HomeMy WebLinkAbout2011-155 Agrmt - USDA Forest Srvc 2011-CO-11061000-026 USDA,Forst Service OMB 05960217
FS-150611
FS Ageement No. 2011-CO-11061000-026
Coopemtor Ageement No.
COLLECTION AGREEMENT
Between The
CITY OF ASHLAND
And The
USDA,FOREST SERVICE
ROGUE RIVER-SISKIYOU NATIONAL FOREST
This COLLECTION AGREEMENT is hereby entered into by and between the City of Ashland,
hereinafter referred to as"Cooperator",and the USDA,Forest Service, Rogue River-Siskiyou
National Foregt,hereinafter referred to as the"U.S. Forest Service,"under the provisions of the
Granger-Thye Act of April 24, 1950.
Background:
The City of Ashland through the Ashland Fire and Rescue department provides 24 hour service
and responds to over 3,000 calls a year in an area exceeding 650 square miles.Approximately
1400 homes in and around Ashland are located in a mapped wildfire hazard area called the
Wildland Urban Interface(WUI). In addition,lands in and around the city lead into the Ashland
Creek Watershed,a primary source of the City's drinking water. Fires are a frequent visitor to
this landscape due to accidents or lightning strikes.Fire has a natural role in the surrounding
forest ecosystem but can threaten homes and lives to the people living in the City of Ashland and
surrounding area. A Community Wildfire Protection Plan(CWPP) was completed in 2004 and
adopted by the Ashland City Council. This document synthesizes issues relevant to homeowners
in the WUI area as well as Ashland's municipal watershed. The plan was submitted to the U.S.
Forest Service and accepted as an official CWPP under the Healthy Forest Restoration Act of
2003.
A pro-active approach to prevent dangerous wildfires and protect municipal water supplies
includes an increased emphasis of law enforcement patrols within the Ashland watershed and
interface areas during peak fire and recreation season. The majority of the Ashland watershed is
located within NFS boundaries and also includes lands within the jurisdiction of City of Ashland.
Additional patrols are needed in the watershed area with emphasis on fire prevention and
compliance with no camping and no fire regulations,and for the protection of domestic water
supply.
Pursuant to 16 U.S.C. 553,the U.S. Forest Service is authorized to work with States and local
units of government to aid in the enforcement of State laws with regard to livestock,forest fires,
and the protection of fish and game. Under the Cooperative Law Enforcement Act of 1971 (16
U.S.C. 551a),the U.S.Forest Service is authorized to enter into Cooperative Law Enforcement
agreements with States and political subdivisions to improve protection of persons and their
property when visiting the National Forest System(NFS)lands and may reimburse the expenses
of such States or political subdivisions for law enforcement activities on NFS lands beyond those
that the local law enforcement agency is normally able to provide.
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USDA,Forest$rake OMB 0596-0217
FS-1500-11
This agreement will help accomplish mutually beneficial objectives related to fire prevention and
recreation use of public lands in the Ashland watershed and City of Ashland interface area.
Benefits include: increased public safety,protection for Ashland's domestic water supply,and
increased safety and protection for the public recreating in the Ashland interface area and on
National Forest System(NFS)lands.
Title: Ashland Interface and Ashland Creek Watershed Law Enforcement Patrols
I. PURPOSE: The purpose of this agreement,and incorporated Financial Plan, is to document
the voluntary contribution of funds from the Cooperator to the U.S. Forest Service to provide
for law enforcement(LE)patrols within the Ashland interface and Ashland Creek watershed
area and to establish a five-year agreement under which subsequent Operating and Financial
Plans may be incorporated for LE patrols in the subject area The subject area consists of
both city-owned and NFS lands.
H. THE COOPERATOR SHALL:
A. LEGAL AUTHORITY. Cooperator shall have the legal authority to enter into this
agreement,and the institutional,managerial,and financial capability to ensure proper
planning,management,and completion of the project, which includes funds sufficient to
pay the nonfederal share of project costs,when applicable.
