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CC RES 2006-007RESOLUTION NO. 2006-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ACCEPTING THE TERMS AND CONDITIONS OF THE GRANT AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT IF FISH AND GAME TO RECEIVE GRANT FUNDING. WHEREAS, on August 31, 2004, the City Council of the City of Rancho Palos Verdes ( "City ") approved the City's NCCP Subarea Plan ( "Plan "), which identified the Palos Verdes Peninsula Land Conservancy ( "PVPLC ") as the City's habitat manager responsible for managing the City's NCCP Preserve ( "Preserve "); and WHEREAS, on December 20, 2005, the City entered into an agreement with the PVPLC authorizing the PVPLC to begin management of the Preserve properties on January 1, 2006 in accordance with the management requirements of the Plan; and WHEREAS, the California Department of Fish and Game has approved grant funding in the amount of $100,000 to the City pursuant to Fish and Game Code section 150_ .5 (b) to assist the PVPLC with the baseline documentation studies for the Preserve and with the development of an Initial Management and Monitoring Plan and Report, tasks that are necessary to initiate the overall management of the Preserve called out for in the Plan; NOVA!, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council hereby agrees to the terms and conditions of the California Department of Fish and Game Grant Agreement No. P0550006, as outlined in attached Exhibit A. Section 2: The City Council hereby authorizes the Director of Planning, Building and Code Enforcement or his /her designee to execute the California Department of Fish and Game Agreement and all subsequent agreements or amendments to receive grant monies. Section 3: The City Council hereby designates the PVPLC as the Project Manager for performing the approved scope of work called out for in the approved Grant Agreement. PASSED, APPROVED, AND ADOPTED this 7th day of February 2006. 'Mae Attest: City &erk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2006 -07 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on February 7, 2006. Mum Resolution No. 2006 -07 Page 2 of 2 ,, TATE OF CALIFORNIA STANOARD AGREEMENT STD 213 (Rev 06103) AGREEMENT NUMBER P0550006 REGISTRATION NUMBER 1. This Aqreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME Department of Fish and Game CONTRACTOR'S NAME City of Rancho Palos Verdes 2. The term of this April 01, 2006 Through June 30, 2007 Agreement is: 3. The maximum amount $ 100,000.00 of this Agreement is: One hundred thousand dollars and no cents 4. The com agree arties a to I Y with the terms and conditions of the following exhibits which are by this reference made a p g p part of the Agreement. Exhibit A — Scope of Work 6 pages Exhibit B — Budget Detail and Payment Provisions * Exhibit C — General Terms and Conditions Exhibit D — DFG Additional Provisions 4 pages GTC 1005 6 pages Items shown with an Asterisk ( *), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov /Standard +Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Rancho Palos Verdes BY (Authorized nature) DATE SIGNED(Do not type) �S PRINTED N ME ND TITLE OF P RSO SIGNING Joel R jas Project Die r ADDRESS � 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 STATE OF CALIFORNIA . 11 AGENCY NAME Department of Fish and Game , BY honed Signature) DATE IG D(Do not type) ",-rL ) ( ) I f ) A ; 11 ) PRINTED NAME AND TITLE OF PERSON SIGNING U 1 Renee Renwick, Assistant Deputy Director, Administration ADDRESS 1416 9th Street Sacramento, CA 95814 California Department of General Services Use Only �7 ❑ Exempt per: Resolution No. 2006 -07 Exhibit A EXHIBIT A SCOPE OF WORK (DFG EXA 04103) City of Rancho Palos Verdes P0550006 Page 1 of 6 1. Contractor agrees to provide to the State Department of Fish and Game (DFG) as described herein: _ The goal of the requested work is to provide baseline biological information and to develop a long- term management plan for the Habitat Preserve that will be established as part of the Rancho Palos Verdes Natural Community Conservation Plan (NCCP) Subarea Plan. Preparation of the plan must account for the intent of the Palos Verdes Peninsula Land Conservancy (PVPLC) to ultimately conduct annual preserve monitoring and implement management actions using its internal staff. With this understanding, the City of Rancho Palos Verdes will adopt the following approach to each of the project tasks that are outlined below. 2. The services shall be performed within the Preserve that will be established with the Rancho Palos Verdes NCCP Subarea Plan in the State of California. 3. The Services shall be provided Monday thru Friday with flexibility in the field to achieve optimal biological results. - 4. The Project Officials during the term of this agreement will be: DFG Contract Manager Name: Warren Wong Phone: (858) 467 -4249 Fax: (858) 467 -4299 Email: wwong @dfg.ca.gov Direct all inquiries to: Department of Fish and Game Section /Unit: South Coast Region Attention: Roger Lopez Address: 4949 Viewridge Ave San Diego, CA 92123 Phone: (858) 467 -4269 Fax: (858) 467 -4239 Email: rlopez @dfg.ca.gov 5. Scope of Work A. Background and Objectives Contractor Project Director Name: Joel Rojas Phone: 310 - 544 -5228 Fax: 310- 544 -5293 Email: joelr@rpv.com Contractor: Palos Verdes Peninsula Land Conservancy Attention: Barbara Dye Address: 916 Silver Spur Road, #207 Rolling Hills Estates, CA 90274 Phone: 310 - 541 -7613 Fax: 310 -541 -7623 Email: barbaradye @cox.net The NCCP for Rancho Palos Verdes is close to final approval. As committed in the NCCP, the PVPLC is prepared to perform the biological work required for the development of the Preserve Habitat Management Plan (HMP) as spelled out in the NCCP documents. In order to accomplish that task, the initial baseline studies will be critical to the success of NCCP implementation. The goal of the funding will be to create a Habitat Management Plan on which future monitoring will build. Professionals in the fields of ornithology, entomology, botany, and habitat restoration will be City of Rancho Palos Verdes P0550006 Page 2 of 6 9 consulted to develop monitoring and baseline studies. The ability to team with other scientific professionals would enable the PVPLC to do more focused monitoring and to obtain very high levels of qua y lit field data. This enhanced data will be used as a baseline for future comparison to track p Y o p ulation dynamics of the target plant and wildlife species. More comprehensive survey work will provide a greater level of confidence in the survey results, and therefore, a more reliable baseline for future comparison. The grant will also enable