HomeMy WebLinkAboutContracts & Agreements_59-2009_CCv0001.pdf AGREEMENT BETWEEN
THE CITY OF REDLANDS
AND
THE INLAND EMPIRE RESOURCE CONSERVATION DISTRICT
THIS AGREEMENT for the removal of invasive plant species ("Agreement") is made
and entered into this 21"day of April 2009, by and between the City of Redlands ("City") and the
Inland Empire Resource Conversation District ("District"). City and District are sometimes
individually referred to herein as a"Party" and, together, as the "Parties."
RECITALS
WHEREAS, District, in cooperation with the Santa Ana Watershed Association, has
initiated a project for the removal of several invasive plant species ("Project"); and
WHEREAS, the plants targeted for removal include tree of heaven (4ilanthus altissima),
tree tobacco (JVicotiana glauca), castor bean (Ricinus communis), salt cedar (Tamarix
raniosissima) and giant cane (Arundo donax); and
WHEREAS, the intent of the Project is to remove these invasives from San Timoteo
Creek, including populations located on properties owned by City; and
WHEREAS, the Project will provide benefits to wildlife in addition to the human
population of the Project area because invasive species often overwhelm foreign ecosystems as
they tend to reproduce rapidly, grow in thick, pure stands, and out-compete the existing native
vegetation; and
WHEREAS, additional threats posed by invasive species include increased chance of
w ildf
ire and flooding as a result of the disturbances created in the soil and hydrology of the
microclimates they infest; and
WHEREAS, the overall goal of the Project is to eradicate invasives from all tributaries of
the Santa Ana River over the next 15 to 20 years in an effort to restore the river and surrounding
habitat to its native condition;
NOW, THEREFORE., in consideration of the mutual promises contained herein, City and
District agree as follows:
AGREEMENT
Section 1. Recitals. The Recitals of this Agreement are true and correct and are
incorporated herein by reference.
Section 2. Project Work. The removal of the invasives described herein from areas on
or near the Property shall be done at no cost to City. District and its contractors shall be
responsible for all removal activities and any damage or liability that may occur as a result of
carrying out the Project. The Project work will be performed with hand power tools and small
tractors with cutting attachments for shredding the plant material after it has been removed from
the soil. The plant biomass shall be shredded and either used to stabilize banks along waterways
where invasives were removed, or be taken to a dumping facility. A salt-based herbicide will be
applied to the Project area for a 5-year period to ensure the plants do not grow back and re-infest
the site. Additional measures designed to discourage re-infestation of invasives include
replanting with natives such as willow (Salix spp), Fremont cottonwood (Populous freniontii), and
mulefat (Baccharis salicifolia).
Section 3. Right of Entry. City hereby grants District and its contractors permission
to enter upon City property(hereinafter referred to as the "Property"), at a location on or near the
targeted invasives, for the sole purpose of performing work on the Project. District shall provide
City with forty-eight (48) hours advance written notice of its intent to enter upon the Property,
prior to any such entry and any performance of Project work.
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Section 4. Insurance and Indemnification.
A. Comprehensive General Liability Insurance. District shall secure
comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of
One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000)
aggregate for public liability, property damage and personal injury is required. The insurance
policies shall include provisions prohibiting modification of the coverage requirements or
cancellation of the policy except upon thirty(30) days prior written notice to City.
B. Business Auto Liability Insurance. District shall secure business automobile
liability coverage with minimum limits of Five Hundred Thousand Dollars ($500,000)per
occurrence, combined single limit for bodily injury liability and property damage liability. The
coverage shall include all District-owned vehicles, hired and non-owned vehicles used in
connection with the Project.
C. Policy Requirements. The insurance policies and coverage required by this
Section 4 shall be primary with respect to City and non-contributing to any insurance or self-
Zn
insurance maintained by City. City shall be named as an additional insured in all policies.
District shall deliver to City certificates and endorsements evidencing the insurance requirements
of this Section 4 prior to commencing any work in the Project.
Section 5. Hold Harmless. District shall defend, indemnify and hold harmless City
and its elected officials, officers and employees from and against any and all claims, losses and
liability, including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent or intentionally wrongful act or omission of District or its officers,
agents and employees in performing the Project work-,
Section 66. Attorneys' Fees, In the event any action is commenced to enforce or
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interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition
to any costs and other relief, be entitled to recover its reasonable attorneys' fees, including fees for
in-house counsel of the Parties at rates prevailing in San Bernardino County, California.
Section 7. Entire Agreement. This Agreement, including the exhibits incorporated
herein by reference, represents the entire agreement and understanding between the Parties as to
the matters contained herein. Any amendment to this Agreement shall be in writing and approved
by City and District.
Section 8. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
IERCD
CITY OF REDLANDS
_61
Jeofer es
Pat Gilbreath, Mayor Pro Tem
District Manager
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C/
Date Date
ATTEST:
CITY I CLERK
Enclosures:
Map of Project Area
Invasive plant information
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