2021 RivCoParks Open-Space Dist - Volmar Natural Lands Consulting - Lake Cahuilla Risk AssessmentProfessional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
for
LAKE CAHUILLA WATER QUALITY AND RISK ASSESSMENTS
Between
RIVERSIDE COUNTY REGIONAL PARK AND OPEN-SPACE DISTRICT
and
VOLLMAR NATURAL LANDS CONSULTING
Professional Services Agreement
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TABLE OF CONTENTS
SECTION HEADING PAGE NUMBER
1.Description of Services ...................................................................................................... 3
2.Period of Performance ...................................................................................................... 3
3. Compensation ................................................................................................................... 4
4.Alteration or Changes to the Agreement ........................................................................... 5
5. Termination ....................................................................................................................... 5
6.Ownership/Use of Contract Materials and Products ......................................................... 6
7.Conduct of Contractor ....................................................................................................... 6
8.Inspection of Service: Quality Control/Assurance ............................................................. 7
9.Independent Contractor/Employment Eligibility ................................................................. 7
10.Subcontract for Work or Services ...................................................................................... 9
11. Disputes ........................................................................................................................... 9
12.Licensing and Permits ...................................................................................................... 9
13.Use by Other Political Entities ........................................................................................... 9
14.Non-Discrimination ........................................................................................................... 10
15.Records and Documents ................................................................................................. 10
16. Confidentiality ................................................................................................................... 10
17.Administration/Contract Liaison ......................................................................................... 11
18.Notices .............................................................................................................................. 11
19.Force Majeure ................................................................................................................... 11
20.EDD Reporting Requirements ........................................................................................... 11
21.Hold Harmless/Indemnification .......................................................................................... 12
22. Insurance ......................................................................................................................... 12
23. General ............................................................................................................................ 15
Exhibit A-Scope of Services & Cost Summary ..............................................................................
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This Agreement, made and entered into this day of , 2021, by and between VOLLMAR
NATURAL LANDS CONSULTING) (herein referred to as "CONTRACTOR"), and the RIVERSIDE
COUNTY REGIONAL PARK AND OPEN-SPACE DISTRICT, a park and open-space district created
pursuant to the California Public Resources Code, Division 5, Chapter 3, Article 3, (herein referred to as
"RIVCOPARKS"). The parties agree as follows:
1.Description of Services
1.1 CONTRACTOR shall provide all services as priced, outlined and specified in Exhibit ‘A’,
Scope of Services and Cost Summary;
1.2 CONTRACTOR represents that it has the skills, experience, and knowledge necessary to
perform under this Agreement and RIVCOPARKS relies upon this representation. CONTRACTOR shall
perform to the satisfaction of RIVCOPARKS and in conformance to and consistent with the highest standards
of firms/professionals in the same discipline in the State of California.
1.3 CONTRACTOR affirms this it is fully apprised of all of the work to be performed under this
Agreement; and the CONTRACTOR agrees it can properly perform this work at the prices stated in Exhibit A.
CONTRACTOR is not to perform services or provide products outside of the Agreement.
1.4 Acceptance by RIVCOPARKS of the CONTRACTOR’s performance under this
Agreement does not operate as a release of CONTRACTOR’s responsibility for full compliance with the
terms of this Agreement.
1.5 CONTRACTOR shall perform the Services in accordance with the provisions set forth in
Exhibit A, Scope of Services, which is attached hereto and incorporated herein by reference.
2.Period of Performance
2.1 This Agreement shall be effective upon signature of this Agreement by both parties and
continue in effect for one (1) year, unless terminated earlier. CONTRACTOR shall commence
performance upon signature of this Agreement by both parties and shall diligently and continuously
perform thereafter. RIVCOPARKS may extend the agreement to allow for payments on balance of
contract only; total amount shall not exceed the original contract amount, with no obligation by
RIVCOPARKS to purchase any specified amount of services. The Riverside County Regional Park and
Open Space District Board of Directors is the only authority that may obligate RIVCOPARKS for a non-
cancelable multi-year agreement.
2.2 RIVCOPARKS retains an option to renew on an “as-needed” basis with no obligation by
RIVCOPARKS to purchase any specified amount of services.
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3. Compensation
3.1 RIVCOPARKS shall pay the CONTRACTOR for services performed, products provided
and expenses incurred in accordance with the terms of Exhibit ‘A’, Scope of Services & Cost Summary.
Maximum payments by RIVCOPARKS to CONTRACTOR shall not exceed forty-four thousand six-
hundred and forty-six dollars ($44,646) annually including all expenses. RIVCOPARKS is not
responsible for any fees or costs incurred above or beyond the contracted amount and shall have no
obligation to purchase any specified amount of services or products. Unless otherwise specifically
stated in Exhibit ‘A’, Scope of Services & Cost Summary, RIVCOPARKS shall not be responsible for
payment of any of CONTRACTOR’s expenses related to this Agreement.
3.2 No price increases will be permitted during the first year of this Agreement. All price decreases
(for example, if CONTRACTOR offers lower prices to another governmental entity) will automatically be
extended to RIVCOPARKS. RIVCOPARKS requires written proof satisfactory to RIVCOPARKS of cost
increases prior to any approved price adjustment. After the first year of the award, a minimum of 30-days
advance notice in writing is required to be considered and approved by RIVCOPARKS. No retroactive price
adjustments will be considered. Any price increases must be stated in a written amendment to this Agreement.
The net dollar amount of profit will remain firm during the period of the Agreement. Annual increases shall not
exceed the Consumer Price Index- All Consumers, All Items - Greater Los Angeles, Riverside and Orange
County areas and be subject to satisfactory performance review by RIVCOPARKS and approved (if needed)
for budget funding by the Board of Directors.
3.3 CONTRACTOR shall be paid only in accordance with an invoice submitted to RIVCOPARKS
by CONTRACTOR within fifteen (15) days from the last day of each calendar month, and RIVCOPARKS shall
pay the invoice within thirty (30) working days from the date of receipt of the invoice. Payment shall be made
to CONTRACTOR only after services have been rendered or delivery of materials or products, and acceptance
has been made by RIVCOPARKS. Prepare invoices in duplicate. For this Agreement, send the original and
duplicate copies of invoices to:
Riverside County Regional Park and Open-Space RIVCOPARKS
Attn: Finance
4600 Crestmore Road, Jurupa Valley, CA 92509
OR: Email invoices to: parks -finance@rivcoparks.org
a)Each invoice shall contain a minimum of the following information: invoice number and date;
remittance address; bill-to and ship-to addresses of ordering department/division; Agreement
number PKARC-259; quantities; item descriptions, unit prices, extensions, sales/use tax if applicable,
and an invoice total.
b)Invoices shall be rendered monthly in arrears.
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3.4 RIVCOPARKS obligation for payment of this Agreement beyond the current fiscal year
end is contingent upon and limited by the availability of RIVCOPARKS funding from which payment can
be made. No legal liability on the part of RIVCOPARKS shall arise for payment beyond June 30 of each
calendar year unless funds are made available for such payment. In the event that such funds are not
forthcoming for any reason, RIVCOPARKS shall immediately notify CONTRACTOR in writing; and this
Agreement shall be deemed terminated, have no further force, and effect.
4.Alteration or Changes to the Agreement
4.1 The General Manager, or designee, is the only authorized RIVCOPARKS representative
who may at any time, by written order, alter this Agreement. If any such alteration causes an unanticipated
increase or decrease in the cost of, or the time required for the performance under this Agreement, an
equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the
Agreement shall be modified by written amendment accordingly.
4.2 Any claim by the CONTRACTOR for additional payment related to this Agreement shall
be made in writing by the CONTRACTOR within 30 days of when the CONTRACTOR has or should have
notice of any actual or claimed change in the work, which results in additional and unanticipated cost to
the CONTRACTOR. If RIVCOPARKS’ Purchasing Agent decides that the facts provide sufficient
justification, may authorize additional payment to the CONTRACTOR pursuant to the claim. Nothing in
this section shall excuse the CONTRACTOR from proceeding with performance of the Agreement even
if there has been a change.
5. Termination
5.1. RIVCOPARKS may terminate this Agreement without cause upon 30 days written notice
served upon the CONTRACTOR stating the extent and effective date of termination.
5.2 CONTRACTOR may terminate this Agreement without cause upon 60 days written
notice served upon RIVCOPARKS stating the intent and effective date of termination. CONTRACTOR
will return funds to RIVCOPARKS on a pro-rata basis, if applicable.
5.3 RIVCOPARKS may, upon five (5) days written notice terminate this Agreement for
CONTRACTOR's default, if CONTRACTOR refuses or fails to comply with the terms of this Agreement
or fails to make progress that may endanger performance and does not immediately cure such failure.
