HomeMy WebLinkAboutMoss Adams, LLP Agreement Consultant - 5-11-23 AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is made and entered into effective on
s 2023,by and between the CITY OF FRESNO, a California
murr(ci al corporation (CITY), and Moss Adams, LLP, (CONSULTANT).
RECITALS
WHEREAS, CITY desires to obtain professional agreed-upon procedure services
for the review and evaluation of credit card expenditures and reimbursement requests
(Project); and
WHEREAS, CONSULTANT is engaged in the business of furnishing services as
a fully integrated professional services firm 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 (Administrator)or
designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises 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 CONSULTANT'S ENGAGMENT LETTER attached as Exhibit
D, including all work incidental to, or necessary to perform, such services even though
not specifically described in Exhibit D.
2. Term of Agreement and Time for Performance. This Agreement shall be
effective from the date first set forth above (Effective Date) and shall continue in full force
and effect through June 30,24321, subject to any earlier termination in accordance with
this Agreement. The services of CONSULTANT as described in Exhibit D, are to
commence upon the Effective Date and shall be completed in a sequence assuring
expeditious completion, but in any event, all such services shall be completed prior to
expiration of this Agreement and in accordance with any performance schedule set forth
in Exhibit D.
3. Compensation.
(a) CONSULTANT'S sole compensation for satisfactory performance
ofall services required or rendered pursuant to this Agreement shall be a total fee not
to exceed $97,500, paid on the basis of the rates set forth in the schedule of fees and
expenses contained in Exhibit A.
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(b) Detailed statements shall be rendered monthly for services
performed in the preceding month 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 entitledto any additional compensation if services are
performed prior to a signed written amendment.
4. Termination Remedies and Force Maieure.
(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.
CONSULTANT may terminate the Agreement or performance of any part of the
services upon written notice to CITY if CONSULTANT determines that the
performance of any part of the Services would be in conflict with law, or independence
or professional rules.
(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 costsincurred 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
withholdan 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 thisAgreement constitute a waiver by CITY of any breach of this Agreement
which may thenexist 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)seek recovery of all direct damages for the breach of the Agreement. If it is
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determined that CITY improperly terminated this Agreement for default, such
termination shall be deemed a termination for convenience.
(e) CONSULTANT shall provide CITY with reasonable written
assurances of future performance, upon Administrator's request, in the event
CONSULTANT fails to comply with any terms or conditions of this Agreement.
(f) CONSULTANT may be liable for default unless nonperformance
is caused by an occurrence beyond the reasonable control of CONSULTANT and
without its fault or 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
Administrator 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 Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by
CONSULTANT pursuant to this Agreement shall not be made available to any
individualor organization by CONSULTANT without the prior written approval of the
Administrator.During the term of this Agreement, and thereafter, CONSULTANT shall
not, without the prior written consent of CITY, disclose to anyone any Confidential
Information, except to those officers, directors, partners, principals, members,
employees, subcontractors, and agents who have a need to know in order to provide
the services. 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, 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.
Disclosure of Confidential Information shall not be precluded if such disclosure: (a) is
in response to a valid subpoena or order of a court or other governmental body of the
United States or any political subdivision thereof; or(b)is required by law or regulation.
To the extent permitted by law, CONSULTANT shall give reasonable prior notice to
CITY and CITY can determine whether to obtain a protective order or other appropriate
relief.
(b) CITY shall own all final reports and other completed deliverables
created under this Agreement and delivered to CITY, excluding any Consultant
Material(defined below)contained or embodied therein(Deliverables). However, CITY
may not alter or amend any Deliverables issued under CONSULTANT'S name.
CONSULTANT may retain a copy of Deliverables for archival purposes.
CONSULTANT shall own: (i) its working papers and any engagement documentation;
and(ii)any general skills, know-how, expertise, ideas, concepts, methods, techniques,
processes, software, materials, or other intellectual property which may have been
discovered, created, received, or developed by CONSULTANT either prior to or as a
result of providing services under the Agreement(collectively, "Consultant Materials").
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CITY shall have a non-exclusive, non-transferable license to use Consultant Materials
for its own internal use and only for the purposes for which they are delivered to the
extent they form part of a Deliverable. Notwithstanding anything to the contrary in this
Agreement, CONSULTANT and its personnel are free to use and employ their general
skills, know-how, and expertise, and to use, disclose, and employ any generalized
ideas, concepts, know-how, methods, techniques or skills gained or learned during the
course of this Agreement so long as they acquire and apply such information without
any unauthorized use or disclosure of confidential or proprietary information of CITY.
(c) If CONSULTANT should subcontract all or any portion of the
servicesto be performed under this Agreement, CONSULTANT shall cause each
subcontractor toalso 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.
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 third party loss, liability, fines, penalties,
forfeitures, costs and damages, claims, demands and actions in law or equity(including
reasonable attorney's fees and litigation expenses) (whether in contract, tort or strict
liability), arising from bodily injury, death at any time and property damage to real or
tangible personal property),to the extent caused by the negligence, recklessness or willful
misconduct of CONSULTANT, its principals, officers, employees, agents, or volunteers
in the performance of this Agreement. In order to seek or receive indemnification
hereunder, CITY shall provide CONSULTANT with prompt written notice of such claim
and cooperate with CONSULTANT in handling the claim. CONSULTANT shall be entitled
to control the handling of such claim and to defend or settle any such claim, in its sole
discretion, with counsel of its own choosing.
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.
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(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..
(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 Agreement. No action
taken by CITY pursuantto 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 indemnificationto 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.
(d) If CONSULTANT should subcontract all or any portion of the
servicesto be performed under this Agreement, CONSULTANT shall require each
subcontractor/sub-consultant to provide insurance protection, as an additional insured,
tothe 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 3710 01 or by an executedma nu script company
endorsement providing additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Nan-Solicitation.
(a) Prior to CITY'S execution of this Agreement, CONSULTANT shall
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complete a City of Fresno conflict of interest disclosure statement in the form as set
forthin 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
avoidanceof 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.) and the regulations of the Fair Political Practices Commission
concerning disclosure and disqualification (2 California Code of Regulations Section
18700 et.seq.).At any time, upon written request of CITY, CONSULTANT shall provide
a written opinionof 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 applicable laws and regulations. CONSULTANT shall take, and
require its subcontractors to take, reasonable steps to avoid any appearance of a
conflict of interest.Upon discovery of anyfacts 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 that it has not paid oragreed 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
subcontractorsperforming 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 unless fully disclosed to and approved by the City
Manager, in advance and in writing. 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 suchinterest is in accordance with all applicable law and fully
disclosed to and approved by the City Manager, in advance and in writing.
