HomeMy WebLinkAbout2019-10-08; City Council; Resolution 2019-194RESOLUTION NO. 2019-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING FOR A
WARD'S WEED ERADICATION PROGRAM BETWEEN THE CITY OF CARLSBAD,
NATURE COLLECTIVE, COUNTY OF SAN DIEGO, AND CENTER FOR NATURAL
LANDS MANAGEMENT AND TAKING RELATED ACTIONS TO IMPLEMENT THE
PROGRAM.
WHEREAS, the City Council of the City of Carlsbad has determined that protecting the city's
open space and the natural environment is one of the core values identified in Carlsbad's Community
Vision; and
WHEREAS, Ward's weed is a highly invasive non-native plant that threatens native habitats,
protected plant and animal species, recreation areas and agricultural areas; and
WHEREAS, Ward's weed was first discovered in Carlsbad in 2008, which was the first recorded
discovery in North America, and is now known to have spread to approximately 200 acres of habitat
within the city's Habitat Management Plan (HMP) preserve; and
WHEREAS, investing in early and aggressive control of this species will save the city a significant
amount of resources in the future; and
WHEREAS, staff has partnered with the County of San Diego, Nature Collective, and Center for
Natural Lands Management to identify sources of funding for Ward's weed eradication, develop an
effective treatment protocol, and develop best management practices; and
WHEREAS, Nature Collective, San Diego County, and Center for Natural Lands Management
have identified approximately $200,000 from grants and other sources for Ward's weed eradication
services in the City of Carlsbad; and
WHEREAS, the proposed Memorandum of Understanding (MOU) made between the City of
Carlsbad, the County of San Diego, Nature Collective and the Center for Natural Lands Management
will formalize each party's obligations regarding funding, treatment prioritization, treatment areas,
schedule and coordination efforts; and
WHEREAS, to fulfill its commitment under the MOU, the city would provide Ward's weed
eradication services through a proposed sole source agreement with ACS Habitat Management, which
has extensive specialized experience treating Ward's weed; and
WHEREAS, there are adequate budgetary savings in the fiscal year 2018-19 Environmental
Management Department Operating Budget for a $200,000 carry-over appropriation to the fiscal year
Oct. 8, 2019 Item #1 Page 8 of 50
2019-20 Environmental Management Department Operating Budget, for purposes of funding the
proposed ACS Habitat Management agreement; and
WHEREAS, the majority of the known Ward's weed infestation is on privately-owned preserve
lands within the Bressi Ranch Preserve, Bressi Spectrum Preserve and Rancho Carrillo Preserve, and
the city will execute right of entry permits with the affected private property owners prior to
performing eradication services on those properties; and
WHEREAS, the City Council of the City of Carlsbad finds that the dedication of public resources
to perform the Ward's weed eradication services on such privately-owned preserve lands serves the
public purpose of protecting the city's native habitats, protected plant and animal species, recreation
areas and agricultural areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Manager, or designee, is hereby authorized and directed to execute the
I
Memorandum of Understanding between the City of Carlsbad, Nature Collective, San
Diego County and Center for Natural Lands Management for a Ward's weed eradication
program, attached hereto as Attachment A.
3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute an
agreement with ACS Habitat Management to provide Ward's weed eradication services,
in an amount not to exceed $200,000 for the initial two-year term, attached hereto as
Attachment B.
4. That the City Manager, or designee, is hereby authorized to execute amendments to
extend the ACS Habitat Management agreement for up to three additional one-year
terms or parts thereof, in an amount not to exceed $100,000 per each additional one-
year term.
5. That the deputy city manager, administrative services branch, is hereby authorized to
carry-over and appropriate budgetary savings of $200,000 from the FY 2018-19
Environmental Management Department Operating Budget to the FY 2019-20
Environmental Management Department Operating Budget, to fund the ACS Habitat
Management agreement.
Oct. 8, 2019 Item #1 Page 9 of 50
6. That the City Manager, or designee, is hereby authorized to execute Right of Entry
Permits related to the Ward's weed eradication program, attached hereto as
Attachment C.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of October 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
NAYS: None.
ABSENT: None.
(SEAL)
Oct. 8, 2019 Item #1 Page 10 of 50
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSB~D, THE COUNTY OF SAN DIEGO, THE NATURE
COLLECTIVE, ANDTHE'CENTER FOR NATURAL LANDS MANAGEMENT FOR
THE WARD'S WEED ERADICATION PROGRAM
This Memorandum of Understanding (MOU) is made and entered into on ____ __,
2019 by and among the City of Carlsbad, the County of San Diego, the Nature Collective
(formerly the San Elijo Lagoon Conservancy) and the Center for Natural Lands Management
(individually Party and collectively Parties).
