Loading...
HomeMy WebLinkAboutAlthea Avenue Solar Z8403M - Rincon Consultants.pdf I THIRD PARTY ADMINISTRATOR AGREEMENT 2 Rincon Consultants, Inc. 3 This is Third Party Administrator Agreement (Agreement) is dated 4 ���%� (Entered Date) and is between Rincon Consultants, Inc. (Consultant), 5 and the County of Fresno (County), a political subdivision of the State of California. County and 6 Consultant may be referred to individually as a "Party," or collectively as "Parties," in this 7 Agreement. 8 RECITALS 9 A. On June 27, 2024, pursuant to County Resolution No. 13045, subject to the conditions 10 listed within, the County Planning Commission certified the Initial Study (IS) No. 8403 and 11 Mitigated Negative Declaration (MND) (State Clearinghouse No. 2024041216) for the Althea 12 Avenue Solar Project (Project) and the adopting of a Monitoring Plan for Unclassified 13 Conditional Use Permit (CUP) 3764, attached hereto as Exhibit A "Monitoring Plan", 14 incorporated herein by reference. 15 B. The Project proposes to construct and operate a single-axis tracker ground mounted 16 photovoltaic electrical generating facility that is to be constructed in two phases. The total 17 capacity of the Project will be 11 megawatt (MW) direct current or 8.8 MW alternating current 18 (AC). Phase I will be 5MWAC and Phase II will be 3.8 MWAC. Photovoltaic solar facility and 19 related facilities to be constructed and operated on a 39.8-acre parcel section from a 56.70- 20 acre parcel (APN: 004-120-02). 21 C. Consultant understands that a Condition of Approval for the Unclassified CUP No. 3764 22 requires that RPCA Solar 8, LLC(Applicant) enter into an agreement with County to implement 23 a Mitigation Monitoring and Reporting Plan and Condition Compliance Matrix (Monitoring Plan) 24 in accordance with Section 21081.6 of the California Public Resources Code and Section 15097 25 of Title 14, Chapter 3 of the California Code of Regulations. Applicant is not a party to this 26 agreement. 27 D. Consultant understands that they will be responsible for monitoring compliance on the 28 portion of for the Project described under Unclassified CUP No. 3764 as described in Exhibit A Third Party Administrator Agreement— Rincon Consultants, Inc. Page 1 of 17 1 and that this agreement shall cover monitoring the Project's mitigation measures and conditions 2 of approval as provided in the Monitoring Plan. 3 E_ Consultant understands that this agreement shall cover the Consultant's Letter 4 Agreement/Proposaf to provide environmental compliance consulting services as described in 5 Exhibit B "Work Program", attached and incorporated herein by reference. 6 F. Consultant understands that all expenses incidental to the performance of the 7 obligations in this Agreement will be the Consultants to bear. 8 F. Consultant represents that it is qualified, able, and willing to monitor the Project's 9 mitigation measures and conditions of approval as required and which the County specifically 10 relies upon. 11 AGREEMENT 12 In consideration of the covenants and conditions set forth herein, the Parties agree as follows: 13 1. TERM 1 14 A. Effective Date. This agreement shall become effective 20 2 15 B. Termination Date. This agreement shall terminate on I' ,20 'Z& 16 2. OBLIGATIONS OF CONSULTANT 17 A. Scope of Services. Consultant shall monitor Applicant's compliance with all 18 project mitigation measures and requirements as described and provided in 19 Exhibit A. 20 B. Representation. Consultant represents that it is qualified, ready, willing, and 21 able to perform all the services provided in this Agreement. 22 C. Reporting. Consultant shall provide County a written report of each monitoring 23 visit to document the site conditions on a quarterly basis. If issues are noted on 24 site, the report shall indicate the issue, the person(s) contacted, and corrective 25 action implemented. If a significant compliance arises, County shall be notified 26 immediately. 27 D. Satisfactory Completion. County will pay the Consultant in full compensation 28 for services performed under this Agreement as described in Exhibit B only after Third Party Administrator Agreement—Rincon Consultants, Inc. Page 2 of 17 I County determines the adequateness of performance per item(s) which the 2 Consultant seeks payment. If County informs Consultant of the necessity to act 3 on item(s), for County's determination of satisfactory completion, Consultant 4 shall undertake all work to complete the item(s) to the satisfaction of the County 5 at no additional charge to County. 6 E. Communications.All discussions between Applicant and Consultant regarding 7 the Project shall only occur with the County officials involvement. The relevant 8 County staff working on behalf of the project shall be included in all forms of 9 routine correspondence and telecommunications related to Contract 10 performance and all related issues. Such forms of communications are including 11 but not limited to written, telephone, email correspondence, and in-person 12 meetings. To ensure consistent records all emails and all written 13 correspondence must consistently include in the exact project name and number 14 "Althea Avenue Solar Project MMRP"within the subject line. 15 3. OBLIGATIONS OF COUNTY 16 A. Compensation. County shall pay to Consultant compensation as described and 17 provided in Exhibit B to this agreement. This will occur within 45 days of receipt 18 of a proper invoice, which County will review and determine whether Consultant 19 has adequately performed to the satisfaction of the County the item(s)for which 20 Consultant seeks payment and shall remit payment thereof to Consultant. 21 B. Availability of Information. County shall make available to Consultant 22 documents, studies, and other information, not otherwise confidential or 23 privileged, in its possession related to the Project. 24 4. COMPENSATION 25 A. Maximum Compensation. County agrees to pay, and Consultant agrees to 26 receive, compensation for the performance of its services under this Agreement 27 in an amount not to exceed Seventy-Eight Thousand Eight Hundred Forty-Two 28 Dollars and Zero Cents ($78,842.00) (Total Fee) and Consultant shall not be Third Party Administrator Agreement—Rincon Consultants, Inc. Page 3 of 17 1 entitled to compensation exceeding the Total Fee for the entire term of this 2 Agreement. Compensation is according to the hourly rate as described in Exhibit 3 B to this Agreement. 4 B. Invoices. Invoices for payment shall be submitted only after the work identified 5 has been completed to the satisfaction of County. Within 45 days of receipt of a 6 proper invoice, County shall then review for approval and, if approved, submit 7 the invoice to the County Auditor- Controller/Treasurer-Tax Collector for 8 payment, or reject the invoice and return the invoice to the Consultant identifying 9 the work that has not been accepted as completed. 10 C. Payment. Payment shall be issued to Consultant after the receipt thereof by 11 County Auditor-Controller/Treasurer Tax Collector within sixty (60) calendar 12 days after the receipt. 13 D. Incidental Expenses. Consultant is solely responsible for all of its costs and 14 expenses that are not specified as payable by the County under this Agreement, 15 whether anticipated or those that may materialize. 