HomeMy WebLinkAbout2019-311 DEAPR - NC DEQ Eno River hydrilla treatment MOA It
State of North Carolina SEP 2 20;y
County of Wake
MR IN
AUG 1 g 21019 v
Cooperative Agreement
between the
NC DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ�
and the
CITY OF DURHAM
NC DEPARTMENT OF NATURAL & CULTURAL RESOURCES DNCR
DURHAM COUNTY T.
ORANGE COUNTY
'
TOWN OF HILLSBOROUGH SEfi 24 f`-'al9
I
THIS AGREEMENT is hereby made between the City of Durham, DNCR, Durham County, Orange
County and Town of Hillsborough (hereinafter referred to as the "Cooperators") and the North
Carolina Department of Environmental Quafity, Division of Water Resources, 1611 Mail Service
Center, Raleigh, NC 27699-1611 (hereinafter referred to as the "Department").
WITNESSETH
WHEREAS, The Cooperators desire to engage the Department to contract with a 3ra
party to perform services hereinafter described and engage the Department to perform the
project support services:
THEREFORE, The Cooperators and the Department do mutually agree as follows:
1. Contractual Status:The Cooperators and the Department agree that the Department
shall perform the services required of the Department herein set forth; provided that
Eno River Hydrilfa Project Page 1 of 9
the Department is not and will not by virtue of this contract acquire the status of an
employee of the Cooperators.
2. Time of Performance:The effective date of this Agreement is upon final signature of the
parties and ends December 31, 2019. This agreement may be extended if written
Amendments are signed by all Parties.
3. Time of Essence:Time is of the essence in performing all activities regarding this
Agreement.
4. Background:As per Aquatic Weed Control Act of 1991 §113A-223 (a)The Secretary [of
DEQ] shall direct the control, eradication, and regulation of noxious aquatic weeds so as
to protect and preserve human health, safety, and the beneficial uses of the waters of
the State and to prevent injury to property and beneficial plant and animal life" and
§143-215.73F (c) (3) "The cost-share for an aquatic weed control project shall be at least
one non-State dollar for every dollar from the Fund."
htt s: www,ncle .net Enacted Le islation Statutes PDF B Section Cho ter 143 GS 1
43-215.73F.pdf
5. Scope of Services to be Rendered: The Department will contract a qualified and
licensed aquatic herbicide applicator to perform the herbicide treatment (hereinafter
referred to as the "Vendor"). The NC Division of Water Resources will provide contract
oversight, collect and submit water samples to lab for analyses of herbicide levels, and
provide monitoring/survey services as recommended by the Eno River Hydrilla
Management Task Force; described herein as the Division of Water Resources project
support.
Eno River Hydrilla Management Task Force described here:
htt nc-i pc.wee b! ,com eno-river-h driIla-project.htmI
6. Deliverables:The Department shall provide invoices with supporting documentation
that illustrate itemized expended amounts to all Cooperators. The Department will
determine the accuracy of vendor invoices and actual vendor performance. Similarly,
the Department will invoice the Cooperators as required for project support services.
Project support services are estimated to be $6,000.
Eno River Hydrilla Project Page 2 of 8
7. Compensation: To meet the cost-share requirement the Cooperators agree to
reimburse the Department by paying the amount on invoices net 15 days. This project
includes two components; (#1) contract with Vendor and (#2) project support. The
required cost-share applies to both components. Itemization of project costs and cost-
share schedules for each component are as follows:
2019 Contract cost:
Item description Estimated Amount
Herbicide $47,880
Operational support $8,000
Injection system lease $1,700
Lab services (FasTE$T) $6,300
Total $63,880
Cost-share (50%) $31,940
Cooperator Cost-share Amount
portion
City of Durham 1/6th $5,323.34
DNCR 1/3{d $10,646.68
Durham County 1/6th $5 323.34
Orange County 1/6th $5,323.34
Town of Hillsborough 1/6th $5,323.34
2019 Division of Water Resources project support cost:
Item description Estimated Cost
DWR project support $6,000
Cost-share (50%) $3,000
Cooperator Cost-share Amount
portion
City of Durham 1/6th $500
DNCR 1/3rd $1,000
Durham County 1/6th $500
Orange County 1/6th 1 $500
Town of Hillsborough 1/6th $500
Eno River Hydril[a Project Page 3 of 8
This Agreement cost is estimated to be $63,880 for the vendor contract cost and $6,000
project support cost. Total cost estimated to be $69,880. Invoices will reflect actual
costs and shall follow cost-share schedules identified above.
