18-0619_MISSION RESOURCE CONSERVATION DISTRICT_E17_Agenda Report6t19t2018
817
FROM: fr*r^ in Siegel, City Manager
SUBM¡TTED BY: Joel Rojas, Development Services Di
DATE: June 19,2018
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
,"".ð.l/
TO:
SUBJECT Memorandum of Understanding with the Mission Resource
Conservation District to Administer a Weed Management Program
for Portions of Oso and San Juan Creeks Located within the City of
San Juan Capistrano.
RECOMMENDATION:
Approve and authorize the City Manager to finalize and execute a Memorandum of
Understanding, substantially in the form attached, with Mission Resource Conservation
District (Attachment 1), allowing the District to administer a weed management program
involving the removal of the invasive non-native plant Arundo donax (giant reed) from
Oso and San Juan Creeks at no cost to the City or affected private property owners.
EXECUTIVE SUMMARY:
Arundo donax (giant reed) is an invasive non-native plant that adversely impacts
several natural creeks in Southern California (Attachment 2). ln addition to degrading
the native creek habitat, Arundo increases flood and fire risks, consumes significant
water resources and provides cover for transient camps. The Mission Resources
Conservation District (MRCD), a non-regulatory unit of local government based in north
San Diego County, has received a state grant to remove Arundo from several creeks in
southern Orange County, including Oso Creek and San Juan Creek within the City of
San Juan Capistrano (Attachment 3). The Arundo removal work would be conducted by
MRCD at no cost to the City or affected property owners. Because the City and
individual property owners will benefit from lhe Arundo removal, staff is recommending
that the City Council approve and authorize the City Manager to finalize and execute a
Memorandum of Understanding (MOU) with MRCD that would allow MRCD to
administer its Arundo removal program within the City's jurisdiction.
City Council Agenda Report
June 19,2018
Paqe 2 of 3
SION/ANALY
The MRCD is a Resource Conservation District (RCD) that is based in Fallbrook. RCDs
are legal subdivisions of state government organized under the State's Public
Resources Code that are authorized and directed to advise and assist private
landowners and public agencies in the conservation of natural resources, including
water, plant materials and wildlife.
Partnering with the County of Orange, the MRCD has received a state grant to remove
Arundo stands in several creeks in southern Orange County. The County of Orange has
assisted MRCD by completing the required California Environmental Quality Act
(CEOA) review of the proposed Arundo removal work and by securing all the necessary
regulatory permits to conduct the work within the creeks. Because the MRCD functions
as an independent unit of local government, the City would need to enter into a formal
agreement to allow the MRCD to administer its weed management program within the
City's ju risd ictional boundaries.
The MRCD's proposed Arundo removal program will consist of removing stands of
Arundo from Oso and San Juan Creeks using hand crews. According to MRCD, most of
the Arundo stands will be cut with chain saws, and the cut canes will then be chipped on
site and spread along the levee banks or other disturbed creek areas to provide mulch.
Some small scattered Arundo stands may be treated with an aquatic approved
herbicide and left in place. The re-sprouting Arundo will be treated multiple times during
the first year and then annually in the fall. Native shrub cuttings may be installed in
portions of the creeks.
Right of Entry (ROE) Agreements with each private and public owner of creek property
affected by the Arundo removal will be secured by MRCD prior to any work being
performed. The ROE Agreements will make it clear to individual property owners that
the work will be performed by fully licensed and insured contractors at no cost to the
property owner. MRCD has identified the need to enter into five ROE Agreements for
the work in Oso Creek and 14 ROE Agreements for the work in San Juan Creek.
Pending successful execution of the ROE agreements with all property owners, the
Arundo removal work is expected to begin this fall.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. All of the Arundo
removal work will be performed by MRCD at no cost to the City or private property
owners.
City Council Agenda Report
June 19,2018
Paqe 3 of 3
RONMENTAL I
The required California Environmental Quality Act (CEOA) review of the proposed
Arundo removal work is the responsibility of the MRCD and has been completed by the
County of Orange.
PRIOR CITY NCIL REVIEW
Not Applicable.
