prba_mou - Pascagoula River Audubon Center

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PASCAGOULA RIVER BASIN ALLIANCE
MEMORANDUM OF UNDERSTANDING
Rev. 5/10/10
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MEMORANDUM OF UNDERSTANDING
AMONG
Citizen Representative from Pascagoula River
Citizen Representative from Escatawpa River
Citizen Representative Chickasawhay River
Citizen Representative Leaf River
Audubon Mississippi
Chevron Pascagoula Refinery
Coastal Rivers
Land Trust for the Mississippi Coastal Plain
Mississippi Association of Supervisors
Mississippi Coastal Preserves Program - Mississippi Department of Marine Resources &
Mississippi Secretary of State
Mississippi Gulf Coast Community College Estuarine Education Center
Pascagoula River Wildlife Management Area - Mississippi Department of Wildlife,
Fisheries & Parks
Mississippi Power Company
Mississippi State University Extension Service
Mississippi Wildlife Federation
Pat Harrison Waterway District
The Nature Conservancy, Mississippi Chapter
Natural Capital Development
Department of Biological Sciences - University of Southern Mississippi
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This Memorandum of Understanding, hereinafter referred to as the "MOU", among the signatory
members of the Steering Committee for the Pascagoula River Basin Alliance, hereinafter
referred to as "the Alliance", to facilitate the cooperation of the parties in efforts to promote the
ecological, economic and cultural health and viability of the Pascagoula, Leaf, Chickasawhay,
and Escatawpa Rivers and their watersheds by fostering research, communication, and action.
This agreement provides for the limited sharing of personnel, information, and funds to obtain
this goal.
WITNESSETH:
WHEREAS, the Pascagoula River Basin is a world-class natural resource, the largest unimpeded
major river system in the lower 48 states; and
WHEREAS, the Pascagoula River Basin has significant ecosystems - bottomland forests,
longleaf pine uplands, fragile marshes, wet-pine savannas and aquatic habitats - that support
common and uncommon wildlife; and
WHEREAS, the watershed is an archetype of the Native American landscape; and
WHEREAS, the agencies and organizations named as Steering Committee above have a vested
interest in the preservation of the diversity of life in the Pascagoula River Basin; and
WHEREAS, The Alliance is a diverse group of stakeholders, including individuals, non-profit
organizations, industries, and government agencies; and
WHEREAS, the Alliance will promote conservation of naturally functioning ecosystems; foster
new scientific research for a greater understanding of natural processes; encourage public
enjoyment and understanding of natural resources and their values; work with communities to
explore opportunities for sustainable economic growth; support local communities in their efforts
to manage growth; work with local industries to balance resource needs and resource protection;
and
WHEREAS, the Alliance will work to build a broad constituency for stewardship of the river
basin; engage policymakers who have influence; and tell the wonderful story of the Pascagoula;
and
WHEREAS, the Alliance has agreed to help protect the Pascagoula River system through
education, advocacy, and stewardship and by working to ensure that money for conservation,
education and research is spent wisely and efficiently; and that there is broad support for
significant public actions taken in the Pascagoula River Basin;
Now, therefore let it be known that the undersigned, or their designated representatives (Steering
Committee) have formed the Pascagoula River Basin Alliance, whose mission is to promote the
ecological, economic and cultural health and viability of the Pascagoula, Leaf, Chickasawhay,
and Escatawpa Rivers and their watersheds by fostering research, communication, and action.
Steering Committee members shall meet regularly, at least quarterly, to discuss and approve
actions designed to achieve mission success; and to solicit funding for agreed actions.
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Members of the Steering Committee shall attend, or send a designated representative, to all
regularly scheduled meetings and participate to the fullest extent possible in a spirit of
cooperation and good will. The Committee shall be capped at a maximum of twenty voting
members. A quorum shall be considered a minimum of one third of Steering Committee
members of full voting status. Voting members who miss repetitive meetings risk losing their
voting status at the discretion of the Steering Committee. New member organizations may be
added by consensus vote, as openings become available.
