HomeMy WebLinkAboutAgreement A-21-532 with CalFire - 5GA20111.pdfGRANT NUMBER 5GA20111
COUNTY OF FRESNO
AUBERRY ROAD AND PETERSON ROAD FUEL BREAKS
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TERMS AND CONDITIONS OF GRANT AGREEMENT
I.RECITALS
1.This Agreement, is entered into between the State of California, by and through
the California Department of Forestry and Fire Protection (CAL FIRE), hereinafter
referred to as “STATE” and, COUNTY OF FRESNO, hereinafter referred to as
“GRANTEE”.
2.The STATE hereby grants to GRANTEE a sum (hereinafter referred to as
“GRANT FUNDS”) not to exceed four million seventy four thousand
($4,074,000.00).
3.In addition to the terms and conditions of this Agreement, the STATE and
GRANTEE agree that the terms and conditions contained in the documents set
forth below are hereby incorporated and made part of this agreement.
a.California Climate Investments Department of Forestry and Fire Protection
Fire Prevention Program Procedural Guide FY 2020-2021 and FY2021-
2022
b.The submitted Application, Scope of Work, Project Budget Workbook,
GHG Emissions Workbook and Exhibits
c.ADDENDUM – FIRE PREVENTION GRANT PROJECTS
II.SPECIAL PROVISIONS
1.Recipients of GRANT FUNDS pursuant to California Public Resources Code
Section 4124.5 shall abide by the provisions in this Agreement. This includes the
requirement that work shall not commence prior to the execution of this
Agreement by both parties. Any work started prior to the execution of this
Agreement will not be eligible for funding under the terms of this Agreement.
2.As precedent to the State’s obligation to provide funding, GRANTEE shall
provide to the STATE for review and approval a detailed budget, specifications,
and project description. Approval by the STATE of such plans and
specifications, or any other approvals provided for in this Agreement, shall be for
scope and quality of work, and shall not relieve GRANTEE of the obligation to
carry out any other obligations required by this Agreement, in accordance with
applicable law or any other standards ordinarily applied to such work or activity.
3.All informational products (e.g., data, studies, findings, management plans,
manuals, photos, etc.) relating to California’s natural environment produced with
the use of GRANT FUNDS shall be available for public use.
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COUNTY OF FRESNO
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III.GENERAL PROVISIONS
1. Definitions
a.The term “Agreement” means grant agreement number 5GA20111.
b.The term “GRANT FUNDS” means the money provided by the STATE to
the GRANTEE in this Agreement.
c.The term “GRANTEE” means an applicant who has a signed Agreement
for the award for GRANT FUNDS.
d.The term “Other Sources of Funds” means all matching fund sources that
are required or used to complete the Project beyond the GRANT FUNDS
provided by this Agreement.
e.The term “STATE” means the State of California, Department of Forestry
and Fire Protection (CAL FIRE).
f.The term “Project” means the development or other activity described in
the “Project Scope of Work”.
g.The term “Project Budget Detail” as used herein defines the approved
budget plan.
h.The term “Project Scope of Work” as used herein means the individual
scope of work describing in detail the approved tasks.
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2. Project Representatives
The project representatives during the term of the agreement will be:
STATE: CAL FIRE GRANTEE: COUNTY OF FRESNO
Section/Unit: FKU/Fresno-King Unit Section/Unit: N/A
Attention: Jerrold Sharp Attention: Adan Ortiz
Mailing Address:
201 S. Academy, Sanger, CA, 93657
Mailing Address:
1221 Fulton St., 5th Fl.
Fresno, CA, 93721
Phone Number: (559) 207-4398 Phone Number: (559) 600-4064
Secondary: (559) 600-4065
Email Address:
Jerrold.sharp@fire.ca.gov
Email Address:
aortiz@fresnocountyca.gov
Changes to the project representatives during the term of the agreement shall be
made in writing. Notice shall be sent to the above representative for all notice
provisions of this Agreement.
3.Project Execution
a.Subject to the availability of grant monies, the STATE hereby grants to the
GRANTEE a sum of money (GRANT FUNDS) not to exceed the amount
stated on Section I. RECITALS, Paragraph 2 in consideration of and on
condition that the sum be expended in carrying out the purposes as set
forth in the description of the Project in this Agreement and its
attachments and under the terms and conditions set forth in this
Agreement.
b.GRANTEE shall assume any obligation to furnish any additional funds that
may be necessary to complete the Project. Any amendment to the Project
as set forth in the Application on file with the STATE must be submitted to
the STATE for approval in writing. No amendment is allowed until written
approval is given by the STATE.
c.GRANTEE shall complete the Project in accordance with the time of
Project performance set forth in this Agreement, unless an amendment
has been approved and signed by the STATE under the terms and
conditions of this Agreement. Amendments must be requested in
advance and will be considered in the event of circumstances beyond the
control of the GRANTEE, but in no event less than 90 days from the
Agreement expiration date and in no event less than 60 days before the
effective date of the amendment. Approval of amendment is at the
STATE’s discretion.
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d. GRANTEE certifies that the Project Scope of Work complies with all local,
State, and federal laws and regulations.
e. GRANTEE shall comply with the California Environmental Quality Act
(CEQA) (Public Resources Code, Section 21000, et. seq. Title 14,
California Code of Regulations, Section 15000 et. seq.) and all other local,
State, and federal environmental laws. A copy of the certified CEQA
document must be provided to STATE before any GRANT FUNDS are
made available for any Project activity that could directly impact the
environment (e.g. cutting, piling or burning bush, masticating, dozer work,
etc.). CEQA compliance shall be completed within one (1) year from start
date of the Agreement. The start date is considered the date the last party
signs the Agreement. GRANT FUNDS will be made available in advance
of CEQA compliance for project activities that do not have the potential to
cause a direct environmental impact (e.g. project planning, locating and
marking property or project boundaries, contacting and signing up
landowners, etc.).
f. GRANTEE shall permit periodic site visits by representative(s) of the
STATE to ensure program compliance and that work is in accordance with
the approved Project Scope of Work, including a final inspection upon
Project completion.
g. GRANTEE, and the agents and employees of GRANTEE, in the
performance of this Agreement, shall act in an independent capacity and
not as officers, employees, or agents, of the STATE. No person who, as
an officer, employee, or agent of the state participated in the preparation
or creation of or determination to award this Grant Agreement shall serve
as an agent or employee of GRANTEE including but not limited to those
acts prohibited by Government Code Sections 1090, and 87100.
