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HomeMy WebLinkAbout2011-093 Agrmt - Firewise Recognition Prg 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 #: (541) 552-2066 Fax #: (541) 488-5318 E-mail: chambcrc(mashland.or.us Business License # License # State Business Registry # Tax Identification # Business type: Tille III Category: Amount of Award: $60,000 Term of this Agreement: 7/1/11 to 6/30/12 Business PROJECT #: 2685 501C3 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 terms 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 I I) See Exhibit A. E. Funding Conditions: I) The Recipient may use the grant funds only to meet objectives established under PL 110- 343 and those elections made by Jackson County Board of Commissioners for Title III projects, Order 70-11. 2) Any change or adjustment to the Project (excluding changes that increase the budget total for the Project, which will always require BoC approval), or any change or adjustment to the budget of greater than 10% 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 1,2011 and the date of execution of this Agreement and which would otherwise be authorized expenses that are reflected in preparation for andlor provided services applicable to this Agreement will be reimbursed under this Agreement. 4) Unless otherwise provided, all unexpended funds andlor property existing at the end of the term of this Agreement will be returned 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 olState, Local Government. & Non Profil Organizations. (The circular can be obtained from www.whiIChousC.l!llv/omb/cicu]nrs) I) The Project Account Number, stated on Page I, 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 31, 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 of the 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, 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 Department with the progress report attached. 4) The Department shall 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 andlor 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. Termination: I) This grant agreement may 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 termination 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 If 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 Iffederal or state regulations 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 If any 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: i 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 not entirely cured the breach within 15 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 duly 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. iii The rights and remedies of County provided in this subsection d are not exclusive and are 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 performed prior to the termination date if such 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 of the 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. In 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 the amount reasonably detennined 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 Government, and (iii) meets the specific independent contractor standards ofORS 670.600. Recipient is not an "officer", "employee", or "agent" of Jackson County, as those tenns 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, 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 shall maintain all licenses, certificates, authorizations 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 agenis, 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 agenls 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 perfonned 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 tenninate this Agreement without penalty or liability to the County, effective upon the delivery 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 of tenns 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 tenns and conditions. If 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 ~(~ G-C9-11 (Date) ~' - .?-r- ............ "- anny Jordan I County Administrator &. /Cb/II (Date) IftcienC')". alS\! lIS to Vl!i ,..~~ l 1f.'I&1'~ ~ counse 'l.'\\'lllt' ,.ss~ ~ FUNDING AGREEMENT - Page 5 EXHIBIT A PL 110-343 Title III Proiect Submission Form for Jackson County EMERGENCY ECONOMIC ST ABILIZA nON ACT OF 2008, TITLE VI, SEe. 601 Secure Rural Schools and Community Self-Determination Act Name of Project: Ashland Firewise Communities Recognition Program Date Project Submission Form To Be Returned To Matt Michaelis: January 28, 2011 Date Project Submitted: 1/27/2011 Project Sponsor: City of Ashland, Ashland Fire & Rescue Sponsor's Address: 455 Siskiyou Blvd. Ashland, OR 97520 Contact Person: Chris Chambers, Forest Resource Specialist Phone: 541-552-2066 Fax: 541-488-5318 E-Mail: chris.chambers@ashland.or.us Project Is Authorized Under The Following Category (see Sec. 302(a)): (choose only one) X Activities Under the Firewise Community Program D Reimbursement for Search, Rescue, Firefighting or Other Emergency Services on Federal land D Develop Community Wildfire Protection Plan Project Location: Within the city limits of Ashland, Oregon. Other Identifiers: (geographic location, road name or number, stream name) The Firewise Communities program is available to all residents within the city limits. Ashland's Firewise effort is organized into five general neighborhoods, based on geographical features. Neighborhood associations within each larger neighborhood are encouraged to undergo certification, and as the project enters multiple phases we hope to unite individual associations within neighborhoods for a city-wide cohesive approach to annual Firewise recertification. Project Description (include work windows or other Iimitationslrestrictionslpublic or private land): Building on our prior Title III Firewise awards and including tentative approval ofa Firewise Community in the area adjacent to 2010 Oak Knoll Fire, the coming year's Title III funds will support one full time staff person who will continue the creation and implementation of the Firewise Communities recognition program in Ashland. The goal of this program is to create more Firewise Communities on a neighborhood basis, throughout the city of Ashland. The recent Oak Knoll Fire and Siskiyou Fire (2009) emphasized the need for widespread community