RESOLUTION NO. BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS

Transcription

1 RESOLUTION NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF BOISE CITY, BY AND THROUGH THE PARKS & RECREATION DEPARTMENT, ADA COUNTY WEED AND PEST CONTROL, BUREAU OF LAND MANAGEMENT (BOISE DISTRICT), BOISE NATIONAL FOREST (MOUNTAIN HOME RANGER DISTRICT), IDAHO DEPARTMENT OF FISH & GAME AND IDAHO DEPARTMENT OF LANDS TO ESTABLISH THE BOISE FOOTHILLS COOPERATIVE WEED MANAGEMENT AREA; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE, IDAHO: Section 1. That the Memorum of Understing between Ada County Weed Pest Control, Boise City Department of Parks Recreation, Bureau of L Management (Boise District), Boise National Forest (Mountain Home Ranger District), Idaho Department Of Fish & Game Idaho Department of Ls establishing the Boise Foothills Cooperative Weed Management Area is hereby approved in the form attached hereto as Exhibit A. Section 2. That the Director of the Department of Parks & Recreation is hereby authorized to execute the Boise Foothills Cooperative Weed Management Agreement on behalf of the City of Boise. Section 3. That this Resolution shall be in full force effect immediately upon its adoption approval. ATTEST: APPROVED: Annette P. Mooney City Clerk David H. Bieter Mayor R

2 Boise Parks & Recreation Dept. Memo To: Mayor Council From: Paul Woods, Foothills Open Space Manager CC: Jim Hall, Director, Boise Parks Recreation Department Chuck McDevitt, Chairman, Foothills Conservation Advisory Committee : August 25, 2006 Re: Cooperative Weed Management Agreement The attached Memorum of Understing is an agreement between the local, state federal agencies to cooperatively pursue weed management in the Boise Foothills. This agreement will benefit Boise City in its Foothills stewardship by efficiently combining resources to address the issue of invasive noxious weed management on City-owned foothills l. The Foothills Conservation Advisory Committee has reviewed the document recommends approval by the Mayor Council. There is no fiscal impact associated with this agreement. Thank you for your consideration of this agreement. 8/29/2006/I:\Legal\Legal Divisions\Legal L Use-P&D Division\Reso \R Mayor Council Memo for MOU.doc/mcl

3 BOISE FOOTHILLS COOPERATIVE WEED MANAGEMENT AREA (CWMA) MEMORANDUM OF UNDERSTANDING Between ADA COUNTY WEED AND PEST CONTROL BOISE CITY DEPARTMENT OF PARKS AND RECREATION BUREAU OF LAND MANAGEMENT, BOISE DISTRICT BOISE NATIONAL FOREST IDAHO DEPARTMENT OF FISH & GAME IDAHO DEPARTMENT OF LANDS A. PURPOSE: The purpose of this Memorum of Understing (MOU) is to provide a means to effectively coordinate the actions that each party has authority to undertake to address weeds on ls under its control. Weeds may be defined to one of two possible categories: 1. Noxious weeds as defined in statute listed by the Idaho Department of Agriculture 2. Non-native invasive plants Because weeds readily cross property boundaries, it is in each party's interest to coordinate efforts to accomplish a more effective integrated weed management program. No party is delegating to any other party any decision making authority. Each party will be responsible for making decisions concerning l or resources under its control. The benefit of the cooperative effort, however, is that when a party chooses to take action, the action can be taken in a manner that enhances benefits from efforts taken by other parties. Further, on a case-specific basis, parties may choose to share resources, including funds granted to the CWMA from other sources. Agency decisions will be subject to applicable laws, regulations, public processes. B. MUTUAL BENEFIT: All parties to the MOU agree that it is to their mutual interest benefit to work cooperatively in inventorying, controlling, monitoring, preventing the establishment spread of weeds (integrated weed management) across jurisdictional ownership boundaries within the CWMA. All parties also agree it is to their mutual benefit to work cooperatively to educate, train, share technology information with agency personnel the general public about weeds, 1

