Ask your VC or Provost administrative assistant to check the database to determine if the UAF has already reached an agreement with the entity concerned. The subject of this Memorandum of Understanding, referred to as the “MOA”, is the establishment of policies, Responsibilities and Procedures under Title 40 Code of Federal Regulations (40 CFR) Parts 123, 501 and 503 for program commitments between the Texas Natural Resource Commission (TNRCC) and the Environmental Protection Agency, Region 6 (EPA) for the adoption by the TNRCC of the National Pollutant Discharge Elimination System (NPDES). It is especially important to include those who participated in the initial discussions with the contractor – to see if he is saying what you intend to do and if it clearly covers all the specifics you want to address. No matter how good your relationship with other organizations are involved, make sure you understand exactly what you agree with. A contract may or may not be written, although a written contract is clearer and much easier to implement than an oral contract, because a written document facilitates proof of the existence of a contract. It is not necessary to characterize it as a contract if it is clear that both parties intend to have a formal document and that it is a reflection. It can be extremely simple as long as the intent is clear. (For $500.00, Fred Smith will paint the exterior of John Jones` barn with all the coverings, window wings, doors and window and door frames and edges with two red varnishes.) Explain the consequences if one of the parties does not respect what it has agreed to. Some changes can be incorporated into the treaty. If you trust the contractor as an expert in the field in which they work, you can indicate that they can define the best way to conclude the terms of the contract and that they can change that course if they see a reason why their original plan is probably not successful. They can allow a contractor to get money in any way he sees fit, as long as the money is destined for the activity of the contract.
While not a legally enforceable document, the agreement is an important step because of the time and cost of negotiating and developing an effective document. To reach an agreement, the participating parties must reach mutual understanding. Each party learns what is most important to the others before moving forward. This process takes time, so plan accordingly. If you develop the agreement, you must share the draft contract with the other entity before sending it to the Provost/VC level for signature. If the agreement was initiated by the external entity, use your discretion as to whether substantial changes have been made and need to be reviewed by the other entity before it is sent to the signing. The Provost/VC level will pass the agreement on to the general council if necessary. A Memorandum of Understanding (MOU or MoU) is an agreement between two or more parties, which is described in a formal document. It is not legally binding, but it indicates that the parties are ready to move forward with a treaty. Most contracts contain a clause that explains why each party can decide to terminate the contract for no particular reason with a certain termination period, usually 30 days. In addition, there are often conditions under which either party may terminate the contract immediately or almost immediately for certain reasons.