HomeMy WebLinkAboutNBS Government Finance Group First Amendment To Agreement 10-19-23
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FIRST AMENDMENT TO
AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) is made and entered into as
of this ______ day of _______________, 2023, (Effective Date) amends the Agreement
entered into between the CITY OF FRESNO, a California municipal corporation
(hereinafter referred to as the “City”), and NBS Government Finance Group, a California
corporation (hereinafter referred to as “Consultant”).
RECITALS
WHEREAS, the City and Consultant entered into an agreement on
January 27, 2022, (“Agreement”) to provide Consulting services for Study for Various
Utility Connection and Capacity Fees (“Project”); and
WHEREAS, the Agreement is effective in full force through the earlier of complete
rendition of the services or December 30, 2023; and
WHEREAS, the City and the Consultant desire to extend the Agreement to
December 27, 2024; and
WHEREAS, with entry into this Agreement, the Consultant agrees the Consultant
has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the Parties agree that the aforesaid Agreement be amended
as follows:
1. The Term of Agreement is extended to December 27, 2024, and Time for
Performance is increased to 363 consecutive calendar days
2. Except as otherwise provided herein, the Agreement entered into by the
City and the Consultant on January 27, 2022, remains in full force and effect.
[Signatures appear on the next page.]
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IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Georgeanne A. White,
City Manager
Office of the Mayor & City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
CITY Clerk
By:
Date
NBS Government Finance Group,
a California Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Addresses:
CITY:
City of Fresno
Attention: Patricia Diep
Supervising Engineering Technician
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1609
FAX: (559) 498-4126
CONSULTANT:
NBS Government Finance Group
Attention: Michael Rentner
President
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Phone: (951) 296-1997
FAX: (951) 296-1998
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Michael Rentner
CEO
10/3/2023
10/29/2023
Tina M Your
10/30/2023
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective the ____ day of January 2022, by
and between the CITY OF FRESNO, a California municipal corporation (CITY), and NBS
Government Finance Group, a California Corporation (CONSULTANT).
RECITALS
WHEREAS, CITY desires to obtain professional consulting services for Study for Various
Utility Connection and Capacity Fees (Project); and
WHEREAS, CONSULTANT is engaged in the business of furnishing services as a utility
rate study consultant and hereby represents that it desires to and is professionally and legally
capable of performing the services called for by this Agreement; and
WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and
WHEREAS, this Agreement will be administered for CITY by its Director of Public Utilities
(Director) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and promises hereinafter contained to be kept and performed by the respective parties, it is
mutually agreed as follows:
1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the
services described in Exhibit A, including all work incidental to, or necessary to perform, such
services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above and shall continue in full force and effect through the earlier of
complete rendition of the services hereunder or December 30, 2023, subject to any earlier
termination in accordance with this Agreement. The services of CONSULTANT as described in
Exhibit A are to commence upon CITY’S issuance of a written “Notice to Proceed.” Work shall
be undertaken and completed in a sequence assuring expeditious completion, but in any event,
all such services shall be completed within 700 consecutive calendar days from such
authorization to proceed.
3. Compensation.
(a) CONSULTANT’S sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total fee not to exceed one
hundred twenty six thousand nine hundred ninety dollars ($126,990), paid on a time and materials
basis in accordance with the schedule of fees contained in Exhibit A, and a contingency amount
not to exceed twelve thousand seven hundred dollars ($12,700) for any additional work rendered
pursuant to Subsection (c) below and authorized in writing by the Director.
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(b) Detailed statements shall be rendered monthly and will be payable in the
normal course of CITY business. CITY shall not be obligated to reimburse any expense for which
it has not received a detailed invoice with applicable copies of representative and identifiable
receipts or records substantiating such expense.
(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this Agreement, which
modification shall include an adjustment to CONSULTANT’S compensation. Any change in the
scope of services must be made by written amendment to the Agreement signed by an authorized
representative for each party. CONSULTANT shall not be entitled to any additional compensation
if services are performed prior to a signed written amendment.
4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of CITY to
CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party
against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to
CONSULTANT; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations hereunder
during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv)
expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all
of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and
all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject
to the terms of this Agreement, CONSULTANT shall be paid compensation for services
satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid
for any work or services performed or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of CONSULTANT to satisfactorily
perform in accordance with the terms of this Agreement, CITY may withhold an amount that would
otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by such
failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by
CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor
shall such payment impair or prejudice any remedy available to CITY with respect to the breach.