16 5. INDEMNITY AND INSURANCE 17 A. Duty to Indemnify. Consultant agrees to indemnify, save, hold harmless, and 18 at County's request, defend the County, its officers, agents, and employees from 19 any and all costs and expenses, damages, liabilities, claims, and losses 20 occurring or resulting to County in connection with the performance, or failure to 21 perform, by Consultant, its officers, agents, or employees under this Agreement, 22 and from any and all costs and expenses, damages, liabilities, claims, and losses 23 occurring or resulting to any person, firm, or corporation who may be injured or 24 damaged by the performance, or failure to perform, of Consultant, its officers, 25 agents, or employees under this Agreement. 26 B. Insurance Requirements. Consultant shall comply with all the insurance 27 requirements in Exhibit D to this Agreement, titled "Insurance Requirements." 28 Third Party Administrator Agreement—Rincon Consultants, Inc. Page 4 of 17 1 C. Survival. The terms of this Section 5 shall survive the termination of this 2 Agreement. 3 6. BREACH AND TERMINATION 4 A. Termination by County. This Agreement may be immediately terminated by 5 County upon written notice to Consultant if: 6 1. Consultant fails to comply with any or all the terms of this Agreement, 7 2. Consultant illegally or improperly uses funds, 8 3. Consultant provides a substantially incorrect or incomplete report to 9 the County, 10 4. Consultant inadequately performs services as determined by County, 11 or if: 12 5. Applicant requests that County discontinues processing the project or 13 discontinues operation of the project, 14 6. Applicant fails to timely remit reimbursement to County for an invoice 15 submitted by Consultant. 16 B. Termination by Consultant. Consultant may terminate this Agreement upon 17 thirty(30)days' prior written notice to the other party. If the Consultant terminates 18 the Agreement, Consultant shall reimburse the County up to a maximum of 19 Twenty Thousand Dollars and zero cents($20,000.00) for the actual expense of 20 issuing a Request For Proposal, engaging a new consultant and the new 21 consultant's cost in becoming familiar with the Project, its operations to date and 22 its compliance with the Mitigation Plan. 23 C. Effect of Termination. If this Agreement is terminated as provided in this 24 section, Consultant shall be compensated for satisfactorily performed services 25 completed to the date of termination based upon the compensation rates set 26 forth in Exhibit B, and subject to the total sum agreed to herein, together with 27 such additional services satisfactorily performed by Consultant after termination 28 Third Party Administrator Agreement—Rincon Consultants, Inc. Page 5 of 17 I which are authorized by County to complete the work performed to the date of 2 termination. 3 7. WORK PRODUCT 4 A. County Control of Work Product. Any and all reports, studies, data, or other 5 information, prepared or assembled by Consultant under this Agreement shall 6 not be provided to any person, association, corporation, or other organization 7 during the term of this Agreement without the prior written consent of County. 8 B. County Right to Disclose. County shall have the unlimited authority to forever 9 publish, disclose, distribute, and otherwise use throughout the world, in whole or 10 in part, and allow others to do so, any and all reports, studies, data, or other 11 information prepared by Consultant pursuant to this Agreement. 12 C. ownership of Work Product. All documents prepared or obtained by 13 Consultant shall become the exclusive property of County. Upon termination of 14 this Agreement and prior to any compensation received from County for unpaid 15 services, Consultant shall surrender to County all work products created 16 pursuant to this Agreement without any reservation of rights therein. Consultant 17 may retain such documents only for so long as County authorizes such work 18 product to be retained to allow the completion of work as provided in Subsection 19 5.13 of this Agreement. Consultant may retain copies of any documents prepared 20 or obtained by Consultant and designated as public records under the California 21 Public Records Act (California Government Code, Title 1, Division 7, Chapter 22 3.5, beginning with section 6250), and such documents may be used by 23 Consultant in any manner after this Agreement has been terminated. 24 D. Format of Documents. The Consultant shall provide reference material in the 25 quantities and format(s) as specified in Exhibit B of this Agreement. County will 26 require that Consultant provide documents in both Microsoft Word, Office 2016 27 (or newer) and Portable Document Format(.pdf)file formats. 28 8. INDEPENDENT CONTRACTOR Third Party Administrator Agreement—Rincon Consultants, Inc. Page 6 of 17 I In performance of the work, duties, and obligations assumed by Consultant under this 2 Agreement, it is mutually understood and agreed that Consultant, including any and all of 3 Consultant's officers, agents, employees, and sub-consultants/contractors, will at all times be 4 acting and performing as an independent contractor, and shall act in an independent capacity 5 and not as an officer, agent, servant, employee,joint venture, partner, or associate of County. 6 Furthermore, County shall have no right to control or supervise or direct the manner or method 7 by which Consultant shall perform its works and function. However, County shall retain the right 8 to administer this Agreement so as to verify that Consultant is performing its obligations in 9 accordance with the terms and conditions thereof. Consultant and County shall comply with all 10 applicable provisions of law and the rules and regulations, if any, of Governmental authorities 11 having jurisdiction over matters the subject thereof. Because of its status as an independent 12 contractor, Consultant shall have absolutely no right to employment rights or benefits available 13 to County employees. Consultant shall be solely liable and responsible for providing to, or on 14 behalf of its employees, all legally-required employees benefits. In addition, Consultant shall be 15 solely responsible and save County harmless from all matters relating to payment of 16 Consultant's employees, including compliance with Social Security withholding, and all other 17 regulations governing such matters. It is acknowledged that during the term of this Agreement, 18 Consultant may be providing services to others unrelated to County or to this Agreement. 19 9. AUDITS AND INSPECTIONS 20 A. Inspection of Documents. Consultant shall make available to County, and 21 County may examine at any time during business hours and as often as County 22 deems necessary, all of Consultant's records and data with respect to the 23 matters covered by this Agreement, excluding attorney-client privileged 24 communications. Consultant shall, upon request by County, permit County to 25 audit and inspect all such records and data to ensure Consultant's compliance 26 with the terms of this Agreement. 