Notwithstanding any approval given by the City Manager under this provision,
CONSULTANT shall remain responsible for complyingwith Section 9(b), above.
(f) If CONSULTANT should subcontract all or any portion of the work
to be performed or services to be provided underthis Agreement,CONSULTANT shall include
the provisions of this Section 9 in each subcontract and require its subcontractorsto 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
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incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense
shall:
(a) 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.
(b) 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.
(c) Cooperate with and demonstrate to the satisfaction of CITY'S Solid
Waste Management Division the establishment of the recycling program in paragraph
(a) 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 Administrator or designee.
(b) Records of CONSULTANT'S fees and expenses pertaining to the
Project shallbe 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. If any litigation, claim, negotiations, audit
or other action is commenced before the expiration of said time period, all records
shall be retained 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 withthe 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 require each subcontractor to provide evidence to
CITYthat 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
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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
todiscrimination 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 treatedduring 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) If applicable, 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 toalso comply with the requirements of this Section 12.
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
controlor 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
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accordance with the termsand 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
andresponsible 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. Bindin . 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.
16. Assignment.
(a) This Agreement is personal to CONSULTANT and there shall be
noassignment 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
(b) CONSULTANT, its successors or assigns, shall be null and void unless
approved in writing by the City Manager or designee.
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(c) 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
moniesdue 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. Governinq 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. Severaoility. 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. Attorneys 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, each
party shall be responsible for its own 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.
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.
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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, Moss Adams, LLP
a California municipal rporation �J
By. By._��
G orgeanne A. White Name: Colleen Rozillis
rty Manager
APPROVED AS TO FORM: Title: Partner
ANDREW JANZ (If corporation or LLC., BoardChair,
City or Pres. or Vice Pres.)
By: 5 3 23 Applicable Professional License:
Brandon M. Collet Date Number.
Supervising Deputy City Attorney Name:
Date of Issuance-
ATTEST:
TODD STERMER, CIVIC
City Cler CONSULTANT:
Moss Adams, LLP
By: ,5�,3� 23 Attention: Colleen Rozillis
Partner
Deputy 999 Third Ave N, Suite 2800
Seattle, WA 98104
Phone: ( ) -
E-mail:
Addresses:
CITY:
City of Fresno
Attention: Ruth F.
Quinto, CPAAssistant
City Manager
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8000
E-mail: ruthie.quinto@fresno.gov
Attachments:
1. Exhibit A-Scope of Services
2. Exhibit B -Insurance Requirements
3. Exhibit C -Conflict of Interest Disclosure Form
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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.
29. The City Manager, or designee, is hereby authorized and directed to
execute and implement this Agreement. The previous sentence is not intended to
delegate any authority to the City Manager to administer the Agreement, any delegation
of authority must be expressly included in the Agreement.
30. LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE
LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR OTHERWISE ARISING
OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR EXEMPLARY OR
PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
[Signatures follow on the next page.]
-11-
EXHIBIT A
Page 1 of 2
t
MOSSADAMS
0 P P 0 R T U N I T Y
R I S I N G
PROFESSIONAL CONSULTING SERVICES TO DEVELOP THE UPDATE TO THE CURRENT FEE
STRUCTURE FOR THE PLANNING AND DEVELOPMENT DEPARTMENT PROPOSAL FOR
THE CITY OF FRESNO
Tammy Lohr,Senior Manager
Colleen Rozillis, Partner
Moss Adams LLP
265 E River Park Circle,Suite 110
Fresno,CA 93720
(559)389-5700
MOSSADAMS Dear Ms.Longoria:
Moss Adams is extremely pleased to submit our proposal to provide professional
consulting services to develop the update to the current fee structure for the City of
Fresno(City)Planning&Development Department and Fire Departments.Listed
below are some reasons we're confident we offer the team,capabilities,approach,and
dedicated service that will exceed your expectations.
• We're a leader in worldng with state and local governments.We work
extensively with state agencies,cities,counties,and other forms of local
government to reduce risks,strengthen controls,and enhance performance.As a
result,we have a strong understanding of the City's operational environment and
importance of this work.
Our approach to worldng with our clients is collaborative.We team
with you to address what's needed to improve your operations.We'll collaborate
to establish a working relationship that designed to help you meet the stated
November 28,2022 goals and objectives for this program—with no surprises along the way.
Kristine Longoria • You'll receive nimble service.If additional expertise is needed beyond this
Project,titanager fee study,we can quickly leverage the right resources from throughout the firm.
The City of Fresno
2600 Fresno St #3443
Fresno CA 937^_1 We commit to making the City a long-term and extremely satisfied client of Moss
Fres
Adams.Our personal promise to you is to ensure that you receive the best service
Moss Adams is capable of providing.Thank you for your consideration.
Sincerely,
Tammy Lohr Colleen Rozillis
Senior Manager Partner
(2o6)302-6538 (2o6)302-6795
tammy.lohr@mossadams.com colleen.rozillis@mossadams.com
e
Table of Contents
Overview of the Firm 1
Firm Background
Summary of Experience 3
History of Experience 3
Government Expertise 4
Similar Projects 5
Resumes 6
Proposed Staff 6
Resumes 6
Client References 12
Rate Sheet 13
Legal Documents 14
a Appendix B Attachment 1 14
b.Appendix B Attachment 2 15
Addendum No. 1 16
Addendum No. 2 20
Overview of the Firm
FIRM BACKGROUND
Moss Adams is a fully integrated professional
• • • services firm dedicated to growing, managing,and
• protecting prosperity.With over 3,800 professionals
across more than 30 locations in the market
•■ capitals of the West and beyond,we work with the
world's most innovative,dynamic,and promising
clients and markets.Through a full spectrum of
••• • accounting,consulting,and wealth management
• • services,we bring the deep industry specialization
and inspired thinking our mid-market clients seek.
4: • Since we put down roots in the Pacific Northwest
■ ■
more than 100 years ago,we've steadily expanded
• to serve clients not only in the West, but also
across the nation and globally- Our full range of
30+ services includes accounting(assurance and tax),
consulting (IT, strategy&operations, transactions,
locations west of and specialty), as well as individual and institutional
the Mississippi
wealth management.
Moss Adams is one of the 15 largest US accounting and consulting firms and a founding member of
Praxity, a global alliance of independent accounting firms providing clients with local expertise in the
major markets of North America, South America, Europe, and Asia.
