Cooperative Agreement
between the
United States Department of the Interior, National Park Service
and the
Metropolitan Washington Council of Governments
June 4, 2002
This agreement is made and entered into between the Metropolitan Washington Council of Governments (COG or The Council) 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, greater national and international attention is currently being given to more systematic approaches to the planning and management of park, recreation, forest, agricultural and ‘other’ green infrastructure lands. Increasingly communities understand the environmental, economic and social benefits derived from the use, conservation, restoration and protection of these public and private lands.
WHERAS, public and private leaders are also beginning to view State and local government and private investment in community parks, recreation areas, riparian buffers, and other green space as investments in the community’s “infrastructure –its green infrastructure”.
WHEREAS, parklands, agricultural lands, recreation areas, forests, waterways and wetlands – when strategically designed to provide economic, environmental and social benefits – make up the green infrastructure that allows development to profit from the aesthetic benefits and from reduced need for investments in gray infrastructure.
WHEREAS, green infrastructure conserves natural ecosystem values and functions. It is the strategic conservation framework needed for environmental, social, and economic sustainability.
WHEREAS, the recognized public values and functions of such a green infrastructure system can help governments and the private sector to:
Build a linked metropolitan park, green space and recreation system that goes beyond the various federal, state, city jurisdictional boundaries and authorities;
Provide opportunities for recreation, natural and cultural education and tourism;
Improve environmental quality through ambient air quality improvement, noise abatement, microclimate enhancement, storm water management and soil and groundwater management;
Protect and restore water quality and resource quantity with their important benefits to human and living resource health;
Enhance opportunities for local truck crops, community gardens and vegetable gardening;
Provide opportunities for healthy walking, hiking and biking for recreation, commuting and travel;
Provide wildlife habitat and movement;
Enhance urban design through aesthetic quality improvement, preservation of sense of place and public access improvement.
Extend the ecological services and public benefits of green infrastructure into under-served neighborhoods of the D.C. metropolitan area.
WHEREAS, the National Park Service owns and manages substantial acreage within the Washington metropolitan region, and manages state, local and private sector parks, open space and recreation programs.
WHEREAS, the Nation's Capital is a great city that is based on visionary plans. Local leaders, that have been involved in discussions about this project, agreed that the metropolitan Washington region's existing network of parks can serve as a foundation for completing a more comprehensive system of parks, open space and recreation areas.
WHEREAS, parks, recreation areas and region’s green infrastructure is important to the livability of metropolitan Washington and worthy of an increased public-private locally-led partnership effort.
WHEREAS, the Council of Governments and the National Park Service have demonstrated a commitment to work on a national demonstration project to implement the green infrastructure approach through a collaborative, community-lead, public and private partnership within the Washington, DC metropolitan area;
WHEREAS, the Green Infrastructure Demonstration Project is intended to demonstrate techniques for the conservation of forest cover, and the protection and management of park, recreation and open space land by local governments and private groups through the use of green infrastructure approaches;
WHEREAS, the parties to this Agreement mutually wish to:
A. Present the public and government officials with accurate informative, educational and understandable information on the region's parks, open spaces and recreation areas, their managers and stewards and the issues they address the people and living resources that depend on these areas, and the relationship of these areas to other public uses and activities.
B. Encourage collaboration and coordination among federal, state and local government 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 cooperation with communities in the Washington metropolitan region to work cooperatively with state and federal government agencies and the private sector.
D. Enter into stand-alone agreements with The Council when such agreements will better serve the delivery of Federal assistance to the Green Infrastructure Project.
E. Enhance knowledge of forested lands within the metropolitan region in order to gain a better understanding of how forest cover is affecting regional water quality and the Chesapeake Bay. Also, work with regional forestry and environmental personnel to help protect and enhance the region's environment for human and wildlife habitat.
F. Achieve a metropolitan region that has achieved a balance between the built environment and green space, sustained by natural processes able to support and enhance the quality of life for its people and communities.
