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REQUEST FOR QUALIFICATIONS (RFQ)
FOR
CONSULTANT SERVICES FOR
Blackstone Property Based Improvement
District Feasibility Evaluation & Action
Plan
Bid File No. 12502071
Proposals Due: by April 16, 2025 by 5:00pm (PST)
PROPOSAL CONTACT: Kelly Trevino
Economic Development Department
[email protected]
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PUBLIC NOTICE
CITY OF FRESNO REQUEST FOR QUALIFICATIONS (RFQ)
THE CITY OF FRESNO IS INVITING CONSULTANTS TO SUBMIT
PROPOSALS TO PROVIDE CONSULTANT SERVICES FOR A BLACKSTONE PROPERTY
BASED IMPROVEMENT DISTRICT FEASIBILITY EVALUATION & ACTION PLAN
Bid File No. 12502071
The City of Fresno Economic Deve lopment Department is requesti ng proposals from qualified consultants to develop a Blackstone Property Based Improvement District Feasibility Evaluation & Action Plan for the City of Fresno.
Qualified Consultants interest ed in submitting a proposal may download the RFQ package by visiting the City’s PlanetBids website at the City’s website: www.fresno.gov, click on “Business” (at the top of the screen), then “Bid Opportunities” under the “Doing Business” section. For questions, contact Kelly Trevino via email at [email protected].
Submissions are due no later than 5:00 PM (PST) on WEDNESDAY April 16, 2025, via Planet Bids on at the City’s website: www.fresno.gov, click on “Business” (at the top of the screen), then “Bid Opportunities” under the “Doing Business” section. The City of Fresno reserves the right to reject any and all submissions.
No consideration will be given to submissions received after the above time and date.
The City of Fresno reserves the right to reject any and all proposals.
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INTRODUCTION
The City of Fresno (City), California is seeking written proposals from qualified consultants with a successful history of conducti ng Property Based Improvement District (PBID) Feasibility Evaluations and Action Plans. Work will include, but is not limited to, initial analysis, research, community engagement, review and other activities necessary to determine if a PBID, or alternative type of Business Improvement District, is feasible for Blackstone along with making recommendations on formation, type and identifying best practices.
Location – City of Fresno
With a population exceeding 545,000, Fresno is located on 114 square miles in the heart of the lush San Joaquin Valley. The City is mid-way between San Francisco and Los Angeles, and is the fifth most populous City in California. The City maintains a strong mayor form of government, through which the City develops and establishes ordinances and policies in the best interests of the residents. The population of Fresno County is over one million residents and has access to a market draw of over 1.5 million people within a 30-minute drive. Fresno is a rapidly growing community within a world-renowned agricu ltural setting, featuring a culturally diverse population. Many consider Fr esno to be the perfect si zed city that offers both the best of urban amenities and opportunities with the unique appeal and environment of a small town. Fresno is located just 90 mi nutes from the famed Yosemite National Park as well as Kings Canyon and Sequoia National Parks. Numerous lakes and two major rivers, including one of California’s finest whitewater rafting rivers, are also in Fresno’s backyard.
Objective
The City of Fresno is seeking a qualified firm to independently assess and evaluate the Blackstone Roadway Corridor in Council District 7 to analyze the feasibility of creating a PBID, or another type of Busine ss Improvement District, and ident ify current best practices.
Recommendations on formation, type, and entities that would need to be involved and general engagement should also be included as a priority objective.
Initial Analysis and Review
Project tasks shall include, but ar e not necessarily limited to, those items noted below. If the consultant feels that additional tasks are warranted, they must be clearly identified in the scope of work prior to execution. Tasks will include the following:
1. Provide insight into t he subject area to include:
a. Relevant community dem ographic and economic data;
b. Relevant community and stakeholder groups in the subject area; and, c. Comparison of subject area to comparable PBIDs in other jurisdictions.
2. Community Engagement
a. The consultant will conduct community workshops pertinent to the formation of a PBID in the subject area. Consultant to prepare all necessary graphics and presentation materials for use during the community engagement meeting. Consultant shall identify the number of 4 431986v1
community meetings necessary to ensure community education and a reasonable consensus. A minimum of three (3) meetings is anticipated. b. The consultant shall also conduct an online survey to collect quantitative data.
