HomeMy WebLinkAboutAgreement A-17-197 with AMEC Foster Wheeler Inc..pdf Agreement No. 17-197
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 16th day of May , 2017,
3 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
4 hereinafter referred to as "COUNTY", and AMEC FOSTER WHEELER ENVIRONMENT AND
5 INFRASTRUCTURE, INC., a Nevada Corporation,whose address is AMEC Foster Wheeler 1942
6 Broadway, Suite 314 Boulder, CO 80302, hereinafter referred to as "CONTRACTOR".
7 WITNESSETH:
8 WHEREAS, COUNTY has a need for an updated multi jurisdictional Local Hazard Mitigation
9 Plan(LHMP) as mandated in Section 322 of the Disaster Mitigation Act of 2000 (Public Law 106-
10 390) requiring local governments to have a Federal Emergency Management Agency(FEMA)
11 approved updated LHMP as a condition of receiving hazard mitigation grant funds; and
121 WHEREAS, COUNTY, through its Department of Public Health(DPH) Office of Emergency
13 Services (OES), has been awarded pre-disaster mitigation funds by the FEMA for the development of
14 an updated LHMP; and
15 WHEREAS, CONTRACTOR, is experienced in the development of an updated LHMP and is
16 willing and able to perform the services required by COUNTY, pursuant to the terms and conditions
17 of this Agreement.
18 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
19 hereto agree as follows:
20 1. CONTRACTOR'S RESPONSIBILITIES
21 A. CONTRACTOR shall perform all services and fulfill all responsibilities '
22 identified in Exhibit A "Scope of Work", attached hereto and by this reference incorporated herein, in
23 accordance with the "Schedule of Work" identified in Exhibit B, attached hereto and by this reference
24 incorporated herein.
25 B. Upon receipt of final comments from the State of California, Office of
26 Emergency Services (State OES) and FEMA, CONTRACTOR shall develop and deliver a Final
27 Updated LHMP which will need to be included in the safety element of the County General Plan and
28 Formal adoption by the COUNTY's Board of Supervisors to result in the County's eligibility for AB
— 1 — COUNTY OF FRESNO
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1 2140. ///
2 C. CONTRACTOR shall provide technical support as needed which may include
3 the development of graphics and/or PowerPoint presentations.
4 D. CONTRACTOR shall have a representative present at the COUNTY'S Board of
5 Supervisor's meeting during the adoption of the Final Updated LHMP.
6 E. CONTRACTOR shall provide all of the necessary copies for submittal to the
7 State OES and FEMA and shall provide COUNTY with fifty(50) hard copies and two (2) USB flash
8 drives of the Final Updated LHMP.
9 2. TERM
10 This Agreement shall become effective upon execution and shall terminate on the 315t
11 day of December, 2018.
12 3. TERMINATION
13 A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
14 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
15 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
16 terminated at any time by giving CONTRACTOR thirty(30) days advance written notice.
17 B. Breach of Contract- COUNTY may immediately suspend or terminate this
18 Agreement in whole or in part, where in the determination of COUNTY there is:
19 1) An illegal or improper use of funds;
20 2) A failure to comply with any term of this Agreement;
21 3) A substantially incorrect or incomplete report submitted to COUNTY;
22 4) Improperly performed service.
23 In no event shall any payment by COUNTY constitute a waiver by COUNTY of any
24 breach of this Agreement or any default which may then exist on the part of CONTRACTOR. Neither
25 shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach
26 or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY
27 of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of COUNTY
28 were not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly
2 — COUNTY OF FRESNO
Fresno,CA
1 refund any such funds upon demand or, at COUNTY's option; such repayment shall be deducted from
2 future payments owing to CONTRACTOR under this Agreement.
3 C. Without Cause -Under circumstances other than those set forth above, this
4 Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DPH Director, or
5 designee, upon the giving of thirty(30) days advance written notice of an intention to terminate.
6 4. COMPENSATION
7 A. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
8 compensation at the rates and allocations set forth in the budget attached hereto as Exhibit C and
9 incorporated herein by this reference.
