HomeMy WebLinkAboutVegetation Mgmt Agreement0-C ES C
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Deschutes 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 June 25, 2008
Please see directions for completing this document on the next page.
DATE: June 16, 2008.
FROM: Dan Sherwin. Road Department Phone # 322-7135
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document Number 2008-348 Grant Agreement between the
Oregon Department of Agriculture and Deschutes County.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
This grant agreement will provide funding to be used to educate landowners about integrated vegetation
management techniques for noxious weed control and healthy land restoration. Funding will be used to
print educational brochures, travel, labor and purchasing other educational material.
The grant will also provide funding for growing and harvesting native seed. This funding will only
partially pay contractors to grow native plants and harvest the native seed. Currently there are five
native grasses and three forbes (plants that are not grasses) in production.
FISCAL IMPLICATIONS:
The total grant to be received from ODA is $16,400. Additional funding for these projects has been
budgeted to FY 08-09. There is no required match for this grant.
RECOMMENDATION & ACTION REQUESTED:
The department recommends Board signature of Document # 2008-348.
ATTENDANCE: Dan Sherwin
DISTRIBUTION OF DOCUMENTS:
Send two signed originals to:
Tom Forney, Project Coordinator
Oregon Department of Agriculture
635 Capitol St NE Ste100
Salem, Or. 97301-9896
Dan and Wanda at the Road Department
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless 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 Form is also required. If this form 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 form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
June 16, 2008
Contact Person:
Dan Sherwin
Contractor/Supplier/Consultant Name:
Department:
Road
Phone #:
322-7135
Oregon Department of Agriculture
Goods and/or Services: Vegetation Management Grant
Background & History: This is a two part grant providing funding from the Oregon
Department of Agriculture to Deschutes County for education about noxious weed
control and for growing and harvesting of native seed for revegetation work. This is a
continuation fifth year grant.
Agreement Starting Date:
2008
July 1, 2008
Annual Value or Total Payment:
$16,400.00
Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
n/a
Ending Date:
November 30,
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ® No
Departmental Contact:
Title:
Dan Sherwin
Vegetation Manager
Department Director Approval:
Phone #:
322-7135
as*- /
Signature Date
Distribution of Document: Two orginals to be signed and returned to ODA for
signature.
Official Review:
County Signature Required (check one): ❑ BOCC E Department Director (if <$25K)
6/16/2008
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
DC 2008,
)
6/16/2008
.07.
, regon Department of Agriculture
635 Capitol Street NE
Salem, OR 97301-2532
Theodore R. Kulongoski, Governor
June 10, 2008
Deschutes County
61150 SE 27th St
Bend, OR 97702
SUBJECT: GRANT AGREEMENT
USFS-State and Private Forest Health ODA 2266 IG
Enclosed, you'll find two original Grant Agreements, each agreement must be signed by your
organizations authorized representative. Both agreements must be returned in order for execution to be
completed. Also, enclosed is your 1st funds request form, you will need to send this request form with
the signed agreements in order to receive your first payment.
Read through the entire agreement carefully to ensure that the information provided is correct.
Once your agreement has been executed you will receive a copy, along with it will be your 2nd and 3rd
funds request forms, these should be sent with your interim and final reports. Payments cannot be
processed without these forms. Report deadlines are outlined in the agreement. All final reports and
payment requests are due by November 30, 2008.
Please feel free to contact us with any questions or concerns regarding this agreement.
Sincerely,
Tom Forney
Projects Coordinator
Noxious Weed Control Program
Phone: 503-986-4623
tforney@oda.state.or.us
enc.
cc: Lauren Henderson
ti J
regon
Theodore R. Kulongoski, Governor
June 10, 2008
Deschutes County
61150 SE 27th St
Bend, OR 97702
SUBJECT: GRANT AGREEMENT
USFS-State and Private Forest Health ODA 2266 IG
Department of Agriculture
635 Capitol Street NE
Salem, OR 97 ;01-2532
Enclosed, you'll find two original Grant Agreements, each agreement must be signed by your
organizations authorized representative. Both agreements must be returned in order for execution to be
completed. Also, enclosed is your 1st funds request form, you will need to send this request form with
the signed agreements in order to receive your first payment.
Read through the entire agreement carefully to ensure that the information provided is correct.
Once your agreement has been executed you will receive a copy, along with it will be your 2nd and 3rd
funds request forms, these should be sent with your interim and final reports. Payments cannot be
processed without these foluns. Report deadlines are outlined in the agreement. All final reports and
payment requests are due by November 30, 2008.
Please feel free to contact us with any questions or concerns regarding this agreement.
Sincerely, p
Tom Forney
Projects Coordinator
Noxious Weed Control Program
Phone: 503-986-4623
tforney@oda.state.or.us
enc.
cc: Lauren Henderson
Contract #: ODA 2266 IG PCA Number: 25219
GRANT AGREEMENT (Intergovernmental)
(USFS Forest Health)
BETWEEN
OREGON DEPARTMENT OF AGRICULTURE
AND
DESCHUTES COUNTY
This agreement is between the Oregon Department of Agriculture (hereafter called the
"Department") and Deschutes County (hereafter called "Grantee").