the PVPLC to use the most current technologies and mapping technique g s. Finally, the rant will be used to provide additional staff to assemble, review and analyze the baseline data. , According to the NCCP PVPLC will be the official manager of the Preserve. Therefore, although the grant will be awarded to the City of Rancho Palos Verdes (CRPV), PVPLC will perform the work required b the rant to begin collecting baseline data and to draft and finalize a habitat q Y � management plan for the NCCP Preserve. CRPV will manage the grant, and PVPLC will serve as g the Ci yt s contractor. For some tasks, PVPLC has entered into a subcontract with a consulting ' company, Dudek & Associates (Dudek) to provide expertise in particular areas. B. Tasks and Deliverables Task 1. Development of Baseline Report for Wildlife Species Protocol surveys for wildlife species will be performed. Surveys will focus on the proposed Covered Species identified in the draft NCCP, including coastal California gnatcatcher (Polioptila califomica califomica), coastal cactus wren (Campylorhynchus brunneicapiilus), Palos Verdes Blue butterfly (Glaucopsyche lygdamus palosverdesensis) and the El Segundo Blue butterfly (Euphilotes battoides allynt); however, survey notes should also indicate where other sensitive wildlife species were observed, and all animal species identified should be recorded to serve as baseline information. The monitoring methodologies proposed for wildlife will be designed in a manner that can be Y ear replicated year-to-year and that can provide comparable data that is meaningful from a P Y management perspective. With the assistance of Dudek, PVPLC proposes developing custom g P P assessment forms for quick field assessments that are designed to record a fixed set of site attributes that relate to habitat restoration potential, target species site conditions, and potential threats. These documents would become the basis for a systematic monitoring approach that would be p Y implemented b PVPLC staff to provide comparable field data in future monitoring years. U.S. Fish nd Wildlife Service-approved survey methodology for the gnatcatcher, consisting of s h PP three complete passes, will be performed, funded by the grant. Coastal cactus wren surveys would be conducted concurrently with gnatcatcher surveys. Based on the habitat acreages contained in the NCCP Subarea Plan, it appears that approximately 800 acres of gnatcatcher /cactus wren habitat is present. The surveys will be pp Y conducted according to the guidelines adopted by the U. S. Fish and Wildlife Service (USFWS) for 1 ro'ect sites enrolled in the NCCP Program with regard to acreage covered per biologist per P day and weather restrictions. The USFWS will be notified of the intent to survey 10 days prior to the survey. Tape playback will be utilized to elicit responses from gnatcatcher and cactus wren. Surveys will be conducted between 0500 and 1200 and will avoid periods of excessive heat >950 and excessive cold ( <55°), wind, rain, fog, or other inclement weather. Detected 9 natcatchers and wrens will be accurately mapped onto aerial photographs /topographic maps and the sex, age class, and breeding status if known, will be noted. Observed nest locations will be mapped accurately. Wrens may nest colonially in family groups; therefore family groups City of Rancho Palos Verdes Possooa6 Page 3 of 6 will be mapped and detected numbers noted. Other information obtained will include slope, elevation, dominant vegetation types, and habitat disturbances. The basic survey methodology will be to conduct surveys by traversing all potential habitats for these two bird species. Detailed notes regarding the areas traversed during the surveys will be kept in order to provide consistency among follow -up surveys. Survey locations and the general location of survey routes traversed will be provided on maps for future reference to ensure that the basic survey methodology is repeatable. This will improve consistency among surveys and increase the confidence level for data comparison - between survey events. Additionally, establishing a replicable survey methodology will provide the ability to gather more consistent and accurate data in order to improve tracking the population dynamics over the long -term for these two bird species. The NCCP also identifies the El Segundo Blue Butterfly as a covered species. PVPLC understands that the presence of dune buckwheat within the Preserve is currently only known to be in "neutral lands" that are inaccessible to botanical surveyors. Dune buckwheat is the host plant for El Segundo Blue Butterfly; therefore, its presence or absence within the Preserve would be important information for managing critical habitat for the butterfly. In accordance with recommendations provided by Dr. Gordon Pratt (lepidopterist), a focused survey for dune buckwheat would be conducted by Dudek in all potential habitat areas. Any observed occurrences of this species would be mapped using GPS equipment, and resulting data would be incorporated into a GIS database including biological resources within the Preserve. Dudek, with the assistance of Dr. Pratt, would provide focused surveys for El Segundo Blue Butterfly. Due to the fact that the host plant for this species is only known to occur within inaccessible "neutral lands" in the Preserve, focused surveys for El Segundo Blue Butterfly would only be conducted if the host plant is detected during focused surveys, or if PVPLC specifically requests it. Because the presence, and potentially the extent, of the host plant within the areas that can be surveyed within the Preserve is unknown at this time, the details regarding the methodology of focused surveys for El Segundo Blue Butterfly have not been described. However, Dr. Pratt is permitted by the U.S. Fish and Wildlife Service for surveys for El Segundo Blue Butterfly, and would follow established focused survey protocol for this species if the focused surveys are requested. Areas that potentially support Palos Verdes Blue Butterfly will be surveyed for Astragalus trichopodus /onchus, the larval host plant. These areas will be noted in the baseline reports. Task 1 Budget: Reimbursement for survey work can occur at 25 %, 50 %, and 75% completion intervals prior to finishing surveys. However, invoices submitted at the completion of both Task 1 and Task 2 shall not exceed $60,000 combined. Expenses incurred over $60,000 and therefore not invoiced with Task I or Task 2 may be invoiced at the completion of Task 4. Task 2 Development of a Baseline Report for Plant Species Dudek will provide assistance with reconnaissance focused surveys for target plant species at known species locations within the Preserve, including aphanisma (Aphanisma blitoides), south coast saltbush (Atriplex pacitica), bright green dudleya (Dudleya virens), Santa Catalina Island desert -thorn (Lycium brevipes var. hasset), Catalina crossosoma (Crossosoma californicum) and wooly seablite (Suaeda taxifolia). The botanical survey work will be divided between PVPLC personnel and /or Angelika Brinkmann -Busi and Dudek biologists. In addition, Dudek will provide additional assistance with a comprehensive rare plant survey for Preserve areas. City of Rancho Palos Verdes P0550006 Page 4of6 It is anticipated that Dudek will provide approximately one -half of the work estimated to complete the botanical surveys, including the actual survey work, development of survey protocols, preparation of data collection forms, data summary and analysis, and incorporation of the data into GIS. In the future, surveys will be performed by PVPLC personnel or by consultants funded by PVPLC. Plant species monitoring will focus on characterizing the status of the known populations of the target species by estimating population size, density and structure, and identifying existing or potential threats to the long -term persistence of each of the populations. These initial surveys will provide a detailed baseline data set for future management-efforts. Replicable survey protocols will be established for each of the five target species such that follow -up surveys can be performed consistently in order to effectively track population dynamics over time. Field data sheets will be prepared that include all appropriate survey parameters such as plant species, population estimates /counts, plant density, slope, aspect, dominant vegetation types, and habitat disturbances. The field data sheets will be used to ensure that all team members are recording consistent data in a repeatable manner. Additionally, all botanists on the team will be trained before and during the surveys to ensure consistency between the teams in population estimation methods and results. The proposed survey methodology will vary slightly for the target plant species due to their very different physical structure and life cycles. Both aphanisma and south coast saltbush are low growing annuals; therefore, timing of the surveys is critical in order to capture the species at an observable time in their life cycle. The surveys will be timed during the summer months, if possible, because the stems of both species turn red as the plants begin to dry out and die, making the plants easier to locate. Plant populations will be mapped using a global positioning system (GPS), if the locations of plant populations are accessible on foot. If an individual population is not accessible (e.g. located on a bluff face), the plant population will be mapped by drawing lines on a field surveyor's map. If individual population sizes are small (i.e., less than 1,000 individuals), direct counts of individuals within the populations will be made. If individual population sizes appear to be large, and counting each individual appears to be infeasible, population estimates will be made by utilizing a modified magnitude scale. For example, a sampling unit (e.g. square meter) will be used to estimate a subset of the total population. Depending on the size of the population, one to several samples will be taken. The number of samples taken within a total population will depend on various factors such as the size of the polygon, plant densities, and variations in plant densities within the population. The results of the sample measures will be extrapolated to get an accurate estimate of population size. The other three plant species, bright green dudleya, Santa Catalina Island desert- thorn, and Catalina crossosoma, are perennial plant species. Therefore, the timing of surveys is less critical. However, it is intended that the timing of all plant surveys will coincide to ensure efficiency. The survey methodology for Santa Catalina desert -thorn and Catalina crossosoma will likely be direct counts of individuals, since the number of known individuals is small in the study area. All individuals or groups of individuals will be mapped using GPS equipment, if they are accessible by foot. If individuals are not accessible by foot, they will be mapped by drawing lines on a field surveyor's map. Bright green dudleya is locally abundant within the study area, and often inaccessible, due to the fact that it typically occurs on bluff faces and steep rocky slopes. Therefore, surveys for this species will be conducted by visiting known populations, making population estimates with the aid of binoculars, and mapping population locations on a field surveyor's map. If populations are accessible by foot, a GPS device will be used to map individual populations. Existing or potential threats to persistence of these five target plant species populations will be analyzed during botanical surveys. Disturbance factors, such as invasion of exotic weeds, recreational uses within or near the area, human access to the site, herbivory or soil disturbance by animals, adjacency to developed areas, or other factors discovered during the City of Rancho Palos Verdes ` P05 5 0006 Page 5 of 6 monitoring, will be included on the field data forms and evaluated at each location where the target species are mapped. All data from the field data forms will be summarized and analyzed in preparation for incorporation into the monitoring report. All mapped data will be incorporated into a GIS database so that maps of plant populations can be prepared. Maps will be created that show formerly mapped plant populations and population estimates (if available), along with the results from the reconnaissance surveys. This proposal assumes that all data collected by PVPLC staff will incorporated into the database to be created by PVPLC. - - - Task 2 Budget: Reimbursement for survey work can occur at 25 %, 50 %, and 75% completion intervals prior to finishing surveys. However, invoices submitted at the completion of both Task 1 and Task 2 shall not exceed $60,000 combined. Expenses incurred over $60,000 and therefore not invoiced with Task 1 or Task 2 may be invoiced at the completion of Task 4. Task 3. Preparation of a Draft Habitat Management Plan for the NCCP Preserve CRPV will prepare a Draft Habitat Management Plan (HMP) that includes the final Baseline Reports for target plant and animal species known to occur, or having the potential to occur, in the Preserve, including aphanisma, south coast saltbush, bright green dudleya, Santa Catalina Island desert- thorn, Catalina crossosoma, coastal California gnatcatcher, coastal cactus wren and El Segundo Blue and Palos Verdes Blue Butterflies. The HMP will provide an analysis of threats to each population and management recommendations to protect existing populations. Monitoring and management protocols and survey forms to be standardized for future preserve monitoring /management activities will also be included. The HMP will also identify reporting requirements and -photo locations to document progress of management activities. Based on information gathered in the Baseline Report for Wildlife, a Predator Control Plan will be developed by PVPLC as part of their commitment to the NCCP. Development of the Predator Control Plan will not be funded by this grant. A Targeted Exotic Control Plan (TERP) will be developed by PVPLC, based on the information in the final Baseline Report for Plants. Sites selected for removal of invasives will be identified by PVPLC Staff as part of their commitment to the NCCP. Development of the TERP will not be funded by this grant. A Habitat Restoration Plan (HRP), detailing restoration methods and assessment of restoration potential throughout the Preserve, will be prepared by PVPLC as part of their commitment to the NCCP. Development of the HRP will not be funded by this grant. The HRP will also propose an initial 15 acres of restoration to be performed within the Preserve. This restoration will be implemented five acres per year for the first three years after Preserve establishment. PVPLC will evaluate of potential sites based on a variety of factors critical to the success of restoration efforts, including adjacency to existing habitat or development, access to the site, water availability, density and species of exotic weeds present onsite or in adjacent areas, and level of prior soil disturbance. Other factors that may be assessed for each potential site include the potential to provide quality habitat for target species and how visible the restoration site will be to the public. Once a final site is selected, Dudek will review and comment on the conceptual plan to be prepared by PVPLC. It is expected the plan will include a phase map of the restoration area, an implementation plan that includes weed control recommendations and plant palettes, and a monitoring plan to track the progress of habitat restoration throughout the three -year monitoring period. City of Rancho Palos Verdes P0550006 Page 6 of 6 Task 3 Budget: The invoice for completion of Task 3 shall not exceed $20,000. Expenses incurred over $20,000 and therefore not invoiced with Task 3 may be invoiced at the completion of Task 4. Task 4. Revision and Finalization of the Habitat Management Plan for the NCCP Preserve PVPLC will finalize the Habitat Management Plan after incorporating comments provided by the Wildlife Agencies. Task 4 Budget: Once all Tasks have been completed and the final Plan received by DFG, PVPLC may submit invoices bringing the total amount invoiced for all Tasks to $100,000. C. Schedule of Completion Dates Task/Deliverable Due Date 1. Baseline Survey Data and Report for Wildlife Species. No later than January 1, 2007 2. Baseline Survey Data and Report for Plant Species. No later than January 1, 2007 3. A Draft Habitat Management Plan for the Preserve, including the Baseline No later than Reports for Wildlife and Plant Species (Tasks 1 and 2), Predator Control January 1, 2007 Plan, Targeted Exotic Control Plan and Habitat Restoration Plan. 4. A Final Habitat Management Plan for the Preserve incorporating the No later than comments of the Wildlife Agencies. March. 1, 2007 D. Reports Deliverable 1: Baseline survey data of wildlife surveys (in ESRI shapefile format with FGDC compliant metadata), methodologies used, field assessment forms, and a summary and analysis of the information collected will be assembled in a Draft Baseline Report for Wildlife Species. The Draft Baseline Report for Wildlife Species will be provided to the Wildlife Agencies for review and comment. After comment/review, the Draft Baseline Report will be revised by PVPLC and a final report will be submitted to the Wildlife Agencies. Deliverable 2: Baseline survey data of plant surveys (in IESRI shapefile format with FGDC compliant metadata), methodQlogies used, field assessment forms, and a summary and analysis of the information collected will be assembled in a Draft Baseline Report for Plant Species. The Draft Baseline Report for Plant Species will be provided to the Wildlife Agencies for review and comment. After comment/review, the Draft Baseline Report will be revised by PVPLC and a Final IMMR will be submitted to the Wildlife Agencies. Deliverable 3: A Draft Habitat Management Plan for the Preserve, including the final Baseline Reports for Wildlife and Plant Species (Tasks 1 and 2), Predator Control Plan, Targeted Exotic Control Plan and Habitat Restoration Plan will be provided to the Wildlife Agencies for review and comment no later than January 1, 2007. Deliverable 4: A Final Habitat Management Plan for the Preserve will be submitted to the Wildlife Agencies no later than March 1, 2007. EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISION City of Rancho Palos Verdes (DFG EXB 05/03) P0550006 -Page 1 of 4 1. Invoicing and Payment A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. - - - B. The Contractor shall be paid in arrears, upon submission of an original and two copies of the invoice, which properly details all charges, expenses, direct and indirect costs. Invoices shall be submitted to: Contract Manager: Warren Wong Region/Division: South Coast Region Address: 4949 Viewridge Ave, San Diego CA 92123 C. The original and one (1) approved copy of the invoice will be forwarded to the Department of Fish and Game's Accounting Claims Section by the Contract Manager. Payment of any invoice will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Failure to use the address exactly as provided above, may result in the return of the invoice to the Contractor. All invoices must be approved by the Contract Manager. D. Payments made prior to satisfactory completion of all work required by the Agreement shall not exceed, in the aggregate, ninety percent (90 %) of the total earned with the balance to be -paid upon satisfactory completion of the task or Agreement, and provided further, that the Department of Fish and Game shall retain from the Contractor's earnings for each period for which payment is made, an amount equal to ten percent (10 %) of such earnings, pending satisfactory completion of the task or Agreement. E. The invoice shall contain the following information: 1. The word "Invoice" should appear in a prominent location at the top of the