B. Perform in accordance with the Financial Plan.
C. Upon presentation of a Bill for Collection,deposit with the U.S. Forest Service the
amount agreed to in the Financial Plan.
D. Meet with U.S. Forest Service annually,prior to March 1,to jointly determine frequency
of patrols and specific needs within the subject area and to develop subsequent Operating
and Financial Plans(aka `Financial Plan, 'as referenced in part II B and III B).
E. Pending funding availability,incorporate subsequent Operating and Financial Plans into
this agreement through bi-laterally executed modifications,executed on or before July 1
of each year for the City of Ashland's upcoming fiscal year(July 1 —June 30).
F. Pay all bills for collection as soon as possible after receipt,but not before July 1 of each
year,to allow sufficient time for the U.S. Forest Service to secure budget authority within
the current year's cycle.Unless specifically stated in the Operating and Financial Plan,
funds deposited with the U.S.Forest Service do not expire and shall remain available
until expended for the purpose stated in the applicable Operating and Financial Plan.
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USDA,Forest Service OMB 0596-0217
FS-1500.11
ULTHE U.S.FOREST SERVICE SHALL:
A. ADVANCE BILLING. The U.S.Forest Service shall bill the Cooperator prior to
commencement of work for deposits sufficient to cover the estimated costs(including
overhead)for the specific payment period. Overhead is assessed at the rate of 7.1
percent.
Billing Method: Single lump-sum advanced billings.
Advance billings must be sent to:
City of Ashland
ATTN: Chris Chambers, Forest Resource Specialist
455 Siskiyou Blvd.
Ashland, OR 97520
B. Perform in accordance with the attached Finacial Plan(aka Operating and Financial
Plan).
C. Meet with City of Ashland annually,prior to March 1,to jointly determine frequency of
patrols and specific needs within the subject area and to develop subsequent Operating
and Financial Plans (aka 'Financial Plan, 'as referenced in part II B and III B).
D. Pending funding availability,incorporate subsequent Operating and Financial Plans into
this agreement through bi-laterally executed modifications, executed on or before July 1
of each year for the City of Ashland's upcoming fiscal year(July 1 —June 30)and bill the
City of Ashland for current year funds as per the Advance Billing method above.
E. Pending funding availability,provide for cooperative law enforcement patrols in the
Ashland watershed and Ashland interface area through existing Cooperative Law
Enforcement agreement(s)with Jackson County;and ensure that patrols conducted by the
Jackson County Sheriffs Department will be performed in accordance with the
Operating and Financial Plans funded through this Collection Agreement.
IV.IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE
PARTIES THAT:
A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
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Y
USDA,Forest Service OMB 05960217
FSIS00-11
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
John Karns,Fire Chief Chris Chambers, Forest Resource Spec.
455 Siskiyou Blvd. 455 Siskiyou Blvd.
Ashland,OR 97520 Ashland, OR 97520
Telephone: 541-552-2066 Telephone: 541-552-2066
FAX: 541-488-5318 FAX: 541488-5318
Email: karnsj@ashland.or.us Email: chamberc @ashland.or.us
Principal U.S.Forest Service Contacts:
U.S.Forest Service Program Contact U.S. Forest Service Administrative Contact
Javier P.Masiel,Patrol Captain Deb MacLean,Program Assistant
Southwest Oregon Zone,LEI Southwest Oregon Zone,LEI
3040 Biddle Road 3040 Biddle Road
Medford,OR 97504-4119 Medford,OR 97504-4119
Telephone: 541-618-2152 Telephone: 541-618-2150
FAX: 541-618-2140 FAX: 541-618-2140
Email:imasiel@fs.fed.us Email:dmaclean fs.fed us
U.S.Forest Service Axmment Contact
Judith Lang, G&A Specialist
Rogue River-Siskiyou National Forest
3040 Biddle Road
Medford,OR 97504-4119
Telephone: 541-618-2022
FAX: 541-618-2148
EmaI:jlang@fS.fed.us
B. LIABILITY.The United States shall not be liable to the Cooperator for any costs,
damages,claims,liabilities,and judgments that arise in connection with the performance
of work by the U.S. Forest Service or its contractors under this collection agreement,
including but not limited to fire suppression costs and damage to any property owned by
the Cooperator or any third party.
