Sample_Contract.pdf

Sam ple

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2360030 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2360030 (SAMPLE)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

California Department of Fish and Wildlife

CONTRACTOR NAME

To Be Determined (TBD)

2. The term of this Agreement is:

START DATE

May 1, 2024 or upon contract approval, whichever is later

THROUGH END DATE

December 31, 2024

3. The maximum amount of this Agreement is:

$150,000.00 |One Hundred Fifty Thousand Dollars and Zero Cents

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages

Exhibit A Scope of Work 7

Exhibit A, Attachment

SRPER Map and Grow Sites 2

Exhibit A, Attachment

Cooperative Agreement 28

Exhibit A, Attachment

Field Survey Data Form 2

Exhibit B Budget Detail and Payment Provisions 4

Exhibit C * General Terms and Conditions (GTC 04/2017) *

Exhibit D Additional Provisions 10

Exhibit I Travel Reimbursement Information 3

Items shownwith anasterisk (*), are hereby incorporated by reference andmadepart of this agreement as if attachedhereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources

INWITNESSWHEREOF, THIS AGREEMENTHAS BEENEXECUTEDBY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

TBD

CONTRACTOR BUSINESS ADDRESS

TBD

CITY

TBD

STATE

TBD

ZIP

TBD

PRINTED NAME OF PERSON SIGNING

TBD

TITLE

TBD

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

Sam ple

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2360030 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2360030 (SAMPLE)

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish and Wildlife

CONTRACTING AGENCY ADDRESS

P.O. Box 944209

CITY

Sacramento

STATE

CA

ZIP

94244

PRINTED NAME OF PERSON SIGNING

Amy Mowrer

TITLE

Branch Chief, Business Management Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)

California Department of Fish and Wildlife Agreement Number: P2360030 Exhibit A – Scope of Work Contractor: To Be Determined (TBD)

(Version 03/2023)

1. Introduction of Services

The Contractor agrees to provide an initial assessment of twenty-two (22) historic illegal cannabis grow sites at the Santa Rosa Plateau Ecological Reserve (SRPER) for the California Department of Fish and Wildlife (CDFW) in accordance with the specifications, terms, and conditions contained herein. Final deliverables will include assessments of current conditions at each site, evaluations of cannabis related activity, and restoration plans for abatement and restoration of the sites.

2. Location of Services

The services will be performed at the following location(s):

See Exhibit A Attachment 1 for a map of SRPER and a list of twenty-two (22) historic illegal cannabis grow sites.

3. Service Schedule

The services will be provided between standard business hours, except on holidays. The Contractor will be required to obtain agreement, in writing, from the CDFW Contract Manager for any changes to the service schedule.

4. Project Officials

CDFW Project Officials Contractor Project Officials

Contract Manager Project Director Name: Jason Hwan Name: To be determined (TBD) Phone: (909) 665-0206 Phone TBD Email: Jason.Hwan@wildlife.ca.gov Email: TBD Address: 3602 Inland Empire Blvd

Suite C-220 Ontario CA, 91764

Address: TBD

Direct all inquiries to: Direct all inquiries to:

Name: Kris Philippon Name: Same as above

Address: 3602 Inland Empire Blvd, C220 Ontario CA, 91764

Address:

Phone: 909-481-7891 Phone:

Email: Kristin.philippon@wildlife.ca.gov Email:

Either party may make changes to the Project Officials by giving written notice to the other party. Said changes will not require an amendment to this Agreement.

mailto:Jason.Hwan@wildlife.ca.gov mailto:Kristin.philippon@wildlife.ca.gov

5. Scope of Work

A. Background and Objectives

The SRPER (~10,000 acres) is a hotspot for illegal cannabis grows in Southern California, with twenty-two (22) illegal grow sites having been identified at SRPER since 1993. Illegal cannabis grows continue to be observed at SRPER through the present day. Federally banned pesticides (e.g., carbofuran, methamidophos, and zinc phosphide) have been found at many of the illegal cannabis grows on public lands throughout Southern California, including at SRPER. The most recent illegal cannabis grow was identified in June 2022 and cleaned in November 2022.

CDFW owns most of SRPER, but smaller portions are owned by The Nature Conservancy, the County of Riverside, and the Metropolitan Water District (~2,500 acres owned by partner entities). Currently, there is a cooperative agreement (Exhibit A, Attachment 2) in place amongst all landowners wherein all of the approximate 10,000 acres of SRPER is conserved and managed as one unit referred to as “Plateau lands”.

CDFW’s responsibilities in the cooperative agreement include exercising “all its powers as trustee over the state’s wildlife resources to protect and manage the native species found on Plateau lands” (Paragraph 14a).

Illegal grows have been identified on both CDFW property and property owned by partner agencies. Because CDFW’s management authority calls for the protection of resources on all Plateau lands, the scope of this contract will cover illegal grows found on CDFW property and properties owned by partner entities.

To determine the restoration needs of the sites impacted by illegal cannabis grows, an initial assessment must be performed at all twenty-two (22) historic grow sites using a drone. If cannabis impacts are still observed at the site, an in-person assessment must be performed to provide detailed documentation of the impacts and resources present at the site. If a site is visited and cannabis impacts are non-existent or minimal, any trash that is found at the site will be removed. Hazardous waste will be flagged, and GPS coordinates will be recorded; but hazardous waste will not be removed from the site. The transport of hazardous waste is not covered by this agreement. After the site assessment, recommendations for restoration will be developed.

