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Home My WebLink About2015-204-E DEAPR - NCDENR Division of Water Resources for OC contribution to a two-year project overseen by the State of NC for managing the spread of an aquatic weed (hydrilla) in the Eno River $10,716 DocuSign Envelope ID: F87DCE8F-260A-454E-9AE2-1754E3B2A3D7 [Departmental Use Only] TITLE NCDENR Hydrilla Project FY 2014-15 th ray 2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 27th day of April, 2015, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and North Carolina Department of Environment and Natural Resources, Division of Water Resources, Aquatic Weed Control Program (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished Linder this Agreement are as follows. A two-year project overseen by the State of North Carolina for managing the spread of an aquatic weed (hydrilla) in the Eno River. The total project cost is $150,000, of which 50% ($75,000) will be paid by NCDENR Division of Water Resources (Aquatic Weed Control Program) and the remaining 50'% apportioned equally among the other seven project partners: Orange County,Town of Hillsborough, Durham County, City of Durham, City of Raleigh,NC Division of Parks and Recreation, NC Wildlife Resources Commission. Orange County's share is $10,716 to be paid in three installments of$3,572 in FY 2014-15, FY 2015-16,and FY 2016-17. The term of this agreement rendered shall be from May 1,2015 to June 30, 2017. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECI.F.I.0 TERMS I Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed '"fen Thousand Seven Hundred and Sixteen Dollars, ($10,716.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the perfonnance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. IndgVendent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or Revised 7114 1 DocuSign Envelope ID: F87DCE8F-260A-454E-9AE2-1754E3B2A3D7 workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at L If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6, Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 106 Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of'this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] RevisLd 7114 2 DocuSign Envelope ID: F87DCE8F-260A-454E-9AE2-1754E3B2A3D7 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER D Signed by: By:_ri06VCUU 'LkA'f- (Mmvs� By: COUnt �B7551=477... If T- 200 S.Cameron St. NCDENIIT'Divi on of Water Resources P.O� Box 81.81 1611 Mail Service Center Hillsborough,NC 27278 Raleigh,NC 27699-1611 Revised 7114 3 DocuSign Envelope ID: F87DCE8F-260A-454E-9AE2-1754E3B2A3D7 ORANGE COUNTY 4 Department of Environment, Agriculture,Parks&Recreation February 6, 2015 Mr. Rob Emens Aquatic Weed Control Program NCDENR–Division of Water Resources 1611 Mail Service Center Raleigh, NC 27699-1611 RE: Funding Commitment Letter Mr. Emens: I have been informed by Tom Davis (Orange County Water Resources Coordinator) that you are taking a lead role in assembling the funds necessary to carry out a two-year pilot study to evaluate the use of an EPA-approved herbicide to manage hydrilla within a section of the river located within the Eno River State Park. The Orange County Department of Environment, Agriculture, Parks and Recreation (DEAPR) will budget $10,716 toward this two-year project, however we intend to allocate funds over three fiscal years—beginning with $3,572 from the current fiscal year (FY 2014-15). I will need to receive an invoice from the Aquatic Weed Control Program for this amount by early May 2015. We also anticipate allocating similar funding to this project in early 2016 (FY 2015-16) and late 2016 (FY 2016-17). We may need to prepare a contract for Orange County's contribution of funds to this project. If so we will share a draft contract with you to review in advance. Thank you for your participation on the task force working to evaluate and address the problems with hydrilla in the Eno River. r, w Land Conservation Manager cc: Tom Davis NATURAL RAL and CULTURAL RESOURCES DIVISION Orange County Department of Environment, Agriculture, Parks&Recreation PO Box 8181, Hillsborough, NC 27278 Phone: (919) 245-2510 Fax: (919) 644-3351 DocuSign Envelope ID: F87DCE8F-260A-454E-9AE2-1754E3B2A3D7 Hydrilla in the Eno River Public Information Open House A Public Information Open House will be held on April 29, 2015 at 6:00 pm to allow interested members of the public to learn more about the proposed two-year pilot study for management of hydrilla in the Eno River. This meeting will be held in Conference Room 230 in the Whitted Building at 300 West Tryon Street in Hillsborough, 27278. Directions are available on-line at: http://server2.co.orange.nc.us/servicelocator/default.aspx?LocationID=19 r 4-r �.