8. Invoice: Payment under this Agreement will be made upon receipt of an invoice with
supporting documentation from the Department setting forth the amount due and
payable pursuant to Paragraph 7 Compensation of this Agreement. Invoices shall be
submitted to:
CITY OF DURHAM
Department of Water Management
Attn: Vicki Westbrook
101 City Hall Plaza
Durham, NC 27701
NC DEPARTMENT OF NATURAL & CULTURAL RESOURCES (DNCR)
Attn: Jon Blanchard
1615 Mail Service Center
Raleigh, NC 27699-1615
DURHAM COUNTY
201 E. Main St. Floor 5
Attn: Soil &Water Conservation
Durham, NC 27701
ORANGE COUNTY
Attn: Thomas Davis
Department of Environment, Agriculture, Parks and Recreation
306 A Revere Road/ PO Box 8181
Hillsborough, NC 27278
TOWN OF HILLSBOROUGH
Attn: Marie Strandwitz
101 East Orange Street
PO Box 429
Hillsborough, NC 27278
9. Payment Terms: Payment terms are not later than 15 calendar days after receipt of
correct invoice(s).
Eno River Hydrilla Project Page 4 of 8
10. Contract Administrator: Rob Emens, Aquatic Weed Program Manager, is hereby
designated as the contract administrator for the Department under this Agreement. The
contract administrator is responsible for monitoring the Vendor's performance,
approving payment to the Vendor, and for providing evaluation of the Vendor.
Rob Emens (919) 7Q7-9Q12 rab.emens@ncdenr.gov
11. Point of Contact:All matters regarding this Cooperative Agreement and all official and
binding communications shall be with the designated Point of Contact who is an
authorized agent of their respective organization. The table below identifies the Point
of Contact for each Cooperator:
Cooperator Point of Contact Phone number Email address
City of Durham Vicki Westbrook 919-560-4381 Vicki.westbrook@durhamnc.gov
Donald F. Greeley Don.greeley@durhamnc.gov
DNCR Jon Blanchard 919-707-9307 Jon.blanchard@ncparks.gov
Tammy Dodd 919-707-9359 Tammy.dodd@ncparks.gov
Durham County Eddie Culberson 919-560-0558 eculberson@dconc.gov
Wendell Davis
Orange County Tom Davis 919-245-2513 tdavis@orangecountync.gov
Town of Terry Hackett 919-732-1270 Terry.Hackett@ hi llsboroughnc.org
Hillsborough
Marie Strandwitz
12. Availability of Funds: Any and all payments to the Vendor are dependent upon and
subject to the availability of funds to the Department for the purpose set forth in this
agreement.
13. Compliance with Laws: Department shall comply with all laws, ordinances, codes, rules,
regulations, and licensing requirements that are applicable to the conduct of its
business and performance in accordance with this contract, including those of federal,
state, and local agencies having jurisdiction and/or authority.
14. Governing Law: This Agreement is made under and shall be governed and construed in
accordance with the laws of the State of North Carolina, without regard to is conflict of
laws rules.
Eno River Hydriila Project Page 5 of 8
15. Situs: The place of this Agreement, its situs and forum, shall be North Carolina, where all
matters, whether sounding in Agreement or tort, relating to its validity, construction,
interpretation and enforcement shall be determined.
16. Amendments: This Agreement shall not be amended orally or by performance, but only
by written amendments duly executed by the Department and all Cooperators.
17. Termination: Any party may terminate this Agreement at any time by 30 days' notice in
writing to the other parties. In that event, all finished or unfinished deliverable items
prepared by the Department under this Agreement shall become the Department's
property. If the contract is terminated as provided in this section,the Department shall
pay for services satisfactorily completed by the vendor, and all Cooperators will be
invoiced their cost-share through effective termination date.
18. Order of precedence: In cases of conflict between specific provisions in this Agreement
or amendments that may come to pass, the order of precedence shall be (high to low)
(1) amendments; (2) agreement.
19. Signatures: This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article 11A and Article 40 of North Carolina General Statute Chapter 66.
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SIGNATURE PAGE
The parties have caused this COA to be executed by their authorized representatives to become
effective as of the last date executed below.
NC PARKS AND RECREATION
Dwayne Patterson �)f A
Authorized agent (name) signature Date
DEPARTMENT OF !NATURAL&CULTURAL RESOU CES
5�r" ;a), -0 � 9
Authorize agent(name) signature Date
CITY OF DURHAM
Authorized agent (name) signature Date
DURHAM COUNTY
ci &;
Authorized agent (name) signature Date
ORANGECOUNTY
uthorized age t (name) si nature Date
Eno River Hydriila Project Page 7 of 8
This instrument has been pae-audited as required by the Local
Government Budget and Fi cal gontrol Act.
Pph.h,hw*�,t� PA,MBA44MA
TOW ILL OROUGH Finance Director,Tow Hillsborough
- � 1
Au horized a ent (name) signature Date
DEPARTMENT OF ENVIRONMENTAL QUALITY
f -7� My 11►�f, ���� f t q
Authori agen a e) signature Date
To the extent this agreement is a "Cooperative Agreement", as that term is defined by N.C.
General Statute.
§ 143B-24, and to the extent approval of the Department of Administration is required; based
on the assurances from the parties to this Agreement,approval is hereby given as indicated by
my signature below.
DEPARTMENT OF ADM ST ATI N
Machelle Sanders , Date
Secretary of Admi istration
This instrument has been preaudited
as required by the Local Government
Budget and Fiscal Control Act,
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