HomeMy WebLinkAbout2016-12-13; City Council; Resolution 2016-239EXHIBIT 2
RESOLUTION NO. 2016-239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA,AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH THE CENTER FOR NATURAL LANDS MANAGEMENT FOR THE
MANAGEMENT,MAINTENANCE AND MONITORING OF THE CITY OF
CARLSBAD OPEN SPACE PRESERVES,IN AN AMOUNT NOT TO EXCEED
$199,056,PER YEAR
WHEREAS,the Center for Natural Lands Management (CNLM) prepared the 2017-2021 Preserve
Management Plan under its current professional services agreement with the city,as part of its
performance of the activities detailed in the city's 2012-2016 Preserve Management Plan; and
WHEREAS,on August 30,2016, the city issued a request for proposals for the management,
maintenance and monitoring of the City of Carlsbad open space preserves; and
WHEREAS, on September 12, 2016, the California Fair Political Practices Commission issued an
advice letter to CNLM concluding that Government Code section 1090 would generally prohibit the city
from contracting with CNLM to implement the 2017-2021 Preserve Management Plan it drafted, unless
the exception in Section 1091.5(a)(12)is found by the city to apply; and
WHEREAS,Government Code section 1091.5(a)(12) states in part that a conflict of interest does
not exist where "a bona fide nonprofit, tax-exempt corporation having among its primary purposes the
conservation, preservation, or restoration of park and natural lands or historical resources for public
benefit ...enters into an agreement with a public agency to provide services related to park and natural
lands or historical resources and which services are found by the public agency, prior to entering into
the agreement or as a part of the agreement, to be necessary to the public interest to plan for, acquire,
protect, or restore park and natural lands or historical resources for public purposes"; and
WHEREAS, CNLM is a nonprofit, tax-exempt corporation under Section 501(c)(3) of the Internal
Revenue Code, dedicated to the protection and management of natural resources; and
WHEREAS,the services to be provided under the proposed agreement are necessary to the
public interest to fulfill the city's obligations under the Multiple Habitat Conservation Program
incidental take permit, and its responsibilities as an effective preserve manager of the city-owned open
space by planning for, acquiring, protecting, conserving, improving or restoring natural lands; and
WHEREAS, on October 13, 2016, CNLM submitted the only proposal received by the city, which
staff deemed responsive to the request; and
WHEREAS,staff recommends entering into a professional services agreement with CNLM, for
the management, maintenance and monitoring of the City of Carlsbad open space preserves,in an
amount not-to-exceed $199,056, per year; and
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,as
follows that:
1.The above recitations are true and correct.
2.The City Council finds that the open space management, maintenance and monitoring
services to be performed by CNLM are necessary to the public interest and serve the
public purposes of planning for,acquiring,protecting,conserving,improving,or
restoring natural lands.
3.The Mayor of the City of Carlsbad is hereby authorized and directed to execute the
agreement with the Center for Natural Lands Management,for the 2017-2021
management,maintenance and monitoring of the City of Carlsbad open space
preserves, in an amount not-to-exceed $199,056 per year, attached as Attachment A.
4.The City Manager is authorized to execute four one-year extensions of the agreement
with the Center for Natural Lands Management,each in an amount not-to-exceed
$199,056 per year.
EXHIBIT 2
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of December, 2016, by the following vote, to wit:
AYES:Hall, Wood, Schumacher, Blackburn, Packard.
NOES:None.
ABSENT:None.
M HALL,a4Mayo
A_•e
BARBAR&ENGLESON, City Clerk
(SEAL)
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AGREEMENT FOR MANAGEMENT, MAINTENANCE AND MONITORING OF
THE CITY OF CARLSBAD OPEN SPACE PRESERVES
CENTER FOR NATURAL LANDS MANAGEMENT
THIS AGREEMENT is made and entered into as of the I V11 day of
C-C11/11ke ,204(2.. by and between the CITY OF CARLSBAD, a municipal
corpora ion,("City"),and Center for Natural Lands Management,a 501(c)(3)nonprofit
corporation, ("Contractor").
RECITALS
A.City requires the professional services of an open space preserve land
management firm that is experienced in management, maintenance and monitoring of open space
preserves.