10 B. In no event shall services performed under this Agreement be in excess of One
11 Hundred Fifty Thousand and No/100 Dollars ($150,000.00) for the term of this Agreement. It is
12 understood that all expenses incidental to CONTRACTOR's performance of services under this
13 Agreement that are not provided for in Exhibit C shall be borne by CONTRACTOR.
14 C. Payments by COUNTY shall be bi-monthly in arrears, for services provided
15 during the preceding two (2)months, within forty-five (45) days after receipt and verification of
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16 CONTRACTOR's invoices by COUNTY's Department of Public Health. If CONTRACTOR should
17 fail to comply with any provision of this Agreement, COUNTY shall be relieved of its obligation for
18 further compensation.
19 5. INVOICING
20 A. CONTRACTOR shall invoice COUNTY bi-monthly, in duplicate, on the first
21 day of the month of the following months: July, September, November, January, March, and May,
22 addressed to the County of Fresno, Department of Public Health, P.O. Box. 11867, Fresno, CA
23 93775, Attention: Ken Austin, OES Manager, Environmental Health Division.
24 B. LHMP invoices shall itemize the amount spent in each category of the budget
25 and shall include the percentage of the project completed.
26 C. Annex-to-Plan invoices shall list jurisdictions(s)worked with,number of hours 3
27 allocated to each jurisdiction, number of hours expended, and number of hours remaining.
28 D. Ten percent(10%) of the total invoice will be withheld from payment for each
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1 LHMP invoice submitted. The withheld amount will be paid upon FEMA approval of the updated
2 LHMP. No percentage will be withheld from the Annex-to-Plan invoices.
3 6. INDEPENDENT CONTRACTOR
4 In performance of the work, duties, and obligations assumed by CONTRACTOR under
5 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
6 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
7 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
8 employee,joint venture, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no
9 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
10 its work and function. However, COUNTY shall retain the right to administer this Agreement so as to
11 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
12 thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
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13 rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
14 directly or indirectly the subject of this Agreement.
15 Because of its status as an independent contractor, CONTRACTOR shall have
16 absolutely no right to employment rights and benefits available to COUNTY employees.
17 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
18 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
19 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
20 including compliance with Social Security, withholding, and all other regulations governing such
21 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be
22 providing services to others unrelated to the COUNTY or to this Agreement.
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23 7. MODIFICATION
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24 Any matters of this Agreement may be modified from time to time by the written
25 consent of CONTRACTOR and COUNTY without, in any way, affecting the remainder.
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26 Notwithstanding the above, changes to line items in the budget, Exhibit C, that do not exceed ten
27 percent (10%) of the maximum compensation payable to the CONTRACTOR,may be made with the
28 written approval of CONTRACTOR and COUNTY's Department of Public Health Director, or
_ 4 _ COUNTY OF FRESNO
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1 designee. Said budget line item changes shall not result in any change to the maximum compensation
2 amount payable to CONTRACTOR, as stated herein.
3 8. NON-ASSIGNMENT
4 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
5 duties under this Agreement without the prior written consent of the other party.
6 9. HOLD-HARMLESS
7 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
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8 defend the COUNTY, its officers, agents and employees from any and all costs and expenses, !
9 damages, liabilities, claims and losses occurring or resulting to COUNTY in connection with the
10 performance, or failure to perform, by CONTRACTOR, its officers, agents or employees under this
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11 Agreement, and from any and all costs and expenses, damages, liabilities, claims and losses occurring
12 or resulting to any person, firm or corporation who may be injured or damaged by the performance, or
13 failure to perform, of CONTRACTOR, its officers, agents or employees under this Agreement.
14 10. INSURANCE
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15 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR
16 or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
17 following insurance policies throughout the term of this Agreement:
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18 A. Commercial General Liability
19 Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million
20 Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
21
COUNTY may require specific coverage including completed operations,
product liability, contractual liability, Explosion, Collapse, and Underground
22 (XCU), fire legal liability or any other liability insurance deemed necessary
23 because of the nature of this Agreement.
