COOPERATIVE AGREEMENT NO. P12AC3XXXX. between the U. S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE YOSEMITE NATIONAL PARK.

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1 COOPERATIVE AGREEMENT NO. P12AC3XXXX between the U. S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE YOSEMITE NATIONAL PARK and the COUNTY OF MARIPOSA This Cooperative Agreement is entered into between the Department of the Interior, National Park Service, hereinafter known as the NPS, Yosemite National Park, hereinafter known as the YosemiteYOSE, and the County of Mariposa, hereinafter known as Mariposa County. Throughout this Cooperative Agreement the NPS and Mariposa County may be referred to jointly as the parties. CFDA #: , Natural Resource Stewardship ARTICLE I BACKGROUND AND OBJECTIVES The County of Mariposa, Mariposa County, is a county government in the State of California located in the western foothills side of the of the Sierra Nevada Mountains. The eastern half of Mariposa County encompasses the majority of Yosemite National Park (YosemiteYOSE). Public Law , Section 102, as codified under, 16 U.S.C. 346e, authorizes YosemiteYOSE to provide for park facilities outside of the boundaries of the park. YosemiteYOSE and Mariposa County seek to enter into a Cooperative Agreement to sublease space in Mariposa, California. This would establish essential facilities for park administration and visitor use outside of Yosemite National Park. First, this would accommodate the relocation of certain functions and positions from within the park that are essential to park administration and visitor use. Secondly, Mariposa County has a lease located at 5037 Stroming Road in the City of Mariposa. This is the former location of the Mariposa County Behavioral Health and Recovery Services and is leased by the county from a private owner. This office space is within the vicinity of YosemiteYOSE. Thirdly, this cooperative relationship would be in conformity with approved plans for YosemiteYOSE because the office space in the City of Mariposa has been identified in a number of planning documents, including the park s General Management Plan. This would be an effective way to reduce the need for administrative office space within Yosemite National Park, and as a means to help reduce traffic congestion within Yosemite Valley. Over eighty positions and functions have been identified as being able to work remotely from the park in Mariposa, California. Relocating functions will be advantageous for YosemiteYOSE Page 1 of 13

2 because it will allow the park to eliminate some of its rented office trailers. As a result and in addition to the economical price of the Mariposa office space, this will provide an enormous cost savings to the Federal Government in comparison to the current federal General Services AdministrationGSA rates. Further, in establishing NPS functions in Mariposa will assist the park in recruiting and retaining employees, some of whom currently commute over one hour for jobs that could be accomplished in Mariposa. During emergencies such as rockfalls, major snow storms, and wildland fires, an office in Mariposa would support a continuity of NPS operations during closures of primary transportation corridors. Finally, establishing a NPS office space in Mariposa will reduce the future demand on office space within the park in Yosemite Valley and at the adjacent El Portal Administrative Site. Both parties to this Agreement wish to cooperate with one another for their own mutual benefit and for the general benefit of the people of the United States and future generations. This Cooperative Agreement will benefit the public by allowing for continuity in park administration in case of emergency as well as for visitor use along the route into Yosemite National Park. ARTICLE II LEGAL AUTHORITY 16 U.S.C. 346e Authorization for Park Facilities to be located outside the boundaries of Zion National Park and Yosemite National Park In order to facilitate the administration of Zion National Park and Yosemite National Park, the Secretary of the Interior is authorized, under such terms and conditions as he may deem advisable, to expend donated or appropriated funds for transportation systems or for the establishment of essential facilities for park administration and visitor use outside the boundaries, but within the vicinity, of the park. Such systems or facilities and the use thereof shall be in conformity with approved plans for the park. The Secretary shall use existing facilities wherever feasible. Such facilities may only be constructed by the Secretary upon a finding that the location of such facilities would-- (1) avoid undue degradation of natural or cultural resources within the park; (2) enhance service to the public; or (3) provide a cost saving to the Federal Government. The Secretary is authorized to enter into Cooperative Agreements with State or local governments or private entities to undertake the authority granted under this subsection. The Secretary is encouraged to identify and utilize funding sources to supplement any Federal funding used for these facilities. ARTICLE III STATEMENT OF WORK A. Mariposa County agrees to : 1. Cooperate and provide space at 5037 Stroming Road, Mariposa, CaliforniaA This is the former location of the Mariposa County Behavioral Health and Recovery Services and is leased by the county from a private owner. 2. Assign Rick Benson as the Key Point of Contact for this Cooperative Agreement. Page 2 of 13

