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Columbia Land Trust ~ 32500068 ~ Backyard Habitat Certification Program In The City Of Tigard CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: 32500068 Contract Start Date: 7/1/2025 Contract End Date: 6/30/2028 Contract Title: Backyard Habitat Certification Program in the City of Tigard Contractor Name: Columbia Land Trust Contract Manager: Gary Pagenstecher Department: CD Contract Costs Original Contract Amount: $75,873.00 Total All Previous Amendments: n/a Total of this Amendment: n/a Total Contract Amount: $75,873.00 Procurement Authority Contract Type: Grant Agreement Procurement Type: n/a – Grant Agreement Solicitation Number: n/a LCRB Date: n/a Account String: Fund-Division-Account Work Order – Activity Type Amount FY 26 1003000-54001 $24,306.00 FY 27 1003000-54001 $25,278.00 FY 28 1003000-54001 $26,289.00 FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: Grant agreement – amounts should be spent in full annually. DocuSign Routing Route for Signature Name Email Address Contractor Ian Sinks isinks@columbialandtrust.org City of Tigard Rob Drake Rob.drake@tigard-or.gov Final Distribution Contractor Ian Sinks isinks@columbialandtrust.org Contractor Katherine Noble knoble@birdallianceoregon.org Project Manager Gary Pagenstecher garyp@tigard-or.gov Buyer Rosie McGown Rosie.mcgown@tigard-or.gov Tigard Contract 32500068 GRANT AGREEMENT BACKYARD HABITAT CERTIFICATION PROGRAM IN THE CITY OF TIGARD This Agreement (“Agreement”) is made by and between the City of Tigard, an Oregon municipal corporation (“City”), and Columbia Land Trust (“Agency”), an Oregon non-profit corporation. City and Agency may be jointly referred to herein as the “Parties” or individually as a “Party.” RECITALS 1. WHEREAS, the City of Tigard is responsible for maintaining the ecological functions of its publicly owned natural resource areas including vegetated corridors, wetlands, and upland habitats, the majority of property in the city is privately owned and unregulated for its potential contribution for integrated ecological system management and sustainability. 2. WHEREAS, the Columbia Land Trust and Bird Alliance of Oregon, a nonprofit charitable organization granted authority as a tax-exempt qualified IRS 501c3 corporation operating within Washington County, Oregon, operates the Backyard Habitat Certification Program (BHCP) to provide technical assistance, incentives, resources, and recognition to private property owners to restore native wildlife habitat, control noxious weeds, reduce pesticides, and manage stormwater at home. 3. WHEREAS, the BHCP program is designed to increase effective management of privately- held lands by partnering with communities and by leveraging the time, labor and skills of nearly 90 volunteers and 6,800 program participants to accomplish crucial ecological outcomes, while fostering lasting behavior change and an ethic of stewardship. 4. WHEREAS, the Columbia Land Trust and Bird Alliance of Oregon launched the expansion of the Backyard Habitat Certification Program (BHCP) into the city of Tigard in 2019 to provide assistance and incentives to residents with small lots (an acre or smaller) who seek to restore native wildlife habitat to their backyards. 5. WHEREAS, the site stewards (program participants) are inspired to contribute to a healthy regional ecosystem through information provided throughout the course of the program including tips for natural gardening, information on the benefits of weed removal and native plantings, on-site stormwater management, and how each of these works together to keep our water and air clean, while providing crucial habitat for wildlife; and 6. WHEREAS, in order to continue to facilitate private property stewardship to improve the ecological health of the city through the BHCP with funding allocated through Community Development’s General Fund account, the Parties wish to enter into this Agreement. AGREEMENT NOW, THEREFORE, as stated in the foregoing recitals and in the consideration of the term, conditions, and covenants set forth below, the Parties agree as follows: Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E 2 Backyard Habitat Certification Program in the City of Tigard 32500068 1. TERM. This Agreement is effective upon signature by both Parties and expires on June 30, 2028. All work under this agreement must be completed prior to the expiration of this Agreement. The Agreement may be terminated or modified as provided in this Agreement. 2. CITY RESPONSIBILITIES. A. City will distribute $75,873 (“Funds”) to the Agency in exchange for Agency carrying out its grant obligations set forth in Section 3 of this Agreement (“Agency Responsibilities”) and as identified in the Program Budget in Exhibit B. B. City distributions of Funds will be made upon review and approval of Agency’s request for reimbursement. 1) Recipient may request disbursement twice per year, once in January for activities performed in the previous period between July 1 and December 31 and once in July for activities performed in the previous period between January 1 and June 30. 2) To request reimbursement, Agency must submit an itemized invoice showing current and cumulative costs by budget category as identified in Exhibit B. 3) This invoice must include documentation of reimbursement expenses. C. City will review all reports promptly and request any clarifying documentation or information from the Agency. 