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CC SR 20210504 G - Fuel Modification CITY COUNCIL MEETING DATE: 05/04/2020 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to expand fuel modification services on City-owned property. RECOMMENDED COUNCIL ACTION: (1) Receive and file a report on an updated Fuel Modification Plan; and (2) Authorize a contract amendment to Fire Grazers, Inc., in the amount of $165,126, to expand fuel modification services on City-owned property through June 30, 2022. FISCAL IMPACT: The fiscal impact to expand fuel modification services in Fiscal Year 2020-21 is $62,563. This cost is offset by salary savings, therefore, an additional appropriation is not needed. The remaining difference will be budgeted for Fiscal Year 2021-22. Amount Budgeted: $554,500 Additional Appropriation: N/A Account Number(s): 101-400-3230-5201 (General Fund - Fuel Modification, Repair & Maintenance Services) ORIGINATED BY: James S. O’Neill, Project Manager (Public Works) REVIEWED BY: Ramzi Awwad, Director of Public Works APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Amendment No. 2 to the contract with Fire Grazers, Inc. (page A-1) B. Amendment No. 1 to the original contract with Fire Grazers, Inc. (page B- 1) C. Quote from County of Los Angeles for weed abatement in Malaga Canyon (page C-1) D. Right-of-way map areas for fuel modification (page D-1) BACKGROUND AND DISCUSSION: Los Angeles County Fire Code requires the clearance of hazardous vegetation around structures to create “defensible space” in Fire Hazard Severity Zones and High Fire Hazard Severity Zones for effective fire protection of property, life, and the environment. This clearance, known as fuel modification, reduces the radiant and convective heat, and provides valuable defensible space for firefighters to make an effective stand 1 against an approaching fire front. The Los Angeles County Fire Department and Los Angeles County Department of Agricultural Commissioner/Weights and Measures, Weed Hazard and Pest Abatement Bureau (LACDAC) jointly enforce these requirements. Within the City limits of Rancho Palos Verdes, this requires fuel modification within 200-feet around structures. The City is responsible for the portion of these fuel modification areas that are within the boundaries of city-owned property including within the public right-of-way. Fuel Modification Adjacent to Rights-of-Way The City has contracts for fuel modification services within the boundaries of City property, but public right-of-way areas are maintained through the City’s landscape maintenance contract. For this reason, right-of-way areas (which are typically alongside roadways) were not considered when developing the City’s Fuel Modification Plan. In reviewing the City’s Fuel Modification Plan for 2021, Staff identified a few atypical right-of-way areas, adjacent to the Palos Verdes Nature Preserve, that were not included in the Plan and are not covered by the City’s landscape maintenance contract. These areas are adjacent to Three Sisters, Filiorum and Portuguese Bend Reserves as shown on the attached map (Attachment D). Staff recommends amending the Fire Grazers contract to perform additional fuel modification services in the areas indicated in the attached map (Attachment D), which equates to $14,112 annually for 2021 and 2022. This additional cost can be funded with personnel salary savings in FY 2020-21 thereby not requiring additional appropriation. Malaga Canyon Reserve Approximately 37 acres of City property are designated as Fuel Mod areas in the Malaga Canyon Reserve of the Palos Verdes Nature Preserve. The City has historically contracted with the LACDAC for fuel modification in this area, which has been performed by means of disking (a tractor pulling an attachment that rips the vegetation and soil). The quote for this year from LACDAC for these services is considerably higher than in past years ($70,900 compared to $12,435 in 2020). The higher quote from LACDAC (Attachment C) makes contracting, as recommended by Staff, with Fire Grazers for fuel modification in this area more cost effective ($68,451 compared to the $70,900 quote). It is also worth noting that goat grazing would be more in line with the City’s Natural Communities Conservation Plan/Habitat Conservation Plan , which discourages disking. The cost of $68,451 for FY 2021-22 is offset by $20,000 originally budgeted for disking, resulting in a net increase of $48,451 for this area, which can be funded with personnel salary savings. 2 CONCLUSION: To aid in this year’s fuel modification efforts, Staff recommends amending the contract with Fire Grazer’s to expand fuel modification services on City-owned properties which is consistent with City Council Goals for FY2020-21. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1) Do not approve expanded fuel modification services with Fire Grazers, Inc. and direct staff to seek proposals from other vendors for the additional services or continue to use LACDAC. 2) Discuss and take other action related to this item. 3 A-1 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES ("Amendment No. 2") by and between the CITY OF RANCHO PALOS VERDES ("City") and FIRE GRAZERS, INC., a California corporation ("Consultant") is effective as ofMay 4, 2021. RECITALS A. On September 17, 2019, City and Consultant entered into that certain Agreement for Contractual Services for fuel modification using goats for a 3-year Term and a Contract Sum of $450,000. B. On February 4, 2020, City and Consultant entered into an amendment to the Agreement (Amendment No. 1), to include additional areas for fuel modification, increasing the annual compensation by $43,815 to 193,815, and increasing the Contract Sum to $581,445. C. City and Consultant desire to further amend the Agreement, as amended, to include additional areas for fuel modification. This will increase the annual contract amount by $82,563 (from $193,815 to $276,378) for the remaining 2 years of the Term, and the Contract sum from $581,445 to $746,571. TERMS 1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in striketlu·ougb and added text in bold italics. a. Section 2.1, Contract Sum, is amended to read: "Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $581 445 (Five H:undred Eighty One Thousand Four Hundred Forty Fi'le)$746,571 (Seven Hundred Forty Six Thousand Three Hundred Seventy Eight Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9." b. Exhibit "C", Schedule of Compensation, is replaced with Exhibit "C", Schedule of Compensation--Amendment No. 2, attached hereto and incorporated by reference. c. Exhibit "0", Schedule of Performance, is replaced with Exhibit "D", Schedule of Performance --Amendment No. 2, attached hereto and incorporated by reference. A-2 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No.2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendments 1 and 2 to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No . 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.2. 5. Authority. The persons executing this Amendment No.2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing , (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No.2, such party is formally bound to the provisions of this Amendment No.2, and (iv) the entering into this Amendment No.2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01203 .0006/712350.4 -2- A-3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Eric Alegria, Mayor CONSULTANT: c. By: e: Chief Executive Officer By: Name: Aaron Choi Title: Secretary Address: 4107 Triangle Road Mariposa, CA 95338 :::>" Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULT ANT'S BUSINESS ENTITY. 