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HomeMy WebLinkAbout2010-069 Agrmt Jackson Cty Ashland Firewise FUNDING AGREEMENT Terms and Conditions for Jackson County Funding for: Ashland Firewise Communities Recognition Program Public Law 110-343, Title III Recipient Name: City of Ashland - Fire & Rescue Dept. Contact Person: Address: OFFICE USE ONLY Chris Chambers 455 Siskiyou Blvd., Ashland, OR 97520 Phone #: (54\) 552-2066 Fax #: (541) 488-5318 E-mail: chamberc{@ashland;or.us Business License # License # State Business Registry # Tax Identification # Business type: Title III Category: Amount of Award: $52,000 Term of this Agreement: 711110 to 6/30/11 Business PROJECT #: 2608 50lC3 Partnership LLC Other A. Preamble: Financing for this project is subject to the availability of federal funding. The Parties understand that continued federal funding for this grant depends on demonstration that the project is successfully implemented and satisfies the applicable purposes set forth in PL 110-343. The following description of the project may be general in nature. The Parties may request to make adjustments to the Project in order to better accomplish the nature and purposes set forth in PI 110-343. Such requests will be subject to approval by Jackson County. B. Definitions: I) "BoC" means Jackson County Board of Commissioners. 2) "Department" means Department of Economic and Special Development. 3) "Parties" means Jackson County and Recipient. 4) "Project" means subject matter for which. Recipient is receiving funds. 5) "Project Manager" means that person which is responsible for administering the County's Title IiI program. 6) "Recipient" means person or entity receiving Title III funds pursuant to teoms of this Agreement. C. Funding Objectives: I) To establish and conduct programs that further the intent and purpose of Public Law 110- 343. 2) To achieve project as described in Exhibit A, herein attached and incorporated by reference. D, Funding Outcomes: FUNDING AGREEMENT - Page 1 I) See Exhibit A. E. Funding Conditions: I) The Recipient may use the grant funds only to meet objectives established under PL ] ] 0- 343 and those elections made by Jackson County Board of Commissioners for Title III projects, Order 84-10. 2) Any change or adjustment to the project (excluding changes that increase the budget total for l\te Project, which will always require BoC approval), or any change or adjustment to the budget of greater than ] 0% of a major budget category as described in Appendix A, shall be submitted in writing and approved by the Project Manager. If the Project Manager determines the proposed change materially alters the project, a contract amendment shall be required for the change to become effective. 3) Any monies Recipient has expended between July I, 20] 0 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. . 4) Unless otherwise provided, all unexpended funds and/or property existing at the end of the term of this Agreement will be retumed to the County. F. 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 under: U.S. Office of Management & Budget (OMB) Circular A-133, Audits of State, Local Government, & NOll Profit Organizatiolls. (The circular can be obtained from, wwwwhitehousel!ov/omb/ciculars) I) The Project Account Number, stated on Page], 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. 2) The Recipient shall submit invoices, together with progress reports, to the project account number by delivery to the Department of Economic and Special Development (the "Department"). These invoices shall reflect services for the quarter ending September 30, December 3], March 31, and June 30, and shall be due for such services within thirty (30) days of each respective date. Applicant may submit invoices monthly, but those invoices coinciding with the end ofthe quarter shall be accompanied by progress reports. Ifno activity has occurred during the quarter, applicant shall notifY the Project Manager in writing. 3) The invoices shall describe all services performed with particularity, by whom and on the date it was performed, tile number of hours spent performing such work, and shall itemize arid explain all expenses for whjch reimbursement is claimed. Invoices shall be sent to the Department with the progress report attached. 4) The Department shalJ.reimburse project expenses upon approval of invoices. 5) - 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 contract in such a manner as to clearly document Recipient's performance hereunder. G. Program Review and Record Inspection: Recipient shall permit authorized representatives of Jackson County to review the records of Recipient in order to evaluate Recipient's 'compliance FUNDING AGREEMENT - Page 2 with the use of grant funds for achieving program goals and objectives and shall permit authorized representatives of Jackson County to perform site reviews of all services covered by this grant H. 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. I. Modification: Any modifications to this grant shall be in writing and signed by both parties before they become effective. J. 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. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. K. Terminatinn: , I) This grant agreementfnay be terminated by: a. The mutual consent of the parties, or b. By either party upon thirty (30) days written notice unless a shorter period is agreed to by both parties. Notice of ternunation shall be accomplished in writing, and delivered by certified mail or in person. c. County may terminate or modify this Agreement, in whole or in part, effective upon delivery of written notice to Recipient, or at such later date as may be established by County, under any of the following conditions: i ]f County funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for the grant of necessary funding; ii If federal or state reguhitions or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for funding under this agreement or are no longer eligible for the funding proposed for payments authorized by this agreement; or iii Ifany license or certificate required by law or regulation to be held by Recipient to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach: Either County or Recipient may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has riot entirely cured the breach within] 5 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. II Time is of the essence for Recipient's performance of each and every obligation and duty under this Agreement. County, by written notice to Recipient of default or breach, may at any time terminate the whole or FUNDING AGREEMENT - Page 3 any part of this Agreement if Recipient fails to provide services called for by this Agreement within the time specified herein or in any extension thereof. jji The rights and remedies of County provided in this subsection d are not exclusive and ate in addition to any other rights and remedies provided by law or under this Agreement. 2) Obligation/Liabilitv of Parties. Termination or modification of this Agreement pursuant to subsections a, b or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section K, Recipient shall immediately cease all activities under this Agreement, unless expressly directed otherwise by County in the notice of termination. Further, upon termination, Recipient shall deliver to County all Agreement documents, information, works-in-progress and other property that are or would be deliverables had the Agreement been completed. County shall pay Recipient for work performect"prior to the termination date ifsuch work was performed in accordance with the Agreement. 3) Jackson County may, however, in its sole discretion, upon discovery of any violations of any provision of this grant agreement, cause funds or services to be withheld, reduced, or terminated, pending correction of the violation(s). Upon correction ofthe violation(s), the terms, provision, and conditions of this grant agreement may be reinstated at the option of Jackson County. L. Reimbursement to Jackson County: In the event Recipient cannot or will not comply with the conditions of this agreement, Recipient shall repay to Jackson County the funding reasonably determined as not used in compliance with this Agreement. ]n the event Recipient cannot or will not repay such funding, Jackson County, in its sole discretion, shall be entitled to obtain a money judgment in tile amount reasonably deterlllined as not used in compliance with this Agreement. M. Independent Contractor: The Recipient represents and warrants that Recipient (i) is not an employee of Jackson County, Oregon, (ii) is not currently employed by the Federal Govemment, and (iii) meets the specific independent contractor standards ofORS 670.600. Recipient is not an "officer", "employee", or "agent" of Jackson County, as those terms are used in ORS 30.265. N. Compliance with Laws: Recipient agrees to be further bound by and shall comply with all federal, state statutes, rules, regulations, loca] laws and ordinances applicable to the grant agreement. Specific laws include but are not lirnited to those provided in Exhibit B, herein attached and incorporated. Recipient shall maintain all licenses, certificates, authorizaiions and other approvals required by applicable law to deliver the service(s) provided under this grant agreement. O. Indemnification. Recipient shall indemnify, defend, and save harmless Jackson County, and its officers, employees, and agents, from and against all claims, suits, actions, losses, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of or relating to the operations of the Recipient, including, but not limited to the activities of Recipient or its officers, employees, subcontractors or agents in relation to this grant agreement. FUNDING AGREEMENT - Page 4 P. Funds Available and Authorized: County has sufficient funds currently available and authorized for. expenditure to finance the costs of this Agreement within the County's fiscal year budget. Recipient understands and agrees that County's payment of amounts under this Agreement attributable to work performed after the last day of the current fiscal year is contingent on County appropriations, or other expenditure authority sufficient to allow County, in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement. In the event the County