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CM-2024-029 - 1/26/20244871-4313-7425/ss2 CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES RELATED TO HAZARD MITIGATION WITH H2O PARTNERS, INC. THE STATE OF TEXAS § § THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS AGREEMENT for professional consulting services related to hazard mitigation (the “Agreement’), is made by and between the CITY OF ROUND ROCK, a Texas home-rule municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664- 5299 (the “City”), and H2O PARTNERS, INC., located at 260 Addie Roy Road, Suite 150, Austin, Texas 78746 (the “Consultant”). RECITALS: WHEREAS, consulting services pertaining to hazard mitigation are desired by the City; and WHEREAS, City desires to contract with Consultant for said hazard mitigation services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder. NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. B. This Agreement shall terminate upon successful completion of the services set forth herein. C. City and the Consultant reserve the right to review the Agreement at any time, and may elect to terminate the Agreement with or without cause or may elect to continue. CM-2024-029 2 2.0 SCOPE OF SERVICES Consultant has issued its proposal for services, such proposal for services being attached to this Agreement as Exhibit “A” titled “Scope of Services,” which shall be referred to as the Scope of Services of this Agreement and incorporated herein by reference for all purposes. Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit “A.” Consultant shall perform services in accordance with this Agreement, in accordance with the appended Scope of Services and in accordance with due care and prevailing consulting industry standards for comparable services. 3.0 LIMITATION TO SCOPE OF SERVICES Consultant’s undertaking shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant and City agree that the Scope of Services to be performed is enumerated in Exhibit “A” and herein, and may be increased during the term of the Agreement, but only with a written Supplemental Agreement executed by both parties as described in Section 9.0. 4.0 CONTRACT AMOUNT In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant an amount not-to-exceed Forty-Five Thousand Three Hundred Seventy-Five and No/100 Dollars ($45,375.00) to be paid as set forth in Exhibit “A” and herein. 5.0 INVOICE REQUIREMENTS AND TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to the City, in accordance with the delineation contained herein, for services rendered. Such invoices for professional services shall track the referenced Scope of Work, and shall detail the services performed, along with documentation for each service performed. Payment to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by the City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by the City relative to service deliverables, Consultant shall comply promptly. In this regard, should the City determine it necessary, Consultant shall make all records and books relating to this Agreement available to the City for inspection and auditing purposes. Payment of Invoices: The City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 7.01 herein. Under no circumstances shall Consultant be entitled to 3 receive interest on payments which are late because of a good faith dispute between Consultant and the City or because of amounts which the City has a right to withhold under this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant’s net income. 6.0 INSURANCE Consultant shall meet all City of Round Rock Insurance Requirements set forth at: https://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr_insurance_07.20112.pdf 7.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the City to Consultant will be made within thirty (30) days of the date the City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date the City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the “rate in effect” on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by the City in the event: (a) There is a bona fide dispute between the City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or (c) The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with federal funds; or (d) The invoice is not mailed to the City in strict accordance with any instruction on the purchase order relating to the payment. 8.0 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of the City’s current revenues only. It is understood and agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the services as determined by the City’s budget for the fiscal year in question. The City may affect such termination by giving Consultant a written notice of termination at the end of its then- current fiscal year. 4 9.0 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or by the City Manager, if the City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and the City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 10.0 TERMINATION AND DEFAULT Termination: It is agreed and understood by Consultant that the City or Consultant may terminate this Agreement for the convenience of the City or Consultant, upon thirty (30) days’ written notice to Consultant or City, with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this Project shall become the property of the City upon termination of this Agreement, and shall be promptly delivered to the City in a reasonably organized form without restriction on future use. Should the City subsequently contract with a new consultant for continuation of service on the Project, Consultant shall cooperate in providing information. Termination of this Agreement shall extinguish all rights, duties, and obligations of the terminating party and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the Party provides the other Party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the Parties). If default results in termination of this Agreement, then the City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to the City, the cost to the City of employing another firm to complete the useable work, and other