HomeMy WebLinkAbout324111
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COUNTY OF FRESNO
Fresno,California
05/07/15
AGREEMENT NO.15-296
MASTER AGREEMENT
THIS MASTERAGREEMENT for Appraisal Services,hereinafter referred to as "the
AGREEMENT,"is made and entered into this AisC^ay of T3u.o>q 2015,by and
between the COUNTY OF FRESNO,a political subdivision ofthe State of California,
hereinafter referred toas "the COUNTY";and those appraisers listed in Appendix A,which
is attached tothe AGREEMENT and incorporated herein by the reference,collectively
hereinafter referred to as "the APPRAISER".
WITNESSETH
WHEREAS,COUNTY desires to retain the APPRAISER to provide on-call real
property appraisalservices for partial and full parcel acquisitions as necessary toassist the
COUNTY in performing various road and capital improvement projects (hereinafter referred
to as "the PROJECT(S)")proposed by COUNTY;and
WHEREAS,itis necessary that an appraisal be made on these parcels at fair
market value ofthe land and improvements taken,severancedamages,if any,and special
benefits,if any, and to assist the COUNTY in determining the just compensation to be
offered to the owners of said parcels;and
WHEREAS,the COUNTY may require trial supportservices ofan appraiser for
those parcels of land that require an appraisal;and
WHEREAS,the APPRAISER is able and willing to provide said services needed by
the COUNTY subject to the terms and conditions of the AGREEMENT;and
WHEREAS,said APPRAISER has been selected in accordance with the COUNTY'S
Policyon the selection of architects,engineers,and other professionals and California
DepartmentofTransportation's Local Assistance Procedures Manual,Chapter 10,
Consultant Selection to providethe appraisal services necessary forthe PROJECTS; and
WHEREAS the APPRAISER agrees the APPRAISER'S principal personnel are
licensed as Certified General Appraisers with the California Office of Real Estate
Appraisersand hold an MAI Designation from the Appraisal Institute and the professionals
orother individuals performing work on any PROJECT(S)shall be adequately trained to
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perform the work as required by law or by accepted standards of the applicable profession;
and
WHEREAS,the individuals listed below
Donna Conley and Scott Beyelia,Real Property Agents
2220 Tulare Street,6th Floor,Fresno,CA 93721
559-600-4109
dconlev@co.fresno.ca.us and sbevelia@co.fresno.ca.us
are designated as the CONTRACT ADMINISTRATORS forthis AGREEMENT on behalfof
the COUNTY,and shall remain so unless the APPRAISER is otherwise notified in writing
by the COUNTY'S Director of Public Works and Planning or his/her designee (hereinafter
referred to as "the DIRECTOR");and
WHEREAS,the individual listed for each firm in Appendix A,attached hereto and
incorporated herein, is designated as the PROJECT MANAGER forthe APPRAISER for
the AGREEMENT,and shall remain so unless the APPRAISER requests andthe
DIRECTOR approves,in writing,a change ofthe APPRAISER'S PROJECT MANAGER,
which approval will not be unreasonably withheld; and
WHEREAS,said AGREEMENT is subject to49 Code of Federal Regulations
(hereinafter referred toas "49 CFR"),Part 26 Participation by Disadvantaged Business
Enterprises in Department of Transportation Financial Assistance Programs,
Disadvantaged Business Enterprise programs established by other federal agencies and/or
COUNTY'S Disadvantaged Business Enterprise Program (all of which hereinafter referred
to as "DBE PROGRAM(S)"),
NOW,THEREFORE, in consideration of the promises and covenants set forth
herein,the above named parties agree as follows:
I.CONTRACTING OF APPRAISER
A.The COUNTY hereby contracts with the APPRAISER as an independent
contractor to provide appraisal services for partial and full parcel acquisitions required for
the PROJECT(S).Said services are described in Article II and enumerated inArticle III
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herein.
B.The APPRAISER'S services shall be performed as expeditiously as is
consistent with professional skill and the orderly progress of the work,based on schedules
foreach specific PROJECT mutually agreed upon in advance bythe CONTRACT
ADMINISTRATOR and the APPRAISER.
C. The APPRAISER'S PROJECTteam staff,including subconsultants, shall be
as listed in Appendix A.Any substitutions ofpersonnel shall be approved by the
CONTRACT ADMINISTRATOR,which approval shall notbe unreasonably withheld.The
APPRAISER shall notify the CONTRACT ADMINISTRATOR of the names and
classifications of employees assigned toeach specific PROJECT,and shall not reassign
such employees to other the PROJECTS of the APPRAISER without notification to and
prior approval by the CONTRACT ADMINISTRATOR.
D.The APPRAISER may retain,as subconsultants,specialists insuch
disciplines including,but not limited to,title reports, appraisals,acquisition,and relocation
assistance as the APPRAISER requiresto assist in completing the work.All
subconsultants used bythe APPRAISER shall be approved in writing bythe CONTRACT
ADMINISTRATOR beforethey are retained bythe APPRAISER,which approval shallnot
be unreasonably withheld.The subconsultants listed inAppendixAshall be considered as
approved by the CONTRACT ADMINISTRATOR.Should the APPRAISER retain any
subconsultants,the maximum amount of compensation to be paid to the APPRAISER
under Article VI belowshall not be increased.APPRAISER mark-ups on direct costs,
including subconsultant fees,are not allowed.
E. Any subcontract in excess of $25,000 entered into as a result of the
AGREEMENT, shall contain all the provisions stipulated in the AGREEMENT to be
applicable to subcontractors.
F.The APPRAISER is responsible for being fully informed regardingthe
requirements of49 CFR, Part 26 and the California Department of Transportation's
(CALTRANS)Disadvantaged Business Enterprise program developed pursuant to the
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regulations,as detailed in Appendix C, attached hereto and incorporated herein.
II-DESCRIPTION OF THE WORK COVERED BY AGREEMENT
A.The professional services to be performed bythe APPRAISER under Article
III the AGREEMENT,include butare not limited to,real property appraisal services for
partial and full acquisitions required for the PROJECT(S).The PROJECT(S),may include
but are not limited to,road reconstruction,road widening,bridge replacement,bridge
rehabilitation,bike paths,traffic signal design,traffic calming,waterand wastewater
treatment plants as well as design for remodeling,demolition and alteration of existing
buildings and new building construction.
B.The APPRAISER agrees to provide the professional services necessary for
each PROJECTwhen expressly authorized in writing bythe CONTRACT
ADMINISTRATOR.Such work bythe APPRAISER shall not begin until the APPRAISER
has received a written Notice to Proceed from the CONTRACT ADMINISTRATOR
authorizing the necessary service, agreed uponfee, and scope of work.
III.APPRAISER'S SERVICES
A.The APPRAISER shallsubmita price quote in response totask orders issued
bythe CONTRACT ADMINISTRATOR on a project-by-project basis. For routine
PROJECT(S), allAPPRAISER(S) listed on Appendix "A"will be issued a task order and will
have five (5)working daysto submit a price quote and schedule for completion for the
requested work.Those APPRAISER(S)that submita pricequote and schedule for
completion shall include a quote for the preparation of narrative appraisal reports and a per
hour quote for pretrial conferences,depositions,court appearances,updating appraisals
and all other necessary activities required for an Eminent Domain action.The APPRAISER
with the pricequote and submittal schedule that best meets the requirements of each
PROJECT will be selected.
B.Depending ontheexact nature ofthe PROJECT(S),the APPRAISER(S)may
beasked by the CONTRACT ADMINISTRATOR to describe special experience they may
possess and/or their ability to meet the PROJECT(S)deadlines prior to issuing a task
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order.Under such circumstances, a task order will only be issued bythe CONTRACT
ADMINISTRATOR to the APPRAISER(S)most qualified to provide the appraisalservices
required for the PROJECT(S).The APPRAISER with the qualifications,price quote and
submittal schedule that best meets the requirements of each PROJECT will be selected.
C. The APPRAISER agrees to provide the professional services that are
necessary to completethe following tasks whenexpressly authorized in writing bythe
CONTRACT ADMINISTRATOR:
1.Narrative Appraisal Report:
Upon receiving written authorization to proceed from the CONTRACT
ADMINISTRATOR,the APPRAISER will conduct the appraisal(s)and furnish a complete
narrative appraisal report,in triplicate,with an electronic copy in AdobeAcrobat 9 .PDF
format on compact disk oron a flash drive for the agreed upon parcel(s)within the time
frame stated in the authorization to proceed. The APPRAISER shall provide the
CONTRACT ADMINISTRATOR with a narrative type appraisal for the parcel(s),containing
information included in Appendix B,"Appraisal Requirements for Fresno County
Appraisals,"attached hereto and made a part hereof.
If requested by the CONTRACT ADMINISTRATOR,the APPRAISER shall provide
minor updates and revisions to the reports provided pursuant to the AGREEMENTat no
cost to the COUNTY.Extensive updates and revisions shall be provided at the request of
COUNTY and shall be compensated at the rate set forth in the bid.
Pursuant to Government Code, Section 7267.1(b), the property owner or his/her
designated representative must be offered the opportunity to accompany the appraiser
during his/her inspection ofthe property. The APPRAISER shall comply with this
requirement and include a statement in the appraisal that on a certain date the owner or
his/her designated representative was giventhis opportunity and he/she either accepted or
declined. The APPRAISER shall indicate the date on which the property was inspected
and if the owner or his/her representative was present.
The APPRAISER shall review the construction drawings to determine how the
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proposedgrade, drainage,access,etc., affectsthe remaining property.The APPRAISER
shall initiate the request by contacting the CONTRACT ADMINISTRATOR in writing.
The APPRAISER warrants that if he/she has any interest,present or contemplated,
in any property affected bythe AGREEMENT,the APPRAISER will notify the CONTRACT
ADMINISTRATOR and will withdraw his/her bid for that PROJECT(S).
The APPRAISER agrees that his/her report and conclusions are for the
confidential information ofthe COUNTY in connection with any property acquisition or
condemnation action(s)involving the properties which are the subjectofthe appraisal
report andthat he/she will not disclose his/her conclusions in whole or in part to any person
whatsoever other than as provided in the AGREEMENT.The APPRAISER further agrees
that his/her report,conclusions and other work,whether completed or partially completed,
are the sole property of the COUNTY.
Written consent is hereby givento the COUNTY,at itssole option,to disseminate to
the public through the news media, or any other public means of communication,the
contents or valuation conclusion ofthe appraisal report prepared hereunder.
The appraisals will be used to make initial offers to propertyowners and others
having an interest inthe real estate as required bythe Uniform Relocation Assistance and
Real Property Acquisition Act.
2.Trial Preparation
Upon notice from the CONTRACT ADMINISTRATOR that an Eminent Domain
action has been filed on property appraised,the APPRAISER shall provideand be
compensated for all necessary assistance in litigating such action including,but not limited
to, pretrial conferences,depositions, court appearances and updating of appraisals.
IV.OBLIGATIONS OF COUNTY
COUNTY will:
A. Provide a CONTRACT ADMINISTRATOR as a representative of the
COUNTY and who,as such,will coordinate with the APPRAISER as appropriateto
facilitate the APPRAISER'S performance of its obligations under the AGREEMENT
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B.Issue task orders on a project-by-project basis. Task orders will at a minimum
include a scope of work,location,and schedule for the PROJECT.
