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HomeMy WebLinkAboutStaff Report 14389 City of Palo Alto (ID # 14389) City Council Staff Report Meeting Date: 6/21/2022 Report Type: Consent Calendar City of Palo Alto Page 1 Title: Approval of Amendment Number 2 to Contract #C21180324 with Canopy to Add to the Scope of Services, Extend the Term through June 30, 2024, and Increase the Not-to-Exceed Amount of the Contract by $742,210, for a New Not to Exceed Amount of $967,720; and Approval of a Budget Amendment in the General Fund in FY 2023 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or their designee to execute Amendment No. 2 to contract Number C21180324 with Canopy, to add to the scope of services, extend the contract term through June 30, 2024, and increase the not-to-exceed amount of the contract by $742,210, for a new total not-to- exceed amount of $967,720, for the provision of services to support the implementation of Urban Forest Master Plan programs; and 2. Amend the Fiscal Year 2023 Budget Appropriation for the General Fund (2/3 vote needed) by: a. Increasing the Public Works Department Public Services Division Operating Budget by $85,000; and b. Decreasing the Tree Preservation Deposits Account by $85,000. Background Canopy was created in 1996 to support Palo Alto’s Urban Forestry Section and engage residents through its tree and tree care education activities. Since becoming an independent 501(c)(3) non-profit corporation in 2002, Canopy has greatly expanded its programs of tree planning and planting, stewardship, hands-on learning, and environmental education. Since the early 2000s, the City has contracted with Canopy, with a primary focus on assisting the City with projects and outreach to support and expand a healthy and sustainable urban forest. In 2020, City Council approved a one-year, sole source contract with Canopy (CMR #10882) to support Palo Alto’s urban forestry programs by serving as a comprehensive information source on trees, educating and motivating Palo Alto residents to plant, care for, and celebrate trees, and assisting the City with special projects associated with the Urban Forest Master Plan City of Palo Alto Page 2 (UFMP). The contract’s term expiration was extended via Amendment No. 11 to June 7, 2022 at no additional cost to the City. Discussion The proposed Amendment No. 2 will add to the scope of services, extend the term through June 30, 2024, and increase the not-to-exceed amount of the contract by $742,210, for a new not to exceed amount of $967,720. The existing contract was structured initially as a one-year contract and maintained the hourly contract rates from the previous contract. This was agreed to by both parties as a way to respond to the uncertainty around the COVID-19 pandemic and the budget concerns the City was facing at the time. Previous contracts with Canopy for similar services have all been structured as multi-year contracts. It should also be noted that the hourly rates have not increased for these services for the last five years. Amendment No. 2 includes a 4.2 percent average annual price escalation for basic services in Fiscal Years 2023 and 2024.. Fiscal Year 2023 marks the eighth (8) year of the UFMP implementation. The Great Oak Count and the Preferred and Restricted Species List are scheduled to be completed in year eight and these two programs complete or support the completion of 11 total UFMP programs.2 Additional project scope and funding are also included in this amendment for continued work on the South Palo Alto Tree Initiative. Important new UFMP projects in this amendment include a targeted marketing and outreach campaign for the updated Tree Protection Ordinance (UFMP programs 6.D.iii, 6.C.i, 4.A.vii, 6.B.viii) and a new digital tree health survey for the South Palo Alto Tree Initiative (UFMP programs 5.B.i, 6.D.ii). The marketing and outreach campaign will be focused on updating the public, local arborists, and the development community about the new rules and requirements contained in the updated Tree Protection Ordinance and the new Tree and Landscape Technical manual. This outreach and education component is critical to the success of the updated ordinance. The new digital tree health survey for the South Palo Alto Tree Initiative is a two-year pilot program intended to gather tree health data for recently planted trees. If successful, the program model could be expanded in future contracts to cover a larger portion of the City. The information collected will be used to analyze the effectiveness of various components of the South Palo Alto Tree Initiative and inform future decision making. Contract Item Original Contract Amount (for December 2020-June 2022) Amendment #2 Amount (July 2022-June 2024) Totals Great Oak Count $ 30,000 $ 87,000 $ 117,000 P&R