3. Project Coordinat ion and Management
a. The consultant will work closely with Economic Development Department staff to coordinate information exchange and ensure the project schedule remains on track.
i. The Economic Developm ent Department will provide
connections to other departments and partners in the City as necessary.
4. Administrative/Management Plan
a. The Consultant will prepare two (2) Administrative Drafts, one (1) Public Review Draft, and one (1) Final Administrative/Management Plan with the following general components:
i. Introduction (regulatory fram ework, purpose of the PBID, etc.)
ii. District boundaries and possible benefit zones;
iii. Parcel Database including information on parcels that would make up the PBID, if formed, including lot and
business information.
iv. Programs and special benefit services to be provided within the PBID;
v. Projected assessment cost s to the City as a property owner (if any);
vi. Assessment methodology;
vii. Proposed governance of district if formed;
viii. Length/duration of the process if undertaken; and ix. Recommendation on whether formation of a PBID is
advisable and, if so, the type of PBID that would be of greatest benefit.
5. If the PBID, or alternativ e type of Business Improvement District, is found to be feasible, Proposition 218 Ballot Process
a. Consultant shall prepare and implement a petition campaign, including preparation and distribution of communication materials and petitions, and the collection of signed petitions.
b. Prepare and implement all necessary steps pursuant to the “Right to Vote on Taxes Act” (Proposition 218).
6. Public Hearing Attendance
a. In addition to the community wor kshops highlighted above, consultant may be requested to attend up to three (3) City Council Public Hearings pertinent to the formation process.
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CONTENTS OF PROPOSAL
Executive Summary
A letter of introduction signed by an authorized repres entative of the cons ultant (limited to three pages) that provides an executive summary of the consultant’s experience relevant to the scope of work described in this RFQ. This summary must also highlight why the consultant is best suited to provide the services desired by the City and description of at least three previous comparable projects the consultant has managed for organizations of similar size and complexity.
Vendor Information
Consultant must provide a company profile. Information provided shall include:
Name, address and telephone number of the organization’s point of contact. Consultant’s background/hist ory and why they are qualified and the best choice to provide the services described in this RFQ.
Length of time consultant has been providing services described in this RFQ to the public and/or private sector. Please provide a brief description.
Subcontractor Information
No subcontracts will be authorized for this project.
Representative Resumes
Consultant must submit a re sume for each key me mber of the project team. Resumes should highlight staff members’ experience as it relates to this project.
References
The consultant must supply a minimum of three prior references representative of organizations of similar size and similar work required by this project. References must include contact name and tele phone number at the referenc e's place of business.
Information to include:
Client name
Contact name and title
Contact information
Project description
Project dates (starting and ending)
Cost of the project
Cost Proposal
Consultant must provide a complete cost proposal based on the scope of services set forth in this RFQ. Cost should include any trav el expenses. Any costs for development or preparation of materials must be stated. Additional expenses will not be allowed unless specified in the proposal. The total cost shall be stated as a not-to-exceed price. 6 431986v1
Response Requirements: (See above Components)
The City hereby notifies all consultants that no person shall be excluded from participation in, denied any benefits of, or otherwise discriminated against in connection with the award and performance of any contract on the basis of race, relig ious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orient ation, ethnicity, status as a di sabled veteran or veteran of the Vietnam era.
Submissions are Final
No corrections or modifications to the proposal may be made after the due date.
Confidentiality of Submissions
While the City shall endeavor to keep any confidential information private, it reserves the right to release the name of all consultants, as well as a summary of their proposals, to the media, the public, or any party that requests it.
Inquiries
Questions pertaining to the RFQ should be di rected to Kelly Trevino, via email at [email protected].
Submission Instructions
Responses are to be submitted electronically only via Planet Bids at the City’s website:
www.fresno.gov, click on “Business” (at the top of the screen ), then “Bid Opportunities” under the “Doing Business” section. All responses ar e due by April 16, 2025 before 5:00pm.
