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HomeMy WebLinkAboutStaff Report 2403-2749CITY OF PALO ALTO CITY COUNCIL Special Meeting Tuesday, June 18, 2024 Council Chambers & Hybrid 4:00 PM     Agenda Item     3.Approval of Amendment No. 3 to Contract Number C21180324 with Canopy in the Amount of $376,550 and to Extend Contract Term for One Year for Continued Implementation of Urban Forest Master Plan Programs, and Approval of a Budget Amendment in the General Fund; CEQA Status - Exempt Under CEQA Guidelines Section 15308 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: June 18, 2024 Report #:2403-2749 TITLE Approval of Amendment No. 3 to Contract Number C21180324 with Canopy in the Amount of $376,550 and to Extend Contract Term for One Year for Continued Implementation of Urban Forest Master Plan Programs, and Approval of a Budget Amendment in the General Fund; CEQA Status - Exempt Under CEQA Guidelines Section 15308 RECOMMENDATION Staff recommends that the City Council: 1. Approve and authorize the City Manager or their designee to execute Amendment No. 3 to Contract Number C21180324 with Canopy, to add to the scope of services for the provision of services to support the implementation of Urban Forest Master Plan programs, extend the contract term for one year through June 30, 2025, and increase the not-to-exceed amount of the contract by $376,550, for a new total not-to-exceed amount of $1,344,270, and 2. Amend the Fiscal Year 2025 Budget Appropriation for the General Fund (2/3 vote needed) by: a. Increasing the Public Works Department Public Services Division Operating Budget by $148,750; and b. Increasing the Public Works Department Revenue by $148,750 (use of funds in the Tree Preservation Deposits Account). 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 Canopy1 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 (UFMP). In 2021, the contract’s term expiration was extended via Amendment No. 1 to June 7, 2022. In 2022, City Council approved Amendment No. 22, extending the contract term to June 30, 2024, as well as adding additional projects to the scope of services. At the end of the Amendment No. 2 term, staff had anticipated conducting a solicitation to obtain proposals for the next contract for these services. However, new data has become available in recent months related to the Urban Forest in Palo Alto that requires further analysis and possible updates to the long-term planning for the City’s Urban Forestry program. Specifically, the City obtained updated urban tree canopy coverage numbers for 2020 and 2022. An initial review of the data shows a decrease in canopy coverage in every Palo Alto neighborhood between 2020 and 2022. Analysis of this data will inform the types of programs and services that will need to be included in the scope of services for the next contract. Santa Clara County, and potentially the entire Bay Area, will also be facing another major threat to the region's urban forests. The invasive tree borer beetle known as the Invasive Shothole Borer (ISHB) has been confirmed in several locations in San Jose. Staff are participating in regional meetings and coordinated response planning sessions regarding ISHB. Staff have also begun preparations to deal with ISHB when it arrives in the city limits, but until the extent of the current infestation is known it is impossible to determine the specific measures that may be needed. Staff believes that the extent of the infestation will be known when the time comes to prepare the scope of work for the RFP that will replace this contract after the Amendment 3 term expires. ANALYSIS 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 highly 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. 1 City Council, December 7, 2020; Agenda Item #5; SR#10882, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020-2/id-10882.pdf 2 City Council, June 21, 2022; Agenda Item #1; SR#14389 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81918 While there are other Bay Area environmental nonprofit groups, staff is not aware of any that 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 currently required. An exemption to competitive solicitation pursuant to Palo Alto Municipal Code section 2.30.360(d) was approved by the City Manager. Staff proposes to use the Request for Proposal (RFP) process for a new Urban Forestry Education, Outreach and Urban Forest Master Plan Program Implementation contract to begin in Fiscal Year 2026 after the term of this proposed amendment expires. •Digital Palo Alto Tree Health Survey – Urban Forest Master Plan 6.D.i., 6.D.ii. •Guidance Documents for Solar Panels and Trees: Urban Forest Master Plan 3.A.iv, 3.A.v Canopy will create and distribute an informational guide on how to select appropriate tree species when planning to install solar panels. The guide will be provided at tabling and outreach events, as well as be available on Canopy’s website as a resource for residents. •Educational Materials for Planting Oaks and Native Trees: Urban Forest Master Plan 6.J.viii •Educational