Full-Sere--ice Capabilities
We offer a full range of services and specializations that span accounting, consulting, and wealth
management to suit your specific needs-
__... .._ .� _----• - -i ....- - - - --i
Accounting Consulting I Wealth Management
INSTITUTIONALASSURANCE
STRATEGY & OPERATIONS
•. TRANSACTIONS
INTERNATIONAL SPECIALTY
itilossAdnnislprnp: nllorThcl1.yn�Fr�;;�n
Over a Century of Service
Every business, managed well, has the potential for tremendous growth and durability.We know,
because it's our story too
Moss Adams LLP has its origins in 1913,with its current formation as a Washington limited liability
partnership in 1996.Our firm's history began in 1913,the year President Woodrow Wilson signed the
federal income tax into law. That same year,John G. McIntosh,CPA, set up a small Seattle practice to
serve a booming Pacific Northwest timber industry. Through good times and bad, through two world wars
and 19 US presidents,that practice steadily extended its reach—first regionally,then nationally—to serve
the businesses and industries that built this country.
Today,that practice is Moss Adams,one of the largest accounting,consulting, and wealth management
firms in the nation,dedicated to assisting clients with growing, managing,and protecting prosperity. But
our principles remain the same as they were when we opened our doors more than a century ago:
Consistently hire talented people,work hard to make a difference in our communities, and empower our
clients to discover and claim success.
Doss A darns I Pro!vrba!f,;' IJ 1,_j irk F. r,
Summary of Experience
HISTORY OF EXPERIENCE
O
260+
p 39890+ 000 professionals dedicated
' single audits V V 4 to higher education,
v x = peforined govemmoK and
since 1997 not-for-profit clients
' 1,800+
years in
• • business 300+ �0� audits of government
,and
headquarteredIIIIII government
entities served other employee henefd
plans and trusts annually
We recognize government organizations are accountable to many different constituencies—oversight
agencies,audit committees, elected officials,taxpayers—all with different expectations and demands.
That's why we commit significant personnel and resources to our Government Services Practice, building
technical expertise in all areas of government. We have dozens of experienced partners and senior
managers who lead consulting and audit engagements for over 300 government entities including state
agencies, cities and counties; public colleges and universities;special purpose governments including
ports, utility districts,and transit agencies; public retirement funds;and others.
We offer breadth and depth of experience working with state agencies.We have provided consulting and
audit services to the state entities in California, Utah,Alaska,Arizona, Nevada, New Mexico,Oregon,
and Washington We've also provided relevant services to a wide range of local governments A
representative list of local government clients is provided below,
Representative Local Government Clients
Benton County City of Hillsboro City of San Diego
Carson City City of Industry City of San Jose
City of Abilene City of Issaquah City of Santa Fe
City of Albuquerque City of Laguna Niguel City of Santa Monica
City of Bakersfield City of Lakewood City of Santa Rosa
City of Beaumont City of Las Cruces City of Seattle
City of Bellevue City of Los Angeles City of Stockton
City of Bellingham City of Lynnwood City of Tacoma
City of Bend City of Modesto City of West Richland
City of Bradbury City of Monterey Park City/County of San Francisco
City of Calexico City of National City Clark County
Moss Adnills I
City of Cerritos City of Normandy Park Island County
City of Chula Vista City of Oxnard King County
City of Clearlake 4 City of Patterson Lane County
Douglas County City of Phoenix Lyon County
City of Clovis City of Portland Maricopa County
City of Culver City City of Redmond Pierce County
City of Cupertino City of Redondo Beach San Juan County
• City of Desert Hot Springs City of Riverside Snohomish County
• City of Edmonds City of Salem Sonoma County
The depth of our practice means we understand the issues you face today and can provide the
specialized services you need now, and in the future—such as single audits; accounting for complex
investment transactions; benefit plan audits; performance audits; IT hardware, software, and
cybersecurity evaluations;fraud investigations;and forensic accounting.
GOVERNMENT EXPERTISE
Our firm's Government Services practice relies heavily on robust assessments and internal audit
engagements Our seasoned staff members have significant experience conducting assessments related
to compliance,finance, fraud,governance, management, operations, performance, policies and
procedures, and technology.
We serve clients in city and local governments, tribes, higher education, and not-for-profits.We have
earned recognition and an outstanding reputation for our services based on a solid track record and
discriminating analysis.
Members of our proposed team have a long history of successful delivery of providing consulting services
to local governments Our professionals come from government private industry. and public accounting.
and work exclusively on public sector engagements. Because of the extensive assessments we conduct
in the public sector, we have developed a series of proven practice components including investigative
methodologies, engagement oversight and supervision, document management, fieldwork,
communications and reporting protocols/practices,and risk assessment frameworks
Our professionals have a deep understanding of government goals, regulatory environment., policies,
processes, and procedures They offer relevant certifications, such as CPA, CCA, CIA, CFE, CDPSE,
CISA, CISSP, PCI QSA, CCSFP, ODCP, and PMP; and our engagement team includes members of the
IIA. Our training requirements for professional audit and consulting staff further make sure that our
knowledge remains current.
Rather than performing engagements for our clients,we team with them to address what is needed to
assess risks, improve performance efficiency and effectiveness, strengthen internal controls and
compliance with laws and regulations: increase revenues, and prevent and detect fraud The knowledge
and guidance we provide to our clients allows them to continue to improve their organizations is an
integral part of our engagements Our team will work closely and collaboratively with management and
staff to develop a working relationship that will provide maximum benefit to the City,
JlossAda�ns I • • - ,
Our experience includes a wide range of services, which include, but are not limited to:
Enterprise risk assessments IT general and security audits
Enterprise internal controls reviews Cost allocation plans
Internal controls and compliance audits Performance audits
Fee studies o Fraud investigations
SIMILAR PROJECTS
Over the past five years,we've provided similar services for numerous local governments.
City of Salem I Completion May 2021
In this study,we worked with the City to identify best practices in municipal fee setting and cost recovery
policies and recommended a police and cost recovery framework for the City.We conducted research
into best practices,collected fee schedules from peer cities for comparative purposes,and prepared a
roadmap to detail how to implement the recommended cost recovery framework with an equity lens,
decision-making criteria, and policy considerations.
City of Glendale(AZ) I Anticipated Completion March 2023
VVe are currently working with the City of Glendale to perform a fee study, specifically looking at City
fees charged for general city services (e.g., building inspections, permitting, business licensing, and
penalty/late fees).As part of this review;we are assessing the City's fee setting and adjustment
processes and performing benchmarking to peer cities to identify opportunities for simplification.
State of Utah Anticipated Completion December 2022
We are currently working with the State of Utah's Department of Government Operations to complete
an audit of internal service funds, VVe are assessing the extent to which costs are recovered by ISF
rates, compliance of ISF rates with federal guidelines, and identifying opportunities for improvement
based on benchmarking and customer feedback.