27 B. State Audit Requirements. If the compensation to be paid by County under this 28 Agreement exceeds $10,000, Consultant is subject to the examination and audit Third Party Administrator Agreement—Rincon Consultants, Inc. Page 7 of 17 I of the California State Auditor, as provided in Government Code section 8546.7, 2 for a period of three years after final payment under this Agreement. This 3 subsection 9.13 survives the termination of this Agreement. 4 C. Public Records. Under this Agreement, Consultant is not permitted to discuss, 5 disclose or release to the public or any third party this Agreement or any 6 information, record or data related to the Project unless specifically authorized 7 by County. County is not limited in any manner with respect to its public 8 disclosure of this Agreement or any record or data that Consultant may provide 9 to the County. County's public disclosure of this Agreement or any record or data 10 that Consultant may provide to County may include but is not limited to the 11 following: 12 (1) County may voluntarily, or upon request by any member of the public or 13 governmental agency, disclose this Agreement to the public or such 14 governmental agency. 15 (2) County may voluntarily, or upon request by any member of the public or 16 governmental agency, disclose to the public or such governmental 17 agency any record or data that Consultant may provide to County, unless 18 such disclosure is prohibited by court order. 19 (3) This Agreement, and any record or data that Consultant may provide to 20 County, is subject to public disclosure under the Ralph M. Brown Act 21 (California Government Code, Title 5, Division 2, Part 1, Chapter 9, 22 beginning with section 54950). 23 (4) This Agreement, and any record or data that Consultant may provide to 24 County, is subject to public disclosure as a public record under the 25 California Public Records Act (California Government Code, Title 1, 26 Division 7, Chapter 3.5, beginning with section 6250) ("CPRA"). 27 (5) This Agreement, and any record or data that Contractor may provide to 28 County, is subject to public disclosure as information concerning the Third Party Administrator Agreement—Rincon Consultants, Inc. Page 8 of 17 1 conduct of the people's business of the State of California under 2 California Constitution, Article 1, section 3, subdivision (b). 3 (6) Any marking of confidentiality or restricted access upon or otherwise 4 made with respect to any record or data that Consultant may provide to 5 County shall be disregarded and have no effect on County's right or duty 6 to disclose to the public or governmental agency any such record or data. 7 D. Public Records Act Requests. If County receives a written or oral request 8 under the CPRA to publicly disclose any record that is in Consultant's possession 9 or control, and which County has a right, under any provision of this Agreement 10 or applicable law, to possess or control, then County may demand, in writing, 11 that Consultant deliver to County, for purposes of public disclosure, the 12 requested records that may be in the possession or control of Consultant. Within 13 five business days after County's demand, Consultant shall (a) deliver to the 14 County all of the requested records that are in Consultant's possession or 15 control, together with a written statement that Consultant, after conducting a 16 diligent search, has produced all requested records that are in Consultant's 17 possession or control, or (b) provide to County a written statement that 18 Consultant, after conducting a diligent search, does not possess or control any 19 of the requested records. Consultant shall cooperate with County with respect to 20 any County demand for such records. If Consultant wishes to assert that any 21 specific record or data is exempt from disclosure under the CPRA or other 22 applicable law, it must deliver the record or data to County and assert the 23 exemption by citation to specific legal authority within the written statement that 24 it provides to County under this section. Consultant's assertion of any exemption 25 from disclosure is not binding on County, but County will give at least 10 days' 26 advance written notice to the Contractor before disclosing any record subject to 27 Consultant's assertion of exemption from disclosure. Consultant shall indemnify 28 the County for any court-ordered award of costs or attorney's fees under the Third Party Administrator Agreement—Rincon Consultants, Inc. Page 9 of 17 I CPRA that results from Consultant's delay,claim of exemption,failure to produce 2 any such records, or failure to cooperate with County with respect to any County 3 demand for any such records. 4 10. MAINTAIN AND PROVIDE ADMINISTRATIVE RECORD 5 If requested by the County, Consultant shall upon request prepare and assemble the 6 Administrative Record(defined in this Section 10 below)and furnish it to County after the Notice 7 of Determination, including the findings and any Statement of Overriding Consideration, are 8 filed with the County Clerk. The "Administrative Record" is defined as the entirety of the 9 information relied upon to prepare the EIR, including without limitation all records identified in 10 California Public Resources Code section 21167.6, subdivision (e). The Administrative Record 11 is inclusive of all information and analyses either generated or obtained from other sources or 12 used to support documentation and analyses. A complete Administrative Record is the entirety 13 of the information relied upon within Consultant's possession plus all information in other 14 locations listed in the references. Information listed in the references at other locations does not 15 have to be included in the Administrative Record, provided the references contain sufficient 16 information for a reasonable member of the public to identify, seek out, and obtain the listed 17 information. Consultant shall organize the information comprising the Administrative Record as 18 an accessible electronic file, indexed by topic to the extent possible, and submit this record to 19 County. The electronically stored information comprising the Administrative Record shall be 20 delivered to the County in in the format in which it is ordinarily maintained. 21 11. CONTRACT ADMINISTRATION 22 Consultant shall notify its appropriate employees of the individual County designates as 23 County Contract Administrator for this MND. All routine correspondence and 24 telecommunications related to Contract performance and related issues should be addressed 25 as follows: 26 David Randall, Senior Planner Department of Public Works and Planning 27 Development Services and Capital Project Division 2220 Tulare Street, 6th floor 28 Fresno, CA 93721 Phone: (559) 600-4332 Third Party Administrator Agreement—Rincon Consultants, Inc. Page 10 of 17 I e-mail: drandall(a.fresnocountyca clov 2 All other notices to County shall be delivered in accordance with Section 12, below. 3 12. NOTICES 4 A. Addresses for Delivery. Except as otherwise provided in this Agreement, the 5 persons and their addresses having authority to give and receive notices under 6 this Agreement include the following: 7 County: Director of Public Works and Planning 8 Department of Public Works and Planning 2220 Tulare Street, Eighth Floor 9 Fresno, CA 93721 10 Attn: Division Manager/Development Services Consultant: 11 Rincon Consultants, Inc. 4825 J Street, 12 Suite 200 13 Sacramento, California 95819 14 B. Change of Contact Information. Either Party may change the contact 15 information provided in this Agreement by giving notice as provided in this section. 