(d) Upon any breach of this Agreement by CONSULTANT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it
under applicable laws of the State of California or any other applicable law; (ii) proceed by
appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct,
indirect, consequential, economic and incidental damages for the breach of the Agreement. If it
is determined that CITY improperly terminated this Agreement for default, such termination shall
be deemed a termination for convenience.
(e) CONSULTANT shall provide CITY with adequate written assurances of
future performance, upon Director’s request, in the event CONSULTANT fails to comply with any
terms or conditions of this Agreement.
(f) CONSULTANT shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of CONSULTANT and without its fault or
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negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity,
fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of
common carriers. CONSULTANT shall notify Director in writing as soon as it is reasonably
possible after the commencement of any excusable delay, setting forth the full particulars in
connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall
promptly give written notice to Director of the cessation of such occurrence.
5. Confidential Information, Ownership of Documents and Copyright License.
(a) Any reports, information, or other data prepared or assembled by
CONSULTANT pursuant to this Agreement shall not be made available to any individual or
organization by CONSULTANT without the prior written approval of CITY. During the term of this
Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY,
disclose to anyone any Confidential Information. The term Confidential Information for the
purposes of this Agreement shall include all proprietary and confidential information of CITY,
including but not limited to business plans, marketing plans, financial information, designs,
drawings, specifications, materials, compilations, documents, instruments, models, source or
object codes and other information disclosed or submitted, orally, in writing, or by any other
medium or media. All Confidential Information shall be and remain confidential and proprietary in
CITY.
(b) Any and all original sketches, pencil tracings of working drawings, plans,
computations, specifications, computer disk files, writings and other documents prepared or
provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of
preparation and shall be turned over to CITY upon expiration or termination of the Agreement or
default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings
and writings. CONSULTANT shall not permit the reproduction or use thereof by any other person
except as otherwise expressly provided herein. CITY may modify the design including any
drawings or writings. Any use by CITY of the aforesaid sketches, tracings, plans, computation s,
specifications, computer disk files, writings and other documents in completed form as to other
projects or extensions of this Project, or in uncompleted form, without specific written verification
by CONSULTANT will be at CITY’S sole risk and without liability or legal exposure to
CONSULTANT. CONSULTANT may keep a copy of all drawings and specifications for its sole
and exclusive use.
(c) If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply
with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between the
parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its
subcontractors, if any, are skilled in the profession and shall perform in accordance with the
standards of said profession necessary to perform the services agreed to be done by it under this
Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and
perform such services in a skillful manner and CONSULTANT agrees to thus perform the services
and require the same of any subcontractors. Therefore, any acceptance of such services by CITY
shall not operate as a release of CONSULTANT or any subcontractors from said professional
standards.
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7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage), and from any and all claims, demands and actions in law or equity
(including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate
to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers,
employees, agents or volunteers in the performance of this Agreement.
If CONSULTANT should subcontract all or any portion of the services to be performed
under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in
accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, CONSULTANT shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into
and part of this Agreement, with an insurance company(ies) either (i) admitted by the California
Insurance Commissioner to do business in the State of California and rated no less than “A -VII”
in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk
Manager or designee at any time and in its sole discretion. The required policies of insurance as
stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein.
However, the insurance limits available to CITY, its officers, officials, employees, agents and
volunteers as additional insureds, shall be the greater of the minimum limits specified therein or
the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension,
CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required
insurance in full force and effect, all services and work under this Agreement shall be discontinued
immediately, and all payments due or that become due to CONSULTANT shall be withheld until
notice is received by CITY that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to
maintain the required insurance shall be sufficient cause for CITY to terminate this Agreemen t.
No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its
responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall
include, without limitation, notification received by CITY that an insurer has commenced
proceedings, or has had proceedings commenced against it, indicating that the insurer is
insolvent.
(c) The fact that insurance is obtained by CONSULTANT shall not be deemed
to release or diminish the liability of CONSULTANT, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of CONSULTANT, its principals, officers, agents, employees, persons under the
supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
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(d) If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall require each subcontractor/sub-consultant
to provide insurance protection, as an additional insured, to the CITY and each of its officers,
officials, employees, agents and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file with CONSULTANT
and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and
any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers,
officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG
20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company
endorsement providing additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to CITY’S execution of this Agreement, CONSULTANT shall complete
a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C.
