**Cooperative Agreement**

**between**

**The United States Department of the Interior**

**National Park Service**

and

**Johnson City Volunteer Fire Department**

***[IMPORTANT NOTE:]{.underline} THIS EXAMPLE IS NOT INTENDED TO REPLACE
THE MEMORANDA OF AGREEMENT CURRENTLY IN PLACE USING THE RECIPROCAL FIRE
ASSISTANCE AUTHORITY. THIS SAMPLE IS ONLY TO BE USED FOR PASSING FUNDS
AND OR EQUIPMENT TO THE RURAL FIRE DEPARTMENTS UNDER THE NATIONAL FIRE
PLAN.***

This Cooperative Agreement (hereinafter Agreement) is made and entered
into by the Department of the Interior, National Park Service (NPS) and
the Johnson City Volunteer Fire Department, for the purpose of enhancing
the fire protection capability of the Johnson City Volunteer Fire
Department.

**ARTICLE I -- [BACKGROUND AND OBJECTIVES]{.underline}**

The objective of this Agreement is to provide assistance in training,
equipment purchase, and prevention activities on a cost share basis. To
increase firefighter safety, enhance the fire protection capabilities of
rural fire departments, and enhance protection in the urban-wildland
interface. To increase the coordination between local, State, and
Federal firefighting resources.

The public will benefit by having reduced fire loss, the development of
fire prevention programs, and the reduction of occurrence and intensity
of wildland fire within the urban interface.

**ARTICLE II -- [AUTHORITY]{.underline}**

This Agreement is hereby entered into by authority of:

Title IV of the Department of the Interior and Related Agencies
Appropriations Act, 2001, Act of October 11, 2000, Pub. L. No. 106-291,
114 Stat. 922, 1006-1010, which appropriates money for fire suppression
operations, burned areas rehabilitation, hazardous fuels reduction, and
rural fire assistance and which sets forth provisions governing the
money's use.

**ARTICLE III -- [STATEMENT OF WORK]{.underline}**

A. **The Johnson City Volunteer Fire Department agrees to:**

> 1\. Training: Provide/attend wildland fire suppression training
> (includes costs of associated travel in accordance with Federal Travel
> Regulations). Assist in the planning and coordination of the wildland
> fire training course(s). Provide wildland fire training instructor.
> Provide wildland fire training materials and conference room
> facilities.
>
> 2\. Equipment purchase: Work with the NPS to identify and purchase,
> with the funds obligated by this Agreement, wildland firefighting
> equipment. The purchased equipment may include fuses, hoses, adapters,
> nozzles, drip torches, tools, radios, engines, trucks, pumps and pump
> packages, and personal protective equipment.
>
> 3\. The Johnson City Volunteer Fire Department agrees to meet a cost
> share at a minimum of 10 percent (which may include in-kind services
> or supplies).

B. **The NPS agrees to:**

> 1\. Training: Assist in identifying training opportunities and
> developing training plans for rural firefighters. Provide
> instructor(s) for wildland training course(s). Provide wildland fire
> training materials and conference room facilities.
>
> 2\. Equipment Purchase: NPS will purchase all equipment and/or
> facilitate the transfer within applicable regulations. (Hand receipt
> or transfer) Types of equipment may include, but are not limited to,
> trucks, engines, pumps, pump packages, tools, supplies, materials,
> office equipment, etc.

# ARTICLE IV -- [TERM OF AGREEMENT]{.underline}

This Agreement shall become effective on the date of signature of the
NPS Contracting Officer and shall remain in effect until September 30,
2006, unless terminated in accordance with the provisions of *43 CFR
Subpart C, Section 12.84*. This Agreement may be renewed for subsequent
fiscal years (not-to-exceed a total of five years), subject to the
availability of Federal funding, by mutual written modification signed
by both parties to this Agreement. Amendments to this Agreement may be
proposed by either party and shall become effective upon approval by
both parties.

# ARTICLE V -- [KEY OFFICIALS]{.underline}

A. Key officials are essential to ensure maximum coordination and
communication between the parties and the work being performed. They
are:

#### 1. For the NPS:

#### 

#### Signatory/Administrative/Contracting Officer 

#### Marsha Wagner, Contracting Officer

Lyndon B. Johnson National Historical Park

P.O. Box 329

Johnson City, Texas 78636

E-mail: <marsha_wagner@nps.gov>

Telephone: (830) 868-7128, Ext. 223

Facsimile: (830) 868-xxxx

**Local/Coordinating**

> \(a\) Brian Carey, Agreements Technical Representative
>
> Lyndon B. Johnson National Historical Park
>
> P.O. Box 329
>
> Johnson City, Texas 78636
>
> E-mail: <brian_carey@nps.gov>

###### Telephone: (830) 868-7128, Ext. 232

Facsimile: (830) 868-xxxx

> \(b\) Kevin Carter, Project Inspector
>
> Lyndon B. Johnson National Historical Park
>
> P.O. Box 329
>
> Johnson City, Texas 78636
>
> E-mail: <kevin_carter@nps.gov>
>
> Telephone: (830) 868-7792
>
> Facsimile: (830) 868-xxxx

2\. **For the Johnson City Volunteer Fire Department:**

> **Signatory/Administrative**

###### James Dildine, Fire Chief

> Johnson City Volunteer Fire Department

####### Johnson City, Texas 78636

> E-mail: <johnsoncityfiredept@xxx.xxxx>
>
> Telephone: (830) 868-7111

#  Facsimile: (830) 868-xxxx

B. **Communications** - The Johnson City Fire Department will address
any communication regarding this Agreement to the agreements technical
representative with a copy to the Contracting Officer, 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 superintendent.

