NPS Rivers, Trails and Conservation Assistance/IMBA Memorandum of Understanding 2002-2007
between
NATIONAL PARK SERVICE
RIVERS, TRAILS, AND CONSERVATION ASSISTANCE PROGRAM
and the
INTERNATIONAL MOUNTAIN BICYCLING ASSOCIATION
This General Agreement is made and entered into by and between the International Mountain Bicycling Association, a non-profit corporation, hereinafter referred to as IMBA; and the United States Department of the Interior, National Park Service, Rivers, Trails and Conservation Assistance Program, hereinafter called RTCA.
ARTICLE I: BACKGROUND AND OBJECTIVES
WHEREAS, the National Park Service operates the Rivers, Trails, and Conservation Assistance (RTCA) program, as authorized by Section 8 of the National Trails System Act of 1968 (P.L. 90-543); and Section 2d of the Outdoor Recreation Act of 1963 (P.L. 88-29); through a national network of conservation and resource-planning professionals who assist interested communities to participate in the planning, design and management decisions of their natural, cultural and recreational resources; and
WHEREAS, the RTCA program works in partnership with federal, state, and local agencies, public entities, educational institutions, and non-profit organizations that share a commitment to helping build community-driven partnerships that conserve and wisely manage natural and cultural resources and provide opportunities for public recreation; and
WHEREAS, the Service through the Secretary of Interior is authorized to enter into General Agreements that are mutually beneficial and in the interest of the public, and to accept donations of time and expertise resulting from the partnership embraced in the Agreement pursuant to the above referenced acts; and
WHEREAS, IMBA leads the national and worldwide effort to keep trails open for mountain biking through a network of 32,000 individual members, 55 designated IMBA state representatives and more than 400 affiliated clubs; and
WHEREAS, IMBA's mission is "to promote mountain biking that is environmentally sound and socially responsible;" and
WHEREAS, IMBA works to keep trails open for mountain biking by encouraging responsible riding, supporting participation in volunteer trailwork projects, and fostering cooperation among trail user groups and land managers; and
WHEREAS, RTCA and IMBA strategically recognize the importance of preserving and managing multiple-use trail systems at the urban fringe of communities that are facing development pressures.
WHEREAS, the RTCA program and IMBA wish to recognize this partnership effort and ensure the appropriate and accurate portrayal of the Service's and the International Mountain Bicycling Association's (IMBA) missions and images in this effort; and
WHEREAS, nothing in this Agreement shall be interpreted as Rivers, Trails and Conservation Assistance Program endorsement of mountain bike access at National Park units; and it is also clearly understood that this agreement in no way modifies NPS policies prohibiting the use of mountain bicycles in wilderness or other restricted areas; and
THEREFORE the RTCA program, as represented by Assistant Director Thomas Ross and IMBA, as represented by Executive Director Tim Blumenthal, desire to cooperate and mutually agree to collaborate in delivering technical assistance to community-based trails projects.
ARTICLE II: STATEMENT OF WORK
This General Agreement contains five elements mutually acceptable to both parties.
(1) Promote mountain biking as a family activity with health benefits. Encourage trail management agencies and local and regional trail organizations to develop trail systems with broad appeal;
(2) Develop a coordinated approach to trail construction workshops. Collaborate with the National Trails Training Partnership on effective strategies;
(3) Develop Mountain Bike Success Stories - examples of how communities and land managers are incorporating mountain bicycling into their trail systems.
(4) Secure IMBA's participation in 4-6 RTCA projects with mountain bike management issues.
(5) Develop a model "Urban Trails Park" concept that can be implemented and replicated nationally.
To achieve the objective of establishing a strong partnership between the National Park Service River's, Trails and Conservation Assistance Program (RTCA), and its regional and field offices, and the International Mountain Bicycling Association (IMBA), and its state representatives and affiliate clubs, for the purpose of sharing expertise with communities to help them plan, design and manage their natural surface trail systems, both parties mutually agree to the following terms of this General Agreement:
A. The Service agrees to:1. Recognize IMBA as an organization suited to carry out components of a technical assistance partnership which properly reflects the mission of the RTCA program.
2. Educate RTCA staff about the partnership between the Service and IMBA and encourage staff to collaborate with IMBA state representatives and affiliate organizations to identify opportunities for cooperation on mutually beneficial projects or activities.
3. Communicate the partnership with IMBA to RTCA partners and NPS areas.
4. Help IMBA identify and compile information on successful mountain bike management operations on local, regional and federal public land areas.
5. Improve communication and dialogue between IMBA and the National Park Service by participating in joint meetings and discussions so that a better understanding of each organization's goals and objectives are understood.
B. IMBA agrees to:1. Communicate the partnership with the Service to members and state representatives and affiliate organizations and encourage collaboration with RTCA on mutually beneficial projects or activities.
