HomeMy WebLinkAbout2013-034 Grant - ODF-Ashland Firewise
Federal Grant Name: Ashland Firewise and Community Biomass Fuel Reduction
Federal Grant Number: 10-DG-11062764-014 Termination Date: 3131/2014
ODF Project Number: 449990-11 Project Award: $75,000
Grant Contract Agreement Between
OREGON DEPARTMENT OF FORESTRY
And
CITY OF ASHLAND, FIRE & RESCUE
Ashland Firewise and Community Biomass Fuel Reduction
This contract is entered into between the State of Oregon acting by and through the Oregon
Department of Forestry (Grantee, hereinafter referred to as "ODF"), and City of Ashland, Fire &
Rescue, (Sub-Grantee). In accordance with the terms and conditions of this contract, ODF shall
sub-Grant to City of Ashland, Fire & Rescue a maximum sum of $75,00 0 for the purpose of
providing the City of Ashland Fire and Rescue with funding to assist property owners in completing
fuels removal projects that are in accordance with their Firewise assessment mitigation plans using
funds provided through the U.S.D.A. Forest Service. This contract is contingent upon the
availability of Federal funds. The parties agree and acknowledge that their relationship is that of
independent contracting parties and that Sub-Grantee is neither an officer, employee, or agent of
the State of Oregon as those terms are used in ORS 30.265 or otherwise.
This contract, including Exhibits A-C, constitutes the entire contract between the parties. The failure
of a party to enforce a provision of this contract does not constitute a waiver by that party of that or
any other provision. A copy of the Project Plan is hereby considered to be a part of this contract
(Exhibit A).
STATEMENT OF WORK
Sub-Grantee shall perform the work as set forth in the Project Plan (Exhibit A) in accordance with
the terms and conditions of this contract.
SECTION 1: TERMS AND CONDITI6NS
1.1. General Assurances. Sub-Grantee shall comply with all applicable Federal, State, and
local laws, and all regulations, policies, standards, and guidelines provided in, but not
limited to: OMB Circular A-133 entitled "Audits of States, Local Governments and Non-
Profit Organizations"; 2 CFR part 215; OMB Circular A-87, entitled "Cost Principles for
State, Local and Indian Tribal Governments"; OMB Circular A-102, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments;
OMB Federal Register Notice; Forest Service Award Provisions; Oregon Revised Statutes
(Chapter 477, Fire Protection of Forests and Vegetation)
hftp://www.leg.state.or.us/ors/477.html and associated administrative rules (OAR Chapter
629, Division 43) http://arcweb.sos.state.or.us/rules/OARS 600/OAR 629/629 043.html;
the Oregon Forest Practices Act (ORS 527) http://www.leg.state.or.us/ors/527.html; and,
administrative rules (OAR 629, Divisions 600-680
http://arcweb.sos.state.or.us/rules/OARS 600/OAR 629/629 tofc.html. Copies of OMB
circulars may be found at: http://www.whitehouse.gov/omb/circulars/index.html.
1.2. Impermissible Uses. Grant funds are not available to retire any debt, supplant or replace
funds or other resources that would otherwise have been made available for the Project, to
construct new buildings or remodel existing facilities, to purchase land, to purchase
buildings, to provide or support for activity outside the scope or timeframe of the project, or
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to cover any costs incurred prior to the effective date of this contract or after termination of
this contract.
1.3. Term of Contract. This Contract is effective on the date it has been signed by all parties
and all required State of Oregon approvals have been obtained, and shall continue in full
force until 3/31/2014, unless extended by written contract of all parties or terminated per the
following contract provisions.
1.3.1. Inadequate or Non-performance. ODF reserves the right to terminate this grant award
for inadequate or non-performance of the Project Plan, and Sub-Grantee agrees to return
any grant funds in the event the terms, conditions, or certifications of this contract are not
met to the satisfaction of ODF.
1.3.1.1. Inadequate performance is defined as problems in the administration or delivery of
accomplishments. ODF shall provide written notice to Sub-Grantee describing the
performance deficiency. ODF may provide Sub-Grantee with a time period for
corrective action not to exceed ninety (90) calendar days from the date of effective
notice.
1.3.1.2. Non-performance is described as specific provisions provided in the contract, Federal
regulations, and State regulations (particularly the Forest Practices Act) governing this
contract. ODF shall provide Sub-Grantee with a time period for corrective action not to
exceed thirty (30) calendar days from the date of effective notice.
1.3.2. Notice of Termination. This contract may be terminated by either party, or performance
suspended by either party, with thirty (30) calendar days' advance notice in writing under
the following conditions:
1.3.2.1. In the event that funds for the continuation of the program become, for any reason,
unavailable or so substantially curtailed as to make continued performance an
unreasonable burden upon either party.
1.3.2.2. In the event that Sub-Grantee determines that the grant activities herein contemplated
are no longer appropriate services to be provided by the Sub-Grantee organization.
1.3.3. Responsibilities after Termination. Termination of this contract shall not affect the Sub-
Grantee obligations under this contract or ODF's right to enforce this contract in
accordance with its terms. Specifically, termination of this contract shall not affect the Sub-
Grantee representations and warranties, reporting obligations, indemnification obligations,
obligations regarding use of the grant funds, record-keeping, audit, access and
confidentiality obligations, obligations to comply with applicable federal requirements, or the
ODF's right to recover from Sub-Grantee grant funds actually received by Sub-Grantee. In
addition, termination of this contract shall not affect ODF's obligation to reimburse Sub-
Grantee, or Sub-Grantee's right to obtain reimbursement from ODF, in accordance with
Section 1.6 of this contract, for all actual allowable costs necessarily incurred by Sub-
Grantee, during the period commencing on the effective date of this contract and ending on
the termination date of this contract.
1.4. Fiscal Accountability, Financial Records, and Records Retention. Unless applicable
federal law requires Sub-Grantee to utilize a different accounting system, Sub-Grantee
shall create and maintain all fiscal records in accordance with generally accepted
accounting principles and in sufficient detail to permit ODF, the Secretary of State's Office
of the State of Oregon, the United States Department of Agriculture Forest Service, and
their authorized representatives to verify how grant funds were used.
1.4.1. Expenditures. All grant expenditures shall be documented in such a way as to readily
identify and distinguish expenditures specific to this contract from other federal or non-
federal funding sources.
1.4.2. Funds Received. Sub-Grantee shall assume liability for all funds received pursuant to this
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contract and shall assume responsibility for repayment to ODF of any expenditures not
authorized by the contract.
1.4.3. Documentation. Sub-Grantee shall retain all documents (whether in electronic or hard
copy form) relevant to the contract (fiscal, program, and administrative) for a period of at
least seven (7) years from the date of termination of the contract.
1.5. Audits. Sub-Grantee will comply with requirements and standards under OMB Circular A-
133. In the event that Sub-Grantee expends $500,000 or more per year in federal funds,
an audit pursuant to this circular is required.
1.5.1. Qualify for OMB Circular A-133 Audit. If Sub-Grantee qualifies for an OMB Circular A-
133 audit, Sub-Grantee shall notify ODF in writing of such qualification promptly after Sub-
Grantee determines that it so qualifies. Sub-Grantee shall report the grant funds received
hereunder as pass-through funds on Sub-Grantee Schedule of Expenditures of Federal
Grants, and promptly after completion of the audit shall furnish ODF with a written copy of
all audit findings applicable to Sub-Grantee project or notify ODF in writing that the audit
resulted in no findings applicable to Sub-Grantee project. Sub-Grantee shall assist in all
compliance audits of Sub-Grantee's project conducted by ODF, the Secretary of State
Office of the State of Oregon, the United States Department of Agriculture Forest Service,
or their duly authorized representatives.