RECITALS
A. Ward's weed is a highly invasive non-native plant that threatens native habitats,
protected plant and animal species, recreation and agricultural areas, and increases the wildfire
fuel load. Local and state agencies recognize Ward's weed as a high priority for eradication.
B. Ward's weed was first discovered in North America on the Rancho La Costa Preserve in
the City of Carlsbad in 2008. It has since been found in approximately 200 acres of habitat
within the City of Carlsbad's Habitat Management Plan (HMP) preserve. Ward's weed has been
found at three other locations in San Diego County, however 90% of the known infestation is in
the City of Carlsbad.
C. Infested areas in the City of Carlsbad, as more particularly described in Attachment A,
include nine acres of land managed by the Center for Natural Lands Management and
approximately five acres on City-maintained areas (Alga Norte Park landscaping and two City
trail easements). The remaining infestation, approximately 186 acres, is on unmanaged HMP
preserve land owned by a homeowners' associations and business associations.
D. Local agencies and stakeholders, including the City of Carlsbad, the County of San Diego,
the Nature Collective, and Center for Natural Lands Management, have identified effective
treatment methods and best management practices, provided educational outreach to affected
groups, and developed a proposed Ward's weed eradication program for the infested areas in
the City of Carlsbad.
E. The Parties have identified the application of a pre-emergent herbicide, Gallery SC,
which stops the Ward's weed seeds from germinating and prevents future seed production, as
the best method to eradicate this species (the Eradication Services). For the pre-emergent
herbicide to work properly, it must be applied not long before the first measurable rainfall of
the season, which may occur as early as November 1.
F. The Parties have entered into, or will enter into, separate contracts with a contractor to
perform Eradication Services during Fiscal Years 2019-2021 (the Contracts), in the following
Oct. 8, 2019 Item #1 Page 11 of 50
October 9th
estimated amounts: City of Carlsbad ($200,000}; the Nature Collective ($100,000}; and Center
for Natural Lands Management ($10,000}. Grant funding obtained by the County of San Diego
($82,400) will be used by County staff to perform ward's weed eradication activities, and
approximately $1,600 will be provided by Center for Natural Lands Management for in-kind
staff time.
G. The Parties agree that coordinated, aggressive control of this species will save a
significant amount of resources in the future. The Parties desire to execute this MOU to define
the terms and conditions under which the Parties will coordinate and prioritize activities,
amongst themselves and with ACS under the Contracts, to prevent the introduction,
establishment and spread of Ward's weed within the City of Carlsbad.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, the Parties agree as follows:
AGREEMENT
A. Prior to November 1, 2019, each Party shall execute and secure funding for their respective
agreement for the Eradication Services within the City of Carlsbad for the period of two
years (2019-2021). The amounts for the contracts are estimated as follows: the County of
San Diego ($82,400); the Nature Collective ($100,000}, the City of Carlsbad ($200,000); and
the Center for Natural Lands Management ($10,000).
B. Each Party's contract shall provide Eradication Services in the City of Carlsbad that allows
for a treatment protocol using Gallery SC, a pre-emergent used in native habitat landscapes
for Ward's weed control. Each Party shall be responsible for their respective contractual
requirements, including but not limited to the payment of contract costs and providing
direction to their contractor(s) under their respective contracts.
C. Each Party shall be responsible for obtaining any necessary permissions to access private
property within the infestation area of the City of Carlsbad, for purposes of providing the
Eradication Services.
D. Prior to November 1, 2019, the Parties and their contractors will meet to discuss current
conditions, prioritize treatment areas for the Eradication Services, develop a treatment
schedule, and finalize any other necessary program details to treat Ward's weed in the City
of carlsbad during the upcoming growing season (generally, November 2019 -June, 2020).
The Parties agree to use a mutually agreed upon adaptive management strategy, which may
require future adjustments to the treatment methods, prioritization of treatment areas, and
treatment schedule based on factors such as new data, weather, site conditions, and
regular coordination.
E. The Parties agree that the "treatment area" will include the known area of infestation in
Carlsbad, as further described on Attachment A. Currently (August 2019), the mapped
Oct. 8, 2019 Item #1 Page 12 of 50
infestation area is between El Camino Real and the eastern border of the city, and between
Palomar Airport Road and Alga Road. This treatment area may expand if additional areas
are found to be infested in the City of Carlsbad.