The Department has approved the Grantee request for funds to support the project entitled
"Deschutes County 3 -part Veg. Mgt," as described in the attached "Exhibit A". The Department
believes that this project has the potential to protect the environmental well being of Oregon. The
total amount of the grant shall be $16400.
Execution of this document by authorized officers constitutes the entire agreement between the
Department and Grantee. This agreement incorporates by reference an application submitted by
the recipient, attached hereto as Exhibit A.
Authority
This Agreement is executed under authority of ORS 561.680 Section 2.
Term of Agreement
This Agreement will begin upon signature of all parties and conclude on or before
November 30, 2008.
Amendments
There are no promises, terms, conditions or obligations other than those contained herein. The
conditions of this Agreement shall not be waived, altered, modified, supplemented, or amended,
in any manner whatsoever, except by written instrument signed by both parties.
Consideration
The Department shall pay Grantee a total amount not to exceed $16400 for performance of this
Agreement. This shall be the sole monetary obligation of the Department. Funds will be awarded
to the Grantee from the Department based on the following schedule:
Upon execution of this Agreement, Grantee will receive: 50% or $8200 of the agreement total.
Upon receipt and acceptance of Interim Report- On or Before - July 31, 2008, Grantee will
receive: 25% or $4100 of the agreement total. See 2a. Upon completion, receipt and acceptance of
Final Report- On or Before - November 30, 2008 see 2b , Grantee will receive: 25% or S4100 of the
agreement total.
Funds Available and Authorized
The Department certifies at the time the agreement is written that $16400 is available and
authorized for expenditure to finance costs of this Agreement with the Department's current
appropriation and limitation.
page 1 of 4
l,E ," C ;;!NcFL
Grantee Obligations:
There are certain conditions that the Grantee will be asked to comply with upon acceptance of the
grant funds. The responsibilities are summarized below:
1. Grantee agrees to complete the projects as submitted in its request for funding referenced
as Exhibit A. Requests to alter any of the proposed projects must be submitted to and approved
by the Department through an amendment process.
2. Reporting Requirements: Grantee shall provide written progress reports on the progress
of the project. Grantee shall provide the Department with one copy of each report. Reports shall
be made according to the following schedule.
a. Interim Report: On or before July 31, 2008
The Interim report must outline project activities completed to date itemized list of expenditures
of previous payment. Interim reports showing less than 50% of previous payment expended H ill
delay second payment until proper expenditures are shown.
b. Final Report: On or before November 30, 2008
The final report must be a comprehensive accounting of all project activities and accomplishments
and must include receipts and detailed record of all funds expended.
c. Verification:
All reports must be approved and signed for accuracy by an authorized representative.
3. Any papers published in professional journals must include a statement recognizing the
funding of the project by the US Forest Service and the Department.
4. On request, Grantee must provide written reports of the work performed in a form
appropriate for publication.
5. Grantee agrees to comply with all applicable federal, state, and local laws, codes,
regulations, rules and orders. This grant shall be governed by and construed in accordance with.
the laws of the State of Oregon. In addition, Grantee agrees to comply with all rules and
regulations signed between the Department and the US Forest Service as indicated in agreemert
2008 -CA -11062754-008.
6. Grantee shall defend, save and hold harmless the State of Oregon and Department, its
officers, agents, employees and members, from all claims, suits, or actions of whatsoever nature
resulting from or arising out of the activities or inaction of the Grantee or its subcontractors,
agents, or employees under agreement.
7. According to OMB Circular A-133, subrecipients that expend more than $500,000 in federal
financial assistance during a single fiscal year must have a single audit.
8. The agencies understand that each is insured with respect to tort liability by the State of
Oregon Insurance Fund, a statutory system of self-insurance established by ORS chapter 278, and
subject to Oregon Tort Claims Act (ORS 30.260 - 30.300). Each agency agrees to accept that
coverage as adequate insurance of the other party with respect to personal injury and property
damage.
Access to Records
Grantee shall maintain books, records, and accounting procedures and practices sufficient to
reflect all costs claimed to have been incurred for the performance of this agreement. The
Department, the Secretary of State of Oregon, and their duly authorized representatives, shall
have access to the books and records of Grantee which are directly pertinent to this Agreement
for the purpose of making audit, examination, excerpts, and transcripts. All records pertaining tc
this Agreement shall be kept seven years from the expiration of contract.
page 2 of 4
Nondiscrimination
Grantee agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
Noncompliance
In the event of noncompliance with the grant conditions listed herein or if the money herein
granted to Grantee is used for purposes other than that for which it has been authorized or is
otherwise misused, Grantee shall be liable to the Department for the amount of money expended
as a result of noncompliance or misuse, up to the full amount of the grant. Additionally, in the
event of misuse or noncompliance of grant funds, Grantee shall return to the Department the
grant funds that have not been expended, upon the Department's request.
