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21-089 Amendment #1 dated 6-27-22 McClellan Ranch Preserve Meadow Restoration1 FIRST AMENDMENT TO AGREEMENT 21-089 BETWEEN THE CITY OF CUPERTINO AND GRASSROOTS ECOLOGY FOR MCCLELLAN RANCH PRESERVE MEADOW RESTORATION This First 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. 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 and undersigned parties as follows: 1. Paragraph 2 of the Agreement is modified to read as follows: Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A-1. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2. Paragraph 3 of the Agreement is modified to read as follows: 3.1 This Agreement begins on the Effective Date and ends on June 30, 2023 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 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. 3. 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 $165,000.00 (“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 2 permitted without prior written approval of City. 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. 4. Exhibit A, B, and C of the Agreement is replaced with a new Exhibit A-1, B-1, and C-1 attached hereto. 5. 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 3 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 90,000.00 - - 165,000.00 1429656.1 Executive Director Jun 23, 2022 Christopher D. Jensen Acting Director of Parks and Recreation Jun 27, 2022 Jun 27, 2022 Exhibit A-1, B-1 and C-1 Scope of Work, Schedule of Performance, and Compensation for McClellan Ranch Preserve, Blackberry Farm, and Stocklmeir Orchard July 2022-June 2023 This document is an overview of Grassroots Ecology’s role in stewardship, restoration, and public outreach activities in partnership with the City of Cupertino Parks and Recreation. It outlines the main projects and activities that Grassroots Ecology will manage, and provides an overview of restoration techniques and community engagement strategies. I. Goals ● Effectively manage invasive plants throughout McClellan Ranch and Blackberry Farm ○ Remove weeds to reduce seed banks each year ○ Contain the spread of high-priority populations 2 ● Revegetate target areas to restore and increase native biodiversity ○ Install and maintain locally native plants ○ Monitor and maintain existing native plant communities ● Protect and enhance the Stevens Creek watershed ○ Manage weeds along the riparian corridor ○ Stabilize eroded stream banks through willow staking ○ NOTE: Water quality monitoring will continue, but will be under a separate contract. ● Engage the community to restore and enjoy the parks ○ Provide outdoor education and stewardship opportunities for local youth ○ Leverage volunteers to accomplish goals ○ Enhance public appreciation of McClellan Ranch Preserve and Blackberry Farm II. Project Areas 1) McClellan Ranch Meadow Since 2014, Grassroots Ecology has been restoring native plants to the meadow adjacent to the Stevens Creek Trail at McClellan Ranch Preserve. This has historically been our main focus of the overall project. Using the “island” technique, Grassroots Ecology has focused its efforts on establishing and maintaining dense patches of native plant biodiversity to support local insects, birds, and wildlife. This year’s work will continue to maintain existing native plant zones (orange) and expand the planting area adjacent to the public walkway. These areas will also be managed for invasive weeds to prevent them from getting a foothold. 3 2) Stocklmeir Orchard Since 2017, Grassroots Ecology has installed and maintained native plants next to the creek at Stocklmeir Orchard. Survival here has been moderate, due to drier and rockier soils, gopher activity, and abundant leaf litter from surrounding riparian tree cover. Grassroots staff and volunteers will continue to maintain plantings here, but no new plants are planned for this area. 3) Stevens Creek Corridor In order to enhance the health of Stevens Creek and to prevent the spread of invasive plants into other areas of the preserve, Grassroots Ecology has worked to remove invasive weeds along the Stevens Creek Trail spanning throughout McClellan Ranch Preserve, Blackberry Farm, and Stocklmeir Orchard. We will continue to work along the creek corridor removing the most invasive species at locations that are accessible for volunteers. III. Invasive Plant Management Grassroots Ecology will dedicate portions of each staff and volunteer workday to remove certain invasive species within the aforementioned project areas. Weeding takes place year-round, but is most concentrated in the spring with the rapid growth and blooming of many invasive annuals. Each species has its own timeline and ideal time period for removal, which will be monitored by project staff. Weeds will be removed primarily by hand, but additional techniques such as sheet mulching or weed whipping may be used. Grassroots Ecology will also coordinate with the City to schedule seasonal tractor mowing sessions that help control annual thistles and mustard. Invasive species targeted for removal: *High priority Meadow Creek Corridor Widespread - Milk thistle (Silybum marianum)* - Italian thistle (Carduus