F. The Parties acknowledge that contract contributions from each Party will be as follows
during the term of this MOU: (1) the Center for Natural Lands Management's contract will
only be used to provide treatment within areas owned and managed by the Center for
Natural Lands Management, as further depicted in Attachment A; (2) the County of San
Diego's contract will be used within open space areas south of Poinsettia Lane, areas north
of Poinsettia Lane that are owned by Rancho Carrillo Master Association, and a portion of
the open space owned by Bressi Spectrum, as further depicted in Attachment A; and (3) the
contracts for the Nature Collective and the City of Carlsbad will be used for initial
treatments within the Bressi Ranch and Bressi Spectrum open space areas (which may
include both preserve and adjacent fuel modification areas), as further depicted in
Attachment A. The contracts for the Nature Collective and the City of Carlsbad may also be
used to re-treat areas throughout all areas if surplus funds remain. If there is insufficient
contract capacity to treat the entire treatment area initially, or to re-treat all areas in need
of follow-up treatment, the Parties shall mutually agree on re-prioritization of treatment
areas.
G. This MOU may be revised as necessary by mutual consent of the Parties, through a written
amendment executed by all Parties.
H. This MOU in no way restricts any Party from participation in similar agreements and/or
activities with other public or private entities.
I. This MOU shall be effective upon execution by the City of Carlsbad and the Nature
Collective (Effective Date) and, unless otherwise amended, expires two (2) years after the
Effective Date. Any Party may terminate their participation in this MOU by providing 60
days' written notice to the other Parties of its desire to withdraw from the MOU. If such
notice is given, the MOU shall continue to be binding on the Parties who have not formally
withdrawn.
J. Notwithstanding any other provision herein, the Parties acknowledge that the County of
San Diego and the Center for Natural Lands Management may not execute this MOU
concurrently with the City of Carlsbad and the Nature Collective. If either the County of San
Diego or the Center for Natural lands Management execute the MOU at this later date, that
Party may join the MOU without need for further approval by the other Parties.
K. All obligations of the City of Carlsbad and the County of San Diego under the terms of this
MOU are subject to the appropriation of the required resources by the City Council of the
City of Carlsbad and the Board of Supervisors of the County of San Diego, respectively.
Oct. 8, 2019 Item #1 Page 13 of 50
L. Each Party shall perform its·responsibilities and activities described herein as an
independent party and not as an officer, agent, servant, or employee of any of the other
Parties hereto. Each Party shall be solely responsible for the acts and omissions of its
officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be
considered as creating a partnership or joint venture between the Parties.
M. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights
in third parties to this MOU or affect the legal liability of the Parties to third parties.
N. Any notice required under this MOU may be personally served on the other Parties, by the
Party giving notice, or may be served by certified mail, return receipt requested, to the
following addresses:
City of Carlsbad
Attn: Rosanne Humphrey
1635 Faraday Avenue
Carlsbad, CA 92008
County of San Diego
Attn: Ha Dang
Dept. of Agriculture, Weights and Measures
9325 Hazard Way Suite 100
San Diego, CA 92123
Nature Collective
Attn: Doug Gibson
P.O. Box 230634
Encinitas, CA 92023
Center for Natural Lands Management
Attn: Isabella Gelmi
27258 Via lndustria, Suite B
Temecula, CA 92590
0. This MOU may be executed in any number of identical counterparts, each of which shall be
deemed to be an original, and all of which together shall be deemed to be one and the
same instrument when each Party has signed one such counterpart.
P. All terms, conditions, and provisions of this MOU shall inure to and shall bind each of the
Parties hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
Q. This MOU shall be interpreted in accordance with the laws of the State of California. If any
action is brought to interpret or enforce any term of this MOU, the action shall be brought
in the County of San Diego, State of California.
Oct. 8, 2019 Item #1 Page 14 of 50
City of Carlsbad
APPROVED AS TO FORM:
City of Carlsbad
Doug Gibson, Executive Director
The Nature Collective
Ha Dang, Agricultural Commissioner
San Diego County
APPROVED AS TO FORM:
Legal Counsel
San Diego County
Isabella Gelmi, Corporate Secretary
Center for Natural Lands Management
Oct. 8, 2019
lo/ey /I 1
Date
Date
Date
Date
Date
Item #1 Page 15 of 50
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the dates written below.
Scott Chadwick, City Manager
City of Carlsbad
APPROVED AS TO FORM:
Amanda Guy, Deputy City Attorney
City of Carlsbad
The Nature Collective
Ha Dang, Agricultural Commissioner
San Diego County
APPROVED AS TO FORM:
Legal Counsel
San Diego County
Isabella Gelmi
Center for Natural Lands Management
Oct. 8, 2019
Date
Date
Date
Date
Date
Date
Item #1 Page 16 of 50
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the dates written below.