COMMISSION/CO ITTEE/BOARD REVIEW AND MENDATIONS
Not Applicable
NOTIFICA
Judy Mitchell, MRCD
Jennifer Shook, County of Orange
ATTACHMENT(S)
Attachment 1 - Draft Memorandum of Understanding with MRCD
Attachment2 - Photo of Arundo donax
Attachment 3 - Aerial showing areas of Arundo removal
DRAFÏ,
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF SAN JUAN CAPISTRANO & MISSION RESOURCE CONSERVATION DISTRICT
FOR ARUNDO REMOVAL SERVIGES
THIS MEMORANDUM OF UNDERSTANDING ('MOU') is made and entered into as of
ffition orsani=ed;;ã'3;Jå,?J'ïL::'üill*""?1il""fi,ï iiä,f'3li''iiìfr ñSilHii:i
place of business a|32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and Mission
Resource Conservation District, a special district with its principal place of business at 130 East
Alvarado St., Fallbrook CA 92028 (hereinafter referred to as "District"). City and District are
sometimes individually referred to as "Party" and collectively as "Parties" in this MOU.
RECITALS
A. City is a public agency of the State of California and is in need of services for the
following project: Arundo removal and control in the City of San Juan Capistrano.
B. District is a resource conservation district specializing in Arundo removal and
control, and has the necessary qualifications to provide such services.
C. City can provide Arundo removal services within the City and desires to maintain
and preserve San Juan Creek and Oso Creek from invasive species; City desires to retain the
District for its expertise with Arundo removal and control and for its experience with permitting
and nionitoring;
C. The Parties desire by this MOU to establish the terms for City to retain District to
provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
District shall provide the City with the services described in the Scope of Services attached
hereto as Exhibit "4."
2. AdditionalWork.
lf changes in the work seem merited by District or the City, and informal consultations with
the other party indicate that a change is warranted, it shall be processed in the following manner:
a letter outlining the changes shall be foruvarded to the City by District with a statement of
estimated changes in fee or time schedule. An amendment to this MOU shall be prepared by the
City and executed by both Parties before performance of such services.. Such amendment shall
not render ineffective or invalidate unaffected portions of this MOU.
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ATTACHMENT I
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by District and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
District shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
6. Delavs in Performance.
a. Neither City nor District shall be considered in default of this MOU for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
party. For purposes of this MOU, such circumstances include but are not limited to, abnormal
weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances;
strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
. b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this MOU.
7. Compliance with Law.
a. District shall comply with all applicable laws, ordinances, codes and regulations of
the federal, state and local government, including Ca|/OSHA requirements.
b. lf required, District shall assist the City, as requested, in obtaining and maintaining
all permits required of District by federal, state and local regulatory agencies.
c. lf applicable, District is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this MOU. The District will contractually hold all sub-contractors working for the District
responsible for all costs of clean up and.or removal of hazardous and toxic substances spilled as
a result of his or her services or operations performed und this MOU.
8. Standard of Care
District's services will be performed in accordance with generally accepted professional
practices and principles and in a manner consistent with the level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
District shall not assign, sublet, or transfer this MOU or any rights under or interest in this
MOU without the written consent of the City, which may be withheld for any reason. Any attempt
to so assign or so transfer without such consent shall be void and without legal effect and shall
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constitute grounds for termination. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this MOU. Nothing contained herein shall prevent District
from employing independent associates, and subconsultants as District may deem appropriate to
assist in the performance of services hereunder.
10. lndependentDistrict
District is retained as an independent contractor and is not an employee of City. No
employee or agent of District shall become an employee of City. The work to be performed shall
be in accordance with the work described in this MOU, subject to such directions and
amendments from City as herein provided.
11. lnsurance.
District shall not commence work for the City until it has provided evidence satisfactory to
the City it has secured all insurance required under this section. ln addition, District shall not
allow any subcontractor to commence work on any subcontract until it has secured all insurance
required under this section.
a Commercial General Liabilitv
(¡) The District shall take out and maintain, during the performance of
all work under this MOU, in amounts not less than specified herein, Commercial General Liability
lnsurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) lnsurance Services Otfice Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability lnsurance must include coverage
for the following
(1) Bodily lnjury and Property Damage(2) Personal lnjury/Advertising lnjury(3) Premises/Operations Liability(4) Products/CompletedOperationsLiability(5) Aggregate Limits that Apply per Project(6) Explosion, Collapse and Underground (UCX) exclusion
deleted(7) Contractual Liability with respect to this Contract(8) Broad Form Property Damage(9) lndependentConsultantsCoverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the MOU.