01203 .00061712350.4 -3- A-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of MJ llnJI-I~'i. On vo/ I<P7 /,2:0<21 r I before me, "'7A~...,,.'-LO.sac.c-!...Jj>o'-L<..<m_,_,(j'._,v:...Ju,ILY21...-""'-----<.;:;/A::..<~...;.:~:>.>t>kc.=:a...,fo'· 11.......,6-'-'~"'"' ...... "-+Y---rR'-'v'-'h=b-==C..::;____ -7 1 I Date Here Insert Name and Title of the Officer personally appeared .4a "'lZ'0 Cht:n · ao,o{_ drchMA Chtn · Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Js"/are subscribed to the within instrument and acknowledged to me that l)els~/t hey executed the same in his/her/their authorized capacity(ies), and that by J:tts/her1t heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S i gn atu ~-r4-.... Signature otary Public Place Notary Sea/ Above ------------------------------OPTIONAL ------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:----------------------------- Document Date: -------------------Number of Pages: _____ _ Signer(s) Other Than Named Above: ----------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name : ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner-0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other:-------------- Signer Is Representing : _________ _ Signer Is Representing : ________ _ <&'----··-·······-~·-·---~~ ©2016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827} Item #5907 A-5 EXHIBIT "C" SCHEDULE OF COMPENSATION-Amendment No. 1 I. Consultant shall perform Fuel Modification by Grazing at the following rates: Fuel Mod Estimated Three Year Zone Area Description Acreage Annual Cost Cost 17 Point Vicente Interpretive Center 2.5 $3,120 $9,360 By Point Vicente Interpretive Center TBD $6 ,850 $20 ,550 17 (Goat Event Area) 21 Alta Vicente Reserve (City Hall) 13.5 $7,830 $23,490 11 Three Sisters Reserve 5.1 $6,375 $19,125 9 Tarragon 1.3 $2 ,255 $6 ,765 10 Abalone Cove Shoreline Park 1.8 $3,223 $9,669 70 Filiorum Reserve (Upper) 4.2 $5,670 $17,010 78 Portuguese Bend Reserve 5.2 $6,240 $18,720 77 Peppertree Road 2 .2 $2,860 $8 ,580 81 Forrestal Nature Reserve 5.4 $8 ,350 $25,050 20 Alta Vicente Reserve 4.0 $4,690 $14,070 63 Vista Del Norte Reserve 0.4 $1 ,350 $4,050 64 Vista Del Norte Reserve 1.2 $1,850 $5 ,550 66 Vista Del Norte Reserve 2.6 $3,510 $10,530 73 Filiorum Reserve (Upper) 14.2 $20,977 $62,931 28 Filiorum Reserve 7.1 $3,400 $10,200 13 Filiorum Reserve (Del Cerro Park) 2 .6 $4 ,100 $12 ,300 82 San Ramone Reserve 2.5 $3,705 $11,115 86 San Ramone Reserve 2.2 $2,870 $8,610 84 San Ramone Reserve 0.9 $2,300 $6,900 31 Ocean Trails Reserve 2.6 $3,510 $10,530 92 Ocean Trails Reserve 1.1 $1,650 $4,950 91 Ocean Trails Reserve 7.0 $9,100 $27,300 15 Aqua Armaga Canyon 7.2 $12,900 $38,700 58 Grandview Park#1 1.4 $2,100 $6,300 59 Grand View Park#2 8.1 $10,530 $31,590 TBD Sites To Be Determined TBD $20,000* $60,000* TBD Revisiting sites due to regrowth TBD $32,500** $97,500** Two Year Cost (2021-2022) 1 by the Three Sisters Reserve 1.7 $2,550 $5,100 2 by the Filiorum Reserve 6.25 $11,562 $23,124 01203 .0006/712350.4 A-6 12 Malaga Canyon Reserve 24.02 $44,457 $88,914 60 Malaga Canyon Reserve 7.92 $14,652 $29,304 61 Malaga Canyon Reserve 5.05 $9,342 $18,684 TOTAL COMPENSATION ANNUAL CONTRACT SUM $193,815 $746,571 (Yr 1) $276,378 (Yr 2 and Yr 3, each) * $20,000 is budgeted for additional sites determined necessary for Fuel Modification. This will be billed at a rate of $1 ,3 50/acre plus $1,100 transportation cost per individual site. ** $32 ,500 is budgeted for revisiting (re-grazing) sites to clear regrowth of brush. This will be billed at a rate between 50% and 70% of the original site cost, dependent on site conditions. II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. NOT APPLICABLE III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: Line items for each location serviced and completed weekly reports. V. The total compensation for the Services shall not exceed $1,134,201, as provided in Section 2.1 of this Agreement, and the annual amount shall not exceed $276,378. VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1. NOT APPLICABLE 01203.00061712350.4 A-7 EXHIBIT "D" SCHEDULE OF PERFORMANCE-Amendment No.2 I. Unless earlier terminated in ac'tordance with Article 7 of this Agreement, the term of this Agreement shall be September 17, 2019 to September 17, 2022. The term of this Agreement may be extended up to two years, by exercising up to two one-year options, based on Contractor performance and mutual consent. II. Consultant shall perform all Services, at the locations indicated in Exhibit C, Amendment No. 2, between April1 and June 30 of each year. The City's Contract Officer may allow the dates for the Services to vary slightly based on the grazing season. III. Consultant shall deliver activity reports in accordance with Exhibit "A", Section III of this Agreement. IV. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01203.00061712350.4 B-1 • AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTUAL SERVICES TillS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES ("Amendment No 1 ") by and between the CITY OF RANCHO PALOS VERDES ("City") and FIRE GRAZERS, INC., a Cahforrua corporatwn ("Consultant") IS effectlve as ofFebruary 4, 2020 RECITALS A City and Consultant entered mto that certam Agreement for Contractual Services for fuel modificatwn usmg goats for a 3-year Term and a Contract Sum of$450,000 B City and Consultant now desue to amend the Agreement to mclude additional areas for fuel modificatwn This Will mcrease the annual contract amount by $43,815 (from $150,000 up to $193,815), and the Contract sum from $450,000 to $581,445 TERMS 1 Contract Changes The Agreement IS amended as provided herem Deleted text IS mdicated m stnkethrot~gh and added text m bold 1tallcs a Sectwn 2 1, Contract Sum, IS amended to read "SubJect to any hmitatwns set forth m this Agreement, City agrees to pay Consultant the amounts specified m the "Schedule ofCompensatwn" attached hereto as Exhibit "C" and mcorporated herem by this reference The total compensatwn, mcludmg reimbursement for actual expenses, shall not exceed $450,000 (Fo\Jf Hoodred F1fty Thot~sand Dollars)$581,445 (F1ve Hundred E1ghty One Thousand Four Hundred Forty F1ve) (the "Contract Sum"), unless additiOnal compensatwn IS approved pursuant to Sectwn 1 9 " b Exhibit "C", Schedule of Compensatwn, IS replaced With Exhibit "C", Schedule of Compensatwn --Amendment No 1, attached hereto and mcorporated by reference c Exhibit "D", Schedule of Performance, IS replaced With Exhibit "D", Schedule of Performance --Amendment No 1, attached hereto and mcorporated by reference 2 Contmumg Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remam unchanged and m full force and effect From and after the date of this Amendment, whenever the term "Agreement" appears m the Agreement, It shall mean the Agreement, as amended by this Amendment to the Agreement l 3 AffirmatJ.on of Agreement, Warranty Re Absence of Defaults. City 'and Consultant each ratify and reaffirm each and every one of the respective nghts and obhgatwns ansmg under the Agreement Each party represents and warrants to the other that there have been no B-2 wntten or