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HomeMy WebLinkAbout2010-09-28; City Council; 20365; Habitat Management Contract Technology AssociatesCITY OF CARLSBAD - AGENDA BILL AB# 20.365 MTG. 09/28/10 DEPT. PEM AWARD OF PROFESSIONAL SERVICES AOPCCMCMT POD HARITAT MAMAOCMCMTAoKttMtlN I rUKnADllAI MAINAotMtlN 1 PLAN PRESERVE STEWARD WITH TECHNOLOGY ASSOCIATES INTERNATIONAL CORPORATION DEPT. DIRECTOR <£J^g2- CITY ATTORNEY (^^ CITY MANAGER ^ "~ RECOMMENDED ACTION: Adopt Resolution No. 2010-229 _, awarding a Professional Services Agreement to Technology Associates International Corporation (TAIC) to serve as the City's Habitat Management Plan Preserve Steward. ITEM EXPLANATION: The City's Open Space Management Plan, adopted in December 2005 as part of the Habitat Management Plan (HMP) implementation, created the position of HMP Preserve Steward to serve as a biological expert and assist with the coordination, implementation, and oversight of the various components of habitat management, monitoring, and reporting throughout the year. The position is critical to assist the City with maintaining regulatory compliance and effective open space management for the HMP preserve system. In accordance with Carlsbad Municipal Code, section 3.28.060, a Request for Proposals for Habitat Management Preserve Steward Services was issued on July 2, 2010. A notice of Request for Proposals (RFP) was sent to 26 biological consulting firms and an additional seven companies expressed interest in viewing the RFP. The request was posted on the eBidboard on the City's website and 17 firms registered as document holders. Of these 33 consulting firms, only one submitted a proposal: TAIC. The Property and Environmental Management Department reviewed the proposal based upon the following criteria: 1 ) approach to project; 2) experience and expertise; 3) ability to perform the services in a timely and responsive manner, and, 4) cost of services. After reviewing the proposal, staff recommends that TAIC be contracted as the City's HMP Preserve Steward. TAIC's performance in the role of Preserve Steward for the previous four years has been professional, timely, and responsive and all tasks and work products have been delivered within budget. In that time, the HMP program has developed and now includes a website, implementation guidelines for assisting property owners and consultants, and regular annual reporting. The Preserve Steward has also assisted other departments within the City on technical biological issues and public outreach and education. ENVIRONMENTAL IMPACT: The approval of a Professional Services contract does not constitute a project as defined under Section 15378 of the California Environmental Quality Act (CEQA) and no additional environmental documentation is required. DEPARTMENT CONTACT: Michael Grim, 760-602-4623, mike.grim@carlsbadca.aov. FOR CITY CLERKS USE ONLY COUNCIL ACTION:APPROVED DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 FISCAL IMPACT: The professional services agreement contains a not-to-exceed limit of $125,093.00 per year. The agreement would be funded through the Property and Environmental Management Department budget. There are sufficient funds in the Environmental Management operating budget to fully fund this contract. EXHIBITS: 1. Resolution No. 2010-229 awarding a Professional Services Agreement to Technology Associates International (TAIC) to serve as the Habitat Management Plan Preserve Steward. 2. Professional Services Agreement with Technology Associates International Corporation (TAIC) for the Habitat Management Plan Preserve Steward. 1 RESOLUTION NO. 2010-229 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT TO TECHNOLOGY ASSOCIATES 4 INTERNATIONAL CORPORATION (TAIC) TO SERVE AS THE HABITAT MANAGEMENT PLAN PRESERVE STEWARD 5 6 WHEREAS, The City of Carlsbad's Open Space Management Plan requires that a 7 Preserve Steward assist in the coordination, implementation, and oversight of the various 8 components of habitat management, monitoring, and reporting for the Habitat Management 9 Plan; and 10 WHEREAS, it is desirable and necessary to retain a biological consultant to perform the 11 duties of the Preserve Steward; and 12 WHEREAS, Carlsbad Municipal Code, Section 3.28.060(D)(1) requires formal bidding for services where the cost is in excess of thirty thousand dollars; and 14 WHEREAS, on July 2, 2010 the City of Carlsbad posted a request for proposals for the Preserve Steward agreement via Carlsbad's eBidboard; and '° WHEREAS, Technology Associates International Corporation submitted a proposal to the City to serve as the Preserve Steward; and 18 WHEREAS, Technology Associates International Corporation has the necessary skills 19 and experience to perform the Preserve Steward duties; and 20 WHEREAS, sufficient funds are available in the existing Department operating budget to 21 fund this agreement. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 23 California, as follows: 24 1. That the above recitations are true and correct. 25 26 27 28 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 28th day of September, 2010, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Kulchin. ATTEST: )RRApE M. WOOD, City Clerk '(SEAL) PWENG790 AGREEMENT FOR BIOLOGICAL CONSULTING SERVICES Technology Associates International Corporation (TAIC) -f THIS AGREEMENT is made and entered into as of the cJ tf day of _, 20id , by and between the CITY OF CARLSBAD, a municipalf t m " • ^^—••- —- . - —- ^ corporation, ("City"), and TAIC, a Washington corporation, ("Contractor"). RECITALS A. City requires the professional services of a biological consultant that is 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 (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one year periods or parts thereof in an amount not to exceed One Hundred Twenty-five Thousand Ninety-three dollars ($125,093) 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 #05.06.08 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed One Hundred Twenty-five Thousand Ninety-three dollars ($125,093). 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 #05.06.08 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 Eligible 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, 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. City Attorney Approved Version #05.06.08 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 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 City Attorney Approved Version #05.06.08 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Michael Grim Title Senior Planner For Contractor: Name Christina Schaefer TAIC Department Property and Environmental Management City of Carlsbad Address 1635 Faraday Avenue Carlsbad. CA 92008 Title Director of Biological Resources Address 5952 La Place Court. Ste 225 Carlsbad. CA 92008 Phone No. (760)603-1195 Phone No. (760) 602-4623 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 #05.06.08 Q 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 #05.06.08 6 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 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 City Attorney Approved Version #05.06.08 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. City Attorney Approved Version #05.06.08 8 12. PWENG790 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 unicipal alifornia (print name/title)ATTEST: (e-mail address) "By: (swja-fiere) Sz.yrno.rvsk> , ( LORRAINE M. WOOD — .—. -. .—. • 11 Weta'y CityCle (print name/title) /&«•'&&* (e-mail address) If required by City, proper notarial acknowledg^jdi^^pp^lfon by contractor must be attached. If a Corporation. Agreement rnt>^t'»b'e^S'fgniked" by one corporate officer from each of the following two groups. ''' '"x *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 1/7 f) 0 xnX By: J\iJ^J^L^ Deputy City Attorne City Attorney Approved Version #05.06.08 "2. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California &M1County of On MjQUsV ZM 2010 before me, u Date personally appeared W\C Here Insert Name and Title of the Officer 7oel\e Sttr<wn*A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hof/their authorized capacity(ies), and that by No/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHRISTINA ROSE LEVESQUE Commission # 1878993 Notary Public - California San Diego County 2 Exflifes Feb 2. 20141 WITNESS my hand and official seal. Place Notary Seal Above Signature: OPTIONAL jAwi Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: f\Q QflyC. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here )C Corporate Officer — Title(s): EVP/C.OQ n Individual i i Partner — JU Limited 7J General H Attorney in Fact ~ Trustee LJ Guardian or Conservator i: Other: Signer Is Representing: TA\C RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _ Corporate Officer — Title(s): MS\$VfroV D Individual Hi Partner — U Limited n General "~ Attorney in Fact D Trustee D Guardian or Conservator n Other: Signer Is Representing: TA\C © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)Item #5907 PWENG790 EXHIBIT "A" City of Carlsbad Preserve Steward Scope of Work August 2010 Background The role of the Preserve Steward is to provide the knowledge, skills, and experience of coordinated open space management to the City of Carlsbad's (City) Habitat Management Plan (HMP) implementation program while meeting compliance requirements with the U.S Fish and Wildlife Service (FWS) and California Department of Fish and Game (DFG). The consultant will implement the Preserve Steward role based on the following parameters, at the direction of the Contract Manager: • Dedicated Staff Member as Preserve Steward - The consultant will identify a single point of contact designated as the Preserve Steward. Once the contract is executed, if there is a change in personnel the consultant will notify the City in writing 30 days in advance of the change and include training time in this transition period. • Periodic Prioritization of Preserve Steward Activities - The Preserve Steward consultant will coordinate with the City Contract Manager to review and prioritize the Preserve Steward compliance-related activities below on a regular basis, at a minimum frequency of monthly. The consultant will review requests for support from Carlsbad staff with the Contract Manager prior to acting on a request. • Communication per Figure 1 - The Preserve Steward will serve as the main liaison between the City Contract Manager and Preserve Managers, and interact with other stakeholders at the direction of the Contract Manager. Preserve Steward Figure 1 - Chain of command and communication flow for HMP implementation 10 City Attorney Approved Version #05.06.08 PWENG790 • Liaison with Preserve Managers - in liaising with the Preserve Managers, the Preserve Steward will: o Coordinate with Preserve Managers to prioritize threats and associated impacts to the preserve system, and develop a list of management actions consistent with the preserve management guidelines. o Assist Preserve Managers in developing the most cost effective adaptive management actions in response to emergencies. Serve as the liaison between Preserve Managers and the City to obtain approval for expenditures that are not identified in the Area Specific Management Directives or annual work plans. Key Deliverables 1. Meeting Support: • Participation in monthly, or more frequent as needed, Preserve Steward update conference calls with the City's Contract Manager; • Attendance at bimonthly HMP Implementation meetings with City and Wildlife Agency staff if needed; • Attendance at quarterly Preserve Manager meetings; 2. Outreach and Education: • Preparation and maintenance of public outreach materials through the City's HMP website, • participation at public outreach and educational events, as needed, • Attendance and participation at the public HMP Annual Meeting; 3. Preparation of the Citywide HMP Annual Report, and the 3 year Summary Report; 4. Perform effectiveness monitoring; 5. Provide assistance to other City Departments as determined by the Contract Manager. Detailed Description of Preserve Steward Activities 1. Meeting Support a) Conference call with the Contract Manager monthly or more frequently as needed to prioritize tasks and provide project updates. b) Attend bi-monthly HMP implementation meetings with the City and wildlife agencies as needed. c) Meet with Preserve Managers on a quarterly basis, and work with them as needed to assess preserve management and monitoring strategies and activities with respect to conditions, policies, and guidelines outlined in the Multiple Habitat Conservation Plan (MHCP), Habitat Management Plan (HMP), Open Space Management Plan (OSMP), and Implementing Agreement (IA). City Attorney Approved Version #05.06.08 11 PWENG790 2. Outreach and Education (a) Assist the City in the maintenance/preparation of public outreach materials, such as brochures, signs, newsletters, and content on the City website, as needed. (b) Participate in public outreach events to provide education regarding habitat preservation as directed (such as trail volunteer training, National Trails Day, National Public Lands Day, HMP Annual Meeting, etc). 