Materials for Oak Tree Care: Urban Forest Master Plan 2.A.vii will distribute these materials to residents, new homeowners and tree care companies, and update Canopy’s website with the latest information. •Educational Materials for Invasive Species: Urban Forest Master Plan 2.A.v Canopy will develop educational materials on removing invasive tree species for distribution to residents. Materials will include any information on incentives for homeowners that the City of Palo Alto offers for removing invasive tree species. Canopy will distribute these materials to residents and update Canopy’s website with the latest information. •Community Pruning Workshops: Urban Forest Master Plan 4.A.iv, 4.A.x Canopy will plan and conduct five pruning workshops for community members to provide guidance and hands-on instruction on proper young tree maintenance. Canopy will consult with the City to determine the time and location of each workshop. Canopy will also provide all necessary equipment and train and coordinate with all volunteers for each event. FISCAL/RESOURCE IMPACT The one-year amendment increases the cost of the contract by $376,550, revising the not-to- exceed total contract amount to $1,344,270. The amendment is scheduled to commence at the start of Fiscal Year 2025, on July 1, 2024 and end on June 30, 2025. The table below shows the breakdown of the Canopy program components and the fee schedule for Amendment #3: Table #1: Contract Totals by Item Item #Item Description Previous Contract (12/2020 to 06/2024) Amendment #3 (07/2024 to 06/2025) New Contract Total 1 Basic Services $339,420 $103,800 $443,220 2 S.P.A. Tree Planting $357,300 $148,750 $506,050 3 Great Oak Count $117,000 N/A $117,000 4 P&R Species List $40,000 N/A $40,000 5 Outreach $80,000 N/A $80,000 6 Digital Tree Survey $34,000 $34,000 $68,000 7 Oak Tree Planting Edu.N/A $15,000 $15,000 8 Oak Tree Care Edu.N/A $15,000 $15,000 9 Invasive Species N/A $15,000 $15,000 10 Solar Panels & Trees N/A $15,000 $15,000 11 Pruning Workshops N/A $30,000 $30,000 Totals:$967,720 $376,550 $1,344,270 The following details how each amendment item will be funded: Funding for Item 1 is available in the Public Works, Community Services, and Utilities Departments’ Fiscal Year 2025 Adopted Budgets. STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Vers.: Aug. 5, 2019 Page 1 of 19 AMENDMENT NO. 3 TO CONTRACT NO. C21180324 BETWEEN THE CITY OF PALO ALTO AND CANOPY FOR PROFESSIONAL SERVICES This Amendment No. 3 (this “Amendment”) to Contract No. C21180324 (the “Contract” as defined below) is entered into as of May 13, 2024, 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 entered into Amendment No. 2 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 therein. D. The Parties now wish to amend the Contract in order to extend the contract term through June 30, 2025, add to the scope of services, and increase not-to-exceed compensation by Three Hundred Seventy-Six Thousand Five Hundred Fifty Dollars ($376,550), from Nine Hundred Sixty-Seven Thousand Seven Hundred Twenty Dollars ($967,720) to a new total not-to- exceed compensation of One Million Three Hundred Forty-Four Thousand Two Hundred Seventy Dollars ($1,344,270), 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: DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 2 of 19 Amendment No. 1, dated December 6, 2021 Amendment No. 2, dated June 21, 2022 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: “The term of this Agreement shall be from the date of its full execution through June 30, 2025 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 One Million Three Hundred Forty-Four Thousand Two Hundred Seventy Dollars ($1,344,270), 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. 3”, AMENDED, REPLACES PREVIOUS. b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3”, AMENDED, REPLACES PREVIOUS. c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 3”, AMENDED, REPLACES PREVIOUS. DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 3 of 19 d. Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 3”, 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. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 4 of 19 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:_________________________ Attachments: Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 3” (AMENDED, REPLACES PREVIOUS) Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO.3” (AMENDED, REPLACES PREVIOUS) Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 3” (AMENDED, REPLACES PREVIOUS) Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 3” (AMENDED, REPLACES PREVIOUS) DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Co-chair, Board of Directors Holly L Pearson Jean Paul Renaud, Executive Director Executive Director Vers.: Aug. 5, 2019 Page 5 of 19 EXHIBIT “A” SCOPE OF SERVICES, AMENDMENT NO. 3 (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: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 6 of 19 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 thirteen 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 