It's Official
Jan 12 2021
During the Jan 11th Business Development
Authority (BDA) meeting, with a unanymous vote, the BDA
approved a memo of understanding agreement with the Elk River
Trails Foundation based out of Clendenin. The complete
agreement is posted below.
Laced with big words, we noticed something worth
mentioning. Look at Section 2.1 B. In plain speak, This
Memorandum of Understanding is not intended to form any legal
obligation whatsoever.
ELK RIVER TRAIL TOWN
PARTNERSHIP
MEMORANDUM OF
UNDERSTANDING
ARTICLE I
INTRODUCTION
SECTION 1.1
The incorporated rural communities of Clay,
Clendenin, Gassaway, and Sutton, West Virginia, are adjacent
to the Elk River Trails corridor (which includes the Elk River
rails-to-trails being developed as a part the state park
system and the Elk River Water Trail), and are working to
diversify economic development and to enhance the quality of
life for residents and visitors. These communities act as
gateways to the Elk River Trails corridor (Elk River Trails)
and provide numerous benefits. The incorporated communities
are herein referred to individually as a Trail Town or
collectively as Trail Towns.
SECTION 1.2
The Elk River Trail Foundation, Inc. (ERTF) was
formed as a non-profit corporation for the primary purposes of
(1) supporting and contributing to Elk River Trails projects
for recreation, conservation, ecology, education, and cultural
enrichment, and (2) cooperating with Parks and Recreation,
West Virginia Division of Natural Resources, to implement
projects associated with (a) existing and future
rails-to-trails, rails-with-trails, and spur line projects
along the Elk River Corridor, and (b) increasing and improving
public access to and use of the natural resources of the Elk
River as a water trail.
SECTION 1.3
The West Virginia Division of Natural Resources,
Parks and Recreation (DNR) is incorporating the
rails-to-trails and rails-with-trails project along the Elk
River into the state park system. The DNR also develops
locations for public access to the river.
SECTION 1.4
West Virginia University (WVU) has broad
educational, research and technical assistance resources that
can help with planning associated with the recreation economy.
The WVU Extension Service Rural Tourism Specialist can provide
support and coordinate the activities of the WVU Rural Tourism
Design Team to support goals and objectives identified by the
Partnership established pursuant to this Memorandum of
Understanding. Faculty from the WVU Rural Tourism Design Team
will (1) provide technical assistance to help the Trail Town
Partnership established herein accomplish its goals and
objectives, (2) evaluate and report to the public and
Partnership organizations on progress and accomplishments and
factors affecting the implementation of the Trail Town
Partnership’s goals, and (3) help to determine implementation
costs and identify funding sources. More information about the
WVU Rural Tourism Design Team can be found at
https://publicinterestdesign.wvu.edu.
ARTICLE II PURPOSE
SECTION 2.1
(a) Growing and maintaining a healthy recreation
sector requires stakeholder engagement to develop a strong
plan for the region’s future. These efforts present economic
opportunities to work together on sustainable trail and
recreation infrastructure development, workforce development,
business and entrepreneurial development, branding and
marketing, events and volunteer coordination, and health and
wellness. The purpose of this MOU is to form an informal
partnership (Partnership) to serve as a catalyst and forum for
the development of an integrated regional recreation economy.
(b) This Memorandum of Understanding is not
intended to form any legal obligation whatsoever. It is,
however, an expression of a commitment to work together
cooperatively to create an identity for the Elk River Trails,
to implement programs to develop trail town recreation
economies, and to market the area as a premier tourist
destination.
SECTION 2.2
The objective of the Partnership is to support
and develop recreation economies in the Trail Towns along the
Elk River Trails corridor. To accomplish this objective the
Partnership will:
• Promote the value of a regional recreation economy through
partnerships with appropriate governmental agencies and other
entities;
• Develop synergy and encourage collaboration among the Trail
Towns and participating partners;
• Maximize human and financial resources to sustain and grow
recreation economies;
• Stimulate marketing and promotion of the region, including
programs and events related to the Elk River Trails and Trail
Towns;
• Assist in regional planning and development of Trail Town
action plans;
• Act as a forum to raise visibility of projects in the Elk
River Trails corridor; and
• Work closely with appropriate entities to obtain technical
assistance for the purpose of initiating the partnership and
aligning partnership goals for recreation economies and the
mission of the Trail Town.
