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HomeMy WebLinkAboutDoc 434 - USDA Grantt - Fuel Reduction PlanDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of August 19, 2013 DATE: August 7, 2013 FROM: Ed Keith Administration (Forestry) 541-322-7117 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2013-434, a Community Assistance Grant Agreement. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: This grant agreement between the USDA Forest Service and Deschutes County will provide $219,125 for fuel reduction projects in the Wildland Urban Interface of the Greater Bend Community Wildfire Protection Plan FISCAL IMPLICATIONS: The amount of the grant money expected to be spent this fiscal year has been added to the Natural Resource Protection budget. The remainder will be spent prior to the grant expiration of December 31, 2015. RECOMMENDATION & ACTION REQUESTED: Recommend Board Signature of the grant agreement ATTENDANCE: Ed Keith DISTRIBUTION OF DOCUMENTS: Ed Keith DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This fonn is required to be submitted with ALL contracts and other agreements, regard less of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the CommiSSioners. In addition to submitting this fonn with your documents, please submit this fonn electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 17/31/131 Department: !Administration (Forestry)1 Contractor/Supplier/Consultant Name: IUSDA Forest Service! Contractor Contact: IDennis Fiore! Contractor Phone #: 1503-sosj 3 Type of Document: Grant Goods and/or Services: This is a National Fire Plan Community Assistance Grant to provide funds for fuel reduction in communities in the greater Bend CWPP Background & History: This grant continues our hazardous fuel mitigation work that has been ongoing throughout the county. Agreement Starting Date: IS/1/13 (upon signature)1 Ending Date: 12/31/20151 Annual Value or Total Payment: 1$219,125.00 Insurance Certificate Receiied (CieCk box) Insurance Expiration Date: Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? DYes 1S:J No If No, has budget amendment been submitted? 1S:J Yes D No Is this a Grant Agreement providing revenue to the County? 1S:J Yes No Special conditions attached to this grant: Deadlines for reporting to the grantor: Annual reports until grant expires or is closed. If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: Yes 1S:J No 7/31/2013 I Contact information for the person responsible for grant compliance: Name: Ed Keith Phone #: 1541-322-71171 Departmental Contact and Title: Ed Keith, County Forester Phone #: 541-322-7117 _1 Department Director Approval: 7~ft~ Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: County Signature Required (check one): (El BOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No . ____--' Legal Review ~"-~ Date i'~(; -I ) Document Number 2013-434 7/31 /2013 OMS 0596-0217 Expiration Date : 0212812014 '4LVI~ LEGAL COUNSEL FEDERAL FINANCIAL ASSISTANCE AWARD OF DOMESTIC GRANT 2013-DG-ll0627S2-709 Between The DESCHUTES COUNTY And The USDA, FOREST SERVICE STATE AND PRIVATE FORESTRY, PACIFIC NORTHWEST REGION Project Title: Bend Fuels 2013 Upon execution of this document, an award to Deschutes County, hereinafter referred to as "Recipient," in the amount of $219,125.00, is made under Cooperative Forestry Assistance Act of] 978, Public Law 95-313. The Recipient accepts this award for the purpose described in the application narrative. Your application for Federal financial assistance, dated June 12, 2013, and the attached U .S. Forest Service provisions, 'U.S. Forest Service Award Provisions,' are incorporated into this letter and made a part of this award . This is an award of Federal financial assistance and is subject to 7 CFR 23016 Uniform Administrative Requirements, 2 CFR 230 Cost Principles, and OMB Circular A-I33 as implemented by USDA regulation 7 CFR 3052. AU Federal and Recipient matching/cost-share contributions are subject to all relevant OMB Circulars and Code of Federal Regulations. The OMB Circulars are available on the internet at http://\v\'v'W.wbitehouse.JSov!omb /grallts default!. Electronic copies of the CFRs can be obtained at the following internet site: htto ://wwvv'.gp oa cce ss.gov/cti:!index.html. If you are unable to retrieve these regulations electronically, please contact your Grants and Agreements Office at (503) 808-2323. Effective October 1,2010, recipients are required to report information on subaward and executive total compensation, as required by the Federal Funding Accountability and Transparency Act of2006 (Pub. L. 109-282), as amended by section 6202 of Public Law 110-252, hereinafter referred to as "tbe Transparency Act." See the award terms in Attachment B: 2 CFR Part 170. T he following administrative provisions apply to this award: A. LEGAL AUTHORITY. The Recipient shall have the legal authority to enter into this award, 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. PRfNCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this award. Caring for the Land and Serving People Prinled or. RecyCl~d Paper 0 DC -20 OMB 0596-0217 Expiration Date: 02/28/2014 Principal Cooperator Contacts: ,.------------=----...,----::::------:--:---:--;---;------------, f--___-C-o-o.~rator Program Contact Cooperator Administrative Contact Ed Keith Alison Green Deschutes County Deschutes County 61150 SE 2ih Street 61150 SE 27th Street Bend, OR 97702 Bend, OR 97702 Telephone: (541) 322-7117 Telephone: (541) 322-7129 Email: ed.keith@deschutes.org Email: al ison.green@deschutes.org Principal U.S. Forest Service Contacts: U.s. Forest Service Administrative Contact U.S. Forest Service Program Manager Contact Dennis J. Fiore SORO 333 S W First Ave. Portland, OR 97204 Telephone: (503) 808-6334 Email: dfiore@blm.gov Name: Penny Russell, Budget and Grants Coordinator State and Private Forestry P.O. Box 3623 Portland, OR 97204-3623 Telephone: (503) 808-2323 I i Email: plrussell~fs.fed.us C. REIMBURSABLE PAYMENTS -FINANCIAL ASSISTANCE. See provision "K" in the attachment, 'U.S. Forest Service Award Provisions.' D. LIMITATION OF FUNDS. U.S. Forest Service funds in the amount of$219,125 are currently available for perfonnance of this award through December 31, 2015. The U.S. Forest Service's obligation for perfonnance of this award beyond this date is contingent upon the availabi lity of appropriated funds from which payment can be made. No legal liability on the part of the U.S. Forest Service for any payment may arise for performance under this award beyond December 31, 2015_until funds are made available to the U.S. Forest Service for performance and until the Recipient receive(s) notice of availability to be confirmed in a written modification by the U.S. Forest Service. E. PRE-A WARD COSTS FOR STATE, LOCAL, AND INDIAN TRIBAL GOVERNMENTS Pursuant to OMB Circular A-87, Attachment B, No. 31, pre-award costs incurred as of Apri125, 2013, are hereby authorized under this award. F. PROGRAMMATIC CHANGES. The Recipient shall obtain prior approval for any change to the scope of objectives of the approved project, key personnel, or transfer of substantive programmatic work to another party. G. MODIFICA TIONS. Modifications within the scope of this award shall 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 Page 2 of 16 i OMB 0596·0217 Expiration Date; 02/2812014 perfonned. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. H. COMMENCEMENT/EXPJRA TlON DATE. This award is executed as of the date of the last signature and is effective through December 31,2015, at which time it will expire unless extended by an executed modification, signed and dated by all properly authorized, signatory oflicials. I. 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 award. In witness whereof, the parties hereto have executed this award as of the last date written below. Alan Unger, Chair Date Desch,ltes Count~' Bnard of Commissioners Date U.S. Forest Service, State and Private Forestry Pacific Northwest Region The authority and fonnat of this award have been reviewed and approved for sign reo ~h~~~~~____~z~k~3~~'~__ Date' U.S. Forest Ser ice Grants Management Specialist Page 3 of 16 OMB 0596-0217 Expiration Date: 0212812014 ATTACHMENT A: U.S. FOREST SERVICE AWARD PROVISIONS A. COLLABORATIVE ARRANGEMENTS. Whel'e permitted by terms ofthe award, The Recipient may enter into collaborative arrangements with other organizations to jointly carry out activities with grant funds. B. FOREST SERVICE LIABILITY TO THE RECIPIENT. The United States shall not be liable to the recipient for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work under this award, including damage to any property owned by the recipient or any third party. C. NOTICES. Any notice given by the U.S. Forest Service or the Recipient will be sufficient only if in writing and delivered in person, mailed, or transmitted electronically bye-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the grant To the Recipient, at the Recipient's address shown in the grant or such other address designated witllin the grant. Notices will be effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. D. SUBRECIPIENT NOTl.FICATION The Recipient shall notify subrecipients under this award that they are subject to the terms and conditions herein, except with respect to the recipient's OMB Uniform Administrative Requirements and Cost Principles. In the case of subrecipient Uniform Administrative Requirements and Cost Principles, subrecipients must be notified that they are subject to the following: 2 CFR 215 2 CFR230 7 CFR 3016 2 CFR 225 A-l33 7 CFR 301 2CFR225 A-l33 2 CFR 215 2CFR220 A-133 2 CFR 215 48 CFR 31.2 Page 4 of 16 OMB 0596·0217 Expiration Dale: 0212812014 E. USE OF U.s. FOREST SERVICE INSIGNIA. In order for the Recipient to use the U.S. Forest Service insignia on any published media, such as a webpage, printed publication, or audiovisual production, pennission must be granted from the U.S. Forest Service's Office of Communications. A written request must be submitted and approval granted in writing by the Office of Communications (Washington Office) prior to use of the insignia. F. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no United States member of, or United States delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise therefrom, either directly or indirectly. G. TRAFFICKING IN PERSONS. 1. Provisions applicable to a Recipient that is a private entity. a. You as the Recipient, your employees, subrecipients under this award, and subrecipients' employees may not­ (1) Engage in severe forms of trafficking in persons during the period oftime that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in the pelformance of the award or subawards under the award. b. We as the Federal awarding agency may unilaterally tenninate this award, without penalty, if you or a sUbrecipient that is a private entity (1) Is determined to have violated a prohibition in paragraph a.] of this award term; or (2) Has an employee who is determined by the agency official authorized to tenninate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either- i. Associated with performance under this award; or ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debanllent and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR 417. Page 5 of 16 OMB 0596-0217 Expiration Date: 02f28/2014 2. Provision applicable to a Recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- a. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either­ (I) Associated with performance under this award; or (2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMS Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR 417. 3. Provisions applicable to any recipient. a. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: (1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.c. 7104(g», and (2) Is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of paragraph a.I of this award term in any subaward you make to a private entity. 4. Definitions. For purposes of this award term: a. "Employee" means either: (l) An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as Page 6 of 16 OMB 0596-0217 Expiration Date: 02/28/2014 an in-kind contribution toward cost sharing or matching requirements. b. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c. "Private entity": (1) Means any entity other than a State. local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (2) Includes: i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CPR 175.25(b). ii. A for-profit organization. d. "Severe fOnTIS of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). H. DRUG-FREE WORKPLACE. \. The Recipient agree(s) that it will publish a drug-free workplace statement and provide a copy to each employee who wi II be engaged in the performance of any project/program that receives federal funding. The statement must a. Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace; b. Specify the actions the Recipient will take against employees for violating that prohibition; and c. Let each employee know that, as a condition of employment under any instrument, he or she (I) Must abide by the terms of the statement, and (2) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace, and must do so no more than five calendar days after the conviction. Page 7 of 16 OMS 0596-0217 Expiration Date: 02/28/2014 2. The Recipient agree(s) that it will establish an ongoing drug-free awareness program to inform employees about a. The dangers of drug abuse in the workplace; b. Your policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation and employee assistance programs; and d. The penalties that you may impose upon them for drug abuse violations occurring in the workplace. 3. Without the U.S. Forest Service's expressed written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days after the effective date of this award, or the completion date of this award, whichever occurs first. 4. The Recipient agree(s) to immediately notify the U.S. Forest Service if an employee is convicted of a drug violation in the workplace. The notification must be in writing, identify the employee's position title; the award number of each award on which the employee worked. The notification must be sent to the U.S. Forest Service within ten calendar days after the Recipient leam(s) of the1 conviction. 5. Within 30 calendar days oflearning about an employee's conviction, the Recipient must either a. Take appropriate personnel action against the employee, up to and including 1, termination, consistent with the requirements of the Rehabilitation Act of [973 (29 USC 794), as amended, or 1 I b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State 01' local health, law enforcement, or other appropriate agency. 1. ELIGIBLE WORKERS. The Recipient shall ensure that all employees complete the I­ 9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). The Recipient shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental instruments awarded under this award. J. FINANCIAL STATUS REPORTING. A Federal Financial Report, form SF-425 (and Federal Financial Report Attachment SF-425A, if required for reporting mUltiple grants), must be submitted annually. The final SF-425 (and SF-425A, if applicable) must be submitted either with the final payment request or no later than 90 days from Page 8ofl6 OMS 0596-0217 Expiration Date: 02/28/2014 the expiration date of the award. These forms may be found at 't~:~,,~~~,_w-bj!.QJl~'-\I:5.~,gQyLpD)bignlJ}~:L.E]r!J)~. K. REIMBURSABLE PAYMENTS -FINANCIAL ASSISTANCE. Reimbursable payments are approved under this award. Only costs for those project activities approved in (1) the initial award, or (2) modifications thereto, are allowable. Requests for payment shall be submitted on Standard Form (SF) 270, and shall be submitted no more than monthly. In order to approve a Request for Advance Payment or Reimbursement, the U.S. Forest Service shall review such requests to ensure advances or payments for reimbursement are in compliance and otherwise consistent with OMB, USDA, and U.S. Forest Service regulations. Advance payments shall not exceed the minimum amount needed or no more than is needed for a 30-day period, whichever is less. [fthe Recipient receive(s) an advance payment and subsequently requests an advance or reimbursement payment, then the request must clearly demonstrate that the previously advanced funds have been fully expended before the U.S. Forest Service can approve the request for payment. Any funds advanced, but not spent, upon expiration of this award shall be returned to the U.S. Forest Service. The invoice must be sent by one of three methods (email is preferred): EMAIL: asc_ga@fs.fed.us FAX: 877-687-4894 POSTAL: Albuquerque Service Center Payments -Grants & Agreements 101B Sun Ave NE Albuquerque, NM 87109 Send a copy to: Dennis Fiore SORO 333 SW First Avenue Portland, OR 97204 E-mail; dfiore@blm.gov L. AWARD CLOSEOUT. The Recipient shall close out the grant within 90 days after expiration or notice of termination. Any unobligated balance of cash advanced to the Recipient shall be immediately refunded to the U.S. Forest Service, including any interest earned in accordance with 7 CPR 3016.21, 7 CFR 3019.22, or other relevant law or regulation. Within a maximum of 90 days following the date of expiration or termination of this grant, all financial performance and related reports required by the terms of the award Page 9 of 16 OMB 0596·0217 Expiration Date: 02/28/2014 shall be submitted to the U.S. Forest Service by the Recipient. If this award is closed out without audit, the U.S. Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. M. PROGRAM PERFORMANCE REPORTS. The Recipient shaH monitor the performance ofthe grant activities to ensure that performance goals are being achieved. Performance reports shall contain information on the following: • A comparison of actual accomplishments to the goals established for the period. Where the output of the project can be readily expressed in numbers, a computation of the cost per unit of output may be required if that information is useful. -Reason(s) foJ' delay if established goals were not met. -Additional pertinent information including, when appropriate, analysis and explanation of cost overJ'Uns or high unit costs. The Recipient shall submit annual performance reports. These repolts are due 90 days after the reporting period. The final performance report shall be submitted either with the Recipient's final payment request, or separately, but not later than 90 days from the expiration date of the grant. N. NOTIFICATION. The Recipient shall immediately notify the U.S. Forest Service of developments that have a significant impact on the activities supported under this grant. Also, notification shall be given in case of problems, delays or adverse conditions that materially impair the ability to meet the objectives of the award. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. O. CHANGES IN KEY POSITIONS AND PERSONNEL. Any revision to key positions and personnel identified in the application for this award require prior, written approval from the U.S. Forest Service. All technical positions are considered Key Personnel by the U.S. Forest Service. Failure on the part of the Recipient to obtain prior, written approval when required may result in the disallowance of costs. P. FREEDOM OF INFORMATION ACT (fOlA). Public access to grant or agreement records shall 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). Q. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned Page ,10 of 16 OMB 0596-0217 Expiration Date: 0212812014 vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All recipients and subrecipients are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. R. PUBLIC NOTICES. It is the U.S. Forest Service's policy to infonn the public as fully as possible of its programs and activities. The Recipient is/are encouraged to give public notice of the receipt of this award and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include a statement substantially as follows: "State and Private Forestry of the U.S. Forest Service, Department of Agriculture, Volunteer Fire Assistance Program." The Recipient may call on the U.S. Forest Service's Office of Communication for advice regarding public notices. The Recipient is/are requested to provide copies of notices or announcements to the U.S. Forest Service Program Manager and to the U.S. Forest Service's Office of Com municati OilS as far in advance of release as possible. S. FUNDING EQUIPMENT. Federal funding under this award is not available for reimbursement of the Recipient's purchase of equipment. Equipment is defined as having a fair market value of$5,OOO or more per unit and a useful life of over one year. Supplies are those items that are not equipment. T. USE OF GOVERNMENT OWNED VEHICLE. U.S. Forest Service vehicles may be used for official U.S. Forest Service business only in accordance with FSH 7109. t 9, ch. 60, the requirements established by the region in which perfonnance of this award takes place, and the terms of this award. U. TERMINAT10N BY MUTUAL AGREEMENT. This award may be terminated, in whole or part, as follows: • When the U.S. Forest Service and the Recipient agree upon the termination conditions, including the effective date and, in the case of partial tennination, the portion to be terminated. A By 30 days written notification by the Recipient to the U.S. Forest Service setting forth the reasons for termination, effective date, and in the case of partial termination, the portion to be terminated. If, in the case ofa partial termination, the U.S. Forest Service determines that the remaining portion of the award will not accomplish the purposes for which the award Page 11 of 16 OMB 0596-0217 Expiration Date: 02128/2014 was made, the U.S. Forest Service may terminate the award in its entirety. Upon termination of an award, the Recipient shall not incur any new obligations for the terminated portion of the award after the effective date, and shall cancel as many outstanding obligations as possible. The U.S. Forest Service shall allow full credit to the Recipient for the United States Federal share of the non-cancelable obligations properly incurred by the Recipient lip to the effective date of the tennination. Excess funds shall be refunded within 60 days after the effective date oftermination. V. DISPUTES. l. Any di~pute under this award shall be decided by the Forest Service Signatory Official. The Forest Sevice Signatory Official shall furnish the Recipient a written copy of the decision. 2. Decisions of the Forest Service Signatory Official shall be final unless, within 30 days of receipt of the decision of the Forest Service Signatory Official, the Recipient appeal(s) the decision to the U,S. Forest Service's Director, Acquisition Management (AQM). Any appeal made under this provision shall be in writing and addressed to the Director, AQM. USDA. Forest Service, Washington, DC 20024. A copy of the appeal shall be concurrently furnished to the Forest Service Signatory Official. 3. In order to facilitate review on the record by the Director, AQM, the Recipient shall be given an opportunity to submit written evidence in support of its appeal. No hearing will be provided. W. DEBARMENT AND SUSPENSION. The Recipient shall immediately inform the U.S. Forest Service if they or any oftheir 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 Recipient 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. X. SYSTEM FOR AWARD MANAGEMENT REGISTRA TrON AND UNIVERSAL IDENTIFIER REQUIREMENTS 1. Requirement/or System/or Award Management Registration (.,}AM -formerly Central Contractor Registration or CCR): The recipient must maintain the currency of information in the SAM until submission orthe final financial report required under this award or receipt of the final payment, whichever is later. This requires that a review and update of the information at least annually after the initial registration, and more frequently if required by changes in information or another award term. 2. Requirement/or Data Universal Numbering System (Dl.INS) Numbers: Page 12 of 16 OMS 0596-0217 Expiration Date: 0212812014 If authorized to make subawards under this award: a. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward unless the entity has provided its DUNS number to you. b. May not make a subaward to an entity unless the entity has provided its DUNS number. 3. Definitions: For purposes of this award term: a. System for Award Management Registration (.I)AM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at httRS:!i.wwvv .sam .go\'). b. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (O&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-57 I I) or the Internet (currently at fIll ps :/fecJ.mJV .dn h. co mt'we bf(wrri). c. Entity, as it is used in this award term, means all ofthe following, as defined at 2 CFR part 25, subpart C: i. A Governmental organization, which is a State, local governmeht, or Indian Tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; and v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 4. Subaward: a. This term means a legal agreement to provide support for the performance ofany portion of the substantive project or program covered by this award and that are subsequently awarded to an eligible subrecipient. b. The term does not include procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 11.210 of the attachment to OMB Circular A-l33, ..Audits of States, Local Governments, and Non-Profit Organizations"). c. A subaward may be provided through any legal agreement, including an agreement that may be considered a contract. 5. Sub recipient: a. Receives a subaward under this award; h. [s accountable to the recipient for the lise of the Federal funds provided by the subaward. [END OF PROVISION] Page 13 of 16 OMB 0596-0217 Expiration Date: 02/28/2014 ATTACHMENTB: 2CFRPART170 Appendix A to Part 170-Award Term 1. Reporting Subawards and Executive Compensation. a. Reporting offirst-tier subawards. t. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when 10 report. i. You must report each obligating action described in paragraph a.1. of this award term to http://wwwjsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at htlp:llwwwJsrs,gov specify, b. Reporting Total Compensation ofRecipient Executives. 