Scott Chadwick, City Manager
City of Carlsbad
APPROVED AS TO FORM:
Amanda Guy, Deputy City Attorney
City of Carlsbad
Doug Gibson, Executive Director
The Nature Collective
Ha Dang, Agricultural Commissioner
San Diego County
APPROVED AS TO FORM:
Legal Counsel
San Diego County
Isabella Gelmi, Corporate Secretary
Center for Natural Lands Management
Oct. 8, 2019
Date
Date
Date
Date
Date
9/23/2019
Date
Item #1 Page 17 of SO
Oct. 8, 2019Item #1 Page 18 of 50A :: C HMP Preseive ~ Ward's Weed Infestation Ward's Weed Infestation and Treatment Areas (' L, s. .q ,r Center for Natural Lands Management (CNLM) Nature Collective and City of Carlsbad n, County Dept of Agriculture, Weights and Measures '1 Attachment A r r ., i': ~ p Q 2.000 ~E------3~~~~::::====;:;;E------3~~~~;:===jl Feel
PSA20-895ENV
AGREEMENT FOR WARD'S WEED ERADICATION SERVICES
ACS HABITAT MANAGEMENT, INC.
ylilS AGREEMENT is made and entered into as of the 9 -tL day of C:L ~ , 2019, by and between the City of Carlsbad, a municipal
corporation, ("City"), and ACS Habitat Management, Inc., a California corporation ("Contractor").
RECITALS
A. City requires the professional services of a habitat management company that is
experienced in Ward's weed eradication.
B. Contractor has the necessary experience in providing professional services and
advice related to Ward's weed eradication services.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date first above
written. The City Manager may amend the Agreement to extend it for three (3) additional one (1)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
two hundred thousand dollars ($200,000). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. If the City elects to
extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000)
per Agreement year.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
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PSA20-895ENV
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
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10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Rosanne Humphrey
Title Senior Program Manager
PW -Environmental
Department _M__...g_m_t. _______ _
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad, CA 92008
Phone No. 760-602-4689
For Contractor
Name Graydon Dill
Title Project Manager
Address 4011 Avenida de la Plata Ste 310
Oceanside, CA 92056
Phone No. 760-681-9193
Email graydond@acshabitat.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
Ill
Ill
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
YesD No [R]
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
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under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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Oct. 8, 2019 Item #1 Page 24 of 50
PSA20-895ENV
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
ACS Habitat Management, Inc., a
California corporation
By:
(sign here)
f/rl1 D,,io,,-,lf'rr5 /2 £o
(print namefotle) 7
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group 8
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
City Attorney Approved Version 6/12/18
7
Oct. 8, 2019 Item #1 Page 25 of 50
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attacl1ed, ancl not the trut11fulness, accuracy, or validity of that document.
State of CaliforniiJ }
County of _s~~~t,:> __ ~:0~'~£'..~c:c-~o ______ _
On Oc..t-2, 20,~
Date
before me, :=t"Pe,1.0 '\JEtJ£<::, ~ ">
Here Insert Name and Title of the Officer
personally appeared ______ 6_0._E:'_<c:--___ O_,._,,~~0=,e..~i ________________ _
Name(s) of Signer(s)
who proved to me on the biJsis of satisfactory evidence to be the person(:,{whose namerzl"@are subscribed
to the within instrument and acknowledged to me that@she/they execu'ted the same il~/her/their
authorized capacity(~ and that by~er/their signature(s~ the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
Notary Public -California
~ i -r,; San Diego County ~
z · ,. Commission# 2160283 =: t ~•:o•~'·" .Mz soTrz· zxeir:sJ~ :J,}~2~
Place Notary Seal anci/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Sign~ ;;i::L/ -
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ~:('O\(.n,t--::Ji;,...-(.J,q.yz.n•~ W~E'O £.,.~o,f., c.~l-b"'
Document Date: ______________________ Number of Pages: ____ _
Signer(s) Other Than Named Above: --------------·-----------
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
□ Corporate Officer -Title(s): _______ _ □ Corporate Officer -Title(s): _______ _
□ Partne1· -□ Limited □ General □ Partner --□ Limited o General
□ Individual □ Attorney in Fact □ Individual □ Attorney in Fact
□ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator
□ Other □ Other
Signer is Representing: _________ _ Signer is Representing: _________ _
2017 NationiJI Notary Associc1tion
Ml304-09 (09/17)
Oct. 8, 2019 Item #1 Page 26 of 50
Exhibit "A"
Scope of Work
Ward's Weed Eradication Services
ACS Habitat Management, Inc.
PSA20-895ENV
Anticipated Start Date: November 1, 2019
Anticipated End Date: October 31, 2024 (drought conditions may necessitate postponement of
treatment to the following year or two).
