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HomeMy WebLinkAbout2015-091 Grant Agrmt - USDA Forest Service - #2015-CO-11061000-013 U S USDA, Forest Service OMH 0590.0217 PS.1500-1 1 FS Agreement No. 2015-CO-11061000-013 Cooperator Agreement No. COLLECTION AGREEMENT Between CITY OF ASHLAND, OREGON And The USDA, FOREST SERVICE ROGUE RIVER-SISKYIOU NATIONAL FOREST This COLLECTION AGREEMENT is hereby entered into by and between the City of Ashland, Oregon, hereinafter referred to as "Cooperator", and the USDA, Forest Service, Rogue River- Siskiyou National Forest, hereinafter referred to as the "U.S. Forest Service," under the provisions of the Granger-Thye Act of April 24, 1950. Background: Dating back to a Cooperative Agreement between the City of Ashland and the Secretary of Agriculture in 1929, the City and Forest Service have maintained an ongoing relationship centered on management of the City's forested municipal watershed, of which the City and Forest Service are the two owners. To that end, cooperative management projects have taken place, including prescribed burning for the purpose of fuels reduction in 1998 and again in 2007. Under the current scenario, the City is now a partner with the U.S. Forest Service in the Ashland Forest Resiliency Stewardship Master Agreement of 2010 on NFS lands. The City has executed prescribed burns on municipal lands in 2012 and 2013 and wishes to burn the unit addressed by this agreement and future units that have common property lines between the City and Forest Service where burning across ownerships will increase the size and effectiveness of fuels reduction areas for the purpose of suppressing wildfires, sustaining forest health, and protecting water quality, quantity, and wildlife habitat in the Ashland Creek Watershed. This agreement will help accomplish mutually beneficial objectives related to fire prevention, fuels management, and fire suppression in the Ashland Watershed Interface at-ea. Benefits include protection for Ashland's domestic water supply, resources on and near National Forest Systems lands, and increased public and fire fighter safety ecosystem restoration in the Ashland watershed and City of Ashland interface area. Title: City of Ashland Prescribed Fire Assistance 1. PURPOSE: The purpose of this agreement, and incorporated Financial Plan, is to document the voluntary contribution of funds from the Cooperator to the U.S. Forest Service to provide a qualified Burn Boss to direct and supervise prescribed burning on City land that is immediately adjacent to NFS lands. The NFS land is scheduled to be burned at the same time as the City's lands utilizing the same personnel. Page] of6 (Rev, 11-13) OMB 021-I1 U 5 USDA, Forest Service FS-1500 05967 I II. THE Cooperator SHALL: A. LEGAL AUTHORITY. Cooperator 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 fiends sufficient to pay the nonfederal share of project costs, when applicable. B. Perform in accordance with the Financial Plan. C. Upon presentation of a Bill for Collection, deposit with the U.S. Forest Service the amount agreed to in the Financial Plan. D. Pending funding availability, incorportate subsequent Operating and Financial Plans into this agreement through bi-laterally executed modifications. E. Pay all bills for collection as soon as possible after receipt. Funds deposited with the U.S. Forest Service shall remain available until expended for the purpose stated in the Operating and Financial Plan, incorporated and attached as Exhibit A. Upon termination of this agreement, any remaining funds will be refunded to the City of Ashland in accordance with the refund provision. F. Provide, with the exception of the Burn Boss, all personnel, equipment, and supplies necessary for conducting the prescribed burn on the City's land. III. THE U.S. FOREST SERVICE SHALL: A. ADVANCE BILLING. The maximum total cost liability to the Cooperator for this agreement is $210.00. The U.S. Forest Service shall bill the Cooperator prior to commencement of work for deposits sufficient to cover the estimated costs (including overhead) for the specific payment period. Overhead shall not be assessed. Billing Method: Single lump-sum advance billings. Billing must be sent to: City of Ashland ATTN: Chris Chambers, Forest Division Chief 455 Siskiyou Blvd. Ashland, OR 97520 B. In accordance with Forest Service policy addressed in FSH 1909.13, the Forest Service signatory official has determined that, due to mutually beneficial objectives, Forest Service overhead shall not be assessed. C. Perform in accordance with the attached Financial Plan (aka: Operating and Financial Plan). Page 2 of 6 (Rev. I 1-13) U S USDA. Forest Service OM13 0596-02 1 7 PS-1500-II D. Pending funding availability, incorporate subsequent Operating and Financial Plans into the agreement through bi-laterally executed modifications. IV. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact John Karns, Fire Chief Chris Chambers, Forest Division Chief 455 Siskiyou Blvd. 455 Siskiyou Blvd. Ashland, OR 97520 Ashland, OR 97520 Telephone: 541-522-2066 Telephone: 541-552-2066 FAX: 541-488-2066 FAX: 541-488-5318 Email: karns@ashland.or.us Email: chamberc(c~ashland.or.Lis Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager U.S. Forest Service Agreement Contact Contact Rob Budge, Deputy Fire Staff- Fuels Judith Lang, G&A Specialist Rogue River-Siskiyou National Forest Rogue River-Siskiyou National Forest 3040 Biddle Road 3040 Biddle Road Medford, OR 97504 Medford, OR 97504 Telephone: 541-618-2102 Telephone: 541-618-2022 FAX: 541-618-2143 FAX: 541-618-2148 Email: rbudge ,fs.fed.us Email: jlan wfs.fedms B. FOREST SERVICE LIABILITY TO THE COOPERATOR. The United States shall not be liable to Cooperator for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work by the U.S. Forest Service or its contractors under this agreement, including but not limited to fire suppression costs and damage to any property owned by Cooperator or any third party. C. REFUNDS. Funds collected in advance by the U.S. Forest Service, which are not spent or obligated for the project(s) approved under this agreement, may be refunded to the Cooperator, authorized for use for a new agreement by the Cooperator, or waived by the Cooperator. A DUNS number and registration in the System for Award Management (SAM) by the Cooperator may be necessary to process a refund. Due to processing costs, any balance less than $25 shall not be refunded to the Cooperator. D. FREEDOM OF INFORMATION ACT (FOIA). Public access to agreement records must not be limited, except when such records must be kept confidential and would have been Page 3 of6 (Rev. 11-13) ~ S USDA, Forest Service OMB 0596-0317 FS-1500.11 exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36. Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill). E. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or the Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals. F. ENDORSEMENT. Any of the Cooperator's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the Cooperator's products or activities. G. NOTICES. Any communication affecting the operations covered by this agreement by the U.S. Forest Service or the Cooperator 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 agreement. To the Cooperator, at the Cooperator's address shown in the agreement or such other address designated within the agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. H. COLLABORATION. The U.S. Forest Service and the Cooperator may mutually agree to collaborate in the review of draft publications, interpretive signs, manuscripts, and other printed material and audiovisuals prior to completion. This agreement, in and of itself, does not authorize the Cooperator's participation in the project. 1. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service's Office of Communications (Washington Office). A written request will be submitted by Forest Service rogue river-siskyiou national forest to the Office of Communications Assistant Director, Visual Information and Publishing Services prior to use of the insignia. The U.S. Forest Service rogue river-siskyiou national forest will notify Cooperator when permission is granted. J. TERMINATION FOR COLLECTION AGREEMENTS. Either party, in writing, may terminate this agreement in whole, or in part, at any time before the date of expiration. The U.S. Forest Service shall not incur any new obligations for the terminated portion of this agreement after the effective date of termination and shall cancel as many obligations Page 4 of 6 (Rev. 11-13) OMB 0596-0317 U 5 USDA, Forest Service FS-1500-t t as possible. Full credit must be allowed for U.S. Forest Service expenses and all non- cancelable obligations properly incurred up to the effective date of termination. Excess funds must be refunded in accordance with the REFUND provision of the agreement. K. DEBARMENT AND SUSPENSION. Cooperator 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 the Cooperator 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. L. MODIFICATIONS. Modifications within the scope of this agreement must 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. M. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of the last signature, and has an expiration date of March 31, 2020. The expiration date is the final date for completion of all work activities under this agreement. N. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In witness whereof, the parties hereto have executed this agreement as of the last date written below. f3 j e' z 711 J HN kA NS, Fire Chief ate City of Ashland 1 ~ ROBERT G. MACWHORTER, Forest Supervisor Date U.S. Forest Service, Rogue River-Siskiyou National Forest Page 5 of6 (Rev. 1 I-13) U USDA, Forest Service OMB 0596-0217 rS-1500-11 The authority and format of this agreement (15-CO-1 1061000-013) have been revic~ved and approved for signature. ITH M. LA G Date ,Jf.S. Forest Service Grants Management Specialist Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202.720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250.9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877.8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 6 of6 (Rev. I 1-13) U.S. Forest Service Agreement No. 2015-CO-11061000-013 Cooperator Agreement No. EXHIBIT A OPERATING AND FINANCIAL PLAN I. Period of Performance: • The estimated period of performance for prescribed burns identified under Part II, begins on the date of execution of the agreement with a goal date of completion by June 30, 2016. Actual completion of the proposed burns may vary due to contingencies such as weather, fire season, burn bans, and/or other unknown conditions. • Prescribed burning will take place when the burn unit is in prescription in either the spring or fall. II. Project Location: • Units to be burned on City lands are identified on the attached map. Legal description of the joint burn unit is Township 39S, Range 1E, Section 16. Please see attached map. III. Financial Plan (see attached) The attached Financial Plan includes estimated costs for Prescribed Burn activities conducted on City of Ashland property identified under part II. Funds collected in advance from the City of Ashland are deposited into a dedicated account and assigned a unique accounting code. Work may commence after U.S. Forest Service has received the assigned accounting code from the Albuquerque Service Center, for funds collected under this agreement. Any remaining funds not spent for the proposed project may be applied to subsequent projects, as agreed to by the parties and documented in subsequent modifications. i U.S. Forest Service OMB 0598-0217 FS-1500-18 Forest Service Agreement 15-CO-11081000-013 Cooperator Agreement Collection Agreement Financial Plan Cooperator and FS Contributions Cooperator FS Non-Cash COST ELEMENTS and related data Contribution Contribution Line Item Cost Subtotals Combined Subtotal Subtotal Subtotals PERSONNEL Resource Specialists (List all personnel): # of $/Day Days Prescribed Fire Burn Boss. Type 1 or 2 qualified. 3.00 $70.00 $210.00 $210.00 *name to be determined $0.00 $0,00 *80% of burn unit is on FS lands. 20% on City $0.00 $0.00 FS will a 80% of cost of burn boss. $0.00 $0.00 *Cost per day for Burn Boss is $350 x .2 = $70/day $0.00 $0.00 reimbursed b the City $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Personnel: 3.00 $210.00 $0.00 $210.00 TRAVEL Explanation of trips: Vehicle From Where/To Where/For Whom Mileage H of PerDiem Cost or Trips and Airfare Lodging Cost n/a $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal, Travel: $0.00 0 $0.00 $0:00 $0.00 $0.00 EQUIPMENT Name and Type of Equipment: Unit Quantity Cost n/a $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal, Equipment: $0.00 0 $0.00 $0.00 $0.00 SUPPLIES Name and Type of Supplies: Unit Cost Quantity n/a $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Supplies- $0.00 0 $0.00 $0.00 $0.00 I U.S. Forest Service OMB 0598-0217 FS-1500-18 CONTRACTUAL Describe Contracts that will most like) result from this project: n/a $0.00 $0.00 $0.00 Subtotal, Contractual: $0.00 $0.00 $0.00 OTHER Describe Other Costs of the Project: n/a $0.00 $0.00 $0.00 Subtotal, Other: $0.00 $0.00 $0.00 TOTAL DIRECT CHARGES $210.00 $0.00 $210.00 OVERHEAD ASSESSMENT Insert (if applicable, see FSH 1909.13) Rate Here: 0.0% $0.00 Total Party Costs $210.00 $0.00 $210.00 COST ELEMENTS SUBJECT TO NATIONAL Cooperator Contribution PASS-THROUGH RATES TOTAL CHARGES $0.00 OVERHEAD ASSESSMENT Insert (if applicable, see FSH 1909.13) Rate Here: 0.0% $0.00 Total Pass-Through Costs $0.00 TOTAL PROJECT COSTS $210.00 Burden Statement According to the Paperwork Reduction AG of 1995, an agency may not conduct or sponsor, and a person is riot required to respond to a collection or information unless it displays a valid OMB control number. The valid OMS control number for this information collection is 0595-0217. The time required to complete this information collection is estimated to average 45 minutes per response, Including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information The U.S. Department of Agriculture (USDA) prohibits discrimination in alt Its programs and activities on the bass of race, color, notional origin, age, disability, and where applicable, sex, marital status, familial statue, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an Individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with dlsab ilkles who require alternative means for communication of program information (Braille, large print, sudlotape, etc.) should contact USDA's TARGET Center at 202-720.28W (voice and TOO). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20260-9410 or call toll free (866) 832-9982 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877.8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. r as City of Ashland and USFS, Prescribed Underburns 2015 e~ i 1 CITY OF ASHLA D BURN UNIT PRIVATk LAN USFS BURN UNIT r Legend Streams Forest Roads Trails { -AGENCY USFS USDA United States Forest Rogue River-Siskiyou National Forest Umpqua National Forest Department of Service 3040 Biddle Road 2900 NW Stewart Parkway Agriculture Medford, OR 97504-4119 Roseburg, OR 97470-1252 File Code: 1580 Date: April 13, 2015 City of Ashland Attn: Chris Chambers 455 Siskiyou Blvd Ashland, OR 97520 GRANTS & AGREEMENTS TRANSMITTAL LETTER ❑ Grant or ❑ Agreement No: 15-CO-11061000-013, City of Ashland Prescribed Fire Assistance 0 Enclosed are 1 original(s) and copy(ies) of the referenced document. ❑ Please return a fully executed copy for our files. 0 We have retained a fully executed copy for our files. ❑ Please note and initial change(s), then return a fully executed copy for our files. ❑ Please have all the copies signed by an authorized individual and return all copies to the above address, Attn: Sandi Orsini. A fully executed copy will be returned for your files. We are submitting a fully executed copy for your files. If there are any questions, please contact me at the address below. Sandi Orsini USDA Forest Service Rogue River-Siskiyou & Umpqua National Forests Phone: 541-618-2019 Email: sorsini@fs.fed.us S Caring for the Land and Serving People Printed on Recycled Paper