B. Work to be Performed

The Contractor will provide the following services:

Task 1: Visit sites impacted by illegal cannabis activity and perform an initial drone survey under the canopy of the site if a drone flight is feasible. If a drone survey cannot be performed, the survey will be performed in-person as described in Task 2.

Most of the sites are not located near roads and may require an extensive amount of hiking to reach the sites. A list of sites with GPS coordinates to determine proximity to established roads is found in Exhibit A, Attachment 1.

Objectives: Determine if any visual signs of cannabis activity are present and assess need for cleanup and restoration of site.

Deliverables:

• Based on the drone survey, the Contractor will provide the following:

o List of the types of materials related to cannabis activity observed at site (if any).

o Documented impacts of illegal cannabis activities on the landscape (including, but not limited to impoundments, existing or potential erosion, presence of trash and hazardous waste, terracing, spread of non-native plant vegetation in areas cleared for cannabis).

o Provide a breakdown of sites that need a follow-up in-person assessment (see Task 2) where cannabis-related activities are apparent and a list of sites where a follow-up assessment is not required because no apparent impacts were observed with drone assessment.

o Drone video of assessment sites along with georeferenced aerial imagery of all sites.

Task 2: If cannabis activity and impacts are detected from the drone survey, the Contractor will perform in-person field investigations, and complete the field survey data form (Exhibit A, Attachment 3 - Field Survey Data Form) for each site where an in-person field investigation is performed.

Objectives: Perform a detailed survey of the site that documents the general site conditions, all impacts of cannabis cultivation (including, but not limited to ground disturbance, vegetation clearing, impacts to aquatic habitat), the existing plant community, types of soil and soil health of the site, and types and quantity of trash (including hazardous waste materials).

• The Contractor will provide a completed field survey form that includes the following information:

o General site description.

o Impacts from illegal cannabis cultivation and observed disturbances.

o Current vegetation community with the percent cover of observed vegetation alliances following the standards and protocols1 established by the Vegetation Classification and Mapping Program (VegCAMP).

1https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=102342&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=102342&inline

▪ Documentation and identification of any non-native species observed.

o Types of trash that are initially present, including fertilizers, pesticides, polyethylene irrigation pipe, discarded food packaging, and hazardous waste chemicals.

o Soil assessment detailing soil type and compaction.

▪ Test for soil compaction at five (5) locations within the impact area and five (5) locations at a nearby unimpacted area of similar elevation within the same United States Department of Agriculture (USDA) soil series.

Task 3: For each site where an in-person field survey is conducted and passive restoration is recommended and where no follow-up visits will be recommended, the Contractor will remove trash from the site and dispose of trash at a waste facility. For all other sites, the Contractor will consult with the CDFW Contract Manager to determine waste removal needs. The Contractor will flag and record hazardous waste items only and will not remove hazardous waste from the site.

Objectives: Remove nonhazardous trash from sites to reduce waste-related impacts to natural resources.

• Trash will be removed from sites and hauled to an appropriate waste facility (see Exhibit A, Attachment 1 for a list of sites to determine proximity to established roads).

• Hazardous waste will be clearly flagged using survey flags and flagging tape affixed to a location above the hazardous waste item (or the nearest possible location). The GPS coordinates of the hazardous waste item will be recorded.

Task 4: Provide recommendations for implementing restoration at each site.

Objectives: Determine restoration goals for each site.

• For each site, the Contractor will provide a detailed report (see section C.

Reports) that includes the following components:

o Site assessment (including all the deliverables listed for Task 2 at a minimum).

o Description of a reference site.

▪ Based on methods used for vegetation and soil surveys employed for Task 2.

▪ Depending on site characteristics (biotic and abiotic), one reference site could be used for comparisons to multiple impacted sites.

o Goals.

▪ Long-term, broad outcomes including improved wildlife habitat, soil stability, improved water quality, and any other outcomes that the contractor deems necessary to meet the objective of this task.

▪ Specific objectives including measurable indicators of success (e.g., canopy cover, soil compaction, turbidity).

o Implementation plan.

o Monitoring Strategy.

o Schedule.

o Budget.

C. Reports

1. The report will be in the form of a restoration plan that includes, but is not limited to the following information:

a. An introduction section including a statement of purpose, scope of the project, and a general overview of the approach used to assess illegal cannabis sites.

b. A section that includes site-specific information for each site that includes, but is not limited to the following:

i. All impacts that were documented from illegal cannabis cultivation.

ii. Description of soil types, composition, and compaction.

iii. Description of the plant community.

iv. Recommendations for implementing restoration as described in Task

4 with special considerations for the following:

1. A native plant palette and success strategies for establishment including control of competing invasive species.

2. Soil remediation.

3. Earthwork to repair terracing, impoundments, and erosion potential.

v. Restoration goals including success criteria, quantifiable targets, and monitoring timelines.

vi. Completed field survey data forms.

c. A summary of information collected for Task 2 and site-specific information for Task 3 (if applicable) in tabular format (including at a minimum, the type and weight of trash removed), and types of hazardous waste found during in-person field investigations along with GPS coordinates and notes on color and location of flagging of the hazardous waste items.

d. A detailed description of the methods that were used to perform the assessment including rationale and references to established protocols or peer-reviewed literature.

e. A conclusion detailing the implications of cannabis-related impacts on resources found at SRPER, recommendations for reconnaissance of SRPER to detect unidentified or future illegal cannabis grows, and recommendations for preventing future illegal cannabis grows at SRPER.

f. Any additional information that is deemed appropriate by the CDFW Contract Manager.

2. Draft and final report must be in .docx format.

3. The Contractor will prepare and submit the draft report to the CDFW Contract Manager by email. The CDFW Contract Manager will have 30 days to provide comments on the draft report, after which a final report must be prepared. The CDFW Contract Manager may accept the draft report as the final report. The report will not be considered final until accepted and approved by the CDFW Contract

D. Schedule of Completion Dates

Activity Anticipated Due Date*

Task 1 June 1, 2024

Task 2 July 1, 2024

Task 3 July 1, 2024

Task 4 September 1, 2024

Draft Report Due November 1, 2024

Final Report Due December 1, 2024

*Changes to due dates must be agreed upon in writing by the Contractor and CDFW Contract Manager.

4. Contractor Minimum Qualifications/Requirements

A. The Contractor must have at least 10 years of in-house ecological restoration planning and implementation experience with extensive knowledge in the fields of botany, wildlife, invasive plant management, and ecological monitoring in Southern California native ecosystems.

B. The Contractor must have extensive experience working in Southern California native ecosystems that are present at SRPER, such as chaparral and oak woodlands.

C. The Contractor must provide an example of a successfully planned and implemented restoration project in Southern California that is conservation oriented.

The restoration plan must not be related to a regulatory project and the project must demonstrate that restoration goals outlined in the plan were achieved based on monitoring of the site post restoration.

D. The Contractor must have good quality working relationships with local government entities and provide at least two references to document working relationships with local government agencies.

E. The Contractor must have staff who hold a Qualified Applicator License from the

California Department of Pesticide Regulation and must provide proof of license in the bid submission.

F. The Contractor must have experience managing projects over $2 million.

5. Insurance Requirements

The Contractor will be required to maintain the following insurance coverage throughout the duration of this agreement and must supply proof of coverage upon request by CDFW.

Insurance must be in accordance with the Exhibit D CDFW Additional Provisions.

A. Commercial General Liability (limits not less than $1,000,000 per occurrence with a $2,000,000 annual policy aggregate).

B. Automobile Liability (limits not less than $1,000,000 combined single limit per accident).

C. Aircraft Liability (limits not less than $10,000,000 each accident).

D. Professional Liability (limits not less than $1,000,000 per occurrence and

$3,000,000 policy aggregate).

E. Workers Compensation and Employers Liability (limits of $1,000,000 are required.

The waiver of subrogation endorsement must also be provided).

The above policies must each be endorsed to include “the State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract”.

Exhibit A, Attachment 1– SRPER Map and Grow Sites Contractor: To Be Determined (TBD)

Figure 1. Map of the Santa Rosa Plateau Ecological Reserve showing historic illegal cannabis grows and land ownership.

Exhibit A, Attachment 1– SRPER Map and Grow Sites Contractor: To Be Determined (TBD)

Table 1. List of grow sites with locations.

Year Location Size Acres Latitude Longitude Plant Count

1993 Adobe Creek 0.5 33.51171 -117.258 200

1995 Adobe Creek 2 33.51171 -117.258 500

1998 Punta Mesa 5 33.51329 -117.249 3000

2000 Punta Mesa 3 33.51072 -117.247 2000

2001 De Luz Canyon 6.6 33.52713 -117.216 3000

2002 Dow 6 33.49648 -117.328 3000

2003 Vernal Pool Trail 2 33.50786 -117.278 700

2003 Adobe Creek 6.6 33.51171 -117.258 1300

2004 De Luz Canyon/Burro Unknown 33.53304 -117.223 40000

2010 Avocado Mesa Road Unknown 33.5037 -117.279 Unknown

2010 Dow Unknown 33.49875 -117.327 Unknown

2010 Mesa de Burro Unknown 33.53483 -117.227 7000

2010 Adobe Creek Unknown 33.51266 -117.26 Unknown

2012 Sylvan Meadows Unknown 33.53681 -117.292 Unknown

2016 Dow Unknown 33.49974 -117.329 Unknown

2017 Dow Unknown 33.495 -117.332 Unknown

2021 Cole Creek Unknown 33.544 -117.257 Unknown

2021 Cole Creek Unknown 33.548 -117.256 Unknown

2021 Avocado Mesa Road Unknown 33.503 -117.289 120

2021 Adobe Creek Unknown 33.5125 -117.263256 Unknown

2022 Cole Creek Unknown 33.548063 -117.259893 Unknown

2022 Sylvan Meadows Unknown 33.526467 -117.297700 Unknown f' ..

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Conservancy, a nonprofit Washington, D.C., corporation

("CONSERVANCY"); the Department of Fish and Game of the State of

California ("DEP ARTM:ENT"); the County of Riverside, a politiccil subdivision of the State of California ("COUNTY"); and the Fish and Wildlife

Service of the United States Department of the Interior ("SERVICE") .

This Cooperative Management Agreement ("Management Agreement'') is based on the following representations and statements of purpose:

Purpose

This Management Agreement defines the goals and responsibilities of the parties in managing and· administering certain lands on the Santa Rosa

Plateau, near. the City of Temecula, in the southwestern portion of Riverside

County, pursuant to the accompanying LAND USE AND MANAGEMENT

MASTER PLAN ("Management Plan") for the Santa Rosa Plateau, which is hereby incorporated into this Management Agreement and approved by .the parties, and creates an administrative structure for the parties for carrying out the Mana gem en t Plan.

The parties that either currently hold title or anticipate acquiring title to those lands desire to coordinate the protection, care, regulation, administration, improvement, and management of those lands, as a state

EXHIBIT'C

Part (4)

COOPERATIVE MANAGEMENT AGREEMENT

for lands on the

THE SANTA ROSA PLATEAU

in southwestern Riverside County

This Cooperative Management Agreement is made and entered into this i r G day of

I , 1991, by and among The

Metropolitan Water District of Southern California (referred to as

"METROPOLITAN" in this Management Agreement); The Nature 1

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KPhilippon Typewriter California Department of Fish and Wildlife Attachment 2- Cooperative Agreement

KPhilippon Typewriter P2360030

1s METROPOUTAN: ·

19 Sections 74 and 130, Metropolitan Water District Act (Deering's

20 Water Code, Uncodified Acts, Act 9129b); California

21 Environmental Quality Act (§21000 et seq., California Public .

22 Resources Code).

23 DEPARTMENT:

24 Sections 1580, 1802, and 2052, California Fish and Game

:zs Code; Section 21153, California Public Resources Code.

26 SERVICE:

-n- Fish and Wildlife Coordination Act (16 U.S.C. §661 et seq.).

2! Fish and Wildlife Improvement Act (16 U.S.C. §742£).

29 COUNTY:

30 Section 25353, California Government Code.

31 CONSERVANCY:

n Articles of Incorporation of The Nature Conservancy, a

33 nonprofit Washington, D.C., corporation.

" ' I ecological reserve, among themselves and with the SERVICE. The parties

2 recognize that their respective interests in those lands are subject to different

3 authorities and policies, but that this Management Agreement is intended by

• the parties to facilitate cooperation among them to the greatest extent

5 possible.

6 To this end, this Management Agreement and the Management Plan

7 are in furtherance of, are a part of, and are to be construed consistently with, a the "Agreement for the Use of Lands on the Santa Rosa Plateau in Mitigation

9 of Habitat Losses Resulting from Facilities. of The Metropolitan Water District

10 of Southern California to be constructed in Western Riverside County and I

11 Environs" entered into by METROPOLITAN, the DEPARTiv.fENT, and the

12 SERVICE ("Mitigation Agreement").

13 .

14 Authority

16 This Management Agreement is entered into under the following

11 authorities of the parties, among others:

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KPhilippon Typewriter California Department of Fish and Wildlife Exhibit A, Attachment 2- Cooperative Agreement

IS

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TiiEREFORE, The parties mutually agree as follows:

1. APPLICATION of MANAGEMENT AGREEMENT- This

Management Agreement applies to the administration and management of the following lands, which are collectively referred to in this Management

Agreement as the "Plateau lands":

a. Such portions of the CONSERVANCY'S existing holdings on the Santa Rosa Plateau, known as the Santa. Rosa Plateau Preserve, as the

CONSERVANCY may drsignate for the purposes of this Management

Agreement, irrespective of the ultimate disposition of title thereto. The designation shall become effective whenever the CONSERVANCY gives written notice to all the other parties of the designation and provides them with a written description and map of the land so designated.

b. All, or a portion of, lands commonly referred to as Santa Rosa Springs, and lying within the area described in Part (1) of Exhibit ·"C" of the

Mitigation Agreement, if owned by one or more of the parties to this

Management Agreement, except for any portion of those lands owned by

METROPOLITAN and held in trust for interim protection pursuant to the requirements of paragraph 2 (Interim Protection of Portions of Santa Rosa

Plateau Lands) of the Mitigation Agreement during such time as that portion is under interim protection. While the trust parcels are under interim protection they shall not be subject to this Management Agreement or the Management Plan. At such time as METROPOLITAN makes an election in accordance with paragraph 2 (Interim Protection of Portions of Santa Rosa

Plateau Lands) of the Mitigation Agreement to utilize the Plateau lands as ·

~tigation, the trust parcels shall become subject to, and managed in accordance with, this Management Agreement and the Management Plan. If

METROPOLITAN does not make that election, then trustee is authorized to dispose of the trust parcels in accordance with paragraph 2 (Interim Protection of Portions of Santa Rosa Plateau Lands) of the Mitigation Agreement.

c. Other lands in the vicinity, if acquired in the future and if the acquiring party or parties and all the parties to this Management Agreement agree to have those other lands administered and managed in conjunction with the lands described in subparagraphs (a) and (b) of this paragraph.

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2. GOALS- The _goal of this Management Agreement 2 is the cooperative management of the Plateau lands described in paragraph (1)

3 as a single ecological unit for the protection, restoration, and maintenance of

• the quality and diversity of their habitat values. In addition, the s CONSERVANCY, COUNTY; DEPARTMENT, AND SERVICE have as an

6 important secondary goal the accommodation and facilitation of research, 1 teaching, nature study and appreciation, historical and cultural interpretation

,s and similar educational and scientific activities that are appropriate to the

9 Plateau lands.

11 3. COMMON RESPONSIBILITIES- In accordance with their

12 respective rights, responsibilities, and authority, and in applying their

13 respective expertise, skills, and knowledge, the parties shall do the following:

14 a. Adopt, as needed, project- or site-specific plans governing 1s particular projects on Plateau lands, so long as each is consistent with, and in 16 furtherance of, the Management Plan, this Management Agreement, and the

11 management principles set forth in the Mitigation Agreement. Any such plan

11 shall be adopted only by unanimous approval.

19 b. Promote, develop, screen, review, and approve or disapprove

20 research projects affecting natural and historical resources on Plateau hmds.

21 c. Enhance public awareness of the natural and historical resource

22 ...values of the Plateau lands through on- and off-site interpretation.

