HomeMy WebLinkAboutAgreement A-19-424 with Rincon Consultants Inc. TPA.pdf1 WHEREAS, this AGREEMENT shall cover the Proposal to Provide Environmental Compliance
2 Support Services for the First Solar Uttle Bear Solar Project, dated June 3, 2019, hereinafter referred to as
3 the "WORK PROGRAM', attached as EXHIBIT C hereto and incorporated by reference. The WORK
4 PROGRAMincludes Tasks 1-3; and
5 WHEREAS, this AGREEMENT shall cover monitoring the Project's mitigation measures and
6 conditions of approval as provided in the Mitigation Monitoring and Reporting Program and Conditions of
7 Approval Matrix; and
8 WHEREAS, CONSULT ANT represents that it is qualified, able and willing to monitor the Project's
9 mitigation measures and conditions of approval, which representation the COUNTY specifically relies
10 upon; and
11 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the
12 PARTIES agree as follows:
13 SECTION 1.0BLIGATIONSOFCONSULTANT.
14 A Services To Be Provided; Engagement COUNTY hereby engages CONSULTANT as
15 an independent contractor primarily through the services of the following key person(s):
16 1.Colby J Boggs, Principal/Senior Ecologist
17 2.Douglas A Drynan, Senior Biologist
18 It is understood that CONSULT ANT may not replace any of the aforementioned key persons
19 named above without the prior, express, written approval of the Director of Public Works and Planning
20 or his or her designee (the "DIRECTOR") or his designee. In case of death, illness or other incapacity,
21 or cessation of employment by CONSULTANT, of any of the foregoing key persons, CONSULTANT
22 shall provide a replacement of at least equal professional ability and experience as the key person
23 replaced. CONSULT ANT shall monitor OWNERS' compliance with all project mitigation measures and
24 requirements (described in EXHIBIT A) according to the WORK PROGRAM set forth in EXHIBIT C.
25 B.CONSULT ANT shall provide COUNTY a written report by email within 72 hours of each
26 monitoring visit to document the site conditions. If issues are noted on site, CONSULT ANT shall contact
27 the COUNTY by phone or email within 24 hours of the visit, and the report shall indicate the issue, the
28 person(s) contacted, and the corrective action(s) implemented.
4847-9512-3101.2 2
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SECTION 2. OBLIGATIONS OF THE COUNTY.
A COUNTY shall make available to CONSULT ANT all documents, studies, and other
3 information, not otherwise confidential or privileged, in its possession related to the project.
4 B.COUNTY shall compensate CONSULT ANT as provided in Section 3 of this AGREEMENT.
5 SECTION 3. INVOICING AND COMPENSATION.
6 A CONSULT ANT shall submit an invoice, which shall describe the tasks performed during
7 the period covered by the invoice. The invoice shall specify: (1) hours worked multiplied times the billing
8 rates authorized in the Standard Fee Schedule for Environmental Sc iences and Planning Services,
9 Effective July 2018, hereinafter referred to as the "SCHEDULE OF FEES", attached as EXHIBIT D hereto
1 0 and incorporated by reference, and (2) the total amount billed to-date for the project.
11 B.In full compensation for services performed under this AGREEMENT, COUNTY agrees to
12 pay CONSULT ANT, and CONSULT ANT agrees to accept, compensation according to the ho urly rates
13 specified in EXHIBIT C, WORK PROGRAM, and in EXHIBIT D, SCHEDULE OF FEES. Within 45 days of
14 receipt of a proper invoice, COUNTY shall determine whether CONSULT ANT has adequately performed
15 to the satisfaction of COUNTY the item(s) for which CONSULTANT seeks payment, and shall remit
16 payment thereof to CONSULT ANT. If COUNTY determines that CONSULT ANT has not adequately
17 performed any such task or services, COUNTY shall inform CONSULTANT of those acts in writing which
18 are necessary for satisfactory completion of the item(s). CONSULT ANT shall undertake any and all work
19 to satisfactorily complete the item ( s) at no additional charge to COUNTY. Notwithstanding any other
20 provision in this AGREEMENT, compensation paid to CONSULT ANT shall not exceed One Hundred and
21 Sixty-Six Thousand, Five Hundred and Fifty Dollars and No Cents ($166,550.00) for the entire term of this
22 AGREEMENT unless mutually agreed to by OWNERS and the DIRECTOR.
23 C.It is understood that CONSULTANT shall bear all expenses incidental to the performance of his
24 obligations under this AGREEMENT.
25 SECTION 4. TERM.
26 The term of this AGREEMENT shall commence on the Effective Date and shall terminate upon the
27 issuance by the DIRECTOR of written acknowledgement that CONSULTANT has satisfied its obligations
28 under this AGREEMENT.
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SECTION 5. TERMINATION.
A COUNTY may immediately suspend or terminate this AGREEMENT in whole or in part, where
3 in the determination of COUNTY there is:
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i.A discontinuation of the Project by OWNERS;
ii.A failure of OWNERS to timely remit reimbursement to COUNTY for an invoice
submitted by CONSUL TANT to COUNTY;
iii.An illegal or improper use of funds by CONSULTANT;
iv.A failure by CONSULT ANT to comply with any term of this AGREEMENT;
v.A substantially incorrect or incomplete report submitted to COUNTY by CONSULT ANT;
vi.Inadequately performed services by CONSULT ANT, as may be determined by the
DIRECTOR.
B.CONSULT ANT or COUNTY may terminate this AGREEMENT upon one hundred eighty (180)
13 days' prior written notice to the other PARTY. If CONSULT ANT terminates the AGREEMENT,
14 CONSULT ANT shall reimburse COUNTY, up to a maximum of Twenty-T housand Dollars ($20,000.00) for
15 the actual expense of issuing a Request for Proposal, engaging a new consultant, and the new
16 consultant's cost in becoming familiar with the Project, its operations to date, and its compliance with the
17 project mitigation measures described in EXHIBIT A
18 C.If this AGREEMENT is terminated as provided in this section, CONSULTANT shall be
19 compensated for satisfactorily-performed serv ices completed to the date of termination based upon the
20 compensation rates set forth in Section 3 of this AGREEMENT.
21 SECTION 6. INDEMNITY AND DEFENSE.
22 A For purposes of this Section 6, "LOSSES" includes all claims, demands, injuries,
23 damages, costs, expenses (including attorney fees and courts costs), fines, penalties, and liabilities of
24 any kind.
25 B.CONSULT ANT agrees to indemnify COUNTY, its officers, agents, employees, and
26 volunteers from any and all costs and expenses (including reasonable attorney fees and court costs),
27 against any LOSSES incurred by COUNTY, CONSULTANT, or any third party in connection with the
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1 performance, or failure to perform, by CONSULTANT, its officers, agents, or employees under this
2 AGREEMENT.
3 C.If requested by COUNTY, CONSULTANT shall defend actions or proceedings brought
4 or threatened against COUNTY (including its officers, agents, or employees) under this AGREEMENT.
5 COUNTY may condu ct or participate in its own defense without affecting CONSULTANT'S obligation to
6 indemnify or defend COUNTY.
7 D.The terms of this SECTION 6 shall survive the termination of this AGREEMENT.
8 SECTION 7. INSURANCE
9 Without limiting COUNTY's right to obtain indemnification from CONSULTANT or any third
10 parties, CONSUL TANT, at its sole expense, shall maintain in full force and effect, the following
11 insurance policies throughout the term of the AGREEMENT:
12 A.Commercial General Liability. Commercial General Liability Insurance with limits of not
13 less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four MIiian
14 Dollars ($4,000,000). This policy shall be issued on a per occurrence basis. CONSULTANT shall
15 obtain an endorsement to this to this policy naming the COUNTY, its officers, agents, employees, and
16 volunteers, individually and collectively, as additional insureds, but only insofar as the operations under
17 this AGREEMENT are concerned. Such coverage for additional insureds will apply as primary
18 insurance and any other insurance, or self-insurance, maintained by COUNTY is excess only and not
19 contributing with insurance provided under CONSULT ANT policy;
20 B.Automobile Liability. Comprehensive Automobile Liability Insurance with limits for
21 bodily injury of not less than One Mllion Dollars ($1,000,000) per occurrence for bodily injury and
22 property damages. Coverage must include owned and non-owned vehicles used in connection with
23 this AGREEMENT;
24 C.Workers' Compensation. Workers' Compensation insurance as may be required by the
25 California Labor Code; and
26 D.Professional Liability. Professional liability insurance with limits of not less than One
27 Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three MIiian Dollars
28 ($3,000,000). If this is an claims-made policy, then (1) the retroactive date must be prior to the date on
4847-9512-3101.2 5
1 which services began under this AGREEMENT; (2) CONSULTANT shall maintain the policy and
2 provide to the County annual evidence of insurance for not less than five years after completion of
3 services under this AGREEMENT; and (3) if the policy is canceled or not renewed, and not replaced
4 with another claims-made policy with a retroactive date prior to the date on which services begin under
5 this AGREEMENT, then CONSULTANT shall purchase extended reporting coverage on this claims-
6 made policy for a minimum of five years after completion of services under this AGREEfvl:NT.
7 E.Additional Requirements
8 i.Verification of Coverage. Within thirty (30) days from the date CONSULTANT
9 signs and executes this AGREEMENT, CONSULT ANT shall deliver or cause its broker or producer to
10 deliver, to the County of Fresno, Department of Public Works and Planning, Development Services and
11 Capital Projects Division, Attn: Principal Planner, 2220 Tulare Street, Sixth Floor, Fresno, CA 93721,
12 copies of insurance policies as produced by the broker or producer, and certificates of insurance and
13 endorsements for all coverages required under this AGREEMENT.
14 (1)All insurance certificates must state that: (1) the insurance cove rage has
15 been obtained and is in full force; (2) COUNTY, its officers, agents, employees, and volunteers are not
16 responsible for any premiums on the policy, and (3) CONSULT ANT has waived its right to recover from
17 COUNTY, its officers, agents, employees, and volunteers any amounts paid under the insurance policy
18 required by this AGREEMENT and that waiver does not invalidate the insurance policy.