4. Project Costs and Payment Documentation
a. Payment by the STATE shall be made after receipt of an acceptable
invoice and approval by a duly authorized representative of the STATE.
GRANTEE shall submit an invoice for payment to the CAL FIRE Project
Representative of the STATE. A final invoice shall be submitted no later
than 30 days after completion, expiration, or termination of this
Agreement.
b. For services satisfactorily rendered, and upon receipt and approval of
invoices for payment, the STATE agrees to compensate GRANTEE for
actual expenditures incurred in accordance with the rates specified herein,
which is attached hereto, as Final Project Budget Detail, and made a part
of this Agreement.
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c.Equipment purchased using GRANT FUNDS, wholly or in part, must be
used by the GRANTEE for the project which it was acquired. STATE
retains a vested interest in the equipment for the useful life of the
equipment, even after completion of the grant. GRANTEE shall provide
written disposition of the equipment upon completion of the grant and
upon any changes to the disposition of the equipment. Such disposition
must be approved in advance by STATE. Equipment purchased using
GRANT FUNDS cannot be used as collateral, financed, or sold without
prior written approval from the STATE.
d.GRANTEE shall submit, in arrears, not more frequently than once a
month, and no less than quarterly, an invoice to the STATE for costs paid
by GRANTEE pursuant to this Agreement. Each invoice shall contain the
following information: the Agreement number, the dates or time period
during which the invoiced costs were incurred, expenditures for the current
invoice and cumulative expenditures to date by major budget category
(e.g., salaries, benefits, supplies, etc.), appropriate supporting
documentation, project progress reports, and the signature of an
authorized representative of GRANTEE as detailed in the Invoice
Guidelines of the California Climate Investments Department of Forestry
and Fire Protection Fire Prevention Program Procedural Guide FY 2020-
2021 and FY2021-2022.
e.GRANT FUNDS in this Agreement have a limited period in which they
must be expended. All GRANTEE expenditures must occur prior to the
end of the Project performance period of this Agreement.
f.Except as otherwise provided herein, GRANTEE shall expend GRANT
FUNDS in the manner described in the Project Budget Detail approved by
the STATE. The dollar amount of an item in the Project Budget Detail may
be increased or decreased by up to ten percent (10%) of the budget item
through reallocation of funds from another item or items, without approval
by the STATE; however, GRANTEE shall notify the STATE in writing in
project progress reports when any such reallocation is made, and shall
identify both the item(s) being increased and those being decreased. Any
increase or decrease of an item of more than ten percent (10%) of the
budget item must be approved in writing by the STATE before any such
increase or decrease is made. A formal approved amendment is required
to increase the total amount of GRANT FUNDS.
g.GRANTEE shall promptly submit any and all records at the time and in the
form as the STATE may request.
h.GRANTEE shall submit each invoice for payment electronically to both the
appropriate CAL FIRE Project Representative as identified in Item 2 and
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Southern Region Email Address (SouthernRegionGrants@fire.ca.gov).
Hard copy submissions will not be accepted.
i.Notwithstanding any of the provisions stated within this Agreement, the
STATE may at its discretion make advance payment from the grant
awarded to the GRANTEE if GRANTEE is a nonprofit organization, a local
agency, a special district, a private forest landowner or a Native American
tribe. Advance payment made by the STATE shall be subject to the
following provisions.
•GRANTEE shall submit a written request identifying how funds will
be used over a six-month period. The written request must be
accompanied by an invoice that contains the same level of detail as
a regular invoice.
•GRANTEE shall file an accountability report with STATE four
months from the date of receiving the funds and every four months
thereafter.
•Multiple advance payments may be made to a GRANTEE over the
life of a project.
•No single advance payment shall exceed 25% of the total grant
amount and must be spent on eligible costs within six months of the
advance payment request. GRANTEE may request additional time
to spend advance funds but must be approved in writing by the
STATE. The balance of unspent advance payment funds not
liquidated within the six-month spending period will be billed for the
return of advanced funds to the STATE.
•All work under a previous advance payment must be fully liquidated
via an invoice and supporting documentation and completed to the
STATE’s satisfaction before another advance payment will be
made.
•Any advance payment received by a GRANTEE and not used for
project eligible costs shall be returned to CAL FIRE. The amount
will be returned to the grant balance.
•Advance payments must be deposited into an interest-bearing
account. Any interest earned on advance payment funds must be
accounted for and used toward offsetting the project cost or
returned to the STATE.
5.Budget Contingency Clause
a.If STATE funding for any fiscal year is reduced or deleted for purposes of
the Fire Prevention Program California Climate Investments Grant
Program, the STATE shall have the option to either cancel this Agreement
with no liability occurring to the STATE, or if possible and desirable, offer
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an Agreement amendment to GRANTEE to reflect the reduced amount
available for the Project.
6. Project Administration
a. GRANTEE shall provide the STATE a written report showing total final
Project expenditures and matching funds upon Project completion or grant
expiration, whichever occurs first. GRANTEE must report to the STATE
all sources of other funds for the Project. If this provision is deemed to be
violated, the STATE will request an audit of GRANTEE and can delay the
disbursement of funds until the matter is resolved.
b. GRANTEE shall promptly submit written Project reports as the STATE
may request throughout the term of this Agreement.
c. GRANTEE shall submit a final accomplishment report, final invoice with
associated supporting documentation, and copies of materials developed
using GRANT FUNDS, including but not limited to plans, educational
materials, etc. within 30 days of Project completion.
