Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Grant Malinowski, Fire Chief v
FOR: City Council Meeting of October 23, 2023
SUBJECT: Funding Agreement with Inland Empire Resource Conservation District RECOMMENDATION:
That the City Council:
1. Approve and authorize the City Manager to execute a funding agreement with the Inland Empire Resource Conservation District; and
2. Accept $100,000 in grant funding from the Regional Forest and Fire Capacity Program for the purchase of a Heavy Duty Wood Chipper; and
3. Approve budget adjustments to the Fire Department budget for the grant funding and equipment purchase.
DISCUSSION:
The Yucaipa Fire Department (YFD) services the City of Yucaipa as well as the community of Oak Glen (under contract from San Bernardino County Fire). With a modest estimated population of 57,000 residents spanning approximately 43 square miles, the Yucaipa area has seen recent major devastation from the Apple Fire, El Dorado Fire, El Dorado Mudslides and active Golden Spotted Oak Borer infestation. Along with these current and lingering major events, the potential for additional impending major disasters with high/very high fire hazard severity zones in the Wildwood Canyon Corridor and Pigsah Peak Range (northern and eastern area in Oak Glen, western area in Avenue E Canyon, and southern area in Wildwood State Park and Wildwood Canyon Corridor of Yucaipa) is substantial. The need for multiple resource management projects is imperative and staff is seeking grant funding to ensure the safety of our community.
The agreement would fund a heavy-duty wood chipper for purchase by the YFD. This chipper would enable the City to provide chipping for community projects and the ability to use the chipper for multiple hazard fuel reduction projects in the High and Very -High Fire hazard severity zones.
There are several proposed resource management projects in the planning and review process. The YFD is also working in collaboration with state parks to reduce hazardous fuels in the Wildland Urban Interface (High and Very High Fire Hazard Severity Zones) in and adjacent to the Wildwood Canyon State Park.
FISCAL IMPACT:
The recommendation will result in a Fire Fund budget adjustment to revenue of a $100,000 increase. The grant funding will be used
equipment expenditure budget of $100,000
in the adopted budget.
Attachment:
1. IERCD Funding Agreement
Approved by: `%
to purchase a chipper resulting in an increase in the
. The staffing costs to operate the chipper are included
ATTACHMENT 1
FUNDING AGREEMENT
This Funding Agreement ("Funding Agreement") is entered into by and between the Inland Empire Resource Conservation District, a California public agency ("District"), and the City of Yucaipa, a California public agency ("Recipient"). This Funding Agreement is dated 2023. The District and the Recipient are sometimes referred to individually herein as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the California Natural Resources Agency has established the Regional Forest and Fire Capacity Program ("Program") administered by the California Department of Conservation; and
WHEREAS, the Program provided Block Grant Funding to the District to increase regional capacity to prioritize, develop, and implement projects that improve forest health and fire resiliency, facilitate greenhouse gas emissions reductions, and increase carbon sequestration in forests throughout California; and
WHEREAS, the District advertised funding availability for fiscal year 2022-2023 for entities desiring Block Grant monies for projects meeting the Program's mission and goals; and WHEREAS, the Recipient submitted a proposal seeking funding for the purchase of a chipper for a Community Chipper Program and funding for staff support for this program as described in Exhibit A to this Funding Agreement, attached hereto and incorporated herein by this reference (collectively, the "Work"); and
WHEREAS, District and Recipient each desire to enter into this Funding Agreement for the reimbursement of certain costs of the Work to the Recipient by the District via the Block Grant, upon the terms and conditions set forth herein,
NOW, THEREFORE, the Parties agree as follows:
TERMS
1. Term.
1.1 Effective Date. This Funding Agreement will become effective on the date first set forth above ("Effective Date").
1.2 Term. This Funding Agreement shall be in effect commencing upon the Effective Date and shall automatically terminate December 31", 2027 unless otherwise agreed in writing by the Parties or unless earlier terminated pursuant to the terms hereof, except that the indemnification obligations herein shall survive any termination of this Funding Agreement. Initial here:
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2. Representations and Warranties.
2.1 Recipient's Warranties. Recipient represents and warrants to District that, as to the Recipient's actual current knowledge:
(a) The Recipient is a public agency or duly formed corporation authorized and qualified to do business in California;
(b) The Recipient owns and operates or otherwise has authority to access and utilize the properties upon which the Work will be completed; (c) The Recipient shall provide to the District, on or before execution of this Funding Agreement, any applicable public agency or corporate resolution or corporate bylaws authorizing those individuals signing for the Recipient to sign and bind the Recipient, as well as certificates of incumbency for those individuals signing for the Recipient, if applicable;
(d) The Recipient has taken all actions required by law to approve the execution of this Funding Agreement;
(e) The Recipient's entry into this Funding Agreement and/or the performance of the Recipient's obligations hereunder does not violate any contract, agreement, or other legal obligation of the Recipient;
(f) The Recipient's entry into this Funding Agreement and/or the performance of the Recipient's obligations hereunder does not constitute a violation of any state or federal statute or judicial decision to which the Recipient is subject; (g) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the Recipient's obligations under this Funding Agreement;
(h) The Recipient has the legal right, power and authority to enter into this Funding Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Funding Agreement have been duly authorized and no other action by Recipient is requisite to the valid and binding execution, delivery and performance of this Funding Agreement, except as otherwise expressly set forth herein.
The Parties each acknowledge that the foregoing warranties and representations are a material part of this Funding Agreement.
3. Recipient's Obligations.
3.1 Scope of Work. Funds disbursed under this agreement shall be utilized to support regional implementation of landscape -level forest health projects consistent with the California Forest Carbon Plan ("Exhibit C") and Executive Order B-52-18 (`Exhibit D"
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3.2 Work. The Recipient shall complete or cause to be completed all of the Work as stated in Exhibit A, in compliance with all applicable laws and regulations of the United States, the State of California, the District and all other public and governmental agencies having jurisdiction over any of the Work, including but not limited to all required permitting and other approvals procedures. Recipient's Work shall meet all requirements set forth in Exhibit E, including but not limited to the Greenhouse Gas Reduction and Priority Population Benefit requirements. Recipient shall comply with all terms and conditions of this Funding Agreement, including all incorporated documents.
3.3 Use of Financial Assistance. The Recipient covenants and agrees that it shall use any and all Financial Assistance, as defined herein, paid by the District to the Recipient pursuant to this Funding Agreement solely for the reimbursement of its actual costs for the Work and for no other purpose.
(a) Equipment. If the Financial Assistance is used to purchase equipment that cots five thousand dollars ($5,000) or more, each such piece of equipment is a "grant -funded equipment." The Recipient, as applicable and with concurrence with the District, must be the sole owner on title for any equipment purchased with funds that are reimbursable as a direct cost of the Work, as determined by the District. During the Work, equipment must be dedicated to the described use in the same proportion and scope as in Exhibit A, unless the District authorizes otherwise following the amendment process, also described in Exhibit A. If the Recipient determines that it no longer has need for a grant -funded equipment before the end of the equipment's useful life, the Recipient shall donate the grant -funded equipment to a public entity or nonprofit organization that will use the grant -funded -equipment for wildfire -related purposes. For the duration of the useful life of each grant -funded equipment, the Recipient shall maintain a record identifying each grant -funded equipment, the expected useful life of each item, and the ultimate disposition (disposal or donation). The requirements of this section will survive termination of this Funding Agreement. The Recipient must maintain an inventory record for each piece of non -expendable equipment purchased or built with funds provided under the terms of detailed in Exhibit A. The Recipient must submit an inventory of all equipment acquired with grant funds at the end of the Term using a template provided in Exhibit A.
3.4 Schedule of Performance. The Recipient shall diligently and in good faith pursue and perform its obligations with respect to the Work and shall complete the Work in accordance with the schedule set forth in Exhibit A. Upon the District's request, the Recipient shall inform the District of the current status of progress on the Work and shall provide the District with notice of completion of the Work.
3.5 Coordination. The Recipient shall, as required, coordinate program activities with relevant groups, including but not limited to the Forest Management Task Force Regional Prioritization Group, to ensure that the Work is consistent with the goals of the Forest Carbon Plan and Executive Order B-52-18.
3.6 Meeting Requirements.
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(a) Status Updates. Recipient shall provide quarterly status updates to District Staff on the progress of Work under the Funding Agreement. District Staff and Recipient will meet and confer on the time, place, manner (i.e., in person, conference call, video conference or other method), attendees, and agenda of the quarterly status update.
(b) Recipient shall attend any Program orientation, Forest Management Task Force Regional Prioritization Group, or other meetings as necessary.
3.7 Reporting Requirements
(a) Reporting of Employment Benefits. Within 60 days of the Funding Term, Recipient shall report the potential employment benefits of their Funding Award using the jobs co -benefits assessment methodology developed by the California Air Resources Board. Upon completion of the Work, Recipient shall report the employment outcomes of the Work completed. Employment benefits and outcome reports will be consistent with confidentiality protections and using readily available employment data, from projects that provide jobs or job training. (b) Priority Population Benefits. Recipient shall identify and track investments in and benefits to priority populations using the relevant Priority Population Benefits Criteria checklist for each deliverable of the Work. Recipient shall report the results and provide a copy of each completed checklist and supporting documentation for each deliverable of Work provided to the District.
(c) California Climate Investments Reporting and Tracking. Recipient will provide information reasonably requested by the District necessary to complete California Climate Investments Reporting and Tracking System reporting. (d) Final Report. Recipient must submit a Final Report with its final Application for Reimbursement. The Final Report shall provide sufficient detail to demonstrate that Recipient fulfilled the terms of the Funding Agreement and should be paid for completing the project. If Recipient does not submit the Final Report with the last Application for Reimbursement, then the Application for Reimbursement will be considered incomplete and returned without reimbursement pending the completion of the Final Report.
3.8 Application for Reimbursement. Recipient shall submit to the District an itemized Application for Reimbursement in a format acceptable to the District indicating the amount of Work completed since commencement of the Work and since the last reimbursement. These applications shall be supported by receipts and other evidence of costs accrued and such other documentation as the District may require. The Recipient shall certify that the Work for which reimbursement is requested has been done. The Recipient may submit applications for reimbursement monthly or quarterly. Initial here:
3.9 Accounting. Recipient shall maintain an accounting system that accurately reflects all fiscal transactions and accounting information. At all times, the Chief Financial 27761.00076\4 l 516030.2
Officer or Treasurer of the Recipient shall maintain the financial books and records of the Recipient to be established pursuant to this Funding Agreement and maintained by the Recipient separate and apart from other Recipient financial records and shall set forth all financial activity hereunder as a separate line item in the annual budget of the Recipient.
