Loading...
HomeMy WebLinkAbout2006-08-15; City Council; 18702; AGREEMENT APPROVAL: TECHNOLOGY ASSOC. INT'L CORP.CITY OF CARLSBAD - AGENDA BILL AB# 18,702 MTG. 08/15/2006 DEPT. PLN ' APPROVAL OF AGREEMENT FOR BIOLOGICAL CONSULTING SERVICES Tftohnfklofiv AQQAPifitPQ International C^tifn (TAIC) DEPT. HEAD W/> CITY ATTY. ($y CITY MGR. Vx^_ RECOMMENDED ACTION: That the City Council ADOPT Resolution No.2006-248 APPROVING an agreement with TAIC (Technology Associates International Corporation), to serve as the Preserve Steward for the City of Carlsbad's Habitat Management Plan (HMP) and to provide other related biological consulting services. ITEM EXPLANATION: In December of 2005, the City accepted the Open Space Management Plan (OSMP). The acceptance of the OSMP satisfied one of the requirements of the State and Federal Wildlife Agencies and the California Coastal Commission as part of the approval of the HMP and Implementing Agreement. The OSMP set forth the concept and responsibilities of the Preserve Steward to coordinate, conduct, and oversee the various components of open space management, monitoring, and reporting through the year. Request for Statement of Qualifications & Proposals were sent to 25 biological consulting firms. Six (6) firms submitted Statement of Qualifications & Proposals to the Planning Department for consideration. The Planning Department conducted a thorough review of each proposal, approach to the project, the experience of the individuals involved and the firm itself, performance and product delivery schedules, and costs submitted. After reviewing all of the proposals, staff recommends that TAIC be hired to carry out the role of the Preserve Steward for the City of Carlsbad's HMP. The TAIC proposal was well prepared, exhibited a thorough understanding of the scope of work, and included a schedule and cost proposal that was acceptable to staff. The firm and the individuals who will carry out the role of the Preserve Steward are experienced with this type of work. Staff is recommending that the City approve the agreement for a one-year period. The City Manager may extend the agreement for three consecutive one-year periods based on the City's need, satisfactory performance by the consultant, and appropriation of funds by the City Council. DEPARTMENT CONTACT: Marcela Escobar-Eck (760) 602-4601, mesco@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED */nnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D Dn Page 2 of AB "APPROVAL OF AGREEMENT FOR BIOLOGICAL CONSULTING SERVICES" FISCAL IMPACT: The cost for the Preserve Steward is $125,476 for the current fiscal year. Staff is recommending the cost for the Preserve Steward be funded through the Council Contingency. A portion of the cost will be reimbursed by benefiting Enterprise Funds once those benefits are calculated. For the following fiscal year (FY 2007-2008) the funding for the Preserve Steward will be requested during the budget process. ENVIRONMENTAL IMPACT: None. EXHIBITS: 1. City Council Resolution No. 2006-248 2. Consultant Agreement with TAIC 1 RESOLUTION NO. 2006-248 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT 3 FOR BIOLOGICAL CONSULTING SERVICES 4 5 WHEREAS, the City Council has determined that it is desirable and necessary to 6 retain a biological consultant to serve as the Preserve Steward for the City of Carlsbad's 7 Habitat Management Plan. 8 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 9 Carlsbad, California, as follows: 10 1. That the above recitations are true and correct. 11 2. That the City Council hereby authorizes the Mayor to execute an 13 agreement with Technology Associates International Corporation (TAIC) for biological 14 services, for a one-year period, which may be extended by the City Manager for three 15 additional one-year periods. 16 3. That the funds are available in the General Fund. 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of August, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: -, WOOD, City Clerk AGREEMENT FOR BIOLOGICAL CONSULTING SERVICES Technology Associates International Corporation (TAIC) THIS AGREEMENT is made and entered into as of the * day of b&J- 2Q0(*. by and between the CITY OF CARLSBAD, a municipal corporaton, ("City"), and TAIC, a Washington Corporation ("Contractor"). RECITALS A. City requires the professional services of a biological consultant experienced in habitat conservation biology to serve as the Preserve Steward for the City of Carlsbad Habitat Management Plan. B. Contractor has the necessary experience in providing professional services and advice related to these professional services. 