During the term of this Agreement, CONSULTANT shall have the obligation and duty to
immediately notify CITY in writing of any change to the information provided by CONSULTANT in
such statement.
(b) CONSULTANT shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing avoidance of impermissible
client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including,
without limitation, California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair
Political Practices Commission concerning disclosure and disqualification (2 California Code of
Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility
to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written
opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry,
CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and
regulations. CONSULTANT shall take, and require its subcontractors to tak e, reasonable steps
to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts
in writing.
(c) In performing the work or services to be provided hereunder,
CONSULTANT shall not employ or retain the services of any person while such person either is
employed by CITY or is a member of any CITY council, commission, board, committee, or similar
CITY body. This requirement may be waived in writing by the City Manager, if no actual or
potential conflict is involved.
(d) CONSULTANT represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this
Agreement or any rights/benefits hereunder.
(e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors
performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for,
or perform any services pursuant to, any other contract in connection with this Project.
CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other
contract with a third party in connection with this Project unless such interest is in accordance
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with all applicable law and fully disclosed to and approved by the City Manager, in advance and
in writing.
(f) If CONSULTANT should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, CONSULTANT shall include the
provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event CONSULTANT maintains an office or operates
a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of
the City of Fresno, CONSULTANT at its sole cost and expense shall:
(i) Immediately establish and maintain a viable and ongoing recycling program,
approved by CITY’S Solid Waste Management Division, for each office and
facility. Literature describing CITY recycling programs is available from CITY’S
Solid Waste Management Division and by calling City of Fresno Recycling Hotline
at (559) 621-1111.
(ii) Immediately contact CITY’S Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such Division
in their conduct of the audit for each office and facility.
(iii) Cooperate with and demonstrate to the satisfaction of CITY’S Solid Waste
Management Division the establishment of the recycling program in paragraph (i)
above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of CITY
within the body of this Agreement, and not otherwise specifically provided for, shall be effective
only if signed by the Director or designee.
(b) Records of CONSULTANT’S expenses pertaining to the Project shall be
kept on a generally recognized accounting basis and shall be available to CITY or its authorized
representatives upon request during regular business hours throughout the life of this Agreement
and for a period of three years after final payment or, if longer, for any period required by law. In
addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project
shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for
the same period of time. If any litigation, claim, negotiations, audit or other action is commenced
before the expiration of said time period, all records shall be retained and made available to CITY
until such action is resolved, or until the end of said time period whichever shall later occur. If
CONSULTANT should subcontract all or any portion of the services to be performed under this
Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements
of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by CITY, CONSULTANT shall have
provided evidence to CITY that CONSULTANT is licensed to perform the services called for by
this Agreement (or that no license is required). If CONSULTANT should subcontract all or any
portion of the work or services to be performed under this Agreement, CONSULTANT shall
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require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform
the services called for by this Agreement (or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, CONSULTANT shall not employ discriminatory practices in the provision of services,
employment of personnel, or in any other respect on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees
as follows:
(a) CONSULTANT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program or
activity made possible by or resulting from this Agreement.
(b) CONSULTANT will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status
as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants
are employed, and the employees are treated during employment, without regard to their race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or
veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S employment
practices including, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to
post in conspicuous places, available to employees and applicants for employment, notices
setting forth the provision of this nondiscrimination clause.
(c) CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will
receive consideration for employment without regard to race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) CONSULTANT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a notice
advising such labor union or workers' representatives of CONSULTANT’S commitment under this
section and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply
with the requirements of this Section 12.
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13. Independent Contractor.
(a) In the furnishing of the services provided for herein, CONSULTANT is
acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents
or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of
CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or
method by which CONSULTANT shall perform its work and functions. However, CITY shall retain
the right to administer this Agreement so as to verify that CONSULTANT is performing its
obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY’S
express written consent. Except to the extent otherwise provided in this Agreement,
CONSULTANT shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, CONSULTANT and its
officers, agents and employees shall have absolutely no right to employment rights and benefits
available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll
and tax withholding and for providing to, or on behalf of, its employees all employee benefits
including, without limitation, health, welfare and retirement benefits. In addition, together with its
other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify,
defend and save CITY harmless from all matters relating to employment and tax withholding for
and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with
Social Security and unemployment insurance withholding, payment of workers’ compensation
benefits, and all other laws and regulations governing matters of employee withholding, taxes
and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements,
programs and/or funds offered employees of CITY whether arising by reason of any common law,
de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term
of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to
this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally,
transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States
registered or certified mail, with postage prepaid, return receipt requested, addressed to the party
to which notice is to be given at the party's address set forth on the signature page of this
Agreement or at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall be deemed
sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective
heirs, successors, assigns, transferees, agents, servants, employees and representatives.
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16. Assignment.
(a) This Agreement is personal to CONSULTANT and there shall be no
assignment by CONSULTANT of its rights or obligations under this Agreement without the prior
written approval of the City Manager or designee. Any attempted assignment by CONSULTANT,
its successors or assigns, shall be null and void unless approved in writing by the City Manager
or designee.
(b) CONSULTANT hereby agrees not to assign the payment of any monies
due CONSULTANT from CITY under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT
directly to CONSULTANT.
17. Compliance With Law. In providing the services required under this Agreement,
CONSULTANT shall at all times comply with all applicable laws of the United States, the State of
California and CITY, and with all applicable regulations promulgated by federal, state, regional,
or local administrative and regulatory agencies, now in force and as they may be enacted, issued,
or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same or a different provision of this Agreement. No provisions of this Agreement may be
waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision
herein shall not be deemed to be a waiver of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding, however, any
conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the
filing of any action regarding the enforcement or interpretation of this Agreement and any rights
and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this Agreement be
found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor of or against either party, but rather by construing the terms in accordance
with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing
party in such proceeding or action shall be entitled to recover from the other party its reasonable
attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
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25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this
Agreement shall control and take precedence over the terms and conditions expressed within the
Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or
Attachment hereto which purport to modify the allocation of risk between the parties, provided for
within the body of this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in the preamble of
this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not
intended that any rights or interests in this Agreement benefit or flow to the interest of any third
parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire and integrated
agreement between the parties with respect to the subject matter hereof and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may be
modified only by written instrument duly authorized and executed by both CITY and
CONSULTANT.
/ / /
/ / /
/ / /
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California,
the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White,
Assistant City Manager
Department of Public Utilities
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
No signature of City Attorney required.
Standard Document #DPU-S 8.3 has been
used without modification, as certified by
the undersigned.
By:
Patricia Diep
Supervising Engineering Technician
Department of Public Utilities
REVIEWED BY:
Jesus A. Gonzalez,
Public Utilities Manager
Department of Public Utilities
Addresses:
CITY:
City of Fresno
Attention: Patricia Diep,
Supervising Engineering Technician
2101 G Street, Building A
Fresno, CA 93706
Phone: (559) 621-1609
FAX: (559) 498-4126
NBS Government Finance Group,
a California corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
NBS Government Finance Group
Attention: Michael Rentner,
President
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Phone: (951) 296-1997
FAX: (951) 296-1998
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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1/5/2022
1/5/2022
1/14/2022
Michael Rentner
CEO
2/1/2022
2/1/2022
Bernard Canez
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Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and NBS Government Finance Group (Consultant)
Study for Various Utility Connection and Capacity Fees
Overview
The study will develop a total of 15 new and updated water, sewer, and recycled water capacity
fees for various areas of the City. It consists of six (6) new fees that need to be calculated for new
development areas and nine (9) existing fees that need to be updated by following the existing
definitions and methodologies embedded in the Fresno Municipal Code (FMC).
