HomeMy WebLinkAbout2016-183 Agrmt- Jackson County - #3517 CWPP
FUNDING AGREEMENT
Terms and Conditions for Jackson County Funding for:
City of Ashland
Public Law 114-10, Title III
OFFICE USE ONLY
Ashland Community Wildfire
Project Name: Protection Plan Development Title III Category: CWPP
and Update
Project Contact: Chris Chambers Project Number: 3517
Phone: 541-552-2066 Term of this Agreement: 7/1/2016-
6/30/2018
Address: 455 Siskiyou Blvd Total Project Award $10,537.00
Ashland, OR 97520 (Total amount not distributed to recipient)
Less Jackson County Overhead: ($,537.00)
Amount Distributed to Recipient: $105000.00
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.
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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 ending 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 during
the quarter, recipient shall notify the Program 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.
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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
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EXHIBIT A
Title III Project Form for Jackson County
Secure Rural Schools and Community Self-Determination Act
Name of Project: Ashland Community Wildfire Protection Plan Development and Update
Project Award (less administrative costs): $10,000
Project Recipient: City of Ashland, Ashland Fire & Rescue
Recipient's Address: 455 Siskiyou Boulevard, Ashland, OR 97520
Recipient Contact Person: Chris Chambers, Forest Division Chief
Phone: 541-552-2066 Fax: 541-488-5318
E-Mail: chris.chalnbers2cashland.or.us
Project Is Authorized Under the Following Category:
(choose only one)
[ ] 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 published as required in section 302(b) and that
are paid for by the participating county.
[X] 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.
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Proposed Project Description
Project description:
Title III funds will support continued development of an updated City of Ashland Community
Wildfire Protection Plan (CWPP). Originally approved in 2004, the Ashland CWPP has not been
updated since the original version and is out of date and ineffective. Title III funds will be used to
create the following deliverables:
• Content development via community partnerships and technical expertise
• CWPP document design, editing, publishing
Explain how the project meets the Title III Category criteria.
Much like the related Jackson County Integrated Fire Plan, the Ashland CWPP meets the
development criteria under the Community Wildfire Protection Plan category. The Ashland CWPP
will be developed collaboratively with participation from the U.S. Forest Service and Oregon
Department of Forestry as well as community leaders and citizens to meet the requirements listed
in the CWPP category.
Explain how the project benefits the community:
Ashland has the highest wildfire hazard rating in Jackson County and potentially in the State of
Oregon. Ashland's FEMA Natural Hazard Mitigation Plan rated wildfire as the number one natural
hazard Ashland faces. A large wildfire could lead to the loss of many homes and potentially lives.
Recent fire history, including the 2009 Siskiyou Fire and the 2010 Oak Knoll Fire (11 homes lost),
indicates the need for extensive wildfire mitigation programs, including Firewise, throughout the
city and adjacent areas surrounding the city.
The Ashland Watershed, source of the City's drinking water supply and largely federally managed
by the Forest Service, is at extreme risk from wildfire that could originate from within the City
itself. The updated Ashland CWPP will address all wildfire risk factors, set priorities for
mitigation, and develop action plans to address protection of homes, property, life, and federal
land in the municipal watershed. This will be done in a way to create community ownership of risk
and the resulting mitigation actions.
Project start and end date:
July 1, 2016 through June 30, 2018
Project goals:
Develop an updated Community Wildfire Protection Plan with partner agency participation and
community collaboration. Specifically:
a. Create a detailed and updated risk assessment for Ashland
b. Set community priorities for wildfire mitigation programs to accomplish
c. Publish a CWPP document that is accessible to the public and stakeholders
d. Develop an action plan and budget to accomplish prioritized tasks with timelines
and responsible entities
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Describe how you will monitor, on a quarterly basis, and report on the progression of the
project goals to the County:
Monthly meetings are ongoing with the City's Wildfire Mitigation Commission that serves as the
guiding body for the CWPP development and update process. Minutes from the meetings can be
summarized along with other progress and an accounting report each quarter and reported to
County Staff using the Title III Quarterly Project Report template.
How will the Title III Project funds be spent (subcontractors, direct salaries and wages,
materials and supplies, etc.):
The funds will be used directly for meeting costs, GIS technical expertise via contracts or City
staff time, and document production costs such as editing, design, and printing.
Identify any other source(s) of revenue that will be used to fund this project and list the
amount:
The City of Ashland will provide matching dollars in the form of in-kind salaries and benefits for
the Forest Division Chief and Fire Adapted Communities Coordinator to lead development of the
Ashland CWPP. Volunteer hours will also be used to guide the development and production
process. External agency time (U.S. Forest Service, Oregon Department of Forestry) will also
contribute to the project.
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 salary and benefits, contracts, materials and supplies, and other
expenses. We do not expect this project to generate any revenue.
Other Comments:
None.
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Community Wildfire Protection Plans, section 302(a)(3)
A community wildfire protection plan is defined in section 101(3) of the Healthy Forests
Restoration Act of 2003 (Public Law 108-148) (HFRA), with specific content and a process for
development. The term "community wildfire protection plan" means a plan for an at-risk
community that:
A. Is developed within the context of the collaborative agreements and guidance established
by the Wildland Fire Leadership Council and agreed to by the applicable local
governments, local fire department, and State agency responsible for forest management,
in consultation with interested parties and the federal land management agencies managing
land in the vicinity of the at-risk community;
B. Identifies and prioritizes areas for hazardous fuel reduction treatments and recommends
the types and methods of treatment on Federal and non-Federal land that will protect one
or more at-risk communities and essential infrastructure; and
C. Recommends measures to reduce structural ignitability throughout the at-risk community.
Examples of allowed community wildfire protection plan activities include:
• Monitoring and updating an existing community wildfire protection plan;
• Developing or updating a community wildfire protection plan that addresses National
Forest lands, O&C, Coos Bay Wagon Road lands, and other Federal, State, County,
municipal, tribal or private lands, all within the same fire shed, if Forest Service/BLM
personnel are involved in this planning.
Examples of activities not allowed include:
• Developing community wildfire protection plans without coordinating with the
Secretary concerned;
• Activities to implement a community wildfire protection plan, such as completing fuel
reduction treatments, creating fuel breaks outside the home ignition zone, creating
water sources for fire-fighting purposes, and establishing a 911 emergency response
system.
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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 14402.
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 1, and Chapter 11, 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 11,
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 11, 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 11, 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,¶ 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
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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 Il 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.).
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Administrator's Office
Contracia (Traci) Carrier
Budget Analyst
ACKSON COUNTY 10 South Oakdale, Room 214
r I i Medford, OR 97501
Phone: 541-774-6007
O r e g o n 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
1:.CAO.Traci,TITLE III FY 16-17 R FY 17-18 Agreements Ashland Cover Sheet Letter.doch