23 d Provide for carefully controlled public access ..for research, 24 teaching, nature study and appreciation, historical and cultural interpretation, 2S and similar educational and scientific activities that. are appropriate to Plateau

26 lands. Access shall be provided for these activities only to the extent that they a occur without detriment to plants, and their habitats on Plateau

:zs lands and to historic structures and cultural artifacts located there. In 29 providing access the parties intend to carry out their in a 30 manner intended to obtain the maximum benefit available to them pursuartt

31 to Section 831.4 of the Government Code and Section 846 of the Civil Code.

32 Moreover, improvements undertaken by the parties shall be restricted to the

33 following:

34 (A) A residence for the Preserve Manager.

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VKhramtsov Typewriter s e. Adopt, subject to their respective legal or regulatory authority, 9 rules, regulations, or ordinances governing the conduct of the general public;

10 protecting the plants, wih:ilife, and their habitats; and assuring the full and 11 proper implementation of the Management Plan (Part (3) of this Exhibit C) on

12 Plateau lands. These rules, regulations, or ordinances may provide that they

13. do not apply to any officer, employee, agent, or contractor of any of the parties 14 while discharging his or her duties or responsibilities pursuant to this

15 Management Agreement or any unpaid volunteer authorized by .one of the

16 parties to assist in discharging its responsibilities.

11 f. Adopt, and provide for the enforcement of, any other rule, 1s regulation, or ordinance deemed necessary to govern the use of, and

19 permissible activities on, Plateau lands that are consistent with, or amplify or

20 strengthen, the Managemex:t Plan and the management principles set Jorth 21 in the Mitigation Agreement

g. Conduct their respective programs and otherwise exercise their .,:.

23 authority and carry out their responsibilities on the Plateau lands and 24 adjacent lands in a manner intended to protect the natural and historical

25 resources of the Plateau lands.

-T1 4. MANAGEMENT AGREEMENT ADMINlSTRATORS- To

:zs carry out this Management Agreement and ensure the coordinated

29 management of the Plateau lands, the parties hereby designate the following 30 as their representatives and administrators for this Management Agreement, 31 I I I I 32 ////

33 ////

34 ////

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California Department of Fish and Wildlife ECalifornia Department of Fish and Wildlife Ex(

(B) Facilities forthe -support and maintenance functions that must 2 be provided on Plateau lands.

3 (C) Minimal facilities that are essential to the safety and comfort of

• the visiting public.

5 (D) Minimal facilities that provide access, for day use only, to 6 environmentally resilient areas of the Plateau lands and provide for

1 the education and enjoyment of the visiting public.

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!5 a

The Metropolitan Water District of Southern California:

General Manager The Metropolitan Water District of Southern California P.O. Box 54153 Los Angeles, California 90054

10 The Nature Conservancy:

u Mr. Steve Johnson 13 Director, Science and Stewardship I<t The California Nature Conservancy 1s 785 Market Street, 3rd Floor · 16 San Francisco, California 94103

IS Department of Fish and Game:

20 Mr. Fred A. Worthley, Jr.

21 Regional Manager, Region V 22 Department of Fish and Game 23 330 Golden Shore, Suite 50 24 Long Beach, California 90802

26 County of Riverside:

rT

28 Mr. Paul D. Romero 29 Director, County Parks Department 30 P.O. Box 3507 31 Riverside, California 92519

33 U.S. Fish and Wildlife Service:

3s- Mr. Brooks Harper 36 . Office Supervisor 37 U.S. Fish and Wildlife Service 38 24000 Avila Road 39 Laguna Niguel, California 92656

<40

<41 . 5. MEETINGS- The parties shall meet at least quarterly until

42 March 1, 1994, and shall meet at least semi-annually thereafter. The

43 CONSERVANCY, or any party who may in the future become the Preserve

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1 until a successor is appointed and all parties are given notice thereof:

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Manager ref~ed t_9 -~ E_aragraph 12(a) (Conservancy Participation), shall be 2 responsible for convening meetings of the parties and shall preside at all such

3 meetings.

s 6. UNANTICIPATED ACTIONS- Every party shall be given the

6 opportunity to review and comment on any action proposed to be

1 undertaken by any of the parties on Plateau lands that is not explicitly a provided for in the Management Plan or an annual work plan provided for 9 in Paragraph 8 (Annual Budget and Wor~ Plan). If this review and comment

10 cannot be accomplished ~t a regular meeting of the parties, the party 11 proposing the action shall give written notice of the proposed action to the

·u other parties. The action shall not commence until at least forty-five days

13 have elapsed from the date notice was given. Any party not responding to

14 the notice within the 45-day period shall be deemed to have assented to the

1s action. No action may be proposed that is inconsistent with the ~anagement 16 principles set forth in Paragraph 8 (Management Principles) of the Mitigation

11 Agreement or the goals of, and the protection provided by, this Management

1s Agreement and the Management Plan. No action may be undertaken

19 pursuant to this procedure if objected to by any party.

21 7. EMERGENCIES -The procedure specified in paragraph 6

22 (Unanticipated Actions) does not apply to any emergency in which there

23 exists, or is believed to exist, a threatened or actual loss of habitat values, 24 structures, or facilities on Plateau lands or a threat to public safety on Plateau

25 lands. In the event of such an emergency, the party best situated to respond 26 may take such action as is consistent with the management principles set ZJ- fo~th in Paragraph 8 (Management Principles) of the Mitigation Agreement

28 and the goals of, and the protection provided by, this Management

29 Agreement and the Management Plan, and shall give notice thereof to the

30 other parties by any practicable means available as soon as possible after

31 initiating the response to the emergency.