C. INDEMNIFICATION. Cooperator shall indemnify,defend, and hold harmless the
United States for any costs, damages,claims,liabilities,and judgments in favor of any
third party that arise in connection with the performance of work by the U.S. Forest
Service or its contractors under this collection agreement.
D. REFUNDS. Funds collected in advance by the U.S.Forest Service,which are not spent
or obligated for the project(s)approved under this agreement,may be refunded to the
Cooperator,authorized for use for a new agreement by the Cooperator, or waived by the
Cooperator. A DUNS number and registration in the Central Contractor Registry(CCR)
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USDA,Forest Service OMB 0596-0417
F$-1500.11
by the Cooperator may be necessary to process a refund. Due to processing costs,any
balance less than$25 shall not be refunded to the Cooperator.
E. FREEDOM OF INFORMATION ACT(FOIA). Public access to agreement records must
not be limited, except when such records must be kept confidential and would have been
exempted from disclosure pursuant to Freedom of Information regulations(5 U.S.C.
552).
F. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the
U.S. Forest Service or the Cooperator from participating in similar activities with other
public or private agencies,organizations,and individuals.
G. ENDORSEMENT. Any of the Cooperator's contributions made under this agreement do
not by direct reference or implication convey U.S. Forest Service endorsement of the
Cooperator's products or activities.
H. NOTICES. Any communication affecting the operations covered by this agreement by
the U.S. Forest Service or the Cooperator will be sufficient only if in writing and
delivered in person,mailed,or transmitted electronically by e-mail or fax,as follows:
To the U.S. Forest Service Program Manager, at the address specified in the
agreement.
To the Cooperator,at the Cooperator's address shown in the agreement or such
other address designated within the agreement.
Notices are effective when delivered in accordance with this provision,or on the effective
date of the notice, whichever is later.
I. TERMINATION FOR COLLECTION AGREEMENTS. Either party,in writing,may
terminate this agreement in whole,or in part,at any time before the date of expiration.
The U.S. Forest Service shall not incur any new obligations for the terminated portion of
this agreement after the effective date of termination and shall cancel as many obligations
as possible. Full credit must be allowed for U.S. Forest Service expenses and all non-
cancelable obligations properly incurred up to the effective date of termination. Excess
funds must be refunded in accordance with the REFUND provision of the agreement.
J. DEBARMENT AND SUSPENSION. Cooperator shall immediately inform the U.S.
Forest Service if they or any of their principals are presently excluded,debarred, or
suspended from entering into covered transactions with the Federal Government
according to the terms of 2 CFR Part 180. Additionally,should the Cooperator or any of
their principals receive a transmittal letter or other official Federal notice of debarment or
suspension,then they shall notify the U.S. Forest Service without undue delay. This
applies whether the exclusion, debarment,or suspension is voluntary or involuntary.
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USDA,Forest Service OMB 0596-021)
FS-1500-11
K. MODIFICATIONS. Modifications within the scope of this agreement must be made by
mutual consent of the parties, by the issuance of a written modification signed and dated
by all properly authorized, signatory officials,prior to any changes being performed.
Requests for modification should be made, in writing;at least 30 days prior to
implementation of the requested change..
L. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date
of the last signature, and has an expiration date of June 30,2016. The expiration date is
the final date for completion of all work activities under this agreement.
M. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the
individuals listed in this document as representatives of the individual parties are
authorized to act in their respective areas for matters related to this agreement. In witness
whereof,the parties hereto have executed this agreement as of the last date written below.
