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HomeMy WebLinkAboutCenter for Natural Lands Management; 2012-05-17;AMENDMENT NO. 5 TO EXTEND AND FUND THE AGREEMENT FOR CONSULTING SERVICES OF CITY-OWNED HABITAT MANAGEMENT PLAN PRESERVE LANDS CENTER FOR NATURAL LANDS MANAGEMENT This Amendment No. 5 is entered into and effective as of the (;-fA day of NoV~\he::;y-, 2015, extending and funding the agreement dated May 17, 2012 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and the Center for Natural Lands Management, ("Contractor") (collectively, the "Parties") for maintenance, management and monitoring of city-owned habitat management plan preserve lands to fulfill the goals of the 2012-2016 Preserve Management Plan. RECITALS A. On December 10, 2012, the Parties executed Amendment No. 1 to extend the Agreement for a period of one (1) year ending on December 16, 2013; and B. On February 26, 2013, the Parties executed Amendment No. 2 to fund the Agreement for the first extension period ending on December 16, 2013; and C. On November 14, 2013, the Parties executed Amendment No. 3 to extend and fund the agreement for the second extension period ending on December 16, 2014; and D. On October 8, 2014, the Parties executed Amendment No.4 to extend and fund the agreement for the third extension period ending on December 16, 2015; and E. The Parties desire to extend and fund the Agreement for a period of one ( 1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on December 16, 2016 on a time and materials basis not-to-exceed one hundred fifty-two thousand two hundred four dollars ($152,204). Contractor will provide city, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by city. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 1 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR-CENTER FOR NATURAL LANDS MANAGEMENT (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By~ Cla~r or Ma~fW or Director Kathryn B. Dodson Interim City Manager ATTEST: City Clerk 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 B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation !D.!!!!; 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 BY: --.~-><k...:::.....=.::~::::...···~::;:...::~~:::...:.·..::....://(:.._/.:_2 lo.....i---- .Assistant City Attorney Ptruvt:J City Attorney Approved Version 1/30/13 2 AGREEMENT FOR CONSULTING SERVICES TO PERFORM MAINTENANCE, MANAGEMENT AND MONITORING OF CITY-OWNED HABITAT MANAGEMENT PLAN PRESERVE LANDS (CENTER FOR NATURAL LANDS MANAGEMENT) THIS AGREEMENT is made and entered into as of the 1'^^^ day of fAacj , 2012, by and between the CITY OF CARLSBAD, a municipal corporation, ("dty"), and the CENTER FOR NATURAL LANDS MANAGEMENT, a 501(c)(3) nonprofit corporation ("Contractor"), for maintenance, management and monitoring of City- owned habitat management plan presen/e lands. RECITALS A. City requires the professional services of a consultant that is experienced in maintenance, management, and monitoring of Habitat Management Pian preserve lands. B. Contractor has the necessary experience in providing professional services and advice related to these professional sen/ices. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and abiiity 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 the 2012-2016 Preserve Management Pian (on fiie with the City Clerk) which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE Whiie performing the Services, Contractor wili exercise the reasonable professionai care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and wiii use reasonable diligence and best judgment while exercising its professionai skill and expertise. 3. TERM The term of this Agreement wili be effective for a period of seven months from the date first above written and shaii not exceed the amount of fifty-four thousand, five hundred forty-five doiiars ($54,545). The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed one hundred fifty two thousand, two hundred four doiiars ($152,204) per Agreement year. Extensions wiil be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Councii. The parties wiii prepare a written amendment indicating the effective date and length of the extended Agreement. Either the City of the Contractor may decline the renewal of the contract for any reason whatsoever, which shail render the renewal option null and void. If all the extensions to the initiai term are utiiized, the total compensation that would be paid under this agreement shail not exceed six hundred fifteen thousand, five hundred forty- eight dollars ($615,548). City Attorney Approved Version 5/12/11 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 seven month term of the original agreement shall not exceed fifty- four thousand, five hundred forty-five doiiars ($54,545). No other compensation for the Sen/ices wili be allowed except for items covered by subsequent amendments to this Agreement. The City resen/es the right to withhold a ten percent (10%) retention until City has accepted the work and/or sen/ices specified in City of Carisbad 2012-2016 Presen/e Management Plan. incremental payments wiil be made on a monthly basis for the tasks outiined in the 2012-2016 Presen/e Management Pian, and categorized in Exhibit A - Contractor's Proposed Cost of Sen/ice. The Contractor shall submit invoices to the Parks Superintendent, or his/her designee by the Sth day of the month for tasks performed in the previous month. Actual payments made by the City to the Contractor shaii be based on the Contractor's actual monthly tasks performed. The Contractor shail provide detailed records of ail monthly tasks performed and include all required reports of preserve management sen/ices. Failure to provide the required documents, invoices, and reports wili result in the City of Carisbad withholding payments to the Contractor until ali required documentation is provided to the city. With the required documentation, the City shall make a payment of the invoice within 30 days of receipt. The Contractor wiil perform work in accordance with ali applicable laws, including without limitation the Carisbad Municipal Code, Occupational Safety and Health Standards (OSHA) and Cal-OSHA standards. 