3 3. Cooperate with the NPS with any logistical support, guidance, and orientation of the office space throughout the life of this Cooperative Agreement. 4. Coordinate and make all tenant improvements, such as carpet and painting, as may be detailed in Attachment 1, and in accordance with the lease. 5. Obtain written consent for the sublease, as pursuant to the lease agreement. 6. Not default in payments to the private landowner, pursuant to the lease agreement. 7. Keep NPS informed of any changes in the lease agreement. 8. Keep NPS informed of any access to premises by property owner, with adequate notice, pursuant to the lease agreement. B. NPS agrees to: 1. Provide financial assistance as provided in Article IV. The budget, as Attachment 1, is hereby incorporated into this Cooperative Agreement. 2. Assign Sean McCabe as the Agreement Technical Representative (ATR). 3. Arrange for and pay electrical, propane gas, water, janitorial services, refuse services, communications and internet utilities, and any other public utilities furnished at the premises under separate arrangements. 4. Provide Park staff to greet visitors. 5. Provide interpretive information for visitor use. 6. Keep the premises in good order, repair, and condition at all times during the lease term (exterior is the responsibility of the building owner). 7. Receive approval before any improvements are made to the building. ARTICLE IV TERM OF AGREEMENT This Cooperative Agreement shall become effective as of March 1, 2012 and shall continue through September 30, ARTICLE V KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communications between the parties and the work being performed. They are: 1. For the NPS: (a) Agreements Technical Representative: Sean A. McCabe, Realty Officer Yosemite National Park, NPS P.O. Box 577 Yosemite, CA Telephone: (209) Fax: (209) sean_mccabe@nps.gov Page 3 of 13

4 (b) Financial Agreement Specialist: Lilette Baltodano Financial Agreement Specialist Pacific West Region, NPS 333 Bush Street, Suite 500 San Francisco, CA Telephone: (415) Fax: (415) For Mariposa County: (a) Rick Benson, County Administrative Officer Mariposa County Government P.O. Box 784 Mariposa, CA Telephone: (209) Fax: (209) B. Communications Mariposa County will address any communications regarding this Agreement to the ATR with a copy to the Financial Agreement Specialist, and to the Superintendent of the area. Communications that relate solely to routine operational matters described in the current work plan may be sent only to the ATR. C. Changes in Key Officials Neither the NPS nor Mariposa County may make any permanent change in a key official without written notice to the other party reasonably in advance of the proposed change. The notice will include a justification with sufficient detail to permit evaluation of the impact of such a change in the scope or work specified within this Agreement. Any permanent change in key officials will be made only by modification to this Cooperative Agreement. ARTICLE VI AWARD AND PAYMENT A. The NPS will provide financial assistance on a reimbursable basis to Mariposa County in to the total amount of $91,000 fiscal year 2012 for rent starting March 1, 2012 through September 30, The tenant improvement detailed in the Appendix 1: Budget lists improvements for $5556,642 that NPS will provide financial assistance on reimbursable basis. The FY2012 chargeable appropriation ($146,642) for this Cooperative Agreement is: SZM B. Any award beyond the current fiscal year or additional Financial Assistance is subject to availability of funds and will be issued through a modification to this Cooperative Agreement. Page 4 of 13

5 C. Standard Form (SF) 270, Request for Advance or Reimbursement, must be submitted for payment at the convenience of the Mariposa County, but not more frequently than monthly or less frequently than annually. The request for reimbursement shall be accompanied by a breakdown sheet showing cost in each budgetary item and may be sent to the address below OR sent via to PWR_Agreements@nps.gov: Contracting Division National Park Service Pacific West Regional Office 333 Bush Street, Suite 500 San Francisco, CA D. Payment will be made via electronic funds transfer directly to the Mariposa County s account at their financial institution. E. In order to ensure proper payment, it is required that Mariposa County register with the Central Contractor Registration (CCR), accessed at Failure to register can impact payments under this Agreement and/or any other financial assistance or procurement agreements Mariposa County may have with the federal government. ARTICLE VII PRIOR APPROVAL Mariposa County shall obtain prior approval for budget and program revisions, in accordance with OMB circular A-102 and 43 CFR ARTICLE VIII - LIABILITY A. The NPS Agrees: To be liable, to the extent allowed by law, including the Federal Tort Claims Act, for claims for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United State while acting within the scope of his or her employment, arising out of this Cooperative Agreement. B. Mariposa County Agrees: 1. To indemnify, save and hold harmless, and defend the United States against all fines, claims, damages, losses, judgments, and expenses arising out of, or from and act or omission of Mariposa County, its officers, employees, or representatives arising out of or in any way connected to activities authorized pursuant to this Cooperative Agreement. This obligation shall survive the termination of this Cooperative Agreement. Page 5 of 13

