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HomeMy WebLinkAbout2017-065 Grant Agrmt - OR Watershed Enhancement - No 216-8204-15366 i Grant No. 216-8204-15366 Project Name: Ashland Forest All-Lands Restoration Initiative OREGON WATERSHED ENHANCEMENT BOARD RESTORATION GRANT AGREEMENT Grantee: City of Ashland_ Grant Number: 216-8204-15366 Grant Name: Ashland Forest Ali-Lands Restoration Initiative Award Amount: $1,153,430.00 Project Completion Date: June 30, 2018 Award Date: January 26, 2016 Post-Implementation Status Reporting Period: Two years (See Exhibit D) Post-Implementation Status Reporting Schedule: One (1) PSIR Report is required. Report One (1) is due on June 30, 2020. Grantee Project Manager for the Grantee City of Ashland Chris Chambers 20 East Main Street City of Ashland Ashland, OR 97520 455 Siskiyou BLVD Phone: (541) 552-2103 Ashland, OR 97520 Fax: (541) 488-5311 Phone: (541) 552-2066 Email: jolin.karns@ashland.or.us Fax: (541) 488-5311 Contact: John Karns Email: chris.chambers@ashiand.or.us Payee Project Manager for the Board Barbra Christensen Mark Grenbemier City of Ashland OWEB 20 East Main Street 221 Stewart Ave., Suite 201 Ashland, OR 97520 Medford, OR 97501 Phone: (541) 488-5300 Phone: (541) 776-6062 Fax: (541)488-5311 Fax: (541) 776-6262 Email: barbra.christensen@ashiand.or.us Email: mark. grenbemer@oregon.gov Fund Source: This grant includes $1,153,430.00 of either Oregon Lottery funds or another state fund source and must comply with the requirements defined in Article XV, section 4b(2) of the Oregon Constitution. This Grant Agreement is between the Oregon Watershed Enhancement Board, hereafter called "Board," and the Grantee as identified above, in consideration of the mutual covenants contained herein. This Agreement consists of the following, in descending order of precedence: modifications to this Agreement contained in Exhibit B, if applicable, this Agreement less all exhibits attached, Exhibits H (Grant Application selected for funding by the Board), B (Conditions of Agreement), A (Schedule for Release of Funds), C (Project Completion Report Requirements), D (Post-Implementation Status Report Requirements), E (Permits and Licenses), F (Cooperative[Landowner Agreement(s)), and G (Oregon Prevailing Wage Rate Law). 2015.17 Restoration 9.8.16 1 Grant No. 216-8204-15366 Project Name: Ashland Forest Ail-Lands Restoration Initiative A. Authorization This grant is authorized by ORS 541.890 to 541.958, as amended by Oregon Laws 2011, chapter 643, and is subject to Oregon Administrative Rules 695001-0000 to 695-050-0050, as such rules may periodically be amended by the Board. B. Grant Award The Grantee agrees to perform the Project described in the grant application (Exhibit H) and as specified in this Agreement. The Board will disburse Grant Funds in accordance with Exhibit A (Schedule for Release of Funds). The Grantee agrees that funds provided by the Board will be used only for the Project. "Payee" designated on page one (1) of this Agreement means the person or entity designated by Grantee to administer grant payments under this Agreement. C. Term of Agreement Unless otherwise specified in Exhibit B, upon signature by all parties, this Agreement is effective as of the Award Date specified on page one (1) of this Agreement, and expires on the Project Completion Date specified on page one (1) of this Agreement. D. Funding Conditions The Board's obligation to disburse funds to Grantee under this Agreement is subject to the Board having received, oa the date of each disbursement, sufficient funding, appropriations, limitations, allotments, or other expenditure authority to allow the Board, in the exercise of its reasonable administrative discretion, to make each disbursement. Nothing in this Agreement entitles Grantee to receive payment under this Agreement from any part of Oregon state government other than the Board, and nothing in this Agreement is to be construed as permitting any violation of Article IX, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon. As a condition for the disbursement of any Board funds, the Grantee agrees to do the following: 1. Obtain Necessary Permits and Licenses Submit to the Board's Project Manager, before release of any Board funds for the Project components requiring permits or licenses, or for activities dependent on portions of the Project for which a permit or license has yet to be issued, copies of all permits and licenses from local, state or federal agencies or governing bodies that have been obtained, or written evidence acceptable to the Board that permits and licenses are not needed (see Exhibit E, Permits and Licenses) as required by ORS 541.932(10). This statute gives OWEB discretion in releasing funds for portions of projects that do not require a permit or license. In considering whether to release funds for portions of on-the-ground restoration activities that do not require pen-nits or licenses, OWEB will consider whether the activities provide ecological benefit consistent with the project objectives, and are not dependent on the portion of the project for which a permit or license has yet to be issued. OWEB also has the discretion to condition its release of funds based on specific circumstances of a project. Grantee should review Exhibit B Conditions of Agreement for any related conditions with respect to permitting, licensing and fund release. 