STAFF REPORT. Contract with Southern California Mountains Foundation for Invasive Species Removal in Willow Hole Conservation Area

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1 ITEM 7B STAFF REPORT Subject: Contact: Contract with Southern California Mountains Foundation for Invasive Species Removal in Willow Hole Conservation Area Kathleen Brundige, Conservation Management Analyst Recommendation: Approve a contract with Southern California Mountains Foundation for a not to exceed amount of $34,000 to remove tamarisk from sensitive mesquite habitat in the Willow Hole Conservation Area. Background: The conservation of the mesquite hummock community is a specific goal of the Conservation Plan. Honey mesquite grows along earthquake fault zones and other high-water table areas in the Coachella Valley. Non-native tamarisk trees, also known as salt cedar and athel, can draw up to 200 gallons of water per tree per day, outcompeting native plant species such as honey mesquite and desert fan palms. Recommended management is removal of these tamarisk trees to protect water supplies in sensitive habitats. Removal of tamarisk involves cutting and removing the trees to reduce the potential for regrowth and encouraging establishment of native plant seedlings. In 2015, the Coachella Valley Mountains Conservancy awarded CVCC Proposition 1 grant funds to remove non-native tamarisk from mesquite hummock areas in the Willow Hole Conservation Area. Bids from various conservation corps and tamarisk removal teams were requested and evaluated. The Urban Conservation Corps (UCC) was contracted through the Southern California Mountains Foundation in January under the Executive Director s $25,000 signature authority. Urban Conservation Corps is local and provide the lowest rates for an experienced team. UCC provide chainsaws and any other tools required. A California licensed herbicide applicator is also required to accompany the team on tamarisk removal trips under direction from staff at CVCC. The UCC removed 2.7 acres as part of the first phase of the mesquite restoration for $23, Staff propose to continue contracting with the UCC for the next phase due to their considerable experience working with tamarisk and in sensitive natural areas. Work is subject to careful standards that limit impacts to the natural area. The treated areas must be revisited yearly to document their progress. Fiscal Impact: The Proposition 1 grant funds from CVMC provide the funding for this contract. The grant is for a not to exceed amount of $114,268 through December Funds were included in the FY 18/19 Monitoring and Management Program budget. Contract Finalization: Minor changes/revisions to the contract may be made for clarification purposes by the Executive Director and Legal Counsel prior to execution. Attachments: 1. Services Contract with Southern California Mountains Foundation

2 ITEM 7B Attachment 1 Services Contract Between Southern California Mountains Foundation (Urban Conservation Corps of the Inland Empire) and Coachella Valley Conservation Commission This Agreement is made and effective as of February 14, 2019 between the Southern California Mountains Foundation ( SMCF ) and the Coachella Valley Conservation Commission ( CVCC ) (collectively the Parties ) for the cooperative benefit of invasive weed removal of tamarisk and salt cedar on property owned and/or managed by CVCC in the Willow Hole Conservation Area, Desert Hot Springs, Riverside County, CA. WHEREAS, SCMF is an 501c3 non-profit whose mission is to connect communities to public lands and provide at-risk youth opportunities for workforce training and development on conservation projects in San Bernardino and Riverside Counties. WHEREAS, CVCC is a California joint powers authority pursuant to Government Code sections created to implement the Coachella Valley Multiple Species Habitat Conservation Plan ( CVMSHCP ) and is a governmental agency which holds and manages land in CVMSHCP conservation areas; Project Description: The long-term conservation and maintenance of the mesquite hummock natural community is a specific goal of the CVMSHCP. Hummocks of honey mesquite, Prosopis glandulosa torreyana, occur along earthquake fault zones and other high-water table areas in the Coachella Valley. These mesquite areas serve as habitat for several rare, threatened and endangered species associated with sand dunes, including the Coachella Valley fringe-toed lizard, Coachella Valley milkvetch, and Coachella Valley round-tailed ground squirrel. This project will help protect one of the most significant stands of mesquite hummocks remaining in the Coachella Valley. Honey mesquite are often found in palm oases, riparian habitats and more arid areas where the water table is at or near the surface. The best remaining example of a fault line mesquite hummock/sand dune community is found along traces of the San Andreas earthquake fault zone system, southeast of Desert Hot Springs in the Willow Hole Conservation Area. Mesquite hummocks here are located on either side of Palm Drive, north of the Interstate 10 freeway in Desert Hot Springs, Ca. Here, the San Andreas Fault (Banning branch) runs through an area of low sand dunes where honey mesquite occurs in low mounds. The project will enhance honey mesquite habitat in the Willow Hole Conservation Area by removal of tamarisk to improve the water available to mesquite hummocks and groundwater recharge. The project will require removing non-native tamarisk (Tamarix aphylla (athel) and Tamarix ramosissima (salt cedar)) from designated mesquite hummock areas in the Willow Hole Conservation Area. Removal of tamarisk will involve cutting the trees down and removing the stumps when possible to reduce the potential for regrowth and clearing the ground for establishment of native plant seedlings. All work will be completed by crews who will be subject to careful standards to limit impacts to the natural area. Monitoring during the tamarisk removal will ensure no impacts to sensitive plant, animal or cultural resources.

3 NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree to the following: 1. EFFECTIVE DATE: This Agreement is effective as of this 14 day of February 2019, having been executed by all Parties. 2. SCMF SHALL: a. Provide 7-10 trained Urban Conservation corps members and a crew supervisor to accompany a licensed herbicide applicator(s) and CVCC staff. b. Remove both species of tamarisk, including digging out the stumps to the greatest extent possible. In certain areas where stump removal is not feasible without impacts to sensitive cultural resources, crews will remove as much of the tree biomass as possible to restore the site to a natural condition. The crew will remove all cut and dead branches, limbs and other parts of cut tamarisk from the site. Materials will be disposed of in consultation with CVCC staff. c. Ensure that all crew members abide by the following measures: i. All dead plant material will be moved away from areas of moist or wet soil or disposed of at an authorized location. ii. Removal of tamarisk will be conducted by hand or mechanically as the preferred technique, with herbicide being used by a qualified applicator only when and where it is necessary to achieve effective removal. iii. Herbicide, when used, will be judiciously applied to targeted non-native invasive plants by hand, and will be documented by location, day/time and amount. Only spot herbicide (i.e. hand spray and/or backpack spray) application work will occur in wind conditions measuring less than 15 miles per hour with winds blowing away from sensitive areas to avoid impacts of wind drift of herbicide on surrounding native plants and nesting birds. A dye will be used to avoid overspray and over application. 1. To ensure effective control of tamarisk, low volume treatments of herbicides are applied to the cut stems of the tamarisk using a drizzle gun applying 1.5 to 2 pt /acres 2. Use a backpack sprayer or other application method which limits overspray by a licensed trained applicator. 3. Currently Imazapyr is the most widely used herbicide to control resprouts of tamarisk. Spot treatments add 1% v/v of a non-ionic surfactant or methylated seed oil. d. Provide transportation and tools necessary for crews to complete work outlined above. Tree removal will be for tree diameter less than 24. e. Ensure that all crew follow standard safety practices and receive on site training before work begins. f. Schedule and implement tamarisk removal to be completed by March 31, g. Invoice CVCC monthly for work completed at the hourly rate of $35.99/corps member/hour and a 22% indirect rate, for not to exceed $34,000 for work completed between February 18, March 31, Budget estimate attached as Exhibit A. i. Submit Invoices via at the end of the month to:

4 Contact: Address: Kathleen Brundige Management Analyst Coachella Valley Conservation Commission Fred Waring Dr. Suite 200 Palm Desert, CA Phone: ii. SCMF Contract Contact Information: Contact: Anitress Moreno Grants and Contracts Specialist Southern California Mountains Foundation Address: W. 26th Street San Bernardino, CA Phone: CVCC SHALL: a. Coordinate with SCMF Urban Conservation Corps staff to implement the project in impacted areas and provide needed support in the form of a licensed herbicide applicator and/or waste removal where applicable. CVCC staff have surveyed and documented the extent of invasive species and existing water levels and have photographed conditions before and after treatment/removal. b. Provide either a dumpster for disposal of excess vegetation or provide a maintenance team to dispose of the excess vegetation. c. Provide a licensed herbicide applicator to lead crews in herbicide application if required. d. Oversee and direct the project in all phases to ensure crews accomplish the project goals and keep impacts to the project area at a minimum. e. Provide a state licensed herbicide applicator for follow-up treatments to include monitoring and localized spot spraying to eliminate tamarisk resprouts and thus reduce competition with native plants. f. Provide payment within 30 days of receipt of SCMF invoice. 4. GENERAL PROVISIONS: a. COOPERATION: The Parties agree to cooperatively develop and implement invasive weed treatments.

5 b. MUTUAL COMMITMENT: It is understood that CVCC commitments set forth in this Agreement are contingent on SCMF continued fulfillment of all of their respective commitments contained herein. Likewise, SCMF commitments are contingent on CVCC continued fulfillment of their respected commitments contained herein. If either Party believes the other may fail or has failed to fulfill all of its commitments contained herein, the Parties shall promptly meet in an effort to resolve the alleged failure such that all Parties agree to continue to fulfill all of their commitments contained herein. C. COMPLETE AGREEMENT: Subject to the terms of all other agreements involving the parties hereto this Agreement contains the complete agreement of CVCC and SCMF in regards to the subject matter of this Agreement and there are no other agreements, oral or written except as are included within the terms of this contract. Any amendments or clarifications to this Agreement must be in writing executed by all Parties. D. SEVERABILITY: Should any provision of this Agreement be found to be void or unenforceable, it shall be severable from the rest of this Agreement and the remaining terms shall be enforced as if the unenforceable term has not existed. E. MUTUAL DRAFTING: This Agreement shall be deemed to have been drafted by all Parties, with each having equal say and status. In no event shall any term be interpreted more favorable as to one Party or another. F. TERM: Any party may withdraw from this Agreement upon thirty days written notice to the other Party. G. LIMITATIONS: Except as specified in the Agreement, nothing in this Agreement shall be construed as giving CVCC or SCMF the right or ability to bind the other or create any joint liability as regards to the activities under this Agreement. Nothing herein shall be construed as obligating the Parties to expend or be involved in any contract or other obligation for the future payment of money in excess of the appropriations authorized by law and administratively allocated for these projects. H. RECITALS AND EXHIBITS: The above recitals and all attached exhibits are incorporated herein by this reference. I. THIRD PARTY BENEFICIARIES: Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement. J. PRIVILEGES AND IMMUNITIES: Notwithstanding anything to the contrary in this Agreement, none of the Parties waives any of the privileges and immunities from liability, exemptions from laws, ordinances and rules, or any pension, relief, disability, worker s compensation and/or any other benefits which apply to the activity of officers, agents or employees of any other Party. K. INDEMNITY: Each Party shall indemnify, defend and hold harmless the other Parties and their respective members, directors, officers, agents and employees (each an Indemnified Party ), from and against any and all claims, demands, damages, liabilities, losses, costs