3.10 Records Retention and Inspection. Recipient shall establish an official file containing adequate documentation of all actions taken with respect to the Project. Copies of the Funding Agreement, changes, amendments, letters, email correspondence, financial records, required reports, maps, field notes and supporting documents, and all other records pertaining to the use of Financial Assistance disbursed to the Recipient hereunder shall be retained by the Recipient and available to the District and California Natural Resources Agency for examination and for purposes of performing an audit for a period of four (4) years following the final payment of funds or until completion of any action and resolution of all issues which may arise as a result of an audit, whichever is later. Recipient shall adequately protect all records, physical and electronic, from loss, damage, or destruction during the four (4) year retention period. Records shall be available to the District and to appropriate county, state or federal agencies and officials for inspection with advance notice and during the regular business hours of the Recipient, excluding federal and state government holidays. In the event of litigation or an audit relating to this Funding Agreement or funds paid to the Recipient by the District under this Funding Agreement, such records shall be retained by the Recipient until all such litigation or audit has been resolved.
3.11 Insurance.
(a) General Requirement. The Recipient shall furnish or cause to be furnished to the District duplicate originals of and appropriate endorsements to the Recipient's comprehensive general liability and automobile insurance policies (for owned and non -owned vehicles) at the minimum insurance limits set forth herein, naming the District as additional or co -insureds. The Recipient shall also furnish or cause to be furnished to the District evidence satisfactory to the District that any contractor with whom the Recipient has contracted for the performance of work on the Properties carries Workers' Compensation insurance as required by law. All policies shall be "occurrence", not "claims made" policies and shall be primary and non-contributing to any insurance that the District may elect to obtain. Such policies shall contain or be endorsed with a full waiver of subrogation clause. The policies shall be issued by a carrier admitted to do business in California, with a Best's rating of A-VII or better. Said policies shall provide that they shall not be canceled or reduced in types of coverage or amount of coverage without at least thirty (30) days prior written notice to the District. The policy amounts set forth above shall not limit or define the extent of the Recipient's indemnity liability under any provision of this Funding Agreement, or arising as a matter of law or at equity.
Initial here:
(b) Recipient that is a governmental organization may provide evidence of self-insurance to satisfy the insurance requirement. 27761.00076\41516030.2
(c) If Recipient is not a governmental organization or is unable to provide evidence of self-insurance, then it shall obtain and keep in force for the term of this Agreement the following insurance policies that cover any acts or omissions of the Recipient, its subcontractors, or its employees engaged in the provision of service specified in this Agreement.
(i) Minimum Insurance Limits. Recipient shall maintain limits no less than:
(1) Workers' Compensation Insurance in an amount of
not less than $1,000,000 in accordance with the statutory requirements of the State of California.
(2) Commercial general liability insurance in an
amount of not less than $1,000,000 per occurrence for bodily injury and property damage combined.
(3) Motor vehicle liability with limits not less than the amounts below for combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned or hire, and non -owned motor vehicle.
• 7 or fewer passengers: $1,000,000
• 8-15 passengers: $1,500,000
• 16+ passengers: $5,000,000
(d) The District, its officers, agents, and employees are included as additional insured, but only with respect to work performed for the District under this Agreement. The additional insured endorsement must accompany the certificate of insurance.
(e) Recipient shall submit proof of insurance documents referencing this Funding Agreement to the District electronically within thirty (30) days of signing this Agreement.
(f) Recipient shall notify the District in writing within five (5) business days of any cancellation, non -renewal, or material change that affects required insurance coverage.
(g) Recipient shall submit proof of new or updated policy based on insurance requirements within (30) days of policy cancellation or substantial policy change. Failure to provide proof of insurance may result in termination of this Funding Agreement.
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(h) Duration. The obligations set forth in this section shall remain in effect until the entirety of the Financial Assistance has been paid or the District's obligation to pay the same has been excused or discharged.
3.12 Publicily. Recipient agrees that it will acknowledge the support of the District and the California Natural Resources Agency whenever activities or projects funded, in whole or in part, by this Funding Agreement are publicized in any news media, brochures, articles, seminars, websites, or other type of promotional material. In any public resulting from work performed under this Funding Agreement, Recipient shall include an acknowledgment substantially similar as follows: "The work upon which this publication is based was funded in whole or in part through an award funded by the California Natural Resources Agency, and supported by the Inland Empire Resource Conservation District."
(a) Media. Recipient is required to identify a point of contact for all press inquiries and communications needs related to the Project and provide the name, phone number, and email address of this individual to the District. All press releases must be approved by the District prior to distribution, and the District must be alerted and invited to participate in all press conferences related to the Work. (b) Social Media. Recipient is encouraged to use social media to inform and share with the public activities under this Funding Agreement. The District and California Natural Resources Agency shall be tagged on all social media posts related to activities under this Funding Agreement.
4. District's Oblitzations.
4.1 Reimbursement, The District agrees to pay to the Recipient a sum, not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000), subject to the terms and conditions of this Funding Agreement, for the sole purpose of reimbursing Recipient's actual, reasonable costs for the Work ("Financial Assistance"). The Financial Assistance shall not be considered the Recipient's sole source of funding for the Work. Requests for reimbursement may be submitted either monthly or quarterly accompanied by a progress report. Reimbursements must be submitted with detailed tracking of staff hours, a mileage log, and a materials list accompanied by receipts for every purchase. Notwithstanding anything in this Funding Agreement, the District's obligations to pay the Financial Assistance to the Recipient are expressly contingent upon District's receipt of a timely application for reimbursement on a form acceptable to the District and all evidence of costs accrued and other documentation as the District may require.
4.2 Disbursement of Financial Assistance. The District agrees to disburse the portion of the Financial Assistance attributable to a portion of the Work for which (1) an application for reimbursement has been submitted, and (2) Recipient has submitted paid invoices or receipts for the Work as provided in Section 3. Disbursement shall be made within thirty (30) days of receipt of an acceptable application for reimbursement. The collective amount of reimbursements shall not exceed the total Financial Assistance award.
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4.3 Monitoring and Evaluation. The District will monitor and evaluate the Recipient in the performance of this Funding Agreement. Authorized representatives of the District shall have the right of access to all activities and facilities operated by the Recipient under this Funding Agreement. Facilities include all files, records, and other documents related to the performance of this Funding Agreement. Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on -going program functions. The Recipient shall ensure the cooperation of its staff and board members in such efforts. The District may conduct progress reviews.
These reviews will focus on the extent to which planned Work has been implemented and measurable goals achieved, the effectiveness of the Recipient's management, and impact of the Work.
5. General Terms and Conditions
5.1 Approval. This Funding Agreement is of no force or effect until signed by both parties. Recipient may not commence performance until such approval has been obtained.
5.2 Amendment. The Recipient and the District agree to consider reasonable requests for amendments to this Funding Agreement which may be made by any of the Parties hereto, including any reasonable requests made by a source of additional funding for the Work. Any amendments to the Funding Agreement must be in writing and signed by the appropriate authorities of both the District and the Recipient. The District Manager is authorized on behalf of the District to approve and execute minor amendments to this Funding Agreement with the concurrence of District General Counsel, including, but not limited to, the granting of extensions of time to the Recipient.
No oral understanding or change not incorporated in this Funding Agreement is binding on any of the parties.
5.3 Prohibition Against Transfer or Assignment. The Recipient may not transfer, assign, convey, encumber, or hypothecate any of its rights or obligations under this Funding Agreement, without the express written consent of the District, which may be given, withheld or conditioned in the District's sole, absolute and subjective discretion. Without limiting the generality of the foregoing, the Recipient may not assign any right it may have pursuant to this Funding Agreement, including, without limitation, the right to receive the Financial Assistance Payments, as security for Recipient's performance of any monetary or non -monetary obligation to any third party or otherwise.
5.4 Audit.
(a) Work under this Agreement is subject to audit by the State of California for up to four years following the termination of the Funding agreement.
Recipient agrees that the District, California Natural Resources Agency, Department al Finance, Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Funding Agreement. The audit may consist of examining and auditing pertinent books, documents, papers, and records including financial transactions 27761.00076\41516030.2
and supporting documents, general accounting systems, internal controls, management practices, policies, and procedures pertaining to the performance of this Funding Agreement.
(b) At any time, the District, California Natural Resources Agency, Department of Finance, Bureau of State Audits, or their designated representative may request to review Recipients' records to ensure proper grant management. Recipient shall be given advance notice when the Work under this Funding Agreement is selected for an audit or review by Agency, Department of Finance, Bureau of State Audits, or their designated representative. Recipient agrees to allow the auditor(s) access to such records during normal business hours, excluding State of California holidays, and to allow interviews of any employees who might reasonably have information related to such records. Further, Recipient agrees to include a similar right of the District and California Natural Resources Agency to audit records and interview staff in any subcontract related to performance of this Funding Agreement in accordance with Government Code section 8546.7. Recipient shall comply with the above and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in Public Contract Code section 10115.10.
(c) Audit Exceptions by State and Federal Agencies. Recipient agrees that in the event the Work performed hereunder is subject to audit exceptions, it shall be responsible for complying with such exceptions and reimbursing the District the full amount of District's liability resulting from such audit exceptions.
5.5 Indemnification. Recipient agrees to indemnify, defend, and hold the District, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement and the Work. This section shall survive the termination or expiration of this Funding Agreement.
5.6 Independent Contractor. Both Parties in the performance of this Funding Agreement will be acting in an independent capacity and not as agents, employees, partners, joint ventures, subcontractors, or associates of one another. The employees or agents of one Party shall not be deemed or construed to be the agents or employees of the other Party for any purpose whatsoever, including workers' compensation liability.
Recipient shall bear the sole responsibility and liability for: 1) all wages, salaries, and other amounts due such personnel in connection with their performance of this Funding Agreement; 2) all reports and obligations respecting such personnel including, but not limited to, social security taxes, income tax, withholding, unemployment insurance, and workers' compensation insurance; and 3) furnishing workers' compensation benefits to any person for injuries arising from or connected with services performed on behalf of the Recipient pursuant to this Funding Agreement.