C.Compensate the APPRAISER as provided inthe AGREEMENT.
Provide all surveying and staking.
Provide design ofthe PROJECT(S)and prepare legal descriptions.
Prepare right-of-way maps.
Examine documents submitted and render timely decisions pertaining
D.
E.
F.
G.
thereto.
H.Examine documents submitted tothe CONTRACT ADMINISTRATOR by the
APPRAISER and timely render decisions pertaining thereto.
I.Provide mailing lists and labels for notification of property owners upon the
APPRAISER'S request.
J.Give reasonably prompt consideration to all matters submitted by the
APPRAISER for approval totheend thatthere will be no substantial delays in
APPRAISER'S program of work.An approval,authorization orrequest tothe APPRAISER
given bythe CONTRACT ADMINISTRATOR will be binding underthe terms ofthe
AGREEMENT only if it is made in writing and signed on behalf ofthe COUNTY by the
CONTRACT ADMINISTRATOR.
V.PERFORMANCE PERIOD
A.The term ofthe Agreement will be three years,unless prior to its expiration its
term is extended in writing,for no more than two additional one-year terms,by mutual
consent of the Director or his/her designee and the APPRAISER.
B.The APPRAISER is advised and hereby acknowledges its understanding that
any recommendation for award is not binding on the COUNTY until the AGREEMENT is
fully executed following itsapproval bythe COUNTY'S BoardofSupervisors.
VI.COMPENSATION AND PAYMENTS
A.The APPRAISER shall be compensated in accordance with the bid provided
by the APPRAISER and accepted by the CONTRACT ADMINISTRATOR for each specific
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PROJECT.For those additional parcelsappraised at the request ofthe CONTRACT
ADMINISTRATOR,the APPRAISER shall be compensated at the same rate as set forth in
the bid for the project.The APPRAISER shall be compensated for extensive updates and
revisions ata rate that takes into consideration the appraisal information previously
assembled for the original appraisal.All trial preparation and trial services will be provided
on a per hour basis as indicated in the APPRAISER'S bid.
B.In no event shall the services performed under this AGREEMENT during its
term (i.e.,the cumulative total for all services performed by all firms listed in Appendix A
considered collectively)be in excess of Five Hundred Thousand Dollars and No/100
($500,000.00).
C.Upon receipt ofa proper invoice,the COUNTY Department of Public Works
and Planning hereinafter referred to as "the DEPARTMENT"will take a maximum often
(10) working days to review,approve,and submit itto the COUNTYAuditor
Controller/Treasurer Tax Collector.Unsatisfactory or inaccurate invoices will be returned to
the APPRAISER for correction and resubmittal.Payment will be issued to the
APPRAISER within forty (40)calendar days of the date the COUNTY Auditor
Controller/TreasurerTax Collectorreceives the approved invoice.The APPRAISER shall
submit an invoice at the completion of the PROJECT to
PWPBusinessOffice@co.fresno.ca.us.
D.An unresolved dispute over a possible error or omission may cause payment
ofthe APPRAISER fees in the disputed amountto be withheld bythe COUNTY.
E.In the eventthe CONTRACT ADMINISTRATOR reducesthe scope of
APPRAISER'S work underthe AGREEMENT fora specific PROJECT (or discontinues a
specific PROJECT),whether duetoa deficiency in the appropriation of anticipated funding
or otherwise, the APPRAISER will be compensated on a pro rata basis for actual work
completed and accepted by the CONTRACT ADMINISTRATOR in accordance with the
terms of the AGREEMENT.
VII.RETENTION FROM EARNED COMPENSATION
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Retention will notbe withheld from the APPRAISER'S invoice(s).
VIII.TERMINATION
A.This AGREEMENT may be terminated without causeat any time by the
COUNTY upon thirty(30)calendar days'written notice.If the COUNTY terminates this
AGREEMENT,the APPRAISER shall be compensated for services satisfactorily completed
tothe date of termination based upon the compensation rates and subjecttothe maximum
amounts payable agreed to in Article VI,together with such additional services
satisfactorily performed after termination which are expressly authorized by the COUNTY
to conclude the work performed to date of termination.
B.If the APPRAISER purportsto terminate the AGREEMENT,or otherwise
refuses to perform pursuant to the AGREEMENT,for reasons other than material breach
bythe COUNTY,the APPRAISER shall reimburse the COUNTY,uptoa maximum of
$10,000 for the actual expense of issuing a Request For Proposal (RFP),engaging a new
APPRAISER,andthe new APPRAISER'S cost in becoming familiar with the previous
APPRAISER'S work.The COUNTY'S entitlement to such reimbursement shall in no way
be construed as a limitation on otherdamages that may be recoverable by the COUNTY as
a resultofthe APPRAISER'S termination,in breach of its obligations hereunder.
C. The COUNTY may immediately suspend or terminate the AGREEMENT in
whole or in part,where in the determination of the COUNTY there is:
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2.
3.
4.
D.
An illegal or improper use of funds;
Afailure to comply with any term of this AGREEMENT;
Asubstantially incorrector incomplete report submitted to the COUNTY;
Improperly performed service.
In noevent shallany paymentbythe COUNTY constitute a waiver bythe
COUNTY ofany breach ofthis AGREEMENT or any default which maythen existon the
partofthe APPRAISER,norshallsuch payment impair or prejudice any remedy available
tothe COUNTY with respecttothe breach or default.The DIRECTOR shall havethe right
to demand ofthe APPRAISER the repaymentto the COUNTY ofanyfunds disbursed to
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the APPRAISER under this AGREEMENT,which,in the judgment ofthe DIRECTOR and
as determined in accordance with the procedures of Article XVI,were not expended in
accordance with the terms of this AGREEMENT.The APPRAISER shall promptly refund
any such funds upon demand.
E.The terms ofthe AGREEMENT,and the services to be provided thereunder,
are contingent on the approval of funds by the appropriating government agency.Should
sufficient funds not be allocated,the services provided may be modified,orthe
AGREEMENT terminated at any time by giving the APPRAISER thirty (30)days advance
written notice.In the event of termination on the basis of this Paragraph,the
APPRAISER'S entitlement to payment,in accordance with the payment provisions set forth
hereinabove,shall apply only to work performed by the APPRAISER prior to receipt of
written notification ofsuch non-allocation of sufficient funding.
IX.FUNDING REQUIREMENTS
A.It is mutually understood between the parties that the AGREEMENT may
have been written before ascertaining the availability of funds or appropriation of funds,for
the mutual benefit of both parties,in order to avoid program and fiscal delays that would
occur if the AGREEMENT were executed after that determination was made.
B.The AGREEMENT is subject toany additional restrictions,limitations,
conditions,or any legislation enacted by the Congress,State Legislature or County Board
of Supervisors that may affect the provisions,terms,or funding of the AGREEMENT in any
manner.
C.It is mutually agreed that if sufficient funds are not appropriated,the
AGREEMENT may be amended to reflect any reduction in funds.
D.The COUNTY hasthe option to void the AGREEMENT under the 30-day
cancellation clause, orto amend the AGREEMENT by mutually acceptable modification of
its provisions to reflect any reduction of funds.
X.CHANGE IN TERMS
A.The AGREEMENT maybe amended or modified only by mutual written
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agreement of all parties.Except as provided in Article V,Section A,any such written
amendment to the AGREEMENT may be approved on the COUNTY'S behalf only by its
Board of Supervisors.
B.The APPRAISER shall only commence work covered by an amendment after
the amendment has been fully executed and written notification to proceed has been
issued by the CONTRACT ADMINISTRATOR.
XI.DISADVANTAGED BUSINESS ENTERPRISES (DBE)PARTICIPATION
A.The APPRAISER must give consideration to Disadvantaged Business
Enterprise (hereinafter referred to as "DBE")firms as specified in 23 CodeofFederal
Regulations (hereinafter referred toas "CFR")Section 172.5(b),and in 49 CFR,Part 26.
The APPRAISER must meet the DBE goal established for PROJECTS by using DBEs as
subconsultants or document a good faith effort to have met the goal.If a DBE
subconsultant is unable to perform,the APPRAISER mustmakea good faith effort to
replace him/her with another DBE subconsultant if the goal is not otherwise met.
B.The APPRAISER is responsible for being fully informed regarding the
requirements of Title 49 CFR,Part26and CALTRANS'Disadvantaged Business
Enterprise program developed pursuant tothe regulations,as detailed in Appendix C,
Notice to Proposers DBE Information,attached heretoand incorporated herein.
C.A DBE subconsultant may be terminated only with written approval by the
CONTRACT ADMINISTRATOR and only for reasons specified in 49 CFR Section 26.53(f).
Prior to requesting the CONTRACT ADMINISTRATOR consent for the proposed
termination,the APPRAISER mustmeet the procedural requirements specified in 49 CFR
Section 26.53(f).
XII.COST PRINCIPLES
A.The APPRAISER agrees thatthe Contract Cost Principles and Procedures,
Title 48 CFR,Federal Acquisition Regulations System,Chapter 1,Part 31.000 et seq.,
shall be used to determine the allowability of cost for individual items. The APPRAISER
shall sign the Certification of Contract Costs and Financial Management System,which
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shall be kept on file with the Department and distributed to Caltrans Audits and
Investigations.
B. The APPRAISER also agrees to comply with federal procedures in
accordance with Title49 CFR,Part 18,Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments.
C. Any costs for which payment has been made to the APPRAISER that are
determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31.000et seq., are subjectto
repayment by the APPRAISER to the COUNTY.
XIII.COVENANT AGAINST CONTINGENT FEES
The APPRAISER warrants,by execution of this AGREEMENT,that the
APPRAISER has not employed or retained any company or person,other than a bona fide
employee working for the APPRAISER;to solicit or secure this AGREEMENT;and that
APPRAISER has not paid or agreed to pay any company or person other than a bona fide
employee,any fee,commission,percentage,brokerage fee,gift,or any other
consideration,contingent upon or resulting from the award or formation of the
AGREEMENT.Forbreach or violation ofthis warranty,the COUNTY shall have the right to
annulthe AGREEMENT without liability,and to pay only for the value ofthe work actually
performed by the APPRAISER,or alternatively in the COUNTY'S discretion,to deduct from
the contract price or consideration, or otherwise recover the full amount ofsuch any such
commission,percentage,brokerage fee,gift,contingent fee or similar form of consideration
previously paid by the APPRAISER.
XIV.RETENTION OF RECORDS/AUDIT
A. For the purpose of determining the sufficiency of the CONSUTLANT'S
performance of the a AGREEMENT (and compliance with Public Contract Code 10115,et
seq.and Title 21, California Code of Regulations,Chapter 21,Section 2500 et seq.,when
applicable),the APPRAISER,subcontractors,and the COUNTY,and each of them,shall
maintainall books,documents,papers,accounting records, and other evidence pertaining
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tothe performance ofthe AGREEMENT,including but not limited to,the costs of
administering the AGREEMENT.