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 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 one year from the date first above written. The City Manager may amend the Agreement to extend it for three additional one year periods or parts thereof in an amount not to exceed One Hundred Twenty-five thousand Four Hundred Seventy-six dollars ($125,476.00) per Agreement year. 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. City Attorney Approved Version #04.01.02 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be One Hundred Twenty-five thousand Four Hundred Seventy-six dollars ($125,476.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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. City Attorney Approved Version #04.01.02 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 in whole or in part by any willful misconduct or negligent act or omission 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-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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 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. 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, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (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 Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability City Attorney Approved Version #04.01.02 limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance 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 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 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, 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 City Attorney Approved Version #04.01.02 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Michele Masterson For Contractor: Name_Patrick Atchison Title Management Analyst Department Planning Department City of Carlsbad Address 1635 Faraday Avenue Carlsbad CA 92008 TAIC Title Business Area Manager Address 5962 La Place Court. Ste. 225 Carlsbad. CA 92008 Phone No. (760)602-4615 Phone No. (760)603-1195 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. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04.01.02 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 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 that the services 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. City Attorney Approved Version #04.01.02 /o 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 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 1 2650 et sea., 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 City Attorney Approved Version #04.01 .02 acknowledges debarment 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 or 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. 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/1 TAIOR/17 (sign here) unicipal California (print name/titlel *0 >ATTEST: (e-mail address) **By: (sign here)^5?7? _ORRAWE M. WOOD City (print name/title) (e-mail address) 8 City Attorney Approved Version #04.01.02 ACKNOWLEDGMENT State of California County of 7 ^0(0 before me./£W>^y/g: A- (here insert name'and title of tfie officer) personally appeared L^>t / pgroonally knowojp_nifi (or proved to me on the basis of satisfactory evidence) to be the person^) whose namef^)^are subscribed to the within instrument and acknowledged to me tha^fj^fehe/they executed the same in^hj^ner/their authorized capacity(ie4), and that by Kis^/her/their signature^) on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. Signature BERRIE A. SYREK Commission #1559804 Notary Public - California San Diego County My Comm. Expires Mar 15.2009 (Seal) 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. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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 By:_ Sistant CityAttorney City Attorney Approved Version #04.01.02 9 •S Hours for Preserve Steward - It is anticipated Preserve Steward position will involve an average of 20 hours per week on this project, although there may be some weeks requiring more hours (e.g. during preparation of annual report). TAIC will maintain a regular schedule and establish set time periods during the week ("office hours") when Preserve Steward will be available at the City offices. S Hours for Other TAIC Support - TAIC will have other senior biology and GIS staff available to provide oversight and technical assistance to the Preserve Steward. It is anticipated other TAIC staff would average 8 hours per week, although this will vary depending upon the issues that arise. S Work Rate Authorization - Within the parameters of the hours described above and the description of duties described below, TAIC will complete the role of Preserve Steward without individual authorizations from City staff. TAIC will track the number of hours incurred TAIC staff on a monthly basis and compare to an approved work rate. If an issue or task arises that may be outside of these parameters, TAIC will review the situation with