1.5.2. Record Availability. At any time during normal business hours, all records including
landowner participant, program, and financial records pertaining to this contract, shall be
available and accessible to the ODF or any of their duly authorized representatives for the
purpose of audit, monitoring, or examination.
1.5.3. Record Retention. If there are unresolved audit questions at the end of the seven-year
period, Sub-Grantee shall retain the records until Sub-Grantee receives notice from ODF
that the audit questions have been resolved.
1.6. Basis of Payment. This is a reimbursable grant program. Sub-Grantee must complete or
make progress on the Project Plan before grant funds will be disbursed. Grant funds are
made on a reimbursable basis, after the Sub-Grantee has completed Project Plan work on
the project. Sub-Grantee may request disbursement of the grant funds for up to a three
month period, but no more than once per month, using the Request for Reimbursement,
Financial and Accomplishment Report form (Exhibit B).
1.6.1. Funds Disbursement. As described in more detail in Exhibit A, ODF shall disburse grant
funds within forty-five (45) calendar days of receiving a properly completed, including, but
not limited to, being true and accurate Request for Reimbursement, Financial and
Accomplishment Report form from Sub-Grantee. The invoice shall also include the number
of acres accomplished, the project targets, the number of workers, and the total number of
hours invoiced.
1.6.2. Recovery of Grant Funds. In the event of Sub-Grantee's default hereunder and in
addition to any other remedies that may be available to ODF, ODF may demand repayment
of any or all of the grant funds previously disbursed to Sub-Grantee hereunder and Sub-
Grantee shall repay such sums to ODF upon ODF's demand.
1.7. Amendments. Amendments to this Contract, including, but not limited to the following
types of changes, shall require a written Amendment between Sub-Grantee and ODF.
1.7.1. Significant Change. A significant change, as determined by ODF, in program content or
scope of work as described in the attached (Exhibit A) project application materials.
1.7.2. Contract Provisions. A change in any of the provisions of this contract.
1.7.3. Term of Contract. A change in the Term of the contract (as outlined in section 1.3) to
extend the time period of the contract.
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1.8. Reporting Requirements. Request for Reimbursement, Financial and Accomplishment
Report (Exhibit B) will be submitted to the Field Project Coordinator at the ODF Medford
office.
1.9. Program Income. Except as provided herein, Sub-Grantee may not collect cash
associated with activities carried out under this grant. If, for any reason, program income is
anticipated, Sub-Grantee shall provide ODF with a written description of such resource.
Prior approval by ODF and Federal representatives will be required before any source of
program income can be collected. Examples of possible program income include
commercial timber sales and biomass utilization revenues.
1.10. Terms of Contract. Sub-Grantee is subject to the terms of that certain contract between
ODF and the United States Forest Service, attached hereto as Exhibit C.
SECTION 2: PROGRAM IMPLEMENTATION GUIDANCE
2.1. Project Site Inspection. Sub-Grantee agrees to allow the ODF the right to periodic
inspection, without notice to Sub-Grantee, of the proposed project site.
2.2. Publications. In addition to the requirement in Section 5.16, any product, publication,
and/or publicity must list the ODF and the USDA Forest Service as grant sponsors and/or
financial contributors to the project. ODF will receive, from Sub-Grantee, two (2) copies of
any publication or report arising from the use of these grant funds.
2.3. Forest Practices Act Compliance. All treatment areas are considered forest operations
and must comply with the Oregon Forest Practices Act of 1971 rules and the Oregon
Revised Statutes (Chapter 477, Fire Protection of Forests and Vegetation). These rules
apply to timber harvesting, reforestation, road construction and repair, slash disposal
(treetops, branches, brush, and tree limbs), chemical use and stream, and lake and
wetland protection. Sensitive resource sites, such as bird nesting and roosting locations,
and threatened and endangered species sites are also protected under the rules. Sub-
Grantee must notify ODF of any forest activity at least fifteen (15) calendar days before
beginning such activity by completing a Notification of Operations form at the Medford ODF
office.
2.4. Suspension and Debarment Sub-Grantee certifies pursuant to 31 CFR Part 19 that
neither it nor its contractors are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this grant contract by any
federal department or agency. Contractor(s) refers to those contracted by Sub-Grantee to
conduct the work in the grant.
2.5. Confidentiality. Subject to Section 2.5.2, each party shall use reasonable efforts to
maintain the confidentiality of any Confidential Information received from the other party
and shall not use such Confidential Information except in performing its obligations
pursuant to this Contract. For purposes of Section 2.5, "Confidential Information" means
information marked or designated in writing by either party as "confidential" prior to initial
disclosure.
2.5.1. Exceptions. The confidentiality obligations imposed by Section 2.5 do not apply to: (a)
information that becomes part of the public domain through lawful means and without
breach of any confidentiality obligation by ODF; (b) information subsequently and
rightfully received from third parties who have the necessary rights to transfer the
information without any obligation of confidentiality; (c) information that was known to
ODF prior to the Effective Date without obligation of confidentiality; (d) information that is
independently developed by ODF and documented in writing without use of, or reference
to, any Confidential Information of the other party; or (e) information required to be
disclosed by compulsory judicial or administrative process or by law or regulation;
provided that if either party is required to disclose Confidential Information under clause
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(e), that party shall first give the other party notice and shall provide such information as
may reasonably be necessary to enable the other party to take action to protect its
interests.
2.5.2. Public Records. ODF may disclose Confidential Information to the extent disclosure is
required by the Oregon Public Records Law (ORS 192.410 to 192.505). If ODF receives
from a third party any request under the Oregon Public Records Law for the disclosure
of Sub-Grantee Confidential Information, ODF shall notify Sub-Grantee within a
reasonable period of time of the request. Sub-Grantee is exclusively responsible for
defending Sub-Grantee's position concerning the confidentiality of the requested
information. ODF is not required to assist Sub-Grantee in opposing disclosure of
Confidential Information.
SECTION 3: GENERAL PROVISIONS
3.1 Force Maieure. No party shall be held responsible for delay or default caused by fire, civil
unrest, natural causes, and war that is beyond that party's reasonable control. Each party
shall, however, make all reasonable efforts to remove or eliminate such cause of delay or
default and shall, upon the cessation of the cause, diligently pursue performance of its
obligations under this contract.
3.2 Indemnification. Sub-Grantee assumes all responsibility for compliance with the
regulations and guidelines and agrees to defend or cause to be defended and to indemnify
and hold harmless (subject to any limitation imposed by ORS chapter 180 and ORS 30.260
to 30.300 (Oregon Tort claims Act)) the State of Oregon, the Oregon Board of Forestry, the
State Forester, and the Oregon Department of Forestry, it's officers, agents, employees,
and members against any and all claims, suits, liens, damages, or causes of action for
damages of any nature resulting from or arising out of the project activities of Sub-Grantee,
its contractors, subcontractors, agents, or employees under the activities of this contract.
3.3 Sub-Grantee's Sole Liability. Sub-Grantee, pursuant to this agreement with the State
of Oregon, shall assume sole liability for Sub-Grantee's breach of the conditions of the
grant, and shall, upon Sub-Grantee's breach of grant conditions that causes or requires
the State of Oregon to return funds to the grantor, hold harmless and indemnify the State
of Oregon for an amount equal to the funds which the State of Oregon is required to pay
to Sub-Grantee.
SECTION 4: CONTACTS
4.1 ODF Field Representative. Matt Krunglevich, Field Project Coordinator (541-664-3328)
Address: 5286 Table Rock Rd, Central Point, OR 97502
• Contact for implementation activities and questions.
• Receives reporting documentation and payment requests for review and approval.
• Assistance with meeting requirements of the Oregon Forest Practices Act.
