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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 nn !! Q SltNATURE DATE AA N C4 PRINT NAME C l ry of AuBa,enl ORGANIZATION ❑ Check here if serving as the fiscal sponsor for the project 4 M 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.