HomeMy WebLinkAboutEIR 8736 - Consultant Agreement.pdf 1 CONSULTANT AGREEMENT
2 Harris &Associates },'
3 This Consultant Agreement("Agreement') is dated ��i_I� 7,'202 ("Effective
4 Date")and is between Harris&Associates a California Corporation ("Consultant"), and the
5 County of Fresno, a political subdivision of the State of California("County"). Consultant has
6 been selected to prepare an Environmental Impact Report("EIR")for County for a proposal by
7 Secrets Unsealed, a California Non-Profit Religious Corporation ("Applicant"). County and
8 Consultant may be referred to individually as a "Party,"or collectively as"Parties," in this
9 Agreement.Applicant is not a party to this Agreement.
10 RECITALS
11 A. Consultant understands the Applicant has filed with the County an application for
12 Directors Review and Approval Application No. 4800, and have elected to request the
13 preparation of an EIR No. 8736 to meet the requirements of the California Environmental
14 Quality Act(California Public Resources Code, Division 13, section 21000 et seq.), including
15 the implementing CEQA Guidelines thereunder(Title 14, Division 6, Chapter 3, California
16 Code of Regulations, section 15000 et seq.)(collectively,the California Environmental Quality
17 Act, including such CEQA Guidelines thereunder are"CEQA")for the project commonly
18 known as the"Secrets Unsealed" ("Project").
19 B. The Project proposes to develop the site in three phases to eventually include five
20 buildings(four church facilities and a caretaker's residence) and a one-mile-long, 26-foot-wide
21 access road following an existing dirt road. Emergency access/egress would be to the south
22 on Quail Mountain Lane. Existing bridges would be used where possible. A copy of the Project
23 Description is attached hereto as Exhibit A, and a copy of the approved Work Program is
24 attached hereto as Exhibit B, and both are incorporated herein by this reference.
25 C. Consultant understands that in order to prepare a legally adequate EIR, the Applicant
26 has selected the Consultant to contract directly with the County for preparation of an EIR on
27 behalf of the County and that CEQA requires that the EIR prepared for the Project reflect the
28 independent judgment of the lead agency as required by the County and by law, the Director
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I of the Fresno County Department of Public Works and Planning ("Director") as the director is
2 responsible for the environmental documents prepared for the Project.
3 D. Consultant understands that it must meet the requirements for an interdisciplinary
4 approach in the preparation of the EIR, as are specified in Article 14 of the CEQA Guidelines
5 (Section 15120—15132), and that Consultant must have no interest,financial or otherwise, in
6 the outcome of the proposed Project or any related projects,the Consultant is not in the
7 employ or under contract with the Applicant.
8 E. Consultant represents that it is qualified, able, and willing to prepare a legally adequate
9 EIR and to otherwise deliver the necessary environmental consulting services required by
10 County for the Project,which representation County specifically relies upon.
11 AGREEMENT
12 In consideration of the covenants and conditions set forth herein,the Parties agree as
13 follows:
14 1. OBLIGATIONS OF CONSULTANT
15 A. Scope of Services. Consultant shall perform all the services provided in
16 Exhibit C to this Agreement, titled"Scope of Services."
17 B. Representation.Consultant represents that it is qualified, ready,willing, and
18 able to perform all the services provided in this Agreement.
19 C. Compliance with Laws. Consultant shall, at its own cost, comply with all
20 applicable federal, state, and local laws and regulations in the performance of
21 its obligations under this Agreement, including but not limited to workers
22 compensation, labor, and confidentiality laws and regulations.
23 D. Communications.All discussions between Applicant and Consultant
24 regarding the Project shall only occur with the County officials involvement.The
25 relevant County staff working on behalf of the project shall be included in all
26 forms of routine correspondence and telecommunications related to Contract
27 performance and all related issues. Such forms of communications are
28 including but not limited to written,telephone,email correspondence, and in-
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1 person meetings. To ensure consistent records all emails and all written
2 correspondence must consistently include in the exact project name and
3 number, "Secret Unsealed Project, EIR 8736", within the subject line.
4 2. OBLIGATIONS OF COUNTY
5 A. Public Meetings. County shall make arrangements for meetings with public
6 agencies and the public if County requests to conduct such meetings unless
7 specific services are provided for within the work program in Exhibit B.
8 B. Availability of Information. County shall make available to Consultant
9 documents, studies, and other information, not otherwise confidential or
10 privileged, in its possession related to the Project. County shall review
11 Consultant work and provide comments to Consultant as necessary to ensure
12 the environmental record is complete and accurate.
13 C. Public Notices. County shall mail required notices to public agencies and
14 interest groups. Applicant will be responsible for all postage, shipping, and
15 courier costs with respect to the delivery and return of physical mail related to
16 this Agreement and the County/Applicant Agreement.
17 D. Deadlines.The deadlines for performance by County or its officers and
18 employees set forth in this Agreement are directory only, and the failure of
19 County to meet such deadlines shall not be a breach of this Agreement.
20 3. COMPENSATION
21 A. Maximum Compensation. County agrees to pay, and Consultant agrees to
22 receive, compensation for the performance of its services under this
23 Agreement in an amount not to exceed One Hundred Sixty Two Thousand Two
24 Hundred Sixty Five Dollars and Zero Cents ($162,265.00)("Total Fee"), as
25 described in Exhibit D to this Agreement,titled "Compensation." Except as
26 otherwise provided in Exhibit E to this Agreement,titled "Extra Services,"
27 Consultant shall not be entitled to compensation exceeding the Total Fee.
28
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1 B. Limitations mn County.Consultant acknowledges that County k;mlocal
2 government entity and does ao with notice that Countvs powers are limited by
3 the California Constitution and by State law, and with notice that Consultant
4 may receive compensation under this Agreement only for services performed
5 according to the terms of this Agreement and while this Agreement isineffect,
O and subject to the maximum amount payable under this section. Consultant
7 further acknowledges that County employees have no authority to commit bo
8 additional payments or authorize payments to Consultant except as expressly
0 provided in this Agreement as defined in Exhibit Eto this Agreement,titled
10 ''Extra 5en/icam."
11 C� Invoices. County and Consultant agree to allow the preparation of the BR
12 Contract Deliverables to occur in five(5)increments of deliverables(Contract
13 Deliverables A through E), as described in Exhibit D to this Agreement, titled
14 "CornpensaUon".with Applicant providing payment in advance for each
15 Contract Deliverable increment before County may authorize to commence
16 work on said increment. Invoices for payment for Contract Deliverables shall
17 be submitted including the Project Number Z8736C in the memo field only after
18 the work identified for that Contract Deliverable increments has been
18 completed to the satisfaction of County. All Tasks shall be completed according
20 to Exhibit B to this agreement,titled"Work Program." Upon completion of a
21 Contract Deliverable and delivery to County,Consultant may submit an invoice
22 with documentation that the Tasks have been fully completed for that Contract
23 Deliverable. County shall then review, approve, and submit the invoice to the
24 County AudhoFControUen7peosunar-Tax Collector for payment, or rejectthm
25 claim and return the Claim to the Consultant identifying the work that has not
26 been accepted ao completed. |fa project iada|ayedformnnrethansixhy(E0)
27 days, based on no fault of the Consultant,The County may, at their discretion
28
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1 of the Director, accept an invoice from the Consultant for a payment of a
2 portion of a Contract Deliverable that has been completed.
3 D. Payment. Payment shall be issued to Consultant after the receipt thereof by
4 County Auditor-Controller/Treasurer Tax Collector within sixty(60) calendar
5 days after the receipt.
