Defense State Memorandum of Agreement

Unless otherwise provided in a site-specific agreement, this Agreement is the mechanism for paying the costs incurred by the State in providing the services listed in paragraph B of this Agreement with respect to activities funded by the Emergency And Funding Program D in facilities covered by this Agreement. The full payment of the State`s costs under this Agreement shall constitute the final settlement of all claims which the State may have of_____ for the provision of the services referred to in Section IB in respect of works financed by ER, D carried out after 17 October 1986 in all installations covered by this Agreement, with the exception of government costs; which are covered by a site-specific agreement. I am satisfied with our ability to develop a DSMOA that meets the main interests of the Ministry of Defense and the States. Getting as many States as possible to sign these agreements should significantly support the implementation of the programme. Own resources to cover the costs of these services. To the extent permitted by federal procedures for cooperation agreements, the DoD sends a personal invitation to the directors of state authorities to enter into a DSMOA with the department under separate cover. He also asked the military components to have their facilities work with states to get the information you need to get a cooperation agreement (CA) request. A copy of this note is attached to Appendix C of the DSMOA. The Ministry of Defense plans to make arrangements for the availability of funds from October this year. The Crown may generally require that a maximum of twenty-five (25) percent of total utility funds be provided for all facilities listed in Schedule A in accordance with Section II in a fiscal year.

The Department of Defense may approve an annual budget limit that exceeds twenty-five (25) percent of total utility funds if the state demonstrates the need for a higher percentage based on the amount of work expected in the fiscal year. At least ten (10) percent of an application for funding of government services shall be provided in accordance with Section II of this Agreement in a fiscal year if the State requests an allocation of ten (10) percent or more for services under this Agreement. The State may transfer unused funds to subsequent years. If the cost of government services exceeds the annual budget limit in a fiscal year, the crown may spend its own resources to pay for the cost of those services. To the extent permitted by federal procedures for cooperation agreements, the state may then request reimbursement of such costs through a cooperation agreement in a subsequent year, provided that the total amount of payments to the state does not exceed the ceiling of one (1) percent or the annual budget limit for that fiscal year. A payment plan for the reimbursement of past costs is prepared by the State ___ and the Ministry of Defence. The procedures for reimbursement by the State through cooperation agreements (CAs) are described in Annex B and are in accordance with Circulars A-102, A-87 and A-128 of the Office of Management and Budget (OMB). After a CA has been awarded, the [State Agency] may submit a quarterly request for an advance or reimbursement to the DoD. The DoD will process the request and transfer the funds in accordance with Circular A-102. Within 60 days of the end of each quarter, [the government agency] shall submit to the Ministry of Defence a progress report containing summaries of the costs directly related to the eligible costs actually incurred by the Crown under this Agreement during the quarter for services at each facility. The authorized costs will be determined in accordance with this Agreement and Circular A-87. The DoD votes on current awards and completes completed awards in accordance with Circular A-102.

The review of State programmes is carried out in accordance with Circular A-128. This Agreement may be terminated by either Party upon the expiry of any cooperation agreement entered into under this Agreement if the Party requesting termination has informed the other Party in writing at least 90 days before the expiry of the Cooperation Agreement. Upon receipt of the notice of termination, a party may initiate the dispute settlement procedure provided for in Section V. Any signatory to the agreement may involve other officials to whom it reports in the resolution process. The parties may also refer the matter by mutual agreement to the Governor of the State and his counterpart in the Ministry of Defence. Alternative dispute resolution procedures may be used. In the absence of their consent, this Agreement shall be deemed to be terminated from the date of expiry of the Cooperation Agreement. The request for funding of services shall be submitted in accordance with Section II of this Agreement in a financial year in which the State requests and requests the funds for a cooperation agreement.

The designated plant representative should also be responsible for the preparation and management of a cooperation agreement (CA) for the implementation of that agreement, including government cost estimates. The state can then claim reimbursement of these costs through a cooperation agreement in a later year, as long as the total amount as long as no organization can bind the individual decisions of the state, ASTSWMO has negotiated what we consider to be a solid document that would apply to most states. Each state has the option to decide whether it is beneficial to complete a DSMOA for DoD facilities in that state. The Department of Defense believes that, unlike IGAs for NPL sites, not all states would negotiate different DSMOA regulations. Both organizations hope that the DSMOA model will be seen as a useful document by a majority of States. The Ministry of Defence has reviewed and approved the attached DSMOA model. We are encouraged by this opportunity to work with the DoD. The terms of this Agreement may be modified at any time by mutual agreement between the parties. If one Party requests the reopening of the Agreement but the other Party does not agree, the matter shall be referred to a person designated in writing by the signatories to this Agreement […].

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