MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION AND THE INTERNATIONAL MOUNTAIN BICYCLING ASSOCIATION
This Memorandum of Understanding (MOU) is made and entered into by and between the Virginia Department of Conservation and Recreation (DCR) and the International Mountain Bicycling Association (IMBA), a non-profit corporation, in order to support shared objectives of improving and increasing recreational opportunities in Virginia related to mountain biking and supporting the operations of the state park system.
ARTICLE I: BACKGROUND AND OBJECTIVES
WHEREAS, DCR manages 34 state parks that have priceless and irreplaceable natural, cultural and recreational resources that are protected for the benefit, inspiration and use of the public and receive more than seven million visitors annually; and
WHEREAS, DCR has as its mission to "To conserve, protect, enhance, and advocate the wise use of the Commonwealth's unique natural, historic, recreational, scenic and cultural resources ", and the goal of being the best place for outdoor recreation; and
WHEREAS, the 2000 Virginia Outdoors Survey identifies trails as the most important offering of the Virginia state park system, and
WHEREAS, the 2002 Virginia Outdoors Plan recommends DCR should partner with others to develop a system of interconnected long distance trails throughout the Commonwealth, and.
WHEREAS, DCR recognizes that recreation promotes economic livelihood, provides jobs and is an economic boost for Virginia communities; and
WHEREAS, Virginia is one of the first eastern states to recognize the role and importance of mountain bicycling as a tool for trails-based tourism; and
WHEREAS, IMBA leads the national and worldwide effort to keep trails open for mountain biking through a network of 32,000 individual members and 450 affiliated clubs; teaches sustainable trail-building techniques and has become a leader in trail design, construction, and maintenance; and encourages responsible riding, volunteer trail work and cooperation among trail user groups and land managers; and
WHEREAS, IMBA has 20 affiliated clubs in Virginia that embody the mission of IMBA, "to create, enhance, and preserve trail opportunities for mountain bicyclists" through volunteer trail work and promotion of the sport of mountain bicycling; and
WHEREAS, IMBA and DCR are concerned about public physical fitness and health and encourage programs that increase interest, enthusiasm and participation in health and fitness programs including outdoor recreation; and
WHEREAS, DCR and IMBA desire to partner to build sustainable trails and promote collaboration between Virginia State Park managers, other land managers and IMBA-affiliated clubs;
NOW, THEREFORE, DCR and IMBA agree to partner to create, manage and develop trail opportunities for mountain bicycling in Virginia's state parks.
ARTICLE II: STATEMENT OF WORK
In accordance with existing laws, regulations and policy and subject to the availability of funds, both parties mutually agree to:
- Work closely in accomplishing common goals and objectives.
- Look for opportunities to conduct IMBA Trailbuilding Schools in state parks to be attended by park staff, Virginia land managers, local communities, volunteers and other trail user groups.
- Encourage collaboration between Virginia state parks and other land managers and IMBA-affiliated clubs to create, maintain and manage mountain bicycling opportunities where appropriate.
- Acknowledge and promote mountain bicycling as a recreation option at Virginia state parks and public lands where appropriate.
- Promote and support mountain bike related tourism in Virginia.
- Promote mountain bicycling as a family activity with health benefits.
ARTICLE III: CONDITIONS
A. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the parties from participating with other public or private agencies, organizations and individuals on similar agreements. All parties recognize the importance of cooperation and partnership with other organizations and institutions of mutual interest.
B. NON-FUND OBLIGATING DOCUMENT. This MOU is neither a fiscal nor a funds obligation document. Nothing in this MOU shall obligate either of the parties to expend funds or to enter into any future contract, supplemental agreement, or obligation with the other. Any endeavor involving reimbursement or contribution of funds between parties to this MOU will be handled in accordance with applicable laws, regulations and procedures. Such endeavors will be outlined in separate agreements that shall be made in writing by the parties and shall be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Specifically, this MOU does not establish authority for noncompetitive award to IMBA of any contract or other agreement.
C. FORCE AND EFFECT. DCR and IMBA intend to conduct the aforementioned activities in this MOU in accordance with existing authorities. If any provisions of this MOU are determined to be inconsistent with existing laws, regulations, or directives governing the signatories, then only those provisions of this MOU not affected by a finding of inconsistency shall remain in full force and effect.
D. TERM. This MOU shall become effective on DCR's signature and shall expire on December 31, 2009, unless terminated earlier pursuant to Paragraph F, below.
E. AMENDMENT. This MOU shall not be altered, changed, or amended except by written mutual agreement of the parties hereto.
F. TERMINATION. This MOU may be terminated by either party upon delivery of a written notice to the other at least thirty (30) days prior to the intended date of termination.
G. CONTACTS
Department of Conservation and Recreation
Joe Elton, State Parks Director
Theresa Layman, Resource Management Director
203 Governor Street, Suite 306
Richmond, VA 23219
(804) 392-0403
International Mountain Bicycling Association
Ms. Jenn Dice, Government Affairs Director
Ms. Aaryn Kay, Subaru/IMBA Trail Care Crew Coordinator
P.O. Box 7578
Boulder, CO 80306
(303) 545-9011
IN WITNESS THEREOF, the parties herein below set their hand.
DEPARTMENT OF CONSERVATION AND RECREATION
Joseph H. Maroon - May 2, 2005
Department of Conservation and Recreation Director
Acknowledged by:
Joe Elton Date - May 2, 2005
Director, Division of State Parks
INTERNATIONAL MOUNTAIN BICYCLING ASSOCIATION
Hill Abell Date - May 2, 2005
President, IMBA Board of Directors