pycnocephalus)* - Shortpod mustard (Hirschfeldia incana)* - Wild radish (Raphanus raphanistrum) - Cape ivy (Delairea odorata)* - Periwinkle (Vinca major)* - Smilo grass (Stipa miliacea)* 4 - Annual grasses (Oats, foxtail, brome, etc.) Less abundant - Gopher spurge (Euphorbia lathyris) - Stinkwort (Dittrichia graveolens)* - Yellow starthistle (Centaurea solstitialis)* - Lords and ladies (Arum italicum) - Algerian and English ivy (Hedera sp.) - Tree of heaven (Ailanthus altissima) - Himalayan blackberry (Rubus armeniacus) Left to right: mustard, smilo grass, and cape ivy Invasive species removal timeline: October – December January – March April – June July – September - Algerian ivy - English ivy - Shortpod mustard - Stinkwort - Periwinkle - Himalayan blackberry - Milk thistle - Italian thistle - Cape ivy - Gopher spurge - Periwinkle - Algerian ivy - English ivy - Annual grasses - Milk thistle - Shortpod mustard - Italian thistle - Wild radish - Periwinkle - Smilo grass - Lords and ladies - Annual grasses - Yellow starthistle - Shortpod mustard - Yellow starthistle - Stinkwort - Smilo grass - Cape Ivy - Periwinkle - Himalayan blackberry IV. Native Revegetation Approximately 450 native plants will be installed by Grassroots Ecology staff and volunteers this year. Almost all will be planted in the McClellan meadow project area, with a few trees scattered about. Planting begins in November/December with the arrival of rain. Staff will properly place each plant to ensure proper sun exposure, drainage needs, and habitat type. Plants will be monitored to assess species success and improve planning for future years. Newly installed plants (<1 season) will be hand watered regularly during the dry season by Grassroots Ecology, while older planting areas will be watered periodically by Purple Pipe, an outside contractor. All other plant maintenance will be done by Grassroots Ecology. Plants will be supplied by the Grassroots Ecology Nursery, and are grown from locally collected seed. Plants are also grown according to best phytosanitary management practices to prevent the spread of Phytophthora, a water mold that can infect and kill many native plants. To minimize risk of introducing Phytophthora when installing plants, staff will clean and disinfect gloves and tools. Planting completed by volunteers will be carefully supervised by staff to ensure proper handling and technique. 5 The tentative plant list below is based on past success of various species and consultation with nursery staff. Potential species list for 22-23 planting season: McClellan Meadow (~450 plants) Trees (~10 throughout Riparian corridor) Perennials (300) - Beeplant (Scrophularia californica) - California goldenrod (Solidago velutina ssp californica) - Pacific aster (Symphyotrichum chilense) - Sticky monkeyflower (Diplacus aurantiacus) - Yarrow (Achillea millefolium) - Golden yarrow (Eriophyllum confertiflorum) - Coyote mint (Monardella villosa) - Narrowleaf milkweed (Asclepias fascicularis) - Naked buckwheat (Eriogonum nudum) - Verbena (Verbena lasiostachys) Shrubs (50) - California sagebrush (Artemisia californica) - Buckbrush (Ceanothus oliganthus) - Coffeeberry (Frangula californica) - Toyon (Heteromeles arbutifolia) - Gooseberry (Ribes californicum) - PItcher sage (Lepechinia calycina) Grasses (up to 100) - California fescue (Festuca californica) - Meadow barley (Hordeum brachyantherum) - Blue wild rye (Leymus glaucus) - Quercus berberidifolia (Scrub Oak) - Cercocarpus betuloides (Mountain Mahogany) - Holly-leaf cherry (Prunus ilicifolia) - Western Sycamore (Platanus racemosa) 6 Left to right: monkeyflower, milkweed, coyote mint Additional revegetation efforts This is the third and final year of an additional $25k Valley Water grant for the installation, monitoring, and maintenance of native trees. Grassroots Ecology will install these trees in the riparian corridor as well as willow stakes along Stevens Creek. V. Community Engagement Over the past two years, Grassroots Ecology had modified its volunteer model so that we could achieve our stewardship and community engagement goals while following the covid health guidelines. We brought the community together and continue to foster connections between the different organizations at McClellan. This year, we plan to offer community workdays, group volunteer events and Youth Stewards. Youth Stewards The High School Youth Stewards program will engage approximately 10-15 local high school students each week. Two sessions (winter and summer) will each take place for 8-12 weeks. 