Species List $ 25,000 $ 15,000 $ 40,000 SPA Tree planting & young tree care activities $112,300 $245,000 $ 357,300 1 https://www.cityofpaloalto.org//files/assets/public/public-works/tree-section/new-folder/contracts/c21180324- canopy_amendment-1_fully-executed.pdf 2 The UFMP programs referenced are: 1.A.ii, 1.A.iii, 1.A.iv, 1.B.i, 2.A.i, 2.A.ii, 2.A.vii, 3.A.i, 4.A.xi, 6.B.iv, 6.J.vii City of Palo Alto Page 3 Ordinance Outreach & Education N/A $ 80,000 $ 80,000 SPA Digital Tree Health Survey N/A $ 34,000 $ 34,000 Basic Services $ 58,210 $281,210 $ 339,420 Totals $225,510 $742,210 $967,720 Canopy is well established with the residents of Palo Alto and has the expertise, experience, professional stature, and key personnel to provide these services. Canopy is uniquely qualified as a non-profit organization to connect projects and programs with cooperating agencies and organizations to leverage funding and increase the effectiveness of projects and outreach. During the previous three-year contract period (FY 2017-FY 2019), Canopy leveraged $981,088 in funding (predominantly through donation of volunteer hours). While there are other Bay Area environmental nonprofit groups, none have Canopy’s combination of deep arboricultural background, robust educational framework, and strong local volunteer base. For these reasons, staff believes there is no adequate substitute or equivalent provider for the services required. Alternatively, a Request for Proposal (RFP) process could be completed to solicit proposals from any agency in this space, however, staff does not recommend this based on the reasons noted above. This contract is on the City’s professional services template, which permits the City to terminate without cause/for convenience by providing written notice to the contractor. In the event the City finds itself facing a challenging budget situation, and it is determined that City resources need to be refocused elsewhere, the City can terminate for convenience. Other options include termination due to non-appropriation of funds or amending the contract to reduce the cost, for example, by reducing the scope of work. Resource Impact Funding for a majority of this contract will be available in the Fiscal Year 2023 Operating Budget for the Public Works, Community Services, and Utilities Departments, based upon Council’s adoption of the Fiscal Year 2023 Budget on June 20, 2022. Department Original Contract Funding FY22 Funding FY23 Funding FY24 Funding Updated Contract Total Public Works Department $129,510 $231,710 $198,400 $ 79,100 $638,720 Forestry Fund $ 75,000 $ 0 $ 85,000 $ 85,000 $245,000 Community Services Department $ 6,000 $ 6,000 $ 6,000 $ 6,000 $24,000 Utilities Department $ 15,000 $ 15,000 $ 15,000 $ 15,000 $60,000 Totals $225,510 $252,710 $304,400 $185,100 $967,720 City of Palo Alto Page 4 Funding in this amendment for Goal D.3 (Program 1.D.i), South Palo Alto Tree Planting, will be funded by a withdrawal of $85,000 from the Tree Preservation Deposits Account (#62660) in Fiscal Year 2023. This would leave a balance of approximately $185,126 in the Tree Preservation Deposits Account. Subsequent years of the contract are subject to appropriation of funds through the annual budget process. Policy Implications This recommendation does not represent any change to existing City policies. Projects contained in this amendment help support goals and programs included in the Urban Forest Master Plan, the updated Tree Protection Ordinance (Title 8 of PAMC), the 2030 Comprehensive Plan and the Sustainability and Climate Action Plan. It should be noted that in parallel with this contract amendment, the Policy & Services Committee recently reviewed an audit of the City’s nonprofit partnership agreements. The recommended extension term will enable future agreements to conform to future policy changes recommended by the audit. Stakeholder Engagement Stakeholder engagement is an ongoing component of this contract. Many programs included in the contract (South Palo Alto Tree Planting, Great Oak Count, general Urban Forestry Education and Outreach) have an outreach/engagement component included as part of the implementation process. This allows Canopy and the City to inform stakeholders of projects and programs, incorporate stakeholder feedback into implementation plans, and engage stakeholders directly as volunteers and participants in growing and maintaining our Urban Forest. Environmental Review The recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h) (maintenance of existing landscape). Attachments: • C21180324 Canopy_Amendment 2_Partially Executed_REV1 Vers.: Aug. 5, 2019 Page 1 of 16 AMENDMENT NO. 2 TO CONTRACT NO. C21180324 BETWEEN THE CITY OF PALO ALTO AND CANOPY FOR PROFESSIONAL SERVICES This Amendment No. 2 (this “Amendment”) to Contract