MEMORANDUM OF UNDERSTANDING

between

XYZ SOIL AND WATER CONSERVATION DISTRICT

and

ABC WATERSHED COUNCIL

 

PURPOSE

This Memorandum of Understanding (MOU) is to define the roles and working relationships of the XYZ Soil and Water Conservation District (District) and the ABC Watershed Council (Council) as they work collaboratively to support watershed improvement activities in the Willamette Basin. Work activities include public education/outreach, watershed assessment and action planning, conservation planning with individuals, water quality monitoring and project design and implementation of watershed restoration projects. The Parties will proceed with a voluntary, locally driven, and non-regulatory approach to improve the health of the watershed. This MOU will facilitate efficiencies to maximize watershed improvements with the limited resources and staff available. Roles and responsibilities are defined herein but these lists are not exclusive of other activities individual entities may wish to undertake.

BACKGROUND AND AUTHORITIES

The area covered by this MOU is generally described as that portion of XYZ County, Oregon that drains into the ABC River Basin and a portion of the City of Acacia.

XYZ Soil and Water Conservation District has been organized and chartered in the State of Oregon since 1946. The District is a legal subdivision of state government lead by an elected Board of Directors, formed under the authority as defined in ORS190.420 and ORS568.225. The District has the authority and responsibility to assist landowners and agencies with resource problems through direct planning and on-the-ground implementation with resource owners and managers.

Authorities for the formation of watershed councils were adopted in 1993 under SB 2251, and are contained in ORS 541.350. Watershed councils are voluntary local organizations recognized by county or city government to address the goal of sustaining natural resources, watershed protection and enhancement within a watershed.

The ABC Watershed Council was first organized in 1995 and formally chartered and recognized by the commissioners of XYZ County in 1996. The ABC Watershed encompasses an area of approximately 1,050 square miles.

COMMON VISION

Improving watershed health and community stewardship in the ABC River Watershed through collaboration.

ROLES AND RESPONSIBILITIES

THE PARTIES MUTUALLY AGREE:

THE DISTRICT WILL:

  1. Serve as a fiscal agent and contracting agency for restoration projects (covered by Oregon Tort Claims Act General Comprehensive General Liability Insurance) as desired by Board.
  2. Provide technical assistance to private landowners for conservation planning, project design, implementation and follow-up including maintenance and monitoring, when available.
  3. Respond to landowner referrals for technical assistance from the watershed councils, as staff and resources allow.
  4. Provide county-wide representation through an elected board of directors and act as a liaison between landowners and government.
  5. Provide recognition of individual contributions to conservation such as Teacher of the Year, Cooperator of the Year, Poster Contests, etc.
  6. Assist Watershed Council with technical and other support, as requested, in the preparation and maintenance of Watershed Restoration/Improvement Plans according to State and Federal Guidelines as resources allow.
  7. Conduct education and public awareness activities to promote watershed health, as resources allow.
  8. Serve as the employer for a Watershed Coordinator, administer payroll and reporting, subject to available funding for that position. May also serve as employer for other Council positions contingent upon available funding.
  9. May serve as administrator for grants and other sources of funding for the Council. An administrative fee of 10% of the total grant amount will be charged on all funds managed for the Council by the District.
  10. Provide office space, equipment, supplies as available and as described in the Operational Agreement between NRCS and the District.
  11. Provide employee supervision and oversight including guidance and supervision.
  12. Provide quarterly financial reports and annual personnel reviews.
  13. Provide technical assistance to Council and its Coordinator when available.

THE COUNCIL WILL:

  1. Identify water quality limiting factors and devise a plan for improving the watershed.
  2. Lead and involve local citizens in watershed assessments and watershed action plans.
  3. Lead and coordinate water quality monitoring on a watershed, or sub-watershed basis.
  4. Involve a diverse citizenry in watershed health issues at the local, grass-roots level.
  5. Provide networking among landowners and land managers.
  6. Prioritize projects and determine program goals.
  7. Serve as a forum for conflict resolution and the building of community, trust and partnerships.
  8. Act as an advisory body to decision-makers (City, County, State, Federal & Legislature) as deemed appropriate.
  9. Provide input for the District's Annual Plan of Work.
  10. Perform maintenance and monitoring on completed restoration projects.
  11. Prepare and maintain Watershed Restoration/Improvement Plans in accordance with State and Federal guidelines.
  12. Conduct restoration projects with a wide variety of partners, especially, but not exclusively, the SWCD.
  13. Provide two members to assist the District Personnel Committee with the Coordinator's performance appraisal, salary recommendations, and oversight.
  14. Provide recommendations for training plans, work priorities and other employee issues.
  15. Conduct education and public awareness activities to promote watershed health, as resources allow.
  16. Meet or exceed the terms of agreement in the Operational Agreement between the District, the Council, and NRCS.
  17. Assume responsibility for acquiring funding.

DURATION

This MOU becomes effective upon signature by all parties and can be modified or terminated at any time by mutual consent of all parties. Either party may terminate their involvement by giving 60 days written notice to the other party. (See appendix for current contact list)

The signatories will evaluate annually whether this MOU should be amended or expanded to meet the needs of all parties.

 

SIGNED:

 


XYZ Soil and Water Conservation District                                                                                                       Date

 


ABC Watershed Council                                                                                                                                 Date

 

All programs and services of the XYZ Soil and Water Conservation District are offered on a non-discriminatory basis without regard to race, color, national origin, religion, gender, marital status, or disability.

 

APPENDIX

CONTACT LIST

, President

ABC Watershed Council

ABC Ln

City, OR 97200

(503)

, Treasurer

ABC Watershed Council

ABC Street SE

City, OR 97200

(503)

, Chair

XYZ SWCD

ABC Rd

City, OR 97300

(541)

, Vice-Chair

XYZ SWCD

HWY ABC

City, OR 97300

(541)