7 Community and Group Volunteer Workdays Grassroots Ecology will host community workdays that will be publicized and available for anyone to participate. Grassroots Ecology will also arrange for special volunteer events for groups (corporate, philanthropic, faith- based) upon request. We will host 2-3 events per month for a total of 28 throughout the year. Other events As in previous years, Grassroots Ecology applied for and received two Americorps Watershed Steward Program (WSP) members that will work on the site from October - August. These members will assist with all of the Grassroots Ecology volunteer events and will also organize and conduct up to two events for 50+ volunteers. Grassroots Ecology will manage the outreach and registration of all volunteers, determine work day activities, and oversee volunteer safety and quality of work. The workdays will be divided among all project areas as needed to accomplish deliverables. Event summary: ● 20 Youth Steward sessions ● 28 community and group volunteer workdays VI. Summary of Activities and Deliverables Below is an approximate schedule of the activities and interim deliverable milestones. Quarter Primary Activities Deliverables July – Sept - Targeted watering of new plants - Watering/maintenance of restoration zones - Planting preparation - Planning and assessment for FY 22-23 - Volunteer program outreach/organizing - Outreach and selection of 2 WSP members - 5 Youth Stewards workdays - 4 community workdays - Staff + WSP maintenance and irrigation of new plantings - Purple Pipe irrigation - Quarterly report of activities Oct – Dec - Onboarding of new WSP members - Planting preparation - Native plant installation (with rain) - Begin willow staking (with rain) - Volunteer program management - 200 native plants installed - 8 community workdays - Quarterly report of activities Jan – March - Weeding of invasives - Native plant installation - Install native trees - Volunteer program management - 250 native plants installed - Trees installed along riparian corridor - 8 community workdays - 10 Youth Stewards workdays - Staff + WSP maintenance - Quarterly report of activities April – June - Weeding of invasives - Targeted watering of new plants - Annual vegetation survey completed - 8 community workdays 8 - Watering/maintenance of restoration zones - Volunteer program management - 5 Youth Stewards workdays - Staff + WSP maintenance and irrigation of new plantings - Purple Pipe irrigation - Quarterly report of activities VII. Funding and Budget In addition to funds from the City of Cupertino, Grassroots Ecology has been awarded grants from Valley Water to support watershed restoration within the Stevens Creek Watershed and McClellan Ranch Preserve. Grassroots Ecology has applied for an additional grant to Valley Water for a native hedgerow adjacent to the community garden as well as additional funding for fire management throughout the corridor. If granted, the funding and activities for these grants would likely commence in 2023. 9 2022-2023 Funding Sources: Funder Contribution Allocation City of Cupertino $90,000 Stewardship and community engagement Valley Water: Re-Oaking $8,000 Native riparian tree revegetation Valley Water: Invasive removal $10,000 Stevens Creek corridor invasive removal Grassroots Ecology $20,000 Youth education, staff development Total Project Cost $128,000 2022-2023 Budget with Contributions: 2022-2023 Budget units cost per Total Cupertino GrE project planning and coordination 100 $60 $6,000 $6,000 $0 outreach and volunteer coordination 200 $60 $12,000 $8,000 $4,000 Youth Steward workdays 20 $1,000 $20,000 $10,000 $10,000 Community workdays 28 $1,500 $42,000 $36,000 $6,000 staff maintenance 440 $50 $22,000 $18,000 $4,000 Purple Pipe watering at McClellan 14 $500 $7,000 $7,000 $0 supplies $1,000 $1,000 $0 plants 460 $10 $4,600 $4,000 $600 snacks, volunteer appreciation 48 $25 $1,200 $0 $1,200 mileage 2500 $1 $1,400 $0 $1,400 staff development +dei 90 $50 $4,500 $0 $4,500 hw + sw+ connectivity $3,000 $0 $3,000 admin + overhead 50 $65 $3,250 $0 $3,250 Totals $127,950 $90,000 $37,950 McClellan Ranch Preserve Meadow Restoration Final Audit Report 2022-06-27 Created:2022-06-23 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAx9Xfu1oNXXVGzQwc-Bljdm2J9W182nVY "McClellan Ranch Preserve Meadow Restoration" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-06-23 - 4:30:52 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-06-23 - 4:37:30 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-06-23 - 6:46:42 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Alexandra Von Feldt (alex@grassrootsecology.org) for signature 2022-06-23 - 6:46:45 PM GMT Email viewed by Alexandra Von Feldt (alex@grassrootsecology.org) 2022-06-23 - 7:21:09 PM GMT- IP address: 66.249.84.250 Document e-signed by Alexandra Von Feldt (alex@grassrootsecology.org) Signature Date: 2022-06-23 - 7:22:28 PM GMT - Time Source: server- IP address: 98.42.50.164 Document emailed to christopherj@cupertino.org for signature 2022-06-23 - 7:22:33 PM GMT Email viewed by christopherj@cupertino.org 2022-06-23 - 7:31:43 PM GMT- IP address: 104.47.73.254 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-06-23 - 7:32:55 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2022-06-23 - 7:32:58 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2022-06-27 - 0:28:52 AM GMT- IP address: 104.28.123.105 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2022-06-27 - 3:50:25 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-06-27 - 3:50:29 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-06-27 - 6:14:17 PM GMT- IP address: 104.28.123.112 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-06-27 - 6:14:33 PM GMT - Time Source: server- IP address: 104.28.123.181 Agreement completed. 2022-06-27 - 6:14:33 PM GMT