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Home My WebLink About2019-10-08; City Council; ; A Memorandum of Understanding for a Ward's Weed Eradication Program and an Agreement with ACS Habitat Management for Implementation of the ProgramCA Review /h_G,- (i) S~~fi R~port Meeting Date: To: From: Staff Contact: Subject: Oct. 8, 2019 Mayor and City Council Scott Chadwick, City Manager Rosanne Humphrey, Senior Program Manager rosanne.humphrey@carlsbadca.gov, 760-602-4689 A Memorandum of Understanding for a Ward's Weed Eradication Program and an Agreement with ACS Habitat Management for Implementation of the Program. Recommended Action Adopt a Resolution: (1) authorizing execution of a Memorandum of Understanding (MOU) for a Ward's weed eradication program between the City of Carlsbad, the Nature Collective, San Diego County (County AWM), and the Center for Natural Lands Management (CNLM): (2) authorizing execution of an agreement with ACS Habitat Management for implementa~ion of the program; (3) approving a carry-over of budgetary savings of $200,000 from the FY 2018-19 Environmental Management Department Operating Budget to the FY 2019-20 Environmental Management Department Operating Budget to fund the ACS Habitat Management Agreement; and (4) authorizing execution of right of entry permits to provide eradication services on private property located in the infestation area. Executive Summary Ward's weed is a highly invasive non-native plant that threatens native habitats, protected plant and animal species, recreation and agricultural areas, and increases the wildfire fuel load. This species was first discovered on the Rancho La Costa Preserve in Carlsbad in 2008, which was the first recorded discovery in North America. Since then, this plant has been found in approximately 200 acres of habitat within the City of Carlsbad's Habitat Management Plan (HMP) preserve. Ward's weed has since been observed at three other locations in San Diego County. Of the known infestation, 90% is in Carlsbad, mostly on unmanaged HMP preserve land. So far, Ward's weed has not been found anywhere else in California or in the United States. Investing in early and aggressive control of this species will save a significant amount of resources in the future. Ward's weed spreads extraordinarily fast and can grow in dense mats that choke out native plants. Once the infestation reaches a certain point, eradication will be infeasible, and the plant could sp read throughout California and the United States. Oct. 8, 2019 Item #1 Page 1 of 50 Staff recommends executing a two-year MOU with other local entities committed to eradicating Ward's weed in the City of Carlsbad and executing an agreement with ACS Habitat Management, in an amount not to exceed $200,000, to implement the city's commitments in the MOU. This contractual contribution would match the contractual resources provided by the other MOU partners. Staff also recommends approving a carry-over of fiscal year 2018-19 budgetary savings of $200,000 to fund the ACS Habitat Management agreement and executing right of entry permits to implement the Ward's weed eradication program under the MOU. Discussion Protecting the city's open space and the natural environment is one of the core values identified in Carlsbad's Community Vision. The Environmental Management Department is responsible for implementing the city's HMP, which is a citywide conservation plan detailing how the city will comply with the state and federal Endangered Species Acts and California Natural Communities Conservation Act, while allowing continued economic growth and development in the city. As described in the HMP Implementing Agreement, the city is obligated to assemble and protect a 6,478-acre native habitat preserve system. Part of this commitment is to maintain the long-term habitat value so that the habitat can continue to support viable populations of sensitive plant and animal species. Invasive, non-native species are one of the greatest threats to the city's preserve system. Invasive species can push out native plants, degrading habitat quality, which in turn pushes out native wildlife, including important pollinators, mammals and birds. Ward's weed is especially harmful to native habitat because it grows as a thick mat, choking out all other species. Background Ward's weed originates from the Mediterranean region. This species was first discovered on the Rancho La Costa Preserve in Carlsbad in 2008, the first record in North America. Since then, Ward's weed has been found in approximately 200 acres of habitat within the HMP preserve between El Camino Real and the eastern border of the city, and between Palomar Airport Road and Alga Road (Exhibit 2). Small patches of Ward's weed have since been found in three other locations within San Diego County; however, about 90% of it is in Carlsbad. So far, Ward's weed has not been found anywhere else in California or the United States. Ward's weed spreads fast, as illustrated in Australia where a single introduction in 1910 at Port Pirie spread to 500 acres within five years, and has since spread throughout a third of the continent. One reason it spreads so fast is the high seed count -up to 30,000 seeds per square meter. Also, unlike most plants, which drop their seeds at the end of the season, Ward's weed retains seed pods on the plant after it dries up. The pod s then burst open after the first rains of the next wet season. This growth pattern results in two seed banks -one in the soil and one on the plant. Analysis Local and state agencies recognize Ward's weed as a high priority for eradication because it (1) spread s quickly, (2) is likely to spread throughout California without intervention, (3) can grow in many conditions and environments, (4) has a high potential for economic impact (displacing Oct. 8, 2019 Item #1 Page 2 of 50 crops and nurse ry plants), (5) has a high potential for environmental impact (displacing rare and protected plants and vegetation communities, and degrading habitat for wildlife), and (6) increases the potential for wildfire (filling in areas that would otherwise ha ve little plant cover, creating a continuous layer of flammable fuel). If allowed to spread further, Ward's weed could threaten the HMP preserve system and recreational areas citywide, including areas owned and maintained by the city. Infested areas include nine acres of land managed by CNLM and approximately five acres on city-maintained areas (Alga Norte Park landsca ping and within two city trail easements). The remaining infestation (approximately 186 acres) is on unmanaged HMP preserve land owned by a variety of Homeowners Associations (HOAs) and Business Associations (BAs). It is critical that Ward's weed be eradicated from Carlsbad and the rest of San Diego County as soon as possible. Eradication of an invasive species becomes less likely and management becomes more costly as the species continues to sprea d. Staff have completed the following st eps in response to this threat: • Assembled a stakeholder group to coordinate a response to the threat, including the City of Carlsbad Parks & Recreation Department, CNLM, County AWM, San Diego Management and Monitoring Program, San Diego Habitat Conservancy (SDHC), the Nature Collective, University of California Department of Agriculture and Natural Resources, and the City of San Diego; Letters of support for the eradication program are included in Exhibit 3. • Determined the current extent of right of entry permits that are needed from HOAs an d BAs that own open spa ce preserve lands invaded by Ward's weed in Carlsbad; • Identified sources of funding for mapping and treatment in so me portions of the infest ed area; and • Initiated ed ucational outreach, including interviews; conducted on-site workshops with city Parks maintenance staff, landscaping companies, HOA represe ntatives, and land managers; prepared informational materials; and ga ve presentations at professional meetings for land managers, resource agencies and environmental scientists. Treatment Strategy and Memorandum of Understanding The Ward's weed stakeholder group has developed an effective treatment strategy based on field studies conducted in Aust ralia and over 10 yea rs of analyzing options and experimental treatments consistent with the city's Integrated Pest Management Plan in Carlsbad. The proposed eradication program includes two phases based on the recommended treatment strategy: 1. The first phase would be intensive, aggressive treatment across the range of the infestation in Carlsbad. The treatment would consist of spraying with Gallery™ (a pre- emergent herbicide that suppresses seed germination) approximately one or two weeks before measurable rains arrive, typically November or December. Gallery™ does not Oct. 8, 2019 Item #1 Page 3 of 50 harm most native woody shrubs, grasses or bulb species. Because the treatment area is so large, follow-up re-treatments may be required for areas that were unintentionally missed during the initial treatment period. The city's current Integrated Pest Management Plan, approved by City Council Resolution No. 2017-229, allows use of herbicide "if deemed necessary by supervisory staff to protect public safety; to prevent a threat to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss - when pests cannot be managed by other tactics." Very small areas (less than 0.5 acre), such as the landscaping in the city's Alga Norte Park and the adjacent Rancho La Costa preserve can continue to be controlled by hand pulling if conducted regularly throughout the growing season. However, for larger areas, hand pulling is infeasible, and standard mechanical methods use d by landscapers, such as mowing and hauling cut vegetation, have a high potential to spread Ward's weed to new areas. Organic herbicides are not effective in the treatment of Ward's weed because only the above-ground portions of the plants are ki lled, so the plants continue to re-sprout from live roots, requiring treatment every two to four weeks throughout the growing season annually (plants as small as one inch can produce seeds). Visiting a site this frequently is incredibly labor intensive and would damage habitat from frequent trampling. Keeping the seeds from germinating by using the pre-emergent herbicide has been found to be the most effective treatment, and a single treatment in this manner followed by occasional spot treatment can last two years. The total cost of Phase 1 treatment is estimated to be approximately $400,000 for two years. This estimate was calculated using the cost per acre incurred by County AWM and CNLM in previously-treated areas ($2,000/acre) multiplied by the recently mapped acreage of the weed (approximately 200 acres). Actual costs may vary depending on site conditions across the treatment area. The proposed MOU among the City of Carlsbad, the Nature Collective, the County AWM and the CNLM will formalize each party's obligations regarding funding, treatment prioritization, treatment areas, schedule and coordination efforts. The initial term of the MOU is two years to include the Phase 1 treatment effort. Amendments to the MOU to include future phases must be in writing and approved by the City Council. If executed, the parties under the MOU will provide an initial treatment of infested areas under Phase 1 before the first measurable rains of the upcoming wet season. Under the MOU, the participating parties would commit to provide resou rces to perform eradication services in the City of Carlsbad in the following estimated amounts: $200,000 from the city, $100,000 from the Nature Collective (previously San Elijo Lagoon Conservancy), $82,400 from County AWM and $11,600 from CNLM. Oct. 8, 2019 Item #1 Page 4 of 50 MOU: Ward's Weed Eradication Program Agency/Organization Contributing Amount -------------------+-----~---------< City of Carlsbad $200,000 ------------------+--~-----------i San Diego County Department of Weight and Measures $82,400 Nature Collective $100,000 (formerly the San Elijo Lagoon Conservancy) Center for Natural Lands Management $11,600 2. The second phase would be ongoing, less-intensive maintenance. Pha se 2 maintenance is anticipated to be performed by SDHC for the Bressi Ranch Preserve, CNLM in Rancho La Costa Prese rve, staff in areas currently maintained by the city, and HOAs/BAs in fuel modification zones. The remaining approximately 40 acres are unmanaged prese rves owned by HOAs/BAs. Long-term monitoring and maintenance of these areas could be provided by the landowners, volunteers or additional grant funding. Following the Best Management Practices (BMPs) developed by the stakeholder group w ill help prevent further spread of Ward's weed into new areas. Seeds can easily stick to boots, clothing, pets, and landscaping equipment. Therefore, to avoid further spread, only t hose familiar with BMPs and treatment protocols should enter an infested area or try to remove the plants. BMPs include brushing and disinfecting clothing, boots and tools in a designated location before leaving the infested area and using appropriate pla nt disposal methods if plant matter is taken off-site or leaving dead plants on-site in a designated area. Right of Entry Permits The city must execute right of entry permits prior to providing eradication services on privately- held preserve lands. Based on known infestat ion areas, staff recommends that the city execute right of entry permits with Bressi Ranch Preserve, Bressi Spectrum Preserve, and Rancho Carrillo Preserve. Staff will monitor whether addit ional areas depicted in Exh ibit 2 (i.e. between El Camino Real and the eastern border of the city, and between Palomar Airport Road and Alga Road) require Ward's weed eradication services. If additional privately-held properties require treatment, staff will seek City Council approval for additional right of entry permit(s) before any such treatment takes place. The majority of the Ward's weed eradication services under the MOU will be provided on privately-held preserve lands. The Ca lifornia Legislature is constitutionally prohibited from the making a gift of public funds "to any individual, municipal or other corporation whatever .... " Cal. Const. art. XVI,§ 6. To avoid a gift of public funds, the cit y should not expend public funds that benefit a private party unless the city receives adequate consideration in exchange or the expenditure serves a public purpose. The determination of what constitutes a public purpose is liberally construed and falls primarily to the City Council's discretion. The City Council must only show it had a reasonable basis for determining that a public purpose exists. San Bernardino County Flood Control District v. Grabowski, 205 Cal. App. 3d 885, 903 (1988). Although the Ward's weed eradication program will directly benefit private parties, quick coordinated action is necessary to successfully treat, contain and eradicate this invasive Oct. 8, 2019 Item #1 Page 5 of 50 species. As further described in this Staff Report, inaction would permit Ward's weed to spread and threaten valuable city resources, such as the city's HMP lands, with potentially irreversible impacts. Accordingly, the City Council should have a reasonable basis for determining that the expenditure of city funds for the Ward's weed eradication program serves a public purpose. Agreement with ACS Habitat Management Staff recommends that City Council authorize the execution of a sole source agreement with ACS Habitat Management to implement the MOU, in an amount not to exceed $200,000 for an initial t erm of two years. Staff recommends executing a sole source agreement under Carlsbad Municipal Code (CMC) sections 3.28.110, for the reasons described in Exhibit 4. City Council approval is necessa ry under CMC section because the services agreement is anticipated to exceed $100,000 per agreement year. ACS Habitat Management has been working with County AWM and CNLM to control Ward's weed and other non-native species in Carlsbad and throughout San Diego County for more than 10 years. They have extensive experience controlling Ward's weed using the most effective methods based on trial and error locally, and field trials in Australia. ACS Habitat Management is equipped to handle the scale of the work, steep topography of the site, environmental sensitivity (protected habitat), and use of specialized equipment. Fiscal Analysis The initial term of the ACS Habitat Management contract will be two years with the option to amend the contract to extend it for up to 3 additional one-year periods, up to $100,000 per year. There are adequate budgetary savings in fiscal year 2018-19 from the Environmental Management Department Operating Budget for the $200,000 appropriation. These budgetary savings are requested to be carried forward from the fiscal year 2018-19 Environmental Management Department Operating Budget to the fiscal year 2019-20 Environmental Management Department Operating Budget to fund this appropriation. Staff will not issue a notice to proceed to ACS Habitat Management until after the effective date of the MOU. Next Steps • Execution of the MOU for the Ward's Weed Eradication Program. • Execution of an Agreement with ACS Habitat Management to perform Ward's weed control. • Execute right of entry permits for Bressi Ranch Preserve, Bressi Spectrum Preserve, and Rancho Carrillo Preserve. • Kickoff meeting with the Nature Co llective, Co unty AWM, CNLM, and the city to identify areas in order of treatment priority. Regular communication among this group will ensure a coordinated effort. • Initial treatment under the MOU throughout the infested area in Carlsbad just before the first rains of the season begin in 2019, based on weather forecast (expected to be in November or December). Oct. 8, 2019 Item #1 Page 6 of 50 • . Follow-up re-treatments will be conducted as needed during the remainder of the 2019- 2020 growing season under the terms of the MOU. Environmental Evaluation (CEQA) The project is exempt from the California Environmental Quality Act (CEQA) per state CEQA Guidelines Section 15307 -Actions by regulatory agencies for protection of natural resources and Section 15304 -Minor alterations to land. A Notice of Exemption will be filed in the office of the San Diego County Clerk upon approval. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution 2. Map of area infested with Ward's weed in Carlsbad 3. Letters of support 4. Sole Source Justification Oct. 8, 2019 Item #1 Page 7 of 50 RESOLUTION NO. 2019-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING FOR A WARD'S WEED ERADICATION PROGRAM BETWEEN THE CITY OF CARLSBAD, NATURE COLLECTIVE, COUNTY OF SAN DIEGO, AND CENTER FOR NATURAL LANDS MANAGEMENT AND TAKING RELATED ACTIONS TO IMPLEMENT THE PROGRAM. WHEREAS, the City Council of the City of Carlsbad has determined that protecting the city's open space and the natural environment is one of the core values identified in Carlsbad's Community Vision; and WHEREAS, Ward's weed is a highly invasive non-native plant that threatens native habitats, protected plant and animal species, recreation areas and agricultural areas; and WHEREAS, Ward's weed was first discovered in Carlsbad in 2008, which was the first recorded discovery in North America, and is now known to have spread to approximately 200 acres of habitat within the city's Habitat Management Plan (HMP) preserve; and WHEREAS, investing in early and aggressive control of this species will save the city a significant amount of resources in the future; and WHEREAS, staff has partnered with the County of San Diego, Nature Collective, and Center for Natural Lands Management to identify sources of funding for Ward's weed eradication, develop an effective treatment protocol, and develop best management practices; and WHEREAS, Nature Collective, San Diego County, and Center for Natural Lands Management have identified approximately $200,000 from grants and other sources for Ward's weed eradication services in the City of Carlsbad; and WHEREAS, the proposed Memorandum of Understanding (MOU) made between the City of Carlsbad, the County of San Diego, Nature Collective and the Center for Natural Lands Management will formalize each party's obligations regarding funding, treatment prioritization, treatment areas, schedule and coordination efforts; and WHEREAS, to fulfill its commitment under the MOU, the city would provide Ward's weed eradication services through a proposed sole source agreement with ACS Habitat Management, which has extensive specialized experience treating Ward's weed; and WHEREAS, there are adequate budgetary savings in the fiscal year 2018-19 Environmental Management Department Operating Budget for a $200,000 carry-over appropriation to the fiscal year Oct. 8, 2019 Item #1 Page 8 of 50 2019-20 Environmental Management Department Operating Budget, for purposes of funding the proposed ACS Habitat Management agreement; and WHEREAS, the majority of the known Ward's weed infestation is on privately-owned preserve lands within the Bressi Ranch Preserve, Bressi Spectrum Preserve and Rancho Carrillo Preserve, and the city will execute right of entry permits with the affected private property owners prior to performing eradication services on those properties; and WHEREAS, the City Council of the City of Carlsbad finds that the dedication of public resources to perform the Ward's weed eradication services on such privately-owned preserve lands serves the public purpose of protecting the city's native habitats, protected plant and animal species, recreation areas and agricultural areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager, or designee, is hereby authorized and directed to execute the I Memorandum of Understanding between the City of Carlsbad, Nature Collective, San Diego County and Center for Natural Lands Management for a Ward's weed eradication program, attached hereto as Attachment A. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement with ACS Habitat Management to provide Ward's weed eradication services, in an amount not to exceed $200,000 for the initial two-year term, attached hereto as Attachment B. 4. That the City Manager, or designee, is hereby authorized to execute amendments to extend the ACS Habitat Management agreement for up to three additional one-year terms or parts thereof, in an amount not to exceed $100,000 per each additional one- year term. 5. That the deputy city manager, administrative services branch, is hereby authorized to carry-over and appropriate budgetary savings of $200,000 from the FY 2018-19 Environmental Management Department Operating Budget to the FY 2019-20 Environmental Management Department Operating Budget, to fund the ACS Habitat Management agreement. Oct. 8, 2019 Item #1 Page 9 of 50 6. That the City Manager, or designee, is hereby authorized to execute Right of Entry Permits related to the Ward's weed eradication program, attached hereto as Attachment C. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of October 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. NAYS: None. ABSENT: None. (SEAL) Oct. 8, 2019 Item #1 Page 10 of 50 ATTACHMENT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSB~D, THE COUNTY OF SAN DIEGO, THE NATURE COLLECTIVE, ANDTHE'CENTER FOR NATURAL LANDS MANAGEMENT FOR THE WARD'S WEED ERADICATION PROGRAM This Memorandum of Understanding (MOU) is made and entered into on ____ __, 2019 by and among the City of Carlsbad, the County of San Diego, the Nature Collective (formerly the San Elijo Lagoon Conservancy) and the Center for Natural Lands Management (individually Party and collectively Parties). RECITALS A. Ward's weed is a highly invasive non-native plant that threatens native habitats, protected plant and animal species, recreation and agricultural areas, and increases the wildfire fuel load. Local and state agencies recognize Ward's weed as a high priority for eradication. B. Ward's weed was first discovered in North America on the Rancho La Costa Preserve in the City of Carlsbad in 2008. It has since been found in approximately 200 acres of habitat within the City of Carlsbad's Habitat Management Plan (HMP) preserve. Ward's weed has been found at three other locations in San Diego County, however 90% of the known infestation is in the City of Carlsbad. C. Infested areas in the City of Carlsbad, as more particularly described in Attachment A, include nine acres of land managed by the Center for Natural Lands Management and approximately five acres on City-maintained areas (Alga Norte Park landscaping and two City trail easements). The remaining infestation, approximately 186 acres, is on unmanaged HMP preserve land owned by a homeowners' associations and business associations. D. Local agencies and stakeholders, including the City of Carlsbad, the County of San Diego, the Nature Collective, and Center for Natural Lands Management, have identified effective treatment methods and best management practices, provided educational outreach to affected groups, and developed a proposed Ward's weed eradication program for the infested areas in the City of Carlsbad. E. The Parties have identified the application of a pre-emergent herbicide, Gallery SC, which stops the Ward's weed seeds from germinating and prevents future seed production, as the best method to eradicate this species (the Eradication Services). For the pre-emergent herbicide to work properly, it must be applied not long before the first measurable rainfall of the season, which may occur as early as November 1. F. The Parties have entered into, or will enter into, separate contracts with a contractor to perform Eradication Services during Fiscal Years 2019-2021 (the Contracts), in the following Oct. 8, 2019 Item #1 Page 11 of 50 October 9th estimated amounts: City of Carlsbad ($200,000}; the Nature Collective ($100,000}; and Center for Natural Lands Management ($10,000}. Grant funding obtained by the County of San Diego ($82,400) will be used by County staff to perform ward's weed eradication activities, and approximately $1,600 will be provided by Center for Natural Lands Management for in-kind staff time. G. The Parties agree that coordinated, aggressive control of this species will save a significant amount of resources in the future. The Parties desire to execute this MOU to define the terms and conditions under which the Parties will coordinate and prioritize activities, amongst themselves and with ACS under the Contracts, to prevent the introduction, establishment and spread of Ward's weed within the City of Carlsbad. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: AGREEMENT A. Prior to November 1, 2019, each Party shall execute and secure funding for their respective agreement for the Eradication Services within the City of Carlsbad for the period of two years (2019-2021). The amounts for the contracts are estimated as follows: the County of San Diego ($82,400); the Nature Collective ($100,000}, the City of Carlsbad ($200,000); and the Center for Natural Lands Management ($10,000). B. Each Party's contract shall provide Eradication Services in the City of Carlsbad that allows for a treatment protocol using Gallery SC, a pre-emergent used in native habitat landscapes for Ward's weed control. Each Party shall be responsible for their respective contractual requirements, including but not limited to the payment of contract costs and providing direction to their contractor(s) under their respective contracts. C. Each Party shall be responsible for obtaining any necessary permissions to access private property within the infestation area of the City of Carlsbad, for purposes of providing the Eradication Services. D. Prior to November 1, 2019, the Parties and their contractors will meet to discuss current conditions, prioritize treatment areas for the Eradication Services, develop a treatment schedule, and finalize any other necessary program details to treat Ward's weed in the City of carlsbad during the upcoming growing season (generally, November 2019 -June, 2020). The Parties agree to use a mutually agreed upon adaptive management strategy, which may require future adjustments to the treatment methods, prioritization of treatment areas, and treatment schedule based on factors such as new data, weather, site conditions, and regular coordination. E. The Parties agree that the "treatment area" will include the known area of infestation in Carlsbad, as further described on Attachment A. Currently (August 2019), the mapped Oct. 8, 2019 Item #1 Page 12 of 50 infestation area is between El Camino Real and the eastern border of the city, and between Palomar Airport Road and Alga Road. This treatment area may expand if additional areas are found to be infested in the City of Carlsbad. F. The Parties acknowledge that contract contributions from each Party will be as follows during the term of this MOU: (1) the Center for Natural Lands Management's contract will only be used to provide treatment within areas owned and managed by the Center for Natural Lands Management, as further depicted in Attachment A; (2) the County of San Diego's contract will be used within open space areas south of Poinsettia Lane, areas north of Poinsettia Lane that are owned by Rancho Carrillo Master Association, and a portion of the open space owned by Bressi Spectrum, as further depicted in Attachment A; and (3) the contracts for the Nature Collective and the City of Carlsbad will be used for initial treatments within the Bressi Ranch and Bressi Spectrum open space areas (which may include both preserve and adjacent fuel modification areas), as further depicted in Attachment A. The contracts for the Nature Collective and the City of Carlsbad may also be used to re-treat areas throughout all areas if surplus funds remain. If there is insufficient contract capacity to treat the entire treatment area initially, or to re-treat all areas in need of follow-up treatment, the Parties shall mutually agree on re-prioritization of treatment areas. G. This MOU may be revised as necessary by mutual consent of the Parties, through a written amendment executed by all Parties. H. This MOU in no way restricts any Party from participation in similar agreements and/or activities with other public or private entities. I. This MOU shall be effective upon execution by the City of Carlsbad and the Nature Collective (Effective Date) and, unless otherwise amended, expires two (2) years after the Effective Date. Any Party may terminate their participation in this MOU by providing 60 days' written notice to the other Parties of its desire to withdraw from the MOU. If such notice is given, the MOU shall continue to be binding on the Parties who have not formally withdrawn. J. Notwithstanding any other provision herein, the Parties acknowledge that the County of San Diego and the Center for Natural Lands Management may not execute this MOU concurrently with the City of Carlsbad and the Nature Collective. If either the County of San Diego or the Center for Natural lands Management execute the MOU at this later date, that Party may join the MOU without need for further approval by the other Parties. K. All obligations of the City of Carlsbad and the County of San Diego under the terms of this MOU are subject to the appropriation of the required resources by the City Council of the City of Carlsbad and the Board of Supervisors of the County of San Diego, respectively. Oct. 8, 2019 Item #1 Page 13 of 50 L. Each Party shall perform its·responsibilities and activities described herein as an independent party and not as an officer, agent, servant, or employee of any of the other Parties hereto. Each Party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the Parties. M. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the Parties to third parties. N. Any notice required under this MOU may be personally served on the other Parties, by the Party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: City of Carlsbad Attn: Rosanne Humphrey 1635 Faraday Avenue Carlsbad, CA 92008 County of San Diego Attn: Ha Dang Dept. of Agriculture, Weights and Measures 9325 Hazard Way Suite 100 San Diego, CA 92123 Nature Collective Attn: Doug Gibson P.O. Box 230634 Encinitas, CA 92023 Center for Natural Lands Management Attn: Isabella Gelmi 27258 Via lndustria, Suite B Temecula, CA 92590 0. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each Party has signed one such counterpart. P. All terms, conditions, and provisions of this MOU shall inure to and shall bind each of the Parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. Q. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in the County of San Diego, State of California. Oct. 8, 2019 Item #1 Page 14 of 50 City of Carlsbad APPROVED AS TO FORM: City of Carlsbad Doug Gibson, Executive Director The Nature Collective Ha Dang, Agricultural Commissioner San Diego County APPROVED AS TO FORM: Legal Counsel San Diego County Isabella Gelmi, Corporate Secretary Center for Natural Lands Management Oct. 8, 2019 lo/ey /I 1 Date Date Date Date Date Item #1 Page 15 of 50 IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the dates written below. Scott Chadwick, City Manager City of Carlsbad APPROVED AS TO FORM: Amanda Guy, Deputy City Attorney City of Carlsbad The Nature Collective Ha Dang, Agricultural Commissioner San Diego County APPROVED AS TO FORM: Legal Counsel San Diego County Isabella Gelmi Center for Natural Lands Management Oct. 8, 2019 Date Date Date Date Date Date Item #1 Page 16 of 50 IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the dates written below. Scott Chadwick, City Manager City of Carlsbad APPROVED AS TO FORM: Amanda Guy, Deputy City Attorney City of Carlsbad Doug Gibson, Executive Director The Nature Collective Ha Dang, Agricultural Commissioner San Diego County APPROVED AS TO FORM: Legal Counsel San Diego County Isabella Gelmi, Corporate Secretary Center for Natural Lands Management Oct. 8, 2019 Date Date Date Date Date 9/23/2019 Date Item #1 Page 17 of SO Oct. 8, 2019Item #1 Page 18 of 50A :: C HMP Preseive ~ Ward's Weed Infestation Ward's Weed Infestation and Treatment Areas (' L, s. .q ,r Center for Natural Lands Management (CNLM) Nature Collective and City of Carlsbad n, County Dept of Agriculture, Weights and Measures '1 Attachment A r r ., i': ~ p Q 2.000 ~E------3~~~~::::====;:;;E------3~~~~;:===jl Feel PSA20-895ENV AGREEMENT FOR WARD'S WEED ERADICATION SERVICES ACS HABITAT MANAGEMENT, INC. ylilS AGREEMENT is made and entered into as of the 9 -tL day of C:L ~ , 2019, by and between the City of Carlsbad, a municipal corporation, ("City"), and ACS Habitat Management, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a habitat management company that is experienced in Ward's weed eradication. B. Contractor has the necessary experience in providing professional services and advice related to Ward's weed eradication services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred thousand dollars ($200,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 Oct. 8, 2019 Item #1 Page 19 of 50 PSA20-895ENV 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 Oct. 8, 2019 Item #1 Page 20 of 50 PSA20-895ENV in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 Oct. 8, 2019 Item #1 Page 21 of 50 PSA20-895ENV 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Rosanne Humphrey Title Senior Program Manager PW -Environmental Department _M__...g_m_t. _______ _ City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4689 For Contractor Name Graydon Dill Title Project Manager Address 4011 Avenida de la Plata Ste 310 Oceanside, CA 92056 Phone No. 760-681-9193 Email graydond@acshabitat.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. Ill Ill City Attorney Approved Version 6/12/18 4 Oct. 8, 2019 Item #1 Page 22 of 50 PSA20-895ENV 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No [R] 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 Oct. 8, 2019 Item #1 Page 23 of 50 PSA20-895ENV under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 Oct. 8, 2019 Item #1 Page 24 of 50 PSA20-895ENV 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR ACS Habitat Management, Inc., a California corporation By: (sign here) f/rl1 D,,io,,-,lf'rr5 /2 £o (print namefotle) 7 By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group 8 Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 7 Oct. 8, 2019 Item #1 Page 25 of 50 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attacl1ed, ancl not the trut11fulness, accuracy, or validity of that document. State of CaliforniiJ } County of _s~~~t,:> __ ~:0~'~£'..~c:c-~o ______ _ On Oc..t-2, 20,~ Date before me, :=t"Pe,1.0 '\JEtJ£<::, ~ "> Here Insert Name and Title of the Officer personally appeared ______ 6_0._E:'_<c:--___ O_,._,,~~0=,e..~i ________________ _ Name(s) of Signer(s) who proved to me on the biJsis of satisfactory evidence to be the person(:,{whose namerzl"@are subscribed to the within instrument and acknowledged to me that@she/they execu'ted the same il~/her/their authorized capacity(~ and that by~er/their signature(s~ the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public -California ~ i -r,; San Diego County ~ z · ,. Commission# 2160283 =: t ~•:o•~'·" .Mz soTrz· zxeir:sJ~ :J,}~2~ Place Notary Seal anci/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign~ ;;i::L/ - Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ~:('O\(.n,t--::Ji;,...-(.J,q.yz.n•~ W~E'O £.,.~o,f., c.~l-b"' Document Date: ______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: --------------·----------- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): _______ _ □ Corporate Officer -Title(s): _______ _ □ Partne1· -□ Limited □ General □ Partner --□ Limited o General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other □ Other Signer is Representing: _________ _ Signer is Representing: _________ _ 2017 NationiJI Notary Associc1tion Ml304-09 (09/17) Oct. 8, 2019 Item #1 Page 26 of 50 Exhibit "A" Scope of Work Ward's Weed Eradication Services ACS Habitat Management, Inc. PSA20-895ENV Anticipated Start Date: November 1, 2019 Anticipated End Date: October 31, 2024 (drought conditions may necessitate postponement of treatment to the following year or two). Treatment Area: Initial treatment will be focused north of Poinsettia Lane in the Bressi Ranch Preserve and Spectrum Preserve areas, which totals approximately 144 acres (see attached map, Exhibit "C"). Note that this may include large areas of heavy shrub cover that has not been invaded by Ward's weed or is not accessible to field crews; therefore, actual acreage treated will depend on site conditions to be determined. Subsequent re-treatments may be conducted within the highest priority area across the entire invaded are, which spans approximately 200 acres. The current mapped infestation area is between El Camino Real and the eastern border of the city, and between Palomar Airport Road and Alga Road. The City of Carlsbad's [city] prioritization of treatment areas will be conducted in coordination with the Carlsbad Ward's Weed Eradication Team (city, County Department of Agriculture, Weights and Measures [AWM], the Nature Collective, and Center for Natural Lands Management [CNLM]). ACS Habitat Management (ACS) will provide services under this Agreement pursuant to the city's direction. Cost: The city will be charged by crew day on a time and materials basis, not to exceed $200,000 per the original term of the Agreement. One crew daily rate would be approximately $4,895, which includes equipment/vehicle(s) driver/supervisor, four technicians, and sufficient amount of herbicide for the daily planned treatment area (see Rate Sheet, see Exhibit "B''). It is estimated that each ACS crew could cover an average of approximately 2.2 acres per day. Actual costs and number of acres treated per day may vary depending on site conditions and number of crew, type of equipment, and amount of herbicide needed for a given day. ACS will provide one to three crews per day. Description of Activities A. Within one week from issuance of the Notice to Proceed, ACS will meet with city staff and the Carlsbad Ward's Weed Eradication Team to discuss current conditions and develop a coordinated plan to treat the Ward's weed in Carlsbad during the upcoming growing season. Thereafter, ACS will communicate at least weekly with the city to discuss current site conditions, potential issues and constraints, and the treatment plan (schedule, location, priorities, etc.) for the upcoming week. ACS will perform daily Ward's weed treatment until the initial treatment area (Bressi Ranch and Spectrum Preserves north of Poinsettia Lane) has been completely treated, unless otherwise directed by the city. Weekly communication will continue throughout the growing season or until the funds in the contract have been spent. If there are any remaining funds at the end of the first year, ACS will follow the same meeting/communication schedule discussed above during the second and third year. B. To expedite treatment of the extensive Ward's weed area, ACS crews may work more than 8 hours/day, and/or on weekends or holidays. C. The current treatment protocol consists of treating infested areas with Gallery™, a pre- emergent that has been used in native habitat landscapes for Ward's weed control with good success. Follow up treatment in areas that were missed by the initial treatment effort may be necessary. One crew would generally consist of a crew truck (with trailer for City Attorney Approved Version 6/12/18 8 Oct. 8, 2019 Item #1 Page 27 of 50 PSA20-895ENV tractor), a tractor with a power sprayer and/or a boom and operator, a water truck and driver/supervisor, four technicians, and sufficient amount of Gallery TM for the daily planned treatment area. However, the actual number of technicians and equipment may vary depending on site conditions. All herbicide and necessary equipment will be provided by ACS. D. ACS will perform the Ward's weed treatment activities on private property, subject to right of entry permits between the city and landowner, which will be obtained by the city. ACS will adhere to all provisions contained within the right of entry permits. E. ACS will follow all necessary best management practices related to health and safety, and stormwater protection during all pesticide application activities pursuant to the following State of California licenses or certificates held by ACS: Pest Control Advisor, Qualified Applicator License, and Qualified Applicator Certificate. F. Ward's weed eradication will be implemented using an adaptive management strategy upon direction from the city and in coordination with the Ward's Weed Eradication Team; therefore, prioritization of treatment areas, herbicide use, and schedule may be subject to change based on best available knowledge, weather, and site conditions. G. With every invoice submitted, ACS will include a summary of activities performed, including labor hours/labor rate, areas treated (shown on a map), amount of herbicide used, and issues encountered. Invoices will be submitted monthly or as directed by the city. City Attorney Approved Version 6/12/18 9 Oct. 8, 2019 Item #1 Page 28 of 50 PSA20-895ENV Exhibit "B" Invasive species control activities to eradicate Ward's weed in Carlsbad will be charged by crew day. Rates for a standard crew day, including labor, materials and equipment are included in the table below. Note that actual costs may vary depending on site conditions on any given day (i.e., the number of crew members, type of equipment, and amount of herbicide) and additional crews may be mobilized as needed and in coordination with the city. Rate $80.00 $50.00 $75.00 $300.00 $500.00 $600.00 Item Tractor Tech Water Crew Water Tractor Herbicide Operator/ Truck Truck Truck Supervisor Operator Quantity 1 4 1 1 1 1 Hours/Day 9 36 9 n/a n/a n/a n/a AmounUDay $720.00 $1,800.00 $675.00 $300.00 $500.00 $600.00 $300.00 Total: $4,895.00 City Attorney Approved Version 6/12/18 10 Oct. 8, 2019 Item #1 Page 29 of 50 1 Al po I Rd P-'~ '1' ~ ~ ;. u :5 --~~.1:S.11:<-:: < r.:_ 0 u ,.ton W::,,y ::; C Garden It, c,,.,. i .. ~ ~-100,.~.,, •-.,~ fl ..,,pt'\-'lr Av,, .. HMP Preserve (2223 Ward's Weed Infestation Ward's Weed Infestation and Treatment Areas ,. IQ,. c? ~11,, C .,. Center for Nalural Lands Management (CNLM) Nature Collective and City of Carlsbad County Dept of Agricullure, Weighls and Measures PSA20-895ENV - Exhibit "C" .. ::,, 0 E-----3 E-----3 2.000 lFeet "0 .,,. ~ "' t, :SI~ ~ ~'o ~"""dPI _, "' " 1/J j I!, Cl S' Oct. 8, 2019Item #1 Page 30 of 50 Attachment C Right of Entry Permits Oct. 8, 2019 Item #1 Page 31 of 50 ( City of Carlsbad RIGHT OF ENTRY AUTHORIZATION Property Owner/Agent Bressi Gardenlane LLC 2 13122 15,21312104,2 APN 1312105,21303018, 2013 120090 Property Location/Address ___________ _ Mailing Address 15131 Alton Parkway, Suite 365 Andrew Han-LENNAR Contact Information 949-349-8234 andrew.han@lennar.com City, Zip Code Carlsbad, CA 92009 City, Zip Code Irvine, CA 92618 The above-listed Property Owner, Authorized Representative Agent or Operator of Property ("Owner") hereby permits the City of Carlsbad, its officers, employees, and agents ("City"), to enter upon Owner's property ("Premises") located as listed above, subject to all licenses, easements, encumbrances, and claims of title affecting the Premises and upon the following terms and conditions: 1. Grant of Right-of-Entry. Owner hereby grants City a right-of-entry ("Permit") over the Premises to ingress to and egress from the Premises to conduct land management activities that fulfill the overall purpose of the City's Habitat Management Plan, which may include but are not limited to biological surveys, vegetation mapping, trash removal, habitat enhancement or restoration, and invasive species control. Invasive species control methods will include the least toxic methods that are effective in treating the target species, and may include hand pulling, weed whipping, digging, or use of organic or non-organic herbicides. City will use and apply herbicides in accordance with the instructions on the herbicide label and _in accordance with all applicable state and county laws and regulations. Herbicides will only be applied by applicators licensed by the State of California. All activities are subject to the terms and conditions set forth in this Permit and shall be performed in the City's sole discretion. Entry to the Premises will be by means of existing roads and driveways, where available, and by other means mutually agreed to by both parties when roads and driveways are not available. 2. No Implied Easement. Nothing in this Permit shall be construed to grant City an easement by implication, prescription, or any other operation of law. 3. Term. This Permit shall become effective upon execution hereof by both parties and shall terminate only upon written agreement of the parties. 4. Compliance with Laws. In conducting its operations on the Premises, City shall comply, at City's expense, with all applicable laws, regulations, rules, and orders, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and shall furnish satisfactory evidence of such compliance upon request of Owner: 5. Waiver of Liability. In consideration of the City's land management activities on the Premises at no cost to Owner, Owner hereby waives, releases and forever discharges any and all rights and claims for damages, injuries, expenses or costs of any kind which Owner has now or may acquire in the future that are directly or indirectly related to the work described above, against the City and its agents, officials, employees, volunteers and contractors. Oct. 8, 2019 Item #1 Page 32 of 50 ~ityof Carlsbad 6. Costs. The work described above shall be done at the City's sole expense. Page2 o/2 7. Authority. Owner represents and warrants that it has full power and authority to execute and fully perform its obligations under this Permit pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this Permit on behalf of Owner are the duly designated agents of Owner and are authorized to do so, and that fee title to the Premises vests solely in Owner. 9. Entire Agreement. This Permit, together with any addenda, exhibits and riders attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 10. Modification. The provisions of this Permit may not be modified, except by a written instrument signed by both parties. 11. Partial Invalidity. If any provision of this Permit is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Permit shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. l' J. '" "} ,-, , I' IN WITNESS WHEREOF, both parties have executed this Permit effective as of , :t~ L, 1 -/ ':.2:u I f. \ i CITY: Scott Chadwick City Manager OWNER/AGENT(S): \}.__----. v=----. Owner/agent signature Owner/agent printed name Oct. 8, 2019 Item #1 Page 33 of 50 {city of Carlsbad RIGHT OF ENTRY AUTHORIZATION Property Owner/Agent MarWest Commercial Real Estate/ Bressi Spectrum Owner's Association APN 2218130100 Property Location/Address Melrose Dr and Poinsettia Lane Carlsbad,CA92009 Contact Paul Danninger Information Association Manager, MarWest 1049 Camino Del Mar Suite 12 . Del Mar, CA 92014 pdanninger@MarWestCommercial.com {858) 775-4917 The above-listed Property Owner, Authorized Representative Agent or Operator of Property ("Owner") hereby permits the City of Carlsbad, its officers, employees, and agents ("City"), to enter upon Owner's property ("Premises") located as listed above, subject to all licenses, easements, encumbrances, and claims of title affecting the Premises and upon the following terms and conditions: 1. Grant of Right-of-Entry. Owner hereby grants City a right-of-entry ("Permit") over the Premises to ingress to and egress from the Premises to conduct land management activities that fulfill the overall purpose of the City's Habitat Management Plan, which may include but are not limited to biological surveys, vegetat ion mapping, trash removal, habitat enhancement or restoration, and invasive species control. Invasive species control methods will include the least toxic methods that are effective in treating the target species, and may include hand pulling, weed whipping, digging, or use of organic or non-organic herbicides. City will use and apply herbicides in accordance with the instructions on the herbicide label and in accordance with all applicable state and county laws and regulations. Herbicides will only be applied by applicators licensed by the State of California. All activities are subject to the terms and conditions set forth in this Permit and shall be performed in the City's sole discretion. Entry to the Premises will be by means of existing roads and driveways, where available, and by other means mutually agreed to by both parties when roads and driveways are not available. 2. No Implied Easement. Nothing in this Permit shall be construed to grant City an easement by implication, prescription, or any other operation of law. 3. Term. This Permit shall become effective upon execution hereof by both parties and shall terminate only upon written agreement of the parties. 4. Compliance with Laws. In conducting its operations on the Premises, City shall comply, at City's expense, with all applicable laws, regulations, rules, and orders, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and shall furnish satisfactory evidence of such compliance upon request of Owner. 5. Waiver of Liability. In consideration of the City's land management activities on the Premises at no cost to Owner, Owner hereby waives, releases and forever discharges any and all rights and claims for damages, injuries, expenses or costs of any kind which Owner has now or may acquire in the future that are directly or indirectly related to the work described above, against the City and its agents, officials, employees, volunteers and contractors. Oct. 8, 2019 Item #1 Page 34 of 50 {city of Carlsbad Page 2 of 2 6. Costs. The work described above shall be done at the City's sole expense. 7. Authority. Owner represents and warrants that it has full power and authority to execute and fully perform its obligations under this Permit pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this Permit on behalf of Owner are the duly designated agents of Owner and are authorized to do so, and that fee title to the Premises vests solely in Owner. 9. Entire Agreement. This Permit, together with any addenda, exhibits and riders attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 10. Modification. The provisions of this Permit may not be modified, except by a written instrument signed by both parties. 11. Partial Invalidity. If any provision of this Permit is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Permit shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, both parties have executed this Permit effective as of {zJ . 