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- ATTACHMENT A
- Memorandum
of Understanding
Santa Barbara County
Weed Management Area
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- This Memorandum of Understanding
(MOU) is made and entered into by the signatories.
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- I. PURPOSE
- The purpose of this
MOU is to establish the Santa Barbara County Weed Management
Area (SBCWMA) and define the terms and conditions under which
the SBCWMA will cooperate and coordinate activities necessary
to prevent the introduction, establishment and spread of harmful
non-native weeds in Santa Barbara County. These activities shall
focus upon the exclusion, detection, eradication and suppression
of priority exotic weeds using an integrated approach.
II. AUTHORITY
- Whereas, the parties
are entering into this MOU pursuant to the California Food and
Agricultural Code, Section 7272(b), which states:
"A 'weed management area' is a local organization that brings
together all interested landowners, land managers (private, city,
county, state, and federal), special districts, and the public
in a county or other geographical area for the purpose of coordinating
and combining their actions and expertise to deal with their
common weed control problems. The organization shall function
under the authority of a mutually developed memorandum of understanding
and subject to statutory and regulatory requirements. A weed
management area may be voluntarily governed by a chairperson
or a steering committee."
III. GOALS
Whereas, in accordance with the Strategic Plan (Attachment B),
all parties have mutual interest in preventing the spread of
exotic weeds and share the following goals:
1. EDUCATION - Increase public and staff awareness of
exotic weeds.
- 2. EXCLUSION - Exclude exotic weeds from
Santa Barbara County.
- 3. PREVENTION - Prevent the establishment
of new exotic weed infestations and spread of existing exotic
weed infestations.
- 4. CONTROL - Promote the effective management
or eradication of designated weeds.
- 5. INFORMATION EXCHANGE - Share technical information
regarding control methods, locations, new infestations, project
success amongst parties and with other regional and local weed
management areas.
- 6. COOPERATION - Facilitate development of
cooperative agreements for local weed management areas which
include opportunities for shared funding sources, resources,
materials, personnel, including volunteers, expertise, equipment,
etc. and reduced permit fees, service fees, etc.
IV. UNDERSTANDING
Now, therefore, in consideration of the above premises, it is
mutually agreed upon and understood by and among the parties
to this MOU that:
1. All parties will meet for the purpose of developing, documenting,
and implementing a long-range plan to detect and control harmful
non-native weed infestations in Santa Barbara County.
2. During these meetings, the parties will identify and document
a coordinated plan to control non-native weed infestations within
Santa Barbara County using well established methods of integrated
weed management.
3. All parties will adopt and participate in the implementation
of the Program Description and Strategic Plan, dated January
4, 2002 (Attachment B).
4. This agreement may be revised as necessary by mutual consent
of the parties by execution of a written amendment signed and
dated by all parties. This MOU will be reviewed every five (5)
years and revised if necessary.
5. Any party may terminate its participation in this MOU by providing
written notice to all other parties.
6. This MOU in no way restricts the involved parties from participating
in similar agreements and/or activities with other public or
private agencies, organizations, and individuals.
7. This MOU shall be effective upon execution of a Signature
Page by a minimum of two (2) parties. This MOU shall remain in
effect as long as a minimum of two (2) parties are participating.
8. Additional participants, including interested property owners,
property managers, special districts, non-profit entities and
members of the public, may become part of the Santa Barbara County
Weed Management Area by execution of a Signature Page, subject
to ratification by a majority of the existing participants. The
executed Signature Page shall be returned to the Santa Barbara
County Agricultural Commissioner's Office; 263 Camino del Remedio;
Santa Barbara CA 93110; for distribution and ratification by
a majority of the participants in the MOU.
9. This MOU is neither a fiscal nor a funds obligation document.
Any endeavor involving reimbursement or contribution of funds
between the parties to this instrument will be handled in accordance
with applicable laws, regulations, and procedures including those
for government procurement and printing. Such endeavors will
be outlined in separate agreements that shall be made in writing
by representatives of the parties and shall be independently
authorized by appropriate statutory authority. This instrument
does not provide such authority.
10. Each principal party shall defend, indemnify and hold harmless
each of the other principal parties, their officers, employees,
and agents from any and all liability, loss, expense (including
reasonable attorneys' fees) or claims for injury or damages arising
out of the performance of this MOU but only in proportion to
and to the extent such liability, loss, expense, attorneys' fees,
or claims for injury or damages are caused by or result from
the negligent or intentional acts or omissions by the indemnifying
principal parties, their officers, agents, or employees.
11. This agreement may be executed in one or more counterparts,
each of which shall be deemed an original.
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- IN WITNESS WHEREOF,
the parties hereto have executed this agreement on the attached
Signature Page as of the date when the second party has signed
the Signature Page.
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