JOHN KANS, Fire Chief Date
City of Ashland
SCOA D. CO OY, Forest Sup6rvisor Date
U.S'. Forest Se ice, Rogue River-Siskiyou National Forest
Tile a thority and format of this agreement have been reviewed and approved f r signature.
c/ o� � :rd
1TH LANG Date
Y.S. Forest Service Grants &Agreements Specialist
Bolden Statement
According to the Paperwork Reduction Ad of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
Information collection is estimated to average 4 hours per response,including the time for reviewing InsWclJons,searching existing data sources,gathering and
maintaining the data needed,and completing and reviewing the collection of Intommtion.
The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,disability,and
where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic Information,potitcal beliefs,reprisal,or because all or
pad of an Individual's Income Is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program Infdnnation(Braille,large Pont,audiotape,etc.)should contact USDA's TARGET Center at 202-720-2600(voice
and TOD).
To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250.9410 or call toll tree
(866)632-9992(voice). TOD users can contact USDA through local relay or the Federal relay at(800)877-8339(TOD)or(866)377-8642(relay voice). USDA
Is an equal opportunity provider and employer.
Page 6 of 6
U.S.Forest Service Agreement No. I 1 I-CO-11061000-026
EXHIBIT A
OPERATING AND FINANCIAL PLAN
I. Period of Performance:
• Period of performance under which funds may be expended begins July 1,2011 and
continues until all funds deposited with the U.S. Forest Service are expended.
• Emphasis is on patrols performed during summer fire season from June I" through
November 1't; and more often as needed and funding allows.
• The general guidelines regarding time and work schedules and reimbursement rates
are as provided in the related Cooperative Law Enforcement Operating Plan with
Jackson County for which City of Ashland funds are added.
H. Frequency of Patrols:
• At a minimum,patrols within the Ashland interface and Ashland watershed area will
be 2 days(16 hours)per week,during peak fire season. At least one day per week
will fall on either Saturday or Sunday.
M.Patrol Areas:
A. National Forest System Land within the Ashland Watershed:
Patrol Areas:
FS Roads 20,2060200,2060300, Lamb Saddle
2060400,2060500,and 2080200 Upper Reeder Reservoir
Caterpillar Trail(foot) Winbum Ridge
2060100 road to Reeder Reservoir Old shooting range above Granite Street(foot)
Bull Gap Trail
Ham Gap Trail
Grouse Gap
Traitheads:
White Rabbit
Bull Gap
Four Comers
Lamb Saddle
Mt.Ashland
B. National Forest System Land outside the Ashland Watershed:
Patrol Areas:
FS Roads 2060,2080,2080400,and 2080600
Toothpick Trail(foot)
Catwalk Trail(foot)
White Rabbit Trail(foot)
U.S.Forest Service Agrement No. 11-CO-11061000-026
Trailheads:
Eastview(Lower and Upper)
Toothpick Trailhead(2080 Rd)
C. City of Ashland owned land within the Ashland Watershed:
Patrol Areas:
Area surrounding City's granite pit off FS Road 2060 at end of Granite St(foot)
Access road around Reeder Reservoir
East Fork of Ashland Creek at Reservoir
Area above Glenview granite pit
Water Treatment Plant access road(2060 100)
Alice in Wonderland Trail(foot)
BTI Trail(foot)
Hitt Road Water Tank area(foot)
D. City of Ashland owned land outside the Ashland Watershed:
Patrol Areas: Oredson-Todd Woods/Hamilton Creek drainage(foot)
TID Ditch(foot) Timberline Terrace to Siskiyou Mountain Park
White Rabbit Trail(foot) Ashland Loop Road(Morton St side)
Siskiyou Mtn.Park(foot)
Trailheads:
Park Street(Siskiyou Mountain Park)
IV.Financial Plan (see attached)
U.S. Forest Service OMB 0596-0217
FS-1500-16
Forest Service Agreement#[ 11-CO-17061000.OTB Cooperator Agreement#
COLLECTION AGREEMENT FINANCIAL PLAN
Cooperator and FS Contributions
CO ELEMENTS atsd re ated data Cooperator F Non-Cash
GoMJibuti Gotttribudon
Ulta It Cost Subtotals Sub of Subtotal °°m1II
S t
PEFtSUNNEL ' FARM
y--.
