HomeMy WebLinkAboutContracts & Agreements_190-2019FUNDING AGREEMENT
This Funding Agreement ("Funding Agreement") is entered into by and between the
Inland Empire Resource Conservation District, a California public agency ("District"), and The
City of Redlands, a California public agency ("Recipient") This Funding Agreement is dated
September 17 , 2019 The District and the Recipient are sometimes referred to
individually herein as a "Party" and collectively as the "Parties "
RECITALS
WHEREAS, the District has established a Special Projects Fund ("SPF") to fund District
mission -focused work within the District's service area,
WHEREAS, the District advertised a Request for Proposals ("RFP") for fiscal year
2019-2020 for entities desiring SPF monies for projects meeting the District's mission and goals,
WHEREAS, the Recipient submitted a proposal in response to the RFP seeking funding
for phase 2 of the Ford Park pond restoration project which will include implementation of the
revegetation and bank stabilization project and as further described in Exhibit A to this Funding
Agreement, attached hereto and incorporated herein by this reference (collectively, the "Work"),
and
WHEREAS, District and Recipient each desire to enter into this Funding Agreement for
the reimbursement of certain costs of the Work to the Recipient by the District via the SPF upon
the terms and conditions set forth herein,
NOW, THEREFORE, the Parties agree as follows
TERMS
1 Term
1 1 Effective Date This Funding Agreement will become effective on the date first
set forth above ("Effective Date")
1 2 Term This Funding Agreement shall be in effect commencing upon the Effective
Date and shall automatically terminate June 30, 2020 unless otherwise agreed in writing by the
Parties or unless earlier terminated pursuant to the terms hereof, except that the indemnification
obligations herein shall survive any termination of this Funding Agreement
2 Representations and Warranties
Initial here P
2 1 Recipient's Warranties Recipient represents and warrants to District that, as to
the Recipient's actual current knowledge
(a) The Recipient is a public agency or duly formed corporation authorized
and qualified to do business in California,
(b) The Recipient owns and operates or otherwise has authority to access and
utilize the properties upon which the Work will be completed
(c) The Recipient shall provide to the District, on or before execution of this
Funding Agreement, any applicable public agency or corporate resolution or corporate bylaws
authorizing those individuals signing for the Recipient to sign and bind the Recipient, as well as
certificates of incumbency for those individuals signing for the Recipient, if applicable;
(d) The Recipient has taken all actions required by law to approve the
execution of this Funding Agreement,
(e) The Recipient's entry into this Funding Agreement and/or the
performance of the Recipient's obligations hereundei does not violate any contract, agreement,
or other legal obligation of the Recipient,
(f) The Recipient's entry into this Funding Agreement and/or the
performance of the Recipient's obligations hereunder does not constitute a violation of any state
or federal statute or judicial decision to which the Recipient is subject,
(g) There are no pending lawsuits or othei actions or proceedings which
would prevent or impair the timely performance of the Recipient's obligations under this
Funding Agreement,
(h) The Recipient has the legal right, power and authority to entei into this
Funding Agreement and to consummate the transactions contemplated hereby, and the execution,
delivery and performance of this Funding Agreement have been duly authorized and no other
action by Recipient is requisite to the valid and binding execution, delivery and performance of
this Funding Agreement, except as otherwise expressly set forth herein
The Parties each acknowledge that the foregoing warranties and representations are a material
part of this Funding Agreement
3 Recipient's Obligations
3 1 Work The Recipient shall complete or cause to be completed all of the Work in
compliance with all applicable laws and regulations of the United States, the State of California,
the District and all other public and governmental agencies having jurisdiction over any of the
Work, including but not limited to all required permitting and other approvals procedures
3 2 Schedule of Performance The Recipient shall diligently and in good faith pursue
and perform its obligations with respect to the Work and shall complete the work in accordance
with the schedule set forth in Exhibit A Upon the District's request, the Recipient shall inform
the District of the current status of progress on the Work and shall provide the District with
notice of completion of the Work
3 3 Application for Reimbursement Recipient shall submit to the District an
itemized application for reimbursement in a format acceptable to the District indicating the
amount of Work completed since commencement of the Work and since the last reimbursement
These applications shall be supported by evidence of costs accrued and such other
documentation as the District may require The Recipient shall certify that the Work for which
reimbursement is requested has been done The Recipient shall not submit applications for
reimbursement more than monthly Initial here 'J
3 4 Use of Financial Assistance The Recipient covenants and agrees that it shall use
any and all Financial Assistance, as defined below, paid by the District to the Recipient pursuant
to this Funding Agreement solely for the reimbursement of its actual costs for the Work and for
no other purpose
4. District's Obligations
4 1 Reimbursement The District agrees to pay to the Recipient a sum, not to exceed
SEVENTY THREE THOUSAND FOUR HUNDRED EIGHTY ONE DOLLARS ($73,481 00),
subject to the terms and conditions of this Funding Agreement, for the sole purpose of
reimbursing Recipient's actual, reasonable costs for the Work ("Financial Assistance") The
Financial Assistance shall not be considered the Recipient's sole source of funding for the Work
Notwithstanding anything in this Funding Agreement, the District's obligations to pay the
Financial Assistance to the Recipient are expressly contingent upon District's receipt of a timely
application for reimbursement on a form acceptable to the District and all evidence of costs
accrued and other documentation as the District may require.