B.Contractor has the necessary experience in providing professional services and
advice related to management, maintenance and monitoring of open space preserves.
C.City issued a Request for Proposals and Contractor submitted a bid.
D.City awarded contract to Contractor and Contractor 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 the 2017-2021 Preserve Management Plan (on file with the Parks
&Recreation Administration Office)and attached Exhibit "A",which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2.STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3.TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above
written. The City Manager may amend the Agreement to extend it for four (4) additional one (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 shall not
exceed one hundred ninety-nine thousand and fifty-six dollars ($199,056). 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
ninety-nine thousand and fifty-six dollars ($199,056) per Agreement year.The City reserves the
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right to withhold a ten percent (10%) retention until City has accepted the work and/or Services
specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6.PREVAILING WAGE RATES
Any construction, alteration, demolition, repair, and maintenance work, including work performed
during design and preconstruction such as inspection and land surveying work,cumulatively
exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws.
The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract,shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770,1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City
Engineer.Contractor shall not pay less than the said specified prevailing rates of wages to all
such workers employed by him or her in the execution of the Agreement. Contractor and any
subcontractors shall comply with Section 1776 of the California Labor Code,which generally
requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section
1776.
7.STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractors 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.
8.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 Contractors 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.
9.OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
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10.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.
11.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
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.
11.1 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.
11.1.1 Commercial General Liability Insurance.$2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occurrence limit.
11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $1,000,000 combined single-limit per accident for bodily injury and property damage.
11.1.3 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.
11.1.4 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.
11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
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111.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
11.2.3 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.
11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
11.4 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.
11.5 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.
12.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.
13.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.
14.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.
15.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.
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16.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 For Contractor
Name Kyle Lancaster Name Isabella Gelmi
Title Parks Services Manager Title Director of Administration
Department Parks & Recreation Address 27258 Via Industria, Suite B
City of Carlsbad Temecula, CA 92590
Address 799 Pine Avenue, Suite 200 Phone No.760-731-7790
Carlsbad, CA 92008 Email igelmi@cnIm.org
Phone No.760-434-2941
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.
17.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 four categories.
18.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.
19.DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20.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
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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.
21.TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination.If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
22.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.
23.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.
24.JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
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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.
25.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.
26.ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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27.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 CITY OF CARLSBAD, a municipal
corporation of the State of California
O
0 0 ='•
By:_,Ja/7/0ea
11)N (Si tgall MAI -1.(LL
a)Mayor(n V 4-1
CO 0 DAVID R. BRUNNER, Presidentz Z (print name/title)°4-CENTER FOR NATURAL LANDSP0 ATTEST:
Ztj MANAGEMENT
By:
(sign here)BARBA ENGLESON
City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A Group B
Chairman,Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise,the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:
Assistant City Attorney
4-r-f(4117
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ALL-PURPOSE ACKNOWLEDGMENT
•
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 •
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
SS.County of Pl\--12..A _DI\-13
On 41 7S laelk ,before me,`InNtstk.l p 0.-)Q-41-b Notary Public,
DA-E
personally appeared t..(%21 who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the •
person(s),or the entity upon behalf of which the I
person(s) acted, executed the instrument.
ANNA C WEBB4S.-Commission.. 2140248 I certify under PENALTY OF PERJURY under the ozNotary Public -California _zMendocino County r.laws of the State of California that the foregoing
M Comm.m Ex bee Feb 12, 2020 paragraph is true and correct.
WITNESS my hand and official s. al.
C---V -w
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE
mr OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL Ar (J2_.e.ervza..4-40 CON4 Sgetr...4(74-
4.5 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S)T1TLE(S)IC)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER:
OTHER
SIGNER (PRINCIPAL) IS REPRESENTING:RIGHT
NAME OF PERSON(S) OR ENTITY(IES)THUMBPRINT 'E.
