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Memorandum of Understanding
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ATTACHMENT A
Memorandum of Understanding
Santa Barbara County
Weed Management Area
 
This Memorandum of Understanding (MOU) is made and entered into by the signatories.
 
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.
 
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.

January 10, 2002

Note: The County of Santa Barbara's execution of the MOU was passed unanimously by Minute Order of the Board of Supervisors on January 22, 2002. File Reference No 02-00085