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(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01 , or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liabilitv
(i) At all times during the performance of the work under this MOU,
the District shall maintain Automobile Liability lnsurance for bodily injury and property damage
including coverage for owned, non-owned and hired vehicles, in a form and with insurance
companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as lnsurance Services Otfice Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, otficers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers'Compensation/Emplover's Liabilitv
(i) District certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers' compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this MOU.
(ii) To the extent District has employees at any time during the term of
this MOU, at all times during the performance of the work under this MOU, the District shall
maintain full compensation insurance for all persons employed directly by him/her to carry out the
work contemplated under this MOU, all in accordance with the "Workersl Compensation and
lnsurance Act," Division lV of the Labor Code of the State of California and any acts amendatory
thereof, and Employer's Liability Coverage in amounts indicated herein. District shall require all
subconsultants to obtain and maintain, for the period required by this MOU, workers'
compensation coverage of the same type and limits as specified in this section.
d. Professional Liabilitv (Errors and Omissions)
At all times during the performance of the work under this MOU the District shall maintain
professional liability or Errors and Omissions insurance appropriate to its profession, in a form
and with insurance companies acceptable to the City and in an amount indicated herein. This
insurance shall be endorsed to include contractual liability applicable to this MOU and shall be
written on a policy form coverage specifically designed to protect against acts, errors or omissions
of the District. "Covered Professional Services" as designated in the policy must specifically
include work performed under this MOU. The policy must "pay on behalf of' the insured and must
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include a provision establishing the insurer's duty to defend
e.Minimum Policv L imits Reouired
(¡) The following insurance limits are required for the MOU
Combined Sinqle Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrenceEmployer's Liability
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(i¡) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional lnsured pursuant to this MOU.
f. Evidence Required
Prior to execution of the MOU, the District shall file with the City evidence of
insurance from an insurer or insurers certifying to the coverage of all insurance required herein.
Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed
by the insurer's representative and Certificate of lnsurance (Acord Form 25-S or equivalent),
together with required endorsements. All evidence of insurance shall be signed by a properly
authorized officer, agent, or qualified representative of the insurer and shall certify the names of
the insured, any additional insureds, where appropriate, the type and amount of the insurance,
the location and operations to which the insurance applies, and the expiration date of such
insurance.
g. Policv Provisions Required
(i) District shall provide the City at least thirty (30) days prior written
notice of cancellation of any policy required by this MOU, except that the District shall provide at
least ten (10) days prior written notice of cancellation of any such policy due to non-payment of
premium. lf any of the required coverage is cancelled or expires during the term of this MOU,
the District shall deliver renewal certificate(s) including the General Liability Additional lnsured
Endorsement to the City at least ten (10) days prior to the effective date of cancellation or
expiration.
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(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Ðistrict's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this MOU. District shall maintain such coverage continuously for a period of at
least three years after the completion of the work under this MOU. District shall purchase a one
(1) year extended reporting period A) if the retroactive date is advanced past the effective date
of this MOU; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another
claims-made policy with a retroactive date subsequent to the effective date of this MOU.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow District or others
providing insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. District hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the District from liability in
excess of such coverage, nor shall it limit the District's indemnification obligations to the City and
shall not preclude the City from taking such other actions available to the City under other
provisions of the MOU or law.
h. Qualifvino lnsurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:Vll and admitted to transact in the
business of insurance in the State of California, or otheruvise allowed to place insurance
through surplus line brokers under applicable provisions of the California lnsurance Code
or any federal law.
i. Additional lnsurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by District, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the District pursuant to this MOU, including but not limited to, the provisions
concerning indemnification.
