Issue Elevation. The purpose of the Issue Elevation section is to provide a last resort process to resolve interagency disputes related to terms or implementation of the MOU. This Issue Elevation section is identical to the one used in the MOU Establishing the Unified Federal Environmental and Historic Preservation Review Process created by the UFR effort.
Issue Elevation. Any issue or dispute that arises between or among the Parties during the course of the EHP review associated with a Disaster Recovery Project shall be addressed expeditiously to avoid delay in making the Federal Agency Decision(s) on a proposed project. This provision is intended to ensure that all Parties work as collaboratively and quickly as possible to resolve any issues or disputes that could delay a Federal Agency Decision. If there is a dispute resolution process established in an applicable law, regulation, or a legally binding agreement then it will be implemented using, to the maximum extent practicable, the timeframes in this provision. Federal Agencies involved in reaching a Federal Agency Decision(s) for a proposed Disaster Recovery Project will seek to resolve issues or disputes at the earliest possible time through discussion at the lowest appropriate organizational level, i.e., project-level staff who have day-to-day involvement in a project. If an issue cannot be resolved through meetings among the project-level staff, then the staff will notify the appropriate Agency personnel having regional management responsibilities over this issue. The regional management staff will enter discussions to resolve the issue or dispute and will have ten days in which to do so, unless, at the end of the ten day period, all regional management staff involved in the issue or dispute agree that progress toward resolution is being made, in which case the discussions may be extended for an additional ten days. Where appropriate, the project Applicant should be engaged and its issues should also be addressed through this collaborative process. Should discussions among those regional managers fail to achieve resolution within 20 days or where there are no such personnel with regional management responsibilities in an Agency involved, then the dispute will be elevated to a senior Agency official at the Agency’s headquarters office. The senior Agency official will promptly contact his/her counterparts at the other Agencies involved in the dispute to expeditiously address the matter and to avoid delay in the timely completion of the Federal Agency Decision. If a resolution of the matter cannot be achieved at this level the matter will be elevated to the relevant signatories of this agreement for resolution. If an Agency has vested, by regulation, the ultimate decision making authority for a Federal Agency Decision in a particular Agency official, then that official...
Issue Elevation. Any disputes arising out of this agreement shall be resolved in the most informal way possible for the mutual interest of all parties. Claims should be submitted to the other entity in writing for prompt resolution. Entities shall negotiate in good faith and use all reasonable efforts to resolve disputes. Authorities: By agreeing to the terms and conditions set forth in this Memorandum of Agreement, Organization’s officers, employees, and agents are considered emergency management workers for purposes of N.C. Gen. Stat. § 166A-19.60 to the extent that Organization, its officers, employees, and agents act in good faith, without willful misconduct or gross negligence, and under the direction and control of Government pursuant to this Memorandum of Agreement. Government assumes no liability for any wrongful acts of Organization, its officers, employees, and agents arising out of performing any activities pursuant to this Memorandum of Agreement. Nothing in this Memorandum of Agreement shall be construed to or is intended to conflict with current laws or regulations of the United States of America, the State of North Carolina, or Government. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this Memorandum of Agreement shall remain in full force and effect. This Memorandum of Agreement shall be governed by the laws of the State of North Carolina as well as all contract provisions listed in Attachments A: 2 C.F.R Part 200 Contract Provisions and Attachment B: State Compliance Provisions.
Issue Elevation. Any disputes arising out of this agreement shall be resolved in the most informal way possible for the mutual interest of all parties. Claims should be submitted to the other entity in writing for prompt resolution. Entities shall negotiate in good faith and use all reasonable efforts to resolve disputes. Authorities: By agreeing to the terms and conditions set forth in this Memorandum of Agreement, Organization’s officers, employees, and agents are considered emergency management workers for purposes of N.C. Gen. Stat. § 166A-19.60 to the extent that Organization, its officers, employees, and agents act in good faith, without willful misconduct or gross negligence, and under the direction and control of Government pursuant to this Memorandum of Agreement. Government assumes no liability for any wrongful acts of Organization, its officers, employees, and agents arising out of performing any activities pursuant to this Memorandum of Agreement. Nothing in this Memorandum of Agreement shall be construed to or is intended to conflict with current laws or regulations of the United States of America, the State of North Carolina, or Government. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this Memorandum of Agreement shall remain in full force and effect. This Memorandum of Agreement shall be governed by the laws of the State of North Carolina as well as all contract provisions listed in Attachments A: 2 C.F.R Part 200 Contract Provisions and Attachment B: State Compliance Provisions, the provisions of both Attachments are incorporated to this Agreement by reference and are binding on Organization Amendments: This Memorandum of Agreement may be amended when such an amendment is agreed to in writing by all Parties. The amendment will be effective on the date a copy of the amended MEMORANDUM OF AGREEMENT has been signed by all of the Parties. Duration/Termination: This Memorandum of Agreement shall become effective on upon signing by both parties. If either party determines that the terms of the Memorandum of Agreement will not or cannot be carried out, that entity shall immediately consult with the other entity to develop an amendment to this Agreement. If within fourteen (14) days an amendment cannot be reached, any entity may terminate the Memorandum of Agreement upon written notification to the other Party(ies). This Memorandum of Agreement shall remain in effect for ...