oral modificatiOns to the Agreement other than as provided herem Each party represents and warrants to the other that the Agreement IS currently an effective, vahd, and bmdmg obhgatwn Consultant represents and warrants to City that, as of the date of tills Amendment, City IS not m default of any matenal term of the Agreement and that there have been no events that, With the passmg of time or the g1vmg of notice, or both, would constitute a matenal default under the Agreement City represents and warrants to Consultant that, as of the date of tills Amendment, Consultant IS not m default of any matenal term of the Agreement and that there have been no events that, With the passmg of time or the giVmg of notice, or both, would constitute a matenal default under the Agreement 4 Adequate Consideration. The parties hereto rrrevocably stipulate and agree that they have each receiVed adequate and mdependent consideratiOn for the performance of the obhgatwns they have undertaken pursuant to tills Amendment 5 Authority The persons executmg tills Amendment on behalf of the parties hereto warrant that (I) such party IS duly orgaruzed and eXIstmg, (n) they are duly authonzed to execute and dehver tills Amendment on behalf of srud party, ( m) by so executmg tills Amendment, such party IS formally bound to the provlSlons of tills Amendment, and (Iv) the entenng mto tills Amendment does not vwlate any provlSlon of any other agreement to which srud party IS bound [SIGNATURES ON FOLLOWING PAGE] 0 1203 0006/628113 I -2- • B-3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above wntten APPROVED AS TO FORM. ALESHIRE & WYNDER, LLP CITY CITY OF RANCHO PALOS VERDES, a muruc1pal corporation ~,~ayor CONSULTANT By Chief Executive Officer By~;n@' Title Secretary Address 4107 Tnangle Road Manposa, CA 95338 Two corporate officer s1gnatures requ1red when Consultant 1s a corporatiOn, with one s1gnature reqUired from each ofthe followmg groups 1) Cha1rman of the Board, President or any V1ce Pres1dent, and 2) Secretary, any Ass1stant Secretary, Ch1ef Fmanc1al Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULT ANT'S BUSINESS ENTITY 01203 0006/628113 I -3- B-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completmg th1s certificate venfies only the Identity of the mdiVIdual who signed the document to which this certificate IS attached, and not the truthfulness, accuracy or validity of that document On , 2 0 before me, , personally appeared , proved to me on the basis of satisfactory VIdence to be the person(s) whose names(s) 1s/are subscnbed to the w1thm mstrument and acknowledged to me th he/she/they executed the same m h1slher/therr authonzed capacity(Ies), and that by h1slher/therr s1gnature(s) on the ms ent the person(s), or the entity upon behalf of which the person(s) acted, executed the mstrument I certify under PENALTY OF and correct RJUR Y under the laws of the State of California that the foregomg paragraph IS true see-,~~CHt:~ WITNESS my hand and official seal C:tiLt rPlCC§._ Though the data below IS not requrred by law, It may ove valuable to persons relymg on the document and could prevent fraudulent reattachment of th1s form CAPACITY CLAIMED BY SIGNER ESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL 0 CORPORATE OFFICER D D D D D TITLE(S) PARTNER(S) 0 LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER~--------------------- SIGNER IS REPRESENTING (NAME OF PERSON(S) OR ENTITY(IES)) 01203 0006/628113 I TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE B-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary pubhc or other officer completmg this certificate venfies only the Identity of the mdividual who s1gned the document to which this certificate IS attached, and not the truthfulness, accuracy or vahd1ty of that document LOS ANGELES On , 020 before me, , personally appeared , proved to me on the bas1s of satisfacto evidence to be the person(s) whose names(s) Is/are subscnbed to the w1thm mstrument and acknowledged to me the/she/they executed the same m hislher/therr authonzed capacity(Ies), and that by hlslher/therr s1gnature(s) on the ms ent the person(s), or the entity upon behalf of wh1ch the person(s) acted, executed the mstrument I certify under PENALTY OF P and correct RY under the laws of the State ofCahforma that the foregomg paragraph IS true WITNESS my hand and official seal Signature --------------->~-- EEG-A\\~c.Hb:f) CE12:TIFtcATc ~ Though the data below IS not requrred by law, It may prov valuable to persons relymg on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER D D D D D TITLE(S) PARTNER(S) 0 LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER _____________________ __ SIGNER IS REPRESENTING (NAME OF PERSON(S) OR ENTITY(IES)) 01203 0006/628113 I DE RIPTION OF ATTACHED DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE B-6 EXHIBIT "C" SCHEDULE OF COMPENSATION-Amendment No 1 I. Consultant shall perform Fuel Modification by Grazmg at the followmg rates: Fuel Mod Estimated Three Year Zone Area Descnpt1on Acreage Annual Cost Cost 17 Pomt VIcente Interpretive Center 25 $3,120 $9,360 By Pomt VIcente Interpretive Center TBD $6,850 $20,550 17 (Goat Event Area) 21 Alta VIcente Reserve (C1ty Hall) 13 5 $7,830 $23,490 11 Three S1sters Reserve 51 $6,375 $19,125 9 Tarragon 1 3 $2,255 $6,765 10 Abalone Cove Shoreline Park 1 8 $3,223 $9,669 70 F1horum Reserve (Upper) 42 $5,670 $17,010 78 Portuguese Bend Reserve 52 $6,240 $18,720 77 Peppertree Road 22 $2,860 $8,580 81 Forrestal Nature Reserve 54 $8,350 $25,050 20 Alta VIcente Reserve 40 $4,690 $14,070 63 V1sta Del Norte Reserve 04 $1,350 $4,050 64 V1sta Del Norte Reserve 1 2 $1,850 $5,550 66 V1sta Del Norte Reserve 26 $3,510 $10,530 73 F1horum Reserve (Upper) 14 2 $20,977 $62,931 28 F1l1orum Reserve 7 1 $3,400 $10,200 13 F1horum Reserve (Del cerro Park) 26 $4,100 $12,300 82 San Ramone Reserve 25 $3,705 $11,115 86 San Ramone Reserve 22 $2,870 $8,610 84 San Ramone Reserve 09 $2,300 $6,900 31 Ocean Trails Reserve 26 $3,510 $10,530 92 Ocean Trails Reserve 1 1 $1,650 $4,950 91 Ocean Trails Reserve 70 $9,100 $27,300 15 Aqua Armaga Canyon 72 $12,900 $38,700 58 Grandview Park#1 1 4 $2,100 $6,300 59 Grand V1ew Park#2 8 1 $10,530 $31,590 TBD S1tes To Be Determmed TBD $20,000* $60,000* TBD Rev1s1tmg s1tes due to regrowth TBD $32,500** $97,500** TOTAL COMPENSATION $193,815 $581,445 01203 0006/628113 1 B-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Pubhc or other officer completmg this certificate venfies only the Identity of the mdlVldual who signed the document to wluch this cert:I.ficate lS attached, and not the truthfulness, accuracy, or vahd.rty of that document State of Cahforma County of Manposa On j(}J)v..o.CL:t ~ ,'J./JQIJ , before me, RHONDA MATTIIEWS, Notary Public, ' personally appeared N\ \ t..'no.:t) ~hQ,\ who proved to me on the basis of satisfactory eVIdence to be the person~ whose name~ Is/~e subscnbed to the Withm InStrument and acknowledged to me that he/~/illey executed the same m lns~/~rr authonzed capacity~), and that by lnsMer/iberr signature(~ on the InStrument the person(~ or the entity upon behalf of wlnch the person~ acted, executed the InStrument I certify under PENALTY OF PERJURY under the laws of State of Cahforma that the foregomg paragraph IS true and correct ~-········---~ ~HONOAio\ATIHEWS -e.