factors will affect the value to the City of the work performed at the 5 time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the terminated Party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 11.0 NON-SOLICITATION Except as may be otherwise agreed in writing, during the term of this Agreement and for twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months by the other or any affiliate of the other if such person was involved, directly or indirectly, in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 12.0 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the City’s employee. Consultant’s employees or subcontractors are not the City’s employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and the City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and the City shall not hire, supervise, or pay assistants to help Consultant. (5) Neither Consultant nor its employees or subcontractors shall receive training from the City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. 6 (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the City. 13.0 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by the City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that the City is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to the City’s business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Consultant’s proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. The City’s confidential information and Consultant’s confidential information is collectively referred to as “Confidential Information.” Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party’s prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party’s Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the “Disclosing Party”) which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released by the Disclosing Party to any other person or entity (including governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant’s confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. 7 Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant’s confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Neither the City nor Consultant will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party’s exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything to the contrary in this Agreement, the City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for the City and delivered to the City under the terms of this Agreement (the “Deliverables”); and Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of services under this Agreement (other than Deliverables). Consultant shall have the right to retain copies of the Deliverables and other items for its archives. Consultant’s working papers and Consultant’s Confidential Information (as described herein) shall belong exclusively to the Consultant. “Working papers” shall mean those documents prepared by Consultant during the course of performing the Project including, without limitation, schedules, analyses, transcriptions, memos, designed and developed data visualization dashboards and working notes that serve as the basis for or to substantiate the Project. In addition, Consultant shall retain sole and exclusive ownership of its know-how, concepts, techniques, methodologies, ideas, templates, dashboards, code and tools discovered, created or developed by Consultant during the performance of the Project that are of general application and that are not based on City’s Confidential Information hereunder (collectively, “Consultant’s Building Blocks”). To the extent any Deliverables incorporate Consultant’s Building Blocks, Consultant gives City a non- exclusive, non-transferable, royalty-free right to use such Building Blocks solely in connection with the deliverables. Subject to the confidentiality restrictions mentioned above, Consultant may use the deliverables and the Building Blocks for any purpose. Except to the extent required by law or court order, City will not otherwise use, or sublicense or grant any other party any rights to use, copy or otherwise exploit or create derivative works from Consultant’s Building Blocks. City shall have a non-exclusive, non-transferable license to use Consultant’s Confidential Information for City’s own internal use and only for the purposes for which they are delivered to the extent that they form part of the Deliverables. 14.0 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industrial standards, and shall be performed in a professional and workmanlike manner. Consultant shall re-perform any work not in compliance 8 with this representation. 15.0 LIMITATION OF LIABILITY Should any of Consultant’s services not conform to the requirements of the City or of this Agreement, then and in that event the City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re-perform such services to the City’s satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein, then this Agreement may be terminated for default. In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by the City, its directors, employees or agents. Neither party’s liability, in contract, tort (including negligence) or any other legal or equitable theory, (a) shall exceed the professional fees paid or due to Consultant pursuant to this Agreement or (b) include any indirect, incidental, special, punitive or consequential damages, even if such party has been advised of the possibility of such damages. Such excluded damages include, without limitation, loss of data, loss of profits and loss of savings of revenue. 16.0 INDEMNIFICATION Consultant shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Agreement, which are caused by or which result from the negligent error, omission, or negligent act of Consultant or of any person employed by Consultant or under Consultant’s direction or control. Consultant shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys’ fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Consultant, its agents, or employees. 17.0 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party’s prior written approval, which approval shall not be unreasonably withheld. 