33 8. ANNUAL BUDGET and WORK PLAN- By unanimous

34 approval, the parties shall adopt an . annual operating budget and annual

35 work plan setting forth the particular activities needed to carry out the

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IS Management Agreement. The budget need not reflect the value of any in-

16 kind services or other non-monetary support provided for the Plateau lands.

18 9. DEPOSIT of FUND~

19 a. COUNTY Funds -All funds appropriated by the COUNTY, 20 received by the COUNTY as revenue or grants, or doz:tated. to the COUNTY

21 for the administration and management of Plateau lands, shall be

22 administered by the COUNTY in a separate trust account established with the

23 Auditor-Controller of the County of Riverside solely for that purpose. The

24 COUNTY'S trust account may be audited annually by an auditor selected by

2S agreement of the parties, to be paid for out of the annual budget.

26 b. CONSERVANCY Funds-All funds received by the

7.7- cqNSERV ANCY for the administration and management of Plateau lands, 28 including funds disbursed by the DEPARTMENT, as provided in

29 subparagraph (c), shall be deposited in a budget center account established by

30 the CONSERVANCY solely for that purpose. The CONSERVANCY'S budget n center account may be audited annually by an auditor selected by agreement

32 of the parties, to be paid for out of the annual budget.

33 c. Other funds-Except as provided in subparagraphs (a) and (b) of

34 this paragraph 9 (Deposit of Funds), all funds granted or donated for the

3S administration and management of Plateau lands, including the endowment

.<!wing the ensuing year . The work plan shall consist of at 2 · least all activities relating to natural resource management and interpretation

3 and historical resource interpretation and may_also be used to assign

.. nonrecurring responsibility to one or more of the parties accepting s responsibility for carrying out particular activities. To assist the

6 CONSERVANCY in the preparation of the budget and work plan, each party

1 shall annually submit a report totaling past, actual, and future estimated a annual receipts and expenditures relating to the Plateau lands. The annual

9 budget shall reflect the amount of funds then available for expenditure from

10 all sources, including, but not limited to, income from any endowment n created by a party, earnings from the prior year on money in the special 12 deposit fund account authorized in paragraph 9(c) (Deposit of Funds), annual

13 appropriations from the parties, and donations received for the

14 administration and management of the Plateau lands pursuant to this

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~ccount.

23 substitute a different depositary for their funds at any time.

2S 10. METRO PO LIT AN'S PARTICIPATION- Because of its limited

26 expertise, METRO PO LIT AN does not assume responsibility for any aspect of

21- th~ day-to-day administration or management .of the Plateau lands in which

21 it has or may acquire an interest. However, as a party having interests in the

29 proper management of Plateau lands for their habitat values, 30 METROPOLITAN desires to participate in management decisions with the

31 other parties during at least the initial stages of carrying out this Management n Agreement. :METRO POUT AN may, at its own initiation, reduce its 33 involvement or withdraw from further participation and surrender all 34 responsibility under this Management Agreement at any time by giving

3!5 written notice to the other parties. METRO PO LIT AN shall withdraw from by pursuant to the Mitigation Agreement and any 2 funds provided by the DEPAR'ThfENT, shall be administered by the

3 DEPARTMENT. All funds granted or donated for the administration and .c management of Plateau lands, other than those specified in subparagraphs (a) s and (b) of this paragraph, shall be deposited with the State Controller in a 6 special deposit fund account established by the DEPARTMENT pursuant to 1 Section 16370 of the Government Code. Moneys deposited into the fund shall a be segregated into one of two sub-accounts: the habitat management account

9 or the interpretive programs and projects All funds consisting of the 10 endowment created by ?-4ETROPOLITAN pursuant to the Mitigation u Agreement shall be deposited in the habitat management account and shall 12 be managed in accordance with and subject to the Mitigation Agreement. The 13 principal amount of the endowment shall not be expended or reduced, but 14 shall be invested to provide income for the protection, restoration, and

1s maintenance of habitat values on the Plateau lands. All moneys in the

16 habitat management account, except the principal amount of the endowment

11 and a 4% inflation factor (which additional amount shall be retained in the ts account annually), shall be disbursed to the Preserve Manager for expenditure

19 in accordance with the annual operating budget. The Santa Rosa Plateau 20 Management Fund may be audited annually by an auditor selected by

21 agreement of the parties, to be paid for out of the annual budget.

22 METROPOLITAN, the SERVICE, and the DEPARTMENT may jointly

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1 -~e::...P~ticipation at such time as it no longer has any habitat value units

2 remaining on Plateau lands.

4 11. METROPOliTAN'S ENDOWMENT- Notwithstanding

5 paragraph 10 (METROPOUTAN'S Participation), the endowment created by

6 METROPOLITAN pursuant to the Mitigation Agreement remains subject to

1 all requirements of the Mitigation Agreement, regardless of whether s METROPOLITAN has withdrawn from participation under this Management

9 Agreement. The parties to this Management Agreement shall continue to ·

10 manage the funds provfded through METRO POUT AN'S endowment in

11 accordance with those requirements and, in particular, shall use the

12 endowment income only for purposes that are directly related to the

13 protection, restoration, and maintenance of habitat values on the Plateau

14 · lands. Aside from creating the endowment, METROPOliTAN shall have no

15 further obligation to cbntribute directly or indirectly towards any other costs

16 relating to the Plateau lands, except to the extent METROPOUTAN may be

11 determined pursuant to this Management Agreement to have an obligation

1s to indemnify. The DEP ART11ENT and the COUNTY intend to seek

19 additional fund~ to supplement METROPOLITAN'S endowment for natural

20 resource management.

