HomeMy WebLinkAboutGrant Agrmt Amend - DLCDregon
Theodore R. Kulongoski, Governor
June 11, 2008
Peter Gutowsky, Principal Planner
Deschutes County
117 N.W. Lafayette Avenue
Bend, Oregon 97701
Department of Land Conservation and Development
635 Capitol Street NE, Suite 150
Salem, Oregon 97301-2524
Phone: (503) 373-0050
First Floor/Coastal Fax: (503) 378-6033
Second Floor/Director's Office Fax: (503) 378-5518
Third Floor/Measure 37 Fax: (503) 378-5318
Web Address: http://www.oregon.gov/LCD
Re: Deschutes County TA -R-09-178 Grant Agreement Amendment 1
Dear Peter,
VIA EMAIL
The Department of Land Conservation and Development (DLCD) has amended your grant agreement
per your request of June 9, 2008.
The Grant Agreement Amendment 1 for Grant Number TA -R-09-178 indicates the changes you have
requested including changes to Special Award Conditions Table and Deschutes County Attachment A
Narrative Revision 1. Please read them carefully.
You will find grant agreement amendment 1 in a separately attached PDF file. Please print two copies.
Both originals of the amendment must be signed by Deschutes County and both originals must be
returned to my attention at the address listed on the letterhead and received in the Salem Office by
July 11, 2008. A fax will not be accepted.
Amendment 1 is not in effect until both amendment 1 agreements are signed by Deschutes
County authorized grant representative and the DLCD grant program manager, before July
11, 2008. One copy with original signatures of amendment 1 will be returned to you for your records.
Funds will be sent to you in accordance with the payment schedule in both the original grant
agreement and amendment 1. Please note that we can reimburse only eligible costs incurred after all
parties have signed and before the termination date of this agreement.
If you have any questions, please contact your grant manager, Doug White, at 541-318-8193 or
doug.whiteastate.or.us ; or myself at 503-373-0050 extensions 283 or Iarry.french@state.or.us
Yours truly,
dAlY
Larry French
Grants Administrative Specialist
Attachment
c: Doug White, DLCD Grant Manager
Darren Nichols, DLCD Community Services Manager
Oregon Department of Land Conservation and Development
FY 07-09 Grant Amendment
Amendment 1
Date
June 10, 2008
Type of Grant
Technical Assistance
Grantee Name
Deschutes County
Grant No.
TA -R-09-178
Street Address
117 NW Lafayette Avenue
Bend, Oregon 97701
DLCD Share of Cost
$90,000.00
Authority State General Fund Federal Fund
X
Grant Share of Cost
$89,138.98
Closing Date
June 30, 2009
Total Cost
$179,138.98
Project Title
High Ground Water Work Program
Grantee Representative
Peter Gutowsky, Principal Planner
Phone: 541-385-1709 Fax: 541-385-1764
petergtc co.deschutes.or.us
DLCD Representative
Doug White, DLCD Grant Manager
Phone: 541-318-8193 Fax: 541-318-8361
doug.white@state.or.us
This grant amendment is between the Department of Land Conservation and Development,
herein referred to as DLCD and Deschutes County, herein referred to as the Grantee.
The amendment is issued in duplicate. By signing the two documents, the Grantee agrees to
comply with the amendment contained herein. The Grantee shall sign both copies of this
agreement and return both signed copies to DLCD within 30 days of the date at the top of this
page. If not signed and returned without modification by the Grantee within 30 days of receipt,
the Grant Manager may unilaterally terminate this amendment. One copy of the fully executed
amendment shall be returned to the Grantee immediately.
The effective date of this amendment is the latest date on which all parties have signed this
document.
Attached to, and made part of, the grant agreement between DLCD and the Grantee is the
following amendments:
1. Deschutes County - Attachment A - Narrative Revision 1 6-09-2008 and Exhibit E
Time line submitted on 06/09/2008 and attached at the end of this amendment and;
2. The Amended Special Conditions Table on the next page with additions highlighted
in bold and underlined; and deletions in strike outs.
