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12-100 Acterra Agreement, Consultant Services for Green @ Home & Habitat Restoration Programs AGREEMENT BETWEEN THE CITY OF CUPERTINO AND ACTERRA FOR CONSULTANT SERVICES FOR THE GREEN(a,HOME & HABITAT RESTORATION PROGRAMS THIS AGREEMENT, for reference dated September 5th, 2012 is by and between CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as "City"), and Acterra, a non-profit organization whose address is (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on September 5, 2012 and shall terminate on June 30, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit 'B" which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the General fund 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 7. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS: Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volur..teers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 9. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9A, B, C, D and E. Such certifica.es, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affordi:ag coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limi s shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability in-surance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 10. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 11. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of he interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent(50%) or more of the voting power of the corporation. 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 13. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 14. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 15. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement:. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcriits therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall b3 maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 16. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Rick Kitson& Mark Linder All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: 17. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days'prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 18. UTILITIES Consultant shall pay all charges for fuel, gas, water, electricity, telephone services and any other utilities necessary to carry on the operations of Consultant. 19. NUISANCE Consultant shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. 20. SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. City reserves the right to issue restraints or cease and desist orders to Consultant when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Consultant shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Consultant, which is not a result of his or her operations, shall immediately be reported to City. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 26. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERT 0 A u icipal Joe/ration Alr'/O, B By Rick Kitson Title El— O 1A 6 —r,o, Title Public & Environmental Affairs Director Date 9 ) -j I Z Date AND By Mark Linder Title Parks & Recreation Director Date RECOMMENDED FOR APPROVAL: B� Title <C APP ON')ED Ai 0 ORM: By • City Attorney EXHIBIT A Acterra tel 650.962.9876 Action for a Sustainable Earth fax 650.962.8234 3921 East Bayshore Road www.Acterra.org Acterra Palo Alto,CA 94303-4303 info @Acterra.org Scope of Work for Acterra's Green @Home & Habitat Restoration Programs in partnership with the City of Cupertino, FY 2012-13 Program Cost: $40,000 I. Introduction This document outlines the Scope of Work for Acterra's FY 2012—2013 contract with the City of Cupertino. During FY 2012-13 Acterra will support the following scopes of work for the City for total compensation of$40,000: • Scope 1:Acterra will continue its work with the City's Environmental Affairs Division in its neighborhood-based Green @Home residential energy efficiency program. For this work,Acterra will receive $20,000 from the City to support on-going program staffing and equipment purchase.The program's overhead and administrative costs are shared with other cities that are also continuing with Green @Home during this fiscal year. • Scope 2:The McClellan Ranch/Blackberry Farm Habitat Restoration Project will receive$20,000 from the City's Parks& Recreation Department for managing habitat restoration and organizing volunteers within McClellan Ranch and Blackberry Farm. The cost of this project is matched by other contributions from private foundations and money received as part of environmental mitigation on behalf of a third party. II. Scope 1 —Green @Home Acterra will conduct the following residential energy-saving retrofit and educational services for the City of Cupertino during the 12 months starting July 1, 201.2: 1. Program Planning a. Acterra will work with City of Cupertino staff to develop a mutually agreed upon schedule and suite of materials to support neighborhood-focused training, outreach, and neighborhood-based HouseCalls. 