(a) Subcontractors. The District's contractual relationship is with the Recipient, and not any of its subcontractors. Recipient is entitled to make use of its own staff and subcontractors, and will comply with its own competitive bidding and sole sourcing requirements for subcontracts that raise out of or in connection with this 2776 l .00076\41516030.2
Funding Agreement. Recipient shall manage, monitor, and accept responsibility for the performance of its own staff and subcontractors, and will conduct Project activities and services consistent with professional standards for the industry and type of work being performed under this Funding Agreement. Nothing contained in this Funding Agreement or otherwise , shall create any contractual relationship between the District and any subcontractors, and no subcontract shall relieve Recipient of its responsibilities and obligations hereunder. Recipient agrees to be fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of subcontractors as it is for the acts and omissions of persons directly employed by the Recipient. The Recipients obligation to pay its subcontractors is an independent obligation from the District's obligation to make payments to the Recipient. As a result, the District shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
5.7 Non Discrimination Clause. During the performance of this Funding Agreement, Recipient and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, color, ancestry, national origin, religion, creed, age (over 40), mental disability, physical disability, sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military and veteran status. Recipient and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Recipient and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Funding Agreement by reference and made a part hereof as if set forth in full. Recipient and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Funding Agreement. Initial here:
5.8 Prevailing Wages. Recipient is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (collectively, "Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Work qualifies as a "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Recipient agrees to fully comply with such Prevailing Wage Laws. Recipient shall defend, indemnify and hold the District, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Recipient and all of its contractors and subcontractors to comply with all applicable California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor 27761.00076\41516030.2
Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). Initial here:
5.9 Timeliness. Time of the essence in this Funding Agreement. The District and Recipient will work collaboratively to ensure this Funding Agreement is administered in a timely fashion.
5.10 Unenforceable Provisions. If any provision of this Funding Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Funding Agreement have force and effect and shall not be affected thereby.
5.11 Stop Work. If it is determined, at the sole discretion of District, that the Recipient is not meeting the terms and conditions of this Funding Agreement, Recipient shall cease all work under this Funding Agreement immediately upon receiving a written notice through certified mail from the District to stop work. The District has the sole discretion to determine that Recipient meets the terms and conditions after a stop work order, and to send through certified mail a written notice to Recipient to resume work under this Funding Agreement.
5.12 Termination
(a) Termination For Cause. In addition to all other rights and remedies granted to the Parties under this Funding Agreement or available to them in equity or at law, either Party may terminate this Funding Agreement and all of its obligations hereunder without cost or liability upon an Event of Default as provided below.
(i) Event of Default. Each of the following shall constitute an "Event of Default":
(1) The failure of Recipient to pay or perform any
monetary covenant or obligation hereunder or any of the documents executed in connection herewith, without curing such failure within sixty (60) calendar days after receipt of written notice of such default from the District (or from any party authorized by the District to deliver such notice as identified by the District in writing to Recipient). (2) The failure of Recipient or subcontractor to perform any nonmonetary covenant or obligation hereunder or any of the documents executed in connection herewith, without curing such failure within sixty (60) calendar days after receipt of written notice of such default from the Recipient or the District (or from any party authorized by the District to deliver such notice as identified by the District in writing) specifying the nature of the event or deficiency giving rise to the default and the action required to cure such deficiency; provided, however, that if any default with respect to a nonmonetary obligation is such that it cannot be cured within a sixty (60)-day period, it shall be deemed cured if such Recipient or subcontractor commences the cure within said sixty (60)-day period and diligently prosecutes such cure to completion thereafter.
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(ii) Notwithstanding anything herein to the contrary, the herein described notice requirements and cure periods shall not apply to any Event of Default described in the following sentence. Voluntary cessation of the operation of the Work for a continuous period of more than thirty (30) calendar days or the involuntary cessation of the operation of the Work in accordance with the Funding Agreement for a continuous period of more than sixty (60) calendar days, unless such cessation is approved, in writing, by the District.
(iii) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties under this Agreement are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
(b) Termination For Convenience. In addition to its rights based on Termination for Cause, either Party may terminate this Funding Agreement upon sixty (60) days' notice to the other Party that termination of this Funding Agreement is in its best interests. Notwithstanding the foregoing, upon receipt of notice that the District intends to exercise its right to terminate this Funding Agreement for convenience, the Recipient shall be entitled to reimbursement of actual, reasonable costs relating to the Work that have been incurred by the Recipient as of the effective date of termination upon submission of all documentation required by the District for such reimbursement.
In the event Recipient notifies the District that it intends to exercise its right to terminate this Funding Agreement, Recipient shall not thereafter be entitled to any additional reimbursement of costs relating to the Work, other than such amounts as have already been disbursed to the Recipient upon receipt by the District of all required documentation. The Recipient's obligations to retain records and the District's right to inspect such records shall survive termination for convenience by either Party. (c) Termination at Completion. This Funding Agreement shall terminate upon completion of the project and payment of the last disbursement.
5.13 Notices. All notices or other communications required or permitted hereunder shall be in writing, and may be personally delivered or sent by United States registered or certified mail, postage prepaid, return receipt requested, addressed to Parties at the addresses provided below, subject to the right of either Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the second business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail shall be deemed given upon receipt of the same by the Party to whom the notice is given.
DISTRICT: Inland Empire Resource Conservation District
25864-K Business Center Drive
27761.00076\4 l 516030.2
Redlands, CA 92374
Attn: Mandy Parkes, District Manager
RECIPIENT: City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Attn: Grant Malinowski, Fire Chief
5.14 Personal Liability. No board member, official, contractor, consultant, attorney or employee of the District shall be personally liable to the Recipient, any voluntary or involuntary successors or assignees, or any lender or other Party holding an interest in this Funding Agreement in the event of any default or breach by the District, or for any amount which may become due to the Recipient or to its successors or assignees, or on any obligations arising under this Funding Agreement. No board member, official, contractor, consultant, attorney or employee of the Recipient shall be personally liable to the District, any voluntary or involuntary successors or assignees, or any lender or other Party holding an interest in the Properties in the event of any default or breach by the Recipient, or for any amount which may become due to the District or to its successors or assignees, or on any obligations arising under this Funding Agreement.
5.15 Dispute Resolution. In the event of a dispute, the Recipient shall first attempt to resolve the dispute with the District Manager. Both parties shall deal in good faith and attempt to resolve the dispute informally. If the Recipient contests a decision made by the District Manager, Recipient may submit a written "Notice of Dispute" on official letterhead, which shall include, (1) a complete description of the basis for the dispute; (2) legal authority and pertinent facts, supporting argument and documentation; and (3) action requested for resolution. Within 30 days after receipt of the "Notice of Dispute," the District Manager shall review the dispute and submit a written decision to the Recipient, which shall include; (1) the decision made; (2) an explanation for the decision; and (3) whether the decision shall be conclusive and binding or can be appealed and the steps to take to appeal the decision. Recipient shall continue to meet its responsibilities and obligations under the terms of this Fund Agreement during a dispute.
5.16 Costs. In the event of the bringing of an action or suit by a Party hereto against another Party hereunder by reason of any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other Party arising out of this Funding Agreement or any other dispute between the Parties concerning this Funding Agreement, then, in that event, the prevailing Party in such action or dispute, whether by final judgment or out of court settlement shall be entitled to have and recover of and from the other Party all costs and expenses of suit or claim, including actual attorneys ' fees.
5.17 Jurisdiction. Any legal action or proceeding concerning this Funding Agreement shall be filed and prosecuted in the appropriate California state court in the County of San Bernardino, California. Each Party hereto irrevocably consents to the personal jurisdiction of the court. The District and the Recipient each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for 27761.00076\41516030.2
the filing, removal, or change of venue to any other court or jurisdiction, including, without limitation, federal district court, due to any diversity of citizenship between the District and the Recipient, due to the fact that either the City or the District is a party to such action or proceeding, or due to the fact that a federal question or federal right is involved or alleged.
Without limiting the generality of the foregoing, the Recipient specifically waives any rights provided to it pursuant to California Code of Civil Procedure Section 394. The Recipient acknowledges that the provisions of this Section are material consideration to the District for its entry into this Funding Agreement, in that the District will avoid the potential cost, expense, and inconvenience of litigating in a distant forum.
5.18 Interpretation. The District and the Recipient acknowledge that this Funding Agreement is the product of mutual arms -length negotiation and drafting and that each Party has been represented by legal counsel in the negotiation and drafting of this Funding Agreement. Accordingly, any rule of construction which provides that ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Funding Agreement. In any action or proceeding to interpret or enforce this Funding Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Funding Agreement to determine and give effect to the intention of the Parties.
5.19 Counterparts. This Funding Agreement may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. This Funding Agreement and its Exhibits represent the entire understanding of the Parties and supersedes all negotiations, letters of intent or previous agreements between the Parties with respect to all or any part of the subject matter hereof.
5.20 Waiver of Rights.
(a) Recipient waives any and all rights to any type of express or implied indemnity or right of contribution from the District, its officers, agents, or employees for any liability arising from, growing out of, or in any way connected with this Funding Agreement.
(b) Recipient waives all claims and recourses against the District, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Funding Agreement (c) The District's failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
5.21 No Third Party Beneficiaries. The performance of the District's and the Recipient's respective obligations under this Funding Agreement are not intended to benefit any party other than the District or the Recipient, except as expressly provided 27761.00076\41516030.2
otherwise herein. No person or entity not a signatory to this Funding Agreement shall have any rights or causes of action against any Party to this Funding Agreement as a result of that Parry's performance or non-performance under this Funding Agreement, except as expressly provided otherwise herein.
5.22 Drug -Free Workplace Certification. In signing this Funding Agreement, Recipient certifies that it will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. (b) Establish a Drug -Free Awareness Program to inform employees about: (1) the dangers of drug abuse in the workplace, (2) the organization's policy of maintaining a drug -free workplace, (3) any available counseling, rehabilitation, and employee assistance programs, (4) penalties that may be imposed upon employees for drug abuse violations.
