Example MOU: New Mexico Energy, Minerals and Natural Resources Department and IMBA Memorandum of Understanding
BETWEEN THE
NEW MEXICO ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT
AND THE
INTERNATIONAL MOUNTAIN BICYCLING ASSOCIATION
This Memorandum of Understanding (MOU) is made and entered into by and between the State of New Mexico Energy, Minerals and Natural Resources Department, State Parks Division (EMNRD) and the International Mountain Bicycling Association (IMBA), a non-profit corporation, in order to support shared objectives of improving and increasing recreational opportunities in New Mexico related to mountain biking and supporting the operations of the State Parks Division.
ARTICLE I: BACKGROUND AND OBJECTIVES
WHEREAS, EMNRD manages 32 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 four million visits annually; and
WHEREAS, EMNRD has as its mission to "provide leadership in the protection, conservation, management and responsible use of New Mexico's natural resources", and the goal of being the best place for outdoor recreation; and
WHEREAS, the New Mexico Statewide Comprehensive Outdoor Recreation Plan (SCORP) identifies increased trail recreation opportunities as a top priority of the public; and
WHEREAS, EMNRD recognizes that recreation promotes economic livelihood, provides jobs and is an economic boost for New Mexico communities; and
WHEREAS, EMNRD is one of the first states in the nation 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 22 affiliated clubs in New Mexico that embody the mission of IMBA, "to create, enhance, and preserve trail opportunities for mountain bicyclists" through volunteer trailwork and promotion of the sport of mountain bicycling; and
WHEREAS, IMBA and EMNRD 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, EMNRD and IMBA desire to partner to build sustainable trails and promote collaboration between New Mexico State Park managers, other land managers and IMBA-affiliated clubs;
NOW, THEREFORE, EMNRD and IMBA agree to partner to create, manage and develop trail opportunities for mountain bicycling in New Mexico'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, New Mexico land managers, local communities, volunteers and other trail user groups.
- Encourage collaboration between New Mexico 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 New Mexico state parks and public lands where appropriate.
- Promote and support mountain bike related tourism in New Mexico.
- Promote mountain bicycling as a family activity with health benefits.
ARTICLE III: CONDITIONS
A. PARTICPATION 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. EMNRD 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 EMNRD'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.
State Parks Division
Mr. David J. Simon, Director
N.M. State Parks Division, EMNRD
P.O. Box 1147
Santa Fe, N.M. 87504
(505) 476-3355
International Mountain Bicycling Association
Ms. Jenn Dice, Government Affairs Director
Ms. Aaryn Kay, Subaru/IMBA Trail Care Crew Ccoordinator
P.O. Box 7578
Boulder, C.O. 80306
(303) 545-9011
IN WITNESS THEREOF, the parties herein below set their hand.
ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT
Robert E. Castillo Date
Administrative Services Division Director
Acknowledged by:
David J. Simon Date
Director, New Mexico State Parks Division
INTERNATIONAL MOUNTAIN BICYCLING ASSOCIATION
Hill Abell Date
President, IMBA Board of Directors