19 (2)The commercial general liability insurance certificates must also state
20 that: (1) the County of Fresno, its officers, agents, employees, and volunteers, individually and
21 collectively, are additional insureds insofar as the operations under this AGREEMENT are concerned;
22 (2) the coverage shall apply as primary insurance and any other insurance, or self-insurance,
23 maintained by COUNTY shall be excess only and not contributing with insurance provided under
24 CONSULTANT's policy.
25 (3)The automobile liability insurance certificate must state that the policy
26 covers any auto sued in connection with this AGREEMENT.
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1 (4)The professional liability insurance certificates, if it is a claims-made
2 policy, must also sate the retroactive date of the policy, which must be prior to the date on which
3 services began under this AGREEMENT.
4 ii.Accepta bi lity of In surers. All insurance policies required under this
5 AGREEMENT must be issued by admitted insurers licensed to do business in the State of California
6 and possessing at all times during the term of this AGREEMENT an AM Best, Inc., rating of A VII or
7 greater.
8 iii.Notice of Cancellation or Change. For each insurance policy required under
9 this AGREEMENT, CONSULTANT shall provide to COUNTY, or ensure that the policy requires the
10 insurer to provide to COUNTY, written notice of any cancellation or change in the policy as required in
11 this paragraph. For cancellation of the policy for nonpayment of premium, CONSULTANT shall, or
12 cause the insurer to, provide written notice to COUNTY not less than 10 days in advance of
13 cancellation. For cancellation of the policy for any other reason, and for any other change to the policy,
14 CONSULT ANT shall or shall cause the insurer to, provide written notice to COUNTY not less than 30
15 days in advance of cancellation or change. COUNTY in its sole discretion may determine that the
16 failure of CONSULTANT or its insurer to timely provide a written notice required by this paragraph is a
17 breach of this AGREEMENT.
18 iv.COUNTY'sEntitlementtoGreaterCoverage. lfCONSULTANT has or obtains
19 insurance with broader coverage, higher limits, or both, than what is required under this AGREEMENT,
20 then COUNTY requires and is entitled to the broader coverage, higher limits, or both. To that end,
21 CONSULT ANT shall deliver, or cause its broker or producer to deliver, to COUNTY'S Risk Manager
22 copies of insurance policies that have such broader coverage, higher limits, or both, as produ ced by the
23 broker or producer, and certificates of insurance and endorsements for all of the coverages that have
24 such broader coverage, higher limits, or both, as required under this AGREEMENT.
25 v.Wa iver of Subrogation. CONSULTANT waive its right to recover from
26 COUNTY, its officers, agents, employees, and volunteers any amounts paid under the policy of
27 worker's compensation insurance required by this AGREEMENT. CONSUL TANT is solely responsible
28 to obtain any policy endorsement that may be necessary to accomplish that waiver, but OWNERS'
484 7-9512-3101.2 7
1 waiver of subrogation under this paragraph is effective whether or not OWNERS obtain such an
2 endorsement.
3 vi.COUNTY'S Remedyfor OWNERS' Failure to Maintain. IF CONSUL TANT fails
4 to keep in effect at all times any insurance coverage required under this AGREEMENT, COUNTY may,
5 in addition to any other remedies it may have, suspended or terminate this AGREEMENT upon the
6 occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage
7 to CONSULTANT. COUNTY may offset such charges against any amounts owed by COUNTY to
8 CONSULTANT under this AGREEMENT.
9 SECTION 8. WORK PRODUCT.
10 A Any and all reports, studies, data, or other information, prepared or assembled by
11 CONSULT ANT under this AGREEMENT shall not be provided to any person, association, corporation, or
12 other organization during the term of this AGREEMENT without the prior written consent of CO UNTY.
13 B.COUNTY shall have the unlimited authority to forever publish, disclose, distribute and
14 otherwise use throughout the world, in whole or in part, and allow others to do so, any and all reports,
15 studies, data, or other information prepared by CONSULT ANT pursuant to this AGREEMENT.
16 C.All documents prepared or obtained by CONSULT ANT shall become the exclusive property
17 of COUNTY. Upon termination of this AGREEMENT and prior to any compensation received from
18 COUNTY for unpaid services, CONSULT ANT shall surrender to COUNTY all work products created
19 pursuant to this AGREEMENT without any reservation of rights therein. CONSULT ANT may retain such
20 documents only for so long as COUNTY authorizes such work product to be retained to allow the
21 completion of work as provided in Subsection 5.B of this AGREEMENT. CONSULTANT may retain copie s
22 of any documents prepared or obtained by CONSULT ANT and designated as public records under the
23 Public Records Act, and such documents may be used by CONSULT ANT in any manner after this
24 AGREEMENT has been terminated.
25 D.CONSULT ANT shall provide (submit, reproduce, and distribute) all materials related to
26 Task 1 -3 of the Scope of Services as specified in EXHIBIT C WORK PROGRAM of this AGREEMENT.
27 COUNTY will require that CONSUL TANT provide documents in both Mcrosoft Word Office 2016 (or
28 newer) and PORTABLE DOCUMENT FORI\MT ("PDF").
4847-9512-3101.2 8
1 SECTION 9. IND EPENDENT CONTRACTOR
2 A In performance of the work, duties, and obligations assumed by CONSULT ANT under this
3 AGREEMENT, it is mutually understood and agreed that CONSULT ANT, including any and all of
4 CONSULTANT's officers, agents, and employees, will at all times be acting and performing as an
5 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
6 employee, joint venture, partner or associate of COUNTY. Furthermore, COUNTY shall have no right to
7 control or supervise or direct the manner or method by which CONSULT ANT shall perform its works and
8 function. However, COUNTY shall retain the right to administer this AGREEMENT so as to verify that
9 CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
10 CONSULT ANT and COUNTY shall comply with all applicable provisions of law and the rules and
11 regulations, if any, of Governmental authorities having jurisdiction over matters the subject there of.
12 8.Because of its status as an independent contractor, CONSULTANT shall have absolutely
13 no right to any and all employment rights and benefits available to COUNTY employees. CONSULT ANT
14 shall be solely liable and responsible for providing to, or on behalf of its employees, all legally-required
15 employees benefits. In addition, CONSULT ANT shall be solely responsible and save COUNlY harmless
16 from all matters relating to payment of CONSULT ANT's employees, including compliance with Social
17 Security withholding, and all other regulations governing such matters. It is acknowledged that during the
18 term of this AGREEMENT, CO NS ULT ANT may be providing services to others unrelated to COUNTY or
19 to this AGREEMENT.
20 SECTION 10. CONFLICT O FINTEREST.
21 CONSULT ANT, sub-consultants and CONSULT ANT's employees shall adhere to the Conflict of
22 Interest Code of the Department of Public Works and Planning, attached hereto as EXHIBIT E and
23 incorporated herein by reference.
SECTION 11. GOVERNING LAW. 24
25 Venue for any action arising out of or related to this AGREEMENT shall only be in Fresno County,
26 California. The rights and obligations of the PARTIES and all interpretation and performance of this
27 AGREEMENT shall be governed in all respects by the laws of the State of California.
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SECTION 12. AMENDMENTS. 1
2 Any changes to this AGREEMENT requested either by COUNTY or CONSULT ANT may only be
3 affected if mutually agreed upon in writing by duly authorized representatives of the PARTIES. This
4 AGREEMENT shall not be modified or amended or any rights of a PARTY to it waived except by such
5 writing.
6 SECTION 13. SEVERABILITY.
7 If a court of competent jurisdiction finds that any provision of this AGREEMENT is invalid or
8 unenforceable, such determination shall not affect the validity and enforceability of any other provision
9 of this AGREEMENT.
10 SECTION 14. WAIVERS.
11 Waiver of a breach or default under this AGREEMENT shall not constitute a continuing waiver or
12 a waiver of a subsequent breach of the same or any other provision of this AGREEMENT.
13 SECTION 15. COMPLIANCEWITHLAWS.
14 CONSULTANT shall comply with all federal, state, and local laws, ordinances, regulations, and
15 Fresno County Charter Provisions applicable in the performance of its services.
16 SECTION 16. AUDITS AND INSPECTIONS.
17 A CONSULTANT shall at any time during business hours, and as often as COUNTY may deem
18 necessary, make available to COUNTY for examination all of its records and data with respect to the
19 matters covered by this AGREEMENT. CONSULT ANT shall, upon request by COUNTY, permit COUNTY
20 to audit and inspect all of such records and data necessary to ensure CONSULTANT's compliance with
21 the terms of this AGREEMENT.
22 B.If this AGREEMENT exceeds Ten-Thousand Dollars ($10,000.00), CONSULT ANT shall be
23 subject to the examination and audit of the Auditor General for a period of three (3) years after Final
24 payment under contract (Government Code Section 8546.7).
25 SECTION 17. CONTRACT ADMINISTRATION.
26 CONSULT ANT shall notify its appropriate employees of the individual whom COUNTY designates
27 as the County Contract Administrator for this AGREEMENT.
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1 All routine correspondence and telecommunications related to Contract performance and related
2 issues shall be addressed as follows:
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Christina IVlonfette, Planner
Department of Public Works and Planning
Development Services and Capital Projects Division
2220 Tulare Street, 6th floor
Fresno, CA 93721
Phone: (559) 600-4245
e-mail: cmonfette@fresnocountyca.gov
9 Provided however, the DIRECTOR may give notice to CONSULT ANT of any COUNTY employee who will
1 o instead serve as the County Contract Administrator for this AGREEMENT, and receive all such
11 correspondence and telecom munications.
12 SECTION 18. NOTICES.
13 The persons and their addresses having authority to give and receive notices under this
14 AGREEMENT include the following:
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COUNTY: County of Fresno
Director of Public Works and Planning
Attn: Principal Planner
2220 Tulare Street, 6th Floor
Fresno, CA 93721
Fax: (559) 600-4200
Copies of notices to COUNTY shall also be given to:
CONSUL TANT:
4847-9512-3101.2
Office of the Fresno County Counsel
Attention: Senior Deputy County Counsel
2220 Tulare Street, Suite 500
Fresno, CA 93721
CountyCounsel@fresnocountyca.gov
Fax: (559) 600-3480
Rincon Consultants, Inc.