No. C21180324 (the “Contract” as defined below) is entered into as of June 21, 2022, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CANOPY, a California corporation, located at 3921 East Bayshore Road, Palo Alto, CA 94303 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of helping support Palo Alto's urban forestry programs by implementing programs of the Urban Forest Master Plan, improving canopy equity between north and south Palo Alto, and educating the public about trees in connection with the Project (the "Services"), as detailed therein. B. The Parties entered into Amendment No. 1 to extend the contract term by six (6) additional months, through June 6, 2022, with no additional cost to the CITY. C. The Parties now wish to amend the Contract in order to extend the contract term through June 30, 2024, add to the scope of services, and increase not-to-exceed compensation by Seven Hundred Forty-Two Thousand Two Hundred Ten Dollars ($742,210), from Two Hundred Twenty-Five Thousand Five Hundred Ten Dollars ($225,510) to a new total not-to-exceed compensation of Nine Hundred Sixty-Seven Thousand Seven Hundred Twenty Dollars ($967,720), as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C21180324 between CONSULTANT and CITY, dated December 7, 2020, as amended by: Amendment No. 1, dated December 6, 2021. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2, “TERM,” of the Contract is hereby amended to read as follows: DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 2 of 16 “The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement.” SECTION 3. Section 4, “NOT TO EXCEED COMPENSATION,” of the Contract is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (also referred to herein as the “Basic Services”), and any specified reimbursable expenses, shall not exceed Nine Hundred Sixty-Seven Thousand Seven Hundred Twenty Dollars ($967,720), as detailed in Exhibit “C”. CONSULTANT agrees to complete all Basic Services, including any specified reimbursable expenses, within this amount. The applicable rate schedule is set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Section 27.4 regarding amendments to this Agreement. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY per Section 27.4. “Additional Services” shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. “ SECTION 4. The following exhibits to the Contract are hereby amended or added, as indicated below, to read as set forth in the attachments to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS. b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS. c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS. d. Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 3 of 16 (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 4 of 16 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO ______________________________ City Manager APPROVED AS TO FORM: _______________________________ City Attorney or Designee CANOPY Officer 1 By:____________________________ Name:_________________________ Title:__________________________ Officer 2 By:____________________________ Name:_________________________ Title:__________________________ Attachments: Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS) Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO.2” (AMENDED, REPLACES PREVIOUS) Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS) Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS) DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Kammy Lo, Board of Directors Chair Chair, Board of Directors Catherine Martineau, Executive Director/CFO Executive Director Vers.: Aug. 5, 2019 Page 5 of 16 EXHIBIT “A” SCOPE OF SERVICES, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) CONSULTANT will provide the Services detailed in this Exhibit A (Scope of Services) in accordance with the provisions of this Agreement. 1.1 The responsibilities of the CITY will include the following: CITY Arborists, Urban Forestry and Community Services Department staff will coordinate and cooperate with CONSULTANT to facilitate special events such as the annual Mayor’s tree planting, Arbor Day event(s) public right-of-way plantings, Young Tree Care Survey, Right Tree Right Place program and CITY-wide educational events. CITY staff will be responsible for locating and preparing planting sites for these events. 