� � • 'it'�� " 7-ws Ford Access Area, Eno River State Park r:, Hydrilla is an invasive submerged aquatic weed native to Asia. It grows quickly, reproduces easily and can infest water bodies. Hydrilla is regulated by the Federal and many State governments. This highly invasive plant is illegal to transport, grow or sell. Hydrilla is considered the biggest threat to the natural resources of Eno River State Park. If management steps are not undertaken, hydrilla is likely to spread further downstream in the Eno River and into Falls Lake and beyond, negatively impacting important natural resources and recreational activities. The Eno River Hydrilla Management Task Force, a group of Federal, State, and local government representatives, has been working to evaluate and address this situation. The options available for addressing the infestation of the Eno River are limited. The Task Force is working to finalize a two-year pilot study to evaluate the use of EPA-approved herbicide to manage hydrilla within a section of the Eno River. Further information: http://nc-ipc.org http://www.ncwater.orq/?page=72/ http://www.weedscience.ncsu.edu/aguaticweeds/default.asp Contacts: Rob Emens, NCDENR, DWR, Aquatic Weed Control Program rob.emens(o)-ncdenr.gov Dr. Rob Richardson, Assistant Professor of Crop Science, NCSU rob richardson(a)ncsu.edu DocuSign Envelope ID: F87DCE8F-260A-454E-9AE2-1754E3B2A3D7 Hydrilla in the Eno River Factsheet Hydrilla has been found in: • 25 miles of the Eno River • Lake Orange � • West Fork Eno Reservoir Hydrilla • Arrowhead Lake • Corporation Lake Photo by Vic Ramey,University of Florida/IFAS Center for Aquatic and Invasive Plants. Used with permission. Hydrilla is an invasive plant native to Asia that grows quickly, reproduces easily and infests wa- ter bodies. Hydrilla is illegal to transport, grow or sell. Without control, hydrilla is likely to spread in the Eno River, harming important natural resources and recreational activities. The Eno River Hydrilla Management Task Force is working to manage the spread of hydrilla. Options available for managing the infestation of the Eno River are limited to the following- • "No action" would allow further spreading of hydrilla within the Eno, into Falls Lake reservoir, and then the Neuse River. • Physical removal of hydrilla (pulling the plant) does not work because plant fragments that break off can grow into a new plant. • Sterile grass carp are used to remove hydrilla in ponds and reservoirs, but these fish are not likely to stay in one location in a flowing river such as the Eno. • Some chemicals (US EPA-approved herbicides) have been found to be safe to use at per- mitted concentrations and they can be effective at controlling hydrilla in water bodies. Further information: http://nc-ipc.ora http://www.ncwater.orq/?page=72/ o�� a http://www.weedscience.ncsu.edu/aguaticweeds/default.asp Contacts: Rob Emens, NCDENR, DWR,Aquatic Weed Control Program rob.emens(a-ncdenr.gov Dr. Rob Richardson, Assistant Professor of Crop Science, NCSU rob richardson(c)-ncsu.edu DJkf AA' f fµ Town ^� � of H111sbomugh a wa M ,n Ng ire NonFCarolma -- C ORANGE COUNTY vbrc u �,h NORTH CAROLINA DocuSign Envelope ID: F87DCE8F-260A-454E-9AE2-1754E3B2A3D7 Aeril ' I'VA AQ� AMMMMM NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary AQUATIC WEED CONTROL PROGRAM INVOICE April 10, 2015 Mr. Rich Shaw Orange County Dept. of Environment, Agriculture, Parks and Recreation P.O. Box 8181 Hillsborough, North Carolina 27278 Project: Eno River Hydrilla Control Project Invoice for the cost of hydrilla control activities to be completed in 2015 weed season as part of the Eno River Hydrilla Control Project. Details Orange County is a partner in the Eno River Hydrilla Control Project. The county's cost for FY 14-15 is $3,572 Total Cost: $3,572 Please make check payable to: N.C. Division of Water Resources —AWCP Send to: N.C. Division of Water Resources Attn: Darren England 1611 Mail service Center Raleigh, NC 27699-1611 1611 Mail Service Center,Raleigh,North Carolina 27699-1611 Phone:919-707-9000\Internet:www.ncwater.org An Equal Opportunity\Affinmative Action Employer—Made in paitby recycled paper