ATTACHMENT 2
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
TOWN OF CHAPEL HILL AND TOWN OF CARRBORO
BOLIN CREEK WATERSHED RESTORATION INITIATIVE
CLEAN WATER ACT SECTION 319(H) 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 Clean Water Act Section 319(h) Grant from the U.S. Environmental Protection Agency (hereinafter referred to as “319 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 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 303(d) List of Impaired Waters; and
WHEREAS, Chapel Hill and Carrboro recognize that the accomplishments achieved by the successful implementation of this 319 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. Projects as described in the 319 grant application, provided as Schedule A, that occur in multiple jurisdictions or have no associated location will be the shared responsibility of the two Towns. Carrboro and Chapel Hill will jointly undertake the development of the following as shown in Schedule A, at a projected total cost of no more than $81,000:
2. Projects as described in Schedule A are to be the exclusive responsibility of a single Town if that project is to occur only within that Town’s jurisdiction. Accordingly, Chapel Hill will assume responsibility for other projects described in Schedule A and the provisions of this Memorandum of Agreement do not apply to these projects.
3. Match funds or in-kind services from EPA or any other entity will be split and applied to each subproject in proportion to each subproject’s portion of the total project cost. The EPA match to be applied to shared projects is projected to be no more than $181,000.
4. Chapel Hill, through the Town’s Stormwater Management Division of the Engineering Department, as the 319 grant applicant, shall serve as the lead jurisdiction for the administration of the 319 grant and all related contracts needed to implement the subprojects described in the attached Schedule A. In administering the 319 grant and any related contracts and financial transactions, staff from the Stormwater Management Division of the Town of Chapel Hill will do so in consultation with staff from the Planning Division of the Town of Carrboro, and other members of the BCWRT, which may also include staff from the NC Department of Environment and Natural Resources (DENR) and the U.S. Environmental Protection Agency (EPA).
5. For projects shared by Carrboro and Chapel Hill, each local government’s percentage of the cost of said project, that remaining after matching funds and in-kind services from other entities have been applied, will be based on the 2004 municipal population estimates from the NC State Demographics Unit, as follows:
|
Chapel Hill |
74.5% |
(projected share $59,875) |
|
Carrboro |
25.5% |
(projected share $20,494) |
6. The Project Deliverables and Timetable of Activities shall be as shown in the attached Schedule A.
7. Carrboro and Chapel Hill will keep appropriate documentation for in-kind services to be used as documentation for grant reimbursement. Carrboro will submit quarterly documentation of funds spent and in-kind services used. Chapel Hill will invoice Carrboro quarterly for its portion of the project costs in that quarter, upon being awarded the 319 grant by the EPA.
8. Chapel Hill will accept the 319 grant reimbursement from the EPA on a quarterly basis, in an amount based on the costs submitted to the EPA, and distribute reimbursement to Carrboro based on costs submitted by Carrboro.
9. This agreement may be amended by mutual written agreement of Chapel Hill and Carrboro.
10. This agreement shall commence upon execution of the 319 grant, and the obligation for Carrboro and Chapel Hill cost shares shall be contingent upon awarding of the 319 grant by EPA. This agreement will be in effect until the 319 grant is completed and Chapel Hill has received the entire reimbursement.
11. This Agreement constitutes the entire Agreement of the parties hereto.
IN WITNESS THEREOF, 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 ______, 2008.
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 Chapel Hill Finance Director
_________________________________
Town of Carrboro Finance Director