7. Financial Records
a. GRANTEE shall retain all records described in Section 7(c) below for
three (3) years after final payment by the STATE. In the case an audit
occurs, all such records shall be retained for one (1) year from the date is
audit is completed or the three (3) years, whichever date is later.
b. GRANTEE shall maintain satisfactory financial accounts, documents, and
records for the Project and make them available to the STATE for review
during reasonable times. This includes the right to inspect and make
copies of any books, records, or reports of GRANTEE pertaining to this
Agreement or matters related thereto.
c. GRANTEE shall keep such records as the STATE shall prescribe,
including, but not limited to, records which fully disclose (a) the disposition
of the proceeds of state funding assistance, (b) the total cost of the Project
in connection with such assistance that is given or used, (c) the amount
and nature of that portion of the Project cost supplied by other sources,
and (d) any other such records as will facilitate an effective audit. All
records shall be made available to the STATE, other State of California
agency, or other entity as determined by the State of California for auditing
purposes at reasonable times.
d. GRANTEE shall use any generally accepted accounting system.
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8. Research
a.GRANTEE that receives funding, in whole or in part, in the form of a
research grant shall provide for free public access to any publication of a
peer-reviewed manuscript describing STATE funded knowledge, STATE
funded invention, or STATE funded technology shall be subject to the
following conditions:
i.GRANTEE is responsible for ensuring that any publishing or
copyright agreements concerning peer-reviewed manuscripts fully
comply with this section
ii.GRANTEE shall report to STATE the final disposition of the peer-
reviewed manuscript, including, but not limited to, if it was
published, date of publication, where it was published, and, when
the 12-month time period from official date of publication expires,
where the peer-reviewed manuscript will be available for open
access.
b.For a peer-reviewed manuscript that is accepted for publication pursuant
to the terms and conditions of this Agreement, the GRANTEE shall ensure
that an electronic version of the peer-reviewed manuscript is available to
STATE and on an appropriate publicly accessible repository approved by
the state agency, including, but not limited to, the University of California’s
eScholarship Repository at the California Digital Library, the California
State University’s ScholarWorks at the Systemwide Digital Library, or
PubMed Central, to be made publicly available not later than 12 months
after the official date of publication. GRANTEE shall make reasonable
efforts to comply with this requirement by ensuring that the peer-reviewed
manuscript is accessible on an approved publicly accessible repository,
including notifying the state agency that the manuscript is available on a
state-agency-approved repository. If the grantee is unable to ensure that
his or her manuscript is accessible on an approved, publicly accessible
repository, the grantee may comply by providing the manuscript to the
state agency not later than 12 months after the official date of publication.
c.For publications other than those described in (b), including scientific
meeting abstracts, GRANTEE shall comply by providing the manuscript to
the STATE not later than 12 months after the official date of publication.
d.The grant shall not be construed to authorize use of a peer-reviewed
manuscript that would constitute an infringement of copyright under the
federal copyright law described in Section 101 of Title 17 of the United
States Code and following.
e.Use of GRANT FUNDS for publication costs, including fees charged by a
publisher for color and page charges, or fees for digital distribution are
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allowable costs but must be within the GRANT FUNDS and item 4 of the
agreement.
f.GRANTEE may request a waiver to the publication requirement if
GRANTEE has an existing publication requirement that meets or exceeds
the requirements of the research provision. Waiver shall include
information on GRANTEE’s existing requirements. Approval of the waiver
is at STATE’s discretion.
9.Project Termination
a.This Agreement may be terminated by the STATE or GRANTEE upon 30-
days written notice to the other party.
b.If either party terminates the Agreement prior to the completion of the
Project, GRANTEE shall take all reasonable measures to prevent further
costs to the STATE under the Agreement and the STATE shall be
responsible for any reasonable and non-cancelable obligations incurred by
GRANTEE in the performance of this Agreement prior to the date of the
notice to terminate, but only up to the undisbursed balance of funding
authorized in this Agreement.
c.Failure by GRANTEE to comply with the terms of this Agreement may be
cause for suspension of all obligations of the STATE hereunder at the
discretion of the STATE.
d.Failure of GRANTEE to comply with the terms of this Agreement shall not
be cause for the suspension of all obligations of the STATE hereunder if in
the judgment of the STATE such failure was due to no fault of GRANTEE.
At the discretion of the STATE, any amount required to settle at minimum
cost any irrevocable obligations properly incurred shall be eligible for
reimbursement under this Agreement.
e.Final payment to GRANTEE may not be made until the STATE
determines the Project conforms substantially to this Agreement.
10.Hold Harmless
a.GRANTEE shall defend, indemnify and hold the STATE, its officers,
employees, and agents harmless from and against any and all liability,
loss, expense (including reasonable attorney's fees), or claims for injury or
damages arising out of the performance of this Agreement but only in
proportion to and to the extent such liability, loss, expense, attorney's fees,
or claims for injury or damages are caused by or result from the negligent
or intentional acts or omissions of GRANTEE, its officers, agents, or
employees. The duty of GRANTEE to indemnify and hold harmless
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includes the duty to defend as set forth in Civil Code Section 2778. This
Agreement supersedes GRANTEE’s right as a public entity to indemnity
(see Government Code Section 895.2) and contribution (see Government
Code Section 895.6) as set forth in Government Code Section 895.4.
b.Nothing in this Agreement is intended to create in the public or in any
member of it rights as a third-party beneficiary under this Agreement.
11.Tort Claims
FEDERAL:
The United States shall be liable, to the extent allowed by the Federal Tort
Claims Act 28 United States Code 2671-2680, for claims of personal injuries or
property damage resulting from the negligent or wrongful act or omission of any
employee of the United States while acting within the scope of his or her
employment, arising out of this Agreement.