In the event of such termination, RIVCOPARKS may proceed with the work in any manner deemed
proper by RIVCOPARKS.
5.4 After receipt of the notice of termination, CONTRACTOR shall:
(a)Stop all work under this Agreement on the date specified in the notice of
termination; and
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(b) Transfer to RIVCOPARKS and deliver in the manner as directed by
RIVCOPARKS any materials, reports or other products, which, if the Agreement
had been completed or continued, would have been required to be furnished to
RIVCOPARKS.
5.5 After termination, RIVCOPARKS shall make payment only for CONTRACTOR’s
performance up to the date of termination in accordance with this Agreement.
5.6 CONTRACTOR’s rights under this Agreement shall terminate (except for fees accrued
prior to the date of termination) upon dishonesty or a willful or material breach of this Agreement by
CONTRACTOR; or in the event of CONTRACTOR’s unwillingness or inability for any reason whatsoever
to perform the terms of this Agreement. In such event, CONTRACTOR shall not be entitled to any further
compensation under this Agreement.
5.7 CONTRACTOR is not debarred from the System for Award Management (SAM). If the
Agreement is federally or State funded, CONTRACTOR must notify RIVCOPARKS immediately of a
debarment. Reference: System for Award Management (SAM) at https://www.sam.gov for Central
Contractor Registry (CCR), Federal Agency Registration (Fedreg), Online Representations and
Certifications Application, and Excluded Parties List System (EPLS)). Excluded Parties Listing System
(EPLS) (http://www.epls.gov) (Executive Order 12549, 7 CFR Part 3017, 45 CFR Part 76, and 44 CFR
Part 17). The System for Award Management (SAM) is the Official U.S. Government system that
consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.
5.8 The rights and remedies of RIVCOPARKS provided in this section shall not be exclusive
and are in addition to any other rights and remedies provided by law or this Agreement.
6.Ownership/Use of Contract Materials and Products
The CONTRACTOR agrees that all materials, reports or products in any form, including
electronic, created by CONTRACTOR for which CONTRACTOR has been compensated by
RIVCOPARKS pursuant to this Agreement shall be the sole property of RIVCOPARKS. The material,
reports or products may be used by RIVCOPARKS for any purpose RIVCOPARKS deems to be
appropriate, including, but not limit to, duplication and/or distribution within RIVCOPARKS or to third
parties. CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or
products without prior written authorization of RIVCOPARKS.
7.Conduct of Contractor
7.1 The CONTRACTOR covenants that it presently has no interest, including, but not limited
to, other projects or contracts, and shall not acquire any such interest, direct or indirect, which would
conflict in any manner or degree with CONTRACTOR’s performance under this Agreement. The
CONTRACTOR further covenants that no person or subcontractor having any such interest shall be
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employed or retained by CONTRACTOR under this Agreement. The CONTRACTOR agrees to inform
RIVCOPARKS of all the CONTRACTOR's interests, if any, which are or may be perceived as
incompatible with RIVCOPARKS’s interests.
7.2 The CONTRACTOR shall not, under circumstances which could be interpreted as an
attempt to influence the recipient in the conduct of his/her duties, accept any gratuity or special favor from
individuals or firms with whom the CONTRACTOR is doing business or proposing to do business, in
accomplishing the work under this Agreement.
7.3 The CONTRACTOR or its employees shall not offer gifts, gratuity, favors, and
entertainment directly or indirectly to RIVCOPARKS employees.
8. Inspection of Service; Quality Control/Assurance
8.1 All performance (which includes services, workmanship, materials, supplies and
equipment furnished or utilized in the performance of this Agreement) shall be subject to inspection and
test by RIVCOPARKS or other regulatory agencies at all times. The CONTRACTOR shall provide
adequate cooperation to any inspector or other RIVCOPARKS representative to permit him/her to
determine the CONTRACTOR’s conformity with the terms of this Agreement. If any services performed
or products provided by CONTRACTOR are not in conformance with the terms of this Agreement,
RIVCOPARKS shall have the right to require the CONTRACTOR to perform the services or provide the
products in conformance with the terms of the Agreement at no additional cost to RIVCOPARKS. When
the services to be performed or the products to be provided are of such nature that the difference cannot
be corrected; RIVCOPARKS shall have the right to: (1) require the CONTRACTOR immediately to take
all necessary steps to ensure future performance in conformity with the terms of the Agreement; and/or
(2) reduce the Agreement price to reflect the reduced value of the services performed or products
provided. RIVCOPARKS may also terminate this Agreement for default and charge to CONTRACTOR
any costs incurred by RIVCOPARKS because of the CONTRACTOR’s failure to perform.
8.2 CONTRACTOR shall establish adequate procedures for self-monitoring and quality
control and assurance to ensure proper performance under this Agreement; and shall permit a
RIVCOPARKS representative or other regulatory official to monitor, assess, or evaluate
CONTRACTOR’s performance under this Agreement at any time, upon reasonable notice to the
CONTRACTOR.
9. Independent Contractor/Employment Eligibility
9.1 The CONTRACTOR is, for purposes relating to this Agreement, an independent contractor
and shall not be deemed an employee of RIVCOPARKS. It is expressly understood and agreed that the
CONTRACTOR (including its employees, agents, and subcontractors) shall in no event be entitled to any
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benefits to which RIVCOPARKS employees are entitled, including but not limited to overtime, any
retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall
be no employer-employee relationship between the parties; and CONTRACTOR shall hold
RIVCOPARKS harmless from any and all claims that may be made against RIVCOPARKS based upon
any contention by a third party that an employer-employee relationship exists by reason of this
Agreement. It is further understood and agreed by the parties that CONTRACTOR in the performance of
this Agreement is subject to the control or direction of RIVCOPARKS merely as to the results to be
accomplished and not as to the means and methods for accomplishing the results.
9.2 CONTRACTOR warrants that it shall make its best effort to fully comply with all federal
and state statutes and regulations regarding the employment of aliens and others and to ensure that
employees performing work under this Agreement meet the citizenship or alien status requirement set
forth in federal statutes and regulations. CONTRACTOR shall obtain, from all employees performing work
hereunder, all verification and other documentation of employment eligibility status required by federal or
state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of
1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended.
CONTRACTOR shall retain all such documentation for all covered employees, for the period prescribed
by the law.
9.3 Ineligible Person shall be any individual or entity who: Is currently excluded, suspended,
debarred or otherwise ineligible to participate in the federal health care programs; or has been convicted
of a criminal offense related to the provision of health care items or services and has not been reinstated
in the federal health care programs after a period of exclusion, suspension, debarment, or ineligibility.
9.4 CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement.
CONTRACTOR shall not hire or engage any Ineligible Person to provide services directly relative to this
Agreement. CONTRACTOR shall screen all current Covered Individuals within sixty (60) days of
execution of this Agreement to ensure that they have not become Ineligible Persons unless
CONTRACTOR has performed such screening on same Covered Individuals under a separate
agreement with RIVCOPARKS within the past six (6) months. Covered Individuals shall be required to
disclose to CONTRACTOR immediately any debarment, exclusion or other event that makes the
Covered Individual an Ineligible Person. CONTRACTOR shall notify RIVCOPARKS within five (5)
business days after it becomes aware if a Covered Individual providing services directly relative to this
Agreement becomes debarred, excluded or otherwise becomes an Ineligible Person.
9.5 CONTRACTOR acknowledges that Ineligible Persons are precluded from providing
federal and state funded health care services by contract with RIVCOPARKS in the event that they
are currently sanctioned or excluded by a federal or state law enforcement regulatory or licensing agency.
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If CONTRACTOR becomes aware that a Covered Individual has become an Ineligible Person,
CONTRACTOR shall remove such individual from responsibility for, or involvement with,
RIVCOPARKS business operations related to this Agreement.
9.6 CONTRACTOR shall notify RIVCOPARKS within five (5) business days if a Covered
Individual or entity is currently excluded, suspended or debarred, or is identified as such after being
sanction screened. Such individual or entity shall be promptly removed from participating in any activity
associated with this Agreement.
10. Subcontract for Work or Services
No contract shall be made by the CONTRACTOR with any other party for furnishing any of the
work or services under this Agreement without the prior written approval of RIVCOPARKS; but this
provision shall not require the approval of contracts of employment between the CONTRACTOR and
personnel assigned under this Agreement, or for parties named in the proposal and agreed to under this
Agreement.
11. Disputes
11.1 The parties shall attempt to resolve any disputes amicably at the working level. If that is
not successful, the dispute shall be referred to the senior management of the parties. Any dispute relating
to this Agreement, which is not resolved by the parties, shall be decided by RIVCOPARKS’s Purchasing
Department’s Compliance Contract Officer who shall furnish the decision in writing. The decision of
RIVCOPARKS’s Compliance Contract Officer shall be final and conclusive unless determined by a court
of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous to imply
bad faith. The CONTRACTOR shall proceed diligently with the performance of this Agreement pending
the resolution of a dispute.
