Cooperative Agreement
between the
United States Department of the Interior, National Park Service
and the
Friends of the Potomac
This agreement is made and entered into between The Friends of the Potomac (FOP) and the United States of America, U.S. Department of the Interior, National Park Service, National Capital Region (NPS).
ARTICLE I - BACKGROUND AND OBJECTIVES
WHEREAS, in 1997, the Potomac River was recommended, through a written "nomination", by numerous State and local governments, groups and organizations to be included as part of the American Heritage Rivers Initiative (AHRI) which was established by Presidential Executive Order 13061 on July 30, 1998 by Presidential Proclamation.
WHEREAS, the FOP, an organization of Potomac watershed organizations, was established as the principal non-profit organization to work on the Potomac American Heritage Rivers Initiative and support the objectives laid out by the Executive Order 13061 namely to support community-led efforts, that spur river-related sustainable economic revitalization, natural resources protection and preserve historic and cultural heritage.
WHEREAS, the NPS was requested and agreed to serve as the primary Federal sponsor for the Potomac River under the American Heritage Rivers Initiative by the Council on Environmental Quality.
WHEREAS, a federal government agency person, the "River Navigator", has been assigned to
help the Friend's of the Potomac implement the community's vision of the watershed and provide
a single contact/ liaison for all federal resources.
WHEREAS, there is an existing Memorandum of Understanding between the NPS and the FOP, executed on July 15, 1999 and which is superceded in its entirety by this Cooperative Agreement.
WHEREAS, the NPS owns and manages substantial acreage within the Potomac River watershed and conducts educational and information programs for youth and adults.
WHEREAS, the parties to this Agreement mutually wish to:
A. Simplify and expedite delivery of applicable federal and non-government services to communities in the Potomac River Basin.
B. Encourage coordination among federal agencies in order to minimize inconsistency and duplication, to reduce or eliminate conflicting priorities and programs and to achieve more efficient use of public funds.
C. Further facilitate collaboration with communities in the Potomac River Basin to work collaboratively with state and federal government agencies and the River Navigator
D. Complement the FOP’s efforts to facilitate cooperation basin-wide among federal, state, local and private entities to achieve the goals set forth in the Potomac River Visions study of 1994--a watershed strategy prepared by NPS, the Interstate Commission on the Potomac River Basin, and others, and the Friends nomination of the Potomac for American Heritage River status in 1997, including:
1. Restoring living resources, such as, historic Potomac fisheries.
2. Reducing acid mine drainage in the upper Potomac basin.
3. Fostering community and sustainable economic development throughout the basin.
4. Fostering the Chesapeake Bay Agreement Program goals.
5. Promoting appreciation and development of natural, heritage, and recreational assets.
6. Improving basin-wide educational efforts.
7. Encouraging more citizen involvement in decision making and community life.
WHEREAS, The FOP and the NPS have demonstrated a commitment to work on projects identified jointly and with other groups and agencies.
WHEREAS, The Friends and the NPS may work cooperatively on other goals, which are mutually agreeable.
WHEREAS, The NPS and the FOP agree that the activities under this Agreement will create no new regulatory requirements or rules for property owners or state or local governments.
WHEREAS, Executive Order 13061 of September 11, 1997 identified specific Federal agencies for involvement in the American Heritage Rivers Initiative (AHRI). These agencies are: Department of Defense, Justice, Interior, Agriculture, Commerce, Housing and Urban Development, Transportation, and Energy, the Environmental Protection Agency, the Advisory Council on Historic Preservation, the National Endowment for the Arts, and the National Endowment for the Humanities. Other federal agencies and departments have also volunteered their help, including Department of Education, Federal Emergency Agency, General Services Administration, and Small Business Administration.
These and other Federal agencies are encouraged to agree to:
A. Cooperate with the FOP, the NPS, and the River Navigator to develop strategies for achieving the goals of the American Heritage Rivers Initiative, the Nomination, the Potomac River Visions Report (1994), and such other goals upon which the NPS and the FOP may mutually agree.
B. Assist FOP, the NPS, and the River Navigator in identifying federal agencies and existing federal programs that might contribute to the goals of the American Heritage Rivers Initiative, the Nomination, the Potomac River Visions Report (1994), and such other goals upon which the NPS and the FOP may mutually agree.
C. Enter into stand-alone agreements with the FOP when such agreements will better serve the delivery of Federal assistance to the American Heritage River Projects as defined in Article I. D of this Agreement. The River Navigator will participate in the development of such agreements and the NPS will be notified of such.