NBS Scope of work
Develop six new fees
1. New W ater Supply Fees in Growth Area 2 - Southeast Development Area (SEDA)
2. New W ater Supply Fees in Growth Area 2 - West Area
3. New Recycled W ater Capacity Fees in Growth Area2 - Southeast Development Area
(SEDA)
4. New Recycled W ater Capacity Fees - Southwest Recycled Area
5. New Sewer Capacity Fee - Southeast Development Area (SEDA) including Temperance
and Regional Wastewater Reclamation Facility (RWRF)
6. New Sewer Capacity Fee - Southeast Development Area (SEDA) including the Fowler
Trunk
Update nine existing fees
1. Trunk Sewer Charge for residential users - Cornelia, Fowler, Grantland and Herndon
service areas
2. Wastewater Facilities Sewer Charge for residential users for maps vested after December
30, 1995
3. Wastewater Facilities Sewer Charge for commercial & industrial users - Citywide
4. Trunk Sewer Charge for commercial & industrial users - Fowler, Grantland/cornelia,
Herndon and Temperance service areas
5. Sewer oversize credit for private installation when required to be constructed - Citywide
and UGM area except as provided in FMC 6-306
6. Extra depth credit for oversize sewer installations (per linear foot) - Citywide
7. Water Connection Frontage Charge - Citywide
8. Water Capacity Fee based on meter size- Citywide
9. Transmission Grid Reimbursement for water connection - Citywide
NBS’ scope of work will treat these 15 fees as separate analyses as defined in the tasks outlined
below. While the creation of new fees will follow methodologies primarily focused on incremental
analyses (i.e., they mostly include planned and future facilities vs. existing assets), we will identify
differences in the data sources, and the units of analysis (e.g., EDUs, meter sizes, annual
consumption, etc.). In contrast, updating existing fees will focus primarily on existing
methodologies, although NBS and City Staff may decide that an alternative or modified approach
is better suited to the City’s purposes going forward. We assume that for the purpose of study
efficiencies, progress meetings for all analyses will be combined to the extent possible.
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TASK 1. PROJECT MANAGEMENT
The project management tasks include 8 various meetings with City staff during the study for new
and update existing fees. The specific items below are provided for the purpose of ensuring the
overall success of this project.
• Deliverables include the following:
• Data request provided to City staff one week prior to the kick-off meeting.
• Meeting Agenda prior to the meeting.
• Hold a kick-off meeting with City staff to review the initial data provided and the
preliminary schedule for meetings and workshops.
• Review of initial data provided
• Hold a progress meeting at least once per month (by phone) and one-on one meetings
with City Staff (by phone).
• Provide an updated post kick-off meeting schedule on the project.
• Provide detailed monthly and total-to-date billing costs by personnel and task.
TASK 2. IDENTIFY NEW DEVELOPMENT SHARE OF SYSTEM CAPACITY COSTS
NBS will work with City staff to outline the documents, plans, and related information currently
available that identify capacity-related capital costs, what items might need to be updated, and
discuss and confirm the technical methodology that will be used to calculate new development’s
share of capital costs.
• Deliverables: Separate sets of initial results for each capacity fee (water supply, sewer, and
recycled water) will be provided identifying the respective shares of CIP costs allocated to
new development, and a briefing on these initial findings. Six (6) hard copies plus electronic
copies in PDF, Word and/or Excel format (as appropriate) of the initial results will be provided.
The following are additional details we propose for this task.
a. Review of Current Capacity Fees and Policies – NBS will work with City staff to review
and evaluate current capacity policies at the beginning of the study. The intent is to
clarify the context within which capacity fees are developed, how they are presented,
and hopefully avoid any confusion when the final results are presented to the Council
and public.
The intent is to ensure there is clarity about City’s policies related to basic
equity and fairness, buy-in vs. incremental methodologies, assumptions regarding
capital repair and replacement costs, and the capacity fee planning period. Typically,
capacity fees should ensure that existing customers do not subsidize new development
and that new development pays their proportional share of those costs.
b. Refinement of Capacity Fee Methodologies – Two basic approaches typically used in
calculating water-based utility capacity fees are: (1) a “buy-in” approach, whereby new
development must pay their equitable share of system assets previously paid for by
existing development, and (2) an “incremental” approach, whereby new development
must pay for the additional capital assets required to provide them capacity in a water,
sewer, and recycled water systems. This second approach is typically only used when
the existing system has no remaining capacity and, essentially, new development will
require all new facilities to serve their projected demand.
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As noted previously, creating new fees for new development areas will likely
emphasize the incremental approach whereas updating existing fees will focus more
on the buy-in approach.
c. Analysis of Capital Improvement Costs – NBS will review current costs of capital
improvement plans for the planning period and update those costs based on the most
current information from City staff and/or the City’s engineering consultants. This will
require information for two categories of infrastructure costs:
1. Planned Capital Improvements - New projects and rehabilitations/replacements
included long-range planning efforts consisting of a 30 to 40 year planning
period.
W ater supply assets would include, but not be limited to:
• Conveyance assets
• Storage Facilities
• Treatment Plants
• Pump Stations
Sewer assets might include, but not be limited to:
• Collection/conveyance assets
• Treatment plant(s)
• Lift stations
Recycled water assets might include, but not be limited to:
• Conveyance assets
• Recycled water production
• Storage Facilities
• Recharge basins (if included in the recycled water system)
2. Existing Assets – Including original construction dates, original costs, the
expected life, additions and rehabilitations, and any debt-related funding.