2. Obtain Signed Landowner Agreements Unless otherwise specified in Exhibit B, the Board will not release any payments under this Agreement until Grantee has submitted to the Board's Project Manager copies of signed Cooperative/Landowner Agreements for each Project site. Such Cooperative/Landowner Agreements shall at a minimum contain the agreements and certification outlined in Exhibit F. 3. Comply With Implementation Conditions (a) Submit to the Board's Project Manager, before release of any Board funds, documentation that non-Board match of at least 25% of the total amount of funding from the Board has been 2015-17 Restozation 9.8.16 2 Grant No. 216-8204-15366 Project Naine: Ashland Forest All-Lands Restoration Initiative secured as required by OAR 695-005-0060(3), unless otherwise specified in Exhibit B, Conditions of Agreement. (b) Comply with the applicable Oregon Aquatic Habitat Restoration Guidelines under the Oregon Plan for Salmon and Watersheds. See littp:Hwww oregoil.gov/OWEB/does/pubs/liabgtiide99-coinplete.pdf. (c) Provide written notice to the Board's Project Manager of any Grantee address changes, Grantee Project Manager changes or Payee changes. 4. Document and Report Project Completion; Board Approval (a) Submit to the Board's Project Manager all receipts, expenditure tracking sheets, and other accounting records through the Project Completion Date, to document expenditure of grant fund installments, and to account for all other funding, in-kind contributions and donations in the Project Completion Report. (b) Submit to the Board's Project Manager within 60 days after the Project Completion Date a Project Completion Report satisfactory to the Board, that complies with Exhibit C, includes any special reporting required in Exhibit B, and includes two (2) hard copies of the final Request for Release of Funds. (c) Upon receipt of a Project Completion Report, the Board has 90 days to either approve the report and release final funds, or notify Grantee of any concerns or missing information that must be submitted before the report is considered complete. The report is not considered complete until Grantee has responded to the Board's concerns and questions in a manner satisfactory to the Board's Program Manager and Fiscal Manager. (d) "Board approval" of the Project Completion Report means the report has been approved by the Board's Program Manager or delegate, and the final Request for Release of Funds has been approved by the Board's Fiscal Manager or delegate. The Project Completion Report will show as "outstanding" (i.e., overdue and not approved) on the Board's Oregon Grant Management System ("OGMS") until the report and Request for Release of Funds has been approved by the Board. New Grant Agreements and amendments for time extensions and award amounts will not be released to Grantee if Grantee has any outstanding reports. E. Records Maintenance and Access 1. Access to Records and Facilities. The Board, the Secretary of State's Office of the State of Oregon and their duly authorized representatives will have access to the books, documents, papers and records of Grantee that are directly related to this Agreement, the grant moneys provided hereunder, or the Project for the purpose of making audits and examinations. In addition, the Board, the Secretary of State's Office of the State of Oregon and their duly authorized representatives may make and retain excerpts, copies and transcriptions of the foregoing books, documents, papers and records. Grantee will permit authorized representatives of the Board, the Secretary of State's Office of the State of Oregon and their duly authorized representatives to perform site reviews of all services delivered as part of the Project. 2. Retention of Records. Grantee will retain and keep accessible all books, documents, papers, and records that are directly related to this Agreement, the grant moneys or the Project for a minimum of six (6) years, or such longer period as may be required by other provisions of this Agreement or applicable law, following termination or expiration of this Agreement. If there are unresolved audit questions or litigation at the end of the six-year period, Grantee will retain the records until the questions or litigation is resolved. 