18.0 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. The City will not do the following: 9 (1) Withhold FICA from Consultant’s payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant’s behalf; or (3) Withhold state or federal income tax from any of Consultant’s payments. If requested, the City shall provide Consultant with a certificate from the Texas State Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 19.0 COMPLIANCE WITH LAWS, CHARTER, AND ORDINANCES A. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights required in the performance of the services contracted for herein, and same shall belong solely to the City at the expiration of the term of this Agreement. B. In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of a contract. The signatory executing this Agreement on behalf of Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term of this Agreement. 20.0 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 21.0 DESIGNATION OF REPRESENTATIVES The City hereby designates the following representative authorized to act on its behalf with regard to this Agreement: Cheree Smith, Emergency Management Coordinator Fire Department 203 Commerce Boulevard Round Rock, TX 78664 (512) 341-3106 cheree.smith@roundrocktexas.gov 10 22.0 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to recipient’s address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient’s address as stated in this Agreement. Notice to Consultant: Heather Ferrara, Mitigation Programs Manager H2O Partners, Inc. 260 Addie Roy Road Suite 150 Austin, TX 78746 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 AND TO: Stephanie L. Sandre, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 23.0 APPLICABLE LAW, ENFORCEMENT, AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 24.0 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any 11 other writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 25.0 DISPUTE RESOLUTION The City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 26.0 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 27.0 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to the City and according to generally accepted business practices. 28.0 GRATUITIES AND BRIBES City, may by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any City Officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code. 29.0 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party’s intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the 12 reasonable time specified when demand is made, then and in that event the demanding party may treat such failure an anticipatory repudiation of this Agreement. 30.0 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services in a timely manner may constitute a material breach of the Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant’s failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant’s payments hereunder without a waiver of any of City’s additional legal rights or remedies. City shall render decisions pertaining to Consultant’s work promptly to avoid unreasonable delays in the orderly progress of Consultant’s work. Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. The City agrees to provide Consultant with one fully executed original. [Signatures on the following page.] 13 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. City of Round Rock, Texas H2O Partners, Inc. By: _____________________________ By: _______________________________ Eric Howard, Vice President Title: ____________________________ Date Signed: ______________________ Date Signed: ________________________ For City, Attest: By: _____________________________ Meagan Spinks, City Clerk For City, Approved as to Form: By: _____________________________ Stephanie L. Sandre, City Attorney Eric Howard 01/17/2024 Stephanie L. Sandre City Manager 01/28/2024 Updated January 8, 2024 CONFIDENTIAL i Table of Contents APPROACH AND TIMELINE ............................................................................................................................ 1 Task One – Project Overview and Data Collection ................................................................................... 2 Task Two – Public and Stakeholder Engagement, Public Outreach Plan ................................................. 3 Task Three – Capability Assessment ......................................................................................................... 4 Task Four – Risk Assessment .................................................................................................................... 5 Task Five – Vulnerability Assessment ....................................................................................................... 6 Task Six – Develop Mitigation Strategies, Actions, and Objectives .......................................................... 7 Task Seven – Finalize and Submit the Mitigation Action Plan .................................................................. 9 Estimated Timeline ................................................................................................................................... 9 COST PROPOSAL .......................................................................................................................................... 