16 17 C. Method of Delivery. Each notice between the County and the Consultant 18 provided for or permitted under this Agreement must be in writing, state that it is 19 a notice provided under this Agreement, and be delivered either by personal 20 service, by first-class United States mail, by an overnight commercial courier service. 21 22 (1) A notice delivered by personal service is effective upon service to the 23 recipient. 24 (2) A notice delivered by first-class United States mail is effective three 25 County business days after deposit in the United States mail, postage 26 prepaid, addressed to the recipient. 27 (3) A notice delivered by an overnight commercial courier service is effective 28 one County business day after deposit with the overnight commercial Third Party Administrator Agreement—Rincon Consultants, Inc. Page 11 of 17 I courier service, delivery fees prepaid, with delivery instructions given for 2 next day delivery, addressed to the recipient. 3 D. Claims Presentation. For all claims arising out of or related to this Agreement, 4 nothing in this Section 12 establishes, waives, or modifies any claims 5 presentation requirements or procedures provided by law, including but not 6 limited to the Government Claims Act(Division 3.6 of Title 1 of the Government 7 Code, beginning with section 810). 8 13. DISCLOSURE OF SELF-DEALING TRANSACTIONS 9 A. Applicability. This applies if the Consultant is operating as a corporation or 10 changes its status to operate as a corporation. 11 B. Duty to Disclose. If any member of the Consultant's board of directors is party 12 to a self-dealing transaction, he or she shall disclose the transaction by 13 completing and signing a "Self-Dealing Transaction Disclosure Form"(Exhibit C 14 to this Agreement) and submitting it to the County before commencing the 15 transaction or immediately after. 16 C. Definition. "Self-dealing transaction" means a transaction to which the 17 Consultant is a party and in which one or more of its directors, as an individual, 18 has a material financial interest. 19 14. GENERAL TERMS 20 A. Effective Date;Term.This Agreement shall become effective upon the Effective 21 Date, and shall continue in effect until the obligations of the Parties under this 22 Agreement are complete, until the Termination Date or until this Agreement is 23 earlier terminated as provided in Section 6 "Breach and Termination." 24 B. Amendments or Modification.Any changes to this Agreement requested either 25 by County or Consultant may only be affected if mutually agreed upon in writing 26 by duly authorized representatives of the Parties hereto. Except as provided in 27 Section 6, "Breach and Termination,"this Agreement may not be modified, and 28 no waiver is effective, except by written agreement signed by both Parties. The Third Party Administrator Agreement—Rincon Consultants, Inc. Page 12 of 17 1 Consultant acknowledges that County employees have no authority to modify 2 this Agreement except as expressly provided in this Agreement. 3 C. Non-Assignment. Neither Party may assign its rights or delegate its obligations 4 under this Agreement without the prior written consent of the other Party. 5 D. Governing Law. The laws of the State of California govern all matters arising 6 from or related to this Agreement. 7 E. Jurisdiction and Venue. This Agreement is signed and performed in Fresno 8 County, California. Consultant consents to California jurisdiction for actions 9 arising from or related to this Agreement, and, subject to the Government Claims 10 Act, all such actions must be brought and maintained in Fresno County. 11 F. Construction. The final form of this Agreement is the result of the Parties' 12 combined efforts. If anything in this Agreement is found by a court of competent 13 jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing 14 the terms of this Agreement against either Party. 15 G. Headings; Construction; Statutory References. The headings and section 16 titles in this Agreement are for convenience only and are not part of this 17 Agreement. The final form of this Agreement is the result of the Parties' 18 combined efforts and negotiations between the Parties. If anything in this 19 Agreement is found by a court of competent jurisdiction to be ambiguous, that 20 ambiguity shall not be resolved by construing the terms of this Agreement 21 against either Party. The language of this Agreement shall be construed as a 22 whole according to its fair meaning and not strictly for or against any Party. Any 23 rule of construction to the effect that ambiguities are to be resolved against the 24 drafting Party shall not apply in interpreting this Agreement. All references in this 25 Agreement to statutes, regulations, ordinances or resolutions of the United 26 States, the State of California, or County of Fresno shall be deemed to include 27 the same statute, regulation, ordinance, or resolution as hereafter amended or 28 renumbered, or if repealed, to such other provisions as may thereafter govern Third Party Administrator Agreement—Rincon Consultants, Inc. Page 13 of 17 I the same subject. In the event of any inconsistency between the text of this 2 Agreement and the Exhibits attached to this Agreement, such ambiguity shall be 3 resolved in the following order of priority: (1)the text of this Agreement, excluding 4 the Exhibits, (2) Exhibit D (Insurance Requirements), (3) Exhibit C (Self-Dealing 5 Transactions),_(4) Exhibit B (Work Program), and(5) Exhibit A(Monitoring Plan). 6 H. Severability. If anything in this Agreement is found by a court of competent 7 jurisdiction to be unlawful or otherwise unenforceable, the balance of this 8 Agreement remains in effect, and the Parties shall make best efforts to replace 9 the unlawful or unenforceable part of this Agreement with lawful and enforceable 10 terms intended to accomplish the Parties' original intent. 11 I. Nondiscrimination. During the performance of this Agreement, the Consultant 12 shall not unlawfully discriminate against any employee or applicant for 13 employment, or recipient of services, because of race, religious creed, color, 14 national origin, ancestry, physical disability, mental disability, medical condition, 15 genetic information, marital status, sex, gender, gender identity, gender 16 expression, age, sexual orientation, military status or veteran status pursuant to 17 all applicable State of California and federal statutes and regulation. 18 J. No Waiver. Payment, waiver, or discharge by County of any liability or obligation 19 of the Consultant under this Agreement on any one or more occasions is not a 20 waiver of performance of any continuing or other obligation of Consultant and 21 does not prohibit enforcement by the County of any obligation on any other 22 occasion. 