4 2 Disbursement of Financial Assistance The District agrees to disburse that portion
of the Financial Assistance attributable to a portion of the Work for which (i) an application for
reimbursement has been submitted and (u) Recipient has submitted paid invoices or receipts for
the Work as provided in Section 3 Such disbursement shall be made within thirty (30) days of
receipt of an acceptable application for reimbursement and the collective amount of
reimbursements shall not exceed the total Financial Assistance award.
5 Indemnification Recipient agrees to indemnify, defend, and hold the District, its officers,
employees and agents, harmless from and against any and all liability, loss, expense, attorneys'
fees, or claims for injury or damages arising out of the performance of this Agreement and the
Work, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or
claims for injury or damages are caused by or result from the negligent or intentional acts or
omissions of Recipient, its officers, agents, or employees This section shall survive the
termination or expiration of this Funding Agreement
6 Prevailing Wages Recipient is aware of the requirements of California Labor Code
Sections 1720 et seq and 1770 et seq (collectively, "Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain "public
works" and "maintenance" projects If the Work qualifies as a "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, Recipient agrees to fully comply with such
Prevailing Wage Laws Recipient shall defend, indemnify and hold the District, its officials,
officers, 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 It
shall be mandatory upon the Recipient and all of its contractors and subcontractors to comply
with all applicable California Labor Code provisions, which include but are not limited to
prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices
(Labor Code Section 1777 5), certified payroll records (Labor Code Section 1776), hours of
labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors
(Labor Code Section 1777.1) Initial here `7411:)
7 Insurance
7 1 Minimum Requirement The Recipient shall furnish or cause to be furnished
to the District duplicate originals of and appropriate endorsements to the Recipient's
comprehensive general liability and automobile insurance policies (for owned and non -owned
vehicles) in the amounts set forth in Section 7 2, naming the District as additional or co -insureds
The Recipient shall also furnish or cause to be furnished to the District evidence satisfactory to
the District that any contractor with whom the Recipient has contracted for the performance of
work on the Properties carries Workers' Compensation insurance as required by law All
policies shall be "occurrence", not "claims made" policies and shall be primary and
non-contributing to any insurance that the District may elect to obtain Such policies shall
contain or be endorsed with a full waiver of subrogation clause The policies shall be issued by a
carrier admitted to do business in California, with a Best's rating of A -VII or better Said
policies shall provide that they shall not be canceled or reduced in types of coverage or amount
of coverage without at least thirty (30) days prior written notice to the District The policy
amounts set forth above shall not limit or define the extent of the Recipient's indemnity liability
pursuant to Section 4 2 or any other provision of this Funding Agreement, or arising as a matter
of law or at equity Initial here
7 2 Minimum Limits Recipient shall maintain limits no less than.
(a) General Liability $1,000,000 per occurrence for bodily injury, personal
injury and property damage If Commercial General Liability Insurance or other form with
general aggregate limit is used, the general aggregate limit shall be $2,000,000,
(b) Automobile Liability $1,000,000 per accident for bodily injury and
property damage If Automobile Liability Insurance with general aggregate limit is used, the
general aggregate limit shall be $2,000,000
7 3 Duration The obligations set forth in this section shall remain in effect until
the entirety of the Financial Assistance has been paid or the District's obligation to pay the same