City of Modesto Completion April 2017
When serving as the City's internal auditor, we performed an internal service fund review that
evaluated the adequacy and effectiveness rates as it related to rate setting, cost allocation, and
reserve levels
NtossAdoms I
r
Resumes
PROPOSED STAFF
Our dedicated government internal audit team is comprised of partners, directors, managers, seniors,
and staff.You will be primarily supported by Tammy Lohr,senior manager, Colleen Rozillis, PMP,
partner, and Stephen Bacchetti, partner.Tammy will serve as the project manager and will be
responsible for ensuring that our engagement is delivered on time,within budget, and to the satisfaction
of the City.
Your engagement team will consist of highly experienced audit professionals who provide experience
working with state and local governments and conducting fee studies. Our proposed team composition is
provided below.
I Name and Title Role
Colleen Rozillis, PMP, Director Quality control
Stephen Bacch etti, CPA,CIA, CCA, Partner Engagement partner
Tammy Lohr, CFE, ODCP, Senior Manager Project manager
Kayvon Zadeh, CIA, Manager Lead analyst
Evan Lih, Senior Analysis support
Tommy Conkling, Staff Analysis support
RESUMES
We have included resumes below
Colleen Rozillis,PMP,Partner
Professional Experience
Since 2005, Colleen has advised local,state,and Tribal governments; K-12
and higher education; utilities; private companies; and not-for-profits to
improve organizational and program operations and efficiency,facilitate
strategic leadership and planning, and cultivate more effective governance.
She works collaboratively with clients to understand their goals and objectives
and define organizational and programmatic changes to better equip and
position them to achieve those goals. Colleen serves as the firm's public
sector, not-for-profit, and tribal consulting industry group leader and leads ESG
consulting for the firm.
Her government experience includes planning, policy, and financial analysis for
local and state agencies in Alaska, Arizona, California, Colorado, Hawaii,
Michigan, Montana, Nevada,Ohio, Oregon, Pennsylvania, Texas, Utah; and
Moss Aden is I n•,,P,;:- �- -t'!;,r ;; .iu f.
Colleen Rozillis,PMP,Partner
Washington. Before joining Moss Adams,she managed the Performance
Reporting Branch of the Washington State DOT and authored the 2011-2015
WSDOT Strategic Plan.
Colleen has recently provided organizational development and performance
consulting services to public sector clients,including the 32"d District
Agricultural Association, Ben Franklin Transit, Boulder County, Cities of
Berkeley, Carson City,Culver City, Cupertino, Eugene, Issaquah,Modesto,
Newport Beach, Portland, Redondo Beach, Salem, Santa Monica,and
Stockton; Delta Diablo, Douglas County,El Camino Health District,Jefferson
Public Utility District, King County Metro,Marion County,NoaNet, Pierce
County,Seattle Public Schools,Sonoma County,and Spokane Regional
Health District.
Professional Affiliations
Chair of the Board of Trustees, Humanities Washington
Member, Society for Corporate Governance
Member, Project Management Institute
Member, International City&County Management Association
Member, Institute of Internal Auditors
Member,Association of Local Government Auditors
Project Management Professional(PMP)
Education
MS, public policy and management,Carnegie Mellon University
BA, English and political science, University of Michigan
Diversity and Inclusion Certificate, Cornell University
AlossAdams I Proposal fnr The City e'F't>no 7
C
Stephen Bacchetti,CPA,CIA,CCA,Partner
Professional Experience
Stephen has more than 12 years of experience in construction advisory
services and leads the firm's construction advisory services team. He performs
specialized review and audit services for construction projects and capital
improvement programs, including risk assessments; internal controls, process,
and documentation reviews;construction contract audits;and construction
bond performance audits. Stephen works closely with local governments,
Tribes, universities, K-12 school districts, hospitals and health care systems,
and commercial real estate developers, as well as construction contractors and
project managers on structures and developments that range from millions to
billions of dollars He has planned,managed,and executed engagements that
have resulted in significant cost savings and control and reporting
improvements for his clients.
In addition to his construction auditing and internal controls experience,
Stephen also has a background in International Financial Reporting Standards
(IFRS)in the transportation industry
Stephen has provided construction advisory services to clients, including Port
of Tacoma, Pierce Transit, Incline Village General Improvement District, Santa
Clara Valley Transportation, City of Phoenix, Richland County Government,
Delta Montrose Electric Association, and City of Santa Monica.
Stephen has provided construction advisory services to clients, including
Jefferson County School District, Beaverton School District, Beverly Hills
Unified School District, East Side Union High School District, San Jose Unified
School District, and Sweetwater Union High School District, Newhall School
District, Oakland Unified School District,and West Contra Costa Unified
School District.
Professional Affiliations
Member,American Institute of Certified Public Accountants
Member, California Society of Certified Public Accountants
Certified Public Accountant (CPA)
Certified Internal Auditor(CIA)
Certified Construction Auditor(CCA)
Education
BS, accounting, California State Polytechnic University
.Yloss.'ldnnis I r' ' , , -r , ;:! :r, -
Tammy Lohr,CFE,ODCP,Senior Manager
Professional Experience
i�
Tammy assesses operational performance for public sector organizations
including state and local government, school districts, and higher education
institutions. Her engagements are informed by rigorous analysis and employee
engagement to evaluate operations,which may include the efficacy of existing
organizational structure and resourcing strategies, enhancing workplace
culture, identification of system needs, and streamlining processes.
Tammy focuses on key elements of each engagement to develop high-quality
deliverables that address client needs and meet applicable professional
standards. By using a collaborative approach to working with her clients,she
delivers projects and reports attuned to each client's unique operating
environment with recommendations designed to optimize organizational
performance.
Prior to joining Moss Adams, she worked as a performance auditor for the
Washington State Auditor's Office.
Tammy has recently provided operational reviews and organizational
assessment services to clients including the City of Berkeley, City of Cupertino,
City of Stockton, City of Salem, City of Glendale (Arizona), City of Santa
Monica, City of Redondo Beach, City of Modesto, City of Lake Stevens,
Boulder County, Douglas County(Nevada), Douglas County(Colorado); San
Joaquin County, Orange County, and Ontario International Airport Authority.