22 12. CONSERVANCY'S PARTICIPATION- The CONSERVANCY

23 agrees to do the following:

24 a. Provide a Preserve Manag'er for the Plateau lands, with

25 responsibility for day-to-day operations affecting plant, wildlife, and other

26 natural resource values thereon and recruit and train additional staff to assist

'1:1 the Preserve Manager.

28 b. Carry out and administer the Management Plan and annual

29 work plans as they relate to the management of plant, wildlife, and other

30 natural resources and monitor natural resources on all Plateau lands. In the

31 event that a question of interpretation arises concerning a provision of the

32 Management Plan, an annual work plan, or a project- or site-specific plan, the

33 parties agree to defer to the CONSERVANCY for a determination of the

34 meaning thereof. If the CONSEI\V ANCY'S determination does not resolve

35 the question to the satisfaction of all parties, the parties shall attempt to

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_ ~e~d the plan to remove or correct the unclear or ambiguous provision, in 2 accordance with the procedure set forth in paragraph 17 (Amendment 3 Process). If the parties are unable to agree, then the matter shall be resolved 4 in accordance with the dispute resolution procedure set forth in paragraph 18 s (Dispute Resolution).

6 c. Exercise lead responsibility, in cooperation with the

1 DEPARTMENT and the SERVICE, for promoting, developing, screening, 8 reviewing, and approving research projects affecting natural resources on 9 Plateau lands designated as appropriate fo~ those purposes in the

10 Management Plan. Responsibility for the day-to-day activities of research . I

11 projects may be delegated to the Natural Reserve System of the University of 12 California, other institutions of higher education in California, public and

13 private primary and secondary schools, and other entities deemed appropriate · 14 by all of the parties.

ts d. Temporarily prohibit or restrict access to any area of Plateau

16 lands by the general public if access would adversely affect naturai resources

11 under circumstances that were not foreseen in the Management Plan or the

18 annual work plan. Notice of any closure or restriction shall be given as

19 promptly as feasible to the other parties. U it appears desirable to maintain

20 any such closure for more than six . months; the Management Plan or the

21 annual work plan, as the case may be, shall be amended to reflect the closure.

22 e. Prepare a proposed annual operating budget and work plan for

23 review and approval by the other parties.

24 f. Prepare a:'d disseminate an annual report on all aspects of the

2S administration and management of Plateau lands for the preceding year.

26 g. Adhere to all requirements of Paragraphs 8 (Management rz_ Principles) and 11 (Perpetual Protection) of the Mitigation Agreement, as if it

28 were a party thereto, insofar as it relates to the Plateau lands.

29 h. Provide for the costs of the activities listed in this paragraph, to

30 the extent not met by income from METROPOLITAN'S endowment and

31 from funds disbursed by the DEPARTMENT, but in an amount not to exceed

32 $40,000 annually. The CONSERVANCY shall not, however, be required to n provide services pursuant to this Management Agreement at a level that 34 exceeds total available funds, nor shall the CONSERVANCY be required to

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. r

__ .L _provide any service or provide for any costs at such time as the

2 CONSERVANCY is no longer i:i party to this Management Agreement.

I

13. COUNTY'S PARTICIPATION- The COUNTY agrees to do the

5 following:

6 a. Provide patrol, resource protection, and maintenance services, at

1 an annual cost currently estimated to be $46,500 for salary, benefits, and a equipment, and coordinate responses to emergencies by the COUNTY, the

9 DEPARTMENT, other law enforcement, fire departments, and search and

10 rescue units. Notwithstq.nding the foregoing sentence, the COUNTY is not

11 obligated to provide a level of protection to the trust parcel during such time

12 as it remains subject to paragraph 3 (Interim Protection of Portions of Santa

13 Rosa Plateau Lands) of the Mitigation Agreement in excess of the level of

14 services normally provided to unimproved land in unincorporated areas.

15 b. Provide, at such time as funding becomes available to the

16 COUNTY, additional COUNTY employees with responsibility for day-to-day

11 operations affecting the safety and comfort of the visiting public, supervision

18 of the visiting public, and interpretation of the historical resources on Plateau

19 lands.

20 c. Carry out the Management Plan and annual work plans as they

21 relate to the v~siting public-and historic interpretation.

22 d. As funds become available therefor and in. consultation with the

23 other parties, design and construct parking, comfort, and picnic facilities

24 serving the visiting public and restorations or replications of historical

2S structures. In the interim, the COUNTY shall, not later than March 1, 1996, 26 circulate to the parties tentative conceptual plans for all potential facilities.

e. Develop and carry out an interpretive program for both the u natural and historical resources of the Plateau lands, including recruiting and

29 supervising docents in cooperation with the California Wildlands Program

30 pursuant to the Native Species Conservation and Enhancement Act (§1750 et 31 seq., Calif. Flsh and Game Code).

32 f. Provide oral information or written orientation materials for

33 visitors to Plateau lands to acquaint them with rules governing their conduct, 34 the special needs of sensitive or fragile environments, and personal safety

35 considerations.

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I.

g. Adhere to all requirements of paragraphs 8 (Management 1 Principles) and 11 (Perpetual Protection) of the Mitigation Agreement, as if it 3 were a party thereto, insofar as it relates to the Plateau lands.