has been excused or discharged
8. No Discrimination or Segregation Recipient covenants that.
8 1 No person shall, on the grounds of race, sex, creed, color, religion or national
origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to
discrimination in any activities, programs, or employment supported by this Funding Agreement
S 2 The Recipient shall not discriminate against any person on the basis of race, color,
creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the
performance of the Work or this Agreement Without limitation, the Recipient hereby certifies
that it will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, marital status or national origin
9. Prohibition Against Transfer or Assignment of this Funding Agreement The Recipient
may not transfer, assign, convey, encumber, or hypothecate any of its rights or obligations under
this Funding Agreement, without the express written consent of the District, which may be
given, withheld or conditioned in the District's sole, absolute and subjective discretion Without
limiting the generality of the foregoing, the Recipient may not assign any right it may have
pursuant to this Funding Agreement, including, without limitation, the right to receive the
Financial Assistance Payments, as security for Recipient's performance of any monetary or
non -monetary obligation to any third party 01 otherwise
10. Compliance with Laws The Recipient hereby assures and certifies that it has complied
with and will continue to comply with all applicable federal, state, and local laws, ordinances,
regulations, policies, guidelines, and requirements as they relate to acceptance and use of
Financial Assistance for the Work
11 Monitoring and Evaluation The District will monitor and evaluate the Recipient in the
performance of this Funding Agreement Authorized representatives of the District shall have
the right of access to all activities and facilities operated by the Recipient under this Funding
Agreement Facilities include all files, records, and other documents related to the performance
of this Funding Agreement Activities include attendance at staff, board of directors, advisory
committee and advisory board meetings, and observation of on-going program functions The
Recipient will ensure the cooperation of its staff and board members in such efforts The District
may conduct progress reviews. These reviews will focus on the extent to which planned Work
has been implemented and measurable goals achieved, effectiveness of the Recipient's
management, and impact of the Work
12. Records and Inspection Records, maps, field notes and supporting documents and all other
records pertaining to the use of Financial Assistance disbursed to the Recipient hereunder shall
be retained by the Recipient and available to the District for examination and for purposes of
performing an audit for a period of three (3) years from the date of expiration 01 termination of
this Funding Agreement Such records shall be available to the District and to appropriate
county, state or federal agencies and officials for inspection with advance notice and during the
regular business hours of the Recipient, excluding federal and state government holidays In the
event of litigation or an audit relating to this Funding Agreement or funds paid to the Recipient
by the District under this Funding Agreement, such records shall be retained by the Recipient
until all such litigation or audit has been resolved
13 Accounting At all times, the Chief Financial Officer or Treasurer of the Recipient shall
maintain the financial books and records of the Recipient to be established pursuant to this
Funding Agreement and maintained by the Recipient separate and apart from other Recipient
financial records and shall set forth all financial activity hereunder as a separate line item in the
annual budget of the Recipient
14 Audit Exceptions by State and Federal Agencies Recipient agrees that in the event the
Work performed hereunder is subject to audit exceptions, it shall be responsible for complying
with such exceptions and reimbursing the District the full amount of District's liability resulting
from such audit exceptions
15 Independent Contractor Both Parties in the performance of this Funding Agreement will
be acting in an independent capacity and not as agents, employees, partners, point ventures or
associates of one another The employees or agents of one Party shall not be deemed or
construed to be the agents or employees of the other Party for any purpose whatsoever, including
workers' compensation liability Recipient shall bear the sole responsibility and liability for 1)
all wages, salaries, and other amounts due such personnel in connection with their performance
of this Funding Agreement, 2) all reports and obligations respecting such personnel including,
but not limited to, social security taxes, income tax, withholding, unemployment insurance, and
workers' compensation insurance, and 3) furnishing workers' compensation benefits to any
person for injuries arising from or connected with services performed on behalf of the Recipient
pursuant to this Funding Agreement
16 Termination
16 1 For Cause In addition to all other rights and remedies granted to the Parties
under this Funding Agreement or available to them in equity or at law, either Party may
terminate this Funding Agreement and all of its obligations hereunder without cost or liability
upon an Event of Default as provided below
(a) Event of Default Each of the following shall constitute an "Event of
Default"
(i) The failure of Recipient to pay or perform any monetary covenant
or obligation hereunder or any of the documents executed in connection herewith, without curing
such failure within sixty (60) calendar days aftei receipt of written notice of such default from
the District (oi from any party authorized by the District to deliver such notice as identified by
the District in writing to Recipient).
