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    2015 - FOTR DPR Cooperative Agreement Executed

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    FOTR Agreement

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    2015 - FOTR DPR Cooperative Agreement Executed

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    Anonymous kD5AA0
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    FOTR Agreement

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    FOTR Agreement

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    Download as pdf
    8 views18 pages

    2015 - FOTR DPR Cooperative Agreement Executed

    Uploaded by

    Anonymous kD5AA0
    FOTR Agreement

    Copyright:

    © All Rights Reserved
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    PARK PARTNER COOPERATIVE AGREEMENT BY AND BETWEEN ‘THE DISTRICT OF COLUMBIA DEPARTMENT OF PARKS AND RECREATION AND FRIENDS OF TAKOMA RECREATION CENTER ‘This Park Partner Cooperative Agreement (lierein referred to as “the Agreement") is made and entered on this 9" day of June 2015 by and between the District of Columbia, a Municipal Corporation, acting by and through the District of Columbia Department of Parks and Recreation (“DPR”) and the Friends of Takoma Recreation Center (the “Park Partner”), a District of Columbia 501(c)(3) not for profit corporation whos mission includes supporting the Takoma Recreation Center and Park, located at 300 Van Buren Street, NW, Washington, DC 20012(the “Park") by advocating, fundraising, maintaining ‘and assisting in the planning process for the Park. Recitals WHEREAS, pursuant to D.C. Official Code § 10-304(a) and Title 19 of the District of Columbia Municipal Regulations (“DCMR”), § 1105, DPR may form partnerships with neighborhood, community and civic groups to permit private persons and organizations to improve and beautify parks, playgrounds, and recreation centers under DPR’s jurisdiction and to accomplish a stated goal or mission of DPR; and WHEREAS, consistent with the aforementioned authority afforded DPR, DPR has instituted programs known as the “Adopt-a-Park Program” and the “Friends of Program” for the improvement, beautification, advocacy, fundraising, and certain maintenance of DPR managed real property, also known as public park sites; and WHEREAS, DPR desires to enter in cooperative agreements with individuals, corporations, associations, community and/or neighborhood civic groups or organizations whereby such entities or persons agree to provide for or cause to be provided for the maintenance, renovation, and/or beautification of park sites and agree to cooperate with ‘and assist DPR in the performance of the necessary administrative and regulatory functions essential to the implementation of such programs; and WHEREAS, DPR is the District of Columbia agency charged with the management and operation of the Park; and WHEREAS, the Park Partner desires to participate in the “Friends of Program”, and perform certain fundraising, advocacy, improvement, maintenance, beautification, and/or coordination of such activities at the Park, pursuant to the responsibilities outlined and agreed upon in this Agreement; and Park Partners Cooperative Agreement 1 June 9, 2015 WHEREAS, the Park Partner is a District of Columbia 501(¢)(3) not for profit corporation whose mission includes supplementing the work of DPR as it relates to the Park, and the Park Partner acknowledges itis in good standing with the District of Columbia and is authorized to execute and perform this Agreement; and WHEREAS, it is understood and agreed between the parties to this Agreement that any and all construction, fundraising on Park property, maintenance, and coordination of the improvements at the Park, including but not limited to landscaping and/or installation of ‘equipment of any sort located on the Park property, must be prior approved by DPR in «writing notwithstanding any other provision contained herein; and WHEREAS, itis understood and agreed that prior to the entry onto the Park for purposes of the Agreement, the Park Partner shall specifically obtain from DPR any and all necessary approvals and permits onto seid property, as may be required by DPR before entering onto the Park property for the purpose of making physical improvements to the property, such as, but not limited to, moving earth, planting trees, or constructing an addition to existing structures; and WHEREAS, it is understood and agreed that DPR, insofar as it is legally permitted to do s0, shall assist Park Pariner in obtaining the required permits or licenses directly related to Park Partner's activities on said property; provided however the Park Partner shall bear any and all costs and expenses connected in any way with obtaining said permits and licenses; and WHEREAS, the signatories of the Agreement accept the division of liability and duties enumerated herein. NOW THEREFORE, the Parties hereto agree as follows: 1. Scope of Agreement a, General. This Agreement shall apply to maintenance of and improvements to the Park and Park Partner's activities at the