4 to work cooperatively to make the best use of available funds to manage the weed problems within the CWMA. C. ALL PARTIES MUTUALLY AGREE TO: 1. Establish the Boise Foothills CWMA which will encompass the geographic area within the Boise Foothills bounded by the Ada/ Canyon County boundary to the west, the Lower Gem, Upper Payette, Boise Basin CWMAs to the north, the South fork Boise CWMA to the east, the Oregon Trail urban development to the south. See attachment 1 for a map of the boundaries. 2. Establish a Board which shall consist of each signatory Party to this MOU, or its assigned representative, other Cooperators as agreed to by the Parties. The Board provides oversight direction for the Steering Committee will be responsible for fiscal operations that may be established through Cooperative Agreements, Assistance Agreements or other similar instruments as required by individual Parties or Cooperators to this MOU for the purpose of directing tasks providing resources. The Board will meet at least annually. 3. Establish a Steering Committee (Committee) consisting of those persons with expertise or interest in integrated weed management within the CWMA. The Committee will be responsible to provide oversight to weed management coordination activities within CWMA control including planning, organization, project identification, treatment, accomplishments, inventory, monitoring, reporting. The Committee will be comprised of a Chairperson Recorder (or Vice-Chairperson) general members as recommended by the Steering Committee approved by the Board. The Committee will meet on an as needed basis. 4. Provide the opportunity for open participation by individuals from the public, developers or conservation directors for planned communities, or other organizations to attend meetings, give testimony, or participate in site specific projects or activities. These Cooperators, although not Parties to this MOU, provide valuable additional resources to integrated weed management within the CWMA. Cooperators may attend any public meetings of the Board or Steering Committee may participate on specific projects. 5. Establish Task Groups, when needed, to work on specific projects or other activities. The Chair of each Task Group shall be a member of the Committee with members recruited as needed. Each Chair will report to the Committee to the Board. 6. Recognize that the Southwest Idaho Resource Conservation Development Council (RC&D), local Soil Water Conservation Districts, /or other entities may assist in endeavors critical to the purposes of this MOU under separate formal arrangements with individual Parties Cooperators to this MOU. Such assistance may include but not be limited to: managing funds with a task order assistance agreements, writing grant applications, providing consultation, education, facilitation. 7. Work cooperatively with all Parties to this MOU Cooperators to establish an Integrated Weed Management Plan which will describe the goals objectives for the CWMA which will be the guiding document for the cooperative management of weeds within the CWMA. Bylaws will also be cooperatively written which will further outline the duties responsibilities of the Committee. 2

5 8. Annually coordinate weed management activities based on the framework items mentioned above available funding. Agreed upon coordinated weed management activities will be documented each year in an Annual Operating Plan. These management activities will implement the Integrated Weed Management Plan. The Annual Operating Plan will be prepared by the Committee exped by the board or reported later. This plan will identify activities, projects, responsible parties, financial plans for the year. D. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. Pursuant to Section 22, Title 41, United States Code, no member of, or Delegate to, Congress shall be admitted to any share or part of this instrument, or any benefits that may arise there from. 2. This instrument in no way restricts the parties from participating in similar activities with other public or private agencies, organizations, individuals. 3. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement, contribution of funds, or transfer of anything of value between the parties to this instrument will be hled in accordance with applicable laws, regulations, procedures including those for Government procurement printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties shall be independently authorized by appropriate statutory authority. Specifically, this instrument does not establish authority for noncompetitive award to the cooperator of any contract or other agreement. Any contract of agreement for training or other services must fully comply with all applicable requirements for competition. 4. Modifications within the scope of this MOU shall be made by mutual consent of the parties, by the issuance of a written modification, signed dated by all parties, prior to any changes being performed. 5. Cooperators have, through any authorized representative, the right of access to, the right to examine all records related to this MOU to the extent provided by law. As used in this clause, records includes books, documents, accounting procedures practices, other data, regardless of type regardless of whether such items are in written form, in the form of computer data, or in any other form. 6. Any Party, in writing, may terminate their participation in this MOU in whole, or in part, at any time before the date of expiration. 7. This instrument is executed as of the last date shown below expires no later than December 31, 2013 at which time it is subject to review renewal or expiration. E. AUTHORITY The following is a listing of authorities that are applicable to this MOU: the Cooperative Funds Deposits Act of December 12, 1975 (PL94-148), ORS to , the Granger-Thye Act of April 24, 1950, the Federal Noxious Weed Act of 1974 (PL ), 3

6 the Idaho Noxious Weed Law, Idaho Code; the Invasive Species Executive Order of February 3, 1999, the Federal L Policy Management Act of 1976 (FLPMA) (Public Law , Section 307 (b), the Omnibus Consolidated Appropriations Act of 1997, Wyden Amendment (Public Law , Section 124, as amended, Public Law , Section 136), the Watershed Restoration Enhancement Agreement Authority of FY 1999 Beyond, Section 323 (a). F. MOU PARTY REPRESENTATIVES ARE: Ada County Weed Pest Control Name: Brian Wilbur Address: 517 N. Meridian St. Meridian, ID Phone: wpwilbbk@adaweb.net - Boise City Parks Recreation - Name: Paul Woods Address: 1104 Royal Blvd Boise, ID Phone: pwoods@cityofboise.org Boise National Forest, Mountain Home Ranger District Name: Tina Ruffing Address: 2180 American Legion Blvd. Mountain Home, ID Phone: truffing@fs.fed.us Bureau of L Management, Boise District Name: Pat Kane Address: 3948 Development Avenue Boise, ID Phone: patrick_kane@blm.gov Idaho Department of Ls Name: Jay Sila Address: 8355 West State St. Boise, ID Phone: jsila@idl.idaho.gov 4

7 Idaho Department of Fish Game Name: Ed Bottum Address: 3101 W. Powerline Road Nampa, ID Phone: F. IN WITNESS THEREOF, The parties hereto have executed this Agreement as of the last date written below: Ada County Rick Yzaguirre Board of Commissioners By: Boise Parks Recreation James R. Hall Director By: Bureau of L Management, Boise District Jerry Taylor District Manager By: Boise National Forest Richard A. Smith Forest Supervisor By: Idaho Department of Fish Game Scott Reinecker Southwest Regional Supervisor By: Idaho Department of Ls, Southwest Area Office Kurt Houston Area Supervisor By: 5

8 Attachment 1: Boise Foothills CWMA Boundary. 6

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