6 E. Incidental Expenses. Consultant is solely responsible for all its costs and
7 expenses that are not specified as payable by the County under this
8 Agreement, whether anticipated or those that may materialize.
9 4. INDEMNITY AND INSURANCE
10 A. Duty to Indemnify. Consultant agrees to indemnify, save, hold harmless, and
11 at County's request, defend the County, its officers, agents, and employees
12 from any and all costs and expenses, damages, liabilities, claims, and losses
13 occurring or resulting to County in connection with the performance, or failure
14 to perform, by Consultant, its officers, agents, or employees under this
15 Agreement, and from any and all costs and expenses, damages, liabilities,
16 claims, and losses occurring or resulting to any person, firm, or corporation
17 who may be injured or damaged by the performance, or failure to perform, of
18 Consultant, its officers, agents, or employees under this Agreement.
19 B. Insurance Requirements. Consultant shall comply with all the insurance
20 requirements in Exhibit G to this Agreement, titled "Insurance Requirements."
21 C. Survival. The terms of this Section 4 shall survive the termination of this
22 Agreement.
23 5. BREACH AND TERMINATION
24 A. Termination by County. This Agreement may be immediately terminated by
25 County upon written notice to Consultant if Consultant fails to comply with any
26 or all the terms of this Agreement or Applicant requests that County
27 discontinues processing the project. In no event shall any payment by County
28 constitute a waiver by County of any breach of this Agreement or any default
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1 which may then exist on the part of Consultant. County's termination of this
2 Agreement due to Consultant's breach shall not limit the rights of County to
3 seek other relief, including the recovery of damages.
4 B. Effect of Termination. If this Agreement is terminated as provided in this
5 section, Consultant shall be compensated for satisfactorily performed services
6 completed to the date of termination based upon the compensation rates set
7 forth in Exhibit B,Work Program, and subject to the total sum agreed to herein,
8 together with such additional services satisfactorily performed by Consultant
9 after termination which are authorized by County to complete the work
10 performed to the date of termination.
11 6. WORK PRODUCT
12 A. County Control of Work Product.All reports,studies, data, or other
13 information prepared or assembled by Consultant under this Agreement shall
14 not be provided to any person, association, corporation, or other organization
15 during the term of this Agreement without the prior written consent of County.
16 B. County Right to Disclose. County shall have the unlimited authority to forever
17 publish, disclose, distribute, and otherwise use throughout the world, in whole
18 or in part, and allow others to do so, all reports, studies, data, or other
19 information prepared by Consultant pursuant to this Agreement.
20 C. Ownership of Work Product.All documents prepared or obtained by
21 Consultant shall become the exclusive property of County. Upon termination of
22 this Agreement and prior to any compensation received from County for unpaid
23 services, Consultant shall surrender to County all work products created
24 pursuant to this Agreement without any reservation of rights therein. Consultant
25 may retain such documents only for so long as County authorizes such work
26 product to be retained to allow the completion of work as provided in
27 Subsection 5.13 of this Agreement. Consultant may retain copies of any
28 documents prepared or obtained by Consultant and designated as public
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1 records under the California Public Records Act(California Government Code,
2 Title 1, Division 7, Chapter 3.5, beginning with section 6250), and such
3 documents may be used by Consultant in any manner after this Agreement has
4 been terminated.
5 D. Format of Documents.The Consultant shall provide(submit, reproduce, and
6 distribute) Draft EIR, Final EIR, MMRP, appendices, exhibits and any additional
7 reference material in the quantities and format(s) as specified in Exhibit B,
8 Work Program, of this Agreement. County will require that Consultant provide
9 documents in both Microsoft Word, Office 2016(or newer) and Portable
10 Document Format(.pdf)file formats.
11 7. TIME OF PERFORMANCE
12 It is understood that weather and other factors beyond Consultant's control may delay
13 the completion of field work necessary for preparation of the EIR. Consultant will be allowed
14 as many additional days as are necessary to compensate for days lost due to inclement
15 weather or delays resulting from actions by Applicant including but not limited to changes in
16 the project. If additional time is needed because of a delay caused by factors not beyond
17 Consultant's control, Consultant shall timely request an extension of time in writing. The
18 granting of such an extension shall be at the discretion of the Director, or the Director's
19 designee. Neither Party shall be held liable or responsible to the other Party nor be deemed to
20 have defaulted under or breached this Agreement for failure or delay in fulfilling or performing
21 any obligation under this Agreement when such failure or delay is caused by or results from
22 causes beyond the reasonable control of the affected Party, including but not limited to fire,
23 floods, pandemics, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labo
24 disturbances, or acts of God; provided, however, that the Party so affected shall use
25 reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall
26 continue performance hereunder with reasonable dispatch whenever such causes are
27 removed. Either Party shall provide the other Party with prompt written notice of any delay or
28 failure to perform that occurs by reason of force majeure.
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1 8. INDEPENDENT CONTRACTOR
2 In performance of the work, duties, and obligations assumed by Consultant under this
3 Agreement, it is mutually understood and agreed that Consultant, including all of Consultant's
4 officers, agents, employees, and sub-consultants/contractors,will always be acting and
5 performing as an independent contractor, and shall act in an independent capacity and not as
6 an officer, agent, servant, employee,joint venture, partner, or associate of County.
7 Furthermore, County shall have no right to control or supervise or direct the manner or
8 method by which Consultant shall perform its works and function. However, County shall
9 retain the right to administer this Agreement so as to verify that Consultant is performing its
10 obligations in accordance with the terms and conditions thereof. Consultant and County shall
11 comply with all applicable provisions of law and the rules and regulations, if any, of
12 Governmental authorities having jurisdiction over matters the subject thereof. Because of its
13 status as an independent contractor, Consultant shall have no right to employment rights or
14 benefits available to County employees. Consultant shall be solely liable and responsible for
15 providing to, or on behalf of its employees, all legally required employees benefits. In addition,
16 Consultant shall be solely responsible and save County harmless from all matters relating to
17 payment of Consultant's employees, including compliance with Social Security withholding,
18 and all other regulations governing such matters. It is acknowledged that during the term of
19 this Agreement, Consultant may be providing services to others unrelated to County or to this
20 Agreement.
21 9. AUDITS AND INSPECTIONS
22 A. Inspection of Documents. Consultant shall make available to County, and
23 County may examine at any time during business hours and as often as
24 County deems necessary, all of Consultant's records and data with respect to
25 the matters covered by this Agreement, excluding attorney-client privileged
26 communications. Consultant shall, upon request by County, permit County to
27 audit and inspect all such records and data to ensure Consultant's compliance
28 with the terms of this Agreement.
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1 B. State Audit Requirements. If the compensation to be paid by County under
2 this Agreement exceeds$10,000, Consultant is subject to the examination and
3 audit of the California State Auditor, as provided in Government Code section
4 8546.7,for a period of three years after final payment under this Agreement.
5 This subsection 9.B survives the termination of this Agreement.
6 C. Public Records. Under this Agreement, Consultant is not permitted to discuss,
7 disclose or release to the public or any third party this Agreement or any
8 information, record or data related to the Project unless specifically authorized
9 by County. County is not limited in any manner with respect to its public
10 disclosure of this Agreement or any record or data that Consultant may provide
11 to the County. County's public disclosure of this Agreement or any record or
12 data that Consultant may provide to County may include but is not limited to the
13 following:
14 (1) County may voluntarily, or upon request by any member of the public or
15 governmental agency,disclose this Agreement to the public or such
16 governmental agency.
17 (2) County may voluntarily, or upon request by any member of the public or
18 governmental agency, disclose to the public or such governmental
19 agency any record or data that Consultant may provide to County,
20 unless such disclosure is prohibited by court order.
21 (3) This Agreement, and any record or data that Consultant may provide to
22 County, is subject to public disclosure under the Ralph M. Brown Act
23 (California Government Code, Title 5, Division 2, Part 1, Chapter 9,
24 beginning with section 54950).