23 K. Entire Agreement. This Agreement constitutes the entire Agreement between 24 Consultant and County with respect to the subject matter hereof and supersedes 25 all previous negotiations, proposals, commitments, writing, advertisements, 26 publications, 27 and understandings of any nature whatsoever, including without limitation the 28 Previous Consultant Agreement, unless expressly included in this Agreement. Third Party Administrator Agreement—Rincon Consultants, Inc. Page 14 of 17 I L. No Third Party Beneficiaries. This Agreement does not and is not intended to 2 create any rights or obligations for any person or entity, including without 3 limitation the Applicant, except for the Parties. 4 M. Binding Upon Successors. This Agreement shall be binding upon and inure to 5 the benefit of the Parties and their respective successors in interest, assigns, 6 legal representatives, and heirs. 7 N. Authorized Signatures. The Consultant represents and warrants to County 8 that: 9 (1) Consultant is duly authorized and empowered to sign and perform its 10 obligations under this Agreement. 11 (2) The individual signing this Agreement on behalf of Consultant is duly 12 authorized to do so and his or her signature on this Agreement legally 13 binds Consultant to the terms of this Agreement. 14 O. Electronic Signatures.The Parties agree that this Agreement may be executed 15 by electronic signature as provided in this section. 16 (1) An "electronic signature" means any symbol or process intended by an 17 individual signing this Agreement to represent their signature, including 18 but not limited to (a) a digital signature; (b) a faxed version of an original 19 handwritten signature; or (c) an electronically scanned and transmitted 20 (for example by PDF document) version of an original handwritten 21 signature. 22 (2) Each electronic signature affixed or attached to this Agreement (a) is 23 deemed equivalent to a valid original handwritten signature of the person 24 signing this Agreement for all purposes, including but not limited to 25 evidentiary proof in any administrative or judicial proceeding, and(b) has 26 the same force and effect as the valid original handwritten signature of 27 that person. 28 Third Party Administrator Agreement—Rincon Consultants, Inc. Page 15 of 17 1 (3) The provisions of this section satisfy the requirements of Civil Code 2 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act 3 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). 4 (4) Each Party using a digital signature represents that it has undertaken and 5 satisfied the requirements of Government Code section 16.5, subdivision 6 (a), paragraphs (1) through (5), and agrees that each other Party may 7 rely upon that representation. 8 (5) This Agreement is not conditioned upon the Parties conducting the 9 transactions under it by electronic means and either Party may sign this 10 Agreement with an original handwritten signature. 11 P. Counterparts. This Agreement may be signed in counterparts, each of which is 12 an original, and all of which together constitute this Agreement. 13 [Signature page follows.] 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Third Party Administrator Agreement—Rincon Consultants, Inc. Page 16 of 17 1 2 3 In witness whereof, the Parties are signing this Agreement as of the Effective Date. 4 5 CONSULTANT: COUNTY OF FRESNO: Rincon Consultants, Inc. 6 7080 North Whitney Avenue Suite 101 7 Fresno, CA 93720 8 9 / 10 BY: BY: 11 SUSAN DEWAR STEVEN E. WH,)/TE PE, PLS PRINCIPAL DIRECTOR 12 DEPARTMENT OF PUBLIC WORKS 13 AND PLANNING 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Third Party Administrator Agreement—Rincon Consultants, Inc. Page 17 of 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Third Party Administrator Agreement—Rincon Consultants, Inc. Page 18 of 17 Exhibit A 2 Monitoring Plan 3 4 (See Attached) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Third Party Administrator Agreement— Rincon Consultants, Inc. A-1 1 Exhibit B 2 Work Program 3 4 (See Attached) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Third Party Administrator Agreement— Rincon Consultants, Inc. B-1 1 Exhibit C 2 Self-Dealing Transaction Disclosure Form 3 In order to conduct business with the County of Fresno ("County"), members of a 4 Consultant's board of directors, must disclose any self-dealing transactions that they are a party 5 to while providing goods, performing services, or both for the County. A self-dealing transaction 6 is defined below: 7 "A self-dealing transaction means a transaction to which the corporation is a party and in 8 which one or more of its directors has a material financial interest." 9 The definition above will be used for purposes of completing this disclosure form. 10 Instructions 11 (1) Enter board member's name, job title (if applicable), and date this disclosure is being 12 made. 13 (2) Enter the board member's company/agency name and address. 14 (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the 15 County. At a minimum, include a description of the following: 16 a. The name of the agency/company with which the corporation has the transaction; 17 and 18 b. The nature of the material financial interest in the Corporation's transaction that 19 the board member has. 20 (4) Describe in detail why the self-dealing transaction is appropriate based on applicable 21 provisions of the Corporations Code. 22 The form must be signed by the board member that is involved in the self-dealing 23 transaction described in Sections (3) and (4). 24 25 26 27 28 Third Party Administrator Agreement— Rincon Consultants, Inc. C-1 1 (1) Company Board Member Information: 2 Name: Date: 3 4 Job Title: 5 (2) Company/Agency Name and Address: 6 7 8 9 10 11 (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party 12 to) 13 14 15 16 17 18 (4) Explain why this self-dealing transaction is consistent with the requirements of 19 Corporations Code§ 5233 (a) 20 21 22 23 24 25 26 (5)Authorized Signature 27 Signature: Date: 28 Third Party Administrator Agreement— Rincon Consultants, Inc. C-2 I Exhibit D 2 Insurance Requirements 3 1. Required Policies 4 Without limiting the County's right to obtain indemnification from the Consultant or any third- 5 parties, Consultant, at its sole expense, shall maintain in full force and effect the following 6 insurance policies throughout the term of this Agreement. 7 (A) Commercial General Liability. Commercial general liability insurance with limits of not 8 less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of 9 Four Million Dollars ($4,000,000). In addition, such Umbrella or Excess insurance 10 policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the 11 County, its officers, officials, employees, agents, and volunteers. This policy must be 12 issued on a per occurrence basis. Coverage must include products, completed operations, 13 property damage, bodily injury, personal injury, and advertising injury. The Consultant 14 shall obtain an endorsement to this policy naming the County of Fresno, its officers, 15 agents, employees, and volunteers, individually and collectively, as additional insureds, 16 but only insofar as the operations under this Agreement are concerned. Such coverage 17 for additional insureds will apply as primary insurance and any other insurance, or self- 18 insurance, maintained by the County is excess only and not contributing with insurance 19 provided under the Consultant's policy. 20 (B) Automobile Liability.Automobile liability insurance with limits of not less than One Million 21 Dollars($1,000,000) per occurrence for bodily injury and for property damages. Coverage 22 must include any owned and non-owned vehicles used in connection with this Agreement. 