Colby Boggs, Principal
1530 IVlonterey Street, Suite D
San Luis Obispo, CA 93401
CBoggs@rinconconsultants.com
Fax: (805) 547-0900
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My and all notices between COUNTY and CONSULTANT provided for or permitted under this
2 AGREEMENT or by law shall be in writing and delivered either by personal service, by first-cl ass United
3 States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by
4 PDF document attached to an email. A notice delivered by personal service is effective upon service to
5 the recipient. A notice delivered by first-class United States mail is effective three COUNTY business
6 days after deposited in the United States mail, postage prepaid, addressed to the recipient. A notice
7 delivered by first-class United States mail is effective three COUNTY business days after deposited in
8 the United States mail, postage prepaid, addressed to recipient. A notice delivered by an overnight
9 commercial courier is effective one COUNTY business day after deposit with the overnight commercial
1 O courier service, delivery fees prepaid, with delivery instructions for next-day delivery, addressed to the
11 recipient. A notice delivered by telephonic facsimile or by PDF document attached to an email is
12 effective when transmission is completed (but, if such transmission is completed outside of COUNTY
13 business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY
14 business day), provided that the sender maintains a machine record of the completed transmission. For
15 all claims arising out of or related to this AGREEMENT, nothing in this section establishes, waives, or
16 modifies any claims presentation requirements or procedures provided by law, including the
17 Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
18 SECTION 19. NON-ASSIGNMENT.
19 Neither PARTY shall assign, transfer or sub-contract this AGREEMENT nor their rights or duties
20 under this AGREEMENT without the written consent of the other PARTY.
21 SECTION 20. CON SULTANT'S LEGAL AUTHO RITY.
22 CONSULTANT represent and warrants to COUNTY that: (1) CONSULTANT is duly authorized
23 and empowered to sign and perform its obligations under this AGREEMENT, and (2) the individual
24 signing this AGREEMENT on behalf of CONSULT ANT is authorized to do so and his or her signature
25 binds CONSULTANT to the terms of this AGREEMENT.
26 SECTION 21. BINDIN G UPON SUC CESSORS.
27 This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES and their
28 respective successors in interest, assigns, legal representatives, and heirs.
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SECTION 22. COUNTERPARTS.
This AGREEMENT may be signed in counterparts, and shall be deemed effective when all
3 PARTIES have signed the Agreement, or any counterpart thereof.
4 SECTION 23. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES.
5 The headings of the sections and paragraphs of this AGREEMENT are for convenience only
6 and shall not be used to interpret this AGREEMENT. This AGREEMENT is the product of negotiation
7 between the PARTIES. The language of this AGREEMENT shall be construed as a whole according to
8 its fair meaning and not strictly for or against any PARTY. Any rule of construction to the effect that
9 ambiguities are to be resolved against the drafting PARTY shall not apply in interpreting this
1 O AGREEMENT. All references in this AGREEMENT to particular statutes, regulations, ordinances or
11 resolutions of the United States, the State of California, or the County of Fresno shall be deemed to
12 include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if
13 repealed, to such other provisions as may thereafter govern the same subject.
14 SECTION 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS.
15 This provision is only applicable if CONSULT ANT is operating as a corporation (a for-profit or non-
16 profit corporation) or if during the term of this AGREEMENT, CONSULT ANT changes its status to operate
17 as a corporation. Members of CONSULT ANT's Board of Directors shall disclose any self-dealing
18 transactions that they are a PARTY to while CONSULT ANT is providing goods or performing services
19 under this AGREEMENT. A self-dealing transaction shall mean a transaction to which CONS ULT ANT is a
20 PARTY and in which one or more of its directors has a material financial interest. Members of the Board of
21 Directors shall disclose any self-dealing transactions that they are a PARTY to by completing and signing a
22 Self-Dealing Transaction Disclosure Form, at tached hereto as EXHIBIT E and incorporated herein by
23 reference, and submitting it to COUNTY prior to commencing with the self-dealing transaction or
24 immediately thereafter.
25 SECTION 25. ENTIRE AGREEMENT.
26 This AGREEMENT constitutes the entire agreement between CONSULTANT and COUNTY with
27 respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments,
28 writing, advertisements, publications, and understandings of any nature whatsoever unless expressly
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Mitigation Monitoring and Reporting Program
Conditional Use Permit Application Nos. 3550, 3551, 3552, 3553, and 3577 ,···-·--·••!"I' --·-•""9•• ···----·--· --··-···-··--· ·--·-·-· ·-•·-. ·-__ ., •• _,...,. .....
Mitigation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility
Mitigation Air Quality Voluntary Emission Reduction Agreement for NOx During Applicants and/or Fresno County Prior to issuance
Measure* 3.4-2 Decommissioning their designees Department of of County
Prior to issuance of County permits for decommissioning activities, to implement Public Works and permits for
the Project Applicant shall provide to the County either: measure as Planning, decommissioning
a.A fully-executed Voluntary Emission Reduction Agreement defined. Development activities
Services (VERA) with the San Joaquin Valley Air Pollution Control District Division, and/or (SJVAPCD) to fully mitigate Project decommissioning emissions its designee from NOx ; or
' b.An analysis prepared by an air quality specialist demonstrating
that the emissions of NOx associated with decommissioning
would be less than 10 tons per year.
Design Air Quality Voluntary Emission Reduction Agreement for NOx During Applicants and/or Fresno County Prior to issuance Measure Construction and Operations their designees Department of of County -:2.5.7.1 Prior to issuance of County permits for construction activities, the to implement Public Works and permits for
Project Applicant shall provide to the County either: measure as Planning, construction
a. A fully-executed Voluntary Emission Reduction Agreement defined. Development activities
Services {VERA) with the San Joaquin Valley Air Pollution Control District Division, and/or (SJVAPCD) to fully mitigate Project construction and operational its designee, emissions from NO x; or San Joaquin b.An analysis prepared by an air quality specialist demonstrating Valley Air that the emissions of NOx associated with construction and Pollution Control operations would be less than 10 tons per year.District
Design Air Quality Valley Fever Management Plan Applicants and/or Fresno County Prior to ground-Measure During the demolition, construction, and decommissioning phases of their designees Department of disturbing .. 2.5.7.2 the Project, the Applicant shall implement the following measures to implement Public Works and activities
intended to reduce worker exposure to the Coccidioides immitis (C. measure as Planning, associated with
immitis) fungus that causes Valley Fever: defined. Development construction or
Prior to ground-disturbing activities, a Valley Fever Services demolition of the
Division, and/or project Management Plan will be provided to the County and shall its designee include a program to limit the potential for exposure to C.
immitis from construction activities and to identify appropriate
worker training, dust management and safety procedures that
Mitiaation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Resoonsibilitv Responsibility
Design Air Quality shall be implemented, as needed, to minimize personnel and
Measure public exposure to C. immitis.
-2.5 .. 7.2 •In addition to awareness and recognition training, these
(cont)measures include performing job hazard assessments (JHAs)
for all job classifications employed on site. These JHAs will
identify the potential for exposure as well as the appropriate
precautions and controls to minimize exposure.
Mitigation Biological Preconstruction surveys Applicants and/or Fresno County 14 days prior to Measure* 3.5-1 Resources San Joaquin kit fox: their designees Department of commencement
Preconstruction surveys shall be conducted by a qualified biologist to implement Public Works and of construction
measure as Planning, activities for the presence of San Joaquin kit fox dens within 14 days prior to defined. Development commencement of construction activities. The surveys shall be Services conducted in areas of suitable habitat for San Joaquin kit fox {areas Division, and/or that have been plowed within 12 months prior to the start of ground-its designee, : disturbing activities are not considered suitable). Surveys need not California be conducted for all areas of suitable habitat at one time; they may Department of be phased so that surveys occur within 14 days prior to that portion Fish and Wildlife of the site that is disturbed. If no potential San Joaquin kit fox dens
are present, no further mitigation is required under this measure. If
potential dens are observed and avoidance is determined to be
feasible (as defined in CEQA Guidelines § 15364 consistent with the
USFWS [1999] Standardized Recommendations for Protection of
the San Joaquin Kit Fox) by a qualified biologist in consultation with
the Project Owner and the County, buffer distances shall be
established prior to construction activities.
If avoidance of the potential dens is not feasible, the following
measures are required to avoid potential adverse effects to the San
Joaquin kit fox: •If the qualified biologist determines that potential dens are
inactive, the biologist shall excavate these dens by hand with a
shovel to prevent badgers or foxes from re-using them during
construction.•If the qualified biologist determines that a potential non-natal den
may be active, an on-site passive relocation program shall be
implemented with prior concurrence from USFWS. This program
shall consist of excluding San Joaquin kit foxes from occupied
burrows by installation of one-way doors at burrow entrances,
monitorina of the burrow for one week to confirm usaQe has been
2
Mitigation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibilitv Responsibilitv
Mitigation Biological discontinued, and excavation and collapse of the burrow to
Measure• 3.5-1 Resources prevent reoccupation. After the qualified biologist determines that
(cont.) the San Joaquin kit foxes have stopped using active dens within
the Project boundary, the dens shall be hand-excavated as
stated above for inactive dens.
Burrowing owl:
Preconstruction surveys shall be conducted by a qualified biologist
for the presence of burrowing owl within 14 days prior to the
commencement of equipment staging or ground-disturbing activities.