1.2 CONSULTANT’s Responsibilities. CONSULTANT shall perform the following Services, as further detailed in the Action Plans below: A. Serve as a comprehensive information source about Palo Alto’s trees. B. Educate and motivate Palo Alto residents to plant, steward, and celebrate trees. C. Maintain an organization with a credible, professional identity and high public visibility in support of the Palo Alto urban forest. D. Assist the City of Palo Alto in its planning and performance of routine urban forestry programs on an ongoing basis and special projects associated with the Urban Forest Master Plan (UFMP), specified herein. E. Advocate for Palo Alto’s urban forest, within certain limitations as detailed below at “Goal E.” F. Conduct an assessment of recently planted street trees and assist with a locally- sourced carbon credit project. G. Administer Palo Alto Utility Department’s Right Tree in the Right Place Program (RTRP). Action Plans CONSULTANT shall perform the Services as follows: Goal A: Serve as a comprehensive information source about Palo Alto’s trees. 1. Provide, and perform timely updates to, comprehensive information on Palo Alto’s trees on the CONSULTANT’s website www.canopy.org. Report quarterly on the number of visits to the website, total number of page views, and traffic numbers by page title. Provide the percentage of traffic generated through key word searches. DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 6 of 16 2. Operate and publicize CONSULTANT’s information and referral “Tree Hotline” where people can phone in or email to ask specific questions about trees. Report quarterly on the number of calls fielded by CONSULTANT’s staff. 3. Maintain an online, searchable arborist list of ISA Certified Arborists for distribution to the community 4. Maintain and enhance the CONSULTANT’s online Tree Library. 5. Develop the “Preferred and Restricted Species List” (Program 1.A.ii of the UFMP). 6. Develop site specific species selection protocols to complement the “Preferred and Restricted Species List” such as including a list of tree species acceptable for use in areas where recycled water is or may be used for irrigation (Program 1.A.iii, and 2.C.iii of the UFMP). Goal B: Educate and motivate Palo Alto residents to plant, care for, and celebrate trees. 1. Prepare, plan and schedule at least ten educational tree walks over the contract term, including a quarterly ‘themed’ tree walk in various neighborhoods led by knowledgeable arborists. Update guideline materials for lead arborists and CONSULTANT representatives. Report quarterly on the number of walks conducted, walk locations, and number of attendees. 2. Prepare and schedule at least two public educational programs about trees and/or tree care each year including Arbor Day, Planting Leader Training, Tree Care Training and current relevant topics. 3. Partner with the City of Palo Alto Utilities Department (CPAU) to provide educational materials at area community fairs and events and produce new material on subjects such as tree maintenance, mistakes to avoid, and watering guidelines as needed. 4. Assist the CITY’s Public Works, Urban Forestry Section by distributing CONSULTANT’s “Young Tree Care” pamphlet to residents and businesses where new trees were planted. 5. Mail the “Save Our Water and Our Trees” reminder postcard at least once during each summer to each resident with a street tree planted in the last five years. Post the “Save Our Water and Our Trees” banner in a prominent area of the CITY. 6. Publish and distribute an annual report to the community. Publish monthly TreEnews electronic newsletters. Report quarterly on the number of issues published and types of social media utilized to host TreEnews. 7. Use community events in the field as opportunities to educate participants in proper tree planting and maintenance techniques. Provide volunteer field services for up to 100 public trees. These services may include coordination of community events for planting new trees and care for young trees. 8. Serve as a liaison to the Palo Alto School District (PAUSD) to increase awareness of the value of the trees on school district land, which could include educational events for students. 9. Organize the annual Mayor’s Tree Planting event. DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 7 of 16 10. Comply with all applicable legal and regulatory requirements regarding working with minors, where applicable (including, for example, but not limited to, conducting all required background checks and health screenings). 11. Conduct at least two community plantings per year with trees funded by the CITY. Regularly inspect and report problems or concerns about the trees in a format compatible with Tree Plotter, the CITY’s urban forestry crowdsourcing data platform. 12. Assist the CITY in developing open portals for data entry as a way of engaging the community as partners in stewardship and improving data currency and accuracy; UFMP Program 4.G.iii. 13. Report quarterly on programs including but not limited to tree planting, tree care and education. Provide details on activities, volunteer numbers and hours, educational materials, youth and adult education and outreach. Goal C: Maintain an organization with a credible, professional identity and high visibility in support of the Palo Alto urban forest. Leverage CITY funding to CONSULTANT with funding from other sources. 