2. Training a. Acterra staff will conduct at least one two-part volunteer training class in Cupertino with a goal of training at least 10 more Cupertino residents and students, including Cupertino's Climate Corps member,to perform Green @Home HouseCalls.Trained volunteers from other cities also are available to conduct HouseCalls in Cupertino.The City of Cupertino will provide the venue, required city employee support, and light refreshments for each of the evening training sessions. b. Acterra staff will conduct at least one community outreach volunteer training in Cupertino with the goal of training at least 10 more Cupertino residents and students, including Cupertino's Climate Corps member,to perform outreach functions such as drafting newsletter articles, creating radio and television public service announcements,tabling at EXHIBIT A community environmental festivals, hosting educational information sessions at block parties, etc. Trained community outreach volunteers from other cities are also available to support outreach activities in Cupertino. The City of Cupertino will provide the venue, required city employee support, and light refreshments for each training sessions. c. Green @Home staff will work with city staff, community organizations and local businesses to offer at least two educational workshops for neighborhood leaders and/or community members at large. One workshop will focus on basic do-it-yourself(DIY) home energy efficiency techniques and the other workshop will be about assessing whether a home is suitable for PV solar installation. 3. Outreach a. Acterra will continue to work with Cupertino City staff to publicize the program. This may involve another door-to-door flyer distribution event and staffing block parties in areas not previously covered.The City is requested to provide supporting City staff, contractors or volunteers to ensure adequate event coverage. b. At the end of every HouseCall, Acterra will offer residents a city-provided folder containing City-selected materials referencing City or local environmental services such as hazardous waste collection, electronics recycling and water conservation and grant, rebate or incentive programs including Energy Upgrade Santa Clara County. c. Acterra staff will work with the City of Cupertino staff, local media, neighborhood associations and other community organizations to publicize the program throughout the year and offer recognition to volunteers and participating residents. d. Green @Home staff will endeavor to visit the meeting of each Cupertino neighborhood association, defined in partnership with the City, once during the year to inform them about the program and solicit their participation. e. In all cases, Green @Home staff will notify the City of its' scheduled outreach events at least 2 weeks in advance of the hosted event(block party, HOA meeting,etc.)or material distribution event, so that the City may offer support resources and, if necessary, staffing/volunteers. f. In all cases, Green @Home staff will have consent from the property owner where the event is to be held and support of the City before attending or hosting said events. g. Should the education or informational distribution event be hosted on City property, Acterra acknowledges that the City has a permit requirement for all organizations tabling on its properties and will,therefore, work with staff to obtain the required permit so as to ensure compliance with this City policy. 4. Activities a. Trained HouseCall volunteers will visit at least 96 Cupertino homes(8 HouseCalls per month) to install basic energy-saving devices and complete a residential energy audit. Residents who receive a HouseCall audit will be offered a colorful yard/window sign to publicize their commitment to energy conservation. b. Acterra will make follow-up calls to residents to determine whether they went ahead with suggested conservation recommendations and their written commitment to make such further changes. Data from these follow up surveys will be provided to the City. c. To support the City's Environmental Affairs Division in its goal to facilitate broader participation in the City's environmental programs,Acterra will work with City staff to engage neighborhoods to promote the suite of environmental services offered by the city, including energy efficiency, water conservation, and materials management(recycling & EXHIBIT A compost).To this aim, Acterra will implement the "Neighbors" program with a minimum of five neighborhoods. d. To further support the City's goals for community engagement,Acterra will pilot and implement a "blitz" program in a minimum of 2 neighborhood and 2 multi-family housing complex in Cupertino. It is understood that this"blitz" program can supplement or substitute the "Neighbors" program described above,and Acterra's agreement only requires the organization to engage a minimum of two neighborhoods in this fiscal year. e. Acterra will also support the City and Library's Do-It-Yourself(DIY) Green @Home Toolkits including kit design, revisions, outreach, marketing and equipment vendor pricing support. 