G. Move the parks, open space and recreation areas--the green infrastructure of the Washington metropolitan area-- to the forefront of their neighbors consciousness when they think of recreational, environmental leadership, superior education, cultural preservation, stewardship, natural resources, ecosystem management, the myriad of elements that contribute to an excellent quality of life.
H. Build a lasting public constituency to create a model public and private partnership for a metropolitan region system of park, open space and recreation areas that addresses the needs of people, landscapes and nature.
I. Improve communication to the residents of the Washington metropolitan area about the extensive park, open space and recreation resources that exist and that have a direct impact on their quality of life.
J. Educate and motivate the public to help ensure long-term protection of park and open space resources.
K. Improve the public’s awareness of the park, open space and recreation area land management efforts in the region.
WHEREAS, the Council and the NPS may work cooperatively on other goals, which are mutually agreeable.
ARTICLE II - DEFINITIONS
"Green infrastructure" means our Nation's natural life support system-an interconnected network of waterways, wetlands, woodlands, wildlife habitats, and other natural areas; greenways, parks and other conservation lands; working farms, ranches, and forests of conservation value; and wilderness and other open spaces that support native species, maintain natural ecological processes, sustain air and water resources and contribute to the health and quality of life for America's communities and people.
"Green Infrastructure Demonstration Project" means a project intended to demonstrate techniques for conservation of forest cover, and the protection and management of park, recreation and open space land by local governments and private groups through the use of green infrastructure approaches.
"Local Partners" means any local governments, or private non-profit organizations.
ARTICLE III - 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); The Outdoor Recreation Programs Act of 1963,particularly 16 U.S.C. Section 4601-1(d), 4601-1(f); the American Heritage River Initiative Executive Order of 1997 and other applicable statutory and regulatory authorities.
ARTICLE IV – STATEMENT OF WORK
NPS and the Council of Governments view this effort as a partnership. Both organizations will work collaboratively on the overall project and consult regularly to insure coordination on individual tasks and activities. Whenever possible, a consensus-based approach will be used to make decisions and reach agreements. Each organization will be sensitive to the mission and responsibilities of the other, and work to be supportive of their role and perspective in this project.
All products and reports will be prepared with input from both organizations, and whenever possible, reflect the point of view and conclusions of each. Public meetings and events will include recognition of this collaborative effort.
Both parties agree to:
A. Exchange Best Management Practices: The parties will work with the Potomac Urban River Watershed Management Regional Steering Committee to participate in the exchange and to develop a series of off-the-shelf "Best Management Practices" for green infrastructure creation and management.
B. Project Development: Provide oversight, travel office and administrative support for the "Green Infrastructure Demonstration Project" on a day-to-day basis, consistent with this agreement, work plan and budget.
C. Green Infrastructure Forums & Workshops: Establish and maintain a Regional Green Infrastructure Forum to be housed at COG to highlight and disseminate information on issues pertaining to green space programs, initiatives and innovations both nationally and internationally.
NPS agrees to:
A. Cooperate with the Council as a lead community-based, local government organization respecting the Green Infrastructure Demonstration Project and other such goals upon which the National Park Service and the Council may mutually agree;
B. Develop and agree on a communication message and brand image for all of the parks and public open spaces of the Metropolitan Region. Develop site-specific images for each major park, open space or recreation area that captures the essence of each unit and that are consistent with the collective image in style, format and media.
C. Provide office space, consistent with budget policies and priorities and through the existing terms of the agreement with the General Services Administration. Once the existing agreement expires, NPS will work with COG to identify future opportunities for office space within the metropolitan region and may supply such assistance consistent with budget policies and priorities.
D. Provide oversight, travel, office and administrative support for the NPS Project Manager consistent with the approved strategy, work plan and budget policies of NPS.
The Council of Governments agrees to:
A. Cooperate with the NPS, through the Project Manager, and other appropriate public agencies and private organizations, to protect, restore, manage and enjoy parks, open spaces and recreation areas.
B. Catalogue, and convene a forum to discuss, existing mapping efforts where COG is identified as the regional coordinator. COG would work with existing member governments, regional federal and state agencies and constituents to obtain and catalogue regional data sets.