Professional Affiliations and Certifications
Member, International City and County Manager's Association (ICMA)
Member, Society for Human Resources Management(SHRM)
Member, Institute of Internal Auditors(IIA)
Member,Association of Certified Fraud Examiners(ACFE)
Certified Fraud Examiner(CFE)
Organization Development Certified Professional (ODCP)
Education
MPA, Daniel J. Evans School of Public Policy and Governance, University of
Washington
BA, public health, University of Washington
NloscAdanis !',•-;;
Kayvon Zadeh,CIA,Manager
Professional Experience
Kayvon has been working in the public sector since 2015. He is skilled in
�~` identifying operational challenges,addressing root causes, and presenting
{ findings and strategic recommendations to senior leadership. His experience
also includes performance and internal auditing, policy and procedure
development,quantitative and qualitative analysis,stakeholder engagement,
and complex data consolidation and analysis.
Prior to joining Moss Adams, Kayvon held positions at King County and Seattle
Public Utilities.
Professional Affiliations and Certifications
Conference Committee Subcommittee Chair, National Association of Local
Government Auditors(ALGA)
President/Trustee,Washington State Local Government Auditor's Association
(WSLGAA)
Certified Internal Auditor(CIA)
Education
MPA, Daniel J. Evans School of Public Policy and Governance, University of
Washington
BA, psychology and community, environment&planning, University of
Washington
Evan Lih,Senior
olProfessional Experience
Evan has been working in the public sector since 2018 and has experience in
the local government,health research services, and financial services
industries. His skills include organizational assessment, program and process
evaluation, data analytics, project management, strategic planning, legislative
analysis, and stakeholder engagement. He also has experience working on
'� racial and social equity initiatives.
Prior to joining Moss Adams, Evan was a data and policy evaluation strategic
advisor with the City of Seattle.
Education
MPA, Daniel J. Evans School of Public Policy and Governance, University of
Washington
BA, environmental studies and evolutionary&ecology biology, University of
Colorado Boulder
Tommy Con kling,Staff
Professional Experience
Tommy is experienced at helping organizations to improve their impact and
effectiveness His skills include qualitative and quantitative data analysis,data
r visualization, budgeting and forecasting, cost-benefit analyses, program and
system evaluation, organizational assessment,and organizational planning
He has experience working with a wide range of clients within public, private,
and not-for-profit industries.
Prior to joining Moss Adams,Tommy worked on a Bill and Melinda Gates
Foundation project, helping state education agencies to assess and redesign
their processes and systems to improve student outcomes.
Education
MPA, University of Washington, Evans School of Public Policy and
Governance
BA, public policy analysis, Pomona College
.Moss Adana
s
Client References
We have included references below and encourage you to hear for yourselves about the quality our firm
can provide.
Courtney Knox-Busch s603t4C 242G
Strategic Initiatives Manager I cbuschAcityofsalem.nel
Moss Adams is providing comprehensive organizational assessment and optimization services to the
City of Salem_We conducted a citywide organizational assessment and structure study,focused on
opportunities for enterprise-wide improvement in efficiency, effectiveness,and collaboration.We
conducted a SWOT analysis survey of all city employees and held more than 40 interviews with City
leadership and key staff.Following the organizational assessment,we collaborated with the executive
leadership team to identify initiatives to implement.We continuously work with the City on multiple
projects to improve operations and service delivery;recently completed projects include a user fee
study, performance framework, strategic plan,warehouse efficiency study, and other projects with the
goal of organizational alignment. Most recently,we supported process mapping for the creation of a
newly established cross-functional Customer Service Center, including review of existing processes,
future state processes,form changes, interdepartmental collaboration and communication,and the
development of policies and procedures
r
Jake Hennessy (385)271-2301
Finance Director gLf hennessVQuIah.gov
i
We were retained by the State of Utah to conduct performance audits in 2017 Since that time,we
have conducted several performance audits that assess efficiency and effectiveness of operations
related to the Department of Insurance, Purchasing and General Services, Print Services, and Surplus
Programs.We are currently working with the State of Utah to perform an internal service fund audit
that evaluates the adequacy, appropriateness, and compliance of ISF rates.
Michael Kingery (623)930-2103
Internal Audit Program
Manager rnkin9ery0clendaleaz.com
We have provided internal audit services to the City of Glendale since 2020 During that time, we've
conducted dozens of internal and performance audits, ranging from contract compliance,vendor
management, asset management, information technology. human resources, and programmatic
audits We are currently working with the City on performing a fee study that evaluates user fees in
comparison to peer cities and assesses the fee setting and adjustment process, with particular focus
on simplification of fees to enhance the customer experience. Each engagement was developed in
collaboration with the City to achieve City-defined audit objectives and provide specific, actionable
recommendations to improve compliance, controls,and performance.We have adhered to the City's
budget and schedule requirements for all projects as part of our internal and performance audit
service.
Joe Lopez (209)577-5402
City Manager 'aelo ez modestoaov.com
We served as the City of Modesto's internal and performance auditor for the full period that this
function was outsourced We provided auditing services regarding organizational re-engineering and
design We completed over three dozen projects for the City across all departments and provided
recommendations for reducing risks, strengthening controls, and improving efficiency and
effectiveness of operations Specific projects that we performed included developing the City's revenue
manual, assessing permitting processes, and reviewing internal service funds. We continue to serve
the City in a consulting capacity
Rate Sheet
For our clients, it's about more than the dollars you pay at the end of the day; it's about value. Consider
both the tangible and intangible benefits of working with us. You'll get solid and timely deliverables. But
more than that, the experience you'll have working with forward-thinking, industry-specialized
professionals who work side by side with you to explore new possibilities is where you'll see the value.
Invest in your future prosperity and experience a different style of service with us.
Service Description Amoiant
Phase 1: Start-Up and Management $15,000
Phase 2: Fact Finding $25,000
Phase 3:Analysis $32,500
Phase 4: Reporting $15,000
Total $87,500
By establishing a cost estimate for each project, our clients are able to plan how many projects will be
conducted each year. As a commitment to our relationship with the City,we have provided discounted
hourly rates, by level,which are presented below.
Staff Level Rate ,. Hour
Partner/Director $350
Senior Manager $300
Manager $250 1
Senior $200
Staff $150
Associate $110
!loss Adaws IFri.nan !iii 77.'l i.; �( +� : �•,
Legal Documents
A.APPENDIX B ATTACHMENT 1
Appendix B
ATTACHEMENTI
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION
AND INSURANCE REQUIREMENTS
PROFESSIONAL CONSULTING SERVICES TO DEVELOP THE UPDATE TO THE CURRENT FEE
STRUCTURE FOR THE PLANNING AND DEVELOPMENT DEPARTMENT
The Proposer shall sign below than the Proposer accepts in whole the Indemnification and
Insurance Requirements set forth in these Specifications. if the Proposer takes exception to
some portions,those portions shall be listed here below and the Proposer shall sign that the
Proposer accepts all portions of the requirements not listed.
