Proposed way forward Sample Clauses

Proposed way forward. 6.1. Existing opportunities and potential options for joint management 6.1.1. Previous cross-border discussions between Kenya and Tanzania in the proposed TBCA 6.1.2. Lessons learned from other cross-border initiatives
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Proposed way forward. Based on the experiences made with respect to species action-planning under AEWA thus far, the production of less than 10 Action Plans can be funded each triennium compared to the nearly hundred populations that would qualify for such plans. Although the AEWA Strategic Plan addresses this gap by introducing the instrument of conservation and management guidance, it is paramount to be very strategic when prioritising species for action-planning. It is therefore recommended that priority should be given to the recovery of Globally Threatened and Near-Threatened species listed on Annex 2 of AEWA and to populations marked with an asterisk, which would be consistent with the practice of AEWA so far. Considering the above-mentioned shortcomings of the current prioritisation methodology, it is suggested to adopt three categories of priorities: Priority 1: Globally Threatened and Near Threatened species listed on Annex 2 of AEWA based on their global Red List Status5; Priority 2: populations of Least Concern species listed in Categories 1(a), 1(c), or 2 or 3 and marked with an asterisk in Table 1 and in long- or rapid short-term decline; Priority 3: populations of Least Concern species listed in Category 1c not in long- or rapid short-term decline. a) Prioritisation for action-planning 1. Species will be excluded where a major portion of the global population of the species occurs outside the AEWA Agreement Area (>10% of the global population size). Currently, this would lead to the exclusion of two species: Siberian Crane (Leucogeranus leucogeranus)6, and Great Knot (Calidris tenuirostris)7; 2. AEWA provides the most appropriate international policy platform for the development and implementation of the Action Plan. This filter can lead to the exclusion of species that could be better covered by action plans under other legally binding treaties such as the EU and the Bern Convention, etc. For priority 1 species which remain after the elimination process described above, the following factors could be considered as advantages and could lead to moving the species up in the ranking on the list by 1-7 steps depending the number of criteria which are met of those listed below: 1. The causes of decline are understood8; 2. Remedial actions have been successfully developed and tested; 3. The species is subject of utilisation; 4. The recovery is dependent not only on habitat conservation measures but also on species management actions9; 5. The species population can be su...
Proposed way forward. 6.1 To treat this as a genuine redundancy situation, which it is, which would enable the Council to consult with the HoPS as to redundancy and to serve notice on 31 March 2023 to terminate her employment by reason of redundancy. 6.2 Paragraph 6.3.7 of the Staffing Guidance states that: 6.3 At paragraph 6.4.2 of the Staffing Guidance it states: 6.4 The guidance therefore confirms that the Council is entitled to offer Voluntary Early Redundancy to employees who wish to terminate their employment and receive a financial severance package resulting in the contract being terminated by mutual agreement. Indeed, the guidance suggests that North Yorkshire Council as the new authority may wish to promote such an arrangement to take effect before the Vesting Date “to effect a smooth and efficient transition” and coordinate with predecessor Councils whilst acknowledging that the decision rests with the Council as the relevant employer. 6.5 For this reason it is proposed that a tri-partite agreement be reached between the affected HoPS, the Council and North Yorkshire Council for the dismissal by reason of redundancy of the HoPS ahead of vesting day. The terms of that agreement being: • The HoPS object to any TUPE transfer to the new authority therefore removing the risk of the employee transferring “as a matter of law” to North Yorkshire Council. • Notice to terminate by reason of redundancy be given on 31 March 2023. • The HoPS be paid £26,788.68 in respect of her contractual notice period of 12 weeks but that this payment be paid in lieu of notice, there being no role for her to serve her notice out after 31 March 2023. • The HoPS be paid her contractual redundancy payment of £66,971.59. • That the Council assume the pension strain costs for the remainder of the period until the HoPS statutory retirement age, such costs being £116,169.18. • The HoPS ensure that she has no accrued but untaken holiday. • Any payments received are therefore in full and final settlement of any employment related claim that as an employee she may have.