page(s); 2. Printed name of the Contractor; 3. Business address of the Contractor including P.O. Box, City, State, and Zip Code; 4. Name of the Region/Division of the Department of Fish and Game being billed; 5. The date of the invoice and the time period covered; 6. The number of the agreement upon which the claim is based, and; 7. An itemized account of the services for which the Department of Fish and Game is being billed. Include all of the following: EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISION City of Rancho Palos Verdes (DFG EXB 05103) (Continued) P0550006 Page 2 of 4 a. The time period covered by the invoice, i.e., the term "from" and "to"; b. A description of the services performed; c. The method of computing the amount due Line item budaet/cost reimbursement method Payments will be made by the State to the Contractor, in arrears, upon receipt of an itemized invoice showing the time period covered and the work items accomplished. The invoice must be itemized using the categories and following the format of the attached budget. d. The total amount due. This should be in a prominent location in the lower right -hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor under the terms of this agreement; and e. The original signature'of the Contractor (not required of established firms or entities using preprinted letterhead invoices 2. Contract Written Prior to Approval of the Budget Act A. It is mutually understood between the parties that this agreement may have been written prior to approval of the Budget Act for the mutual benefit of both parties in order to avoid program and fiscal delays. B. This agreement is valid and enforceable only if sufficient funds are made available by the Budget Act for the Fiscal Year(s) involved for the purposes of this program. In addition, this agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature and contained in the Budget Bill or any statute enacted by the Legislature which may affect the provisions, terms, or funding of this agreement in any manner. C. Further, it is mutually agreed that if the Budget Act does not appropriate sufficient funds for the program, this agreement shall be invalid and of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this agreement and the Contractor shall not be obligated to perform any provisions of this agreement. D. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to the Contractor to reflect the reduced amount. EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISION City of Rancho Palos Verdes (DFG EXB 05/03) (Continued) P0550006 Page 3 of 4 3. Promut Payment Clause Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5, commencing with Section 927. 4. Budget Flexibility Subject to the prior review and approval of the Contract Manager, line item shifts of up to $25,000 or ten percent of the annual contract total, whichever is less, may be made up to a cumulative maximum of $50,000 per fiscal year. Line item shifts may be proposed /requested by either the State or the Contractor in writing and' must not increase or decrease the total contract amount allocated per fiscal year. EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS (Continued) (DFG EXB 05/03) Rancho Palos Verdes Baseline Biology Reports and Habitat Management Plan Staff Benefits are incorporated into each pay rate listed below RATE STAFF Senior Biologist .. $160 Wildlife Biologist Data Analysis M Wildlife $110 Botanist HRS COST I $50 Other consulting Equipment and Supplies $4,685 $3,955 $75 GIS Specialist 40 $6,400 $80 Word Processor 320 $35,200 $65 Graphics ` LNNEWNNNMW� $90 TOTAL LABOR AND BENEFITS Grand Total Travel Expense s per istration for similar employees. and r diem rates are set at the rate specified by the Department of Personnel Admin 20 $1,500 COST WORKSHEET TASK 1 TASK 2 TASK 3 Baseline Report and Baseline Report and Draft Habitat Data Analysis M Wildlife Data Analysis -- Plants Management Plan HRS COST I y HRS COST HRS COST Equipment and Supplies $4,685 $3,955 $960 $400 40 $6,400 10 $1,600 10 $1,600 320 $35,200 80 $8,800 40 $4,400 LNNEWNNNMW� 150 $7,500 20 $1,000 Grand Total Travel Expense s per istration for similar employees. and r diem rates are set at the rate specified by the Department of Personnel Admin 20 $1,500 50 $4,000 20 $1,600 10 $800 20 $1,300 15 $975 15 $975 40 $3,600 30 $2,700 15 $1,350 470 $50,500 325 $24,675 110 $10,125 City of Rancho Palos Verdes P0550005 Page 4 of 4 TASK 4 Final Habitat inagement Plan =111 11111111 ZS COST 8 $1,280 20 $2,200 7 $560 6 $390 3 $270 44 $4,700 TOTAL HRS COST 68 $ 10,880 460 $ 50,600 170 $ 81500 20 $ 1,500 87 $ 6,960 56 $ 3,640 88 $ 7,920 949 $ 90,000 y• »:y "•'A^,fyta.a'j .,, ' �' .,K - .fir - r, Aai � ,., ;Ar:!i.:4i,.1ZrrJ »::rr.�..°:w R-::..- - - " " AMT COST AMT COST AMT - COST AMT - - COST - -- - AMT COST $1,000 $1,455 $500 $300 $3,255 $4,200 Reproduction Vehicle use .34 r mile $2,500 $1,500 Travel and Veh @ per $1,000 $200 $260 $ 100 $2,545 Equipment and Supplies $4,685 $3,955 $960 $400 ,'�'�Y 10,0 Total O Operating Expenses $4,685 $3,955 IWE- �0 $400 $10,000 LNNEWNNNMW� TOTAL COST/ BID PR /CE $100,000 Grand Total Travel Expense s per istration for similar employees. and r diem rates are set at the rate specified by the Department of Personnel Admin No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. EXHIBIT D — DFG ADDITIONAL PROVISIONS (DFG AP — Revised 03!06) 1.. Excise Tax: The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state. 2. Availability of Funds: Work to be performed under this Agreement is subject to the availability of funds through the State's normal budget process. 3. Licenses and'Permits: The Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense, all license(s) and permits) required by law for accomplishing any work required in connection with this Agreement. a. If you are a Contractor located within the State of California, a business license from the city or county in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documents /letter from the Secretary of State's Office can be submitted. b. If you are a Contractor outside the State of California, you will need to submit to the Department of Fish and Game (DFG), a copy of your business license or incorporation papers for your respective state showing that your company is in good standing in that state. c. In the event any license(s) and /or permit(s) expire at any time during the term of this Agreement, the Contractor agrees to provide DFG a copy of the renewed license(s) and /or permit(s) within thirty (30) days following the expiration date. d. In the event the Contractor fails to keep in effect, at all times, all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. 