SECTION 2.3
The Partnership will also provide a means to
identify and facilitate, as necessary, collaboration and
partnership with various stakeholders in the furtherance of
the Partnership’s mission and initiatives. These stakeholders
may include, but are not limited to, state and federal
agencies, non-governmental organizations, non-profit agencies,
community groups, foundations, educational institutions,
professional associations, and individuals within and beyond
the Elk River Trails corridor.
SECTION 2.4
The Partnership will develop a regional branding
system that can be used by Trail Towns in marketing,
advertising, and way-finding efforts. The branding will be
developed to capture the symbiotic relationship of the Trail
Towns with the Elk River Trails, connect them under a
unified identity to help increase visibility of the region,
and allow for individualization to promote unique aspects of
each Trail Town. The Partnership will work collaboratively to
identify resources to support implementation of the brand.
Ownership of the brand, the branding system, and the
associated intellectual property rights will be vested in Elk
River Trail Foundation, Inc.
The name, logos, ads, publications, and
collateral materials are extensions of the brand. It is
important to ensure that these tools are used consistently to
communicate the desired brand attributes. Trail Towns, partner
organizations, businesses, and individuals may be given access
to the branding system per the guidelines established in the
branding style guide. Subject to ERTF Board approval, the
Trail Town Partnership Committee will establish general
guidelines about the types of organizations and businesses
that may use the brand and the conditions applicable to such
use. Permission to use these resources must be requested from
ERTF in writing on an application form approved by the ERTF
Board. Approval requires a simple majority agreement of the
Partnership Committee. Approval for use of Partnership
intellectual property will be granted only if the requested
use contributes to the purpose and objectives of the
Partnership. Permission to use the brand may be revoked by a
three-fourths majority vote of the Board. The Trail Town
Partnership Committee will notify the applicant in writing
within two weeks whether their request was approved or denied.
ARTICLE III
COMPOSITION AND GOVERNANCE
SECTION 3.1
The Partnership will consist of the Trail Towns;
Elk River Trail Foundation, Inc.; West Virginia Department of
Natural Resources, Parks and Recreation (DNR); West Virginia
University Cooperative Extension Service, Rural Development;
Braxton County Convention and Visitors Bureau; and other
entities who are approved by the ERTF Board, are invited to
join the Partnership, and execute this Memorandum of
Understanding.
SECTION 3.2
The Partnership will function as a standing
committee of ERTF in accordance with its bylaws. The Trail
Town Partnership Committee will include one representative
from each Trail Town, the President of ERTF, the District
Administrator of DNR or designee, WVUES, and such other
members as may be appointed in accordance with the bylaws of
ERTF. Each Trail Town must from time-to-time appoint a
representative who will attend meetings and have the authority
to act on behalf of the community represented. A
representative does not have the power to commit or act on
behalf of the municipality without specific approval from the
applicable municipal governing body. It is the responsibility
of each Trail Town representative to obtain proper approval
from their respective Trail Town before obligating the
municipality in any way. The representative must report the
work of the Partnership to the municipality, agency or entity
represented on a regular basis. Representatives serve at the
pleasure of their respective Trail Town or partnership entity.
Each entity will also appoint an alternate to attend in the
representative’s place as needed. A Trail Town representative
may also be a member of the ERTF Board of Directors.
Memorandum of Understanding for the
Elk River Trail Town Partnership
AUTHORIZED REPRESENTATIVES. By signature below,
the entity identified certifies that the foregoing Memorandum
of Understanding has been approved by the entity identified
and that the individuals listed below as representatives of
the entity are authorized to act in their respective areas for
matters related to this MOU. In witness whereof, the entity
identified has executed this MOU as of the date written below.
Authorized representative:
_________________________________________
Alternate: _________________________________________
Clay County Business Development Authority
By: _______________________________ ________________
Mitchell DeBoard Date
Its: President