1. Conduct donor and membership recruitment to leverage this Agreement and help ensure a broad base of support for the activities relating to the Palo Alto urban forest. 2. Seek participation and support from the commercial and industrial community. 3. Maintain and implement communications strategies. 4. Seek other financial support (e.g., grants) outside of CITY government to provide increased services to the community and to increase public involvement. 5. Report quarterly on the governance, operations and capacity building to engage new member and increase efficiency. Goal D: Assist the City of Palo Alto in its planning and performance of routine urban forestry programs on an ongoing basis and with special projects associated with the UFMP. 1. Distribute timely updates about UFMP programs and initiatives to the public via CONSULTANT media sites; Programs 3.A.i. and 3.A.iii of the UFMP. 2. Implement a strategy to increase the number of trees in south Palo Alto by 1,000 over the term of the contract, including at least three community tree plantings a year. This contract includes funding for the planting of 530 trees; Program 1.D.i. of the UFMP. CONSULTANT’s responsibilities will include: a. Conducting at least 3 community tree planting events annually.  Identifying all planting sites  Contacting property owners  Creating species lists  Securing trees at nurseries and coordinating their delivery to Palo Alto  Field verifying planting sites and notifying Underground Service Alert (USA) prior to excavation*  Purchasing trees and associated planting materials (stakes and ties) DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 8 of 16  Creating and distributing outreach and/or marketing materials to property owners  Educating property owners about tree planting including species selection, proper planting techniques, post-planting care, and entering the tree information into the crowdsourced software system.  Coordinating the planting of trees  Collecting all refuse materials from planting sites and delivering them to a CITY-designated pickup site  Caring for the newly planted trees through the establishment period b. Administering the CITY’s crowdsource software platform, Tree Plotter, to encourage private property owners to enter information about newly planted trees and catalog trees not planted through community tree planting events. The CITY’s responsibilities will include:  Compiling south Palo Alto right-of-way planting site information and distributing it to CONSULTANT’s Project Coordinator in a timely fashion  Staging and watering nursery trees from nursery delivery until planting day  Delivering ‘No Parking’ signs and mulch to a pre-designated staging area, and trees to planting sites  Picking up refuse materials (nursery stakes, buckets, extra soil, turf and grass) at a pre-designated site post-planting  Assisting with information about trees planted on private property submitted as part of required landscape plans 3. The Great Oak Count: Urban Forest Master Plan Programs 2.A.i, 2.A.ii, 2.A.vii, 4.A.xi. The primary goal of the Great Oak Count is to update the Oakwell Survey in order to assess changes in Palo Alto’s native oak population since 1997, evaluate their health, recommend actions to improve conditions, and evaluate gaps and opportunities. The analysis of the oak population’s evolution combined with the historical oak removal permit data, conducted in partnership with the San Francisco Estuary Institute (SFEI), will help understand patterns and evaluate the effectiveness of the Palo Alto native oak tree protection ordinance adopted in 1996 and provide a basis for developing a plan to re-oak Palo Alto. Additional goals include: 1. Engaging Palo Alto residents, property owners, landscaping firms, real estate agents, and other audiences, in the appreciation and care for the precious resource resilient and climate-adapted native oaks represent; 2. Addressing scientific questions about how native trees provide ecological and ecosystem services in urban areas and how native oaks, in particular, can combat climate change through long term carbon sequestration at a relatively low water cost. a. STRATEGY and METHODOLOGY DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 9 of 16  Engage the public through interactions with volunteers, the Native Oak Tree Care door hanger, and online educational resources.  Provide fun and valuable experiences to volunteers with the goal of obtaining high-quality data and fostering an understanding and appreciation for native oaks and their care, and inspire participation in re-oaking efforts.  Train “Oak Spotters” and “Tree Plotters” in group events where youth and adults use their skills to contribute to data collection.  