OTHER CONSIDERATIONS AS APPROPRIATE Clause Samples

The 'Other Considerations as Appropriate' clause serves as a catch-all provision that allows parties to address additional issues or requirements not specifically covered elsewhere in the agreement. In practice, this clause can be used to include miscellaneous terms, such as compliance with future regulations, special reporting obligations, or unique project-specific needs that may arise. Its core function is to provide flexibility and ensure that the contract can accommodate unforeseen circumstances or address matters that do not fit neatly into standard sections, thereby reducing the risk of omissions and enhancing the overall comprehensiveness of the agreement.
OTHER CONSIDERATIONS AS APPROPRIATE. 7.1 Public Hearing Process
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OTHER CONSIDERATIONS AS APPROPRIATE. Public Hearing Process‌‌ No public hearing is required for this project. A CE/CE has been provided as the environmental document. State departments of transportation are bound by law to consider the needs of residents with low incomes, communities of color, people with limited English proficiency, seniors, the disabled, and other communities and individuals when developing transportation plans. Caltrans acknowledges that communities of color and underserved communities have experienced fewer benefits and a greater share of negative impacts associated with our State Transportation System. Some of these disparities reflect a history of transportation decision- making, policy, processes, planning, design, and construction that quite literally put up barriers, divided communities, and amplified racial inequities, particularly in our Black and Brown neighborhoods. Caltrans recognizes its leadership role and unique responsibility to eliminate barriers and provide more equitable transportation for all Californians. This understanding is the foundation for intentional decision-making that recognizes past, stops current, and prevents future ▇▇▇▇▇ from its actions. Furthermore, Caltrans is developing public outreach methodologies for increasing participation by disadvantaged community members and local community-based organizations to ensure that they have a voice on projects affecting those communities. There was no Community Impact Assessment prepared because this CAPM project does not create significant impacts to the public or specific communities.
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OTHER CONSIDERATIONS AS APPROPRIATE. Public Hearing Process‌ No public meeting was required as part of the environmental process. A Community Impact Assessment report was completed, and letters were sent to community members adjacent to the project affected by the lighting. Also, letters were sent to the city of El Cerrito and the city Richmond to keep the locals informed about the project. The City of Richmond had no comment; the City of El Cerrito has not yet replied. Changes to the current freeway agreements are not anticipated, as the project will not change freeway access. The current freeway agreements are still valid. The project will not require any route adoptions. Relinquishments Relinquishments are not anticipated as part of the project.
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OTHER CONSIDERATIONS AS APPROPRIATE. ‌ Public Hearing Process‌ An opportunity for a public hearing was offered for the recommended project proposal. A Public Notice was issued for a public review from July 17th to August 17th, 2020. There was no request made by the public or the project stakeholders for a formal public hearing to be held. Route Matters: Not applicable‌ Permits:‌ The following permits are needed for the proposed project • USACE, Clean Water Act Section 404, Nationwide Permit • CDFW, Section 1602, Lake or Streambed Alternation Agreement • RWQCB, 401 Water Quality Certification Cooperative Agreements‌ There are no formal cooperative agreements identified at this stage of project development. Other Agreements‌ The KDWD irrigation canals/ditches predate SR 119 (▇▇▇▇ highway). There are no known records of any common/joint use agreements, except for the ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ Ditch where there is a Utility Agreement (UA No. 06-1455.31) and a Consent to Common Use Agreement (CCUA Nos 06-1455.33-1 & 06-1455-31-2). Prior to any work within the KDWD rights-of-way, Caltrans will need to enter a joint use/common use agreement and coordinate the timing of the proposed construction work along these canals.
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OTHER CONSIDERATIONS AS APPROPRIATE. Public Hearing Process The California Department of Transportation (Caltrans), District 10, held a Public Hearing on Thursday, September 7, 2017, for the North County Corridor Project ▇▇▇▇▇ Road to SR 120 (New State Route 108). The objective of the Project is to ultimately build a west-east expressway that will improve regional network circulation, relieve existing traffic congestion, reduce traffic delays, accommodate future traffic, and benefit commerce. The Public Hearing was held from 4:00 p.m. to 8:00 p.m. in the ▇▇▇▇ ▇▇▇▇▇▇▇ Center in Oakdale, California. The Public Hearing provided members of the public and other interested parties an opportunity to learn more about what is being planned and to comment on the Draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS) and Draft Section 4(f) De Minimis Finding for the project. Copies of the documents were available at the hearing for review. The Public Hearing was publicized through a jumbo postcard invitation sent by first-class U.S. mail, public notices (advertisements) in local newspapers, and a news release to print and broadcast mainstream and alternative media that serve the project area. Three hundred five persons were signed in at the Public Hearing and provided a print program for the evening with a comment sheet. Attendees were also invited to dictate comments, if preferable. The Public Hearing was conducted in an open house format. Attendees were invited to sign in as they entered the Community Center and were then met by Caltrans, the local North County Corridor Transportation Expressway Authority (NCCTEA), and other engineering and environmental project team specialists who accompanied them through the extensive map displays and other information stations. Seventy comment sheets were submitted and 24 attendees dictated comments to the court reporters. Eight comment sheets and emailed comments were submitted subsequent to the Public Hearing.
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OTHER CONSIDERATIONS AS APPROPRIATE 
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Related to OTHER CONSIDERATIONS AS APPROPRIATE