ARTICLE II - AUTHORITY
This Agreement is authorized pursuant or consistent with the Act of August 25, 1916, otherwise referred to as the Organic Act, codified at 16 U.S.C. Section 1 et seq.; Section 508 of the 1986 Amendments to the Wild and Scenic Rivers Act, codified at 16 U.S.C. Section 1282(b)(1); Section 2(d) of the Outdoor Recreation Programs Act of 1963, codified at 16 U.S.C. Section 460l-1(d); the American Heritage River Initiative Executive Order of 1997 and other applicable statutory and regulatory authorities.
ARTICLE III – STATEMENT OF WORK
A. NPS agrees to:
1. Cooperate with the FOP to develop a strategy, by March 15 of each year, for pursuing the goals of the American Heritage Rivers Initiative, the Potomac AHRI Nomination, Potomac River Visions Report, and other such goals upon which the NPS and the FOP may mutually agree.
2. Recognize FOP as the lead non-profit organization for the Potomac American Heritage Rivers Initiative and other such goals upon which the NPS and the FOP may mutually agree.
3. Assist the FOP, through the River Navigator, to convene a Federal Agency Team to assist in identifying existing federal programs that are available to contribute to the goals of the American Heritage Rivers Initiative, the Nomination, the Potomac River Visions Report, and other such goals as the NPS and the FOP may mutually agree.
4. Provide office space, through the existing terms of the agreement with the General Services Administration. NPS will work with the FOP to identify future opportunities for the Potomac River Center office space.
5. Provide oversight, travel, office and administrative support for the River Navigator consistent with the approved strategy, work plan , budget policies and priorities of NPS (as described in Article IV below).
B. FOP agrees to:
1. Prepare and furnish to the NPS a list of local assistance needs and strategy to implement the Potomac American Heritage Rivers Initiative by March 15 of each year
2. Cooperate with the NPS, the River Navigator and any participating Federal agency to develop a strategy, by April 15 of each year, for achieving the goals of the American Heritage River Initiative, the Nomination, the Potomac River Visions Report (1994), and such other goals upon which the NPS and FOP may mutually agree.
3. Assist the River Navigator in working with Potomac River Basin communities and in identifying federal agencies and existing federal programs that might contribute to the goals of the American Heritage Rivers Initiative, the Potomac AHRI Nominations, the Potomac River Visions Report--a report prepared in 1994 at the request of Congress by the Interstate Commission for the Potomac River Basin and others, and other such goals as the NPS and the FOP may mutually agree.
4. Furnish the River Navigator relevant information regarding specific projects and other mutually agreed upon projects and activities during the next fiscal year.
5. Agree to a work plan between the FOP and the River Navigator by April 15 of each year. The work plan may be revised as necessary to reflect the availability of funds.
6. Prepare and furnish to the NPS, by November 15 of each year, a written status report on projects that were undertaken in the prior fiscal year and any necessary revisions to the April 15 strategy and work plan listing.
7. Convene a team of federal agencies, that agree to participate in the Potomac AHRI, in May and June of each year to facilitate delivery of applicable federal, state, and other services directly to those Potomac River Basin communities which requested assistance.
ARTICLE IV -TERM OF AGREEMENT
The Potomac American Heritage River Initiative portion of this Agreement has been approved until June 30, 2003, after which time it will be up to NPS to decide whether to continue providing appropriate services as part of its ongoing activities. The other provisions of this Agreement shall remain in force from the date of execution until September 30, 2006.
If the Friend's of the Potomac shall have satisfactorily performed the conditions of this agreement, it shall be renewed for successive five-year periods unless either (1) prior to the expiration of the agreement period the Regional Director shall state in writing publicly his reasons for determining that these conditions should not be renewed, or (2) prior to the expiration of the five-year period the Regional Director shall state in writing publicly that these conditions should not be renewed unless the conditions set forth in that written notice are met; and 3) unless such agreement is deemed inappropriate in light of changes within applicable laws or NPS policies.
ARTICLE V - KEY OFFICIALS
The personnel specified below are considered to be essential to ensure coordination and communication between the parties in the Agreement for the work to be performed. Upon written notice, either party may designate an alternate to act in the place of the designated key official, in an emergency or other short time period.
A. For NPS:
J. Glenn Eugster
Assistant Regional Director
National Park Service
National Capital Region
Partnerships Office
1100 Ohio Drive, SW, Room 350
Washington, DC 20242
202-619-7492
glenn_eugster@nps.gov
B. For FOP:
Anne M. White
Program Director
1730 K Street, NW, Suite 300
Washington, DC 20006
202-467-4000
Anne@potomacfriends.org
Charles D. Estes
Chairman of the Board
1730 K Street, NW, Suite 300
Washington, DC 20006
202-467-4000
ARTICLE VI – AWARD AND PAYMENT
A. General – The commitment of funds in furtherance of this Agreement will be authorized by individual Task Agreements issued against the Cooperative Agreement identifying each project or group of projects, amount of financial assistance, and any other special term or condition applicable to that project.