175 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: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 7 of 19 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 three 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. UFMP Outreach: 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. South Palo Alto Tree Planting: 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 705 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: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 8 of 19 • 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: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 9 of 19 • 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: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 10 of 19 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.” DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 11 of 19 CONTRACTOR will 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. 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 – Urban Forest Master Plan 6.D.i., 6.D.ii. - Develop and conduct a south Palo Alto residential tree health survey to better and more quickly respond to tree care needs in Palo Alto. Since the resulting survey data proved useful to City staff and Canopy in prioritizing tree care efforts, the survey will be implemented city wide for the next two years, reaching more residents and targeting tree care more effectively. Revise the pilot 2023 Digital Tree Health Survey to an improved survey for FY2024 and FY2025 to evaluate and address tree care needs most efficiently and effectively for residents in Palo Alto. As for FY2023, results will be used to inform tree care and target trees that need care the most. Results from FY 2024 will also be compared to results in FY 2023 to evaluate trends in tree care. a. STRATEGY and METHODOLOGY DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 12 of 19 • 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. • 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. • Revise the FY2023 Digital Tree Health Survey for FY2024 and FY2025 • Send revised survey to Palo Alto tree stewards to answer questions about their tree(s) health and request a site visit for tree care through the survey, as needed • Analyze and plan tree care needs in FY 2024 and FY2025 • Compare results to previous FY • Prepare a technical report to share with the City of Palo Alto which summarizes the 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. • FY 2024 & FY 2025: A revised Digital Tree Health Survey distributed to Palo Alto tree stewards who have had a tree planted by Canopy within the last 3 years • FY 2025: Analysis of tree care needs in FY 2024 and a comparison of results with FY 2023 • FY 2025: A technical report for the City of Palo Alto which summarizes the findings • Quarterly reporting on activities 7. Educational Materials for Planting Oaks and Native Trees: Urban Forest Master Plan 6.J.viii, - Develop educational materials about planting oaks and other native tree species for distribution to residents who are interested in planting trees and/or are selecting trees to plant in Palo Alto. Provide any information on incentives that the City of Palo Alto offers for homeowners about planting oaks or other native species. DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 13 of 19 Distribute materials to residents, vendors, and tree nurseries, and update Canopy’s website with the latest information. a. DELIVERABLES • Coordination with the City of Palo Alto on identifying incentives for planting native trees • Outreach materials (including design and printing) • Coordination with stakeholder groups and public engagement • Blog posts, communications, and promotional materials • Inform vendors and tree nurseries on any promotions • Update Canopy’s website on incentivized trees • Quarterly reporting on activities 8. Educational Materials for Oak Tree Care: Urban Forest Master Plan 2.A.vii - Develop educational materials on how to care for oaks for distribution to residents who have planted or are interested in planting oak trees in Palo Alto. Distribute materials to residents, new home owners and tree care companies, and update Canopy’s website with the latest information. a. DELIVERABLES • Outreach materials (including design and printing) • Coordination with stakeholder groups and public engagement • Blog posts, communications, and promotional materials • Update Canopy’s website on incentivized trees • Quarterly reporting on activities 9. Guidance Documents for Solar Panels and Trees: Urban Forest Master Plan 3.A.iv, 3.A.v - Create and distribute an informational guide on how to select appropriate tree species when planning to install solar panels. The guide will be provided at tabling and outreach events, as well as, provided on Canopy’s website as a resource for residents. a. DELIVERABLES • Coordination with the City of Palo Alto on solar panel guidelines • Outreach materials (including design and printing) • Coordination with stakeholder groups and public engagement • Distribution at tablings