25 (4) This Agreement, and any record or data that Consultant may provide to
26 County, is subject to public disclosure as a public record under the
27 California Public Records Act(California Government Code, Title 1,
28 Division 7, Chapter 3.5, beginning with section 6250)("CPRA").
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1 (5) This Agreement, and any record ordata that Contractor may provide to
2 County, iu subject bo public disclosure as information concerning the
3 conduct of the people's business nf the State of California under
4 California Constitution,Article 1, section 3. subdivision(b).
5 (G) Any marking of confidentiality or restricted access upon nrotherwise
6 made with respect to any record or data that Consultant may provide to
7 County shall be disregarded and have no effect onCounty'V right or
8 duty ho disclose to the public ur governmental agency any such record
8 or data.
10 D. Public Records Act Requests. |f County receives o written or oral request
11 under the CPRAto publicly disclose any record that iainConmu|tanfo
12 possession or control, and which County has a right, under any provision of this
13 Agreement or applicable law, to possess or control, then County may demand,
14 in writing, that Consultant deliver to County,for purposes of public disclosure,
15 the requested records that may bain the possession or control ofConsultant.
18 Within five business days after County's demand, Consultant shall (a)deliver to
17 the County all of the requested records that are in Consultant's possession or
18 control,together with a written statement that Consultant, after conducting a
19 diligent search, has produced all requested records that are in Consultant's
20 possession or control, or(b)provide to County o written statement that
21 Consultant, after conducting a diligent search, does not possess or control any
22 of the requested records.Consultant shall cooperate with County with respect
23 to any County demand for such records. If Consultant wishes to assert that any
24 specific record nr data is exempt from disclosure under the CPRAorother
25 applicable law, it must deliver the record or data to County and assert the
26 exemption by citation to specific legal authority within the written statement that
27 it provides to County under this section. Consultant's assertion ofany
28 exemption from disclosure iu not binding on County, but County will give at
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1 least 10 days' advance written notice to the Contractor before disclosing any
2 record subject to Consultant's assertion of exemption from disclosure.
3 Consultant shall indemnify the County for any court-ordered award of costs or
4 attorney's fees under the CPRA that results from Consultant's delay, claim of
5 exemption, failure to produce any such records, or failure to cooperate with
6 County with respect to any County demand for any such records.
7 10. MAINTAIN AND PROVIDE ADMINISTRATIVE RECORD
8 If requested by the County, Consultant shall upon request prepare and assemble the
9 Administrative Record (defined in this Section 10 below) and furnish it to County after the
10 Notice of Determination, including the findings and any Statement of Overriding
11 Consideration,are filed with the County Clerk.The"Administrative Record" is defined as the
12 entirety of the information relied upon to prepare the EIR, including without limitation all
13 records identified in California Public Resources Code section 21167.6, subdivision(e).The
14 Administrative Record is inclusive of all information and analyses either generated or obtained
15 from other sources or used to support documentation and analyses. A complete
16 Administrative Record is the entirety of the information relied upon within Consultant's
17 possession plus all information in other locations listed in the references. Information listed in
18 the references at other locations does not have to be included in the Administrative Record,
19 provided the references contain sufficient information for a reasonable member of the public to
20 identify, seek out, and obtain the listed information. Consultant shall organize the information
21 comprising the Administrative Record as an accessible electronic file, indexed by topic to the
22 extent possible, and submit this record to County.The electronically stored information
23 comprising the Administrative Record shall be delivered to the County in in the format in which
24 it is ordinarily maintained.
25 11. CONTRACT ADMINISTRATION
26 Consultant shall notify its appropriate employees of the individual County designates
27 as County Contract Administrator for this EIR. All routine correspondence and
28
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1 telecommunications related to Contract performance and related issues should be addressed
2 as follows:
3 Tawanda Mtunga, Principal Planner
Department of Public Works and Planning
4 Development Services and Capital Project Division
5 2220 Tulare Street, 6th floor
Fresno, CA 93721
6 Phone: (559)600-4052
e-mail: tmtunga(�fresnocountyca.gov
7
8 All other notices to County shall be delivered in accordance with Section 12, below.
9 12. NOTICES
10 A. Addresses for Delivery. Except as otherwise provided in this Agreement,the
11 persons and their addresses having authority to give and receive notices under
12 this Agreement include the following:
13 County:
Director of Public Works and Planning
14 Department of Public Works and Planning
2220 Tulare Street, Eighth Floor
15 Fresno, CA 93721
16 Attn: Division Manager/Development Services
Consultant:
17 Kate Elliott
18 Director, Environmental Planning + Compliance
Kate.EI liott(a)WeAreH arns.com
19
B. Change of Contact Information. Either Party may change the information
20
provided in this Agreement by giving notice as provided in this section.
21
C. Method of Delivery. Each notice between the County and the Consultant
22
provided for or permitted under this Agreement must be in writing, state that it
23
is a notice provided under this Agreement, and be delivered either by personal
24
service, by first-class United States mail, by an overnight commercial courier
25
service.
26
(1) A notice delivered by personal service is effective upon service to the
27
recipient.
28
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1 (2) A notice delivered by first-class United States mail is effective three
2 County business days after deposit in the United States mail, postage
3 prepaid, addressed to the recipient.
4 (3) A notice delivered by an overnight commercial courier service is
5 effective one County business day after deposit with the overnight
6 commercial courier service, delivery fees prepaid,with delivery
7 instructions given for next day delivery, addressed to the recipient.
8 D. Claims Presentation. For all claims arising out of or related to this Agreement,
9 nothing in this Section 12 establishes,waives, or modifies any claims
10 presentation requirements or procedures provided by law, including but not
11 limited to the Government Claims Act(Division 3.6 of Title 1 of the Government
12 Code, beginning with section 810).
13 13. DISCLOSURE OF SELF-DEALING TRANSACTIONS
14 A. Applicability. This applies if the Consultant is operating as a corporation or
15 changes its status to operate as a corporation.
16 B. Duty to Disclose. If any member of the Consultant's board of directors is party
17 to a self-dealing transaction, he or she shall disclose the transaction by
18 completing and signing a"Self-Dealing Transaction Disclosure Form"(Exhibit F
19 to this Agreement) and submitting it to the County before commencing the
20 transaction or immediately after.
21 C. Definition."Self-dealing transaction"means a transaction to which the
22 Consultant is a party and in which one or more of its directors, as an individual,
23 has a material financial interest.
24 14. GENERAL TERMS
25 A. Effective Date;Term. This Agreement shall become effective upon the
26 Effective Date and shall continue in effect until the obligations of the Parties
27 under this Agreement are complete or until this Agreement is earlier terminated
28 as provided in Section 5"Breach and Termination."
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1 B. Amendments or Modification.Any changes to this Agreement requested
2 either by County or Consultant may only be affected if mutually agreed upon in
3 writing by duly authorized representatives of the Parties hereto. Except as
4 provided in Section 5, "Breach and Termination,"this Agreement may not be
5 modified, and no waiver is effective, except by written agreement signed by
6 both Parties. The Consultant acknowledges that County employees have no
7 authority to modify this Agreement except as expressly provided in this
8 Agreement.
9 C. Non-Assignment. Neither Party may assign its rights or delegate its
10 obligations under this Agreement without the prior written consent of the other
11 Party.
12 D. Governing Law. The laws of the State of California govern all matters arising
13 from or related to this Agreement.
14 E. Jurisdiction and Venue. This Agreement is signed and performed in Fresno
15 County, California. Consultant consents to California jurisdiction for actions
16 arising from or related to this Agreement, and, subject to the Government
17 Claims Act, all such actions must be brought and maintained in Fresno County.
18 F. Construction. The final form of this Agreement is the result of the Parties'
19 combined efforts. If anything in this Agreement is found by a court of competent
20 jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing
21 the terms of this Agreement against either Party.