B. Payment/Invoices
1. Requests for Reimbursement and Advance of Funds (SF-270) will be submitted to the NPS Key Official noted in Article V. Payment will be made no more frequently than monthly and will be paid by Electronic Funds Transfer.
2. Any award is subject to availability of funds.
ARTICLE VII - PRIOR APPROVAL
A. Prior to reassigning any Key Official for NPS funded projects identified in this Cooperative Agreement or any Task Agreement to any other FOP programs, FOP shall notify the NPS Key Official reasonably in advance and shall submit a justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No substitution will be made without the written consent of the NPS Key Official.
B. Upon the request of the FOP, NPS may re-budget funds approved by this agreement. Re-budgeting, if approved, shall be done consistent with all appropriate laws, regulations and policies. However, post-award changes in budgets and projects shall require the prior written approval of the NPS Key Official as follows:
1. Any revision of the scope or objective of the project.
2. Any revision involving specific costs for which OMB Circular A-122 requires prior written approval.
3. The absence of either the approved principal or additional investigator, if any is specified in this Agreement, for more than three months or reduction in time devoted to the project by twenty-five percent or more. or
4. Increases in direct costs requiring transfer of amounts budgeted for indirect costs, or vice versa.
ARTICLE VIII - REPORTS AND DELIVERABLES
For all activities specified in this Agreement or any Task Agreement as modified, amended or supplemented, FOP shall notify the NPS of any difficulties or delays that materially impair FOP’s ability to meet the objectives of this Agreement or any Task Agreement. In notifying the NPS, FOP will describe what action FOP has taken, or is considering taking, to address the situation and what assistance FOP needs in so doing.
A. FOP shall submit as appropriate the following financial reports to the NPS Key Official:
1. Standard Form SF-269 or SF-269a, financial status report, due no later than ninety (90) calendar days after the end of each calendar year during the term of this Agreement, and 90 days after the end of this Agreement. and
2. Standard Form SF-272, Report of Federal Cash Transactions, due fifteen (15) calendar days following the end of each quarter during the term of this Agreement.
B. FOP shall submit final reports on projects to the NPS Key Official within 30 days after completion of the project, including an accounting of matching funds and services.
ARTICLE IX - PROPERTY UTILIZATION
The use, disposition, and/or acquisition of new or existing property shall be in accordance with the rules set forth at 43 CFR § 12.933 through 12.935, as amended.
ARTICLE X - MODIFICATIONS AND TERMINATIONS
A. This Agreement may be modified only by a written instrument executed by the parties.
B. Either party may terminate this Agreement by providing the other party with sixty (60) days advance written notice. In the event that one party provides the other party with notice of its intention to terminate, the parties will meet promptly to discuss the reasons for the notice and to try to resolve their differences. If agreement cannot be reached, at a minimum FOP shall return any unexpended funds and work completed to date.
C. In the case of termination, the NPS shall not be liable for any anticipatory profits. Costs of FOP resulting from obligations incurred by FOP after termination are not allowable unless the NPS expressly authorizes them in the notice of termination or subsequently. Other FOP costs after termination which are necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of termination, are not in anticipation of it, and are noncancellable. and
2. The costs would be allowable if the award expired normally at the end of the funding period in which the termination takes effect.
ARTICLE XI – GENERAL AND SPECIAL PROVISIONS
A. General Provisions
1. OMB Circulars and other Regulations - The following OMB Circulars and other regulations are incorporated by reference into this Agreement:
(a) OMB Circular A-110, as codified by 43 CFR Part 12, Subpart F, “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations.”
(b) OMB Circular A-122, “Cost Principles for Non-Profit Organizations
(c) OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations.”
(d) 43 CFR Part 12, Subpart D, “Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants).”
(e) 43 CFR Part 12, Subpart E, “Buy American Requirements for Assistance Programs.”
(f) FAR Clause 52.203-12, Paragraphs (a) and (b), “Limitation on Payments to Influence Certain Federal Transactions.”
2. Non-Discrimination - All activities pursuant this Agreement shall be in compliance with the requirements of Executive Order 11246; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§ 2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§ 6101 et seq.); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex.
3. Lobbying Prohibition - 18 U.S.C. § 1913, Lobbying with Appropriated Moneys- No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business.
