UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. 1. This Agreement may be terminated upon mutual agreement of the involved Parties.
2. In the event that any provision(s) of this Agreement is (are) determined to be legally invalid, the Parties hereto agree that that particular provision shall be null and void, but that the remainder of this Agreement shall remain in full force and effect.
3. The Agreement constitutes the entire Agreement of the Parties with respect to the matters contained herein. No modification of or amendment to the Agreement shall be effective unless such modification or amendment is in writing and signed by both Parties hereto. Any prior agreements or representations, either written or oral, relating to the subject matter of the Agreement, are of no force or effect.
4. All disputes resulting in legal action shall be governed by the laws of the State of Utah. Jurisdiction shall be vested in the District Courts in and for the State of Utah. Venue is vested in the Fifth Judicial District Court in and for Iron County, State of Utah or in any other successor district court of competent jurisdiction.
5. Any and all communication regarding this Agreement and its terms shall be communicated by mail to the following addresses: Cedar City, UT 8472 Cedar City Corporation c/o Finance Department – Water Billing
UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. This MOU is at will and may be modified or terminated with the mutual consent of the authorized officials of the respective parties. This MOU will remain in effect through the 2011-2012 academic year.
UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. This MOU neither enlarges nor diminishes the decision-making authority of any agency involved in the NEPA process. This MOU does not expand requirements or responsibilities beyond those found in laws and regulations, nor does it require an agency to provide financial assistance to a cooperating agency.
A. THE U.S. FOREST SERVICE AND THE COOPERATOR WILL:
(1) Cooperate to achieve better outcomes while ensuring legal requirements are met.
(2) Communicate openly and provide for the timely exchange of information.
(3) Resolve conflicts at the lowest administrative level.
B. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Address: 000 00xx Xxxxxx XX Email: XX.XX.XXXXXXXX@xxxx.xxx
C. NONBINDING AGREEMENT. This MOU creates no right benefit, or trust responsibility, substantive or procedural, enforceable by law or equity. The parties shall manage their respective resources and activities in a separate coordinated and mutually beneficial manner to meet the purpose(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or transfer anything of value. Specific, prospective projects or activities that involve the transfer of funds, services, property, and/or anything of value to a party requires the execution of separate agreements and are contingent upon numerous factors, including, as applicable, but not limited to agency availability of appropriated funds and other resources; cooperator availability of funds and other resources; agency and cooperator administrative and legal requirements (including agency authorization by statute); etc. This MOU neither provides, nor meets these criteria. If the parties elect to enter into an obligation agreement that involves the transfer of funds, services, property, and/or anything of value to a party, then applicable criteria must be met. Additionally, under a prospective agreement, each party operates under its own laws, regulations, and/or policies, and any Forest Service obligation is subject to the availability of appropriated funds and other resources. The negotiation, execution, and administration of these prospective agreements must comply with all applicable law. Nothing in this MOU is intended to alter, limit, or expand the agencies’ statutory and regulatory authority.
D. FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or agreement records must not be limited, except when such records must be kept confidenti...
UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. 1. The agreement can be modified on an ongoing basis if agreed by the two parties.
2. The agreement can be terminated should either party not carry out the actions identified.
UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. A. As funding and resources are available and authorized (as determined in each Party’s sole discretion), the Parties will provide technical, human and financial support to achieve the vision and outcomes of this MOU, including, but not limited to:
1. Support and work with existing and future forest-focused collaborative organizations to outreach and engage stakeholders to increase understanding and together refine the vision and outcomes detailed herein.
2. Expeditiously create a Boulder County map of forested lands that will be a basis for Parties to do outreach, priority setting and decision making. Consider on-going data management and governance needs, costs, and seek to maximize public facing information.
3. Establish and support a multi-disciplinary Science Team of the Parties and other representatives with varying perspectives that identifies priority areas (regardless of boundaries) in need of active forest management. The Science Team should consider creating a cross boundary treatment prescriptions "playbook" for ease of planning, approvals and grant seeking. The Science Team is to develop protocols and methods to support monitoring and adaptive management of on-the-ground cross- boundary forest management actions.
4. Establish and support a Communications and Education Team of the Parties and others to use the information developed by the Science Team and otherwise support the work of the collaborative organizations and ensure consistent messaging to the public and media by the Parties. Public education focused on proper and improper forest uses related to wildfire prevention and stewardship should also be a focus of the Communications and Education Team.
5. Through the Collaboratives, the Parties and others will together initiate stakeholder outreach, planning, and fundraising on a cross boundary landscape scale forest health and/or community protection project that meets the objectives of this agreement with implementation to commence in 2021/22.
6. The Parties will build, continually improve and host a map of Potential Operational Delineations (PODs) that spans the entire county. A PODs map identifies the safest and most effective control lines used to contain wildfire and can assist in integrating land management objectives and incident response while improving outreach to and education of the public.
7. The Parties will seek to increase the capacity of county fire districts so that they can play a greater role in outreach and engagement wi...
UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. A. The Tribal Council and the Forest Supervisor maintain their distinctive responsibilities as the primary decision-makers for their respective entities.
B. The Forest Supervisor and the Tribal Council shall be responsive to communications and interactions through the formal consultation process as defined in the FSM 1563 throughout the incident and as needed after the incident.
C. The emergency nature of the incident may necessitate an immediate decision by the Forest Supervisor or Incident Commander that may preclude formal Government-to-Government consultation or coordination with the Tribe prior to the decision being implemented. In such cases, consultation with the Tribe will be initiated as soon as practical thereafter.
D. In addition to consultation with the Tribe and the Heritage Consultants, the Forest Service will make every attempt to meet various heritage and natural resource laws by consulting with other interested traditional practitioners and publics regarding heritage resources on National Forest System lands.
E. The Tribe will identify in an annual letter by May 1, to the Forest Supervisor, qualified individuals to perform duties outlined in this MOU.
F. Cooperation and consultation between the parties of this MOU shall be integrated into the Forest Service’s Incident Management Organization.
UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. 1. FREEDOM OF INFORMATION ACT (“FOIA”): Any information furnished to the Township under this instrument is subject to the Freedom of Information Act (5 U.S. C. 552).
UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. 1. MVSS will be the exclusive roll-off hauler at rates consistent with other recycling roll-off work.
2. MR will be the exclusive destination for recyclables collected and hauled in the equipment.
3. Both company’s logos will appear on the equipment with the line “Working together since 2002”.
4. This MOU will be maintained with an equipment list covered by it.
UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. 1. Modification - This MOU may be amended from time to time by mutual agreement of the parties in a written modification signed by both parties.
UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. 1. Modification clause: If either party wants to modify this document, it must be done in writing.