STATE:
The State of California shall be liable, to the extent allowed by law and subject to
California Government Code, Title 1, Division 3.6, providing for the filing of tort
claims against the State of California, for personal injuries or property damage
resulting from the negligent or wrongful act or omission of State of California
employees while acting within the scope of his or her employment, arising out of
this Agreement.
12.Nondiscrimination
The State of California prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, age, disability, sex, marital status,
religion, sexual orientation, genetic information, political beliefs, reprisal, or
because all or part of an individual’s income is derived from any public
assistance program. GRANTEE shall not discriminate against any person on
any of these bases.
13. Conflict of Interest
GRANTEE or anyone acting on behalf of GRANTEE shall not have any
conflicting personal and/or financial interests in carrying out the duties of the
Agreement.
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14.Incorporation
The grant guidelines and the Project Scope of Work, Project Budget Detail and
any subsequent amendments or modifications to the Project Scope of Work and
Project Budget Detail approved in writing by the STATE are hereby incorporated
by reference into this Agreement as though set forth in full in this Agreement.
15.Severability
If any provision of this Agreement or the Project Scope of Work thereof is held
invalid, that invalidity shall not affect other provisions or applications of this
Agreement which can be given effect without the invalid provision or application,
and to this end the provisions of this Agreement are severable.
16.Waiver
No term or provision hereof will be considered waived by either party, and no
breach excused by either party, unless such waiver or consent is in writing and
signed on behalf of the party against whom the waiver is asserted. No consent
by either party to, or waiver of, a breach by either party, whether expressed or
implied, will constitute consent to, waiver of, or excuse of any other, different, or
subsequent breach by either party.
17.Assignment
This Agreement is not assignable by GRANTEE either in whole or in part.
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ADDENDUM – FIRE PREVENTION GRANT PROJECTS
I.PROGRAM ACKNOWLEDGEMENT/RECOGNITION
All Fire Prevention Grant projects must clearly display, identify and label themselves as
being funded by CAL FIRE. Acknowledgements must contain the CAL FIRE logo as
well as the following statement:
“Funding for this project provided by the California Department of Forestry and Fire
Protection’s Fire Prevention Program.”
A draft of the acknowledgement must be approved by the STATE prior to publication. For
stationary projects, acknowledgement may include, but is not limited to, a sign on the
project site. For other project types, such as vehicles, equipment, and consumer-based
incentives, acknowledgement is encouraged by using a decal, sticker or other signage.
California Department of Forestry and Fire Protection
(CAL FIRE) California Climate Investments
Fire Prevention Grants Program
Project Scope of Work
Project Name: Auberry Road and Peterson Road Fuel Breaks
Project Tracking Number: 20-FP-FKU-0104
Project Description Summary: Please provide a paragraph summarizing proposed
project including the location, habitable structures, acres treated, etc. (Please type in
blank space below. Please note there is no space limitations).
The proposed Auberry Road shaded fuel break totals 263 acres and the proposed
Peterson Road shaded fuel break totals 234 acres in Eastern Fresno County, centrally
located in the Tier 1 and Tier 2 High Hazard Zones. The shaded fuel breaks travel
approximately 10.2 miles in length and treat vegetation directly adjacent to the roads,
creating a 400 foot gap in fuel continuity while providing road access to ingress and
egress for first responders and the public. The Auberry Road fuel break will be situated
at 4,500 feet in elevation east of the community of Auberry and directly north of the
Meadow Lakes and Bald Mountain communities. The Peterson Road fuel break will be
situated at 4,000 feet in elevation east of the Shaver Springs community and south of
the Cressman community. Both fuel breaks, in particular the Peterson fuel break, will
also protect the Shaver Lake community.
The associated vegetation type on the Auberry Road fuel break consists primarily of
Creek Fire burned ponderosa pine and incense cedar trees. The associated vegetation
type on the Peterson Road fuel break consists primarily of Creek Fire burned ponderosa
pine, incense cedar, oak trees, and also includes non-Creek Fire burned vegetation;
including treatment on U.S. Forest Service land. The projects placement takes
advantage of existing terrain to provide a line of defense in the event of a wildfire. The
blue canyon watershed threatens 3,780 structures within these communities. Its
topography, unpredictable strong winds, and heavy fuels are an immediate and direct
wildfire threat to the above-mentioned communities.
The 400 foot wide fuel breaks will include removal of all dead and dying trees, retaining
healthy growing trees greater than 9 inches at DBH, thinning small trees less than 9
inches at DBH, and heavily treating any ground shrubs. The proposed fuel breaks will
significantly reduce the horizontal and vertical continuity of fire fuels, expand defensible
space and create a location that promotes a crown fire transitioning to a ground fire.
The fuel breaks also provide for an effective location for fire suppression equipment and
tactics to cease the advancement of a wildfire.
These fuel breaks will become an integral added component to the Fresno-Kings Pre-
Fire Management Plan. It provides an important added component that would bolster
the regional arrangement of several existing fuel breaks. Planning of the fuel break
locations, size, and prescription is being coordinated with the cooperation of Cal
Fire/Fresno County Fire Protection District.
Project Tracking Number: 20-FP-FKU-0104 2
A.Scope of Work
This item is broken into project specific criteria depending on the type of project being
proposed: planning, education or hazardous fuel reduction. Please answer one section
of questions that pertain to the primary activity type for your project.
Section 1: Hazardous Fuel Reduction/Removal of Dead or Dying Tree Projects
1.Describe the geographic scope of the project, including an estimate of the number of
habitable structures and the names of the general communities that will benefit.
2.Describe the goals, objectives, and expected outcomes of the project.
3.Provide a clear rationale for how the proposed project will reduce the risks
associated with wildfire to habitable structures in the WUI.
4.Identify any additional assets at risk to wildfire that will benefit from the proposed
project. These may include, but are not limited to, domestic and municipal water
supplies, power lines, communication facilities and community centers.
5.Is the scale of the project appropriate to achieve the stated goals, objectives and
outcomes discussed in Item 2 above?