1. Applicability and what to report, You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received­ (A) SO percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 eFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports tiled under section] 3(a) or 15(d) of the Securities Exchange Act of t934 (15 U.S.C. 7Sm(a), 780(d) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U,S, Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must repOlt executive total compensation described in paragraph b.l. of this award term: i. As part of your registration profi Ie at http://www.sam,gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. Page 14 of 16 OMB 0596-0217 Expiration Date: 02/28/2014 c. Reporting o.fTotal Compensation o.fSubrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if- i. in the subrecipient's preceding fiscal year, the subrecipient received­ (A) SO percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (8) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15( d) of the Securities Exchange Act of 1934 (IS U.S.c. 78m( a), 7So( d» or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. ) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.l. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October ofa given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: 1 . Subawards, and 2. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: PagelS of 16 OMB 0596-0217 EXi3iration Date: 02/2812014 1. This term means a legal agreement to provide support tor the performance of any portion ofthe substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 11.210 of the attachment to OMB Circular A-l33, "Audits of States, Local Governments, and Non-Profit Organizations"), iii. A subaward may be provided through any legal agreement, including an agreement that you 01' a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compemation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402( c )(2»: i. Salary and bonus. it Awards ofstock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earningsfor services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to aU salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax­ qualified vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of lite insurance paid 011 behalf of the employee, perquisites or property) for the executive exceeds $10,000. END OF ATTACHMENTB: 2CFRPART 170 Page 160fl6 G rant Narrative Bend Fuels Community Assistance Grant Summary of Project This project will treat areas within the Bend CWPP. specifically the highest rated areas identified in the plan named West. Northwest and Southeast. This project will use treatment approaches including thinning, brush mowing, chipping and biomass removal to accomplish the goals as outlined in the CWPP including creating defensible space around structures and treating fuels such that they will produce flame lengths of 4 feet or less, moving areas from condition class 2 and 3 back to condition class 1. By accomplising the goats ofthis project risks to loss of1ife and property damage will be minimized. and firefighter safety will be increased. Funds will be used to pay contractors to conduct the work. and for project administration and oversight. Methodology Deschutes County and Project WildfIre will begin the project by providing fire prevention and defensible space education and outreach to subdivisions and communities within the project area. Project Wildfire will also coordinate outreach with the local fire department, ODF and the US Forest Service as well as other partners in order to provide a coordinated message between all organizations conducting fire prevention education and outreach in the area. Following an education and outreach campaign Deschutes County and Project Wildfire will prioritize work areas, identify timelines for work. in cooperation with the participating landowners and identify and hire contractors to perfonn the work. Specific treatment areas will be prioritized by: 1) Conditions of fuel: Areas that are densely stocked or have mature brush or other ladder fuels nearest or intennixed with developed areas will be given the highest priority. 2) Neighborhood participation: Contiguous parcels and neighborhoods that are willing to participate as a group therefore creating larger adjacent treatment areas will be favored over individual isolated treatment areas. Objectives This project will treat approximately 550 acres. Costs per footprint acre are estimated at $400. Specific contractual activities include: -Thinning & chipping: Dense stands of trees with the potential to create ember showers or crown fires will be thinned and the slash treated with chipping. We plan to treat 50 acres with these treatment methods. -Mowing: Areas thick with bitterbrush or other ladder fuels will be mowed or masticated reducing fuel heights to 4 i~ches or less. We plan to treat 200 acres with mowing or mastication. -Biomass removal: In areas directly adjacent to homes the homeowner will create defensible space following guidelines provided by Project Wildfire and Deschutes County. Once homeowners complete the work they will place the slash and other debris along roadsides or other designated areas. Contractors wilJ be utilized to collect the debris and remove it from the neighborhoods. With residents completing the portion of work around their homes they gain the education needed to maintain the treatment into the future. We pJan to treat and remove biomass from 300 acres ofdefensible space around homes. Key Personnel Ed Keith, Deschutes County Forester, ed.keith@deschutes.org 541 ~322~7117 Alison Green, Project Wildfire Program Director, 541~322-7l29 Timeline The project timeline is included as a separate attachment Project Budget The project budget is included as a separate attachment. Expanded Project Budget Cost Category Desc~iption Federal Agency (FS) Applicant Partner 1 Partner 2 A) Persoonel (position"rate'time) • Deschutes County ForeSter. 10.000.00 10.000.00 ~,ct Wildfire Coordinator 8.000.00 8,000.00 8) Fringe Benefils· % Personnel Deschutes County Forester 4.000.00 4,000.00 11­_______.;:;Sub=to!;;.;;aI;;.J_''_......_.M...........7... , ...............................::..........................,.........: .............,_......,...........:..........."............,.................. D) EquipmenU1j>$5000 (inventory list) E) Supplies lype'Qty'cost JI-_~______.:.:S::::ub:::t;;;;ot:;:;a/+.",••__..... , •.•,.....:_• .................."