B.All parties shall make such materials available at their respective offices at all
reasonable times throughout the entirety of the AGREEMENT term and for three years
from thedateof final payment under the AGREEMENT,pursuant to Government Code
8546.7.The state,the State Auditor,the COUNTY,Federal Highway Administration,or any
duly authorized representative of the federal government shall have access to any books,
records,and documentsofthe APPRAISER that are pertinent tothe AGREEMENT for
audit,examinations,excerpts,and transactions,and copies thereof shall be furnished if
requested.It shall be the responsibility ofthe APPRAISER to ensure that all subcontracts
in excess of$25,000 shall containthis provision.
C.The APPRAISER and subconsultants'contracts,including cost proposals and
indirect cost rates (ICR),are subject to audits or reviews such as,but not limited to,a
Contract Audit,an Incurred Cost Audit,an ICR Audit,or a certified public accountant (CPA)
ICR Audit Workpaper Review.If selected for audit or review,the AGREEMENT,cost
proposal and ICR and related workpapers,if applicable,will be reviewed to verify
compliance with 48 CFR,Part 31 and other related laws and regulations.In the instances
of a CPA ICR Audit Workpaper Review it is the APPRAISER'S responsibility to ensure
federal,state,or local government officials are allowed full access to the CPA's
workpapers.The AGREEMENT,cost proposal,and ICR shall be adjusted by the
APPRAISER and approved bythe CONTRACT ADMINISTRATOR to conform tothe audit
or review recommendations. The APPRAISER agrees that individual terms ofcosts
identified in the audit report shall be incorporated into the AGREEMENT by this reference if
directed by COUNTY at its sole discretion.Refusal by the APPRAISER to incorporate audit
or review recommendations,ortoensurethatthe Federal,State,or local governments
have access to CPAworkpapers,will be considered a breach ofthe AGREEMENT terms
andcause for termination ofthe AGREEMENT and disallowance of prior reimbursed costs.
XV.AUDIT REVIEW PROCEDURES
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A.Any dispute concerning a question of fact arising under an interim or post
audit of this contract that is not disposed of by agreement between the parties,shall be
reviewed by the COUNTY'S Auditor/Controller/Treasurer/Tax-Collector.
B.Not later than 30 days after issuance ofthe final audit report,the
APPRAISER mayrequest a review bythe COUNTY'S Auditor/Controller/Treasurer/Tax-
Collector of unresolved audit issues.The request for review will be submitted in writing.
C.Neither the pendency of a dispute nor its consideration by the COUNTY will
excuse the APPRAISER from full and timely performance,in accordance with the termsof
this AGREEMENT.
XVI.ERRORS OR OMISSIONS CLAIMSAND DISPUTES
A.Definitions:
1.A "Claim"is a demand or assertion by one of the parties seeking,as a matter
of right,adjustment or interpretation of contract terms,payment of money,extension of
time,change orders, or other relief with respect to the terms ofthe contract. The term
"Claim"also includes other disputes and matters in question betweenthe COUNTY and
the APPRAISER arising out of or relating to the contract.Claims must be made by written
notice.The provisions of Government Code section 901,et seq.,shall apply to every claim
made to the COUNTY.The responsibility to substantiate claims shall rest with the party
making the claim.The term "Claim"also includes any allegation of an error or omission by
the APPRAISER.
B.In the spirit of cooperation between the COUNTY andthe APPRAISER,the
following procedures are established in the event of any claim or dispute alleging a
negligent error,act,or omission,of the APPRAISER.
1.Claims,disputes or other matters in question between the parties,arising out
of or relating to this AGREEMENT,shall not be subject to arbitration,but shall be subject to
the following procedures.
2.The COUNTY andthe APPRAISER shall meetand confer and attempt to
reach agreement on any dispute,including what damages have occurred, the measure of
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damages and what proportion of damages,if any,shall be paid by either party.The parties
agree to consult and consider the use of mediation or other form of dispute resolution prior
to resorting to litigation.
3.If the COUNTY and the APPRAISER cannot reach agreement under Article
XVI,Section B,Paragraph 2,the disputed issues may,upon concurrence by all parties,be
submitted toa panel of three (3)for a recommended resolution.The APPRAISER and the
COUNTY shall each selectone (1)member ofthe panel,andthe third member shall be
selected by the other two panel members.The discovery rights provided by California
Codeof Civil Procedure for civil proceedings shall be available and enforceable to resolve
the disputed issues.Either party requesting this dispute resolution process shall,when
invoking the rights to this panel,give to the other party a notice describing the claims,
disputes and other matters in question.Prior to twenty (20)working days before the initial
meeting of the panel,both parties shall submit all documents such party intends to rely
upon to resolve such dispute.If it is determined by the panel that any party has relied on
such documentation,but has failed to previously submit such documentation on a timely
basis to the other party,the other party shall be entitled to a 20-working-day continuance of
such initial meeting of the panel.The decision by the panel is not a condition precedent to
arbitration,mediation or litigation.
4.Upon receipt of the panel's recommended resolution of the disputed issue(s),
the COUNTY and the APPRAISER shall again meet and confer and attempt to reach
agreement.If the parties still are unable to reach agreement,each party shall have
recourse to all appropriate legal and equitable remedies.
C.The procedures to be followed in the resolution of claims and disputes may
be modified any time by mutual agreement ofthe parties hereto.
D.The APPRAISER shall continue to perform its obligations under this
AGREEMENT pending resolutionof any dispute, and the COUNTY shall continue to make
payments of all undisputed amounts due under this AGREEMENT.
E.Whena claim byeither party has been made alleging the APPRAISER'S
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negligent error,act,or omission,the COUNTY and the APPRAISER shall meet and confer
within twenty-one (21)working days after the written notice of the claim has been provided.
XVII.SUBCONTRACTING
A.The APPRAISER shall perform the work contemplated with resources
available within its own organization;and no portion of the work pertinent to this contract
shall be subcontracted without written authorization by the CONTRACT ADMINISTRATOR,
excepting only those portions of the work and the responsible subconsultants that are
expressly identified in Appendix A hereto.
B.Any subcontract in excess of $25,000 entered into as a result of the
AGREEMENT,shall contain all the provisions stipulated in this AGREEMENT to be
applicable to subconsultants.
C.Any substitution of subconsultants must be approved in writing by the
CONTRACT ADMINISTRATOR.
XVIII.EQUIPMENT PURCHASE
Thissection does notapplyto the AGREEMENT.
XIX.INSPECTION OF WORK
The APPRAISER and any subcontractor shall permit the COUNTY,the state,and
the FHWA to review and inspect the PROJECT activities and files at all reasonable times
during the performance period of the AGREEMENT including review and inspection on a
daily basis.
XX.INSURANCE
A.Without limiting the COUNTY'S right to obtain indemnification from the
APPRAISER or any third parties,the APPRAISER,at its sole expense,shall maintain in ful
force and effect,the following insurance policies prior to commencement of any work for
the COUNTY and,thereafter,throughout the entire term of this AGREEMENT (with the
exception of Professional Liability Insurance,which the APPRAISER shall maintain in full
force and effect for the additional period of time required by Article XX,Section A,
Paragraph 4).
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1.Commercial General Liability Insurance with limits not less than One Million
Dollars ($1,000,000.00)per occurrence and an annual aggregate of not less than Two
Million Dollars ($2,000,000.00).This policy shall be issued ona per occurrence basis.The
COUNTY may require specific coverages including completed operations,products liability,
contractual liability,Explosion-Collapse-Underground,fire legal liability or any other liability
insurance deemed necessary because of the nature of this AGREEMENT.
2.Comprehensive Automobile Liability Insurance with limits for bodily injury of
Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand
Dollars ($500,000.00)per accident and for property damages of Fifty Thousand Dollars
($50,000.00),or such coverage with a combined single limit of Five Hundred Thousand
Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in
connection with this AGREEMENT.
3.Worker's Compensation insurance policy as required by the California Labor
Code.
4.Professional Liability Insurance (Errors and Omissions
a. The APPRAISER shall maintain a policy of Errors and Omissions
Liability insurance with limits of not less than One Million Dollars ($1,000,000.00)per claim,
Two Million Dollars ($2,000,000.00) annual aggregate.
b. The Professional Liability Insuranceshallbe kept in full force and
effect for a period ofthree (3)years from the date of substantial completion ofthe
APPRAISER'S work as determined by the COUNTY.
The APPRAISER shall obtain endorsements to the Commercial General Liability
insurance naming the COUNTY,its officers,agents,and employees,individually and
collectively,as additional insured, but only insofaras the operations under this
AGREEMENT are concerned.Such coverage for additional insured shall apply as primary
insurance and anyother insurance,or self-insurance,maintained by the COUNTY,its
officers,agents and employees shall be excess only and not contributing with insurance
provided under the APPRAISER'S policies herein.The APPRAISER shall give the
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COUNTY at least thirty (30)days advance written notice of any cancellation,expiration,
reduction or other material change in coverage with respect to any of the aforesaid policies.
Prior to commencing anysuch work underthe AGREEMENT,the APPRAISER shall
provide to the COUNTY certificates of insurance and endorsements for all of the required
policies as specified above,stating that all such insurance coverage has been obtained
and is in full force;that the COUNTY,its officers,agents and employees will not be
responsible for any premiums on the policies;that such Commercial General Liability
insurance names the COUNTY,its officers,agents and employees,individually and
collectively,as additional insured,but only insofar as the operations under this
AGREEMENT are concerned;that such coverage for additional insured shall apply as
primary insurance and any other insurance,or self-insurance,maintained by the COUNTY,
its officers,agents and employees,shall be excess only and not contributing with insurance
provided under the APPRAISER'S policiesherein; and that this insurance shall not be
cancelled or changed without a minimum of thirty (30)days advance,written notice given
to the COUNTY.All certificates shall clearly indicate the COUNTY'S identifying Contract
Numberforthis AGREEMENT,and the certificates shall be sent to the attention ofthe
CONTRACT ADMINISTRATOR.
In the event the APPRAISER fails to keep in effect at all times insurance coverage
as herein provided,the COUNTY may,in addition to other remedies it may have,suspend
or terminate this AGREEMENT upon the occurrence of such event.All policies shall be
issued by admitted insurers licensed todo business in theState of California,and all such
insurance shall be purchased from companies possessing a current A.M.Best,Inc.rating
of A and FSC VII or better.
XXI.OWNERSHIP OF DATA
A.All documents,including preliminary documents,calculations,and survey
data,required in performing services underthe AGREEMENT shallbe submitted to,and
shall remain at all times the property ofthe COUNTY regardless of whether theyare in the
possession ofthe APPRAISER oranyother person,firm,corporation or agency.
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B.The APPRAISER understands and agrees the COUNTY shall retain full
ownership rights ofthe work product of the APPRAISER for the PROJECT,to the fullest
extent permitted by law.In this regard,the APPRAISER acknowledges and agrees the
APPRAISER'S services are on behalf of the COUNTY and are "works made for hire,"as
that term is defined in copyright law,by the COUNTY;that the work product to be prepared
by the APPRAISER are for the sole and exclusive useofthe COUNTY,and thatthe
COUNTY shall bethe sole owner of all patents,copyrights,trademarks,trade secrets and
other rights and contractual interests in connection therewith which are developed and
compensated solely under the AGREEMENT;that all the rights,title and interest in andto
the work product will be transferred tothe COUNTY by the APPRAISER tothe extent the
APPRAISER has an interest in and authority to convey such rights;and the APPRAISER
will assist the COUNTY to obtain and enforce patents,copyrights,trademarks,trade
secrets,and other rights and contractual interests relating to said drawings and work
product,free and clear of any claim by the APPRAISER or anyone claiming any right
through the APPRAISER.The APPRAISER further acknowledges and agrees the
COUNTY'S ownership rights in such work product,shall apply regardless of whether such
work product,or any copies thereof,are in possession of the APPRAISER,or any other
person,firm,corporation,or entity.Forpurposes ofthis AGREEMENT the term "work
product"shall mean all reports and study findings that result from the tasks assigned to the
APPRAISER by the COUNTY under the AGREEMENT.