City staff and only proceed with written authorization. S Periodic Prioritization of Preserve Steward Activities - TAIC will coordinate with the Carlsbad Planning Director and Assistant Planning Director to review and prioritize the Preserve Steward activities on a weekly basis. The types of activities are listed below and TAIC will coordinate with the Planning staff to ensure priorities are focused on compliance with HMP requirements and schedule. TAIC will review request for support from Carlsbad staff with the Planning Director and/or Assistant Planning Director prior to proceeding on a request. Description of Preserve Steward Duties TAIC will implement the Preserve Steward role in coordination with City staff. The following is an elaboration on the types of duties expected of the Preserve Steward. 1. Prepare or assist the City in preparing an annual public report on HMP implementation and status of the management, maintenance, and monitoring of the HMP preserve system. (a) Analyze information, data, and analyses from all preserve areas for integration into the annual report. (b) Coordinate input of data into HabiTrak regarding gains or losses in Carlsbad preserve network. (c) Provide GIS services to determine the acreage conserved, preserve boundary changes, updated vegetation communities mapping, and sensitive species distribution. Prepare associated report graphics. (d) Gather and summarize the management actions conducted during a given reporting year and success evaluation of the management strategy, and adaptive management strategy for the following year. (e) Gather and summarize monitoring activities and associated data and analyses on status and trends of populations of covered species and condition of habitats. (f) Compose a list of top management priorities and major threats to the preserve system, and provide a plan of action to address these issues. (g) Prepare and hold annual reporting meetings. 2. Take leadership role in overseeing and coordination of City-wide preserve management, monitoring, and reporting. (a) Establish a communication network consisting of Preserve Managers, city representatives (Planning Department, Department of Parks and Recreation, and Public Works), California Department of Fish and Game (CDFG), U.S. Fish and Wildlife Service (USFWS), California Coastal Commission, Carlsbad Watershed Network (CWN), and public interest groups. (b) Work with the Planning Department to establish a chain of command and communication protocol with City staff and the Preserve Managers for general management issues and with the Police Department, and Fire Department for emergency issues. (c) Work with the City to establish proper and City-approved communication and reporting guidelines with the wildlife agencies. 3. Communicate with the Preserve Managers, the City and the wildlife agencies. (a) Communicate with Preserve Managers regularly through email, telephone, and field visits as needed. (b) Provide quarterly memos to the City and to wildlife agencies providing a brief summary of the status of preserve management. (c) Coordinate with members of the public quarterly and annually to report on compliance monitoring success and discuss management and monitoring priorities, threats, and other issues related to each particular preserve subunit; this can be accomplished through a comprehensive annual MHCP reporting meeting to which the public would be invited. (d) Establish management goals and priorities for the Carlsbad preserve system that meet regional (MHCP planning area) and local (Carlsbad preserve system and individual subunits) needs. (e) Coordinate efforts to develop and implement area specific management directives (ASMDs) to ensure that regional and local goals are met. (f) Assist Preserve Managers in the development of preserve-specific work plans (review plans). (g) Assist the City in resolving conflicts between the preserve management plans and other public needs by consulting with the wildlife agencies and making recommendations to the City. 4. Provide science-based technical guidance and direction to Preserve Managers for survey design, data collection and analysis. (a) Work with TAIC's senior conservation biologists and GIS staff to determine optimal methodology and protocols for survey design, data collection and analysis. (b) Review biological literature as needed to ensure that the most current scientific data is incorporated into preserve management. 5. Support the City on compliance monitoring. (a) Work with Preserve Managers regularly to assess preserve management and monitoring strategies with respect to conditions, policies, and guidelines outlined in the MHCP, HMP, OSMP, and Implementing Agreement. (b) Serve as liaison between the City and Preserve Managers and wildlife agencies to coordinate compliance monitoring efforts and to enhance communication among all groups. 