4. Rights in Data: The Contractor agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written graphic work produced in the performance of this Agreement, are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purpose whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves a royalty -fee, nonexclusive and irrevocable license to reproduce, publish such work, or any party thereof, and to authorize others to do so. S. Settlement of Disputes: Unless otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which cannot be resolved informally, shall be decided by the following two -step procedure: a. The Contractor must provide written notice of the particulars of such disputes to the Contract Manager or his /her duly appointed representative. The Contract Manager must respond in writing within ten (10) working days of receipt of the written notice of dispute. Should the Contractor disagree with the Contract Manager's decision, the Contractor may appeal to the second level. Pending the decision on appeal, the Contractor shall proceed diligently with the performance of this Agreement in accordance with the Contract Manager's decision. b. The second level appeal must indicate why the Contract Manager's decision is unacceptable, attaching to it, the Contractor's original statement of the dispute with supporting documents, along with a copy of the Contract Manager's response. This letter shall be sent to: Department of Fish and Game Attention: Deputy Director (or designee) 1416 9th Street, 12th Floor Sacramento, CA 95814 Page 1 of 6 EXHIBIT D — DFG ADDITIONAL PROVISIONS (DFG AP — Revised 03106) The second level appeal must be filed within fifteen (15) working days upon receipt of the Contract Manager s decision. Failure to submit an appeal within the period specified shall constitute a waiver of all such rights to an adjustment of this Agreement. , The Deputy Director, designee, or desi shall meet with the Contractor to review the issues raised. A written ' ' the Deputy Director, or designee, shall be returned to the Contractor within fifteen decision signed by p y (15) working days of PP p the receipt of the appeal. The decision of the Deputy Director, or designee, will be final. - 6. Property Acquisitions: Property, as used in this section, shall include: p Y -- a property furniture) with a unit cost of $500 or. more and a useful life of a. Equipment Tangibl p p y g four (4) years or more. Actual cost includes the purchase price plus all costs to acquire, install, and prepare the equipment for its intended use. b. Furniture — Standard office furnishings including desks, chairs, bookcases, credenzas, tables, etc. C. Portable Assets — Items considered "highly desirable" because of their portability and value, e.g., calculators, typewriters, Dictaphones, cameras and microscopes. d. Electronic Data Process in g (EDP) Equipment — All computerized and auxiliary automated information handling including y 9 din system design and analysis, conversion of data, computer programming, information retrieval, voice video, and data communications, requisite system controls, simulation and storage and re , all related interactions between people and machines. The Contractor ma y p property purchase under this Agreement only if specified in Exhibit "B" (Budget P ) Detail and Pa Provisions). . Any property purchased by the Contractor with funds provided under Payment Agreement shall be the property of the State during the customary depreciable life thereof. The this Agre p P r shall promptly report any such purchase to the Contract Manager and to the State's Property Contractor p p Y p Officer. Should this Agreement be terminated for any reason, or upon expiration and failure to negotiate f all such property shall be returned to the State within the timeframe negotiated between the hereof, p p Y Contractor and the State. Prior written authorization n b the Contract Manager shall be required before the Contractor will be reimbursed property d for an purchase not specified in the Budget. The Contractor shall provide to the Contract Manag er all p regarding arding the necessity for such property and the reasonableness of 9 the cost. Before property purchases made b the Contractor are reimbursed by the State, the Contractor shall op rtY p Y submit paid vendor receipts identifying the Agreement number, purchase price, description of the item, serial number, model number, and location, including the street address, where the property will be used during the term of this Agreement. Said paid receipts shall be attached to the Contractor's invoices. The Contractor p q t r shall keep adequate and appropriate records of all property purchased with Agreement t the time of purchase, prepare a Property Purchased with State Funds report and submit funds and a p P one (1) copy to the Contract Manager and one (1) copy to the Property Officer. A copy must be retained by the Contractor. The State reserves th e right at time to evaluate the cost of property and reimburse at an amount g any equal to costs reflected in, but not limited to, Agreements to the State Department of General Services, Procurement Division, as negotiated with vendors who supply the same type of property. All property tagged shall be to ed after acquisition by the Contractor in accordance with instructions provided. q The pup tagging purpose of to in assets is to designate the assets as belonging to the State. Whatever property stolen, or destroyed, the Contractor shall immediately report the loss, theft, or destruction to the is lost, s y local law enforcement agency (or the California Highway Patrol (CHP) if the crime occurs on either state -owned or state leased property) and to the Contract Manager. The Contractor will also prepare a Property Survey Report. Page 2 of 6 EXHIBIT D — DFG ADDITIONAL PROVISIONS (DFG AP — Revised 03/06) In the case of stolen property, the Contractor shall also complete a CHP Report of Crime on State Property (STD 99), obtain a copy of the law enforcement agency's report and submit these to the Contract Manager. The Contractor shall adjust their property records and retain a copy of the Property Survey Report as documentation. Losses of State property due to fraud or embezzlement shall be reported in the same manner as described above. The Contractor shall be charged with any loss and damages to State property due to the Contractor's negligence. The Contractor shall at the request of the State, submit an inventory of property furnished or purchased under the terms of this Agreement. Such inventory will be required not more frequently than annually. Upon termination, expiration, or failure to negotiate renewal of this