Conflict of Interest
The City of Fresno is attempting to avoid conflict of interest or any appearance of conflict of interest. Therefore, all consultants and their sub-contra ctors are required to provide a Disclosure of Conflict of Interest (Exhibit C). Provide a statement of conflict you, your firm, and/or other key staff may have regarding these services. The statement should not only include actual conflicts, but also any work ing relationships that may be perceived by disinterested parties as a conflic t. If there are no potential conf licts of interest identified, state such in your proposal. Complete and re turn Exhibit C – Disclosure of Conflict of Interest as part of the RFQ for the consultant and each subcontractor.
a. By submission of a proposal, the consul tant acknowledges t hat it has read and thoroughly understands the Scope of Services; agrees to all terms and conditions stated herein in the attached Agreement form without exception, acknowledges the consultant can meet all the insuranc e requirements without exception; and acknowledges that it can perform all tasks, as required.
Local Preference
Fresno Municipal Code Section 4-109, LOCAL PREFERENCE IN CONTRACTING FOR SERVICES, provides for a local preference. Portions pertinent to this Contract are paraphrased as follows:
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Except for those contracts funded by the federal or state government when such funding would be jeopardized because of this preference, the City of Fresno shall, in contracting for consulting services, give a primary preference to local firms, when such firms have the necessary qualifications, experience and expertise to complete the project being proposed, as determined by the City. A secondary preference shall be given to non-local firms which form an associati on for pecuniary profit with lo cal firms for the project, wherein the benefit to the local firm(s) is an amount greater than 15% of the total contract price. The consultant shall certify, under penalty of perjury, that the consultant qualifies as a local firm. The preference is waived if the certification does not appear on the proposal.
"Local firm" shall mean a firm with a fixed pr imary or branch office within a twenty-five mile radius of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, and a majority of the work on the projec t will be performed by employees who are permanently assigned to such office prior to the city requesting proposals for the project and whose regular duties would include local work on other than City projects.
Consultant shall submit the form CERT IFICATION FOR LOCAL PREFERENCE with their proposal if they seek the benefit of local preference.
CONSULTANT SELECTION
Responses will be evaluated by a Review Committee (Committee). Following the evaluation of the responses, the Committee may elect to interview some or all of the consultants or may otherwise seek clarification or amplification of the material submitted or may reject all responses. The Committee re serves the right to hold interviews or select a preferred response without interv iews. The recommendation for selection will be made based on criteria related to qualific ations, project objectives, demonstrated experience, financial capacity, soundness, capacity to perform the proposed scope within the timeframe, and any other factors, whether quantifiable or not. The Committee reserves the right to reject all responses or to waive minor irregularities. The Committee will make its recommendation to the City. The City reserves the right to make the selection of a consultant, at its sole discret ion, based on any or all factors of value, whether quantitatively identifia ble or not, including, but not limited to, the anticipated initiative and ability of the c onsultant to perform the services set forth herein. The City may enter into negotiations with one or more consultants concurrently. The City will select the consultant who the City determines provides the best value to the City, in its sole discretion. The City has no obligation to enter into an agreement with any party as a result of their response to this offering.
This RFQ does not commit the City of Fresno to enter into a contract or to pay any costs incurred in the preparation of the RFQ. The City of Fresno reserves the right to accept or reject any RFQ's, and to negotiate with any qualified consultant, or to cancel in part or in its entirety this solicitation for RFQ's. The award of any agreement may be subject to Fresno City Council approval.
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GENERAL INFORMATION
Regulated Communications
The Regulated Communications in City Procurement Proce ss Ordinance (Article 6, Chapter 4 of the Fresno Municipal Code) became effective May 7, 2004. With certain specified exceptions, the Ordinance provides that no Respondent, Bidder, Agency (as the case may be) shall initiate, engage in, or continue any communication to or with any City elected official concerning or touching upon any matter which is the subject of this competitive procurement process.
Any Respondent, Bidder, Agency or elected official (as the case may be) who initiates, engages in, continues in, or receives any regulated communication shall file the written disclosure required by the Regulated Comm unications in City Pr ocurement Process Ordinance.