C.If the AGREEMENT is terminated during or at the completion of any phase
under Article III,a reproducible copy of report(s)or preliminary documents shall be
submitted by the APPRAISER to the COUNTY,which may use them to complete the
PROJECT(S)at a future time.
D.Documentsprepared bythe APPRAISER pursuantto the AGREEMENT are
intended to be suitable for reuse by the COUNTY orotherson extensionsofthe services
provided for the PROJECT(S).Any useof completed documents for projects other than
PROJECT(S)and/or any use of uncompleted documents will be at the COUNTY'S sole risk
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and without liability or legal exposure to APPRAISER.
The electronic files provided bythe APPRAISER to the COUNTY are submitted for
an acceptance period lasting until the expiration ofthe AGREEMENT (i.e.,throughout the
duration ofthe contract term,including any extensions).Any defectsthe COUNTY
discovers during such acceptance period will be reported to the APPRAISER and will be
corrected as part of the APPRAISER'S "Basic Scope of Work."
E.The APPRAISER shall not be liable for claims,liabilities or losses arising out
of,or connected with (1)the modification or misuse by the COUNTY or anyone authorized
by the COUNTY,of such CAD data,or (2)decline of accuracy or readability of CAD data
dueto inappropriate storage conditions or duration;or (3)anyuse by the COUNTY,or
anyone authorized by the COUNTY,of such CAD data or other PROJECT documentation
for additions tothe PROJECT for the completion ofthe PROJECT by others,or for other
projects,except to the extent that said use may be expressly authorized,in writing,by the
APPRAISER.
F.The COUNTY,atthe discretion of its Board of Supervisors,may permit the
copyrighting of reports or other products ofthe AGREEMENT;and provided further,that if
copyrights are permitted, the APPRAISER hereby agrees and the AGREEMENT shall be
deemed to provide thatthe Federal Highway Administration shall have the royalty-free
nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize
others to use, the workfor government purposes.
XXII.CLAIMS FILED BY COUNTY'S CONSTRUCTION CONTRACTOR
A.If claims are filed bythe COUNTY'S CONTRACTOR relating to work
performed by the APPRAISER'S personnel,and additional information or assistance from
the APPRAISER'S personnelis required in ordertoevaluate ordefendagainstsuch
claims,then the APPRAISER herebyagrees in such event to make itspersonnel available
for consultation with the COUNTY'S construction contract administration and legal staff and
for testimony,if necessary, at depositions and at trial or arbitration proceedings.
B.The APPRAISER'S personnel that the COUNTY considers essential to assist
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in defending againstthe CONTRACTOR claims will be made available on reasonable
notice from the DIRECTOR.Servicesofthe APPRAISER'S personnel in connection with
consultation or testimony for this purpose will be performed pursuantto a written contract
amendment,if determined by the parties tobe necessary or appropriate.
XXIII.CONFIDENTIALITY OF DATA
A.All financial, statistical,personal,technical,or other data and information
relative tothe COUNTY'S operations,which are designated confidential by the COUNTY
and made available tothe APPRAISER in order to carry outthe AGREEMENT,shall be
protected by the APPRAISER from unauthorized use and disclosure.
B.Permission to disclose information on one occasion,or public hearing held by
the COUNTY relating to the contract, shall not authorize the APPRAISER to further
disclosesuch information,ordisseminate the same on any other occasion.
C.The APPRAISER shall not comment publicly tothepressor any other media
regarding the AGREEMENT orthe COUNTY'S actions on thesame,except tothe
COUNTY'S staff,the APPRAISER'S own personnel involved in the performance ofthe
AGREEMENT,at public hearings or in response to questions from a Legislative committee
D.The APPRAISER shallnotissue any news release or public relations item of
any nature, whatsoever, regarding work performed or to be performed under the
AGREEMENT without prior review of the contents thereof by the COUNTY,and receipt of
the COUNTY'S written permission.
XXIV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296,the APPRAISER hereby
states under penalty of perjury that no morethan one final unappealable finding of
contempt of court by a federal court has been issued against the APPRAISER within the
immediately preceding two-year period,because ofthe APPRAISER'S failure to comply
with an orderofa federal courtthat orders the APPRAISER to comply with an orderofthe
National Labor Relations Board.
XXV.EVALUATION OF APPRAISER
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The APPRAISER'S performance will be evaluated by the COUNTY using the form
attached as Appendix D.Acopy of the evaluation will be sent to the APPRAISER for
comments.The evaluation together with the comments shall be retained as part ofthe
contract record.
XXVI.STATEMENT OF COMPLIANCE:NON-DISCRIMINATION
A.The APPRAISER'S signature affixed herein, and dated, shall constitute a
certification under penalty of perjury under the laws of the State of California that the
APPRAISER has,unless exempt,complied with,the nondiscrimination program
requirements of Government Code Section 12990 and Title2, California
Administrative Code,Section 8103.
B.During the performance of the AGREEMENT,the APPRAISER and its
subconsultants shall not unlawfully discriminate,harass,or allow harassment against any
employee or applicant for employment becauseof sex,race,color,ancestry,religious
creed,national origin,physical disability (including HIV and AIDS),mental disability,
medical condition (e.g.,cancer),age (over 40),marital status,and denial of family care
leave. The APPRAISER and subconsultants shall insure that the evaluation and treatment
oftheir employees and applicants for employment are free from such discrimination and
harassment.The APPRAISER and subconsultants shall comply with the provisions ofthe
Fair Employment and Housing Act (Gov.Code§12990 (a-f)et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations,Title 2, Section 7285
et seq.). The applicable regulationsofthe Fair Employment and Housing Commission
implementing Government Code Section 12990 (a-f),set forth in Chapter5 of Division 4 of
Title 2 ofthe California Codeof Regulations,are incorporated into the AGREEMENT by
reference and made a part hereof as if set forth in full.The APPRAISER and
subconsultants shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
C.The APPRAISER and subconsultants shall include the nondiscrimination and
compliance provisions of this clause inall subcontracts to perform work under the
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AGREEMENT.
XXVII.DEBARMENTAND SUSPENSION CERTIFICATION
A.The APPRAISER'S signature affixed herein,shall constitute a certification
under penalty of perjury underthe laws ofthe State of California,thatthe APPRAISER has
complied with Title 49,Code of Federal Regulations,Part 29,Debarment and Suspension
Certificate,which certifies that he/she or any person associated therewith in the capacity of
owner,partner,director,officer,or manager,is not currently under suspension,debarment,
voluntary exclusion,or determination of ineligibility by any federal agency;has not been
suspended,debarred,voluntarily excluded,or determined ineligible by any federal agency
within the past three (3)years;does not have a proposed debarment pending;and has not
been indicted,convicted,or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
three (3)years.Any exceptionsto this certification must be disclosed to the COUNTY on
Appendix E.
B.Exceptions will not necessarily result in denial of recommendation for award,
but will be considered in determining APPRAISER responsibility.Disclosures must indicate
to whom exceptions apply,initiating agency, and dates ofaction.
C.Exceptions to the Federal Government Excluded Parties Listing System
maintained by the General Services Administration aretobe determined by the Federal
Highway Administration.
XXVIII.COMPLIANCE WITH LAWS AND STATE PREVAILING WAGE RATES
A.The APPRAISER shall comply with the State of California's General
Prevailing Wage Rate requirements in accordance with California Labor Code,Section
1770,and all Federal,State, and local laws and ordinances applicable tothe work.
B. Any subcontract entered into as a result of this contract iffor more than
$25,000 for public works construction or more than $15,000 for the alteration,demolition,
repair,or maintenance of public works,shall contain all ofthe provisions of this Article.
XXIX.CONFLICT OF INTEREST
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A.The APPRAISER shall comply with the provisions of the Fresno County
Department of Public Works and Planning Conflict of Interest Code,attached hereto as
Appendix F and incorporated herein.Such compliance shall include the filing of annual
statements pursuant tothe regulations ofthe State Fair Political Practices Commission
including,but not limited to, portions of Form 700.
B.The APPRAISER shall disclose any financial,business,or other relationship
with the COUNTY that may have an impact upon the outcome of this contract,or any
ensuing COUNTY construction project.The APPRAISER shall also list current clients who
may have a financial interest in the outcome of this contract,or any ensuing COUNTY
construction project,which will follow.
C.The APPRAISER hereby certifies that it does not now have,nor shall it
acquire any financial or business interest that would conflict with the performance of
services under the AGREEMENT.
XXX.REBATES.KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The APPRAISER warrants thatthis AGREEMENT was not obtained orsecured
through rebates kickbacks or other unlawful consideration,either promised or paid to any
COUNTY employee.For breach or violation of this warranty,the COUNTY shall have the
right,in its discretion,todo anyofthe following:terminate the AGREEMENT without
liability;orto pay only for the value ofthe work actually performed;orto deduct from the
AGREEMENT price,or otherwise recover the full amount ofsuch rebate,kickback orother
unlawful consideration.
XXXI.PROHIBITION OF EXPENDING COUNTY STATE OR FEDERAL FUNDS FOR
LOBBYING
A.The APPRAISER shallsign the lobbying form,attached hereto and
incorporated hereinas Appendix G, as required bythe instructions found on the form.
B.The APPRAISER certifies tothebestof his orher knowledge and belief that
1.No state,federal or COUNTY appropriated funds have been paid,or will be
paid by or on behalf of the APPRAISER to any person for influencing or attempting to
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influence an officer or employee of any stateor federal agency;a Member ofthe State
Legislature or United States Congress;an officer or employee of the Legislature or
Congress;or any employee of a Member of the Legislature or Congress,in connection with
any of the following:
a. the awarding of any state or federal contract;
the making ofany state or federal grant;
the making of any state or federal loan;
the entering into ofany cooperative agreement, or
the extension, continuation, renewal,amendment,or modification of
anystate or federal contract,grant,loan,or cooperative agreement.
2.If any funds other than federally appropriated funds have been paid,or will be
paid to any person for influencing or attempting to influence an officer or employee of any
federal agency;a Member of Congress;an officer or employee of Congress,oran
employee of a Member of Congress;in connection with this federal contract,grant,loan,or
cooperativeagreement, then the APPRAISER shall completeand submitStandard Form-
LLL,"Disclosure Formto Report Lobbying,"in accordance with its instructions.
C. The certification required bythe provisions ofthis Article isa material
representation of fact upon which reliance was placed when this transaction was made or
entered into.Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Title 31,U.S.Code Section 1352.Any person who fails to file
the required certification shall be subjecttoa civil penalty ofnotless than $10,000 and not
more than $100,000 for each such failure.