3. Preparation of the Citywide HMP Annual Report, and the 3 year Summary Report (a) Analyze information, data, and analyses from all preserve areas for integration into the annual report. (b) Manage and coordinate input of data regarding gains or losses in Carlsbad preserve network on an annual basis into the DFG's Habitrak system. Data shall be entered into ArcGIS locally using the Habitrak extension and uploaded to DFG for processing and report generation. (This information shall also be incorporated into the HMP annual report). (c) Provide CIS 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 (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 recommended top management priorities and major threats to the preserve system, and provide a plan of action to address these issues and adaptive management strategies for the following year. (g) Attend and assist in preparation for annual reporting meetings, (h) Prepare the three-year Summary Report. City Attorney Approved Version #05.06.08 12 n PWENG790 4. Perform Effectiveness Monitoring (a) Use current habitat mapping and available species databases (USFWS.US Forest Service, Multiple Species Conservation Plan, San Diego Natural History Museum, California Natural Diversity Data Base, etc.) to determine the potential or known occurrences of sensitive and/or invasive species within the preserve boundary. (b) Make recommendations for additional species surveys and habitat assessments as necessary to fill important data gaps. (c) Provide advice to City staff on determining the presence and location of sensitive species within preserves not currently under management (d) Assist in determining exact preserve boundaries when needed. (e) Use the preserve data listed above and guidance documents (OSMP, HMP, IA, MHCP, and relevant biological resources permits) to make boundary adjustment recommendations. (f) Assist with the identification of grants opportunities related to HMP Implementation and assist with the preparation of grant applications as directed by the City contract manager. (g) Assist the Preserve Managers and San Diego Regional Monitoring and Management Team in improving management and monitoring activities. Use this information to assist in the refinement of currently employed protocols, as appropriate. (h) Assist in reviewing Preserve Management Plans and endowment amounts for newly created preserves to ensure compliance with the MHCP, HMP, OSMP and IA and that all initial capital improvements, surveys, potential threats and necessary management actions are clearly identified and adequately funded in the endowment fund. 5. Provide assistance to other City Departments as determined by the Contract Manager (a) Planning Department - review of project-specific biological technical reports, preserve management plans, project mitigation plans, HMP Equivalency and Consistency Determinations. (b) Parks and Recreation Department - participation in public outreach and trail volunteer events, coordination with Preserve Managers on City Attorney Approved Version #05.06.08 13 PWENG790 proposed trail alignments, assistance with design of habitat restoration sites. (c) Fire Department - assist with consultation on fire suppression activities adjacent to HMP preserves and identification of suitable native plant materials within fire suppression zones. (d) Other Departments-as directed by Contract Manager. Compensation Compensation shall be made on a time and materials basis using the following rate schedule. In no event shall compensation exceed One Hundred Twenty Five- thousand, ninety-three dollars ($125,093). Position Preserve Steward Assistant Preserve Steward Senior Biologist GIS Technician Admin Support Rate $95.00 $70.00 $145.00 $110.00 $50.00 14 City Attorney Approved Version #05.06.08 Technology 4p Associates International Corporation Fee Schedule for 2010 Carlsbad Preserve Steward - Year 1 Program Manager III $200.00 Program Manager II $175.00 Program Manager I $150.00 Project Manager III $140.00 Project Manager II $130.00 Project Manager I $120.00 Senior GIS Programmer III $150.00 Senior CIS Programmer II $130.00 Senior GIS Programmer I $120.00 Senior GIS Specialist III $115.00 Senior GIS Specialist II $105.00 Senior GIS Specialist I $95.00 Staff GIS Specialist III $85.00 Staff GIS Specialist II $75.00 Staff GIS Specialist I $65.00 GIS Intern II $60.00 GIS Intern I $50.00 Managing Biologist II $145.00 Managing Biologist I $135.00 Senior Biologist III $125.00 Senior Planner / Biologist II $115.00 Senior Biologist I $105.00 Staff Biologist III $95.00 Staff Biologist II $85.00 Staff Biologist I $75.00 Junior Biologist II $65.00 Junior Biologist I $55.00 Administrative/Word Processing II $60.00 Administrative/Word Processing II $50.00 Patrick Atchison Greg Nichols Debbie Turner Dustin Dirks Christina Schafer Derek Langsford Rosanne Humphrey Kelcey Strieker Shannon Race Theresa Friedrich Notes: 1. The rates listed above are valid for one year after the Contract Execution Date. Rates are subject to no more than a 4% annual increase. 2. Technology Associates bills a GIS Use Fee of $5 per GIS labor hour. 3. Mileage at current IRS rates. 4. Subcontractors and other direct expenses marked-up by 10%. Technology Associates Schedule of Fees - Carlsbad Preserve Steward - Year 1 2010