Given the large size of the construction site, multiple or ongoing
burrowing owl surveys may be required. To protect burrowing owls,
the following conditions shall be met prior to construction within
each successive work area: •A qualified wildlife biologist (i.e., a wildlife biologist with prev ious
burrowing owl survey experience) shall conduct pre-construction
surveys on the site and immediate vicinity only in areas of the
site with suitable burrowing habitat to locate any active breeding
or wintering burrowing owl burrows no fewer than 14 days prior
to ground-disturbing activities (e.g., vegetation clearance,
grading, tilling). Areas that have been plowed within 12 months
prior to the start of ground-disturbing activities are not
considered suitable habitat. The survey methodology shall be
consistent with the methods outlined in the CDFW (2012) Staff
Report on Burrowing Owl Mitigation and shall consist of walking
parallel transects 23 to 66 feet (7 to 20 meters) apart, noting any
potential burrows with fresh burrowing owl sign or presence of
burrowing owls. Copies of the survey results shall be submitted
to CDFW and the Fresno County Public Works and Planning
Department. The surveys may be conducted concurrently with
San Joaquin kit fox surveys.•If active burrowing owl burrows are detected on site, no ground-
disturbing activities, such as vegetation clearance or grading,
shall be permitted within a buffer of 330 feet from an active
burrow during the breeding season (February 1 to August 31),
unless otherwise authorized by a qualified biologist as described
below. During the non-breeding (winter) season {September 1to January 31), no ground-disturbing work shall be permitted
within a buffer of 165 feet from the burrow. Depending on the
level of disturbance, a smaller buffer may be established by a
3
Mitiaation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Resoonsibilitv Resoonsibilitv
Mitigation Biological qualified biologist based on the visibility and sensitivity
Measure• 3.5-1 Resources responses of each individual burrowing owls or pairs.
(cont.) •If burrow avoidance is infeasible during the non-breeding
season or during the breeding season where resident owls have
not yet begun egg laying or incubation or where the juveniles
are foraging independently and capable of independent survival,
a qualified biologist shall implement a passive relocation
program in accordance with the CDFW (2012) Staff Report on
Burrowing Owl Mitigation.•If passive relocation is anticipated due to on-site burrowing owl
populations, a qualified biologist shall prepare a Burrowing Owl
Exclusion Plan in accordance with CDFW (2012) Staff Report
on Burrowing Owl Mitigation and for review by CDFW prior to
passive relocation activities.
Mitigation Biological General Measures for the Avoidance and Protection of Operator and/or Fresno County During
Measure• 3.5-2 Resources Biological Resources contractor to Department of construction,
During construction, operation and maintenance, and implement Public Works and operation and
decommissioning of the facility, the operator and/or contractor shall measure as Planning, maintenance,
implement the following general avoidance and protective measures defined.Development and
to protect San Joaquin kit fox and other special-status wildlife Services decommissioning
species: Division, and/or of the facility •The operator shall limit the areas of disturbance. Parking areas,its designee,
California new roads, staging, storage, excavation, and disposal site Department of locations shall be confined to the smallest areas possible. All Fish and Wildlife proposed impact areas, including solar fields, staging areas,
access routes, and disposal or temporary placement of spoils,
shall be delineated with stakes and/or flagging prior to
construction to avoid special-status species where possible.
Construction-related activities, vehicles, and equipment outside
of the impact zone shall be avoided.•These areas shall be flagged, and disturbance activities,
vehicles, and equipment shall be confined to these flagged
areas.•Spoils shall be stockpiled in disturbed areas that lack native
vegetation. Best Management Practices (BMPs} shall be
employed to prevent erosion in accordance with the Project's
approved Storrnwater Pollution Prevention Plan (SWPPP). All
detected erosion shall be remedied within two (2) days of
discoverv or as described in the SW PPP.
4
Mitigation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Resoonsibilitv Resoonsibilitv
Mitigation Biological • To prevent inadvertent entrapment of wildlife during construction,
Measure* 3.5-2 Resources all excavated, steep-walled holes or trenches with a 2-foot or
(cont.) greater depth shall be covered with plywood or similar materials
at the close of each working day, or provided with one or more
escape ramps constructed of earth fill or wooden planks. Before
such holes or trenches are filled, they shall be thoroughly
inspected by the approved biological monitor for trapped animals.
If trapped animals are observed, escape ramps or structures
shall be installed immediately to allow escape. If a listed species
is trapped, USFWS and/or CDFW shall be contacted
immediately.
•All construction pipes, culverts, or similar structures with a 4-inch
or greater diameter that are stored at a construction site for one
or more overnight periods shall be thoroughly inspected for
special-status wildlife or nesting birds bef ore the pipe is
subsequently buried, capped, or otherwise used or moved in any
way. If an animal is discovered inside a pipe, that section of pipe
shall not be moved until the Lead Biologist has been consulted
and the animal has either moved from the structure on its own
accord or until the animal has been captured and relocated by
the Lead Biologist.
•Vehicles and equipment parked on the sites shall have the
ground beneath the vehicle or equipment inspected for the
presence of wildlife prior to moving.
•Vehicular traffic shall use existing routes of travel. Cross-country
vehicle and equipment use outside of the Project properties shall
be prohibited.
• A speed limit of 20 mites per hour shall be enforced within all
construction areas.
• A long-term trash abatement program shall be established for
construction, operations, and decommissioning and submitted to
the County. Trash and food items shall be contained in closed
containers and removed daily to reduce the attractiveness to
wildlife such as common raven (Corvus corax}, coyote (Canis
/atrans), and feral dogs.
•Workers shall be prohibited from bringing pets and firearms to
the Project site and from feeding wildlife in the vicinity.•Intentional killing or collection of any wildlife species shall be
orohibited.
5
Mitioation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibilitv Responsibility
Mitigation Biological Nesting Birds and Bats Applicants and/or Fresno County During Measure* 3.5-3 Resources •If construction is scheduled to commence during the non-nesting their designees Department of construction
season (September 1 to January 31), no preconstruction surveys to implement Public Works and activities
or additional measures are required for nesting birds, including measure as Planning,
raptors. defined Development
Services •To avoid impacts to nesting birds in the Project site and Division, and/or immediate vicinity, a qualified wildlife biologist shall conduct its designee, preconstruction surveys of all potential nesting habitat within the California Project sites for ground-disturbing activities that are initiated Department of during the breeding season (February 1 to August 31 ). The Fish and Wildlife survey for special-status raptors shall focus on potential nest
sites (e.g., mature trees) within a 0.5-mile buffer around the site
in areas where access to neighboring properties is available or
visible using a spotting scope. Surveys shall be conducted no
more than 14 days prior to construction activities. Surveys need
not be conducted for the entire Project site at one time; they may
be phased so that surveys occur shortly before a portion of the
Project site is disturbed. The surveying biologist must be
qualified to determine the status and stage of nesting by
migratory birds and all locally breeding raptor species without
causing intrusive disturbance.•If active nests are found, a suitable buffer (e.g., 300 feet for
common raptors; 0.5-mile for Swainson's hawk; 100 feet for
passerines) shall be established around act.ive nests and no
construction within the buffer allowed until a qualified biologist
has determined that the nest is no longer active (e.g., the
nestlings have fledged and are no longer reliant on the nest).
Encroachment into the buffer may occur at the discretion of a
qualified biologist except that encroachment into the buffer for
Swainson's hawk must be authorized by CDFW.•The Project site may provide suitable roosting habitat for bats
within buildings, and provide nighttime foraging habitat. If bats
are found on the Project site, roosts shall be protected during the
bat-breeding season (March 1 through September 30) with at
least a 200-foot no-disturbance buffer. Outside the breeding
season, once a qualified biologist has determined the bats have
left to forage, reentry into the structures shall be blocked and
alternative bat roosting habitat shall be provided on site or in the
vicinity prior to the structures being removed.
6
Mitiaation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibilitv Responsibility
Design Biological Wildlife-friendly Features Applicants and/or Fresno County During Measure ,.. Resources The Applicant shall reduce potential impacts to wildlife by installing their designees Department of construction, 2.5.7.3 ''wildlife-friendly" fencing, which would be designed to allow San to implement Public Works and operation and
Joaquin kit fox to pass through the fence while still providing for measure as Planning, maintenance,
solar facility security and exclusion of other unwanted species (i.e., defined. Development and
large domestic dogs and coyotes). Fence posts shall be capped to Services decommissioning
prevent potential entrapment of birds or other small species. The Division, and/or of the facility
design of new overhead gen-tie lines and transmission structures its designee,
would follow the most recent Avian Power Line Interaction California
Committee guidance, currently 2012, to reduce the potential for Department of
avian injury and mortality from collisions (APLIC 2012) and Fish and Wildlife
electrocution (APLIC 2006). Further, the proposed use of motion-
activated security lighting (rather than lighting that would remain on
from dusk to dawn) would reduce adverse impacts to nocturnal
species, potentially including foraging, sheltering, mating and
reproducing, communicating, and migrating behaviors.
Mitigation Cultural Implementation of Accidental Discovery Procedures Applicants and/or Fresno County During Measure* 3.6-1 Resources In the event that unanticipated archaeological resources are their designees Department of construction
encountered during Project activities, compliance with federal and to implement Public Works and activities
State regulations and guidelines regarding the treatment of cul tural measure as Planning,
resources and/or human remains shall be required, along with defined. Development
implementation of the following mitigation: If prehistoric or historic-Services
period archaeological resources are encountered during project Division, and/or
implementation: its designee.
•All construction activities within 100 feet shall halt and the
County shall be notified.•A qualified archaeologist, defined as one meeting the Secretary
of the Interior's Professional Qualifications Standards for
Archeology, shall inspect the findings and report the results of
the inspection to the developer and the County.•In the event that the identified archaeological resource is
determined to be prehistoric, the County and qualified
archaeologist will coordinate with and solicit input from the
appropriate Native American Tribal Representatives, as
determined by consultation with the Native American Heritage
Commission (NAHC), regarding significance and treatment of the
resource as a tribal cultural resource. Any tribal cultural
resources discovered during project work shall be treated in
7
Mitiaation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibilitv Resoonsibilitv
Mitigation Cultural consultation with the tribe, with the goal of preserving in place
Measure* 3.6-1 Resources with proper treatment.
(cont.) •If the County determines that the resource qualifies as a
historical resource or a unique archaeological resource (as
defined pursuant to CEQA Guidelines) and that the project has
potential to damage or destroy the resource, mitigation shall be
implemented in accordance with Public Resources Code Section
21083.2 and CEQA Guidelines Section 15126.4. Consistent with
CEQA Guidelines Section 15126.4(b)(3), mitigation shall be
accomplished through either preservation in place or, if
preservation in place is not feasible, data recovery through
excavation conducted by a qualffied archaeologist implementing
a detailed archaeological treatment plan.