22 G. Headings; Construction; Statutory References. The headings and section
23 titles in this Agreement are for convenience only and are not part of this
24 Agreement. The final form of this Agreement is the result of the Parties'
25 combined efforts and negotiations between the Parties. If anything in this
26 Agreement is found by a court of competent jurisdiction to be ambiguous, that
27 ambiguity shall not be resolved by construing the terms of this Agreement
28 against either Party. The language of this Agreement shall be construed as a
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1 whole according to its fair meaning and not strictly for or against any Party.Any
2 rule of construction to the effect that ambiguities are to be resolved against the
3 drafting Party shall not apply in interpreting this Agreement. All references in
4 this Agreement to statutes, regulations, ordinances or resolutions of the United
5 States, the State of California, or County of Fresno shall be deemed to include
6 the same statute, regulation, ordinance, or resolution as hereafter amended or
7 renumbered, or if repealed,to such other provisions as may thereafter govern
8 the same subject. In the event of any inconsistency between the text of this
9 Agreement and the Exhibits attached to this Agreement, such ambiguity shall
10 be resolved in the following order of priority: (1)the text of this Agreement,
11 excluding the Exhibits, (2)Exhibit G (Insurance Requirements), (3)Exhibit F
12 (Self-Dealing Transactions), (4) Exhibit D(Compensation), (5) Exhibit E(Extra
13 Services), (6) Exhibit C(Scope of Services), (7) Exhibit B(Work Program),and
14 (8) Exhibit A(Project Description).
15 H. Severability. If anything in this Agreement is found by a court of competent
16 jurisdiction to be unlawful or otherwise unenforceable, the balance of this
17 Agreement remains in effect, and the Parties shall make best efforts to replace
18 the unlawful or unenforceable part of this Agreement with lawful and
19 enforceable terms intended to accomplish the Parties'original intent.
20 I. Nondiscrimination. During the performance of this Agreement,the Consultant
21 shall not unlawfully discriminate against any employee or applicant for
22 employment, or recipient of services, because of race, religious creed, color,
23 national origin, ancestry, physical disability, mental disability, medical condition,
24 genetic information, marital status, sex, gender, gender identity,gender
25 expression, age, sexual orientation, military status or veteran status pursuant to
26 all applicable State of California and federal statutes and regulation.
27 J. No Waiver. Payment, waiver, or discharge by County of any liability or
28 obligation of the Consultant under this Agreement on any one or more
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1 occasions is not a waiver of performance of any continuing or other obligation
2 of Consultant and does not prohibit enforcement by the County of any
3 obligation on any other occasion.
4 K. Entire Agreement. This Agreement constitutes the entire Agreement between
5 Consultant and County with respect hn the subject matter hereof and
6 supersedes all previous negotiations, proposals, commitments,writing,
7 advertisements, publications,
8 and understandings of any nature whatsoever, including without limitation the
8 Previous Consultant Agreement, unless expressly included in this Agreement.
10 L. No Third-Party Beneficiaries.This Agreement does not and is not intended to
11 create any rights or obligations for any person or entity, including without
12 limitation the Applicant, except for the Parties.
13 M. Binding Upon Successors.This Agreement shall be binding upon and inure
14 to the benafitof the Parties and their respective successors in interest, assigns,
15 legal representatives, and heirs.
16 N. Authorized Signatures.The Consultant represents and warrants toCounty
17 that:
18 (1) Consultant is duly authorized and empowered tn sign and perform its
19 obligations under this Agreement.
20 (2) The individual signing this Agreement on behalf cf Consultant isduly
21 authorized todoao and his nr her signature on this Agreement legally
22 binds Consultant to the terms of this Agreement.
23 O. Electronic Signatures. The Parties agree that this Agreement may be
24 executed by electronic signature as provided in this section.
25 (1) An "electronic signature" means any symbol or process intended byan
26 individual signing this Agreement to represent their signature, including
27 but not limited to (a) a digital signature; (b) afaxed version of an original
28 handwritten signature; or(c)an electronically scanned and transmitted
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I (for example by PDF document)version of an original handwritten
2 signature.
3 (2) Each electronic signature affixed or attached to this Agreement(a)is
4 deemed equivalent to a valid original handwritten signature of the
5 person signing this Agreement for all purposes, including but not limited
6 to evidentiary proof in any administrative or judicial proceeding, and(b)
7 has the same force and effect as the valid original handwritten signature
8 of that person.
9 (3) The provisions of this section satisfy the requirements of Civil Code
10 section 1633.5, subdivision (b), in the Uniform Electronic Transaction
11 Act(Civil Code, Division 3, Part 2, Title 2.5, beginning with section
12 1633A).
13 (4) Each Party using a digital signature represents that it has undertaken
14 and satisfied the requirements of Government Code section 16.5,
15 subdivision (a), paragraphs (1)through(5), and agrees that each other
16 Party may rely upon that representation_
17 (5) This Agreement is not conditioned upon the Parties conducting the
18 transactions under it by electronic means and either Party may sign this
19 Agreement with an original handwritten signature.
20 P. Counterparts.This Agreement may be signed in counterparts, each of which
21 is an original, and all of which together constitute this Agreement.
22 [Signature page follows.]
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Consultant Agreement—Harris &Associates
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1 In witness whereof, the Parties are signing this Agreement as of the Effective Date.
2
3 CONSULTANT: COUNTY OF FRESNO:
Harris & Associates
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BY: BY:
7 Kate Elliot STEVEN E. WHITE PE, PLS
Director, Environmental Planning + Compliance DEPARTMENT OF PUBLIC WORKS
8 AND PLANNING
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11 ORG. NO.: 4360-0200
SUBCLASS NO.: 10000
12 FUND NO.: 0001
ACCOUNT NO.: 7295
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Consultant Agreement—Harris &Associates
Page 18 of 18
I Exhibit
2 Project Description
3 The Project pnopnaeohodeve|opthenib*inthnaephameotoeventua||yino\udofive
4 buildings(four church facilities and a caretaker's residence) and a one-mile-long, 26-foot-
5 wide access road following an existing dirt road. Emergency access/egress would be to the
O south on C2uuU Mountain Lone. Existing bridges would be used where possible.
T Phase would include an administration building(approximately O.8OUsf). m
8 worship/gathering building (approximately 10.200o0. on access road. and associated
8 infrastructure.
10 Phase 2 would include a multi-purpose building (approximately 8,500 sf) and a
11 caretaker residence(approximately 2,500 sf). The multi-purpose building would include a
12 woodworking shop, a mechanic's shop, mgaro0e. a conference roun/|ibrury. anaoepbon
13 area, and storage.
14 Phase 3 would include a sanctuary and banquet hall (approximately 2,650 sf)with a
15 kitchen facility and a maximum capacity of 200 people. The sanctuary and banquet hall
16 would include a stage and production facility to produce videos.Video production would
17 include recordings of services, Bible studies, health, and cooking classes and the like.
18 Recording would take place inside structures.
19 The church facility would ba supported byo septic system, a private well would
20 provide water, and a private waste hauler would remove solid waste. The facility is expected
21 to have 18 full-time and 3 part-time employees initially in Phase 1.The number of staff is
22 expected to increase to 30 full-time and 6 part-time employees in Phase 3. During the week,
23 the facility would be open from 7:00 am to 10:00 pm, with any outdoor activities occurring
24 between 8:00 am and 10:00 pm. It is estimated that Saturday services would have 20 to 50
25 congregants in attendance. Special services are anticipated to take place 4 to 6 times a year
26 with 150 to 200 attendees. Special events with less than 150 attendees are anticipated to
27 occur 4 times a year. The church would also be used for weddings 3 or 4 times a year, with
28 a maximum attendance of150people.
Consultant Agreement—Harris @Associates
A-1
1 The proposed use of the project site is consistent with existing land use and zoning.
2 The planned structures would be designed and located to minimize potential visual and
3 biological impacts, and the project would not substantially increase population in the area.