Exisiting water system assets would include, but not be limited to:
• Conveyance assets
• Storage Facilities
• Treatment Plants
• Pump Stations
Existing sewer assets might include, but not be limited to:
• Collection/conveyance assets
• Treatment plant(s)
• Lift stations
Existing Recycled water assets might include, but not be limited to:
• Conveyance
• Recycled water production
• Storage Facilities
• Recharge basins (if included in the recycled water system)
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It will be important to accurately estimate the current-year dollar value of both existing
and future assets. Existing assets should be estimated using a replacement costs-new-
less-depreciation approach, whereby construction cost indices are applied to historical
assets to estimate their current cost if constructed today, adjusted for accumulated
depreciation. This lays a technically sound foundation for calculating capacity fees
Future capital improvements might include any facilities included in City’s master plans
or other planning documents. Often these costs are preliminary estimates, and NBS
would work with engineering staff to ensure appropriate costs estimates are used in
this analysis.
d. Analysis of Projected Growth – NBS will work with City staff to assess current
information on projected growth in new connections for the planning period and, where
appropriate, update based on most current information from City staff and other
sources.
e. Allocations Analysis Existing vs. New Development – NBS will work with City staff to
evaluate all identified existing and planned infrastructure assets and allocate these
assets to existing and new development. This will involve identifying and/or estimating
the capacities of individual assets, which may be evaluated on an asset-by-asset basis
or on a system-by-system basis reflecting the overall capacity of each system. For
example, a storage asset may include a dam, reservoir, and transmission assets that
together form a system with a fixed overall capacity.
TASK 3. PREPARE CAPACITY FEES
This task will result in recommended water, sewer, and recycled water system capacity fees as
well as capacity fee schedules for various types of development (residential, commercial, etc.). It
will also document the basis for the fees, including the projected growth rates and the number of
units of new development, the total costs assigned by asset type for each system. This task will
also estimate the annual cash flow resulting from the capacity fees for each new connection times
the number of new connections per year of the planning period.
• Deliverables: NBS will brief City staff on initial findings and prepare separate interim reports,
including revenue estimates and fee schedules, for the six new and nine updated fees. Six
(6) hard copies plus electronic copies in PDF, Word and/or Excel format (as appropriate)
of the initial results will be provided for each of the six (6) new capacity fees and a combined
report (6 hard copies plus PDF/Word/Excel) for the updates of the existing fees
a. Calculate and Recommend New and Updated Capacity Fees – Capacity fees, in their
simplest form, are the total growth-related costs allocated to new development divided
by the projected number of new connections based on the remaining capacity in the
system. However, there are nuances to this analysis that we will discuss with City.
Technically, the number of new connections can be represented by the total remaining
capacity of the assets and/or systems or by the projected buildout of development
within the planning period.
For example, a transmission pipe may be designed to serve a buildout demand of “X”
but available pipe sizes only offer “X less 20%” or “X plus 20%” of capacity. Since
projected demand must be met, the transmission pipe installed is the X plus 20% of
capacity, leaving 20% of excess capacity that technically will never be used. In this
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example, a case can be made for using the projected demand (“X”) rather than the
actual design capacity (“X plus 20%). NBS will coordinate with City staff and legal
review of these issues to ensure they comply with AB 1600 regulations.
NBS will calculate the new and updated capacity fees based on projected costs of
capital improvements allocated to growth and number of new connections during the
planning period. For example, sewer capacity fees are typically based on an equivalent
dwelling unit (or EDU) and should reflect the estimated flow and loadings of each new
connection based on the average single-family residential customer. In contrast, water
supply capacity fees typically reflect the size of water meters, which represent the
potential demand that each meter size places on the water supply system.
NBS will discuss with City staff how projected new development might be handled. For
example, whether projected development is in terms of the number of planned acres
of commercial development, multi-family, or single-family development or whether
number of EDU’s are used. Ultimately, the projected demand of new development will
need to be quantified, whether by the number of typical one-inch water meters or the
EDU per acre.
b. Summary and Comparison of New and Updated Capacity Fees: This summary and
comparison will include current and proposed capacity fees and those of four (4)
comparable surrounding agencies. Fees for similar agencies will reflect the most
current available fees and we will contact those agencies to determine if they are in
the process of updating those fees.
c. Implementation of Capacity Fees: NBS will provide guidance related to implementation
of the capacity fees. A fundamental premise of capacity fees is that the burden of the
fees cannot total more than the actual cost of the public facilities needed to serve the
development paying the fee, including costs associated with administering the fee
program. The Mitigation Fee Act also has specific accounting and reporting r
requirements, both annually and after every five-year period, for the use of capacity f
fee revenues.