Mitigation Cultural Accidental Discovery of Human Remains Applicants and/or Fresno County During Measure* 3.6-2 Resources If human remains are uncovered during Project activities, the Project their designees Department of construction
owner shall immediately halt work, contact the Fresno County to implement Public Works and activities
Sheriff-Coroner to evaluate the remains, and follow the procedures measure as Planning,
and protocols set forth in CEQA Guidelines Section 15064.4 (e)(1). defined. Development
If the County Sheriff-Coroner determines that the remains are Native Services
American in origin, the Native American Heritage Commission Division, and/or
(NAHC) will be notified, in accordance with Health and Safety Code its designee
Section 7050.5(c) and Public Resources Code Section 5097.98 (as
amended by AB 2641 ). The NAHC shall designate a Most Likely
Descendent (MLD) for the remains per Public Resources Code
Section 5097.98, and the landowner shall ensure that the immediate
vicinity, according to generally accepted cultural or archaeological
standards or practices, where the Native American human remains
are located, is not damaged or disturbed by further development
activity until the landowner has discussed and conferred, as
prescribed in Public Resources Code Section 5097.98, with the
MLD regarding their recommendations for the disposition of the
remains, taking into account the possibility of multiple human
remains.
Mitigation Geology, Soils, Paleontological Monitoring Applicants and/or Fresno County During Measure* 3.8-7 and The qualified paleontologist shall oversee paleontological monitoring their designees Department of construction Paleontological of all excavation at depths greater than 20 feet in previously to implement Public Works and activities Resources undisturbed sediments. Monitoring shall be conducted by a measure as Planning,
defined. Develooment
8
Mitiaation Measures
Measure No. Impact Mitigat.ion Measure Language Implementation Monitoring Time Span Resconsibilitv Responsibility
Mitigation Geology, Soils, paleontological monitor meeting the standards of the Society of Services
Measure" 3.8-7 and Vertebrate Paleontology (2010). If a paleontological resource is Division, and/or
(cont.) Paleontological found, regardless of depth or setting, the Project contractor shall its designee
Resources cease ground-disturbing activities within 50 feet of the find and
contact the qualified paleontologist. The qualified paleontologist
shall evaluate the significance of the resources and recommend
appropriate treatment measures. At each fossil locality, field data
forms shall be used to record pertinent geologic data, stratigraphic
sections shall be measured, and appropriate sediment samples
shall be collected and submitted for analysis. Any significant fossils
encountered and recovered shall be catalogued and curated at an
accredited institution with a research interest in the materials, such
as the Natural History Museum of Los Angeles County.
Accompanying notes, maps, and photographs shall also be filed at
the repository. The qualified paleontologist shall prepare a report
documenting evaluation and/or additional treatment of the resource.
The report shall be filed with the County and with the repository.
Mitigation Hazards and Suspected Asbestos-containing Materials Applicants and/or Fresno County During initial Measure* Hazardous The Project proponent shall continuously comply with the following their designees Department of demolition and
3.10-2 Materials mitigation in the event that materials suspected to contain asbestos to implement Public Works and construction
are uncovered during initial demolition and construction activities: measure as Planning, activities
1.In the event that suspec t asbestos-containing materials are defined. Development
Services discovered during Project activities, work within a 100-Division, and/or foot distance of the discovery shall immediately halt and a its designee California-certified asbestos professional shall take samples for
analysis of the suspect materials.
2.All damaged asbestos-containing material and asbestos-
containing material that would be disturbed by Project activities
shall be removed in accordance with federal, state, and local laws
and the National Emissions Standards for Hazardous Air
Pollutants guidelines before work may recommence.
3.All demolition activities shall be undertaken in accordance with
California Occupational Safety and Health Administration
standards, as contained in Title 8 of the California Code of
Regulations, Section 1529, to protect workers from exposure to
asbestos. Demolition shall be performed in conformance with
Federal State and local laws and reaulations so that construction
9
Mitiaation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Resoonsibilitv Responsibility
Mitigation Hazards and workers and/or the public avoid significant exposure to asbestos-
Measure* Hazardous containing materi als.
3.10-2 Materials
(cont.)
Mitigation Noise and Noise Reduction for Energy Storage System HVAC Units Applicants and/or Fresno County Prior to issuance Measure* Acoustics Prior to issuance of building permits for the energy storage system their designees Department of of building
3.14-1 (ESS) facility, the Project Applicant shall provide to the County to implement Public Works and permits for the
evidence demonstrating that each ESS faci lity heating venting and air measure as Planning, ESS
conditioning (HVAC) system will comply with the County noise defined. Development
standards through equipment selection and incorporation of design Services
measures (if applicable). Design measures may include the selection Division, and/or
of quieter HVAC units and use of enclosures or otherwise configuring its designee,
the units in a location that provides an acoustical barrier. Fresno County
Department of
Public Health
Mitigation Transportation Construction and Decommissioning Traffic Management Plan Applicants and/or Fresno County Prior to the Measure* and Traffic Prior to the issuance of construction or building permits, an the construction Department of issuance of
3.18-1a Encroachment Permit from Caltrans for the installation of a contractor and/or Public Works and construction or
temporary traffic control and the issuance of decommissioning their designees Planning, building permits
authorizations, the Applicant and/or the construction contractor to implement Development and throughout
shall: measure as Services Division, the construction
Prepare and submit a Traffic Management Plan to Fresno County defined. California duration • Department of Department of Public Works and Planning and the Caltrans District Transportation 6 office for approval. The Traffic Management Plan must be District 6, and/or prepared in accordance with both the California's Manual on its designee Uniform Traffic Control Devices (MUTCD) and Work Area Traffic
Control Handbook and must include, but not be limited to, the
following issues:
-Temporary Traffic Control (TTC) plan that addresses traffic
safety and control through the work zone;
-Timing of deliveries of heavy equipment and building
materials;
-Directing construction traffic with a flagger;
-Placing temporary signage, lighting, and traffic control
devices if required, including, but not limited to, appropriate
signage along access routes to indicate the presence of
heaw vehicles and construction traffic;
10
Mitigation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibilitv Responsibilitv
Mitigation Transportation -Ensuring access for emergency vehicles to the project sites;
Measure* and Traffic -Temporarily closing travel lanes or delaying traffic during3.18-1a materials delivery, transmission line stringing activities, or any
(cont.) other utility connections;-Maintaining access to adjacent property;-Specifying both construction/decommissioning-related vehicle
travel and oversize load haul routes, minimizing
construction/decommissioning traffic during the a.m. and p.m.
peak hour, distributing construction/decommissioning traffic
flow across alternative routes to access the project sites, and
avoiding residential neighborhoods to the maximum extent
feasible.•Obtain all necessary permits for the work within the road right-of-
way or use of oversized/overweight vehicles that would utilize
County-maintained roads, which may require California Highway
Patrol or a pilot car escort. Copies of the approved traffic plan
and issued permits shall be submitted to the Fresno County
Department of Public Works and Planning.•Overlay (2" Hot Mix Asphalt) and restripe California Avenue from
Derrick Avenue to the Ohio Street alignment (1 mile) due to
roadway impacts resulting from Project-generated construction
truck traffic.•Maintain the roadway (2 miles) along the frontage of the Project
site throughout the construction duration.•Enter into a secured agreement with Fresno County to ensure
that any County roads that are demonstrably damaged by
project-related activities are promptly repaired and, if necessary,
paved, slurry-sealed, or reconstructed as per requirements of the
state and/or Fresno County.
Mitigation Transportation Temporary Traffic Signal Applicants and/or Fresno County Prior to the Measure* and Traffic The Applicant shall coordinate with Caltrans and Fresno County to their designees Department of issuance of
3.18-1b pay for and install a temporary traffic signal at the SR 33/West to implement Public Works and construction or
California Avenue/West Panoche Road intersection prior to the measure as Planning, building permits
commencement of construction activities. Appropriate warning signs defined. Development and throughout
and plaques, as well as advance warning signs. shall be installed Services Division, the construction
along SR 33 to alert drivers of the modified traffic control at West California duration
California Avenue. The installation of a temporary traffic control Department of
device on a State facility (SR 33) will require an Encroachment Transportation
11
Mitiaation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Resconsibilitv Resconsibilitv
Mitigation Transportation Permit from Caltrans, which will be issued upon Caltrans' approval District 6, and/or
Measure* and Traffic of the Traffic Management Plan (see Mitigation Measure 3.18-1a). its designee
3.18-1b
(cont.)
Design Aesthetics, Shared Facilities with the North Star Solar Project Applicants and/or Fresno County During
Measure .,. Biological The Project would share, where feasible, the existing 2-mile-long their designees Department of construction of 2.5.7.4 Resources, 115 kV gen-tie line and underground communication lines between to implement Public Works and the facility Hazardous the North Star Substation and PG&E's Mendota Substation; may measure as Planning,
Materials share a portion of the North Star Solar Project site for construction defined. Development
worker parking, temporary construction offices, and temporary water Services
storage tanks; and may use water from the North Star Solar Project Division, and/or
well. To the extent the sharing of this existing infrastructure would its designee
be feasible, the Applicant would avoid creating new impacts,
including the avoidance of potential impacts to aesthetics and avian
species that otherwise would result from new power lines and poles
along West California Avenue, potential grading or hazardous
materials impacts that could result if all construction workers were to
park commute vehicles on the Project site, and potential impacts to
groundwater supply and soils from the normal use of potential
contaminants (such as sealants) in the well-drilling process.
Design Biological, Worker Environmental Awareness Program (WEAP} Applicants and/or Fresno County Prior to the Measure "" Paleontological The Project owner, or its contractor, shall implement a Worker their designees Department of issuance of 2.5.7.6 and Cultural Environmental Awareness Program (WEAP) to train construction to implement Public Works and grading or Resources personnel how to recognize and protect environmental and cultural measure as Planning, building permits resources on the Project site. The WEAP training shall include the defined. Development and for the following topic areas: Services duration of •Biological Resources: Training will include a review of the Division, and/or construction special-status species and other sensitive biological resources its designee activities that could exist in the Project area, the locations of sensitive
biological resources and their legal status and protections, and
measures to be implemented for avoidance of these sensitive
resources. Covered resources would include the San Joaquin kit
fox, Swainson's hawk and the burrowing owl.•Cultural and Paleontological Resources: The training shall
include an overview of potential cultural and paleontological
resources that could be encountered during ground-disturbing
activities to facilitate worker recognition and avoidance as well
12
Miti«:aation Measures
Measure No. Impact Mitigation Measure Language Implementation Monitoring Time Span Responsibility Responsibility
Design Biological, as appropriate notifications and work restrictions should
Measure .,... Paleontological potential resources be encountered.