Treatment Area: Initial treatment will be focused north of Poinsettia Lane in the Bressi Ranch
Preserve and Spectrum Preserve areas, which totals approximately 144 acres (see attached map,
Exhibit "C"). Note that this may include large areas of heavy shrub cover that has not been invaded
by Ward's weed or is not accessible to field crews; therefore, actual acreage treated will depend
on site conditions to be determined. Subsequent re-treatments may be conducted within the
highest priority area across the entire invaded are, which spans approximately 200 acres. The
current mapped infestation area is between El Camino Real and the eastern border of the city,
and between Palomar Airport Road and Alga Road. The City of Carlsbad's [city] prioritization of
treatment areas will be conducted in coordination with the Carlsbad Ward's Weed Eradication
Team (city, County Department of Agriculture, Weights and Measures [AWM], the Nature
Collective, and Center for Natural Lands Management [CNLM]). ACS Habitat Management (ACS)
will provide services under this Agreement pursuant to the city's direction.
Cost: The city will be charged by crew day on a time and materials basis, not to exceed $200,000
per the original term of the Agreement. One crew daily rate would be approximately $4,895, which
includes equipment/vehicle(s) driver/supervisor, four technicians, and sufficient amount of
herbicide for the daily planned treatment area (see Rate Sheet, see Exhibit "B''). It is estimated
that each ACS crew could cover an average of approximately 2.2 acres per day. Actual costs and
number of acres treated per day may vary depending on site conditions and number of crew, type
of equipment, and amount of herbicide needed for a given day. ACS will provide one to three
crews per day.
Description of Activities
A. Within one week from issuance of the Notice to Proceed, ACS will meet with city staff and
the Carlsbad Ward's Weed Eradication Team to discuss current conditions and develop a
coordinated plan to treat the Ward's weed in Carlsbad during the upcoming growing
season. Thereafter, ACS will communicate at least weekly with the city to discuss current
site conditions, potential issues and constraints, and the treatment plan (schedule,
location, priorities, etc.) for the upcoming week. ACS will perform daily Ward's weed
treatment until the initial treatment area (Bressi Ranch and Spectrum Preserves north of
Poinsettia Lane) has been completely treated, unless otherwise directed by the city.
Weekly communication will continue throughout the growing season or until the funds in
the contract have been spent. If there are any remaining funds at the end of the first year,
ACS will follow the same meeting/communication schedule discussed above during the
second and third year.
B. To expedite treatment of the extensive Ward's weed area, ACS crews may work more
than 8 hours/day, and/or on weekends or holidays.
C. The current treatment protocol consists of treating infested areas with Gallery™, a pre-
emergent that has been used in native habitat landscapes for Ward's weed control with
good success. Follow up treatment in areas that were missed by the initial treatment effort
may be necessary. One crew would generally consist of a crew truck (with trailer for
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Oct. 8, 2019 Item #1 Page 27 of 50
PSA20-895ENV
tractor), a tractor with a power sprayer and/or a boom and operator, a water truck and
driver/supervisor, four technicians, and sufficient amount of Gallery TM for the daily planned
treatment area. However, the actual number of technicians and equipment may vary
depending on site conditions. All herbicide and necessary equipment will be provided by
ACS.
D. ACS will perform the Ward's weed treatment activities on private property, subject to right
of entry permits between the city and landowner, which will be obtained by the city. ACS
will adhere to all provisions contained within the right of entry permits.
E. ACS will follow all necessary best management practices related to health and safety, and
stormwater protection during all pesticide application activities pursuant to the following
State of California licenses or certificates held by ACS: Pest Control Advisor, Qualified
Applicator License, and Qualified Applicator Certificate.
F. Ward's weed eradication will be implemented using an adaptive management strategy
upon direction from the city and in coordination with the Ward's Weed Eradication Team;
therefore, prioritization of treatment areas, herbicide use, and schedule may be subject to
change based on best available knowledge, weather, and site conditions.
G. With every invoice submitted, ACS will include a summary of activities performed,
including labor hours/labor rate, areas treated (shown on a map), amount of herbicide
used, and issues encountered. Invoices will be submitted monthly or as directed by the
city.
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Oct. 8, 2019 Item #1 Page 28 of 50
PSA20-895ENV
Exhibit "B"
Invasive species control activities to eradicate Ward's weed in Carlsbad will be charged by crew
day. Rates for a standard crew day, including labor, materials and equipment are included in the
table below. Note that actual costs may vary depending on site conditions on any given day (i.e.,
the number of crew members, type of equipment, and amount of herbicide) and additional crews
may be mobilized as needed and in coordination with the city.
