PROJECT AGREEMENT
BETWEEN
UNITED STATES OF AMERICA
DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE
NATIONAL CAPITAL REGION, NATIONAL CAPITAL PARKS-EAST
And
FRIENDS OF LINCOLN PARK
This Project Agreement entered into by and between the United States of America, Department of the Interior, National Park Service, National Capital Region, National Capital Parks-East hereinafter referred to as the “Service”, and The Friends of Lincoln Park, hereinafter referred to as “FoLP”.
Article I
Background and Objectives
WHEREAS, the National Park Service, represented by the Superintendent, National Capital Parks-East is responsible for the administration of Lincoln Park, which is located in the District of Columbia, for use and enjoyment of all people of the United States: and
WHEREAS, The Service and FoLP desire to cooperate for the purposes of supporting the National Park Service at Lincoln Park within National Capital Parks-East in improving the playground equipment and children’s play area in the North section of the park.
NOW, THEREFORE, pursuant to the authority contained in the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. §§1 et seq.), the parties in consideration of the mutual promises herein expressed, do hereby agree as follows:
Article II
Statement of Work
- THE SERVICE AGREES TO:
- Work with the FoLP to replace the playground equipment in the North section of the park with safe equipment which meet the requirements of the Service
- Monthly (or as agreed upon) communication meetings between NPS and FoLP including minutes and action items
- Acknowledge the relationship with the partner
- Accept donations to the Service in the form of goods or services in accordance with the goals of the site and NPS rules, etc and DO21
- Accept donations to the Service in the form of cash will be for pre-agreed upon items at a pre-agreed upon funding level. Direct reimbursements with prior request from Superintendent
- Superintendent or designee will make all requests for donations made available by FoLP in writing
- Review and coordinate media/press/websites/external communications/each others remarks
- THE FoLP AGREES TO:
- Work with the Service in obtaining funds to replace playground equipment in the North section of the park in accordance with NPS rules and regulations
- Monthly (or as agreed upon) communications meetings with the NPS, including minutes and action items
- Acknowledge the relationship with the Service
- Refrain from on-site solicitation; provided however that FoLP may provide information on-site about FoLP and its plans with a contact name, address, and website for further information
- Annual budget submission showing sources and uses
- Current list of Board of Directors, Advisory Committees and Members, and Officers of both. Notify NPS of any changes in timely manner.
- Donations to the Service in the form of goods or services will be used to further the goals of the site in accordance with NPS rules, etc and DO-21.
- Donations to the Service in the form of cash which will be for pre-agreed upon items at a pre-agreed upon funding level.
- Superintendent or designee will make all requests for donations made available by FoLP in writing.
- Review and coordination of media/press/external communications/ each other’s remarks.
- Make reasonable efforts to ensure that all participants of FoLP are aware of, and agree to comply with, the responsibilities of FoLP pursuant to this agreement.
Article III
Liability
- Following a discussion between the Service and FoLP regarding the needs for such insurance and a written request sent by the Service, FoLP will procure public and employee liability insurance from a responsible company with a minimum limitation of $1,000,000 per person for any one claim, and an aggregated limitation of $3,000,000 for any number of claims arising from any one incident. The insurance policy shall name the United States as an additional insured, shall specify that the insured shall have no right to subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by, be for the account of, and be at the insured’s sole risk.
- Pay the United States the full value for all damages to the lands or other property of the United States caused by the said person or organization, its representatives or employees.
- Indemnify, save and hold harmless, and defend the United States against all fines, claims, damages, losses, judgments, and expenses arising out of, or from, any omission or activity of the said person or organization, its representatives or employees.
Article IV
Term of Agreement
This Agreement shall be in effect for a period of 2 years from date of execution. The agreement shall not be revised or amended in any manner whatsoever unless the revision or amendment is in writing, and is mutually agreed upon by the FoLP and the Service. Should the decision be made to continue the effort, this agreement may be renewed for up to five years with the mutual agreement of both parties.
Article V
Key Officials and Consultation
The FoLP and the Service shall maintain a close liaison and consult regularly on all matters pertaining to the Agreement.
Correspondence: All correspondence relating to this Agreement should be mailed to:
National Park Service:
Superintendent John Hale
National Capital Parks-East
1900 Anacostia Drive S.E.
Washington, D.C. 20020
Friends of Lincoln Park:
Article VI
Assignment
No transfer or assignment of this Agreement, or of any part thereof or interest therein, directly or indirectly, voluntarily or involuntarily, shall be made unless such transfer or assignment is first approved in writing by the parties.
Article VII
Termination of Agreement
Either party may terminate this agreement without any legal process whatsoever by giving thirty (30) days written notice of termination to such party, effective at the end of the thirty (30) day period.
The National Park Service may terminate this Agreement for the convenience of the government, when it is in the best interest of the Public to do so, without legal process whatsoever by giving thirty (30) days notice of termination. Such termination shall not be deemed a breech of the Agreement.
Article VIII
Required Clauses
NON-DISCRIMINATION: All activities pursuant this Agreement and the provisions of Executive Order 11246 (3 C.F.R. 339) shall be in compliance with the requirements of TitleVI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. §2000 et seq.); Title V, Section 504 of the Rehabilitation Act of 1973 (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.); and with all other Federal laws and regulations prohibiting discrimination on grounds of race, color, national origin, handicap, religious or sex in providing of facilities to the public.
PUBLIC LAWS: Nothing herein contained shall be deemed to be inconsistent with or contrary to the purpose of or intent of any Act of Congress or the laws of the District of Columbia establishing, affecting, or relating to the Agreement.
APPROPRIATIONS: Nothing contained in the Agreement shall be construed as binding the Service 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.
No Member of, Delegate to, or Resident Commissioner in, Congress shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom, unless the share or part or benefit is for the general benefit of a corporation or company.
No part of the 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 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 Members of Congress on the request of any Member of 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.
SIGNATURES
IN WITNESS THEREOF, the Service and FoLP have executed this Agreement this _________day of ___________________, 2000
By _______________________________ ____________________
Superintendent Date
National Capital Parks-East
By _______________________________ ____________________
President Date
Friends of Lincoln Park