Note:Any exceptions may render the proposal non-responsive.
[ ]ACCEPT
[X]DO NOT ACCEPT
If"DO NOT ACCEPT'is checked,please list exceptions:
This Proposal is contingent upon execution of a mutually agreeable contract With regard to the
Sample Consultant Services Agree merit,Moss Adams suggests the following: providing for
mutual termination rights and clarifying procedures upon termination(§4);focusing and
Clarifying any indemnification provisions and procedures to limit to third party claims for bodily
injury and property damage(§7);clarifying insurance requirements to comport with exisfing
policies,including pfovidng for confidentiality of insurance structure(including deductibles,
retention levels,and dedaration pages),professional liability is per claim,notification only goes
to primary insured,and additional insureds are added via blanket endorsement and only on
general liability and auto{§8 and Exhibit B]:access and audits focused on information
pertaining to fees and expenses charged and access shall not include facilities or systems
housing confidential information of Moss Adams or Moss Adams'other dents(§11 b);clarifying
requirements to state oompilance with applicable law(§12),folloWng the American rule on
attorneys'fees(§23),and addressing limitation of Iiahility(new)
We have successfully signed services agreements with thousands of clients and we commit to
working in good faith to successfully negotiate a mutually agreeable contract on a timely basis
should we be
awarded this work
Signature of Authorized Person
Colleen Rozillis
Type or Print Name of Authorized Person
B.APPENDIX B ATTACHMENT 2
Respondent's Name: Moss Adams LLP
(Submit with Proposal,if applicable)
ATTACHEMENT2
CERTIFICATION FOR LOCAL PREFERENCE
Project Name: PROFESSIONAL CONSULTING SERVICES TO DEVELOP THE
UPDATE TO THE CURRENT FEE STRUCTURE FOR THE PLANNING
AND DEVELOPMENT DEPARTMENT
We certify that we qualify as a local business pursuant to Fresno
Municipal Code Section 4-109(b)(1).
Primary Office 91
Branch Office(NO PO Box) ❑
(mark as applicable)
Location of Business
Address: 265 E.River Park Circle
Suite 110
Fresno,CA 93720
Phone: (559)389-5700
The undersigned Respondent hereby declares under penalty of perjury under the laws
of the State of California that the information contained on this CERTIFICATION FOR
LOCAL PREFERENCE is correct and complete.
The above Statement is part of the Proposal. Signing this Proposat on the
signature page thereof shall also constitute signature of this Certification.
Respondents are cautioned that making a false certification may subject the
certifier to criminal prosecution.
MOSS Adanis i P:Opo gal Ib• 1'11r C m•,�r,-•.s..c n
e
ADDENDUM N0, 1
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2600 a�e:.nv SI.Rwm 3043
Fresno,cariromia 93721-3622
ADDENDUM NO.1
REQUEST FOR QUALIFICATIONS
Consultant Services to
Develop the Update to the Current Fee Structure for the Planning and Development Department
Bid File No.12300440
NOTICE TO ALL BIDDERS
This Addendum is attached to and made a part of the above enlitied specifications for the City of Fresno
with a scheduled bid opening of 5:00 _m-Monday,November 14 20 2-
All changes and or clarifications will appear in bold underfined tYoe
PLANS ANQIOR SPECIEQ T ID N_$
The following changes below will be a part of and subject to provisions of the project plans
and/or specifications.
The bidder is responsible for recognizing changes to the Bid Proposal as called for on this
addendum and shall submit a signed copy of Addendum No. 1 with the Bid Proposal.
1. Response to Submitted Written Bid Questions:
Question 1: Does the City want to take into account cross-departmental support
as part of Building and Planning fee study,for example, Public Works spends
time revrewing Planning applications, is the intent to capture that time and cost?
Response:The City has an expectation of 100%cost recovery for work
completed for a planning entitiernent and a building permit. To the extent
that another CiLy department spends time to rev iewand approve or provide
comments on an entitlement or a ipfan check or a permit,all City-costs
should be included.
Question 2:Has the City/department ever conducted a formal fee study?If yes,
when was it conducted?Was it conducted internally or externally? If externally,
by whom and what was the project budget?
Response:Yes_the last fee study was done in 2018_The study was
conducted bv NBS Gove rnment Finance Group the contracted amount was
not to exceed$50,0M.
AddeMum
Rev 10-2021
Y2,ss Adams I i, _ r
Consultant Services to Develop the Update to the Current Fee Structure for the
Planning and Development Dopartmert
Bid File No. 12300440 Addendum 1
Page 2 of 3
Question 3:Is there an anticipated implementation date for these fees?
Response:It is anticipated that the study will be completed and adopted b
the Fail of 2023 with i Iementation Januar 2ti
Question 4:We would like to confirm that as part of the SOQ,the City is only
interested in obtaining hourly rates for staff? Not, a full price quote?
Response.A full price quote is not being requested in the SOQ
Re q uirements.The minimum re uirerrents are listed under IV. Statement of
Qualification Requirements SOQ within the RFQ.
Question 5:The Statement of Qualifications Requirements section does not
specify a section for the work plan,should a detailed work or task plan be
provided?
Response:The minimum requirements are listed under IV.Statement of
Qualification Requirements SOQ within the RFQ.
Question 6:Are the TOC,cover page,and cover letter a0 included i1 the 25 page
limit?
Response:The minimum requirements are listed under IV.Statement of
Qualification Requirements SOQ within the RFQ.
Question 7:The requirements for inclusion in the SOQs include the Legal
Documents which state"Exhibit B"for both attachments However,below in the
RFQ,the documents are labeled as AppendbK B.Can you please confirm that
Appends B,Attachments 1 and 2 are the attachments required for inclusion?
Response:Appendix B.Attachments 1{Statement ofAcceplance of the
Indemnification and Insurance Re uirements and Altachment 2
(Certification For Local Preference)are the attachments re aired for
inclusion Specifications have been updated and attached to this addendum.
Question 8:Is the Exhibt C,Disclosure of Ccnfict of Interest due In this
submision aswel? It s not Wed as a requirement in the what to include in SOQs
but 9(a)states"pror to execution of this agreement.."in regards to that exhibit. If t
is requred in the submission, please indicate where you'd Ike i n the SOQ
Response:Exhibit C.Disclosure of Conflict of Interest is not due with
submission.