4 Additionally, the project is not anticipated to place a strain on utilities or public services.
5 However, early outreach has indicated that the project may be locally controversial. Based
6 on this information, Harris concurs that the appropriate CEQA documentation for the project
7 an Environmental Impact Report(EIR).
8 DPLDS and SUM have retained qualified professionals to prepare required technical
9 studies, including air quality, noise,traffic, biological resources, cultural resources,
10 hydrology/water quality, and geology/soils. It is our understanding that DPLDS and SUM will
11 provide the technical studies, 30%design plans, and construction and operation information
12 required for the EIR analysis. It is also our understanding that the County is the CEQA lead
13 agency and that there is no federal trigger so compliance with the National Environmental Policy
14 Act is not required.
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Consultant Agreement—Harris&Associates
A-2
I Exhibit B
2 Work Program
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4 (See Attached)
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Consultant Agreement—Harris &Associates
B-1
1 Exhibit C
2 Scope mfServices
3 1. Upon Consultant's receipt of written requests by County to proceed with identified work,
4 Consultant shall prepare, in phases, an EIR for the Project which shall comply with
5 CEQA and conform to the Work Program, as described in Exhibit B to this Agreement,
O and Schedule, as defined in Exhibit B to this Agreement, submitted by Consultant and
7 approved byDirector.
8 2. Consultant shall determine, at the earliest feasible time,those factors which could
9 severely inhibit or prohibit the approval and development of the proposed project.
lO Consultant shall promptly notify County of Consultant's findings regarding such factors
11 and conclusions related thereto for the purpose of determining the feasibility of
12 continuing with preparation of the E|R according to said Work Program.
13 8. Consultant shall include a County staff member in any meeting or other contact between
14 Consultant and Applicant, unless otherwise authorized by County in which case
15 Consultant shall provide a written summary of the meeting. County shall specifically
16 authorize each instance of written correspondence between Consultant and Applicant,
17 and the sender shall provide County o copy of all such correspondence.
18 4. Consultant shall review all background information, prior environmental studies and
18 other studies supplied by Applicant for evaluation in the EIR, and Consultant or its
20 Subconsultants shall revise and/or complete any studies determined to be inadequate or
21 incomplete.
22 5. Consultant shall not revise the approved Work Program or replace any Subconsultant,
23 as identified in the Work Program, selected to prepare any part of the EIR without the
24 prior written consent ofDirector. Project Manager shall beShah|raAohkur.email
25 shahira.ashkar@weareharris.com. Any changes to Consultant Project Manager will
26 require the prior written consent ofDirector.
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ConoU|tantAoreennent—Harrim&Aoaocioteo
C-1
1 6. Consultant shall at minimum conduct one(1) scoping meeting for the Notice of
2 Preparation (NOP) and one(1) public meeting for the Draft EIR if such meetings are
3 requested by County.
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Consultant Agreement—Harris&Associates
C-2
1 Exhibit D
2 Compensation
3 Consultant will be compensated for performance of its services under this Agreement as
4 provided in this Exhibit D. Consultant is not entitled to any compensation except as expressly
5 provided in this Exhibit D.
6 1. Contract Deliverables: to occur in four (4) increments.
7 (a) Contract Deliverable A: (Notice of Preparation) shall consist of all work
8 performed by Consultant to complete the deliverable as identified in the Exhibit B Work
9 Program.
10 (b) Contract Deliverable B: (Administrative Draft Environmental Impact Report)
11 shall consist of all work performed by Consultant to complete the deliverable as
12 identified in the Exhibit B Work Program.
13 (c) Contract Deliverable C: (Public Draft EIR) shall consist of all work
14 performed by Consultant to complete the deliverable as identified in the Exhibit B Work
15 Program.
16 (d) Contract Deliverable D: (Final EIR and MMRP) shall consist of all work
17 performed by Consultant to complete the deliverable as identified in the Exhibit B Work
18 Program.
19 Payment for Contract Deliverables: Upon execution of this Agreement by the
20 Parties hereto and thereafter upon Consultant's completion of each Contract
21 Deliverable, Consultant shall confirm, in writing, with Director or Director's designee,
22 prior to Consultant's performance of any services under a Contract Deliverable; that the
23 sum representing Applicant's incremental payment for that Contract Deliverable of work
24 to be performed by Consultant has been received by County from Applicant. This total
25 sum shall be paid to Consultant as follows:
26 (a) Contract Deliverable A: Upon receipt of a proper invoice in accordance with
27 Contract Deliverable A and following acceptance. County shall pay Consultant an
28 amount not to exceed Sixteen Thousand Two Hundred Five Dollars and Zero Cents
Consultant Agreement—Harris &Associates
D-1
1 ($16, 205.00). The County shall pay Consultant said amounts pursuant to Section 3 of
2 the Agreement.
3 (b) Contract Deliverable B: Upon receipt of a proper invoice in accordance with
4 Contract Deliverable B and following acceptance, County shall pay Consultant an
5 amount not to exceed Seventy Seven Thousand Three Hundred Ninety Five Dollars and
6 Zero Cents ($77,395.00). The County shall pay Consultant said amount pursuant to
7 Section 3 of the Agreement.
8 (c) Contract Deliverable C: Upon receipt of a proper invoice in accordance with
9 Contract Deliverable C and following acceptance, County shall pay Consultant an
10 amount not to exceed an amount not to exceed Twenty Two Thousand Five Hundred
11 and Five Dollars and Zero Cents ($22,505.00). The County shall pay Consultant said
12 amount pursuant to Section 3 of the Agreement.
13 (d) Contract Deliverable D: Upon receipt of a proper invoice in accordance with
14 Contract Deliverable D and following acceptance, County shall pay Consultant an
15 amount not to exceed Thirty Eight Thousand Ninety Five Dollars and Zero Cents
16 ($38,095.00). The County shall pay Consultant said amount pursuant to Section 3 of the
17 Agreement.
18 OPTIONAL TASKS: The Parties understand that"Optional Tasks" according to
19 Exhibit B Work Program may be required during the course of the project. The Parties
20 agree that County may authorize Consultant in writing to perform additional Optional
21 Tasks as described in Exhibit B of this Agreement as the County deems needed. Upon
22 receipt of a proper invoice following acceptance of performance of said Optional task by
23 the County; County shall pay Consultant said amount according to Exhibit B Work
24 Program for Optional Tasks pursuant Section 3 of the Agreement.
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Consultant Agreement—Harris &Associates
D-2
1 Exhibit E
2 Extra Services
3 1. The Parties understand that additional work, not reasonably anticipated during the
4 preparation of the Work Program proposal submitted by Consultant and approved by
5 County, may be necessary to complete the Draft and/or Final EIR, The Parties further
6 understand that it is not possible to estimate accurately either the quantity or quality of
7 comments that will be received by County during the public review period for the Draft
8 EIR. The Parties agree that County may authorize Consultant to perform certain
9 necessary additional work as"Extra Services" pursuant to Exhibit B of this Agreement.
10 2. The Extra Services which may be authorized are limited to those subjects set forth in
11 Exhibit B. Consultant shall not perform any Extra Services without prior written
12 authorization from the Director or the Director's designee. The total charge for all such
13 Extra Services shall not exceed the sum of Twenty Three Thousand One Hundred Thirty
14 Dollars and Zero Cents($23,130.00), approximately 15% of the Total Fee.
15 3. Whether to authorize Extra Services is within the discretion of County. Authorization may
16 be granted only if additional information, further analysis, or other work is, in the opinion
17 of the Director, required to complete the Draft or Final EIR or related activities. However,
18 if the services to be performed could reasonably have been anticipated during the
19 preparation of the Work Program proposal, as determined by the Director, these services
20 are not"Extra Services" and shall be performed by Consultant within the Total Fee of this
21 Agreement. Extra Services may be authorized only after County's receipt from Applicant,
22 pursuant to County/Applicant Agreement, of the entire sum determined by the Director to
23 be the maximum that may be rendered for those Extra Services. Consultant shall confirm
24 with the Director or the Director's designee that said sum has been received by County
25 from Applicant prior to its performance of the Extra Services.