(c) Every employee who works on this Funding Agreement will, (1) receive a copy of the company's drug -free workplace policy statement, (2) agree to abide by the terms of the company's statement as a condition of employment on this Funding Agreement.
(d) Failure to comply with these requirements may result in suspension of payments under this Funding Agreement or termination of this Funding Agreement or both, and Recipient may be ineligible for award of any future State of California agreements if Agency determines that any of the following has occurred:
Recipient has made false certification, or violated the certification by failing to carry out the requirements as noted above (Gov. Code §8350 et seq.).
5.23 Americans with Disabilities Act. Recipient assures the District that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).
5.24 Air/Water Pollution Violation Certification. Under State of California laws, Recipient shall not be: (1) in violation of any order or resolution not subject to review promulgated by the California Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
5.25 Tax Effects. The Recipient acknowledges that the benefits to be received by Recipient hereunder may be taxable or have tax consequences pursuant to one or more provisions of the United States Internal Revenue Code or California Revenue and Taxation Code. The Recipient acknowledges that the District has not made any representation to 27761.00076\41516030.2
the Recipient concerning the effect (if any) of such consequences and the Recipient acknowledges that it has retained independent tax advice from advisors of its own choosing. The Recipient shall be responsible for all tax consequences resulting from Recipient's entry into this Funding Agreement or from any benefits which Recipient may receive pursuant to the provisions hereof.
5.26 Limitation of Liability. The Recipient agrees that in no event will the District become liable to the Recipient under this Funding Agreement for any damages including but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the District, its employees or sub -consultants.
5.27 Successors in Interest. All of the terms, covenants and conditions of this Funding Agreement shall be binding on and shall inure to the benefit of the Recipient and its permitted nominees, successors and assigns. Wherever the term "Recipient" is used herein, such term shall include any permitted nominee, assignee or successor of the Recipient. The qualifications and identity of the Recipient are of particular concern to the District, and it is because of such qualifications and identity that the District has entered into this Funding Agreement with the Recipient. No voluntary or involuntary successor - in -interest of the Recipient shall acquire any rights or powers under this Funding Agreement except as expressly set forth herein. The Recipient may not assign or transfer all or any part of its rights or obligations under this Funding Agreement without the prior written approval of the District, which may be given or withheld in the District's sole discretion.
5.28 Disclosure of Project Information. The Recipient agrees to the terms of the Photo and Information Waiver (Exhibit B) and will allow the District to release photos and project information on any media platform including, but not limited to, social media, website, or printed publications. Initial here:
5.29 Compliance with Laws. The Recipient hereby a certifies that it has complied with and will continue to comply with all applicable federal, state, and local laws, ordinances, regulations, policies, guidelines, permits and requirements as they relate to acceptance and use of Financial Assistance for the Work. Recipient shall ensure than any applicable requirements of the California Environmental Quality Act are met in order to carry out the terms of this Funding Agreement.
5.30 Entire Agreement. This Funding Agreement constitutes the entire agreement between Parties. This Funding Agreement supersedes all prior negotiation, discussions and agreements between Parties concerning the subject matters covered herein.
The Parties intend this Funding Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms.
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[Signatures on following pages]
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SIGNATURE PAGE
to
FUNDING AGREEMENT
District
INLAND EMPIRE RESOURCE CONSERVATION DISTRICT
Rick Gomez, Board President
ATTEST:
Board Secretary
Recipient
CITY OF YUCAIPA
an
Chris Mann, City Manager
ATTEST:
Ana Sauseda, City Clerk
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EXHIBIT "A"
to
FUNDING AGREEMENT
Description and Timeline of Work
[ATTACHED BEHIND THIS COVER PAGE]
2 7761.00076\41516030.2
Scope of Work
Purpose- The proposed project would be to fund a heavy-duty chipper for purchase by the City of Yucaipa Fire Department. This chipper would enable us to provide chipping at community projects such as proposed City of Yucaipa and Community of Oak Glen curbside chipping program and the ability to provide a chipper for multiple hazard fuel reduction projects in the High and Very -High Fire hazard severity zones. We currently have several projects we are working on including a collaboration with State Parks to reduce hazardous fuels in the Wildland Urban Interface (High and Very High Fire Hazard Severity Zones).
Need- The Yucaipa Fire Department services the City of Yucaipa as well as the Community of Oak Glen (under contract from San Bernardino County Fire). With a modest estimated population of 57,000 residents spanning approximately 43 square miles the Yucaipa area has seen recent major devastation from the Apple Fire, El Dorado Fire, El Dorado Mudslides and active Golden Spotted Oak Borer infestation. Dealing with these current and lingering major events, we still have the potential for additional impending major disasters with unburnt fuels located in the high/very high fire hazard severity zones in the Wildwood Canyon Corridor and Pigsah Peak Range (Northern and Eastern area in Oak Glen, Western Area in Avenue E Canyon and Southern area in Wildwood State Park and Wildwood Canyon Corridor of Yucaipa). We are in desperate need of multiple resource management projects and seeking grant funding to ensure the safety of our community.
27761.00076\4151603 0.2
Project Description- The funded equipment (chipper) would be utilized for- 0 Curbside Chipping Program- The City of Yucaipa and Community of Oak Glen would be divided into 12 zones and monthly a zone would be provided curbside chipping. This would be a continuous program with no anticipated end date. • Hazard Fuel Reduction Projects- The chipper would be utilized for hazard fuel reduction purposes in the identified critical areas, it is anticipated to complete one major hazard fuel reduction project annually at a minimum.
• Community Chipping events- Due to the El Dorado and Apple burn scars there is heavy loading of dead and down in northbench Yucaipa and Oak Glen. We would continue to host community chipping days as needed for post -storm events, the most recent event was September 9t1i, 2023.
Deliverables-
0 Curbside chipping program operational within 90 days of receiving chipper. 0 Usage on hazard fuel reduction project within 180 days of receiving chipper. • Project logs, would capture-
o Project Name
o Project Location
o Project Description
o Geographic area served including APN as appropriate
o Resident name and address if appropriate
o Acreage and/or hours of fuel treatment
o Tracking of equipment hours and maintenance
27761.00076\41516030.2
• Project work will continue though the lifetime of the agreement which will terminate on December 31", 2027.
Reporting — The City of Yucaipa will report to the IERCD on a biannual basis on January 1 st and July 1 st of each year for the Regional Forest and Fire Capacity Grant duration September 2023 — December 2027. Reports will include total number of properties served, acreage, equipment hours, and a narrative of the project with photos that demonstrate the success of the program.
Budget- 100% of requested budget would be utilized for equipment purchase (Wood Chipper).
The current informal estimates are approximately $100,000. The City of Yucaipa (Fire Department) would be responsible for any additional costs incurred with the equipment after receipt including usage, maintenance, repairs, fuel and insurance. The Yucaipa Fire Department would track all ongoing costs as part of the project logs. 27761.00076\41516030.2
EXHIBIT "B"
to
FUNDING AGREEMENT
Photo and Information Release Form
[ATTACHED BEHIND THIS COVER PAGE]
27761.00076\41516030.2
THE INLAND EMPIRE RESOURCE CONSERVATION
DISTRICT PHOTO RELEASE FORM
I hereby grant the Inland Empire Resource Conservation District permission to use me and my organization's likeness in a photograph, video, or other digital media ("photo") in any and all of its publications, including web -based publications, without payment or other consideration.
I understand and agree that all photos will become the property of the Inland Empire Resource Conservation District and will not be returned.
I hereby irrevocably authorize the Inland Empire Resource Conservation District to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge the Inland Empire Resource Conservation District from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
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EXHIBIT "C"
to
FUNDING AGREEMENT
California Forest Carbon Plan
[ATTACHED BEHIND THIS COVER PAGE]
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EXHIBIT "D"
to
FUNDING AGREEMENT
Executive Order B-52-18
[ATTACHED BEHIND THIS COVER PAGE]
27761.00076\41516030.2
itXmitiuu BrPartntritt
Ittite itf TZItiforttid
EXECUTIVE ORDER B-52-18
WHEREAS California's 33 million acres of forestland and 1,256 square miles of urban forest canopy capture and clean our water supply, provide rich biodiversity, support local economies, provide recreational and educational opportunities, and serve as spiritual and cultural centers for indigenous and local communities across the state; and
WHEREAS forested lands are the largest land -based carbon sink in California with trees and shrubs drawing carbon from the atmosphere and storing it in their cellulosic structure and in forest soils; and WHEREAS consistent with California's greenhouse gas emissions goals the state's forests should be maintained as a net sink rather than a source of greenhouse gas and black carbon emissions; and
WHEREAS long-term human intervention, including the practice of excluding fire in fire -dependent ecosystems, has resulted in a deterioration of forest health statewide and, in some cases, loss of forest cover; and WHEREAS these conditions, coupled with drought and the stressors associated with a warming climate, have dramatically increased the size and intensity of wildfires, exposed millions of urban and rural residents to unhealthy air, and led to more than 129 million dead and dying trees since 2010, primarily in the Sierra Nevada; and
WHEREAS recent wildfires have been the largest, deadliest, most destructive and costliest in state history; and
WHEREAS water supply for the State Water Project and other municipal and agricultural systems has been impacted by increased sediment and accelerated snow melt caused by wildfire and tree mortality; and WHEREAS the current pace and scale of prescribed fire, fuel reduction, and thinning of overly dense forests average approximately 250,000 acres per year and are far below levels needed to restore and maintain forest health; and WHEREAS the diversity of California's forests and tree species and unique climates require regionalized strategies to identify the areas that pose the greatest threat to forest health and offer the best solutions; and WHEREAS there is a need to incentivize innovation in the California forest product and building industries in order to improve the ecological and economic sustainability of California forests; and
WHEREAS the Forest Carbon Plan has been developed by state agencies to provide consensus forest practices that will achieve resilient forests that can withstand and adapt to wildfire, drought and a changing climate, safeguard the state's water supply, and ensure the state's forests operate as a carbon sink.
NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, do hereby issue the following orders to become effective immediately:
Improving Forest Management and Restoration
1. The Department of Forestry and Fire Protection shall work with all relevant federal, state and local agencies, California Native American tribes, and other affected parties to implement the forest practices called for in the Forest Carbon Plan.