24
B. Automobile Liability
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25 Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000)per person, Five
26 Hundred Thousand Dollars ($500,000)per accident and for property damages of
not less than Fifty Thousand Dollars ($50,000), or such coverage with a
27 combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
28 should include owned and non-owned vehicles used in connection with this
Agreement. I
_ 5 _ COUNTY OF FRESNO
Fresno,CA
1 C. Professional Liability
2 If CONTRACTOR employs licensed professional staff(e.g. Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with
3 limits of not less than One Million Dollars ($1,000,000)per claim, Three Million
4 Dollars ($3,000,000) annual aggregate. The policy of professional liability shall
remain in full force and effect for a period of three years following the
5 termination of this agreement
6 D. Worker's Compensation
7 A policy of Worker's Compensation Insurance as may be required by the
8 California Labor Code.
9 CONTRACTOR shall obtain endorsements to the Commercial General Liability
10 insurance naming the County of Fresno, its officers, agents, and employees, individually and
11 collectively, as additional insured,but only insofar as the operations under this Agreement are
12 concerned. Such coverage for additional insured shall apply as primary insurance and any other
13 insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees shall be
14 excess only and not contributing with insurance provided under the CONTRACTOR's policies herein.
15 This insurance shall not be cancelled or changed without a minimum of thirty(30) days advance
16 written notice given to COUNTY.
17 Within thirty(30) days from the date CONTRACTOR signs this Agreement,
18 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of
19 the foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O.
20 Box 11867, Fresno, California, 93775, Attention: Contracts Section—6th Floor, stating that such
21 insurance coverage's have been obtained and are in full force; that the County of Fresno, its officers,
22 agents and employees will not be responsible for any premiums on the policies; that such Commercial
23 General Liability insurance names the County of Fresno, its officers, agents and employees,
24 individually and collectively, as additional insured, but only insofar as the operations under this
25 Agreement are concerned; that such coverage for additional insured shall apply as primary insurance
26 and any other insurance, or self-insurance,maintained by the COUNTY, its officers, agents and
27 employees, shall be excess only and not contributing with insurance provided under the
28 CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a
_ 6 _ COUNTY OF FRESNO
Fresno,CA
1 minimum of thirty(30) days advance, written notice given to COUNTY.
2 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
3 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate
4 this Agreement upon the occurrence of such event.
5 All policies shall be with admitted insurers licensed to do business in the State of
6 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
7 of A FSC VII or better.
8 11. CONFIDENTIALITY
9 All services performed by CONTRACTOR under this Agreement shall be in strict
10 conformance with all applicable Federal, State of California and/or local laws and regulations relating
11 to confidentiality. CONTRACTOR shall keep all information learned about the COUNTY's potential
12 hazards confidential. CONTRACTOR shall not make available data gathered for the LHMP under
13 any circumstance without the written consent of COUNTY'S OES.
14 12. NON-DISCRIMINATION
15 During the performance of this Agreement, CONTRACTOR shall not unlawfully
16 discriminate against any employee or applicant for employment, or recipient of services, because of
17 race, religion, color, national origin, ancestry,physical disability, medical condition, sexual
18 orientation, marital status, age or gender, pursuant to all applicable State of California and Federal
19 statutes and regulations.
20 13. RECORDS
21 CONTRACTOR shall maintain financial and programmatic records pertaining to the
22 services provided in this Agreement. Records must be maintained for a minimum of three(3) years
23 upon termination or completion of this Agreement. COUNTY shall retain ownership for such records
24 at the expiration or termination of this Agreement.
