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HomeMy WebLinkAbout2016-182 Agrmt- Jackson County - #3511 Firewsie FUNDING AGREEMENT Terms and Conditions for Jackson County Funding for: City of Ashland Public Law 114-10, Title III OFFICE USE ONLY Project Name: Ashland Firewise Community Title III Category Firewise Recognition Program Project Contact: Alison Lerch Project Number: 3511 Phone: 541-552-2231 Term of this Agreement: 7/1/2016- 6/30/2018 Address: 455 Siskiyou Blvd Total Project Award $158,049.00 Ashland, OR 97520 (Total amount not distributed to recipient) Less Jackson County Overhead: ($8,049.00) Amount Distributed to Recipient: $1509000.00 1. Preamble: Federal funds from the U.S. Department of Agriculture (CFDA No. 10.665) and the U.S. Department of the Interior (CFDA No. 15. unknown) will be used to fund this project. Financing for this project is subject to the availability of these federal funds. The Parties understand that continued federal funding for this grant depends on demonstration that the project is successfully implemented, conducted, and completed in accordance with the purposes set forth in Public Law 114-10 and elections made by the Jackson County Board of Commissioners. 2. Definitions: a. "BoC" means Jackson County Board of Commissioners. b. "Department" means Jackson County Administrator's Office. C. "Parties" means Jackson County and Recipient. d. "Project" means subject matter for which Recipient is receiving funds. e. "Program Manager" means that person which is responsible for administering the County's Title III program. f. "Recipient" means entity receiving Title III funds pursuant to terms of this Agreement. 3. Funding Objectives: a. To establish and conduct programs that comply with Public Law 114-10, under one of these categories: i. Firewise Community Program ii. Search and Rescue and Other Emergency Services iii. Community Wildfire Protection Plan b. To achieve project as described in Exhibit A, herein attached and incorporated by reference. Page 1 of 9 4. Project Description: See Exhibit A 5. Funding Conditions: a. Recipient may only use the grant funds to meet objectives established under Public Law 114-10 and those elections made by the BoC for Title III projects (Project) in Order 93-16. b. Any change or adjustment to the Project, as described in Exhibit A, shall be submitted in writing and approved by the Program Manager prior to expense being incurred. If the Program Manager determines the proposed change materially alters the project, an Agreement amendment shall be required for the change to become effective. c. Any monies Recipient has expended between July 1, 2016, and the date of execution of this Agreement, and which would otherwise be authorized expenses that are reflected in preparation for and/or provided services applicable to this Agreement, will be reimbursed under this Agreement. d. Unless otherwise provided, all unexpended funds and/or property existing at the end of the term of this Agreement will be returned to the County. 6. Payment of Funds: By accepting these funds, Recipient acknowledges and certifies that Recipient is aware it is receiving federal funds which are subject to Single Audit requirements if the dollar threshold is met, as provided by the U.S. Office of Management and Budget (OMB) (http://www.whitehouse.gov/omb/). a. The Project Account Number, stated on Page 1, shall be referenced on all correspondence including, but not limited to, invoices and progress reports. Correspondence or other documents without this identification will be returned and invoices unpaid. b. The Recipient shall submit invoices, together with progress reports, to the County Administrator's Office (the "Department"). These invoices shall reflect services for the quarter endinp_ September 30, December 31, March 31, and June 30, and shall be due for such services within thirty (30) days of each respective date. Recipient may submit invoices monthly, but invoices coinciding with the end of the quarter shall be accompanied by progress reports. If no activity has occurred duriny, the quarter, recipient shall notify the Prop_ram Manager in writing. c. The invoices shall describe all services performed with particularity, by whom and on the date it was performed, the number of hours spent performing such work, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be sent to the Program Manager. d. The Department shall reimburse project expenses upon approval of invoices. _Approval can be denied if Recipient cannot substantiate that expenses are allowed under Public Law 114-10 and the elections made by the BoC and/or if the invoices are not received by the due dates noted above. Page 2 of 9 e. Notwithstanding any of the above, Recipient shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles, and federal circulars (as applicable). In addition, Recipient shall maintain any other records pertinent to this Agreement in such a manner as to clearly document Recipient's performance hereunder. 7. Program Review and Record Inspection: Recipient shall keep regular records and reports in order to evaluate Recipient's compliance with the use of grant funds for achieving program goals and objectives and remain prepared to permit Department and auditors to perform site or desk reviews of all services covered by this grant. 8. Property Acquisition: Recipient must obtain Department advice and consent to any purchase of real property, capital improvements, vehicle purchases and/or other expenditures for property in which such expenditure exceeds $5,000. 