Loading...
Palos Verdes Peninsula Land Conservancy (PVPLC) - FY2021-028 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE PALOS VERDES PENINSULA LAND CONSERVANCY FOR THE REVEGETATION OF AREAS 94, 95, AND 96 THIS MEMORANDUM OF UNDERSTANDING ("MOU") is effective as of NoV. 2 , 2020, and is between the City of Rancho Palos Verdes ("RPV") and the Palos Verdes Peninsula Land Conservancy ("PVPLC") RPV and PVPLC are sometimes referred to as a "Party" and collectively as the "Parties " RECITALS A RPV and PVPLC are required to perform annual fuel modification for fire prevention purposes and the Parties wish to engage in a strategic revegetation ("Project") of the fuel modification zones 94, 95 and 96 ("Zones"), as further described in Exhibit"A" attached hereto, to minimize the negative impacts of traditional methods of fuel modification while increasing habitat value E The Parties desire to work cooperatively to benefit both agencies by reducing ongoing fuel modification costs for the Zones Accordingly, the Parties desire to organize and fund the revegetation of the Zones AGREEMENT NOW, THEREFORE, the Parties in consideration of the mutual promises set forth in this MOU, agree as follows 1 Purpose of Memorandum of Understanding The purpose of this MOU is for the Parties to work cooperatively to organize and fund the revegetation of the Zones RPV will provide funds to the PVPLC for all costs associated with the revegetation of the Zones 2 Responsibilities of the Parties 2 1 PVPLC PVPLC agrees to do the following (a) Provide the necessary services to conduct the Project, including the purchase of the correct vegetation, clearing of the Zones in preparation for re-vegetation, and planting the re-vegetation materials in the area, pursuant to the proposal PVPLC provided to RPV, attached hereto as Exhibit "B" (b) Provide monthly invoices to RPV for the cost of the services conducted to that date 2 2 RPV RPV agrees to do the following (a) Upon receipt of an invoice from PVPLC, RPV will conduct a progress check of the Project within five (5) days RPV, in its sole discretion, will 01203 0006/645325 1 1 RPV- PVPLC MOU determine whether the invoice correctly describes the work completed Once RPV makes that determination, the invoice shall be paid in full within thirty (30) days (c) RPV will provide up to a maximum compensation of$12,700 for the completion of the Project 3 Notices Any notice or other communication ('Notice") which either Party may desire to give to any other Party under this MOU must be in writing and may be given by any commercially acceptable means, to the addresses below RPV City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Attention City Manager PVPLC Palos Verdes Peninsula Land Conservancy 916 Silver Spur Road #207 Rolling Hills Estates, CA 90274 Attention Executive Director 4 Interpretation This MOU will be interpreted, construed, and governed according to the laws of the State of California Each Party has had the opportunity to review this MOU with legal counsel The Agreement will be construed simply, as a whole, and in accordance with its fair meaning It will not be interpreted strictly for or against either party 5 Third-Party Beneficiaries Nothing contained in this MOU will be construed to create any rights in third parties and the Parties do not intend to create such rights 6 Attorneys' Fees In the event that any Party commences legal action of any kind or character to either enforce the provisions of this MOU or to obtain damages for breach thereof, the prevailing party in such litigation will be entitled to all costs and reasonable attorneys' fees incurred in connection with such action 7 Severability If any provision of this MOU, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision will be severable and will not in any way impair the enforceability of any other provision of this MOU 8 Amendment of MOU This MOU may be amended at any time by mutual agreement of the Parties Any amendment must be in writing and signed by both Parties 9 Entire Agreement This MOU constitutes the entire agreement between the Parties relating to the subject of this MOU and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof 01203 0006/645325 1 2 RPV- PVPLC MOU THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF the Parties hereby execute this Agreement as follows CITY OF RANCHO PALOS VERDES, a municipal corporation By Ara ity Manager Attest By milt' orn, City CleilitiAr PALOS VERDES PENINSULA LAND CONSERVANCY By i u%Y1 ,.rc (hat.-a`. Adrienne Mohan, Executive Director 01203 0006/645325 1 3 RPV- PVPLC MOU Revegetation for Fuel Modification Schedule Area 94 Bird Surveys Week of November 9 – 13, 2020 Weed trimming (by City vendor) Week of November 16 – 20, 2020 Soil Preparation Week of January 11th Planting and Seeding Week of January 11th Joint Inspection by PVPLC and City Week of TBD Area 95 Bird Surveys Week of November 9 – 13, 2020 Weed trimming (by City vendor) Week of November 16 – 20, 2020 Soil Preparation Week of January 11th Planting and Seeding Week of January 11th Joint Inspection by PVPLC and City Week of TBD Area 96 Bird Surveys Week of November 9 – 13, 2020 Weed trimming (by City vendor) Week of November 16 – 20, 2020 Soil Preparation Week of January 11th Planting and Seeding Week of January 11th Joint Inspection by PVPLC and City Week of TBD