Rate $80.00 $50.00 $75.00 $300.00 $500.00 $600.00
Item Tractor Tech Water Crew Water Tractor Herbicide
Operator/ Truck Truck Truck
Supervisor Operator
Quantity 1 4 1 1 1 1
Hours/Day 9 36 9 n/a n/a n/a n/a
AmounUDay $720.00 $1,800.00 $675.00 $300.00 $500.00 $600.00 $300.00
Total: $4,895.00
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Oct. 8, 2019 Item #1 Page 29 of 50
1 Al po I Rd P-'~ '1' ~ ~ ;. u :5 --~~.1:S.11:<-:: < r.:_ 0 u ,.ton W::,,y ::; C Garden It, c,,.,. i .. ~ ~-100,.~.,, •-.,~ fl ..,,pt'\-'lr Av,, .. HMP Preserve (2223 Ward's Weed Infestation Ward's Weed Infestation and Treatment Areas ,. IQ,. c? ~11,, C .,. Center for Nalural Lands Management (CNLM) Nature Collective and City of Carlsbad County Dept of Agricullure, Weighls and Measures PSA20-895ENV - Exhibit "C" .. ::,, 0 E-----3 E-----3 2.000 lFeet "0 .,,. ~ "' t, :SI~ ~ ~'o ~"""dPI _, "' " 1/J j I!, Cl S' Oct. 8, 2019Item #1 Page 30 of 50
Attachment C
Right of Entry Permits
Oct. 8, 2019 Item #1 Page 31 of 50
( City of
Carlsbad
RIGHT OF ENTRY AUTHORIZATION
Property Owner/Agent Bressi Gardenlane LLC
2 13122 15,21312104,2
APN 1312105,21303018, 2013 120090
Property Location/Address ___________ _
Mailing Address 15131 Alton Parkway, Suite 365
Andrew Han-LENNAR
Contact Information 949-349-8234
andrew.han@lennar.com
City, Zip Code Carlsbad, CA 92009
City, Zip Code Irvine, CA 92618
The above-listed Property Owner, Authorized Representative Agent or Operator of Property ("Owner")
hereby permits the City of Carlsbad, its officers, employees, and agents ("City"), to enter upon Owner's
property ("Premises") located as listed above, subject to all licenses, easements, encumbrances, and
claims of title affecting the Premises and upon the following terms and conditions:
1. Grant of Right-of-Entry. Owner hereby grants City a right-of-entry ("Permit") over the Premises to
ingress to and egress from the Premises to conduct land management activities that fulfill the overall
purpose of the City's Habitat Management Plan, which may include but are not limited to biological
surveys, vegetation mapping, trash removal, habitat enhancement or restoration, and invasive
species control. Invasive species control methods will include the least toxic methods that are
effective in treating the target species, and may include hand pulling, weed whipping, digging, or use
of organic or non-organic herbicides. City will use and apply herbicides in accordance with the
instructions on the herbicide label and _in accordance with all applicable state and county laws and
regulations. Herbicides will only be applied by applicators licensed by the State of California. All
activities are subject to the terms and conditions set forth in this Permit and shall be performed in
the City's sole discretion. Entry to the Premises will be by means of existing roads and driveways,
where available, and by other means mutually agreed to by both parties when roads and driveways
are not available.
2. No Implied Easement. Nothing in this Permit shall be construed to grant City an easement by
implication, prescription, or any other operation of law.
3. Term. This Permit shall become effective upon execution hereof by both parties and shall terminate
only upon written agreement of the parties.
4. Compliance with Laws. In conducting its operations on the Premises, City shall comply, at City's
expense, with all applicable laws, regulations, rules, and orders, regardless of when they become or
became effective, including, without limitation, those relating to health, safety, noise, environmental
protection, waste disposal, and water and air quality, and shall furnish satisfactory evidence of such
compliance upon request of Owner:
5. Waiver of Liability. In consideration of the City's land management activities on the Premises at no
cost to Owner, Owner hereby waives, releases and forever discharges any and all rights and claims
for damages, injuries, expenses or costs of any kind which Owner has now or may acquire in the
future that are directly or indirectly related to the work described above, against the City and its
agents, officials, employees, volunteers and contractors.
Oct. 8, 2019 Item #1 Page 32 of 50
~ityof
Carlsbad
6. Costs. The work described above shall be done at the City's sole expense.
Page2 o/2
7. Authority. Owner represents and warrants that it has full power and authority to execute and fully
perform its obligations under this Permit pursuant to its governing instruments, without the need for
any further action, and that the person(s) executing this Permit on behalf of Owner are the duly
designated agents of Owner and are authorized to do so, and that fee title to the Premises vests
solely in Owner.