4. Anti-Deficiency Act - 31 U.S.C. § 1341 - Nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations.
5. Minority Business Enterprise Development - Executive Order 12432 - It is national policy to award a fair share of contracts to small and minority firms. The NPS is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with 43 CFR § 12.944 for Institutions of Higher Education; Hospitals and other Non-Profit Organizations, and 43 CFR § 12.76 for State and Local Governments.
6. Liability - FOP shall be fully responsible for the acts and omissions of its representatives, employees, contractors and subcontractors connected with the performance of this Agreement. FOP, in furtherance of and as an expense of this Agreement, shall:
(a) Procure public and employee liability insurance from a responsible company or companies with a minimum limitation of one million dollars ($1,000,000), per person for any one claim, and an aggregate limitation of three million dollars ($3,000,000) for any number of claims arising from any one incident. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by, be for the account of, and be at the insured’s sole risk. Prior to beginning the work authorized herein, the FOP shall provide the NPS with confirmation of such insurance coverage.
(b) Pay the United States the full value for all damages to the lands or other property of the United States caused by such person or organization, its representative, or employees.
(c) Indemnify, save and hold harmless, and defend the United States against all fines, claims, damages, judgments, and expenses arising out of, or from, any omission or activity of such person or organization, its representatives, or employees.
7. Volunteers in the Park - All unpaid representatives of FOP conducting work under this Agreement shall be “volunteers in the parks” (VIPs) under 16 U.S.C. §§ 18g et seq. VIPs are not federal employees but shall be entitled to those benefits and protections related workmen’s compensation and federal tort claims as specified in the Volunteers in the Parks Act.
B. Special Provisions
1. Public Information
(a) The FOP will not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, pictures, movies, articles, manuscripts or other publications) which states or implies Governmental, Departmental, bureau, or Government employee endorsement of a product, service, or position which the NIBS represents. No release of information relating to this Agreement may state or imply that the Government approves of the work product of the NIBS or considers the NIBS’ work product to be superior to other products or services.
(b) The FOP will ensure that all information submitted for publication or other public releases of information regarding this project will carry the following disclaimer: The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government.
(c) The FOP will obtain prior NPS approval from the NPS Public Affairs Office before releasing for any public information which refer to the Department of the Interior, any bureau or employee (by name or title), or to this Agreement. The specific text, layout, photographs, etc., of the proposed release must be submitted to the Public Affairs Office along with the request for approval.
(d) The FOP further agrees to include the above provisions in any sub-award to any sub-recipient, except for a sub-award to a state government, a local government, or to a federally recognized Indian tribal government.
2. Publications of results of studies
No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publication of previously published technical matter. Publications pursuant to this Agreement may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties’ contribution to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion.
C. Certifications - The following form(s) are incorporated into this Agreement by reference. These certifications are required in accordance with the provisions of this Agreement:
DI-2010, U.S. Department of the Interior Certification Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirement and Lobbying.
D. Public Laws - This Agreement is subject to all laws, regulations and rules governing NPS property, and all other applicable laws and regulations, whether now in force or hereafter enacted or promulgated. Nothing in this Agreement shall be construed as in any way impairing the general powers of the NPS for supervision, regulation, and control of its property under any such applicable laws, regulations, and rules.
E. Severability - If any term or provision of this Agreement is held to be invalid or illegal, such term or provision shall not impact the validity or enforceability of the remaining terms and provisions.
ARTICLE XII - ATTACHMENTS AND APPENDICES
In addition to the attachments previously specified in this Agreement, the following documents, provided by FOP are attached to or incorporated by reference and made a part of this Agreement:
A. FOP’s Task Agreement and Budget.
B. Form SF-424, Application for Federal Assistance (incorporated by reference).
C. Form SF-424A, Budget Information (incorporated by reference).
ARTICLE XIII - SIGNATURES
IN WITNESS HERETO, the parties hereto have executed this Agreement on the date(s) set forth below:
FOR THE FRIENDS OF THE POTOMAC
___________________________________________ ____________________
Charles D. Estes Date
Chairman of the Board
Friends of the Potomac
1730 K Street, NW, Suite 300
Washington, DC 20006
202-467-4000
FOR THE NATIONAL PARK SERVICE
___________________________________________ ___________________
Terry Carlstrom, Regional Director Date
National Capital Region
National Park Service
1100 Ohio Drive, S.W.
Washington DC 20242
202-619-7000
____________________________________________ ___________________
Susan Bachmann, Contracting Officer Date
National Capital Region
National Park Service
1100 Ohio Drive, S.W.
Washington DC 20242
202-619-6374 voice
202-485-9720 fax
susan_bachmann@nps.gov