2. The Natural Resources Agency shall take all necessary steps to double the total statewide rate of forest treatments within 5 years to at least 500,000 acres per year. To accomplish this goal the Agency will work with the Department of Forestry and Fire Protection, the Department of Parks and Recreation, the Department of Fish and Wildlife, the State Water Resources Control Board, State Conservancies, and all other relevant agencies.
3. The Department of Forestry and Fire Protection shall increase new landowner agreements and memoranda of understanding, such as Good Neighbor .Authority agreements, to accelerate forest restoration thinning and prescribed fire projects across jurisdictions, and shall integrate fire prevention activities into landscape forest restoration efforts in and near Wildland Urban Interface areas.
4. The Department of Fish and Wildlife shall integrate the goals of this Executive Order in its restoration programs, mitigation -related land conservation, and conservation planning.
Providing Regulatory Relief
5. The Natural Resources Agency, the Department of Forestry and Fire Protection, the State and Regional Water Boards, the Department of Fish and Wildlife, and the California State Air Resources Board shall reduce barriers to entry for forest health and fuels reduction projects, including working with the California Coastal Commission to facilitate permitting in the coastal zone, reducing liability exposure for landowners, and providing financial and permitting assistance for landowners of under 5,000 acres.
6. The Natural Resources Agency, the Board of Forestry and Fire Protection, the Department of Forestry and Fire Protection, the Department of Fish and Wildlife, State and Regional Water Boards, and the Department of Conservation shall have in operation by October 1, 2018 a new online timber harvest permitting system, and shall synchronize and expedite the regulatory review of permits under the Forest Practice Act and related timber harvest permitting processes.
7. All relevant state agencies shall make cultural and biological resources data readily accessible online to accelerate the implementation and environmental review of fuels reduction projects.
Reducing Barriers for Prescribed Fire
8. The California Air Resources Board with assistance from local air districts and the Department of Forestry and Fire Protection shall increase the opportunities for prescribed fire projects through coordinating staff and equipment availability, accelerate prescribed fire projects that are permit -ready, identify weather conditions suitable for prescribed fire, and institute a real-time air quality and smoke monitoring program for prescribed and wildland fires.
9. The Department of Forestry and Fire Protection and the California Air Resources Board shall develop a publicly available online clearinghouse for permitting of prescribed fire projects on all non-federal lands, which shall include an automated system for prescribed fire project permit submission and approval Boosting Education and Outreach to Landowners
10. The Department of Forestry and Fire Protection shall provide educational programs and outreach to private landowners and other interested parties on forest restoration, fuels reduction project development, and permitting
11. The Department of Forestry and Fire Protection shall develop a training program to educate and certify government, tribal, academic, and non - government organization staff to increase the number of qualified individuals available to implement prescribed fire projects.
12. The Labor and Workforce Development Agency shall work with relevant state agencies and local workforce development boards to develop pilot training programs in forest thinning and biomass processing in areas where there is inadequate labor capacity to support such activities.
Supporting Wood Products Innovation
13. The Office of the State Fire Marshal, the Department of Housing and Community Development, the Division of the State Architect, the California Building Standards Commission, and the Office of Statewide Health Planning and Development shall review the approved Tall Wood Building Proposal of the International Code Council's Ad Hoc Committee. on Tall Wood Buildings and shall consider proposing its adoption into the California Building Standards Code in the subsequent intervening code cycle.
14. The Department of General Services, in collaboration with other state agencies, shall identify at least three building projects in which to utilize manufactured wood products as both structural and aesthetic components.
15. The Board of Forestry and Fire Protection, working with the University of California and California State University, shall establish a Joint Institute for Wood Products Innovation to perform wood products research, development, and testing; and shall accelerate research, development and adoption of advanced forest management and wood products manufacturing.
16. The California Public Utilities Commission is requested to review and update its procurement programs for small bioenergy renewable generators to ensure long-term programmatic certainty for investor -owned utilities and project developers, as well as benefits to ratepayers.
IT IS FURTHER ORDERED that agencies under my direct executive authority cooperate in the implementation of this Order, and it is requested that entities of State government not under my direct executive authority assist in its implementation as necessary.
This Executive Order is riot intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 10th day
of May 2018.
EDMUND G. BROWN JR.
Governor of California
ATTEST:
ALEX PAD I LLA
Secretary of State
EXHIBIT "E"
to
FUNDING AGREEMENT
Regional Forest and Fire Capacity Program Requirements
[ATTACHED BEHIND THIS COVER PAGE]
27761.00076\41516030.2
2022 REGIONAL FOREST AND FIRE CAPACITY PROGRAM
FINAL GRANT GUIDELINES
STATE OF CALIFORNIA
Department of Conservation
Cah(omm
Department of
DConservation
For additional information, please contact:
Department of Conservation
http://conservation.ca.gov/
Table of Contents
At -A -Glance: Regional Forest and Fire Capacity Program Critical Dates
Program Contacts
Section l: Introduction and Program Summary
Overview
Prior Rounds of Funding
California Wildfire and Forest Resilience Task Force and Action Plan Regional Framework
Program Funding
Confidentiality and Publicity
Section 2: Scope of Work
Program Goals and Objectives
Regional Block Grantee Essential Program Activities
Regional Priority Planning
Project Development
Building and Sustaining Capacity
Outreach and Engagement
Regional and Statewide Coordination
Statewide Block Grantee Essential Program Activities
Grant Administration and Reporting
Administrative Activities
Invoicing
Reportina
Distribution of Block Grant Funds to Third Parties
Environmental Compliance
Section 3: Grant Awards
Selection of Block Grantees
Statewide and Regional Entities
Workplan Development
Section 4: Grant Agreement and Administration
Overview of Grant Execution
Performance Period and Grant Term
I
M
01 1
1 1
2 2
3 4
4 5
6 7
8 8
8 9
9 C
9 9
9 10
10 10
10 12
12 12
Funding and Accounting
12 Payment of Grant Funds
12 Accounting of Grant Funds
12 Section 5: Eligible Costs
13 Eligible Costs
13 Staff Costs
13 Administrative Costs
13 Travel Costs
13 Project Development Costs
14 Demonstration Project Implementation Costs (if applicable) 14 Capacity Building, Outreach, Engagement, and Training 14 Equipment and Vehicles
14 Ineligible Costs
15 Auditing of Fund Expenditures
15 Purchasing
15 Loss of Funding
16 Section 6: Definitions and Reference Material
17 Definitions
17 Reference Material
Appendix A: Regions Map
20 19
At -A -Glance: Regional Forest and Fire Capacity Program The Regional Forest and Fire Capacity (RFFC) Program is designed to support the development and implementation of regional priority plans to improve forest health and fire resiliency consistent with the recommendations of the Wildfire and Forest Resilience Action Plan. This program is administered by the Department of Conservation.
Critical Dates
Draft Guidelines released May 23, 2022
Comments due June 23, 2022
Final Guidelines released July 22, 2022
Program Contacts
Department of Conservation
[email protected]
[email protected]
RFFC Program Guidelines: July 2022 pg. 0
Section 1: Introduction and Program Summary
Public Resources Code section 4208.1 establishes the Regional Forest and Fire Capacity (RFFC) Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and wildfire resilience. The Department will provide block grants to regional entities (Regional Block Grantees) and to eligible coordinating organizations (Statewide Block Grantees) to support the statewide implementation of the program.
To accomplish the RFFC Program's objectives, block grants will be utilized by recipients to support the growth, sustainability, and effectiveness of collaborative networks of stakeholders, agencies, and organizations working to improve natural resource conditions and the socio-ecological resilience of communities, and to elevate, integrate, and expand wildfire and forest resilience work within four major geographic regions identified by the California Wildfire and Forest Resilience Task Force (Task Force).
Through the program, Regional Block Grantees serve as backbone organizations and constituent partners, supporting and coordinating the efforts of the regional partnerships, building and sustaining the capacity of their partners and the network as a whole, and enhancing the region's capacity to identify, develop, and implement wildfire and forest resilience projects consistent with the California Wildfire and Forest Resilience Action Plan, Agreement for Shared Stewardship of California's Forests and Rangelands, the California Forest Carbon Plan, and Executive Order B-52-18.
Prior Rounds of Funding
These guidelines build off lessons learned from earlier iterations of the RFFC Program that focused on:
Promoting and supporting collaborative planning and implementation of wildfire and forest resilience, management, and restoration efforts at the landscape or watershed level.
2. Coordinating and integrating management of wildfire and forest resilience, management, and restoration efforts at the regional scale.
3. Identifying, prioritizing, and implementing forestry and wildfire projects that meet regional and statewide public safety, ecosystem, and public resource goals.
California Wildfire and Forest Resilience Task Force and Action Plan Building on important work of the past decade, state and federal policymakers and agencies came together in 2018 through the Wildfire and Forest Resilience Task Force (Task Force) to bolster efforts and expand investments to address the key drivers of catastrophic fires, significantly increase the pace and scale of forest management, and improve the resilience of increasingly threatened communities.
In 2021, the Task Force issued its Action Plan and, among other strategies, committed to a regional approach designed to strategically accelerate efforts to restore the health and resilience of California forests, grasslands, and natural places; improve the fire safety of communities; and sustain the economic vitality and the quality of life of forest dependent communities and rural forested areas.
RFFC Program Guidelines: July 2022 pg. 1
Regional Framework
The RFFC Program is a key component of the regional framework adopted by the Task Force in recognition of the essential diversity of California's biological, social, and legal geographies, and the need to bring together local and regional stakeholders to solve local and regional challenges.
The regional framework provides a structure for state, federal, and local entities to coordinate their efforts in each of four major geographic regions of the state (see Appendix A), to enhance regional leadership and capacity to respond to wildfire and forest health crises within their region, and to increase the pace and scale of forest and fire stewardship through landscape scale, multi -benefit planning and project implementation coordinated by regional partnerships.
Through the identification of these four regions, the Task Force seeks to provide a functional scale to coordinate scientific and ecoregional tools and analyses, policy, and management.
Within the regional framework, the Task Force and its partners are responsible for:
Coordination of strategies, policies, and programs to advance critical scopes of work, such as the beneficial use of fire and post -fire reforestation.
Developing science, data, tools, and working with regional partnerships to integrate and deploy strategies, data, and tools at the regional scale.
Aligning funding sources, such as planning and implementation funds from State and Federal agencies, to achieve holistic benefits consistent with the state's wildfire and forest resilience objectives.
