MEMORANDUM OF UNDERSTANDING BETWEEN HTPNHS AND THE FRIENDS OF HTPNHS, INC.
MEMORANDUM OF AGREEMENT
Article I - Backround
THIS AGREEMENT is hereby entered into this 19th day of September, 1990, by and between the Hubbell Trading Post National Historic Site (hereinafter referred to as the "Site") , a unit of the National Park Service of the United States Department of the Interior, acting in its behalf through the Superintendent, or his/her designee, and the Friends of Hubbell Trading Post National Historic Site, Inc. (hereinafter referred to as the "Corporation") acting through the Chairperson of its Board of Trustees or the Board's designee.
Whereas, it is the purpose of the Natonal Park Service to preserve, protect and manage the National Park system for the benefit and enjoyment of the people as provided for in the Act of August 16, 1916 (16 U.S.C. Sec. 1, et seq.); and
Whereas, the National Park service through the Secretary of the Interior has authority to accept donations for the purposes embraced by this Memorandum of Agreement (See 41 Stat. 917, 16 U.S.C. 6); and
Whereas, nothing in this Agreement shall affect or interfere with fulfillment of the obligations or exercise of the authority of the National Park and Service or any other Federal Agency;
Whereas, the Corporation is a non-profit, tax-exempt, fund raising organization established to aid and directly promote management programs and objectives of the Site for which no government or other donated funds are available; and
Whereas, monies donated and accepted may be specified by a donor for a particular Site item or project; if not so designated, they will be placed in a general donation fund of the Corporation, to be used by the Corporation to fund projects and activities mutually agreed upon by the Site and the Corporation; and
Whereas, the National Park Service wishes to recognize and encourage the Corporation in conducting its fund raising effort to benefit the Site; and
Whereas, the Superintendent of the Site has been delegated the authority to approve fund raising activities totalling less than $250,000. Fund raising campaigns in excess of this amount will require higher level approval in accordance with the fund raising policies of the National Park Service and will be agreed upon through sub-Memoranda of Agreement and appended to this agreement.
Article II - Responsibilities of Parties
NOW THEREFORE the parties agree as follows:
(1) The Site agrees to:
(a) Recognize the Corporation as an organization suited to aid and directly promote the management program of the Site.
(b) Provide the Corporation a Needs Assessment, a list of critical donation needs, in priority order annually for its funding consideration. This does not restrict the site from submitting emergency and special funding requests as they arise.
(c) Designate the Superintendent or his /her designee as Site representative to the Corporation's Board of Trustees who will lend them every assistance possible to insure the success of the mutually agreed upon activities.
(d) Place all funds donated to the Site by the Corporation in special donation account and assure that they shall be used solely on behalf of and for benefit of the projects and activities set forth above unless otherwise provided by law.
(e) Make available to the Corporation such information and data as may reasonably be required and is generally available to inform potential donors and others about the status of plans for the projects and activities to benefit.
(2) The Corporation agrees to:
(a) Be fully qualified under State and Federal law to engage in fund raising and receive philanthropic contributions for the purposes enumerated herein.
(b) Accomplish all activities under this Agreement in conformance with the formal fund raising policies of the National Park Service which are made a part of this Agreement. (See Appendix 1).
(c) Bear all costs of the fund raising activities.
(d) Donate to the Site, funds, materials or services to support the priority needs of the Site for which no Government or other donated funds are available.
(e) Work in collaboration with and maintain liaison with the Southwest Parks and Monuments Association (SPMA), a Cooperating Association for the National Park Servicer and operator of the trading post. The Corporation will undertake projects, services, or activities that enhance those of SPMA at the Site or which SPMA does not engage in at the Site. No Corporation undertaking will conflict with or compete with those of SPMA at the Site.
Article III - Term of Agreement
This Memorandum of Agreement shall be effective when signed by both parties and shall remain in effect as needed for up to three years from that date, subject to renewal by mutual agreement for a further period not to exceed three years.
Article IV - Key Officials
Article V - Property
The Corporation may maintain office space at Hubbell Trading Post National Historic Site for the purpose of conducting administrative business and serving as its headquarters. The Site agrees to provide what furniture and office equipment is excess to its needs for the conduct of corporation related business. A property receipt will be required to be signed by an appropriate official. Meeting room facilities will be made available by the Site for Board meetings or special activities.
The Corporation may not construct any structure or buildings on the Site or otherwise make any alterations to the Site's buildings or land without written permission from the National Park Service.
Upon dissolution of the Corporation, its assets shall be transferred to the United States of America for the benefit of the Hubbell Trading Post National Historic Site, subject to federal law.
Article VI - Prior Approvals
Any materials prepared for public consumption, such as individual promotional activities, brochures, or any other form of publicity will be submitted to the Site for formal review and approval prior to its release.
Any agreements the Corporation proposes to enter into with third parties in furtherance of its activities hereunder shall be subject to approval by the Site.
The Site agrees to the extent practicable, to arrange for and conduct tours, interpretive events and inspections for individuals and groups at the request of the Corporation provided that such activities shall not, in the judgment of the Site unduly infringe upon or detract from normal visitor activities and services. The Corporation shall request such tours and other events through the site Superintendent in advance. The Superintendent shall have final decision making responsibility as to such arrangements, depending upon Site workloads and staff availability.
The Corporation shall apply for and abide by the terms and conditions of a special events permit for each such event it proposes to conduct which may interfere with visitor services and use, which may impact the Site's resources, and which may require site staff support. The Superintendent shall have the final authority over the granting of such permits.
Article VII - Reports
The Superintendent will submit annually a list of priority projects, the Site's Needs Assessment, for funding by the Corporation. The Corporation shall respond to the Site within sixty days regarding its project selections. The response will identify the Corporation's role and responsibilities in funding such projects and identify any actions it expects the Site to fulfill. Fund raising activities will be agreed upon between the Site and the Corporation. The Corporation shall keep the Site fully informed on all such activities. Funds received and expended by the Corporation from whatever source and for whatever purposes shall be accounted for under a system of accounts and financial controls meeting accepted professional standards for non-profit charitable organizations. The corporation shall submit to the Site annually, within ninety days following the end of each fiscal year, a complete financial report, accompanied by a written summary of activities for the year. The Superintendent or his/her designee may review the records of the Corporation at any time during the term of this agreement.
Article VIII - Termination
The Site or the Corporation may terminate this Agreement by providing sixty days written notice to the other.
Article IX - General
All obligations of the Site hereunder are subject to the availability of funds, and to such direction and instructions as nay have been or are hereafter provided by Congress.
During the performance of this agreement, the participants agree to abide by the terms of Executive Order 11246 (Appendix 2) on nondiscrimination 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, national origin, handicap, and/or age.
No member of 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.
The Corporation shall indemnify, save and hold harmless and defend the Site and the National Park Service against all fines, claims, losses, judgments and expenses arising out of or from any omission or activity of the Corporation.
The Corporation shall procure and employ liability insurance once office space is acquired at the Site or a Site fund raising activity is engaged in, unless waived by the NPS, for any number of claims from any one incident, with respect to the activities of the Corporation and its employees. The Site shall be named as an additional insured on all such policies. All such policies shall specify that the insurer shall have no right of subrogation against the United States for payment of any premiums or deductibles thereunder, and such insurance policies shall be assumed by and credited to the account of and undertaken at the Corporation's sole risk.
Dated the 19th day of September, 1990.
Last Updated: 28-Aug-2006