Any Respondent, Bidder, or Agency violati ng the Regulated Communications in City Procurement Process Ordinance may be dis qualified from participating in this procurement process and/or determined to be non-responsible. Additionally, the City may set aside the award of a contract, prior to its execution, to a party found to have violated the Ordinance.
Note: The full text of Fresno Municipal Code, Chapter 4, Article 6 may be viewed on the City’s website at, http://www.fresno.gov. Under Government, “C ity Clerk” - Fresno Municipal Code- Or view the Fres no Municipal Code directly at http://www.municode.com/Resources/gateway.asp?pid=14478&sid=5
Debarment
A Bidder may be debarred from bidding or proposing upon or being awarded any contract with the City, or from being a subcontractor or supplier at any tier upon such contract, in accordance with the procedures in Fresno Municipal Code Section 4-104 adopted by Council on May 17, 2018. The initial period of any such debarment shall not be less than one year and may be permanent depending on the violation. A Bidder may request a hearing, in accordance with Fresno Municipa l Code Section 4-104, upon receipt of a notice of proposed debarment from the City Manager or designee. A copy of the ordinance may be obtained from the City Clerk’s Office, 2600 Fresno Street, Fresno, California 93721.
Professional and General Liability Insurance
Professional liability insurance (errors and omissions) will be required for this project in accordance with Exhibit B. The City’s standard contract will be used, which includes a conflict of interest statement and completion of a statement of economic interest.
Approval by City Council
Any contract exceeding $100,000 shall be subject to the approval of the City Council in accordance with the Fresno Municipal Code.
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Consultant Agreement
The City will be utilizing a Standard City Cons ultant Agreement (Appendix A). This agreement is provided as a sample. The City may modify the agreement or use another agreement at its own discretion. Copies of the City’s Selection Policies will be provided upon request.
Appendices
Appendix A – Standard Consultant Contract
Appendix B – Certificat ion for Local Preference
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Appendix A
Standard Consultant Contract
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is m ade and entered into effective on , by and between the CITY OF FR ESNO, a California municipal corporation (CITY), and [Consultant Name], [Legal Identity] (CONSULTANT).
RECITALS
WHEREAS, CITY desires to obtain profes sional [Kind of Service] services for [Describe Project] (Project); and
WHEREAS, CONSULTANT is engaged in the business of furnishing services as a [Consultant's Profession] 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 ackn owledges that this Agreement is subject to the requirements of Fresno Municipal Code Sect ion 4-107 and Administrative Order No. 6- 19; and
WHEREAS, this Agreement will be admin istered for CITY by its [Select] (Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter cont ained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. Scope of Services. CONS ULTANT 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 Perf ormance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through [End Date], subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon the Effective Date and shall be comple ted 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 A.
3. Compen sation.
(a) CONSULTANT’S sole compensation for satisfactory performance of all services required or render ed pursuant to this Agreement shall be a total fee not to exceed [Fee Amount: e.g. Five Hundred Dollars ($500.00)], paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. (b) Detailed statements shall be rendered monthly for services performed in the preceding m onth and will be payable in the normal course of CITY business. CITY shall not be obligated to re imburse any expense for which it has not received a detailed invoice with applicable c opies of representative and identifiable receipts or records substantiating such expense.
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(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 m ade by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensatio n if services are performed prior to a signed written amendment.
4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate wit hout any liability of CITY to CONSULTANT upon the earlier of: (i) CONSUL TANT’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 hereund er during any CITY fiscal y ear 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 th is Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to th e 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 CONSULTA NT, 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 Administrator’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 reas onable control of CONSULTANT and without its fault or negligence such as, acts of God or the public en emy, 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 -10-
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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 individual or organization by CONSULTANT without the prior written approval of the Administrator.
During the term of this Agreement, and ther eafter, 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 Agreem ent shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, materials, co mpilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or m edia. All Confidential Information shall be and remain confidential and proprietary in CITY.
(b) Any and all writings and document s 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 CI TY upon expiration or termination of the Agreement. CONSULTANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein.