25 14. REPORTS {
26 CONTRACTOR shall complete bi-weekly reports utilizing the "Bi-Weekly Report" F
27 format identified in Exhibit D, attached hereto and incorporated herein by reference. The reports shall
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28 include CONTRACTOR's progress to date on the project, obstacles and/or barriers encountered and
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1 proposed solutions, and budget status. CONTRACTOR shall submit the reports to County of Fresno,
2 Department of Public Health, P.O. Box 11867, Fresno, CA 93775, Attn: Ken Austin, OES Manager,
3 Environmental Health Division.
4 15. FORCE MAJEURE
5 A. If either Parry hereto is rendered unable, wholly or in part, by Force Majeure to carry
6 out its obligations under this Agreement, which that Parry shall give to the other Party hereto prompt
7 written notice of the Force Majeure with full particulars relating thereto. Thereupon, the obligation of
8 the Parry giving the notice, so far as they are affected by the Force Majeure, shall be suspended
9 during, but no longer than, the continuance of the Force Majeure, except for a reasonable time
10 thereafter required to resume performance.
11 B. During any period in which either Party hereto is excused from performance by
12 reason of the occurrence of an event of Force Majeure, the Party so excused shall promptly, diligently,
13 and in good faith take all reasonable action required in order for it to be able to promptly commence or
14 resume performance of its obligations under this Agreement. Without limiting the generality of the
15 foregoing, the Party so excused from performance shall, during any such period of Force Majeure,
16 take all reasonable action necessary to terminate any temporary restraining order or preliminary or
17 permanent injunctions to enable it to so commence or resume performance of its obligations under this
18 Agreement.
19 C. The Parry whose performance is excused due to the occurrence of an event of Force
20 Majeure shall, during such period, keep the other Parry hereto notified of all such actions required in
21 order for it to be able to commence or resume performance of its obligations under this Agreement.
22 D. "Force Majeure" is defined as an Act of God, act of public enemy, war, and other
23 extraordinary causes not reasonably within the control of either of the Parties hereto.
24 16. AUDITS AND INSPECTIONS
25 CONTRACTOR shall at any time during business hours, and as often as the COUNTY
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26 may deem necessary, make available to the COUNTY for examination all of its records and data with
27 respect to the matters covered by this Agreement. CONTRACTOR shall,upon request by the
28 COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure
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1 CONTRACTOR's compliance with the terms of this Agreement.
2 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
3 CONTRACTOR shall be subject to the examination and audit of the State Auditor for a period of
4 three (3) years after final payment under contract(Government Code Section 8546.7).
5 17. NOTICES
6 The persons having authority to give and receive notices under this Agreement and their
7 addresses include the following:
8 COUNTY CONTRACTOR
9 Director, County of Fresno Jeff Brislawn, Sr Associate
Department of Public Health Hazard Mitigation&Emergency Mgmt.
10 P.O. Box 11867 AMEC Foster Wheeler, Inc.
11 Fresno, CA 93775 1942 Broadway, Suite 314
Boulder, CO 80302
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13
14 Any and all notices between the COUNTY and the CONTRACTOR provided for or
15 permitted under this Agreement or by law shall be in writing and shall be deemed duly served when
16 personally delivered to one of the parties, or in lieu of such personal service, when deposited in the
17 United States Mail, postage prepaid, addressed to such party.
18 18. GOVERNING LAW
19 The parties agree that for the purposes of venue,performance under this Agreement is to
20 be in Fresno County, California.
21 The rights and obligations of the parties and all interpretation and performance of this
22 Agreement shall be governed in all respects by the laws of the State of California.
23 19. SEVERABILITY
24 The provisions of this Agreement are severable. The invalidity or unenforceability of
25
any one provision in the Agreement shall not affect the other provisions.
26 20. EXECUTION OF AGREEMENT E
27 CONTRACTOR represents, covenants and assures to the County that CONTRACTOR
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has been advised by its attorneys concerning the contents of this Agreement and the CONTRACTOR
has made the determination pursuant to that advice that this Agreement is legal, valid and binding on
— 9 — COUNTY OF FRESNO
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1 such party in accordance with the terms hereof.
2 CONTRACTOR further represents, covenants and assures to the County that the
3 CONTRACTOR has full legal rights and authority to enter into this Agreement, that the
4 CONTRACTOR's governing board took all the necessary steps and actions, in compliance with the
5 law, to enter into this Agreement.