  • Other Considerations A. Changes to an Approved Scope of Work: The Recipient shall notify FEMA and shall require a sub-recipient to notify it immediately when a sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Recipient Roles and Responsibilities, the Recipient shall immediately notify FEMA and require the sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, and any other consulting parties. Upon notification by the Recipient of a discovery, FEMA shall immediately notify the SHPO, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable Commonwealth statute(s), and protect the remains from any harm. Notify the SHPO within twenty- four (24) hours of identifying human remains. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effect(s) of the Undertaking, resolve adverse effect(s) if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Recipient and the sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be native to Puerto Rico, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. FEMA and the Recipient shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA and SHPO, following applicable federal guidelines (36 CFR Part 79). 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO and ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the sub-recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Recipient and shall require that the Recipient advise its sub-recipient in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the SHPO to determine if consultation is feasible. i. If after coordination with the SHPO, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the Recipient, SHPO and ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

  • Other Consideration As additional consideration, Purchaser shall also assume the Assumed Liabilities at the time of Closing.

  • General Considerations a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service. b. All analyses, data, documents, models, modeling, reports and tests performed or utilized by Vendor shall be made available to the Board upon request and shall be considered public records. c. Vendor is required to: (i) keep and maintain public records required by Board; (ii) upon request from Board’ s custodian of public records, provide Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a reasonable or as otherwise provided by law; (iii) ensure that public records that are exempt or, confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if Vendor does not transfer the records to Board; (iv) upon completion of this Agreement, transfer, at no cost, to Board all public records in possession of Vendor or keep and maintain public records required by Board. d. If Vendor transfers all public records to Board upon completion of this Agreement, Vendor shall destroy any duplicate public records that are exempt or, confidential and exempt, from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of this Agreement, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Board, upon request from Board’s custodian of public records, in a format that is compatible with the information technology systems of Board. e. Vendor shall keep all books, records, files, drawings, plans and other documentation, including all electronically stored items, which concern or relate to the services required hereunder (the “Records”), for a minimum of five (5) years from the date of expiration or suspension of this Agreement, or as otherwise required by any applicable law, whichever date is later. The Board shall have the right to order, inspect, and copy all the Records as often as it deems necessary during any such period-of-time. The right to audit, inspect, and copy Records shall include all of the records of sub-Vendors (if any). f. Vendor shall, at all times, comply with the Florida Public Records Law, the Florida Open Meeting Law and all other applicable laws, rules and regulations of the State of Florida. g. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS’ DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT ▇▇▇-▇▇▇-▇▇▇▇, Sumter County Board of County Commissioners, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, Wildwood, Florida 34785 or via email at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. h. Vendor shall, at all times, carry General Liability, and Worker’s Compensation Insurance pursuant to the insurance requirements in RFP ▇▇▇-▇-▇▇▇▇/JV, naming Board as both a certificate holder and an additional insured in each such policy. i. Upon Vendor’s written request, the Board will furnish, or cause to be furnished, such reports, studies, instruments, documents, and other information as Vendor and Board mutually deem necessary, and Vendor may rely upon same in performing the services required under this Agreement. j. Vendor is obligated by this agreement to comply with Section 20.055(5), Florida Statutes. k. Any entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsive contractor may not submit a bid.

  • Special Considerations The Provider position may be abolished at any time by the Collin County Commissioners Court.

  • Additional Considerations For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at ▇▇▇▇.▇▇▇.