• Assistance with questions related to tax reporting requirements.
• On-site monitoring and visitations.
• Initial and final site assessment for NFPORS reporting on Fire Classification
percentages and levels.
4.2 ODF Contract Monitoring and Management. Norm Miller, Salem Grant Coordinator
(503-945-7419)
Address: 2600 State Street, Salem, OR 97310
• Technical assistance on contract provisions
• Receives reports and payments requests from ODF Southwest Oregon District for
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reporting compilation and payment processing
4.3 Sub-Grantee Representative. John Karns, Fire Chief (541-482-2770);
Alternate: Ali True (541-482-2770).
Address: Ashland Fire Department, 455 Siskiyou Blvd., Ashland, OR 97520
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SIGNATURES
NOW, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree. IN WITNESS WHEREOF, the parties hereto have caused this
contract to be duly executed as of the dates set forth with their respective signatures.
OREGON STATE DEPARTMENT OF FORESTRY:
Norman Miller Date
Partnership Development Program Director
City of Ashland, Fire & Rescue is a public organization duly organized and validly existing
under the laws of the State of Oregon. Sub-Grantee has full power, authority and legal
right to make this contract and incur and perform its obligations hereunder.
John a s Date
City o shland, Fire & Rescue
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Exhibit A
Project Plan
Ashland Firewise and Community Biomass Fuel Reduction
The information below describes the purpose and need for the Ashland Firewise and
Community Biomass Fuel Reduction Grant (Grant). The resulting contract is between the
Oregon Department of Forestry (ODF) being the Grantee, and the City of Ashland, Fire &
Rescue being the Sub-Grantee.
Scope The purpose of this project is to provide funding to the Sub-Grantee so that they
can expend the funds among recognized Ashland Firewise Communities and individual
landowners outside of Firewise communities for the purpose of creating defensible space
around homes. Specifically, the Sub-Grantee will provide funding both to individual
landowners within and outside of Firewise Communities and to the Firewise Community
groups to remove hazardous vegetative material from home ignition zones and common
areas so that they are in accordance with the Firewise assessment mitigation plans. Each
individual landowner may apply for a maximum of $500 to be reimbursed once the work is
completed by the contractor of their choice or by themselves and approved by the Firewise
Coordinator and Firewise Community groups will be eligible for an amount between $1500
and $2500, depending on size of community, also reimbursed after the work has been
completed and approved. Sub-grantee administrative and supply costs associated with
this grant are eligible for reimbursement in the project award.
The benefits of the project are that it will:
• Support Firewise Communities programs throughout Ashland, strengthening ownership
in fire mitigation and helping to disseminate the education and prevention message to a
wider audience.
• Allow for individual neighborhood solutions to hazard reduction with options for onsite
chipping, drop-off points, or scheduled pick-ups with the details and arrangements made
by the neighborhoods utilizing the services.
• Provide the opportunity to gain experience and collect data to determine the best, most
cost-effective solutions for future fuels removal projects.
• Distribute funds among recognized Ashland Firewise Communities, providing
geographical relevance for the Firewise Community Protection Achievement certification.
• Support the creation of defensible space around Ashland homes, removing hazardous
vegetation to prevent the spread of wildfire within the City of Ashland.
The objectives are to:
1. Complete National Fire Plan Operations and Reporting System forms for the Grant to
record types of treatments and acres treated.
2. Deliver a report to the CWPP Fuels Committee on the types of solutions used by each
Neighborhood and their effectiveness to be used as a resource for future fuels removal
projects through Firewise Communities.
Targets.
The Ashland Fire & Rescue Firewise Coordinator plans to perform Firewise evaluations
and reduce hazardous fuels around approximately 100 individual landowner homes and
within up to 15 Ashland Firewise Communities groups.
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Statement of Work.
The Sub-Grantee will provide funds to each Firewise Community and some individual
landowners outside a Firewise Community to reimburse landowners or the Community
group to remove, chip and/or transport excess forest residual material that is considered a
fire hazard within home ignition zones and common areas. The Sub-Grantee will ensure
that all vegetation removal plans are in accordance with the approved Firewise Action Plan
on file. The Sub-Grantee will also provide free wildfire assessments for individual property
owners to remove fire-prone vegetation according to the assessment, encouraging
residents who do not live within a recognized Firewise Community to also create
defensible space and reduce fire spread within the City of Ashland. The Sub-Grantee will
review the completed projects and approve payment and subsequently request
reimbursement from the Grantee.
The biomass collected from project sites will be transported to a collection site to be used
for parks material or compost. Material will not be either sold or burned.
Treatment Specifications. The treatments will be done in accordance with the Firewise
home assessment procedures for individual landowners and Firewise assessment
mitigation plans for each neighborhood.
Responsibilities
The ODF and Sub-Grantee duties as it pertains to this contract are described below.
Methods are subject to change in order to satisfy requirements of this Grant's reporting,
or to accommodate developing Sub-Grantee or ODF methodologies.
City of Ashland Fire & Rescue Responsibilities:
1. Sub-Grantee will solicit landowner and Community group participation in a
Firewise inspection and accept applications for treatments to achieve the
objective of hazardous fuels reduction.
2. Sub-Grantee will approve applications, estimate the acreage to be treated, set
the rate of reimbursement, and monitor for compliance with treatment
specifications.
3. Sub-Grantee will reimburse the landowners the agreed upon reimbursement
rate.
4. Billing Packet. Sub-Grantee will prepare a billing packet for completed units to
be submitted to the ODF Field Representative for payment through the grant.
Sub-Grantee may submit a billing packet each calendar month or at least each
calendar quarter.
The packet will include:
a. A completed Exhibit B - Request for Reimbursement, Financial and
Accomplishment Report.
b. A detailed list of completed Firewise inspections and treatments with the
amount reimbursed to each landowner or Community group.
c. Details of Sub-grantee personnel costs with name, date worked, hours,
hourly rate, and total amount paid.
d. Detail of supply costs - what was purchased and cost.
ODF Responsibilities:
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1. ODF may visit site(s) during and after operational periods to monitor work to
ensure compliance with this contract and the Oregon Forest Practices Act.
2. ODF field representative will receive the billing packets from Sub-Grantee and
review them for proper content.
3. When the billing packet is signed by the ODF field representative, the ODF field
representative will prepare a cover page illustrating:
a. Payment amount
b. Homes treated
c. Acres treated
d. Green tons collected, if known.
4. The ODF field representative will forward the completed billing packet to the
Partnership Development Office in Salem for official processing and approval.
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Exhibit B
REQUEST FOR REIMBURSEMENT, FINANCIAL AND ACCOMPLISHMENT REPORT
ODF Project /Phase 449990-11 Ashland Firewise and Community Biomass Fuel Reduction
Sub-Grantee Name: City of Ashland Fire & Rescue
Address: 455 Siskiyou Blvd., Ashland, OR 97520
Phone Number: 541-482-2770
TIN Number DUNS Number:
Reporting Period:
Sub-Grantee Signature:
Date Submitted:
(report rant costs only)
Personnel/Labor
FINANCIAL Supplies
REIMBURSEMENT Contractual Services
TOTAL
' . AACCQMP,LISHMENT
Number of acres treated
Community Affected
sE? -B ??NFP,ORSREP„ORTz>=_ .=.,.z.,x.=
BRUSH_jSHRUB7dCONTRQ_ L
3-A Brush Control/Release- Chemical
1-A Brush Control -Chipping
1-E Brush Control/Release -Mowin/ Mastication
PILING
1-C Hand Piling-Including Pullback
1-F Machine Piling
S_12A'W-TREi rTMENT
2-A Burn-Broadcast
2-C Burn -Piles- Hand
2-E Burn Piles-Piles- Machine
1-A Chipping
1-D Lo or Cut and Scatter
1-E Mastication-Slashbuster
1-G Biomass Removal-Acres
' PRUNING
1-H Pruning
THINNING
1-H Thinning- Manual/Hand or Mechanical
1-H Thinning- Slashbuster
Field Project Coordinator Date
Federal Grant Coordinator Date
Revised 7/2010
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Exhibit C
FEDERAL FINANCIAL ASSISTANCE
AWARD OF DOMESTIC GRANT 2010-DG-11062764-014
Between The
OREGON DEPARTMENT OF FORESTRY
And The
USDA, FOREST SERVICE
STATE AND PRIVATE FORESTRY, PACIFIC NORTHWEST REGION
Consolidated Payment Grant
Upon execution of this document, an award to Oregon Department of Forestry hereinafter referred to as "Recipient" in the
amount of $6,485,432, is made under the Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101-2114,
Pub. L. 95-313). Oregon Department of Forestry accepts this award for the purpose described in the application narrative.