6 CONTRACTOR further represents, covenants and assures to the County that the
7 person executing this Agreement on behalf of CONTRACTOR has been duly-authorized by the
8 governing board of CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to
9 fully bind CONTRACTOR to the terms and conditions of this Agreement.
10 21. DISCLOSURE OF SELF-DEALING TRANSACTIONS
11 This provision is only applicable if the CONTRACTOR is operating as a corporation(a for-
12 profit or non-profit corporation) or if during the term of this agreement, the CONTRACTOR changes its status to
13 operate as a corporation.
14 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
15 transactions that they are a party to while CONTRACTOR is providing goods or performing services under this
16 agreement.A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in
17 which one or more of its directors has a material financial interest. Members of the Board of Directors shall
18 disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing
19 Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by reference, and submitting
20 it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
21 22. ENTIRE AGREEMENT
22 This Agreement, including all Exhibits, constitutes the entire agreement between the
23 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous z
24 agreement negotiations, proposals, commitments, writings, advertisements,publications, and
25 understandings of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
2 hereinabove written.
3
4 CONTRACTOR: COUNTY OF FRESNO
AMEC FOSTER WHEELER
5 E NT INFRASTRUCTURE, INC.
6 BY �.,,�.�--_--� By L
7 Dennis Papilion, Vic resident Chairman, Board of Supervisors
8 Regional Manager, Central West, E&I Americas
AMEC Foster Wheeler
9
10 Date: ± /2417 Date: IV a-O`t
11
12
By
13 BERNICE E. SEIDEL, Clerk
14 Board of Supervisors
Date:
15 '
By
16
17 Date: 10 t
18
19
20 PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
21
22 Mailing Address:
23 1942 Broadway, Suite 314
Boulder, CO 80302
24 Phone#: 303-820-4654
25 Contact: Jeff Brislawn,Hazard Mitigation Lead/Sr Associate
26
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COUNTY OF FRESNO
Fresno,CA
Exhibit A
AMEC FOSTER WHEELER SCOPE OF WORK
PHASE
1. Expectations. Prereauisites and Planning
The CONTRATOR shall work closely with the County's Office of Emergency Services staff(OES),
as the coordinator for the updated Local Hazard Mitigation Plan (LHMP), a Local Steering
Committee, other governmental agencies and members of the community to develop the LHMP for
the Fresno County Operational Area. The updated LHMP will comply with Federal Emergency
Management Agency (FEMA) and California Office of Emergency Services standards; and the
completed Plan shall result in a FEMA, State, and Local government approved LHMP. The final
plan will need to be included in the safety element of the County General Plan and result in the
County's eligibility for AB 2140. The Plan shall be created in a template manner so that it may be
easily adapted to changing emergency situations, resources and cooperative agreements that may
occur in the future.
The CONTRATOR shall act as the project manager, primary investigator and primary author of the
LHMP and will be required to report to OES and the LHMP Steering Committee as necessary
throughout the term of the contract. A Steering Committee consisting of core representatives from
the county, cities, special districts and the contractor will be formed by County OES. The Steering
Committee will meet at least once a month to review progress and address plan development
needs. The Contractor shall provide technical and administrative services including, but not limited
to coordinating monthly Steering Committee meetings, communications, presentations,
documentation of the planning process and bi-weekly status reports on budget and work progress.
The Contractor shall incorporate the Standardized Emergency Management System, as required
by California law, for any multi-agency or multi jurisdictional emergency response. The Federal
Government requires, by law, the use of the National Incident Management System, which
provides a consistent nationwide approach for federal, state, local and tribal governments to work
together more effectively and efficiently. The plan shall provide a well-organized system so that
the local government can coordinate resources effectively and work in collaboration with both the
State and Federal Government.
The Contractor will be expected to coordinate and complete the following minimum tasks in the
development of the LHMP and in accordance with the timelines delineated in the attached
Schedule of Work (Exhibit "B"). (NOTE: These tasks are not intended to be all inclusive.)
Responders having alternate proposals to meet the objective, may, after responding to the
minimum tasks hereunder, offer alternatives (identifying advantages, disadvantages and
associated costs or reduced timelines)for consideration by the County.