3. Expenditure Records. Grantee will document the expenditure of all grant moneys disbursed by the Board under this Agreement. Grantee will create and maintain. all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit the Board to verify how the grant moneys were expended, including without limitation accounting for all other funds expended, as well as in-kind services and donated materials. 2015-17 Restoration 9.8.16 3 Grant No. 216-8204-15366 Project Name: Ashland Forest All-Lands Restoration Initiative F. Amendments; Chan Lres in Project Approved by Board 1. Except as provided in Section F(3), any modifications of this Agreement must be mutually agreed to in writing by all parties. 2. Amendments for time extensions, reinstatements, and award amounts will be pennitted only if all reporting obligations under any other agreements between the Board and Grantee have been met to the Board's satisfaction. Other amendments, such as budget category changes, may proceed regardless of reporting obligation status. 3. Grantee agrees to complete the Project as approved by the Board unless proposed modifications to the Project are submitted in writing to, and approved in writing by, the Board's Project Manager or, if required by this Agreement, the Board's Program Manager, prior to the beginning of any work proposed in the modification. Modifications to the budget categories shown in Exhibit A may be approved for change upon signature of the Board's Project Manager. G. Assignment The Grantee will not assign or transfer its interest in this Agreement without prior written approval from the Board. H. Permission Required to Access Private Property; Access to Pro.iect Sites In carrying out this Agreement, Grantee will not access any private property without first obtaining verbal or written consent from the landowner of the private property. Grantee will direct its contractors not to access private property without first obtaining verbal or written consent from the landowner of the private property. Upon Board request and consistent with the Cooperative/Landowner Agreement(s) meeting the requirements as specified in Exhibit F, Grantee will seek the landowner's permission for mutually convenient access to the Project site by Board members and their representatives for the purposes of evaluating Project implementation, completion, past-implementation status or effectiveness. 1. Public Domain Information Projects funded by this grant may be used in the collection of monitoring information on private lands about the effects of the Project on aquatic or terrestrial conditions. Grantee acknowledges that all monitoring; information obtained from private lands may become public information subject to the requirements of ORS 192.410 to 192.505. J. Post-Implementation Maintenance and Post-Implementation Reports 1. Projects funded by the Board are intended to provide long-term benefits to the watershed. The Grantee or landowner will provide necessary and normal maintenance to sustain the value of the Project once it is completed. Maintenance will be in accordance with the terms of the Cooperative/Landowner Agreement(s) (Exhibit F). 2. Grantee shall submit Post--Implementation Status Reports documenting the status of the Project that are satisfactory to the Board and comply with Exhibit D and any special reporting requirements in Exhibit B. Reporting shall be at a frequency and for the period specified on page one (1) of this Agreement. 3. Reports are not considered complete until Grantee has responded to the Board's concerns and questions in a manner satisfactory to the Board's Project Manager and Program Manager. "Board approval" means the report has been approved by the Board's Program Manager or delegate. A report will show as "outstanding" (i.e., overdue and not approved) on OGMS until the report has been approved by the Board. New Grant Agreements and amendments for time extensions and award amounts will not be released to Grantee if Grantee has any outstanding reports. 2415-17 Restoration 9.8.16 4 i Grant No. 216-8204-15366 Project Naive: Ashland Forest All-Lands Restoration Initiative K. Termination of Grant Agreement 1. This Agreement may be terminated: (a) At any time by mutual written consent of all parties; (b) Upon written notice by the Board to Grantee for Grantee's failure to perform any provision of this Agreement; (c) Upon 30 days written notice by the Board to Grantee for any other reason specified in writing; or (d) At any time, upon written notice by the Board, if the Board lacks sufficient funding, appropriations, limitations, allotments, or other expenditure authority to allow the Board, in the exercise of its reasonable administrative discretion, to disburse the grant funds. 