2. Provide technical assistance to 4-6 mutually agreed upon RTCA projects with mountain bicycling issues through affiliate organizations.
3. Coordinate staff resources to create Mountain Bike Success Stories that include local, regional and federal public land examples.
4. Meet and consult with the designated RTCA project manager to develop and deliver technical assistance within a mutually agreed upon time frame.
5. Insure acknowledgment of the technical assistance projects achieved in collaboration with the RTCA program of the National Park Service in news and promotional materials.
C. Both parties mutually agree to:1. Collaborate on the development of publicity materials to promote both organizations and inform the public of their partnership activities.
2. Meet annually to discuss progress under this General Agreement and identify specific areas of mutual interest for the coming year.
3. Develop annual workplans for the statement of work elements in this Agreement.
4. Identify opportunities to participate in each other's regional and national meetings in the form of presentations, panel discussions and training.
5. Explore opportunities to designate mountain bike trails as part of the National Recreation Trails system.
6. Identify and select community(s) for demonstration project illustrating compatibility of preserving trail systems with aggressive urban development.
7. Assign project managers to evaluate and select demonstration project locations.
8. Give ownership of the products, visual and written, produced in the planning and delivery of technical assistance through this partnership to the communities assisted.
ARTICLE III: TERM OF AGREEMENT
1. This General Agreement shall become effective on the last date shown on the signature page and will remain in effect for five years. Modifications to the Agreement may be proposed by either party and shall become effective upon written approval of both parties.
2. Nothing in this Agreement shall obligate the Government to expand funds or to enter into any contract or other obligations with IMBA. This Agreement is neither a fiscal nor a funds obligation document. Any activities involving reimbursement or contribution of funds between the parties of this Agreement will be handled in accordance with applicable law, regulations, and procedures.
ARTICLE IV: KEY OFFICIALS AND LIAISONS
The personnel listed below are identified as key staff and are considered essential to the work being performed under this General Agreement:
National Park Service; Rivers, Trails, and Conservation Assistance Program (RTCA)
Samuel N. Stokes, Chief, RTCA - Washington, D.C.
Attila Bality, Planner, RTCA - Santa Fe, New Mexico
TBD, Planner, RTCA -
International Mountain Bicycling Association
Tim Blumenthal, Executive Director, IMBA -- Boulder, Colorado
Steve Anderson, President, IMBA -- Tucson, Arizona
Jenn Dice, Advocacy Director, IMBA -- Boulder, Colorado
Prior to any changes in key officials by either RTCA or IMBA, written notice will be given reasonably in advance of a change.
ARTICLE V: SPECIAL PROVISIONS
A. Any material prepared by either party for advertising or publicity created for this partnership, will be submitted to the other party's key official (see Article IV) for formal review and approval prior to its release.
B. The technical assistance partnership will not in any way suggest endorsement by the RTCA program of a product or service. No IMBA member advertising or promotional materials will carry the NPS arrowhead logo or other official text or emblems that might suggest product or service endorsement.
C. This General Agreement does not establish authority for noncompetitive award to IMBA or its members of any contract or other agreement. Any contract or agreement must comply with all applicable requirements for competition.
ARTICLE VI: REQUIRED CLAUSES
Civil Rights. "During the performance of this agreement, the participants agree to abide by the terms of Executive Order 11246 on non-discrimination and will not discriminate against any person because of race, color, religion, sex or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex or national origin."
Officials Not to Benefit. "No member or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit."
Nothing in this Agreement shall be construed as binding the RTCA program to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this Agreement for that fiscal year; or as involving the United States in any contract or other obligation for the further expenditure of money in excess of such appropriations.
Nothing in this Agreement shall be deemed to be inconsistent with or contrary to the purpose of or intent of any Act of Congress affecting or relating to this Agreement.
Nothing in this Agreement shall restrict the RTCA program from entering into similar agreements, or participating in similar activities or arrangements, with other public or private agencies, organizations, or individuals.
No money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram telephone, letter, printed or written matter, or any other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Member of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. PENALTY: Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined not more than $500 or imprisoned not more than one year, or both; and after notice and hearing by the superior officer vested with the power of removing him, shall be removed from office or employment. 18 U.S.C. 1913.
ARTICLE VII: TERMINATION
Either party may terminate this General Agreement by providing the other party with written notice 60 days in advance.
ARTICLE VIII: AUTHORIZING SIGNATURES
IN WITNESS HEREOF, the parties hereto have signed their names and executed this General Agreement.
RIVERS, TRAILS AND CONSERVATION ASSISTANCE PROGRAM
NATIONAL PARK SERVICE
By: (Signed) D. Thomas Ross
D. Thomas Ross, Assistant Director
Date: (4/11/02)
INTERNATIONAL MOUNTAIN BICYCLING ASSOCIATION
By: (Signed) Steve Anderson
Steve Anderson, President
Date: (4/19/02)