23 (C)Workers Compensation. Workers compensation insurance as required by the laws of 24 the State of California with statutory limits. 25 (D) Employer's Liability. Employer's liability insurance with limits of not less than One Million 26 Dollars ($1,000,000) per occurrence for bodily injury and for disease. 27 (E) Professional Liability. Professional liability insurance with limits of not less than One 28 Million Dollars ($1,000,000) per occurrence and aFn annual aggregate of Three Million Third Party Administrator Agreement—Rincon Consultants, Inc. D-1 1 Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be 2 prior to the date on which services began under this Agreement; (2) the Consultant shall 3 maintain the policy and provide to the County annual evidence of insurance for not less 4 than five years after completion of services under this Agreement; and (3) if the policy is 5 canceled or not renewed, and not replaced with another claims-made policy with a 6 retroactive date prior to the date on which services begin under this Agreement, then the 7 Consultant shall purchase extended reporting coverage on its claims-made policy for a 8 minimum of five years after completion of services under this Agreement. 9 2. Additional Requirements 10 (A)Verification of Coverage. Within 30 days after the Consultant signs this Agreement, and 11 at any time during the term of this Agreement as requested by the County's Risk Manager 12 or the County Administrative Office, the Consultant shall deliver, or cause its broker or 13 producer to deliver,to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, 14 California 93721, or HRRiskManagement@fresnocountyca.gov, and by mail or email to 15 the person identified to receive notices under this Agreement, certificates of insurance and 16 endorsements for all of the coverages required under this Agreement. 17 (i) Each insurance certificate must state that: (1) the insurance coverage has been 18 obtained and is in full force; (2) the County, its officers, agents, employees, and 19 volunteers are not responsible for any premiums on the policy; and (3) the 20 Consultant has waived its right to recover from the County, its officers, agents, 21 employees, and volunteers any amounts paid under any insurance policy required 22 by this Agreement and that waiver does not invalidate the insurance policy. 23 (ii) The commercial general liability insurance certificate must also state, and include 24 an endorsement, that the County of Fresno, its officers, agents, employees, and 25 volunteers, individually and collectively, are additional insureds insofar as the 26 operations under this Agreement are concerned. The commercial general liability 27 insurance certificate must also state that the coverage shall apply as primary 28 insurance and any other insurance, or self-insurance, maintained by the County Third Party Administrator Agreement— Rincon Consultants, Inc. D-2 I shall be excess only and not contributing with insurance provided under the 2 Consultant's policy. 3 (iii) The automobile liability insurance certificate must state that the policy covers any 4 auto used in connection with this Agreement. 5 (iv) The professional liability insurance certificate, if it is a claims-made policy, must 6 also state the retroactive date of the policy, which must be prior to the date on 7 which services began under this Agreement. 8 (B)Acceptability of Insurers. All insurance policies required under this Agreement must be 9 issued by admitted insurers licensed to do business in the State of California and always 10 possessing during the term of this Agreement an A.M. Best, Inc. rating of no less than A: 11 VII. 12 (C)Notice of Cancellation or Change. For each insurance policy required under this 13 Agreement, the Consultant shall provide to the County, or ensure that the policy requires 14 the insurer to provide to the County, written notice of any cancellation or change in the 15 policy as required in this paragraph. For cancellation of the policy for nonpayment of 16 premium, the Consultant shall, or shall cause the insurer to, provide written notice to the 17 County not less than 10 days in advance of cancellation. For cancellation of the policy for 18 any other reason, and for any other change to the policy, the Consultant shall, or shall 19 cause the insurer to, provide written notice to the County not less than 30 days in advance 20 of cancellation or change. The County in its sole discretion may determine that the failure 21 of the Consultant or its insurer to timely provide a written notice required by this paragraph 22 is a breach of this Agreement. Z3 (D)County's Entitlement to Greater Coverage. If the Consultant has or obtains insurance 24 with broader coverage, higher limits, or both, than what is required under this Agreement, 25 then the County requires and is entitled to the broader coverage, higher limits, or both.To 26 that end, the Consultant shall deliver, or cause its broker or producer to deliver, to the 27 County's Risk Manager certificates of insurance and endorsements for all the coverages 28 that have such broader coverage, higher limits, or both, as required under this Agreement. Third Party Administrator Agreement—Rincon Consultants, Inc. D-3 I (E)Waiver of Subrogation. The Consultant waives any right to recover from the County, its 2 officers, agents, employees, and volunteers any amounts paid under the policy of worker's 3 compensation insurance required by this Agreement. The Consultant is solely responsible 4 to obtain any policy endorsement that may be necessary to accomplish that waiver, but 5 the Consultant's waiver of subrogation under this paragraph is effective whether the 6 Consultant obtains such an endorsement. 7 (F) County's Remedy for Consultant's Failure to Maintain. If the Consultant fails to always 8 keep in effect any insurance coverage required under this Agreement, the County may, in 9 addition to any other remedies it may have, suspend, or terminate this Agreement upon 10 the occurrence of that failure, or purchase such insurance coverage, and charge the cost 11 of that coverage to the Consultant. The County may offset such charges against any 12 amounts owed by the County to the Consultant under this Agreement. 13 (G)Subconsultants. The Consultant shall require and verify that all subconsultants used by 14 the Consultant to provide services under this Agreement maintain insurance meeting all 15 insurance requirements provided in this Agreement. This paragraph does not authorize 16 the Consultant to provide services under this Agreement using subconsultants. 