Agreement, all property purchased with Agreement funds shall promptly be returned to the State. The Contractor shall prepare an Inventory of State Furnished Property report and submit to the State and shall at that time query the Contract Manager as to the State's requirements, including the manner and method in returning said property to the State. Final disposition of such property shall be at the State's expense in accordance with instructions from the Contract Manager to be issued immediately after receipt of the final inventory. State policies and procedures applicable to procurement with nonfederal funds shall apply to procurement by the Contractor under this Agreement provided that procurements conform to applicable State law and the standards identified in this section. These include but are not limited to: 1) statutes applicable to State agencies; 2) statutes -applicable to State college and university public works projects; 3) the California Constitution governing University of California contracting; 4) the State Administrative Manual; 5) statutes applicable to specific local agencies; and 6) applicable city and county charters and implementing ordinances including policies and procedures incorporated in local government manuals or operating memoranda. 7. Income Restrictions: The Contractor agrees that any refunds, rebates, credits, or other amounts (including - any interest thereon) accruing to or received by the Contractor under this Agreement, shall be paid by the Contractor to the State, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the State under this Agreement. 8. Confidentiality of Data: All financial, personal, technical, and other data and information relating to DFG operations which are designated confidential by DFG and made available to the Contractor in order to carry out this Agreement, or which becomes available to the Contractor in carrying out this Agreement, shall be protected by the Contractor for the protection of the Contractor's data and information are deemed by DFGs confiden ial information, as such methods and procedures may be used, with the written consent of DFG, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Agreement or is rightfully obtained from third parties. 9. Right to Terminate: The State reserves the right to terminate this Agreement subject to thirty (30) days written notice to the Contractor. The Contractor may submit a written request to terminate this Agreement only if the State should substantially fail to perform its responsibilities as provided herein. However, the Agreement can be immediate) terminated for cause. The term "for cause" shall mean the Contractor fails to g • • Y ' ' ' ' instance, the Agreement meet the terms, conditions, and /or responsibilities of the Agreement. In this i g termination shall be effective as of the date indicated on the State's notification to the Contractor. The Contractor shall not incur any new obligations beyond the date of termination and shall cancel all outstanding obligations relating to this Agreement. The State shall reimburse the Contractor for any reasonable non - cancelable projects incurred by the Contractor prior to the termination date. This Agreement may be suspended or cancelled without notice, at the option of the Contractor if the g Y Contractor or State's premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority. - Page 3 of 6 h � EXHIBIT D — DFG ADDITIONAL PROVISIONS (DFG AP — Revised 03/06) 10. DVBE Participation and Reporting Requirements (when required): The Contractor agrees to use Disabled Veteran Business Enterprise (DVBE) subcontractors or supplies originally identified by the Contractor unless the Contractor requests substitution in writing beforehand to the Contract Manager and the Contractor Manager has approved such substitution. At a minimum, the request must include: a. A written explanation of the reason for the substitution; and b. The identity of the person or firm substituted. The request and the Contract Manager's approval is not to be construed as an excuse for noncompliance with any other provision of law, including but not limited to the subletting and subcontracting Fair Practices Act or any other Agreement requirements relating to the substitution of subcontractors. Failure to adhere to at least the level of participation for DVBE proposed by the Contractor may be cause for Agreement termination and recovery of damages under the rights and remedies due the State. 11. Disclosure Requirements: Any document or written report prepared in whole or in part pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through an Agreement with the State. The disclosure statement shall include the Agreement number and dollar amount of all Agreements and subcontracts .relating to the preparation of such documents or written reports. The disclosure statement shall be contained in a separate section of the document or written report. If the Contractor or subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. The Contractor shall include in each of its subcontracts for work under this Agreement, a provision which incorporates the requirements stated within this section. 12. Use of Subcontractors: If the Contractor desires to accomplish part of the services through the use of one (1) or more subcontractors, the following conditions must be met: a. The Contractor shall submit any subcontracts to the State for prior approval; b. The Agreement between the primary Contractor and the subcontractor(s) must be in writing; c. The subcontract must include specific language which establishes the rights of the auditors of the State to examine the records of the subcontractor relative to the services and materials provided under the Agreement; and d. Upon termination of any subcontract, the State shall be notified- immediately in writing. Further, any subcontract in excess of $100,000 entered into as a result of this Agreement, shall contain all applicable provisions stipulated in this Agreement. 13. Potential Subcontractor: Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons directly employed or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 14. Travel and Per Diem: The Contractor agrees that all travel and per diem paid its employees under this Agreement shall be at rates not to exceed those amounts paid to the State's represented employees under collective bargaining agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. Page 4 of 6 o EXHIBIT D — DFG ADDITIONAL PROVISIONS (DFG AP — Revised 03106) 15. Novation: If the Contractor proposes any novation Agreement, the State shall act upon the proposal within sixty (60) days after receipt of the written proposal. The'State may review and consider the proposal, consult and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the sixty (60) day period, and confirmed in writing within five (5) days. No novation shall become operative or otherwise binding on the State pursuant to this paragraph in the absence of a formal Agreement amendment which has been approved in accordance with all applicable State policy, laws, and procedures. 