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Home My WebLink About2025-154-E-DEAPR-NCDA&CS Beneficial Insects Lab-Plant Industry Division To approve a right of access for study involving the release of a beneficial insect at Fairview Park RIGHT OF ENTRY AND USE AGREEMENT This Right of Entry and Use Agreement ("Agreement") is made as of the 14th day of April, 2025, between Orange County, political subdivision of the State of North Carolina, (“Property Owner”) and North Carloina Dept. of Agriculture & Consumer Services Beneficial Insects Lab Biological Contro l ("Entrant"), concerning the State of North Carolina biological control program that targets invasive, ecologically-destructive Knotweeds (Fallopia, syn. Reynoutria) species in North Carolin by the careful release of a biological control agent, a small, host -specific plant- hopper, the federally-permitted Knotweed Psyllid, Aphalara itadori, as well as follow up surveys, at the County owned and operated Fairview Park located at 195 Torain Street, Hillsborough, NC 27278, (the “Property”). WHEREAS, Entrant desires to enter the Property through, over, and across existing parking areas and trails for the purpose of the careful release of a biological control agent, a small, host-specific plant-hopper, the federally- permitted Knotweed Psyllid, Aphalara itadori, (the “Permitted Activities”); and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Property Owner grants to Entrant, Entrant’s agents, contractors, invitees, guests, and assigns a Right of Entry and license to enter upon the Property solely for the purpose of the Permitted Activities. Entrant's entry rights are specifically limited to the Permitted Activities on the Property and shall not include any other activities on the Property or any other property or areas surrounding the Property. Entrant’s entry rights shall be limited to an 8 month period starting April 14, 2025 through December 31, 2025. Entrant shall not be responsible for any maintenance costs related to entry and the Permitted Activities under this Agreement, except that Entrant shall be responsible for any damage caused to the Property by Entrant. Property Owner accepts no risk, responsibility, or liability associated with the Permitted Activities, which risk, responsibility and liability remain solely with the Entrant , including but not limited to any damage or theft of equipment. 2. Entrant agrees to comply with all local, state, and federal laws, rules , easements and ordinances applicable to the Permitted Activities. Entrant further agrees to exercise due care in the entry and the performance of all Permitted Activities on the Property, and not to interfere with or interrupt Property Owner or any other party's activities or operations on the Property or surrounding areas. Entrant shall remove all equipment prior to the end of the term of this agreement. Entrant shall promptly repair, at its cost, any damage to the Property or any other property caused by the acts or omissions of Entrant, its agents, contractors, invitees, guests, and assigns. Property Owner may terminate this Agreement at any time for any reason or no reason. If Property Owner terminates this Agreement, Entrant shall coordinate with Property Owner for the removal of equipment in a reasonable time and manner. 3. Entrant shall indemnify, release, and hold harmless Property Owner, its employees, agents, assigns, or contractors, from any and all claims, actions, damages, liability and expense whatsoever, including without limitation Attorneys' fees and costs, in connection with personal injury, including death, or property damage arising out of the negligent acts or omissions of Entrant, its agents, contractors, invitees, guests, and assigns upon any portion of the Property or any area near or surrounding the Property. The provisions of this Paragraph 3 shall survive the expiration or termination of this Agreement. 4. This Agreement constitutes the entire understanding between the parties with respect to the Permitted Activities. All prior agreements or understandings, whether oral or written, are superseded. This Agreement may be amended only by a written docum ent duly executed by the parties. This Agreement is governed by the laws of the State of North Carolina. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the date first above written. For the Property Owner For the Entrant By: _____________________ By: ________________________ Travis Myren Gregory Wiggins County Manager Biocontrol Administrator, NCDA&CS Docusign Envelope ID: B325FF84-A529-46AD-9CB8-5F40B6BB50F3 Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: NCDA&CS Beneficial Insects Lab-Plant Industry Division Vendor Contact Person: Nancy Odenkirk Phone: 984-477-8033 Address: 1616 Mail Service Center City Raleigh State: NC Zip: 27699-1616 Department: DEAPR Amount: N/A Purpose: To approve a right of access for study involving the release of a beneficial insect in order to manage the invasive Knotweed at Fairview Park Budget Code(s): N/A Vendor # N/A Vendor Status with NCSOS: N/A Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date April 14,2025 End Date December 31,2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improveme nt Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have alread y begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: B325FF84-A529-46AD-9CB8-5F40B6BB50F3 4/15/2025 4/21/2025 4/22/2025 MIKE CAUSEY INSURANCE COMMISSIONER BRIAN TAYLOR STATE FIRE MARSHAL OFFICE OF STATE FIRE MARSHAL 1202 MAIL SERVICE CENTER I RALEIGH NC 27699-1202 I TEL 919.647.0000 I Fax 866.851.6508 I WWW.NC OSFM.GOV CERTIFICATE OF COVERAGE Insurer: State of North Carolina Authorization: North Carolina General Statute Sections 143-291 to 143-300.1A, commonly referred to as the State Tort Claims Act. Coverage: Tort Claims against Departments, Agencies, and Employees must be filed in the North Carolina Industrial Commission and a legal defense is provided by the State. Limits $1,000,000 statutory damage to any one person arising out of any one occurrence. NCGS § 143-299.2 Description: The State of North Carolina and its employees, officers, agents, as covered by the Defense of State Employees as per NCGS § 143 300.2. The State Tort does not expire. Administrator: Department Insurance - Risk Management Division Office of State Fire Marshal 1202 Mail Service Center, Raleigh, NC 27699-1202 Note: This Certificate is for informational purposes only and does not alter any provision of the Tort Claims or Defense of State Employees General Statutes of the State. Verified By: Latarsha Y. Silver, CRM Risk Manager Docusign Envelope ID: B325FF84-A529-46AD-9CB8-5F40B6BB50F3 As a member of the NCDA&CS Beneficial Insects Lab Biological Control team, I have coordinated our state’s biological control program that targets invasive, ecologically-destructive Knotweeds in North Carolina. These non-native plants frequently colonize stream and river banks, rights of way, disturbed areas, and parklands. Knotweed control can be expensive and tedious, but if left uncontrolled, knotweed spreads far and wide, wreaking ecological and economic damage. Our team is collaborating in a national effort to initiate biological control of these invasive weeds. Our work involves the careful release of a biological control agent, a small, host-specific plant-hopper, the federally-permitted Knotweed Psyllid. The psyllids are not known to disperse far from their host plants, nor to create any kind of harm or nuisance to other plants, people, or pets. They were exhaustively tested, subjected to environmental assessment and public comment before being approved for release in the United States. Introduction of Knotweed Psyllids is generally unobtrusive in nature. Our work does not entail ground disturbance beyond the careful removal (with permission) of small knotweed rhizomes to provide rearing material for knotweed psyllids at our lab, and possible re-planting of psyllid-infested knotweeds to introduce the biocontrol agent into a field site. Release is done by hand, and followup surveys are simple, rapid, and similarly unobtrusive. All incurred costs and responsibilities have been, and will continue to be covered by NCDA&CS for these activities. We feel that biocontrol should mesh well within a park maintenance plan. We understand that management of invasive plants on county property requires review and approval by you and your staff. Where existing plans are being considered or developed, we would be interested in discussing the addition of a biological component. If this sounds like something feasible, we would like to discuss it with you at your earliest convenience. Thank you for your time, and for your consideration of this important work. Nancy Cohen Oderkirk, Ph.D., MESH Research Specialist NCDA&CS Beneficial Insects Lab Plant Industry Division Office: 984-477-8033 Docusign Envelope ID: B325FF84-A529-46AD-9CB8-5F40B6BB50F3