6. Direct the collection of all monitoring data, review all data and reports, and formulate hypotheses regarding the status of species and habitat in the preserve system. (a) With input from the City, wildlife agencies, and Preserve Managers, develop standardized reporting protocol so that data are collected and submitted consistently among all Preserve Managers. The protocol may include collecting and entering data, resource mapping, survey and monitoring methods. (b) Assist the City as-needed to create a web-based management interface, through which management reports and GIS mapping data would be available through the Internet to City staff and, selectively if desired, to the pubic (this is an optional task that was discussed with City staff during the development of the OSMP). (c) Assist the Preserve Managers in developing management and monitoring hypotheses (including assumptions and expectations for the response or outcome of management actions) for the purpose of monitoring protocol development. 7. Consult with other biologists and scientists as needed to interpret monitoring data and design. (a) While Rosanne Humphrey will be the primary staff person and point of contact for TAIC and will be the de facto Preserve Steward, TAIC will also commit the knowledge, under-standing, and skills of Dr. Scott Fleury, Christina Schaefer and the TAIC GIS staff to this project. (b) Outside biological and scientific expertise will be sought as-needed through TAIC's network of professional and academic peers. 8. Prescribe adaptive management programs when needed. (a) Assist Preserve Managers with the development of adaptive management actions by following a six step procedure: 5. Identification of the problem or management goal, ii. Design of the management action or implementation plan, iii. Implementation, iv. Monitoring of management results, v. Valuation of the results relative to the desired management goals (feedback loop), and vi. Adjustment of management actions. (b) As necessary, assist Preserve Managers with the development of monitoring and evaluation methodology. (c) Provide input on Change versus Unforeseen Circumstances. 9. Carry out research as needed within the limits of resources available to the City. (a) Determine gaps in data relevant to preserve management. (b) Work with City planning staff to prioritize research goals in order to fill these gaps. 10. Prioritize threats to the preserve system and direct management actions accordingly. (a) Provide guidelines to the City and Preserve Managers regarding potential threats to the preserve system at the local and regional level. (b) Work with Preserve Managers to prioritize these threats and their potential impacts to habitat and sensitive species for each preserve area. Use this information to determine the greatest threats to the Carlsbad preserve system as a whole, as well as individual preserves, as feasible. (c) Using the preserve management guidelines and recent scientific data, work with Preserve Managers and the City to develop a list of management actions that are targeted toward alleviating threats as much as feasible. 11. Continuously evaluate the effectiveness and efficiency of preserve management activities in view of available resources and ensure that the most cost-effective measures are consistently used. (a) Assist Preserve Managers in developing the most cost effective adaptive management actions and responses to emergencies. (b) Serve as the liaison between Preserve Managers and the City of Carlsbad to obtain approval for expenditures that are not identified in the ASMDs or annual work plans. 12. Meet with interested public parties as necessary (at least annually) to ensure that the public understands the status of management, maintenance, and monitoring of the HMP preserve system. (a) Assist the City and Preserve Managers in developing recreational and educational opportunities for the public. (b) In coordination with the City, provide and update outreach and information on the Internet. (c) Coordinate with members of the public annually to report on compliance monitoring success and discuss management and monitoring priorities, threats, and other issues related to each particular preserve subunit; this can be accomplished through a comprehensive annual MHCP reporting meeting, to which the public would be invited. This meeting would provide a forum for the scientific community and general public to ask questions, make comments, and express concerns regarding preserve management. 