Partner with SFEI to perform sophisticated analysis of data collected in real-time.  Partner with Acterra, Audubon, and California Native Plant Society to develop educational materials and workshops on native oak woodland ecosystems and tree species in the urban landscape for the public and urban forestry staff.  Use equipment such as mobile devices and measuring tapes to produce accurate data collection.  Record data in the Tree-Plotter open data platform. b. DELIVERABLES  Engage 250 volunteers, and provide training for the Surveyor” and “Survey Leader” positions.  Survey 6,750 oaks, which is 75 percent of the estimated total number of oaks (assuming there are still about 9,000 oaks to survey, based on OakWell Survey data)  Tree Plotter enhancement to share the Great Oak Count data with community members, students, decision-makers, City of Palo Alto Staff, and researchers.  Integration of the oak-related tree removal permit historical data into the Great Oak Count (and in Tree Plotter), and analysis of permit patterns to inform the assessment of the effectiveness of the tree protection ordinance.  Interim results and outreach material to share them with stakeholders.  Quarterly report on activities. 4. Preferred and Restricted Species List: Urban Forest Master Plan Programs 1.A.ii, 6.J.vii, 3.A.i, 1.A.iii, 6.B.iv, 1.B.i, 1.A.iv. A Preferred and Restricted Species List will be a helpful tool for staff and property owners, and will benefit South Palo Alto properties. The list will acknowledge differing priorities for public and private trees on different property types, and will consider many tree characteristics in order to create a dynamic and long-lasting tool. Following the creation of this list, site- specific species selection protocols will be developed and shaped into a tool for practical use. Prioritizing species diversity and compatibility with the CITY Sustainability Plan, and then sharing DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 10 of 16 these tree lists with local commercial tree providers in order to encourage stocking of appropriate tree species. In collaboration with CITY staff and stakeholders CONTRACTOR will develop a “Preferred and Restricted Species List”. It will consist of two components: 1. a criteria-based filtering tool and 2. actual lists, current instances obtained by applying the filters. Stakeholders will include various CITY departments and teams such as the Office of Sustainability and the List will include consideration for the golf course, parks, preserves, open space, and other sites, to encourage the use of appropriate species for these sites. a. STRATEGY and METHODOLOGY  Take advantage of currently available tools such as the Canopy Tree Library  In partnership with CITY staff, define the specs of the preferred and restricted tree species list, including the type of publication  Devise a plan and timeline for the creation of the list  Following the creation of this list, site-specific species selection protocols will be developed and shaped into a tool for practical use, prioritizing species diversity and compatibility with the CITY Sustainability Plan  Outreach: The outreach component of this program is incorporated in Goal D.6. b. DELIVERABLES  List of trees that are “preferred” and “restricted”  Species selection protocols, displayed in an online tool, and including rating of query results along the “best fit for specific site” criterion.  Outreach materials  Quarterly report on activities. 5. Education, Outreach, and Marketing Campaign - Urban Forest Master Plan Programs 1.B.i, 2.A.vii, 2.A.viii and augmenting program delivery already occurring for 6.D.ii,, 6.D.iii Several UFMP programs address the City Council priority of correcting the disparity in tree canopy cover between North and South Palo Alto. Following the assessment and analysis of the disparity (Programs 6.D.i), the South Palo Alto Tree Initiative was launched to plant new trees in Palo Alto (Programs 6.D.ii). Program 6.D.iii is complementary to the planting effort and aims to “ensure that staff and contractors performing maintenance tasks in South Palo Alto know that preserving and increasing canopy - and focus on native and introduced climate-adaptive species - in South Palo Alto is a CITY priority.” CONTRACTOR will design, plan, and implement a communication campaign to educate the public, tree service companies, nurseries, realtors, and developers on DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 11 of 16 Palo Alto’s focus on urban tree canopy sustainability and current and/or updated regulations and guidelines. a. STRATEGY and METHODOLOGY  Take advantage of the current heightened level of interest in trees and their role in combating and mitigating climate change and associated urban heat island, to raise awareness in the community.  