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Home My WebLink About2022-378-E-Planning-Triangle J. Council of Government -Clean water education partnership -CWEP-membership dues for FY-22-231 Membership Agreement for Clean Water Education Partnership (CWEP) Services Provided by the Triangle J Council of Governments This Memorandum of Understanding by and between the undersigned local government (Local Government) and the Triangle J Council of Governments (TJCOG) pertains to the services provided by TJCOG under the Clean Water Education Partnership (CWEP) program. WITNESSETH: WHEREAS, CWEP and local government stormwater programs have the same basic mission of providing stormwater outreach and education; and WHEREAS, CWEP is a program administered by TJCOG that has excelled in providing direct education and mass media to its wide variety of partner communities; NOW, THEREFORE, TJCOG, via CWEP, will prepare and make available to the Local Government the following direct education and mass media items: 1. TJCOG's CWEP Program will assist the Local Government with the following education/ outreach tasks during the term of this MOU related to direct educational programming: a. Provide physical and digital outreach materials for local governments and target audiences that describe target pollutants and their likely sources and impacts on water quality b. Maintain an internet website conveying the CWEP program's messages about stormwater pollution c. Make available for download via website outreach materials for target audiences, and distribute materials at in-person or digital community events d. Post on social media channels to promote CWEP’s key messages e. Provide unlimited local use and access to original and compiled educational materials on CWEP program website, to include educational videos, printable and digital lessons, lesson plans, and other resources useful for educating a variety of ages and audiences in various settings f. Coordinate annually with stormwater staff and/or relevant educational contacts (as requested by the Local Government) to schedule and conduct stormwater education activities that correlate with NC Essential Science Standards or provide opportunities for citizen participation which may include stream cleanups, citizen science activities, or similar efforts. CWEP will coordinate with the CWEP local government representative prior to contacting any formal educators in the member jurisdiction. g. Provide mechanisms on CWEP program website for public input on stormwater issues DocuSign Envelope ID: 5AE067FF-886E-4F6C-BEC4-4A7853E492A8 2 2. TJCOG's CWEP program will assist the Local Government with the following mass media programming: a. Coordinate an annual outreach campaign in the form of Public Service Announcements (PSAs) administered by local service providers, which includes the following: i. Videos about common target pollutants, their likely sources, their negative impact on water quality, and best practices for target audiences likely to have significant stormwater impacts ii. Static and animated banner ads about stormwater quality that link to the program website iii. Approximately 12 weeks (as market costs allow) of digital pre-roll video PSAs, spread across popular stations with the aim of reaching a variety of target audiences. iv. Approximately 8 weeks (as market costs allow) of television, radio, social media and/or digital PSAs across popular stations with the aim of reaching a variety of target audiences. CWEP will make an effort to ensure that media reach adequately covers member jurisdictions. Additional stations/programs may be proposed by local media companies and approved collectively by members. v. Print and digital advertising in Spanish-language newspaper(s). b. Provide unlimited local use and access to outreach materials created for CWEP Partners to inform target audiences about target pollutants, their likely sources and impacts on water quality c. Provide unlimited local use and access of digital media materials for Partner jurisdictions’ use in public buildings, parks, DMV locations, outdoor movies, etc d. Promote regional education and engagement events such as the CWEP Regional Creek Week through CWEP website and social media platforms Local Governments may use the tasks above to help comply with NPDES MS4 stormwater education requirements or State nutrient strategy stormwater education requirements. The Local Government’s signature on this MOU (and MS4 permit number if applicable) signifies an understanding that any one of the items listed above may only partially fulfill its education requirements during an audit from NC DEQ. Accordingly, the Local Government acknowledges that it is ultimately responsible for meeting all federal and state laws, rules and regulations related thereto. The Local Government and CWEP share responsibility for determining how specific objectives can be cooperatively achieved, with the understanding that CWEP supplements local efforts to comply with regulatory requirements. The Local Government is highly encouraged to send one or more representatives to CWEP’s quarterly steering committee meetings to collaborate on strategies. CWEP will make every reasonable attempt, as permitted by available staffing and supplies, to independently and proactively address the objectives in the Local Government’s community, and will update the CWEP Local Government representative each quarter to offer opportunities for discussion and collaboration. The Local Government agrees to pay TJCOG for the services provided herein based on a fee schedule adopted by TJCOG, voted on by CWEP Local Governments, and incorporated herein by reference. The Local Government intends