2.5.7.6 and Cultural •Paleontological Resources: The training shall include an
(cont.) Resources overview of potential paleontological resources that could be
encountered during ground-disturbing activities to facilitate
worker recognition and avoidance as well as appropriate
notifications and work restrictions should potential resources be
encountered.•The WEAP training also shall include information on other
compliance matters, as appropriate, such as storm water
management, handling and storage of hazardous materials and
compliance with dust control measures. The WEAP training will
be mandatory for all construction personnel and certain site
visitors and vendors. A copy of the training transcript and/or
training video, as well as a list of the names of all personnel who
attended the training and copies of the signed
acknowledgement forms shall be made available upon request.
•MITIGATION MEASURE -M-easure specifically applied to the project to mitigate potential adverse environmental effects identified in the environmental documenl
.. Design Measure -Condition proposed as part of the design for the project whose implementation would mitigate potential adverse environmental impacts identified in the environmental document.
Conditions of Aooroval
1.The life of this each land use permit (CUP Nos. 3550, 3551, 3552, 3553, and 3577) shall expire upon expiration of the initial life of the solar lease or
the 30-year initial life of each of the projects. If the solar leases are to be extended or the initial life of each project extends beyond this approval,
approval of new land use permits shall be obtained.
2.Development and operation of the use shall be in conformance with the site plan, elevation drawings, operational statement, and Reclamation Plan
approved by the Commission.
3.The CUP approval shall be conditioned upon acceptance of Financial Assurances by the Director of the Department of Public Works and Planning
and/or the Director's designee.
4.A Site Plan Review (SPR) Application shall be submitted for approval by the Director of the Department of Public Works and Planning in accordance
with Section 874 of the Fresno County Zoning Ordinance prior to the issuance of Building Permits for each approved land use permit (CUP Nos.
3550, 3551, 3552, 3553, and 3577). The SPRs shall be applicable to those portions of the project site(s} to be improved with substations, inverters,
perimeter access roads, parking, and driveway access, excluding the solar panel fields. Items to be addressed under the SPR process may include,
but are not limited to, design of parking and circulation, driveway, access, grading and drainage, fire protection and lighting.
5.As part of the SPR submittal process for each land use permit, an agreement incorporating the provisions of the "Right-to-Farm• Notice (Ordinance
Code Section 17.40.100) shall be entered into with Fresno County, acknowledging the presence of surrounding agricultural operations and theirrelated activities.
13
Conditions of ApprovaJ
6.The project shall adhere to the procedures listed in the Reclamation Plan prepared for the operation, including requirements for financial estimates,
bonding and facility removal when operation ceases. Prior to the issuance of any Construction Permits (Building, Electrical, Mechanical, Plumbing),
the required bond amount, based on the engineer's estimate, shall be deposited (or evidence of a Bank Guarantee or Irrevocable Letter of Credit
shall be provided).
7.The Reclamation Plan shall be revised to provide for an annual increase in costs at 3%, or tied to the Consumer Price Index (CPI), or other
mechanism acceptable to the Fresno County Department of Public Works and Planning.
8.The project shall comply with the Pest Management Plan, February 2017, in order to control weeds and rodents on the property that may impact
adjacent properties.
9.The County of Fresno shall enter into an agreement with a Consultant to act as a Third Party Monitor and implement the Mitigation Monitoring and/or
Reporting Program and Conditions Compliance Matrix in accordance with Section 21081.6 of the California Public Resources Code and Section
15097 of Title 14, Chapter 3 of the California Code of Regulations. This agreement shall cover monitoring the Project's Mitigation Measures and
Conditions of Approval as provided in the Mitigation Monitoring and/or Reporting Program and Conditions Compliance Matrix, and the Applicant shall
pay all costs associated with the Consultant costs and Mitigation Monitoring.
10 The Applicant shall enter into an agreement with the County of Fresno to compensate for County staffs time to review and administer any materials
related to Mitigation Monitoring and/or Reporting, including those prepared by the Third Party Monitor.
11.Prior to initiating construction, the Applicant shall be required to contact Underground Service Alert (811) to allow Westlands Water District staff to
locate and mark its facilities prior to commencement of grading or construction activities.
12.* The Applicant shall enter into an agreement indemnifying the County for all legal costs associated with its approval of UCUPS 3550-3553, and 3570
and provide a bond in the amount of $150,000.00 as security for any such legal costs incurred by the County.
13.* The Applicant shall enter into a Reclamation Agreement and shall have the property owner execute a limited easement for the County's benefit.
Conditions of Approval reference required Conditions for the project.
*Conditions added by the Board of Supervisors, February 26, 2019.
Notes
The following Notes reference mandatory requirements of Fresno County or other Agencies and are provided as information to the project Applicant.
1.These Conditional Use Permits will become void, unless there has been substantial development within two years of the effective date of this
approval.
2.The Applicant shall comply with all applicable laws and standards, including, but not limited to, those governing the use, storage, and disposal of
hazardous materials; worker training and safe work practices; air quality (such as the San Joaquin Valley Air Pollution Control District's indirect
source rule and fugitive dust regulation), water quality (e.g., local design standards for retention or detention basins to manage storm water runoff),
and Energy Storage Systems more generally (see Draft EIR Chapter 2's footnote 6 for details). Similarly, site preparation and construction activities
would be performed in accordance with an SWPPP, or similar plan that incorporates storm water BMPs to reduce the adverse effects of erosion and
sedimentation and herbicide would be aoolied bv aualified personnel following product label instructions and aoolicable reaulations.
14
Notes
3.Prior to occupancy, the Applicant shall complete and submit either a Hazardous Materials Business Plan or a Business Plan Exemption form to the
Fresno County Department of Public Health, Environmental Health Div ision. Contact the Certified Unified Program Agency at (559) 445-3271 for
more information.
4.All hazardous waste shall be handled in accordance with requirements set forth in the California Health and Safety Code, Chapter 6.5. This chapter
discusses proper labeling, storage and handling of hazardous wastes.
5.A storm water pollution prevention plan (SWPPP) shall be submitted to the U.S. Environmental Protection Agency and administered by the California
State Regional Water Quality Control Board.
6.Because the proposed project includes land disturbances of more than five acres, the Applicant will be required to obtain a National Pollution
Discharge Elimination System (NPDES) General Construction Storm Water Permit from the Regional Water Quality Control Board.
7.The Applicant shall adhere to San Joaquin Air Pollution Control District Regulation VIII -Fugitive Dust Rules. The Applicant also shall adhere to the
District's permitting requirements, which include a District-Issued Dust Control Plan and Authority to Construct (ATC). The Applicant shall consider
entering into a voluntary emission reduction agreement (VERA) with the District.
8. The following project notes relate to improvements of the private drives and parking areas: -An Encroachment Permit will be required for any improvements within the County right-of-way prior to commencement of construction.-The driveway should be a minimum of 24 feet and a maximum of 35 feet in width as approved by the Road Maintenance and Operations
Division.-If only the driveway is to be paved, the first 100 feet off of the edge of the ultimate right-of-way shall be concrete or asphalt.-Any proposed gate that provides initial access to this site shall be set back from the edge of the road right-of-way a minimum of 20 feet or the
length of the longest vehicle to enter the site, whichever is greater.-A dust palliative shall be required on all parking and circulation areas.
9.Any proposed septic system shall adhere to the California Plumbing Code and the Fresno Local Agency Management Plan (LAMP).
10.The Applicant shall comply with the Westlands Water District Backflow Prevention Guidelines.
11.A dust palliative shall be required on all parking and circulation areas.
��-CMM:ksn
G:\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\EIR -EIS\7225 Little Bear (First Solar)\BOS\CUP 3550-53 and 3577 MMRP (BOS).docx
15
June 3, 2019
Project No. 19-07480
Ms. Chrissy Monfette, Planner
Development Services and Capital Projects Division
County of Fresno Department of Public Works and Planning
2220 Tulare Street, 6th Floor
Fresno, CA 93721
Via email: cmonfette@co.fresno.ca.us
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
805 547 0900 OFFICE AND FAX
In fo@ri n co neons ut ta nts. com
www .rincon consultants.com
Subject: Proposal to Provide Environmental Compliance Support Services for the First Solar
Little Bear Solar Project, Fresno County, California
Dear Ms. Monfette:
Rincon Consultants, Inc. (Rincon) is pleased to submit this proposal to provide environmental
compliance support services to assist with compliance related to the County of Fresno (County)
Condition of Approval (COA) 9 for the First Solar (FS) little Bear Solar Project (Project) In Fresno County,
California. It is our understanding that the Project is comprised of multiple separate solar facilities, each
with its own Conditional Use Permit (CUP):
•Little Bear Solar 1 (CUP No. 3550);
•little Bear Solar 3 (CUP No. 3551);
•Little Bear Solar 4 (CUP No. 3552);
•Little Bear Solar 5 (CUP No. 3553); and
•Little Bear Solar 6 (CUP No. 3577).
All five CUPs have identical COAs, and for the purposes of this proposal we are considering
environmental compliance support services as a combined effort for the Project.
Rincon is a pre-approved consulting firm with the County, and therefore we are being considered for
this role. COA 9 describes the arrangement as follows:
The County of Fresno shall enter into an agreement with a consultant to act as a Third Party Mon itor
and implement the Mitigation Monitoring and/or Reporting Program and Conditions Compl iance
Matrix in accordance with Section 21081.6 of the California Public Resources Code and Section
15097of Title 14, Chapter 3 of the California Code of Regulations. This agreement shall cover
monitoring of the Project's mitigation Measures and Conditions of Approval as provided in the
Mitigation Monitoring and/or Reporting Program and Conditions Compliance Matrix, and the
Applicant shall pay all costs associated with the Consultant costs and Mitigation Monitoring.
Below is a discussion of the three tasks and our assumed responsibilities as Third Party Monitor (TPM)
for the County.
