MEMORANDUM OF AGREEMENT
THE UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
EVERGLADES NATIONAL PARK
40001 STATE ROAD 9336
HOMESTEAD, FLORIDA 33034-6733
THE NATIONAL PARK FOUNDATION
1101 17TH STREET NW, SUITE 1102
WASHINGTON, D.C. 20036
This Memorandum of Agreement is between the National Park Service,
Everglades National Park (hereinafter the PARK), an agency of the United States
Department of the Interior, acting in this behalf through the Superintendent of
Everglades National Park, or his designee, and the National Park Foundation
(hereinafter the FOUNDATION), a non-profit corporation chartered by Act of
Congress, acting through its President.
Whereas, it is the purpose of the National Park Service to preserve, interpret, and
mange the National Park System for the benefit, education and enjoyment of the
people of the United States, as provided for in the Act of August 25, 1916 (16 U.S.C.
1 et seq.); and
Whereas, the FOUNDATION is authorized by Act of Congress to receive and
administer donations made for the benefit of units of the National Park System;
Whereas, 48 STAT. 816 passed May 30, 1934, provided for the establishment of
Everglades National Park in the State of Florida, and
Whereas, the National Park Service and Everglades National Park recognize
their responsibilities to control exotic pest plant species to prevent or reverse
disruption to native communities, and
Whereas, Everglades National Park shall establish a regional mitigation bank
within the area known as the Hole-in-the-Donut, through a Clean Water Act,
section 404 permit through the U.S. Army Corps of Engineers and the Florida
Department of Environmental Protection, for receipt of funds from various
development actions in the southern Florida area for restoration of the Hole-in-
Whereas, the purpose of this Memorandum of Agreement is to establish terms for
the FOUNDATION's administration of such funds.
Now, Therefore, pursuant to the authorities set forth above, the PARK and the
FOUNDATION do hereby agree as follows:
1. TRUST FUND.
The FOUNDATION shall establish the "Everglades National Park Freshwater
Wetlands Mitigation Trust Fund" (hereinafter the FUND) through which it will
manage funds transferred from requests by mitigation applicants to utilize for
mitigation purposes the Everglades National Park Mitigation Bank in the Hole-in-
the-Donut. Monies from the FUND shall be used soley for restoration, research,
monitoring and long term management of former wetlands within the "Hole-in-
the-Donut" area of Everglades National Park, and as determined soley by the
PARK for other purposes relating to this mitigation and restoration work.
Elements of the project are detailed in a report entitled Restoration of Former
Wetlands within the Hole-in-the-Donut in Everglades National Park, attached
hereto as exhibit A.
2. INVESTMENT OF THE FUND.
Unless otherwise agreed by the PARK and the FOUNDATION, the
FOUNDATION shall invest monies contained in the FUND in U.S. Government
and Agency issues, with a ten year maximum maturity, and cash equivalents.
All interest earned shall be credited to the FUND. The FOUNDATION shall be
entitled to a fee for the management investment and audit services contemplated
hereunder in the amount of 1% of the monies transferred to the FUND from
applicants to the Everglades National Park Mitigation Bank.
3. REIMBURSEMENT PROCEDURES.
The PARK shall establish a reimbursable account into which the FOUNDATION
shall transfer monies from the FUND upon request of the PARK. Monies so
transferred shall be used for or to reimburse expenditures for the purposes set
forth above and in accordance with the Everglades National Park Mitigation Bank
Permit requirements. The PARK shall send a written request to the
FOUNDATION requesting funding transfers approximately four times per year.
The FUND will be audited annually by the FOUNDATION's auditors in
connection with the June 30th fiscal year audit of the FOUNDATION's financial
(a) Term of Agreement. This Memorandum of Agreement shall be for twenty
(20) years, beginning on the latest day and year noted on the WITNESS blocks, and
may be terminated upon sixty days notice by either party, provided that such
termination must be in accordance with applicable provisions of Everglades
National Park Mitigation Bank Permit requirements and any other agreements
the PARK may have regarding completion of mitigation work for monies already
distributed for that purpose related to mitigation within the Hole-in-the-Donut.
Any monies contained in the FUND upon such termination will be disposed of as
directed by the PARK. This agreement may be renewed and extended by mutual
written agreement of both parties.
(b) Required Clause. 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 restriction shall not be construed to
extend to this Agreement if made with a corporation or company for its general
(c) Required Clause. The FOUNDATION agrees that all its activities shall be
conducted in accordance with all applicable laws and regulations, both State and
Federal. Specifically, the Association shall comply with the requirements of (a)
Executive Order No. 11246 of September 24, 1967, (b) Title V., Section 503 of
Government Contractors and Sub-contractors to take affirmative action to employ
and to advance in employment qualified handicapped individuals, and (c) with
regulations heretofore or hereafter promulgated, relating to non-discrimination
in employment and in providing facilities and service to the public.
d) Key Officials for the PARK. Richard Ring, Superintendent, will provide
review and approval of terms of all agreements and will exercise the authority to
approve conduct of agreements regarding Everglades National Park. Robert F.
Doren, Assistant Research Director, will act as the Superintendent's authorized
and designated representative with regard to implementation and coordination of
this agreement. Written notice shall be provided to the FOUNDATION of any
changes in key officials within thirty (30) days of such change.
el Key Officials for the FOUNDATION. The President of the FOUNDATION
will provide review and approval of terms of all agreements and will exercise the
authority to approve conduct of cooperative projects regarding The National Park
FOUNDATION. The Controller with the National Park FOUNDATION, will
provide contracting authority and fiscal control for the FOUNDATION. The
FOUNDATION shall provide written notice to the PARK of any change in
authorized technical representative within thirty (30) days of such change.
f) Maintenance of Records. The FOUNDATION shall keep accounting
records which conform with generally accepted accounting principles which
shall include, but not be limited to, a cash receipt journal, general ledger, and all
such subsidiary ledgers as reasonably necessary. All such records will be
retained by the FOUNDATION for not less than five (5) years beyond the term of
g) Access to Records. The FOUNDATION shall provide access to all their
records of or relating to this project and agreement, and agrees to provide such
assistance as may be necessary to facilitate their review by the PARK when
deemed necessary by the either to insure compliance with accounting and
financial standards. The PARK shall have the right to access all records for not
less than five (5) years beyond the terms of this AGREEMENT. The
FOUNDATION shall make all records or documents which relate to this
AGREEMENT available to the PARK at the FOUNDATION's offices during
regular business hours.
h) Preparation and Submission of Reports. An annual report shall be
generated by the FOUNDATION and provided to the PARK for distribution to any
parties of their choosing. The FOUNDATION's reports shall include a statement
showing the amount of funds received to date for the Everglades National Park
Mitigation Bank and a summary of account activities (deposits and expenditures)
relating to the Mitigation Bank, Hole-in-the-Donut restoration project.
IN WITNESS WHEREOF, the PARK and the FOUNDATION have caused this
Memorandum of Agreement to be executed this day of _, 1993.
National Park Foundation
Alan A. Rubin, President
National Park Service
Richard Ring, Superintendent
Sherry Dague, Contracting Officer