Your application for Federal financial assistance, dated June 30, 2010, and the attached Forest Service provisions, `U.S.
Forest Service Award Provisions,' are incorporated into this letter and made a part of this award.
This is an award of Federal financial assistance and is subject to the Office of Management and Budget OMB Circular
A-102 as implemented by USDA regulations 7 CFR3016, 7 CFR 3015, OMB Circular A-87 and OMB Circular A-133 as
implemented by USDA regulation 7 CFR 3052. All Federal and Recipient matchmg/cost-share contributions are subject to
all relevant OMB Circulars.
The OMB Circulars are available on the internet at http://www.whitehouse.gov/omb/grants default/. Electronic copies of
the CFRs can be obtained at the following internet site: http://www.gpoaccess.gov/cfr/index.htnl. If you are unable to
retrieve these regulations electronically, please contact your Grants and Agreements Office at 503-808-2350.
The following administrative provisions apply to this award:
A. LEGAL AUTHORITY. Recipient shall have the legal authority to enter into this agreement, and the institutional,
managerial, and financial capability to ensure proper planning, management, and completion of the project, which
includes funds sufficient to pay the nonfederal share of project costs, when applicable.
B. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related
to this instrument.
Recipient Program Contact Recipient Administrative Contact
Marvin Brown Mark Hubbard
Oregon Department of Forestry Oregon Department of Forestry
2600 State Street, Salem, OR 97310 2600 State Street, Salem, OR 97310
Phone: 503-945-7231
emaiL- mark.w.hubbard-@state.or.us
Forest Service Proeram/Administrative Contact
Ray Abriel .
Pacific NW Region, USDA Forest Service
PO Box 3623, Portland, OR 97208
Phone: 503-808-2355
Fax: 503-808-2339
.email: rabriel@fs.fed.us
Marvin BI V, state Forester - 2010-DG-11062764.014
Oregan Depwaawl afForesmy Consolidated Payment Crrant
. Page 2 ors
C. AVAILABILITY OF FUNDS. U.S. Forest Service funds in the amount of 56,485,432 are currently available for
performance of this instrument through December 31, 2012. The U.S. Forest Service's obligation for performance
of this instrument beyond this date is contingent upon the availability of appropriated funds from which payment
can be made No legal liability on the part of the U.S. Forest Service for any payment may arise for performance
under this instrument beyond December 31,1012 until funds are made available to the U.S. Forest Service for
performance and until Recipient receives notice of availability to be confirmed in a written modification by the U.S.
Forest Service.
D. REIMBURSABLE PAYMENTS -FINANCIAL ASSISTANCE. See provision Kin the attachment, `U.S. Forest
Service Award Provisions!'
I- PRE AWARD COSTS FOR STATE. LOCAL. AND INDIAN TRIBAL GOVERNMENTS Pursuant to OMB
Circular A-87, Attachment B, No_ 31, pre-award costs incurred as of October 1, 2009t are hereby authorized under
this instrument.
F. PROGRAMMATIC CHANGES. The Recipient shall obtain prior approval for any change to die scope of
objectives of the approved project, key petsomtel, or transfer of substantive programmatic work to another parry.
G. MODIFICATIONS. Modifications within the scope of this award shall be made by mutual consent of the parties,
by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to
any changes being performed. Requests for modification should be made, in writing, at least 30 days prior to
implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly
approved in advance.
H. COMMENCEMENTfEXPIRATfON DATE. This award is executed as of the date of the last signature and is
of ective through December 31, 2012 at which time it will expire, unless extended by an executed modification,
signed and dated by all properly authorized, signatory officials.
1. AUTHORIZED REPRESENTATIVES. By sipature below, each party certifies that the individuals listed in this
document as representatives of the individual parties are authorized to act hi their respective areas for matters
related to this award. In witness whereof, the parties hereto have executed this award as of the last date written
below. ^
MARVIN BR b" Date CHA ES F. s Date
Stara Forester Director, Cooperative Forestry
Oregon Department of Forestry Region 6, State and Private Forestry
USDA Forest Service
n
The au~}fty tmd fo f this instrument have been reviewed and approved for signature.
711 V2010
VO ERKERT Date
U.S. Forest Service
Grants A Agreements Specialist
Marvin Brown, State Forester - 2010-DG-11062764-014
Oregon Department of Forestry Consolidated Payment Grant
Page 3 of 8
ATTACIiMENT: U.S. FOREST SERVICE AWARD PROVISIONS
A) COLLABORATIVE ARRANGEMENTS. Where permitted by terms of the award, Recipient may enter into
collaborative arrangements with other organizations to jointly carry out activities with grant funds.
B) NON-LIABILITY. The U.S. Forest Service does not assume liability for any third party claims for damages
arising out of this award.
C) NOTICES. Any notice given by the U.S. Forest Service or Recipient will be sufficient only if in writing and
delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows:
- To the U.S. Forest Service Program Manager, at the address specified in the grant.
- To Recipient, at the Recipient's address shown in the grant or such other address designated within the grant.
Notices will be effective when delivered in accordance witli this provision, or on the effective date of the notice,,
whichever is later.
D) SUBGRANTEE NOTIFICATION. Recipient shall notify subrecipients under this award that they are subject to
the terms and conditions herein, except with respect to recipient's OMB Uniform Administrative Requirements and
Cost Principles. In the case of subrecipient Uniform Administrative Requirements and Cost Principles,
subreci ients must be notified that the are subject to the followin :
APPLICABLE ADMINISTRATIVE
SUBRECIPIENT TYPE REQUIREMENTS AND COST PRINCIPLES
Administrative Requirements Cost Principles
Non-profits 2 CFR 215 A-122
Local and Tribal governments State & Federal laws, regulations A-87
(when recipient is a State)
Local and Tribal governments A-102 A-87
(when recipient is a non-State)
State agencies State & Federal laws, regulations A-87
Universities 2 CFR 215 A-21
Profit-makers 2 CFR 215 FAR 31.2
E) USE OF U. S. FOREST SERVICE INSIGNIA. In order for the Recipient to use the U.S. Forest Service insignia on
any published media, such as a webpage, printed publication, or audiovisual production, permission must be
granted from the U.S. Forest Service's Office of Communications. A written request must be submitted and
approval granted in writing by the Office of Communications (Washington Office) prior to use of the insignia.
F) MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no United States member of, or United States
delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise therefrom,
either directly or indirectly.
G) TRAFFICKING IN PERSONS.