Department of Land Conservation and Development Page 1 of 4
Deschutes County TA -R-09-178 Amendment No. 1
AMENDED SPECIAL AWARD CONDITIONS TABLE
Item
#
Products, Activities and/or Payments
Target / Due
Date
Reimbursement
Amount
l
Activity: Strategically Synthesize Existing Data and Identify Data Gaps
— See Attachment A, Section III, Task A, of Grant Agreement for
complete description and list of general sub -tasks.
•
Product:
Two reports in detail: See Attachment A — Section IV, Payment #1,
under "Deliverables" of this Grant Agreement for list of specific
products.
03/01/2008
Thru
06/30/2008
Interim Payment: Reimbursement of up to $26;000 $15,000.00 upon
submittal of products listed in Grant Items 1 and a signed Attachment
C: DLCD Interim Reimbursement Form request acceptable to DLCD.
Submit one copy each of the written deliverables in a hard copy and a
CD to the DLCD grant manager, and one copy of each of the
P l
deliverables in a hard copy and a CD to the DLCD grant administrative
specialist to addresses listed in Attachment B — DLCD Contact
06/30/2008
$26,000
$15,000.00
Information.
Send Attachment C — Interim Reimbursement Form, and
accompanying products to the DLCD grant administrative specialist.
Payment will not be made until all copies are received in the Salem
Office.
Activity: Appointment of Steering Committee —See Attachment A —
03/8142008
Section — III, Task B, of Grant Agreement for complete description and
Thru
list of general sub -tasks.
06/30/2008
2
Product: See Grant Item #3 #6, below.
06/30/2008
Thru
08/30/2008
Activity: Obtain Outside Facilitator (Consultant). See Attachment A —
03/0142008
Section III, Task C of Grant Agreement for complete description.
Thru
06/30/2808
3
Product: See Grant Item #6, below.
•
06/30/2008
. - „.: ' . - -." - -•• - • - • • - - -
Thru
_
products:
09/30/2008
Activity: Public Outreach. See Attachment A — Section III, Task D, of
this Grant Agreement for complete description and list of general sub-
07/01/2008
4
tasks.
Thru
02/28/2009
Product: See Grant Item # 6, below.
Activity: Retain Technical Assistance from U.S. Geological Survey to
S
Apply Nitrate Loading Management Model. See Attachment A —
Section III, Task E, of this Grant Agreement for complete description
07/01/2008
Thru
and list of general sub -tasks.
02/28/2009
Product: See Grant Item # 6, below.
Department of Land Conservation and Development
Deschutes County TA -R-09-178 Amendment No. 1
Page 2 of 4
Item
#
Products, Activities and/or Payments
Target / Due
Date
Reimbursement
Amount
Activity: Initiate High Groundwater Steering Committee. See
Attachment A — Section [Il, Task F, of this Grant Agreement for
complete 'description and list of general sub -tasks.
07/01/2008
6Thru
Product: Two reports in detail: See Attachment A — Section IV,
Payment #2, under "Deliverables" of this Grant Agreement for list of
specific products.
02/28/2009
Interim Payment: Reimbursement of up to $46,000 $57,000.00 upon
submittal of products listed in Grant Items #2. #3, #4, #5 and #6,
above, and a signed Attachment C: DLCD Interim Reimbursement
Form request acceptable to DLCD.
Submit one copy each of the deliverables in a hard copy and a CD to
$46 880
P2
the grant manager, and one copy each deliverables in a hard copy and a
CD to the grant administrative specialist to addresses listed in
02/28/2009
$57,000.00
Attachment B — DLCD Contact Information.
Send Attachment C— Interim Reimbursement Form, and
accompanying products to the grant administrative specialist. Payment
will not be made until all copies are received in the Salem Office.
Activity: Prepare Policies and Regulations Reflecting High
Groundwater Recommendations. See Attachment A — Section ltt,
Tasks D and G, of this Grant Agreement for complete description and
03/01/2008
7
list of general sub -tasks.
Thru
06/30/2009
Product: See Attachment A — Section IV, Payment #3, under
"Deliverable" of this Grant Agreement for list of specific products.