(ii) The failure of Recipient or subcontractor to perform any
nonmonetary covenant or obligation hereunder or any of the documents executed in connection
herewith, without curing such failure within sixty (60) calendar days aftei receipt of written
notice of such default from the Recipient or the District (or from any party authorized by the
District to deliver such notice as identified by the District in writing) specifying the nature of the
event or deficiency giving rise to the default and the action required to cure such deficiency,
provided, however, that if any default with respect to a nonmonetary obligation is such that it
cannot be cured within a sixty (60) -day period, it shall be deemed cured if such Recipient or
subcontractor commences the cure within said sixty (60) -day period and diligently prosecutes
such cure to completion thereafter
(b) Notwithstanding anything herein to the contrary, the herein described
notice requirements and cure periods shall not apply to any Event of Default described in the
following sentence Voluntary cessation of the operation of the Work for a continuous period of
more than thirty (30) calendar days or the involuntary cessation of the operation of the Work in
accordance with the Funding Agreement for a continuous period of more than sixty (60) calendar
days, unless such cessation is approved, in writing, by the District
(c) Any failure or delay by a Party in asserting any of its rights or remedies as
to any default shall not operate as a waiver of any default or of any rights of remedies associated
with a default Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the Parties under this Agreement are cumulative and
the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
of any other default by the other Party
16 2 For Convenience In addition to its rights under Section 16 1 above, either
Party may terminate this Funding Agreement upon sixty (60) days' notice to the other Party that
termination of this Funding Agreement is in its best interests Notwithstanding the foregoing,
upon receipt of notice that the District intends to exercise its right to terminate this Funding
Agreement for convenience, the Recipient shall be entitled to reimbursement of actual,
reasonable costs relating to the Work that have been incurred by the Recipient as of the effective
date of termination upon submission of all documentation required by the District for such
reimbursement In the event Recipient notifies the District that it intends to exercise its right to
terminate this Funding Agreement, Recipient shall not thereafter be entitled to any additional
reimbursement of costs relating to the Work, other than such amounts as have already been
disbursed to the Recipient upon receipt by the District of all required documentation The
Recipient's obligations to retain records and the District's right to inspect such records shall
survive termination for convenience by either Party.
17. Notices All notices or other communications required or permitted hereunder shall be in
writing, and may be personally delivered or sent by United States registered or certified mail,
postage prepaid, return receipt requested, addressed to Parties at the addresses provided below,
subject to the right of either Party to designate a different address for itself by notice similarly
given Any notice so given by registered or certified United States mail shall be deemed to have
been given on the second business day after the same is deposited in the United States mail Any
notice not so given by registered or certified mail shall be deemed given upon receipt of the same
by the Party to whom the notice is given
DISTRICT
Inland Empire Resource Conservation District
25864-K Business Center Drive
Redlands, CA 92374
Attn Mandy Parkes, District Manager
RECIPIENT City of Redlands
35 Cajon Street
Redlands, CA 92373
Attn Tabitha Kevari
18 Personal Liability No board member, official, contractor, consultant, attorney or
employee of the District shall be personally liable to the Recipient, any voluntary of involuntary
successors or assignees, or any lender or other Party holding an interest in this Funding
Agreement in the event of any default or breach by the District, or for any amount which may
become due to the Recipient or to its successors of assignees, or on any obligations arising under
this Funding Agreement No board member, official, contractor, consultant, attorney or
employee of the Recipient shall be personally liable to the District, any voluntary or involuntary
successors or assignees, or any lender or other Party holding an interest in the Properties in the
event of any default 01 breach by the Recipient, or foi any amount which may become due to the
District or to its successors or assignees, or on any obligations arising under this Funding
Agreement
19 Costs In the event of the bringing of an action or suit by a Party hereto against another Party
hereunder by reason of any breach of any of the covenants or agreements or any inaccuracies in
any of the representations and warranties on the part of the other Party arising out of this
Funding Agreement or any othei dispute between the Parties concerning this Funding
Agreement, then, in that event, the prevailing Party in such action or dispute, whether by final
Judgment or out of court settlement shall be entitled to have and recover of and from the other
Party all costs and expenses of suit or claim, including actual attorneys ' fees
20. Amendments. The Recipient and the District agree to consider reasonable requests for
amendments to this Funding Agreement which may be made by any of the Parties hereto,
including any reasonable requests made by a source of additional funding for the Work Any
amendments to the Funding Agreement must be in writing and signed by the appropriate
authorities of both the District and the Recipient The District Manager is authorized on behalf
of the District to approve and execute minor amendments to this Funding Agreement with the
concurrence of District General Counsel, including, but not limited to, the granting of extensions
of time to the Recipient
21. General
21 1 Jurisdiction Any legal action or proceeding concerning this Funding Agreement
shall be filed and prosecuted in the appropriate California state court in the County of San
Bernardino, California Each Party hereto irrevocably consents to the personal jurisdiction of the
court The District and the Recipient each hereby expressly waive the benefit of any provision of
federal or state law or judicial decision providing foi the filing, removal, or change of venue to
any othei court or jurisdiction, including, without limitation, federal district court, due to any
diversity of citizenship between the District and the Recipient, due to the fact that eithei the City
or the District is a party to such action or proceeding, or due to the fact that a federal question or
federal right is involved or alleged Without limiting the generality of the foregoing, the
Recipient specifically waives any rights provided to it pursuant to California Code of Civil
Procedure Section 394 The Recipient acknowledges that the provisions of this Section 21 1 are
material consideration to the District for its entry into this Funding Agreement, in that the
District will avoid the potential cost, expense, and inconvenience of litigating in a distant forum
21 2 Interpretation. The District and the Recipient acknowledge that this Funding
Agreement is the product of mutual arms -length negotiation and drafting and that each Party has
been represented by legal counsel in the negotiation and drafting of this Funding Agreement
Accordingly, any rule of construction which provides that ambiguities in a document shall be
construed against the drafter of that document shall have no application to the interpretation and
enforcement of this Funding Agreement In any action or proceeding to interpret or enforce this
Funding Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict
with any specific provision of this Funding Agreement to determine and give effect to the
intention of the Parties
21 3 Counterparts This Funding Agreement may be executed in duplicate originals,
each of which is deemed to be an original, but when taken together shall constitute but one and
the same instrument This Funding Agreement and its Exhibits represent the entire
understanding of the Parties and supersedes all negotiations, letters of intent or previous
agreements between the Parties with respect to all or any part of the subject matter hereof
21 4 No Waiver Failure to insist on any one occasion upon strict compliance with any
of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant
or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one
time or more times be deemed a waiver or relinquishment of such other right or power at any
other time or times
21 5 No Third Party Beneficiaries The performance of the District's and the
Recipient's respective obligations under this Funding Agreement are not intended to benefit any
party other than the District or the Recipient, except as expressly provided otherwise herein No
person or entity not a signatory to this Funding Agreement shall have any rights or causes of
action against any Party to this Funding Agreement as a result of that Party's performance 01
non-performance under this Funding Agreement, except as expressly provided otherwise herein
21 6 Tax Effects The Recipient acknowledges that the benefits to be received by
Recipient hereunder may be taxable or have tax consequences pursuant to one or more
provisions of the United States Internal Revenue Code or California Revenue and Taxation
Code The Recipient acknowledges that the District has not made any representation to the
Recipient concerning the effect (if any) of such consequences and the Recipient acknowledges
that it has retained independent tax advice from advisors of its own choosing. The Recipient
shall be responsible for all tax consequences resulting from Recipient's entry into this Funding
Agreement or from any benefits which Recipient may receive pursuant to the provisions hereof
21 7 Entire Agreement This Funding Agreement constitutes the entire agreement
between Parties This Funding Agreement supersedes all prior negotiation, discussions and
agreements between Parties concerning the subject matters covered herein The Parties intend
this Funding Agreement to be the final expression of their agreement with respect to the subjects
covered herein and a complete and exclusive statement of such terms
21 8 Limitation of Liability The Recipient agrees that in no event will the District
become liable to the Recipient under this Funding Agreement foi any damages including but not
limited to, special damages, loss of revenue, loss of profit, operating costs or business
interruption losses, regardless of cause, including breach of contract, negligence, strict liability or
otherwise The limitations and exclusions of liability set forth in this Section shall apply
regardless of fault, breach of contract, tort, strict liability or otherwise of the District, its
employees or sub -consultants
21 9 Successors in Interest All of the terms, covenants and conditions of this Funding
Agreement shall be binding on and shall inure to the benefit of the Recipient and its permitted
nominees, successors and assigns Wherever the term "Recipient" is used herein, such term shall
include any permitted nominee, assignee or successor of the Recipient The qualifications and
identity of the Recipient are of particular concern to the District, and it is because of such
qualifications and identity that the District has entered into this Funding Agreement with the
Recipient No voluntary or involuntary successor -in -interest of the Recipient shall acquire any
rights or powers under this Funding Agreement except as expressly set forth herein The
Recipient may not assign or transfer all or any part of its rights or obligations under this Funding
Agreement without the prior written approval of the District, which may be given or withheld in
the District's sole discretion
22. Disclosure of Prosect Information The Recipient agrees to the terms of the Photo and
Information Waiver (Exhibit B) and will allow the District to release photos and project
information on any media platform including, but not limited to, social media, website, or printed
publications Inataal here SW
[Signatures on following pages]
Recipient
CITY OF REDLANDS
By
By 1—.—
Denise Davis, Mayor Pro Tem
ATTEST
Donaldson, City Clerk
SIGNATURE PAGE
to
FUNDING AGREEMENT
District
INLAND EMPIRE RESOURCE CONSERVATION DISTRICT
By aid ,4),(—MetriY4
Paul Williams, Board President
ATTEST
Board Secretary
EXHIBIT "A"
to
FUNDING AGREEMENT
Description and Timeline of Work
[ATTACHED BEHIND THIS COVER PAGE]
CITY OF REDLANDS FORD PARK POND ENHANCEMENT- PROJECT IMPLEMENTATION/TIMELINE
Purpose'
With a limited number of recreational waterfeatures in the Clity of Redlands ("City") the two ponds at Ford Park remain
popular assets to the community However, despite the recreational benefits these two ponds struggle to provide the
natural and educational benefits often found in similar pjj ,tp gwetlands Through the support of IERCD, the City of
Redlands will create a healthy wetland ecosystem while allowing for continued recreational use on three (3) docks
where visitors will learn the conservation values behind these two valuable assets (Note this application for May 1,
2018, funding is only for improvements on the upper pond)
Ford Park is a 27 -acre park with a picnic area, dog,p,AM tot -lot and lighted tennis courts Figure 1 below provides a
reference of its location within the City of Redlands
F+gure 1 Ford Park sits in the hurt of Redlands off of Interstate :J
Currently, easy accessibility al lows visitors towaIk, relax and fish around the ponds throughout the year Figure 2 below
illustrates the beauty and accessibility of the upper pond at Ford Park.
Figure 2- Visitors may approach and enjoy the pond without any visual or physical restriction
As seen in Figure 2 above, only small g rasses I i ne the perimeter of the pond with no stabilizing vegetation to mitigate the
impacts of daily foot traffic. Although wind and water flow naturally cause soil erosion, the slopes of the pond are
significantly impacted by visitors who gradually degrade and collapse the soil into the water while they fish, stand, or
walk the periphery Figures 3 and 4 below show the western portion of the upper pond ("Critical Slope") where foot
traffic continues to erode the slopes and widen the pond precariously close to the lower pond
Figure3 Erosion continues to push the Critical Slope closer to the lower pond
rigure3 The original slope of the upper pond once extended out to the end of the concrete channel, however the effects of foot
traffic [illustrated by the lack of growth on the compact dart path} increase_ rates of erosion
Planting freshwater marsh (FWM)vegetation near the Critical Slope to establish native species with supporting riparian
tree vegetation (willow and sycamore trees) will help stabilize the slopes and reduce soil erosion. Vegetation acts as a
buffer between the atmosphere and soil, which mitigates impacts of wind, water flow, and foot traffic Furthermore,
dense F1'JA•M vegetation will discourage visitors totraverse orfishfrom some slopes, which in turn will protect areas like
the Critical Slope from further erosion.
Planting FWM vegetation to reduce soil eras ionsimultaneouslycreates a stronger wetland ecosystem in Ford Park. This
gaj,ysnmg wetland, characterized by the lack of flowing water, contains little to no growth of native species or any
significant vegetation able to support a flourishing ecosystem Apart from providing habitat and a source of food for
wetland organisms, metals, pesticides and biological pathogens will be trapped by the new vegetation, and in some
cases charged into less harmful forms. In addition to the pleasant shady ,egrpf, created by riparian tree
vegetation, the larger roots also provide more soil stability Lastly, planting extensive vegetation will filter out sediment
and pollutants from runoff before entering groundwater aquifers and slow, the flow of water as a way of flood
mitigation.
In addition to the ecosystem enhancements from planting appropriate vegetation, the installation of small docks around
each pond will also reduce erozionwhile serving as literal platforms for education and relaxation. The docks will provide
a space off of the slopes for visitors to fish and view the ponds in a sustainable way Once on the docks, informational
signage posted on the railings will educate visitors on conservation values and the importance of natural systems In
collaboration with IERCD, the City of Redlands will convey the importance of wetland habitats and display directions for
how to reduce negative human impacts on the environment. Trash bins will also be installed on each dock to assure
visitors dispose of their refuse properly Lastly, the docks will enhance the recreational experience of the ponds and
make the visit more interactive than before
Project implementation.
The City of Redlands will collaborate with the environmental planners, engineers, and scientists from Dudek and IERCD
to improve the ponds at Ford Park. For the May 1, 2019, Special Project Fund application, the City will use the funds on
the upper pond only If the project is successful the City plans to apply for additional funding to improve the lower pond
in April, 2020
The City first needs to order and install three (3) docks (with accompanying trash bins) with its own crews Vegetation
should not be planted prior to the installation of the docks due the negative impact such installation may have on plant
health. The docks are intended to fit approximately ten to twelve people (10-12) comfortably, and will be twenty (20)
feetwide and extend ten (10) feet out intothe water During the 2019-2019 FY, the City workedwithp}tdk on finalizing
a site plan, illustrating specific vegetationtypes and locations, andwith IERCD ondesigning the informational signage to
educate visitors on a variety of conservation values and facts about the Rakqtring wetland.'
Prior to any planting, p6 will stabilize the Critical .Slope with FWM vegetation and fill to assure this portion of the
pond is secure The project will be completed in phases, and each dock will have two (2) FWM planting areas flanking
each side (for atotal of six (6) FWM planting areas around the upper pond) Each planting area will be ten (10) feet wide
and extend four (4) feet out into the water The City will first ask p,kto plant F WM vegetation on each side of the
one dock in order to provide City crews with an example to replicate for the remaining planting areas Per Dude) s.
direction, the City will purchase the vegetati on f rom a recommended supplier, and plant the remaining four (4) planting
areas During the City's biannual volunteer event in October, 2018, City and IERCD staff will oversee the volunteers and
assure proper planting of the riparian tree vegetation Any riparian tree planting not completed during the volunteer
event will be completed in the proceeding few months by City staff or additional volunteers
Throughout the entire implementation process, the City will assure proper fencing and drip irrigation to stabilize the
newly p1 a nted vegetati on Permanent wooden lodge pole fencing will line the Critical Slope and six (6) planting areas of
FWMvegetation, while tem porary fencing, will protect the npariantree vegetation Additionally, adequatesignage and
barriers will be in place to inform visitors of the purpose of the project and keep people from interfering with
construction. Upon completion of the upper pond enharicement,the City's Parks Division will maintain all the vegetation
and dock infrastructure for sustained use of the new and improved Ford Park upper pond
For more detailed implementation strategies, please seethe attached project maps and cons ultPIi.
Timeline.
August 2019— Install three (3) docks and three (3) trash bins
September2019—Order FWIvM and riparian tree vegetation from nursery recommended by Dudek
September/October 2019—j;? —MO stabilizes Critical Slope with FWM vegetation andfill/grading
October 2019— Order more FWMvegetationto be planted an each side of docks
October 2019— Plant ri pa rian tree vegetation withvolunteer assistance
0ctober/NovemberfDecember 2019-- City observes Dudek plant 1-2 planting areas with FWM vegetation
October/November/December 2019-- Create informational signage and post on docks
J a nua ry/Februaryfi'vf a rch 2020—City p1 a nts rem aining FWM and ri pa ri a n tree vegetation
April 2020 -Submit proposal for similar project on lower pond to IERCD
Ongoing—Parks Divis ion Ortmtilp, all vegetation and dock infrastructure
7 Riaparian Tree Planting Areas
Selected decompaction areas
along,bank & within riparian tree
planting zones
6 zones, approx 4:500 s.f )
Erosion Repair Areas
Soil fill & herbaceous
wetland plantings
(Approx. 6' w1750 s t.)
�— Erosion Repair Areas
Decampact bank/blend
to fill area herbaceous
wetland plantin s &
penmeter wooden fence
(Approx 2' w1240 s.f.)
UPPER
FORD
POND
Dock Perimeter Planting
Selected decompaction areas
alongbank & lower. rade Use
soil to blend bank I�erbaceous
wetland plantings
(Approx. 8 w x 10', 80 s f ea )
6 areas total = 480 s f
V
a
DUDEK
FIGURE 1
PRELIMINARY POND REVEGETATION CONCEPT - PLAN
City of Rediandsfinland Empre Resource Conserv-anon C strict - Ford Park Pond improvement Project
BUDGET
OVERALL PROJECT BUDGET WORKSHEET
For the proposed project budget please see attached estimate from Nikk and the matching funds worksheet at
the bottom of this page for City's participation The amount of the proposed project estimatefrom minus
the matching funds from the City and the portion of the project completed in FY 2v18-2oalg equates to an overal I
project budget in the amount of S73,482-130
lERCD Special Projects Funds Budget Propos4
IERCD Special
Projects Funds Budget
Yearn
Yearn
Year3
Totals
Personnel
Yearn
Year3
Totals
Rate
Hours
Fringe Benefits
Hours
Rate
Hours
Total
Costs
Total
Hours
Personnel
$ee
attachment
Equipment
Employees.