2. Within 30 days of termination, Grantee will return to the Board any unspent funds provided by the Board under this Agreement in accordance with Section P, Recovery of Grant Funds. The Board will reimburse the Grantee for authorized services performed and eligible expenses incurred before the termination under this Agreement. L. Compliance With Applicable Law Grantee shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to this Agreement or to the Project. Without limiting the generality of the foregoing, Grantee expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to the Agreement or the Project: (a) all applicable requirements of state civil rights and rehabilitation statutes, rules and regulations, (b) Titles VI and VII of the Civil Rights Act of 1964, as amended, (c) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, (d) the Americans with Disabilities Act of 1990, as amended, (e) Executive Order 11246, as amended, (f) the Health Insurance Portability and Accountability Act of 1996, (g) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended, (h) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, (i) all regulations and administrative rules established pursuant to the foregoing laws, and 0) all other applicable requirements of federal civil rights and rehabilitation statutes, rules and regulations. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Agreement or the Project and required by law to be so -incorporated. Grantee shall not discriminate against any individual, who receives or applies for services as part of the Project, on the basis of actual or perceived age, race, creed, religion, color, national origin, gender, disability, marital status, sexual orientation, age or citizenship. All employers, including Grantee, that employ subject workers who provide services in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under state law. M. Grantee Authority The individual signing on behalf of the Grantee hereby certifies and swears under penalty of applicable law that s/he is authorized to act on behalf of Grantee, has authority and knowledge regarding Grantee's payment of taxes, and to the best of her/his knowledge, Grantee is not in violation of any Oregon tax laws. N. Yndem.nit_y Subject to the limitations of the Oregon Tort Claims Act (ORS 30.260 - 30.300), Grantee will defend (subject to any limitation imposed by ORS Chapter 180), save, hold harmless, and indemnify the State of Oregon and the Board and their officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature resulting from or arising out of, or relating to the activities of Grantee or its officers, employees, contractors, or agents under this Agreement or in the implementation of the Project. o. Desil4nation of Forum Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. 2015-17 Restoration 9.8.16 5 Gwent No. 216.8204-15366 ~ Projeot Name, Ashland Forest All-Lands Restoration Initiative F. Recoyel-y of Grant Funds Any fumds disbursed to Grantee under this Agreement that are expanded in violation or contravention of one or more of the provisions of this Agreement or that itniain unexpended on the earlier of termination of this Agreement or the Project Completion Date must be retruned to the Board not later than 15 days after the Board's written demand, Q. Counterparts This Agreement may be executed in several counterparts, including by facsimile or by signature on a portable document format (pd fl delivered by email, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. THIS AGREEMENT, INCLUDING ALL MAT ERIAU INCORPORATED BY REFERENCE, CONSTI10- 8 THE ENTIRE AGREEMENT BETWEEN TIM, PARTIES ON THIS SUBJECT. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPEC]FXEA HERE REGARDING THIS AGREEMENT. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIYER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR. THE SPECIFIC PURPOSE GIVEN. THE FAILURE OF THE BOARD TO ENFORCE ANY PROVISION OF THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER BY THE BOARD OF THAT OR ANY OTHER PROVISION. GRANTEE, BY EXECUTING THIS AGREEMENT, HEREBY ACIMOWLEDGES THAT GRANTEE HAS RE" THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CF.IiTIFICATIUN GRANTEE CERTRiUS THAT GRANTEE, 'ILL NOT BEGIN WORK ON PROJECTS INVOLVING PRIVATE LANDS UNTIL GRANTEE HAS SECURED COOPERATIVE LAND OWNER AGREEMENTS (EXHIBIT F) WIT»r ALL PARTICIPATING PRIVATE LANDOWNERS THAT, AT A MINIMUMV Ci)MPLY WITH SECTION H AND INCLUDE THE FOLLOWING: (a) identification of the party responsible for repairs and maintenance of the Project; and (b) Acimowledgement that the landowner is aware of the application to OVM and that Information relating to the work, including effectiveness monitoring data, is a public record. AGREED: FOR71;HE G WE: F THE BOAMD: f t/ OWEB Program Manager Print Name • 3 Da Date (If the grant is