Multi-Agency Coordination
CONTRACTOR shall schedule three (3) educational meetings to inform interested stakeholders
such as jurisdictions, the business community, special interest groups and the public about the
LHMP project. CONTRACTOR shall provide an overview of the Stafford Disaster Assistance and
Emergency Relief Act as amended by the Disaster Mitigation Act of 2000 and the LHMP {
development process.
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Jurisdictions that do not have an annex within Fresno County will be encouraged to create an
annex to the LHMP (hereinafter"Annex-to-Plan"). The Consultant shall provide written guidelines
for parties interested in appending to the LHMP. The primary task of the CONTRACTOR is the
completion of the COUNTY's LHMP, but CONTRACTOR may assist individual jurisdictions with
Page 1 of 4
Exhibit A
their"Annex-to-Plan" contingent upon time and availability of funds and upon approval by the
COUNTY and the Steering Committee.
Public Involvement
CONTRACTOR shall coordinate and solicit public involvement in an effort to capture community
input and educate the public. CONTRACTOR shall post key information, meeting dates, LHMP
progress and a draft copy of the LHMP on an accessible CONTRACTOR-sponsored website
during the development process. CONTRACTOR shall facilitate a minimum of three (3) public
meetings.
Local Capabilities Assessment
CONTRACTOR shall identify local administrative, technical, financial and human resources
available to reduce the risk of identified hazards. A draft capabilities assessment will be prepared
by the Consultant for review and approval by the Steering Committee as part of the LHMP planning
process. CONTRACTOR shall recommend a system for identifying resources within the
Operational Area for immediate use in the event of a disaster.
PHASE II
2. Identify Hazards to the County
CONTRACTOR, in conjunction with the Steering Committee, shall identify natural or man-made
hazards that may affect or have historically affected COUNTY. CONTRACTOR shall use findings
to identify and map areas at risk of potential hazardous events, including level of impact.
CONTRACTOR shall review the COUNTY's eligibility for and participation in the Flood Insurance
Program's Community Rating System (CRS). CONTRACTOR shall assure the LHMP planning
process meets CRS standards and planning requirements.
Analyze Development Trends
CONTRACTOR shall perform an evaluation of land use patterns in the COUNTY. The study is to
include current and historical land use practices and the impact development trends have had in
the COUNTY due to change in density, frequency and exposure of the public and/or property to a
disaster.
Identify Assets
CONTRACTOR shall inventory and map critical facilities, infrastructure elements and relevant
assets. CONTRACTOR shall create maps using a Geographic Information System (GIS) mapping
database (ESRI, ArcGIS 9) and Global Positioning System (GPS) location data. COUNTY has a
GIS base map and data layers that can be made available to CONTRACTOR. The inventory will
be overlaid onto areas of potential hazards to identify vulnerability of assets.
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Estimate Potential Losses
CONTRACTOR shall identify the types and count of structures at risk including, but not limited to,
homes, businesses, critical facilities, and infrastructure. CONTRACTOR shall estimate potential
damages using tools such as the FEMA guidelines, "Understanding Your Risks: Identifying
Hazards and Estimating Losses", along with the HAZUS-MH software and/or data from the
Page 2 of 4
Exhibit A
Marshall and Swift Evaluation Service. Other losses based on historical data, community needs
and population will be added as appropriate to the loss estimate. Estimated and potential losses
for COUNTY will be provided as a whole and per hazard.
3. Prioritize Hazards
CONTRACTOR shall utilize data collected to prioritize the hazards associated with COUNTY.
Hazards will be prioritized based on historical data, potential damage to critical infrastructure,
potential loss estimates, occurrence data, probability of location, funding and mitigation abilities.
The Steering Committee will be responsible for reviewing and approving the prioritized list of
hazards.
PHASE III
4. Develop Hazard Mitigation Goals
Using the data collected as a guide, the Steering Committee will determine goals and a long-term
vision to mitigate the risk to people and property within COUNTY and enhance mitigation
capabilities.