13. Serve as the City's technical expert on preserve management. (a) Provide thorough understanding of all pertinent conservation planning documents and wildlife agency regulations. (b) Work with TAIC's senior conservation biologists to ensure that the most effective preserve strategies are used. 14. Assist the Planning Department staff in the review of project related biological reports and project related preserve management plans. (a) As time permits, provide technical assistance and resource management expertise to planning staff as needed for biological reports and preserve management plans. (b) Communicate with wildlife agencies as needed for preserve-related projects. 15. Provide advice to the Planning Department on determining precise preserve boundaries and proposed modifications to existing boundaries. (a) Use current habitat mapping and available species databases (USFWS, USFS, MSCP, SDNHM, CNDDB, etc.) to determine the potential or known occurrences of sensitive species within the preserve boundary. (b) Use available vegetation communities mapping data to determine the location of the most sensitive habitats and patches of invasive species. (c) Make recommendations for additional species surveys and habitat assessments as necessary to fill important data gaps. (d) Use the preserve data listed above and guidance documents (OSMP, HMP, Implementing Agreement, MHCP, and relevant biological resources permits) to make boundary adjustment recommendations. (e) In coordination with the Preserve Managers, make management recommendations (e.g., the use of controlled burns, mowing, weed removal, exotic animal control, restoration, and erosion control). 16. Assist in other biology-related tasks for implementation of the HMP as determined by the Planning Director. 17. Identify grants opportunities related to HMP Implementation and prepare grant applications as directed by the Planning Director. Compensation TAIC will to complete this project on a Time & Materials basis with a Not-to-Exceed value of $125,476 per year (see Table 1 below). TAIC will provide monthly invoices using the Schedule of Fees included in Appendix A. Each invoice will include a detailed progress report indicating activities completed in that time period and any problems or issues to be resolved. Reimbursable expenses will be handled in the following manner: S Mileage. Mileage will not be charged for travel by the Preserve Steward from home to Carlsbad, and for mileage to meetings and other activities within the City limits. Mileage traveled by the Preserve Steward to meetings outside of the City will be tracked and charged. S Four-wheel drive. TAIC does not maintain a four-wheel drive vehicle for company use. On the rare occasion that the Preserve Steward activities require four-wheel drive, TAIC will rent a vehicle and charge the fees to the project. Period of Performance The contract period of performance will be for 1 year from the date of contract execution. This contract can be renewed up to 3 additional option years. Table 1 : Budget Summary Category Name Hours Per Rate Amount Week Staff Biologist II (Preserve Steward) Senior Biologist I / Project Manager I Senior Biologist I Senior GIS Programmner HI Senior GIS Specialist II Miscellaneous Expenses Total Per Week Total Annual (52 Weeks) Rosanne Humphrey Scott Fleury Christina Schaefer Greg Nichols Debbie Turner (Mileage, Fedex, GIS Use Fee, etc.) 20 2 2 2 2 $75 $125 $125 $100 $85 $1,500 $250 $250 $200 $170 $43 $2,413 $125,476 Fee Schedule for Carlsbad Preserve Steward - Year 1 Program Manager I $ 145.00 Program Manager II $ 13 5.00 Program Manager III $ 130.00 Project Manager I $125.00 Project Manager II $120.00 Project Manager III $ 110.00 Senior Biologist I $125.00 Senior Biologist II $ 110.00 Senior Biologist III $95.00 Staff Biologist I $80.00 Staff Biologist II $75.00 Staff Biologist III $65.00 Senior GIS Programmer I $125.00 Senior GIS Programmer II $ 100.00 Senior GIS Programmer III $95.00 Senior GIS Specialist I $90.00 Senior GIS Specialist II $85.00 Senior GIS Specialist III $80.00 Staff GIS Specialist I $70.00 Staff GIS Specialist II $65.00 Staff GIS Specialist III $60.00 Biologist/GIS Intern I $55.00 Biologist/GIS Intern II $45.00 Administrative/Word Processing $45.00 Patrick Atchison Scott Fleury Christina Schaefer Roseanne Humphrey Greg Nichols Debbie Turner Shannon Race The rates listed above are valid for the one year after Notice-to-Proceed. Rates are subject to no more than a 4% increase annually. TAIC Technology Associates International Corporation www.taic.net CERTIFICATE OF BOARD RESOLUTION THE UNDERSIGNED, Secretary to the Technology Associates International Corporation, hereby certifies that the following resolution was adopted by the Board of Directors at its meeting July 7, 2006. RESOLVED that the Board of Directors grants the Director of Contract Administration authority to negotiate and bind the Corporation in all contractual matters. FURTHER RESOLVED that the Director of Contract Administration is authorized to delegate