6.How will the project/activity utilize the left over woody biomass? Will the
project/activity use a biomass facility to reduce greater greenhouse gas emissions?
Section 2: Planning Projects
1.Describe the geographic scope of the project, including the communities that will
benefit, and an estimate of the number of structures within the project area.
2.Describe how the project will assess the risks to residents and structures in the WUI
and prioritize projects to reduce this risk over time.
3. Does the proposed plan add or build upon previous wildfire prevention planning
efforts in the general project area?
4.Identify a diverse group of key stakeholders, including local, state, and federal
officials where appropriate, to collaborate with during the planning process. Discuss
how the project proponent plans to engage with these targeted stakeholders.
5.Describe the pathways for community involvement that will be incorporated in the
planning process.
Section 3: Education
1.Describe the specific message of the education program and how it relates to
reducing the risk of wildfire to owners of structures in the WUI.
2.Describe the target audience of the education program and how information will be
distributed to this audience.
3.Will the education program raise the awareness of homeowner responsibilities of
living in a fire prone environment?
4.Identify specific actions being advocated in the education material that is expected to
increase the preparedness of residents and structures in the WUI for wildfire.
5.Describe the expected outcome of the education in terms of increased or changed
public awareness about wildfire.
Project Tracking Number: 20-FP-FKU-0104 3
Answer only 1 set of questions from above, depending on your project; Fuel Reduction, Planning or
Education. (Please type in blank space below. Please note there is no space limitations).
Hazardous Fuel Reduction/Removal of Dead or Dying Tree Projects
The 263 acre, 5.4 mile long Auberry Road fuel break and the 234 acre, 4.8 mile
Peterson Road fuel break will run along established public roads. The Auberry Road
fuel break will be constructed east of the community of Auberry and directly north of the
Meadow Lakes and Bald Mountain communities. The Peterson Road fuel break will be
constructed east of the Shaver Springs community and south of the Cressman
community. The community of Shaver Lake is just north of these fuel breaks and will be
protected by both fuel breaks.
There are an estimated 3,780 dead or dying trees within the two 400 foot shaded fuel
breaks. The objective of the fuel breaks will be to establish a break in fuel structure
measuring 200 feet on each side of the road measured from road centerline that will
maintain natural habitat, ecological elements, and healthy trees while providing a
strategic location for suppressing an approaching wildfire. Areas within the fuel breaks
with no remaining live conifers will be re-planted with conifers to provide shade in an
effort to slowdown brush growth. Ultimately, the shade provided within the fuel break
will minimize the frequency at which maintenance needs to occur. The fuel breaks will
provide a strategic location for fire suppression personnel to combat a wildfire and for
aerial retardant to be applied. The fuel breaks will also allow for the staging of engines
and equipment. The majority of both fuel breaks are directly adjacent to several private
residences within the WUI. In areas where the fuel breaks are directly adjacent to the
WUI, the project will expand the defensible space for property owners. The County’s
goals are as follows:
•Protection of all cultural and biological resources in accordance with the California
Forest Practice Rules.
•Preserving live trees greater than 9” at DBH.
•Retention and spacing of seedlings and saplings.
•Removal of all dead and dying trees utilizing lumber and/ or biomass markets.
•Eliminating the horizontal and vertical continuity of fire fuels through:
o Thinning of dense tree stands up to an average of 20 foot crown spacing.
o Removal of ladder fuels
o Treating brush
o Grinding or masticating of ground fuels unsuitable for biomass utilization.
The locations of the fuel breaks will provide wildfire defense for the following assets as
well as structures:
•Road maintenance and operations yards
•Meadow Lakes Radio Tower
•PG&E and Southern California Edison transmission and distribution lines
•Sheriff’s Substation
Project Tracking Number: 20-FP-FKU-0104 4
•United States Forest Service infrastructure
•Pineridge Elementary and Foothill Middle Schools
•County libraries
The scale of both fuel break projects are appropriate to meet the goals and objectives
mentioned above. The length of the fuel breaks are necessary to defend the
communities of Auberry, Meadow Lakes, Bald Mountain, Shaver Springs, Cressmans
and Shaver Lake. The width of the project is appropriate to maximize protection for fire
suppression personnel and to slow and/or stop the advancement of a wildfire. The
defensible landscape being proposed will be a shaded fuel break to maintain
forestlands, habitat, and increase carbon sequestration. The locations of the fuel
breaks will be adjacent to heavily utilized public road systems which will provide fire
suppression access.
Rio Bravo, Fresno, is the local biomass purchaser in Fresno County. The 25 megawatt
biomass facility in Fresno accepts renewable biomass to produce electricity. The
County anticipates bidding out the project and strongly recommending to interested
contractors to grind non-merchantable material near the project site and hauling it to the
Rio Bravo plant. Grinding material on-site and hauling chips to Rio Bravo has been
proven an economical alternative to open burning and also reduced greenhouse gas
emissions on previous projects. The only other alternative to dispose of non-
merchantable logs and debris would be to pile and burn.
B.Relationship to Strategic Plans
Does the proposed project support the goals and objectives of the California Strategic
Fire Plan, the local CAL FIRE Unit Fire Plan, a Community Wildfire Protection Plan
(CWPP), County Fire Plan, or other long term planning document? (Please type in blank
space below. Please note there is no space limitations).
The proposed projects support the goals and objectives of the Fresno County Tree
Mortality Task Force, California Strategic Fire Plan, local CAL FIRE Unit Fire Plan, and
the 168 Fire Safe Council Community Wildfire Protection Plan.
C.Degree of Risk
1.Discuss the location of the project in relation to areas of moderate, high, or very high
fire hazard severity zone as identified by the latest Fire and Resource Assessment
Program maps. Fire hazard severity zone maps by county can be accessed at:
http://www.fire.ca.gov/fire_prevention/fire_prevention_wildland_zones_maps.php
2.Describe the geographic proximity of the project to structures at risk to damage from
wildfire in the WUI. (Please type in blank space below. Please note there is no space
limitations).