6 2. To Cooperate with the NPS in the investigation and defense of any claims that may be filed with the NPS arising out of the activities of Mariposa County, its officers, employees, or representatives. ARTICLE IX - REPORTS AND/OR DELIVERABLES A. Financial Reports: Mariposa County shall submit one original and two copies of the SF- 425 Federal Financial Report on a quarterly basis and submitted to, Contracting Division, National Park Service, Pacific West Regional Office, 333 Bush Street, Suite 500, San Francisco, CA a. The recipient will report program outlays and program income on a cash or accrual basis. b. Reports are due 30 calendar days after the end of each federal fiscal quarter which ends on December 31, March 31, June 30, and September 30. A Final report is required to be submitted 90 days after the end of the agreement period and will include all financial transactions for the life of the award. c. In addition, a Final Financial Report will be submitted 90 calendar days after the end of the award period, at expiration, or upon termination. Transactions which occurred after the award expired will also be included in the final reports. These expenses shall include wrap-up activities incurred during the project period and where the transaction occurred after the award expired. Transactions for the entire award period will be included in this final report and will reflect the transactions for the entire award amount. d. All financial and programmatic records submitted by recipients, supporting documents, statistical records, and other grants-related records shall be maintained in accordance with 43 CFR or , as applicable. B. Mariposa County will provide an annual performance reports in accordance with 43 CFR C. The Secretary of the Interior and the Comptroller General of the United States, or their duly authorized representatives, will have access for the purpose of financial or programmatic review and examination to any books, documents, papers, and records that are pertinent to the Agreement at all reasonable times during the period of retention in accordance with 43 CFR or , as applicable. ARTICLE X MODIFICATION AND TERMINATION A. This Cooperative Agreement may be modified only by a written instrument executed by the parties. B. This Cooperative Agreement may be terminated pursuant to 43 CFR ARTICLE XI - GENERAL AND SPECIAL PROVISIONS Page 6 of 13

7 A. General Provisions OMB Circulars and Other Regulations The following OMB Circulars and other regulations are incorporated by reference into this Agreement: 1. Administrative Requirements: a) OMB Circular A-102, Grants and Cooperative Agreements With State and Local Governments (10/07/1994) (further amended 08/29/1997) or PDF (10 pages, 43 kb) b) 43 CFR 12.40, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governmentshttp:// 2. Determination of Allowable Costs: OMB Circular A-87, as codified at 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments. 3. Audit Requirements: OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. 4. Code of Federal Regulations/Regulatory Requirements: (as applicable): a) 43 CFR 12, Subpart E Buy American Requirements for Assistance Programs b) 43 CFR 43 Governmentwide Requirements for a Drug-Free Workplace c) 2 CFR Part 1400, NonProcurement Debarment and Suspension, previously located at 43 CFR Part 42, Governmentwide Debarment and Suspension (Non- Procurement) d) 43 CFR 18 New Restrictions on Lobbying e) 2 CFR Part 175 Trafficking Victims Protection Act of 2000 f) FAR Clause , Paragraphs (a) and (b), Limitation on Payments to Influence Certain Federal Transactions. 5. CCR Registration for Awardees and Subrecipients AWARD TERM (new 9/2010) 2 CFR 25 Page 7 of 13

8 I. Central Contractor Registration and Universal Identifier Requirements A. Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR , you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) Numbers If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions For purposes of this award term: i. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at ii. iii. Data Universal Numbering System (DUNS) number means the ninedigit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently ) or the Internet (currently at Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; Page 8 of 13