Implementation must also ensure that capacity fee revenues are not used for staffing,
operations, or maintenance of either existing or new facilities which, over their life cycle,
will be quite substantial, and must be borne by customers connected to the system.
TASK 4. WORKSHOPS AND PRESENTATIONS
NBS will provide the workshops and presentations necessary for collecting feedback and direction
from City Council members and other stakeholders such as the Building Industry Association
(BIA).
• Deliverables: Based on discussion with City staff, two (2) workshops/presentations will be
provided for new fees and two (2) workshops/presentations will be provided for the updated
fees. This is a total of four (4) workshops/presentations. In addition, NBS will provide two (2)
workshops/presentations to the BIA and two (2) workshops/presentations to the City Council.
The combined total of all workshops/ presentations is eight (8).
TASK 5. DRAFT AND FINAL REPORTS
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NBS will prepare draft and final reports for new and updated water, sewer and recycled water
capacity fee analyses that summarize Tasks 1 through 4.
• Deliverables: Separate draft and final reports for water, sewer and recycled water capacity
fees and a briefing to City staff on these reports. Once staff comments are received, NBS will
incorporate those comments in the reports. NBS will provide six (6) hard copies and plus
electronic copies in PDF, Word and/or Excel format (as appropriate) of both the draft and
final reports. For the six (6) separate new capacity fees and the combined report on existing
fees (total of 7 separate reports), this means there are 42 copies of the draft reports and 42
copies of final reports.
A critical component of the reports will be the necessary findings as required by the Mitigation
Fee Act contained in California Government Code Section 66000 et seq., which establishes
requirements for imposing and funding the ongoing administration of capacity fee programs.
When adopting a capacity fee, local governments must document the nexus of the capacity
fees in a report that includes:
• The purpose of the capacity fee.
• The use of capacity fee revenues.
• Determine there is a reasonable relationship between the capacity fee's use and the
type of development paying the fee.
• Determine there is a reasonable relationship between the need for the capacity fee and
the type of development paying the fee.
• Determine there is a reasonable relationship between the amount of the capacity fee
and the cost of the facility attributable to development paying the fee.
• Since only GC 66000 is applicable for these studies, this scope of work specifically
excludes any Proposition 218 related services.
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SCHEDULE OF FEES
Consultant: Classification/Staff Total Burdened Labor
Hourly Rate Per Diem
Greg Clumpner/Director $250 $2,000
Allan Highstreet/Principal Consultant $250 $2,000
Jordan Taylor/Consultant $170 $1,360
Alice Bou/Consultant $170 $1,360
John Egan/P.E. $210 $1,680
Costs for Printing (included in labor rates)
Mileage ($/mi.) $0.58
Other Travel (hotel, meals, etc.) (at direct cost - no markups)
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Exhibit B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (“CITY”)
and NBS Government Finance Group (“CONSULTANT”)
Study for Various Utility Connection and Capacity Fees
PROJECT TITLE
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on
an occurrence form and shall provide coverage for “bodily injury,” “property
damage” and “personal and advertising injury” with coverage for premises and
operations (including the use of owned and non-owned equipment), products and
completed operations, and contractual liability (including, without limitation,
indemnity obligations under the Agreement) with limits of liability not less than
those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
If personal automobile coverage is used, the CITY, its officers, officials,
employees, agents and volunteers are to be listed as additional insureds.
3. Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT’S profession. Architect’s and engineer’s coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability
of not less than those set forth below. However, insurance limits available to CITY, its officers,
officials, employees, agents and volunteers as additional insureds, shall be the greater of the
minimum limits specified herein or the full limit of any insurance proceeds available to the named
insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
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(iv) $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
OR*
PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less
than:
(i) $100,000 per person;
(ii) $300,000 per accident for bodily injury; and,
(iii) $50,000 per accident for property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the
“Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less
coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance
policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its
officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self -
insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate
of Insurance, and approved by, the CITY’S Risk Manager or designee. At the option of the CITY’S
Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects CITY, its officers, officials, employees, agents and
volunteers; or
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(ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S
Risk Manager or designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time
shall CITY be responsible for the payment of any deductibles or self -
insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed
to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered as
additional insureds. CONSULTANT shall establish additional insured status for the
City and for all ongoing and completed operations by use of ISO Form
CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed
manuscript insurance company endorsement providing additional insured status
as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers. Any
available insurance proceeds in excess of the specified minimum limits and
coverage shall be available to the Additional Insured.
3. For any claims related to this Agreement, CONSULTANT’S insurance coverage
shall be primary insurance with respect to the CITY, its officers, officials,
employees, agents and volunteers. Any insurance or self-insurance maintained
by the CITY, its officers, officials, employees, agents and volunteers shall be
excess of CONSULTANT’S insurance and shall not contribute with it.
CONSULTANT shall establish primary and non-contributory status by using ISO
Form CG 20 01 04 13 or by an executed manuscript insurance company
endorsement that provides primary and non-contributory status as broad as that
contained in ISO Form CG 20 01 04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: CONSULTANT and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made
form:
1. The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the Agreement work or termination of the
Agreement, whichever occurs first, or, in the alternative, the policy shall be
endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a retroactive date prior to the effective date of the Agreement
or the commencement of work by CONSULTANT, CONSULTANT must purchase
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“extended reporting” coverage for a minimum of five (5) years after completion of
the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not
be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days
written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT
is also responsible for providing written notice to the CITY under the same terms and conditions.
Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or
reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and
applicable endorsements for such policy(ies). In the event any policy is due to expire during the
work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to
the expiration date of the expiring policy.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. All certificates and applicable endorsements are to be received
and approved by the CITY’S Risk Manager or designee prior to CITY’S execution of the
Agreement and before work commences. All non-ISO endorsements amending policy coverage
shall be executed by a licensed and authorized agent or broker. Upon request of CITY,
CONSULTANT shall immediately furnish City with a complete copy of any insurance policy
required under this Agreement, including all endorsements, with said copy certified by the
underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
DocuSign Envelope ID: 22A3014F-C5EA-444E-B157-FF4205EB0F73DocuSign Envelope ID: 1F869FF6-7DF9-4790-A07E-F441B25AB686
Exhibit C
DISCLOSURE OF CONFLICT OF INTEREST
Study for Various Utility Connection and Capacity Fees
PROJECT TITLE
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
2 Do you represent any firm, organization or person who is in litigation
with the City of Fresno?
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
4 Are you or any of your principals, managers or professionals, owners
or investors in a business which does business with the City of
Fresno, or in a business which is in litigation with the City of Fresno?
5 Are you or any of your principals, managers or professionals, related
by blood or marriage to any City of Fresno employee who has any
significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(name)
(company)
(address)
Additional page(s) attached.
(city state zip)
DocuSign Envelope ID: 22A3014F-C5EA-444E-B157-FF4205EB0F73DocuSign Envelope ID: 1F869FF6-7DF9-4790-A07E-F441B25AB686
Exhibit C
DISCLOSURE OF CONFLICT OF INTEREST
Study for Various Utility Connection and Capacity Fees
PROJECT TITLE
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
2 Do you represent any firm, organization or person who is in litigation
with the City of Fresno?
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
4 Are you or any of your principals, managers or professionals, owners
or investors in a business which does business with the City of
Fresno, or in a business which is in litigation with the City of Fresno?
5 Are you or any of your principals, managers or professionals, related
by blood or marriage to any City of Fresno employee who has any
significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(name)
(company)
(address)
Additional page(s) attached.
(city state zip)
DocuSign Envelope ID: 22A3014F-C5EA-444E-B157-FF4205EB0F73
January 14, 2022
Temecula, CA 92592
32605 Temecula Pkwy, Ste. 100
NBS Government Finance Group
Michael Rentner
X
X
X
X
X
X
DocuSign Envelope ID: 22A3014F-C5EA-444E-B157-FF4205EB0F73DocuSign Envelope ID: 1F869FF6-7DF9-4790-A07E-F441B25AB686
DocuSign Envelope ID: 1F869FF6-7DF9-4790-A07E-F441B25AB686
DocuSign Envelope ID: 1F869FF6-7DF9-4790-A07E-F441B25AB686