STATE OF NORTH CAROLINA
COUNTY OF ORANGE

 

MEMORANDUM OF AGREEMENT

 

TOWN OF CHAPEL HILL AND TOWN OF CARRBORO

BOLIN CREEK WATERSHED RESTORATION TEAM,

CLEAN WATER MANAGEMENT TRUST FUND

STORMWATER MINI-GRANT

 

THIS AGREEMENT, made and entered into between the Town of Chapel Hill, North Carolina, a North Carolina municipal corporation, 405 Martin Luther King Jr. Blvd., Chapel Hill, NC 27514 (hereinafter referred to as “Chapel Hill”), and the Town of Carrboro, North Carolina, a North Carolina municipal corporation, 301 West Main Street, Carrboro NC 27510 (hereinafter referred to as “Carrboro”), for a joint project for the application, administration, and funding of a Stormwater Mini-grant from the Clean Water Management Trust Fund (hereinafter referred to as “Mini-grant”):

 

 

WHEREAS, the parties to this agreement are public bodies, politic and corporate, under the laws of the State of North Carolina; and

 

WHEREAS, the parties are vested with the power and authority to undertake joint projects for the health safety and general welfare of the citizens; and

 

WHEREAS, Bolin Creek passes through both Carrboro and Chapel Hill, and as such receives stormwater from both municipalities; and

 

WHEREAS, Carrboro and Chapel Hill are both members of the Bolin Creek Watershed Restoration Team (BCWRT); and

 

WHEREAS, as members of the BCWRT, Carrboro and Chapel Hill share the goal of improving water quality in the Bolin Creek Watershed and removing all segments of Bolin Creek from the State’s Section 303(d) List; and

 

WHEREAS, Chapel Hill and Carrboro recognize that the accomplishments achieved by the successful implementation of this Mini-grant will be beneficial to the citizens of both towns:

 

NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

  1. Carrboro and Chapel Hill will jointly undertake a geomorphic analysis of the Bolin Creek Watershed, as shown in the draft scope of work provided as Schedule A, at a projected total cost of no more than $50,000.
  2. Carrboro, through the Town’s Planning Division, as the Mini-grant applicant, shall serve as the lead jurisdiction for administration of the Mini-grant and all related contracts (including the agreement with an environmental consultant) needed to conduct the geomorphic analysis. In administering the Mini-grant and any related contracts and financial transactions, staff from the Planning Division of the Town of Carrboro will do so in consultation with staff from the Stormwater Management Program of the Town of Chapel Hill, and other members of the BCWRT, which may also include staff from the NC Department of Environment and Natural Resources (DENR) and US Environmental Protection Agency (EPA).
  3. Carrboro will invoice the Town of Chapel Hill for its portion of the project costs, as shown in item 5 below, upon being awarded the Mini-grant by the Clean Water Management Trust Fund (CWMTF).
  4. Carrboro will accept the Mini-grant’s reimbursement amount of $45,000 from the CWMTF upon successful completion of the project.
  5. Carrboro and Chapel Hill will share the local government percentage of the cost of said project based on the 2004 municipal population estimates from the NC State Demographics Unit, as follows:
    Chapel Hill 74.5% (projected share, $3,725)
    Carrboro 25.5% (projected share, $1,275)
  6. The Project Deliverables and Timetable of Activities shall be as shown in the attached Schedule A, a draft “Scope of Work for Geomorphic Analysis of the Bolin Creek Watershed” and in the Mini-grant agreement to be finalized between CWMTF and Carrboro.
  7. This agreement may be amended by mutual written agreement of Chapel Hill and Carrboro.
  8. This agreement shall commence upon execution of the Mini-grant, and the obligation for Carrboro and Chapel Hill cost shares shall be contingent upon Mini-grant award. This agreement will be in effect until the Mini-grant is completed and Carrboro has received the reimbursement.
  9. This Agreement constitutes the entire Agreement of the parties hereto.

 

IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and caused it to be executed in their behalf by the undersigned agents.

 

This, the ___ day of ________, 2006.

 

TOWN OF CHAPEL HILL

 

                                                     

Roger L. Stancil, Town Manager

 

                                                     

Attest: Town Clerk

 

Approved as to form and authorization:

 

                                                     

Town Attorney

 

 

TOWN OF CARRBORO

 

                                                     

Steve Stewart, Town Manager

 

                                                     

Attest: Town Clerk

 

Approved as to form and authorization:

 

 

                                                     

Town Attorney

 

 

 

This Agreement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.

 

 

                                                     

Town of Carrboro Finance Director

 

                                                     

Town of Chapel Hill Finance Director