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MOU NO. 0018 <br />Aquatic Weed Control Grant for 2024 <br /> Page 1 of 4 v. 2024.02.07 <br />MEMORANDUM OF UNDERSTANDING <br />between the <br />North Carolina Department of Environmental Quality <br />and Orange County <br /> <br />This Memorandum of Understanding (MOU) is hereby made and entered into by and between the NORTH <br />CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY ("NCDEQ") and the ORANGE COUNTY, <br />(referred to as the “COOPERATOR”). “NCDEQ” and the “COOPERATOR” together are referred to as the <br />“PARTIES”. <br /> <br />1.0 MOU Background. <br />1.1 The North Carolina Aquatic Weed Control Program (“Program”) is housed within the NCDEQ. <br />The Program provides grant funds to units of local, state, and federal governments, academic <br />institutions, and public utilities for the purpose of aquatic weed management and/or research <br />(per Aquatic Weed Control Act of 1991, NC General Statutes, Article 15 of Chapter 113). <br />1.2 The COOPERATOR has requested assistance from the Program and/or applied for an <br />Aquatic Weed Control grant. <br />1.3 The North Carolina Aquatic Weed Council has adopted a work plan for the 2024 weed season <br />and the work plan includes one or more projects associated with the COOPERATOR. <br />1.4 This MOU establishes a cost-share arrangement for the purpose of pursuing one or more <br />aquatic weed control projects. <br /> <br />2.0 MOU Period. This MOU shall be effective from the date upon which all PARTIES have signed to <br />December 31, 2024, inclusive of those dates. <br /> <br />3.0 Performance Obligations and Duties. The PARTIES agree that the NCDEQ shall perform the <br />services required herein set forth; provided that the NCDEQ is not and will not by virtue of this MOU <br />acquire the status of an employee of the COOPERATOR: <br />3.1 Herbicide Applications: Program staff will conduct herbicide applications, except that a 3rd <br />party vendor(s) may be contracted to assist with herbicide applications. All personnel, <br />equipment, and materials will be provided by NCDEQ and/or 3rd party vendor(s). <br />3.2 Herbicide efficacy: The NCDEQ will conduct post-application site visit(s) and determine <br />efficacy of herbicide treatments. The NCDEQ may collect water samples from treatment <br />areas and send them to analytical lab to determine herbicide concentrations. <br />3.3 Contract oversight: In the case that a 3rd party vendor is retained, Program staff will be <br />responsible for contract oversight to ensure that services provided by 3rd party vendor(s) meet <br />contract specifications. <br />3.4 Aquatic Vegetation Survey: The NCDEQ will conduct lake-wide aquatic vegetation surveys. <br />The survey will be conducted at the end of the 2024 weed season (approximately September <br />– October). The survey will identify what species of aquatic plants are present and <br />approximate the number of acres occupied by each species. A final report will be provided <br />to the COOPERATOR. <br /> <br />4.0 Time of Essence. Time is of the essence in performing all activities regarding this MOU. <br /> <br /> <br />DocuSign Envelope ID: 7CDCDDBF-F05B-4FAC-B0DC-56EA3288EFB6