1. Provisions applicable to a Recipient that is a private entity.
a. You as the Recipient, your employees, subrecipients under this award, and subrecipients' employees
may not=
(1) Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
(2) Procure a commercial sex act during the period of time that the award is in effect; or
(3) Use forced labor in the performance of the award or subawards under the award.
b. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a
subrecipient that is a private entity -
(1) Is determined to have violated a prohibition in paragraph a.1 of this award term; or
Marvin Brown, State Forester 2010-DG-11062764-014
Oregon Department of Forestry Consolidated Payment Grant
Page 4 of 8
(2) Has an employee who is determined by the agency official authorized to terminate the award to
have violated a prohibition in paragraph a.I of this award term through conduct that is either-
i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 7 CFR 3017.
2. Provision applicable to a Recipient other than a private entity. We as the Federal awarding agency may
unilaterally terminate this award, without penalty, if a subrecipient that is a private entity-
a: Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or
b. Has an employee who is determined by the agency official authorized to terminate the award to have
violated an applicable prohibition in paragraph a.I of this award tern through conduct that is either-
(1) Associated with performance under this award; or
(2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our
agency at 7 CFR 3017.
3. Provisions applicable to any recipient.
.a. You must inform us immediately of any information you receive from any source alleging a violation of
a prohibition in paragraph a. I of this award term.
b. Our right to terminate unilaterally that is described in paragraph.a2 or b of this section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and
(2) Is in addition to all other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of paragraph a.I of this award term in any subaward you make to a
. private entity.
4. Definitions. For purposes of this award term:
a. "Employee" means either:
(1) An individual employed by you or a subrecipient who is engaged in the performance of the project
or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not
compensated by you including, but not limited to, a volunteer or individual whose services are
contributed by a third party as an in-kind contribution toward cost sharing or matching
requirements.
b. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud,
or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
c. "Private entity":
(1) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as
those terms are defined in 2 CFR 175.25.
(2) Includes:
i. A nonprofit organization, including any nonprofit institution of higher education, hospital,
or tribal organization other than one included in the definition of Indian tube at 2 CFR
175.25(b).
ii. A for-profit organization.
d. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings
given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
Marvin Brown, State Forester 2010-DG-1 1062764-014
Oregon Department of Forestry Consolidated Payment Grant
Page 5 of 8
H) DRUG-FREE WORKPLACE.
1. Recipient agrees that it will publish a drug-free workplace statement and provide a copy to each employee who
will be engaged in the performance of any project/program that receives federal funding. The statement must
a. Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in its workplace;
b. Specify the actions Recipient will take against employees for violating that prohibition; and
c. Let each employee know that, as a condition of employment under any instrument, he or she
(1) Must abide by the terms of the statement, and
(2) Must notify you in writing if be or she is convicted for a violation of a criminal drug statute
occurring in the workplace, and must do so no more than five calendar days after the conviction.
2. Recipient agrees that it will establish an ongoing drug-free awareness program to inform employees about
a. The dangers of drug abuse in the workplace;
b. Your policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation and employee assistance programs; and
d. The penalties that you may impose upon them for drug abuse violations occurring in the workplace.
3. Without the US Forest Service's expressed written approval, the policy statement and program must be in
place as soon as possible, no later than the 30 days after the effective date of this instrument, or the
completion date of this instrument, whichever occurs first.
4. Recipient agrees to immediately notify the U.S. Forest Service if an employee is convicted of a drug violation
in the workplace. The notification must be in writing, identify the employee's position title, the agreement
number of each instrument on which the employee worked. The notification must be sent to the Program
Manager within ten calendar days after Recipient learns of the conviction.
5. Within 30 calendar days of learning about an employee's conviction, Recipient must either
a. Take appropriate personnel action against the employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973 (29 USC 794), as amended, or
b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for these purposes by a Federal. State or local health, law enforcement, or other appropriate
agency.
I) ELIGIBLE WORKERS. Recipient shall ensure that all employees complete the I-9 form to certify that they are
eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). Recipient shall
comply with regulations regarding certification and retention of the completed forms. These requirements also
apply to any contract or supplemental instniments awarded under this award.
.I) FINANCIAL STATUS REPORTING. A Federal Financial Report, form SF-425 (and Federal Financial Report
Attachment SF-425A, if required for reporting multiple grants), must be submitted annually. The final SF-425
(and SF-425A, if applicable) must be submitted either with the final payment request or no later than 90 days from
the expiration date of the instrument. These forms may be found at www.whitehouse.gov/omb/grants forms.
K) REIMBURSABLE PAYMENTS -FINANCIAL ASSISTANCE. Reimbursable payments are approved under
this award. Only costs for those project activities approved in (1) the initial award, or (2) modifications thereto, are
allowable. Requests for payment shall be submitted on Standard Form 270 (SF-270), Request for Advance or
Reimbursement, Standard Form 271 (SF-271), Request for Reimbursement Construction and shall be submitted no
morethanmonthly. In order to approve a Request for Advance Payment or Reimbursement, the U.S. Forest
Service shall review such requests to ensure advances or payments for reimbursement are in compliance and
otherwise consistent with OMB, USDA, and U.S. Forest Service regulations. Advance payments shall not exceed
the minimum amount needed or no more than is needed for a 30-day period, whichever is less. If Recipient
receive(s) an advance payment and subsequently requests an advance or reimbursement payment, then the request
must clearly demonstrate that the previously advanced funds have been fully expended before the U.S. Forest
Service can approve the request for payment. Any funds advanced, but not spent, upon expiration of this award shall
be returned to the U.S. Forest Service.
Marvin Brown, State Forester 2010-DG-11062764-014
Oregon Department of Forestry Consolidated Payment Grant
Page 6 of 8
The invoice must be sent by one of three methods (email is preferred):
EMAIL asc_ga@fs.fed.us
FAX: 1-877-68711894
Albuquerque Service Center
Postal: Payments - Grants & Agreements
IOlB Sun Ave NE Albuquerque, NM 87109
FAX: 877-6874894
L) AWARD CLOSEOUT. Recipient shall closeout the grant within 90 days after expiration or notice of
termination.
Any unobligated balance of cash advanced to Recipient shall be immediately refunded to the U.S. Forest Service,
including any interest earned in accordance with 7 CFR 3016.21, 7 CFR 3019.22, or other relevant law or
regulation.
Within a maximum of 90 days following the date of expiration or term nation of this grant, all financial
performance and related reports required by the terms of the award shall be submitted to the U.S. Forest Service
by Recipient.
If this award is closed out without audit, the U.S. Forest Service reserves the right to disallow and recover an
appropriate amount after fully considering any recommended disallowances resulting from an audit which may be
conducted later.
M) PROGRAM PERFORMANCE REPORTS. Recipient shall monitor the performance of the grant activities to
ensure that performance goals are being achieved. For awards of $100,000 or more, Recipient must submit form
SF-PPR, Performance Progress Report which can be obtained from
http://www.whitehouse.gov/omb/assets/omb/grants/approved forms/sf-ppr.pdf.
Performance reports shall contain information on the following:
- A comparison of actual accomplishments to the goals established for the period. Where the output of the
project can be readily expressed in numbers, a computation of the cost per unit of output may be required if that
information is useful.
- Reason(s) for delay if established goals were not met.
- Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high
unit costs.
Recipient shall submit annual performance reports. These reports are due 90 days after the reporting period.
The final performance report shall be submitted either with Recipient's final payment request, or separately, but
not later than 90 days from the expiration date of the grant.
N) NOTIFICATION. Recipient shall immediately notify the U.S. Forest Service of developments that have a
significant impact on the activities supported under this grant. Also, notification shall be given in case of
problems, delays or adverse conditions that materially impair the ability to meet the objectives of the agreement.
This notification shall include a statement of the action taken or contemplated, and any assistance needed to
resolve the situation.
O) CHANGES IN KEY POSITIONS AND PERSONNEL. Any revision to key positions and personnel identified
in the application for this award require prior, written approval from the U.S. Forest Service Program Manager.