5. Develop, Evaluate and Prioritize Feasible Hazard Mitigation Measures
CONTRACTOR shall identify and evaluate the mitigation measures that best achieve the mitigation
goals that have been developed and prepare a report for the Steering Committee to review. These
measures may include changes to land use planning, structural measures, disaster planning,
retrofitting of existing facilities or public awareness. The cost to implement the measures, their
social acceptance, environmental impact, technical feasibility, economic impact and the legality of
the mitigation must be evaluated as part of the process. The Steering Committee will review
potential mitigation measures, modify them as needed, and prepare a final approved list.
6. Implementation of Mitigation Measures
CONTRACTOR shall identify the programs, policies and resources necessary to successfully and
effectively implement mitigation measures that may include COUNTY ordinance amendments,
community education, projects to mitigate known physical hazards and a greater need for planning
to prepare for hazards. Potential funding sources for projects would be identified as part of the
strategy. The Steering Committee will review and approve the identified implementation measures,
make suggestions, and prepare a final list.
Individual Jurisdictional Mitigation Measures
CONTRACTOR shall assist with the "Annex-to-Plans"while funds are available and as time allows;
however,jurisdictions interested in annexing to the LHMP are ultimately responsible for their
respective "Annex-to-Plan".
COUNTY shall pre-approve work performed on the "Annex-to-Plan" assignments prior to
commencement of any such work by CONTRACTOR.
Page 3 of 4
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Exhibit A
7. Draft LHMP
CONTRACTOR shall provide an Administrative Preliminary Draft LHMP for review by the Steering
Committee and once approved by the Steering Committee, shall present it in a public meeting and
make it available to the stakeholders and public for review. CONTRACTOR shall address valid
input from the stakeholders and public and include recommendations in the LHMP. COUNTY shall
present the Preliminary Draft LHMP to COUNTY's Board of Supervisors and local jurisdictions for
review and request for approval. CONTRACTOR will then create a Public Input Draft LHMP to be
submitted to the State OES and FEMA for their review.
8. Final LHMP
Upon receipt of final comments from the State OES and FEMA, CONTRACTOR shall develop and
deliver a Final LHMP and Adoption Resolution for formal adoption. CONTRACTOR shall provide
technical support as needed which may include the development of graphics and/or PowerPoint
presentations. CONTRACTOR shall also have a representative present at the COUNTY's Board
of Supervisor's meeting during the adoption of the Final LHMP.
CONTRACTOR shall provide all the necessary copies for submittal to the State OES and FEMA
and shall provide fifty(50) hard copies and two (2) compact disc copies of the Final LHMP to
COUNTY.
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Page 4 of 4
Exhibit B
Schedule of Work
Estlnnated,,�� Planriir g Educationa14 LHMP',,,, Monthly
Darsa#er Activitjt Pcblc'Meetlnsteering Meiat ngs
�c� tract ' Conr�mlttee
Ezeeution Meetln
41 Multi-Jurisdictional Educational Meetings
41 LHMP Steering Committee#1; & 15 Set
of Public Meetings (General Education)
41 Capability Assessment Started
60 Hazard Identification Update
70 Identify Assets
75 Analyze Development Trends
90 Vulnerability Assessment/Estimate
Losses
LHMP Steering Committee#2:
100 2"d Set of Public Meetings
(Risk Assessment Review);
Receive & Review Comments
115 DRAFT HIRA and capability assessment
to Steering Committee
100 Update Goals-initial
120 Finalize Goals & Review Alternate
Measures; Select&Prioritize
138 Refine mitigation actions and
Implementation measures
165 Provide & Review Administrative
Preliminary Draft#1
Revise& Provide Administrative
190 Preliminary Draft#2; &
Advertise Public Meetings
Conduct 3' Set of Public Meetings (Draft
Review); &
214 Review Comments with LHMP
Steering Committee
Revise &Submit Draft#3 to
230 (GOAL) CA-OES for Review
'Estimated .Planning d ,cat+anal �; �LHMP" Monthly
lays ter �►ct�ir�y ���Put�ll"c Meetings Steering",�= ���te+�tinga'
Submittal Comrnittee
to CA Ots! Meetin- s
Receive CA OES Comments; Coordinate i
45 with LHMP Steering Committee
65 Revise-& Re-Submit to CA-OES, if
necessary; CA-OES Forwards to FEMA
110 Receive FEMA comments; Coordinate
with LHMP Steering Committee
120 Revise & Re-Submit to FEMA,
if necessary
Adoptions Completed;
150 Scanned into Final Plan;
Submitted to CA-OES & FEMA
Exhibit B
It is understood that adherence to the schedule will be dependent on active and responsive
engagement from the participating jurisdictions. This also assumes that requests for information,
including reviews of the draft plan, are returned in a timely fashion so that the project stays on
track. This schedule also assumes no circumstances beyond AMEC Foster Wheeler's control,
such as interference by a natural hazard event or other circumstances that could limit
jurisdictional staff availability needed to complete the planning process. AMEC Foster Wheeler
has no control over the length of the state and FEMA reviews.