9. Conveyance, Assignment or Transfer: Recipient shall not enter into any subcontracts for any of the work required by this Agreement, or assign or transfer any of its interest in this Agreement, without the prior written consent of Department, unless previously allowed as described in Exhibit A. 10. Compliance with Laws: Recipient agrees to fully comply with all federal, state, and local laws, statutes, rules, regulations, and ordinances applicable to the grant agreement. Specific laws include, but are not limited to, those provided in Exhibit B, herein attached and incorporated. RECIPIENT JACKSON COUNTY ADMINISTRATOR B~ (Date) ,,Danny Jordan (Date) 3 0 FORM 14shlar+~ CA "I ~ttomey so Date fD Page 3 of 9 EXHIBIT A Title III Project Form for.lackson County Secure Rural Schools and Community Self-Determination Act Name of Project: Ashland Firewise Communities Recognition Program Project Award (less administrative costs): $150,000 Project Recipient: City of Ashland, Ashland Fire & Rescue Recipient's Address: 455 Siskiyou Blvd Ashland, OR 97520 Recipient Contact Person: Alison Lerch, Fire Adapted Communities Coordinator Phone: 541-552-2231 Fax: 541-488-5318 E-Mail: alison.lerch a,ashland.or.us Project Is Authorized Under the Following Category: (choose only one) [X] Firewise Community Program To carry out activities under the Firewise Communities program to provide homeowners in fire-sensitive ecosystems education on, and assistance with implementing techniques in home siting, home construction, and home landscaping that can increase the protection of people and property from wildfires. [ ] Search and Rescue and Other Emergency Services To reimburse the participating county for search and rescue and other emergency services, including firefighting, that are performed on National Forests 45 days after the date on which the use was pub]ished as required in section 302(b) and that are paid for by the participating county. [ ] Community Wildfire Protection Plan To develop community wildfire protection plans in coordination with the Forest Service acting on behalf of the Secretary of Agriculture and the Bureau of Land Management acting on behalf of the Secretary of Interior. Page 4 of 9 Proposed Project Description Project description: Title III funds will support program activities that will continue to implement and support the Firewise Communities/USA recognition program in Ashland. Ashland has established a successful Firewise Communities program since 2010, with the national recognition of 23 Firewise Communities and working with hundreds of individual residents to increase wildfire mitigation knowledge and preparation of the Home Ignition Zone. The City hopes to increase the number of Firewise Communities in Ashland, maintain and renew annual participation in the program for current Firewise Communities, and provide comprehensive Firewise information and services to all Ashland residents. Specifically: $150,000 Total • Funding for the 23 current Firewise Communities to conduct their Annual Firewise Cleanup Day. • Funding for 8 new Firewise Communities to conduct Firewise Demonstration Projects and assist with their Annual Firewise Cleanup Day. • Grants for fuels removal for Ashland residents within current or proposed Firewise Communities to create defensible space within 200 feet of home (Home Ignition Zone) • Firewise Garden demonstration at Ashland Fire & Rescue Station 1, 455 Siskiyou Blvd, Ashland. • Updating Firewise educational materials and brochures. • Ashland Firewise Clean-Up Day event costs. • Ashlandfirewise.org website overhaul, including new PSAs, interactive defensible space tools, etc. • Production for video about Firewise Communities and HIZ for Ashland residents. • Funding for a table at the Ashland Farmers Market to educate the Firewise Program and hand out Firewise Landscaping and Construction pamphlets. Explain how the project meets the Title III Category criteria (Firewise, SAR, or CWPP): The project meets the Title III Category criteria by specifically providing wildfire-related education and Home Ignition Zone/defensible space mitigation assistance to homeowners and groups serving homeowners in Ashland. The funds will be spent on the efforts involved in the creation of additional Firewise Communities program activities and renew existing Firewise Communities. Educational outreach, classes, materials and assistance will be provided to homeowners and those local contractors that serve them. Explain how the project benefits the community: Ashland's wildfire hazard area has the highest hazard rating in Jackson County and potentially in the State of Oregon. A large wildfire could lead to the loss of many homes and potentially lives as well. Recent fire history has indicated the need for extensive wildfire mitigation and Firewise program goals throughout the city, including the 2009 Siskiyou Fire and the 2010 Oak Knoll Fire, in which 12 structures were lost to wildfire. Since the Firewise Communities program was initiated in Ashland, not one home has been lost to wildfire. This project supports the successful Firewise Communities program renewal process and works at increasing the reach of Firewise within the community. Page 5 of 9 Project start and end date: July 1, 2016 - June 30, 2018. Project goals: I . Renew participation in Firewise Communities program for existing Firewise Communities, and to enroll and assist in the creation of new Firewise Communities as needed within the city of Ashland. 