11 Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 1 APPROACH AND TIMELINE The City of Round Rock’s hazard mitigation initiative will benefit from H2O Partners’ experience, expertise, and proven technical approach. The technical approach and project schedule presented in this section are designed to best serve City residents. In close coordination with City of Round Rock leadership, H2O Partners will develop a Plan that complies with the requirements set forth in solicitation event FY23-067 – Hazard Mitigation Plan (HMP). The Plan will include all required elements, as defined in the FEMA Local Mitigation Planning Policy Guide (April 2022). It will meet or exceed the Final rule for local mitigation planning found in 44 CFR, Section 201 and will attain FEMA approval and meet the guidelines issued by TDEM. Engaging local stakeholders early in the planning process, H2O will work with community leaders and residents to assess natural hazards in the Plan that coordinate with the current FEMA-approved State of Texas Hazard Mitigation Plan. The Plan will adequately address all natural hazards with any probability of occurrence in the City of Round Rock, including flood, drought, and wildfires. In developing a Hazard Mitigation Plan, H2O Partners: • Establishes an open and collaborative planning process and facilitates planning meetings; • Identifies and assesses natural and human-caused hazards that threaten the area; • Profiles hazards based on their severity of impact, frequency of occurrence, seasonal patterns, warning time, and cascading potential; • Using Geographic Information Systems-based analyses (ArcGIS), conducts an inventory of populations, buildings, critical and special facilities and commercial facilities at risk; • Estimates probability of occurrence and potential dollar losses from hazards; • Develops the mitigation vision, goals and long-term objectives for the Plan; • Prioritizes the hazards in terms of potential dollar losses and their likelihood of occurrence, spatial extent, and severity of impact; • Assists in examining previous and current mitigation projects; • Develops and prioritizes mitigation actions unique to the planning area as a whole, to reduce the long-term risk to people and property; • Examines how mitigation projects will be integrated into existing planning mechanisms and the budgetary process; • Conducts public meetings and stakeholder outreach to gain input into the planning process; • Documents all meetings, advertisements, and public feedback; • Develops plan maintenance procedures; • Obtains State and FEMA Plan approval and, • Assists in the Plan adoption process Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 2 Established methodology. H2O Partners will tailor our phased methodology to meet the City of Round Rock’s needs, providing hands-on service from kickoff through Plan adoption. Task One – Project Overview and Data Collection 1.1 Planning Team Organization, Development and Documentation of the Planning Process H2O Partners will work with the City of Round Rock to develop the Planning Team. The Planning Team may include local elected officials; representatives from key departments including but not limited to parks and recreation, public safety, public works, agriculture, environmental health and safety, business and economic development, risk and emergency management, telecommunications and information systems, municipal, county and state government, health care, insurance, and institutions such as the American Red Cross; and any additional key staff that can provide input into the planning process pertaining to the community’s future growth, transportation, utilities, and enforcement of ordinances, codes, and regulations. Additional sub-committees may be established for the purposes of reviewing various sections of the Plan and to provide subject matter expertise to H2O Partners. The Planning Team will work with H2O Partners to review and discuss the scope of work, Plan development, Plan objectives, responsibilities for specific tasks, and timeline and process for documentation of time and resources spent on Plan development. 1.2 Conduct Project Kick-Off Workshop and Outreach Throughout the planning process, H2O Partners will conduct three public workshops. The initial workshop is the Kick-Off Workshop. The purpose of the Kick-Off Workshop is to discuss the proposed planning effort and to obtain an initial understanding of any concerns and issues regarding hazard mitigation, preparedness and sustainable development. The initial workshop will be used to discuss the Plan requirements, timetable, proposed strategy, public participation, and obtain feedback to help refine the process. Prior to the Kick-Off Workshop, H2O Partners will confer with the Planning Team to discuss and develop a contact list, hazards list for consideration, meeting dates and documents, and other pertinent information. H2O Partners will host multiple workshops throughout the planning process to ensure maximum participation by local elected officials, planners, stakeholders and the public. H2O Partners will develop notices for Kick-Off Workshop and provide these to the Planning Team at least two weeks in advance of the date. Invitees will include all members of the Planning Team and additional stakeholders such as elected officials; key community leaders; representatives from various local, county, and state agencies; Floodplain Administrators; Emergency Management Coordinators; Fire and Police Department Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 3 representatives; and members from the private sector, academia, medical facilities, neighboring communities, businesses, and the general public. In keeping with new FEMA guidance, each of the following stakeholders also will be presented an opportunity to participate: local and regional agencies involved in hazard mitigation (public works, emergency management, local floodplain administration, GIS departments); agencies that have authority to regulate development (zoning, planning, community and economic development departments, building officials, planning commissions); neighboring communities (local governments, special districts); representatives of businesses, academia and other private organizations; and representatives of nonprofit organizations, including community-based organizations that work directly with and/or provide support to underserved communities and socially vulnerable populations. 