to pay TJCOG for membership in the CWEP program for fiscal years 2023, 2024, and 2025, subject to availability of the Local DocuSign Envelope ID: 5AE067FF-886E-4F6C-BEC4-4A7853E492A8 3 Government’s funds appropriated for this purpose. The fee schedule for the Local Government’s annual CWEP membership equals the sum of a $2,000 base cost plus $0.041 per capita based on most recent certified population estimates generated by the North Carolina State Demographers Office. For fiscal year 2023, the Local Government’s annual CWEP membership dues shall be $4,276.00. The Local Government’s annual CWEP membership dues for fiscal years 2024 and 2025 may change based on the fee schedule noted herein if the certified population of the Local Government changes in fiscal years 2024 and 2025. The Local Government’s annual CWEP membership dues for fiscal years 2024 and 2025 shall not exceed $5,000 per year. The maximum amount payable under this agreement shall be $15,000. The period of performance under, and the term of, this MOU will begin on July 1, 2022 and will conclude on June 30, 2025. This agreement automatically renews for a total of 3 years unless either party gives 90-day notice prior to end of the term. The Local Government reserves the unilateral right to terminate this MOU for cause or convenience (in the case of cause, immediately, and in the case of convenience, upon 90 calendar days’ written notice), whereupon CWEP and TJCOG will only be entitled to prorated compensation for services properly rendered up to the date of termination. CWEP will provide an annual report by August 31 on the prior fiscal year's local and regional outreach and education, to include both description and numbers for both mass media and direct education efforts. Interim numbers can be provided as needed. IN WITNESS WHEREOF, both the Local Government and TJCOG have caused this MOU to be executed by their chief executive officers, all as of the day and year first above written. Orange County, North Carolina City/Town/County Name MS4 Permit Number, if applicable Bonnie Hammersley County Manager Signatory Print Name Title Signature TRIANGLE J COUNCIL OF GOVERNMENTS Date Signed Executive Director, TJCOG Date DocuSign Envelope ID: 5AE067FF-886E-4F6C-BEC4-4A7853E492A8 8/16/2022 8/19/2022 Revised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Triangle J. Council of Governments (TJCOG) Party/Vendor Contact Person: Lee Worsley Contact Phone: 919-558-9395 Party/Vendor Address: 4307 Emperor Blvd., Suite 110 City Durham State: NC Zip: 27703 Department: Planning Amount: $4,276.00 for FY23, not to exceed $15,000 total for FY23, FY24 and FY25 combined Purpose: Clean Water Education Partnership (CWEP) Membership Dues for FY22-23 Budget Code(s): #10695020-719037-72089 Vendor # 5855 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date July 1, 2022 Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Travis Myren (Deputy County Manager) signing for Cy Stober (Director) Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 5AE067FF-886E-4F6C-BEC4-4A7853E492A8 8/16/2022 8/16/2022 8/18/2022 8/19/2022 Should any of the above described coverages be cancelled before the expiration date thereof the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Companies affording Coverage Certificate of Insurance This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the Policies below. Named Participant Triangle J COG 4307 Emperor Boulevard, Durham, NC, USA Durham, NC 27703 Type of Coverage Effective Date Limits of LiabilityExpiration Date Description Evidence of Coverage EVIDENCE OF COVERAGE , 07/01/202307/01/2022GENERAL LIABILITY Commercial General Liability Claims Made Occurrence Products-Comp/Operations Aggregate $5,000,000 Interlocal Risk Financing Fund of North Carolina Issue Date (MM/DD/YYYY) COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE LISTED BELOW IS AFFORDED TO THE PARTICIPANT NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PROGRAM. Policy Number North Carolina Interlocal Risk Management Agency A = B = Co Ltr ý PL-R-94006-2022-02A ¨ý Personal & Adv. Injury $5,000,000 Each Occurrence $5,000,000 Fire Damage (Any one fire) Med. Expense (Any one person) N/A Deductible $500 $1,000,000 A AUTOMOBILE LIABILITY PL-R-94006-2022-02 07/01/2022 07/01/2023 Limit Deductible CSLAny Auto (Symbol 1)ý Hired Autos (Symbol 8)¨ Non-Owned Autos (Symbol 9)¨ Uninsured/Underinsured Motorists¨ $500 PROPERTYA PL-R-94006-2022-02 07/01/2022 07/01/2023 Limit Deductible Real & Personal Propertyý Auto Physical Damage (Symbol 7 & 8)ý Municipal Equipment¨ Computer Equipment & Mediaý Portable Equipment¨ Fine Arts¨ $486,891 $500 Per Scheduled ItemPer Scheduled Item $500$150,000 Police Professional Liability Deductible Claims Made Occurrence¨¨ Public Officials LiabilityA PL-R-94006-2022-02 07/01/2022 07/01/2023 Deductible $5,000,000/$5,000,000 $10,000Claims Made Occurrenceý¨ Workers' Compensation Limit WC Statutory Limit¨ Each Accident Disease - Policy Limit Disease - Each Employee OTHER COVERAGE A PL-R-94006-2022-02 07/01/2022 07/01/2023 Limit Deductible $100,000 $250Crime - Employee Dishonesty/Forgery Alterationý $100,000 $0Public Officials Bondý Workers' Compensation and Employer's Liability ¨ Certificate Holder Cancellation Authorized Representative 06/10/2022 $5,000,000 07/01/202307/01/2022 07/01/202307/01/2022 PL-R-94006-2022-02 07/01/2022 07/01/2023 Builder's Risk¨ A A A PL-R-94006-2022-02 PL-R-94006-2022-02 07/01/2022 Claims Made 07/01/2023 Occurrence DeductibleA $10,000$5,000,000/$5,000,000 Employment Practices Liability ¨ý PL-R-94006-2022-02 Limit(per occurrence/aggregate) Limit(each claim/aggregate) Limit(each claim/aggregate) DocuSign Envelope ID: 5AE067FF-886E-4F6C-BEC4-4A7853E492A8