17 18 19 20 21 22 23 24 25 26 27 28 Third Party Administrator Agreement—Rincon Consultants, Inc. D-4 EXHIBIT A 4�rLEe v Rincon Consultants,Inc. 4825 J Street,Suite 200 Z Sacramento,California 95819 n 916-706-1374 YEARS RINCON CONSULTANTS,INC. SINCE 1994 January 15,2025 Rincon Project No.24-17104 Mr. David Randall,Senior Planner County of Fresno Department of Public Works and Planning Development Services and Capital Projects Division 2220 Tulare Street, 6th Floor Fresno,CA 93721 Subject., Proposal to Provide Third Party Environmental Compliance Support Services for the Althea Avenue Solar Development Project in Fresno County,California Dear Mr.Randall: Rincon Consultants, Inc. (Rincon) is pleased to submit this scope of work and cost estimate to the County of Fresno to provide environmental compliance third party support associated with the Althea Avenue Solar Project(Project) in Fresno County(County),to be located on approximately 39.81 acres of a 57-acre parcel(APN 004-120-020).This scope of work references the Mitigation and Monitoring Reporting Program (MMRP) for Unclassified Conditional Use Permit No. 3764 and Initial Study Application No.8403. Scope of Work Task 1 Cultural Resources/Tribal Cultural Resources Per Mitigation Measure(MM)2 of the MMRP and in the event of a cultural resources find during ground disturbing Project activities, Rincon will mobilize a qualified senior archaeologist to the Project site within 24 hours after being advised of the find.The specialist will determine if the find warrants further consideration under CEQA. Rincon assumes that each site visit will require up to ten (10) hours of labor to travel to the project site and assess the find,and provide a brief,digital,one-page description of the resource and preliminary recommendation for the treatment of the resource.The cost for each site visit will be billed at a rate of$3,000/visit.This rate is inclusive of a site visit by the archaeologist and the one-page memorandum that will be delivered by email within 24 hours of the end of the field visit.This rate does not include fieldwork associated with recordation,evaluation,meetings,or salvage of any resources.One site visit is included in this task.Should potential resources be encountered and additional visits become necessary,they will be billed at the$3,000/visit rate,with prior approval from the County. Assumptions • Any additional follow-up fieldwork is not included but can be performed upon modification of this scope for an additional fee. • Assistance with tribal consultation related to evaluation ortreatment of the find is not included but can be performed upon modification of this scope for an additional fee. www.rinccnconsultants.ccm i County of Fresno Althea Avenue Solar Project Task 2 Preconstruction Surveys To ensure compliance with MM 3,MM 6,and MM 7,Rincon will provide a qualified biologist to perform a preconstruction nesting bird survey(NBS)and to perform pedestrian surveys for suitable breeding or denning habitat of San Joaquin kit fox(SJKF). Nesting Birds If construction will commence during the nesting season (March 1 - August 31), a qualified Rincon biologist will perform a nesting bird survey within the Project area (plus a 250-foot buffer around the site for raptors) no sooner than one week prior to construction to identify any native nesting birds on or adjacent to the site that are protected by the federal Migratory Bird Treaty Act (MBTA) and/or California Fish and Game Code 3503.5. Rincon assumes any buffer areas not accessible will be observed using binoculars. Any active nests will be flagged by the qualified biologist and a suitable avoidance buffer will be determined by the qualified biologist based on the species detected and planned work activity. Active nests will be avoided during construction activities until the eggs have hatched and the chicks have fledged,or until the qualified biologist determines the nests are no longer active.This surrey will be conducted in a single pass by one biologist. San Joaquin Kit Fox No less than 14 and no more than 30 days prior to Project ground disturbance or any Project activity with potential to impact San Joaquin kit fox,a qualified Rincon biologist will conduct a preconstruction survey of the Project area and a 50-foot buffer to establish the presence or absence of San Joaquin kit foxes or their sign, and/or suitable dens/burrows and evaluate use by kit foxes.The biologist will survey belt transects within the Project area and a 50-foot radius from the perimeter of the proposed Project footprint (as accessible) to identify San Joaquin kit foxes and/or suitable dens. Adjacent parcels under different land ownership will not be surveyed.The status of all dens will be determined and mapped. Deliverables A memo will be prepared at the conclusion of the surveys that will describe the site location,time and dates of the surveys,weather observations,methods,and results of the surveys.The location(s)of any active nests or suitable San Joaquin kit fox dens will be recorded with a handheld GPS device by the qualified biologist and depicted on a field map for documentation. Assumptions • Any additional follow-up surveys or nest monitoring are not included but can be performed upon modification of this scope for an additional fee. • Our cost assumes that SJKF surveys will be negative, and that coordination with USFWS, remote camera monitoringand burrow collapse will not be required.If potential dens are discovered within the survey area, remote camera monitoring and burrow collapse can be performed upon modification of this scope for an additional fee that can be determined once the number/size/location of suitable dens is known. • For budget efficiency, we assume the NBS and SJKF surveys results will be presented in a single memo report. Task 3 Worker Environmental Awareness Training Per MM 8,Rincon will provide a qualified biologistto prepare and administer the Worker Environmental Awareness Training(WEAT) at initial project kickoff.The WEAT will include a discussion of the biology 2 EXHIBIT A PAGE 2 i County of Fresno Althea Avenue Solar Project and general behavior of any sensitive species that may be in the area,cultural resources that may be in the area, how they may be encountered within the work area, and procedures to follow if they are encountered.The status of special-status species, including legal protection, penalties for violations, and Project-specific protective measures will also be discussed. Interpretation shall be provided for non-English speaking workers, and the same instruction shall be provided for any new workers prior to on-site Project activity. Copies of the training will be maintained at the worksite with the Project supervisor, and a handout containing this information will be distributed for workers to carry on-site. Upon completion of the program, employees shall sign a sign in sheet stating they attended the program and understand all protective measures. Rincon will provide a video recording to be used by the client for all new construction workers at the Project site. Assumptions • No more than 20 hard copies will be provided. Additional hard copies can be provided under separate scope and cost in accordance with our Standard Fee Schedule.Rincon assumes that no more than one round of minor revisions will be needed for the deliverables included in this scope of work.If additional revisions are needed,they can be completed upon modification of this scope for an additional fee. Task 4 Third Party Compliance Inspections Rincon will provide compliance monitoring site visits once construction commences.The compliance monitor will confirm that MMRP measures MM 4 (trash management), MM 5 (avoidance of animal entrapment) and MM 8 (ongoing worker training) are being implemented as approved. Rincon assumes that one(1)compliance inspector will be required