HomeMy WebLinkAbout2014-330 Agrmt - Jackson County - #3240 CWPP
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FUNDING AGREEMENT
Terms and Conditions for Jackson County Funding for:
City of Ashland
Public Law 112-141, Title III
OFFICE USE ONLY
Project Name: Ashland Community Wildfire Title III Category: CWPP
Protection Plan
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Project Contact: Chris Chambers Project Number: 3240
7/1/2014-
541-552-2066 Term of this Agreement:
Phone: 6/30/2016
Address: 455 Siskiyou Boulevard Total Project Award $19058.00
(Total amount not distributed to recipient) '
Ashland, OR 97520 Less Jackson County Overhead: ($1,058.00)
Amount Distributed to Recipient: $18,000.00
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 l 12-141 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 (his
Agreement.
3. Funding Objectives: r
a. To establish and conduct programs that comply with Public law 112-141, under
one of these categories:
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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. The Recipient may use the grant funds only to meet objectives established under
Public Law 112-141 and those elections made by BoC for Title III projects (Project)
in Order 125-14.
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, a contract amendment shall be required for the change to become
effective.
c. Any monies Recipient has expended between July 1, 2014 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
& Budget (OMB) (http://www.whitehouse.gov/ombo.
a. The Project 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 this (3) days of each
respective date. Recipient may submit invoices monthly, but those 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 Title III 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 112-141 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 i
maintain any other records pertinent to this contract 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 statutes,
rules, regulations, local laws 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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y (Date) Panny Jordan (Date)
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Approved a o Legal Sufficiency:
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A4
resa Campbell
Sr. Assistant County Counsel
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EXIMIT A
Title III Project Form for Jackson County
Secure Rural Schools and Community Self-Determination Act
Name of Project: Ashland Firewise Communities Recognition Program
Project Award (less administrative costs): $28,000
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 Fag: 541-488-5318
E-Mail: chris chambers&ashland or us
Project Is Authorized Under the Following Category (see attachment starting on p. 7 for
additional guidance):
(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 published 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.
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Proposed Project Description r
Project description:
Title III funds will support 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:
• Updated Community Risk Assessment tiered to the Jackson County Integrated Fire
Plan risk assessment.
• Facilitated community public meetings (2) to gather input during the planning
process
• CWPP document design, editing, publishing
Specifically:
• Community Risk Assessment: $10,000
• Public Meetings: $3,000
• CWPP production: $5,000
Explain how the project meets the Title III Category criteria (Firewise, SAR, or CWPP):
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 C WPP 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, 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 1
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.
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Project start and end date:
July 1, 2014 to June 30, 2016.
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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. Engage community stakeholders and gather input
c. Set community priorities for wildfire mitigation programs to accomplish
d. Develop an action plan and budget to accomplish prioritized tasks with timelines
and responsible entities
Describe how you will monitor, on a quarterly basis, and report on the progression of the
project goals to the County:
Monthly meetings have already begun with a dedicated City volunteer Commission that will serve
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 PL 112-343 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 to contract a GIS professional or for a City GIS specialist to create
the risk assessment tiered to the County's assessment, hire a local facilitator for public meetings
and gathering of stakeholder input, and for a local contract to produce the CWPP document.
Materials and supplies will be incidental except for the materials required for printing of the CWPP
document itself estimated at less than 800 dollars.
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 Chief 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, and Jackson County) will also contribute to
the project.
Describe how project revenue and expenses will be tracked to ensure compliance with Public
Law 112-141:
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.
Other Comments:
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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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EXmsIT B
1. Miscellaneous Federal Provisions. Recipients shall comply with all federal laws, regulations, and
executive orders applicable to the Contract or to the conduct of Activities. Without limiting the
generality of the foregoing, Recipients shall comply with the following laws, regulations and
executive orders to the extent they are applicable to the Contract: (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 Contract and required by law to be so incorporated. No
federal funds may be used to conduct Activities in violation of 42 USC 14402.
2. Cost Principles. With respect to federal funds received by County under this Contract, Recipient
is to comply with the cost principles determined in accordance with the provisions of OMB Circular
A-87, "Cost Principles for State, Local and Indian Tribal Governments." Federal funds received
by County under this Contract from the sources identified in this Agreement are subject to the audit
requirements under the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits
of States, Local Governments, and Non Profit Organizations". Recipient shall comply with the
applicable audit requirements and responsibilities set forth in OMB Circular AA 33.
3. Equal Employment Opportunity, If this Contract, 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). OMB Circular A-102, ¶ 14.c.
4. Clean Air, Clean Water, EPA Regulations. If this Contract, 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. OMB Circular AA 02, 1 14.i.
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,¶
14J.
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 extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
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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.
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This certification is a material representation of facts upon which reliance was placed when this
Contract was made or entered into. Submission of the certification is a prerequisite for making or
entering into this Contract 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 i
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 s
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. ADA. 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.).
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