HomeMy WebLinkAboutRose Foundation Grant201 4TH STREET, SUITE 102, OAKLAND, CA 94607
ROSE(o)ROSEFDN.ORG
04/23/2018
Nancy Backus, Mayor
City of Auburn Parks Department
910 9th Street SE
Auburn, WA 98002
Dear Nancy,
ROSE
FOUNDATION
for COMMUNITIES
;indth. ENVIRONMENT
a�YEARS
WWW.ROSEFDN.ORG
OFFICE: 510.658.0702
FAX: 510.658.0732
Grant Contract
Puget Sound Stewardship & Mitigation
I'm happy to inform you that the Rose Foundation's Board of Directors has approved a grant of .
$18,246.00 to City of Auburn Parks Department for Fenster Nature Park Community Planting.
This grant is awarded through the Puget Sound Stewardship and Mitigation Fund, which was
created by a record legal settlement between the Puget Soundkeeper Alliance and Burlington
Northern Santa Fe (BNSF) Railway, and has since been supplemented by several other pollution
mitigation payments including SSA Terminals, Whitley Evergreen, Rainier Petroleum
Corporation and Louis Dreyfus Company. More recently we received mitigation funds from
Cargill, and another record settlement payment from BNSF, which involved Soundkeeper
numerous other waterkeepers and the Sierra Club. The Fund's goal is to mitigate past pollution
runoff by supporting community-based efforts to protect or improve the water quality of Puget
Sound. In order to recognize Puget Soundkeeper Alliance's role in generating these funds for the
community, this letter will specify language that you need to use in public communications
related to the grant. Please see the Additional Conditions & Restrictions section for signage
guidelines.
This letter will serve as the grant contract. To acknowledge receipt of this grant and to accept its
terms, please read, sign and return this grant contract at your earliest convenience. Contracts can
be returned by mail, fax or email. Please keep a copy of the grant contract for your permanent
records.
Once we have received a signed copy of this grant contract, a grant payment will be sent by US
Postal Service to the address above. We reserve the right to cancel this grant if a signed copy of
the grant contract is not received by the Rose Foundation within 60 days of the date of this letter.
Grant Requirements
The undersigned certifies that all activities conducted with these grant funds shall qualify as
exempt activities under Section 501(c)(3) of the Internal Revenue Code, and agrees:
• Funds will only be expended in accordance to the provisions stated in the 03/02/2018
application.
• To repay any portion of the amount granted which is not used for the furtherance of the
project(s) referenced above. If the Foundation determines that grantee is not capable of
satisfactorily completing the work of the grant, the Foundation may, at its discretion,
demand repayment of grant funds, withhold payment of future grant funds and/or declare
the grant terminated.
• To notify the Foundation immediately of any change in its tax or legal status, including
but not limited to federal or state tax exemption; or any change to the executive staff, or
to staff responsible for achieving the grant purposes;
• Not to expend any of these funds for any purpose other than religious, charitable,
scientific or educational within the meaning of Internal Revenue Code Section
170(c)'(2)(B).
• Not to expend any of these funds on lobbying activities whatsoever, nor for
electioneering activities such as endorsing, campaigning, or otherwise supporting elected
officials or candidates for public office.
• To make its books available to the Foundation upon reasonable advance notice during the
grant period and for one year following the termination of the grant.
• If in the sole judgment of the Foundation any contingencies required under this grant are
not fulfilled within the grant period, the grant shall expire, and the Foundation can
demand full or partial repayment of grant funds.
Additional Conditions & Restrictions:
1. Any signage or publicly distributed materials related to a project must display the
following acknowledgement:
Support for (Project Name) was provided by the Puget Sound Stewardship and
Mitigation Fund, a grantmaking fund created by the Puget Soundkeeper Alliance and
administered by the Rose Foundation for Communities and the Environment.
2. You are encouraged to notify the Puget Soundkeeper Alliance at
psa@pugetsopndkeeper.org two weeks before any significant volunteer
opportunities -so they can coordinate with you and possibly provide volunteers to
help with the event.
Reporting Requirements
You are required to report on the activities that you conducted with this grant. Your report due
dates are as follows:
10/31/2019
Please note that if you wish to reapply for a grant from this Fund, then the final report for this
grant will be due before considering your organization for new funding (groups can reapply to a
fund once every 12 months).