1.3 Proposed Format Development and Planning Process Documentation The Plan will include the identification of stakeholders, public participation, risk assessment, hazard identification, and mitigation actions for the City of Round Rock. Specifically, the Plan will include an executive summary; brief introduction, including context for and description of the need for the Plan; disaster loss history; description of the physical setting, history, land use patterns, and development trends of the Planning Area; list and assessment of the hazards and risks to which the City is vulnerable; summary of current federal, state and local programs and policies that address the identified risks; statement of the Plan goal and objectives; prioritized list of recommended strategies, programs, policies and actions to address identified hazards and risks, persons responsible for implementing recommendation, cost effectiveness of recommendations, and suggested timeline for implementing recommendations; a Plan Review section identifying a strategy for the next five years for evaluating, revising, and implementing the Plan; documentation of public participation in Plan development; documentation that the City has met the requirements of the Disaster Mitigation Act of 2000; other documentation and Plan elements as required to meet TDEM and FEMA approval; and all relevant maps, graphs charts pictures and GIS data to support document text. H2O Partners will document participation in the Plan through meeting minutes, record of attendees, and summaries, and electronic communications. The Plan will indicate who was involved in the current planning process; how the public was involved; and describe how others, who did not actively participate in the Plan, were made aware of the planning process. The body of the Plan will be restricted to a narrative with supporting summary tables, maps, and charts. Technical and supportive material and data will be included in the appendices. The implications of data provided in tables, maps, or charts will be clearly stated in the narrative to demonstrate the connection between vulnerabilities and proposed mitigation actions. Task Two – Public and Stakeholder Engagement, Public Outreach Plan H2O Partners will develop and implement a public engagement strategy and a public outreach plan for public and stakeholder involvement that will describe methods utilized by the Planning Team to ensure the public has multiple opportunities to participate in the planning process. The strategy will include surveys, press releases, website postings, multiple public meetings and workshops held at the beginning, mid-point, and conclusion of the planning process. Outreach will be conducted on an on-going basis with local elected officials, the media, members of the private sector, such as school systems and strategic partners throughout the Planning Area. Periodic Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 4 updates will be provided to the media and key stakeholders about the planning process and how they can participate. This will help ensure that the federal and state public participation requirements are fully met. Notices will also be made available for posting on the City’s website. 2.1 Public Meetings H2O Partners has extensive experience working with elected officials and the general public to build consensus for mitigation projects and actions. Public meetings will be designed to attract a large cross- section of individuals from both the private and public sectors of the Planning Area, including local businesses, non-profit organizations, schools, and medical facilities. To ensure the public has additional opportunity to participate and that the City’s planning process exceeds FEMA requirements, public meetings will be conducted in conjunction with the Kick-off, Risk Assessment, and Mitigation Workshops, to gather input from the general public and elected officials at the beginning, middle, and near the end of the planning process. These meetings will ensure that the input and insights of members of the general public are available to H2O Partners and the Planning Team, and the public has an opportunity to provide comments on the draft Plan prior to approval. H2O Partners and the Planning Team will provide an announcement for the public meetings in prominent areas for the public and solicit involvement from the general public and stakeholder organizations. Announcements will be posted well in advance online, in local papers, and at government and public buildings. 2.2 Development of a Hazard Survey and Analysis of Results A Hazard Survey will be developed and distributed at public meetings and posted on relevant City websites. The survey will seek information from the public about hazards that have impacted them in the past and those that they feel will have the greatest impact in the future. The survey results will be compiled and included in the Plan. Task Three – Capability Assessment The capability assessment has two primary components: an inventory of relevant plans, including local comprehensive plans, ordinances, capital improvement plans, warning systems, public education initiatives, local building codes and zoning ordinances, Floodplain Management Plans, relevant studies and reports and other technical information; and an analysis of the capacity to integrate these planning mechanisms into a comprehensive mitigation strategy. Careful examination of local capabilities will detect any existing gaps, shortfalls or weaknesses with ongoing government activities that could hinder proposed mitigation activities and possibly exacerbate community hazard vulnerability. The capability assessment will also highlight the positive mitigation measures already in place or being implemented at the local government level, which should continue to be supported and enhanced through future mitigation efforts. H2O Partners will develop the capability assessment survey and provide it to the City so that we can collect information about lessons learned from any previous mitigation activities in the Planning Area, along with perceived changes in hazards. We will document the information gathered in the survey and will evaluate the City’s capabilities, considering previous state, regional, and local plans and accounting for all FEMA regulations and development requirements. Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 5 The effectiveness of previous mitigation actions will be evaluated to identify areas where improvement is needed. The information gathered during the capability assessment will be documented and used as a resource when determining the types of policies and projects to be developed. Task Four – Risk Assessment There are several elements of a risk assessment including hazard identification and profiling. H2O Partners will collect the best available data to complete the risk assessment. This includes reviewing the hazard data from the State of Texas Hazard Mitigation Plan, relevant and available maps, existing and nearby plans, studies and reports, and other references. Local anecdotes of significant hazard events within the past five years will also be researched as part of the data collection process. H2O Partners will review any existing Hazard Analysis and verify existing hazards or identify additional hazards including but not limited to flood, tornado, extreme wind, extreme heat, wildfire, severe winter storm, dam and levee failure, drought, expansive soils, hail and lightning. Several data sources will be investigated for hazard information, including but not limited to FEMA; U.S. Army Corps of Engineers (USACE); U.S. Fire Administration; U.S. Geological Survey (USGS), National Oceanic and Atmospheric Administration (NOAA); the State of Texas Hazard Mitigation Plan; Texas Water Development Board (TWDB)Texas Commission on Environmental Quality (TCEQ), Texas Department of Transportation (TxDOT), National Center of Environmental Information, and other local, state and federal data as available. The risk assessment will also include a description of the City’s participation in the National Flood Insurance Program (NFIP) and efforts to join the Community Rating System (CRS) program. Information including the type and number of repetitive and severe repetitive loss structures, policies in force, total dollar amount for premiums, and claims information will be included in the Plan. Floodplain boundaries throughout the Planning Area will be depicted using the latest FEMA Digital Flood Insurance Rate Map (DFIRM) for the City. If FEMA has not created a flood map, H2O Partners will produce a digital flood map for the area using ArcGIS. Preliminary results will be presented to the Planning Team at the Risk Assessment Workshop, followed by a public meeting. 4.1 Background Research, Data Collection and Classification This subtask involves gathering and compiling all the necessary data (non-spatial and spatial) that will be needed to conduct a thorough hazard and risk evaluation. H2O Partners will coordinate with the Planning Team regarding GIS requirements. Data necessary for the hazard and risk evaluation will include, but is not limited to: • Base map data - including administrative boundaries, transportation networks, water areas and courses, hydrology, etc. • Hazard-specific data - including information such as Digital Elevation Models, climate and weather data, geology, soils, and flood zones, etc. • Critical Facilities – facilities that provide services to the community and should be functional after a hazard event. Critical facilities include hospitals, police stations, fire stations and schools. Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 6 • General Building Stock - including residential, commercial, industrial, agricultural, religious, government, and educational buildings; and the number, types, occupancy, and values of existing buildings. • Lifelines and Infrastructure – including the distinct classes of transportation systems and utility lifelines, to differentiate between varying lifeline system components with substantially different damage and loss characteristics. • Social/Demographic Characteristics - used to estimate direct social losses including vulnerable populations, displaced households, and potential casualties. Social and demographic information is derived from census data describing population characteristics including age, gender, income, housing and ethnic origin. These characteristics are important descriptors to define social vulnerability. H2O Partners will use the hazard and risk data obtained for the Planning Area in the development of the Plan. Additionally, information will be collected to show the changing environment and potential climate adaptation. Where necessary, the information will be compiled into a Geographic Information System (GIS). 4.2 Hazard Event Profile and Mapping Hazard Event Profiling will include reviewing and incorporating the Risk Assessment from the State of Texas Hazard Mitigation Plan, and nearby jurisdictions, in addition to Repetitive Loss Plans, Emergency Management Plans, and Floodplain Management Program Activities. The profile will include a definition and description of the hazard, historical occurrences, extent or severity of impact, location, vulnerability, and future probability. The development of hazard and damage profiles is an important step in evaluating the changed frequency and impact of risks for the Planning Area. Skilled H2O Partners personnel will conduct statistical analysis to relate frequency to intensity. This will allow an analysis of variations of intensity within each type of hazard event and determine the probability and frequency of future events. By developing hazard intensity-frequency relationships for each hazard, the team will determine: • The likelihood or probability of the natural hazard occurring, measured in terms of frequency (i.e., annual probability) or return period (i.e., years); and • The intensity associated with the event, which refers to the damage-generating attributes of a hazard. Where necessary or previously unavailable, H2O Partners will produce a series of natural hazard maps to demonstrate historical occurrences. These maps will provide a spatial understanding including the location and extent of hazard intensity. Geo-spatial tools such as ArcGIS will be utilized to produce customized maps for hazards with a defined boundary such as flood and wildfire hazards. H2O Partners will produce all maps included in the Plan at the local level to ensure sufficient detail is conveyed for each hazard. Task Five – Vulnerability Assessment H2O Partners will conduct an up-to-date vulnerability analysis to determine the potential for detrimental