C. **Changes in Key Officials** - Neither the NPS nor the Johnson City
Fire Department 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 on the scope of work
specified within this Agreement. Any permanent change in key officials
will be made only by modification to this Agreement.

# ARTICLE VI -- [AWARD AND PAYMENT]{.underline}

Chargeable Appropriation -- The Chargeable appropriation for this
Agreement is Account Number, in the amount of \$5,000, for the Johnson
City Volunteer Fire Department. Nothing in this Agreement shall be
construed as binding the National Park Service to expend in any fiscal
year any sum in excess of the appropriation made by Congress for
purposes of this Agreement in that fiscal year.

**ARTICLE VII -- [PRIOR APPROVAL]{.underline}**

In accordance with *OMB Circular A*-110 *and 43 CFR Part 12*. (Note: If
applicable, list items requiring verbal or written approval, if other
than shown in regulations referenced above.)

**Article VIII - LIABILITY**

***[IMPORTANT NOTE]{.underline}: LIABILITY REQUIREMENTS FOR ALL FUNDING
ASSOCIATED WITH THE NATIONAL FIRE PLAN SHOULD BE RESEARCHED BY YOUR
RESPECTIVE SOLICITOR. LIABILITY PROVISIONS MAY BE DIFFERENT DEPENDING ON
STATE STATUTES THAT GOVERN THE EXISTENCE OF THE RURAL FIRE
DEPARTMENT.***

**The Johnson City Volunteer Fire Department agrees**:

A. 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, any act or omission of the City, its officers,
employees, or (members, participants, agents, representatives, agents as
appropriate) arising out of or in any way connected to activities
authorized pursuant to this Agreement. This obligation shall survive the
termination of this Agreement.

B. To provide workers' compensation protection to the Johnson City
Volunteer Fire Department officers, employees, and representatives.

C. To pay the United States the full value for all damage to the lands
or other property of the United States caused by the Johnson City
Volunteer Fire Department, its officers, employees, or representatives.

D. In the event of damage to or destruction of the buildings and
facilities assigned for the use of the Johnson City Volunteer Fire
Department in whole or in part by any cause whatsoever, nothing herein
contained shall be deemed to require the NPS to replace or repair the
buildings or facilities. If the NPS determines in writing, after
consultation with the Johnson City Volunteer Fire Department that damage
to the buildings or portions thereof renders such buildings unsuitable
for continued use by the Johnson City Volunteer Fire Department, the NPS
shall assume sole control over such buildings or portions thereof. If
the buildings or facilities rendered unsuitable for use are essential
for conducting operations authorized under this Agreement, then failure
to substitute and assign other facilities acceptable to the Johnson City
Volunteer Fire Department will constitute termination of this Agreement
by the NPS.

E. 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
the cooperator, its agents, and employees.

**ARTICLE IX** -- **[REPORTS AND/OR DELIVERABLES]{.underline}**

Submit one copy of an annual performance report to the National Park
Service within ninety (90) days after the end of the fiscal year. The
performance report must be prepared in accordance with *43 CFR, Subpart
C, Section 12.80* and address items such as a comparison of actual
accomplishments with established goals, reasons why goals may not have
been met, cost overruns, and any other pertinent information.

**ARTICLE X** -- **[PROPERTY UTILIZATION]{.underline}**

Any NPS property used or other property acquired under this Agreement,
including intangible property such as copyrights and patents shall be
governed by the provisions of 43 CFR, Subpart C, Sections 12.71 through
12.74.

# ARTICLE XI -- [MODIFICATION AND TERMINATION]{.underline}

A. This Agreement may be modified only by a written instrument executed
by the parties.

B. Termination of this Agreement will be in accordance with *OMB
Circular A-110 and*

> *43 CFR Part 12.*

**Article XII -- [GENERAL AND SPECIAL PROVISIONS]{.underline}**

***IMPORTANT NOTE**: **APPLICABLE OMB CIRCULARS SHOULD BE USED. USE
DEPENDS ON THE STATE STATUTE THAT AUTHORIZES THEM.***

A.  **General Provisions**

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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*, (Reserved).

(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 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]{.underline}
> [seq]{.underline}.); *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]{.underline} [seq]{.underline}.); 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, as amended by *Public Law 107-273,* Nov. 2,
> 2002 - 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, 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.
>
> 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.

B.  **Special Provisions**

> **Advertising and Endorsements**
>
> Johnson City Volunteer Fire Department must obtain prior NPS approval
> before releasing any public information that refers to the Department
> of the Interior, any bureau or employee (by name or title), or this
> Agreement. The specific text, layout, photographs, etc. of the
> proposed release must be submitted to the NPS along with the request
> for approval.

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.

**ARTICLE XIII -- [ATTACHMENTS]{.underline}**

The following document is attached to and made a part of this Agreement:

Form SF-424, "Application for Federal Assistance."

**ARTICLE XIV-- [SIGNATURES]{.underline}**

**IN WITNESS WHEREOF**, the parties hereto executed this Agreement on
the date(s) set forth below.

######## FOR THE JOHNSON CITY VOLUNTEER FOR THE NATIONAL PARK SERVICE

######## FIRE DEPARTMENT

Signature: Signature:

######### Name: [James Dildine]{.underline} Name: [Marsha L. Wagner]{.underline} 

Title: [Fire Chief]{.underline} Title: [Contracting Officer]{.underline}

[Johnson City Volunteer Fire]{.underline} [Lyndon B. Johnson
N.H.P.]{.underline}

> [Department]{.underline}

Date: Date: