Common use of JOINT POWERS Clause in Contracts

JOINT POWERS. A. SDDA and SDSU agree to the following provisions pursuant to the Joint Powers Act (SDCL 1-24): 1. This Agreement does not establish a separate legal entity as contemplated by SDCL 1-24-5. The cooperative undertaking described herein will be financed and conducted under the provisions of this agreement by SDDA and SDSU respectively. Each party has responsibilities under the terms of this Agreement and no joint board or joint administrator will be used. Purchase and maintenance of equipment used to fulfill the agreement will be undertaken by the respective agencies as described herein. No real property will be purchased to use for this Agreement. 2. A copy of this Agreement will be filed by SDDA, with the Attorney General and the Legislative Research Council not more than 14 days after execution as required by SDCL 1- 24-6.1 3. Financing required by this agreement will come from regular annual budgets 4. All parties must comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 U.S.C. 2000d) and, in accordance with Title VI of that act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 5. Nothing in this Agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third person for property loss, or damage, or death, or personal injury arising out of the performance of this Agreement. Any liabilities or claims for property loss, or death, or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during this agreement shall be determined according to applicable law. In Witness Whereof, the parties signify their agreement effective the date above first written by the signatures affixed below.

JOINT POWERS. A. The SDDA and SDSU CITY agree to the following provisions pursuant to the Joint Powers Act (SDCL 1-24): 1. This Agreement does not establish a separate legal entity as contemplated by SDCL 1-24-5. The cooperative undertaking described herein will be financed and conducted under the provisions of this agreement by the SDDA and SDSU CITY respectively. Each party has responsibilities under the terms of this Agreement and no joint board or joint administrator will be used. Purchase and maintenance of equipment used to fulfill the agreement will be undertaken by the respective agencies as described herein. No real property will be purchased to use for this Agreement. 2. A copy of this Agreement will be filed by SDDAthe CITY, with the Attorney General and the Legislative Research Council not more than 14 days after execution as required by SDCL 1- 1-24-6.1 3. Financing required by this agreement will come from regular annual budgetsbudgets of the South Dakota Department of Agriculture. 4. This agreement may be terminated by either party upon thirty (30) days written notice without cause. 5. All parties must comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 U.S.C. 2000d) and, in accordance with Title VI of that act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 5. Nothing in this Agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third person for property loss, or damage, or death, or personal injury arising out of the performance of this Agreement. Any liabilities or claims for property loss, or death, or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during this agreement shall be determined according to applicable law. In Witness Whereof, the parties signify their agreement effective the date above first written by the signatures affixed below.. SDDA CITY BY: BY:

JOINT POWERS. A. SDDA and SDSU agree to the following provisions pursuant to the Joint Powers Act (SDCL 1-24): 1. This Agreement does not establish a separate legal entity as contemplated by SDCL 1-24-5. The cooperative undertaking described herein will be financed and conducted under the provisions of this agreement by SDDA and SDSU respectively. Each party has responsibilities under the terms of this Agreement and no joint board or joint administrator will be used. Purchase and maintenance of equipment used to fulfill the agreement will be undertaken by the respective agencies as described herein. No real property will be purchased to use for this Agreement. 2. A copy of this Agreement will be filed by SDDA, with the Attorney General and the Legislative Research Council not more than 14 days after execution as required by SDCL 1- 1-24-6.1 3. Financing required by this agreement will come from regular annual budgets. 4. This agreement may be terminated by either party upon thirty (30) days written notice without cause. 5. All parties must comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-88- 352, 42 U.S.C. 2000d) and, in accordance with Title VI of that act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 56. Nothing in this Agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third person for property loss, or damage, or death, or personal injury arising out of the performance of this Agreement. Any liabilities or claims for property loss, or death, or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during this agreement shall be determined according to applicable law. In Witness Whereof, the parties signify their agreement effective the date above first written by the signatures affixed below. SDDA BY: Date: ▇▇▇▇▇▇▇ ▇▇▇▇▇, Director SDSU AND BY: Date: ▇▇▇▇▇ ▇▇▇▇▇▇▇, Department Secretary BY: Date: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Associate VP Research Assurance and Sponsored Programs -State Agency Coding (MSA Center) 0322400. - State Agency MSA Company for which contract will be paid 2019. -Object/subobject MSA account to which voucher will be coded ▇▇▇▇▇▇▇. -Name and phone number of contact person in State Agency who can provide additional information regarding this contract ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇-▇▇▇-▇▇▇▇. -Federal grant funding source: 15-DG-11020000-043 MOD #1 1Forest Health, South Dakota Department of Agriculture/ Extension Forestry, South Dakota State University; 2Forest Health Leader, USDA Forest Service Introduction The mountain pine beetle (Dendroctonus ponderosae ▇▇▇▇▇▇▇, Coleoptera: Curculiondae, Scolytinae) is a bark beetle native to western North America and its distribution encompasses the Black Hills of South Dakota and Wyoming (Wood 1982). The Black Hills is a forested refuge on the Northern Plains and covers almost 16,000 km2 of land. This forest is dominated by a single tree species, ponderosa pine (Pinus ponderosa Dougl. ex Law). There is almost 480,000 ha of ponderosa pine in the Black Hills (Riva 2009) and it occurs on all elevations and aspects. The two major disturbance agents of ponderosa pine in the Black Hills are fire and mountain pine beetle. The Black Hills of western South Dakota has and mountain pine beetle epidemics have been recorded there since the 1890s, each lasting 10 years or longer (▇▇▇▇▇▇▇ 1986). Ponderosa pine stand morality from mountain pine beetle can be 50 percent or greater during these epidemics (▇▇▇▇▇▇▇▇▇▇▇ et al. 1982). The current mountain pine beetle infestation in the Black Hills began in late 1990s. It became an epidemic in the 2000s and now appears to be static or declining in many areas of the Black Hills (▇▇▇▇▇▇ et al. 2014). As the current epidemic subsides, there is a critical need to evaluate the direct and indirect actions, also referred to as controls, which were conducted to manage the beetle. An array of direct and indirect actions were utilized throughout western North American to manage the mountain pine beetle during this latest epidemic. Direct actions are those employed to reduce or eliminate beetle populations (▇▇▇▇▇▇▇ et al. 2006), while indirect actions are aimed at manipulating stand conditions to reduce the susceptibility to an infestation (▇▇▇▇▇▇ et al. 2006). The objective of direct actions are to kill the beetles before they emerge as adults with the intent to reduce their population to an endemic state (Shore and Safranyik 2004). Direct actions include removal of infested trees (Fall et al. 2004), pheromone-baited trees (Thomson 1991), and solar treatments (Ball and ▇▇▇▇▇▇▇ 2013, ▇▇▇▇▇▇ et al. 2001). Indirect action center on reducing the density of stands and their susceptibility to mountain pine beetle (Fettig et al. 2007). The reduced success of beetle in thinned stands may be due to enhanced vitality among the residual trees (Waring and ▇▇▇▇▇▇ 1985) or microclimate alterations that influence beetle mass attacks success due to changes in flight behavior and semiochemical movement (▇▇▇▇▇▇ and Amman 1989, Thistle et al. 2004). A combination of direct and indirect actions are recommended when infestation are widespread (Hall 2004). However, at a fine spatial scale, there has been little research examining the efficacy of these widely used treatment strategies. Few studies that have assessed the efficacy of bark beetle management and assessed their costs and benefits (Six et al. 2014). A wide array of mountain pine beetle management actions have taken place across the Black Hills during the course of this epidemic from indirect, thinnings, to direct such as sanitation harvests to solar treatments. There is no better example of the application of these direct and indirect actions than ▇▇▇▇▇▇ State Park located in the southern Black Hills of South Dakota. Custer State Park is located in the southern Black Hills of South Dakota approximately 55 km south of Rapid City, SD. The 960 ha northwestern corner of Custer State Park, known as the Needles, experienced an incipient-epidemic mountain pine beetle population transitioning to an epidemic population by the early 2000s. During this epidemic indirect actions, thinnings, have been conducted to reduce stand susceptibility as well as direct actions, sanitation harvests and solar treatments. In addition, semiochemcials have been employed with aggregation pheromones used as barrier and grid baiting as well as lethal baiting. Anti-aggregation pheromones have been used to protect the relic limber pine (Pinus flexilis ▇▇▇▇▇) stands along Cathedral ▇▇▇▇▇▇. High-value trees in campgrounds and near resort buildings have been treated with carbaryl or permethrin to protect individual trees from successful attack. What makes Custer State Park an ideal site to evaluate the efficacy of mountain pine beetle treatments is it borders the ▇▇▇▇▇▇▇ Wildlife Preserve, including the Black Elk Wilderness Area in which no actions were implemented during the epidemic. There were many similarities between the stand conditions on each side of this boundary before the epidemic began with each dominated by ponderosa pines with the majority of these stands in structural stage IV. However, now almost 14 years later, the appearance between the two forests is very striking. The Sylvan Unit at the northwest corner of Custer State Park is approximately 1,100 ha and the border on three sides is the Wilderness Area. The ponderosa pine mortality from mountain pine beetle in the Black Elk Wilderness Area is nearly 100 percent (▇▇▇▇▇ and Long 2008) while within the Sylvan Unit the accumulated mortality from mountain pine beetle over the 14 year period is slightly less than 25 percent. The pine mortality due to mountain pine beetle is even lower in the main body of the Park, generally less than 10 percent, along the western and northern portions of the Park that border the ▇▇▇▇▇▇▇.

JOINT POWERS. A. The SDDA and SDSU agree to the following provisions pursuant to the Joint Powers Act (SDCL 1-24): 1. This Agreement does not establish a separate legal entity as contemplated by SDCL 1-24-5. The cooperative undertaking described herein will be financed and conducted under the provisions of this agreement by the SDDA and SDSU respectively. Each party has responsibilities under the terms of this Agreement and no joint board or joint administrator will be used. Purchase and maintenance of equipment used to fulfill the agreement will be undertaken by the respective agencies as described herein. No real property will be purchased to use for this Agreement. 2. A copy of this Agreement will be filed by the SDDA, with the Attorney General and the Legislative Research Council not more than 14 days after execution as required by SDCL 1- 1-24-6.1 3. Financing required by this agreement Agreement will come from regular annual budgets. 4. All parties must comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-88- 352, 42 U.S.C. 2000d) and, in accordance with Title VI of that act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 5. Nothing in this Agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third person for property loss, or damage, or death, or personal injury arising out of the performance of this Agreement. Any liabilities or claims for property loss, or death, or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during this agreement shall be determined according to applicable law. In Witness Whereof, the parties signify their agreement effective the date above first written by the signatures affixed below.. SDDA BY: Date: ▇▇▇▇ ▇▇▇▇▇▇▇, Secretary SDSU AND BY: Date: ▇▇▇▇▇▇▇ ▇▇▇▇▇, Division Director