Park. The recitals above are incorporated herein and made a part of this Agreement. b. Park Improvement Plan. In accordance with 19 DCMR § 1105.4, Park Partner shall submit to the Director of DPR, a plan for the maintenance, beautification, general improvements to the Park, and where applicable a Statement or Scope of Work, which upon acceptance by DPR, will be considered an addendum to this Agreement and shall be appended to this Agreement as Exhibit “A.” Park Pariners Cooperative Agreement 2 June 9, 2015 I Term This Agreement shall become effective as of the date of full execution and shall continue in force and effect for a period of three (3) years (the “Initial Term”) from the date thereof, unless earlier terminated by DPR or the Park Partner as herein provided. Upon expiration of the Initial Term, the Agreement may be renewed for an ‘additional three (3) years, or a lesser term (the “Renewal Term”) but only by written agreement by the parties hereto. If Park Partner desires to extend the Initial Term, it should provide written notice to DPR at least thirty (30) days, but not more than one hundred eighty (180) days prior to the expiration of said Initial Term. Notice shall be provided in accordance with Section IV of this Agreement. IIL, Specific Responsi a, Park Partner i. Securing Advisory Neighborhood Commission (ANC) ‘Approval. Park Partner has presented its Park Improvement Plan and explained its fundraising purpose and goals at a duly noticed and convened public meeting of the ANC within whose Commission boundaries the Park is located /Park PartneP has ii, Community Inclusion. Park Partner agrees to pro\ ‘opportunities for participation to all who request to join the Park Partner. Park Pariner agrees to provide the names and contact information for each of its participants to DPR upon written request and to maintain this information in an in-house database. iii, Regular Public Meetings. Park Partner shall hold quarterly public meetings, preferably at the Park site, in order to engage the public in discourse regarding the Park, receive suggestions, and to discuss Park Partner's activities and progress. All public meetings of Park Partner shall be scheduled reasonably in advance and publicly advertised, Park Partner agrees to give advance notice to DPR of when and where each public meeting is scheduled. Minutes from ‘quarterly meetings shall be submitted with quarterly reports. iv. Monthly Site Visit. Park Partner agrees to visit the park site no less than once per month and submit quarterly reports to DPR summarizing its activities using the quarterly reporting form provided via email by DPR at the end of each quarter, Park Partners Cooperative Agreement 3 June 9, 2015 y. Improvements and Approvals, During the term of this ‘Agreement, Park Partner, and Park Partner's officers, members, agents, employees, contractors and volunteers shall improve and ‘maintain the park site in the manner specified in the Park Improvement Plan, Park Partner shall submit all construction plans and designs to DPR for prior approval. Park Partner understands and accepts that all changes and improvements to the Park pursuant to this Agreement shall become the property of the District of Columbia government, subject to DPR’s prior inspection and approval of such changes and/or improvements. vi. Training. As appropriate, and subject to logistical, time and cost constraints, Park Partner shall make best efforts to take advantage ‘of workshops, training, resources and events hosted by DPR, provided that DPR provides Park Partner reasonable advance notice. vii, Standards, Park Partner agrees to abide by DPR’s landscaping design standards and any other District or DPR regulations, rules ‘and policies relating to parks and the subject matter hereof, as well 1s subsequent changes and additions made to such standards, regulations, rules and policies. viii, Fundraising. Park Partner may condvet fundraising activities at the Park to support the Park’s facilities, services and programs. Al such fundraising activities shall be subject to applicable law, the terms of this Agreement and the Park Improvement Plan. Further, fundraising at the Park may only occur with prior ‘authorization from the Director and subject to DPR’s approval of Park Pariner’s fundraising application. Park Partner should contact, the DPR contact listed in Section IV below to discuss potential fundraising ectivities before any application is submitted or any fundraising occurs. ix, Maintenance of Corporate Existence. Partner agrees that it shall ‘maintain its corporate existence in good standing under the laws of the District of Columbia as a not for profit corporation and shall ‘maintain its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for the duration of this Agreement. The Federal Employer Identification Number of Park Partner is $2-205-2993 x. Repository of Funds. Park Partner agrees to diligently engage in fundraising for the purpose of park site improvements (where applicable) and to maintain all funds raised for the Park in a

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