6 (including attorneys fees) and expenses (collectively, Claims ) arising out of, connected with, or incidental to this Agreement or acquisition, ownership, use, management, operation or maintenance of the Properties, except that a Party shall have no obligation to indemnify or hold harmless an Indemnified Party for Claims caused by negligent or wrongful act of that Indemnified Party. L. INSURANCE: I. Throughout the term of this Agreement, SCMF shall procure and maintain insurance, including Workers' Compensation as required by law for its personnel, and a one million dollar ($1,000,000.00) commercial general liability policy. SCMF shall include CVCC, its member agencies and any other interested and related party designated by CVCC, as additional insureds on this commercial liability policy for liabilities caused by SCMF in its performance of services under this Agreement and shall provide CVCC with a certificate verifying such coverage. In the event said insurance coverage expires at any time or times during the term of this Agreement, SCMF agrees to provide at least five (5) days notice prior to said expiration date and, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided herein for no less than the remainder of the term of the Agreement, or for a total period of not less than one (1) year. New certificates of insurance are subject to the approval of CVCC. In the event SCMF fails to keep in effect at all times insurance coverage as herein provided, CVCC may, in addition to any other remedies it may have, terminate this Agreement. II. III. CVCC, member agencies and any other interested and related party designated by CVCC are to be covered as additional insured as respects liability arising out of automobiles owned, leased, hired or borrowed by SCMF. The coverage shall contain no special limitations on the scope of protection afforded to the said additional insureds. Minimum requirements are $100,000/$300,000/$25,000. SCMF's insurance coverage shall be primary insurance as respects CVCC, its member agencies, and any other interested and related party designated by CVCC as additional insureds. Any insurance or self-insurance maintained by said additional insureds shall be in excess of SCMF's insurance and shall not contribute with it and, to the extent obtainable, such coverage shall be payable notwithstanding any act of negligence of CVCC, its members, or any other additional insured, that might otherwise result in forfeiture of coverage. Any failure to comply with reporting or other provisions of the policies, including breach of warranties, shall not affect coverage provided to said additional insureds. SCMF's insurance shall apply separately to each insured against whom claim is made or suit is brought. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by any party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to CVCC.

7 IV. SCMF shall provide worker s compensation insurance or a California Department of Insurance-approved self-insurance program in an amount and form that meets all applicable Labor Code requirements, covering all persons or entities providing services on behalf of SCMF and all risks to such persons or entities. V. Said insurance policy or policies shall be issued by a responsible insurance company with a minimum A. M. Best Rating of A- Financial Category X, and authorized and admitted to do business in, and regulated by, the State of California. VI. Evidence of all insurance coverage shall be provided to CVCC prior to issuance of the first Work Order. SCMF acknowledges and agrees that such insurance is in addition to SCMF 's obligation to fully indemnify and hold CVCC, its members and any other additional insureds free and harmless from and against any and all claims arising out of an injury or damage to property or persons caused by the acts or omissions of SCMF. Coachella Valley Conservation Commission: Name Tom Kirk Title Executive Director tkirk@cvag.org Signature Date Executed Southern California Mountains Foundation: Name Stacy Gorin Title Executive Officer sgorin@mountainsfoundation.org Signature Date Executed

8 Southern California Mountains Foundation Urban Conservation Corps of the Inland Empire Grant/Client: Coachella Valley Conservation Commission Project: Tamarisk Removal - Desert Hot Springs Starting date End date: A) Personnel Name & Title or Position Title Total Hours Hourly Wage Total 7 Corpsmember(s) for 8.00 hours per day for 11 days for 616 total hours. 616 ($ 35.99) -$ 22, Total - A) Personnel ($ 22, E) Contract(s): Item Quantity Cost per unit 11 day of Herbicide applicator & training for Corpsmember 11 ($ ) -$ 4, Total - E) Contract(s): ($ 4,400.00) Total Direct Costs ($ 26, Indirect rate at 22.00% ($5,845.36) Total Costs ($ 32,415.20