Use the occasion of the update of the tree protection ordinance (Title 8), the publication of the new Landscape and Tree Technical Manual, and the launch of the Preferred and Restricted Tree Species list, to inform target audiences of the updated regulations and guidelines in Palo Alto.  Use a variety of outreach means, such as emails, electronic newsletters, mailings, social media, printed media, and live events to reach out and educate targeted audiences. b. DELIVERABLES  Outreach materials and Ads (including design and printing)  Presentation development  Coordination with stakeholder groups, program planning, and public engagement  Blog posts, communications and promotional materials about Urban Forest Master Plan to public  Update vendors, tree care companies, and Hire and Arborist search engine on Canopy’s website  Updated tree care brochure  Quarterly report on activities. 6. Digital South Palo Alto Tree Initiative Tree Health Survey - Develop and conduct a south Palo Alto residential tree health survey to better and more quickly respond to tree care needs in Palo Alto. If the resulting survey data proves useful to city staff in prioritizing tree care efforts, the survey could be implemented city wide in future years, reaching more residents and targeting tree care more effectively. (Funding for this item is spread over FY 23 and FY 24 with the intention that it will take two fiscal years to create, launch and assess results of this pilot survey. Any further work on this item would require an additional contract amendment per Section 27.4 of this Agreement or could be included in a subsequent contract.) a. STRATEGY and METHODOLOGY  Pilot a digital residential tree health survey. The survey will prompt tree stewards to answer a questionnaire about their tree health and request a site visit for tree care through the survey, if needed. DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 12 of 16  Develop the survey in FY 2022/23 and pilot with Palo Alto’s current tree stewards.  In early FY 2023, send pilot survey to tree stewards.  In FY 2023, Canopy will assess the effectiveness of the survey by analyzing response rate and accuracy of reporting by tree stewards.  In FY 2023, draft a technical report to share with the City of Palo Alto which summarizes our findings. b. DELIVERABLES  FY 2022/23: A digital survey for residents of Palo Alto who planted trees in the last 3 years.  FY 2023: Surveys sent to current 3-year tree stewards  FY 2023: Analysis of the effectiveness of the survey  FY 2023: Technical report summarizing our findings of the pilot survey. Goal E: Advocate for Palo Alto’s Urban Forest, provided that CONSULTANT will not advocate for any CITY contract, funding, initiative, or other CITY action, that may constitute a prohibited financial or other interest by CONSULTANT, in conformity with State and Local laws and regulations regarding conflicts of interest. 1. Provide comment to CITY departments, City Council and the public upon review of policies, ordinances, and manuals that may affect the urban forest. 2. Issue letters of support or concern on behalf of CITY, at CITY’s request, for projects that positively or negatively impact the CITY’s trees. 3. Attend Council meetings and provide comments for projects involving practices that may impact the CITY’s urban forest. 4. Provide comments to news organizations and/or media outlets about trees in Palo Alto when appropriate, with CITY Project Manager approval. 5. Submit quarterly reports to CITY on CONSULTANT’s consulting and advocacy activities related to projects involving the CITY’s urban forest. Goal F: Conduct an assessment of the health of recently planted CITY trees and assist with a locally-sourced carbon credit project. 1. Conduct an annual CITY-wide survey of newly planted street trees and report this information to the Public Works Department and residents. 2. Organize and train a cadre of volunteers to monitor the condition of young trees, and perform simple tasks on site (such as adjusting tree ties or moving mounded mulch away from base of a tree trunk, provided that any such task is not in conflict with Section 26 of this Agreement). 3. Work with the CITY to integrate survey data into the crowdsourced data platform. DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 13 of 16 4. Estimate costs, determine co-benefits, identify partnership opportunities, leverage funding and quantify carbon sequestration for a locally-sourced carbon credit project within the Urban Forest Registry framework. Goal G: Administer the CITY Utilities Department’s (“CITY Utilities”) Right Tree in the Right Place (RTRP) Program. 1. Advertise, respond to, and screen inquiries about the RTRP program before forwarding requests to the Public Works Department (“PW”) for inspection. 