26 4. Any work performed by the Consultant at County's request is always considered
27 included in the Scope of Work pursuant to Exhibit B unless prior explicit written
28 authorization, that includes a proposed Scope of Work for Extra Services and total cost
Consultant Agreement—Harris&Associates
E-1
I for services, has been obtained. County staff does not have the authority to provide
2 verbal commitments to amendments to agreements or verbally approve Extra Services;
3 any verbal direction or comments from staff does not make a commitment that any
4 written approval for changes in compensation will be authorized or provided. Failure of
5 Consultant to secure prior explicit written authorization for extra services before
6 performing said work shall be deem an acknowledgement that the work is within the
7 scope of the work previously agreed to, and shall constitute a waiver of all rights to an
8 amendment in the contract price or Extra Service request for such unauthorized extra
9 work and Consultant thereafter shall be entitled to no compensation or reimbursement
10 whatsoever for the performance of such work.
11 5. The advance of sufficient funds by Applicant to County for the compensation of both Total
12 Fee services and Extra Services prior to such services being performed shall be paid
13 upfront, and Consultant's confirmation of same with Director, or Director's designee,that
14 such sums have been received shall be conditions precedent to County's obligation to
15 compensate Consultant for such services. If Consultant performs any services under this
16 Agreement and such conditions precedent are not met, County shall not be obligated to
17 compensate Consultant for the performance thereof.
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Consultant Agreement—Harris&Associates
E-2
1 Exhibit F
2 Self-Dealing Transaction Disclosure Forrn
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).
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Consultant Agreement—Harris&Associates
F-1
1 (1) Company Board Member Information:
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Name: Date:
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4 Job Title:
5 (2) Company/Agency Name and Address:
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11 (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party
12 to)
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18 (4) Explain why this self-dealing transaction is consistent with the requirements of
19 Corporations Code§ 5233 (a)
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26 (5)Authorized Signature
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Signature: Date:
28 T
Consultant Agreement—Harris&Associates
F-2
1 Exhibit G
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 an annual aggregate of Three Million
Consultant Agreement—Harris&Associates
G-1
I 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
Consultant Agreement—Harris&Associates
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1 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.
23 (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.
Consultant Agreement—Harris&Associates
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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.
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EXHIBIT B
Harris & Associates
March 3,2025
David Randall and Ejaz Ahmad
Fresno County Department of Public Works
and Planning Development Services
2600 Fresno Street,#4
Fresno,California 93721
I PROPOSAL TO PREPARE CEQA EIR FOR THE SECRETS UNSEALED PROJECT
Dear Mr. Randall and Mr.Ahmad:
Harris&Associates(Harris)has been contacted by Dirk Poeschel Land Development Services(DPLDS)to provide a proposal
to assist with the preparation of an Environmental Impact Report(EIR),in compliance with the California Environmental
Quality Act(CEQA),for the construction and operation of the planned Secrets Unsealed Project.
This proposal includes our project understanding,scope of work,schedule,and cost estimate.
The following understanding of the project and requested services is based on our December 16 site visit,our December 17
conversations with DPLDS and the Secrets Unsealed Ministry (SUM), the Operational Statement provided by DPLDS in a
December 20 email,and information provided by the County of Fresno(County)staff in conversations and follow up email
on January 3,2025.
PROJECT UNDERSTANDING
DPLDS has been retained by Secrets Unsealed Ministry(SUM)to assist with the planning and development of a church facility
on approximately 40 acres of their 435.35-acre property in Tollhouse,California,in unincorporated Fresno County about 35
miles northeast of the City of Fresno.
SUM is planning to develop the site in three phases to eventually include five buildings(four church facilities and a caretakers
residence)and a one-mile-long,26-foot-wide access road following an existing dirt road.Emergency access/egress would be
to the south on Quail Mountain Lane.Existing bridges would be used where possible.
• Phase 1 would include an administration building (approximately 8,900 sf), a worship/gathering building
(approximately 16,200 sf),an access road,and associated infrastructure.
• Phase 2 would include a multi-purpose building(approximately 8,500 so and a caretaker residence(approximately
2,500 sf).The multi-purpose building would include a woodworking shop,a mechanic's shop,a garage,a conference
room/library,a reception area,and storage.
• Phase 3 would include a sanctuary and banquet hall(approximately 2,650 sf)with a kitchen facility and a maximum
capacity of 200 people.The sanctuary and banquet hall would include a stage and production facility to produce
videos.Video production would include recordings of services,Bible studies,health,and cooking classes and the like,
Recording would take place inside structures.
The church facility would be supported by a septic system, a private well would provide water, and a private waste hauler
would remove solid waste.The facility is expected to have 18 full-time and 3 part-time employees initially in Phase 1.The
number of staff is expected to increase to 30 full-time and 6 part-time employees in Phase 3. During the week,the facility
would be open from 7:00 am to 10:00 pm, with any outdoor activities occurring between 8:00 am and 10:00 pm. It is
estimated that Saturday services would have 20 to 50 congregants in attendance. Special services are anticipated to take
60 West Alisal Street,Suite 200,Salians,CA 93901 ■ (831)789-8670 ■ www.WeAreHarris.com
place 4 to 6 times a year with 150 to 200 attendees.Special events with less than 150 attendees are anticipated to occur 4
times a year.The church would also be used for weddings 3 or 4 times a year,with a maximum attendance of 150 people.
The proposed use of the project site is consistent with existing land use and zoning.The planned structures would be designed
and located to minimize potential visual and biological impacts,and the project would not substantially increase population
in the area.Additionally,the project is not anticipated to place a strain on utilities or public services.However,early outreach
has indicated that the project may be locally controversial. Based on this information, Harris concurs that the appropriate
CEQA documentation for the project an Environmental Impact Report(EIR).
DPLDS and SUM have retained qualified professionals to prepare required technical studies,including air quality,noise,traffic,
biological resources,cultural resources, hydrology/water quality, and geology/soils. It is our understanding that DPLDS and
SUM will provide the technical studies,30%design plans,and construction and operation information required for the EIR
analysis.It is also our understanding that the County is the CEQA lead agency and that there is no federal trigger so compliance
with the National Environmental Policy Act is not required.
WORK PLAN AND SCOPE OF WORK
The Work Plan provided below is based on the guidance provided by the County on January 3,2025,and our understanding
of the project as it is currently envisioned.
The estimated duration for each major deliverable is based on the preliminary scheduled developed(Attachment A).The
preliminary schedule assumes consecutive County and applicant review times of 6 weeks each for initial drafts of the Draft
and Final environmental document and 4 weeks for subsequent drafts.We understand that review times at the County will
vary dependent upon workload,timing,and parties that need to review the document,and that the schedule is a tool and
may change.
Project management is built into each deliverable.Throughout the term of the project,there will be ongoing project
management, including coordination with the County,the applicant team,and internal Harris staff.It is assumed that
project calls with the County and applicant team will average once a month,though there will likely be times when more or
fewer calls are necessary.This task also includes budget and schedule management,the preparation of progress reports as
necessary,and other administrative tasks.We assume this effort would require an average of approximately 1 hour per
week for Harris'project manager,with periodic support from the project director and environmental analyst.
Deliverable A. Notice of Preparation
Task A-1. Kick Off Meeting
Harris Project Management staff will initiate the project and then organize and facilitate a virtual kick off meeting with
County staff,DPLDS staff,and SUM staff.The agenda for this meeting will include,but not be limited to,introductions,
communication protocols,project description and plans,data needs,and schedule.