To submit reports, please log onto our online application system at
www.rcisefdn.org/onlineapplication.
Fiscally Sponsored Projects
If your organization is fiscally sponsored by a 5016 organization, both the project and the fiscal
sponsor must sign and return the contract. We will send the contract to both the fiscal sponsor
and the project. Once we have received the contract from both the project and the fiscal sponsor,
the grant check will be mailed to the fiscal sponsor.
Public Acknowledgement of Grant
If it is appropriate, we would appreciate being listed as a source of financial assistance. Please
use our full name, "Rose Foundation For Communities and the Environment." You may also use
our logo, which can be downloaded at www.rosefdn.org/logo. Please also see Additional
Conditions & Restrictions above for signage guidelines.
Kevin Hendrick will be your program director for this grant. For all future communications, the
best way to reach him is by email at khendrick@rosefdn:org, or you can also contact me by
phone at (510) 658-0702.
Sincerely, _ ...
Tim Little
Executive Director
To Execute this Grant Contract
If you agree to these terms and conditions as outlined in this grant contact, please sign and return
this letter. To expedite the grant payment, you may sign, scan and return the grant contract via
email to grants@rosefdn.org or fax to (510) 658-0732. Or you may mail the signed contract to
the Rose Foundation; 201 4'h Street; Suite 102, Oakland, CA 94607. Please make a copy for
your records.met
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ORGANIZATION
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4
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CITY OF
,AUBURN
WASHINGTON
Agreement for Services
This Agreement is made effective as of S, er)tember 26. 2018, by and between EARTH CORPS ("EARTH
CORPS") and the CITY OF AUBURN ("CITY")- The parties agree as follows:
1. DESCRIPTION OF SERVICES. EARTH CORPS agrees to provide the consulting services, field work, and
volunteer coordination set forth in the Scope of Work attached hereto as Exhibit A, by this reference made a part
hereof, for the purposes of planting and maintaining native plants within the project arca at Fenster Nature Park.
2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay EARTH CORPS a total
not to exceed a fee of 517,375.00 pursuant to the project budget (Exhibit A) inclusive of expenses.
Notwithstanding its rate and payment provisions contained in its proposal for services, EARTH CORPS
understands and agrees that payments must go through City Council authorization at a regularly scheduled
Council meeting and as such, payment shall only occur after this authorization has been received.
3. EXPENSE REIMBURSEMENT. EARTH CORPS shall pa} all "out-of-pocket" expenses, and shall not be
entitled to reimbursement from the CITY except for specific services, items or activities listed in the Scope of
Services as reimbursable goods or services.
4. TERM/TERMINATION.
A. This Agreement is effective upon both parties' signatures, and expires at 11:59 p.m. on December 31,
2020, or upon completion of EARTH CORPS services, whichever is earlier, unless extended by mutual
agreement prior to the completion of all services.
B. Either parry may terminate the Agreement by notifying the other party in writing within seven (7)
days of the intent to terminate. If this Agreement is terminated, CITY shall pay EAR'1.1I CORPS for all work
performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. EARTH CORPS is an independent contractor with respect to the City of
Auburn, and not an employee of the CITY. The CITY will not provide fringe benefits, including health insurance
benefits, paid vacation, or any other employee benefit, for the benefit of the EARTH CORPS.
6, EMPLOYEES. The provisions of this Agreement shall also bind EARTH CORPS'S employees who perform
services for the CITY under this Agreement.
7. INDEMNIFICATION / HOLD HARMLESS. EARTH CORPS shall defend, indemnify and hold the CITY,
its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorneyfees, arising out of or resulting from the negligent acts, errors or omissions of EARTH
CORPS in performance of this Agreement, except for injuries and damages caused by the sole negligence of the
City. The CITY shall defend, indemnify and hold EARTH CORPS, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attomey fees, arising out
of or resulting from the negligent acts, errors or omissions of the CITY in performance of this Agreement, except
for injuries and damages caused by the sole negligence of EARTH CORPS. In the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of EARTH CORPS and the City, its officers, officials, employees, and volunteers, (collectively the
"Parties") the Parties' liability hereunder shall be only to the extent of each Party's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the Parties waiver of
immunity- under Industrial Insurance. Title 51 RCW, solely for the purposes of this indemnification. This
Page 1 of 4
AUBURN •MORE THAN YOU IMAGINED
waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8. IrNSURANCE. EARTH CORPS shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by EARTH CORPS; its agents, representatives; or employees.