9. Entire Agreement. This Permit, together with any addenda, exhibits and riders attached hereto,
constitutes the entire agreement between the parties with respect to the subject matter hereof, and
all prior or contemporaneous agreements, understandings and representations, oral or written, are
superseded.
10. Modification. The provisions of this Permit may not be modified, except by a written instrument
signed by both parties.
11. Partial Invalidity. If any provision of this Permit is determined by a court of competent jurisdiction to
be invalid or unenforceable, the remainder of this Permit shall not be affected thereby. Each
provision shall be valid and enforceable to the fullest extent permitted by law.
l' J. '" "} ,-, , I' IN WITNESS WHEREOF, both parties have executed this Permit effective as of , :t~ L, 1
-/ ':.2:u I f.
\ i
CITY:
Scott Chadwick
City Manager
OWNER/AGENT(S):
\}.__----. v=----.
Owner/agent signature
Owner/agent printed name
Oct. 8, 2019 Item #1 Page 33 of 50
{city of
Carlsbad
RIGHT OF ENTRY AUTHORIZATION
Property Owner/Agent MarWest Commercial Real Estate/
Bressi Spectrum Owner's Association
APN 2218130100
Property Location/Address Melrose Dr and Poinsettia Lane
Carlsbad,CA92009
Contact Paul Danninger
Information Association Manager, MarWest
1049 Camino Del Mar Suite 12 .
Del Mar, CA 92014
pdanninger@MarWestCommercial.com
{858) 775-4917
The above-listed Property Owner, Authorized Representative Agent or Operator of Property ("Owner")
hereby permits the City of Carlsbad, its officers, employees, and agents ("City"), to enter upon Owner's
property ("Premises") located as listed above, subject to all licenses, easements, encumbrances, and
claims of title affecting the Premises and upon the following terms and conditions:
1. Grant of Right-of-Entry. Owner hereby grants City a right-of-entry ("Permit") over the Premises to
ingress to and egress from the Premises to conduct land management activities that fulfill the overall
purpose of the City's Habitat Management Plan, which may include but are not limited to biological
surveys, vegetat ion mapping, trash removal, habitat enhancement or restoration, and invasive
species control. Invasive species control methods will include the least toxic methods that are
effective in treating the target species, and may include hand pulling, weed whipping, digging, or use
of organic or non-organic herbicides. City will use and apply herbicides in accordance with the
instructions on the herbicide label and in accordance with all applicable state and county laws and
regulations. Herbicides will only be applied by applicators licensed by the State of California. All
activities are subject to the terms and conditions set forth in this Permit and shall be performed in
the City's sole discretion. Entry to the Premises will be by means of existing roads and driveways,
where available, and by other means mutually agreed to by both parties when roads and driveways
are not available.
2. No Implied Easement. Nothing in this Permit shall be construed to grant City an easement by
implication, prescription, or any other operation of law.
3. Term. This Permit shall become effective upon execution hereof by both parties and shall terminate
only upon written agreement of the parties.
4. Compliance with Laws. In conducting its operations on the Premises, City shall comply, at City's
expense, with all applicable laws, regulations, rules, and orders, regardless of when they become or
became effective, including, without limitation, those relating to health, safety, noise, environmental
protection, waste disposal, and water and air quality, and shall furnish satisfactory evidence of such
compliance upon request of Owner.
5. Waiver of Liability. In consideration of the City's land management activities on the Premises at no
cost to Owner, Owner hereby waives, releases and forever discharges any and all rights and claims
for damages, injuries, expenses or costs of any kind which Owner has now or may acquire in the
future that are directly or indirectly related to the work described above, against the City and its
agents, officials, employees, volunteers and contractors.
Oct. 8, 2019 Item #1 Page 34 of 50
{city of
Carlsbad Page 2 of 2
6. Costs. The work described above shall be done at the City's sole expense.
7. Authority. Owner represents and warrants that it has full power and authority to execute and fully
perform its obligations under this Permit pursuant to its governing instruments, without the need for
any further action, and that the person(s) executing this Permit on behalf of Owner are the duly
designated agents of Owner and are authorized to do so, and that fee title to the Premises vests
solely in Owner.
9. Entire Agreement. This Permit, together with any addenda, exhibits and riders attached hereto,
constitutes the entire agreement between the parties with respect to the subject matter hereof, and
all prior or contemporaneous agreements, understandings and representations, oral or written, are
superseded.
10. Modification. The provisions of this Permit may not be modified, except by a written instrument
signed by both parties.
