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Home My WebLink About2025-159-E-Planning Dept-NCDEQ, Division of Water Resources-2025 Calendar Year Hydrilla Treatment in Lake Orange and SCS ponds by NCDEQ MOU NO. 0051 Aquatic Weed Control Grant for 2025 Page 1 of 4 v. 2024.02.07 MEMORANDUM OF UNDERSTANDING between the North Carolina Department of Environmental Quality and Orange County This Memorandum of Understanding (MOU) is hereby made and entered into by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY ("NCDEQ") and the ORANGE COUNTY, (referred to as the “COOPERATOR”). “NCDEQ” and the “COOPERATOR” together are referred to as the “PARTIES”. 1.0 MOU Background. 1.1 The North Carolina Aquatic Weed Control Program (“Program”) is housed within the NCDEQ. The Program provides grant funds to units of local, state, and federal governments, academic institutions, and public utilities for the purpose of aquatic weed management and/or research (per Aquatic Weed Control Act of 1991, NC General Statutes, Article 15 of Chapter 113). 1.2 The COOPERATOR has requested assistance from the Program and/or applied for an Aquatic Weed Control grant. 1.3 The North Carolina Aquatic Weed Council has adopted a work plan for the 2025 weed season and the work plan includes one or more projects associated with the COOPERATOR. 1.4 This MOU establishes a cost-share arrangement for the purpose of pursuing one or more aquatic weed control projects. 2.0 MOU Period. This MOU shall be effective from the date upon which all PARTIES have signed to December 31, 2025, inclusive of those dates. 3.0 Performance Obligations and Duties. The PARTIES agree that the NCDEQ shall perform the services required herein set forth; provided that the NCDEQ is not and will not by virtue of this MOU acquire the status of an employee of the COOPERATOR: 3.1 Herbicide Applications: Program staff will conduct herbicide applications, except that a 3rd party vendor(s) may be contracted to assist with herbicide applications. All personnel, equipment, and materials will be provided by NCDEQ and/or 3rd party vendor(s). 3.2 Herbicide efficacy: The NCDEQ will conduct post-application site visit(s) and determine efficacy of herbicide treatments. The NCDEQ may collect water samples from treatment areas and send them to analytical lab to determine herbicide concentrations. 3.3 Contract oversight: In the case that a 3rd party vendor is retained, Program staff will be responsible for contract oversight to ensure that services provided by 3rd party vendor(s) meet contract specifications. 3.4 Aquatic Vegetation Survey: The NCDEQ will conduct lake-wide aquatic vegetation surveys. The survey will be conducted at the end of the 2025 weed season (approximately September – October). The survey will identify what species of aquatic plants are present and approximate the number of acres occupied by each species. A final report will be provided to the COOPERATOR. 4.0 Time of Essence. Time is of the essence in performing all activities regarding this MOU. Docusign Envelope ID: 30C91428-B613-4882-961F-5A700635A42E MOU NO. 0051 Aquatic Weed Control Grant for 2025 Page 2 of 4 v. 2024.02.07 5.0 Compensation. Per G.S. 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”. To meet the cost-share requirement the COOPERATOR agrees to reimburse NCDEQ by paying the amount on invoices net thirty (30) days. The table below itemizes the project(s) and estimated cost(s): Project Service Cost NCDEQ Contribution COOPERATOR Contribution Lake Orange Lake-wide survey $ 800.00 $ 400.00 $ 400.00 Sediment Structure #1 Herbicide Applications $ 6,000.00 $ 3,000.00 $ 3,000.00 Sediment Structure #1 Lake-wide survey $ 600.00 $ 300.00 $ 300.00 Sediment Structure #2 Herbicide Applications $ 1,200.00 $ 600.00 $ 600.00 Sediment Structure #2 Lake-wide survey $ 100.00 $ 50.00 $ 50.00 Sediment Structure #3 Lake-wide survey $ 200.00 $ 100.00 $ 100.00 Total $ 8,900.00 $ 4,450.00 $ 4,450.00 All costs incurred by providing these services require a 1:1 non-state dollar match. To meet the cost-share requirement the Division of Water Resources will invoice for 50% of the actual costs incurred. Invoicing will occur at the end of the weed season, except by special request. COOPERATOR agrees to a 50/50 cost-share arrangement with the State of North Carolina. COOPERATOR will be invoiced by the Division of Water Resources for 50% of incurred costs, not to exceed $4,450.00. 6.0 Payment Provisions. Payment under this MOU will be made upon receipt of an invoice with supporting documentation from the NCDEQ setting forth the amount due and payable pursuant to Section 5.0 Compensation. All services must be performed to the satisfaction of COOPERATOR prior to any payment being made. Payment terms are not later than thirty (30) calendar days after receipt of a correct invoice(s). Invoices shall be submitted to: 6.1 Orange County Attn: Christopher Sandt 131 W. Margaret Land Hillsborough, NC 27278 7.0 Availability of Funds. The PARTIES understand and agree that payment of the sums specified herein shall be subject to, and contingent upon, the allocation and appropriation of funds to NCDEQ for the purposes described in this MOU. Docusign Envelope ID: 30C91428-B613-4882-961F-5A700635A42E MOU NO. 0051 Aquatic Weed Control Grant for 2025 Page 3 of 4 v. 2024.02.07 8.0 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 Aquatic Weed Program Manager 919-707-9012 rob.emens@deq.nc.gov 9.0 Point of Contact. All matters regarding this MOU and all official and binding communications shall be with the designated Point of Contact who is an authorized agent of their respective organization. Cooperator Point of contact Phone number Email address Orange County Christopher Sandt 919-245- 2583 csandt@orangecountync.gov 10.0 Amendments. This MOU shall not be amended orally, or by performance, but only by written amendments duly executed by all PARTIES. 