Task A-2. Project Description
In coordination with the County,using information provided by DPLDS and SUM,Harris will prepare a project description with
location maps and adequate detail to present in the Notice of Preparation.We will work with DPLDS and SUM to incorporate
design and best management practices(BMPs)into the project description with the goal of avoiding, minimizing,and reducing
potential environmental impacts. This scope assumes the applicant team would provide necessary site plans and project
information; there would be one round of review and comment by the County; and there would be no substantial project
changes once approved by the County,DPLDS,and SUM and analysis is underway.
Task A-3. Notice of Preparation and Distribution
When the project description is completed, Harris will prepare a Notice of Preparation(NOP)for review by the County.Harris
will incorporate comments and prepare the NOP for distribution.It is assumed that the County will provide an initial distribution
list for review. Harris,in coordination with DPLDS and SUM,will revise the distribution list and provide that for review by the
County prior to proceeding with NOP distribution.Harris will file the NOP with the State Clearinghouse and will send electronic
Harris&Associates,Inc. ® Proposal to Prepare CEQA EIR for the Secrets Unsealed Project 2 of 7
EXHIBIT 8 PAGE 2
versions of the NOP on behalf of the County to special interest groups and local agencies identified in the distribution list. It is
assumed that the County will file the NOP with the County Clerk and SUM will pay any filing fees.Because the NOP is anticipated
to be very brief,this scope and cost assumes that County review can be accomplished in 2 weeks.
Task A-4. NOP Scoping Meeting
Harris staff will prepare for and facilitate a scoping meeting one to two weeks after the release of the NOP to hear public
comments and concerns that will be addressed in the EIR. Harris will prepare and present a PowerPoint presentation
illustrating the proposed project(based on information and graphics provided by DPLDS and SUM)and the CEQA EIR process.
County staff will be present and open the meeting. This scope of work and cost estimate assume that the meeting will be
virtual, that it will be possible to use the County's platform, and that County staff will assist with logistics like muting
microphones and tracking time for comments.
Task A-5. NOP Comment Review
Harris staff will gather comments received during the NOP comment period,develop a table with a summary of the comments
received,and ensure that any pertinent comments are addressed in the EIR.Our technical specialists will also review the NOP
comments. We will note any comments of concern, discuss them with the County, and confirm the EIR scope of work.
Comment letters will be appended to the EIR.
• Draft and Final Project Description(electronic—Word)
• Draft and Final NOP(electronic—Word and pdf)
• Draft and Final Scoping Meeting Presentation(electronic—PowerPoint)
Deliverable B. Administrative Draft Environmental Impact Report
Task 13-1. Detailed Project Description
Harris will build on the project description developed during Task A.2 to include additional detail needed for the analysis.
This will include anticipated construction methodology,such as equipment and earth movement,and operation
information.This scope assumes that SUM and DPLDS will provide or assist in developing appropriate assumptions for
analysis.
Task B-2.Site Visit
Our key analysts will visit the site to gather information and take photographs to be included in the analyses(e.g.,
Aesthetics).Though not all staff may need to visit the site,we assume that one specialist and one generalist will conduct a
short site visit.
Task B-3.Technical Report Review
Harris staff will review technical studies provided by DPLDS and SUM. This review will be primarily to confirm the studies
contain all the information required to prepare the EIR analysis in accordance with CEQA Guidelines, including Appendix G
Environmental Checklist. It is assumed that studies addressing the following topics will be provided,and that all studies are
comprehensive and accurate.This scope assumes that the County will provide a summary of AB 52 consultation and results
to address Tribal Cultural Resources and that a site-specific wildfire and/or evacuation study will not be necessary.
• Air Quality/GHG • Hazardous Materials
• Biological Resources(including sensitive plant a Hydrology/Water Quality(including stormwater
and animal species,trees,and waters) runoff)
• Cultural Resources • Noise
• Energy • Traffic
• Geotechnical 0 Water Supply
Harris&Associates,Inc. ■ Proposal to Prepare CEQA EIR for the Secrets Unsealed Project 3 of 7
EXHIBIT B PAGE 3
Task B-4. Administrative Draft EIR
After reviewing the technical studies and ensuring all necessary information is included,the Harris team will begin preparation
of the Administrative Draft EIR.The EIR will evaluate each of the following 20 environmental topics and address each of the
checklist questions in accordance with the most recent State CEQA Guidelines,Appendix G,and relevant regulations.
• Aesthetics • Land Use and Planning
• Agriculture and Forestry Resources • Mineral Resources
• Air Quality . Noise
• Biological Resources • Population and Housing
• Cultural Resources • Public Services
• Energy • Recreation
• Geology and Soils • Transportation
• Greenhouse Gas Emissions • Tribal Cultural Resources
• Hazards and Hazardous Materials • Utilities and Service Systems
• Hydrology and Water Quality • Wildfire
The discussion for each environmental topic will include relevant baseline information(environmental setting or existing
conditions),upon which environmental impacts of the project are measured,and relevant regulatory requirements of
relevant agencies.
The discussion for each checklist question will identify the potential environmental impacts of the project with a clear nexus
to the established threshold of significance.The discussions will be concise and focused on the questions,providing detail
as needed to support the conclusions and impact determinations.
if there are any potentially significant impacts,feasible mitigation measures will be identified to avoid,minimize,and
reduce the effects to a less than significant level.Impacts that cannot be reduced to a less than significant level will be
determined significant and unavoidable.
The EIR will also include the additional required analyses and discussions,including cumulative impacts,growth
inducement,irreversible environmental effects,significant and unavoidable effects,and project alternatives.
The project alternatives analysis will be developed in accordance with CEQA Guidelines Section 15126.6,which requires an
EIR describe and evaluate a reasonable range of alternatives that would attain most project objectives and avoid or lessen
identified significant environmental impacts of the project.As allowed by CEQA,the analysis would be at a lesser,
qualitative level of detail compared to the project analysis.The project alternatives will be developed in coordination with
the client team.This scope assumes that one development alternative would be analyzed,in addition to the no project
alternative which is required by CEQA.This scope also assumes that DPLDS and SUM will provide information regarding
other alternatives that were considered.
The Administrative Draft EIR will be provided to the County for review and comment. It is assumed that the County will
forward the document to DPLDS and SUM and review any applicant comments prior to returning the document to Harris for
response. This scope assumes that one electronic administrative draft will be prepared, any conflicting comments will be
resolved,and comments will not result in substantial changes or additional analyses.
• Administrative Draft EIR(electronic-Word)
Deliverable C. Public Draft EIR
Task C-1.Screen Check Draft EIR
Harris staff will address comments on the Administrative Draft EIR and prepare a screen check version for final review
before publication.If there are any questions about how to respond to comments,Harris staff will organize a call and
conduct a live edit via Teams or Zoom to expedite finalizing the document for public review.The screen check version will
Harris&Associates,Inc. N Proposal to Prepare CEQA EIR for the Secrets Unsealed Project 4 of 7
EXHIBIT B PAGE 4
be provided in Word and pdf formats.This scope assumes that any additional comments will be minor and will not result in
reorganization or additional analyses.
Task C-2. Public Draft EIR
Harris staff will prepare the Draft EIR for public review.This task also includes preparation of the Notice of Completion(NOC).
Harris will provide electronic copies of the NOC and Public Draft EIR to the County in Word and PDF format. Harris will also
provide 13 hard copies of the Draft EIR and 20 USB thumb drives with an electronic copy of the Draft EIR for the County to
distribute.It is assumed that the County will prepare the NOA.
Harris will submit the NOC and Public Draft EIR electronically to the State Clearinghouse (SCH) online via CEQA Submit for
distribution to relevant State agencies for review.This scope assumes the County will approve Harris to submit on their behalf
via the online approval system.