(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 expi ration or termination of this Agreement.
6. Professional Skill. It is furt her mutually under stood and agreed by and between the parties hereto that inasmuch as CONSULTANT repres ents to CITY that CONSULTANT and its subcontra ctors, if any, are skilled in the profession and shall perform in accordance with t he standards of said professi on 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 acceptanc e 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, including California Civil Code section 2782, Consultant sha ll indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers fr om any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not lim ited 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, litigation expenses and cost to enfor ce this Agreement) 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.
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If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreemen t, 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 Agreem ent, 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 Co mmissioner 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 polic ies of insurance as stated in Exhibit B shall maintain limits of liability of not le ss than those amounts st ated therein. However, the insurance limits available to CITY, its officers, offi cials, 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 CI TY that the required insurance has been restored to full force and effect and that th e premiums therefor e 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 pursuant to this section shall in any way relieve CO NSULTANT of its res ponsibilities 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 obtai ned 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 regar dless 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 liabilit y of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, s ub- consultants, subc ontractors, or anyone employed directly or indirectly by any of them.
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 writin g of any change to the information provided by CONSULTANT in such statement.
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(b) CONSULTANT shall comply, and r equire its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federa l, state and local conf lict of interest laws and regulations including, without limitation, California Go vernment Code Section 1090 et. seq., the California Political Reform Ac t (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 opinion of its legal counsel and that of any subcont ractor that, after a due diligent inquiry, CONSULTANT and the respective subcontracto r(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontr actors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appea rance of a conflict of in terest, CONSULTANT shall immediately notify CITY of these facts in writing.
(c) Consultant’s duties and services under this Agreement shall not include preparing or assisti ng the City with any portion of the City’s preparation of a request for proposals, request for qualificati ons, or any other so licitation regarding a subsequent or additional contract with the City. The City entering this Agreement shall at all times retain responsibility for public c ontracting, including with respect to any subsequent phase of this Project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specif ications. Consultant shall cooperat e with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including a ll conceptual, preliminary, or initial plans or specifications prepared by C onsultant pursuant to this Agreement. (d) 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 waiv ed in writing by the City Manager, if no actual or potential conflict is involved. (e) CONSULTANT represents and warrant s that it has not paid or agreed to pay any compensation, c ontingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (f) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bi d 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 such interest 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 complying with Section 9(b), above.
(g) If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreemen t, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
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(h) This Section 9 shall survive ex piration or termination of this Agreement.
10. Recycling Program. In the event CONSULTANT maintains an office or operates a facility(ies), or is required herei n to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall:
(a) Immediately establish and mainta in a viable and ongoing recycling program, approved by CITY’S Solid Waste Management Division, for each office and facility. Literature describing CITY recycli ng programs is availabl e 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 fr ee 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 expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upo n request during regular busi ness 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, al l books, documents, papers, and records of CONSULTANT pertaining to the Project sha ll be available for the purpose of making audits, examinations, excerpts, and transcripti ons 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 par agraph. This Section 11(b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agre ement 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 requir ed). If CONSULTANT should subcontract all or any porti on of the work or services to be performed under this Agreement, CONSULTANT shall 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.
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12. Nondiscrimination. To the extent required by c ontrolling federal, state and local law, CONSULTANT shall not employ di scriminatory 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, physi cal disability, mental disability, medical condition, marital status, sex, age, sexual ori entation, ethnicity, st atus 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 orient ation, ethnicity, status as a di sabled 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 possibl e by or resulting from this Agreement.
(b) CONSULTANT will not discrimin ate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disa bility, medical condition, marita l 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 cr eed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veter an 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; la yoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, av ailable to employee s and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicit ations or advertisements for employees placed by or on behalf of CONSUL TANT in pursuit her eof, state that all qualified applicants will receiv e consideration for employment without regard to race, religious creed, color, national origin, ancestr y, physical disability, mental disability, medical condition, marital status, sex, age, se xual orientation, ethn icity, status as a disabled veteran or veteran of the Vietnam era.