11.0 Order of Precedence. In cases of conflict between specific provisions in this MOU or Amendments that may come to pass, the order of precedence shall be (high to low) (1) Amendments; (2) MOU. 12.0 Compliance with Laws. All PARTIES shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements applicable to its performance hereunder and/or the conduct of its business generally, including those of Federal, State, and local agencies having jurisdiction and/or authority. 13.0 Termination. This MOU may be terminated by the COOPERATOR at any time with thirty (30) days’ notice in writing and duly executed by an authorized representative of the COOPERATOR to NCDEQ. In that event, NCDEQ shall pay for services satisfactorily completed by third party vendor(s), and the COOPERATOR will be invoiced their cost-share through the effective termination. 14.0 Acts and Omissions. Neither party shall be responsible for, or bear any liability associated with, the acts or omissions of the other party. Rather, each party shall be responsible for, and bear the liability associated with, its own acts and omissions. Moreover, nothing in this MOU is intended or shall be construed as a waiver by the parties of any claims or defenses in any legal action, or of any other rights or remedies available under applicable law. In particular, nothing herein is intended or shall be construed as waiving any claim or defense based on the principle of sovereign immunity if such claim or defense would otherwise be available under applicable law. 15.0 Force Majeure. Neither party shall be deemed to be in default of its obligations hereunder if and so long as ii is prevented from performing such obligations as the result of events or circumstances beyond its reasonable control. Such events or circumstances include, without limitation, war, hostile foreign action, acts of terrorism, blockades, embargoes, trade restrictions, riots, civil insurrection, power failures, nuclear explosions, floods, fires, earthquakes, Docusign Envelope ID: 30C91428-B613-4882-961F-5A700635A42E MOU NO. 0051 Aquatic Weed Control Grant for 2025 Page 4 of 4 v. 2024.02.07 hurricanes, tornados, and any other event or circumstance beyond the reasonable control of such party. 16.0 Choice of Law. This MOU is governed by the laws of North Carolina and the Parties agree that the courts of North Carolina have exclusive jurisdiction and that Wake County is the exclusive venue for any legal dispute or proceedings relating to this MOU. 17.0 Signature Warranty. The undersigned represent and warrant that they are authorized to bind their respective entities to the terms of this MOU and/or applicable law. IN WITNESS WHEREOF the PARTIES execute this MOU by their duly authorized representatives on the day and year below. NC DEPARTMENT OF ENVIRONMENTAL QUALITY _______________________ _______________________ _____________ Signature Printed Name and Title Date ORANGE COUNTY ______________________ ________________________ _____________ Signature Printed Name and Title Date Docusign Envelope ID: 30C91428-B613-4882-961F-5A700635A42E Procurement Director4/16/2025leroy kodak County Manager 4/23/2025Travis Myren Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: NCDEQ, Division of Water Resources Vendor Contact Person: Leroy Kodak Phone: 919-707- 8529 Address: 217 W. Jones Street City Raleigh State: NC Zip: 27603 Department: Planning Amount: $4,450.00 Purpose: 2025 Calendar Year Hydrilla Treatment in Lake Orange and SCS ponds by NCDEQ Budget Code(s): #61370035 880000 20046 (DEAPR IAIA account) Vendor # 27873 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date April 18, 2025 End Date December 31, 2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by County Manager 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 Improvement 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 already 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: 30C91428-B613-4882-961F-5A700635A42E 4/16/2025 4/21/2025 4/21/2025 4/22/2025 Docusign Envelope ID: 30C91428-B613-4882-961F-5A700635A42E 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 February 19, 2024 Re: NC State Tort The State of North Carolina, being self-insured and holding sovereign immunity, is not susceptible to legal action without its explicit permission. Consequently, we do not procure liability insurance. However, pursuant to statute (Chapter 143, Article 31), the State has chosen to waive its sovereign immunity concerning suits related to the negligence of its employees or agents, leading to injuries. The indemnity extends up to a maximum of $1,000,000 for any single individual arising from a singular incident (NCGS § 143-299.2). The North Carolina Industrial Commission is constituted as a court for the purpose of hearing and passing upon tort claims against departments, institutions, or agencies. The State tort is not attached to a policy, therefore does not expire, or require an expiration date to be placed on the certificate of coverage. We trust that the above information provides the necessary certification needed by your organization. If you have any questions or need additional information, please let us know. Sincerely, Latarsha Y. Silver, CRM Risk Manager Docusign Envelope ID: 30C91428-B613-4882-961F-5A700635A42E