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HomeMy WebLinkAboutAgreement A-21-192 with YSRCDC.pdf Agreement No. 21-192 YOSEMITE SEQUOIA RESOURCE CONSERVATION& DEVELOPMENT COUNCIL MEMORANDUM OF UNDERSTANDING (MOU) Between Yosemite/Sequoia Resource Conservation and Development Council and Sponsor Organizations This is a memorandum of understanding by and between Yosemite/Sequoia Resource Conservation and Development Council, hereinafter referred to as "YSRCDC," and the sponsor organizations hereinafter referred to as "Sponsor Organizations"that make up the Council and that choose to participate in this memorandum of understanding. YSRCDC and Sponsor Organizations are sometimes collectively referred to herein as the "parties" or individually as a "party." This MOU shall be effective for five (5) consecutive years following the final signatory date and full execution of the MOU. This memorandum is in no way a legally enforceable contract between YSRCDC and Sponsor Organizations. I. BACKGROUND YSRCDC is a regional 501(c)3 nonprofit organization focused on conservation and economic development in the southern Sierra Nevada. The YSRCDC service area includes the rural and foothill communities of Fresno, Madera, Mariposa and Tulare counties. YSRCDC is comprised of up to 26 Sponsor Organizations, including counties, Resource Conservation Districts (RCDs), Fire Safe Councils (FSCs), local tribes (federally and/or non-federally recognized), and economic and tourism organizations. YSRCDC recently executed a Master Stewardship Agreement("the MSA") with the Sierra National Forest to increase forest restoration, stewardship, and economic opportunities. YSRCDC has also recently developed several partnership opportunities through grant funded programs. YSRCDC and its Sponsor Organizations share a common vision for conservation and economic development in the southern Sierra Nevada. This MOU provides opportunities for collaboration that will leverage resources, including but not limited to the MSA, to achieve common landscape scale restoration goals, mutual interests, and other pursuits of YSRCDC and Sponsor Organizations. II. PURPOSE The purpose of this MOU is to clearly identify the roles and responsibilities of signatories as they relate to ongoing partnership and cooperation between YSRCDC and its Sponsor Organizations, and to establish agreement for future cooperation. This MOU is intended to: • Establish a foundation to enhance our partnership and coordination in the region. 1 • Increase opportunities and capacity in the southern Sierra Nevada that align with mutual organizational goals. • Increase cooperation and resource sharing among our Sponsor Organizations. • Develop and facilitate regional collaborative processes. • Align with other agreements (e.g., the MSA) and local/regional cooperative efforts. • Maintain relationships for a common purpose to meet the needs of a diverse community of stakeholders. III. STATEMENT OF MUTUAL BENEFIT AND INTEREST YSRCDC's mission is to promote the quality and aesthetic values of our cultural, environmental, and recreational resources by improving the quality of life through diverse sustainable economic development. In addition to YSRCDC's Sponsor Organizations, YSRCDC also frequently partners and cooperates with other local, regional, and state agencies including CALFIRE and the USDA Forest Service. YSRCDC and the Sierra National Forest have an executed 5-year MSA. The MSA is a strategic resource that enhances the opportunity for both entities to seek funding and develop projects that benefit the landscape and the various resources that it provides. The MSA can garner new and additional support from and for partners, including but not limited to the timber industry, federal and non-federal entities, tribal entities, and YSRCDC's Sponsor Organizations and volunteers. Mission accomplishment for both entities will be furthered by the restoration, conservation, and management of natural resources across the landscape. The projects developed under the MSA are for the protection, enhancement, and restoration of watershed ecosystems in the Sierra Nevada and the unlocking of economic opportunities in our service area. These projects could incorporate a suite of ecosystem management activities including,but not limited to: reducing fire risks and hazards by removing and thinning hazardous fuels; hazard tree mitigation and timber stand improvement for forest health; vegetation management to enhance resilience to fire, drought, insects, and disease; habitat restoration including vegetation thinning, slashing, hand piling, and cultural and/or prescribed burning; meadow, stream, riparian and aspen restoration and protection; water quantity and quality enhancement including project elements which support scientific research; cultural site restoration and protection; removal and utilization of forest byproducts; noxious weed abatement/control; road