Regional partnerships supported by RFFC will be supporting the regions and assisting with communicating with the Task Force or other state and federal partners. Regional Block Grantees will be working within their region using information and structure provided by the Task Force and will be communicating details and expertise about the region back to the Task Force. In the context of the regional framework, Regional Block Grantees and their partners will be responsible for:
Developing and enhancing partnerships.
Coordinating regional forums.
Integrating, accelerating, and scaling local forest and fire priorities and projects.
The regional framework approach is intended to provide support throughout the regions in a timely fashion and allow the state to adaptively manage its wildfire and forest resilience efforts.
Program Funding
The grants funded with these Guidelines utilize the $1 10 million of General Fund monies appropriated to the Department for the RFFC Program. This funding is available for encumbrance or expenditure until June 30, 2026, with full liquidation until June 30, 2028. Up to
5.17 percent of the appropriation may be used by the Department for administrative costs.
Should additional funding consistent with the purposes of the RFFC Program become available in future years, the Department may, at its discretion, make new grants or allocate funding to increase grants funded under these Guidelines.
RFFC Program Guidelines: July 2022 pg. 2
Confidentiality and Publicity
Details, documents, and any other materials related to this program, such as applications, grant agreements, reports, expenditures, photos, etc., are public records that may be publicly released in accordance with the California Public Records Act (Cal. Gov. Code §§ 6250 et seq.).
RFFC Program Guidelines: July 2022 pg. 3
Section 2: Scope of Work
Program Goals and Objectives
The overarching goal of the RFFC Program is to increase regional capacity to develop, prioritize, and implement wildfire and forest resilience projects that have broad involvement from stakeholders in and affected by the region, and to develop regional priority strategies that will restore health and resilience to communities, forests, and other wildfire prone landscapes. To that end, block grantees will seek to achieve the following objectives:
Increase capacity, support strategic collaborative planning and coordination, and accelerate wildfire and forest resilience, management, and restoration efforts at the landscape level.
Strengthen regional leadership on wildfire and forest resilience actions in coordination with key state and federal agencies.
Build a pipeline of forestry and wildfire protection projects. Identify, prioritize, plan, make ready projects that meet regional and statewide public safety, economic resilience, ecosystem, and natural resource goals.
Regional Block Grantee Essential Program Activities
Working with and through their regional partnerships, Regional Block Grantees are required to engage in the following core program activities, which are described in more detail below.
• Conduct regional priority planning.
• Administer project development activities.
• Build capacity and sustainability among regional partners. • Lead outreach and engagement.
• Participate in Task Force efforts to coordinate regions.
RFFC Program activities and deliverables are expected to differ for each regional partnership due to varying geographic, biophysical, and social characteristics throughout the state.
Unless specified, program activities and deliverables do not need to be developed or completed in a specific format or medium, and it is expected that every regional partnership supported by the RFFC program will need to adopt solutions and formats fitting the regional needs.
For example, specific activities and deliverables may be developed under one unified effort for an entire regional partnership, while other work may be developed on a subregional basis. In all cases, RFFC Program activities and deliverables should be integrated into a larger regional effort through collaboration and coordination of a shared set of priorities, strategies, assessment methodologies, or other guiding principles. All activities and deliverables are encouraged to incorporate existing resources, data, and plans (e.g., Community Wildfire Protection Plans). Essential program activities and deliverables are designed to be flexible and should be appropriate to the region and the stakeholders' needs. Regional Block Grantees will have the opportunity to collaborate with the Department to determine details of their program activities and deliverables in the development of the workplan.
RFFC Program Guidelines: July 2022 pg. 4
Regional Priority Planning
Regional Block Grantees must develop or update a Regional Priority Plan (RPP) that identifies, coordinates, prioritizes, and advances wildfire and forest resilience projects and initiatives.
Regional Priority Plans are expected to serve regional partnerships to:
• Identify, prioritize, and plan for wildfire and forest resilience needs within their region. • Coordinate planning and management efforts with an "all lands" approach across jurisdictions and ownership.
• Build strong regional support for the partnerships, plans, and projects through broad inclusion of stakeholders and partners.
• Organize and communicate regional prioritization consistent with Task Force goals and strategies.
The following activities must be included in the Regional Block Grantees' regional priority planning efforts:
• Developing broad -based partnerships among stakeholders, implementation partners, and decision -making entities capable of effectively forwarding large scale, multi - benefit programs of work across land types and ownership, over extended time frames.
• Utilizing the best available science, local and traditional knowledge, and statewide strategies to develop priorities and decision -making strategies which respond to environmental and social conditions within the region.
• Incorporating principles of collaborative governance into planning and decision - making processes.
• Revisiting and updating the RPP based on new information, activities, and conditions. • Identifying potential priority projects and management activities based on desired landscape conditions, and compiling projects into landscape portfolios.
To ensure consistency, communicability, and short- and long-term utility of RPPs, three key elements must be included in all RPPs:
• Geography & Governance
• Assessment & Methodology
• Landscape Portfolios of Projects
Information is provided for each element in the sub -sections below.
RPPs are intended to be living documents, and on -going investments in regional priority planning throughout the process is expected.
Geography & Governance
RPPs must consider and respond to the unique geographic, biophysical, and social characteristics of their region. RPPs must include an analysis of the key geographic characteristics and governing structures that will affect decision -making and implementation of wildfire and forest priorities within their jurisdictions. RPPs must work to advance policies and programs that enhance coordination, collaboration, and effective natural resource management within their region.
RPPs must be developed with broad participation of regional communities, California Native American tribal governments, tribal -led organizations, cultural practitioners, public and RFFC Program Guidelines: July 2022 pg
governmental agencies, community -based organizations, collaboratives, and other organizations. Regional Block Grantees will coordinate the development of the RPP for their partnership, working directly with organizations in their region throughout the process.
Assessment & Methodology
RPPs must include:
1. An assessment of the landscape conditions informed by the regional profiles and resource kits developed, respectively, by the Task Force's Science Advisory Panel and an interagency research team. The assessments should characterize the regional landscape with respect to core pillars of wildfire and forest resilience. The regional resource kits provide a starting point for these analyses, but RPPs may include local knowledge, region -specific data, and/or other appropriate tools to characterize the regional landscape.
2. A methodology for decision making, project identification, and prioritization that is appropriate for the region, the partnership, and consistent with state and federal strategies including strategies and key actions recommended by the Task Force.
NOTE: The term "pillars of resilience" is used to denote a model that assesses multiple factors or dimensions (pillars) of socio-ecological resilience in a holistic manner. RPPs are not required to utilize a specific model or set of pillars in their assessments, and different pillars are expected to be prioritized differently in different contexts, but it is expected that all RPPs demonstrate a holistic consideration of socio-ecological resilience.
Landscape Portfolios of Projects
RPPs must include a collection or collections of priority projects by landscape that, taken together, respond to identified conditions and priorities within that landscape. Portfolios of priority projects should:
• Be geographically explicit, with delineable boundaries for projects and activities. • Provide multiple benefits consistent with regional, state, and federal priorities for wildfire and forest resilience.
• Identify organization(s) that would be responsible for project implementation. • Have broad support from stakeholders in the region.
• Include projects at different stages of readiness suitable for implementation in sequence.
• Be cross -jurisdictional where appropriate, aligning efforts and needs across ownerships, land types, and areas of responsibility to complete the plan's goals.
Project Development
Regional Block Grantees must use a portion of this funding to support preliminary project development and permitting activities for the priority projects identified in their RPP or projects that were identified prior to development of the RPP and already have regional support.
Project development activities should be comprehensive enough to ensure that projects are ready to receive implementation funding. These projects should contribute to the desired outcomes for priority projects identified in each RPP and increase ecosystem and adaptive capacities, fire resilience, health, and human safety. Regional Block Grantees must work in collaboration with their partners and/or subgrantees to develop and permit projects. Project RFFC Program Guidelines: July 2022 pg. 6
development strategies should be equitable, including supporting areas, communities, and organizations with lower capacity.
NOTE: Project development and permitting may occur in parallel with the development of the RPP. Eligible project development activities include design, permitting, outreach and engagement, partnership development, and other tasks needed to create and sustain a pipeline for multiple years of implementation -ready projects.
Building and Sustaining Capacity
Regional Block Grantees are expected to use a portion of the funds from this program to build and sustain capacity throughout their region. Activities to build and sustain capacity should help grantees and their partners manage increases in project development and implementation workload.
Capacity building efforts may include:
• Investments in partner and local staff development
• Funding new and/or critical positions
• Acquiring or utilizing tools and resources to increase partner capacity for planning and implementation of wildfire and forest resilience projects • Organizational capacity activities such as access to financial services or legal review and similar due diligence, as applicable, associated with documents and project development
• Developing new pilot projects and programs
• Participation and/or partnership with existing workforce programs (e.g., local Conservation Corps, prescribed burn associations)
• Providing or securing technical assistance for partners • Fellowships and/or stipends for individuals to participate in trainings and events that enhance capacity and further the objectives of the RFFC program, who otherwise would not be able to participate, especially with regard to underrepresented individuals
• Demonstration projects
Regional Block Grantees should coordinate with partners and stakeholders regarding capacity and sustainability enhancing needs, including watershed coordinators, community - based organizations and collaboratives, county wildfire coordinators such as those funded through California Fire Safe Council, local CALFIRE representatives, and others conducting local and regional wildfire and forest resilience work.
If included, demonstration project(s) may be identified in the RPP or may be a pre -identified, shovel -ready project. Demonstration project(s) should seek to:
• Maximize desired outcomes of the RFFC Program as well as the Task Force strategies and objectives.
• Measurably achieve multiple benefits of the Program.
• Incorporate participation from multiple partners and funding sources. • Support regional workforce development opportunities when feasible. • Integrate benefits to the most socially vulnerable communities within the region • Implement new, innovative, and/or underutilized techniques, technology, or approaches, which could be scaled up and/or replicated.
Demonstration projects must:
RFFC Program Guidelines: July 2022 pg. 7
Include outreach and evaluation components that will allow the block grantee to share results with other regions or practitioners.
Comply with the Professional Foresters Law (PRC Sections 750, et seq.), if applicable.