Addendum Rev 10-2021
Mosi A(Inws
Consultant Services to Develop the Update to the Current Fee Structure forthe
Fla nning and DeveIopmentDe part ment
Bid File No. 12300440 Addendum 1
Page 3 of 3
City of Fresno
G&¢.d
Charles Clark
Building Services Manager
The bidder shall sign below indicating he/she has thoroughly read and underslands the contents oftttis
Addendum.
Signed:
Company: Moss Adams LLP
This addendum Is being distributed ONLINE only. The bidder shall submita signed copy ofthis
addendum with their bid.
Addenda tD dam:1
Octoher26,2022
Addendum Rev,10-2021
Moss Adams I Proposal for The city of Fresno i8
III. Additional Scope of Services
Prepare best practices based upon current and desired services for the Parking Division
for the City,following the above 14 steps outlined in II and shall conduct a comparative
analysis to Fresno's benchmark cities of fines for violation of law. If the consultant feels
that additional tasks are warranted, they must be clearly identified in the consultant's
quote.
IV. Statement of Qualification Requirements(SOO)
The response shall include at a minimum the information listed herein; incomplete or
unclear information may be grounds for rejection. The response shall be organized as
follows:
❑ Cover Letter
❑ Overview of the firm
❑ Summary of company's experience and performance on similar project/contracts
completed in the last five years,including references
rl Resumes for the Contract Manager and key support staff including education,
relevant past projects experience, applicable licensing and certifications, and
description of their assignments on this contract
rl Listing of client references associated with completed projects/contracts would be
desirable
u Rate Sheet
u Legal Documents
a Statement of Acceptance of the Indemnification and Insurance
Requirements,APPENDIX laOit B Attachment 1
b Local Preference Certification(if applicable),APPENDIX its B
Attachment 2
❑ The SOQ should be concise and should not exceed twenty-five(25)pages. (Note:
required exhibits and signed addenda do not count towards the maximum page
count)
V. Schedule
The tentative schedule for hiring and engaging the Consultant is as follows:
■ RFQ Responses due to City by 5:00 pm on November 14,2022.
■ If held,invitations to interview—week of November 21,2022.
All dates are subject to change, Consultant will be notified via email of any schedule
changes.
Addendum 1
-4-
MossAdams' Pro!nsol�nr _! WC rf, c 10
ADDENDUM NO.2
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ADDENDUM NO.2
REQUEST FOR QUALIFICATIONS
Consultant Services to Developthe Update to the Currant Fee Structure forthe Planning and
Development 0epartmert
Bid File No.12300440
NOTICE TO ALL SIDDERS
This Addendum is attached to and made a part of the above enlitled sp ecifi cations for the City of Fresno
with a scheduled bid opening of 5:00 RM,Monday.November 1_4.2022,
All changes and or clarifications will appear in bold underlined typo-
The Bid Opening Date has been chan4ed to&00 P.K Monday, November 28.2022.
PLANS AND/OR SPECIFICAT70NS
The following changes below will be a part of and subject to provisions of the project plans
and/or specifications.
The bidder is responsible for recognizing changes to the Bid Proposal as called for on this
addendum and shall subrnft a signed copy of Addendum No.2 with the Bid Proposal.
I. Rernove and Replace Page 1 with attached Page 1 addendum no 2 which
adds language to include the Fire Da artr%nt.
It. Remove and Replace Page 2_with attached Page 2(addendum no 2)
which adds language to include the Fire Department.
Adderawn
Rev 10.2021
:WossAdnrrrs !' r , r ,
Consultant Services to Develop the Update to the Current Fee Structure forthe Planning and
Development Department
Bid File No.12300440
Addendum 2
Page 2 of 2
City of Fresno
C&,ad Ck"-,g
Charles Clark
Building Services Manaaer
The bidder shall sign below indicating he/she has thoroughly read and understands the contents of this
Addendum.
Signed: �-
Company: Mass Adorns LLP
This addendum is being distributed ONLINE only and will not be sent by U.S. Mail. The bidder shall
submit a signed copy of this addendum with their bid.
Addenda m date:2
November3,2022
Addendum Rev.10-2021
Moss Adams I Proposal for T'he City ofF•esim 31
THE CITY OF FRESNO IS INVITING CONSULTANTS
TO SUBMIT STATEMENT OF QUALIFICATIONS TO PROVIDE PROFESSIONAL
CONSULTING SERVICES TO DEVELOP THE UPDATE TO THE CURRENT FEE
STRUCTURE FOR FIRE AND THE PLANNING AND DEVELOPMENT DEPARTMENTS
BID FILE NO.12300440
I. Introduction
The City of Fresno (City) Planning & Development Department (Department) Is Issuing
this Request for Oualifications (RFQ) for a qualified consultant to provide professional
consulting services to develop the update to the current fee structure for Fire and the
Planning and Development Departments.
Under the California Constitution, cities may establish fees forservice or fines for violation
of law through the framework as defined in Article XIIIC, Section 1:
(1)A charge imposed ff}r a specific benefit conferred or privilege granted directly to the
payor Iha,, is not provided to those not charged, and which does not exceed the
reasonable costs to the local government of conferring the benefit or granting the
privilege.
(2)A charge imposed for a specific government service or product provided directly to
the payer that is not provided to those not charged, and which does not exceed the
reasonable costs to the local government of providing the service or product.
(3)A charge imposed for the reasonable regulatory costs to a local government for
issuing licenses and permits, performing investigations, inspections, and audits,
enforcing agdcufturai marketing orders, and the administrative enforcement and
adjudication thereof.
(4)A charge imposed for entrance to or use of local government property, or the
purchase, rental, or lease of local government property.
(5)A fine, penalty, or other monetary charge imposed by the judicial branch of
government or a local government, as a result of a violation of law.
The City is seeking professional services to evaluate,establish a clear basis of Fees
for service,charges for use of public property(parking) and fines for violations of
law.
It. Scope of Services
The primary objective is to conduct a Comprehensive Fee Study to include reviewing and
updating all fees and charges for services, recommending additional fees, and
establishing a goat for cost recovery for aulkiing and Safety and Planning Divislorrs.
-1-(Addendum No.02)
Alternative add-on services may include a cost recovery and fee analysis as well as fines
for the Parking Services Division and Fire De partrrxent.
Scope Elements
Prepare a Comprehensive Fee Study for the City, which may include the follmving
elements(if the consultant feels that additlonal tasks are warranted,they must be clearly
identified in the consultant's proposed scope):
1. Workand meetwith City staff to refine the project scope,purpose, uses and goals
of the City's Comprehensive User Fee Study to ensure that the study will be both
accurate and appropriate to the City's needs. Review project schedules and
answer any questions pertaining to the successful development of the study.
