2010-162 Planning - Hillsborough Stormwater Program Management & Erosion Control Services

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ARTICLE 2 -FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY 2.1 It is specifically understood and agreed as provided in Article 1 of this Interlocal Agreement, all rights and powers as may be vested in the Town pursuant to the permit(s) requirement(s), laws of the State of North Carolina, or any other law or ordinance or Charter provision of the Town, shall be retained by Town. It shall be the responsibility of parties other than the County to perform Services not specifically identified as Services to be performed by the County. It is further understood and agreed that the Services to be provided by the County are not intended to include any functions related thereto that are identified below as excluded functions, which shall remain the exclusive responsibility of the Town (hereinafter "Excluded Functions"): Excluded Functions Le al Services En ineerin Water Mana ement Draina a Districts Natural Resource Protection Other functions identified in section A3 of the Schedule A as "Excluded Functions" or identified in the Annual Workplan (Section A2 of Schedule A) as the "Town's Res onsibility". 2.2 In the event Town desires to have County add any Excluded Functions to the Services hereunder, a separate agreement therefore may be entered into between Town and County pursuant to Article 8.6 of this Interlocal Agreement. ARTICLE 3 -COMPENSATION 3.1 Stormwater Services: The Town shall reimburse County for the expenses associated with the Services provided by County for each Permit Year in the amounts set forth in section Al of Schedule A. Payments for each permit year shall be due and payable to the County in four equal installment payments of Twenty Thousand One Hundred Seventy Five Dollars ($20,175.00) on October 1, January 1, April 1 and July 1 of the contract year. The Town shall, within 60 days of submission of an invoice by the County, reimburse the County for services provided in the current permit year. The November 30th date coincides with the required submittal of the Town's annual report to the state. Prior to issuance of the invoice the County will provide the Town a copy of the annual report for review and upon acceptance of the annual report the invoice will be submitted. As part of this process the County will provide the Town monthly activity reports and quarterly expense reports. The parties shall evaluate the "annual Fees" set forth in Schedule A on the anniversary of this Interlocal Agreement, and by mutual written agreement adjust the fees to provide reasonable compensation to the County for the performance of Services. In the event either party terminates this Interlocal Agreement prior to the expiration of its term or any extension thereof, a prorated fee will be determined by mutual written agreement and reimbursed to the appropriate parry based on the value of Service performed till the date of termination.