9 , ,j-[,) J 1 . CITY: OWNER/ AGENT(S): ARLSBAD, a municipal n in the County of San Diego, By: _Cole Buchner ____________ _ Owner/agent printed name Oct. 8, 2019 Item #1 Page 35 of 50 {city of Carlsbad RIGHT OF ENTRY AUTHORIZATION Property Owner/Agent Rancho Carrillo Master Association 22261022,22261226,22260014, 22182346,22260005,22260003, APN 22266226, 22266029, 22265022, 22266119,22262131,22267308, 22267118,22268202,22267002, 22185132,22185140,22186301, Property Location/Address Near Poinsettia Lane & Melrose Dr. Mailing Address 6250 Flying L. C. lane Jackie Jimenez Property Manager Contact Information jiimenez@waltersmanagement.com 760-804-5969 City, Zip Code Carlsbad, CA 92009 City, Zip Code Carlsbad, CA 92009 The above-listed Property Owner, Authorized Representative Agent or Operator of Property ("Owner") hereby permits the City of Carlsbad, its officers, employees, and agents ("City"), to enter upon Owner's property ("Premises") located as listed above, subject to all licenses, easements, encumbrances, and claims of title affecting the Premises and upon the following terms and conditions: 1. Grant of Right-of-Entry. Owner hereby grants City a right-of-entry ("Permit") over the Premises to ingress to and egress from the Premises to conduct land management activities that fulfill the overall purpose of the City's Habitat Management Plan, which may include but are not limited to biological surveys, vegetation mapping, trash removal, habitat enhancement or restoration, and invasive species control. Invasive species control methods will include the least toxic methods that are effective in treating the target species, and may include hand pulling, weed whipping, digging, or use of organic or non-organic herbicides. City will use and apply herbicides in accordance with the instructions on the herbicide label and in accordance with all applicable state and county laws and regulations. Herbicides will only be applied by applicators licensed by the State of California. All activities are subject to the terms and conditions set forth in this Permit and shall be performed in the City's sole discretion. Entry to the Premises will be by means of existing roads and driveways, where available, and by other means mutually agreed to by both parties when roads and driveways are not available. 2. No Implied Easement. Nothing in this Permit shall be construed to grant City an easement by implication, prescription, or any other operation of law. 3. Term. This Permit shall become effective upon execution hereof by both parties and shall terminate only upon written agreement of the parties. 4. Compliance with Laws. In conducting its operations on the Premises, City shall comply, at City's expense, with all applicable laws, regulations, rules, and orders, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and shall furnish satisfactory evidence of such compliance upon request of Owner. 5. Waiver of Liability. In consideration of the City's land management activities on the Premises at no cost to Owner, Owner hereby waives, releases and forever discharges any and all rights and claims Oct. 8, 2019 Item #1 Page 36 of 50 {city of Carlsbad Pagel of 2 for damages, injuries, expenses or costs of any kind which Owner has now or may acquire in the future that are directly or indirectly related to the work described above, against the City and its agents, officials, employees, volunteers and contractors. 6. Costs. The work described above shall be done at the City's sole expense. 7. Authority. Owner represents and warrants that it has full power and authority to execute and fully perform its obligations under this Permit pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this Permit on behalf of Owner are the duly designated agents of Owner and are authorized to do so, and that fee title to the Premises vests solely in Owner. 9. Entire Agreement. This Permit, together with any addenda, exhibits and riders attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 10. Modification. The provisions of this Permit may not be modified, except by a written instrument signed by both parties. 11. Partial Invalidity. If any provision of this Permit is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Permit shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, both parties have executed this Permit effective as of r.J(' .1\ Cj _ ~)()/ ,:} ) CITY: RLSBAD, a municipal n in the County of San Diego, By: City Manager Owner OWNER/AGENT(S): Oct. 8, 2019 Item #1 Page 37 of 50 Ct L a: 0 u ~1011Way Garden It o..,. (0 t 1111 HMP Preserve ~ Ward's Weed Infestation Ward's Weed Infestation and Treatment Areas Center for Natural Lands Management (CNLM) Nature Collective and City of Carlsbad County Dept of Agriculture, Weights and Measures 0 on;i .. E------3 2,000 !Feet Exhibit 2 Oct. 8, 2019Item #1 Page 38 of 50 Letters of Support (attached} EXHIBIT 3 Oct. 8, 2019 Item #1 Page 39 of 50 Center for Natural Lands Management A non-profit organization for the protection and management of natural resources August27,2019 27258 Via lndustria, Suite B Temecula, CA 92590•3751 Phone: 760.731.7790 Fax: 760.731.7791 www.cnlm.org Honorable Mayor Hall and Members of the City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Support for Funding Ward's Weed Eradication Dear Esteemed Council Members: The Center for Natural Lands Management owns and manages the 1,800 acre Rancho La Costa Habitat Conservation Area (HCA), which was set aside for the protection of endangered species and habitat in the City of Carlsbad as part of the La Costa Villages Development. There are many sensitive, threatened, and endangered plant and animal species that reside on the HCA, including the coastal California gnatcatcher (Po/ioptila californica californica) and thread-leaved brodiaea (Brodiaea filifolia). One of the greatest threats to the habitat and species is the invasive, non-native plant, Ward's ·weed (Carrichtera annua), which was identified on the HCA in 2008. The first infestation of this plant in the United States was found on this HCA, and CNLM has experimented with a variety of methods over the years to determine the most cost- and control-effective treatment methods. The plant is insipid, and forms a dense mat of plants, growing in both bare ground and open habitat, creating overwhelming competition for native species. It germinates and produces thousands of seed even after modest rain events, having an exceptional growing period between November and June. Seed are easily spread by any disturbance of human or wildlife species that come in contact with them due to their barbs that lock into fabric or fur, as well as bury into soil and shoes. Ward's weed has been discovered in multiple locations surrounding the HCA, likely spread through infested machinery or transported inadvertently through worker contact, and needs to be contained. Australia provides us with the case of why active control is urgent in Carlsbad (Dixon 20121). The plant was discovered in a small location in the country the early 1900s, and has since wreaked havoc on native biodiversity across all regions. There is active research in Australia which provides support to the methods which have been applied at the HCA, and will be encouraged throughout all the infested lands in Carlsbad. The California Department of Food and Agriculture has rated this a highly noxious and invasive weed, and it is a huge priority for containment by the San Diego Agricultural 1Dixon, Bob. Control of wards weed (Carrichtera annua) on rare species trans location sites at Westonia in the eastern wheatbelt of Western Australia. Eighteenth Australasian Weeds Conference. May 2012. Oct. 8, 2019 Item #1 Page 40 of 50 Weights and Measures. The San Diego Management and Monitoring Program has recently prioritized this species for removal, and are actively engaging in funding for treating the species. Over the last ten years, CNLM has invested tens of thousands of dollars in the control of ward's weed, collaborating with various San Diego agencies and funders to accomplish this work. CNLM has tried various herbicides (including lsoxaben, Chlorsulfuron, and Glyphosate), and spent hundreds of hours hand-pulling the plant as well. However, learning from Australia and attempting trials in the US, we have determined that the most effective control method is to use Gallery, a pre-emergent herbicide that kills the plant roots before it germinates. This herbicide allows native shrubs and grasses to persist and thrive, meanwhile inhibiting the growth of the competitive Ward's weed in and among the habitat. It eliminates the need for time- consuming and expensive follow-up treatments which require additional soil disturbance and create the potential to transport the plant in clothing and soil. CNLM will be spending ~$15,000 in the coming winter and spring to treat the species. We have made significant progress at reducing this species on our HCA, but there is a Carlsbad-wide need to fund the species removal on lands adjacent to our HCA. CNLM encourages the City of Carlsbad to allocate funding to control ward's weed on lands adjacent to our HCA which are infested with Ward's weed. It is critical for regional invasive species removal efforts to make a thorough investment in this effort to make significant progress towards the eradication of this species, and your funding will be critical to that success. We are engaged as partners in this process in our commitment to protecting species and habitats, and interested in providing our expertise as well. Sincerely, Sarah Godfrey Preserve Manager 760-300-3187 sgodfrey@cn Im .org Oct. 8, 2019 Item #1 Page 41 of 50 September 10, 2019 Dear Mayor Hall and City Council Members, The San Diego Management and Monitoring Program (SDMMP), established in 2008, facilitates and assists the San Diego Association of Governments (SANDAG), local jurisdictions, wildlife agencies, and other regional stakeholders and land managers in the implementation of conservation management and monitoring within San Diego County. The SDMMP utilizes the requirements of the existing regional conservation plans in the region along with currently available research and best available land management practices to develop and implement regional strategies to conserve rare and sensitive plant and animal species and their habitats. One of SDMMP's core responsibilities is the development and implementation of the Management and Monitoring Strategic Plan (MSP Roadmap), which includes priorities for invasive non-native species control