Activity: Prepare a final work plan for 2009-2011 Biennium that
includes process, product description and time line for completion of
the remaining project elements, including the adoption of
8
comprehensive plan policies and land use regulations, produced by the
High Groundwater Work Program.
06/15/2009
Product: Report and Work Plan for Completing High Groundwater
Work Program during 2009-2011 Biennium.
Final Payment: Reimbursement for work completed through June 30,
•
2009, of up to $18,000.00 or the amount of the unexpended grant funds
upon submittal of: Products listed in Grant Items #7 and #8, above,
and a signed Attachment C - DLCD Final Reimbursement Form
request acceptable to DLCD.
•
Submit, no later than July 31, 2009 (30 days after the closeout): one
P3
copy each of the deliverables in a hard copy and a CD to the grant
manager, and one copy each deliverables in a hard copy and a CD to the
grant administrative specialist to addresses listed in Attachment B —
06/30/2009
$ 18,000.00
DLCD Contact Information.
Send Attachment C — Final Reimbursement Form, and the
accompanying products to the grant administrative specialist. Payment
will not be made until all copies are received in the Salem office.
TOTALS
$ 90,000.00
Department of Land Conservation and Development
Deschutes County TA -R-09-178 Amendment No. 1
Page 3 of 4
Except as expressly amended above, all other terms and conditions of original agreement
are still in full force and effect. NOTE: The grant amendment is not in effect until the
signed amended agreements are returned to the department and both original amendments
have been signed by DLCD.
Print Name of Authorized Official For the Grantee
Title
Date
Signature of Authorized Official For the Grantee
Print Name of DLCD Grant Program Manager
Darren J. Nichols
Title.
Community Services
Division Manager
Date
Signature of DLCD Grant Program Manager
Department of Land Conservation and Development Page 4 of 4
Deschutes County TA -R-09-178 Amendment No. 1
Deschutes County - Attachment A - Narrative Revision 1 June 9, 2008
DLCD Technical Assistance Grant - Detailed Work Plan
High Groundwater Work Program — Deschutes County has a long history of working
to promote groundwater and other natural resource protection in south Deschutes
County culminating most recently in a Groundwater Protection Project. A steering
committee is the primary conduit of the high groundwater work program. It will be
composed of diverse civic, local, state and federal organizations. Besides providing
recommendations, they will work with staff to engage south county residents to discuss
issues related to the development of high groundwater lots using onsite wastewater
treatment systems or sewer systems.
Estimated Work Year: 0.98 FTE Time line: 3/1/08 — 6/30/09 Amount:
$179,136.74
Staff and Schedule Assumptions:
The majority of the project tasks will be performed by Environmental Health and Long
Range Planning staff.
Task A.
Starts:
Due:
Description:
Strategically Synthesize Existing Data and Identify Data Gaps
March 1, 2008
July 1, 2008
Deschutes County needs to synthesize existing data, policies, and
regulations and identify gaps that if acquired can contribute to a more
comprehensive baseline assessment of the physical and natural conditions
of the La Pine sub -basin.
General sub -tasks:
• Work with state and federal agencies (ODFW, DSL, ODPRD, DEQ, USFS,
USFW, ACOE) and environmental non-government organizations to collect data
• Identify data gaps to develop a strategic plan for obtaining new inventories
• Coordinate data compilation with the results of the Near Stream Environment
Study conducted by USGS to help identify the riparian characteristics that may
warrant protection and/or restoration
• Coordinate with the DSL and identify areas for a Local Wetlands Inventory
Obtain Community Wildfire Protection Plans
Coordinate with ODFW for updated wildlife migration and winter range
inventories
• As funding opportunities become available, apply for grants that address data gaps
• Engage County Geographical Information System analysts to create overlay maps
and sub -area maps for the region
• Develop (best available) baseline assessment of physical and natural conditions
prior to formation of steering committee
•
•
Deschutes County High Ground Water Program Page 1
Amendment 1 Date 06-09-2008
Task B.