wildfire preparations throughout the city. Firewise Communities USA is a nationally recognized program that has demonstrated success creating safer communities throughout the country. The Ashland model for working within neighborhoods is embraced by the national Firewise Program because it ensures geographical relevance to the process, encouraging neighbors to work together to increase and maintain their wildfire safety. The state of Oregon has relatively few sanctioned Firewise Communities and we look forward to demonstrating this successful model for other Oregon cities to follow. Firewise activities in Ashland coincide with the 5-year recertification of State Senate Bill 360 in Jackson County, which includes Ashland's designated Wildfire Hazard Zone within the city limits, and greatly increases participation and creation of defensible space on an individual basis, Ashland Fire & Rescue will use the Firewise Communities model to unite neighbors to create more ignition resistant homes and landscapes, creating a safer community. Project Goals and Objectives: I. Continue to work with neighborhood associations within the city to form Firewise Communities, and eventually work towards a cohesive program that is available to the entire city and works to unite neighbors in fire protection. 2. Continue to fund a full-time coordinator for this program through at least June 30, 2013. 3. Establish community-wide wildfire safety programs such as Jandscaper/contractor education programs that teach Firewise standards in home construction and landscaping 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. Continue collaboration and sharing of educational materials and outreach methods with the Jackson County Integrated Fire Plan (JCIFP) 6. Coordinate with Senate Bill 360 implementation throughout Wildfire Hazard Zone to combine required defensible space creation with Firewise Communities programs to encourage greater neighborhood compliance. 7. Coordinate the recently approved permanent Ashland Firewise Commission to provide long term oversight of the Firewise Communities program and ensure annual recertification. 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 previous Title III projects, the initial year of groundwork laid in the 20 I 0 Ashland Firewise Communities Recognition Program Title III grant, as well as the Ashland Forest Resiliency project on U.S. Forest Service land in the Ashland Watershed. Proposed Method Of Accomplishment: II Contract IXI Volunteers II Agency (FS/BLM) Employees II County II County Corrections <adult I juvenile) II Non-Profit IXI Other: Citv Emplovee 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 Ashland's 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. Work done by the Firewise Coordinator in 2010 has established initial Firewise Communities in the city, and has laid the groundwork for additional communities to be recognized. Two grants from the Oregon of Department of Forestry in 2010 provided reimbursement up to $400 for all city residents for hazardous fuels reduction within 30 feet of a home, as well as chipping and vegetation removal funds for Firewise Community groups to use while enacting their mitigation plans based on Firewise assessments. These grants encourage both personal and community level action and responsibility towards fuels reduction within the city. A city-wide, permanent Firewise Commission has been formed to provide oversight to all Firewise activities within the city, as well as to ensure annual recertification for the Firewise Communities recognition process. The Firewise Coordinator has regular contact and communication with Firewise staff at the nationalleveJ, as well as the Oregon Department of Forestry liaisons at the local and state level. Considerable collaboration and participation with the Jackson County Integrated Fire Plan (JCIFP) Fuels and Outreach and Education Committees has been achieved and will be continued. 2 Contact Person(s) For Project Specific Documentation: Ali True, Firewise Communities Coordinator Telephone Number(s) For Contact(s): 541-552-2231 How Does The Project Benefit The Community? The greater Ashland area has one of the highest hazard ratings in Jackson County and potentially in the State of Oregon as well. A large wildfire could lead to the loss of many homes and potentially lives as well. Ashland's recent fire history and loss of homes due to wildfire indicates the need for wildfire hazard mitigation work throughout the city. Firewise Communities helps to unite neighborhoods that have been affected by wildfire, as well as those that face similar risks due to home construction and fire prone vegetation characteristics. The project will allow the City to bring together residents toward a common goal of wildfire safety, and focuses on nearby residents working together, in a way that will result in measureable improvements in wildfire safety. The extent of this effort requires a full time staff member to guide the process from initial inception through the development of the widespread Firewise presence throughout the city. An additional benefit of Ashland being a Firewise Community is that it reduces the risk of a wildfire spreading to adjacent county lands, and reduces the risk to Ashland Firewise Communities from a wildfire of county or federal land origin. Duration Of The Project: This Title III request is for funding in 2011-2012 with the intent of an additional year offunding should the County offer it. To coordinate the initiation of several different Firewise Communities within the city and assist the efforts of the Firewise Commission, we anticipate full time work for the Firewise Coordinator for at least the next two years. The City will maintain the Firewise Communities efforts towards recertification once recognition is established, anticipating that upkeep will take much less effort than the initial certification process. Anticipated Cost of Project (itemize): . Review And Consultation Costs: . Contract Preparation And Administration Costs: . Materials And Supplies: $5,000 dollars for media, brochures, website, and mailing related to the Firewise Communities program. . Monitoring: . Other Costs: $55,000 for Firewise Communities program coordinator salary and/or benefits. . Indirect Costs (overhead): City will pay the Indirect Costs at a 16% rate. TOTAL COST ESTIMATE: $60,000 Estimated Start Date of Project: July 1,2011 Estimated Completion Date of Project: June 30, 2012 and plus one year iffunding allows. Is This A Multi-Year Funding Request? I I No I X I Yes (if yes, display by fiscal year) If addilional year is offered we'd submil a request for a similar amountfor this project. 