across over 200,000 acres of conserved lands throughout western San Diego County. The MSP roadmap identifies Ward's weed as a regionally high priority species for eradication. Ward's weed is a new invasive weed species identified in parts of San Diego County. The majority of this species is located in Carlsbad, but small populations have also been found in Camp Pendleton, Del Mar, and Olay. These are the only known infestations in North America. Similar to the tumbleweed or Sahara mustard, which have spread throughout the western U.S., Ward's weed can do the same if not eliminated. In Australia, it was determined that a single introduction of Ward's weed in 1915 eventually spread throughout the continent. Ward's weed can grow as a thick mat that chokes out all other surrounding plant species. Due to the extremely high seed count of up to 30,000 seeds per plant per year, this species can spread quickly, degrading sensitive native habitats, agricultural fields, and ornamental landscaping. SDMMP is participating in a multi-organization control effort to eradicate the current San Diego infestations. In Carlsbad, the organizations include the City of Carlsbad, County Department of Agriculture, Weights and Measures, the Nature Collective (formerly San Elijo Lagoon Conservancy), Center for Natural Lands Management, San Diego Habitat Conservancy, and SDMMP. These organizations are currently working together to fund and implement Ward's weed eradication in Carlsbad, including the Bressi Ranch area where the largest infestation of Ward's weed exists. Elsewhere in the county, County AWM crews are treating the weed in Del Mar Crest Reserve; the U.S. Marine Corps are treating the plants in Camp Pendleton, and the City of San Diego crews are treating the infestation at Robinhood Ridge in Otay. Applying Scif!nce to Conse,vation through Collaboration Oct. 8, 2019 Item #1 Page 42 of 50 SDMMP supports the efforts that the city has already made in coordinating with the organizations mentioned above; conducting outreach with Homeowner's Associations, Business Associations, landscaping companies, schools, the scientific community and the general public; and looking for funding partnerships. Over $200,000 in funding for Ward's weed eradication in Carlsbad has been obtained by a number of partners from several funding sources. SDMMP encourages the City of Carlsbad to match this funding so that the entire infestation in Carlsbad can be treated at the same time. If some areas are missed, the new plants in untreated areas would become seed sources for new infestations. This investment would reduce costs in the future by preventing the spread of Ward's weed which would result in large-scale degradation of the HMP preserve. Sincerely, ~~Y'~~ Dr. Kristine Preston Ecologist San Diego Management and Monitoring Program 4165 Spruance Road, San Diego, CA 92101 Applying Science to Conservation through Collaboration Oct. 8, 2019 Item #1 Page 43 of 50 • Nature Collective CONNECT. EXPERIENCE. PROTECT. September 11, 2019 Honorable Mayor Hall and Members of the City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Support for Ward's Weed Eradication Funding Dear Esteemed Council Members: I am writing this letter to express my full support of the Ward's Weed Eradication project w ithin the City of Carlsbad and encourage the City of Carlsbad to allocate funding to aid in implementing and coordinating activities necessary to prevent the introduction, establishment and spread of Ward's weed within the City of Carlsbad. Ward's weed is a highly invasive non-native plant that threatens native habitats, protected plant and animal species, recreation and agricultural areas, and increases the wildfire fuel load. Some of the many sensitive, threatened, and endangered plant and animal species confronted with the threat of Ward's weed within the City of Carlsbad include the coastal California gnatcatcher (Polioptila californica ca/ifornica) and thread-leaved brodiaea (Brodiaea fiJifolia). Ward's weed was first discovered on the Rancho la Costa Preserve in Carlsbad in 2008, making this the first record in North America. Since 2008, this plant has been found in approximately 200 acres of habitat within the Habitat Management Plan (HMP) preserve with in the City of Carlsbad. Ward's weed has since been observed at three other locations in San Diego County: however approximately 90% of the known infestation is located on unmanaged preserves in Carlsbad. To date, Ward's weed has not been found anywhere else in California or in the United States. Funding the Ward's Weed Eradication project will not only help control the spread across the City of Carlsbad, but this will help control the spread across San Diego County and beyond. Local and.state agencies recognize Ward's weed as a high priority for eradication. In response to this threat, the city has assembled a stakeholder group to coordinate eradication, including County AWM, the PO Box 230634 Encinitas, CA 92023-0634 I T 760.436.3944 I thenaturecollective.org 501(c)(3) Tax ID: 33-0358660 I Printed on recycled paper. Oct. 8, 2019 Item #1 Page 44 of 50 Nature Collective, Center for Natural Lands Management, San Diego Management and Monitoring Program, San Diego Habitat Conservancy, University of California Department of Agriculture and Natural Resources, and the City of San Diego. Through this stakeholder group, effective treatment methods and best management practices have been identified and educational outreach for landscaping companies, Home Owner's Associations (HOAs), Business Associations (BAs), land managers and the public have been initiated. It has been determined that a pre-emergent herbicide, which stops the seeds from germinating and preventing future seed production, is the best method to eradicate this annual species. Timing of herbicide application is absolutely critical, and the seasonal window for treatment is very narrow. Unlike most plants, which drop their seeds at the end of the season, Ward's weed retains seed pods on the plant after it dries up. The pods then burst open after t he first rains of the next wet season. For the preferred pre-emergent herbicide to work properly, it must be applied right before the first rain of the season. If it is applied too early, the herbicide will degrade and become ineffective. If it is applied too late (after rains), seeds could sprout and the herbicide would have limited effect. Rains can begin as early as November 1. Furthermore, sources of funding to support mapping and treatment in the infested area in the city of Carlsbad have been allocated, but the cost of controlling this invasive species continues to need further funding. Coordinated, aggressive control of this species will save a significant amount of resources in the future. It is critical for the City to support regional invasive species removal efforts in order to make progress towards eradication. Your support and funding will be critical to that success as we continue to engaged as partners in this process in our commitment to protect native habitats and species. Sincerely, Alys Arenas Restoration Ecologist Nature Collective (formerly the San Elijo Lagoon Conservancy) alys@thenaturecollective.org PO Box 230634 Encinitas, CA 92023-0634 I T 760.436.3944 I thenaturecollective.org 501(c)(3) Tax ID: 33-0358660 I Printed on recycled paper. Oct. 8, 2019 Item #1 Page 45 of 50 Exhibit 4 Sole Source Justification Oct. 8, 2019 Item #1 Page 46 of 50 September 10, 2019 Cheryl Gerhardt, Purchasing Officer Finance Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 (cicyof Carlsbad RE: Justification of Sole Source Contract with ACS Habitat Management The Habitat Management Division would like to request sole source authorization under Carlsbad Muncipal Code (CMC) Section 3.28.llO(N) to contract with ACS Habitat Management (ACS) for Ward's weed eradication services. Ward's weed is a highly invasive non-native plant that threatens native habitats, protected plant and animal species, recreation and agricultural areas, and increases the wildfire fuel load. This species was first discovered on the Rancho La Costa Preserve in Carlsbad in 2008, which was the first site in North America. Since then, this plant has been found in approximately 200 acres of habitat within the Habitat Management Plan (HMP) preserve between El Camino Real and the eastern border of the city, and between Palomar Airport Road and Alga Road. Ward's weed ha·s since been observed at three other locations in San Diego County; however, more than 90% of the known infestation is in Carlsbad, mostly on unmanaged preserves. The full extent of the infestation was unknown until detailed mapping was conducted in 2018 and 2019. So far, Ward's weed has not been found anywhere else in California or in the United States. Ward's weed spreads extraordinarily fast, as illustrated in Australia where a single introduction at Port Pirie spread to 500 acres within five years, and then spread throughout a third of the continent. One reason it spreads so fast is the high seed count -up to 30,000 seeds per square meter. Investing in early and aggressive control of this species will save a significant amount of resources in the future. Once the infestation reaches a certain point, eradication will no longer be be feasible, and the invasive plant could spread throughout California and the United States. Local and state agencies recognize Ward's weed as a high priority for eradication. The·city has been working with a group of stakeholders to raise money for and implement an eradication program, including San Diego County Department of Agriculture, Weights and Measures (County AWM), Nature Collective, Center for Natural Lands Management (CNLM), San Diego Management and Monitoring Program, San Diego Association of Governments Tran Net Environmental Mitigation Program, San Diego Habitat Conservancy, University of California Department of Agriculture and Natural Resources, and the City of San Diego. Environmental Management Department Habitat Management Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4689 t Oct. 8, 2019 Item #1 Page 47 of 50 Ms. Gerhardt September 10, 2019 Page 2 ACS is a contractor who specializes in.large scale invasive native habitat restoration and weed control within sensitive native habitat areas. Onsite crew members hold one or more of the following licences or certificates from the State of California: Pest Control Advisor, Qualified Applicator license, and Qualified Applicator Certificate. These credentials require extensive training and ongoing continuing