Agreement between National Park Service and Friends of Twining Square
This agreement was signed by John Hale, Superintendent, National Capital Parks - East,
and Kathy Chamberlain, on behalf of Friends of Twining Square
on April 29, 2000.

ADOPT-A-PARK AGREEMENT
BETWEEN
UNITED STATES OF AMERICA
DEPARTMENT OF THE INTERIOR
NATIONAL CAPITAL PARKS-EAST
And
FRIENDS OF TWINING SQAURE


This 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 Twining Square, hereinafter referred to as "Sponsor".

Article I
Background and Objectives

WHEREAS, the National Park Service, represented by the Superintendent, National Capital Parks-East is responsible for the administration of Twining Square, which is located in the District of Columbia, for use and enjoyment of all people of the United States: and

WHEREAS, The Service and the Sponsor desire to cooperate for the purpose of keeping the park well maintained and beautified through this Adopt-A-Park program.

NOW, THEREFORE, pursuant to the authority contained in the Act of August 25, 1916 (39 Stat. 535;16U.S.C. §§1 et seq.), the parties in consideration of mutual promises herein expressed, do hereby agree as follows:

1. The Superintendent is authorized to enter into cooperative agreements with private persons and organizations to allow such private persons and organizations to maintain and beautify parks, under the jurisdiction of the National Park Service.
2. Consistent with the authority, the National Park Service, National Capital Parks-East has created a program, known as the Adopt-A-Park Program for the beautification and maintenance of National Park Service owned real property, within the jurisdiction of the National Park Service, whereby such property is to be used as public park sites.
3. The National Park Service desires to enter into cooperative agreements with private persons or organizations whereby such entities agree to provide or provide for the maintenance of the parks and agree to cooperate with and assist the National Park Service in the performance of the necessary administrative and regulatory functions essential to the implementation of the program.
4. Sponsor understands and accepts that where there are to be no changes in the appearance of the selected location (e.g., construction, landscaping, etc.) it must obtain the consent and approval of the National Park Service prior to implementation. Any such activity carried on without the prior consent of the National Park Service shall constitute a breach of this Agreement and may result in the termination of this Agreement.

TERMS

NOW THEREFORE, in consideration of the mutual covenants contained herein, The National Park Service, National Capital Parks-East and Friends of Twining Square agree as follows:


1. The recitals above shall be apart hereof and are incorporated herein by reference.
2. The term of this agreement shall be for (5) five years from the date herein at which time this Agreement shall automatically renew for an additional term of (3) three years, unless either party cancels this Agreement by written notice to the other. Such notice shall be given at least sixty days prior to the end of the current term.
3. During the term of this Agreement, Friends of Twining Square, and its officers, members, agents, employees, contractors and volunteers shall maintain the Park in the manner specified by the National Park Service. All members of the organization will sign up as volunteers (VIP). Only individuals who are certified volunteers are authorized by the National Park Service to engage in maintenance activities pursuant to this Agreement. Should any person who has not been certified as a Volunteer be found to be engaging in maintenance activities in the Park on behalf of the Friends of Twining Square, such event shall constitute a breach of this Agreement and may result in the termination of this agreement.
4. The National Park Service shall not be responsible for anyone engaging in maintenance activities in the Park except when the person(s) is/are certified as volunteers of the National Park Service through the Volunteers in the Park Program.
5. The Friends of Twining Square and its officers, members, agents, employees, contractors, and volunteers shall not be authorized by the National Park Service to perform maintenance or beautification activities that are not specified. Should any person perform maintenance activities on behalf of the Friends of Twining Square which are not authorized pursuant to this agreement, such event shall constitute a breach of this Agreement and may result in the termination of this Agreement.
6. The National Park Service shall retain permanent ownership and control of the park. The National Park Service reserves the right to cancel this Agreement within fifteen (15) fifteen days following written notice to the Friends of Twining Square of any breach of this Agreement. If this Agreement is so cancelled, there shall be no further obligations of either party.
7. The National Park Service and The Friends of Twining Square, and its officer's, members, agents, employees, contractors and volunteers shall comply with all Federal laws and regulations in the performance of all activities pursuant to this Agreement.
8. All notices required in this Agreement, including any change in the person designated to receive notices shall be sent by mail, messenger or facsimile to the person designated herein in writing by each party to receive such notice at the address(es) listed below:

IF NOTICE TO NATIONAL PARK SERVICE

Superintendent John Hale
National Capital Parks-East
1900 Anacostia Drive S.E.
Washington, D.C. 20020
Tel. No. (202) 690-5185
Fax No. (202) 690-0862

IF NOTICE TO FRIENDS OF TWINING SQUARE

9. If any term of this Agreement is held to be unenforceable, all other terms of the Agreement shall remain enforceable to the fullest extent permitted by law.
10. This Agreement shall be valid, binding and enforceable against the parties and their successors and assigns and the parties warrant to each other that the persons signing this Agreement on their behalf is/are authorized to do so.
11. Failure of either party to enforce any provision of this Agreement shall not be deemed to be a waiver of such provision unless otherwise specified in writing by the party making the waiver.
12. Modifications to this Agreement must me in writing and must be signed by both parties.

IN WITNESS WHEREOF, THIS Agreement is dated and effected as of the date affixed with the signature of the Superintendent of National Capital Parks-East.

For National Capital Parks-East
Signature:


signed 4/29/00
_____________________________
John Hale, Superintendent

For Friends of Twining Square
Signature:


signed 4/29/00
______________________________
Kathy Chamberlain

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