Project Tracking Number: 20-FP-FKU-0104 5
The fuel breaks fall within the tree mortality tier one and tier two high hazard zones and
within the Very High Hazard Severity Zone. There are an estimated 3,780 structures
and 4,500 dead and dying trees within the project area.
D. Community Support
1. Does the project include any matching funds from other funding sources or any in-
kind contributions that are expected to extend the impact of the proposed project?
2. Describe plans for external communications during the life of the project to keep the
effected community informed about the goals, objectives and progress of the project.
Activities such as planned press releases, project signage, community meetings,
and field tours are encouraged.
3. Describe any plans to maintain the project after the grant period has ended.
4. Does the proposed project work with other organizations or agencies to address fire
hazard reduction at the landscape level?
(Please type in blank space below. Please note there is no space limitations).
The County has contributed a 1.0 Full Time Equivalent (FTE) position to the County’s
Tree Mortality/Forest Health Program for the last 6 years. The County is prepared to
continue contributing 1.0 FTE to fulfill the Program’s tree mortality and healthier forests
mission. Duties include, but are not limited to, writing the prescription to establish the
two new fuel breaks along with the RPF, grant administration, bidding to hire
contractors, prioritization of projects, coordination, project oversight, and one point of
contact with partner agencies. Maintaining these fuel breaks will continue after the
grant period has ended. Should this grant proposal be approved, the County will hold
community meetings to notify the public of the proposed fuel breaks.
This project meets the goals and objectives of the Fresno County Tree Mortality Task
Force which includes representatives from: 168 Fire Safe Council, Oak to Timberline
Fire Safe Council, Cal Trans, Fresno County Sheriff, Fresno County Ag, CAL FIRE,
Fresno County OES, Fresno County Public Works & Planning, PG&E, Sierra Nevada
Conservancy, Sierra Resource Conservation District, So. Cal. Edison, USFS-Sequoia,
and USFS-Sierra.
This project will increase the effectiveness of the existing fuel breaks adjacent to these
communities. The larger landscape fuel breaks will continue to be constructed by CAL
FIRE, USFS, Oak to Timberline Fire Safe Council, and the 168 Fire Safe Council. This
fuel break system is currently being expanded and dead and dying trees are being
removed using various funding sources from State and Federal agencies. CAL Trans is
removing trees along highways 168 which traverse through this project area.
External communications with community groups include media releases, public
meetings, and status updates on the County's website.
Project Tracking Number: 20-FP-FKU-0104 6
E.Project Implementation
1.Discuss the anticipated timeline for the project. Make sure to take seasonal
restrictions into account.
2.Verify the expected timeframes to complete the project will fall under the
March 15, 2024 deadline.
3.Describe the milestones that will be used to measure the progress of the project.
4.Describe measurable outcomes (i.e. project deliverables) that will be used to
measure the project’s success.
5.If applicable, how will the requirements of the California Environmental Quality Act
(CEQA) be met?
(Please type in blank space below. Please note there is no space limitations).
The County of Fresno has contracts in place with 17 Registered Professional Foresters
and 20 Licensed Timber Operators. Should this application be approved and funded,
the County anticipates this project will be completed no later than March 15, 2026;
however, the County can also complete the project by March 15, 2025 if the funding
source requires it. The County is prepared to commence both fuel breaks at the same
time. The County will place three separate sets of time-lines and milestones on this
project. The first time-line and milestone will be placed on securing Rights of Entry
(ROE) permits to work on areas that are privately owned outside of the County’s right-
of-way. The second time-line and milestone will be placed on working with the
Registered Professional Foresters to produce the necessary environmental clearance
documents, treatment prescription, and releasing bid documents for the creation of the
fuel breaks. The third time-line and milestone will be assigned to the selected LTOs to
track completed progress, on a per acre and linear mile basis, by certain deadlines.
These milestones will be assigned progress deadlines at 25%, 50%, 75% and 100%
completion.
Within 1-4 months of grant award, the County will have the necessary signed ROE’s to
enter private property to begin flagging the boundaries. Within 6 months of grant award,
RPF files appropriate CEQA and harvest document(s). At 7 months post grant award,
LTO(s) will be selected and can start working on the projects. Following the progress
made by the LTO(s), material that is not suitable for biomass use will be masticated into
the ground.
F.Administration
1.Describe any previous experience the project proponent has with similar projects.
Include a list of recent past projects the proponent has successfully completed if
applicable. Project proponents having no previous experience with similar projects
should discuss any past experiences that may help show a capacity to successfully
complete the project being proposed. This may include partnering with a more
experienced organization that can provide project support.
2.Identify who will be responsible for tracking project expenses and maintaining project
records in a manner that allows for a full audit trail of any awarded grant funds.
Project Tracking Number: 20-FP-FKU-0104 7
(Please type in blank space below. Please note there is no space limitations).
On January 29, 2016, the County of Fresno was awarded SRA grant #5GS15103 for
the Miramonte / Pinehurst fuel reduction project and SRA grant #5GS15104 for the
Meadow Lakes / Shaver Lake fuel reduction project. The County successfully
completed both projects and is in closeout mode for these grants.
In early 2017, the County of Fresno was awarded 13 SRA grants for dead and dying
tree removal and disposal projects. As of November 30, 2018, all 13 of these projects
have been completed and funds expended.
In 2018, and early 2019, the County was awarded additional CCI Fire Prevention
Program Grant (FPP) dollars for hazardous tree and fuels removal projects.
The County was also awarded CDAA funds from CalOES to continue removing dead
and dying trees around County maintained roads and infrastructure.
The position assigned to all tree mortality SRA/FPP/CDAA grants continues to be
assigned to the Program, going on 6 years. This individual has over 16 years of grant
management experience which includes the application process, working directly with
the RPF, property owners, bidding and contracting for tree removal and disposal
services, preparing claims for reimbursement and progress reports, tracking expenses,
and maintaining project records in a manner that allows for a full audit trail. Experience
also includes knowledge of available wood utilization and disposal markets to ultimately
lower greenhouse gas emissions.
