2017-187 DEAPR - TJCOG - Interlocal Agreement for Phase VIII of the Triangle Area Water Supply Monitoring Project

Browse Search

TRIANGLE AREA WATER SUPPLY MONITORING PROJECT INTERLOCAL AGREEMENT Participants' local annual costs will be determined on or before March 1 preceding each local fiscal cycle for which funds are to be budgeted. Annual local costs will be payable on or before August 31St of the fiscal year for which they are budgeted. Payments will be made to the Managing Agent as herein designated. Failure to pay by August 31" will result in accrual of interest beginning September 1 at a rate of 3/4 of one percent per month (9% annual; over and above any limits on annual local costs). Section 4. Terms of Agreement A. This agreement shall become effective July 1, 2017, and shall continue until the completion of the Monitoring Project, or until June 30, 2022, whichever is earlier, unless otherwise extended. B. Participants may withdraw from, or additional units of local government may join, this Agreement, effective July 1 of any year, provided they have given formal written notice to the Monitoring Project Committee Chair and the Managing Agent by February 1 of that calendar year. Written notice of withdrawal is deemed sufficient only if it is signed by a person in the same position as had signed this Agreement. Any Participant wishing to withdraw from the Monitoring Project that has not provided a formal written notice to withdraw by March of that calendar year will be legally required to pay its agreed upon cost share as described in Attachment B. C. All matters relating to this Agreement shall be governed by the laws of the State of North Carolina, and venue for any action relating to this Agreement shall be performed in the Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division. D. In consideration of the signing of this Agreement, the parties hereto for themselves, their agents, officials, and employees and servants agree not to discriminate on any prohibited basis. E. The parties agree that this Agreement is subject to the E-Verify requirements of Article 2 of Chapter 64 of the North Carolina General Statutes and any contractor or subcontractor performing services because of this Agreement shall be required to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. F. The parties by executing this Agreement certify that as of the date of this Agreement they are not on the Final Divestment List as created by the State Treasurer pursuant to North Carolina General Statute 147-86.58 and they are in compliance with the requirements of the Iran Divestment Act and North Carolina General Statute 147-86.59. They shall not utilize in the performance of this Agreement any subcontractor that is identified on the Final Divestment List. G. This Agreement may only be amended in writing and signed by all parties.