-Notary Pubhc Cahforma : ~ _ ~ M.u1pou County ~ z Comm•~s•on tl 2261798 - My Comm [x~""' Nov 4 2022 WITNESS my hand and official seal SIGNATURE~b, ~( NOTARY SEAL Though the mformanon below lS not reqwred by law, rt may prove valuable to persons relymg on the document and could prevent fraudulent removal and reattachment of this form to another document Descnpnon of attached document Title or type of document Rrawd m eDt rOJ. I To BeJ reem. e nf fi> r CoDtra r:h)a Q ::)ecvJ c.e S' Document Date _______________ Number ofrages I o(f-~J Signer(s) Other than Named Above A~ roc Uo'r; .J~kn Crv•ksA4n k 1 ?,.,.J'7 Ca/bo""' Ancl WIJIIqfVl w. 'vvyr~tler- B-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Pubhc or other officer completmg tlns certificate venfies only the Identity of the mdlVldual who signed the document to whlch tlns certificate lS attached, and not the truthfulness, accuracy, or vahdrty of that document State of Cahforma County of Manposa On ~()..nuo.r~ ~9, lCd..o , before me, RHONDA MATTHEWS, Notary Public, ' personally appeared ?..o..r-o(\ C ho', who proved to me on the basis of satisfactory eVIdence to be the person~) whose nameOO IS~e subscnbed to the Withm mstrument and acknowledged to me that he/she/they executed the same m hls/h)r/~rr authonzed capactty(I~, and that by hls~r/mxrr signature(~ on the mstrument the person~ or the entity upon behalf of which the person(~ acted, executed the mstrument I cerb.fy under PENALTY OF PERJURY under the laws of State of Cahforma that the foregomg paragraph IS true and correct ~ i).• ~. • • ;H;N: ;:;H;w; . ~ _ -Noury Pubhc Cahfornoa i ... ~ Mar1po~ County ~ Comm"Sion # 2261798 - o '"' My Comm Exp1r~ Nov 4 2022 WITNESS my hand and official seal SIGNATURE~ ~5 NOTARY SEAL Though the mformat10n below lS not reqwred by law, rt may prove valuable to persons relymg on 1he document and could prevent fraudulent removal and reattachment of tlns form to another document Descnpnon of attached document Title or type of document B.menoroea± reo I 1Q AeN,.efl\eoi ar Lorrr ro.~ 1 w:02 f'o\'v 1 c.o S .. Stgner(s)OtherthanNamedAbove H.1Cbtfe/Ch.o; .Joh" Cf'olkS"A4\nk, &z,/'1 Co I 00 r" A(\ d w I /It~"" ~ wynd(!,- B-9 EXHIBIT "D" SCHEDULE OF PERFORMANCE-Amendment No 1 I Unless earher termmated m accordance with Article 7 of this Agreement, the term ofthis Agreement shall be September 17,2019 to September 17,2022. The term of this Agreement may be extended up to two years, by exercismg up to two one-year options, based on Contractor performance and mutual consent. II. Consultant shall perform all services timely m accordance with the followmg anticipated schedule m "Exhibit D-1" of this Agreement. III. Consultant shall dehver activity reports m accordance With Exhibit "A", Section III of this Agreement. IV The Contract Officer may approve extensiOns for performance of the services m accordance with SectiOn 3 2. 01203 0006/628113 I B-10 * $20,000 IS budgeted for additiOnal sites determmed necessary for Fuel Modification This Will be billed at a rate of $1 ,3 50/acre plus $1,100 transportation cost per mdividual Site ** $32,500 IS budgeted for revlSltmg (re-grazmg) Sites to clear regrowth ofbrush This Will be billed at a rate between 50% and 70% of the ongmal site cost, dependent on site conditions II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services NOT APPLICABLE III Withm the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum 1s not exceeded per Section 2.1, unless AdditiOnal Services are approved per Section 1 9. IV The City will compensate Consultant for the Services performed upon submission of a vahd IDVOICe. Each IDVOICe IS to mclude• Lme Items for each locatiOn serviced and completed weekly reports V The total compensation for the Services shall not exceed $581,445, as provided m Section 2 1 of this Agreement, and the annual amount shall not exceed $193,815 VI The Consultant's b1llmg rates for all personnel are attached as Exh1b1t C-1 NOT APPLICABLE 0 1203 0006/628113 I B-11 EXHIBIT "D-1"-Amendment No.1 rev 02/04/2020 Fire Grazme Plan Goat Heard A Goat Heard 8 2020 Area 17, Po1nt V1cente 3/28-4/7 Interpretive Center (Goat Event Area) Area 21 , Alta V1cente 3/28-4/1 Reserve (C1ty Hall) Area 20, Alta V1cente 4/2-4/5 Reserve Area 11, Three S1sters 4/6-4/10 Reserve Area 9, Tarragon 4/8-4/9 Area 10, Abalone Cove 4/10-4/11 Area 81, Forrestal 4/11-4/15 Reserve Area 70, F1horum Reserve 4/12-4/15 (Vanderlip Rd ) Area 78, F1horum Reserve 4/16-4/20 (Narc1ssa Dr ) Area 31, Ocean Tra1ls 4/16-4/18 Reserve Area 92, Ocean Tra1ls 4/19-4/20 Reserve Area 77, F1horum Reserve 4/21-4/23 (Peppertree Dr ) Area 82, San Ramone 4/24-4/26 Reserve (Palos Verdes Dr East) Area 91, Ocean Tra1ls 4/21-4/27 Reserve (Formerly Shoreline) Area 86, San Ramone 4/27-4/28 Reserve (V1sta Del Mar) Area 84, San Ramone 4/29-4/30 Reserve (Bordenng 01203 0006/628113 I 2021 2022 March/Apnl March/Apnl 2021* 2022* March/Apnl March/Apnl 2021* 2022* Apnl 2021* Apnl2022* Apnl 2021 * Apnl2022* Apnl 2021* Apnl 2022* Apnl 2021* Apnl2022* Apnl2021* Apnl2022* Apnl2021* Apnl2022* Apnl 2021* Apnl2022* Apnl 2021* Apnl2022* Apnl 2021 * Apnl2022* Apnl 2021* Apnl2022* Apnl2021* Apnl2022* Apnl2021* Apnl2022* Apnl 2021* Apnl2022* Apnl2021* Apnl2022* B-12 Goat Heard A Goat Heard B 2020 2021 2022 Marymount College) Goat Heard A Goat Heard B 2020 2021 2022 Area 73, F1horum 4/28-5/12 Apni/May Apni/May Reserve 2021* 2022* Area 28, Del Cerro Park 5/1-5/3 May 2021* May 2022* Area 13 Del Cerro Park 5/4-5/5 May 2021* May 2022* Area 15, Agua Amarga 5/6-5/13 May 2021* May 2022* Canyon Area 63, V1sta Del 5/13 May 2021* May 2022* Norte Reserve Area 64, V1sta Del 5/14 May 2021* May 2022* Norte Reserve Area 66, V1sta Del 5/15-5/17 May 2021* May 2022* Norte Reserve Area 59, Grandview Park #2 5/14-5/20 May 2021* May 2022* Area 58, Grandv1ew Park #1 5/21-5/22 May 2021* May 2022* S1tes To Be S1tes To Be TBD TBD TBD Determmed Determined Rev1s1tmg s1tes due to Rev1s1t1ng s1tes due TBD TBD TBD regrowth to regrowth * Approximate dates are tentative only and subject to change dependent on the grazing season 01203 0006/628113 I B-13 CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and FIRE GRAZERS, INC. for Goat Grazing for Fuel Modification 01203.0006/581007.2 B-14 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND FIRE GRAZERS, INC. THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"") is made and entered into this 171h day of September, 2019 by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and FIRE GRAZERS, INC., a California corporation ("Consultant"'). City and Consultant may be referred to, individually or collectively, as "Party'' or "Parties.'· RECITALS A. Consultant provides fuel modification services by grazing using livestock. B. Consultant is the sole source provider of fuel modification services by grazing using livestock. C. Pursuant to Section 2.44.070(B) of the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW. THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULT ANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A·· and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 01203.0006/581007.2 B-15 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant" s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement. the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 California Labor Law. If the Scope of Services includes any "public work" or '"maintenance work:' as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8. Section 16000 et seq., and if the total compensation is $1 ,000 or more. Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq .. and all other applicable laws. including the following requirements: (a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (''DIR"') implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices. as prescribed by regulation. (b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2. copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department oflndustrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 01203.0006/581007.2 2 B-16 (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8. Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement. Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter L Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half ( 1 Y:!) times the basic rate of pay. (h) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows: "I am aware of the provisions of Section 3 700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code. and I will comply with such provisions before commencing the p~rformance of the work of this contract... a Consultant's Authorized Initial~ (i) Consultant's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such 01203.0006/581007.2 3 B-17 subcontractor's compliance with Division 2, Part 7. Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.7 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 01203.0006/581007.2 4 B-18 1.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering. adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant. incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement. which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (I 0%) of the Contract Sum or $25,000. whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B'' shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation. including reimbursement for actual expenses, shall not exceed $450,000 (Four Hundred Fifty Thousand Dollars) (the ''Contract Sum"), unless additional compensation is approved pursuant to Section 1.9. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services. less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained. and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. 01203.0006/581007.2 5 B-19 Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement. Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C", and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), traveL materials, equipment, supplies, and sub- contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this 01203.0006/581007.2 6 B-20 reference. When requested by the Consultant. extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant. including. but not restricted to, acts of God or of the public enemy. unusually severe weather. fires. earthquakes, floods, epidemics. quarantine restrictions, riots. strikes. freight embargoes. wars, litigation, and/or acts of any governmental agency, including the City. if the Consultant shall within ten (I 0) days of the commencement of such delay notify the Contract Officer in writing of the causes ofthe delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement. this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof. except as otherwise provided in the Schedule of Performance (Exhibit "D"). The City may. in its sole discretion. extend the Term for two (2) additional one- year term(s). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Michael Choi Chief Executive Officer (Name) (Title) It is expressly understood that the experience. knowledge. capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore. the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant. and any authorized agents. shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement. the 01203 0006/5810072 7 B-21 foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any. assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner. or to incur any obligation. debt or liability of any kind on behalf of or against City, whether by contract or otherwise. unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers. employees. or agents are in any manner officials. officers. employees or agents of City. Neither Consultant, nor any of Consultant's officers. employees or agents, shall obtain any rights to retirement. health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Ron Dragoo. City Engineer, or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority. if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner. mode or means by which Consultant, its agents or employees. perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge. supervision or control of Consultant's employees. servants. representatives or agents, or in fixing their number. compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. 01203.0006/581007.2 8 B-22 The experience, knowledge, capability and reputation of Consultant its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore. Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition. neither this Agreement nor any interest herein may be transferred, assigned. conveyed. hypothecated or encumbered voluntarily or by operation of law. whether for the benefit of creditors or otherwise. without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer. including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant's indemnification of City. and prior to commencement of any services under this Agreement Consultant shall obtain. provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01. in an amount not less than $1,000,000 per occurrence. $2.000,000 general aggregate. for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract"" language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement including coverage for any owned, hired. non- owned or rented vehicles. in an amount not less than $1.000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1.000.000 per claim and in the aggregate. Any policy inception date. continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer· s Liability Insurance (with limits of at least $1 ,000,000). 0 I 203.0006/581007.2 9 B-23 (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance. as may be required in the Special Requirements in Exhibit ''B". 5.2 General Insurance Requirements. (a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies. at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City"s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced. City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative. City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California. with an assigned policyholders' Rating of A-(or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City" s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers. agents. officials. employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to 01203.0006/581007.2 10 B-24 waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisiOns (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage. limits or other requirements. or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive. or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten ( 1 0) day notice is required) or nomenewal of coverage for each required coverage. U) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers. officials. employees. and agents. and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (I) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultanfs insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer·s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants. subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request