Starts:
Due:
Description:
Appoint Steering Committee
July 1, 2008 "-1 X08
August 30, 2008 July 1, 2008 (revised 6-09-08)
Nominate members for the Board of County Commission to appoint to a
steering committee
General sub -tasks:
• Work with community, state, and federal partners to establish a stakeholder
committee
• Coordinate with the Board of County Commissioner to appointment steering
committee members
Task C.
Starts:
Due:
Description:
Obtain Outside Facilitation
July 1, 2008 Mar 22008 (revised 6-09-08)
September 30, 2008 July*2008 (revised 6-09-08)
A critical component to the success of the steering committee is hiring
outside facilitation. Professional facilitation will be instrumental in
managing public meetings and ultimately formulating recommendations to
the Board of County Commissioners.
General sub -tasks:
• Initiate a Request for Qualification for public facilitation.
• Interview and hire facilitator
• Facilitator to conduct interviews of each steering committee member to obtain a
first-hand view of each potential group or member's expectations, concerns, and
process needs. By talking with these individuals before the steering committee
begins, their feedback and ideas can be incorporated into the convening of the
committee and maximizing the format of upcoming public meetings
• Facilitate up to 12 steering committee meetings, over a twelve month period
• Facilitate with staff meetings with broader public
• For the first steering meeting, establish a charter that establishes the principles,
functions, and organization of the committee. Topics to address at the chartering
step include: schedule, format, process for presentation of technical information,
guidelines for agenda, material distribution, and strategizing a public involvement
program
• Coordinate with Deschutes County staff to prepare meeting packets and strategize
the format of each public involvement meeting
• Assist staff in preparing a report to the Board of County Commissioners discussing
the public's recommendations and draft policies for County Comprehensive Plan.
Task D.
Starts:
Finishes:.
Description:
Public Outreach
July 1, 2008
June 30, 2009
Engage the public in upcoming steering committee meetings and future
public meetings on the high groundwater work program.
Deschutes County High Ground Water Program Page 2
Amendment 1 Date 06-09-2008
General sub -tasks:
• Build a web page for the project that contains all material related to the project
including maps, studies, reports, meeting notices, minutes, links to other sources
related to onsite systems and groundwater quality
• Provide mailings for upcoming steering committee and public meetings
• Issue press releases or other public notice as necessary
• Produce printed material for publication and distribution
• Present findings and supporting information to the public
• Hold public open houses and/or focus groups; give presentations; and provide
targeted workshops for interested property owners/neighborhoods
Task E.
Starts:
Due:
Description:
Retain Technical Assistance from U.S. Geological Survey to Apply
Nitrate Loading Management Model
March 1, 2008
February 28, 2009
As part of a previous study, the USGS developed a model capable of
simulating the fate and transport of nitrate within the ground -water
system. The model was developed using the USGS MODFLOW code
(Harbaugh and McDonald, 1996) to simulate ground -water flow and the
MT3D-MS code (Zheng) for simulation of the advection and dispersion of
nitrate: Model calibration, input parameters, boundary conditions, and
limitations are documented by Morgan et al (2005a). This model was later
enhanced by adding optimization capability to create the nitrate loading
management model (NLMM). The NLMM uses the output from the fate
and transport simulation model and specified environmental and onsite
system performance constraints to generate "nitrate reduction solutions"
for existing and future development located in 94 subareas of the La Pine
area.
The County's task will be to evaluate the cumulative impacts of
developing high groundwater lots with . onsite or sewer systems. This
analysis will provide the steering committee with a framework for
categorizing subareas based on their nitrate reduction solution, number
and characteristics of lots (developed versus vacant), neighborhood
profile, and age of existing septic systems. Ultimately, these queries
should aid the steering committee in understanding mitigation approaches
for retrofitting or replacing existing certain onsite systems with
denitrification technology if high groundwater lots are developed.
General sub -tasks:
• Use USGS Nitrate Loading Management Model to understand the water quality
impacts (Goal 6) of allowing additional development in high groundwater areas in
relation to existing and predicted groundwater quality impacts from currently
developed or developable lots platted prior to state-wide planning legislation.
