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5 <br /> ARTICLE 2—FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY <br /> 2.1 It is specifically understood and agreed as provided in Article 1 of this Interlocal <br /> Agreement, all rights and powers as may be vested in the Town pursuant to the <br /> permit(s) requirement(s), laws of the State of North Carolina, or any other law or <br /> ordinance or Charter provision of the Town, shall be retained by Town. It shall be the <br /> responsibility of parties other than the County to perform Services not specifically <br /> identified as Services to be performed by the County. It is further understood and <br /> agreed that the Services to be provided by the County are not intended to include any <br /> functions related thereto that are identified below as excluded functions, which shall <br /> remain the exclusive responsibility of the Town(hereinafter"Excluded Functions"): <br /> Excluded Functions <br /> Legal Services <br /> Engineering <br /> Water Management <br /> Drainage Districts <br /> Natural Resource Protection <br /> Other functions identified in section A3 of the Schedule A as"Excluded Functions"or <br /> identified in the Annual Workplan(Section A2 of Schedule A) as the"Town's <br /> Responsibility". <br /> 2.2 In the event Town desires to have County add any Excluded Functions to the Services <br /> hereunder, a separate agreement therefore may be entered into between Town and <br /> County pursuant to Article 8.6 of this Interlocal Agreement. <br /> ARTICLE 3—COMPENSATION <br /> 3.1 Stormwater Services: The Town shall reimburse County for the expenses associated <br /> with the Services provided by County for each Permit Year in the amounts set forth in <br /> section Al of Schedule A. Payment for each permit year shall be due and payable to <br /> the County on or before November 30 of the current permit year. The Town shall, <br /> within 60 days of submission of an invoice by the County,reimburse the County for <br /> services provided in the current permit year. The November 30th date coincides with <br /> the required submittal of the Town's annual report to the state. Prior to issuance of the <br /> invoice the County will provide the Town a copy of the annual report for review and <br /> upon acceptance of the annual report the invoice will be submitted. As part of this <br /> process the County will provide the Town monthly activity reports and quarterly <br /> expense reports. The parties shall evaluate the"annual Fees" set forth in Schedule A <br /> on the anniversary of this Interlocal Agreement, and by mutual written agreement <br /> adjust the fees to provide reasonable compensation to the County for the performance <br /> of Services. In the event either party terminates this Interlocal Agreement prior to the <br /> expiration of the fiver year term, a prorated fee will be determined by mutual written <br /> agreement and reimbursed to the appropriate party based on the value of Service <br /> performed till the date of termination. <br /> Page 3 of 27 <br />