(ii) lf at any time during the life of the MOU, any policy of insurance
required under this MOU does not comply with these specifications or is canceled and not
replaced, City has the right but not the duty to obtain the insurance it deems necessary and any
premium paid by City will be promptly reimbursed by District or City will withhold amounts
sufficient to pay premium from District payments. ln the alternative, City may cancel this MOU.
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(i¡¡) The City may require the District to provide complete copies of all
insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
MOU.
j. Subconsultant lnsurance Requirements. District shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultarits shall be endorsed to name the City as an additional insured using ISO form CG
20 38 0413 or an endorsement providing the exact same coverage. lf requested by District, City
may approve different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
12. lndemnification.
a. To the fullest extent permitted by law, District shall defend, with counsel of
City's choosing and at District's own cost, indemnify and hold the City, its otficials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to
any alleged acts, errors or omissions, or willful misconduct of District, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of the
District's services, the Project or this MOU, including without limitation the payment of all
consequential damages, expert witness fees and attorneys' fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent District's services are subject to Civil
Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness,
or willful misconduct of the District. District's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its officials, officers, employees, agents or
volunteers.
b. Additional I nitv Oblioations. District shall defend , with counsel of
City's choosing and at District's own cost, expense and risk, any and all Claims covered by this
section that may be brought or instituted against the City, its officials, officers, employees, agents
or volunteers. District shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its officials, officers, employees, agents or volunteers as part of any such claim,
suit, action or other proceeding. District shall also reimburse City for the cost of any settlement
paid by the City, its otficials, officers, employees, agents or volunteers as part of any such claim,
suit, action or other proceeding. Such reimbursement shall include payment for the City's
attorney's fees and costs, including expert witness fees. District shall reimburse the City, its
officials, officers, employees, agents and volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. District's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its officials, officers, employees, agents and volunteers.
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13. California Labor Code Requirements.
a. District is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain "public works" and "maintenance" projects. lf the
services are being performed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, District
agrees to fully comply with such Prevailing Wage Laws, if applicable. District shall defend,
indemnify and hold the City, its officials, otficers, employees and agents free and harmless from
any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. lt shall be mandatory upon the District and all
subconsultants to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages, employment of apprentices, hours of labor and debarment of
contractors and subcontractors.
b. lf the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the District
and all subconsultants performing such Services must be registered with the Department of
lndustrial Relations. District shall maintain registration for the duration of the Project and require
the same of any subconsultants, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of lndustrial Relations. lt shall be District's sole
responsibility to comply with all applicable registration and labor compliance requirements.
14. Verification of Emplovment Eliqibilitv
By executing this MOU, District verifies that it fully complies with all requirements and
restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the lmmigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Laws and Venue.
This MOU shall be interpreted in accordance with the laws of the State of California. lf
any action is brought to interpret or enforce any term of this MOU, the action shall be brought in
a state or federal court situated in the County of Orange, State of California.
16 TerminationorAbandonment
a. City has the right to terminate or abandon any portion or all of the work
under this MOU by giving ten (10) calendar days written notice to District. ln such event, City
shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay District the reasonable value of services
rendered for any portion of the work completed prior to termination. lf said termination occurs
prior to completion of any task for the Project for which a payment request has not been received,
the charge for services performed during such task shall be the reasonable value of such services,
based on an amount mutually agreed to by City and District of the portion of such task completed
but not paid prior to said termination. City shall not be liable for any costs other than the charges
or portions thereof which are specified herein. District shall not be entitled to payment for
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unperformed services, and shall not be entitled to damages or compensation for termination of
work.
b. District may terminate its obligation to provide further services under this
MOU upon thirty (30) calendar days' written notice to City only in the event of substantial failure
by City to perform in accordance with the terms of this MOU through no fault of District.
17 Documents
Except as otherwise provided in "Termination or Abandonment," above, all original field notes,
written reports, Drawings and Specifications and other documents, produced or developed for the
Project shall, upon payment in full for the services described in this MOU, be furnished to and
become the property of the City.