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EXHIBIT C
COST SCHEDULE
Contractor: AMEC FOSTER WHEELER
Personnel
Position (s) Total Cost
01
02
03 Total Personnel Labor Cost $ 111,610.00
04
05
06
Operations Cost
07 Telephone/Communications
08 Postage
09 Printing Reproduction $ 4,700.00
10 Advertising
11 Office Supplies
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Operations Total E
$ 4,700.00
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Travel Cost
12 Staff Mileage
13 Staff Travel (out of county)
14 Lodging/Meals
Travel Expenses Total $ 5,517.00
Other Expenses Cost
15
16
17 General Cost Administrative Markup $ 2,677.36 i
18 ;
19
Grand Total $ 124,504.36
In addition to the above compensation, the County will pay$120.00 an hour for services to
develop additional jurisdictional annexes,exceeding 12, if necessary, but in no event more
than $25,495.64
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Exhibit D
AMEC Bi-Weekly Report
Reporting Period: Expenditures:
Flo+af Obstacles and/6r:baff11ers and praposea-so
Actierity Activity
Corrt �eted`�,
Multi-Jurisdictional Educational Meetings
LHMP Steering Committee#1; & 15`Set of
Public Meetings (General Education)
Develop Hazard Identification Data
Develop Vulnerability Assessment Data
Capability Assessment
2" Set of Public Meetings
(Risk Assessment Review); &
Develop Plan Goals
&Strategy
Finalize Goals & Review Alternate Measures;
Select& Prioritize
Fully Develop Mitigation Actions
Provide& Review Administrative Preliminary
Draft#1
Revise & Provide Administrative Preliminary
Draft#2; &Advertise Public Meetings
Conduct 3'd Set of Public Meetings (Draft
Review); & Review Comments with LHMP
Steering Committee
Revise &Submit Draft#3 to
CA-OES for Review
Receive CA-OES Comments; Coordinate
with LHMP Steering Committee;
Revise & Re-Submit to CA-OES, if
necessary; CA-OES Forwards to FEMA
Receive FEMA comments;
Coordinate with LHMP Steering Committee;
Revise& Re-Submit to FEMA, if necessary
Adoptions Completed;
Scanned into Final Plan;
Submitted to CA-OES & FEMA
Exhibit E
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County.A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit E
(1)Company Board Member information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
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s
(5)Authorized Signature
Signature: Date:
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I APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG,COUNTY COUNSEL
2
3
4 By
5
6 APPROVED AS TO ACCOUN FORM:
OSCAR J. GARCIA, C.P.A.,AUDITOR-CONTROLLER/
7 TREASURER-TAX COLLECTOR
8
9
By
10
11 REVIEWED AND RECOMMENDED FOR APPROVAL:
12
13
14 By
David Pomaville,
15 Director
Department of Public Health
16
17
18
19
20
21 Fund/Subclass: 0001/10000
22 Organization: 56204605 i
Account#: 7295
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27 g
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— 12 — COUNTY OF FRESNO
Fresno,CA