HomeMy WebLinkAboutMINUTES - 09212010 - C.17RECOMMENDATION(S):
APPROVE and AUTHORIZE the Chair, Board of Supervisors, as governing board of the
Flood Control & Water Conservation District, to EXECUTE a consulting services
agreement in an amount not to exceed $52,933, with Tetra Tech Inc., to complete work on
updating the multi-jurisdictional County Local Hazard Mitigation Plan for flooding and
earthquake hazard risks utilizing the new FEMA flood hazard mapping, for the period
beginning January 1, 2010, through December 31, 2011, Countywide. (75% FEMA Grant
and 25% Flood Control District Funds) Project No. 7505-6F8227
FISCAL IMPACT:
There is no impact to the County General Fund. This project is funded by FEMA (75%) and
Flood Control District (25%) funds.
BACKGROUND:
On August 10, 2007, the Governors Office of Emergency Services, Hazard Mitigation
Branch, notified the Public Works Director that FEMA selected the County Hazard
Mitigation grant for funding. The performance period was scheduled to end July 24, 2010,
and has been extended
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/21/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Rich Lierly 313-2348
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: September 21, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: Mitch Avalon, Rich Lierly
C.17
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:September 21, 2010
Contra
Costa
County
Subject:Tetra Tech Inc agreement to complete work on updating the Multi-Jurisdictional Hazard Mitigation Plan for
flood and earthquake
BACKGROUND: (CONT'D)
to July 24, 2011. The grant total is $224,998 of which FEMA will fund 75%.
On April 8, 2008, the Board of Supervisors authorized a Consulting Services Agreement
for this work with Tetra Tech Inc. that expired on December 31, 2009. For reasons
beyond our control the work was not completed by this date. This board order will
authorize a new Consulting Services Agreement to complete the project to FEMA’s
standards and in compliance with the FEMA grant. No new funds are required and the
original Scope of Work remains the same. The remaining open work items are detailed in
the attached “Service Plan” and “Scope of Work”.
The Consultant will complete work required to update the flood and earthquake sections
of the Contra Costa County Local Hazard Mitigation Plan (LHMP). The Disaster
Mitigation Act of 2000 (DMA 2000) encourages and rewards agencies who do
pre-disaster planning which promotes sustainability, with the overall goal of the
strengthening the statewide hazard mitigation program. This enhanced planning approach
enables local governments to articulate accurate and specific needs for hazard mitigation,
resulting in faster and more efficient allocation of funding and more effective risk
reduction projects.
Since the indemnity clause of the Consultant Agreement differs from the standard, the
County Counsel’s office requested that the Board of Supervisors be made aware of the
changes. The changes have been approved by the Public Works Director. They are as
follows:
1. Indemnification Paragraph 18 (Indemnification) of the General Conditions is hereby
modified as follows:
Contractor will defend, indemnify, save, and hold harmless County and its officers and
employees from any and all claims, demands, losses, costs, expenses, and liability for
any damages, fines, sickness, death, or injury to person(s) or property, including any and
all administrative fines, penalties or costs imposed as a result of an administrative or
quasi-judicial proceeding, arising directly or indirectly from or connected with the
services provided hereunder that are caused, or claimed or alleged to be caused, in whole
or in part, by the negligence or willful misconduct of Contractor, its officers, employees,
agents, contractors, subcontractors, or any persons under its direction or control. If
requested by County, Contractor will defend any such suits at its sole cost and expense. If
County elects to provide its own defense, Contractor will reimburse County for any
expenditures, including reasonable attorney’s fees and costs. (Removed language
"Contractor’s obligations under this section exist regardless of concurrent negligence or
willful misconduct on the part of the County or any other person; provided, however, that
Contractor is not required to indemnify County for the proportion of liability a court
determines is attributable to the sole negligence or willful misconduct of the County, its
officers and employees.") This provision will survive the expiration or termination of this
Contract.
The Board of Supervisors approved this language with the prior contract approval on
April 8, 2008.
CONSEQUENCE OF NEGATIVE ACTION:
If the Tetra Tech Inc. Agreement is not approved, the FEMA funds will not be used, and
the County will not meet the obligations of the FEMA grant.
ATTACHMENTS
Tetra Tech Contract