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Contractor shall not withdraw its Guaranteed Maximum Price Proposal for ninety (90) days following submission to Owner. 7.2 In developing the GMP Proposal, Contractor shall coordinate efforts with A/E to identify qualifications, clarifications, assumptions, exclusions, value engineering and any other factors relevant to establishment of a GMP. Contractor shall review development of the GMP Proposal with Owner on an ongoing basis to address clarifications of scope and pricing, distribution of contingencies, schedule, assumptions, exclusions, and other matters relevant to the establishment of a GMP. 7.3 The GMP Proposal must include a written description of how it was derived that specifically identifies the clarifications and assumptions made by Contractor in the GMP and the monetary amounts attributable to them. The GMP Proposal shall include, without limitation, a breakdown of Contractor’s estimated General Conditions Costs and estimated Cost of the Work organized by trade and Masterformat 2004; contingency amounts; the Construction Phase Fee; and the proposed Contract Time, including dates for Notice to Proceed, Substantial Completion and Final Completion. Notwithstanding the breakdown of Contractor’s estimated costs, there are no line item guaranteed maximum amounts except for general conditions. 7.4 The Guaranteed Maximum Price Proposal shall allow for reasonably expected changes and refinements in the Drawings and Specifications through completion of the Construction Documents, except for material changes in scope. 7.5 The GMP Proposal shall include a Contractor’s Contingency amount. 7.6 Included with its GMP Proposal, Contractor shall provide three complete, bound sets of the drawings, specifications, plans, sketches, instructions, requirements, materials, equipment specifications and other information or documents that fully describe the Project as developed at the time of the GMP Proposal and that are relevant to the establishment of the GMP. The bound supporting documents shall be referenced in and incorporated into the GMP Proposal. 7.7 The GMP Proposal and all supporting documents shall identify and describe all items, assumptions, costs, contingencies, schedules and other matters necessary and relevant for proper execution and completion of the Work and for establishment of the GMP. The GMP Proposal and the supporting documents are complementary and, in the event of an irreconcilable conflict between or among them, the interpretation that provides for the higher quality or quantity of material and/or workmanship shall prevail over all other interpretations. 7.8 In submitting the GMP Proposal, Contractor represents that it will provide every item, system or element of performance that is identified, shown or specified in the GMP Proposal or the supporting documents, along with those necessary or ancillary materials that are reasonably inferable and equipment for their complete operating installation, unless specifically accepted in writing by Owner. Upon Owner’s written acceptance of the GMP Proposal, Contractor shall not be entitled to any increase in the GMP due to the continued refinement of the Construction Documents or the absence or addition of any detail or specification that may be required in order to complete the construction of the Project as described in and reasonably inferable from the GMP Proposal or the supporting documents used to establish the GMP. 7.9 The GMP Proposal shall adopt and incorporate all of the terms and conditions of this Agreement and all attachments to this Agreement. Any proposed deviation from the terms and conditions of this Agreement must be clearly and conspicuously identified to Owner in writing and specifically accepted in writing by Owner. In the event of a conflict between any term of the GMP Proposal that was not clearly and conspicuously identified and approved by Owner and the terms of this Agreement and its attachments, the terms of the Agreement and its attachments shall control. 7.10 Owner may accept or reject the Guaranteed Maximum Price Proposal or attempt to negotiate its terms with Contractor. Upon acceptance by Owner of the GMP Proposal in writing, both parties shall execute the GMP Proposal which shall become part of this Agreement. If Owner rejects the GMP Proposal or the parties are unable or unwilling to agree on a GMP, Owner may terminate this Agreement. 7.11 Following Owner’s acceptance of the GMP Proposal, Contractor shall continue to monitor the development of the Construction Documents so that, when complete, the Construction Documents adequately incorporate and resolve all qualifications, assumptions, clarifications, exclusions and value engineering issues identified in the GMP Proposal. 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