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HomeMy WebLinkAbout2013-020 Solid Waste - NC DOT for Storm Debris Management $0 .2oi 3• v :ZU MEMORANDUM OF AGREEMENT �o ifs Colo between the , 1-0 North Carolina Department of Transportation and the County of ORANGE This Memorandum of Agreement(hereinafter, "Agreement")is made on the last date entered below between the North Carolina Department of Transportation(hereinafter, "NCDOT") and the County of Orange (hereinafter,"County") (collectively referred to hereinafter as "the Parties") for the emergency removal of debris during a State of Disaster or Imminent Threat of Disaster and/or a State of Emergency declared pursuant to Chapters 14 and 166A of the North Carolina General Statutes. WHEREAS, during a declared State of Disaster or Imminent Threat of Disaster which implements the North Carolina Emergency Operations Plan(hereinafter, "NCEOP"),NCDOT may be called upon to perform certain functions, including the removal of debris from the right of way of public roads and streets,pursuant to the NCEOP; and WHEREAS, County has requested that it be allowed the opportunity and responsibility to perform certain of those NCDOT functions as set forth in the NCEOP in order to assure that its citizens are served and protected; and WHEREAS,the Parties have conferred as to the best methods and practices to allow the County to assume these responsibilities; NOW THEREFORE,the Parties agree as follows: 1. For purposes of this Agreement,the following definitions shall apply: A. "Secondary Roads" shall mean those roads maintained by NCDOT that are identified by a four-digit SR number. B. The term"Eligible Storm Debris" shall be such debris as shall be eligible for reimbursement by the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management(hereinafter, "DEM") or the Federal Emergency Management Agency(hereinafter, "FEMA") during a particular State of Disaster, Imminent Threat of Disaster or State of Emergency. C. "FHWA Routes" shall mean those routes for which FHWA does provide NCDOT with reimbursement, generally Interstate routes, US-designated routes,NC-designated routes, and certain secondary routes within the County eligible for FHWA reimbursement and listed on Attachment A. D. "Non-FHWA Routes"shall mean those routes for which FHWA does not provide reimbursement, generally rural secondary roads rights of way within the County and those urban secondary roads within the municipalities within the County. The non-FHWA routes are those routes within the County, which are not listed on Attachment A. 2. During a State of Disaster or Imminent Threat of Disaster and/or a State of Emergency declared pursuant to Chapters 14 and 166A of the North Carolina General Statutes and upon a determination by the Parties that is desirable that County be responsible for removal of debris from the right of way of State System Roads,NCDOT shall issue to County a written Notice to Proceed with debris removal. 3. County shall remove and dispose of(1) Eligible Storm Debris on all non-FHWA routes and(2) Eligible Storm Debris on FHWA routes. In so doing, County shall comply with all FEMA and DEM requirements regarding storm removal and disposal including landfill quantity calculations and site disposal costs. 4. County shall apply directly to DEM and/or FEMA for reimbursement in accordance with the rules,regulations and procedures of those agencies. Any reimbursement must be governed by the rules,regulations and procedures of those agencies, and NCDOT shall not be responsible for any portion of reimbursement to County. 5. County is responsible for complying with all NCDOT rules and regulations including,but not limited-to, safety, insurance, and traffic control in accordance with the Manual on Uniform Traffic Control Devices, and County shall hold NCDOT harmless in all matters arising from or related to this Agreement. Further, County shall be responsible for all damage or injury to persons or to private property occurring as a result of the debris removal activities pursuant to this Agreement, and County shall hold NCDOT harmless in all matters arising therefrom. 6. County shall be responsible for repair of any damages to the state maintained right of way,which may be caused by debris removal operations undertaken pursuant to this Agreement. All repairs shall be made to the satisfaction of the Division Engineer of the Highway Division in which county is located, and the Division Engineer's judgment in this regard shall be final. 7. County shall remove all Eligible Storm Debris even if such removal requires multiple passes on a particular route and shall continue until the mutually agreed upon completion date. All work pursuant to this Agreement shall be done to the satisfaction of the Division Engineer of the Highway Division in which county is located, and the Division Engineer's judgment in this regard shall be final. 8. All work pursuant to this Agreement shall be completed by a date mutually agreed to by DEM, FEMA,NCDOT and County. 9. This Agreement may be terminated by either party upon submission of a thirty- day advance written notice of termination. No notice of termination shall be effective for debris removal pursuant to any Notice to Proceed already issued by NCDOT. 10. This Agreement may be amended at any time by mutual agreement of both parties as evidenced by a written Supplemental Memorandum of Agreement approved and signed by both parties. 11. To provide consistent and effective communication between the Parties, each party shall appoint a Principal Representative to serve as its central point of contact responsible for coordinating and implementing this Agreement. The Principal Representative of the NCDOT shall be Chief Engineer Operations or his designee. The Principal Representative of the County shall be the County Manager or his designee. This Agreement shall be effective on the date of the last signature below. IN WITNESS WHEREOF,the Parties have each executed this Agreement, this the 1,14", day of FeJZL& � , 20A. DEPARTMENT OF TRANSPORTATION WITNESS:JOB 1i TUY,nUY Print Name) BY: ` TERRY R. GIBSON, PE CHIEF ENGINEER COUNTY OF BY: (Print Name) G TILE DATE: f Request Release of State System Roads FENM - - DR - NC Requesting Applicant: In accordance with the Memorandum of Agreement on file between the NCDOT and the Requesting Applicant listed above; the local government is hereby requesting the NCDOT to release it's authority for FEMA reimbursement for emergency services to the local government authority for the State System Roads listed below. Release of all State System Roads ❑ or Selective State System Roads ❑ as Follows: Local Government Designated Agent: Date: North Carolina Department of Transportation Release by: Title: Date: