RPVCCA_CC_SR_2013_04_16_E_Fuel_Modification_Agreement_Amdmt_Fire_Grazers_IncCITY OF
MEMORANDUM
4o RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
LES M.JONES II,INTERIM DIRECTOR OF PUB~
WORKS --V
April 16,2013
APPROVE THE FIRST AMENDMENT TO AGREEMENT
WITH FIRE GRAZERS INC.,FOR FUEL MODIFICATION
BY GRAZING ANIMALS (In Support of 2013 City
Council Goal #5:Government Efficiency,Fiscal
Control and Transparency).
CAROLYN LEHR,CITY MANAGER cfl-...
Emilio Blanco,Maintenance Superintendent ~.
RECOMMENDATION
1.Approve the first amendment to the agreement for one fiscal year effective
July 1,2013 through June 30,2014,with Fire Grazers Inc.,for Fuel Modification by
Grazing Animals in an amount not to exceed $89,645.
2.Authorize the Mayor and City Clerk to execute the first amendment to the
agreement with Fire Grazers Inc.,for Fuel Modification by Grazing Animals.
BACKGROUND
On June 15,2010,the City Council awarded a contract to Fire Grazers Inc.,for Fuel
Modification by Grazing Animals.The contract had an initial term of three years with
three (3)one year extensions to the contract.
DISCUSSION
The City of Rancho Palos Verdes fuel modification plan comes from an initial review of
several other organizations and cities'experiences.The cost of clearing brush by
landscaping firms is at times higher than the cost of clearing brush using grazing
animals such as goats.Therefore,a pilot project was performed in the fall of 2008,
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using goats on an adjacent lot to the City Hall building.This pilot project was well-
received by Staff and the public,proving that this method could be considered a viable,
cost-efficient,and environmentally-beneficial alternative,compared to the more
conventional method of using man-power and gas-powered tools to control natural
vegetation growth.After the success of the pilot program,in the fall of 2010 staff
prepared bid documents and publicized a request for the clearance of brush city-wide
using goats.
RECOMMENDATION
Staff recommends approving the first amendment to Fire Grazers Inc.,for Fuel Modification
by Grazing Animals.The agreement will be based on a per acre cost from the 2010 bid
submitted.Adopting staff's recommendation will assist the City in meeting the Los Angeles
County Fire Department,and the Los Angeles Weights and Measures requirements for
annual fuel modification on City owned properties.
The First Amendment to Fire Grazers Inc.,for Fuel Modification by Grazing Animals,
extends the original agreement for the period of one year from July 1,2013 to June 30,
2014.Staff requests the Council's approval and the Mayor's execution of this one-year
first amendment agreement.
FISCAL IMPACT
The rates and annual contract amount have not changed from the first three years of
the contract.The proposed FY 2013-2014 fuel modification budget expenditure is
included in the scheduled budget adoption for later this year.The funding source for
this contract is Parks Trails and Open Space Budget Program.
Attachments:
•Exhibit A:Fire Grazers Inc.Original Agreement
•Exhibit B:Fire Grazers Inc.Fee Schedule
•Exhibit C:First Amendment to Fire grazers Inc.,for Fuel Modification by Grazing
Animals.
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Exhibit "A"
AGREEMENT FOR FUEL MODIFICAnON SERVICES BY GRAZING
This Agreement ("Agreement")is made and entered this I S'day of ';ylAif\Q,,20 I 0,by and
between the City of Rancho Palos Verdes (hereinafter referred to as the "City,")and Fire Grazers,Inc.
(hereinafter referred to as "Contractor").
WHEREAS,City desires to clear brush at various locations throughout the City by grazing of goats;and
WHEREAS,Contractor has represented that it is fully qualified to assume and discharge such
responsibility .
NOW,THEREFORE.the parties hereto do agree as follows:
1.Scope of Services.Contractor shall perform the work and provide the services and materials for
the project identified as Fuel Modification Services by Grazing (the "Project")as described in
these Plans and Specifications,attached hereto as Exhibit "A"and incorporated herein by this
reference,including miscellaneous appurtenant work.Contractor shall perform the work and
provide the services and materials for the Project only between April 15th and November 14th of
each year that the Agreement is in effect.In the event of any conflict between the terms of this
Agreement and any attached exhibit,the terms of this Agreement shall be controlling.
2.Term.This Agreement shall commence on July 1,2010 and shall terminate on June 30,2013 (the
"Initial Term"),unless sooner terminated pursuant to Section 7 oftbis Agreement.After the
Initial Term,the Agreement may be renewed for three (3)one-year periods by mutual written
agreement.
3.Compensation.In consideration of the services rendered hereunder,City shall pay Contractor
according to the Prices in Contractor's Proposal,attached hereto and incorporated herein as
Exhibit "B,"and in a manner as described in Exhibit "A."
4.Time.Upon receipt of written Notice to Proceed from the City,Contractor shall perform with
due diligence the services requested by the City and agreed on by Contractor,Time is of the
essence in this Agreement.
5.Use.The City grants access to Contractor to the premises as stated in each Notice to Proceed for
the sole purpose of grazing goats.The premises shall be used for no other purpose by the
Contractor without the prior written consent of the City.
6.Inde,pendent Contractor.Contractor is and shall at all times remain,as to the City,a wholly
independent contractor.Neither the City nor any of its agents shall have control over the conduct
of Contractor or any of the Contractor's employees,except as herein set forth,and Contractor is
:free to dispose of all portions of its time and activities which it is not obligated to devote to the
City in such a manner and to such persons,firms,or corporations at the Contractor wishes except
as expressly provided in this Agreement.Contractor shall take no power to incur any debt,
obligation,or liability on behalf of the City or otherwise act on behalf of the City as an agent.
Contractor shall not,at any time or in any manner,represent that it or any of its agents,servants
or employees are in any manner agents,servants or employees of City.Contractor agrees to pay
all required taxes on amounts paid to Contractor under this Agreement,and to indemnify and hold
the City harmless from any and all taxes,assessments,penalties,and interest asserted against the
City by reason of the independent contractor relationship created by this Agreement.Contractor
shall fully comply with the workers'compensation law regarding Contractor and its employees.
R6876-0001\1234380v2.doc
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Contractor further agrees to indemnify and hold the City hannless from any failure of Contractor
to comply with applicable workers'compensation laws.The City shall have the right to offset
against the amount of any fees due to Contractor under this Agreement any amount due to the
City from Contractor as a result of its failure to promptly pay to the City any reimbursement or
indemnification arising under this Section.
7.Termination.The City may terminate this Agreement with cause upon thirty (30)days written
notice,and either parts may terminate this Agreement without cause upon 120 days written
notice.In the event of termination without fault of Contractor,City shall pay Contractor for all
services satisfactorily rendered prior to date of termination,and such payment shall be in full
satisfaction of all services rendered hereunder.
8.Prevailing Wages.Contractor has advised the City that is does not employ any employee(s)in
performing the worle and providing the services and materials for the Project pursuant to this
Agreement.Thus,requirements regarding the payment of prevailing wages are not relevant to
this Agreement.
9.Incorporation by Reference.All of the following documents are attached hereto and incorporated
herein by this reference:City of Rancho Palos Verdes Instructions for Execution of Instruments;
Insurance Requirements for the City of Rancho Pains Verdes Fuel Modification Services by
Grazing Contract;Workers'Compensation Certificate of Insurance;Agreement to Comply with
California Labor Law Requirements;Indemnification and Hold Harmless Agreement and Waiver
of Subrogation and Contribution;Additional Insured Endorsement (Comprehensive General
Liability);Additional Insured Endorsement (Automobile Liability);and Additional Insured
Endorsement (Excess Liability).
10.Applicable Law.Should either party to this Agreement bring legal action against the other,the
validity,interpretation,and performance of this Agreement shall be controlled by and construed
under the laws of the State ofCalifomia,excluding California's choice of law rules.Venue for
any such action relating to this Agreement shall be in the Los Angeles County Superior Court.
11.Attorneys'Fees.If any legal action or other proceeding,including action for declaratory relief,is
brought for the ,(:Dforcement ofthis Agreement or because of an alleged dispute,breach,default
or misrepresentation in connection with this Agreement,the prevailing party shall he entitled to
recover reasonable attorneys'fees,experts'fees,and other costs,in addition to any other relief to
which the party may be entitled.
12.Titles.The titles used in this Agreement are for general reference only and are not part of the
Agreement.
13.Entire Agreement.This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between City and Contractor
and supersedes all prior negotiations.representations or agreements,either written or oral.This
Agreement may he modified or amended,or provisions or breach may he waived,only by
subsequent written agreement signed by both parties.
14.Construction.In the event of any asserted ambiguity in,or dispute regarding the interpretation of
any matter herein,the interpretation of this Agreement shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the uncertainty to exist or
against the party who drafted the Agreement or who drafted that portion of the Agreement.
R6876·000 1\1 234380v2.doc 2
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15.Non-Waiver of Terms.Rights and Remedies.Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement.In no event shall the making by the City of any payment to
Contractor constitute or be construed as a waiver by the City of any breach of covenant,or any
default which may then exist on the part of Contractor,and the making of any such payment by
the City shall in no way unpair or prejudice any right or remedy available to the City with regard
to such breach or default.
16.Severability.If any term or portion of this Agreement is held to be invalid,illegal,or otherwise
unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement
shall continue :in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first
above written,I J;!;J ,
Dated:(/?ZLzoro ~..:>("Contnlctor")
BY:SHAI-I,(I4-tc S;H41-(~{1t<-1
S Ec.re.~i"'.tt..e..y e.liz.G",4>()tZE ~
Fi teG ~r4ZG ~S,IN Q.,By:_
Datoo:_
ATTEST:
CITY CLERK
R6876-0001 \1 234380v2.doc 3
The City of Rancho Palos Verdes,
A Municipal Corporation ("City")
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Exhibit ''B'':Prices in Contractor's Proposal
Abatement Zone Location Description Lump Sum Price
Number
1 Bordering residences on Via Capri $4,690.00
2 Bordering City Hall $4,050.00
3 Bordering residences on Calle Viento $5,415.00
4 Bordering residences on Avenida Annlo $4,145.00
13 Bordering residences on Tarragon and Arrowroot Lane $4,750.00
14 Bordering residences on Seacove Drive $3,440.00
15 Bordering residences on Admirable!Dauntless Drive $3,785.00
17 Bordering residences on Pirate Drive $7,475.00
21 Bordering residences on Narcissa Drive $3,445.00
22 Bordering residences on Narcissa Drive,near Vanderlip $3,200.00
25 Bordering residences on Amber Sky Drive $6,650.00
27 Bordering Vanderlip Drive $3,810.00
28 Bordering Vanderlip Drive $3,110.00
29 Botd~g residences on Ocean Terrace,Searidge $18,200.00
34 Shoreline Park $5,940.00
35 Crestridge,near Indian Peak Road $3,800.00
36 Bordering Indian Peak Road $3,740.00
Total Base Bid $89,645.00
Extra work for any area added to the contract $1,150.00 per acre
R6876-000 I\1234380v2.doc 5
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FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF
RANCHO PALOS VERDES
Bid Opening -Monday,June 7,2010 @ 10:00 a.m.
BIDDER BID
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Exhibit "e"
First Amendment to Agreement between
the City of Rancho Palos Verdes and Fire Grazers Inc.
This agreement is an amendment ("Amendment")to the fuel modification services
by grazing agreement between the City of Rancho Palos Verdes ("City")and Fire Grazers
Inc.("Contractor"),dated June 15,2010 ("Agreement").This Amendment is effective as of
July 1,2013,and is being made to extend the term of the Agreement for one year.
Section 1.Section 2 of the Agreement is hereby amended to read as follows:
"Term.This Agreement shall commence on July I,2010 and shall terminate on
June 30,2014,unless sooner terminated pursuant to Section 7 of this Agreement.
Additionally,there shall be two (2)one-year options to renew the Agreement with the
mutual wri~ten consent of both parties."
Section 2.Section 3 of the Agreement is hereby amended to read as follows:
"Compensation.In consideration of the services rendered hereunder,City agrees to
compensate Contractor in accordance with prices in Contractor's Proposal,attached hereto
as Exhibit "B"and incorporated herein by this reference,and in any case an amount not to
exceed eighty-nine thousand six hundred forty-five dollars ($89,645)per fiscal year for
services as described in Section 1.The rates in Exhibit "B"shall be in effect through the
end of the Agreement."
Section 3.Except as expressly amended by this amendment to the Agreement,
all of the other provisions of the Agreement shall remain in full force and effect as written in
the Agreement.
IN WITNESS WHl=REOF,the parties hereto have executed this Amendment as of
the date and year first above written.
Dated:_
R6876-0001\1547187v1.doc
FIRE GRAZERS,INC.("CONTRACTOR")
By:_
Printed Name:---------
Title:------------
By:_
Printed Name:---------
Title:_
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ATTEST:
By:_
City Clerk
R6876-0001\1547187v1.doc
CITY OF RANCHO PALOS VERDES
("CITY")
By:_
Mayor
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