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HomeMy WebLinkAbout2014-073 Grant - Natl Forest Foundation - AFR CITY OF ASHLAND MATCHING GRANT AWARD AGREEMENT PARTIES: • CITY OF ASHLAND ("CITY") • NATIONAL FOREST FOUNDATION 20 East Main Street. ("NFF") Ashland OR 97520 Building 27, Suite 3 Phone:541) 488-5300 Fort Missoula Road Fax: (541) 52-2059 Missoula MT 59804 Phone: (~06 542-2085 Fax: (406) 5)42-2810 TERM OF THIS AGREEMENT: May 8, 2014 to December 31, 2014 AMOUNT OF AWARD: $175,000 RECITALS A. City has undertaken the Ashland Forest Resiliency Stewardship Project ("AFR"), a multiyear project to reduce wildfire hazards on City-owned and federally-owned lands in the Ashland Watershed by means of forest density reduction, including surface and ladder fuels reduction treatment. B. NFF is a grant-receiving and grant-making foundation chartered by the U. S. Congress to marshal private gifts and non-federal resources to make and administer grants for community-based projects for helping to restore the health, resiliency and natural functions of national forests and grasslands. C. NFF has agreed to fund further fuels thinning work in the Ashland Watershed by means of a $350,000 grant, provided City pays 50% and provided a qualified contractor submits a suitable application for the grant. D. In order to secure the $350,000 grant from NFF, City wishes to award a matching amount of $175,000 to NFF provided the full amount of the City's award to NFF will be refunded to the City if the conditions the Parties have agreed upon and set forth in this Matching Grant Award Agreement ("Agreement") are not satisfied. E. The payment of $175,000 to NFF set forth herein is a grant as defined in ORS 279A.010(l)(k)(A)(ii) and (B) and is not a public contract as defined in ORS 279A.01 0(l)(z) for purposes of ORS 279A-C. In concurrence with the recitals above, the Parties agree as follows: AGREEMENTS 1. Amount of Grant. Subject to the terms and conditions of this Agreement and in City of Ashland Matching Grant Agreement with NFF Page 1 of 1 reliance upon NFF's representations to City, City will deliver to NFF $175,000 promptly following execution of this Agreement. 2. Use of Grant Funds. The use of the $175,000 City provides to NFF is expressly limited to matching $175,000 from NFF to enable NFF to grant $350,000 to a qualified contractor to perform surface and ladder fuels reduction treatment in the Ashland Watershed. 3. Terms of NFF Grant Agreement. NFF will enter into a written grant agreement with the contractor selected to receive the $350,000 grant to perform fuels reduction work in the Ashland Watershed, and the grant agreement will include the following provisions: (a) A clear statement of the work to be performed and the geographic areas and time period in which the work will occur; (b) Requirement that contractor have and maintain during the work period workers' compensation insurance for its subject workers in compliance with ORS 656.017; (c) Requirement that contractor agree to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death) or damage (including loss or destruction) to property arising out of or incident to negligence by the contractor in performance of the work; (d) Requirement that contractor have and maintain during the work period commercial general liability insurance (including Loggers Broadform Property Damage, Product and Completed Operations coverage and contractual liability coverage for the indemnity in (c) above) with a combined single limit, or the equivalent, of not less than $2 million each occurrence for bodily injury and property damage, with an annual aggregate limit of $4 million and naming the City of Ashland as an additional insured; (e) Requirement that contractor have and maintain during the work period automobile liability insurance with a combined single limit, or the equivalent, of not less than $2 million for each accident for bodily injury and property damage, including coverage for owned, hired, or non-owned vehicles as applicable; (f) Requirement that contractor comply with all applicable federal, state, and local laws, rules, and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex, marital status, sexual orientation, age, medical condition, or disability; and (g) Requirement that contractor comply with the Living Wage provision of Chapter 3.12 of the Ashland Municipal Code. 4. Return of Grant Funds. In the event NFF does not award a grant in the amount of $350,000 to a qualified contractor to perform surface and ladder fuels reduction treatment in the Ashland Watershed, or in the event NFF cannot reach a grant agreement with such a qualified contractor that includes the terms set forth in paragraph 3 above, NFF will refund $175,000 to City, and this Agreement will terminate without further action by the Parties. 5. Financial Records and Inspection. NFF's subrecipient for this project (the contractor selected to perform the work) will be required to maintain a complete set of books and records relating to the purpose for which City has provided this matching grant in accordance with generally accepted accounting principles. An authorized representative of the City and/or City of Ashland Matching Grant Agreement with NFF Page 2 of 2 NFFwill have full access to and the right to examine all books, records and other documents relating to the use of grant funds. . 6. Merger/Waiver/Amendments. This Agreement constitutes the entire agreement between the Parties: the Parties have no understandings, agreements or representations, oral or written, regarding the subject matter of this Agreement that are not specified in this Agreement. The terms of this Agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the Parties. CITY OF ASHLAN NATION ORES OUNDATIO By: By: Dave Kanner, i Administrator it tam SR/ssiel, resident Date: May I , 2014 Date: May 014 City of Ashland Matching Grant Agreement with NFF Page 3 of 3