2. Provide quality educational materials for homeowners regarding Firewise principles in landscaping and construction, as well as maintenance of Home Ignition Zone. 3. Continue to coordinate with local partners including the Oregon Department of Forestry, the national Firewise Communities program, and local organizations in order to develop a programmatic approach to the ultimate goal of Firewise recognition. Describe how you will monitor, on a quarterly basis, and report on the progression of the project goals to the County: A quarterly progress report and detailed grant accounting and use of funds will be provided to Jackson County staff using the Title III Quarterly Project Report template (form emailed to me on 2/1/2016). How will the Title III Project funds be spent (subcontractors, direct salaries and wages, materials and supplies, etc.): The funds will be used directly to support the Firewise Communities program in Ashland, and also for specialized sub-contractors when needed. Sub-contractors would include professionals with specific expertise needed to perform Home Ignition Zone mitigation for Ashland. Content would be supplied by the Firewise Coordinator staff, but skills such as translation, graphic design, video production, sign making, etc., will need to be subcontracted. Materials and supplies could include office supplies for supporting grant administration, classes, printing, signs and banners, and other needs and for advertising, printing, website renewal and maintenance and other as needed. Identify any other source(s) of revenue that will be used to fund this project and list the amount: The City of Ashland will be providing indirect costs for the full-time Fire Adapted Community Coordinator position, including salary and benefits. Describe how project revenue and expenses will be tracked to ensure compliance with Secure Rural Schools and Community Self-Determination Act: All revenue and expenses will be tracked by using one specific finance code and quarterly reports will be provided to Jackson County staff with all pertinent receipts and documentation. These expenses will indicate use for Firewise Communities, materials and supplies, and other expenses. Other Comments: Page 6 of 9 Firewise Communities Program, Section 302(a)(1) Forest Service and Bureau of Land Management guidance has been revised to clarify that a county's use of Title III fiends for Firewise activities must be limited to providing specific wildfire-related education or wildland fire mitigation assistance to homeowners. Specifically, section 302(a)(1) authorizes title III finds to be spent on Firewise Communities (must be a recognized or becoming a recognized community, or in a renewal process to be considered a Firewise Community) program activities that 1) educate homeowners in fire-sensitive ecosystems about techniques in siting (positioning or locating) a home, constructing a home, landscaping and maintenance around a home that will decrease the risk of injury or death and decrease the risk of damage or destruction of a home as a result of a wildfire in the area surrounding a home; or 2) assist homeowners in implementing these techniques. A county can also help a community in the Firewise recognition or renewal process, as allowed under the requirements specified above and below. Examples of allowed education assistance to homeowners include: • Disseminating Firewise information with door hangers, print or radio advertisements; • Making Firewise information available at community events; • Holding Firewise educational workshops for homeowners; • Creating or distributing videos on Firewise principles related to the home ignition zone and fire-resistant building materials; and • Outfitting and staffing Firewise trailers or mobile units to educate homeowners about the Firewise principles related to the home ignition zone and fire-resistant building materials. Examples of allowed assistance to homeowners include: • Assisting communities with Firewise planning, including conducting a Firewise community assessment; • Hosting "clean-up days" to encourage homeowners to remove brush and other vegetation from around their homes; • Assisting communities with applications for Firewise Communities recognition; • Providing grants or partial funding for removal of vegetation from around homes; • Salary and transportation costs for youth crews removing vegetation from around homes; • Supervision, transportation, and related costs for parolees or prisoners removing vegetation from around homes; and • Providing chippers to treat hazardous vegetation within the home ignition zone. NOTE: Fuels reduction efforts must be done within the home ignition zone (within 200 feet of the home) to be an authorized use of Title III Examples of activities not allowed include: • Clearing vegetation along emergency evacuation routes; • Clearing vegetation from county lands, parks, schools or cemeteries, or other large swaths of land not directly associated with home siting; • Clearing fuel breaks or removing understory vegetation from large linear areas surrounding communities beyond 200 feet from homes; • Purchasing address and street signs to make it easier for firefighters and emergency responders to locate homes, cabins and businesses; • Updating a 911 emergency response system; • Purchasing or installing water tanks or hydrants to be used for fire suppression; • Purchasing or installing fire danger signs to display the current level of wildland fire danger; • Educating youth about the Firewise program and other issues related to wildland fire; and • Purchasing informational materials and supplies to be used to educate people about the larger issues of wildland fire beyond the home ignition zone. Page 7 of 9 EXHIBIT B 1. Miscellaneous Federal Provisions. Recipients shall comply with all federal laws, regulations, and executive orders applicable to the Agreement or to the conduct of Activities. Without limiting the generality of the foregoing, Recipient shall comply with the following laws, regulations and executive orders to the extent they are applicable to the Agreement: (a) Titles VI and VII of the Civil Rights Act of 1964, as amended, (b) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (c) Executive Order 11246, as amended; (d) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; (e) the Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended; (f) all regulations and administrative rules established pursuant to the foregoing laws; (g) all other applicable requirements of federal civil rights and rehabilitation statutes, rules and regulations; (h) all federal laws requiring reporting of client abuse. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Agreement .and required by law to be so incorporated. No federal funds may be used to conduct activities in violation of 42 USC 144021 2. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Federal funds received by Recipient under this Agreement from the sources identified in this Agreement are subject to the requirements of 2 CFR Chapter I, and Chapter II, Parts 200, 215, 220, 225, and 230 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards". With respect to federal funds received by Recipient under this Agreement, Recipient is to comply with the administrative requirements, cost principles, and audit requirements and responsibilities as determined in accordance with the provisions of 2 CFR Chapter 1, and Chapter II, Parts 200, 215, 220, 225, and 230. 3. Equal Employment Opportunity. If this Agreement, including amendments, is for more than $10,000, then Recipient shall comply with Executive Order 11375, and as supplemented in Agency of Labor regulations (41 CFR Part 60). CFR Chapter 1, and Chapter II, Parts 200, 215, 220, 225, and 230. 4. Clean Air, Clean Water, and US Environmental Protection Agency (EPA) Regulations. If this Agreement, including amendments, exceeds $100,000 then Recipient shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), which prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. Violations shall be reported to the County. Recipients receiving more than $100,000, in Federal Funds must comply with the federal laws identified in this section. 2 CFR Chapter 1, and Chapter II, Parts 200, 215, 220, 225, and 230. 5. Energy Efficiency. Recipient shall comply with applicable mandatory standards and policies relating to energy efficiency that are contained in the Oregon energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-165). OMB Circular A-105,T 14.j. 6. Truth in Lobbying. The Recipient certifies, to the best of its knowledge and belief that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement and the Page 8 of 9 extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any such officer, employee or member in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. This certification is a material representation of facts upon which reliance was placed when this Agreement was made or entered into. Submission of the certification is a prerequisite for making or entering into this Agreement imposed by section 1352, Title 31, U.S. Code. Any person 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. 7. Resource Conservation and Recovery. Recipients shall comply with all mandatory standards and policies that relate to resource conservation and recovery pursuant to the Resource Conservation and Recovery Act (codified at 42 USC 6901 et. seq.). Section 6002 of that Act (codified at 42 USC 6962) requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the Environmental Protection Agency. Current guidelines are set forth in 40 CFR Parts 247-253. 8. Debarment and Suspension. Recipient shall not permit any person or entity to be used on the Project if the person or entity is listed on the non-procurement portion of the General Service Administration's "List of Parties Excluded from Federal Procurement or Nonprocurement Programs" in accordance with Executive Orders No. 12,549 and No. 12,689, "Debarment and Suspension". (See 45 CFR part 76). This list contains the names and parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory authority other than Executive Order No. 12549. Recipients with awards that exceed the simplified acquisition threshold shall provide the required certification regarding their exclusion status and that of their principals prior to award. 9. American with Disabilities Act. Recipient is to comply with Title II of the American with Disabilities Act of 1990 (codified at 42 USC 12131 et. seq.) in the construction, remodeling, maintenance and operation of any structures and facilities, and in the conduct of all programs, services and training associated with the conduct of Activities. 10. Pro-Children Act. Recipient shall comply with the Pro-Children Act of 1995 (codified at 20 USC section 6081 et. seq.). Page 9 of 9 Administrator's Office Contracia (Traci) Carrier Budget Analyst ACKSON COUNTY 10 South Oakdale, Room 214 Medford, OR 97501 Phone: 541-774-6007 Oregon Fax: 541-774-6705 CarrieCD@jacksoncounty.org www.jacksoncounty.org July 8, 2016 Ms. Alison Lerch Ashland Fire Department 455 Siskiyou Blvd Ashland, OR 97520 Re: Title III Agreements Dear Ms. Lerch: Enclosed are your copies of the two signed Title III Funding Agreements; Project 3511 Ashland Firewise and Project 3517 Ashland CWPP. Also included is the signed Amendment for the Ashland Firewise Project 3235. If you have any questions or concerns, please let me know. Sincerely, Contracia (Traci) Carrier Budget Analyst Enclosure(s): 3 L,CAO,TraciyTITLE III,FY 16-17 & FY 17-18 Agreements, Ashland Cover Sheet Letter.docx