6. STATUS OF CONTRACTOR Contractor wiii 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 wiil be under control of City oniy as to the result to be accomplished, but wili consult with City as necessary. The persons used by Contractor to provide services under this Agreement wiii not be considered empioyees of City for any purposes. The payment made to Contractor pursuant to the Agreement wiii be the full and complete compensation to which Contractor is entitled. City wiii not make any federal or state tax withholdings on behalf of Contractor or its agents, empioyees or subcontractors. City wiii not be required to pay any workers' compensation insurance or unemployment contributions on behaif of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, sociai security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behaif 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 wili not subcontract any portion of the Sen/ices without prior written approvai of City, if Contractor subcontracts any of the Sen/ices, Contractor wili be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectiy employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement wiil create any contractual relationship between any subcontractor of Contractor and City. Contractor wiil be responsible for payment of subcontractors. Contractor wiil bind every subcontractor and every subcontractor of City Attorney Approved Version 5/12/11 a subcontractor by the temns of this Agreement applicabie to Contractor's work uniess specificaliy 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 aii claims, damages, losses and expenses inciuding attorney's fees arising out of the performance of the woric 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 induded as a loss, expense or cost for the purposes of this section, and that this section wili sun/ive the expiration or eariy temnination ofthis 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-:Vir'. OR with a surplus line insurer on the State of California's List of Eligibie Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, uniess City Attorney 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 empioyees 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 wiil obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily Injury, personal injury and property damage. If the submitted policies contain aggregate limits, generai aggregate limits wili apply separately to the work under this Agreement or the general aggregate wiii be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is Involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Woricers' Compensation wili not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version 5/12/11 w 10.1.4 Professional Liabilitv. En-ors 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 foliowing the date of compietion of the work. ^^^^i^T^ I I If box is checked, Professional Liability City's Initials Contracior's Initials Insurance requirement is waived. 10.2. Additionai 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 wiil be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance wiii 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 wili furnish certificates of insurance and endorsements to City. 10.4 Faiiure 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. 10.5 Submission of Insurance Policies. Citv resen/es the right to require, at any time, compiete and certified copies of any or all required insurance policies and endorsements. 11- BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain compiete and accurate records with respect to costs incurred under this Agreement. Ali records wili be cleariy 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 wiil allow inspection of ali 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 woric product for Contractor's records. City Attomey Approved Version 5/12/11 14. COPYRIGHTS Contractor agrees tbat atl copyrights that arise from the sen/ices will be vested in City and Contractor relinquishes ail claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement: For Citv Name Title Kyle Lancaster For Contractor Name David Brunner Parks Superintendent Titie President and Executive Director Department Parks and Recreation City of Carisbad Address 799 Pine Ave, Suite 200 Carisbad CA 92008 PhoneNo. (760) 434-2941 Center For Natural Lands Management Address 27258 Via Industria, Suite B Temecula, CA 92590 PhoneNo. (760) 731-7790 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. 16. CONFUCT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code, The Contractor shall report investments or interests in ail four categories. 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 sen/ices with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Refonn and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of ali 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 ttie performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not othenwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their City Attorney Approved Version 5/12/1 •i3 respective views, to writing. A copy of such documented dispute will be fonA/arded 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 wittn 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 fonfl/arded 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 woric or services contemplated by this Agreement, City may temninate this Agreement upon written notice to Contractor. Upon notification of temnination. 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 woric 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 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 wiil have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othen^/ise 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 etseq.. 