C. Provide office space for a staff person assigned to the Green Infrastructure: Green Space for Living Demonstration Project either as a result of a work detail exchange through NPS or for a short or long-term intern hired by COG or NPS for the project. It is understood that this staff person should be available for work with COG or NPS staff specifically for the Green Infrastructure Project. This staff person would not be paid by COG unless hired specifically by COG. This arrangement may remain in effect for the term of this agreement unless extended in writing by both parties.
ARTICLE V - TERM OF AGREEMENT
The provisions of this Agreement shall remain in force for five years from the date of execution. The date of execution is the date of the last signature affixed to this Agreement. The Agreement may be automatically renewed at the end of each five-year period if both parties agree, in writing, in advance of the end-date.
ARTICLE VI - 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, and agreement by both NPS and the Council, 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 telephone
(202) 619-7220 fax
glenn_eugster@nps.gov
B. For COG:
Brian M. LeCouteur, Environmental Planner/ Urban Forester
Department of Environmental Programs
Washington Metropolitan Council of Governments
777 North Capitol Street, NE, Suite 300
Washington, DC 20002-4239
(202) 962-3393 telephone
(202) 962-3203 fax
blecouteur@mwcog.org
ARTICLE VI - AWARD AND PAYMENT
A. General – The commitment of funds in furtherance of this Agreement will be authorized by individual Task Agreements that are subject to the terms of this Cooperative Agreement and identify 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 VIII - 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 COG programs, COG 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 Council, 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.
4. Increases in direct costs requiring transfer of amounts budgeted for indirect costs, or vice versa.
ARTICLE IX - REPORTS AND DELIVERABLES
For all activities specified in this Agreement or any Task Agreement as modified, amended or supplemented, COG shall notify the NPS of any difficulties or delays that materially impair COG’s ability to meet the objectives of this Agreement or any Task Agreement. In notifying the NPS, COG will describe what action COG has taken, or is considering taking, to address the situation and what assistance COG needs in so doing.
A. COG 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. COG shall submit final reports on projects to the NPS Key Official within 90 days after completion of the project, including an accounting of matching funds and services.
ARTICLE X - 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 XI - 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 COG 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 COG resulting from obligations incurred by COG after termination are not allowable unless the NPS expressly authorizes them in the notice of termination or subsequently. Other COG costs after termination which are necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations that 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 XII - 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.
Liability
COG shall be fully responsible for the acts and omissions of its
representatives, employees, contractors and subcontractors connected with the
performance of this Agreement and shall 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 persons or
entities.
(b) COG shall 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 insurer's sole risk. Prior to beginning the work authorized herein, COG shall provide the NPS with confirmation of such insurance coverage.
(c) COG shall 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.
7. Volunteers in the Park - All unpaid representatives of COG 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) COG 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 COG represents. No release of information relating to this Agreement may state or imply that the Government approves of the work product of COG or considers COG’ work product to be superior to other products or services.
(b) COG 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) COG will obtain prior NPS approval from the NPS Public Affairs Office before releasing for any public information which refers 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) COG 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 Department, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirement and Lobbying.
D. This Agreement is subject to all laws, regulations and policies governing NPS property, and cooperative or partnership agreements, and all other applicable laws and regulations, and policies 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 policies.
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 XIII - ATTACHMENTS AND APPENDICES
In addition to the attachments previously specified in this Agreement, the following documents, provided by COG are attached to or incorporated by reference and made a part of this Agreement:
A. COG’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 XIV - SIGNATURES
IN WITNESS HERETO, the parties hereto have executed this Agreement on the date(s) set forth below:
FOR THE METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS
___________________________________________ _____________
Michael Rogers, Executive Director Date
Metropolitan Washington Council of Governments
777 North Capitol Street, NE, Suite 300
Washington, DC 20002-4293
(202) 962-3200
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
____________________________________________ ___________________
Thomas M. McConnell, Contracting Officer Date
National Capital Region
National Park Service
1100 Ohio Drive, S.W.
Washington DC 20242
202-619-6366 voice
202-485-9720 fax
tom_mcconnell@nps.gov
Attachments
A. COG’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).
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