the negotiation and execution of contracts up to $100,000 to a Contracts Administrator. FURTHER RESOLVED that the Director of Contract Administration is to notify the Chief Operating Officer of execution of contracts with a funded action greater than $1,000,000. STEPHEN MEYER attests and witnesses that he is the duly elected Secretary of the Corporation, the above actions were duly approved by the Board of Directors and that the following signature is true and correct. ST 5962 La Place Court, Suite 225, Carlsbad, CA 92008 Phone (760) 603-1195; Fax (760) 603-1206 Page 1 of 2 Marilyn Strong - Thank you - input for City Council meeting Tuesday AU§^EIHDA ITEM* 1 - c: Mayor City CouncilFrom: Kevin Skjei <kskjei@sbcglobal.net> City Manager To: Marilyn Strong <Mstro@ci.carlsbad.ca.us> City Attorn** Date: 08/14/2006 6:15 PM City Clerk Subject: Thank you - input for City Council meeting Tuesday Aug 14 _ CC: patchett ray <choll@ci.carlsbad.ca.us>, "Zoll, Tom" <tzoll@ci.carls6ad.ca.u7-^, "LedthJlllU Linda" <llede@ci.carlsbad.ca.us> John, I dont have Marcela Escobar-Ecks email - would you please pass this to her for me with thanks for reminding me of the pending discussion of a habitat manager? Marilyn, sorry for my late input, but if there is a way to read this into the record for tomorrow nights meeting, would you attach it? Thanks. City Council and Staff: Please accept my families thanks for your wise leadership and stewardship of the habitat preserve areas within Carlsbad. I've lived in the Carlsbad Calavera Hills area for the last 6 years and have been fortunate to interact at many levels with City staff and my neighbors in giving something back by doing volunteer work in this area, including award winning collaborations with schools, the trail program, and the police department, to protect and educate the public about our natural resources. Unfortunately because of a work conflict I cannot attend the August 15th Council session or I would be there in person, and 1 ask that the following be read into the record: Your pending appointment of a Habitat Steward represents another leading milestone in the the City Planning Departments visionary and wise management of the beautiful natural spaces of Carlsbad that have become so important to the public. This position represents the Council's and Staffs ongoing commitment to wise and patient management of open space land from a scientific perspective, while honoring the "listening to the customer" approach that distinguishes Carlsbad from other governmental entities. The Habitat Steward will join those who manage these assets for the public good - Planning, Public Works, Parks and Recreation, the Police and Fire Departments, and the various land managers and consultants and others who perform services for the City as a team, quietly and steadfastly getting the job done. Carlsbad is a beautiful place to live and work with many, many outdoor amenities that have been carefully planned, developed and tended, and that does not happen by accident. Carlsbad does it so well it isn't always apparent to those outside the process, and you make it look easy. We the public tend to get spoiled by that, and sometimes in the very democratic process of providing "input" we forget how much hard work goes into a complex process that never perfect, but a work in progress. I think its important from time to time for those of us who benefit from that hard work to say "Thank You" to Staff and the Council. file://C:\Documents and Settings\Mstro\Local Settings\Temp\GW} 00001 .HTM 08/15/2006 "jfc -JJr^'J^VO'I^'" j- - -• ."'-i <•••;•,'• '•;..•,.!": '•. '::•.'-. ;.\..::il^"||W;*^-?"f*|i;W|bip^^^, jrMJQRlJfc •;, : •;.• ji^atiia^EWwwp^wim'lli.w! PRODUCER Barney & Barney, LLC - CA License No. OC03950 Barney & Barney, Inc. - CA License No. OC24310 P.O. Box 85638 San Diego, CA 92186-5638 INSURED TECHNOLOGY ASSOCIATES INTERNATIONAL CORP. 5962 LA PLACE CT., SUITE 225 CARLSBAD, CA 92008 '•-yK^!!,'!ir,KfK'ri'--f'']ff::-l'.-'-^/^^^.f^^l3^t^^- '-•-. ill^ii^^:-;:;:;;:'.':-::'^%\.' .DATE 5/25/2006 . :,:irS:s^miKK''i:Sif^'/^^^^':'.'-':-' ^.C-'jK,} , • . -'1&\ : : THIS CERTIFICATES ISSUED AS*A MATTERTjA INFORMATION ONLY AND CONFERS NO RIGHTS UPONlmt OERTIFICATE -HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OKAttrBPt THE COyBRAGE AFFORDED BY THE POLICIES BELOW03 /**MWCfir-»n -» J QSlVIPANIEfMBFOR'D'lNG COVERAGE\«^ <Srtjfcrf f+/ COMPANY A X^ACHUBB - FEDR&L INSURANCE CO LETTER X^t/ ^/ ^ t Q V &°y COMPANY B HARTFOffD^ HARTFORD CASUALTY INS COMPANY c Lloyds of LondonLETTER COMPANY n LETTER COMPANY C LETTER ; COVERAGES.,.;;: ':'• : . ;. :-mM'Ji&ii!imi ^^.^ j-iv. ' :; ;;.