Representatives
Project Manager for Grantee
Name: Dan Sherwin
Address: 61150 SE 27th St,
City, State, Zip: Bend, OR 97702
Phone: 541-322-7135
Project Manager for Oregon Department of Agriculture
Name: Tim Butler
Address: 635 Capitol St NE
City, State, Zip: Salem, OR 97301-2532
Phone: 503-986-4621
Termination
This agreement may be terminated or modified upon the occurrence of the following
circumstances:
1. This Agreement may be terminated by mutual consent of both parties.
2. If Federal Laws or State statutes are modified in such a way that the services can no longer
be provided in the same way as outlined in Exhibit A, then the scope of the work will be modified
to accommodate the revisions according to subsection titled Amendments.
3. If Department funding from federal, state, or other resources is not obtained and continued
at levels sufficient to allow for purchase of the indicated services, this Agreement may be modified
to accommodate a reduction in funds.
4. If any license or certificate required by law or regulation to be held by Grantee to provide
the services required by this Agreement is for any reason denied, revoked, or not renewed.
5. If Grantee fails to perform the work specified herein, or so fails to pursue the work as to
endanger performance of this Agreement in accordance with its terms, and after receipt of written
notice from the Department, fails to correct such failures within thirty(30) days from date of
notice, or such longer period as the Department may authorize.
Any such termination of this Agreement shall be without prejudice to any obligations or liabilities
of either party already accrued prior to such termination.
page 3 of 4
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE DEPARTMENT
AND GRANTEE. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS 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. THE GRANTEE, BY THE
SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES
THAT HE/SHE HAS READ THIS GRANT AGREEMENT, UNDERSTANDS IT AND AGREES TO
BE BOUND BY ITS PERMS AND CONDITIONS.
Department certifies that at the time this Agreement is written, sufficient funds are available and
authorized for expenditure This Agreement will begin upon signature of all parties and conclude
on November 30, 2008. The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever, except by written instrument, signed by
both parties.
Katy Coba, Director Date
Oregon Department of Agriculture
Dennis R. Luke, Chair
Deschutes County Board of Commissioners
Print Name of Authorized Representative Title
Signature of Authorized Representative Date
page 4 of 4
EXHIBIT A
Project Proposal
ODA 2266 IG
Deschutes County 3 -part Veg. Mgt,
2008 State and Private Lands Cooperative Projects
Project Proposal: Continue educational programs in Central Oregon and help fund the
Native Seed Bank.
Counties Project is Located: Central Oregon Tri -County Weed Management Area
(Crook, Deschutes and Jefferson Counties)
Name of Organization Submitting Application: Deschutes County
Project Contact/Manager: Dan Sherwin, Vegetation Manager
Phone: 541-322-7135 Fax: 541-388-2719
E-mail: dansh@co.deschutes.or.us
Address: 61150 SE 27th St, Bend, Or. 97702
Fiscal Officer: Tom Blust, Director Road Department
Phone: 541-322-7105 Fax: 541-388-2719
Address: 61150 SE 27th St, Bend, Or. 97702
Project Proposal: This request is to continue the work of the prior State and Private
Forest Health Grant from 2003 to 2008. This grant is in two parts. Part one is to provide
education and part two will provide funding for the Native Seed Bank.
Part 1: Grant funding for education will be used to educate landowners about integrated
management techniques for noxious weed control and healthy land restoration. Funding
would be used to print brochures, travel, labor and purchase other educational materials.
The Tri -County weed/vegetation educational trailer will be utilized by various agencies
throughout Central Oregon and other parts of the State. The educational trailer (Weed
Wagon) provides educational poster, brochures, DVD and TV with resource information.
The trailer is always maimed with paid and unpaid volunteers to answer questions about
weeds and vegetation issues. As an example, the Weed Wagon will be at the Deschutes
County Fair where the attendance is 235,000 people. It has been quoted that for one dollar
spent on education that it will save 33 dollars in weed treatment. Currently there are
people moving to Central Oregon from everywhere in the United State and from around
the world. These people need to be educated about noxious weeds and how they can
manage their properties and the environment. The weed wagon is a valuable tool in that
effort.
Part 2: Grant funding for the Native Seed Bank will be used to pay for native seed
production. This funding will partially pay for contractors to grow native plants and
harvest the native seed. The plants that are currently in production are bluebunch
wheatgrass, bottlebrush squirreltail, Idaho fescue, Thurber's needlegrass, Sandberg's
bluebunch, Western yarrow, blue flax and basalt milkvetch The funds will be distributed
through the Deschutes Basin Native Seed Bank which is a 501c3 non profit organization.
Treatment: This application does not request funding for treatment because we were
awarded $20,000 in the 2007 US Forest Service State and Private Forest Health Act grant
that didn't receive final approval until the season past. That work will be done this year.
Plan Budget
Part 1: Education Funding $10,000
Labor to include presentations $5,000
Travel to include transporting Weed Wagon $1,000
Supplies to include brochures and education material $4.000
$10,000
Part 2: Native Seed Bank Funding $6,400
Contract Services for growing and harvest of native seeds $6,400
Total Budget $16,400
Grant application Submitted by
Dan Sherwin
May 8, 2008