A. Minimum Scope of Insurance: EARTH CORPS shall obtain insurance of the apes described
below:
I. Automobile Liability insurance covering all owned, non -owned. hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance shall be +yrit[en on ISO occurrence form CG OQ Ol
and shall cover liability arising from premises, operations; independent contractors and
personal injury and advertising injury. The CITY shall be named as an additional insured
under EARTH CORPS'S Commercial General Liability insurance policy +with respect to the
work performed for the CITY under this Agreement.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Professional Liabilitv insurance appropriate to EARTI I CORPS'S profession.
B. Minimum Amounts of Insurance: EARTH CORPS shall maintain the following insurance limits:
L Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1.000.000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1.000,000
each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1.000.000 per claim
and $1.000.000 policy aggregate limit.
C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability and Commercial General Liability insurance:
EARTH CORPS'S insurance coverage shall be primary insurance as respect to the CITY.
Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be
excess of EARTH CORPS'S insurance and shall not contribute with it.
2. EARTI-I CORPS'S insurance shall be endorsed to state that coverage shall not be cancelled
by either party, except after thirty (30) days prior written notice by certified mail, return
receipt requested; has been given to the CITY.
D. Acceptability- of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A: vll.
E. verification of Coverage: EARTH CORPS shall furnish CITY with original certificates and a copy
of the amendatory endorsements. including but not necessarily limited to the additional insured
endorsement. evidencing the insurance requirements of EARI-1-1 CORPS before commencement of
the work.
Page 2 of 4
9. ASSIGNMENT. EARTH CORPS'S obligations under this Agreement may not be assigned or transferred to
any other person, firm, or corporation without the prior written consent of the CITY.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
IF to EARTH CORPS:
Earth Corps
Alin; Bill Brosseau
6310 NE 74' Street, Suite 20l E
Seattle, WA 98115
IF to the CITY:
City of Auburn
Attn: Daryl Fabre
Director of Parks, Arts and Recreation
City of Auburn
25 W. Main Street
Auburn, WA 98001
Such address may be changed from time to time by either party by providing written notice to the other in the
manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no
other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any
prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in wTiting and is
signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW, This Agreement shall be governed b) the laws of the State of Washington. Venue for
any court action shall be in King County, Washington.
Page 3 of 4
The undersigned have read the above statements, understand them and agree to abide by their terms.
CITY OF AUBURN
Signed:'
Date: /('/ � I I
Address: 25 West Main Street
Auburn, WA 98001
Phone: 253-804-5044
Signed:
Date:
Address:
EARTH CORPS
6310 ne 74" Street
Seattle, WA 98115
Phone: 206-322-9296
Page 4 of 4
EARTH
CORPS
Scope of Work for:
Jamie Kelly, Parks Planning and Development Manager
City of Auburn Parks, Arts & Recreation
910 9th St. SE
Auburn, WA 98002
Tel: 253-931-4011
Email: jwkelly@auburnwa.gov
Date: REVISED 9/27/18
Name of Project: Fenster Nature Park -Stewardship
Agency Contract No.:
EarthCorps Project No.: 314-18-02
From:
William Brosseau
EarthCorps
6310 NE 74th Street
Suite 201E
Seattle, WA 98115
Tel: (206) 322-9296 x207
Fax: (206) 322.9312
Email: bill®earthcorps.org
Narrative Scope of Work:
An EarthCorps crew of 5-6 persons with tools, equipment and transportation will perform the following tasks at Fenster Nature Park: Task 1- Apply
water, approximately 2 -gals per plant, at the fall 2018 planting site where 1540 plants were installed. This task will be completed two time during
the summer (2019) and occur at the same time as task 2. Task 2- Apply herbicide around each plant (#1540) to control invasive and non native
plants from competing with the recently installed plants. NOTE: This scope assumes that the City of Auburn will provide access to a water source.