11.2 Prior to the filing of any legal action related to this Agreement, the parties shall be obligated
to attend a mediation session in Riverside County before a neutral third-party mediator. A second
mediation session shall be required if the first session is not successful. The parties shall share the cost
of the mediations.
12. Licensing and Permits
CONTRACTOR shall comply with all State or other licensing requirements, including but not
limited to the provisions of Chapter 9 of Division 3 of the Business and Professions Code. All licensing
requirements shall be met at the time proposals are submitted to RIVCOPARKS. CONTRACTOR
warrants that it has all necessary permits, approvals, certificates, waivers and exemptions necessary for
performance of this Agreement as required by the laws and regulations of the United States, the State of
California, the County of Riverside and all other governmental agencies with jurisdiction, and shall
maintain these throughout the term of this Agreement.
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13. Use By Other Political Entities
The CONTRACTOR agrees to extend the same pricing, terms, and conditions as stated in this
Agreement to each and every political entity, special district, and related non-profit entity in Riverside
County. It is understood that other entities shall make purchases in their own name, make direct payment,
and be liable directly to the CONTRACTOR; and RIVCOPARKS shall in no way be responsible to
CONTRACTOR for other entities’ purchases.
14. Non-Discrimination
CONTRACTOR shall not be discriminate in the provision of services, allocation of benefits,
accommodation in facilities, or employment of personnel on the basis of ethnic group identification, race,
religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or
sex in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto,
shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900
et. seq), the Federal Civil Rights Act of 1964 (P.L. 88-352), the Americans with Disabilities Act of 1990
(42 U.S.C. S1210 et seq.) and all other applicable laws or regulations.
15. Records and Documents
CONTRACTOR shall make available, upon written request by any duly authorized Federal, State,
or County agency, a copy of this Agreement and such books, documents and records as are necessary
to certify the nature and extent of the CONTRACTOR’s costs related to this Agreement. All such books,
documents and records shall be maintained by CONTRACTOR for at least five years following
termination of this Agreement and be available for audit by RIVCOPARKS. CONTRACTOR shall provide
to RIVCOPARKS reports and information related to this Agreement as requested by RIVCOPARKS.
16. Confidentiality
16.1 The CONTRACTOR shall not use for personal gain or make other improper use of
privileged or confidential information which is acquired in connection with this Agreement. The term
“privileged or confidential information” includes but is not limited to: unpublished or sensitive technological
or scientific information; medical, personnel, or security records; anticipated material requirements or
pricing/purchasing actions; RIVCOPARKS information or data which is not subject to public disclosure;
RIVCOPARKS operational procedures; and knowledge of selection of contractors, subcontractors or
suppliers in advance of official announcement.
16.2 The CONTRACTOR shall protect from unauthorized disclosure names and other
identifying information concerning persons receiving services pursuant to this Agreement, except for
general statistical information not identifying any person. The CONTRACTOR shall not use such
information for any purpose other than carrying out the CONTRACTOR’s obligations under this
Agreement. The CONTRACTOR shall promptly transmit to RIVCOPARKS all third-party requests for
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disclosure of such information. The CONTRACTOR shall not disclose, except as otherwise specifically
permitted by this Agreement or authorized in advance in writing by RIVCOPARKS, any such information
to anyone other than RIVCOPARKS. For purposes of this paragraph, identity shall include, but not be
limited to, name, identifying number, symbol, or other identifying particulars assigned to the individual,
such as finger or voice print or a photograph.
17. Administration/Contract Liaison
RIVCOPARKS’ General Manager, or designee, shall administer this Agreement on behalf of
RIVCOPARKS. The General Manager is to serve as the liaison with CONTRACTOR in connection with
this Agreement.
18. Notices
All correspondence and notices required or contemplated by this Agreement shall be delivered to
the respective parties at the addresses set forth below and are deemed submitted two days after their
deposit in the United States mail, postage prepaid:
RIVCOPARKS CONTRACTOR
RIVERSIDE COUNTY REGIONAL PARK VOLLMAR NATURAL LANDS
AND OPEN-SPACE DISTRICT CONSULTING
4600 Crestmore Road 1720 Solano Ave.
Jurupa Valley, CA 92509 Berkeley, CA 94707
Attn: Kyla Brown Attn: John Vollmar
19. Force Majeure
If either party is unable to comply with any provision of this Agreement due to causes beyond its
reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of
war, civil disorders, or other similar acts, such party shall not be held liable for such failure to comply.
20. EDD Reporting Requirements
In order to comply with child support enforcement requirements of the State of California,
RIVCOPARKS may be required to submit a Report of Independent Contractor(s) form DE 542 to the
Employment Development Department. The CONTRACTOR agrees to furnish the required data and
certifications to RIVCOPARKS within 10 days of notification of award of Agreement when required by the
EDD. This data will be transmitted to governmental agencies charged with the establishment and
enforcement of child support orders. Failure of the CONTRACTOR to timely submit the data and/or
certificates required may result in the contract being awarded to another contractor. In the event a
contract has been issued, failure of the CONTRACTOR to comply with all federal and state reporting
requirements for child support enforcement or to comply with all lawfully served Wage and Earnings
Assignments Orders and Notices of Assignment shall constitute a material breach of Agreement. If
CONTRACTOR has any questions concerning this reporting requirement, please call (916) 657-0529.
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CONTRACTOR should also contact its local Employment Tax Customer Service Office listed in the
telephone directory in the State Government section under “Employment Development Department” or
access their Internet site at www.edd.ca.gov.
21.Hold Harmless/Indemnification
21.1 CONTRACTOR shall indemnify and hold harmless RIVCOPARKS, County of Riverside, its
Agencies, Special Districts and Departments, their respective directors, officers, Board of
Directors, elected and appointed officials, employees, agents and representatives (individually and
collectively hereinafter referred to as Indemnitees) from any liability, action, claim or damage
whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees,
subcontractors, agents or representatives arising out of or in any way relating to this Agreement,
including but not limited to property damage, bodily injury, or death or any other element of any kind or
nature, excepting any professional liability legal claims or lawsuits made by Coachella Valley Water
District. CONTRACTOR shall defend, at its sole expense, all costs, and fees including, but not limited, to
attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim
or action based upon such alleged acts or omissions.
21.2 With respect to any action or claim subject to indemnification herein by
CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice
and shall have the right to adjust, settle, or compromise any such action or claim without the
prior consent of RIVCOPARKS; provided, however, that any such adjustment, settlement or
compromise in no manner whatsoever limits or circumscribes CONTRACTOR’S indemnification to
Indemnitees as set forth herein.
21.3 CONTRACTOR’S obligation hereunder shall be satisfied when CONTRACTOR
has provided to RIVCOPARKS the appropriate form of dismissal relieving RIVCOPARKS from any liability
for the action or claim involved.
21.4 The specified insurance limits required in this Agreement shall in no way limit
or circumscribe CONTRACTOR’S obligations to indemnify and hold harmless the Indemnities herein
from third party claims.
21.5 In the event of that Coachella Valley Water District, or any entity representing the District,
makes a legal claim or lawsuit against RIVCOPARKS or Contractor, based on the professional findings of
Contractor, RIVCOPARKS shall indemnify and hold harmless Contractor and any subcontractors working
under Contractor and their respective officers, employees, and agents from any liability, action, claim or
damage whatsoever arising from or anyway relating to the legal claim or lawsuit. RIVCOPARKS shall
defend, at its sole expense, all costs or fees of any kind related to any such legal claim or lawsuit.
22. Insurance
22.1 Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or hold
RIVCOPARKS harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its
sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects
to the insurance section only, RIVCOPARKS herein refers to the Riverside County Regional Park and
Open-Space District, its Divisions, Departments, their respective directors, officers, Board of Directors,
employees, elected or appointed officials, agents, or representatives as Additional Insureds.
A. Workers’ Compensation:
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If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR
shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the
State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease
with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of RIVCOPARKS.
B.Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability,
unmodified contractual liability, products and completed operations liability, personal and advertising
injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’S
performance of its obligations hereunder. Policy shall name RIVCOPARKS as Additional Insured. Policy’s
limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance
contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2)
times the occurrence limit.
C.Vehicle Liability:
If vehicles or mobile equipment is used in the performance of the obligations under this
Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non-owned, or hired
vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
than two (2) times the occurrence limit. Policy shall name RIVCOPARKS as Additional Insureds.
D.General Insurance Provisions - All lines:
1)Any insurance carrier providing insurance coverage hereunder shall be admitted to the State
of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are
waived, in writing, by RIVCOPARKS Risk Manager. If RIVCOPARKS’ Risk Manager waives a
requirement for a particular insurer such waiver is only valid for that specific insurer and only for one
policy term.
2)The CONTRACTOR must declare its insurance self-insured retention for each coverage
required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention
shall have the prior written consent of RIVCOPARKS’ Risk Manager before the commencement of
operations under this Agreement. Upon notification of self-insured retention unacceptable to
RIVCOPARKS, and at the election of RIVCOPARKS’ Risk Manager, CONTRACTOR’S carriers shall
either; 1) reduce or eliminate such self-insured retention as respects this Agreement with RIVCOPARKS,
or 2) procure a bond which guarantees payment of losses and related investigations, claims
administration, and defense costs and expenses.
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3)CONTRACTOR shall cause CONTRACTOR’S insurance carrier(s) to furnish RIVCOPARKS
with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of
Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by
RIVCOPARKS’ Risk Manager, provide original Certified copies of policies including all Endorsements
and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s)
and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written
notice shall be given to RIVCOPARKS prior to any material modification, cancellation, expiration or
reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration,
or reduction in coverage, this Agreement shall terminate forthwith, unless RIVCOPARKS receives, prior
to such effective date, another properly executed original Certificate of Insurance and original copies of
endorsements or certified original policies, including all endorsements and attachments thereto
evidencing coverage’s set forth herein and the insurance required herein is in full force and effect.
CONTRACTOR shall not commence operations until RIVCOPARKS has been furnished original
Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified
original policies of insurance including all endorsements and any and all other attachments as required
in this Section. An individual authorized by the insurance carrier shall sign the original endorsements for
each policy and the Certificate of Insurance.
4)It is understood and agreed to by the parties hereto that the CONTRACTOR’S insurance shall
be construed as primary insurance, and RIVCOPARKS' insurance and/or deductibles and/or self-insured
retention’s or self-insured programs shall not be construed as contributory.
5)If, during the term of this Agreement or any extension thereof, there is a material change in the
scope of services; or, there is a material change in the equipment to be used in the performance of the
scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years;
RIVCOPARKS reserves the right to adjust the types of insurance and the monetary limits of liability
required under this Agreement, if in RIVCOPARKS Risk Manager's reasonable judgment, the amount or
type of insurance carried by the CONTRACTOR has become inadequate.
6) CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of
subcontractors working under this Agreement.
7)The insurance requirements contained in this Agreement may be met with a program(s) of self-
insurance acceptable to RIVCOPARKS.
8)CONTRACTOR agrees to notify RIVCOPARKS of any claim by a third party or any incident or
event that may give rise to a claim arising from the performance of this Agreement.
Professional Services Agreement
Vollmar Natural Lands Consulting 15 / 17
23. General
23.1 CONTRACTOR shall not delegate or assign any interest in this Agreement, whether by
operation of law or otherwise, without the prior written consent of RIVCOPARKS. Any attempt to delegate
or assign any interest herein shall be deemed void and of no force or effect.
23.2 Any waiver by RIVCOPARKS of any breach of any one or more of the terms of this
Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of
any other term of this Agreement. Failure on the part of RIVCOPARKS to require exact, full, and complete
compliance with any terms of this Agreement shall not be construed as in any manner changing the terms
or preventing RIVCOPARKS from enforcement of the terms of this Agreement.
23.3 In the event the CONTRACTOR receives payment under this Agreement, which is later
disallowed by RIVCOPARKS for nonconformance with the terms of the Agreement, the CONTRACTOR
shall promptly refund the disallowed amount to RIVCOPARKS on request; or at its option RIVCOPARKS
may offset the amount disallowed from any payment due to the CONTRACTOR.
23.4 CONTRACTOR shall not provide partial delivery or shipment of services or products
unless specifically stated in the Agreement.
23.5 CONTRACTOR shall not provide any services or products subject to any chattel mortgage
or under a conditional sales contract or other agreement by which an interest is retained by a third party.
The CONTRACTOR warrants that it has good title to all materials or products used by CONTRACTOR
or provided to RIVCOPARKS pursuant to this Agreement, free from all liens, claims, or encumbrances.
23.6 Nothing in this Agreement shall prohibit RIVCOPARKS from acquiring the same type or
equivalent equipment, products, materials or services from other sources, when deemed by
RIVCOPARKS to be in its best interest. RIVCOPARKS reserves the right to purchase more or less than
the quantities specified in this Agreement.
23.7 RIVCOPARKS agrees to cooperate with the CONTRACTOR in the CONTRACTOR's
performance under this Agreement, including, if stated in the Agreement, providing the CONTRACTOR
with reasonable facilities and timely access to RIVCOPARKS data, information, and personnel.
23.8 CONTRACTOR shall comply with all applicable Federal, State, and local laws and
regulations. CONTRACTOR will comply with all applicable RIVCOPARKS policies and procedures. In
the event that there is a conflict between the various laws or regulations that may apply, the
CONTRACTOR shall comply with the more restrictive law or regulation.
23.9 CONTRACTOR shall comply with all air pollution control, water pollution, safety and health
ordinances, statutes, or regulations, which apply to performance under this Agreement.
23.10 CONTRACTOR shall comply with all requirements of the Occupational Safety and Health
Administration (OSHA) standards and codes as set forth by the U.S. Department of Labor and the State
Professional Services Agreement
Vollmar Natural Lands Consulting 16 / 17
of California (Cal/OSHA).
23.11 This Agreement shall be governed by the laws of the State of California. Any legal action
related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of
the State of California located in Riverside, California, and the parties waive any provision of law providing
for a change of venue to another location. In the event any provision in this Agreement is held by a court
of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
[Signature Provisions on Following Page]
Professional Services Agreement
Vollmar Natural Lands Consulting 17 / 17
23.12 This Agreement, including any attachments or exhibits, constitutes the entire Agreement
of the parties with respect to its subject matter and supersedes all prior and contemporaneous
representations, proposals, discussions and communications, whether oral or in writing. This Agreement
may be changed or modified only by a written amendment signed by authorized representatives of both
parties.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to
execute this Agreement.
RIVCOPARKS SERVICE PROVIDER
RIVERSIDE COUNTY REGIONAL VOLLMAR NATURAL LANDS
PARK AND OPEN-SPACE RIVCOPARKS CONSULTING
4600 Crestmore Rd, 1720 Solano Ave.
Jurupa Valley, CA 92509 Berkeley, CA 94707
Signature: _______________________________ Signature: __________________________
Kyla Brown Print Name: _________________________
General Manager Title: _____________________________
Dated: _______________________________ Dated: _____________________________
John Vollmar (Dec 3, 2021 08:26 PST)
John Vollmar
President
John Vollmar
Dec 3, 2021Dec 6, 2021
EXHIBIT A: SCOPE OF SERVICES and
COST SUMMARY
MEMORANDUM
To: Kyla Brown – County of Riverside
From: John Vollmar and Gabriel Saron – VNLC
Date: 09/24/21 -
revised 11/16/21
No. Pages: 4 plus
Appendices A & B Subject: Proposed Scope and Budget for Invasive Species Consultation for
Quagga Mussel Infestation in Lake Cahuilla
In 2014, the Riverside County Park District (“RivCoParks”) requested an extension to lease agreements for
public outdoor recreation facilities on Lake Cahuilla (“lake”), a terminal reservoir operated by the
Coachella Valley Water District (“District”) and the United States Bureau of Reclamation (“Bureau”).
Changes were made to the lease, including requiring RivCoParks to specifically assume liability for any
potential aquatic invasive species within the lake or downstream infrastructure. This includes
quagga mussel (Dreissena bugensis), a species of major concern and potential impact in the state which
was not a known threat when the original lease was entered into. Importantly, the source water for
the reservoir which comes from the Colorado River, is already contaminated with quagga mussels,
and veliger larvae or fragments of veliger larvae have been detected in the canal and
reservoir as recently as 2012, according to findings from California Department of Fish
and Wildlife. RivCoParks requires additional information to understand the specific risks of
introduction of quagga mussels posed by recreation activities and to determine if continued
operation of the lake within the new proposed lease terms is reasonable.
In continuing to negotiate its lease terms, RivCoParks is seeking more thorough technical
information and an independent scientific evaluation of the current status and factors underlying
quagga mussel presence, if any, in the lake, in relation to lake and source water management
activities. Vollmar Natural Lands Consulting (VNLC) is pleased to present our proposal to conduct this
evaluation. Our team includes John Vollmar, VNLC principal biologist, Gabriel Saron, a VNLC staff
biologist with experience sampling and evaluating quagga mussel presence, and subconsultants Dr.
Kimo Morris of Ecomarine Consulting LLC and Mike Anghera of Anghera Environmental. Dr. Morris
and Mr. Anghera have over 42 years of combined experience designing and implementing
ecological monitoring programs, including managing quagga mussel and other invasive species in
California waterways. In addition to leading field data collection, Dr. Morris and Mr. Anghera will
provide expert input and review for the project and report.
SCOPE OF WORK
We will complete the proposed work under the following four tasks:
Task 1 – Literature Review and Expert Consultation
Task 2 – Report Preparation
Task 3 – Field Data Collection and Reporting
Task 4 – Client Consultation
BAY AREA OFFICE
1720 Solano Ave
Berkeley, CA 94707
Phone: 530/559-9603
www.vollmarconsulting.com
Task 1 – Literature Review and Expert Consultation
Under this task, we will gather and review available technical information to assess potential causal
factors of any detected quagga mussel in the lake. We will review relevant scientific literature, agency
communications, and expert opinions. Dr. Morris and Mr. Anghera will provide ancillary information
based on prior expertise and familiarity with the literature. Our review will include assessment of similar
scenarios of other lakes with quagga mussel presence detected.
Budget: Up to 108 hours
Task 2 – Report Preparation
Using the information and expert review compiled in Task 1, we will prepare a white paper
weighing available scientific evidence relevant to the risk factors underlying quagga mussel
detection and management taking into account the prevention measures implemented by the District and
RivCoParks. The paper may include identification of data gaps and recommendations for further data
collection and analysis. Maps of the Colorado River Water System, including the study area, and recent
quagga mussel detections will be prepared. The report will determine how additional data collection
could clarify uncertainty around potential quagga mussel sources, including the scientific basis for
quagga mussel detection. Recommendations and cost estimates for long-term monitoring will be
provided. The report will also evaluate RivCoPark’s prevention plan and proposed mitigation efforts
for Lake Cahuilla. We will include the results of field surveys under Task 3 into the report.
Budget: Up to 100 hours
Task 3 – Field Operations, Data Collection and Reporting
Ecomarine Consulting LLC and Anghera Environmental, with assistance from Mr. Saron, in coordination
with the District and RivCoParks, will carry out a two-day field reconnaissance of Lake Cahuilla and
adjacent conveyances. Before any field data collection takes place, a temporary encroachment permit will
be acquired in coordination with CVWD. Boats owned by Ironman and stored at CVWD facilities will be
used for sampling. Boat transport, inspection and operation will be conducted under supervision of
CVWD staff. Any equipment used in the lake which is taken off-site to other than to an authorized storage
facility will not be allowed to re-enter the lake.
Field operations will include procurement surveys of the lake in general (and hardscape in particular) to
assess the extent of the presence, if any, of quagga mussels. The scuba gear used for this project will be
kept separate from any other scuba gear used in other freshwater bodies known to have an infestation of
quagga mussels. Industry-standard decontamination protocols will be implemented prior to the field
operation and after its completion (Appendix B. The approach is further broken into four sub-tasks as
follows:
a.Task 3a – Adult Quagga Mussels: Visual inspections for adult quagga mussels will be conducted by
scientific divers in scuba gear using underwater photographic tools. It is estimated that a minimum of
four locations in the lake will be assessed, although more sites will be added if time permits. Quadrats
will be used to estimate adult population densities, if present, at various locations within the lake.
If adult mussels are present, three representative ⅛ m2 scrapings will be collected for population size
structure analysis. The samples will be frozen on site and transported to the Ecomarine Consulting
LLC lab. An extension of Ecomarine Consulting LLC’s existing Letter of Authorization (LOA)
issued by the California Department of Fish and Wildlife will be secured prior to commencement of
operations to include samples taken from Lake Cahuilla and its conveyances. Samples will be
processed to determine age structure of any existing adult population detected within the lake.
b.Task 3b – Quagga Veliger Sampling: Sampling for quagga veligers will be conducted using standard CDFW
protocols (CDFW 2015). A 64 µm plankton net measuring 30 cm (12 inches) in diameter will be deployed such
that a minimum of 1,000 L of water passes through the net. Samples will be processed in a mobile lab with
a tabletop workspace, which will be set up in an air-conditioned van on site. Samples will then be placed in cold
storage and transported to the Ecomarine Consulting LLC lab. After processing, samples will be retained and
transferred from chilled aerated lake water to 95% histology-grade ethanol to allow for DNA extraction at a
future date (Appendix B).
c.Task 3c – Water chemistry sampling: Ecomarine Consulting LLC and Anghera Environmental will assist Mr.
Saron in the collection of lake water using standard CDFW protocols (CDFW 2015). Mr. Saron will coordinate
sample collection, storage transportation, and calcium analysis using EPA Method 200.7. Ecomarine
Consulting LLC and Anghera Environmental will provide ancillary data on lake conditions using a hand-held
YSI® Pro+ Quattro unit to measure temperature, dissolved oxygen, pH, conductivity, and salinity.
d.Task 3d – Reporting: A brief summary report of the findings of the field outing will be prepared. This will
include photographs of the study site, above and below water. Photo documentation of the collection and
surveying activities will be provided for inclusion in future reports. The report will also include summaries of
adult and juvenile quagga data and the ancillary data from our YSI unit. Scans of any field note sheets will be
included in an appendix. In the event that adult or juvenile quagga mussels are detected, an estimate for the cost
of remediation (with the intent to eradicate) using methods of molluscicides, tarping or physical removal will
be prepared. The choice of remediation method and cost will be determined based on (a) the extent of the
presence of quagga mussels or veligers (b) the appropriateness of remediation approaches, (c) the physiography
of the lake and other mitigating factors. The staff ecologist will append these findings, and the results of water
chemistry sampling, to the white paper prepared in Task 2. No chemicals will be added to the lake or
conveyance system during the field activities of this study.
Budget: Up to 140 hours
Task 4 – Client Consultation
This task provides hours for the team members to participate in phone calls or meetings with City, District
or RivCoParks staff as needed to discuss the proposed work, progress, and findings during the course of
the project.
Budget: Up to 32 hours
BUDGET
The proposed budget for completing Tasks 1 through 4 is $44,646.00 to be billed on a time and materials
basis. This budget is outlined by task in Table 1 below.
TABLE 1. BUDGET FOR QUAGGA MUSSEL LITERATURE REVIEW, REPORTING, FIELD DATA COLLECTION AT LAKE CAHUILLA, RIVERSIDE COUNTY, CA. PREPARED SEPTEMBER 24, 2021 BY VOLLMAR NATURAL LANDS CONSULTING. Task 1: Literature Review Task 2: Report Preparation Task 3: Field Data Collection Task 4: Client ConsultationLABOR (hours)Task 1 Task 2 Task 3 Task 4TOTALPrincipal Biologist (J. Vollmar)884828Staff Biologist (G. Saron)6060408168Subconsulting Senior Biologist/Diver (Anghera)201632876Subconsulting Senior Biologist/Diver (Ecomarine)201636880Subonsulting Staff Biologist (Ecomarine)88Subconsulting Staff Technician (Ecomarine)2020TOTAL LABOR HOURS10810014032380LABOR (cost)Rate/Hr.Task 1 Task 2 Task 3 Task 4TOTALPrincipal Biologist (J. Vollmar)$175$1,400 $1,400 $700 $1,400 $4,900 Staff Biologist (G. Saron)$100$6,000 $6,000 $4,000 $800 $16,800 Subconsulting Senior Biologist/Diver (Anghera)$110$2,200 $1,760 $3,520 $880 $8,360 Subconsulting Senior Biologist/Diver (Ecomarine)$110$2,200 $1,760 $3,960 $880 $8,800 Subonsulting Staff Biologist (Ecomarine)$55$440 $440 Subconsulting Staff Technician (Ecomarine)$25$500 $500 TOTAL LABOR COST$11,800 $10,920 $13,120 $3,960 $39,800 OTHER DIRECT COSTSTask 1 Task 2 Task 3 Task 4TOTALVehicle Mileage ($0.60/mi)$1,170 $1,170 Vollmar Per Diem ($140/day)$560 $560 Calcium Sample Analysis$500 $500 Tow Sample Analysis$500 $500 Field Gear$250 $250 Dive Gear$70.00 $70 Underwater Video / Photography$200.00 $200 YSI Pro+ Quatro$250.00 $250 WAAS-enabled GPS$50.00 $50 Field Sampling (quadrat, collection equip)$100.00 $100 Temporary Enroachment Permit Fee$100.00 $100 Subconsultant Per Diem ($190/day)$760.00 $760 Subconsultant Mileage ($0.56/mi)$336.00 $336 TOTAL ODCs$0 $0 $4,846 $0 $4,846 TOTAL PROJECT COST$11,800 $10,920 $17,966 $3,960 $44,646 Target Completion DateJanuary 2022 April 2022 April 2022 April 2022
APPENDIX A: JOINT PROPOSAL FROM
ECOMARINE CONSULTING LLC AND
ANGHERA ENVIRONMENTAL
Proposal to Assisting with Quagga Mussel Research Activities at
Lake Cahuilla, La Quinta, California
Ecomarine Consulting LLC (Ecomarine) and Anghera Environmental propose to assist Vollmar Natural
Lands Consulting (Vollmar) with quagga mussel research activities including field operations and data
collection, writing and data consultation, and overall project management as it relates to the environmental
concerns associated with invasive quagga mussels (Dreissena rostriformis bugensis) in Lake Cahuilla, La
Quinta, CA. Given the unfolding nature of this project, we have confined this proposal to the tasks defined
in the memorandum provided by Vollmar on September 24, 2021.
The scope of this proposal includes the following field and written deliverables:
Task 1 – Literature Review: As needed, assist with the gathering information and provide expert
consultation for a literature review prepared by Vollmar. It is expected that Vollmar will provide
the bulk of the work on this task, with Ecomarine and Anghera Environmental providing ancillary
information on an as needed basis based on prior expertise and familiarity with the literature.
Task 2 – Report Preparation: As needed, Ecomarine and Anghera Environmental will provide
editorial services for any final documents (white paper, reports, official memos, summaries, or
management plans). It is expected that Vollmar will undertake the bulk of this task.
⇒ Task 3 – Field Operations, Data Collection, Reporting: Ecomarine and Anghera Environmental
will carry out a two-day field reconnaissance of Lake Cahuilla and adjacent conveyances. This
would include surveys of the lake in general (and hardscape in particular) to determine the presence, if
any, of quagga mussels. Lake management personnel must provide boats and access to the lake to
prevent inadvertent introduction of invasive species. The scuba gear used for this project will be
kept separate from any other scuba gear used in other freshwater bodies known to have an infestation
of quagga mussels. Full decontamination protocols will be undertaken prior to lake entry and at the
completion of the field operation. The approach is further broken into FOUR sub-tasks:
a.Task 3a – Adult Quagga Mussels: Adult quagga mussels will be surveyed by visual
inspection by scientific divers on scuba using underwater photographic tools. It is
estimated that a minimum of four locations in the lake and possibly one location in the
receiving conveyance will be acquired, although more sites will be added if time permits.
The general survey areas will be determined prior to commencement of field operations,
however the precise location of the sampling sites will be narrowed down in the field to
allow for any unforeseen problems (e.g. unsafe conditions for diving, or the site not being
as anticipated). Quadrats will be used to estimate adult population densities at various
locations within the lake. If adult mussels are present, three representative ⅛ m2 scrapings
will be collected for population size structure analysis. The samples will be frozen on site
and transported to the Ecomarine lab. An extension of Ecomarine’s existing Letter of
Authorization (LOA) issued by the California Department of Fish and Wildlife will be
secured prior to commencement of operations to include samples taken from Lake Cahuilla
and its conveyances. Samples will be processed to determine age structure of any existing
adult population within the lake.
b.Task 3b – Quagga Veliger Sampling: Sampling for quagga veligers will be conducted
using standard CDFW protocols (CDFW 2015). A 64 m plankton net measuring 30 cm
(12 inches) in diameter will be deployed such that a minimum of 1,000 L of water passes
through the net. Samples will be kept in cold storage and will be processed at the
Ecomarine lab. After processing, samples will be retained and transferred from chilled
2
aerated lake water to 95% histology-grade ethanol to allow for DNA extraction at a future
date. In the event that Vollmar would prefer that its personnel conduct the plankton
processing, the labor and associated cost would be omitted from the Ecomarine and
Anghera Environmental tasks. The precise locations will be determined while in the field
based on observations from the diving surveys and preliminary considerations.
c.Task 3c – Water chemistry sampling: Ecomarine and Anghera Environmental will assist
Vollmar biologists in the collection of lake water from locations to be determined by
Vollmar. The chemistry analysis will consist of calcium analysis by EPA Method 200.7
and must be coordinated by Vollmar, including providing the sample containers,
instructions for specific collection and storage protocols, and transportation. The location
of the chemistry collection sites will be decided collaboratively between Ecomarine,
Anghera Environment and Vollmar field personnel. Ecomarine and Anghera
Environmental will provide ancillary data on lake conditions using a hand-held YSI® Pro+
Quattro unit to measure temperature, dissolved oxygen, pH, conductivity and salinity.
d.Task 3d – Reporting: A brief summary report of the findings of the field outing will be
prepared within 30 days to Vollmar. This will include photographs of the study site, above
and below water. Photo documentation of the collection and surveying activities will be
provided for inclusion in future reports. The report will also include summaries of adult
and juvenile quagga data and the ancillary data from our YSI unit. Scans of any field note
sheets will be included in an appendix.
Task 4 – Client Consultation: Ecomarine and Anghera Environmental will allocate hours to
participate in phone calls and/or meetings with Vollmar, and staff with the City of La Quinta or
RivCoParks as needed to discuss the proposed work and findings during the course of the project.
Brief Summary of Qualifications
We have over 42 years of combined experience designing, implementing ecological monitoring programs
for biota of special concern, including survey and managing invasive species in bays, harbors, estuaries, and
lakes throughout California. Ecomarine and Anghera Environmental specialize in field data collection in
aquatic ecosystems. The survey requirements, procedures, results and recommendations are consistent with
that implemented by NMFS, U.S. Fish and Wildlife Service, and the California Department of Fish and
Wildlife.
Biologist divers with Ecomarine and Anghera Environmental are current members in good standing with the
American Academy of Underwater Sciences (AAUS), and they will conduct all surveys in accordance with
the safe diving standards as outlined in the current AAUS Scientific Diving Manual. Dr. Morris and Mr.
Anghera are trained in first aid and CPR, and oxygen administration.
Citations
California Department of Fish and Wildlife. 2015. Quagga/Zebra Mussel Artificial Substrate Protocol.
From: https://www.wildlife.ca.gov/Conservation/Invasives/Quagga-Mussels
Compensation
Fees for services will be based on an hourly rate of $110 for all field and writing hours for Ecomarine
Consulting LLC and Anghera Environmental biologists. Cost recovery of all equipment used for both
surveys is itemized in each section. Payment should be made within 30 days of submittal of an invoice.
Ecomarine Consulting LLC and Anghera Environmental will submit separate invoices upon completion of
each task. The total cost for the three tasks is itemized as followed. Labor and direct expenses in this proposal
will remain valid through December 31, 2021:
3
Task 1 – Literature Review Assistance
Consultation, Editing and Review Rate Hours Total
Senior Biologist (Ecomarine) $110.00 20 $2,200.00
Senior Biologist (Anghera Env.) $110.00 20 $2,200.00
TASK-1 COST: $4,400.00
Task 2 – Report Preparation Assistance
Editing and Review Rate Hours Total
Senior Biologist (Ecomarine) $110.00 16 $1,760.00
Senior Biologist (Anghera Env.) $110.00 16 $1,760.00
TASK-2 COST: $3,520.00
Task 3 – Field Operations, Data Collection, Reporting
Field Hours Rate Hours Total
Biologist Diver (Ecomarine) $110.00 24 $2,640.00
Biologist Diver (Anghera Env.) $110.00 24 $2,640.00
Management, Data Processing,
Reporting Rate Hours Total
Senior Biologist (Ecomarine) $110.00 8 $880.00
Senior Biologist (Anghera Env.) $110.00 8 $880.00
Staff Biologist (Ecomarine) $55.00 8 $440.00
Laboratory Sample Processing Rate Hours Total
Senior Biologist (Ecomarine) $110.00 4 $440.00
Staff Technician (Ecomarine) $25.00 20 $500.00
Direct Expense Rate Number Total
Dive Gear $35.00 2 $70.00
Underwater Video / Photography $100.00 2 $200.00
YSI Pro+ Quatro $250.00 1 $250.00
WAAS-enabled GPS $25.00 2 $50.00
Field Sampling (quadrat, collection equip) $50.00 2 $100.00
Meal Per Diem $50.00 4 $200.00
Lodging $140.00 4 $560.00
Travel (Ecomarine Mileage) $0.56 300 $168.00
Travel (Anghera Env. Mileage) $0.56 300 $168.00
TASK-3 COST: $10,186.00
Task 4 – Client Consultation
Consultation, Editing and Review Rate Hours Total
Senior Biologist (Ecomarine) $110.00 8 $880.00
Senior Biologist (Anghera Env.) $110.00 8 $880.00
TASK-1 COST: $1,760.00
4
Task 1 Cost: $4,400.00
Task 2 Cost: $3,520.00
Task 3 Cost: $10,186.00
Task 4 Cost: $1,760.00
Grand Total Cost: $19,866.00
_____________________________________________________ __9/23/21___
Ecomarine Consulting LLC Representative (Dr. Kimo Morris) Date
_____________________________________________________ __9/23/21___
Anghera Environmental Representative (Mr. Mike Anghera) Date
_____________________________________________________ ___________
Vollmar Representative Date
APPENDIX B: FIELD SAMPLING
PROCEDURE, DETECTION AND
EVIDENCE OF LIFE OF QUAGGA
MUSSEL (DREISSENA ROSTRIFORMIS
BUGENSIS) VELIGERS IN SUPPORT
OF A “PRESENCE-ABSENCE” STUDY
AT LAKE CAHUILLA, CA
ECOMARINE CONSULTING LLC • 850 TROPICANA WAY • LA HABRA, CA • 90631
310-625-5466 • ECOMARINECONSULTING.COM • KIMO@ECOMARINECONSULTING.COM
Field Sampling Procedure, Detection, and Evidence of
Life of Quagga Mussel (Dreissena rostriformis
bugensis) Veligers In Support of A “Presence-
Absence” Study at Lake Cahuilla, CA
Prepared For:
Vollmar Natural Lands Consulting, Inc.
1720 Solano Ave.
Berkeley, CA 94707
Prepared By:
Ecomarine Consulting LLC
850 Tropicana Way
La Habra, CA 90631
and
Anghera Environmental
1274 Alta Vista Drive
Vista, CA 92084
September 24, 2021
MFWP 2019
MFWP 2019
ECOMARINE CONSULTING LLC • 850 TROPICANA WAY • LA HABRA, CA • 90631
310-625-5466 • ECOMARINECONSULTING.COM • KIMO@ECOMARINECONSULTING.COM
TABLE OF CONTENTS
Section Page
1.0 INTRODUCTION 1
2.0 MATERIALS AND METHODS 1
2.1 Field Reconnaissance 1
1
2
2
2.1.1 Adult Quagga Mussel Survey
2.1.2 Quagga Veliger Sampling Procedure
2.1.3 Presence-Absence Determination
2.1.4 Evidence of Life Determination 3
2.2 Measures to Prevent Cross Contamination 4
2.2.1 Concern With Adult Mussels 4
2.2.2 Concern With Mussel Veligers 4
3.0 REFERENCES 5
September 24, 2021
ECOMARINE CONSULTING LLC • 850 TROPICANA WAY • LA HABRA, CA • 90631
310-625-5466 • ECOMARINECONSULTING.COM • KIMO@ECOMARINECONSULTING.COM
-1-
Field Sampling Procedure, Detection, and Evidence of Life of Quagga Mussel
(Dreissena rostriformis bugensis) Veligers in Support of a Presence-Absence
Study at Lake Cahuilla, CA
1.0 INTRODUCTION
1.1 Project Description
Ecomarine Consulting LLC (Ecomarine) and Anghera Environmental (Anghera) will
work with Vollmar Natural Lands Consulting, Inc. (VNLC) to conduct quagga mussel research
activities including field operations and data collection, writing and data consultation, and overall
project management as it relates to the environmental concerns associated with invasive quagga
mussels (Dreissena rostriformis bugensis) in Lake Cahuilla, La Quinta, CA.
Ecomarine and Anghera will be most heavily involved in the reconnaissance field effort to
determine whether quagga mussels (D. r. bugensis) are present in Lake Cahuilla. This will involve
a two-pronged approach that will include (1) an in-water survey by biologist divers to investigate
the hardscape within the lake in search of adult mussels, and (2) plankton tows within the lake and
in the adjacent conveyances (following CDFW 2020) to determine if active mussel veligers are
present. At this time, the reconnaissance effort is meant to establish presence-absence from the
lake and adjacent conveyances, and is not intended to augment or replace any existing long-term
monitoring effort currently underway.
2.0 MATERIALS AND METHODS
2.1 Field Reconnaissance
2.1.1 Adult Quagga Mussel Survey
Ecomarine and Anghera biologists will coordinate with lake management to gain access to Lake
Cahuilla. To reduce the risk of cross contamination, the biologists will utilize vessels already
existing at the site (i.e. no boats will be brought in from outside). Adult quagga mussels will be
surveyed by scientific divers using SCUBA at a minimum of four locations within Lake Cahuilla
by visual inspection and tactile probing. These surveys will focus primarily on hard substrate
within the lake, including riprap, exposed rock, and dock structures. Divers will inspect hard
substrate for living adult and juvenile quagga mussels and will search at the base of the hard
substrate for any evidence of sloughed dead shells. If live adult mussels are found, a 1/8 m2 quadrat
will be used to quantify the density of the mussels, and a sample will be carefully scraped into a
fine mesh bag (<500 µm mesh) using a spackle tool. These scraped samples will be brought to the
surface and transferred to a quart size freezer Ziploc bag and placed on ice. The samples will be
frozen and transported to the Ecomarine lab where size class analysis will be performed. If only
dead shells are encountered, then a subsample of the shells will be retained to get a qualitative
assessment of size distribution, although a measure of density and an accurate estimate of size
distribution when alive may not be possible with only dead shells. The survey locations will be
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determined prior to commencing field activities based on safety concerns by Ecomarine, Anghera,
and VNLC personnel in direct consultation with RivCoParks.
If conditions at Lake Cahuilla are determined to be unsafe for diving, additional methods to
visually inspect the lakebed may be employed including the use of a GoPro Hero 8 Black camera
mounted on a tow sled, use of a drop camera (GoPro Hero 8 Black) on a hand-held boom, or the
use of a Sofar Trident Open ROV (remotely operated vehicle) underwater camera drone with a 30-
meter data cable. The camera sled would be deployed at one end of the lake and towed across the
width of the lake which would result in video footage of a 0.5 m swath of the lake bottom. The
drop camera or ROV would be deployed at areas of interest throughout the lake (i.e. the
predetermined sampling locations), which would result in video footage of the survey area. If adult
mussels are observed with any of the non-diving techniques, the precise location of the observation
will be marked. If the population is shallow enough to place a 1/8 m2 quadrat, then we will make
every effort to quantify the density and retain a scraped sample (as described above). If the
population is too deep, and diving is not possible, the GPS coordinates will be noted and we will
coordinate with lake management to return when diving conditions are safe.
2.0.1 Quagga Veliger Sampling Procedure
Plankton samples will be collected using a 30 cm diameter, 67 µm net with a detachable cod end.
At each sampling location, the net will be towed vertically from one meter above the bottom to the
surface at a rate of 0.5 m/s (Johansson et al. 2020, Marsden 1992). From the outside surface of the
net, the sample will be washed down using lake water to adequately dislodge any sample stuck to
the inside of the net, and so as not to introduce lake water directly into the mouth of the net. The
cod end will be carefully removed and material will be rinsed with tap water in squirt bottles into
a 1L Nalgene bottle. The process will be repeated until a minimum of 1,000 L of lake water is
sampled. The Nalgene bottles will be topped off so they are full and will be immediately stored in
a cooler with frozen gel packs. The temperature in the cooler will be maintained between 10- 21 C
(50-70 F).
Sampling locations will be established prior to visiting the lake. A minimum of three samples will
be taken, although additional samples could be gathered as time permits. Additionally, at least one
sample will be taken in the conveyance leading into the lake. At each location, two side-by-side
samples will be gathered, identified as sample A and sample B. All samples designated “A” will
be inspected shortly after returning to shore using the method described below, while all the
samples designated “B” will serve as a backup that can be inspected using more detailed
methodologies in a laboratory.
2.0.2 Presence-Absence Determination
Elements of our veliger analysis were adapted primarily from established protocols, such as
DOIBR 2013 and MFWD 2019, and modified to suit the sampling design indicated below.
To establish whether mussel veligers are present, an initial inspection of the samples designated
“A” will be performed using a cross-polarized light microscopy (CPLM) technique, which has a
high accuracy rate compared with other veliger detection methods (Frischer et al. 2012;
Stanislawczyk et al. 2017). The plankton sample will be concentrated through a 67µm filter using
filtered lake water and deposited into a zooplankton counting chamber (similar to a Bogrov
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chamber). The concentrated sample will be examined using a stereo dissecting microscope outfitted
with a polarizing filter placed in the path of the light source and a rotating polarizing filter beneath
the magnifying lens. Veliger larvae are known to be birefringent due to the mineralized properties of
their protoshell (i.e. the calcium carbonate crystalline structure, see Johnson 1995). The CPLM method
will render any veligers (from all molluscan species) in the sample to glow against a dark background
as the polarized light is refracted through the shell.
Mollusk veligers are distinguishable from other species by a characteristic cross pattern on the
protoshell, shell shape, behavior, appendages, size, and absence of shell ornamentation or an
eyespot (Johnson 1995). If mollusk larvae are observed, they will be enumerated, carefully
separated from the sample, and placed in a separate glass dish. All larval mollusks will then be
divided based on morphological characteristics to separate quagga veligers from other potential
species (e.g. Asian clam, other dreissenid species, or ostracods). This work will be performed in a
mobile lab with a tabletop workspace, which will be set up in an air-conditioned van on site.
2.1.4 Evidence of Life Determination
From the processed samples above, a visual inspection of the veligers will be conducted under 40-
100x magnification. Any live veligers may exhibit movement that is easily observed as
metasynchronic beating of cilia, movement of internal organs, or swimming. Larger pediveligers
may also move by extending their foot. Individual veligers will be observed in this fashion for up
to five minutes. Individuals observed to be alive will be placed in a separate dish. This method will
be repeated until no more obvious movement is observed in the remaining veligers. The sample
will be revisited periodically over the course of an hour.
Mortality may be determined if veligers remain immobile and have a wide gape to their shells,
although a gaping shell is not an absolute indication of mortality. Mortality may also be
determined through the use of fast green FCF, which is a synthetic food dye that will adhere to
dead tissue. As per Stockton-Fiti and Claudi 2016, the filtered sample will be placed in a glass dish
with 0.4% fast green FCF and allowed to soak for 20 minutes at which time the sample will be
visually inspected for veligers that have stained tissue. Mortality will be assumed for veligers
whose mantles are completely stained.
If live veligers are detected, we will immediately contact RivCoParks to inform them of our
findings. On their directive, the “B” samples would be sent to a qualified laboratory (to be
identified in the encroachment permit application and approved by CVWD if desired) to verify
veliger presence, movement, and mortality. The sample would be prepared on site to be couriered.
This would include standard chain-of-custody procedures that would include labeling and
packaging the samples with information on the date, precise locality, volume of water sampled,
and basic water characteristics at the time of packaging (e.g. temperature and pH). As indicated in
DOIBR (2013), the sample would be buffered to a pH of 7.0-7.5 to prevent degradation of the shell
material prior to packaging.
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2.2 Measures to Prevent Cross Contamination
Consistent with State and Federal guidelines, decontamination measures must be implemented
prior to and following any contact with the waters from Lake Cahuilla. We understand the high
degree of concern for cross contamination, and therefore any dive gear and field equipment that is
used in Lake Cahuilla must be approved by CVWD and will only ever be brand new gear, or gear
that has only been previously used in the ocean and can be verified, or that has been
decontaminated using the following methods. In any case, prior to entering the lake, divers will
soak their dive gear and any other equipment for a minimum of 15 seconds in 2.0 ppm chlorinated
water. This method is consistent with what has been previously approved for an annual triathlon
that was last held on March 1, 2020 (RCP and CVWD 2016). After use, equipment will also
undergo decontamination. There are three methods that are recommended by the California
Department of Fish and Wildlife (see CDFW 2020), including (1) drying, (2) hot water soak, or
(3) freezing. For good measure, more than one of these methods should be employed. However,
in certain instances, it may be difficult to implement redundancies. For example, certain probes
(e.g. pH and dissolved oxygen) may be destroyed if allowed to fully dry. Temperature sensors can
be rendered inaccurate if exposed to very high or very low temperatures. Further, some sensitive
life-support gear (such as scuba regulators parts) can be damaged by freezing. Therefore, in
addition to at least one of these methods, we will include the following decontamination methods
to further ensure the prevention of cross-contamination.
2.2.1 Concern with Adult Mussels
The pathway of concern is if settled adult and juvenile quaggas become dislodged and reattach or
become wedged in equipment or gear. On site in the field, the most accessible method of
controlling for this potential threat is to employ “Option 1: Drying” (CDFW 2020). All gear should
be thoroughly inspected and scrubbed with a stiff brush to dislodge any organisms, and all gear
should be left in the sun to fully dry for a minimum of 48 hours. As an additional control measure,
prior to drying, gear will be soaked in a saltwater solution for 1-hour. The concentration of salt
should exceed 33 ppt, which is higher than the salinity tolerance of dreissenid bivalves (van der
Gaag et al. 2016). Though quagga mussel pediveligers can become salinity tolerant to some degree
through acclimation, non-acclimated quagga pediveligers have low survivorship when directly
exposed to salt water (Wright et al. 1996). After soaking, gear can be rinsed with freshwater to
remove excess salt and then dried as described above.
2.2.2 Concern with Mussel Veligers
The pathway of concern for quagga veligers is if free-swimming individuals become attached or
trapped in equipment or gear and are allowed to remain wet. This can occur with the use of
plankton nets or water sampling equipment. As above, on site in the field, the easiest method for
controlling for this threat is to employ “Option 1: Drying” (CDFW 2020). All gear should be
scrubbed and left in the sun to fully dry for a minimum of 48 hours. Since visual inspection for
mussel veligers without the use of a dissecting scope is impossible, gear will be soaked in a 5%
acetic acid cleaning solution for a minimum of four hours (Davis et al. 2015). For this
concentration and time duration, the acidic solution will degrade the calcium carbonate protoshell
of planktonic mollusk larvae such as quagga veligers, which makes this method ideal as an additive
measure. After soaking, equipment can be left to dry, or for more sensitive equipment such as
electronic probes, rinsed with freshwater prior to drying.
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3.0 REFERENCES
California Department of Fish and Wildlife (CDFW). 2020. Guidance for Developing a Dreissenid
Mussel Prevention Program, Appendix 7: Plankton Tow Monitoring Protocol.
https://wildlife.ca.gov/Conservation/Invasives/Quagga-Mussels
Davis, E.A., D. Wong, and W.N. Harman. 2015. Distilled white vinegar (5% acetic acid) as a
potential decontamination method for adult zebra mussels. Management of Biological Invasions
6(4): 423-428.
Frischer, M., K.L. Kelly, and S.A. Nierzwicki-Bauer. 2012. Accuracy and reliability of Dreissena
spp. larvae detection by cross-polarized light microscopy, imaging flow cytometry, and
polymerase chain reaction assays. Lake and Reservoir Management 28(4): 265-276.
Johansson, M.L., S.Y. Lavigne, C.W. Ramcharan, D.D. Heath, and H.J. MacIsaac. 2020. Detecting
a spreading non-indigenous species using multiple methodologies. Lake and Reservoir
Management 36(4): 432-443.
Johnson, L.E. 1995. Enhanced early detection and enumeration of zebra mussel (Dreissena spp.)
veligers using cross-polarized light microscopy. Hydrobiologia 312: 139-146.
Marsden, J.E. 1992. Standard protocols for monitoring and sampling zebra mussels. Illinois
Natural History Survey Biological Notes. 138.
Montana Fish, Wildlife & Parks (MFWP). 2019. Laboratory Standard Operating Procedures,
Spring 2019. FWP Aquatic Invasive Species (AIS) Early Detection and Monitoring Program.
Riverside County Parks (RCP), and Coachella Valley Water District (CVWD). 2016. Wetsuit
Inspection Protocol - Triathlon Vendors. Document prepared October 17, 2016.
Stanislawczyk, K., M.L. Johansson, and H.J. MacIsaac. 2017. Microscopy versus automated
imaging flow cytometry for detecting and identifying rare zooplankton. Hydrobiologia 807: 53-
65.
Stockton-Fiti, K. and R. Claudi. 2017. Use of a differential simple stain to confirm mortality of
dreissenid mussel veligers in field and laboratory experiments. Management of Biological
Invasions 8(3): 325-333.
U.S. Department of the Interior, Bureau of Reclamation (DOIBR). 2013. Improving Accuracy in
the Detection of Dreissenid Mussel Larvae. Technical Memorandum No. 86-68220-13-10., August
2013.
van der Gaag, M., G. van der Velde, S. Wijnhoven, and R.S.E.W. Leuven. 2016. Salinity as a
barrier for ship hull-related dispersal and invasiveness of dreissenid and mytilid bivalves. Marine
Biology 163, 147.
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Wright, D.A., E.M. Setzler-Hamilton, J.A. Magee, V.S. Kennedy, and S.P. McIninch. 1996. Effect
of Salinity and Temperature on Survival and Development of Young Zebra (Dreissena
polymorpha) and Quagga (Dreissena bugensis) Mussels. Estuaries 19, 619–628.
FINAL- PSA with VNLC with Exhibits -
11.23.2021
Final Audit Report 2021-12-06
Created:2021-12-01
By:Shannon Chamberlain (snchamberlain@rivco.org)
Status:Signed
Transaction ID:CBJCHBCAABAAWH63l5oeHwaemXs-dxc_XiZilbpLUGhV
"FINAL- PSA with VNLC with Exhibits - 11.23.2021" History
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