G.Budget
A detailed project budget should be provided in an Excel spreadsheet attached to this
grant application. The space provided here is to allow for a narrative description to
further explain the proposed budget.
1.Explain how the grant funds, if awarded, will be spent to support the goals and
objectives of the project. If equipment grant funds are requested, explain how the
equipment will be utilized and maintained beyond the life of the grant.
2.Are the costs for each proposed activity reasonable for the geographic area where
they are to be performed? Identify any costs that are higher than usual and explain
any special circumstances within the project that makes these increased costs
necessary to achieve the goals and objectives of the project.
3.Is the total project cost appropriate for the size, scope, and anticipated benefit of the
project?
4.Identify all Indirect Costs and describe why they are necessary for a successful
project implementation. Administrative expenses to be paid by the Fire Prevention
Grants must be less than 12% of the total grant request (excluding equipment).
5.Explain each object category in detail and how that would support meeting the grant
objectives.
(Please type in blank space below. Please note there is no space limitations).
Project Tracking Number: 20-FP-FKU-0104 8
This application solicitation is for $4,074,000.
Grant funds will utilized to contract for an RPF to file and insure all necessary CEQA
and Forest Practice Rules requirements are met. The RPF will also insure resource
protection and layout are conducted, perform contractor oversight along with County
staff, as well as insure the fuel break prescriptions and objectives are met. The RPF will
also be in communication with property owners to explain the project and the benefits it
will yield.
Grant funds will be utilized to contract for an LTO(s) with the appropriate equipment,
experienced personnel, acceptable references, and an understanding of the vision and
expectations of the County. This is necessary to successfully build functional and
effective fuel breaks in the most economical and safe fashion. LTO costs typically
include harvesting, hauling costs, and the processing of material for biomass utilization,
and machine piling and mastication of material unsuitable for biomass
The County has gained additional experience contracting with Licensed Timber
Operators and has become more familiar with market rates and trends. The County
does not anticipate costs that are higher than usual; however, there may be a shortage
of LTO’s due to wildfire recovery efforts State-wide. A total of 12% in Administration is
being budgeted to allow the County to offset staff time including, but not limited to, GIS
services, procurement, ROE mailing, traffic control review, assessments, and staff
meetings with partners. The County does not anticipate the need to purchase
equipment.
The County’s goal is to reduce the risk of wildland fires and protect habitable structures,
communities, infrastructure, and to maximize carbon sequestration in healthy wildland
habitat and minimizing the uncontrolled release of emissions emitted by wildfires.
H.California Climate Investments
The space provided here is to allow for a narrative description to further explain how the
project/activity will reduce Greenhouse Gas emissions.
1.How will the project/activity reduce Greenhouse Gas emissions?
2.Is the project located in a Low-Income or Disadvantaged Community? If not, does
the project benefit those communities. Please explain.
3.What are the expected co-benefits of the project/activity (i.e. environmental, public
health and safety, and climate resiliency)?
4.When are the Greenhouse Gas emissions and/or co-benefits expected to occur and
how will they be maintained?
(Please type in blank space below. Please note there is no space limitations).
The regional drought mortality, minimal forest management on Federal lands, and
devastating high intensity like that of the Creek Fire, continue to pose a major threat to
Project Tracking Number: 20-FP-FKU-0104 9
the communities of Auberry, Meadow Lakes, Bald Mountain, Shaver Springs,
Cressmans, and Shaver Lake.
There is no doubt that the prevention of a wildfire is the best-case scenario for
minimizing greenhouse gas emissions. The early containment of a wildfire is the
second best scenario to minimizing greenhouse gases from wildfire emissions. Green
house gas emissions resulting from the Creek Fire were unprecedented.
Introducing biomass utilization as part of the treatment for the fuel breaks instead of
open burning will significantly reduce greenhouse gas emissions normally associated
with open burning of this material; and electricity will be produced. The project is not
located in a low-income or disadvantaged community; however, smoke from prior fires
has traveled for miles and has affected these communities in the past. A wildfire will
significantly affect air quality in many of these communities, which often lie beneath the
inversion layer where poor air quality is proven to have a negative effect on health and
wellness.