OF
SIGNER
-
APA 01/2015 NOTARY BONDS, SUPPLIES AND FORMS AT FITTP://WWW.VALLEY-SIERRA_COM 02005-2016VALLEY-SIERRA INSURANCE
CERTIFICATION OF CORPORATE ACTION
Authorization to Enter into a Management Agreement
with the
City of Carlsbad
San Diego County, California
The undersigned hereby certifies, as of the date of execution set
forth below, that the Center for Natural Lands Management,a
California public benefit non -profit corporation:
(1)is duly organized, qualified to transact business, validly
existing and in good standing under the laws of the State of
California;
(2)has taken the requisite corporate action to approve the
transaction described above and the performance by the Center for
Natural Lands Management of all required obligations of the
Center for Natural Lands Management pertaining to the transaction
described above; and
(3)has taken appropriate action to authorize David R.
Brunner, Executive Director and President, to execute and deliver
all required obligations of the Center for Natural Lands
Management pertaining to the transaction described above.
Executed as of November 18,2016.
By:La Qft-L4—t
Isabella Gelmi
Corporate Secretary
Center for Natural Lands Management
Resolution 147-08
BOARD OF DIRECTORS
CENTER FOR NATURAL LANDS MANAGEMENT
Board of Directors' Meeting of December 4, 2008
Appointing New Executive Director/President
of the Center for Natural Lands Management
WHEREAS, this authorizes David R. Brunner to serve as the Executive Director and
President of the Center for Natural Lands Management. This authorizes him to do or
cause to be done all acts necessary to conduct said position.
Date: December 4. 2008
David M. Ivester, Chairman
Votes:Ayes 7 Nays -Abstain -Absent —
Acceptance of Designation:
Date: December 4, 2008
David R. Brunner
EXHIBIT "A"
SCOPE OF SERVICES
Center for Natural Lands Management (CNLM) shall furnish all labor, materials, equipment,
transportation, and services required to implement the goals and objectives identified in the
2017-2021 Preserve Management Plan (PMP).CNLM will be primarily responsible for:
•Managing individual parcels according to the PMP
•Monitoring species, habitats, and management actions according to the PMP
•Coordinating with the Preserve Steward,other preserve managers,the City,and the
Wildlife Agencies regarding open space management issues,management,and
monitoring
•Collecting biological monitoring data according to Multiple Habitat Conservation Program
(MHCP) established protocols for preserve level, MHCP level, and regional monitoring
•Submitting data to the Preserve Steward and Wildlife Agencies
•GIS mapping of all potential,future mitigation projects at Lake Calavera Preserve,
including GPS coordinates, habitat type analysis and GIS implementation
•In coordination with the City's Public Works Environmental Management Division and
representatives from the Climate Science Alliance —South Coast,incorporate Climate
Smart Conservation goals, objectives and actions for the Lake Calavera Preserve and one
additional upland preserve
•Public outreach
PROPOSED COST OF SERVICES
Incremental payments will be made on a monthly basis for the tasks outlined in the PMP, which
are categorized below.CNLM shall submit invoices by the 5th day of the month for tasks
performed in the previous month.CNLM shall provide detailed records of all monthly tasks
performed and include all required reports of preserve management services.Actual payments
made to CNLM shall be based on actual monthly tasks performed and may be different from the
prices estimated below.The total fee payable for the services to be performed during the initial
Agreement term shall not exceed one hundred ninety-nine thousand and fifty-six dollars
($199,056).If extensions to the initial term are utilized, the total fee payable per Agreement year
shall not exceed one hundred ninety-nine thousand and fifty-six dollars ($199,056).
Item Description Unit Price 2017 2018 2019 2020 2021No.
Lump
1 Biological Surveys Sum/year $14,895 $14,882 $26,027 $14,576 $10,090
Habitat Lump
2 Maintenance Sum/year $36,269 $37,134 $32,453 $38,661 $39,584
Water Lump
3 Management Sum/year 0 $1,020 0 0 $1,082
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Lump
4 Site Maintenance Sum/year $5,217 $5,369 $5,526 $5,687 $5,853
Lump
5 Reporting Sum/year $14,098 $14,521 $14,957 $15,406 $15,868
Lump
6 Operations Sum/year $27,365 $28,038 $28,729 $32,694 $30,164
General Lump
7 Maintenance Sum/year $4,920 $5,065 $5,214 $5,367 $5,525
1,500
8 Patrol/Enforcement hours/year $79,461 $82,732 $86,150 $86,278 $90,001
PROPOSAL Annual $182,225 $188,781 $199,056 $198,669 $198,167TOTAL
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