for more than $150,000) APP O FOR. LEGAL 1C ! P r taut Attorney Gen Oregon Department of Justice 2e ,20 Date 2015-17 Restoratlon %8.16 6 i r i Grant No. 216-8204-15366 Project Name: Ashland Forest All-Lands Restoration Initiative EXHIBIT A SCHEDULE FOR RELEASE OF FUNDS All fund requests shall comply with the Board's Billing Instructions and Budget Categories Definitions and Policies, (littp•//xv-%vw.oreaon.gov/OWEB/Pages/foi-ms linked.asps) and be submitted using the most current Request for Release of Funds form signed by the Grantee, Payee, or other agent authorized by Grantee. Disbursement of funds is subject to the Board having sufficient funding on the date of each disbursement. Payment requests will be processed after approval by the Board's Project and Fiscal Managers or delegates. Funds are released upon Board approval of receipts or invoices for amounts $250 or more (excluding indirect cost grant administration) for purchases or work accomplished along with an expense tracking spreadsheet for all Board expenses. The Board may agree to release funds in advance on the basis of the Board's approval of a detailed estimate of expenses. Copies of receipts, invoices or supporting documentation, for amounts $250 or more (excluding indirect cost grant administration) must be submitted to document Board funds previously advanced for this grant within 120 days of the date of the advance payment. Also, an expense tracking spreadsheet for all Board expenses shall be submitted. Grantee's failure to clear the advance by providing satisfactory documentation within 120 days may delay new grants and other grant payment requests and amendments. The grant budget consists of the elements listed below. Budget Category Amount OWEB Funds Salaries, Wages and Fringe Benefits $0.00 Contracted Services $1,103,760.00 Travel $0.00 Materials/Su lies $0.00 Equipment/Software $0.00 Other $0.00 Categories Subtotal $1,103,760.00 Grant Administration $49,670.00 Post-Grant $0.00 Grant Total $15153,430.00 Note: The final 10% of the grant ($115,343.00) will not be released for payment until the Board's approval of the Project Completion Report including all grant expense documentation. OAR 695- 005-0060(8). Submittal and Board approval of a Project Completion Report and final Request for Release of Funds will authorize the Board to retain any remaining unspent funds. 2015-17 Restoratioxi 9.8.16 7 Grant No. 216-8204-15366 Project Name: Ashland Forest All-Lands Restoration Initiative EXHIBIT B CONDITIONS OF AGREEMENT The following conditions apply to the implementation of this Agreement: 1. OWEB will not release any funds for a Project site until Grantee has submitted to the Board's Project Manager copies of signed Cooperative/Landowner Agreement(s) for that Project site(s) 2. Obtain written approval from the Board's Project Manager before ecological thinning activities commence on the Mountcrest Forestry property to ensure activities are compatible with the pending conservation easement and associated management plan. 3. Pre-Project Photos and Map: (a) OWEB will not release any funds for a Project site until Grantee has submitted to the Board's Project Manager pre-Project photos at photo points established to track visual change(s) resulting from restoration Project. Grantee should carefully consider photo point locations to ensure photos clearly show the same sites and perspective in future photos to meet reporting requirements (see Exhibits C and D) and demonstrate that completed restoration meets the scope of work described in the grant application. Guidelines for photo point documentation are provided on the OWEB website at: littp://www.oregon.(2ov/OWEB/does/pubs/PhotoPoiiit Monitoring Doc Ju1y2007.1)df. (b) OWEB will not release any funds for a Project site until Grantee has submitted to the Board's Project Manager a map that show's where the photo points have been established. Baseline criteria for the map include 8 1/2 x 11 size and .pdf format. Minimum background layers include recent aerial imagery, Project boundary, streams, and roads/highways. 4. The following special conditions apply to the project completion report (PCR) and are in addition to Exhibit C information needs: (a) Provide at least one (1) photo point from five (5) of the properties being treated. Photo points should include a pre-treatment photo and post-treatment photo. 