3 Federal FYIO Request: FYII Request: FYII Request: FY12 Request: $60,000 Identify Source(s) Of Other Funding For Project: The City of Ashland will contribute approximately $15,000 dollars during this funding period toward the proposed Firewise Coordinator position. Other additional sources include $5,000 of the 2010 Oregon Department of Forestry Biomass grant for Fuels Reduction ($50,000 total) that can cover the administrative costs associated with the implementation of the program. Firewise-related program funding consists of two grants through the Oregon Department of Forestry totaling approximately 90,000 dollars for Firewise activities focused on vegetation removal and attainment of Firewise Communities status. The additional project funding was leveraged by the Firewise Coordinator during the current fiscal year. Project Accomplishments I Expected Outcomes: The Firewise Communities Coordinator will coordinate resident involvement and participation that will result in several neighborhoods within Ashland working towards Firewise Communities recognition within the next 2 years. The Coordinator will continue to administer grants for both individual property owners reducing fuels around homes, as well as Firewise Communities implementing chipping grant funds to reduce neighborhood-wide fuels. With oversight and guidance from the Firewise Commission, neighborhoods will coalesce over time towards city-wide efforts as the Firewise program covers more geographical area within the City. The Coordinator will continue to maintain and improve a website and other social media as forms of communication with city residents, as well as create a curriculum for landscapers and contractors to assist in cohesive application of Firewise principles throughout the city. The Coordinator will administer additional grant funds currently awarded or being applied for, including the creation of a Firewise demonstration house, as well as possible FEMA Pre-Disaster Mitigation funds to address additional wildfire education and preparation goals. The project will ultimately result in an increased number of homes meeting Firewise standards, a number of Firewise Communities throughout the city, and ultimately, a significant increase in the number of homes that can survive a wildfire. How Is Project In The Public Interest? The project increases the effectiveness of fire suppression efforts during a wildfire and could prevent loss of life and property throughout the city and adjacent County lands. The project also increases the effectiveness of suppression resources that might otherwise be dedicated to homes on fire. Implementation of the Firewise Communities program ensures citizen responsibility and commitment to personal wildfire safety that no other program can, because it enlists the involvement and participation ofthe homeowner at every level. An additional public interest is that more resources can be dedicated to protection of natural resources such as the upslope Ashland Municipal Watershed in the case of a wildfire. 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. Increased 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, and began in Spring of2010 and will last for at least 10 years. In the case ofa large wildfire event that could impact the majority of Ashland residents, neighborhood-scale Firewise Communities will be better prepared to survive a fire without the intervention of firefighters, allowing federal firefighting resources greater ability to suppress the fire in a timely and effective manner. 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 the establishment of additional Firewise Communities throughout the city. Year Two (if funded) of the program will see the recertification effort of the existing Communities as well as the ongoing outreach and implementation of the program across the city. The number of homes and neighborhoods 4 . . that have been assessed and completed work leading to defensible space will be tracked, as one result of the positive benefit of both the Firewise Communities program and the implementation of additional fuel reduction grant funds. Other Comments: Submitted To: Matt Michaelis, Jackson County By: Chris Chambers, Forest Resource Specialist, Ashland Fire & Rescue Address: 455 Siskiyou Blvd Ashland, OR 97520 Telephone: 541-552-2066 Date: 1/27/2011 Title III Proiect Certification 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 $ 5 EXHIBIT 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: (al 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, (I) 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 detennined in accordance with the provisions orOMB 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 A-133. 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- I 02, ~ 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 IS), which prohibit the use under non-exempt Federal contracts, grants or loans offacilities 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 A-I02, ~ 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-I05,~ 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 ofa 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. 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 Contract was made or entered into. Submission of the certification is a prerequisite for making or entering into this Contract imposed FUNDING AGREEMENT - Page 6 . ' . by section 1352, Title 31, U.S, Code. Any person who fails to file the required certification shall be subjcct 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 el. seq,). Section 6002 of that Act (codified at42 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 if the person of 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. ] 2,549 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 11 of the American with Disabilities Act of 1990 (codified at42 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.). FUNDING AGREEMENT - Page 7