all agreements with consultants. subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by 012030006/581007.2 11 B-25 giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant the City and Consultant may renegotiate Consultant's compensation. ( o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated. lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain. at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify. defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties'') against, and will hold and save them and each of them harmless from, any and all actions, either judiciaL administrative, arbitration or regulatory claims, damages to persons or property, losses, costs. penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein ''claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work. operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors''), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses. including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work. operation or activities of Consultant hereunder, Consultant agrees to pay to the City. its officers. agents or employees. any and all costs and expenses incurred by the City. its officers, agents or 01203.0006/581007.2 12 B-26 employees in such action or proceeding. including but not limited to, legal costs and attorneys' fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore. and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or \\-TOngful act. error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence. except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence. recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"). as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City. and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason. Consultant agrees that if Consultant becomes aware of any facts, circumstances. techniques. or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact. circumstance, technique or event and the 01203.0006/581007.2 13 B-27 estimated increased or decreased cost related thereto and, if Consultant is providing design services. the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies. surveys. data, notes. computer files, reports, records, documents and other materials (the "documents and materials .. ) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse. or assignment of the documents and materials hereunder. Any use. reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101. such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidentiaL unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors. shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support. testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary'' provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition. request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work 01203.0006/581007.2 14 B-28 performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to controL direct. or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California. in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision ofthis Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses. costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party. the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however. affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 01203.0006/581007.2 15 B-29 7.4 Waiver. Waiver by any party to this Agreement of any term, condition. or covenant of this Agreement shall not constitute a waiver of any other term. condition. or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it. at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of $0 (Zero Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time. with or without cause, upon thirty (30) days' written notice to Consultant. except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition. the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any 01203.0006/581007.2 16 B-30 notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice oftermination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney·s fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney" s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm. has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person 01203.0006/581007.2 17 B-31 having any such interest shall be employed by it as an officer. employee. agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest. direct or indirect. in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation. partnership or association in which (s)he is, directly or indirectly, interested. in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that. by and for itself. its heirs, executors, assigns, and all persons claiming under or through them. that there shall be no discrimination against or segregation of any person or group of persons on account of race. color, creed, religion. sex. gender. sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race. color. creed. religion, sex. gender. sexual orientation, marital status. national origin. ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act. 8 U.S.C. § 1101 et seq .. as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed. together with any and all costs. including attorneys' fees. incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice. demand, request. document. consent, approvaL or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class maiL in the case of the City. to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd .. Rancho Palos Verdes, California 90275 and in the case of the Consultant. to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 01203.0006/581007.2 18 B-32 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts. each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire. complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations. arrangements, agreements and understandings. if any. between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses. paragraphs. or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction. such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs. or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party ofthe basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official. officer. or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership. or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest"' shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given. and will not pay or give. to any third party including, but not limited to. any City official, officer. or employee. any money. consideration. or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s). or other conduct or collusion that would result in the payment of any money. consideration. or other thing of value to any third party including. but not limited to. any City 01203.0006/581007.2 19 B-33 officiaL officer, or employee. as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s). omission(s) or other conduct resulting in such payment of money. consideration. or other thing of value will render this Agreement void and of no force or effect. 9. 