2. Administer the process for applicants accepted by the Department of Public Works to participate in the RTRP program, including acceptance notification, removal confirmation, and stump grinding and replanting information at each location. Promote replanting where suitable. 3. Review applications and forward paperwork to CITY Utilities for applicant reimbursement. 4. Partner with CITY Utilities and PW Tree Division to extend the RTRP program to businesses. 5. Work with CITY Utilities to explore growth opportunities for the RTRP program such as exploring greenhouse gas and energy efficiency initiatives, local tree ordinances, and solar access requirements. 6. Provide quarterly summary spreadsheet reports of RTRP activities to CITY Utilities, and report on information distributed during the CITY Utility Department’s sponsored events or programs. DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 14 of 16 EXHIBIT “B” SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. Goals/Milestones Completion Date Goal A: Serve as a comprehensive information source about Palo Alto trees Ongoing Goal B: Educate and motivate Palo Alto residents to plant, care for, and celebrate trees. Ongoing Goal C: Maintain an organization with a credible, professional identity and high public visibility in support of the Palo Alto urban forest. Ongoing Goal D.1.: Assist the City of Palo Alto in its planning and performance of routine urban forestry programs on an ongoing basis. Ongoing Goal D.2.: South Palo Alto Tree Initiative. Implement a strategy to increase the number of trees in south Palo Alto by 1,000 over the contract term, including at least three community tree plantings. This contract includes funding for 530 CONSULTANT-planted trees. Contract Term Goal D.3.: Great Oak Count. Update the Oakwell Survey to assess changes in Palo Alto’s native oak population, evaluate tree health, recommend actions to improve conditions, and evaluate gaps and opportunities. Engage 250 volunteers, provide training for the Surveyor” and “Survey Leader” positions to survey 6,750 oaks, which is 75 percent of the estimated total number of oaks Contract Term Goal D.4.: Preferred and Restricted Species List. Create a list of trees that are “preferred” and “restricted”. Create species selection protocols, displayed in an online tool, and including rating of query results along the “best fit for specific site” criterion. Create and distribute outreach materials. Contract Term Goal D.5.: Education, Outreach, and Marketing Campaign. design, plan, and implement a communication campaign to educate the public, tree service companies, nurseries, realtors, and developers on Palo Alto’s focus on urban tree canopy sustainability and current and/or updated regulations and guidelines Contract Term Goal D.6.: Digital South Palo Alto Tree Initiative Tree Health Survey Contract Term Goal E: Advocate for Palo Alto’s urban forest. Ongoing Goal F: Conduct an assessment of the health of recently planted street trees and assist with a locally-sourced carbon credit project. Ongoing Goal G: Administer the Utilities Department’s Right Tree in the Right Place Program (RTRP). Ongoing DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 15 of 16 EXHIBIT “C” COMPENSATION, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. BUDGET SCHEDULE TASK DESCRIPTION – FULL DESCRIPTIONS IN EXHIBIT A NOT TO EXCEED Goals A, B, C, D.1, E, F and G $ 339,420 Goal D.2: South Palo Alto Tree Planting $ 357,300 Goal D.3: The Great Oak Count $ 117,000 Goal D.4: Preferred and Restricted Species List $ 40,000 Goal D.5: Education, Outreach, and Marketing Campaign $ 80,000 Goal D.6: Digital South Palo Alto Tree Survey $ 34,000 Total Contract All Tasks Not to Exceed: $ 967,720 SUB-TOTAL BASIC SERVICES: $967,720 REIMBURSABLE EXPENSES (IF ANY) $0 TOTAL BASIC SERVICES AND REIMBURSABLE EXPENSES $967,720 ADDITIONAL SERVICES (IF ANY) (NOT TO EXCEED) $0 MAXIMUM TOTAL COMPENSATION $967,720 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5 Vers.: Aug. 5, 2019 Page 16 of 16 EXHIBIT “C-1” SCHEDULE OF RATES (AMENDED, REPLACES PREVIOUS) CONSULTANT’s schedule of rates is as follows: SCHEDULE OF RATES 2017-2022 and 2023-2025 Hourly Rates FY 2017-2022 FY 2023 FY 2024 Executive Director $135 $159 $162 Senior Director of Programs n/a $142 $146 Program Director $80 n/a n/a Development Director n/a $142 $146 Senior Development Specialist $80 n/a n/a Development Manager $55 n/a n/a Education Manager $55 n/a n/a Education Director n/a $72 $74 Community Forestry Coordinator $55 $65 $66 Tree Care Coordinator n/a $65 $66 Program Operations Manager $55 n/a n/a Operations Director n/a $89 $91 Youth Program Coordinator n/a $65 $66 Interns/ Youth Staff $25 $29 $30 DocuSign Envelope ID: 46A2D87C-0983-4842-B089-71A0C38BC7D5