..........:...................._...._......:........"................,...._....: ...~; ....,.....................= F) Contractual ego coslfacres "­ Fuels Contractors 197.125.00 197,~1 G) Construction detail .. Subtotal .. ..Il--------==~..;..·........··........................·..·..···..···......·......·...m .. .. .. ; ...... h.'...h ....~•• , ... , ........'"u. "............".,.. .......;. ....., ..... & •••• "" ........,........-.ri...'u.......... H) Other (specify) detail lTotal Direct Costa 219125.00 219,125.00 l)tndirectCharges .. include federally IF1a=PP;.:.:,fo1v;;;;ed:.c:;:o:,:s:;.;!a;;&;;9Iree::.::;.;m;;;.e;;.;nt:..-___-+......,...........k .....,"•••;...... " ........, ............,........; ......................­.........................................,..............................." ............-~ . Project Total IJ) Program Income (using ~ductive Alternative) 219.125.00 219,125.00 [1 J Equipment is single unit values ofS5,POO or greater with a usefullife of more than 1 year. Please itemize equipment/costs, 12] Program income Is the gross revenue generated by a grant or cooperative agreement supported activity during the life of the grant. Program income can be earned from fees charged for conference or workshop attendance. from rental fees earned from renting out real property or equipment acquired with grant or cooperative agreement funds. or from the sale of commodities or items developed under the grant or cooperative agreement. The use of Program Income during the project period may require prior approval by the granting agency. i Project Timeline ! ! Ust tasks and time frames relative only to the scope of this grant, consultants or organization responsible for carrying ! out each task. Potential obstacles should be addre~. I Tasks Time Frame ! !Outreach to commWlity and . September 2013 I cooperators, plan treatment areas i Ongoing fuels treatment September 2013 -October 20 15 Reporting results As required. quarterly, annually, end of project I I I I J I Responsible Party II Deschutes COWlty, Project ! Wildfire I i Deschutes COWlty, Project Wildfire, contractors, community members and cooperators. Deschutes COWlty I I ! ,i f I ; I OMB Number: 4040..0004 Expiration Date: 0113112009 Application for Federal Assistance SF-424 Version 02 "1. Type of Submission: o Preapplication Ilfl Application o ChangedlCorrected Application *2. Type of Application • If Revision. select appropriate letter(s) 181 New o Continuation "Other (Specify) o Revision 3. Date Received: 4. Applicant Identifier: Sa. Federal Entity Identifier. . "Sb. Federal Award Identifier: USDA Forest Service Slate Use Only: 6. Date Received by State: 17. State Applicetion Identifier: 8. APPUCANT INFORMATION: .8. Legal Name: Deschutes County *b. Em~oyerlTaxpayer Identification Number (EINlT1N): *0. Organizational DUNS: 93-600.j2292 030805147 d. Address: ·Street 1: §11S0 SE 2th Street Street 2: "City: Bend County: Deschutes *State: Q(§gQIl Province: ·Country: USA ·Zip I Postal Code !ilZZQ2 e. Organizational Unit: Department Name: DMsion Name: . Forestry f. Nama and contact Infonnation of person to be contacted on matters involving this application: Prefix: -First Name: ~g Middle Name: "Last Name: ~eith Suffix: Title: County Forester Organizational Affiliation: Deschutes County *Telephone Number. 541-322-7117 Fax Number: 541-388-2719 ·Emall: ed.keith@deschutes.org OMB Number: 404()"0OO4 Expiration Dale: 0113112009 Application for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1: Select Applicant Type: B.County Govemment Type of Applicant 2: Select Applicant Type: Type of AppflC8nt 3: Select Applicant Type: ...Other (Specify) *10 Name of Federal Agency: USDI Bureau of Land Management 11. Catalog of Federal Domestic Assistance Number: M· (;;1a1 rj~ CFDA TltIe: J \ c: 11 ' _ i\);?~'< I 1 ....... '~~""""k41:::L...!OJI""""Ve.."'---'--1D...:..;::;reSfr1 It ~0 ksrO!l1L "12 Funding Opportunity Number. *Title: 13. Competition identification Number. Title: 14. Areu Affected by Project (Cities, Counties, States. etc.): Deschutes County, Oregon; Bend, Oregon *15. Descriptive nOe of Applicant's Project: Bend Fuels OMS Number: 4040-0004 Expiration Date: Ol131f.Z009 Application for Federal Assistance SF-424 Version 02 16. Congl'8S$lonal Districts Of: ·a. Applicant: 2 "b. Program/Project: 2 17. Proposed Project *a. Start Date: 9115113 *b. End Date: 12131/15 . 18. estimated FundIng ($): *a. Federal tb. Applicant $219,125 ·c. State *d. local *e. Other *f. Program Income *9. TOTAL $219,125 ·19. Is Application Subjec:tto Review By State Under Executive Order 12372 Process? o a. This application was made available to the State under the Executive Order 12372 Process for review on __ o b. Program is sUbject to E.O. 12372 but has not been selected by the Stats for review. o c. Program is not covered by E. O. 12372 '20. I. the Applicant Delinquent On Any Federal Debt? (If "Yes", prcwide explanation.) DYes !81 No 21. "Sy signing this application, I certify (1) to the statements contained in the Ii$t of certifications·· and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances'" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal. civil, or administrative penalties. (U. S. Code, Title 218. Section 1001) !81 •• I AGREE ** The list of certifications and assurances. or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: "First Name: ~g Middle Name: "Last Name: Keith Suffix: *Title: County Forester *Telephone Number. 541-322·7117 IFax Number: 541·388--2719 • Email: ed.keith@deschutes.org ·Signature of Authorized Representative: lsi Ed Keith I·oate Signed: 6112113ffi1/jp-­ Authorized Cor Loea! Reproduction Standard Form 424 (Revised 1012005) Prescribed by OMB Circular A-l02 OMB Number: 404fI..OOO4 Expiration Date: 0 I fJll2OO9 Application for FederaJ Assistance SF-424 Version 02 *Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization Is delinquent of any Federal Debt. OMa Approval No. 0348-0044 BUDGET INFORMATION· Non-C --~ -~ -tlon P --2-----­ Grant Program Catalog of Federal Function Domestic AssIstance or Activity Number (q) (b) 1. Community Assistaw 15.228 2. 3. 4. 