Big South Fork Bicycle Club and Big South Fork NRRA Sign Partnership (Dec. 2005)
Agreement Number G51300600002
MEMORANDUM OF UNDERSTANDING
Between
The United States Department of the Interior
National Park Service
and the
Big South Fork Bicycle Club
This agreement is entered into by and between the National Park Service (hereinafter "NPS"), United States Department of the Interior, acting through the Superintendent of the Big South Fork National River and Recreation Area, and The Big South Fork Bicycle Club (hereinafter "Bike Club"), acting through the President of the Bike Club.
ARTICLE I - BACKGROUND AND OBJECTIVES
The objective of this agreement is to continue to develop and expand a framework of cooperation between the NPS and the Bike Club to develop mutually beneficial programs, projects, and bicycling activities at the local NPS level. These programs, projects, and activities comprise part of the NPS multiple use mission and serve the public.
The NPS benefits include a formal and active partnership with the Bike Club to plan, construct, and maintain designated mountain bike and multiple use trails as well as service the public through the patrols of such trails.
The benefits for the Bike Club through this cooperative effort are provided through the strategic planning of trail development and public service to all trail users.
The mutual benefit for both parties is to provide a public service to maintain and patrol designated trails in the National Recreation Area.
ARTICLE II - AUTHORITY
The enabling park legislation or the general management authorities under 16 U.S.C. 1-3 are the legal authorities for this type of agreement.
ARTICLE III - STATEMENT OF WORK
The NPS shall:
A. The NPS shall work with the Bike Club to identify opportunities (trail maintenance projects, education, and assistance) and jointly pursue such projects with the mountain bike community.
B. Make NPS lands available for mountain biking and related activities, subject to applicable Federal laws, regulations, policies and management plans.
C. Include and utilize Bike Club technical expertise in developing NPS programs as they relate to mountain biking.
D. Provide to the public the appropriate rules and regulations pertaining to mountain biking in the National Recreation Area.
E. Provide, as available, all tools required for maintenance and construction needs.
F. Provide any and all pertinent educational programs necessary to members for required certifications.
G. Coordinate any special uses or administrative activities within designated trail corridors prior to the date of activity.
H. Review and approve an Annual Plan of Operations prepared by the Bike Club and modify as necessary.
The Bike Club Shall:
A. Work with the NPS to identify appropriate partnership opportunities (trail maintenance projects, educational programs, patrols) and jointly pursue such projects with the mountain bike community and the NPS.
B. Provide technical assistance to the NPS and visitors involved with projects and educational activities involving mountain biking.
C. Make information available to the NPS regarding trail building schools, IMBA's Trail Care Crew, and the National Mountain Bike Patrol.
D. Encourage members to work with the NPS officials to discuss and identify opportunities for cooperative work or mutually beneficial projects when appropriate.
E. Train and instruct members regarding "Rules of the Trail", "Leave No Trace", and "Tread Lightly" and other ethical programs.
F. Obtain NPS approval prior to implementation of any construction, maintenance, educational, or publication of any printed material regarding mountain biking activities in the National Recreation Area.
G. Provide technical expertise to the NPS to address mountain bike management in the National Recreation Area.
H. Maintain as appropriate, NPS or equivalent certifications for First Aid, CPR, and Chain Saw Operations.
I. Offer basic mechanical assistance as needed to fellow cyclists.
J. Encourage safe and courteous trail use and responsible bicycling.
K. Serve as ambassadors for the sport of mountain biking and encourage cooperation with all National Recreation Area user groups.
L. Members will not attempt to enforce any local, state, or federal laws while on NPS land. Patrollers are encouraged to carry cell phones or NPS radio equipment while on patrol and contact appropriate officials of any accidents or unusual occurrences while on patrol. All enforcement and follow-up actions will be made by the appropriate officials.
M. Bike Patrol personnel will be readily identified as such with approved patch, shirt, vest or jacket.
N. Members of the Bike Patrol will be identified to NPS officials and mutually agreed upon to serve as patrollers.
O. Provide the NPS with a monthly patrol plan.
P. Prepare an Annual Plan of Operations and present to the NPS for approval. This plan may be modified as necessary by the NPS.