maintenance, reconstruction, and/or removal; and improvement of recreational opportunities (e.g. trails and campgrounds). YSRCDC is continually seeking other mutually beneficial partnership and agreement opportunities. YSRCDC also has several agreements and initiatives with grant-associated funding to benefit Sponsor Organizations, including but not limited to: • Madera Projects—Southern Sierra All-Lands Restoration and Recovery Program This grant includes LIDAR acquisition and analysis from Mariposa to Fresno counties in the SRA/FRA interface area. Many of the Sponsor Organizations are partners or beneficiaries of this LIDAR analysis. • WIP Capacity Program (RFFCP) YSRCDC is the Southern Subregion project lead and will be providing capacity building 2 support over the life of the grant. Support opportunities include but are not limited to grant writing, partnership development, financial management assistance, meeting facilitation/coordination, and others. • American Forests Technical Assistance American Forests and YSRCDC have an executed MOU to provide technical assistance to YSRCDC partners and sponsors during project development. YSRCDC and American Forests are also cooperating on several initiatives,both grant funded and programmatic, which can increase the capacity of Sponsor Organizations. In consideration of these partnerships, and the potential to develop new opportunities through these agreements, this MOU will act as a framework for partnership and future supplemental project agreements (SPAS)under the MSA with Sierra National Forest. Other future YSRCDC agreements or programs not listed in this MOU at the time of execution will also be opportunistically available to Sponsor Organizations. IV. SUPPLEMENTAL AGREEMENTS A. Supplemental agreements may be entered into pursuant to this MOU, which will detail any agreed-upon work undertaken to achieve the purposes of this MOU. Such work may consist o£ a. YSRCDC providing fiscal sponsorship services, such as financial administration, grant administration, and project management to Sponsor Organizations. b. Sponsor Organizations providing technical or project-based assistance in implementing YSRCDC's projects, such as managing a local project, or providing technical assistance on a program or planning process. c. Resource sharing between organizations, to be mutually determined based on discussed needs and opportunities. B. Master Stewardship Agreement(MSA) with Sierra National Forest (and others, if developed) a. All projects conceived under the MSA will undergo a collaborative process to determine specific restoration goals, objectives, and priorities between YSRCDC, Sponsor Organizations, and the USDA Forest Service. The collaborative process will ensure that the benefits of undertaking restoration activities are mutually beneficial to all parties as well as being beneficial to a wide diversity of interests involved in collaboration. b. YSRCDC, Sponsor Organizations, and the USDA Forest Service share an interest in improving the ecosystem condition and function of the landscape. A healthy landscape provides a variety of benefits beyond the needs of a single species, and therefore benefits all parties. V. YSRCDC EXPECTATIONS AND RESPONSIBILITIES UNDER THIS MOU A. Provide leadership for the planning, implementation, and monitoring of work undertaken pursuant to this MOU, and/or pursuant to any supplemental agreements. 3 B. Develop an annual summary of program accomplishments prior to the end of each calendar year. C. May enter into supplemental agreements or support Sponsor Organization's specific project agreements to accomplish agreed-upon work undertaken pursuant to this MOU and the MSA. D. Shall designate a representative to participate in appropriate Sponsor Organization meetings to discuss and identify objectives, activities, and opportunities that meet the purposes of this MOU. E. May provide contributed funds for projects where mutually agreed upon by the signatories. F. Support Sponsor Organization's grant applications by writing or reviewing the applications or submitting Letters of Support on behalf of Sponsor Organizations. G. Refer partners or cooperators to Sponsor Organizations as opportunities align with specific activities and pursuits of Sponsor Organizations, such as potential project or program opportunities. H. Provide cross-training opportunities to Sponsor Organizations as resources become available. I. Other activities which mutually benefit YSRCDC and Sponsor Organizations, as mutually determined and agreed upon by YSRCDC and Sponsor Organizations. VI. SPONSOR ORGANIZATION EXPECTATIONS AND RESPONSIBILITIES UNDER THIS MOU A. Provide leadership for the planning, implementation, and monitoring of work undertaken pursuant to this MOU, and/or pursuant to any supplemental agreements. B. Co-develop with YSRCDC an annual summary of program accomplishments undertaken by this MOU,prior to the end of each calendar year or