Supplies
Employed
Overhead
Employee 3
Travel
-
Fnnge
Benefits
Budget Total
$73,481.40
PERSONNEL/FRINGE BENEFIT WORKSHEET
Instructions. all employeeswith anticipated projectinvoluementshould be included in the personnel
worksheet, including the following information
• Annual hourly compensation
• Anticipated annual hours
• Total anticipated costs by employee,year and cumulative project
• Fringe benefits/year
IERCD Special
Projects Funds Budget
- Personnel Breakdown
Year3
Yearn
Year3
Totals
Rate
Hours
Rate
Hours
Rate
Hours
Total
Costs
Total
Hours
Personnel
$ee
attachment
Employees.
Employed
Employee 3
Fnnge
Benefits
Personnel Nan-ative Please see attached project estimate from 42tdek and matching funds worksheet
below
EQUIPMENT BUDGET WORKSHEET
Instructions. equipment's defined as items identified as necessaryforconduction/facilitation of project,
in excessof 250 unit purchased
Equipment
Price/Unit
Equipment Bedget
No Needed
Worksheet
Total Cost
Application to project
Docks
x,656.00
3
SS,000
Citywill purchase and install
Provide ecological and recreational benefit
Trash Bins
Shoo
3
Sz$oo
City will purchase and install
Accompanying docks for waste management
Irrigation Drip emitters
28
$. 000
Installation of drip emitters for ri pari an trees
Protective fencing
S4,000
Installation of protective fence
Tree trimming
$2,000
Tree trimming
For additional equipment
provided by MOsee
attached estimate
$i$800
(City's budgetworksheetportion)
SUPPLIES BUDGET WORKSHEET
Instructions. supplies are defined as items identified as necessary for conduction/facilitation of project,
under 249 unit purchased
Equipment
Price/Unit
Supplies Budget
No. Needed
Worksheet
Total Cost
Application to project
Informational Signs
9
;�25o
11 install
nservati on vaIues
Teach visitors conserty vation
For additional equipment
provided by Dudes see
attached esti mate
S125o
(City's supply budget portion)
TRAVEL BUDGET WORKSHEET
See attached estimate from WO,
Mileage
YeariRate
Miles
Travel Budget Worksheet
Year 2 Rate
Miles
Year 3 Rate
Miles
Totals
OVERHEAD CALCULATION
Instructions: please provide your organization's overhead rate and anticipated total portion of budget
allocated to this item, in addition to and background on overhead rate determination
N/A
FUNDS SUMMARY
Please list any matching funds to supplement Special Projects Funding, including both source and total
funding, according to SPF timeline Matching funds are not required but are considered as part of
evaluation of SPF requests
Matching Funds Worksheet from City
Furrd5ourre
Year.
Match
Year2
Match
Year;
Match
Total Match
(see above sections for supplies
and equipment)
$1.8,o5 Cs
The City is able to contribute approximately $18 050forthe matching funds of this project in the form of
the purchasing and installation of the three docks, trash bins, OM emitters for riparian trees, protective
fencing, tree trimming and educational signs.
Furthermore, the City will be evorking with IERCD for resource agency coordination to reduce the
$15,000 to $20,000 amount to $5,000 In addition, post installation monitoring for 7 visits by DuAe,k,will
be limited to 3 as City staff will coordinate ;with IERCD additional monitoring of the project. This reduces
the projected $7 040 to $3,500 With the addition of the matching funds and coordination with IERCD
staff for the resource agency coordination and post installation the new proposed project budget
equates to $85,981.00
EXHIBIT "B"
to
FUNDING AGREEMENT
Photo and Information Release Form
[ATTACHED BEHIND THIS COVER PAGE]
THE INLAND EMPIRE RESOURCE CONSERVATION
DISTRICT PHOTO RELEASE FORM
I hereby grant the Inland Empire Resource Conservation District permission to use me and my
organization's likeness in a photograph, video, or other digital media ("photo") in any and all of
its publications, including web -based publications, without payment or other consideration.
I understand and agree that all photos will become the property of the Inland Empire Resource
Conservation District and will not be returned
I hereby irrevocably authorize the Inland Empire Resource Conservation District to edit, alter,
copy, exhibit, publish, or distribute these photos for any lawful purpose In addition, I waive any
right to inspect or approve the finished product wherein my likeness appears Additionally, I
waive any right to royalties or other compensation arising or related to the use of the photo
I hereby hold harmless, release, and forever discharge the Inland Empire Resource Conservation
District from all claims, demands, and causes of action which I, my heirs, representatives,
executors, administrators, or any other persons acting on my behalf or on behalf of my
organization have or may have by reason of this authorization