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 City Attorney Approved Version 5/12/11 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 debamnent by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS 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. {Remainder of Page Intentionally Left Blank) City Attorney Approved Version 5/12/11 26. AUTHORITY The individuals execufing 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 condifions of this Agreement. CONTRACTOR - CENTER FOR NATURAL LANDS MANAGEMENT CITY OF CARLSBAD, a municipal corporation of the State of California By: Mayor Pro Tem DAVID R. BRUNNER, President (print name/title) ATTEST: By: (sign here) LORRAINE M. WOOD City Clerk (print name/title) 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 B 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: RONALD R. BALL, City Attorney Assistant City Attornij^ City Attorney Approved Version 5/12/11 EXHIBIT A Contractor's Proposed Cost of Service The undersigned declares he/she has carefully examined the 2012-2016 Carlsbad Preserve Management Plan, read the Request for Proposal, examined all relative documents, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in the RFB No. 12- 09-Management, Maintenance and Monitoring ofthe City ofCarlsbad Open Space Preserves Agreement in accordance with the specifications ofthe City ofCarlsbad and that he/she will take full payment therefore the following unit prices for each item complete, to wit: Item No. Description Unit Price 2012 2013 2014 2015 2016 1 Biological Surveys Lump Sum/Year $2,830 $23,184 $17,924 $15,488 $27,651 2 Habitat Maintenance Lump Sum/Year $4,692 $28,156 $21,131 $27,149 $16,161 3 Water Management Lump Sum/Year $0 $0 $0 $0 $0 4 Site Maintenance Lump Sum/Year $1,702 $4,258 $4,351 $4,447 $4,544 5 Reporting Lump SumAear $7,100 $12,243 $12,488 $12,738 $24,095 6 Operations Lump Sum/Year $6,705 $17,013 $15,683 $16,047 $18,263 7 General Maintenance Lump Sum/Year $169 $291 $300 $309 $318 8 Patrol/Enforcement 800 hours/Year $31,342 $57,243 $58,523 $59,833 $61,172 Bid Total $54,540 $142,389 $130,400 1 $136,010 $152,204 made to the contractor will be based on contractor's actual work performed for the City consistent with the terms and conditions ofthe contract documents, and may be different from the prices estimated above. Center for Natural Lands Management Cost Proposal City ofCarisbad RFB # 12-09 n Contractor's Proposed Cost of Service* Total amount of Contractor's proposal per agreement year in words (Items 1-8): 2012 - Fifty-Four Thousand Five Hundred Forty-Five Dollars 2013 - One Hundred Forty-Two Thousand Three Hundred Eighty-Nine Dollars 2014 - One Hundred Thirty Thousand Four Hundred Dollars 2015 - One Hundred Thirty- Six Thousand Ten Dollars 2016 - One Hundred Fifty-Two Thousand Two Hundred Three Doiiars. Total amount of Vendor's proposal per agreement year in numbers (Items 1-8) 2012 - $ 54,540 2013 - $142,389 2014 - $130,400 2015 - $136,010 2016-$152,203 In the event of a discrepancy between the total amount of Vendor's proposal written in words or numbers, the amount written in words shall govern. Price(s) given above are firm for 90 days after date of proposal opening. Addendum No(s). 1 has/have been received and is/are included In this proposal. The Undersigned has checked carefully atl ofthe above figures and understands that the City will not be responsible for any error or omission on the part ofthe Undersigned in preparing this proposal. The Undersigned agrees that in case of default in executing the required City Contract with the necessary insurance policies within twenty (20) calendar days from the date of award of agreement by the City, the City may at Its option and without providing further notice to the apparent best value Vendor administratively authorize the award of the contract to the Best Value Vendors in descending rank. Center for Natural Lands Management Isabella Gelmi, Director of Administration Center for Natural Lands Management 2 City of Carlsbad RFB # 12-09 Cost Proposal RMdutton 1474M BOARD OF DIRECTORS CENTER FOR NATURAL LANDS MANAGEMENT Boanl of DIractort' Matting of D»c«nlMr4» 2008 Appointing Naw Exacuttva DIractofffPraaidant of tha Cantor for Natural Landa Managamant WHEREAS, thia authorizea David R. Brunnar to serve as the Exacutlva Director and Praaidant of the Center fbr Natural Lands Managenient. This authorizes him to do or cause to tie done all acts necessary to conduct said position. nmimz Decmbar 4.2008 DavMNUvaator, Chainnan Votes: Aves 7 Navs - Abstain Aiasent_^ Acceptance of Dealgnadon: Dato: Py?afnbf4.2pp8 ' JN. David R.Bnihnar COPY CAUFORMIA ALL-PURPOSE ACKNOWLEDGMENT State of Californ» County of ])cgyO On } before me, personally appeared 2^>f |/^ d t/rA ^ nara inaan fMnia ano i np Of Via uraoar MnUL-RMEL Commission # 1640272 ^ Notofy Public - California | Son Diego County MyComm. Expires Jan 22.201 \ k who proved to me on the basis of satisfactory evidence to be the person^) whose name^ is/are sut)scribed to the within instrument and adcnowledged to me that he/ahe^ey executed the same In his/hefilMr authorized capacity(iQs)^, and that by his/hor/their signature's) on the instrument the persor\(«), or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and con'ect. WiTNESS my hand and official seal. Place Notary SMI Above Signature. OPTIONAL Slgnakm of Notary Public Though the Information below Is not required ty law, it may prove valuatile to persons relying on tfie documertt arxi could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date: 1 uocumeni Number of Pages: Signer(s) Other TTian Named Above: Capaclty(les) Claimed by Signers) Signer's Namer/X U i ci l^r.ytN Y>JW ''J^ Individual • Corporate Officer—Titlo(s): • F»artner — • Umited • General • Attomey in Fact • Trustee • Guardian or Conservator • Other: 02007 Nattonal ltolaryA880cMion .9350 08 Solo Awa. P.O.BCK 2402.^^ ttam«S907 Reorder Cal lol-Frw 1-800.878.6827