5. The following special conditions apply to the post-implementation status report (PiSR) and are in addition to Exhibit D information needs: (a) Provide at least five (5) photos from the photo points as provided for in the PCR. 2015-17 Restoration 9.8.16 8 i Grant No. 216-8204-15366 Project Name: Ashland Forest 1x.11-Lands Restoration Initiative EXHIBIT C PROJECT COMPLETION REPORT REQUIREMENTS Oregon Administrative Rule 695-010-0100(1) states that "Grantee must submit a report at completion of the Project describing the work done and placing it in its larger watershed context." Therefore, Grantee must submit a Project Completion Report within 60 days following the Project Completion Date, that includes, but is not limited to, (1) through (7) below. The Project Completion Report may be submitted in writing to the Board's Project Manager or submitted electronically on the Board's Grant Management System (OGMS). Electronic submission requires an OGMS User Identification and password. To request a User Identification and password, call (503) 986-0183. (1) A final Project summary that in 200 words or less, describes what the Project accomplished and what problem(s) it addressed. The information you provide will be used for accountability and reporting purposes, and displayed for the general public. Please make a clear and concise statement; avoid jargon and acronyms. For guidance see www oregon gov/OWEB/GRANTS/Pages/final report guidance.aspx. (2) A brief, narrative description of the Project including: (a) Background on the problem that generated the Project; (b) A description of the work done, placing it in its larger watershed context; (c) A description and explanation of any changes to the original proposal; (d) A summary of any outreach activities related to the Project, including identification of any tours or presentations and copies of newspaper or other media coverage about the Project; (e) Lessons learned, if any, from the Project; and (f) Recommendations, if any, for more effective implementation of similar projects. (3) See Exhibit B for any additional reporting requirements for the Project Completion Report. (4) Documentation that the Project complies with the Oregon Aquatic Habitat Restoration and Enhancement Guide, if applicable. See http:HwwNv oregon gov/OWEB/does/Jnubs/llabguide99-complete.pdf. (5) Color photographs of the Project areas before and after the Project completion taken at pre-set photo points. Guidelines for photo point documentation are provided on the OWEB website at: 11tip://WNNAN,.oi-egoii.gov/0WEB/dOCS/PLibs/131iotoPoiilt Monitoring-Doc Jllly2007.pdf. (6) Submit Oregon Watershed Restoration Inventory (OWRI) reports with the required map(s) and location information. Instructions for OWRI reporting and submittal are available on the OWEB website at: %vN%,Nv.oregoil.gov/OWEB/MONITOR/pages/owri.asp x. (7) An accounting of the expenditures of Board moneys and all other funding in the Project, including a final accounting of all in-kind contributions, donations and the required non-Board match funds, using the Match Form for Final Report fonn provided on the OWEB website at W-VNIV.01.egoii.gov/OWEB/Pages/forms linked.aspx. 2015-17 Restoration 9.8.16 9 Grant No. 216-8204-15366 Project Name: Ashland Forest All-Lands Restoration Initiative EXHIBIT D POST-IMPLEMENTATION STATUS REPORT REQUIREMENTS Oregon Administrative Rule 695-010-0100(2) states that "Grantee will track the status of the Project, and continue its maintenance, submitting periodic reports on a schedule set by the Board. All reports will be filed with the Board or at a location specified by the Board." A Post-Implementation Status Report ("Status Report") must include: 1. An assessment of whether the Project continues to meet the goals specified in the Grant Agreement. 2. Information or materials required by the Grant Agreement Exhibit B Conditions of Agreement. 3. A description of any maintenance or modifications made since Project completion or since the last Status Report, whichever was last. 4. An accounting of any costs associated with Project maintenance and reporting to the Board. 5. A summary of any public awareness activities related to the Project undertaken since Project completion or since the last Status Report, whichever was last. 6. Lessons learned, if any, from the Project. 7. Unless otherwise specified, the Grantee will provide color photos of all Project elements (i.e., fencing, planting, or structures) to show compliance of the Project with the Board funding decision. Photo points will be set up, and the color photographs should be taken with the same focal-length lens at the same time of year, showing conditions before and after Project completion. Guidelines for photo point documentation are provided on the OWEB website at: iittp•//wxvw oregon.gov/OWEB/dots/pubs/PhotoPoint Moilitoring--Doc Jtlly2007.pdf. 2015-17 Restoration 9.8.16 10 i t " fl ~ I 3 GrantNo. 