7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing. (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement. and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs. executors, administrators. successors and assigns of the parties. (SIGNATURES ON FOLLOWING PAGE] 01203.0006/581007.2 20 B-34 IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the date and year first-above written. , City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER. LLP CITY: CITY OF RANCHO PALOS VERDES. a municipal corporation CONSULT ANT: By: ~~~~~~~---------------- Na e: ichael Choi Title: Chief Executive Off\cer By:~~ Name: Aaron Choi Title: Secretary Address: 4107 Triangle Road Mariposa. California 95338 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULT ANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01203.0006/581007.2 21 B-35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On .f£ 11 . 2019 before me.~ ~~,4l)/~ersonally appeared /ktzc.J C~1 t. proved to me on the basi of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s ). or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: tJihJ.~ ll;ft;t ~· llrWif# OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. D B ~ D D D D D CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) 0 LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ______________________ __ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0006/581007.2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT 21 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE B-36 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On )f.f t7 . 2019 before me. i)~ lf/lttAj lhJf),//t;~rsonally appeared lf}'t~f C~1 ·. proved to me on the bass of satisfactory ev1dence to be the person(s) whose names(s) 1s/are subscnbed to the wlthm mstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: a/~ /It~ !1rPJJ41/ OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form ~ D D D D D CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) 0 LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ______________________ __ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) ICL6. a~~~-zrz;c j , r;'lz. I 01203.0006/581007.2 DESCRIPTION OF ATTACHED DOCUMENT (! tl11 ltr fivl ~~~~ tF!t A-',KI£1iYJt/l,r;(; TITLE OR TYPE OF DOCUMENT e-1 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE B-37 EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following Services: Fuel Modification by Grazing A. Consultant shall provide all superviSion. transportation, labor, materials, livestock. and equipment as required to provide fuel modification by grazing services to City facilities in accordance with the specifications and mutually agreed upon fire grazing plan, which shall be developed annually prior to the grazmg season. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: NOT APPLICABLE III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Consultant shall provide an activity report to the Contract Officer for each requested fire grazing site indicating the number of livestock used, the location on which fire grazing was performed. start time, finish time, number and names of people working, and the date. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Michael Choi B. Aaron Choi C. Joseph Choi Ol203.ooo6!58I007.2 A-1 B-38 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text is indicated in bold italics, deleted text is indicated in strikethrough. I. The first paragraph of Section 2. 4, Invoices, is hereby amended to read as follows: Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance and/or Director of Public Works. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and sub-contractor contracts. Sub- contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. II. Subsection (c), Professional liability (errors & omissions) insurance, of Section 5. 1, Insurance Coverages, is deleted in its entirety. III. Section 7.7, Liquidated Damages, is hereby amended to read as follows: Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this i\:greement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of $0 (Zero Dollars) as liquidated damages for each 'Norking day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Complaints can be generated by tlrird parties or directly by City inspection. Tire Contract Officer may issue an oral warning, or if warnings are not effective, tire Contract Officer may issue a Corrective Action Request ("CAR'~ to tire Contractor. In addition to issuing tire CAR, tire Contract Officer may assess liquidated damages against tire Contractor. CARs sir all be classified in tire following categories: (a) Level I: A minor non-systemic non-compliance witlr tire Agreement. Level I CARs can typically be corrected on tire spot or witlrin 24 lrours. Failure of tire Contractor to resolve Level I CARs witlrin 24 lrours of notification, unless otlrerwise specified by tire Contract Officer, may result in an escalation to Level II status. (b) Level II: A serious systemic non-compliance witlr tire Agreement or a repeated non- compliance witlr tire Agreement. Level II CARs slrall result in liquidated damages in tire amount of $125 (One Hundred Twenty Five Dollars) per day tire Contractor does not comply witlr tire Agreement. Failure of tire Contractor to resolve Level II CARs witlrin two (2) days of 01203.0006/581007.2 B-1 B-39 notification, or such period as the Contract Officer shall prescribe, may result in an escalation to Leve/1/l status. (c) Level Ill: A major systemic non-compliance with the Agreement or a repeated non- compliance which has previously been classified as a Level II CAR. Level Ill CARs shall result in liquidated damages in the amount of $250 (Two Hundred Fifty Dollars) per day the Contractor does not comply with the Agreement. Failure of the Contractor to resolve Levell II CARs within two (2) days of notification, or such period as the Contract Officer shall prescribe, shall result in an escalation to Cure Notice status. (d) Cure Notice: An egregious systemic non-compliance with the Agreement or a repeated non-compliance which has previously been classified as a Level Ill CAR. Cure Notices shall result in liquidated damages in the amount of $500 (Five Hundred Dollars) per day the Contractor does not comply with the Agreement. Cure Notices require the complete and immediate attention of the Contractor. Failure of the Contractor to resolve tire Cure Notice within fifteen (15) days of notification, or such period as the Contract Officer shall prescribe, may result in suspension or termination of the Agreement. Nothing herein shall be construed as limiting City's right to terminate the Agreement for default by Contractor or otherwise limit the City's enforcement rights or remedies the Agreement. Furthermore, nothing herein shall be construed as requiring City to impose liquidated damages prior to terminating or taking other action. 