impacts of hazards on critical facilities, general building stock, lifelines and infrastructure, Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 7 populations and economic and financial assets. This analysis will provide the City with a risk assessment approach that is consistent with the Disaster Mitigation Act of 2000, FEMA and TDEM criteria. Specifically, H2O Partners will estimate damages in terms of potential dollar losses to property and populations. Methodologies for the impact and consequence assessment will be well documented to assure replication and data tabulations and map(s) that illustrate the potential losses in the hazard impact areas will be developed. These include, but are not limited to: • Critical facilities • Physical building damage • Loss of functionality • General building stock classified by the following occupancies: residential, commercial, industrial, agricultural, religious, government, and educational buildings • Lifelines and infrastructure classified into transportation lifelines and utility lifelines. The impacts will be calculated for each lifeline class, including Physical Damage and Functionality of System • Social/demographic characteristics - Vulnerable populations 5.1 Estimate Losses H2O Partners will utilize ArcGIS and other information technologies to aggregate data to be portrayed on both maps and spreadsheets to demonstrate the change in risk assessment estimates and will show potential damages, injuries and annualized losses per hazard, within specific areas and across the entire Planning Area. The risk assessment will provide the probability of future occurrences and the potential impact for each hazard. The risk assessment will include a full analysis of: • Number, types, and occupancy of existing buildings • Populations, infrastructures, and natural resources at risk • Repetitive loss, and severe repetitive properties • Economic impact of potential loss • Land use and development trends This comprehensive risk methodology provides the mechanism for City officials to target limited resources to those areas that have the highest vulnerability to natural hazards. The quantitative assessment provides a basis of current risks to the Planning Area. H2O Partners will develop and explain a rate and ranking system that describes the vulnerability and potential impact for each hazard for the Planning Area. This information can facilitate sustainable risk management decisions to implement future planning and development projects. It also provides a basis to assess changing vulnerability due to growth and development patterns. H2O Partners will work closely with the Planning Team to develop, communicate, and present the results of the Capability, Vulnerability, and Risk Assessments to key stakeholders. Task Six – Develop Mitigation Strategies, Actions, and Objectives Based on background research, the risk assessment, and input received, H2O Partners and the Planning Team will focus on developing a mitigation strategy that will reduce the impact of current hazards to be included in the Plan. This strategy will be developed at the Mitigation Workshop. Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 8 H2O Partners will work with the Planning Team and stakeholders to identify mitigation goals, objectives, and specific mitigation actions. The mitigation strategy session will include a discussion of the status of pre-and post-disaster hazard management policies, programs and capabilities to mitigate hazards in the areas. Strategies will be consistent with parameters identified in the capability assessment and will identify, analyze, and prioritize action items related to continued compliance with NFIP. 6.1 Review and Analysis of Previous Mitigation Actions Existing policies, plans, practices and programs will be collected from the City and analyzed. Sources of information will include: Hazard Mitigation Grant Projects; Public Assistance program projects; FEMA; U.S. Army Corps of Engineers (USACE); U.S. Fire Administration; National Oceanic and Atmospheric Administration (NOAA); TDEM; State of Texas Hazard Mitigation Plan; flood insurance studies and reports; identification of the type and date of current floodplain maps and repetitive loss properties. Following the mitigation strategy development, H2O will work with the City to develop and prioritize new mitigation actions during the Mitigation Workshop. 6.2 Create a Mitigation Action Plan Based on the background research, the risk assessment described in previous steps, and input received, H2O Partners will assist the Planning Team in prioritizing mitigation actions that will reduce the impact of current hazards to be included in the Plan. The mitigation strategy will include a discussion of the status of pre-and post-disaster hazard management policies, programs and capabilities to mitigate the hazards in the areas. Strategies will be consistent with parameters identified in the capability assessment, should reflect the priorities of the Planning Area, and be reasonable and achievable. At least two actions, of different types, will be identified for the City. Community officials will determine the feasibility for implementation of each policy or project after an examination of the proposed actions. H2O Partners will coordinate with the Planning Team to prioritize the mitigation actions based upon the STAPLEE method, which requires participants to review each potential action in light of social, technical, administrative, political, legal, economic, and environmental factors, including: • Their potential impact in reducing overall risk to lives and property from all hazards; • Ease of implementation; • Community and political support; and • Potential funding sources Based on these factors, mitigation actions will be characterized as high, moderate or low priority, the lead agency and personnel responsible for implementation, potential funding sources, and an implementation timeline. The latest version of the FEMA Action Worksheet will be used to document each selected mitigation action, and the problem being addressed by the mitigation