has insufficient appropriations, limitations or other expenditure authority, County may terminate this Agreement without penalty or liability to the County, effective upon the delivety of written notice to Recipient, with no further liability to Recipient. Q. Litigation or Settlement of Disputes, If suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to recover from the losing party, in addition to all other sums and allowable costs, its reasonable attorney fees, both in preparation for and at trial and any appeal or review, such amount to be set by the court before which the matter is heard. For purposes of this section, attorney fees may include the reasonable value of the services of in-house or staff counsel. R. Merger Clause: This grant agreement constitutes the entire agreement between the parties. No waiver, consent, modification or change ofterms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be. effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. Recipient, by signature of its authorized representative, hereby acknowledges that slhe has read this agreement, understands it and agrees to be bound by its terms and conditions. ]f Recipient is a corporation, each individual executing this grant agreement on behalf of said corporation represents and warrants that slhe is duly authorized to execute and deliver this Grant Agreement on behalf of said corporation, in accordance with the by-laws of said corporation, and, that this grant agreement is binding upon said corporation. RECIPIENT JACKSON COUNTY ~~ (Date) ~~.~~ r anny Jordan Comity Administrator 7 /1 I, u (Date) j ;:)ulIH.;U;;l.lCY: J. yan Kirchoff Senior Assismnt County Counsel FUNDING AGREEMENT - Page 5 EXHIBIT A PL 110-343 Title III Proiect Submission Form for Jackson County EMERGENCY ECONOMIC STABILIZATION ACT OF 2008, TITLE VI, SEC. 60] Secure Rural Schools and CommuniIy Self-Determination Act Name of Project: Ashland Firewise Communities Recognition Program Date Project Submission Form To Be Relurned To Matt Michaelis: February 19,2010 Date Project Submitted: February 19'",2010 Project Sponsor: City of Ashland, Ashland Fire & Rescue Sponsor's Address: 455 Siskiyou Boulevard Contact Person: Chris Chambers, Forest Resource Specialist Phone: 541-552-2066. Fax: 541-488-5318 E-Mail: chamberc@ash1and.or.us Project Is Authorized Under The Following Category (see Sec. 302(a)): (choose only one) X Activities Under tbe Firewise Community Program o Reimbursement for Search, Rescue, Firefighting or Other Emergency Services on Federal land o Develop Community Wildfire Proteclion Plan Project Location: City of Ashland's Wildfire Hazard Zone (Wildland Urban Interface) Other Identifiers: (geographic iocation, road name or number, stream name) The project will be limited to residences within the City limits and inside the defined Wildfire Hazard Zone. Project Description (include work windows or other limitationslrestrictions/public or private land): Title 111 funds will support one full time staff person who will create and implement a Firewise Communities recognition program in Ashland. The goal of this program will be to get Ashland national recognition through the federally sponsored firewise Communities organization within two to three years. The recent Siskiyou Fire emphasized the need for widespread community wildfire preparations. firewise Communities is a nationally recognized program that has demonstrated success creating safer communities throughout the country. The state of Oregon has relatively few sanctioned firewise Communities and we look forward to creating a model for other Oregon cities to follow. This coincides with the implementation of State Senate Bill 360 in Jackson County. Project Goals and Objectives: I. Establish a process by which the entire affected area within the City limits receives Firewise recognition within three years. 2. Hire a coordinator for this progranl by at least July], 2010. 3. Train the coordinator in Firewise home safety standards through an on-line class and field. experience. 4. Coordinate with 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. 5. Establish and advertise Firewise standards for individual homes. 6. Create a tracking system to gauge progress toward the goal of Firewise Communities status. Is There An Opportunity To Tie To An Associated Title II Project? Explain: There are no current Title II projects in the Ashland area. The project will augment a previous Title 111 project as well as the Ashland Forest Resiliency project on U.S. Forest Service land in the Ashland watershed. Proposed Method OfAccompllshment: II Contract II Volunteers [ ] Agency (FS/BLM) Employees [] County [ I County Corrections (adult I juvenile) [ I Non-Profit (XI Other: City Employee Current Status Of Project Preparation: Considerable work has been done over the past 10 years both raising awareness of wildfire issues and creating defensible space around homes in the wildfire zone. A 2009 Title III grant has been successful in getting homeowners to meet Firewise standards, increasing the likelihood of the larger area receiving recognition. The City has contacted the State Firewise Communities coordinator to get further