01203.0006/581007.2 B-2 B-40 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform Fuel Modification by Grazing at the following rates: Fuel Mod Three Year Zone Area Description Acreage Annual Cost Cost 9 Point Vicente Interpretive Center 2.487613 $3,120 $9,360 by9 Point Vicente Interpretive Center TBD $6,850 $20,550 38 Three Sisters Reserve 0.175977 $2,375 $7,125 39 Three Sisters Reserve 1.593906 $2,567 $7,701 41 Abalone Cove Shoreline Park 0.462147 $3,200 $9,600 34 Filiorum Reserve 0.202393 $1,320 $3,960 35 Filiorum Reserve 0.59476 $2,588 $7,764 36 Portuguese Bend Reserve 0.520518 $3,200 $9,600 25 Forrestal Nature Reserve 4.06482 $3,740 $11,220 26 Forrestal Nature Reserve 0.201732 $4,210 $12,630 10 Alta Vicente Reserve 1.750628 $4,690 $14,070 11 Alta Vicente Reserve 1.071835 $4,050 $12,150 15 Vista Del Norte Reserve 0.080294 $990 $2,970 16 Vista Del Norte Reserve 0.828398 $990 $2,970 40 Filiorum Reserve 13.25178 $18,200 $54,600 33 Filiorum Reserve 2.752919 $6,080 $18,240 43 Filiorum Reserve (Del cerro Park) 1.629604 $4,100 $12,300 27 Forrestal Nature Reserve 1.482384 $4,360 $13,080 19 San Ramone Reserve 0.629049 $1,432 $4,296 20 San Ramone Reserve 0.327673 $1,432 $4,296 21 San Ramone Reserve 0.356834 $1,432 $4,296 18 Ocean Trails Reserve 3.000155 $5,800 $17,400 5 Aqua Armaga Canyon 1.114245 $4,350 $13,050 6 Aqua Armaga Canyon 4.694564 $11,306 $33,918 8 Aqua Armaga Canyon 1.362476 $3,126 $9,378 TBD Sites To Be Determined TBD $20,000 * $60,000 * TBD Revisiting sites due to regrowth TBD $24,492 ** $73,476 ** $150,000 $450,000 * $20,000 is budgeted for additional sites determined necessary for Fuel Modification. This will be billed at a rate of $1.350/acre plus $1.100 transportation cost per individual site. 01203.0006/581007.2 C-1 B-41 ** $24.492 is budgeted for revisiting sites to clear regrowth of brush. This will be billed at a rate between 50% and 70% of the original site cost, dependent on site conditions. II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. NOT APPLICABLE III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Sen'ices are approved per Section 1.9. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: Line items for each location serviced and completed weekly reports. V. The total compensation for the Services shall not exceed $450,000, as provided in Section 2.1 of this Agreement, and the annual amount shall not exceed $150,000. VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1. NOT APPLICABLE 01203.0006/581007.2 C-2 B-42 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this Agreement shall be September 17, 2019 to September 17, 2022. The term of this Agreement may be extended up to two years, by exercising up to two one-year options, based on Contractor performance and mutual consent. II. Consultant shall perform all services timely in accordance with the following anticipated schedule in "Exhibit D-1" of this Agreement. Ill. Consultant shall deliver activity reports in accordance with Exhibit "A", Section III of this Agreement. IV. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01203 0006/581007.2 D-1 B-43 EXHIBIT "D-1" Fire Grazing Plan Fuel Mod Zone Area Description 2020 2021 2022 by 9 Point Vicente Interpretive Center 3/29-4/5 March/ April March/ April 2021* 2022* 9 Point Vicente Interpretive Center 4/6-4/7 April2021 * April 2022* 38 Three Sisters Reserve 4/8 April 2021 * April 2022* 39 Three Sisters Reserve 4/9-4/10 April 2021 * April 2022* 41 Abalone Cove Shoreline Park 4/11 April2021 * April2022* 34 Filiorum Reserve 4/12 April2021 * April 2022* 35 Filiorum Reserve 4/13 April2021 * April2022* 36 Portuguese Bend Reserve 4/14 April 2021 * April 2022* 25 Forrestal Nature Reserve 4/15-4/18 April 2021 * April2022* 26 Forrestal Nature Reserve 4/19 April2021 * April 2022* 10 Alta Vicente Reserve 4/20-4/21 April2021 * April 2022* 11 Alta Vicente Reserve 4/22-4/23 April 2021 * April2022* 15 Vista Del Norte Reserve 4/24 April 2021 * April2022* 16 Vista Del Norte Reserve 4/25 April2021 * April 2022* 40 Filiorum Reserve 3/29-4/10 March/ April March/ April 2021* 2022* 33 Filiorum Reserve 4/11-4/13 April2021 * April 2022* 43 Filiorum Reserve (Del Cerro Park) 4/14-4/15 April 2021 * April2022* 27 Forrestal Nature Reserve 4/16-4/17 April 2021 * April2022* 19 San Ramone Reserve 4/18 April2021 * April 2022* 20 San Ramone Reserve 4/19 April2021 * April 2022* 21 San Ramone Reserve 4/20 April 2021 * April2022* 18 Ocean Trails Reserve 4/21-4/23 April2021 * April 2022* 5 Aqua Armaga Canyon 4/24 April 2021 * April2022* 6 Aqua Armaga Canyon 4/25 April 2021 * April2022* 8 Aqua Armaga Canyon 4/26 April2021 * April 2022* TBD Sites To Be Determined TBD TBD TBD TBD Revisiting sites due to regrowth TBD TBD TBD * Approximate dates are tentative only and subject to change dependent on the grazing season 01203 0006/5810072 D-1 Kurt E. Floren Agricultural Commissioner Director of Weights and Measures COUNTY OF LOS ANGELES Department of Agricultural Commissioner/ Weights and Measures 12300 Lower Azusa Road Arcadia, CA 91006-5872 http://acwm.lacounty.gov Protecting Consumers and the Environment Since 1881 Protecting Consumers and the Environment Since 1881 To Enrich Lives Through Effective and Caring Service February 25, 2021 Rancho Palos Verdes City LETTER OF AUTHORIZATION c/o Juan Hernandez 30940 Hawthorne Blvd Rancho Palos Verdes CA 90275 Dear Mr. Hernandez: Inspector Conrad Burton would like to obtain an authorization from you for the Weed Hazard and Pest Management Bureau of the Los Angeles County Department of Agricultural Commissioner/Weights and Measures to clear grass, weeds, and/or brush in compliance with the Los Angeles County Fire Code or at your request, on the following parcel(s) during the fiscal year 2020-2021. MAPBOOK/PAGE/PARCEL LOCATION/REMARKS ESTIMATE See attached list See attached list $70,900.00 Since the Los Angeles County Auditor-Controller now requires all authorizations to be in writing, we are prohibited from working these parcels until we have this authorization. It would be appreciated if you would sign below and return the original, keeping the second copy for your records. If you have any questions, please call Inspector Conrad Burton at (562) 622-0446 or CBurton@acwm.lacounty.gov. Very truly yours, KURT E. FLOREN Agricultural Commissioner/ Director of Weights & Measures ADRIAN ZAVALA Deputy Director/Bureau Chief Weed Hazard & Pest Management Bureau KEF:AZ:lg Attachment STATEMENT: I hereby authorize the Los Angeles County Weed Hazard and Pest Management Bureau to clear the listed parcel(s). SIGNATURE TITLE PRINT NAME P.O./DSO# PHONE NO. DATE C-1 February 25, 2021 Rancho Palos Verdes City Page 2 LETTER OF AUTHORIZATION MAPBOOK/PAGE/PARCEL LOCATION/REMARKS ESTIMATE 7578-002-900 Two parcels west of 26503 Basswood Avenue Remarks: Disc and trim annual weeds. $ 2,000.00 7578-002-900 One parcel west of 26509 Mazur Drive Remarks: Clear remaining annual weeds and trim-up brush 200 feet from structures. $22,600.00 7578-002-901 One parcel west of 26519 Basswood Avenue Remarks: Hand trim annual weeds and trim-up brush 200 feet from structures. $ 5,200.00 7578-003-900 One parcel east of 26730 Menominee Place Remarks: Hand trim annual weeds and trim-up brush 200 feet from structures. $ 4,500.00 7578-003-901 One parcel north of 5888 Mossbank Drive Remarks: Disc and trim annual weeds. $ 2,000.00 7578-003-901 One parcel southwest of 26803 Basswood Avenue Remarks: Clear remaining annual weeds and trim-up brush 200 feet from structures. $11,700.00 7578-003-902 One parcel east of 5905 Mossbank Drive Remarks: Disc and trim annual weeds. $ 3,500.00 7578-003-902 One parcel east of 5905 Mossbank Drive Remarks: Clear remaining annual weeds and trim-up brush 200 feet from structures. $ 5,000.00 7578-003-903 One parcel west of 26803 Basswood Avenue Remarks: Disc and trim annual weeds. $ 3,900.00 7578-003-903 One parcel southwest of 26803 Basswood Avenue Remarks: Clear remaining annual weeds and trim-up brush 200 feet from structures. $10,500.00 Total: ---------------- $70,900.00 C-2 Right-of-Way areas for Fuel Modification Only highlighted (yellow) right-of-way areas included in the ellipses are proposed to be included in the Fire Grazers contract, due to limited accommodations needed for goats D-1