as otherwise mutually agreed upon by both parties. C. Work with YSRCDC to develop supplemental agreements to accomplish agreed-upon work undertaken pursuant to this MOU and/or the MSA. D. Designate a representative to participate in quarterly YSRCDC meetings to discuss and identify objectives, activities, and opportunities to meet the purposes of this MOU. 4 E. May provide contributed funds for projects where mutually agreed upon by the signatories. F. Support YSRCDC's grant applications by writing or reviewing the applications or submitting Letters of Support on behalf of YSRCDC. G. Refer partners or cooperators to YSRCDC as opportunities align with specific activities and pursuits of YSRCDC, such as potential project or program opportunities. H. Provide cross-training opportunities to YSRCDC as resources become available. I. Other activities which mutually benefit Sponsor Organizations and YSRCDC, as mutually determined and agreed upon by Sponsor Organizations and YSRCDC. VII. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE SIGNATORIES THAT: A. This regional MOU provides a framework for development of supplemental agreements at local levels to accomplish natural resources conservation and stewardship activities. B. Assistance to be provided by YSRCDC to Sponsor Organizations or vice versa will be set forth in supplemental written agreements that specify the terms and conditions of such assistance when appropriate. These agreements will be signed by the designated representatives authorized by YSRCDC and Sponsor Organizations, respectively. C. This MOU in no way restricts either YSRCDC or Sponsor Organizations from participating with other public and private agencies, organizations, and individuals. D. This MOU will be governed in consideration of Federally Recognized Indian Tribes regarding sovereign nation status and Indian Self-Determination and YSRCDC's status as a non-profit organization. E. Nothing in this MOU shall be construed as obligating either party to expend, contract for, or otherwise commit to the future expenditure of money. F. This MOU may be revised as necessary by the issuance of a written amendment. YSRCDC must be given at least 60 days advanced notice to place the proposed revisal on a quarterly council meeting agenda, at which point the amendment must then be consented to, signed, and dated by a majority of signatories at a regular YSRCDC quarterly council meeting. 5 G. Signatories may terminate their participation under this MOU by providing 60 days written notice to the other party. Unless terminated by written notice, this MOU will remain in force for a period of 5 years but may be extended via a written amendment consented to, signed, and dated by a majority of signatories at a regular YSRCDC quarterly council meeting. H. Signatories shall not discriminate on the grounds of race, color, creed, sex, age, physical handicap, or national origin in the selection of participants for any work undertaken pursuant to this MOU or any agreements supplemental hereto. I. Signatories affirm that the person executing this MOU on their behalf has been duly authorized to enter into this MOU. VIII. FUNDING This MOU does not include the reimbursement of funds among the signatories, but specific project agreements and supplemental agreements entered into under this MOU may include reimbursement of funds. IX. EFFECTIVE DATE AND SIGNATURE This MOU shall be effective upon the signature of YSRCDC and consecutive signature(s) of Sponsor Organizations' authorized officials. This MOU may be executed in any number of counterparts by Sponsor Organizations, each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. It shall be in force from January 1, 2021 to January 1, 2026 A. YSRCDC and Sponsor Organizations indicate agreement with this MOU by their signatures. Additional Sponsor Organization signatories can be added at a regular YSRCDC quarterly council meeting. Signatory information, signatures, and dates Organization: Yosemite/Sequoia Resource Conservation and Development Council Address: Signature: P.O. Box 415 North Fork, CA 93643 Phone Number: (559)-877-8663 NaiW- Thomas Wheeler Primary Contact: Rubie Teffeteller, Title: President Project/Program Manager Email: rteffeteller@ysrcandd.org; Date: info@ysrcandd.org ' 6 ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors CountA of Fresno,Atate of California By Deputy Organization: County of Fresno Address Signature: 2281 Tulare Street, Room 301 Fresno, CA 93721 Phone Number: Name: 559-600-5000 Steve Brandau Primary Contact: Title: Chairman of the Board of Supervisors Bret Rush of the County of Fresno Email: Date: Districts@FresnoCountyCA.gov l g o217� Organization: Add ress Signature: Phone Number: Name: Primary Contact: Title: Email: Date: Organization: Address Signature: Phone Number: Name: Primary Contact: Title: Email: Date: 7 Organization: Address Signature: Phone Number: Name: Primary Contact: Title: Email: Date: 8