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1307 Exhibit A Fire Fuel Abatement Fifth Amendment to Agreement - 1 - CITY OF ROLLING HILLS FIFTH AMENDMENT TO AGREEMENT FOR FIRE FUEL ABATEMENT THIS FIFTH AMENDMENT TO AGREEMENT FOR FIRE FUEL ABATEMENT is made and entered into as of September 26, 2022 by and between the CITY OF ROLLING HILLS, a municipal corporation ("City") and the PALOS VERDES PENINSULA LAND CONSERVANCY, a California public benefit corporation ("Conservancy"). R E C I T A L S A. City and Conservancy entered into an Agreement for Fire Fuel Abatement dated October 21, 2019 whereby Conservancy is obligated to remove the fire fuel on the land under the City’s control as a fire hazard abatement measure for the direct benefit of Rolling Hills residents (the “Agreement”). B. In 2020, the City paid Conversancy the fixed sum of $34,200 for services rendered under the Agreement. C. City and Conservancy entered into a First Amendment to Agreement for Fire Fuel Abatement dated June 8, 2020 to expand the scope of work and increase the cost to include additional areas of work and work days for acacia and non-native shrub/tree removal and mustard mowing services (the “First Amendment”). D. In 2020, the City paid Conversancy the fixed sum of $50,000 for services rendered under the First Amendment. In 2020, the City also paid Conservancy $12,000 for annual mowing services. The total amount the City paid to the Conservancy in 2020, for all services was $96,200. E. City and Conservancy entered into a Second Amendment to Agreement for Fire Fuel Abatement dated July 13, 2021 to expand the scope of work and add funds for the expanded scope of work (the “Second Amendment”). In 2021, the City paid Conservancy the fixed sum of $119,800. F. On February 28, 2022, City and Conservancy entered into a Third Amendment to Agreement for Fire Fuel Abatement to expand the scope of work for phase III maintenance in 2022 and add funds for the expanded scope of work (the “Third Amendment”). G. On April 25, 2022, City and Conservancy entered into a Fourth Amendment to the Agreement for Fire Fuel Abatement to expand the scope of work for phase IV work and add funds for the expanded scope of work (the “Fourth Amendment”). H. City and Conservancy now desire to enter in this Fifth Amendment to the Fire Fuel Abatement Fifth Amendment to Agreement - 2 - Agreement for Fire Fuel Abatement to expand the scope of work for phases I, III and IV and to add funds for the expanded scope of work (“Fifth Amendment”). H. Conservancy has represented to City that it has the expertise, experience, and qualifications to perform or cause the performance of the services. NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth below, City and Conservancy agree as follows: 1. City and Conservancy agree to amend and supplement the Scope of Services attached to the Agreement as Exhibit A, the Scope of Services (Supplemental) attached to the Second Amendment as Exhibit A, the Scope of Services (Second Supplemental) attached to the Third Amendment as Exhibit A, the Scope of Services (Third Supplemental) attached to this Fourth Amendment as Exhibit A with the Scope of Services (Fourth Supplemental) attached to this Fifth Amendment as Exhibit A and incorporated herein by reference. 2. Section 2 “Compensation” of the Agreement is amended to read as follows: A. In 2021, City shall pay Conservancy the fixed sum of $87,000 for the services described in Exhibit A (Supplemental), and $32,800 for mowing services ($12,000 for annual mowing services and $20,800 for follow up mustard mowing services), for a total amount not to exceed $119,800, and representing the total compensation for all work, labor, equipment, materials and expenses incurred by Conservancy in 2021. Conservancy shall submit an invoice to City upon completion of the services and the City will make payment within 10 days of the close of the month in which work was performed. B. In 2022, City shall pay Conservancy for the services described in Exhibit A (Second Supplemental) and Exhibit A (Third Supplemental) $72,600 for mowing services ($37,800 for annual mowing services and $34,800 for follow up mustard mowing services) and $9,100 for acacia cutting and chipping for a total not to exceed $81,700, representing the total compensation for all work, labor equipment, materials and expenses incurred by Conservancy in 2022. Conservancy shall submit an invoice to City upon completion of the services and the City will make payment within 10 days of the close of the month in which work was performed. C. In 2023, City shall pay Conservancy $20,800 for follow up mustard mowing services. D. Further, in 2023, City shall pay Conservancy for the services described in the attached Exhibit A to this Fifth Amendment. City shall pay a total amount not to exceed $33,500 for further maintenance mowing for Phase 1, Phase 3 and