Resource Specialists(List all personnel)['
Y .
E NOTES UNDER OTHER $0.00 X5$0!00
SE
$0.00 x$0;00
Siilitia tPersonnel: .;__ _., �10l00_$0!00 tl�$Oi00
TRAVEL
IS of trips _ Vehicle �'� 'w PerDtem I� ' '•-j t i
Mileage q of Trips
From WhereA'o;Where/For Whom ..^ .. .Airfare :. Lodging
SEE NOTES UNDER OTHER $0.00 i "gimoo
lmmonEWAMm $0.00 WOO
SEVtitalSTrvel: - _ P $0!001!x'$0.00 x$0,0 x$0!00
EQUIP.MEN7
Name and Type of Equipment: Unit Cost Quantity
• SEE NOTES UNDER OTHER $0.00 - .$0!00
$0.00 $0:00
S.UPPLYIES. a'hrY3�'", '1Ye ? ,. ,
Naiae and 7 ebf Su liesc Uoit Cosl uantity -
SEE NOTES UNUER OTHER $0.00 $OOO
IMEWRIMI $0.00 1111=11111111[$0.00
$0!00 $0'.0010100
CONTRACTUAL � 10�aw'"�` ZZ, i
Describe Contracts that will most likel-result from this project: . --
SEE NOTES UNDER OTHER k?33: $Oi00
°s x$0:'00
S"u6to-W.?CO'nt iiE iel: 3;�, , c , u�. :,'tg _ _ $0!00 ' $Oi00 x$0!00
OTHER : .
i
Describe Other Costs or the Pro'ecl: .
Fonds added through modification to U.S.Forest Service Coaperative Law Enforcement $9,000.00 W$35000'00 $44;000!00
Opemting Plan ql l-LE-I 1061000-008 with Jackson County to perform LE Operating
Plans in the Ashland watershed and interface areas.Funds shall remain available for
reimbursement of Jackson County LE patrols,until fully expended.
Subt'o-" ".Othe% a°.i''. ._'-s: '€ .+i"'` _,:�• .•`s'�• I;11; Mffi$%000.`0 $36;000:00 0$94;000.00
TOTAL DIRECT CHARGES $9,000.00 $36,000.00 $4.000.00
OVERHEAD ASSESSMENT Insert
(if applicable,see FSH 1909.13) Rate
Here: 7.10 $639.00
Total Party,COSts
$9,639.00 $35,000.001 $44,638.00
y
U.S. Forest Service OMB 0596-0217
FS-1500-18
C tEL ENTS SOBJEf.7'17:9_HATIONAL P,ASW-THR000H TES C00 orator Cantributlon
TOTAL CHARGES - $0.00
OVERHEAD ASSESSMENT Indeit
(if applicable,see FSH 1909.13) _ Rate
. Here: $0.00
.. w .. .
Total Pass-Througti Costs ' , � 9�' - `'r. , -' :$0.00
TOT6fAL-PROJECT COSTS, . ,„..::. . .-_✓ ._. ..:_:
Burden Statement
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person Is not required to respond to a collection of Information
unless it displays a valid OMB control number. The valid OMB control number for this Information collection is 0596-0217. The time required to complete this
Information collection Is estimated to average 45 minutes per response,including the time for reviewing instructions,searching existing data sources,gathering
and maintaining the data needed,and completing and reviewing the collection or Information.
The U.S.Department of Agriculture(USDA)prohibits disaiminalion In all its programs and activities on the basis of race,color,national origin,age,disability,
and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political beliefs;reprisal,or because all
or pan of an Individual's Income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persona with disabilities who require
alternative means for communication of program Information(Braille,large print,audiolape,etc.)should contact USDA's TARGET Center at 202-720-2600
(voice and TOD).
To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410 or call toll free
(866)632-9992(voice). Too users can contact USDA through local relay or the Federal relay at(800)877-8339(TOD)or(866)377-8642(relay voice). USDA
is an equal opportunity provider and employer.