3. AGENCY RESPONSIBILITIES. A. Agency will conduct or cause the Backyard Habitat Certification Program activities provided in Exhibit A (the “Scope of Work”), made and incorporated herein, to be conducted in accordance with this Agreement. B. Agency will supervise or cause the proper supervision of any Scope of Work activities and be responsible for all participants. Agency is responsible for all activities being conducted in a safe and careful manner. Safe and careful manner includes Agency’s obligation to ensure the activities comply with all applicable federal, state, and local laws, regulations, and orders. C. Agency may expend up to fifteen percent of grant funds received for administrative costs in executing the Scope of Work. D. Agency will submit its final report no later than one month following the expenditure of all Funds. E. Agency will promptly provide any additional documentation requested in writing by City in relation to the expenditure of the Funds or other obligations under this Agreement. 4. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws; and rules and regulations on non-discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, or handicap. In addition, each Party agrees to comply with all federal, state, and local laws, regulations, and orders that are applicable to the services provided under this Agreement. Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E 3 Backyard Habitat Certification Program in the City of Tigard 32500068 5. INDEPENDENT CONTRACTOR. Each Party is an independent contractor with regard to each other Party and agrees that the performing Party has no control over the work or the manner in which it is performed. No Party is an agent or employee of any other. Nothing herein is intended, nor may it be construed, to create between the Parties any relationship of principal and agent, partnership, joint venture or any similar relationship, and each Party hereby specifically disclaims any such relationship. 6. TERMINATION WITHOUT CAUSE. At any time and without cause, City has the right in its sole discretion to terminate this Agreement by giving notice to Agency. If City terminates this Agreement pursuant to this paragraph, City will pay Agency for Program activities through the date of termination. 7. TERMINATION FOR CAUSE. City may terminate this Agreement, in whole or in part, immediately upon written notice, or at such later date as may be established in such a notice, to Agency upon the occurrence of the following events: Agency commits any material breach or default of any covenant, warranty, obligation, certification or agreement under this Agreement; fails to perform the work or services under this Agreement within the time specified herein or any extension thereof; or so fails to pursue the work or services as to endanger the performance under this Agreement in accordance with its terms. In the event this Agreement is terminated, Agency will return any unspent or unobligated funds to City within 14 days of termination. 8. CHANGES. Modifications to this Agreement are valid only if made in writing and signed by the Parties. 9. INDEMNIFICATION. Agency agrees to hold harmless, defend, and indemnify the City, including its officers, agents, and employees, against all claims, demands, penalties, actions, and suits (including the cost of defense thereof and all attorney fees and costs, through all appeals) arising from the performance of this Agreement where the loss or claim is attributable to the misconduct or negligent acts or omissions of Agency or its officers, employees, or agents. 10. INSURANCE. Agency and its subcontractors must maintain insurance acceptable to City in full force and effect throughout the term of this Agreement. Such insurance must cover risks arising directly or indirectly out of Agency’s activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Agency must provide at least the following limits and coverages: A. Commercial General Liability Insurance Agency will obtain, at Agency’s expense, and keep in effect during the term of this Agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an “occurrence” form (CG 2010 1185 or equivalent). This coverage must include Contractual Liability insurance for the indemnity provided under this Agreement. The following insurance will be carried: Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E 4 Backyard Habitat Certification Program in the City of Tigard 32500068 Coverage Limit General Aggregate $2,000,000 Each Occurrence $1,000,000 B. Commercial Automobile Insurance Agency must also obtain, at Agency’s expense, and keep in effect during the term of the Agreement, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles on an “occurrence” form. The Combined Single Limit per occurrence may not be less than $1,000,000. If Agency uses a personally-owned vehicle for business use under this Agreement, the Agency will obtain, at Agency’s expense, and keep in effect during the term of the Agreement, business automobile liability coverage for all owned vehicles on an “occurrence” form. The Combined Single Limit per occurrence may not be less than $1,000,000. C. Workers’ Compensation Insurance The Agency, its subcontractors, if any, and all employers providing work, labor, or materials under this Agreement that are subject employers under the Oregon Workers' Compensation Law must comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Agencies who perform work without the assistance or labor of any employee need not obtain workers’ compensation coverage. All non-exempt employers must provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. D. Additional Insured Provision All required insurance policies, other than Workers’ Compensation and Professional Liability, must name the City its officers, employees, agents, and representatives as additional insureds with respect to this Agreement. E. Insurance Carrier Rating Coverages provided by the Agency must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. F. Self-Insurance The City understands that some Agencies may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If Agency is self-insured for commercial Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E 5 Backyard Habitat Certification Program in the City of Tigard 32500068 general liability or automobile liability insurance, Agency must provide evidence of such self-insurance. Agency must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, Agency will furnish a Certificate of Insurance to the City. No Agreement is effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. H. Primary Coverage Clarification The parties agree that Agency’s coverage is primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. I. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability policies required by this Agreement. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office ContractsPurchasing@tigard-or.gov At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance will not be construed to limit Agency’s liability hereunder. Notwithstanding said insurance, Agency is obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 11. NO THIRD-PARTY BENEFICIARIES. Except as set forth herein, this Agreement is between the Parties and creates no third-party beneficiaries. Nothing in this Agreement gives or may be construed to give or provide any benefit, direct, indirect, or otherwise to third parties unless such third parties are expressly described as intended to be beneficiaries of its terms. Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E 6 Backyard Habitat Certification Program in the City of Tigard 32500068 12. REMEDIES, NON-WAIVER. The remedies provided under this Agreement are not exclusive. The Parties are entitled to any other equitable and legal remedies that are available. No waiver, consent, modification or change of terms of this Agreement will bind the Parties unless in writing and signed by all Parties. Such waiver, consent, modification or change, if made, will be effective only in the specific instance and for the specific purpose given. The failure of a Party to enforce any provision of this Agreement will not constitute a waiver by a Party of that or any other provision. 13. OREGON LAW, DISPUTE RESOLUTION AND FORUM. This Agreement will be construed according to the laws of the State of Oregon. The Parties will negotiate in good faith to resolve any dispute arising out of this Agreement. If the Parties are unable to resolve any dispute within fourteen (14) calendar days, the Parties are free to pursue any legal remedies that may be available. Any litigation between the Parties arising under this Agreement or out of work performed under this Agreement will occur, if in the state courts, in the Washington County Circuit Court, and if in the federal courts, in the United States District Court for the District of Oregon located in Portland, Oregon. 14. ASSIGNMENT. No party may assign its rights or obligations under this Agreement, in whole or in part, without the prior written approval of the other Party. 15. SEVERABILITY/SURVIVAL OF TERMS. If any provision of this Agreement is found to be illegal or unenforceable, this Agreement nevertheless will remain in full force and effect and the provision will be stricken. All provisions concerning indemnity survive the termination of this Agreement. 16. FORCE MAJEURE. In addition to the specific provisions of this Agreement, performance by any Party will not be in default where delay or default is due to war, insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of god, governmental restrictions imposed or mandated by governmental entities other than the Parties, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation, or similar bases for excused performance that are not within the reasonable control to the Party to be excused. 17. INTERPRETATION OF AGREEMENT. This Agreement will not be construed for or against any Party by reason of the authorship or alleged authorship of any provision. The section headings contained in this Agreement are for ease of reference only and will not be used in construing or interpreting this Agreement. 18. INTEGRATION. This document constitutes the entire agreement between the Parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. 19. NOTICE. Except as otherwise expressly provided in this Agreement, any communications between the Parties hereto or notices to be given hereunder will be given in writing by personal delivery or mailing with postage prepaid to Agency or City at the address set forth below. Any Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E 7 Backyard Habitat Certification Program in the City of Tigard 32500068 communication or notice so addressed and mailed will be deemed to be given five (5) days after mailing. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. For City: Attn: Gary Pagenstecher 13125 SW Hall Blvd. Tigard, OR 97223 (503) 956-9430 garyp@tigard-or.gov For Agency: Attn: Ian Sinks 850 Officers’ Row Vancouver, WA 98661 (360) 696-0131 isinks@columbialandtrust.org 20. COUNTERPARTS/INTEGRATION. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This writing is intended both as the final expression of the Agreement between the Parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. The aforementioned is hereby agreed upon by the Parties and executed by the duly authorized representatives. FOR THE CITY OF TIGARD: FOR COLUMBIA LAND TRUST By:_________________________________ By:_________________________________ Name: ______________________________ Name: ______________________________ Its: _________________________________ Its: _________________________________ Date: _______________________________ Date: _______________________________ Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E Ian Sinks 4/10/2025 Stewardship Director 4/10/2025 Rob Drake Interim City Manager 8 Backyard Habitat Certification Program in the City of Tigard 32500068 EXHIBIT A SCOPE OF WORK INTRODUCTION The Backyard Habitat Certification Program (BHCP) provides technical assistance, incentives, resources, and recognition to private property owners to restore native wildlife habitat, control noxious weeds, reduce pesticides, and manage stormwater at home. The program is designed to increase effective management of privately-held