4 h. Provide for the costs of the activities listed in this paragraph s through funds available to the COUNTY. In particular, the COUNTY may fix

6 the amount and collect an admission fee for day-use visitation by the general

1 public as well as fees and charges for other activities occurring on Plateau

8 lands. The amount of the admission fee shall be consistent with the annual 9 COUNTY user fee schedule for park and recreation services and facilities and

10 shall comply with appli~able state law and county ordinances and regulations.

11 The fees and charges shall be dedicated solely to meeting the COUNTY'S 11 obligations for the protection, care, regulation, administration, improvement, 13 and management of the Plateau lands pursuant to this Management

14 Agreement. Annual wildlife area passes issued by the DEP ARTh1ENT

1s pursuant to the Native Species Conservation and Enhancement Act (§1750 et

16 . seq., Calif. Fish and Game Code) shall be valid to authorize entry. to Plateau

11 lands on conditions applicable to the general public without payment of any

18 additional fee by the bearer.

19 i. Perform routine maintenance of roads and other facilities and

10 litter abatement.

22 14. DEPARTMENT'S P ARTIOPATION- The DEPARTMENT

23 agrees to do the following:

24 a. Exercise all its powers as trustee over the state's wildlife 2S resources to protect and manage the native species found on Plateau lands.

26 b. Provide additional patrols by wardens, to supplement law ;p ~forcement by the COUNTY, and respond to emergencies.

28 c. Issue, pursuant to applicable law and regulations, permits to

29 properly qualified researchers.

30 d. Provide for vegetation manipulatiQn through prescribed

31 burning, or obtain those services through the California Department of n Forestry and Fire Protection and provide technical assistance on other aspects

33 of natural habitat management.

34 e. Assist the COUNTY in developing and carrying out an 3S interpretiveprogram for the natural resources of the Plateau lands as part of

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VKhramtsov Typewriter the California Wildlands Program pursuant to the Native Species 2 Conservation and Enhancement Act (§1750 et seq., Calif. Fish and Game

3 Code), and providing staff in connection therewith at such time as funding

" and staff are authorized.

5 f. Carry out the common intent of the parties that the Plateau

6 lands be designated and managed as a state ecological reserve under the

1 authority of Sections 1580 through 1585, inclusive, of the Fish and Game s Code. Given the cooperative nature of the acquisition and preservation

9 efforts of the parties, the DEP JillTMENT agrees to be bound in its

10 management activities by this Management Agreement. Accordingly, the

11 DEPARTMENT shall submit, for adoption by the California Fish and Game

12 Commission pursuant to Section 1580 of the Fish and Game Code such

13 regulations that pertain to the Plateau lands as are in furtherance of, and 14 conform in all respects to, this Management Agreement, after first obtaining a ts resolution of intent from the Commission to adopt such regulatiC?ns.

16 g. Provide for the costs of the activities listed in this paragraph

11 through funds available to the DEPARTMENT, seek appropriate budget

1s changes for staff needed in connection with this Management Agreement, 19 and, in addition, contribute funds, in the amount of at least $15,000 annually, 20 for deposit in the Santa Rosa Plateau Management Fund in accordance with

21 paragraph 9 (Deposit of Funds).

15.

24 following:

2S a.

b.

SERVICE'S PARTICIPATION- The SERVICE agrees to do the

Provide consulting services in biological management.

Whenever federal laws administered by the SERVICE are rr involved, the SERVICE may supplement law enforcement by the COUNTY

28 and the DEPARTMENT.

29 c. Review research proposals and make decisions on permits

30 pursuant to applicable laws and regulations, if appropriate.

31 d. Implement this Management Agreement subject to the n availability to the SERVICE .of appropriated funds.

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16. REDUCED FUNDING -

2 a. The parties shall endeavor to obtain funds for carrying out as

3 many provisions of this Management Agreement as feasible. However, the

4 unavailability or reduced availability of funding from any one of the parties

5 shall not operate to suspend or terminate this Management Agreement.

6 Whenever possible, the parties shall reduce the scope of activities to adapt to

1 changes in available funding, rather than terminate or suspend an activity.

a The parties recognize that the performance of each other under this

9 Managem~nt Agreement may, from time . to time, be unavoidably curtailed

10 due to lack of funding. 1.f activities must be suspended or terminated, priority 11 shall be given to continuing habitat management.

12 b. Any party that may hold title to any Plateau lands as tenant-in-

13 common hereby waives any right it may have to require any other tenant-in-

14 common to contribute to the costs relating to the management and .

15 administration of the Plateau lands proportionately to its respective

16 ownership interest in the Plateau lands. Instead, each tenant-in-common

11 shall contribute to those costs in accordance with the specific provisions of

11 this Management Agreement that govern the financial participation of each.

20 17. AMENDMENT PROCESS - This Management Agreement may

21 be amended by a written amendment approved unanimously by all of the

22 parties. The Management Plan and any annu~ work plan may be amended, 23 as necessary or desirable to adapt to changed circumstances or to respond to 24 needs identified in the course of monitoring, by a written amendment

25 approved unanimously by all of the parties.

26 a. Any party may propose an amendment by providing a written

~ c~py of the proposed amendment to the other p'arties. No amendment shall

:za become effective unless and until it has been approved in writing by all of the

29 parties. The amendment shall take effect upon approval of all parties, unless

30 a later date is agreed to.

31 b. No amendment may be proposed that is inconsistent with the

:n management principles set forth in the Mitigation Agreement or the goals of, 33 and the protection…