D.The APPRAISERalso agrees by signing this document that he or she shall
require thatthe language of this certification be included in all lower-tier subcontracts,
which exceed $100,000,and that all such sub-recipients shall certify and disclose
accordingly.
XXXII.INDEPENDENT CONTRACTOR
A.In performance ofthe work,duties and obligations assumed by the
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APPRAISER under this AGREEMENT,it is mutually understood and agreed that the
APPRAISER,including anyand all ofthe APPRAISER'S officers,agents,and employees will
at all times be acting and performing as an independent contractor,and shall act inan
independentcapacityand notas an officer,agent, servant,employee,joint venturer,partner,
or associate ofthe COUNTY.Furthermore, the COUNTY shall have no right to control or
supervise ordirectthe manner or method by which the APPRAISER shall perform its work
and function. However, the COUNTY shall retain the rightto administer the AGREEMENT so
as to verify that the APPRAISER is performing its obligations in accordance with the terms
and conditions thereof.
B.The APPRAISER and the COUNTY shall comply with all applicable provisions
of law and the rules and regulations,if any, ofgovernmental authorities having jurisdiction
over matters the subject thereof.
C.Because of its status as an independent contractor,the APPRAISER shall
have absolutely no right to employment rights and benefits available to the COUNTY
employees. The APPRAISER shall be solely liable and responsiblefor providing to, oron
behalf of, its employees all legally-required employee benefits.In addition, the APPRAISER
shall be solelyresponsible and save COUNTY harmless from all matters relating to payment
ofthe APPRAISER'S employees,including compliance with Social Security withholding and
allother regulations governing such matters. Itis acknowledged that during the term ofthis
AGREEMENT,the APPRAISER may be providing services to others unrelated to the
COUNTY or to this AGREEMENT.
XXXIII.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the APPRAISER is operating as a corporation (a
for-profit or non-profit corporation)or if during the term of the AGREEMENT,the
CONSULANT changes its status to operate as a corporation.Members of the
APPRAISER'S Board of Directors shall disclose any self-dealing transactions that they are
a party to while the APPRAISER is providing goods or performing services under the
AGREEMENT.A self-dealing transaction shall mean a transaction to which the
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1.Commercial General Liability Insurance with limits not less than One Million
Dollars ($1,000,000.00)per occurrence and an annual aggregate of not less than Two
Million Dollars ($2,000,000.00).This policy shall be issued on a per occurrence basis.The
COUNTY may require specific coverages including completed operations,products liability,
contractual liability,Explosion-Collapse-Underground,fire legal liability or any other liability
insurance deemed necessary because of the nature of this AGREEMENT.
2.Comprehensive Automobile Liability Insurance with limits for bodily injury of
Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand
Dollars ($500,000.00)per accident and for property damages of Fifty Thousand Dollars
($50,000.00),or such coverage with a combined single limit of Five Hundred Thousand
Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in
connection with this AGREEMENT.
3.Worker's Compensation insurance policy as required by the California Labor
Code.
4.Professional Liability Insurance:
a. If the CONSULTANT employs licensed professional staff in providing
services,Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00)
per claim, Two Million Dollars ($2,000,000.00)annual aggregate.
b.The Professional Liability Insurance shall be kept in full force and
effect for a period of three (3)years from the date of substantial completion of the
CONSULTANT'S work as determined by the COUNTY.
The CONSULTANT shall obtain endorsements to the Commercial General Liability
insurance naming the COUNTY,its officers,agents,and employees,individually and
collectively,as additional insured,but only insofar as the operations under this
AGREEMENT are concerned.Such coverage for additional insured shall apply as primary
insurance and any other insurance,or self-insurance,maintained by the COUNTY, its
officers,agents and employees shall be excess only and not contributing with insurance
provided under the CONSULTANT'S policies herein.The CONSULTANT shall give the
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APPRAISER is a party and in which one or more of its directors has a material financial
interest.Members of the Board of Directors shall disclose any self-dealing transactions that
they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form,
attached hereto and incorporated as Appendix H and submitting itto the COUNTY prior to
commencing with the self-dealing transaction or immediately thereafter.
XXXIV.NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of
this AGREEMENT and changes thereto,shall be effected by the mailing thereof by
registered or certified mail,return receipt requested,postage prepaid,and addressed to
the CONTRACT ADMINISTRATOR and the APPRAISER'S Project Manager identified on
Page 1 of this AGREEMENT.
XXXV.NON-ASSIGNMENT
Neither party shall assign,transfer or sub-contract this AGREEMENT or any of its
respective rights or duties hereunder,without the prior written consent of the other party.
XXXVI.APPRAISER'S LEGAL AUTHORITY
Each individual executing or attesting the AGREEMENT on behalf of the
APPRAISER hereby covenants,warrants,and represents:(i)that he or she is duly
authorized by or in accordance with APPRAISER'S corporate by-laws to execute or attest
and deliver the AGREEMENT on behalf of the APPRAISER;and (ii)that the
AGREEMENT,once he or she has executed it, is and shall be binding upon such
Corporation.
XXXVII.BINDING UPON SUCCESSORS
The AGREEMENT shall be binding upon and inure to the benefit of the parties and
their respective successors in interest,assigns,legal representatives,and heirs.
XXXVIII.INCONSISTENCIES
In the event of any inconsistency in interpreting the documents which constitute the
AGREEMENT,the inconsistency shall be resolved by giving precedence in the following
order of priority: (1)the text of the AGREEMENT (excluding Appendices);(2)Appendices
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to the AGREEMENT.
XXXIX.SEVERABILITY
Should any part of the AGREEMENT be determined to be invalid or unenforceable,
then the AGREEMENT shall be construed as not containing such provision,and all other
provisions which are otherwise lawful shall remain in full force and effect,and to this end
the provisions of the AGREEMENT are hereby declared to be severable.
XL.FINAL AGREEMENT
Both of the above-named parties to the AGREEMENT hereby expressly agree that
the AGREEMENT constitutes the entire agreement which is made and concluded in
duplicate between the two parties with respect to the subject matter hereof and supersedes
all previous negotiations,proposals,commitments,writing,advertisements,publications,
and understandings of any nature whatsoever unless expressly included in the
AGREEMENT.In consideration of the promises,covenants and conditions contained in
the AGREEMENT,the APPRAISER and the COUNTY,and each of them,do hereby agree
to diligently perform in accordance with the terms and conditions of the AGREEMENT,as
evidenced by the signatures below.
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IN WITNESS WHEREOF,the parties hereto have caused this AGREEMENT to be
executed as of the day and year first above written.
APPRAISER:
(see attached signature Pages)
ORG:0130 1910 1912 4360 4510 7205
FUND:0001 0001 0001 0001 0010 0001
SUBCLASS:10000 10000 11000 00001
ACCOUNT:7295
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COUNTY OF FRESNO
BYtNiJ/fVgi/
DEBORAH POOCPOOCHIGIAN,
CHAIRMAN,
BOARD OF SUPERVISO
REVIEWED AND RECOMMENDED
FOR APPROVAL
BY:^^4/L
ALAN WEAVER,DIRECTOR
DEPARTMENT OF PUBLIC WORKS
AND PLANNING
APPROVED AS TO LEQAI/FfORM
COUNTY 0OUNS
DEPUTY
APPROVED AS TO ACCOUNTING
FORM
l LBY:H'UU
VICKI CROW,C.P.A.
AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
ATTEST:
BERNICEE.SEIDEL,Clerk
Board of Supervisors
By c^Nflju~^(T"toC^J
Deputy
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APPRAISER:Bender Rosenthal,Inc.
By_A^*—
Dayid Wraa,Vice Presiden^
Mailing address:
4400 Auburn Blvd,Suite 102
Sacramento,CA 95841
(916)978-4900
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APPRAISER:James G.Palmer Appraisals,Inc.
Mailing address:
1285 W.Shaw Avenue,Suite 108
Fresno,CA 93721
(559)226-5020
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APPRAISER:Peter S.Cooper Appraisals,Inc.
By_/az^A
Peter S.Cooper,President
Mailing address:
1255 West Shaw Avenue,Suite 102
Fresno,CA 93711
(559)226-5025
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APPRAISER:Real PropertyAnalysts,Inc.
By /J^U^/a^
LaWrence D.Hopper,President
Mailing address:
6740 N.West Avenue,Suite 107
Fresno,CA 93721
(559)261-9136
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APPRAISER:Scott Appraisals Company,Inc.
Scojt E.Rurik,President
Mailing address:
The DeWitt Building
453 Pollasky Avenue,Suite 106
ClovisCA,93619
(559)324-8221
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APPRAISER:The Dore Group,Inc.
By_
.c:
Lance W.Dore,President
Mailing address:
-O The Royster Building
L"415 West G Street
San Diego,CA 92101
Scm aeyoy CA °i*io\
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APPENDIX A
Project Manager,Key Personnel,Contact Information and Subconsultant List
James G.Palmer Appraisals,Inc.
Project Manager-James G.Palmer,President
1285 W.Shaw Avenue,Suite 108
Fresno,CA 93711
Ph.226-5020
Fx.226-5063
Email:iim@jgpinc.com
Key Staff:
James G.Palmer,MAI,Appraiser
Gregg J.Palmer,MAI,Appraiser
Josh Palmer,Appraiser Trainee
Deborah Tsaris,Administrative Assistant
Regina Camack,Administrative Assistant
No listed subconsultants
Bender Rosenthal,Inc.
Project Manager - Mike Lahodny
4400 Auburn Blvd,Suite 102
Sacramento,CA 95841
Ph.(916)978-4900 ext.214
Email:m.lahodny@benderrosenthal.com
Key Staff:
Mike Lahodny,Project Manager
Adam Bursch,MAI,Appraisal Lead
Sierra West Valuation,Inc.specializes in the eminent
domain field and is listed as a subconsultant.
Peter S.Cooper Appraisals,Inc.
Project Manager -Peter S.Cooper,President
1255 W.Shaw Avenue,Suite 102
Fresno,CA 93711
Ph.226-5025
Fx.226-4523
Email:cooper.appraisals@sbcglobal.net and
or peter.cooper@sbcglobal.net
Key Staff:
Peter T.Cooper,MAI Appraiser
William J.Glover,Appraiser
Kathleen Plumb,Appraiser
No listed subconsultants
Page 1 of 2
APPENDIX A
Proiect Manager,Key Personnel,Contact Information and Subconsultant List
Real Property Analysts,Inc.
6740 N.West Ave.,#107
Fresno,CA 93711
Ph.261-9136
Fx.261-9165
Project Manager -Lawrence D.Hopper,President
Email:ldhopper@rpaappraisal.com
Key Staff:
Randall G Richert,MAI,Staff Appraiser
Tiffany K.V.Mach,MAI,Staff Appraiser
Kelly P.Stevens,SRA,Staff Appraiser
No listed subconsultants.
Scott Appraisal,Inc.
The DeWitt Building
453 Pollasky Avenue,Suite 106
ClovisCA,93612
Ph.(559)324-8221
Fx.(844)272-1432
Project Manager-Scott E.Rurik,MAI,President
Email:scott@scottappraisal.com
Key Staff:
Chris Preble,Appraiser Trainee
Terri Salvio,Administrative Assistant
No listed subconsultants
The Dore Group,Inc.