5. Reporting f. Acterra will keep statistics and issue quarterly updates on the number of HouseCalls performed and the amount of CO2 savings achieved at each residence at the end of each quarter in the Quarterly Report format previously used. g. Acterra will prepare one annual report to the City of Cupertino detailing the success of the program at the close of the fiscal year(June 30, 2012).This will be due by July 31, 2013. 6. Support provided by the City of Cupertino As part of this agreement,the City will: 1. Provide funding for the program as indicated. 2. Continue to provide folder packets containing information on Cupertino environmental programs and resources to be given to each resident receiving a HouseCall. 3. Continue to provide venues, light refreshments, and required City staff support for training and outreach events. 4. Continue to provide program outreach assistance in the form of: a. Notice in City publications and on the City web site of trainings, outreach events, and neighborhood outreach* b. Press releases about Green @Home and related events c. City-wide announcements in city publications* d. Information and links on City website" e. Access to City staff to coordinate and develop outreach campaigns. 5. Support storage of Green @Home supplies for serving the Cupertino community (at least a 10 x 10 ft storage space with easy access during work days). *Acterra will provide content for the City to include in the aforementioned resources. Ill. Scope 2 — McClellan Ranch/Blackberry Farm Habitat Restoration Acterra will conduct the following land stewardship services for the City of Cupertino during the 12 months starting July 1, 2012: 1. Program Planning Acterra has worked with Barbara Banfield,the Naturalist from the City of Cupertino,to identify the following restoration priorities: a. Site A:4H hill along trail b. Site B:Top of bank area between path and creek bank across from turf c. Site C:Top of bank area between path and creek bank near creek access point EXHIBIT A d. Development of restoration plan for McClellan meadow area and Water District property 2. Activities Acterra's responsibilities will include: a. Providing project management i. Develop workplan with the City arid other interested parties ii. Provide periodic status updates to City b. Managing habitat restoration sites i. Provide native plant expertise ii. Provide invasive management expertise iii. Provide staff labor for more high-skilled activities iv. Provide at least 15 volunteer community work days to: 1. Remove invasive non-native plants 2. Re-vegetate with watershed specific native plants 3. Maintain plantings(water, weed,and prune) c. Organizing volunteers i. Advertise events ii. Register attendees iii. Handle waivers iv. Provide snacks and other refreshments v. Provide tools and gloves vi. Provide training vii. Hold regular volunteer appreciation events d. Providing environmental education (costs covered by mitigation money) e. Provide topical environmental education at each workday f. Provide hikes g. Provide water quality monitoring events h. Provide "bug club" events 3. Reporting a. Acterra will meet with Cupertino City naturalist Barbara Banfield on a bi-monthly basis to review progress and discuss any issues. b. Acterra will track statistics, such as number of volunteers, number of plants planted and square footage of invasive weeds removed. c. Acterra will prepare one annual report to the City of Cupertino detailing the success of the program at the close of the fiscal year(June 30, 2013).This will be due by July 31, 2013. IV. Payment & Schedule For services rendered,Acterra will be compensated: • Scope 1: $20,000 for Green @Home services- billed to the Environmental Affairs Division • Scope 2: $20,000 for McClellan Ranch/Blackberry Farm Habitat Restoration—billed to the Parks & Recreation Department Acterra shall promptly remit invoices for each project independently to the appropriate division/department at the end of each FY quarter(September, December, March and June). EXHIBIT B Acterra tel 650.962.9876 Action for a Sustaina hle Earth fax 650.962.8234 3921 East Bayshore Road www.Acterra.org Acterra Palo Alto,CA 94303-4303 info @Acterra.org September 5, 2012 Budget To provide two high quality programs to the residents of Cupertino,Acterra has requested a contract for $40,000 to be spent during the period July 1, 2011-June 30, 2012 for two unique Scopes of Work,which are as follows: • Scope 1: $20,000 for Green @Home services- billed to the Environmental Affairs Division These funds support an Outreach Coordinator and Program Director who provide community engagement, host meetings with neighborhood associations, recruit volunteers, organize trainings, and schedule HouseCalls. Acterra staff will also track and report on results. Funds will also be used to purchase equipment and supplies for residents.The cost of program delivery and administration is shared with several other cities. • Scope 2: $20,000 for McClellan Ranch/Blackberry Farm Habitat Restoration—billed to the Parks& Recreation Department These funds support Acterra's management of habitat restoration and volunteer organization within McClellan Ranch and Blackberry Farm. The cost of this project is matched by other contributions from private foundations and money received as part of environmental mitigation on behalf of a third party.