Common use of JOINT POWERS Clause in Contracts

JOINT POWERS. XXXX and SDSU agree to the following provisions pursuant to the Joint Powers Act (SDCL 1-24): 1. This Agreement does not establish a separate legal entity as contemplated by SDCL 1-24-5. The cooperative undertaking described herein will be financed and conducted under the provisions of this agreement by XXXX and SDSU respectively. Each party has responsibilities under the terms of this Agreement and no joint board or joint administrator will be used. Purchase and maintenance of equipment used to fulfill the agreement will be undertaken by the respective agencies as described herein. No real property will be purchased to use for this Agreement. 2. A copy of this Agreement will be filed by XXXX, with the Attorney General and Legislative Research Council not more than 14 days after the execution as required by SDCL 1-24-6.1. 3. All parties must comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 U.S.C 2000d) and, in accordance with Title VI of that act, no person in the United States shall, on the grounds of race, color, or national origin, be exclude from participating in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediate take any measures necessary to effectuate this agreement. 4. Nothing in this Agreement shall be construed as an indemnification by one party or the other for liabilities of a party or third party for property loss, or damage, or death, or personal injury arising out of the performance of this Agreement. Any liabilities or claims for property loss, or death, or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during this agreement shall be determined according to applicable law. 5. The parties signify their agreement to this work plan by the signatures affixed below.

JOINT POWERS. XXXX DANR and SDSU agree to the following provisions pursuant to the Joint Powers Act (SDCL 1-24): 1. This Agreement does not establish a separate legal entity as contemplated by SDCL 1-24-5. The cooperative undertaking described herein will be financed and conducted under the provisions of this agreement by XXXX DANR and SDSU respectively. Each party has responsibilities under the terms of this Agreement and no joint board or joint administrator will be used. Purchase and maintenance of equipment used to fulfill the agreement will be undertaken by the respective agencies as described herein. No real property will be purchased to use for this Agreement. 2. A copy of this Agreement will be filed by XXXXDANR, with the Attorney General and Legislative Research Council not more than 14 days after the execution as required by SDCL 1-24-6.1. 3. All parties must comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 U.S.C 2000d) and, in accordance with Title VI of that act, no person in the United States shall, on the grounds of race, color, or national origin, be exclude from participating in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediate take any measures necessary to effectuate this agreement. 4. Nothing in this Agreement shall be construed as an indemnification by one party or the other for liabilities of a party or third party for property loss, or damage, or death, or personal injury arising out of the performance of this Agreement. Any liabilities or claims for property loss, or death, or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during this agreement shall be determined according to applicable law. 5. The parties signify their agreement to this work plan by the signatures affixed below.

JOINT POWERS. XXXX A. CONSERVATION DISTRICT A and SDSU CONSERVATION DISTRICT B agree to the following provisions pursuant to the Joint Powers Act (SDCL 1-24): 1. This Agreement does not establish a separate legal entity as contemplated by SDCL 1-24-5. The cooperative undertaking described herein will be financed and conducted under the provisions of this agreement by XXXX CONSERVATION DISTRICT A and SDSU CONSERVATION DISTRICT B respectively. Each party has responsibilities under the terms of this Agreement and no joint board or joint administrator will be used. Purchase and maintenance of equipment used to fulfill the agreement will be undertaken by the respective agencies as described herein. No real property will be purchased to use for this Agreement. 2. A copy of this Agreement will be filed by XXXXCONSERVATION DISTRICT A, with the Attorney General and the Legislative Research Council not more than 14 days after the execution as required by SDCL 1-24-6.1. 3. Financing required by this agreement will come from regular annual budgets. 4. This agreement may be terminated by either party upon thirty (30) days written notice without cause. 5. All parties must comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 U.S.C U.S.C. 2000d) and, in accordance with Title VI of that act, no person in the United States shall, on the grounds of race, color, or national origin, be exclude excluded from participating participation in, be denied the benefits of, or be otherwise subject subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediate immediately take any measures necessary to effectuate this agreement. 46. Nothing in this Agreement shall be construed as an indemnification by one party or of the other for liabilities of a party or third party person for property loss, or damage, or death, or personal injury arising out of the performance of this Agreement. Any liabilities or claims for property loss, or death, or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during this agreement shall be determined according to applicable law. 5. The parties signify their agreement to this work plan by the signatures affixed below.

JOINT POWERS. XXXX A. SDDA and SDSU agree to the following provisions pursuant to the Joint Powers Act (SDCL 1-24): 1. This Agreement does not establish a separate legal entity as contemplated by SDCL 1-24-5. The cooperative undertaking described herein will be financed and conducted under the provisions of this agreement by XXXX SDDA and SDSU respectively. Each party has responsibilities under the terms of this Agreement and no joint board or joint administrator will be used. Purchase and maintenance of equipment used to fulfill the agreement will be undertaken by the respective agencies as described herein. No real property will be purchased to use for this Agreement. 2. A copy of this Agreement will be filed by XXXXSDDA, with the Attorney General and Legislative Research Council not more than 14 days after the execution as required by SDCL 1-24-6.1. 3. All parties must comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 U.S.C 2000d) and, in accordance with Title VI of that act, no person in the United States shall, on the grounds of race, color, or national origin, be exclude from participating in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediate take any measures necessary to effectuate this agreement. 4. Nothing in this Agreement shall be construed as an indemnification by one party or the other for liabilities of a party or third party for property loss, or damage, or death, or personal injury arising out of the performance of this Agreement. Any liabilities or claims for property loss, or death, or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during this agreement shall be determined according to applicable law. 5. The In witness hereto, the parties signify their agreement by affixing their signatures. SDDA BY: Xxxxxxx Xxxxx, Director SD Department of Agriculture BY: Xx. Xxxxxx Xxxxxxxx, Acting Secretary SD Department of Agriculture SDSU BY: Dated this Day of , 2018. Dated this Day of , 2018. Dated this Day of , 2018. Xxxxx Xxxxxxxxx, Associate VP Research Assurance and Sponsored Programs SD State University Herbicides have long been used in communities and on agricultural lands across the country. However, in the Midwest and Great Plains region, due to this work plan the dominance of cropland and pastures, the use of herbicides is widespread. Glyphosate, atrazine,2,4-D, and dicamba are widely used agricultural herbicides with some of the highest usage, measured in pounds per acres, in the croplands of the Midwestern and Great Plains states. The past several years there has been an increase in herbicide drift complaints from small communities surrounded by agricultural fields and landowners with crop windbreaks or woodlots, as the signatures affixed belowuse of glyphosate-resistant crops became common place. The problem became compounded with the introduction of dicamba-resistant soybeans. During 2017, thousands of herbicide drift complaints alleged damage to community trees, windbreaks, and rural woodland, due to the suspected application of dicamba to soybean fields throughout the region. No reliable information exists to describe characteristic symptoms on common tree species, or the concentration threshold between symptomatic (injured) and asymptomatic (non-injured) trees. Accurate diagnoses of herbicide injury is difficult as damage symptoms may be appear very similar to those of other agents and factors. Unlike biotic agents - insects, mites, and pathogens - there are no signs, only symptoms so the impact of the herbicide is often lost among the other factors that can mimic its symptoms.