18. Orqan ization
District shall assign as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City
19. Limitation of MOU.
This MOU is limited to and includes only the work included in the Project described above
20. Notice
Any notice or instrument required to be given or delivered by this MOU may be given or
delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA92675
Attn: Joel Rojas, Development Services
Director
DISTRICT:
Judith Mitchell
District Manager
Mission Resource Conservation District
130 East Alvarado Street
Fallbrook, California 92028
ph: (760) 728-1332
judy@missionrcd.org
and shall be effective upon receipt thereof.
21. Third Partv Riqhts
Nothing in this MOU shall be construed to give any rights or benefits to anyone other than
the City and the District.
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22. Equal Opportunity Emplovment.
District represents that it is an equal opportunity employer and that it shall not discriminate
against any employee or applicant for employment because of race, religion, color, national origin,
ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Entire MOU
This MOU, with its exhibits, represents the entire understanding of City and District as to
those matters contained herein, and supersedes and cancels any prior or contemporaneous oral
or written understanding, promises or representations with respect to those matters covered
hereunder. Each party acknowledges that no representations, inducements, promises or
agreements have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This MOU may not be modified or altered except in writing signed by
both Parties hereto. This is an integrated MOU.
24. Severabilitv
The unenforceability, invalidity or illegality of any provision(s) of this MOU shall not render
the provisions unenforceable, invalid or illegal.
25. Successors and Assions
This MOU shall be binding upon and shall inure to the benefit of the successors in interest,
executors, administrators and assigns of each party to this MOU. However, District shall not
assign or transfer by operation of law or otheruvise any or all of its rights, burdens, duties or
obligations without the prior written consent of City. Any attempted assignment without such
consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this MOU shall be considered waived by either party, unless
such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this MOU
28. Citv's Rioht to Emplov Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
29. Prohibited lnterests
District maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for District, to solicit or secure this MOU.
Further, District warrants that it has not paid nor has it agreed to pay any company or person,
other than a bona fide employee working solely for District, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or making
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of this MOU. For breach or violation of this warranty, City shall have the right to rescind this MOU
without liability. For the term of this MOU, no director, official, officer or employee of City, during
the term of his or her service with City, shall have any direct interest in this MOU, or obtain any
present or anticipated material benefit arising therefrom.
ISTGNATURES ON FOLLOWTNG PAGEI
l1
lN WITNESS WHEREOF, the Parties have executed this MOU as of the date first written
above.
CITY OF SAN JUAN CAPISTRANO
By:
Ben Siegel
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM
By:
City Attorney
By:
Its:
Printed Name
t2
Exhibit A
Scope of Services
Proiect:
Arundo (giant reed) control in the City of San Juan Capistrano
Description of work:
The invasive non-native plant Arundo donax (giant reed) will be controlled within the City
of San Juan Capistrano on the San Juan Watershed (Figure 1). Arundo stands will be
controlled by hand crews. Most stands of Arundo will be cut with chain saws, the cut
canes willthen be hauled to chippers, the materialwill be chipped and spread along levee
banks or other disturbed areas (providing mulch ground cover). Small scattered Arundo
stands may be treated and left in place. Arundo stands in Oso Creek may be left in place
due to difficult access and steep bank profiles. The re-sprouting Arundo will be treated
multiple times during the first year and then annually in the fall (typically between Sep 15th
and Nov 1sth). Native shrub plant cuttings (mule fat) may be installed in portions of the
site. Right of Entry Agreements (ROEs) will be secured by Mission RCD prior to any
work. These agreements will be obtained for any property, including the City, prior to
initiating work. Project pern¡itting is held by the County of Orange. Mission RCD willwork
with the County of Orange to complete all permitting requirements (monitoring and
reporting).
Work area:
Arundo stands have been identified for control on San Juan Creek and Oso Creek
(located within San Juan Watershed, Figure 1). A total of approximately 25 acres of
Arundo will be controlled
Time frame:
July 1't 2018 to July 1st 2028
l3
Photo
ATTACHMENT 2
Aerial
Oso Creek
San Juan Greek
South Orange County:
Arundo WorkAreas in
City of San Juan Capistrano
Arundo control work:25 acr€s
| | citv boundarv
-0 0.25 0.5 1 1.5 AMiles
ATTACHMENT 3