Projects that directly impact the management and treatment of the forest resources and timberlands of this state are required to use Registered Professional Foresters.
Projects implemented on federally managed lands will be permitted to use "qualified but exempt" federal staff to satisfy this requirement.".
Outreach and Engagement
Regional Block Grantees must seek broad and diverse engagement of communities and stakeholders within each region. At a minimum, Regional Block Grantees and/or their subgrantees should:
Involve fire and forestry professionals, non -fire -focused professionals (ex: environmental justice, public health, tribes, etc.) and other key stakeholders that can play a role in wildfire and forest resilience within the region.
Incorporate principles of justice, equity, diversity, and inclusion.
Incorporate methods of engagement that facilitate direct participation and eliminate barriers for communities and organizations to participate, such as translation of meetings and materials, scheduling of meetings at times that are convenient for community members, and engaging community members in information gathering, planning, and decision making.
Regional Block Grantees must document their regional partnership's outreach and engagement strategies, and provide a transparent means for that documentation to be accessed by or shared with the Department, Task Force, and the public.
Regional and Statewide Coordination
Regional Block Grantees will be responsible for coordinating efforts among partners in their region, providing regional leadership, and facilitating communications and data sharing among regional and statewide partners. To facilitate regional and statewide coordination, Regional Block Grantees must:
• Participate in Task Force initiatives, including consultation on regional profiles and resources, collection of data, metrics, and communication materials needed for interagency regional collaboration.
• Coordinate regional forums under the Task Force and facilitate discussions among state and local entities through meetings, prioritization discussions, forums, or data inquiries.
• Provide for the stewardship of spatial, qualitative, and quantitative data produced or collected by the regional partnership, including data collection, maintenance, and communication.
Statewide Block Grantee Essential Program Activities
Statewide Block Grantees will support the statewide implementation of the program through coordination of and technical assistance to Regional Block Grantees, as well as support wildfire and forest resilience efforts and/or offer technical assistance across regions and throughout the state, and at the individual practitioner level.
RFFC Program Guidelines: July 2022 pg. 8
Grant Administration and Reporting
Administrative Activities
As part of the grant's administration, block grantees must:
• Participate in grant and program orientation with the Department. • Provide quarterly invoices and reports.
• Coordinate and participate in relevant Task Force regional forums. • Participate in monthly check -in meetings with the Department. • Provide monthly project highlights and success stories to the Department. • Participate in monthly webinars with other block grantees. • Coordinate with local and regional CALFIRE representatives. • Ensure environmental compliance for all projects and tasks. • Distribute necessary funds through subgrants and/or contracts. • Ensure execution of all project deliverables and requirements within the grant term.
Invoicing
Block grantees must provide a fiscal report detailing how funds have been expended along with each quarterly invoice.
Reporting
Block grantees will be required to participate in monthly meetings with the Department. The monthly meetings are intended to update the Department and address any issues in a timely fashion to help ensure success of each block grant. Quarterly reports will include a narrative summary of work completed, key accomplishments, and, where applicable, collection of data on project development, partnership and community engagement, and other key metrics to be determined in partnership with the Department.
Written monthly highlights and quarterly reports must be submitted in a format provided or approved by the Department.
Distribution of Block Grant Funds to Third Parties
Block grantees may implement Program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, California Native American tribes, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist in accomplishing the objectives of the RFFC Program. Block grantees may award subgrants and contracts to fulfill individual tasks or deliverables, or multiple tasks or deliverables, at their discretion and consistent with the recipient's internal contracting or procurement policies and procedures.
Environmental Compliance
Activities funded under the RFFC Program must comply with applicable state and federal laws and regulations, including the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and other environmental permitting requirements. Block grantees are responsible for project compliance and grant agreement budgets that may include the funding necessary for compliance -related tasks.
RFFC Program Guidelines: July 2022 pg. 9
Section 3: Grant Awards
Selection of Block Grantees
The Department is awarding block grants on a noncompetitive basis to support implementation of landscape or watershed level forest health projects in the Northern, Coastal -Inland, Sierra -Cascade -Ingo, and Southern California regions, as shown in Appendix A. To best ensure efficient planning and strategic interagency coordination, the geographic extent of these regions may shift slightly over time. Regional Block Grantees will distribute funds to subgrantees and contractors, and work to ensure coordinated and integrated management of wildfire and forest resilience activities throughout their region.
In addition to funding the Regional Block Grantees, the Department will fund Statewide Block Grantees to provide statewide coordination of and technical assistance to Regional Block Grantees, as well as to support wildfire and forest resilience efforts in communities and priority areas not covered by the Regional Block Grantees.
Statewide and Regional Entities
Statewide and regional entities eligible to receive block grants are local governments, California Native American tribes, state conservancies, joint powers authorities, public agencies, resource conservation districts, special districts, California 501(c) (3) non-profit organizations, and tribally chartered non-profit organizations.
The Department will consider the following factors with selecting Regional Block Grantees:
• Demonstrated ability to coordinate the many entities across their region necessary to meet program goals
• Existing strong regional partnerships, and support and capacity to expand these partnerships
• Demonstrated ability to conduct regional planning efforts • Fiscal and administrative control systems to adequately oversee the expenditure of block grant awards
• Policy and program expertise relevant to meeting program goals The Department will consider the following factors with selecting Statewide Block Grantees:
• Experience and expertise in developing forest health and wildfire protection planning statewide
• Experience and expertise in conducting effective and inclusive outreach across diverse communities
• Experience and expertise in developing peer -to -peer and inter -regional sharing of project implementation strategies and skills
• Strong relationships with primary actors in forest health and wildfire protection planning statewide
• Fiscal and administrative control systems to adequately oversee the expenditure of block grant awards
• Policy and program expertise relevant to meeting program goals Workplan Development
RFFC Block Grantees must collaborate with the Department to develop grant workplans consistent with the goals and objectives of this program. The Department will hold a post- RFFC Program Guidelines: July 2022 pg. 10
award consultation with selected entities to develop a workplan, resource plan, and schedule of key activities before execution of a grant agreement or amendment.
RFFC Program Guidelines: July 2022 pg. 11
Section 4: Grant Agreement and Administration
Overview of Grant Execution
1. The Department will announce awards.
2. Each block grantee must enter into a grant agreement with the Department or amend an existing agreement. The block grantee must sign and return the grant agreement or amendment to the Department within three months of the award date or risk forfeiting their award.
3. Block grantees selected for award will be required to participate in a post -award consultation phase prior to finalizing the grant agreement or amendment. During the post -award consultation, Department staff will assist the block grantee to refine the grant agreement and associated work plan to comply with administrative, statutory, and program requirements.
4. The grant agreement is considered fully executed once the Department's authorized signatory has signed the grant agreement.
5. Once the Department notifies the block grantee that the grant agreement has been fully executed, the block grantee should promptly commence work.
Performance Period and Grant Term
Regional Block Grantees and Statewide Block Grantees need to complete all tasks and deliverables by March 30, 2028, to ensure payment by the termination of the grant agreement term. The grant term will continue until June 30, 2028. The grant may be extended for an additional time at the Department's discretion and with appropriate budget authorization.
Funding and Accounting
Payment of Grant Funds
• Payment will be made on a reimbursement basis.
• The Department may authorize advance payments up to twenty percent (20%) of the original grant amount to a block grantee, at a time, per Department protocols. • Grantees shall invoice quarterly, unless otherwise agreed upon by the Department, and in accordance with the terms and conditions of the grant agreement. • Funds cannot be disbursed until there is a fully executed grant agreement between the Department and the grantee.
• Only those eligible costs incurred as outlined in these Guidelines and in accordance with the grant agreement will be eligible for reimbursement.
Accounting of Grant Funds
It is essential that complete and accurate records be maintained by grantees. Block grantees must maintain an accounting and record keeping system that reflects sound fiscal controls and safeguards. The accounting information must be sufficient so that the total cost of each aspect of the project can be readily determined and records are readily available upon demand. Block grantees must retain all grant transaction records for a period of four years after final payment.
Any advanced funds must be kept separate in accounting records from block grantee's other funds. Interest earnings shall be allocated to the block grant's advanced funds for use on the project or returned to the Department. Advanced funds that are unused shall be RFFC Program Guidelines: July 2022 pg. 12
returned to the Department promptly upon completion of the project or termination of the grant agreement, whichever occurs first.
Section 5: Eligible Costs
Eligible Costs
Eligible costs must be incurred during the grant agreement term. All costs must be reasonable, as defined in Section 6 of these Guidelines. Eligible costs are:
Staff Costs
Reimbursable staff costs are the salary costs for (1) block grantees, (2) subgrantees, and (3) contractors. This is the salary at an hourly rate, benefits, taxes, and leave.
Administrative costs are not reimbursable as staff costs. Administrative costs should be budgeted separately and must comply with the requirements outlined below.
Administrative Costs
For the block grantee, reimbursement by the RFFC Program for administrative costs are capped at either (1) twenty percent (20%) of the total block grant award for entities without an active Negotiated Indirect Cost Rate Agreement (NICRA), or (2) up to thirty-five percent (35%) of the total block grant award for entities with a current federally approved NICRA.
For subgrantees and contractors, reimbursement by the RFFC Program for administrative costs are capped at either (1) twenty percent (20%) of their direct charges for entities without a current final NICRA, or (2) up to thirty-five percent (35%) of their total subaward or contract for entities with a current federally approved NICRA.
Administrative costs include costs that are sometimes described as indirect costs and include:
• Office space and utilities
• Supplies
• Management oversight
• Prorated general liability, Workers' Compensation, and automotive insurance • Equipment costs not included as direct costs in the budget Travel Costs
In -state travel for block grantees, subgrantees, and contractors as necessary to fulfill the deliverables of the program.
• Accommodation -related travel costs: maximum reimbursement rates based on county as shown here: https://hrmanual.calhr.ca.gov/Home/Manualltem/1/2203 , with no option for approval of an "excess lodging rate."
• Mileage for travel directly related to execution of the scope of work will be reimbursed at the Reimbursement Rate Per Mile for Personal Vehicle as shown here:
https://hrmanuaI.calhr.ca.gov/Home/Manualltem/1 /2202. • Rental car, train, or airfare will only be reimbursed to attend those meetings outlined in the Administrative Activities section, and then only if it is the reasonable method used to get from one location to the other.
