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Mou/Moa - 2016 - Idaho Firewise / - 8/10/2016ORIGJrAL 50AN"E° MEMORANDUM OF UNDERSTANDING BETWEEN IDAHO FIREWISE AND CITY OF EAGLE I. This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between Idaho Firewise (hereafter referred to as IDFW), and the City of Eagle. This MOU serves to clarify the relationship between the two entities, hereafter referred to as the "Parties." WHEREAS, Idaho Firewise is a non-profit organization whose mission is to serve and educate the public, including the value of landscaping for fire protection. WHEREAS, the Parties wish to work cooperatively to achieve their mutual goals and, in furtherance thereof, the Parties desire to enter into this MOU to outline their roles and responsibilities in the management of the Firewise Demonstration Garden, whose detailed size and location is as follows: Approximately 500 square feet in size located on City of Eagle's Ada/Eagle Sports Complex PAR #0146 AT W SIDE LOT 1 BLK 1HIDDEN HOLLOW SUB POR R/S 9645 3151 E. GREENBROOK STREET EAGLE, ID 83616. II. All parties recognize a shared value in the continued research and testing of Firewise plant species suitability for Idaho and providing a demonstration garden in an aesthetically pleasing Firewise Landscape design, in addition to providing public education and access to the garden. This MOU recognizes the effectiveness of each organization's programs, to achieve greater access to different technical aspects of firewise horticultural attributes that have applicability to wildland settings. III. Roles and Responsibilities A. Idaho Firewise roles and responsibilities include: 1. Coordinate with City of Eagle on plant materials utilized in the Firewise Garden. 2. Confer with City of Eagle key personnel to ensure efforts meet both the educational goals of the City of Eagle and those of IDFW. 3. Provide educational materials such as brochures, kiosks and species identification signage appropriate for the public in the Firewise Demonstration Garden as funding allows. 4. Provide Firewise plant material, as availability and funding allows. 5. Provide species data sheet to be used for annual species performance evaluations. 1 Pin. 6. Provide Firewise plant species performance evaluation criteria. 7. Provide maintenance consultations for guidelines on best horticultural practices. B. City of Eagle roles and responsibilities include: 1. Provide documentation of land ownership or lease agreement(s). 2. Coordinate educational events within the Firewise Demonstration Garden, which coincide with the goals of IDFW. 3. Allow use of the Firewise Demonstration Garden for structured learning experiences by IDFW personnel and official volunteers. 4. Maintain the Firewise Demonstration Garden with a high degree of best horticultural practices. 5. Perform annual species performance evaluation. 6. Provide IDFW with annual update on species data sheet. 7. Coordinate with IDFW for the replacement of poor performing species and trial of new species. C. The joint roles and responsibilities of the Parties include: 1. Distribution of Firewise Landscaping educational material and information. 2. Utilize the garden for educational events. 3. Share information from ongoing species evaluations and maintained data sheet. 4. Utilize each party's personnel and expertise to achieve respective goals. IV. Funding A. This MOU shall not obligate any partner to expend funds or involve the agencies in any contract or other obligations for the payment of money. B. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the agencies to this MOU will be handled in accordance with applicable laws, regulations and procedures including those for Government procurement and printing. This MOU does not establish authority for noncompetitive awards to the cooperator of any contract or other agreement. Any contract or agreement for other services must fully comply with all applicable requirements for competition. V. Compliance with Applicable Laws and Regulations; Severability Clause This MOU is subject to all applicable Federal laws, regulations and rules, whether now in force or hereafter enacted or promulgated. Nothing in this MOU shall be construed as in any way impairing the general powers of IDFW under such applicable laws, regulations, and rules. If any term or provision of this MOU is held to be invalid or illegal, such term or provision shall not affect the validity or enforceability of the remaining terms and provisions. Meeting the terms of this MOU shall not excuse any failure to comply with all applicable laws and regulations, whether or not these laws and regulations are specifically listed herein. 2 VII. Term, Amendments, and Termination A. Term of MOU: 1. This MOU becomes effective upon the date last signed and executed by the duly authorized representative of the Parties to this MOU. 2. This MOU shall remain in effect for five (5) years from the execution date unless terminated, extended, or cancelled prior to the expiration date. B. Amendments: 1. The Parties may request changes to this MOU, which shall be effective only upon the written agreement of all Parties. 2. Any changes, modification, revisions, or amendments to this MOU shall be incorporated by written instrument, executed and signed by all Parties, and will be effective in accordance with the terms and conditions contained herein. C. Termination: 1. This MOU may be unilaterally terminated at any time by any one of its participants, following at least 30 days written notice to the other participants. 3 VIII. Signatures A. All signatories have the appropriate delegation of authority to sign this MOU. B. The Parties hereto have executed this MOU on the dates shown below. IDAHO FIREWISE By: Name: Title: xecutive Director Address: PO Box 8234 Moscow. ID 83843 ickinson Dated: X L.5 / 6o City of Eagle By: 7-2Dated: �r -1 /6 Name: Stan Ridgeway Title: Mayor Address: 660 E. Civic lane. Eagle. ID 83616 Attachments: Exhibit A Exhibit B 4 Exhibit A The principal contacts for this MOU are: Idaho Firewise Executive Director Ivy Dickinson PO Box 8234 Moscow, ID 83843 208-310-7472 ivy®idahofirewise.org City of Eagle Parks and Recreation Director Mike Aho 660 E. Civic Lane Eagle, ID 83616 208-489-8763 maho®cityofeagle.org Exbibit B ...22t • • 117 : :,_ ....4E.::,.,./Fc j......:.,..... 1 ';• . Ll. ; ,..,,,,a# ' , . . -rii;c•-. v. , . - -- , r=:., ' - ' • - ---' ''' "'- - • . A - - , ''=;-'er..,, 1--eil... c''.1.4"'... • ' • OL)