E:nvlronmentel Sc lonll sls Plannors Eng/nears
• County of Fresno
First Solar Little Bear Solar Project
Task 1: Project Submittals MMRP Compliance Review
The Project's Mitigation Monitoring and Reporting Program (MMRP) and COAs define all of the required
Project submittals prior to the start of construction activities. Rincon will review these submittals and
confirm that all required elements are included as per the MMRP and COAs. As part of this process, we
recommend setting up a "Condition Compliance Review Memorandum" template to clearly identify the
submittal, the MMRP or COA measure that it is addressing, and a summary of the review and whether
the submittal meets the minimum requirements.
We assume that at a minimum the following documents will require review and approval:
•Mitigation Measure (MM) 3.4-2: VERA with San Joaquin Valley Air Pollution Control District or
analysis by air quality specialist emissions NOx less than 10 tons/year
•MM 3.5-1: Burrowing Owl Exclusion Plan (if required)
•Design Measure (DM) 2.5.7.2: Valley Fever Management Plan
•DM 2.5.7.3: Wildlife friendly features shown on construction documents and meeting minimum
required for fencing and electrical components (APLIC 2012)
•MM 3.14-1: Noise reduction guidance for HVAC
•MM 3.18-la: Construction and Decommissioning Traffic Management Plan
•OM 2.5.7.6: Worker Environmental Awareness Program (WEAP)
•MM 3.5-1 Preconstruction survey reports review
•MM 3.8-7: Paleontological Monitoring (review resumes of monitors)
For the purposes of estimating a cost, we have assumed that up to 28 document submittals will be
reviewed, with one round of review and comment per submittal. We also assume that all deliverables
will be submitted electronically; no hard copies will be provided.
Task 2: Third Party Compliance Monitoring
Construction is anticipated to start in September 2019 with move-on/mobilization activities followed by
construction, and final commissioning starting in July 2020 through September 2020.
Once mobilization to the site (move-on) occurs, assumed to be September 13, 2019, Rincon will initiate
compliance monitoring site visits. The compliance monitor will confirm that MMRP and COA measures
are being implemented as approved.
Rincon assumes that one (1) full-time Professional Staff II (compliance monitor) will be required for full
time (every day of scheduled work) monitoring at the start of construction, during demolition activities
associated with all existing structures, and continuing until all grading of the site has been completed.
For the purpose of estimating costs, we have assumed that in the "indicative project schedule" provided
by FS, "move -on" and "site prep" represent the time periods where building demolition and grading
activity will occur. Therefore we have assumed full time monitoring from September 13 to November
19, 2019, for a total of 48 monitoring days.
Page 2
• County of Fresno
First Solar Little Bear Solar Project
At the completion of all building demolition and grading activity at the Project site, and assuming the
construction contractor and Applicant-contracted compliance monitors are meeting all project
conditions and the Project is in good standing regarding environmental compliance, on-site monitoring
would be reduced to one day per month for spot-checks for the remaining 10 months (December 2019 -
September 2020) for a total of 10 monitoring days.
For the purposes of estimating a cost for this task, we came up with the total number of monitoring days
based on the following assumptions:
•The construction work schedule is Monday through Friday, with no work occurring on weekends
or holidays.
•Third party monitor total time per day is 6 hours inclusive of travel time.
•Assume round trip travel time is two hours, and 100 miles per trip.
•Direct costs include our standard per day charge for use of a light duty vehicle (we assume that
four wheel drive vehicle ls not needed for site access) of $85/day plus mileage over 50 miles at
$0.65/mile.
•All third-party compliance monitoring would be documented with electronic daily logs that
include a summary of the monitoring activities and a photo log.
•The transition to monthly spot checks assumes that the Project is in good standing.
We understand that based on site conditions and schedule, the frequency of site visits could be adjusted
up or down depending on the needs of the County. As outlined below under Cost Estimate and
Schedule, we will bill on a time and materials not to exceed basis, and therefore if less site visits are
necessary, there would be a cost savings under this task. Likewise, if more than 58 total site visits are
ultimately required based on site conditions (e.g. non-compliance issues) and/or changes to the
expected schedule, we can process a budget amendment for additional services on a time and materials
basis and based on the attached Standard Fee Schedule.
Task 3: Compliance Reporting to County
This task involves regular compliance reporting to the County, assumed to be monthly letter reports
with all attached monitoring forms, plus any applicant submittals (e.g. WEAP signature forms). We have
assumed a total of 13 monthly reports (September 2019 -September 2020)
For any violation of COAs observed during implementation of Task 2, immediate notification of the
County will occur (email and/or phone call) the same day as the violation was detected, with a memo
report to the County within three business days of the incident being documented. For the purposes of
estimating a cost, we have assumed that up to four non-compliance memos will be required.
At the completion of the Project, a comprehensive summary of the MMRP will be complied in
spreadsheet format, documenting key milestones of compliance with all measures. This summary will
include columns for each of the five distinct facilities that comprise the Project, to document compliance
submittal dates and track key milestones. A simple cover letter will accompany this submittal.
Under this task we have assumed up to three phone meetings between the Rincon Project Manager,
County Contact, and FS will be required over the span of the Project to discuss Project details, schedule,
Page3
•• County of Fresno
First Solar Little Bear Solar Project
and potential compliance issues. We have assumed these meetings would be conducted via telephone
and would last no longer than one hour each.
Routine management tasks are also included under this task and include project administration and
providing monthly progress reports with regard to the work scope and the budget attached with our
invoicing.
We assume that all deliverables will be submitted electronically; no hard copies will be provided.
Cost Estimate and Schedule
Rincon estimates the cost to complete the scope of work presented above would require a budget of
$83,275. This cost would be billed on a time and material not to exceed basis, includes all labor and
expenses to perform the services described herein and is in accordance with our Standard Fee Schedule
(attached). The attached cost table provides a detailed breakdown of our cost estimate by task and
employee classification.
We are prepared to initiate our scope of work immediately following receipt of Notice to Proceed (NTP),
and a mutually agreed upon and executed contract. This proposal and cost estimate will remain in effect
for up to 30 days. If necessary, any additional work not included in this proposal can be performed with
your written authorization on a time and materials reimbursement basis in accordance with the
attached fee schedule and the terms and conditions outlined in the agreed-upon contract. A separate
scope of work and cost estimate would be provided to you for authorization of any additional work.
Rincon is committed to providing excellent environmental consulting services. Please do not hesitate to
contact us if you have any questions regarding this proposal or any other matters related to our
services. Thank you for the opportunity to assist you with this project.
Sincerely,
Rincon Consultants, Inc.
/ , . -.,
Doµglas A. Dryna.lJ
Senior Biologist
/
Attachments: Cost Estimate Table
Standard Fee Schedule
�1.:----.P�����enior Ecologist
Page 4
•
RINCON CONSULTANTS, INC.
Litt le Bear Solar Projec t, Fresno County
Cost Estimate
Tasks
Task 1: MMRP Submittals Review
Task 2: Construction 3rd Party Monitoring
Task 3: Compliance Reporting
Da-ecl Cost Deto[I
Vehicle C-s
Summary
Professional Fees Subtotal
Direct Costs Subtotal
Rincon lobor Closs1t1colton ➔
Lobor Cosl
$14,360
$42,336
$19,764
. . ...•
s 6,815
IDlfecl
Expense
l $6,815
I
$76,460
$6,815
!Hours
86
I 371
I 136
.Q � 15 -
C ci:
$215
14
2
16
0 C 0 ] 2 a..
0c ., .,,
Sl70
20
4
23
County of Fresno
First Solar Llttte Bear Solar Project
0 _Q � g u Q ·c -�= a.�-0 "' -0 -0 C 0 < <: ct 0 0 ::::. _g � < 0.., 0 u u � c 0 � ]� ., ct <.:) .,, u >
$156 $112 $108 $75
so
10 I 348 l s
47 I 36 I I 14
Page 5
r
Other Direct costs
RINCON CONSULTANTS, INC.
Standard Fee Schedule for Environmental Sciences and Planning Services
Professional, Technical & Support Hourly Rate Personnel*
Principal II/ Director II $235
Principal / Director I $215
Senior Supervisor II $200
Supervisor I $190
Senior Professional 11 $170
Senior Professional I $156
Professional IV $140
Professional Ill $125
Professional II $112
Professional I $100
Associate Ill $92
Associate II $86
Associate I $80
Project Assistant $75
Senior GIS Specialist $136
GIS/CADD Specialist II $120
GIS/CADD Specialist I $108
Technical Editor $110
Production Specialist $86
Clerical $75
*Professional classification Includes: environmental scientists, urban planners, biologists, geologists,marine scientists, GHG verifiers, sustainabJ1ity experts, cultural resources experls end otherprofessionals. Expert witness services consisting of depositions or in-rourl testimony are charged et thehourly rate of $350.
Direct Costs Rate
Photocopies -Black and White $0.20 (single sided) & $0.36 (double sided)
Photocopies -Color $1.50 (single sided) & $3.20 (double sided)
Photocopies -11 x 17 $0.80 (B & W) & $3.20 {color)
Oversized Maps $8.00/square foot
Reproduction: CDs $10 I disc
Light duty /Passenger Vehicles•• $85/day
4-WD/Off-Road Vehicles••$135/day
.. $0.65/rmle for mileage over 50 and for all miles incurred in emp/oyee--0wned vehicles.
Other direct costs associated with the execution of e project are billed at cost plus 15% to cover General and Administrative services. Other direct costs associated with completing a project that are not included in the hourly billing rates described above may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling end shipment, rental equipment and vehicles other than covered by the above charges, etc.
Effective /11/y 2018
Environmental Scientists Planners Engineers
RINCON CONSULTANTS, INC.
