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Friends of
CRATER LAKE NATIONAL PARK
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GENERAL AGREEMENT ARTICLE I. BACKGROUND and OBJECTIVES The General Agreement between the National Park Service (hereinafter Service) and the Friends of Crater Lake National Park (hereinafter Friends) is for the purpose of providing a basis for agreement, cooperation and assistance between these organizations in the creation, perpetuation and operation of the programs and activities mutually agreed upon. The Service, through the Secretary of the Interior, has authority to accept donations for the purposes embraced by this General Agreement as stated in 41 Stat. 917, 16 U.S.C.6. Crater Lake National Park (hereinafter Park) was established by an Act of Congress as the seventh National Park on May 22, 1902. Interested citizen residents created the Friends of Crater Lake National Park, a nonprofit corporation in the State of Oregon (final amendment Filed November 30, 1993) and a tax-exempt organization under the IRS Code Section 501 (c) (3) (13 October 1993). The mission statement of the Friends establishes their intent to cooperate with the National Park Service in the stewardship of the natural and cultural resources of Crater Lake National Park. This cooperation may be provided through supporting appropriate visitor opportunities to observe, experience, and understand the character of the area; in working with the Park staff in completing special projects; and in taking the lead in fund raising projects. To fulfill its mission, the Friends will collaborate with the Service on projects and programs in support of the Park. The Friends will seek to provide funding for such programs and to attempt no program or project beyond its financial capability nor will it initiate any program without the approval of the Park. The Service and the Friends recognize that it is mutually advantageous to enter into this agreement in order to enhance their mutual goals. ARTICLE II. STATEMENT OF WORK (NATIONAL PARK SERVICE The Service agrees to recognize the Friends as a partner organization suited to provide financial and voluntary assistance for the benefit of the Park. The Service will permit the Friends to participate in fund-raising projects within or in support of the Park that are approved by the Superintendent of Crater Lake National Park (hereinafter Superintendent). Fund-raising projects and donations will follow the policies described in National Park Service ""Director''s Order 21 Donations and Fundraising and the accompanying "Reference Guide to Donations and Fundraising" (hereinafter DO-21). Proceeds from such projects will be used to support the Park and Friends programs and activities. Subject to the availability of personnel and funds, the services of Park staff and other resources of the park will be made available to the Friends to assist them in projects and programs which are in the interest of the Service. The Service agrees to cooperate with the Friends in the development of volunteer programs including recruitment and training of volunteers. The Service agrees to jointly develop and conduct training sessions with the Friends for volunteers who will be performing activities. The Service agrees to use the government volunteer agreement to allow Friends volunteers to participate on projects occurring on government lands. An individual Volunteer-in-Parks agreement will be completed for each member of the Friends who participates in these projects. The Superintendent will appoint a staff member to act as liaison between the Superintendent''s office and the Board of Directors of the Friends (hereinafter Board). This liaison position will function in an advisory and communications capacity to keep the Superintendent informed of the activities of the Friends. Although non-voting, the liaison or designee shall be invited to all meetings at which Friends business will be conducted. STATEMENT OF WORK (FRIENDS) The Friends will assist and cooperate with the Service in providing the following activities: an active role in developing a volunteer recruitment and donation program in order to provide assistance to the Park and agrees to coordinate with the Park in all stages of the planning and execution of projects that it participates in. Each member of the Friends who participates in any projects, activities or events conducted in the Park under the terms of this agreement will complete an individual Volunteer-in-Parks agreement. The Friends will endeavor, through any of several fund raising activities, to secure funding for cooperative programs and projects. To this end, the Friends shall when feasible, employ its own personnel and maintain records and accounting procedures approved, in writing and in advance, by the Superintendent. All programs and activities within or in conjunction with the Park shall comply with appropriate Service guidelines and shall be approved in advance by the Superintendent. All fund-raising projects within or in support of the park must receive written approval in advance from the Superintendent. Fund-raising projects and donations will follow the policies described in DO-21. ARTICLE III. DONATIONS AND FUND RAISING Donations from the Friends to the Park may be proposed by either the