Q. Review this agreement with the NPS annually and modify as necessary.
ARTICLE IV - TERMS OF AGREEMENT
This agreement will be effective for a period of five years from the date of final signature unless it is terminated earlier by one of the parties pursuant to Article IX that follows.
ARTICLE V - KEY OFFICIALS
A. Key officials are essential to ensure maximum coordination and communication between the parties and the work being performed. They are:
1. For the NPS:
Superintendent
Big South Fork NRRA
4564 Leatherwood Road
Oneida, TN 37841
E-mail: biso_superintendent@nps.gov
Telephone: (123) 456-7890
Facsimile: (123) 456-7890
2. For the Big South Fork Bicycle Club:
President
Big South Fork Bicycle Club
P. O. Box 4129
Oneida, TN 37841
Telephone: (123) 456-7890
B. Communications - The Bike Club will address any communication regarding this agreement to the key official with a copy to the Contracting Officer. Communications that relate solely to routine operational matters described in the current work plan may be sent only to the Superintendent.
C. Changes in Key Officials - Neither the NPS or the Bike Club may make any permanent change in a key official without written notice to the other party reasonably in advance of the proposed change. The notice will include a justification with sufficient detail to permit evaluation of the impact of such a change on the scope of work specified within this agreement. Any permanent change in key officials will be made only by modification of this Agreement.
ARTICLE VI - PRIOR APPROVAL
N/AARTICLE VII - REPORTS AND/OR OTHER DELIVERABLES
N/AARTICLE VIII - PROPERTY UTILIZATION
N/AARTICLE IX - MODIFICATION AND TERMINATION
A. Modifications within the scope of the Agreement shall be made by mutual consent of the parties, by the issuance of written modification, signed, and dated by all parties, prior to any changes being performed.
B. Either party may terminate this Agreement by providing the other party with thirty (30) Days advance written notice. In the event that one party provides the other party with notice of its intention to terminate, the parties will meet promptly to discuss the reasons for the notice and to try to resolve their differences.
ARTICLE X - STANDARD CLAUSES
A. Civil Rights
During the performance of this Agreement, the participants agree to abide by the terms of U. S. Department of the Interior - Civil Rights Assurance Certification, 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, sexual orientation, national origin, disabilities, religion, age, or sex.
B. Promotions/Public Information
The Bike Club will not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies Governmental, Departmental, Bureau, or Government employee endorsement of a product, service, or position which the Bike Club represents. No release of information relating to this Agreement may state or imply that the Government approves of the Bike Club's work product, or considers the Bike Club's work product to be superior to other products or services.
The Bike Club will ensure that all information submitted for publication or other public releases of information regarding this project will carry the following disclaimer:
"The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U. S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U. S. Government."
The Bike Club will obtain prior NPS approval from the regional public affairs office for any public information release that refers to the Department of Interior, any bureau or employee (by name or title), or to this Agreement. The specific text, layout, photographs, etc., of the proposed release must be submitted to the key official, who will forward such materials to the public affairs office, along with the request for approval.
The Bike Club agrees to include the above provision of this Article in any sub-award to any sub-recipient, except for a sub-award to a state government, a local government, or to a federally recognized Indian tribal government.
C. No Lobbying for Federal Funds
The Big South Fork Bicycle Club (Bike Club) will not seek appropriations from Congress to support any ongoing or proposed Bike Club activity or project related to the subject of the AGREEMENT or sub-agreements hereto, including without limitation federal appropriations for construction, renovation, property acquisition, leasing, administration or operations. Nothing in this paragraph is intended to preclude the Bike Club from applying for and obtaining a competitive or non-competitive grant or financial assistance from a federal agency or from undertaking otherwise lawful activities with respect to any project or proposal including the President's request to Congress; nor should the paragraph be construed as requesting, authorizing, or support advocacy by non-federal entities before Congress.
ARTICLE XI - SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below.
National Park Service:
Big South Fork NRRA
Signature: /s/Reed E. Detring
Name: Reed E. Detring
Title: Superintendent
Date: 12/1/05
Big South Fork Bicycle Club
Signature: /s/Joe Cross
Name: Joe Cross
Title: President
Date: 12/1/05