9 d. A domestic or foreign for-profit organization; and 4. Subaward: e. A Federal agency, but only as a subrecipient under an award or subaward to a non-federal entity. a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. ll.210 of the attachment to OMB Circular A 133, Audits of States, c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. 6. Buy American Act: Pursuant to section 307 of the Omnibus Consolidated Appropriations Act of 1997, Public Law , 110 Stat. 3009, Recipient agrees to follow the requirements in 43 CFR Part 12, Subpart E, Buy American Requirements for Assistance Programs: In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. 7. Non-Discrimination: All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; 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 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. 8. Lobbying Prohibition: 18 U.S.C. 1913, Lobbying with Appropriated Moneys, as amended by Public Law , Nov. 2, No part of the money appropriated Page 9 of 13

10 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, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31. In addition to the above, the related restrictions on the use of appropriated funds found in Div. F, 402 of the Omnibus Appropriations Act of 2008 (P.L ) also apply. 9. Anti-Deficiency Act: Pursuant to 31 U.S.C 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. 10. Minority Business Enterprise Development: Executive Order It is national policy to award a fair share of contracts to small and minority firms. 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 for Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, and 43 CFR for State and Local Governments. 11. Assignment: No part of this Agreement shall be assigned to any other party without prior written approval of the NPS and the Assignee. 12. Member of Congress: Pursuant to 41 U.S.C. 22, no Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or adopted by or on behalf of the United States, or to any benefit to arise thereupon. 13. Agency: The Partner is not an agent or representative of the United States, the Department of the Interior, NPS, or the Park, nor will the Partner represent its self as such to third parties. NPS employees are not agents of the Partner and will not act on behalf of the Partner. Page 10 of 13

11 14. Non-Exclusive Agreement: This Agreement in no way restricts the Partner or NPS from entering into similar agreements, or participating in similar activities or arrangements, with other public or private agencies, organizations, or individuals. 15. Survival: Any and all provisions which, by themselves or their nature, are reasonably expected to be performed after the expiration or termination of this Agreement shall survive and be enforceable after the expiration or termination of this Agreement. Any and all liabilities, actual or contingent, which have arisen during the term of and in connection with this Agreement and in connection with this Agreement shall survive expiration or termination of this Agreement. 16. Partial Invalidity: If any provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such provision to the parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. B. Special Provisions 1. Public Information a. Mariposa County shall not publicize or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies Governmental, Departmental, bureau, or government employee endorsement of a product, service, or position which Mariposa County represents. No release of information relating to this Agreement may state or imply that the Government approves of Mariposa County s work products, or considers Mariposa County s work product to be superior to other products or services. b. Mariposa County 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. Mariposa County will obtain prior NPS approval from the regional public affairs office for any public information release 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 Page 11 of 13

12 release must be submitted to the agreements technical representative who will forward such materials to the public affairs office, along with the request for approval. d. Mariposa County agrees to include the above provisions of this Article 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. C. Certifications The following certification is required in accordance with the above provisions and made a part of this Cooperative Agreement: Standard Form LLL, Disclosure of Lobbying Activities ARTICLE XII - ATTACHMENTS A. Attachments: 1. Budget 2. Standard Form Application for Federal Assistance (incorporated by reference) 3. Standard Form 424A, Budget Information (incorporated by reference) 4. Standard Form 424, B, Assurances-Non-Construction Programs (incorporated by reference) 5. Grants.gov Lobbying Form 6. Standard Form LLL, Disclosure of Lobbying Activities ARTICLE XIII AUTHORIZING SIGNATURES IN WITNESS WHEREOF, the parties hereby execute this Agreement on the date set forth below. FOR THE COOPERATOR Janet Bibby Chairperson, Mariposa County Board of Supervisors Date FOR THE NATIONAL PARK SERVICE Lilette J. Baltodano Financial Agreements Specialist Pacific West Region, San Francisco Date Page 12 of 13

13 Rent - 13,000 per month March 1, 2012 to September 30, 2012 = $91,000 ATTACHMENT 1: BUDGET Tenant Improvements: Lower Level - South wing Flooring, New Carpet 371 X $ = $ 10, $ 10,017 New Paint 3673 X $ 2.50 = $ 9, $ 9,183 Lower Level - N and E wing Flooring, New Carpet 294 X $ = $ 7, $ 7,938 New Paint 3645 X $ 2.50 = $ 9, $ 9,113 Upper Floor Flooring, New Carpet 383 X $ = $ 10, $ 10,341 New Paint 3620 X $ 2.50 = $ 9, $ 9,050 Page 13 of 13