2. Meet with staff and conduct interviews as needed to gain an understanding of the
City's processes and operations. Conduct a comprehensive review of the City's
existing fees,rates and charges.
3. Identify the total cast of providing each City service at the appropriate activity
level and in a manner consistent with all applicable laws, statutes, rules and
regulations governing the collection of fees,rates,and charges by public entities
including, but not limited to, Proposition 26 and Proposition 218.
4. Compare service costs with existing recovery levels. This should include any
service areas where the City is currently charging for services as well as areas
where perhaps the City should charge, considering the City's practices, or the
practices of similar or neighboring cities.
6. Recommend potential new fees and charges for services the City currently
provides but does not have any fees and/or charges estabtished.
Recommendations should be based on practices by surrounding cities that may
charge for similar sefvlces, industry best practices, or the consultant's
professional opinion. The City Is particularly Interested in incentive programs
offered in other agencies to promote economic development and the goals of the
City.
6. Recommend appropriate fees and charges based on the firm's analysis together
with the appropriate subsidy percentage of those fees where full cost recovery
may be unrealistic.
7. Prepare a report that identifies each fee service,its full cost,recommended and
current cost recovery levels. The report should also identify the direct cost,the
indirect cost,and the overhead cost for each service.
-2-(Addendum No.02)
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SCHEDULE OF FEES AND
EXPENSES
Service Description
Planning and Development Fee Study Phases
1 -4$97,500
Total-$97,500
Staff Level Hourly Rate
Partner$350
Senior Manager$300
Manager$250
Senior$200
Staff$150
Associate$110
Fee Details
• Progress Billing Progress billings are based on hours and expenses completed at
the time ofbilling.
Bills are due upon receipt.
CONSULTANT reserves the right to charge interest on accounts over 30 days past due.
Direct travel expenses will be billed monthly as incurred.
Page 2 of 2
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno
(CITY)and [Consultant Name] (CONSULTANT)
rProiect_Title]
MINIMUM_S_COPE OF INSURANCE
Coverage shall be at least as broad as:
1. 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
with limits of liability not less than those set forth under "Minimum
Limits of Insurance."
2. The Automobile Policy shall be written on an occurrence form and
shall providecoverage for owned (if any), hired, and non-owned
automobiles or other licensed vehicles). 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 ofliability of not less than those set forth below:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence
(ii) $2,000,000 general aggregate
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property
damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
Page 3 of 6
(i) $1,000,000 per occurrence
5. PROFESSIONAL LIABILITY(Errors and Omissions):
(i) $1,000,000 per claim; 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 Umbrellaor Excess insurance policy(ies) shall also
apply on a primary and non- contributory basisfor the benefit of the CITY, its
officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
(i) 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.
OTHER INSURANCE PROVISIONSIENDORSEIIAENTS
The General Liability and Automobile Liabili# 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 via blanket endorsement.
2. For any claims relating 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.
The Workers' Compensation in_surancg policy is to contain, or be endorsed to
contain, thefollowing provision: CONSULTANT and its insurer shall waive any
right of subrogation against CITY, its officers, officials, employees, agents, and
volunteers.
If the Professional Liabili# 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 dateof 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
Page 4 of 6
occurs first, or, in the alternative, the policy shall be endorsed to
provide not less than a five(5)year discoveryperiod.
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 ofthe Agreement or the commencement of work by
CONSULTANT, CONSULTANT must purchase "extended
reporting" coverage for a minimum of five (5) years completion of
the Agreement work or terminationof the Agreement, whichever
occurs first.
4. A copy of the claims reporting requirements must be submitted to
CITY for review, and may be redacted to protect confidential
information.
5. These requirements shall survive expiration or termination of the
Agreement.
For all policies of insurance CONSULTANT shall provide thirty (30) calendar
days prior written notice of any cancellation, reduction, or material change in
coverage, provided, however, that CONSULTANT shall not be obligated to
provide such notice if, concurrently with such cancellation, reduction or material
change, CONSULTANT obtains coverage from another insurer meeting the
requirements described belowShould any of the required policies provide that
the defense costs are paid within the Limits of Liability, thereby reducing the
available limits by any defense costs, then the requirement for the Limits of
Liability of these polices will be twice the above stated limits.
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 policy limits do
not act as a limitation upon the amount of indemnification to be provided by
CONSULTANT.Approval or purchase ofany insurance contracts or policies shall
in no way relieve from liability nor limit the liabilityof 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.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services
to be performed under this Agreement, CONSULTANT shall require, at the
discretion of the CITY Risk Manager or designee, subcontractor(s)to enter into
a separate Side Agreement with the City to provide required indemnification and
insurance protection.Anyreguired Side Agreement(s)and associated insurance
documents for the subcontractor must be reviewed and preapproved by CITY
Risk Manager or designee. If no Side Agreement is required, CONSULTANT will
be solely responsible for ensuring that its subcontractors maintain insurance
coverage at levels no less than those required by applicable law and is
customary in the relevant industry.
Page 5 of 6
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and
applicable endorsements areto 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 ofthe original
policy, provided that such policy may be redacted to protect confidential
information. This requirement shall survive expiration or termination of this
Agreement.
Page 6 of 6
Exhibit C
Conflict of Interest
Disclosure and Acknowledgement
Agreed Upon Procedures (AUPs)
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 Li
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 Ci 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
Colleen Rozillis. Partner
(Name)
999 Third Ave, N Suite 2800
(Address)
Seattle. WA 98104
(City State Zip)
Exhibit D
Scope of Work
City of
rr1 0; kfr
Planning and Development Department
July 24, 2023
MEMORANDUM
TO: TODD STERMER, CMC/ �eu,ue�i�A4tt +�'
CITY CLERK
RE: Technical Correction to Action Item — Approval of a Consultant Services
Agreement Action Item Approved as Item 1-B (File ID No. 23-555) of the May 11,
2023, Regular Meeting of the City of Fresno.
On May 11, 2023, Council approved Action Item 1-13 Approval of a Consultant Services
Agreement in an amount not to exceed $97,500 with Moss Adams, LLP for a user fee
study in accordance with the Mitigation Fee Act. The Consultant Service Agreement
contained a technical error on page 1 of 46, in the Term of Agreement and Time for
Performance, Section 2, which incorrectly stated the Agreement term date of June 30,
2023.
The Term of Agreement and Time for Performance, Section 2 should reflect and be
effective through June 30, 2024.
Respectfully submitted,
I)J 7
Dalton Bennett
Projects Administrator
c: Jennifer K. Clark, Director of Planning and Development
Brandon M. Collet, Supervising Deputy City Attorney
Tammy Lohr, Senior Manager, Moss Adams LLP