945 Fourth Avenue,Suite 310
San Diego,CA 92101
Ph.(619)933-5040x101
Fx.(800)933-2169
Project Manager -Lance W.Dore
Email:lwdore@thedoregroup.com
Key Staff:
Lance W.Dore,MAI,FRICS,Project Manager
Richard Anderson,Lead Senior Appraiser
Stephen J.Beck,Senior Appraiser
Safa Eskandari,SRA,Senior Appraiser
Amy Edwards,Appraiser
No listed subconsultants
Page 2 of 2
Appendix B
REQUIREMENTS FOR FRESNO COUNTY APPRAISALS
(Includes F.H.W.A.and H.U.D.Appraisal Requirements)
The appraisal shall include, but not be limitedto,the following:
1.Purpose of Appraisal:
A.Statement of limiting conditions
B.Value to be estimated
C.Rights or interest to be appraised
D.Date of value
2.Owner contacted:
A.Owner or his representative given opportunity to accompany the appraiser -
person and date contacted.
B. An unconfirmed letter is not acceptable,some form of acknowledgement from
owner is needed.
3.Five-year Delineation of Title:
All sales of subject property in last five years shall be noted.Ifno sale has occurred,a
statement to that effect shall suffice.
4.Description of Property:
A.Location,present use,total area,zoning,special features,identification -condition of
improvements (leased,amount,length,name of lessee,etc.)similar description for
remainder where applicable.
B.Personally inspected -date.
5.Highest and Best Use:
Stated and justified if different from present use.Similar information for remainder where
applicable.
6.Photographs of Subject Property:
Identify principal improvements and unusual features.
Appendix B
7.Cost Approach:
A.If not applicable -reason why not.
B.Cost data source.
C.All depreciation -reasoning.
8.Market Approach:
A.If not applicable -reasonwhy not.
B. Direct comparison of sales to subject.
C.Adjustment -analysis and reasoning.
9.Income Approach:
Ifnot applicable-reason why not (income,expenses,interest and capital rates,estimated
economic life,difference in economic rent and contract rent supported).
10.Comparable Sales:
A.In Appraisal or referenced: date; type ofimprovement; consideration -amount paid.
B. Financing; zoning, verified and source,location,Seller and Buyer, total area.
C.Conditions of sale.
D.Highest and Best Use at time of sale.
E.Sale personally inspected -date.
F.Photographs;identified and includes principal improvements and unusual features.
G. Map showing location of sale -APN map with picture attached - ok.
H.Schedule of sales -grouped by size and zoning use -oldest first.(Can be with
exhibits.)
11.Benefits and Compensable Damages Considered in Accordance with State and Federal
Laws:
12.Correlation and Conclusion of Value:
A.Correlation of the separate indications of value derived of each approach when more
than one approach is used.
Appendix B
B.Reasonable explanation for final conclusion of value.
13.Value Conclusion Allocated:
A.Value of property to be acquired.
B.Damages to remainder.
14.Subject Property and Comparable Sales Personally Inspected.
15.Appraisals Must be Signed.
16.Affidavit of Non-Interest Must be Acceptable.
17.Exhibits Addenda
Descriptive materials -area,maps,charges,plans,etc.
18.Specialty Items (if applicable):
A.Legal Opinion.
B.Contractor's Bids.
C.Inspection Report,etc.
19.R.A.P.Information (if building is being acquired):
A.Number of tenants.
B.Owners.
C.Value of residence and lot (ifon farm land).
D.Lease/rent payment or economic rent if owner occupied.
E.Date they moved in or bought property.
Appendix B
Appraisal Requirements continued:
A.Federal Common Rule Requirements,including, but not limited to,Executive Order
11246,as amended by Executive Orders 11375 and 12086 and implementing regulations
issued at 41 CFR Chapter 60;Davis-Bacon Act as amended (40 U.S.C.276a to a-7 and
29 CFR, Part 5); Copeland "Anti-Kick Back"Act (18 U.S.C.874 and 29 CFR, Part 3);
Sections 103 and 107 ofthe ContractWorkHours and Safety Standards Act(40 U.S.C.
327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 1857 (h));Section
506 of the Clean Water Act (33 U.S.C.1368);Executive Order 11738;Environmental Protection
Agency Regulations (40 CFR Part 15);and applicable sections of 24 CFR 85. Also in the
common rule are mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with Energy Policy and
Conservation Act (Pub L 94-163).
B. Office of Management and Budget Circulars No.A-21,A-102 revised,A-87,A-110,A-122
and A-128 as they relate to the acceptance and use of Federal funds unda this program.
C.Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107,as they relate to non-discrimination in housing.
D.The Architectural Barriers Act of 1968 (42 U.S.C.4151).
E.Clean AirAct of 1970 (42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act
(33 U.S.C.1251 et seq.).
F.Bidding requirements contained in the California Public Contracts Code.
G. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition PoliciesActof 1970 (Uniform Act)
and HUD implementing regulations,24 CFR,Part 42 and 24 CFR 570.612.
H.Provisions of the California Water Code Section 55350 et.seq.
I.Title VI of the Civil Rights Act of 1964 (Pub.L.88-352) and implementing regulations 24
CFR Part 1 as it relates to prohibiting discriminatory action under any activity receiving federal
funds.
J. Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284),as amended,and implementing
regulations 24 CFR Part 107 as it relates to fair housing.
K.Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112)as amended and
implementing regulations when published for effect as they relate to non-discrimination against
the handicapped.
L.The Age Discrimination Act of 1975,(Pub.L.94-135)as amended,and implementing
regulations contained in 10 CFR Part 1040 and 45 CFR Part 90.
M.The lead based paint requirements of 24 CFR Part 35 Subpart B issued pursuant to the
Lead-Based Paint Poisoning Prevention Act (42 U.S.C.4801 et seq.).
N.Section 109 of the Housing and Community Development Act of 1974,as amended;and the
regulations issued pursuant thereto (24 CFR Section 570.601)as it relates to
Appendix B
prohibiting discriminatory actions in activities funded by Community Development Funds.
O.Section 3 of the Housing and Urban Development Act of 1968,as amended and
implementing regulations at 24 CFR Part 135.
P.Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
1288 relating to the prevention,control,and abatement of water pollution.
Q. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub.L.93-234).
R. No member,officer or employee of the Grantee,or its designees or agents,no member of
the governing body of the locality inwhich the program is situated,and no other public official of
such locality or localities who exercises any functions or responsibilities with respect to the
program during his/her tenure or for one year thereafter,shall have any interest,direct or
indirect, in any contract or subcontract,or the proceeds thereof,and that it shall incorporate,or
cause to be incorporated,in all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purposes of this certification.
S.Additionally all conflict requirements noted in 24 CFR 570.611 shall be complied with by all
parties.
T. Title I Section 104(b)(5)of the Housing and Community Development Act as amended and
implementing regulations at 24 CFR,570.200 relating to Special Assessments.
U.Section 106 of the National Historic Preservation Act and implementing regulations at 36
CFR Part 800.
V.The Endangered Species Act of 1973,as amended,and implementing regulations at 50
CFR Part 402.
W. Title I of the Housing and Community Development Act of 1974,as amended,and
implementing regulations contained in 24 CFR,Part 570 and in 24 CFR,Part 85
X.The use of CDBG funds by a religious organization shall be subject to those conditions as
prescribed by HUD for the use of CDBG funds by religious organizations.
Y.All contracts shall include a "Certification Regarding Debarment Suspension,Ineligibility and
Voluntary Exclusion-Lower tier Covered Transactions"as required by 29 CFR,Part 98.
Appendix C
Exhibit 10-1 Notice to Proposers DBE Information
The Agency has not established a goal for this Contract.However,proposers are encouraged to obtain DBE
participation for this contract.
1.TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE"means a for-profit small business concern
owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,
Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement"also means "Contract."
•Agency also means the local entity entering into this contract with the Contractor or Consultant.
•The term "Small Business"or "SB"is as defined in 49 CFR 26.65.
2.AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts
financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant
must ensure that DBEs and other small businesses have the opportunity to participate in the performance
of the work that is the subject of this solicitation and should take all necessary and reasonable steps for
this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in
the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
3.SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract,Exhibit 10-O1 Consultant Proposal DBE Commitment must be
included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the
proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the
proposer must document adequate good faith efforts. All DBE participation will be counted towards the
contract goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if
no DBE participation will be reported, the successful proposer must execute and return the form.
4.DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the
Department's DBE program developed pursuant to the regulations.Particular attention is directed to the
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the
California Unified Certification Program (CUCP).
Appendix C
B. A certified DBE may participate as a prime consultant,subconsultant,joint venture partner, as a vendor
of material or supplies,or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a
combination of the following:
1.The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants,suppliers or
trucking companies.
3. The proposer,prior to proposing,made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined
portions thereof.Responsibility means actually performing,managing,and supervising the work with its
own forces. The DBE joint venture partner must share in the capital contribution, control, management,
risks and profits of the joint venture commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55,that is, a DBE firm
must be responsible for the execution of a distinct element of the work and must carry out its
responsibility by actually performing,managing and supervising the work
F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all
DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the
DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5.RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If
you believe a firm is certified that cannot be located on the database,please contact the Caltrans Office of
Certification toll free number 1-866-810-6346 for assistance.
B. Access the CUCP database from the Department of Transportation,Office of Business and Economic
Opportunity Web site at:http://www.dot.ca.gov/hq/bep/.
1.Click on the link in the left menu titled Disadvantaged Business Enterprise;
2.Click on Search for a DBE Firm link;
3.Click on Access to the DBE Query Form located on the first line in the center of the page.
Searches can be performed by one or more criteria.Follow instructions on the screen.
6.MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE
FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer,count 100 percent of the cost of the
materials or supplies.A DBE manufacturer is a firm that operates or maintains a factory, or establishment
that produces on the premises the materials,supplies,articles,or equipment required under the Contract
and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the
materials or supplies.A DBE regular dealer is a firm that owns,operates or maintains a store, warehouse,
or other establishment in which the materials,supplies,articles or equipment of the general character
described by the specifications and required under the Contract are bought, kept in stock, and regularly
sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be
an established, regular business that engages, as its principal business and under its own name, in the
Appendix C
purchaseandsaleor leaseof theproductsinquestion.A personmaybe a DBEregulardealerinsuchbulk
itemsas petroleumproducts,steel,cement,gravel,stoneor asphaltwithoutowning,operatingor
maintaining a place of business provided in this section.
C. If thepersonbothownsand operatesdistributionequipmentforthe products,any supplementing of
regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or
Agreement-by-Agreementbasis. Packagers,brokers, manufacturers' representatives,or other persons
who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.
D. Materialsor suppliespurchased from a DBE,which is neither a manufacturernor a regulardealer, willbe
limitedto the entire amount of fees or commissionscharged for assistancein the procurement of the
materialsand supplies, or fees or transportationcharges for the delivery of materialsor suppliesrequired
on thejob site,provided the fees arereasonableand not excessive as compared with fees charged for
similar services.