(d) CONSULTANT will send to each l abor union or representative of workers with which it has a collective ba rgaining agreement or other contract or understanding, a notice advising such labor union or work ers' 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.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, CONSULTANT is acting solely as an i ndependent contractor. Neither CO NSULTANT, nor any of its -15-
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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 meth od 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 in dependent contractor, CONSULTANT and its officers, agents, and employees shall ha ve 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 providi ng 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 employm ent and tax withholding for and payment of CONSULTANT'S employees, in cluding, without limit ation, (i) compliance with Social Security and unemployment in surance 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 int ended to be given to either party under the terms of this Agreement shall be in wr iting and shall be deemed to be duly given if delivered personally, transmitte d 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 wh ich 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 Se ction 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall i nure 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 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, s hall be null and void unless approved in writing by the City Manager or designee.
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(b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of th is 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 providin g 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 Ag reement 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 pr ovision in this Agreement shall not affect the other provisions.
22. Interpretation. The parties acknowled ge 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 ei ther 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 re cover 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.
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 attachm ent. 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 withi n the body of this Agreement, shall be null and void.
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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 ri ghts, interests, duties and obligations defined within this Agreement are intended for t he 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 Agr eement represents the entire and integrated agreement between t he parties with respect to t he subject matter hereof and supersedes all prior negotiations, representat ions or agreements, either written or oral. This Agreement may be modified only by written in strument 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. T he 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.
[Signatures follow on the next page.]
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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:
[Name],
[Title]
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
[Name],
[Title]
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
Addresses:
CITY:
City of Fresno
Attention: [Name],
[Title]
[Street Address]
Fresno, CA [Zip]
Phone: (559) [#]
E-mail: [E-mail address]
[Consultant Name],
[Legal Identity]
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:
[Consultant Name]
Attention: [Name],
[Title]
[Street Address]
[City, State Zip]
Phone: [area code and #]
E-mail: [E-mail address]
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (CITY) and [Consultant Name] (CONSULTANT)
[Project Title]
[Describe Scope of Service]
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SCHEDULE OF FEES AND EXPENSES
[Schedule of Fees and Expenses]
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Exhibit B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (CITY) and [Consultant Name] (CONSULTANT)
[Project Title]
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Servic es 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 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).
3. Workers’ Compensation insurance as requir ed by the State of California and Employer’s Liability Insurance.
4. Professional Liab ility (Errors and Omissions) insurance appropriate to CONSULTANT’S profession.
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 fo r personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregat e applying separately to the work performed under the Agreement.
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:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 diseas e each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
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(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.
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 under the General Liability policy for all ongoing and completed operations by use of endorsements providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85 or CG 20 10 04 13.
2. The coverage shall contain no special limi tations 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. CONSULTANT’S insurance co verage 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 on the General Liability policy by use of ISO Form CG 20 01 04 13, or by an executed endorsement that provides primary and non contributory status as broad as that contained in ISO Form CG 20 01 04 13.
4. All policies of insurance shall 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.
5. 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.
6. Should 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 policies will be twice the above stated limits.
7. 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
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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 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.
CLAIMS-MADE POLICIES
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 in surance 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 “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirem ents must be submitted to CITY for review.
5. These requirements shall survive expi ration or termination of the Agreement.
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 his/her 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.
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. Any required 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 shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and CONSULTANT shall ensure that CITY, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with CONSULTANT, and CITY, prior to commencement of any work by the subcontractor.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
[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)
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Appendix B
(Submit with Proposal, if applicable)
Proposer’s Name:
CERTIFICATION FOR LOCAL PREFERENCE FOR:
[Project Title]
We certify that we qualify as a local business pursuant to Fresno Municipal Code Section 4-109.
Location of Business: Primary Office: □
(Please provide street address, no PO Box) Branch Office: □ (Please mark as
applicable)
Address:
Phone:
The undersigned Proposer hereby declares under penalty of perjury under the laws of the State of California that the informat ion contained on this CERTIFICATION FOR LOCAL PREFERENCE is correct and complete.
The above Statement is part of the proposal. Signing this proposal on the signature page thereof shall also constitute signature of this Certification.
Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.