11. Partial Invalidity. If any provision of this Permit is determined by a court of competent jurisdiction to
be invalid or unenforceable, the remainder of this Permit shall not be affected thereby. Each
provision shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, both parties have executed this Permit effective as of {zJ . 9 , ,j-[,) J 1 .
CITY: OWNER/ AGENT(S):
ARLSBAD, a municipal
n in the County of San Diego,
By:
_Cole
Buchner ____________ _
Owner/agent printed name
Oct. 8, 2019 Item #1 Page 35 of 50
{city of
Carlsbad
RIGHT OF ENTRY AUTHORIZATION
Property Owner/Agent Rancho Carrillo Master Association
22261022,22261226,22260014,
22182346,22260005,22260003,
APN 22266226, 22266029, 22265022,
22266119,22262131,22267308,
22267118,22268202,22267002,
22185132,22185140,22186301,
Property Location/Address Near Poinsettia Lane & Melrose Dr.
Mailing Address 6250 Flying L. C. lane
Jackie Jimenez
Property Manager
Contact Information jiimenez@waltersmanagement.com
760-804-5969
City, Zip Code Carlsbad, CA 92009
City, Zip Code Carlsbad, CA 92009
The above-listed Property Owner, Authorized Representative Agent or Operator of Property ("Owner")
hereby permits the City of Carlsbad, its officers, employees, and agents ("City"), to enter upon Owner's
property ("Premises") located as listed above, subject to all licenses, easements, encumbrances, and
claims of title affecting the Premises and upon the following terms and conditions:
1. Grant of Right-of-Entry. Owner hereby grants City a right-of-entry ("Permit") over the Premises to
ingress to and egress from the Premises to conduct land management activities that fulfill the overall
purpose of the City's Habitat Management Plan, which may include but are not limited to biological
surveys, vegetation mapping, trash removal, habitat enhancement or restoration, and invasive
species control. Invasive species control methods will include the least toxic methods that are
effective in treating the target species, and may include hand pulling, weed whipping, digging, or use
of organic or non-organic herbicides. City will use and apply herbicides in accordance with the
instructions on the herbicide label and in accordance with all applicable state and county laws and
regulations. Herbicides will only be applied by applicators licensed by the State of California. All
activities are subject to the terms and conditions set forth in this Permit and shall be performed in
the City's sole discretion. Entry to the Premises will be by means of existing roads and driveways,
where available, and by other means mutually agreed to by both parties when roads and driveways
are not available.
2. No Implied Easement. Nothing in this Permit shall be construed to grant City an easement by
implication, prescription, or any other operation of law.
3. Term. This Permit shall become effective upon execution hereof by both parties and shall terminate
only upon written agreement of the parties.
4. Compliance with Laws. In conducting its operations on the Premises, City shall comply, at City's
expense, with all applicable laws, regulations, rules, and orders, regardless of when they become or
became effective, including, without limitation, those relating to health, safety, noise, environmental
protection, waste disposal, and water and air quality, and shall furnish satisfactory evidence of such
compliance upon request of Owner.
5. Waiver of Liability. In consideration of the City's land management activities on the Premises at no
cost to Owner, Owner hereby waives, releases and forever discharges any and all rights and claims
Oct. 8, 2019 Item #1 Page 36 of 50
{city of
Carlsbad Pagel of 2
for damages, injuries, expenses or costs of any kind which Owner has now or may acquire in the
future that are directly or indirectly related to the work described above, against the City and its
agents, officials, employees, volunteers and contractors.
6. Costs. The work described above shall be done at the City's sole expense.
7. Authority. Owner represents and warrants that it has full power and authority to execute and fully
perform its obligations under this Permit pursuant to its governing instruments, without the need for
any further action, and that the person(s) executing this Permit on behalf of Owner are the duly
designated agents of Owner and are authorized to do so, and that fee title to the Premises vests
solely in Owner.
9. Entire Agreement. This Permit, together with any addenda, exhibits and riders attached hereto,
constitutes the entire agreement between the parties with respect to the subject matter hereof, and
all prior or contemporaneous agreements, understandings and representations, oral or written, are
superseded.
10. Modification. The provisions of this Permit may not be modified, except by a written instrument
signed by both parties.
11. Partial Invalidity. If any provision of this Permit is determined by a court of competent jurisdiction to
be invalid or unenforceable, the remainder of this Permit shall not be affected thereby. Each
provision shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, both parties have executed this Permit effective as of r.J(' .1\ Cj _ ~)()/ ,:}
)
CITY:
RLSBAD, a municipal
n in the County of San Diego,
By:
City Manager
Owner
OWNER/AGENT(S):
Oct. 8, 2019 Item #1 Page 37 of 50