Attahcment B
Exhibit 10-02 Consultant Contract DBE Information
(Inclusiveof all DBEs listed at contractaward.Refer to instructionson the reverseside ofthis form)
Consultant to Complete this Section
1.Local Agency Name:County of Fresno
2.Project Location:County of Fresno
3.Proiect Description.Appraisal Services
4.TotalContractAwardAmount:$TBD
5.Consultant Name:Bender Rosenthal,Inc.
6.Contract DBE Goal %:TBD
7.Total Dollar Amount forall Subconsultants:$TBD
8.Total Number of all Subconsultants:1
Award DBE/DBE Information
9.Description of Services to be Provided 10.DBE/DBE Firm
Contact Information
11.DBE Cert.
Number
12.DBE Dollar
Amount
0
Local Agency to Complete this Section 13.Total
Dollars
Claimed
J ft
20.Local Agency Contract Number
21.Federal-aid Project Number:
14.Tout
%Claimed
0-s
22.Contract Execution Date-
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
J23. Local Agency Representative Name (Print)
15-.Preparer's Signatunv
David Wraa,MAI
16.Preparer's Name (Print)
Vice President
17.Preparer's Title
3/11/15 (916)978-4900
18. Date 19. (Area Code) Tel. No.
24. Local Agency Representative Signature 25. Date
26. Local Agency Representative Title 27. (Area Code) Tel. No.
Caltrans to Complete this Section
Caltrans District Local Assistance Engineer (DLAE)certifies that this form
has been reviewed for completeness:
28. DLAE Name (Print)29. DLAE Signature 30. Date
Distribution:(1) Copy - Email a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract award.Failure to send a
copy to the DLAE within 30 days of contract award may result in delay of payment
(2) Copy Include in award package sent to Caltrans DLAE
(3) Original - Local agency files
LPP13-01
Page 1 of2
May 8,2013
Appendix C
Exhibit 10-02 Consultant Contract DBE Information
(Inclusive of all DBEs listed at contract award.Refer to instructions on the reverse side of this form)
Consultant to Complete this Section
1. Local Agency Name:County of Fresno
2. Project Location:
3.Project Description:
4.Total Contract Award Amount:$
5.Consultant Name:James G Palmer Appraisals.Inc.
6.Contract DBE Goal %:0
7.Total Dollar Amount for all Subconsultants:$
8.Total Number of all Subconsultants:
9. Description of Services to be Provided
Award DBE/DBE Information
10.DBE/DBE Firm
Contact Information
Local Agency to Complete this Section
20. Local Agency Contract Number:
21.Federal-aid Project Number:
22.Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
23. Local Agency Representative Name (Print)
24. Local Agency Representative Signature 25.Date
26. Local Agency Representative Title 27. (Area Code)Tel. No.
Caltrans to Complete this Section
Caltrans District Local Assistance Engineer (DLAE)certifies that this form
has been reviewed for completeness:
28.DLAE Name (Print)29. DLAE Signature 30.Date
11.DBE Cert.
Number
13.Total
Dollars
Claimed
14.Total
%Claimed
12.DBE Dollar
Amount
%
15.Preparer'sSignatnre
16.Preparer's Name (Print)
17.Preparer's Title
"""19.(Area Code) Tel No18.Date
Distribution: (1)Copy-Email acopytothe Caltrans District Local Assistance Engineer (DLAE)within30daysofcontractaward.Failure tosenda
copyto the DLAEwithin30 days of contractaward mayresult in delayof payment.
(2) Copy - Include in award package sent to Caltrans DLAE
(3) Original - Local agency files
LPP 13-01
Page 1 of 2
May 8,2013
Appendix C
Exhibit 10-02 Consultant Contract DBE Information
(Inclusiveofall DBEslistedatcontractaward.Referto instructionsonthe reversesideofthisform)
Consultant to Complete this Section
1.Local Agency Name:County of Fresno
2.Project Location:
3.Project Description:
4.Total Contract Award Amount:$
5.Consultant Name:Peter S.Cooper Appraisals,Inc.
6.Contract DBE Goal %:
7.Total Dollar Amount for all Subconsultants:$
8.Total Number of all Subconsultants:
Award DBE/DBE Information
9.Description of Services to be Provided 10.DBE/DBE Firm
Contact Information
11.DBE Cert.
Number
12.DBE Dollar
Amount
Local Agency to Complete this Section 13.Total
Dollars
Claimed
$20.Local Agency Contract Number:
21.Federal-aid Project Number:
14.Total
%Claimed
%
22.Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
/~\
23. Local Agency Representative Name (Print)
i^&^jiQ (^i9y^/ti_24. Local Agency Representative Signature 25. Date
15.Preparer's Signature '
26. Local Agency Representative Title 27. (Area Code) Tel. No.
16.Preparer's Name (Print)
Caltrans to Complete this Section
Caltrans District Local Assistance Engineer (DLAE)certifies that this form
has been reviewed for completeness:
17.Preparer's Title
18. Date 19.(Area Code)Tel. No.
28.DLAE Name (Print)29.DLAE Signature 30. Date
Distribution:(1)Copy - Email a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days ofcontract award.Failure to send i
copy to the DLAE within 30 days ofcontract award may result in delay of payment.
(2) Copy -Include in award package sent to Caltrans DLAE
(3)Original -Local agency files
Appendix C
Exhibit 10-02 Consultant Contract DBE Information
(Inclusive of all DBEs listed at contract award. Refer to instructions on the reverse side of this form)
Consultant to Complete this Section
1.Local Agency Name:County of Fresno
2.Project Location:
3.Project Description:
4.Total Contract Award Amount:$
5. Consultant Name: Real Property Analysts,Inc
6.Contract DBE Goal %:
7.Total Dollar Amount for all Subconsultants:$
8.Total Number of all Subconsultants:
Award DBE/DBE Information
9. Description of Services to be Provided 10.DBE/DBE Firm
Contact Information
11.DBE Cert.
Number
12.DBE Dollar
Amount
Local Agency to Complete this Section 13.Total
Dollars
Claimed
$20.Local Agency Contract Number:
21.Federal-aid Project Number:
14.Total
%Claimed
%
22.Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
23. Local Agency Representative Name (Print)
/^l*,4jL~~24. Local Agency Representative Signature 25. Date
lS.^reWrer's Signature
Lawrence D.Hopper
16.Preparer's Name (Print)
President
17.Preparer's Title
4/7/15 559-261-9136
18.Date 19.(Area Code)Tel. No
26. Local Agency Representative Title 27. (Area Code) Tel. No.
Caltrans to Complete this Section
Caltrans District Local Assistance Engineer (DLAE)certifies that this form
has been reviewed for completeness:
28. DLAE Name (Print)29.DLAE Signature 30. Date
Distribution:(1)Copy - Email a copy to the Caltrans District Local Assistance Engineer (DLAE)within 30 days of contract award. Failure to send a
copy to the DLAE within 30 days of contract award may result in delay of payment.
(2) Copy -Include in award package sent to Caltrans DLAE
(3) Original - Local agency files
Appendix C
Exhibit 10-02 Consultant Contract DBE Information
(Inclusive of all DBEs listed at contract award. Refer to instructions on the reverse side of this form)
Consultant to Complete this Section
1.Local Agency Name:County of Fresno
2.Project Location:
3.Project Description:
4.Total Contract Award Amount:$
5.Consultant Name:Scott Appraisal,Inc.
6.Contract DBE Goal %:
7.Total Dollar Amount for all Subconsultants:$
8.Total Number of all Subconsultants:
Award DBE/DBE Information
9.Description of Services to be Provided 10.DBE/DBE Firm
Contact Information
11.DBE Cert.
Number
12.DBE Dollar
Amount
Local Agency to Complete this Section 13.Total
Dollars
Claimed
$20.Local Agency Contract Number:
21.Federal-aid Project Number:
14.Total
%Claimed
%
22.Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
A :^M23. Local Agency Representative Name (Print)
1L\4 H ^24. Local Agency Representative Signature 25. Date
fif-Preparer's Signature
16. Preparer's Name (Print)
26. Local Agency Representative Title 27. (Area Code) Tel. No.
Caltrans to Complete this Section
Caltrans District Local Assistance Engineer (DLAE)certifies that this form
has been reviewed for completeness:
V—-^
17.Preparer's Title ,..__(
18. Date 19.(Area Code) Tel. No.
28. DLAE Name (Print)29. DLAE Signature 30. Date
Distribution:(1) Copy- Emaila copyto the CaltransDistrictLocalAssistanceEngineer(DLAE) within 30 days of contract award.Failureto senda
copy to the DLAE within 30 days of contract award may result in delay of payment.
(2) Copy - Include in award package sent to Caltrans DLAE
(3) Original - Local agency files
Appendix C
Exhibit 10-02 Consultant Contract DBE Information
(Inclusive of all DBEs listed at contract award.Refer to instructions on the reverse side of this form)
Consultant to Complete this Section
1. Local Agency Name:County of Fresno
2.Project Location:
3.Project Description:
4.Total Contract Award Amount:$
5.Consultant Name:The Dore Group,Inc.
6.Contract DBE Goal %:
7.Total Dollar Amount for all Subconsultants:$^/A
8. Total Number of all Subconsultants:u
Award DBE/DBE Information
9.Description of Services to be Provided 10.DBE/DBE Firm
Contact Information
11.DBE Cert.
Number
12.DBE Dollar
Amount
No Subconsultants used
Local Agency to Complete this Section 13.Total
Dollars
Claimed S °
20.Local Agency Contract Number:
21.Federal-aid Project Number:
14.Total
%Claimed
0 H22.Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
23. Local Agency Representative Name (Print)
24.Local Agency Representative Signature 25.Date C ^_.^.c^~7 ~^r
^*^"**S<^-»llii ""
26.Local Agency Representative Title 27.(Area Code)Tel. No.
Lance W.Dore
16.Preparer's Name (Print)
President
17.Preparer's Title
4/8/15 (619)933-5040
18.Date 19.(Area Code)Tel. No.
Caltrans to Complete this Section
Caltrans District Local Assistance Engineer (DLAE)certifies that this form
has been reviewed for completeness:
28.DLAE Name (Print)29. DLAE Signature 30.Date
Distribution:(1) Copy -Email a copy to the Caltrans District Local Assistance Engineer (DLAE)within 30 days of contract award.Failure to send a
copy to the DLAE within 30 days of contract award may result in delay of payment.
(2)Copy -Include in award package sent to Caltrans DLAE
(3)Original -Local agency files
Appendix C
INSTRUCTIONS -CONSULTANT CONTRACT AWARD DBE INFORMATION
Consultant Section
The Consultant shall:
1.Local Agency Name -Enter the name of the local or regional agency that is funding the contract
2.Project Location -Enter the project location as it appears on the project advertisement.
3.Project Description -Enter the project description as it appears on the project advertisement (Bridge Rehab,Seismic Rehab,
Overlay,Widening,etc).
4.Total Contract Award Amount -Enter the total contract award dollar amount for the prime consultant.
5.Consultant Name -Enter the consultant's firm name.
6.Contract DBE Goal % - Enter the contract DBE goal percentage,as it was reported on the Exhibit 10-1 Notice to Proposers
DBE Information form. See LAPM Chapter 10.
7.Total Dollar Amount for ajl Subconsultants -Enter the total dollar amount for all subcontracted consultants.SUM =(DBE's +
all Non-DBE's).Do not include the prime consultant information in this count.