education credits. ACS has a reputation for doing excellent work in an efficient manner. For the past 10 years, this contractor has been successfully working with CNLM to control Ward's weed in an area managed by CNLM. ACS has also conducted field trials to test the effectivenss of different herbicide treatments, different timing strategies, and effects of these treatment on adjacent native plant species. Other successful contracting services with ACM include the Nature Collective, who has contracted with ACM for all of its grant-funded invasive species treatment across North San Diego County for over 10 years; Mission Resource Conservation District in Fallbrook, who has contracted with ACM for large scale giant reed (arundo) infestations for at least 8 years; and the Deparment of Defence who has contracted with ACS for large infestations of several species in North San Diego County for over 25 years. It is critical to implement these services urgently and to select the right contractor for this eradication effort. If these services are· not performed with extreme caution and care, the effort will be ineffective, wasting a significant amount of public resources and allowing this invasive species to spread throughout the region. The constraints of this eradication program are as follows: · • ACS is the only private ~ontractor with experience treat_ing Ward's weed in the region. Ward's weed is different than many other weed species in that it has·many different growth forms, making it more difficult to identify (single stalks to dense shrubs, green or dry, sparsely scattered or dense mats), has two seed banks (in the soil and ':>n the dried plants), and it often grows intermingled with native plants. ACS has been working with Ward's weed on CNLM property for 10 years and helped determine the most effective treatment protocol using trial and error in the field. Based on the results of these field trials, ACS understands the effectivenss of different herbicide treatments, different timing strategies, and effects of these treatments on adjacent native plant species. Other Ward's weed infestation areas have been treated by County AWM crews in Del Mar and in some areas of Carlsbad, and the City of San Diego crews in Otay. The remaining areas in Carlsbad have been untreated. • Timing of herbicide application is absolutely critical, and the seasonal window for· treatment is very narrow. Recently it has been determined that a pre-emergent herbicide, which stops the seeds from germinating and preventing future seed production, is the best method to eradicate this annual species. Unlike most plants, which drop their seeds at the end of the season, Ward's weed retains seed pods on the plant after it dries up. The pods then burst open after the first rains of the next wet season. For the preferred pre-emergent herbicide to work properly, it must be applied Oct. 8, 2019 Item #1 Page 48 of 50 Ms. Gerhardt September 10, 2019 Page3 right before the first rain of the season. If it is applied too early, the herbicide will degrade and become ineffective. If it is applied too late (after rains), seeds could emerge and the herbicide would have limited effect. That means that the contractor must be experienced with this approach and be able to mobilize immediately. o ACS understands the critical timing of herbicide treatment for Ward's weed and has demonstrated its ability to successfully meet these requirements. o The minimum timeframe for submitting an RFP is approximately 6 to 7 weeks. The Agreement would subsequently require Council approval because the cost of services will be over $100,000. A Council staff report generally takes 8 weeks to process, route and docket. The wet weather season typically begins October 1, with substantial rains no later than November 1. Therefore, there is insufficient time for a competitive bidding process to award these services before they must be deployed for a successful eradication program. • ACS has decades of experience controlling a variety of invasive species in native habitat areas throughout the county .. ACS is one of the few con_tractors who specializes in large scale native habitat restoration as well as large scale invasive species. Using the right herbicide in the right way is critical because some pre-emergent herbicides can kill native plants. The majority of the infestation is within the HMP preserve, which supports sensitive native habitat. • ACM has the labor capacity, equipment, and demonstrated success to work in difficult conditions similar to this site. Many contractors do not have the capacity to mobilize into such a large area (up to 200 acres) in such a short period of time. Unlike other contractors with experience in both invasive species control and native habitat restoration, ACS is capable of mobilizing additional crews as ne.eded so that 15+ certified applicators can be onsite on short notice. In addition, the project area is very steep and, because there are no roads in the preserves, access to infested areas is difficult and sources are water are scarce. These conditions require specialized equipment. • Coordinating with multiple contractors would be difficult and ineffective. ACS already has a working relationship with CNLM, Nature Collective, and County AWM; therefore, coordination of treatment efforts would be streamlined, more effective and quic_ker than if a new contractor came on board. Any areas that were missed due to a lack of communication would result in growth of new plants, which would jeopardize the success of the program. In accordance with CMC Section 3.28.llO(N), a sole source contract with ACS is justified as a solicitation of bids or proposals for these services would be impractical, unavailing, impossi'ble, or not in the best interests of the city. Foremost, due to the nature of Ward's weed, a sole source contract is necessary to provide the compelling and urgent eradication services. The timeline otherwise associated with competitive bidding would jeopardize the eradication program by delaying deployment of services. Additionally, ACS has demonstrated they possess Oct. 8, 2019 Item #1 Page 49 of 50 Ms. Gerhardt September-10, 2019 Page4 specialized skills, experience and resources necessary to perform the time-sensitive eradication services related to Ward's weed, including the capability to rapidly mobilize to various areas of concern, and to perform work in sensitive native habitats and in large, steep, inaccessible areas. ACS also currently has contracts, and a good working relationships, with other entities involved in this eradication project. Th·e city and those entities intend to enter into a Memorandum of Understanding (MOU) that will require close coordination between the MOU parties and the contractor providing the eradication services. lnvolvin_g multiple contractors under the MOU would complicate deployment of services and could undermine the success of this critical program. Thank you for your consideration. Please let me know if I can answer any further que~tions. Sincerely, Rosanne Humphrey Senior Program Manager Approval for Exemption CC: James Wood, Environmental Manager Amanda Guy, Deputy City Attorney Megan Powers, Management Analyst Janean Hawney, Associate Contract Administrator Shea Sainz, Senior Contract Administrator Oct. 8, 2019 Item #1 Page 50 of 50 Memorandum of Understanding (MOU) for Ward’s Weed Eradication & Agreement with ACS for Implementation James Wood, Environmental Manager Rosanne Humphrey, Habitat Management Coordinator October 8, 2019 Presentation Summary •Ward’s weed background •Area of infestation •Eradication strategy •Recommended Action 2 Ward’s Weed Background •Invasive species •Spreads extremely fast •Chokes out native species •Presents wildfire risk 3 Area of Infestation •Carlsbad 2008 –First record in NorthAmerica •More than 99% of the infestation is in City of Carlsbad 4 HMP Preserve Ward’s Weed City Trail ii ii 0 fton Way . C Eradication Strategy •Obligation to safeguard HMP preserve •Core community values •Reduction of wildfire potential in Carlsbad •Prevent the spread to the rest of CA and US 5 Eradication Strategy 6 THE INVASION CURVE Prevention Eradication Containment Asset Based Protection & Long-term Management TIMEAREA INFESTEDCONTROL COSTSWeed Introduction Speciesabsent Small number of localizedpopulations; eradication possible Rapid increase in distribution and abundance; eradication unlikely Invasive species widespread and abundant; long-term management aimed at population suppression and asset protection Eradication Strategy •Assembled regional stakeholder group •Refined boundaries of infestation •Partners obtained grant funds •Conducted public outreach 7 Partners 8 •Nature Collective •County Dept of Ag, Weights & Measures •Center for Natural Lands Management •UC Cooperative Extension •San Diego Management and Monitoring Program •San Diego Association of Governments (SANDAG) •U.S. Fish and Wildlife Service •California Department of Fish and Wildlife •San Diego Habitat Conservancy •City of San Diego •Rancho Carrillo Master Association •Bressi Gardenlane •Bressi Spectrum Business Assoc •Walters Management •VLDA Landscape Architects •Monarch Landscape •Park West Landscape Agencies & Organizations Associations & Mgmt Companies Public Outreach 9 •Home Owner’s Associations •Landscaping companies •Newspaper and TV interviews •Fliers, signs, pocket guides, etc. •Presentations –Trail volunteers –Professional meetings –Land managers Eradication Strategy 10 •Hand pulling •Mechanical •A variety of herbicides •UC Cooperative Extension coordination •Irvine Ranch Conservancy field research 10 Years of Field Trials and Research Eradication Strategy •Phase 1: Intensive Treatment –Coordinated treatment of infestation (MOU) •Phase 2: Ongoing Maintenance 11 Recommended Action Adopt a Resolution: (1) authorizing execution of a Memorandum of Understanding (MOU)for a Ward’s weed eradication program between the City of Carlsbad, the Nature Collective, San Diego County (County AWM), and the Center for Natural Lands Management (CNLM); (2) authorizing execution of an Agreement with ACS Habitat Management for implementation of the program; (3) approving a carry-over of budgetary savings of $200,000 from the FY 2018-19 Environmental Management Department Operating Budget to the FY 2019-20 Environmental Management Department Operating Budget to fund the ACS Habitat Management Agreement; and (4) authorizing execution of right of entry permits to provide eradication services on private property located in the infestation area. 12 13