5. Totals 6. Object Class Categories a. Personnel b. Fringe Benefits c. Travel d. Equipment e. Supplies 1. Contractual g. Construction h. Other I. Total Direct Charges (sum of 6a-6h) ;. Indirect Charges k. TOTALS (sum of 6i and 6j) 7. Program Income SECTION A • BUDGET SUMMARY Estimated Unobligated Funds New or Revised Budget Federal Non-Federal Federal (e) td) (e) $ $ $ 219.125.00 $ $ 0.00 $ 0.00 $ 219,125.00 $ SECTION B • BUDGET CATEGORIES G.RANT PROGRAM. FUNCTION OR ACTIVITY {1} (2) (3) $ 18,000.00 $ $ $ 4.000.00 --------­ 197.125.00 219.125.00 0.00 0.00 ---­ $ 219,125.00 $ 0.00 $ 0.00 $ 1$ 1$ 1$ 1$ Non-Federal Total Cf) (gl $ 219.125.00 0.00 0.00 0.00 0.00 $ 219,125.00 Total (5) $ 18.000.00 4.000.00, o.ooi 0.00 0.00 197.125.00 0.00 0.00 0.00 219,125.00 0.00 0.00 $ 219.125.00 IS 0.00 Authorized for Local Reproduction Standard Form 424A {Rev. 7-97) Prescribed by OMS Ckrular A·102 Pnllilous Edition Usable SECTION C -NON-FEDERAL RESOURCES (a) Grant Program (b) Applicant (0) State (d) Other Sources (e) TOTALS 8. Community Assistance $ $ $ $ 0.00 9. 0.00 10. 0.00 11. 0.00 12. TOTAl (sum of lines 8-11) $ 0.00 $ 0.00 $ 0.00 • $ 0.00 SECTION D • FORECASTED CASH NEEDS Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4thQuartar 13. Federal $ 100,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 14. Non-Federal 0.00 15. TOTAL (sum of lines 13 and 14) $ 100,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 I SECTION E -BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT (a) Grant Program FUTURE FUNDING PERIODS (Years) 1bfFirsl (c)Second Cd) Third (e) Fourth 16.Community Assistance $ 100,000.00 $ 119,125.00 $ $ 17. 18. 19. 20. TOTAl (sum oflines 16-19) $ 100,000.00 $ 119,125.00 $ 0.00 $ 0.00 SECTION F • OTHER BUDGET INFORMATION 21. Direct Charges: /22. Indirect Charges: 23. Remarks: I,.-...... -~ --~...--.~.-.. -....• -.....­.....­~.... --....­ Authorized for Local Reproductio!1 Standard Fonn 424A (Rev. 7-97) Page 2 OMS Approval No. 0348-0040 ASSURANCES· NON..cONSTRUCTION PROGRAMS Public reporting burden for this collection of information Is estimated to average 15 minutes per responsa. including time for reviewing Instruct1ons. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the oollectlon of information. Send oomments regarding the burden est/mate or any other aspect of this coIIectlon of information, inclUding suggestions for reducing this burden. to the Office of Management and Budget. Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND rr TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions. please contact the awarding agency. Further, certain Federal awarding agendes may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the appncant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutiOnal, managerial and financial capability (including funds suI1icient to pay the non-Federal share of project cost) to ensure proper planning. management and oompletion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the Stats. through any oothorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will estabfish a proper accounting system In accordance with generally accepted accounting standards or agency directives. 3. Wdl establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and oomplete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standardS for merit systems for programs funded under one of the 19 statutes or regulations specified In Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900. Subpart F). 6. Will compfy with all Federal statutes relating to nondlscrlmlnatlon. These Include but are not limited to: (a) Title VI of the CMI Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Trtle IX of the education Amendments of 1972, as amended (20 U.S.C. §§1681­ 1683, and 1685-1886). which prohibits discrimination on the baSis of sex; (e) Sect10n 504 of the Rehabilitation PI1IYloua Edition Usable Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age OIscrfm1oation Act of 1975, as amended (42 U.S.C. §§6101-6107). which prohibits discrimination on the besis of age; (e) the Drug Abuse OfrICe and Treatment Act of 1972 (P.L 92-255), as amended. relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and A1ooholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91-616), as amended, relating to nondisa'fmination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee­ 3), as amended. relating to confidentiality of alcohol and drug abuse patient reoords; (h) ntle VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating 10 nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscriminaUon provisions In the speclfic Statule(s) under which application for Federal assistance Is being made; and. 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply. or has already oomplled, with the requirements of 11tIes II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whosa property Is acquired as a result of Federal or federaUy-asslsted programs, These requirements apply to an Interests In real property acquired for project purposes regardless of Federal participation In purchases. B. WiU comply. as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-732B) which limit the political activities of ernployees whose principal employment activities are funded In whole or in part wtth Federal funds. Standard Form 4248 (Rev. Nt?) Authorized for Local Reproduction Prescribed by OMS Circular A.102 9. Will comply, as applicable, with the provisions of the Oavis- Bacon Act (40 U.S.C. §§276a to 2768-7), the Copeland Act (40 U.S.C. §278c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327­ 333), regarding labor standards for fedetally-asslsted construction subagreements. 10. Will comply, if applicable, with flood Insurance purchase requirements of Section 102(a)'of the Flood Disaster Protection Act of 1973 (P.L 93-234) which requires recipients In a special flood hazard area to participate in the program and to purchase flood Insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Wdl comply with environmental standards which may be prescribed pursuant to the foHowing: (a) Institution of envlrorunental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains In accordance with EO 1198S; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean AIr) Implementation Plans under Section 176(c) of the Clean AIr Ad. of 1955, as amended (42 U.S.C. §§7401 at seq.); (g) protection of underground sources of drinking water under the Safe Drinlclng Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L 93­ 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the natlonsl wild and scenic rivers system. 13. WiU assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (ldentlficatlon and protection of historic properties), and the Archaeological and Historic PrB$8I'V8tion Act of 1974 (16 U.S.C. §§469a-1 at seq.). 