All technical positions are considered Key Personnel by the U.S. Forest Service. Failure on the part of the
Recipient to obtain prior, written approval when required may result in the disallowance of costs.
P) FREEDOM OF INFORMATION ACT (FOIA). Public access to grant or agreement records shall not be
limited, except when such records must be kept confidential and would have been exempted from disclosure
pursuant to "Freedom of Information" regulations (5 U.S.C. 552).
Marvin Brown, State Forester 2010-DG-t 1062764-014
Oregon Department of Forestry Consolidated Payment Grant
Page 7 of 8
Q) FUNDING EQUIPMENT. Federal funding under this instrument is not available for reimbursement of
Recipient's purchase of equipment. Equipment is defined as having a fair market value of over $5,000 per unit
and a useful life of over one year. Supplies are those items that are not equipment.
R) U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS AUDIOVISUALS AND ELECTRONIC
MEDIA. Recipient shall acknowledge U.S. Forest Service support in any publications, audiovisuals, and
electronic media developed as a result of this award.
S) NONDISCRIMINATION STATEMENT-PRINTED. ELECTRONIC, OR AUDIOVISUAL MATERIAL.
Recipient shall include the following statement, in full, in any printed, audiovisual material, or electronic media for
public distribution developed or printed with any Federal funding.
"In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited
from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited
bases apply to all programs.)
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten
Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or tail (202) 720-5964 (voice and
TDD). USDA is an equal opportunity provider and employer."
If the material is too small to permit the full statement to be included, the material must, at minimum, include
the following statement, in print size no smaller than the text:
"This institution is an equal opportunity provider. "
T) TERMINATION BY MUTUAL AGREEMENT. This award may be terminated, in whole or part, as follows:
- When the U.S. Forest Service and Recipient agree upon the termination conditions, including the effective
date and, in the case of partial termination, the portion to be terminated.
- By 30 days written notification by Recipient to the U.S. Forest Service setting forth the reasons for
termination, effective date, and in the case of partial termination, the portion to be terminated.
- If, in the case of a partial termination, the U.S. Forest Service determines that the remaining portion of the
award will not accomplish the purposes for which the award was made, the U.S. Forest Service may terminate
the award in its entirety.
- Upon termination of an award, Recipient shall not incur any new obligations for the terminated portion of the
award after the effective date, and shall cancel as many outstanding obligations as possible. The U.S. Forest
Service shall allow full credit to Recipient for the United States Federal share of the non-cancelable
obligations properly incurred by the Recipient up to the effective date of the termination. Excess funds shall
be refunded within 60 days after the effective date of termination.
U) DISPUTES.
1. Any dispute under this award shall be decided by the U.S. Forest Service Signatory Official. The Signatory
Official shall furnish the Recipient a written copy of the decision.
2. Decisions of the U.S. Forest Service Signatory Official shall be final unless, within 30 days of receipt of the
decision of the U.S. Forest Service Signatory Official, Recipient appeals the decision to the U.S. Forest
Service's Director, Acquisition Management (AQM). Any appeal made under this provision shall be in writing
and addressed to the Director, AQM, USDA, Forest Service, Washington, DC 20024. A copy of the appeal
shall be concurrently famished to the U.S. Forest Service Signatory Official.
3. In order to facilitate review on the record by the Director, AQM, Recipient shall be given an opportunity to
submit written evidence in support of its appeal. No hearing will be provided.
Marvin Brown, State Forester 2010-DG-11062764-014
Oregon Department of Forestry Consolidated Payment Grant
Page 8 of 8
V) DEBARMENT AND SUSPENSION. Recipient shall immediately inform the U.S. Forest Service if they or any
of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the
federal government according to the terms of 2 CFR Part 180. Additionally, should Recipient or any of their
principals receive a transmittal letter or other official federal notice of debarment or suspension, then they shall
notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension
is voluntary or involuntary.
W) COPYRIGHTING. Recipient is granted sole and exclusive right to copyright any publications developed as a
result of this agreement. This includes the right to publish and vend throughout the world in any language and in
all media and forms, in whole or in part, for the frill term of copyright and all renewals thereof in accordance with
this award.
No original text or graphics produced and submitted by the U.S. Forest Service shall be copyrighted. The U.S.
Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise
use, and to authorize others to use the work for federal government purposes. This right shall be transferred to
any sub-agreements or subcontracts.
This provision includes:
• The copyright in any work developed by Recipient under this agreement.
• Any right of copyright to which Recipient purchases ownership with any federal contributions.
t
OMB Approval No. 0348-004D
ASSURANCES - NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of.information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As the duty authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which
and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d)
(including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42
of project cost) to ensure proper planning, management U.S.C. §§6101-6107), which prohibits discrimination
and completion of the project described in this on the basis of age; (e) the Drug Abuse Office and
application. Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
2. Will give the awarding agency, the Comptroller General abuse; (f) the Comprehensive Alcohol Abuse and
of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation
through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to
the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or
documents related to the award; and will establish a alcoholism; (g) §§523 and 527 of the Public Health
proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
accepted accounting standards or agency directives. 3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
3. Will establish safeguards to prohibit employees from Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale,
presents the appearance of personal or organizational rental or financing of housing; (i) any other
conflict of interest, or personal gain. nondiscrimination previsions in the specific statute(s)
under which application for Federal assistance is being
4. Will initiate and complete the work within the applicable made; and, (j) the requirements of any other
time frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the
agency. application.
5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the
1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform
standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition
one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91-646) which provide for
Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or
Personnel Administration (5 C.F.R. 900, Subpart F). whose property is acquired as a result of Federal or
federally-assisted programs. These requirements apply
6. Will comply with all Federal statutes relating to to all interests in real property acquired for project
nondiscrimination. These include but are not limited to: purposes regardless of Federal participation in
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) purchases.
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education 8. Will comply, as applicable, with provisions of the
Amendments of 1972, as amended (20 U.S.C. §§1681- Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
1683, and 1685-1686), which prohibits discrimination on which limit the political activities of employees whose
the basis of sex; (c) Section 504 of the Rehabilitation principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usable Standard Form 4248 (Rev. 797)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. Will comply, as applicable, with the provisions of the Davis- 12. Will comply with the Wild and Scenic Rivers Act of
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act 1968 (16 U.S.C. §§1271 at seq.) related to protecting
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract components or potential components of the national
Work Hours and Safety Standards Act (40 U.S.C. §§327- wild and scenic rivers system.
333), regarding labor standards for federally-assisted
construction subagreements. 13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
10. Will comply, K applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), ED 11593
requirements of Section 102(a) of the Flood Disaster (identification and protection of historic properties), and
Protection Act of 1973 (P.L. 93234) which requires the Archaeological and Historic Preservation Act of
recipients in a special flood hazard area to participate in the 1974 (16 U.S.C. §§469a-1 at seq.).
program and to purchase flood insurance if the total cost of _
insurable construction and acquisition is $10,000 or more. 14. Will comply with P.L. 93-348 regarding the protection of -
'human subjects involved in research, development, and
11. Will comply with environmental standards which may be related activities supported by this award of assistance. -
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National 15. Will comply with the Laboratory Animal Welfare Act of
Environmental Policy Act of 1969. (P.L. 91-190) and 1966 (P.L. B9-544, as amended, 7 U.S.C. §§2131 et
Executive Order (ED) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of
facilities pursuant to ED 11738; (c) protection of wetlands warm blooded animals held for research, teaching, or
pursuant to ED 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance.
floodplains in accordance with ED 11988; (e) assurance of
project consistency with the approved State management 16. Will comply with the Lead-Based Paint Poisoning -
program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 at seq.) which
Act of 1972 (16 U.S.C. §§1451 at seq.); (f) conformity of prohibits the use of lead-based paint in construction or
Federal actions to State (Clean Air) Implementation Plans rehabilitation of residence structures.