Decisions of the Steering Committee will be made by consensus, rather than majority vote. [See
Attached document for definition of consensus, "Consensus Decision-making", from Building
United Judgment, published by the Center for Conflict Resolution.]
The Steering Committee shall select by consensus a Chairperson, a Co-Chairperson and a
Secretary, who will serve for a one-year term. Officers will be recognized as having been in
regular attendance during the previous year. The Chairperson and Co-Chairperson will conduct
meetings, and ensure that meeting minutes and attendance are recorded by the Secretary and
approved by the Steering Committee. The Officers will represent the Alliance with the media
and political bodies, The Secretary shall ensure minutes are kept for each Alliance meeting and
that these minutes are available for review and approval at the following meeting. The Officers
and the Steering Committee members will at all times represent the consensus decisions made by
the Steering Committee.
The mission of the Alliance may be carried out through the following:
1. Sharing of resources: All or some of the parties, as occasion demands, may enter into
specific agreements for the sharing of information, funds, purchasing of supplies, and other
matters pertaining to the general purposes of management agreed upon by consensus of the
Steering Committee;
2. Specific agreements and working plans: Individual projects considered by all or some of the
parties hereto to have mutual interest will be developed whenever deemed appropriate by the
involved parties;
3. Funding proposal: Proposals for funding individual projects or the collective efforts of the
Alliance will be developed by the Steering Committee;
4. Production and dissemination of technical information to other agencies, organizations or
individuals that wish to assist with the mission of the Alliance: Whoever produces the
information retains the rights to their property, but the Alliance has the right to distribute the
information upon approval of the owner of the information. Technical information produced
by the Alliance shall be available to anyone or any entity upon request, free or on a cost
reimbursable basis as necessary;
5. Education and public awareness: The Alliance may disseminate information through printed
materials, presentations, demonstration areas or projects, or the media;
6. Regular meetings: The Alliance Steering Committee will hold at least four meetings per year
and more often as required to discuss actions. The Steering Committee will keep written
records of attendance and actions taken under this MOU. The Alliance at large will strive to
hold an annual meeting, preferably near the anniversary date of late September;
7. Making this MOU effective as of the date it is executed or revised and sustaining its
effectiveness as long as required by the Steering Committee.
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Nothing in this agreement shall be construed to place a financial commitment upon any of the
parties. Actions taken and funds expended to implement this agreement are contingent upon
appropriations, priorities, and other constraints. Under circumstances where funds are to be
transferred, any obligation of funds will be done under a specific agreement, such as a separate
contract, purchase order, grant or cooperative agreement.
No member or delegate to congress or resident commissioner, or any officer, employee, special
government employee, agent of the signatory parties or any party involved in this agreement
shall be admitted to any benefit that may arise from this agreement, but this provision shall not
be construed to extend to a corporation or unit of government contracting for its or the public's
general benefit.
This MOU is made upon the express condition that the signatory parties, their agencies, and
employees, shall be free from all liabilities and claims for damages and/or suits for or by reason
of any injury to any person or property of any kind whatsoever, whether to the person or property
of the signatory parties, their agencies, employees, or third parties, from any cause or causes
whatsoever arising from any activities conducted pursuant to this MOU.
In the performance of this MOU, employees or agents of each organization are not to be
considered employees or agents of another organization nor of the Alliance, and each
organization will be responsible in all respects for the acts and omissions of its own employees,
contractors, volunteers, members, agents, and guests.
This MOU is entered into pursuant and subject to all applicable federal, state, and local laws.
This MOU is not entered into in the interest of obtaining advice or recommendations for any
office or agency of the federal government and nothing herein shall be construed, nor is intended
to state or imply, that the MOU establishes a federal advisory committee or such that the Federal
Advisory Committee Act shall apply.
This MOU may be amended by mutual agreement of all parties hereto. It may be subject to
amendments, or as otherwise becomes necessary, which outline projects to be accomplished.
A signatory party may terminate its participation in this agreement upon written notice to all
parties with 30 days notice.
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Steering Committee signatures. Authorized signatories of organization and their designated
Steering Committee representative:
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