21-089 Amendment #2 dated 6-30-23 McClellan Ranch Preserve Meadow Restoration1
SECOND AMENDMENT TO AGREEMENT 21-089
BETWEEN THE CITY OF CUPERTINO AND
GRASSROOTS ECOLOGY FOR MCCLELLAN RANCH
PRESERVE MEADOW RESTORATION
This Second Amendment to Agreement 21-089 between the City of Cupertino and
GRASSROOTS ECOLOGY is by and between the CITY OF CUPERTINO, a municipal corporation
(hereinafter "City") and GRASSROOTS ECOLOGY, a Non-Profit (“Contractor”) whose address is
3921 E BAYSHORE ROAD, PALO ALTO, CA 94303, and is made with reference to the following:
RECITALS:
A. On August 04, 2021, Agreement 21-089 (“Agreement”) was entered into by and
between City and Contractor for McClellan Ranch Preserve Meadow Restoration.
B. On June 27, 2022, City and Contractor agreed to the First Amendment for McClellan
Ranch Preserve Meadow Restoration.
C. The Agreement and First Amendment are collectively referred to as the “Agreement”
unless otherwise indicated.
D. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Paragraph 3 of the Agreement is modified to read as follows:
3.1 This Agreement begins on the Effective Date and ends on July 31, 2023 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
effective date and shall be completed by July 31, 2023. The City’s appropriate department head
or the City Manager may extend the Contract Time through a written amendment to this
Agreement, provided such extension does not include additional contract funds. Extensions
requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B-1.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
2. Paragraph 4 of the Agreement is modified to read as follows:
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
$174,000.00 (“Contract Price”), based upon the scope of services in Exhibit A-1 and the
budget and rates included in Exhibit C-1, Compensation attached and incorporated here. The
maximum compensation includes all expenses and reimbursements and will remain in place
even if Contractor’s actual costs exceed the capped amount. No extra work or payment is
permitted without prior written approval of City.
2
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion
of Services, Contractor must submit a requisition for final and complete payment of costs and
pending claims for City approval. Failure to timely submit a complete and accurate payment
requisition relieves City of any further payment or other obligations under the Agreement.
3. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
GRASSROOTS ECOLOGY
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2022-139 75,000.00
Amendment 1 2023-069 90,000.00
Amendment 2 9,000.00
- - 174,000.00
1429656.1
Co-Executive Director
Jun 30, 2023
Christopher D. Jensen
Director of Parks and Recreation
Jun 30, 2023
Jun 30, 2023
McClellan Ranch Preserve Meadow Restoration
Final Audit Report 2023-06-30
Created:2023-06-30
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA1WB4wRChyTs-GqY2dLBIsrpGdXl8msTU
"McClellan Ranch Preserve Meadow Restoration" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-06-30 - 2:24:02 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-06-30 - 2:25:34 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-06-30 - 2:29:59 PM GMT - Time Source: server- IP address: 73.170.104.117
Document emailed to Alexandra Von Feldt (alex@grassrootsecology.org) for signature
2023-06-30 - 2:30:01 PM GMT
Email viewed by Alexandra Von Feldt (alex@grassrootsecology.org)
2023-06-30 - 3:38:33 PM GMT- IP address: 66.249.84.226
Document e-signed by Alexandra Von Feldt (alex@grassrootsecology.org)
Signature Date: 2023-06-30 - 3:39:25 PM GMT - Time Source: server- IP address: 98.42.49.235
Document emailed to christopherj@cupertino.org for signature
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Email viewed by christopherj@cupertino.org
2023-06-30 - 4:14:11 PM GMT- IP address: 104.28.123.101
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-06-30 - 4:52:29 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-06-30 - 4:52:31 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2023-06-30 - 4:52:32 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2023-06-30 - 5:07:54 PM GMT- IP address: 104.28.123.101
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2023-06-30 - 5:08:52 PM GMT - Time Source: server- IP address: 174.194.139.200
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-06-30 - 5:08:53 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-06-30 - 5:21:39 PM GMT- IP address: 104.28.124.96
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-06-30 - 5:46:58 PM GMT - Time Source: server- IP address: 162.245.20.145
Agreement completed.
2023-06-30 - 5:46:58 PM GMT