Labor
Crew Day(5-6 persons/vehicle/equipment)
$1.575.00
Crew Day- Herbicide Application (5-6 persons/vehicle/equipment)
Dates and Crew
Name
# Crew Days
or PM Hours
Daily or Hourly
I Rate
(Materials Costl
Subtotals
Task 1: Site Stewardship
Days in field:
2 $ 1,575.00
$ 3,150.00
Project Management
4 $ 75.00
$ 300.00
$
Materials
Task 2:
$ 3,450.00
Days in field:
3 $ 1.675.00
$ 5,025.00
Project Management
$ 75.00
$ -
Herbicide
$ 50.00
$ 50.00
Materials
$ 5,075.00
Crew Labor
$ 8,175.00
Project Management
$ 300.00
Materials
$ 50.00
Subtotal
$ 8,525.00
Materials & Handling Fee (10% of Total Materials)
$ 5.00
TOTAL FEE
$ 8,530.00
Sales Tax: 0.10
Location Cade: 1726
$ 853.00
TOTAL PAYABLE
$ 9,383.00
Fee Schedule
Labor
Crew Day(5-6 persons/vehicle/equipment)
$1.575.00
Crew Day- Herbicide Application (5-6 persons/vehicle/equipment)
$1,675.00
Project Manager/hour
$85.00
Field Technician/hour
$50.00
Field Trucks (3 ton dump truckl $75 da
Payment: invoiced monthly until completion, 30 day payment requested.
Scope of Work for:
Jamie Nelly. Parks Planning and Development Manager
City of Auburn Parks, Arts & Recreation
910 9th St. SE
Auburn, WA 98002
Tel: 253-931-4011
Email: jwkelly®auburnwa.gov
Date:
Name of Project:
Agency Contract No.:
Earth Corps Project No.:
REVISED 9/7/18
Fenster Nature Park
314-18-02
EARTH I
CORPS
From:
William erosseau
EarthCorps
6310 NE 74th Street
Suite 201E
Seattle, WA 98115
Tel: (206) 322-9296 2207
Fax: (206) 322.9312
Email: bill®earthcorps.org
Narrative Scope of Work:
EanhCorps will conduct the following tasks at Fenster Nature Park: Task 1 -An EarthCorps crew of 5.6 persons will prepare the planting area for an
upcoming volunteer event by scalping or pre digging planting holes using an auger.' Crew would also be available to receive and place the plants
onsite. Task 2- EarthCorps will conduct a 41-60 person volunteer event that includes volunteer recruitment coordination with agency, online
registration, pre -event coordination, event leadership. and post event follow up. $pg.2419_Vylynteer Event Management Rate Sheet for mare dela Is.
Task 3- An EarthCofps crew of 5-6 persons will return to the site to complete planting and mulching and conduct quality control after the volunteer
event planting `NOTE: The City of Auburn will provide the porta-toilet pre, during and post volunteer event; order and deliver plants to the site:
delivery approximately 50 cu yards of arborist Chip mulch to the site (adjacent to the planting area): deliver 4-5 cu yards of Soil (adjacent to the
lantin areal.
Labor
Crew Day (S6 persons/van/equipment)
Dales and Crewl
Name
0Crew Days
or PM Hours
I Daily or Hourly
Rate
Materials Cost
Subtotals
Task 1: Pre and Post Volunteer Event Prep
Days in field: 11/16 1 $ 1,500.00
$ 1,500.00
Project Management 10 $ 75.00
$ 750.00
$
$
Materials
$
$
Task 2: Volunteer Event 41-60 Persons
$ 2.250.00
Days in field: 11/17 1 $ 1,865.00
$ 1,865.00
Project Management - $ 75.00
$
$
Materials
Task 3: Post Volunteer Event
$ 1,865.00
Days in field: 11/19 & 11/20 2 S 1,500.00
$ 3,000.00
Project Management 2 $ 75.00
$ 150.00
$
Materials
$
$
$ 3.150.00
Crew Labor
$ 6,365.00
Project Management
$ 900.00
Materials
$
Subtotal
$ 7,265.00
Materials & Handling Fee (10% of Total Materials)
$
TOTAL FEE
$ 7,265.00
Sales Tax: 0.10 Location Code: 1726
$ 726.50
TOTAL PAYABLE
$ 7,991.50
Fee Schedule
Labor
Crew Day (S6 persons/van/equipment)
$1.500.00
Project Manager/hour
$75.00
Field Technician/hour
$30.00
Field Trucks (40 pick u 3 ton dump truck) $75 da
Payment invoiced monthly until completion. 30 day payment requested.