information about the process of becoming a recognized Firewise Community, as well as other already recognized communities to gain insight into the process. The current Ashland Fire Chief canle to Ashland in 2009 from the city of Beverly Hills, a recognized Firewise Community and shares his experience and knowledge of the Firewise Communities program. Contact Person(s) For Project Specific Documentation: Chris Chambers, Forest Resource Specialist Telephone Number(s) For Contact(s): 541-552-2066 How Does The Project Benefit The Community? Ashland's wildfire hazard area has the highest hazard rating in Jackson County and potentially in the State of Oregon as well. The current estimate is that between 25% and 50% of homes meet Firewise standards for safety and the minimum requirement for recognition is 85%. A large wildfire could lead to the loss of many homes and potentially lives as well. The project will allow the City to bring together. residents ofthe wildfire zone toward a common goal of area-wide wildfire safety. The extent ofthis effort requires a full time staff member to guide the initial process. Duration Of The Project: This initial Title 111 request is for one year of funding. We anticipate a request in the next fiscal years of the Title III program if the first year is successful. The City will maintain the Firewise credential once it is established, anticipating that upkeep will take much less effort than the initial certification. 2 . , Anticipated Cost of Project (itemize): . Review And Consultation Costs: . Contract Preparation And Administration Costs: . Materials And Supplies: $7,000 dollars for media, brochures, website, and mailing related to the firewise Communities program. . Monitoring: . Other Costs: $45,000 for firewise Communities program coordinator salary and/or benefits. . Indirect Costs (overhead): City will pay the Indirect Costs. TOTAL COST ESTIMATE: $ 52,000 Estimated Start Date Of Project: July I, 2010 Estimated Completion Date of Project: June 30, 2011 Is This A Multi-Year FundingRequest? [X] No [ I Yes (if yes, display by fiscal year) Fcdcral FY09 Request: FYI I Request: FYIO Request: FY12 Request: Identify Source(s) Of Other Funding For Project: The City of Ashland will contribute approximately $31,920 dollars during this funding period toward the proposed Fircwise Coordinator position. The represents 42% of the position cost with benefits. Project Accomplishments 1 Expected Outcomes: The Firewise Communities Coordinator will coordinate program guidance and planning that will result in a formalized plan leading to Firew,ise Communities recognition in 2-3 years. The Coordinator will create a public infonnation canlpaign explaining the Firewise standards for homeowners and the overall program goals. The Plan will be reviewed and approved by the Fire Chief and referenced as a deliverable to the County during the project. The Coordinator will establish a measure of progress toward Firewise status that will serve as a reporting tool back to the County, State, Firewise national program, and community leaders. The project will ultimately result in an increased number of homes meeting Firewise staudards.and ultimaiely a significantly decreased loss of homes during a wildfire. How Is Project 10 The Public Interest? The project increases the effectiveness of fire suppression efforts during a wildfire and could prevent loss of life and property values in the City's wildfire zone. The project also increases the effectiveness of suppression resources that might otherwise be dedicated to homes on fire. The result is that more resources can be dedicated to protection of natural resources such as the upslope Ashland Municipal Watershed. Will Project Create a Product Or Benefit To Federal Resource? The majority of the Ashland Watershed area bordering the upper City limits is federal land managed by the U.S. Forest Service. ]ncreased compliance with Firewise home safety standards decreases the risk faced by federal land managers when using prescribed fire, which is planned as part of the Ashland Forest Resiliency Project, set to begin in Spring of20 I 0 and last for at least 10 years. 3 Monitoring And Reporting Plan To Measure Outcome (how will you determine how well the proposed project meets the desired objectives): In year one of this project the measurable outcomes will be a Firewise Communities program plan and guidance, a tracking system for attainment of Firewise Communities status including an analysis of . progress to date, and the number of homes that have attained Firewise standards during the grant period. Official recognition is not a goal for the first year of the program. Other Comments: Submitted To: Jackson County By: Chris Chambers, Forest Resource Specialist, Ashland Fire & Rescue. Address: 455 Siskivou Blvd, Ashland, OR 97520 Telephone: 541-552-2066 Date: Februarv 19. 2010 Title III Proiect Certificatiou Date notice of proposed project was published: Date Project description was mailed to RACs with area jurisdiction: Date 45-day public comment period closed: Date project approved by county: Amount spent on project during the calendar year: 2009 $ 2010 $ 2011 $ 2012 $ 4