It is assumed that the County will prepare the NOA,file it with the County Clerk,and complete public noticing by advertising in
the local newspaper(or other means as required by CEQA). Harris will distribute the NOA in accordance with CEQA Guidelines
15087(a) based on the mailing list provided by the County in Task A-3 and updated by Harris, DPLDS, and SUM.This includes
sending the NOA to the last known name and address of all organizations and individuals who have previously requested such
notice in writing.We recommend electronic distribution to those who received and responded to the NOP wherever possible.
For the purposes of estimating costs we assume that no more 50 hard copies of the NOA will be mailed using the US Postal
Service.This scope also assumes that the County will be responsible for any additional distribution and posting on the County's
website.Should the County wish Harris to prepare the NOA or advertise the availability of the EIR,it would be necessary to revisit
this portion of the scope of work.
Task C-3. Public Meeting
Harris staff will lead the public meeting during the public review period for the Draft EIR. Harris will prepare a PowerPoint
presentation describing the proposed project, the CEQA process, and if desired, a high-level summary of the impacts
identified in the EIR for County review and comment.When the comments have been addressed,a final presentation will be
provided to the County.We assume there will be one dry run of the presentation with the County,as well as DPLDS and SUM,
present.The Harris project manager will present the PowerPoint at the public meeting,after an introduction by the County.
This scope of work and cost estimate assume that the meeting will be virtual, that it will be possible to use the County's
platform,and that County staff will assist with logistics like muting microphones and tracking time for comments.
• Screen Check Draft EIR(electronic—Word and pdf)
• Public Draft EIR including appendices(electronic—Word and pdf,20 US8 drives, 13 hard copies)
• Notice of Availability(electronic—pdf)
• Notice of Completion(electronic—pdf)
• Draft and Final Public Meeting Presentation(electronic—PowerPoint)
Deliverable D. Final EIR and MMRP
Task D-1. Response to Comments
Following the 45-day public review period, Harris will review comments received on the Draft EIR,demarcate the individual
comments within the comment letters and emails, and create a comment matrix (table) for tracking and responding to
comments.The table will summarize the comment and identify parties responsible for responding to comments,which will
include Harris staff and may also include authors of technical studies. We may also need input from County staff and the
applicant team to address some questions/issues.
Responses to comments will be collected in a Word document,reviewed by Harris staff,and compiled into a draft Responses
to Comments document for review by the County,DPLDS,and SUM.If comments identify errors or other necessary changes
to the EIR, Harris will prepare an Errata chapter for inclusion in the Final EIR.
Harris&Associates,Inc. i Proposal to Prepare CEQA EIR for the Secrets Unsealed Project S of 7
EXHIBIT B PAGE 5
For the purposes of estimating costs, it is assumed that approximately 20 unique comments will be received and that no
additional analysis will be required. This scope assumes preparation of one draft of the responses for review and a final
version in electronic format.
Task D-2.Administrative Final EIR and MMRP
Harris will prepare an Administrative Final EIR,which will include an introductory chapter providing a summary of the
project,the public review period,and the organization of the EIR.All comment letters and responses will be included. If any
revisions to the EIR are necessary based on public comments,an Errata Chapter will be included.Public notices and the
distribution list will be appended.Harris will provide a Word document to the County for review.Depending on the number
and length of comment letters,they may or may not integrated into this administrative draft document to reduce the file
size.It is assumed that the County will forward the document to DPLDS and SUM and review any applicant comments prior
to returning the document to Harris for response.This scope assumes that only one electronic draft will be prepared,any
conflicting comments will be resolved,and comments will not result in substantial changes or additional analyses.
Additionally,we will prepare the Mitigation Monitoring and Reporting Program(MMRP)in tabular format,and seek County,
DPLDS, and SUM input to determine appropriate monitoring/reporting responsibilities.This scope of work assumes we will
prepare one draft and final version of the MMRP.
Task D-3. Screen Check Final EIR and MMRP
Harris will address comment from the County,DPLDS,and SUM and create a Screen Check Final EIR.This version will
include letters in the file.To facilitate resolution of all comments,it may be necessary to conduct a live edit via Teams or
Zoom.This scope assumes that any additional comments will be minor.
Task D-4. Final EIR and MMRP
Harris staff will prepare the Final EIR,provide an electronic copy to the client team,provide 13 hard copies of the Final EIR and
20 USB thumb drives for the County to distribute,and upload the Final EIR to the SCH via CEQA Submit.This scope also assumes
that the County will be responsible for any additional noticing, distribution, and posting on the County's website.Per CEQA
Guidelines Section 15089,the lead agency shall prepare a final EIR before approving the project and may provide an opportunity
for review of the final EIR by the public or by the commenting agencies before approving the project.The review of a final EIR
should focus on the responses to comments on the Draft EIR.
This scope does not include preparation of the Findings or, if required, Statement of Overriding Considerations. The
determination to prepare an EIR is based on public controversy and involvement.It is anticipated that all significant impacts can
be mitigated to a less than significant level,and therefore these documents are not required.Should it be determined that they
are necessary,this task can be added.
• Response to Comments Table(electronic—Excel)
• Administrative Final EIR and MMRP(electronic—Word)
• Screen Check Final EIR and MMRP(electronic—Word and pdf)
• Final EIR and MMRP(electronic—Word and pdf,20 USB drives,13 hard copies)
Task,D-5. Planning Commission Meeting Support
Harris project manager will attend one planning commission meeting virtually to assist with any questions related to the
CEQA document.If additional support or in person attendance is needed,this task will need to be revisited.
Task D-6. Board of Supervisors Meeting Support(Optional)
Harris project manager will attend one Board of Supervisors meeting virtually to assist with any questions related to the CEQA
document.If additional support or in person attendance is needed,this task will need to be revisited.
Harris&Associates,Inc. ■ Proposal to Prepare CEQA EIR for the Secrets Unsealed Project 6 of 7
EXHIBIT B PAGE 6
Deliverable E: Notice of Determination and Administrative Record (Optional)
Task E-1. Notice of Determination (Optional)
Assuming the County approves the project, Harris will prepare the Notice of Determination(NOD)and submit it to the SCH.
It is assumed the County will submit the NOD to the County Clerk,and SUM will pay any required filing fees.The NOD must
be filed within five working days of the County's decision on the project to start the 30-day statute of limitations for legal
challenge. As of January 1,2025,the filing fee for an EIR is$4,123.50,in addition to a$50 county administrative fee.
Task E-2.Administrative Record(Optional)
In addition to compiling the references as part of the EIR(Task C-2),Harris project management and publications staff,in
coordination with technical specialists will compile and organize the administrative record.The record will include copies of
all references cited in the EIR,including websites and communications,in pdf format,with an Excel spreadsheet index
tracking citation and reference.
• Notice of Determination(electronic—pdf)
• Administrative Record(electronic—pdf of reference,excel spreadsheet index)
COST ESTIMATE
The cost estimate for the Work Plan and Scope of Work described above is$154,200,excluding optional tasks.A detailed cost
accounting is available upon request.Below is the cost breakdown by deliverable,with optional tasks in parentheses.
■ Deliverable A:$16,205
■ Deliverable B:$77,395
■ Deliverable C:$22,505
■ Deliverable D:$38,095($1,060)
■ Deliverable E:($7,005)
We look forward to reviewing the scope of work and cost estimate with you and making appropriate adjustments.
Please do not hesitate to contact us with questions.We are excited to work with you on this interesting project.
Sincerely,
Harris&Associates,Inc.
Kate Elliott Shahira Ash(kar
Director, Environmental Planning+Compliance Senior Project Manager
Kate.Elliott@WeAreHarris.com Shahira.Ashkar@WeAreHarris.com
Harris&Associates,Inc. ® Proposal to Prepare CEQA EIR for the Secrets Unsealed Project 7 of 7
EXHIBIT B PAGE 7
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