and other Canopy outreach events • Update Canopy’s website on selecting the proper tree species • Quarterly reporting on activities 10. Educational Materials for Invasive Species: Urban Forest Master Plan 2.A.v - Develop educational materials on removing invasive tree species for distribution to residents in Palo Alto. Provide any information on incentives for homeowners that the City of DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 14 of 19 Palo Alto offers for removing invasive tree species. Distribute materials to residents and update Canopy’s website with the latest information. a. DELIVERABLES • Coordination with the City of Palo Alto on identifying incentives for removing invasive species • Outreach materials (including design and printing) • Coordination with stakeholder groups and public engagement • Blog posts, communications, and promotional materials • Update Canopy’s website on incentivized trees • Quarterly reporting on activities 11. Community Pruning Workshops: Urban Forest Master Plan 4.A.iv, 4.A.x - Plan and conduct five pruning workshops for community members to provide guidance and hands-on instruction on proper young tree maintenance. Canopy will consult with the City to determine the time and locations of each workshop. Canopy will also provide all necessary tools/ equipment and train/ coordinate with all volunteers for each event. a. Each workshop will be at least 2 hours and will include the following: • Assessing tree health and risks • Proper pruning methods/techniques • Use of tools and equipment • Reviewing proper irrigation and water requirements of young trees b. DELIVERABLES • Coordination with the City of Palo Alto to identify workshop locations • Coordination with stakeholder’s groups and public engagement • Five workshops as described above • Communication and promotional materials, as well as updating Canopy’s website • Quarterly reporting on activities 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. DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 15 of 19 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. 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: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 16 of 19 EXHIBIT “B” SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3 (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. Serve as a comprehensive information source about Palo Alto trees Ongoing Educate and motivate Palo Alto residents to plant, care for, and celebrate trees.Ongoing : Maintain an organization with a credible, professional identity and high public visibility in support of the Palo Alto urban forest. Ongoing Assist the City of Palo Alto in its planning and performance of routine urban forestry programs on an ongoing basis. Ongoing 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 Goal D.3. native oak population, evaluate tree health, recommend actions to improve conditions, Surveyor” and “Survey Leader” positions to survey 6,750 oaks, which is 75 percent of the Goal D.4 including rating of query results along the “best fit for specific site” criterion. Create and Goal D.5.: realtors, and developers on Palo Alto’s focus on urban tree canopy sustainability and Goal D.6.: Goal D.7.: Goal D.8.: Goal D.9.: Goal D.10.: Goal D.11.: Goal E: Goal F: Goal G: DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 17 of 19 EXHIBIT “C” COMPENSATION, AMENDMENT NO. 3 (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 Goals A, B, C, D.1, E, F and G $ 443,220 Goal D.2: South Palo Alto Tree Planting $ 506,050 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 $ 68,000 Goal D.7: Educational Materials for Planting Oaks and Native Trees $ 15,000 Goal D.8: Educational Materials for Oak Tree Care $ 15,000 Goal D.9: Guidance Documents for Solar Panels and Trees $ 15,000 Goal D.10: Educational Materials for Invasive Species $ 15,000 Goal D.11: Community Pruning Workshops $ 30,000 Total Contract All Tasks Not to Exceed: $ 1,344,270 SUB-TOTAL BASIC SERVICES: $1,344,270 REIMBURSABLE EXPENSES (IF ANY) $0 TOTAL BASIC SERVICES AND REIMBURSABLE EXPENSES $1.344,270 ADDITIONAL SERVICES (IF ANY) (NOT TO EXCEED) $0 MAXIMUM TOTAL COMPENSATION $1,344,270 REIMBURSABLE EXPENSES DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 18 of 19 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: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Vers.: Aug. 5, 2019 Page 19 of 19 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 FY 2025 Executive Director $135 $159 $162 $168 Senior Director of Programs n/a $142 $146 $151 Program Director $80 n/a n/a n/a Development Director n/a $142 $146 $151 Senior Development Specialist $80 n/a n/a n/a Development Manager $55 n/a n/a n/a Education Manager $55 n/a n/a n/a Education Director n/a $72 $74 $77 Community Forestry Coordinator $55 $65 $66 $69 Tree Care Coordinator n/a $65 $66 $69 Program Operations Manager $55 n/a n/a n/a Operations Director n/a $89 $91 $94 Youth Program Coordinator n/a $65 $66 $69 Interns/ Youth Staff $25 $29 $30 $31 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B