• No other travel -related costs will be reimbursed through this grant program, including per diem.
RFFC Program Guidelines: July 2022 pg. 13
Project Development Costs
Block grant funding may be used for project development costs:
• Preparing project plans, specifications, and cost estimates that will result in a specific project
• Acquiring permits (including fees) for specific, future on -the -ground projects • Analysis required for CEQA and/or NEPA documentation
• Performing necessary cultural resources, biological, botanical, aquatic, soil, hydrologic, wildlife, timber, or other studies/surveys and/or developing necessary project designs related to a specific site or physical project • Obtaining implementation funding
Demonstration Project Implementation Costs (if applicable) Block grant funding may be used for demonstration project costs including:
• Preparation of bid packages and contractor documents
• Performance costs within the scope of the demonstration project including materials, supplies, and equipment
• Labor and other costs necessary for the physical implementation of the project • Pre- and post -project monitoring and adaptive management, including preparation of long-term management plans
Capacity Building, Outreach, Engagement, and Training
Block grant funding may be used for Capacity Building, Outreach, Engagement, and Training activities including:
• Building organizational capacity to increase pace and scale of forestry activities • Training costs for block grantee employees or subgrantees • Costs to attend professional development conferences or events • Materials
• Facilitation services
• Professional training services for educational events or workforce development • Participant stipends in compensation for services rendered in the development of community work products, and appropriately documented with deliverables such as sign -in sheets or written surveys
• Transportation stipends and provision of transportation services for community participants, such as a vanpool
• Rental costs of equipment, facilities, or venues
• Provision of childcare services for community participants at sponsored events • Food and refreshments that are determined to be an integral part of an event.
Examples of activities where it would be appropriate to approve food purchase would include a design charrette held in the evening, where the meal is consumed as part of the event and replaces a meal otherwise missed by attending the event Equipment and Vehicles
For any equipment or vehicles purchased or built with funds that are reimbursable as a direct cost of the RFFC project, the block grantee, subgrantee, or contractor, as applicable, must be the sole owner on title. During the grant agreement term, equipment must be dedicated to the described use in the same proportion and scope as is in the grant agreement and the RFFC Program Guidelines: July 2022 pg. 14
block grantee is required to maintain an inventory record for each piece of non -expendable equipment or vehicles purchased or built with funds provided under the terms of a grant agreement.
On completion or early termination of the grant agreement, the Department will either (1) require that the equipment or vehicles be returned to the state, (2) authorize the continued use of such equipment or vehicle within the block grantee's region, or (3) require that grantee refund the Department for the fair market value of equipment that continues to have a usable life but is no longer required for project implementation.
In making that determination, the Department will consider among other things, the useful life of the equipment or vehicle. Equipment or vehicles that remain within the block grantee's region will be required to be maintained in a state of good repair with all licenses and fees paid and made available to government entities in the event of an emergency.
Ineligible Costs
Ineligible costs are
• Costs that are not related to the RFFC Program.
• Costs that occur outside of the grant agreement term. • Incidentals, tips, and per diems.
• Incentive/participation gifts.
• Out-of-state travel.
• Legal costs and attorney's fees associated with making or defending legal claims. • Activities performed and equipment or vehicles purchased that are not identified in the budget/work plan or approved by the Department prior to purchase. • The following costs associated with community engagement and outreach:
o Direct cash benefits or subsidies to participants, such as cash subsidies to secure private transportation services
o Alcoholic refreshments
o Participant incentives, such as door prizes, which are unrelated to specific community work products
o General meetings that do not specifically discuss or advance RFFC Program activities and objectives
Auditing of Fund Expenditures
All expenditures of public funds under this program are subject to audit by the State of California. All grantees shall maintain books, records, documents, and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds (including state funds, interest earned, and matching funds by the grantee) and the total cost of the project.
Purchasing
Block grantees are expected to adhere to their competitive bid, internal contracting, and purchasing guidelines. Documentation of the grantee's contracting or purchasing guidelines, processes, and project -specific approvals may be requested in the event of an audit by the State of California.
RFFC Program Guidelines: July 2022 pg. 15
Loss of Funding
Work performed under the grant agreement is subject to availability of funds through the state's budget process.
Actions of the block grantee that may lead to suspension or cancellation of funding include, but are not limited to:
• Failure to execute an agreement within three months of receiving an official funding notification
• Failure to submit required documentation within the time periods specified in the grant agreement
• Change in project scope, schedule, or budget without prior approval • Failure to complete the project
• Failure to demonstrate sufficient progress
• Failure to submit evidence of environmental or permit compliance as specified by the grant agreement
• Failure to comply with applicable laws or grant requirements RFFC Program Guidelines: July 2022 pg. 16
Section 6: Definitions and Reference Material
Definitions
Collaboration or Collaborative: Partnership or cooperation involving multiple and diverse stakeholders (including agencies, as appropriate) to improve natural resource conditions and the socio-ecological resilience of communities within the same watershed or landscape in ways that do not duplicate efforts.
Community Wildfire Protection Plan: A plan developed in the collaborative framework established by the Wildland Fire Leadership Council and agreed to by state, tribal, and local government, local fire department, other stakeholders and federal land management agencies managing land in the vicinity of the planning area. A Community Wildfire Protection Plan (CWPP) identifies and prioritizes areas for hazardous fuel reduction treatments and recommends the types and methods of treatment on Federal and non -Federal land that will protect one or more at -risk communities and essential infrastructure and recommends measures to reduce structural ignitability throughout the at -risk community. A CWPP may address issues such as wildfire response, hazard mitigation, community preparedness, or structure protection - or all the above.
Department: California Department of Conservation.
Landscape Scale or Level: A functional designation of a relatively large, contiguous geographic area scaled to capture ecosystem function, integrity, and diversity, where management plans are integrated into the broader landscape conditions to set appropriate short-, medium-, and long-term goals, including integration of natural processes.
Management activities are of sufficient scale to affect biophysical processes and stressor (e.g., fire, bark beetles) behavior within that landscape. Landscapes may vary in size but should be delineable based on defensible geographic characteristics (e.g. Watershed boundaries or Potential Operational Delineations).
M ulti-benefit or Multiple benefit: A project or activity which, by virtue of integrated design and planning, provides direct benefits to multiple local, regional, state, and federal strategic objectives. Multi -benefit wildfire and forest resilience projects can impact social, economic, and ecological outcomes, including social and cultural well-being, protecting and restoring tribal resources and practices, enhancing water security, forest resilience, biodiversity, workforce development, outdoor recreation and access, and carbon sequestration, Reasonable Cost: A cost that, in its nature and amount, does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining reasonableness of a given cost, consideration must be given to:
• Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the entity or the proper and efficient performance of the project. • The restraints or requirements imposed by such factors as: sound business practices; arm's-length bargaining; federal, state, local, tribal, and other laws, and regulations; and terms and conditions of this project.
• Market prices for comparable goods or services for the geographic area. • Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to its employees, the public at large, and the state.
RFFC Program Guidelines: July 2022 pg. 17
• Whether the cost significantly deviates from the acquiring entity's established practices and policies regarding the incurrence of costs.
Regional Forums: A venue for information sharing across a region and between entities working within a region to ensure coordination among stakeholders, and to ensure that areas not presently covered in a regional partnership are engaged and have a role in advancing regional priorities. Forums offer opportunities for sharing successes and challenges, enhancing professional networks, learning the latest scientific findings, and participating in a more regional -focused discussion with work groups to understand statewide priorities and to ensure their local needs and concerns are heard at the state level.
Regional Partnerships: A large scale collaboration operating with the common goal to elevate, integrate, and expand regional wildfire and forest resilience work within one of the four major regions identified by the Task Force's Action Plan. Regional Block Grantees lead and support regional partnerships.
Regional Profiles: Regional profiles are a publicly available resource included in the regional resource kits developed by the Task Force's Science Advisory Panel in 2022. Regional Profiles summarize the socio-ecological context of the region (including vegetation types and distribution, forest management and disturbance history and future projected climatic changes), the current condition assessment, and findings from interviews and surveys about regional stakeholder priorities and concerns for community and ecosystem resilience.
Regional Resource Kits: Regional resource kits are sets of key information, mapped data, and resource assessments intended to support the acceleration of regional planning to reduce wildfire hazard and improve forest resilience. The kits will include core metrics, a non- technical description of desired resilience outcomes, an assessment of current conditions in the region, core operational data layers, and identification of treatment opportunities.
Vulnerable Communities or Socially Vulnerable Communities: Vulnerable communities or populations are those which experience heightened risk and increased sensitivity to natural disasters, climate change, and other stressors and have less capacity and fewer resources to cope with, adapt to, or recover from wildfire and climate impacts due to social, political, historical and/ or economic factors. There is no discrete threshold for defining a community as "vulnerable" or "not vulnerable", but communities and populations may be characterized as more or less vulnerable based on criteria such as those used by the CDC/ATSDR Social Vulnerabilitv Index.
Watershed: All land enclosed by a continuous hydrologic drainage divide and lying upslope from a specified point on a stream, river, lake, or other waterbody. Total land areas draining to any point in a stream.
Wildfire and forest resilience: For the purposes of this Program, wildfire and forest resilience refers broadly to social and ecological resilience of landscapes, communities, and resources to wildfire and related disturbances and stresses exacerbated by climate change. Social and ecological dynamics are connected and inherent to forests and communities, including but not limited to biodiversity, water quality, cultural resources, recreation, and forest related economies.
RFFC Program Guidelines: July 2022 pg. 18
Reference Material
• California Wildfire and Forest Resilience Action Plan, January 2021, California Forest Management Task Force
• Agreement for Shared Stewardship of California's Forests and Rangelands August 2020
• Executive Order B-52-18, May 2018
• Framework for Promoting Socio-ecological Resilience Across Forested Landscapes in the Sierra Nevada, August 2020, Tahoe -Central Sierra Initiative RFFC Program Guidelines: July 2022 pg. 19
Appendix A: Regions Map
The following map is a general representation of the four geographic regions that guide funding allocations. Specific Regional Block Grantee jurisdictions within these regions are not identified.
North Coast -Inland Region
Sierra-Cascade-inyo Region
Coastal -Inland Region
Southern California Region
RFFC Program Guidelines: July 2022 pg. 20