Orange County NC Website
Browse       Search
MOU NO. 0018 <br />Aquatic Weed Control Grant for 2024 <br /> Page 3 of 4 v. 2024.02.07 <br />8.0 Contract Administrator. Rob Emens, Aquatic Weed Program Manager is hereby designated as <br />the contract administrator for the Department under this Agreement. The contract administrator is <br />responsible for monitoring the Vendor's performance, approving payment to the Vendor, and for <br />providing evaluation of the Vendor. <br /> <br />Rob Emens <br />Aquatic Weed Program <br />Manager <br />919-707-9012 rob.emens@deq.nc.gov <br /> <br />9.0 Point of Contact. All matters regarding this MOU and all official and binding communications shall <br />be with the designated Point of Contact who is an authorized agent of their respective organization. <br /> <br />Cooperator Point of <br />contact <br />Phone <br />number <br />Email address <br />Orange <br />County <br />Christopher <br />Sandt <br />919-245- <br />2583 csandt@orangecountync.gov <br /> <br />10.0 Amendments. This MOU shall not be amended orally, or by performance, but only by written <br />amendments duly executed by all PARTIES. <br /> <br />11.0 Order of Precedence. In cases of conflict between specific provisions in this MOU or Amendments <br />that may come to pass, the order of precedence shall be (high to low) (1) Amendments; (2) MOU. <br /> <br />12.0 Compliance with Laws. All PARTIES shall comply with all laws, ordinances, codes, rules, <br />regulations, and licensing requirements applicable to its performance hereunder and/or the conduct <br />of its business generally, including those of Federal, State, and local agencies having jurisdiction <br />and/or authority. <br /> <br />13.0 Termination. This MOU may be terminated by the COOPERATOR at any time with thirty (30) days’ <br />notice in writing and duly executed by an authorized representative of the COOPERATOR to <br />NCDEQ. In that event, NCDEQ shall pay for services satisfactorily completed by third party <br />vendor(s), and the COOPERATOR will be invoiced their cost-share through the effective termination. <br /> <br />14.0 Acts and Omissions. Neither party shall be responsible for, or bear any liability associated with, <br />the acts or omissions of the other party. Rather, each party shall be responsible for, and bear the <br />liability associated with, its own acts and omissions. Moreover, nothing in this MOU is intended or <br />shall be construed as a waiver by the parties of any claims or defenses in any legal action, or of any <br />other rights or remedies available under applicable law. In particular, nothing herein is intended or <br />shall be construed as waiving any claim or defense based on the principle of sovereign immunity if <br />such claim or defense would otherwise be available under applicable law. <br /> <br />15.0 Force Majeure. Neither party shall be deemed to be in default of its obligations hereunder if <br />and so long as ii is prevented from performing such obligations as the result of events or <br />circumstances beyond its reasonable control. Such events or circumstances include, without <br />limitation, war, hostile foreign action, acts of terrorism, blockades, embargoes, trade restrictions, <br />riots, civil insurrection, power failures, nuclear explosions, floods, fires, earthquakes, <br />DocuSign Envelope ID: 7CDCDDBF-F05B-4FAC-B0DC-56EA3288EFB6