216-8204.15366 Project Mime: Ashland Forest All-Lands Restoration Initiative j I E, XERBIT El i PluRMTS AND LICENSE, S Section D,1, of this Agreement outlines requirements for permits and Licenses, Exhibit B Cohditia.ns of Agreoment may contain additional conditions with respect to permitting, licensing and fund release. j Before the i-elease of Board fonds for activities requiring a permit or license, or for activities dependent on portions of the Projeet for which a permit or license has yet to be issued, the Grantee must submit to the Board's Project Manager copies of all required permits or incenses, or submit written evidence acceptable to ~ i the. Board that permits and licenses are-not required OWEB lnay release Rinds for elements of the Project that do not require a pt✓ mit or license.. To be ~ l considered foil release, Gxnntee must provide written documentation to the Board's Project Manager fqueating snch consideration and uffirrimig that the Project element(s) for which no permits or licenses s are required will lead to ecological benefits consistent with the Project objectives, and are not dependent on 'tlte portion of the Project for which a permit or licenso has yet to be issued, The following axe often required .for projects involving waterway alteration or watershed onhaiieement, 3 (See Oregon Plan for Salmon and Watersheds, A Gidde to Orezon Permits ,issued by State and Federal I ' e '&r h7g20QO on the OWEB website at; lilt[)://mvtiy,oi-e oii.goy/OWF-B/docs/ptibs/peiniitguidead-f I w Removal/Fill permit(s) - Dept. of State Lands F1, It permit(s) -US Army Corps of Engineers s Water Right Peanut(s) - water Resources Dept, ~ City or County peirilit(s) . s w Zone or Development Permits)--City or County Planning Department. , i The foregoing list of permits And licenses is not exhaustive, I undetstand thatit is my responAbI14' to deterinine which pernuts, licenses .cud General Authorizations are required for the Project, 'i List the coinponerits of your Project requidng permits or licenses and the associated permit(s)/license(s), If necossmy, list additional activities requiring a permit or license, the name of the permit or license and issuer on a separate page and attach to this Exhibit. Project Activity Requiri-ng,Permit/Lleense Pern t[License Name and Entity fssuing f { i ~ ~ I r _ p. Date i s t i 201517 Restoration 4,8.16 1 i l i f i Grant No. 216-8204-153 66 Project Name: Ashland Forest All-Lands Restoration Initiative EXHIBIT F COOPERATIVE/LANDOWNER AGREEMENT(S) A sample Cooperative/Landowner Agreement fonn is available on OWEB's website at Nv«nv.oreg_on.gov/OWEB/Pages/forms linked.aspx. All Cooperative/Landowner Agreements for Projects shall include (but is not limited to): Landowner's certification that the landowner owns the land where the work will be carried out; Landowner's agreement to allow Grantee to carry out the work, or a portion of the work on the Landowner's property; Landowner's agreement to maintain the Project, or allow maintenance of the Project, over a time period consistent with the grant application; ■ Landowner's agreement to allow the OWEB Board and its representatives access to the site where the work is being carried out for inspection and evaluation; and ■ Landowner's acknowledgment that he/she is aware of the application to OWEB and that information relating to the work, including effectiveness monitoring data, is a public record. 2015-I7 Restoration 9.8.16 12 i Grant No. 216-8204-15366 Project Name: Ashland Forest All-Lands Restoration Initiative EXHIBIT G OREGON PREVAILING WAGE RATE LAW Grantees may be required to comply with Oregon's prevailing wage rate law. ORS 279C.800-279C.870. This law requires that entities using public funds for public works must pay not less than the prevailing rate of wage for an hour's work, including fringe benefits, in the same trade in the locality where the work is performed. Contracts not exceeding $50,000 are exempt from prevailing wage rate laws and nonprofit organizations are exempt for work other than construction. Public works is defined as including "roads, highways, buildings, structures and improvements of all types, the construction, reconstruction, major renovation or painting of which is carried on or contracted for by any public agency to serve the public interest ORS 279C.800(6)(a). Construction is defined as "the initial construction of buildings and other structures, or additions thereto, and of highways and roads." OAR 839-025-0004(5) Failure to comply with prevailing wage rate laws could result in a Grantee being liable to the workers affected in the amount of their unpaid minimum wages, including all fringe benefits, and in an additional amount equal to unpaid wages as liquidated damages. Information regarding prevailing wage rate law can be found on the Bureau of Labor and Industries website at llttp:Hw-%N,v.oregon.gov/BOLI/WH-D/PWRJPages/W PWR Pwrbk.aspx. 2015-17 Restoration 9.8.16 13 i Grant No. 216-8204-15366 Project Name: Ashland Forest All-Lands Restoration Initiative EXHMIT H OWEB GRANT APPLICATION (In OWEB files) 2015-17 Restoration 9.8.16 14