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 at seq.); (g) protection of 17. Will cause to be performed the required financial and
underground sources of drinking water under the Safe compliance audits in accordance with the Single Audit
Drinking Water Act of 1974, as amended (P.L. 93-523); Act Amendments of 1996 and OMB Circular No. A-133,
and, (h) protection of endangered species under the "Audits of States, Local Governments, and Non-Profit
Endangered Species Act of 1973, as amended (P.L. 93 Organizations."
205).
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
SIGNATURE OF AUTHORIZED ERTIFYING OFFICIAL TITLE
Fiscal Manager
PLIC T ORGA TION DATE SUBMITTED
Oregon Department of Forestry
~n/n1®
(Y
Standard Form 4246 (Rev. 7.97) Badc
U.S. DEPARTMENT OF AGRICULTURE
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION SERVICE
CERTIFICATION REGARDING LOBBYING - CONTRACTS, GRANTS, LOANS
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her Member of Congress in connection with this Federal
knowledge and belief, that contract grant loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-
(1) No Federal appropriated funds have been paid or will LLL, 'Disclosure Form to Report Lobbying,' in accordance
be paid, by or on behalf of the undersigned, to any person with its instructions,
for influencing or attempting to influence an officer or
employee of Congress, or an employee of a Member of (3) The undersigned shall require that the language of this
Congress in connection with the awarding of any Federal certification be included in the award documents for all
contract, the making of any Federal grant, the making of subawards at all tiers (including subcontracts, subgrants,
any Federal loan, the entering into of any cooperative and contracts under grants, loans, and cooperative
agreement, and the extension, continuation, renewal, agreements) and that all subrecipients shall certify and
amendment, or modification of any Federal contract grant, disclose accordingly.
loan or cooperative agreement;
This certification is a material representation of fact upon
(2) If any funds other than Federal appropriated funds have which reliance was placed when this transaction was made
been paid or will be paid to any person for influencing or or entered into. Submission of this certification is a
attempting to influence an officer or employee of any prerequisite for making or enerng into this transaction
agency, a Member of Congress, an officer or employee of imposed by section 1352, titte 31, U.S. Code. Any person
Congress, or an employee of a who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
!Oregon Department of Forestry !2010 -
~ vCC~
Organization Name - Award Number of Project Name
;Mark Hubbard, F' I n
me an Title of Authorized Representative
Ili
Signature Date
U.S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were
published as Part IV of the January 30, 1989 Federal Register (pages 4722-4733). Copies of the
regulations may be obtained by contacting the Department of Agriculture agency offering the proposed
covered transaction
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON
REVERSE)
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) have not within a three-year period preceding this proposal been convicted of or
had a civil judgement rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by. a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Organization Nam PR/Award Number or Project Name
(Oregon Department of Forestry 2010^ / ( r
Name and Title(s) of Authorized Re~eeentative(.. l.~ b`
Mark Hubba , Fscal Manager -
i
Si (s) Date
Form AD-1047 (1/92)
U.S. DEPARTMENT OF AGRICULTURE
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)
ALTERNATIVE I- FOR GRANTEES OTHER THAN INDIVIDUALS
This certification is required by the regulations implementing Sections 5151=5160 of the Dwg-Free Workplace Act of 1988 (Pub. L. 100-690,
Title V, Subtitle D; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, subpart F. Section 3017.600, Purpose. The January 31, 1989, regulations were
amended and published as Part I[ of the May 25, 1990 Federal Register (pages 21681-21691). Copies of the regulations may be obtained
by contacting the Department of Agriculture agency offering the grant.
(Before completing certification, read instructions on (r) Taking one of the following actions, within 30 calendar days of
page 2) - receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted
Altemative l' (1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent
A The grantee certifies that it will or will continue to provide a drug- with the requirements of the Rehabilitation Act of
free workplace by. 1973, as amended; or
(a) Publishing a statement notifying employees that the (2) Requiring such employees to participate satisfactorily in
unlawful manufacture, distribution, dispensing, possession, a drug abuse assistance or rehabilitation program
or use of a controlled substance is -prohibited in the approved for such purposes by a Federal, State, or
grantee's workplace and specifying the actions that will be local health, law enforcement, or other appropriate
taken against employees for violation of such prohibition; agency; .
(b) Establishing an ongoing drug-free awareness program to (g) Making a good faith effort to continue to maintain a drug-
info" employees about - tree workplace through implementation of paragraphs (a),
(b), (c). (d), (e), and (f).
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free B. The grantee may insert in the space provided below the site(s)
workplace; - for the performance of work done in connection with the
specific grant
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and Place of Performance (Street address, cty, county, State, zip code)
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to he engaged
in the performance of the grant be given a copy of the 2600 State Street
statement required by paragraph (a); .
(d) Notifying the employee in the statement required by _
paragraph (a) that, as a condition of employment under the
grant, the employee will - Salem, OR 97310
(1) Abide by the terms of the statement and Check if there are workplaces on file that are not
(2) Notify the employer in writing, of his or her conviction identified here.
for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such
conviction; Oregon Department of Forestry
Organization Name
(e) Notifying the agency in writing, within ten calendar days
after receiving notice under subparagraph (d) (2) from an 2010 -
employee or other wise reviving actual notice of such Award Number or Project Name
conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer
on whose grant activity the convicted employee was Mark Hubbard, Fiscal Manager
working, unless the Federal agency has designated a Name and Title of thomod Repnmenative
central point for the receipt of such notices. Notice shall
include the identification number(s) of each affected grant;
rats a ate
1
Form AD-1049 (Rev 5190)
OREGON SPATE DEPARTMENT OF rORESTRY
pp0ig
i . FEDERAL FISCAL YEAR 2010 NATIONAL FIRE
PLAN WILDLAND-URBAN INTERFACE
COMMUNITY ASSISTANCE NARRATIVE
REQUEST 6/21/10
. The Oregon Department of Forestry (ODF) requests the USDA Forest Service to fund the Community .
Assistance Program for federal fiscal year 2010 to be included as part of the Consolidated Payment Grant
(CPG) in the amount of $2,203,409 (Biomass SPS2 & wFHF $901,90and NFP WFHF $1,351,429). No pre
award authorization is needed. Ob
BACKGROUND
The Community Assistance grant program is extremely important to the citizens of Oregon and the ODF.
These grant dollars are instrumental in achieving prevention and fuels reduction in Oregon, helping to
reduce the amount of life, property and natural resources lost to wildland fire. Specific Protection
Program missions:
• The purpose of the ODF Fire Protection Division in Salem is to provide statewide and
interagency policy development, prevention strategies, resource placement, and technical
expertise for fire prevention, pre-suppression, and planning for wildfires. Each position exists for
the purpose of serving the state of Oregon's goals and objectives for managing and protecting
approximately 15.8 million acres of Oregon's private and public forestland
• Rangeland Fire Protection Associations (non-profit corporations for public benefit and are
authorized under the Board of Forestry, ORS 477.315-325) provide a vital service in the state for
the protection of rangeland and it is in the best interest of the State to ensure the long term and
continued existence of the associations. The Associations are a vital first step in providing
wildland fire protection outside of Forest Protection Districts and Federal lands.
• The goal of the program is to create and use environmentally sound and economically efficient
strategies which minimize the total cost to protect Oregon's timber and other forest values from
wildfire while also minimizing wildfire damage to protected resources.
