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I. GOALS
The goal of this Memorandum of Understanding (MOU) is to establish the Clark County Air
Quality Forum, hereafter designated as the Air Forum. The purpose of the Air Forum is to
support the protection of human health and the environment and to preserve and improve
the air quality of Clark County. To meet this goal, the signatories agree to cooperatively
and openly:
* Identify and discuss issues regarding the air quality of Clark County.
* Use the Air Forum to build consensus and share information.
* Coordinate study efforts, provide technical updates and disseminate information to
the public.
* Formulate further research which may be necessary.
* Serve as a clearinghouse on air quality issues and provide peer review.
* Enhance the public input process regarding air quality issues by providing a
collaborative forum.
The signatories to this MOU intend that these objectives be achieved through a proactive
and cooperative effort to identify and resolve air quality issues in Clark County.
II. PARTICIPATION AND REGULATORY RESPONSIBILITIES
The signatories to this MOU recognize that the statutory and regulatory responsibilities of participating agencies cannot be delegated. The Air Forum shall not supplant any regulatory authority related to the protection of air quality.
Signatories who are representing public entities governed by elected or appointed boards are participating in the Air Forum in the spirit of supporting the goals of the Air Forum. It is recognized that where their public body has adopted a position, policy or practice on a particular issue, the representative of that body will represent that adopted position to the Air Forum. In the absence of a board adopted position, policy or practice, these members will offer their individual opinions as knowledgeable professionals.
III. PURPOSE
The signatories recognize that there are a number of complex issues regarding the air quality of Clark County. Many of these issues are interrelated. To maximize the effectiveness of the limited resources dedicated to air quality, it is imperative that efforts be coordinated among the federal, state and local agencies that have a role in the air quality of Clark County. The members recognize that studies and investigations should be coordinated to ensure the application of sound science, to avoid duplication of efforts, to make the most effective use of taxpayer funds and to ensure that data and information is shared with all that have an interest in air quality. All of these tasks are undertaken for the purpose of improving air quality in Clark County, Nevada.
IV. APPROACH
In the interest of meeting the purpose and goals of the Air Forum, the signatories to this MOU agree to openly and constructively discuss priorities, develop approaches and share information and data pertaining to air quality in Clark County. It is recognized that participating agencies and entities may possess information related to air quality that is protected as proprietary or confidential. This agreement does not establish requirements or expectations that such protected information be made available to the Air Forum or the public. Data that has not been verified or not fully quality controlled or quality assured may be deemed provisional and made available marked as such or furnished at a later date after verification. Air Forum members agree, to the extent practicable, to present the results of investigations, studies and other air quality activities to the Air Forum prior to the general release or publication of the information. All information provided to the Air Forum shall be made available to the public on request.
The Air Forum shall assist agencies with statutory and regulatory responsibilities in identifying the air quality problems associated with activities within Clark County and establishing short-term goals and associated work output milestones to address those issues. The Air Forum shall also estimate the resources necessary to further evaluate and study those problems and assist in securing needed resources.
The Air Forum may create subcommittees for the purpose of focusing on technical matters and/or public outreach issues. With majority concurrence of the signatories, such subcommittees may be comprised of representatives designated by the participating members. The purpose and function of such subcommittees shall be clearly defined, in writing, by the Air Forum.
The Air Forum shall meet at least once every 3 months, or more frequently at the discretion of the Air Forum chairperson.
The minutes, decisions and findings of each meeting shall be documented and made available to each member, all attendees and interested members of the general public.
V. CONSISTENCY WITH APPLICABLE LAW
This MOU is subject to all applicable federal, state, and local laws and nothing shall be construed to alter, amend or affect existing laws. During the term of this MOU, if any signatory does not concur with the purpose or approach of the Air Forum, they may terminate their participation in this MOU upon 5 days written notice to the other signatories. Termination by individual parties will not terminate this MOU, which will continue to apply with respect to the remaining parties.
VI. EFFECTIVE DATE, DURATION AND MODIFICATIONS
This MOU is effective upon date of execution by the signatories and, unless extended as provided in this section, will remain in effect for a period of five (5) years.
The signatories may, by consensus, amend or extend this MOU if they believe it necessary and beneficial.
The bylaws of the Air Forum are attached to this MOU as attachment A and are agreed to by the signatories.
VII. EQUAL OPPORTUNITY STATEMENT
The Clark County Air Quality Forum shall prohibit discrimination on the basis of race, color, national origin, sex, religion, age disability, political beliefs and marital or familial status.
VIII. SIGNATORIES
Click here to download this MOU in Word 2000 format.
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