham 27.550 47.2% $121,446
Hillsborough 1 170 2'66% $4&32 $12,375 $17,007
Orange County 2 0.188 0 3% $744 $12,375 $13,119 11
Orange Water and Sewer Authonty„ 7 331 12 6% $29 024 $12,375 $41,399
Total 58.35 100% $ 231-,0001 $ 99,000 $330,000
Notes:
1.Based on raw water withdrawals during M I year as reported bythe Partners.
2.Orange County's Average Annual Daily Water Use is based on the percentage of the Orange-Alamance Water System service ar
located within Orange County,as indicated in its 2010 Local Water Supply Plan.
Orange-Alamance Water System service area in Orange County=29%
Local Annual Cost*: $330,000
*Costs include ongoing water-quality monitoring,10 stream gages,and managementfee
*In addition,this cost includes an Algal Toxins Study(4 toxins plus 2 T&O compounds at 7 lake site&interpretive report)
Page 14 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT C
Tables I 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 VII of the Triangle Area
Water Supply Monitoring Project, July 2012 through June 2017.
TABLE 1 —ROUTINE WATER QUALITY SAMPLING SITES AND CONSTITUENTS
No.USGS samples per year
Near a Major
USGS station Sampled supply Stream- ions, Chloro- Trace
Site Location by intake flow gage nutrients phyll metals
STREAM SITES
02085000 Eno River at Hillsborough,NC USGS yes 6 2
02096846 Cane Creek near Orange Grove,NC USGS yes 6 2
02097464 Morgan Creek near White Cross, USGS yes 6 2
NC
0209782609 White Oak Cr at mouth near Green USGS yes -- 2
Level,NC I I 1 6
RESERVOIR SITES
0208480275 West Fork Eno Reservoir at dam USGS yes 4 4 2
near Cedar Grove,NC
0208524845 Little River Reservoir at dam near yes 4 4 2
Bahama,NC USGS
Lake NC Michie at dam near Bahama,
02086490 USGS yes 4 4 2
0209684980 Cane Cr Reservoir at dam near USGS yes 4 4 2
White Cross,NC
0209719700 B.E.Jordan Lake,Haw River arm, USGS 6 6 2
above B.E.Jordan dam,NC
0209749990 University Lake at dam near Chapel USGS yes 4 4 2
Hill,NC
0209768310 Jordan Lake at Buoy 12 at USGS 6 6 2
Farrington,NC
0209799150 Jordan Lake above US Hwy 64 near USGS yes 6 6 2
Wilsonville,NC
0209801100 Jordan Lake at Bells Landing near USGS 6 6 F 2
Griffins Crossroads,NC
Page 15 of 22
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
TABLE 2-STORM-EVENT-ONLY SAMPLING SITES AND CONSTITUENTS
No.USGS samples per year
Major ions,
USGS station Sampled Stream- nutrients,susp.
no. Site Location and USGS station number by flow gage sed. Trace metals
02085070 Eno River near Durham,NC DWQS yes 21 21
USG
0208521324 Little River at SR 1461 near Orange Factory,NC DWQ yes 21 21
USGS
02085500 Flat River at Bahama,NC DWQ yes 21 21
USGS
02096960 Haw River near Bynum,NC DWQ yeS2 21 21
USGS (USACE)
02097314 New Hope Creek near Blands,NC DWQS yes 21 21
USG
0209741955 Northeast Creek at Sr 1100 near Genlee,NC DWQS yes 21 21
USG
02097521 Morgan Creek near Farrington,NC DWQ yes3 21 21
USGS
02098198 Haw R Below B.Everett Jordan Dam near DWQ no4 21 21
Moncure,NC USGS
1 Maximum of 2 samples per year per site;maximum of 10 samples per year among all sites
Z Gage funded through separate agreement with agency shown in parentheses
3 Streamflow from a nearby gage,USGS site number 02097517
4 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
Page 16 of 22
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 annual 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.
6. 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 telephone conference,
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.
7. 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.
Page 17 of 22
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 Triangle Area Water Supply Monitoring Project Steering Committee has approved these By-
laws on the day of in the year , by a vote of
for to against.
BY: ATTEST:
Kenny Keel, Chair Witness
TAWSMP
David Hardin Witness
Town of Apex
Sydney Miller Witness
Town of Cary
David Hughes Witness
Chatham County
Reginald Hicks Witness
City of Durham
Kenny Keel Witness
Town of Hillsborough
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TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
Tom Davis Witness
Orange County
Kenneth Loflin Witness
Orange Water And Sewer Authority
Page 19 of 22
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 1 2012 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, the County of Chatham, 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,
2012 for the purpose of operating 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, in a satisfactory manner as determined by the Committee, 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. Coordination of sample collection, analysis and data reporting activities among the Project's
technical contractors and the North Carolina Department of Environment and Natural
Resources;
B. Day to day oversight of the Project's technical contracts, ensuring that objectives are
achieved and milestones are met according to contract specifications;
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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 1,2012 Interlocal Agreement;
G. Liaison between the Committee and its technical consultants regarding any modifications
that may be needed to better meet those objectives; and
H. 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.
Section 3. Time of Performance
The services of the Managing Agent will continence on July 1, 2012, and will terminate upon
completion of the Project, or on June 30, 2017, whichever is earlier,unless otherwise extended.
Section 4. Compensation
Upon approval by the Project Steering Committee, payments shall be made to the Managing
Agent from the annual funding support provided by the Participants in the Project. The total
compensation to be paid for services outlined in Section 2 of this Agreement will be $100,000,
payable according to the following schedule:
June 30, 2013: $20,000
June 30, 2014: $20,000
June 30, 2015: $20,000
June 30, 2016: $20,000
June 30, 2017: $20,000
Total $100,000
Section 5. Suspension or Termination
Either parry 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
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TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
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.
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 till 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. Contract 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 Contract shall be brought in Wake County N.C.
D. 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: 1 1
Kenny Keel, hair, Triangle Area Water Supply Monitoring Project Steering Committee
By:
Kirby B xecutiv ctor, Triangle J Council of Governments
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