16. Priority Hiring Considerations (Agreements over $200,000): The Contractor agrees to give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200. 17. Liability Insurance (when required): When the Contractor submits a signed Agreement to the State, the Contractor shall furnish to the State a certificate of insurance stating that there is liability insurance presently in effect for the Contractor of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. The certificate of insurance will include provisions a., b., and c. in their entirety: a. The insurer will not cancel the insured's coverage without thirty (30) days prior written notice to the State; b. The State of California, its officers, agents, employees, and servants must be included as additional insured, by only insofar as the operations under this Agreement are concerned; and c. The State will not be responsible for any premiums or assessment on the policy. The Contractor agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, the Contractor agrees to provide, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided herein for not less than the remainder of the term of this Agreement, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of the Department of General Services, and the Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. DFG will not provide for nor compensate the Contractor for any insurance premiums or costs for any type or amount of insurance. The insurance required above shall cover all Contractor supplied personnel and equipment used in the performance of this Agreement. If subcontractors performing work under this Agreement do not have insurance equivalent to the above, Contractor liability shall provide such coverage for the subcontractor, except for coverage for error, mistake, omissions, or malpractice, which shall be provided by the subcontractor if such insurance is required by the State. 18. Worker's Compensation Insurance (when required): The Contractor certifies and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and the Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. 19. Computer Software: The Contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. Page 5of6 0 p. f 'EXHIBIT D — DFG ADDITIONAL PROVISIONS (DFG AP — Revised 03/06) 20. Inspection: The State, through any authorized representative, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder including subcontract supported activities and the premises in which it is being performed. If any inspection or evaluation is made by the State of the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require its subcontractor's to provide all reasonable facilities and assistance for the safety and convenience of the State's representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. 21. Force Majeure: Neither party shall be liable to the other for any delay -in or-- failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure ". As used in this section, "Force Majeure" is defined as follows: Acts of war and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible. 22. Forced, Convict, and Indentured Labor: No foreign -made equipment, materials, or supplies furnished to the State pursuant to this Agreement may be produced in whole or in part by forced labor, convict labor, or indentured labor. By submitting a bid to the State or accepting a purchase order, the Contractor agrees to comply with this provision of the Agreement. This requirement does not apply to public works Agreements. 23. Consultant — Staff Expenses: The Contractor represents that it has or shall secure at its own expense, all staff required to perform the services described in this Agreement. Such personnel shall not be employees of or have any contractual relationship with the California State Department of Fish and Game or any other governmental entity. 24. Contractor's Duties, Obligations, and Rights: The Contractor is hereby apprised that California Public Contract Code Sections 10355 through 10382 is applicable and relative to the Contractor's duties, obligations, and rights in performing services under this Agreement. 25. Evaluation of Contractor (over $5,000): Performance of the Contractor under this Agreement will be evaluated. The evaluation shall be prepared on a Contract/Contractor Evaluation Sheet (STD 4), and maintained in the Agreement file. If the Contractor did not satisfactorily perform the work or service,. a copy of the negative evaluation form will be submitted to the Contractor and to the Department of General Services, Legal Division, within fifteen (15) days of the completion of the evaluation. The Contractor will have thirty (30) days to prepare and send statements defending its performance under the Agreement. The evaluation of the Contractor shall not be a public record. 26. Progress Reports or Meetings (when required): The Contractor shall submit progress reports or attend meetings with the State personnel not more often than monthly to allow the State to determine if the Contractor is on the right track, whether the project is on schedule, provide communication to interim findings, and afford occasions for airing of difficulties or special problems encountered so that the remedies can be developed quickly. At the conclusion of this Agreement, the Contractor shall hold a final meeting with the State during which the Contractor shall present his /her findings, conclusions, and recommendations. 27. Legal Contracts (only): In accordance with Public Contract Code Section 10353.5, the Contractor shall: • Agree to adhere to legal costs and billing guidelines designed by the State Agency; • Adhere to litigation plans designated by the State Agency; • Adhere to case phasing of activities designated by the State Agency; • Submit and adhere to legal budgets as designated by the State Agency; • Maintain legal malpractice insurance in an amount not less than the amount designated by the State Agency; • Submit to legal bill audits and law firm audits if requested by the State Agency. The audits may be conducted by employees and designees of the State Agency or by any legal cost control providers retained by the State Agency for this purpose; and • Submit to a legal cost and utilization review, as determined by the State Agency. Page 6 of 6