E�i�m! fl� ·1 � '.. • • !' • �· ·. _·: :r-�. ::·��.'�; .. �;�•:�:�.:; ,·>>�·;1(; -�-��i.'. ?��:.;:i· ·� ��� �;.\:i f.�;��:L'.'�-� -�·-�: :?):. �' j -��Y :�,����:
Environmental Site Assessment Brass Sample Sleeves, Bailers, Disposable Bailers $25
Water Level Indicator, DC Purge Pump $40
Hand Auger Sampler $55
Oil-Water Interface Probe $85
Four Gas Monitor or Photo-Ionization Detector $120
Soil Vapor Extraction Monitoring Equipment $140
Flame Ionization Detector $200
Natural Resources Field Eauloment Tnmt>le GPS (sub-meter accuracvl $190 UAS Drone $250
Pettersson Bat Ultrasound Detector/Recording Equipment $150
Spotting or Fiberoptic Scope $150
AmphiblanNernal Pool Field Packa�e: (digital camera, GPS, thermometer, decon chlorine,waders, float tube, hand net, field m croscope) $150
Remote Field Package, (di�ital camera, GPS, thermometer, binoculars, tablet and mifi,Delorme Satellite Beacon, 4-Hour Safety Phone) $125
Sound Level Metering Field Package: anemometer, tripod and digital camera. $100
Standard Field Packa�e (digital camera, GPS, thermometer, binoculars, tablet, safety equipment, and botanic collecting equipment) $95
Fisheries Equipment Package: (waders, wetsuits, dip nets, seine nets, bubblers, buckets) $50
Water Quality Equipment (DO, pH, Turbidity, refractometer, temperature) $55
Large Block Nets $100
Minnow trap $85 lnfrarea Sensor Dioital Camera or Comouter Field 1-nuioment $50
Scent Station $20
Laser Rangefinder/Altitude $10
Net, Hand/Large Seine -$10/$50
Pit-fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $8
Mammal Trap, Large/Small $1.50/$.50
Water & Marine Resources Equipment
Refractometer (salinity) or Turbidity Meter $35
Multi Parameter Sande (Temp, Cond, Turbidity, DO, pH) with GPS $150
Boat (20 ft. Boston Whaler or Similar) $300
Boat (26 ft. Radon or Similar) $550
Side Scan or Single Beam Sonar $700
Underwater & Manne Sampling Gear includes: U/W PhotoNtdeo Camera, SCUBA Equipment $50/diver (Tanks, BCD, Regulato(, Wetsuits, etc.)Marine Field Package: Personal Flotation Devices (PFDs),100 ft. Reel Tapes w/ Stainless $50 Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, various Field Guides)
Insurance. Hazard & Safetv Fees L & H Dive Insurance $50/diver
Hazard Premium (In or Underwater ONLY per/hour) $1.25 X hourlv
Level C Health and Safety $60 person
Effective July 2018
Environmental Scientists Planners Engineers
EXHIBIT E
CONFLICT OF INTEREST CODE OF THE DEPARTMENT OF PUBLIC
WORKS AND PLANNING
Exhibit "E" is a copy of Resolution #99-086 adopted by the Board of Supervisors
on February 23, 1999 that references California Code of Regulations Section
18730. Consultants are listed on Exhibit A of the Resolution with the following
note:
*Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to the
following limitation: The Director of Public Works and Planning may determine in
writing that a particular consultant, although a "designated position", is hired to
perform a range of duties that is limited in scope and thus is not fully required to
comply with the disclosure requirements of this section. Such written
determination shall include a description of the consultant's duties and, based on
that description, a statement of the extent of disclosure requirements. The
Director of Public Works and Planning's determination is a public record and
shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
EXHIBIT E -Page 1
,• .·•
1
2
3
4 In the matter of
EXHIBITE
File f/15123 February 23, 1999 Resolution U99-D86
BEFORE THE BOARD OF SUPERVISORS
Of THE COUNTY OF FRESNO
STATE OF CALIFORNIA
5 Adoption of Standard Conflict of Interest
6 Code for All County Departments.Resolution #99-085
7
8 Whereas, the Political Reform Act, Government Code section 81000 et seq.,
9 requires state and local government agencies to adopt and promulgate conflict of Interest
1 O codes; and
11 Whereas, the fair Polltlcal Practlces Commission has. adopted a regulatlon, 2
12 Callfomla Code of Regulations section 18730, which contaf ns the terms of a standard
13 conflict of Interest code, and which may be amended by the Fair Polltlcal Practices
14 Commission after public notices and hearings to conform to amendments to the Political
15 Reform Act; and
16 Whereas, any local agency may Incorporate this standard conflict of interest code,
and 1hereafter need not amend the text of ifs code to confonn to future amendments to the 17
18
19
20
21
22
Politlcal Reform Act or Its regulations; and
Whereas, the Board of Supervisors Is the code reviewing body for all County
departments except courts; and
Whereas, the Board of Supervisors may adopt the standard conflict of interest
code on behalf of all County departments.
Now therefore _be it resolved, that the tem,s of 2 California Code of Regulations
23 section 18730, and any amendments to it duly adopted by the Fair Po litical PracUces
24 Commission, are hereby incorporated by reference and, along with the Exhibits A and B
25 approved previously, today, or In the future, by this Board for each County department, In
26 which officers and employees are designated and disclosure categories are set forth,
27
28
EXHIBIT E-Page 2
EXHIBIT E
2
constitute the conflict of interest codes of each County department except courts.
Conflict of Interest forms shall be filed as follows:
3 1.As required by Government Code Section 87600, subdivision {e), the
4 County Administrative Officer, District Attorney, County Counsel, and Auditor-
5 Controllerffreasurer-Tax Collector shall file one orlginal of their statements with the County
6 Clerk, who shall make and retain copies and forward the originals to the Farr Polltlcal
7 Practices Commission, which shall be the 1llfng officer. The County Admlnrstratfve Offlcer,
6 Dfstrict Attorney, County Counsel, and Audltor-Contrcllerrrreasurer-Tax Collector shall also
9 file one copy of their statements with the Clerk to the Board of Supervisors.
�o 2. As required by Government Code secHon 87500, subdivision 0), all other
11 department heads shall file one original of their statements with their departments. The fillng
12 officer of each department shall make and retain a copy of the deparbnent head's statement
13 end shall forward 1he original 1o the Clerk to the Board of Supervisors.
14 3.All other designated employees shall file one original of their statements with
their departments . . 15
-1-6 All statements shall be pub\lc records and shall be made available for public
inspection and reproduction. (Gov. Code, § 81008.) 17
18
19
20
21
22
23
Adopted at a regular meeting of the Board of Supervisors, held on the� day
of :Fe.bi:ua.;y , 19�. by the fallowing vote, to wit:
Ayes: Supervisors Koligian. Case, A;;ambula, Oken, Levy
Noes: None
Absent: None
24 .ATTEST: SHARI GREENWOOD, CL'ERK 26 BOARD OF SUPERVISORS
:: By��
eputy
28 File O 15123 Agenda /128 Resolution fl99-O86
2
EXHIBIT E -Page 3
EXHIBIT E
EXHIBIT "A"
PUBLIC WORKS AND PLANNING
Accountant I / II
Architect
Assistant Real Property Agent
Associate Real Property Agent
Building Inspector I / II
Building Plans Engineer
Capital Projects Division Manager
Chief Building Inspector
Chief of Field Surveys
Community Development Manager
Consultant
Deputy Director of Planning
Deputy Director of Public Works
Deputy Director of Resources & Administration
Development Services Manager
Director of Public Works and Planning
Disposal Site Supervisor
Engineer I/ II/ Ill
Field Survey Supervisor
Housing Rehabilitation Specialist I / II
In formation Technology Analyst I /II/ Ill / IV
Landfill Operations Manager
Planner I/ II/ Ill
Principal Accountant
Principal Planner
Principal Staff Analyst
Public Works and Planning Business Manager
Public Works Division Engineer
Road Maintenance Supervisor
Road Superintendent
Senior Accountant
Senior Engineer
Senior Engineering Technician
Senior Information Technology Analyst
Senior Planner
EXHIBIT E -Page 4
Category
2
1
1
1
1
1
1
1
1
1 *
1
1
1
1
1
2
1
3
1
2
1
1
1
1
1
1
1
1
1
2
1
2
2
1
Classification
Senior Staff Analyst
EXHIBIT E
Senior Systems and Procedures Analyst
Staff Analyst I /II/ Il l
Supervising Accountant
Supervising Building Inspector
Supervising Engineer
Supervising WaterNVastewater Specialist
Systems and Procedures Analyst I /II/ Il l
Systems and Procedures Manager
Traffic Maintenance Supervisor
Category
1
2
1
1
1
1
1
2
2
2
*Consultants shall be included In the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following
limitation: The Director of Public Works and Planning may determine in writing that
a particular consultant, although a "designated position", is hired to perform a range
of duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements in this section. Such written determination shall include a
description of the consultant's duties and, based upon that description, a statement
of the extent of disclosure requirements. The Director of Public· Works and
Planning's determination is a public record and shall be retained for public inspection
in the same manner and location as this conflict of interest code.
EXHIBIT E -Page 5
EXHIBIT E
EXHIBIT "8"
PUBLIC WORKS AND PLANNING
1.Persons in this category shall disclose all reportable investments, interests in real
property, sources of income (including gifts), and business positions. Financial
interests (other than gifts) are reportable only if located within or subject to the
jurisdiction of Fresno County, or if the business entity is doing business or planning
to do business in the jurisdiction, or has done business within the jurisdiction at any
time during the two years prior to the filing of the statement. Real property shall be
deemed to be within the jurisdiction of the County if the property or any part of it is
located within or not more than two miles outside the boundaries of the County
(including its incorporated cities) or within two miles of any land owned or used by
the County.
2.Persons in this category shall disclose all reportable investments in, income from
(including gifts), and business positions with any business entity which, within the
last two years, has contracted or in the future foreseeably may contract with Fresno
County through its Public Works and Planning Department, Solid Waste
Commissions within the jurisdiction, or to any other joint powers agency which
Fresno County is a member to provide seNices, supplies, materials, machinery, or
equipment to the County.
3.Persons in this category shall disclose all interests in real property within the
jurisdiction of Fresno County. Real Property shall be deemed to be within the
jurisdiction if the property or any part of it is located within or not more than two miles
outside the boundaries of Fresno County (including its incorporated cities) or within
two miles of any land owned or used by the County .
. . ,·
•", -·'.: ... ,::;·
i\.,
-·
,,
. " .....
EXHIBIT E -Page 6