Phase 4 as described in Exhibit A. this amount represents the total compensation for all work, labor equipment, materials and expenses incurred by Conservancy related to the work in Exhibit A. Conservancy shall submit an invoice to City upon completion of the services and the City will make payment within 10 days of the close of the month in which work was performed E. Prevailing Wage. Conservancy or its contractor shall abide be the minimum prevailing rate of wages as determined by the State of California, Department of Industrial Relations for each craft, classification, or type of workman employed to carry out provisions of Fire Fuel Abatement Fifth Amendment to Agreement - 3 - the Agreement. During the term of this Agreement, Conservancy shall keep on file sufficient evidence of its employee compensation to enable verification of compliance of Prevailing Wages as established by State of California, Department of Industrial Relations. 3. All terms and conditions of the Agreement not amended by the First Amendment, Second Amendment, Third Amendment, Fourth Amendment and this Fifth Amendment remain in full force and effect. IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Third Amendment to be executed by setting hereunto their names, titles, hands, and seals this 26th day of September 2022. CONSERVANCY: ______________________________________________________ Cris Sarabia, Conservation Director CITY: ______________________________________________________ Elaine Jeng, City Manager of the City of Rolling Hills Attested: ______________________________________________________ Christian Horvath, City Clerk of the City of Rolling Hills Date: _________________ Fire Fuel Abatement Fifth Amendment to Agreement - 4 - EXHIBIT A (FOURTH SUPPLEMENTAL) 1 Proposal to the City of Rolling Hills Fuel Load Reduction in 2023 (Phases 1, 3, and 4 Maintenance) Submitted by the Palos Verdes Peninsula Land Conservancy The Palos Verdes Peninsula Land Conservancy (Conservancy) is intimately aware of the fire concerns on the Palos Verdes Peninsula, and continues to discuss measures to reduce fire risk with the four peninsula cities. Conservancy staff members continue to work with City of Rolling Hills staff to implement fuel modification work as required by County Department of Agriculture Weights and Measures as part of landowner responsibilities for fuel modification near adjacent homes as well as measures above and beyond. Additionally, the Conservancy clears over 90 acres of weeds in restoration sites within the Palos Verdes Nature Preserve and clears 30+ miles of trails annually. This weeding approach is very specialized and must be accomplished while complying with the NCCP/HCP implementation guidelines and respecting the natural resources on the preserve. We understand that the city desires to continue to prioritize efforts to reduce fuel load in Preserve areas, and the Conservancy understands that vegetation exists beyond current fuel mod zones that pose fire threats. Therefore, the Conservancy is offering technical expertise to aid the City and augment city staff in the effort to continue reduce fuel load vegetation beyond fuel modification zones by targeting the removal of invasive plants such as mustard and other non-native plants, which in turn improves habitat for local wildlife, including the federally threatened coastal California gnatcatcher, the cactus wren, a state species of concern and the federally endangered Palos Verdes Blue Butterfly. This proposal outlines the potential areas for this 2023 maintenance work of areas previously cleared of acacia and mowed of mustard and other non-native species. This proposal outlines phase 1, 3, and 4 as part of maintenance for the 2023 work for one-time grant from the city up to $33,500. Phase 2 will be cleared as part of the previously agreed upon terms. 2 Phase 1 3 Phase 3 4 Phase 4 5 Budget The budget reflects a typical maintenance mowing project within the preserve with minimal disturbance to native habitat and to the surrounding vegetation, following NCCP/HCP protocols. Careful mowing proposed in this project, increase the habitat value for the federally threatened coastal California gnatcatcher and cactus wren, a state species of concern, as well as other native species while providing public benefit. These costs reflect the estimated time it would take the contractors to complete the project using hand tools and machinery and oversight and bird monitoring by Conservancy biologists to assure that best management practices are implemented (ie. minimization and avoidance measures such as nesting bird surveys are required by the NCCP/HCP) as well coordination with Rancho Palos Verdes and Rolling Hills city staff. Project Acres Budget Phase 1 Maintenance Mowing ~18 $7,500 Phase 3 Maintenance Mowing ~7.5 $13,000 Phase 4 Maintenance Mowing ~7 $13,000 One-time Project Total $33,500