action; the range of potential actions considered and rejected, with a brief explanation of why the potential actions were rejected; the specific action intended for implementation including the name and number for the action, its full Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 9 description, and a summary of why the action was selected; and identify the lead organization responsible for the implementation, the priority assigned to the action, a timeline for completing the action, potential funding sources, and the identification of appropriate planning mechanisms that will facilitate implementation and ensure the action integrated into existing governance processes and procedures. Task Seven – Finalize and Submit the Mitigation Action Plan Based on planning efforts, H2O will develop draft a Mitigation Action Plan for the City of Round Rock. The Plan will comply with all State and Federal requirements and include: • Documentation of planning processes, policies, capabilities and involvement of the public; • A section on Hazard Identification and Risk Assessment including updated maps, census data, geography, and risk variance; • Mitigation vision, goals and objectives; • Mitigation actions and strategies specific to the Planning Area including prioritized list of actions and implementation plans, to include costs, benefits, responsible organization, implementation schedule, priority, and potential funding sources; and • Documentation that the City will formally adopt the Plan. 7.1 Mitigation Action Plan Submittal, Approval, and Adoption H2O Partners will provide a draft of the Plan to the Planning Team for review and comments. All Planning Team members will have at least one month to review the Plan and provide comments back to H2O Partners. Once all revisions are received and incorporated, H2O Partners will complete and submit the FEMA review tool, along with a draft of the Plan to the Texas Division of Emergency Management (TDEM) for review. The FEMA review tool will identify the page number where criteria have been met in the Plan. The Planning Team will receive notice and a digital copy of the draft Plan once submitted to TDEM. After TDEM conducts its initial evaluation of the Plan, they will be forwarded to FEMA Region 6 in Denton, Texas for review and approval. Once FEMA approves the Plan, it becomes ‘Approvable Pending Adoption’ or (APA). H2O Partners will continue to assist in planning efforts until the adoption resolution is received and returned to TDEM. 7.2 Plan Maintenance H2O Partners will work with the Planning Team to develop a Plan Review section that will include a schedule for monitoring, evaluating, and updating the Plan and identify the elements or processes that will be employed. The Plan review section will describe the method and schedule to be used over the next five years to monitor, evaluate, and update the Plan, including a description of how the City, stakeholders, and general public will remain involved during the plan maintenance process. The Plan Review section will also include a description of the process and procedures by which the City can incorporate the requirements of the Plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. Estimated Timeline The project schedule below presents an estimated timeline for Plan development. Plan review and award dates are estimated and set by TDEM and FEMA. Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 10 Estimated Timeline – Hazard Mitigation Plan Month Service/Deliverables February – March 2024 ORGANIZE HAZARD MITIGATION PLANNING TEAM AND PROCESS: Organize Hazard Mitigation Planning Team and Develop Planning Process and Goals; Develop Capability Assessment and Conduct Kick- off Workshop and Public Meeting April – May 2024 DEVELOP RISK AND VULNERABILITY ASSESSMENT: Identify/ Review Hazards and Develop Risk Assessment Report and GIS Maps; Finalize Risk and Vulnerability Assessment; Conduct Risk Workshop and Public Meeting May – June 2024 CONDUCT MITIGATION STRATEGY DEVELOPMENT: Incorporate Information from Risk and Capability Assessment; Review/Analyze Previous Mitigation Actions; Conduct Mitigation Workshop and Public Meeting; Develop and Prioritize Mitigation Actions July – August 2024 DRAFT PLAN: Develop Draft of Plan; Submit to Hazard Mitigation Planning Team for Approval; Incorporate Edits September – October 2024 FINALIZE AND MAINTAIN PLAN: Finalize and Submit Plan to TDEM; TDEM Review; TDEM Approval; Submit to FEMA November 2024 – January 2025 FINAL APPROVAL: FEMA Approval Pending Adoption (APA); City Council Approval; Adoption by City of Round Rock Exhibit "A" Updated January 8, 2024 CONFIDENTIAL 11 COST PROPOSAL H2O Partners has provided a firm fixed cost proposal for the City of Round Rock’s Hazard Mitigation Plan Update project. The Grand Total amount provided in the Price Detail Table below covers all travel, supplies, and materials; all costs necessary to successfully complete the specified activities are included. Price Detail Table Description Amount DEVELOPING PLANNING PROCESS: Organize Planning Committee and Develop Planning Process and Goals; Develop Capability Assessment and Conduct Kick-off Workshop and Public Meeting $8,250 RISK AND VULNERABILITY ASSESSMENT: Identify/Review Hazards and Develop Risk Assessment Report and GIS Maps; Finalize Risk and Vulnerability Assessment; Conduct Risk Workshop and Public Meeting $11,500 MITIGATION STRATEGY DEVELOPMENT: Incorporate Information from Risk and Capability Assessment; Conduct Mitigation Workshop and Public Meeting; Develop and Prioritize Mitigation Actions $12,750 DRAFT, FINALIZE AND MAINTAIN PLAN: Develop draft of Plan; Submit to City for Approval; Incorporate Edits; Finalize and Submit Plan to TDEM; State Review and Approval; Submit to FEMA $10,500 FINAL PRESENTATION; FEMA APPROVAL; ADOPTION BY CITY OF ROUND ROCK $2,375 GRAND TOTAL $45,375 The fixed price Grand Total covers all activities for the City of Round Rock. Round Rock Independent School District or any additional community or entity that wishes to join the Plan Update can also be added for an additional $4,500. Exhibit "A"