lands by partnering with communities and by leveraging the time, labor and skills of nearly 90 volunteers and 6,800 program participants. Together they accomplish crucial ecological outcomes, while fostering lasting behavior change and an ethic of stewardship. As development and the population in the metropolitan area grows at an unprecedented rate — from 2.1 million people today to 3.2 million people in 2030 — it is a priority to enlist the help of city residents in efforts to combat environmental burdens. The BHCP directly responds to this call to action by engaging urban and sub-urban residents as partners in conservation. The objectives of the program are to increase the public’s awareness of the benefit of conservation in the metropolitan area and to incentivize continual, measurable on-the-ground habitat enhancements in five key areas; 1) remove noxious species, 2) enhance native vegetation in their yards, 3) reduce pesticides, 4) steward wildlife and 5) improve stormwater management. Through these activities, participants gain an understanding that their backyards play a role in supporting broader conservation efforts and are part of a landscape-wide eco-system of solutions. The BHCP fosters community stewardship of urban neighborhoods by giving participants the tools and incentives to become urban conservationists and work to create and preserve critical wildlife habitat on their property. In this way, the program increases the permeability of the developed landscape, the top strategic action from the developed lands section of the Regional Conservation Strategy (RCS). From the RCS: “Developed areas have a vital role to play in preserving regional biodiversity and protecting environmental health. When effectively managed, developed areas increase urban landscape’s overall permeability for wildlife, enhance the function of natural areas and biodiversity corridors, and engage the public in wildlife stewardship.” To date, the BHCP partners with more than 6,800 residents, whose yards span more than 1,600 urban and sub-urban acres, and has experienced significant growth over the past year. Bird Alliance of Oregon and Columbia Land Trust have mindfully planned program growth and implementation, and had the capacity to do so by leveraging collective strengths like membership bases, internal outreach mechanisms, and staff expertise. Throughout the program’s history, both organizations have prioritized engaging all residents, regardless of socioeconomic standing, in the program SCOPE OF WORK Per fiscal year, Agency will enroll up to 35 Tigard yards in the program and provide the full suite of program services; initial site assessment, educational materials (print and electronic), detailed site- specific report, discounts and incentives. Standard Program Services 1) Technical assistance – In-person site assessment by staff Habitat Technician: a. Identification of priority weeds; BMPs for removal b. Identification of native plants on Portland Plant List (PPL) c. Resource Packet – connects participants to local programs and resources Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E 9 Backyard Habitat Certification Program in the City of Tigard 32500068 d. Baseline data collect for each site – priority noxious weeds present, stormwater actions taken, pesticide use, etc e. “Habitat Restoration In Progress” yard sign 2) Personalized site report – emailed to participant after site visit: a. Personalized list of recommended native plants from PPL b. BMPs for each priority weed present and removal advice c. Information on stormwater management options d. Information on how to recognize harmful herbicides/pesticides, reduce usage, and find alternative pest management steps and integrated pest management strategies (IPM) e. Information on wildlife stewardship options 3) Discounts and incentives - coupons to currently 16+ local native plant nurseries via an annual Native Plant Discount flyer 4) Professional Landscaper Directory – currently 60+ affiliate landscape professionals that have attended trainings, signed a program MOU, paid a small fee to be listed, and provide reports on projects 5) Issue a quarterly e-newsletter to recipients with information and additional resources for gardening sustainably. 6) Follow-up certification visits with trained volunteers: a. “Certified Backyard Habitat” metal yard sign awarded if criteria for certification is met b. “upgrades” to higher levels of certification (silver, gold, platinum) c. Follow-up data taken – priority weeds, stormwater actions, pesticide use, etc d. Certification is valid for 3 years – then can be “renewed” at no additional cost 7) Certification “benefits” include free memberships to Bird Alliance of Oregon, Backyard Bird Shop gift card, and additional coupons Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E 10 Backyard Habitat Certification Program in the City of Tigard 32500068 EXHIBIT B BUDGET FY 2025-2026 Personnel Costs Standard Program Services Notes Program Management $6,143 3.2% Regional Costs Program Support $6,377 3.2% Regional Costs Habitat Technicians $6,382 3.2% Regional Costs Personnel Total $18,903 Materials/Travel Materials & Supplies $1,121.07 Yard Signs, Welcome Packets, Outreach Flyers, Native Plant Discount Flyers, Certification Stickers etc Travel $388.48 Staff Mileage Reimbursement Technology/Database/Website $530.59 3.2% Regional Costs Diversity Equity and Inclusion Initiatives $192.00 Materials translations, staff training, etc. Total Materials/Travel $2,232.14 SUB-TOTAL $21,135 15% Admin Fee / Overhead $3,170 TOTAL $24,306 The total Budget for FY25-26 is $24,306. To ensure program stability a 4% inflation increase will be applied to subsequent years such that the total Budget is $25,278 for FY26-27, is $26,289 for FY27- 28. Total payment to Agency under this Agreement will not exceed $75,873. Docusign Envelope ID: 4C64873A-6DCB-48D5-910E-676D7FA8702E