-.;= :: •,: : • : : ; : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR A A A B C TYPE OF INSURANCE GENERAL LIABILITY E3 COMMERCIAL GENERAL LIABILITY •V,1: D CLAIMS MADE El OCCUR, n OWNER'S & CONTRACTOR'S PROT. D AUTOMOBILE LIABILITY fj ANY AUTO fj ALL OWNED AUTOS (3 SCHEDULED AUTOS £3 HIRED AUTOS H NON-OWNED AUTOS fj GARAGE LIABILITY EXCESS LIABILITY ^ UMBRELLA FORM Q OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER PROFESSIONAL LIABILITY POUCY NUMBER 3584-39-37 7353-40-80 7984-61-41 72WEKS9743 SF604860Z POLICY EFFECTIVE DATE (MM/OD/YY) 2/15/06 2/15/06 2/15/06 5/20/06 5/20/06 POLICY EXPIRATION DATE (MM/DD/YY) 2/15/07 2/15/07 2/15/07 5/20/07 5/20/07 LIMITS GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED. EXPENSE (Any one person) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE sW-.r::!?ivi1':l:: &--hf :•'-•": ;::'-"':::: ••"': r D STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE $2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $10,000 $1.000,000 $ $ $ $3,000,000 $3,000,000 J^ii^j/i- L';'-:- ';;:;: ; $1,000,000 $1,000,000 $1,000,000 $2,000,000 EACH CLAIM $2,000,000 AGGREGATE $250,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/SPECIAL ITEMS ADDITIONAL INSURED ENDORSEMENT OREDERED FROM CHUBB & TO FOLLOW CERTIFICATE HOLDER \ ^^ll^ji^^ City of Carlsbad, its officers, officials, employees & volunteers Planning Dept. ATTN: Michele Masterson 1635 Faraday Avenue Carlsbad, CA 92008-7314 ACORD 25-S (7/90) ••'.-'•^M^:iWi9i^ 'y-m^K^^ -••••• •• • • ;: : SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i; :;;:;;: EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO !:i: P ; MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ;i x • BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SM: OF ANY KIND UPON THE COMPANYJTS AGENTS OR REPRESjaWATIVES. i'sSf- AUTHORIZED REPRESENTATXty/ . X2XrX""36?7 «^s.,«,a,™, fim^m^^^^>-;;m^^s^mm~^msi'fgsssf X:\My Documents\Client Docs\TAIC\Cert.doc 8 8 8 (2 8 m 8 8 3o 3(2 inCM § 8 8 8 8 § (9 § UJ UJ $ •5 1o in go £ o ! IIin in t ^f>^ I •s I c5:Ii UJ CL g O IS at ^ w (0UJto s g« M § M at 8in g c m 2 I I O 1- \Q | U. k0 <M CRITER_i2 Zi e nH ! it H I 1H I [2 I I V. a $ g (N g g CN in s CO I ^. inCM tt O. o 1 m m K o mcs in K CO g ^. inCM JLj UJ 00n •cgXUJ in en in *"" en inCM T- in 8 ^. § ^. S IB 1 O m f. C ii11o g >\ a |^ < 00 g fN g <N r- § ^ !2 co 8 in 8 co "5 1 gCM gCN 1) inr- jn Tt §SCORES_j 5 IIin in -.9 « 1 W 8IU a eSoS iE u ? j< 1a i ^ U. i <Y 1 MINIMUM CRITE(2 I (2 u <8 "« H I 3 H , 1 £ B H , int^ co S <N Oin cs inf\ in IS CO inf- co S ae Approach to Pro.S t int^ r^ % cs inf\ in inr- m S in inCM a 1n Experience & ExS t g (N OV) <N inc\ in 8 •* RT- •«r in CM 5n = i ts .II_ c Ability to perfom& responsive maS CN S fN § •t If.I-- <n 12 n inf- co in CM Cost of ServicesmCMro mc\cv oinCM oin•* S inf-CO § T-JTOTAL SCORESvPI* 1 I IIin in" m w I (9 — CO.2 75 - w 1 g o S s 8 iseS 8 to perfonsiveg g 8 _! SjoI S ESI 111 « M H w s I 75M£ S is10Z o 1- jeo °1 Assoc.1 k i %| MINIMUM CRITE_. f- 1 (2 1 I I IH 1 i2 , W I , 12 m IS m S S m g ^ 12 CO CM 8 I Approach to Pro12 fO 12 CO o•n 8 v ^ 8 ^j- § S I | Experiences ExS <N in ro o 8 ^. g in CO 8 inCM a c 1 Isi- C Ability to perforn& responsive maS cs in en g ~~l S in in CO 8 inCM Cost of Services8CM 8 SCM ^ i 12 CO 8 [TOTAL SCORES Preserve Steward for the CityPreserve Steward for the City’’s s Habitat Management PlanHabitat Management PlanAugust, 15, 2006 City of Carlsbad City of Carlsbad Habitat Management PlanHabitat Management Plan™Implementing OrdinanceApproved by Council on March 7, 2006™HMP General Plan HardlineApproved by Council on February 14, 2006™Coastal Commission April 4, 2006™Deemed IncompleteApril 18, 2006 City of Carlsbad City of Carlsbad Habitat Management PlanHabitat Management PlanJune 24, 2006 TAIC Contracted “one-time tasks”:™Preparation of Guidelines for Biological Studies™Preparation of Guidelines for Wetlands Avoidance and Buffers™Preparation of Guidelines for Habitat and Preserve Management™Development of a Public Outreach Plan™™Reconciliation of Baseline HMP GIS LayersReconciliation of Baseline HMP GIS Layers City of Carlsbad City of Carlsbad Habitat Management PlanHabitat Management PlanPreserve Manager – Budget ™Open Space Management PlanApproved by Council December 6, 2005™Center for Lands Management (CNLM)February 22, 2006 –kick-off meetingApril 19, 2006 -- mapsJune 30, 2006 – scope of workJune 25, 2006 –signed contract for Property Analysis Record (PAR)Property Analysis Record (PAR)™PAR’s to be completed within 90* days – (pending delivery of one additional map)™Budgetand potential Fundingsources City of Carlsbad City of Carlsbad Habitat Management PlanHabitat Management PlanPreserve Steward TAIC:Rosanne Humphrey, Staff Biologist –Preserve StewardChristina Schaefer, Senior Biologist™Preparation of Annual Plan™Coordinate City-wide preserve management, monitoring and reporting™Adaptive management recommendations™Provide technical expertise to staff™Identify grant opportunities