• Ensure that landowners will continue to invest in forestry in the state, knowing that their
lands have effective and reasonable cost protection from fire. The total "cost plus loss"
resulting from wildfire in terms of suppression costs and damage to timber and forest values
is held to minimum levels.
• Provide effective protection from fire to other forest values, such as water and watersheds,
fisheries, wildlife, recreation, aesthetics, soil productivity and soil stability.
• Provide a cost effective system of fire protection that is well coordinated with local fire
districts across the state and with federal and tribal wildland fire protection agencies.
• Effectively manage high-cost fire suppression resources.
• Educate forest landowners and forest homeowners about the value of fire hazard and risk
reduction measures and take positive action to minimize the threat.
• Maintain air quality through the administration of the Smoke Management Plan which
2010 USFS Community Assistance Page 1 of 12
regulates prescri~ . burning on private, federal, and state & i. _ A government forestland in
Oregon.
The purpose and goals of the Oregon Department of Forestry align with the guidance provided by the
National Fire Plan Wildland-Urban Interface Community Assistance program. ODF's fire preparedness
budget supports activities related to development and implementation of statewide wildland fire
management policies which results in achieving program management efficiencies and enhancements.
These activities are represented in the 2003 Forestry Program for Oregon
(hn://egov.oregon.gov/0DF/BOARD/fpfo2003.shtml especially under Strategy F. Protect maintain, and
.enhance the health of Oregon's forest ecoZ,stems, watersheds, and airsheds within a context of natural
disturbance and active management.
ODF also supports the ongoing implementation of the 2004 Oregon Fire Program Review
(hU:/Iegov.oregan.gov/ODF/FIREfFireProg,;amReview.shtiDal). The Fire Program Review final
recommendations were completed in January 2005 and proposes a set of actions to ensure the
continuation of efficient, cost-effective fire protection for our forests and the thousands of Oregonians
who live, work and recreate there. Some of these actions focus on internal changes to the Department of
Forestry, others will be accomplished by the department working in coordination with its federal, state
and local government partners. The review calls for modifications to certain statutes and laws that must
also be approved by the Oregon Legislature.
Many of the recommendations from this review are directly linked to the project activities that have been
identified for funding under Community Assistance. Below is a list of the Fire Program Review
recommendations currently being evaluated and/or implemented within ODF:
• "Re-dedicate ODF Fire Program to fire prevention leadership and coordination
(centralized prevention planning, standards development and communication to provide
staff support to the districts and integrate statewide efforts).
• Maintains and update at regular intervals Community Wildfire Protection Plan data and
Wildland Urban Interface boundaries and also includes work/products from Oregon's State
Private Forestry State Assessment and Resource Strategy.
• Encourage formation of, and increase ODF participation in, local interagency fire
prevention cooperatives.
PROJECT DETAIL
UPPER 204 TO LGATE FUELS
ACRES: 375 _ TREATMENTS in ACRES: 375 thinning, 190 machine pile, 190 machine
pile bum, 25 pruning, 150 mstication, 35 handpile, 35 handpile burn, 275
biomass removal
COUN'T'Y: Umatilla COMMUNITIES RISK: Upper 204/Tollgate
LATITUDE: 45.7571 LONGITUDE: --118.0467
The Upper 204/Tollgate WUI is the #1 priority project submitted from the Umatilla County CWPP for
fuels treatment work and is rated a high risk area in the Statewide Fire Risk Assessment. Over 800
homesites and cabins are located within this WUL Fuels consist predominantly of Fire Regime Group III
and Group IV (mixed conifer). Approximately 70% of the area is in Fire Regime Condition Class 3 and
another 15% in Class 2, meaning that the majority of the area has been significantly altered from historical
stand structure and species composition. Grand fir encroachment, dense understory vegetation, and sub-
alpine fir fuel types create a high ladder fuel loading. Insect damage/mortality and fire exclusion are
having landscape-wide impacts. These factors have increased the risk of a catastrophic crown fire in this
heavily populated WUI. Much of the area is similar to the fuel type found in the nearby School Fire
(2005) and Columbia Complex (2006) that each burned over 50,000 acres and destroyed numerous
2010 USFS Community Assistance Page 2 of 12
priority. Existing users of L nass for energy in the Eastern Lane Cc :y area will be contacted as
appropriate to coordinate delivery and maximize usage of material. Hauling will be coordinated to take
advantage of back hauls and other low cost alternatives. Local biomass handling companies will be
consulted to encourage use at steam generating or heat generating facilities. TM
~L_~:.tLt.~ r;~.:i{-. "'.:J ~'v'~w'~`~`~' fr c•t, j~c9,4
JACKSON 06 fNTY STRATEGIC DEFENSE FEULS AND BIOMASS PROJECT
ACRES: 200 i TREATMENTS in ACRES: 200 thinning, 200 chipping, 200 biomass
utilization
COUNTY: Jackson COMMUNITIES @ RISK Rogue River, Winner, Ashland, Prospect, Talent,
Phoenix
LATITUDE: 4226 LONGITUDE: - 123.05
Project proposes to perform fuels reduction (200 acres) and build upon the increasing awareness of
wildfire danger by homeowners. Projects will produce biomass for local facilities and landowners. New
Biomass facilities have recently been established in the Medford area promoting steam and energy
production. These projects will provide needed fuels for these new facilities. This area is checker boarded
with private industry, BLM, Forest Service, and over 400 private residents with further accelerating
development occurring. Rapid fire spread from these areas is possible with steep southern aspect slopes
and extreme fuel conditions. The risk for catastrophic fire is extremely high due to topography, remote
nature, inadequate access, and flashy fuels (manzamLa, buckbrush, grass) with a high rate of spread
leading to timbered stands along the ridge tops. Most of the landscape falls into the fire regime B where
fires will be stand replacing. The fuel models around the structures are mainly brush and grass (Fuel
model 7). Numerous landowners are direct neighbors to federal lands and private industry lands where
fuel breaks will slow fire spread and drastically reduce structure loss in catastrophic wildfire. There are
adjacent BLM projects that adjoin the proposed project areas (Pleasant/Lower Evans). Adjacent BLM
projects have been completed in the Evans Creek watershed.
SCOPE: Grant will provide financial incentive and technical assistance to landowners to perform fuel
reductions for biomass production on 200 acres along driveways and in identified strategic fuel break
areas. Through a combination of ODF sponsored community meetings and one-on-one residential
assessments with forest officers, ODF will assist rural residents to take action to prepare their homes to
survive in the event of a catastrophic wildfire. These meetings will educate landowners about the actions
they can take to reduce wildfire risk, technical resources they can refer to, and financial incentives to
reduce fuels on their property. The FireWise program will be delivered along with information about the
Jackson County Integrated Fire Plan. These presentations will educate landowners about the risk of
wildfire in their community. ODF will provide fuels treatment to landowners with special needs (elderly,
disabled, low income) at 100% cost. Biomass energy will be produced by the fuel reduction projects and
will be utilized instead of pile burning.
BIOMASS: As part of the landowner prevention education process, the importance of biomass
utilization and marketing of products will be stressed. The products will be used as a fuel source for heat
and steam, or hauled to a nearby facility that converts the products into energy and mulch. Ongoing
education and advancements will provide more opportunities to the county as biomass utilization
becomes more of an alternative for processing organic debris. Recent start ups and new contractors in the _
region have begun new processes and for processing biomass. These new processes include generating
steam for industry, on-site biofuel production, and replacement wood burning blocks. Biomass One
takes and processes organic debris from Jackson County and generates usable products such as energy
and mulch. Waste Management takes this debris for free and produces products such as mulch. A new
contractor (unknown name) is beginning to utilize biomass for steam production. Contractors such as
Lomakatsi have partnered with these companies to provide a flow of products
2010 USFS Community Assistance Page 11 of 12