Friends or the Park. Donations that are proposed by the Friends will be presented to the Superintendent, who will consider and decide on the proposal. Donations that are proposed by the Park will be presented to the President, and the Board will consider and decide on the proposal. All such proposals and decisions will be in writing. For the purposes of this agreement, restricted donations are those funds donated to the Friends which the donor specifies may only used in support of the Park (either the Park in general, or specific purposes in the Park). All restricted donations to the Friends are to be approved by the Board based on guidelines and procedures defined in writing by the Superintendent. The Board reserves the right to refuse donations should they not meet the goals and purposes of a restricted donation fund or comply with the guidelines outlined by the Superintendent. The President and the Superintendent will jointly make decisions regarding the appropriate use of restricted donation funds, and approve the expenditure of money from such accounts. Upon written authorization from the President, the Treasurer of the Friends will make disbursement as approved by the President and the Superintendent. Restricted donations accepted by the Friends may only be disbursed for the purpose specified by the donor. ARTICLE IV. TERM OF AGREEMENT This agreement will be in effect for five (5) years from the date it is signed and entered into. At the end of the five (5) year term, the agreement will be reviewed and may be reaffirmed, modified or terminated by mutual agreement. ARTICLE V. KEY OFFICIALS This agreement will be signed by the Superintendent and the President. The Superintendent will designate a Park employee to represent the Park in all matters and dealings between the Friends and the Park. All questions regarding funding, activities, and agreements will be channeled through this representative to facilitate communications (See ARTICLE II). The Friends will designate a spokesperson, who may also be the President, who will be the official contact with the Park. This person will act as a representative in all activities and matters of mutual interest. ARTICLE VI. PROPERTY MANAGEMENT AND DISPOSITION OF FUNDS Park facilities or equipment (office space, furniture, etc.) made available to the Friends will be at the discretion of the Superintendent and will revert back to the Park when needed for official purposes or upon termination of the agreement. Any funds, including interest, generated by the Friends specifically for the Park, either through donations or fund-raising efforts, less outstanding obligations incurred through these activities, will revert back to the Park upon termination of this agreement. Funds generated through membership dues and general donations to the Friends shall remain in the treasury of the Friends upon termination of this agreement, except that upon dissolution of the Friends, the remaining funds, less outstanding obligations, shall be distributed to the Park. ARTICLE VII. PRIOR APPROVAL For any activity within the Park for which the Friends seek to charge a fee, or for any fund raising efforts within or in support of the Park, the Friends must obtain written approval in advance from the Superintendent. Net proceeds generated within the Park will be spent in a manner approved in writing by the Superintendent. ARTICLE VIII. REPORTS The Friends shall maintain a method of accounting, to the satisfaction of the Service, which correctly and accurately reflects the fees and donations received and monies disbursed by the Friends in connection with activities at the Park. The method of accounting, including bank accounts established for these activities, shall be separate from the accounting system used for any other business or fund operated and administered by the Friends or its members. All documents, books, and accounting records shall be open for inspection and re-inspection at any reasonable time during the term of this agreement and for twelve (12) months thereafter. In addition, the Park or its representative may, from time-to-time, conduct an audit and/or re-audit of the books and business conducted by the Friends and observe the operation of its business so that accuracy of the records can be confirmed. All information obtained in connection with the park inspection of records or audits shall be treated as confidential information unless otherwise stated by law. ARTICLE IX. TERMINATION This agreement may be terminated by mutual agreement at the end of five (5) years or sooner upon sixty (60) days written notice to the other party or automatically upon dissolution of the Friends organization. ARTICLE X. REQUIRED CLAUSES During the performance of this agreement, the participants agree to abide by the terms of Executive Order 11246 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 or national origin. No member 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. ARTICLE XI. APPROVED Amendments or modifications to this General Agreement may be made upon written consent of both parties. This agreement is valid from the date of signature or until terminated. Superintendent President of the Board Crater Lake National Park Friends of Crater Lake National Park Dated this ________day of_______________________, 2003. |