to conduct weekly compliance inspections during the first month of construction activity(4 inspections),and for monthly compliance inspections thereafter during the remaining 8-month construction period (8 inspections).To ensure compliance with MM 6 relevantto fence design,Rincon will conduct one final inspection(13 inspection days total). All third-party compliance inspections would be documented with daily logs that include a summary of the monitoring activities and a photo log. The monthly inspection would include a pre-inspection assessment of construction status and compliance monitoring activity and levels, roundtrip travel,site inspection including meetings with the on-site compliance manager, and post inspection data management and correspondence. Deliverables Compliance inspection logs(13 total) Assumptions • We have assumed weekly inspection during the first month of construction, when the contractor will be establishing compliance protocol and setting compliance expectations. Thereafter, inspections would be reduced to a monthly frequency based on the site conditions, schedule and expected level of compliance concerns; however, the frequency of inspections may be adjusted depending on the contractor's compliance success, or County expectations. As outlined below under Cost Estimate and Schedule, we will bill on a time and materials not to exceed basis,and therefore if fewer site visits are necessary,there would be a cost savings under this task.Likewise, if more than 13 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 in accordance with our Standard Fee Schedule. 3 EXHIBIT A PAGE 3 I County of Fresno Althea Avenue Solar Project • The construction work schedule is Monday through Friday, with no work or inspections occurring on weekends or holidays. • Third parry inspection time of up to 12 hours per inspection inclusive of pre-inspection coordination,travel,and post-inspection data management and non-compliance coordination. • Direct costs include our standard per day charge for use of a light duty vehicle (we assume that four-wheel drive vehicle is not needed for site access) of $90/day plus mileage at the current federal rate. Task 5 Compliance Reporting to County Rincon will provide compliance reporting to the County, assumed to be monthly letter reports with all attached inspection logs,plus any applicant submittals(e.g.,WEAT signature forms). For any violation of MMs observed during implementation of Task 4, immediate notification to 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. Rincon will then work with the County and the contractor to ensure that the non-compliance event has been fully addressed by the contractor's foreman and any necessary corrective actions have been taken. Under this task we have assumed up to three phone meetings between the Rincon Project Manager, County representative, and Owner will be required over the span of the Project to discuss Project details, schedule, and potential compliance issues. We have assumed these meetings would be conducted via telephone and would last no longer than one hour each. Deliverables • Compliance inspection logs (13 total) • Non-compliance memorandums (up to 4) Assumptions • No more than four non-compliance memos will be required. • All deliverables will be submitted electronically; no hard copies will be provided. Task 6 Project Management This task includes Project management,coordination,and general administration required to execute the work program.This task also includes providing monthly progress reports with regard to the work scope and the budget. Rincon's Project Manager will be available to address any and all compliance review-related needs and concerns.We will track any out-of-scope requests and work to complete any additional tasks through efficiency under the existing contract. If budget amendments become necessary based on out-of-scope requests,changes to Project description,or other reasons outside of Rincon's control, budget amendment requests would be submitted to address changes in the requested scope of work. Deliverables • Monthly budget status reports (10 total) 4 EXHIBIT A PAGE 4 I County of Fresno Althea Avenue Solar Project Assumptions • All deliverables will be submitted electronically; no hard copies will be provided. Cost The total estimated fee for this scope of work is$78,842. Table 1 Cost Summary Task Estimated Cost Task 1 Cultural resources/Tribal Cultural Resources $3,000 Task 2 Preconstruction surveys $13,960 Task 3 Worker Environmental Awareness Training $4,566 Task 4 Third Party Compliance Inspections $39,018 Task 5 Compliance Reporting to County $11,444 Task 6 Project Management $6,854 Total $78,842 Thank you for your consideration and for this opportunity to support your project. If you have any questions regarding this proposal, please contact Susan Dewar at 530-521-2385 or sdewar@rinconconsultants.com. Sincerely, Rincon Consultants,Inc. Susan Dewar Principal 5 EXHIBIT A PAGE 5 EXHIBIT B RINCON CONSULTANTS, INC. 24-17104 RPCA Althea Avenue Cost Estimate Rate Hours Labor Budget Direct Expenses Total Budget Task 1 Cultural Resources 11.00 2,814.00 186.00 3,000.00 Assessment of single find 11.00 2,814.00 186.00 3,000.00 Senior Archaeologist If 264.00 10.00 2,640.00 Professional 11 174.00 1.00 174.00 GPS 67.00 Travel-Mileage 119.00 Task 2 Preconstruction Surveys 46.00 13,266.00 694.00 13,960.00 Nesting Bird Survey 18.00 5,323.00 347.00 5,670.00 Principal 318.00 1.00 318.00 Senior Supervisor Biologist II 302.00 16.00 4,832.00 GIS/CADD Specialist If 173.00 1.00 173.00 GPS 67.00 Travel-Mileage 280.00 San Joaquin Kit Fox Survey 18.00 5,323,00 347.00 5,670.00 Principal 318.00 1.00 318.00 Senior Supervisor Biologist II 302.00 16.00 4,832.00 GIS/CADD Specialist II 173.00 1.00 173.00 GPS 67.00 Travel-Mileage 280.00 Report 7.00 2,130.00 0.00 2,130.00 Principal 318.00 1.00 318.00 Senior Supervisor Biologist II 302.00 6.00 1,812.00 Safety Plan 1.00 180.00 0.00 180.00 Biologist II 180.00 1.00 180,00 GIS Services 2.00 310.00 0.00 310.00 GIS/CADD Specialist 1 155.00 2.00 310.00 Task 3 WEAT 21.00 4,179.00 387.00 4,566.00 21.00 4,179.00 387.00 4,566.00 Principal 307.00 1.00 307.00 Supervisor Biologist 1 272.00 4.00 1,088.00 Biologist 11 174.00 16.00 2,784.00 Travel-Mileage 387 Task 4 Third Party Compliance 178.50 36,028.00 2,990.00 39,018.00 178.50 36,028.00 2,990.00 39,018.00 Principal 318.00 3.00 954.00 Senior Supervisor Biologist 11 302.00 6.50 1,963.00 Biologist III 203.00 156.00 31,668.00 Admin Assistant/Billing Specialist 111.00 13.00 1,443.00 Travel-Mileage 1,820,00 Vehicle Day Rate 1,170.00 Page 1 ' RINCON CONSULTANTS, INC. 24-17104 RPCA Althea Avenue Cost Estimate Task 5 Reporting to County 40.00 11,444.00 0.00 11,444.00 40.00 11,444.00 0.00 11,444.00 Principal 318.00 8.00 2,544.00 Senior Supervisor Biologist II 302.00 28.00 8,456.00 Admin Assistant/Billing Specialist 111.00 4.00 444.00 Task 6 Project Management 28.00 6,854.00 0.00 6,854.00 28.00 6,854.00 0.00 6,854.00 Principal 318.00 8.00 2,544.00 Senior Supervisor Biologist II 302.00 10.00 3,020.00 Project Accountant 129.00 10.00 1,290.00 Project Total 324.50 74,585.00 4,257.00 78,842.00 Direct Expenses Summary Amount GPS 201.00 Travel-Mileage 2.886.00 Vehicle Day Rate 1.170.00 Direct Expenses Subtotal 4,257.00 Page 2 EXHIBIT B PAGE 2