• Coordinate with USGS to use the simulation model and NLMM to better define or
add new constraints to different management areas
Deschutes County High Ground Water Program Page 3
Amendment 1 Date 06-09-2008
• Perform an overlay analysis using Geographical Information Systems (GIS) to
understand specific physiographic or other characteristics of each subarea
Task F.
Starts:
Ends:
Description:
Initiate High Groundwater Steering Committee
July 15, 2008
February 28, 2009
Convene steering committee and initiate a high groundwater work
program.
General sub -tasks:
• Hold up to 10 steering committee meetings, over a seven to eight month period
• Run the Nitrate Loading Management Model to understand the implications of
developing high groundwater lots in relation to groundwater quality
• Explore the opportunity costs of rural development on high groundwater lots
• Discuss issues related to development of high groundwater lots using onsite
wastewater treatment systems or sewer facilities.
• Provide opportunities for stakeholders to discuss the implications of high
groundwater lot development
• Evaluate the implications of high groundwater development as it pertains to other
elements of the County Comprehensive Plan, including Goal 5 (Wildlife Habitat,
Wetlands, Open Space), Goal 7 (floodplains, wildland urban interface), Goal 12
(Transportation), etc
• Discuss with south county residents, using steering committee participation to
evaluate the trade-offs associated with additional nitrogen loading to the aquifer,
surface water, and development impacts to wetlands, flood plain, wildlife habitat,
transportation systems, and the wildland-urban interface
• Perform a cost -benefit analysis to understand the effects of high groundwater
development on retrofitting costs to current homeowners in order to maintain safe
drinking water standards and protect surface water quality
• Identify strategies to ensure the groundwater quality does not exceed safe drinking
water standards
• Prepare a progress report to the Planning Commission and Board of County
Commissioners discussing steering committee and stakeholder recommendations
Task G.
Start:
Due:
Description:
Prepare Policies and Regulations Reflecting High Groundwater
Recommendations
March 1, 2009
June 30, 2009
• Based on steering committee and stakeholder recommendations, draft
policies and implementation measures addressing high groundwater
development in the La Pine Sub -basin.
Deschutes County High Ground Water Program Page 4
Amendment 1 Date 06-09-2008
General sub -tasks:
• Coordinate with Legal Counsel and affected state agencies
• Draft policies and implementation measures addressing high groundwater
development in the La Pine Sub -basin.
• Draft Memorandum of Understanding with relevant agencies, if necessary
IV. Grant Payment Schedule
Deschutes County proposes the following reimbursement schedule (see also Gantt Chart
— Exhibit E):
• Payment #1
Invoice due:
Tasks:
Cost estimate:
Deliverables:
• Payment #2
Invoice due:
Tasks:
Cost estimate:
Deliverables:
• Payment #3
Invoice due:
Tasks:
Cost estimate:
Deliverables:
Work Period (March 1- June 30, 2008)
July 16, 2008
A, BrG (revised 6-09-08)
$14,642.66 $25,978.02 (revised 6-09-08)
-(revised 6-09-08)
Baseline data / Strategy for Identifying Gaps / Project Website /
Maps
Work Period (July 1, 2008 - February 28, 2009)
March 9, 2009
B, C, D, E, F (revised 6-09-08)
$56,700.98 (revised 6-09-08)
Appointment of Steering Committee / Hiring of Facilitator /-
-(revised 6-09-08)
Steering Committee Charter / Meeting Minutes / USGS Contract /
Nitrate Loading Management Model with High Groundwater
Development Scenario / Cost -benefit analysis / Goal Analyses /
Progress Reports to Planning Commission and Board
Work Period (March 1- June 30, 2009)
July13, 2009
D,G
$18,656.36
Meeting. Minutes / Steering Committee High Groundwater
Recommendations / Final Report to Planning Commission and
Board / Planning Commission & Board work sessions / Draft
policies and regulations / Draft Memorandums of Understanding,
if necessary
Deschutes County High Ground Water Program Page 5
Amendment 1 Date 06-09-2008
Exhibit E
Oregon Department of Land Conservation and Development
Technical Assistance Grant
June 6. 2008
009
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