Tracking #:20-FP-FKU-0104
Project Name:Auberry Road and Peterson Road Fuel Breaks
Budget
Category
Item Description Total
($)
Quantity Units Cost/Unit Grant Grantee Partner Grant Grantee Partner(s)
Staff Analyst - Grant Mgt 1900 Hours 37$ 0%100%0%-$ 70,300$ -$ 70,300$
0 Days -$ 0%0%0%-$ -$ -$ -$
0 Hours -$ 0%0%0%-$ -$ -$ -$
0 Hours -$ 0%0%0%-$ -$ -$ -$
0 Hours -$ 0%0%0%-$ -$ -$ -$
-$ 70,300$ -$ 70,300$
Staff Analyst - Grant Mgt 1 Each 39,000$ 0%100%0%-$ 39,000$ -$ 39,000$
0 Days -$ 0%0%0%-$ -$ -$ -$
0 Hours -$ 0%0%0%-$ -$ -$ -$
0 Hours -$ 0%0%0%-$ -$ -$ -$
0 Hours -$ 0%0%0%-$ -$ -$ -$
-$ 39,000$ -$ 39,000$
Registered Professional Forester 2500 Report 135$ 100%0%0%337,500$ -$ -$ 337,500$
Licensed Timber Operators 11 Contract 300,000$ 100%0%0%3,300,000$ -$ -$ 3,300,000$
Contract 100%0%0%-$ -$ -$ -$
0 Acres -$ 0%0%0%-$ -$ -$ -$
0 Miles -$ 0%0%0%-$ -$ -$ -$
3,637,500$ -$ -$ 3,637,500$
D. Travel & Per Diem:
0 Days -$ 0%0%0%-$ -$ -$ -$
0 Days -$ 0%0%0%-$ -$ -$ -$
0 Days -$ 0%0%0%-$ -$ -$ -$
0 Days -$ 0%0%0%-$ -$ -$ -$
-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
-$ -$ -$ -$
G. Other Costs
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
0 Each -$ 0%0%0%-$ -$ -$ -$
-$ -$ -$ -$
3,637,500$ 109,300$ -$ 3,746,800$
12%436,500$ 436,500$
4,074,000$ 109,300$ -$ 4,183,300$
-$ -$
4,074,000$ 109,300$ -$ 4,183,300$
Funding Source
($)
Cost Share
(%)
B. Employee Benefits
A. Salaries and Wages
Project Budget
C. Contractual
Sub-Total Employee Benefits:
Sub-Total Salaries and Wages:
Cost Basis
Sub-Total Equipment:
F. Equipment
Sub-Total Travel & Per Diem:
Sub-Total Contractual:
Total Grant Proposed Costs
Sub-Total Other Costs
Total Direct Costs
E. Supplies
Sub-Total Supplies:
Less Program Income
Total Project Costs
Indirect Costs (Exclude Equipment)
AkH
AkHMEADOW LAKE NORTH
36 Acres
PETERSON ROAD FUEL BREAK
234 Acres
RADIO LANE
65 Acres
CRESSMAN
237 Acres
SUGARLOAF
144 Acres
ACORN
143 Acres
AUBERRY ROAD FUEL BREAK
263 Acres
ALDER HEIGHTS
35 Acres
SHAVER_WEST_FUEL_BREAK
552 Acres
SHAVER SPRINGS CDF
67 Acres
MUSICK
399 Acres
BEAL
207 Acres
SHAVER SOUTH DFZ
395 Acres
AUBE
R
R
Y
PETERSONTOLLHOUSEAuberry Road and Peterson Road Fuel Breaks
Date: April 07, 2021
0 10.5
Miles
Proposed Project
SRA
FRA
Road Hazard Removal
Fuel Break - Forest Service
Fuel Break In Maintenance
Legend
Disclaimer:
While every effort has been made to ensure the accuracy of the map,
the map producer is not responsible for any errors or omissions.
The displayed map is for informational and graphical purposes only.
20-FP-FKU-0104
STATE OF CALIFORNIA
NONDISCRIMINATION COMPLIANCE STATEMENT
STD . 19 (Rev. 1012019)
COMPANY NAME
County of Fresno
The company named above (herinafter referred to as "prospective contractor") hereby certifies, unless
specifically exempted, compliance with Government Code Section 12990 (a-f) and California Code of
Regulations, Title 2, Division 4, Chapter 5 in matters relating to reporting requirements and the
development, implementation and maintenance of a Nondiscrimination Program. Prospective contractor
agrees not to unlawfully discriminate, harass or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical disabil ity
(including HIV and AIDS), medical condition (cancer), age (over 40), marital status , denial of family
care leave and denial of pregnancy disability leave.
CERTIFICATION
I, the ofjicial nmned below, hereby swear that I am duly authorized to legally bind the prospective
con tra ctor to the above described certification. I am fully aware that this cert(fication, executed on the
date and in the county below, is made under penalty of perjury under the laws of the State of
California .
OFFICIAL'S NAME
Steve Brandau , The Chairman of the Board of Supervisors of the County of Fresno
DATE EXECUTED
~~,n~ "~Zll="
EXECUTED IN THE COUNTY OF
Fresno
PROSPECTIVE CONTRAC R'S TITLE ~w~ ,~bs~
PROSPECTIVE CONTRACTOR'S LEGAL BUSINESS NAM~
~~ ~ l:,cUSn,Q ______________ _ 7 D ATTEST:
BERNICE E . SEIDEL
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (Rev.10/2019)
CERTIFICATION
I, tiJe official named below, hereby swear that I am duly authorized legally to bind the contractor or
grant recipient to the certification described below. I am fully aware that this certification, executed
on the date below. is made under penalty of perjury under the laws of the State of California.
ATTEST: ----------·------
CONTRACTOR/BIDDER FIRM NAME FEDERAL 10 NUMBER
------------
DATE EXECUTED
-----+-_l.2-_Jj I WLL ----
TELEPHONE NUMBER ~udeArea Code )
( 559 ) 600-4064
----·-----··--• ··-··-·-•-··-·-·--------------------------------------------------TITLE
The Chairman of the Board of Supervisors of the County of Fres no ------------------------------
CONTRACTOR/BIDDER FIRM'S MAILING ADDRESS
P.O .Box 11867, Fresno CA 93 775
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355
in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will :
1. 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 , as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b). to inform
employees about all of tl1e following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace ,
(c) Any available counseling, rehabilitation and employee assistance programs, and
(cl) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed
contract or grant:
4.
(a) Will receive a copy of the company's drug-free workplace policy statement. and
(b) Will agree to abide by the terms of the company's statement as a condition of employment on
the contract or grant.
I I · f h f cl f I "D E I" d. .1 March 15 , 2025 At t 1e e ect1on o t e contractor or grantee , Tom an a ter t 1e ate xecutec an unt1 ---,,,-=:----<o Are::J (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants
entered into between the contractor or grantee and this state agency without requiring the contractor or
grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee
elects to fill in the blank date, then the terms and conditions of this certificate shall have th e same force,
meaning, effect and enforceability as if a certificate were separately, specifically, and individually provided
for each contract or grant between the contractor or grantee and this state agency.
California Department of Forestry and Fire Protection (CAL FIRE)
Name/No.: YR 2025 – Auberry Road and Peterson Road Fuel Breaks Grant
Agreement (No. 5GA20111)
Organization #: 55125205
Board date: 12/14/21
SUBJECT: California Department of Forestry and Fire Protection grant funds
Fire Protection grant revenue will be deposited into Org 55125205, Fund 0001, Sub 10000, Acct
3572