14. WiH comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. WiD comply with the Laboratory Animal Welfare Ad. of 1966 (P.L 89-544, as amended, 1 U.S.C. §§2131 tt seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other aetfvlties supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.) whiCh prohibits the use of lead-based paint in constructloo or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMS Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. WIll comply with all applicable requirements of a/l other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL ~7d~--'- TITLE County Forester APPLICANT ORGANIZATION Deschutes County DATE SUBMITTED June 13, 2013 Standard Form 4248 (Rev. 7-9T) Back u,s. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debannent and Suspension, 7 CPR Part 3017, Section 3017510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989 Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered tl'anSaction. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (I) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining. attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property: (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Orgimlzation NamePR/A~ard Number qr l'rojuct Name ,.-----"•• -,---""~"'-.-.-.~........--.."'........-..-~.''''.....'"~ ... ''''.~.,......•••--.---•• <" ... -.~~.....----••-,...-~~~--.-~",-.~--.----,-'-,.~-.---....-;----.--:..---- Deschutes County I Bend Fuels ~~.!I!~!Tf~(~,ofAu~~J!~p!!!iii'~ji~(~i.~:==~~~~_~~~_::.~.~:.~:.,.:;=:=~~~:=~':-~~:~~==-~-:-~:~,=".'.'~'~:.:=:=~==.~:=;_~==-:~~_===::~:='., Ed Keith. County Forester Form AD-l047 (1/92) I f U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DRUG..fREE WORKPLACE REQUIREMENTS (GRANTS) ALTERNATIVE I.. FOR GRANTEES OTHER THAN INDMDUALS This certification is required by the regulations Implementlng Sections 5151-5160 of the Drug-Free Workplace Ad. of 1988 (Pub. L. 10Q.690. TItle V, Subtitle D; 41 U.S.C. 701 et seq.). 7 CFR Part 3017. subpart F. SectIon 3017.600. PUijlOSe. The January 31. 1989, regulations 'MIre amended and published as Part n of the May 26. 1990 Federal Register (pages 21681-21691). Copies of the regulations may be obtained by contacting !he Department of Agriculture agency offering the grenl. (Before completing certification. read Instructions on page 2) AlternatiVe I A The grantee certifies that It wi. or will continue to provide a cIrug­ free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution. dispensing. poaession. or use of a controlled substance Is prohibited in the grantee's worj(pIace and specifying the actions that wig be taken against employees for violation of 8UCb prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about ­ (1) Tha dangers or drug abuse in the WOIkplace; (2) The grantee's policy of maintaining a drug-free wo~ace; (3) AA'/ available drug COUll$eling, rehabilitatlon. and ~oyee assistance programs; and (4) The penalties that may be inposed upon employees for drug abuse violations occurring in the WOI1qIIace; (c) MaIcJng it a requirement that each employee to be engaged in the perfonnanoe of the grant be given a copy of the statement requited by paragraph (a); (d) NotifyIng the empIojee in the statement required by paragraph (a) that, as a condition of employment under the grant. the employee will ­ (1) Abide by the terms of the statement. and (2) Notify the employer In writing, of his or her corlllidion for a viOIalIcn of a aimlnal drug statute occuning in the WOfI(place no Ietar than five calendar days after such conviction; (e) Notifying the agency in writing. within ten calendar days after recelvlng notice under subparagraph (d) (2) from an employee or other \\ise receiving actual notice of IIUCh convIctlon. Employers of com!k:ted employees must provide notice, including posIUon litle, to every grant officer on whose grant activity the convicted employee was workilg. unIea$ the Federal agency has designated a central point for the receipt of 8UCb notices. Notice shall lnctucle the identification number(s) of .adl affected grant; (f) Taking one of the following actIoll$. within 30 c:alendar days of receiving notice under subparagraph (d)(2), with respect to any empbyee who Is so CCII1IIk:ted (1) Taki'!g appropriate personnel action against such an employee. up to and Including termination. consistent with the requirements of the Rehabilitation NJ. of 1973.81 amended; or (2) Requiring such employees to parllcipata satisfactorily in a drug abuse assistance or rehabilitation program approved for such PIJIpOSeS by a Federal, State. or local health, law enforcement. or other appropriate agency; (g) Making a good faiIh effort to continue to maintain a drug­ tree worXplace through implementation or paragraphs (a). (h). (e), (d). (e), and (f). B. The grantee may Ill$Ilri in tha space provided below the de(s) for the pe!formance of work done In connecIion with the SpecifIC grant; Place of Performanca (Street addreu. city, county, Slate. zip code) t {I J-D S{ Z,7f!::. $1: I :@t.J'4> dZ. P?O'l­ nco ,.;vJ 6.ALt-ir ~o. oR.'l77u( • I Check D if !here are WOI1cpIaees on file that are not Identified here. Deschutes County OrganIZatIon Name Bend Fuels Award Number or Project Name Ed Keith, COunty Forester Name and iltlEi Of Authorized RepreaentatMi 47tr Signature Form A[)"'1049 (Rev 5190) I U.S. DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT CERTIFICATION FOR FEDERAL ASSISTANCE Certification Regardina Lobbying Certification for Contracts. Grants. Loans. and Cooperative Agreements Applies to recipients of awards exceeding $100,000. This certification is required by Section 1352, title 31. U,S. Code, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions." The undersigned certifies, to tbe best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or Will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee ofany agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shan complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,II in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for aU subawards at a11 tiers (including subcontracts, subgrants. and contracts under grants, loans. and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission oftbis certification is a prerequisite for making or entering into this transaction imposed by Section 1352. title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the authorized certifying official, I hereby certify that the above specified certifications are true. Signature & Date: t11 71:1-:-­ ; Typed Name & Title: Ed Keith, Deschutes County Forester ApplicantlRecipient Name: Deschutes County BLM Agreement No.: (if modification) NOTE: This certification must be completed upon initial award ifthe total amount exeeeds SI00.000.00 and witb each subsequent modification wben additional funds are awarded. I