8.Total number of all subconsultants -Enter the total number of all subcontracted consultants.SUM =(DBE's + all Non-
DBE's).Do not include the prime consultant information in this count.
9.Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be
performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100%of the item
is not to be performed or furnished by the DBE,describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
10.DBE Firm Contact Information -Enter the name and telephone number of all DBE subcontracted consultants.Also,enter the
prime consultant's name and telephone number, if the prime is a DBE.
11.DBE Cert.Number -Enter the DBE's Certification Identification Number.All DBEs must be certified on the date bids are
opened.(DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their
status should change during the course of the contract.)
12.DBE Dollar Amount -Enter the subcontracted dollar amount of the work to be performed or service to be provided.Include the
prime consultant if the prime is a DBE, and include DBEs that are not identified as subconsultants on the Exhibit 10-O1
ConsultantProposal DBE Commitment form. See LAPM Chapter 9 for how to count full/partial participation.
13.Total Dollars Claimed-Enter the total dollar amounts for column 13.
14.Total %Claimed -Enter the total DBE participation claimed for column 13.SUM = (item "14.Total Participation Dollars
Claimed"divided by item "4. Total Contract Award Amount").If the Total %Claimed is less than item "6.Contract DBE Goal",
an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - GoodFaith Efforts of the
LAPM).
15.Preparer's Signature - The person completing this section of the form for the consultant's firm must sign their name.
16.Preparer's Name (Print)-Clearly enter the name of the person signing this section of the form for the consultant.
17.Preparer's Title - Enter the position/title of the person signing this section of the form for the consultant.
18.Date -Enter the date this section of the form is signed by the preparer.
19.(Area Code)Tel. No.- Enter the area code and telephone number of the person signing this section of the form for the
consultant.
Local Agency Section:
TheLocal Agency representative shall:
20.Local Agency Contract Number -Enter the Local Agency Contract Number.
21.Federal-Aid Project Number -Enter the Federal-Aid Project Number.
22.Contract Execution Date -Enter the date the contract was executed and Notice to Proceed issued.See LAPM Chapter 10, page
23.
23. Local Agency Representative Name (Print)- Clearly enter the nameof the personcompletingthissection.
24. Local Agency Representative Signature - The personcompleting thissectionof the formfor the LocalAgencymustsign their
name to certify that the information in this and the Consultant Section of this form is complete and accurate.
25.Date -Enter the date the Local Agency Representative signs the form.
26. Local Agency Representative Title - Enter the position/title of the person signing this section of the form.
27.(Area Code) Tel. No.- Enter the area code and telephone number of the Local Agency representative signing this section of the
form.
Caltrans Section:
Caltrans District Local Assistance Engineer (DLAE) shall:
28.DLAE Name (Print)- Clearly enter the name of the DLAE.
29.DLAE Signature - DLAE must sign this section of the form to certify that it has been reviewed for completeness.
30.Date - Enter thedate thatthe DLAEsigns this section the form.
Appendix D
Exhibit 10-S Consultant Performance Evaluation
1.PROJECT DATA 2.CONSULTANT DATA
!a Project (include title,location,and Activity/CIP No )
lb Brief Description of Project (design,study,etc )
Ic Budget Cost for Project $
2a Consultar
2b Consultai
2c Phone (
t Name and Address
t's Manager
)
3.AGENCV DEPARTME NT/SECTION RESPONSIBLE
3a.Department (include section and division)3b.Agency Project Manager (name &phone)
4.CONTRACT DATA (Engineering Services)
4a Contract No.:Termination date:
Date terminate
Base Fee:$
Agreement date d:Contingency.$
4b Amendments $/U $I U
4c Changes Orders $/#$/U
4d Total Fee per Agreement (4a +4b +4c.)$Total Fee Paid $
(Do not include Contingency Listed in 4a.)
4e Type of Services
(Design,study,etc.)
4f Historical Record of Key Submittal Dates (enter date or n/a if not applicable)
Preliminary V)%70%90%100%Final
Per Agreement
Delivery Dale
Acccplance Date
4k.Notice To Proceed (date)
4j Reasons for Change Orders:(Indicate total for each reason)
Errors/Omissions $%of Base Fee %
Unforeseen Conditions $%of Base Fee %
4h.Number of Davs (number)Changed Scope $%of Base Fee %
Changed Quantities s %of Base Fee %
4i.Actual Number of Davs (number)Program Task Options $%of Base Fee %
5.OVERALL RATING (Complete Section II on reverse,include comments as appropriate.)
Ouisianding Above Average Average Below Average Poor N/A
5a.Plans/Specifications accuracy
5b.Consistency with budget
5c.Responsiveness to Agency Staff
5d.Overall Rating
6.AUTHORIZING SIGNATURES
6a Agency Design Team Leader Date
6b.Agencv Project Manager Date
6c.Agency Public Works Manager Date:
6d.Consultant Representative Date:
SEE REVERSE SIDE
LPP 13-01
Page 1 of 2
May 8,2013
Appendix D
PLANS/SPECIFICATIONS
ACCURACY
Outstanding Above
Avg.
Avg.Below
Avg.
Poor N/A Responsiveness
To Staff
Outstanding Above
Avg.
Avg.Below
Avg.
Poor N/A
Plans Specifications
clear and concise
Timely Responses
Plans.'Specs
Coordination
Attilude toward Client and
review bodies
Plans/Specs
properly formatted
Follows directions and
Chain of responsibility
Code Requirements
covered
Work product delivered
on time
Adhered to Agency
Standard Drawings/Specs
Timeliness in notifying
Agency of major problems
Drawings reflect
existing conditions
Resolution of field
Problems
As-Built Drawings
Consistency with
budget
Outstanding Above
Avg.
Avg.Below
Avg.
Poor N/A
Quality Design Reasonable Agreement
negotiation
Change Orders due to design
deficiencies are minimized
Adherence to fee schedule
Adherence to project
Budget
Section III EXPLANATIONS AND SUPPLEMENTAL INFORMATION
(Attach additional documentation as needed)
Item :
Item :
Item
Item
Item :
Item
^Indicates supporting documentation attached.
Distribution:Local Agency Project Files
LPP 13-01
Page 2 of 2
May 8,2013
Appendix E
ATTACHMENT E DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49,CODE OF FEDERAL REGULATIONS,PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other
person associated therewith in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency;
• Has not been suspended,debarred,voluntarily excluded or determined ineligible by any
federal agency within the past 3 years;
• Does not have a proposed debarment pending;and
• Has not been indicted,convicted,or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the
past 3 years.
If there are any exceptions to this certification,insert the exceptions in the following space.
Exceptionswill not necessarilyresult in denialof award, but willbe consideredin determining
bidder responsibility. Forany exceptionnoted above, indicate below to whomit applies,
initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative
sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Certification.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Appendix F
^S File 515123
February 23,1999
Resolution #99-086
BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF FRESNO
STATE OF CALIFORNIA
In the matter of )
Adoption ofStandard Conflict of Interest j Resolution 099-OB6
Code for All County Departments.
Whereas,the Political Reform Act,Govemment Code section 81000 et seq..
requires state and local govemment agencies to adopt and promulgate conflictof interest
codes;and
Whereas,the Fair Political Practices Commission has adopted a regulation,2
California Code of Regulations section 18730,which contains the terms of a standard
conflict of interest code,and which may be amended fay the Fair Political Practices
Commission after public notices and hearings to conform to amendments to the Political
Reform Act;and
Whereas,any local agency mayincorporatethis standard conflict ofinterest code,
and thereafter need not amend the text of its code to conform to future amendments to the
Political Reform Act or its regulations;and
Whereas,the Board of Supervisors is the code reviewing body for all County
departments except courts;and
Whereas,the Board of Supervisors may adopt the standard conflictof interest
code on behalf of all County departments.
Now therefore be it resolved,that the terms of2 California Code of Regulations
section 1B730,and any amendments to it duly adopted by the Fair Political Practices
Commission,are hereby incorporated by reference and,along with the Exhibits A and B
approved previously,today,or in the future, by this Board for each County department,in
which officers and employees are designated and disclosure categories are set forth,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Appendix F
M
constitute the conflict ofinterest codes ofeach County department except courts.
Conflict of interest forms shall be filed as follows:
1.As required by Government Code Section 87500,subdivision (e),the
County Administrative Officer,District Attorney,County Counsel,and Audltor-
Controller/Treasurer-Tax Collector shall file one original of their statements with the County
Clerk,who shall make and retain copies and forward thB originals to the Fair Political
Practices Commission,which shall be the filing officer.The County Administrative Officer,
District Attorney,County Counsel,and Auditor-ControilerTTreasurer-Tax Collector shall also
file onecopyoftheirstatements with the Clerk tothe Board of Supervisors
2. As required by Govemment Code section 87500,subdivision 0),all other
department heads shall file one original oftheir statements with their departments.The filing
officer ofeach department shall make and retain a copy ofthe department head's statement
and shall forward the original to the Clerk to the Board of Supervisors.
3.All otherdesignated employees shall file one original oftheir statements with
their departments.
Ail statements shall be public records and shall be made available for public
inspection and reproduction.(Gov.Code, §81008.)
Adopted ata regular meeting ofthe Board of Supervisors,held on the 23rd day
of February ,19 99 . bythe following vote,to wit
Ayes:Supervisors Koligian,Case,Arambula,Olceu,Levy
Noes:None
Absent:None
ATTEST:
SHARI GREENWOOD,CLERK
BOARD OF SUPERVISORS
By_
~ff Deputy :
File #15123 Agenda #28 Resolution #99-086
2
Appendix F
EXHIBIT "A"
PUBLIC WORKS AND PLANNING
Classification Category
Accountant I / II 2
Architect
Assistant Real Property Agent
Associate Real Property Agent
Building Inspector 1/II
Building Plans Engineer
Capital Projects Division Manager
Chief Building Inspector
Chief of Field Surveys
Community Development Manager
Consultant
Deputy Director of Planning
Deputy Director of Public Works
Development Services Manager
Director of Public Works and Planning
Disposal Site Supervisor
Engineer I /II /III
Field Survey Supervisor
Housing Rehabilitation Specialist I /II
Information Technology Analyst I /II /III / IV
Planner 1/11/III
Principal Accountant
Principal Engineer
Principal Planner
Principal Staff Analyst
Public Works and Planning Business Manager
Public Works Division Engineer
Resources Manager
Road Maintenance Supervisor
Road Superintendent
Senior Accountant
Senior Economic Development Analyst
Senior Engineer
Senior Engineering Technician
Senior Geologist
Senior Information Technology Analyst
Senior Planner
Senior Real Property Agont
Appendix F
Classification Category
Senior Staff Analyst 1
Senior Systems and Procedures Analyst 2
Staff Analyst I/II /III 1
Supervising Accountant 2, 3
Supervising Building Inspector 1
Supervising Engineer 1
Supervising Water/Wastewater Specialist 2, 3
Systems and Procedures Analyst I /II /III 2
Systems and Procedures Manager 2
Traffic Maintenance Supervisor 2
Consultants shall be included in the listof designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following
limitation:The Directorof PublicWorks and Planning may determine in writing that
a particular consultant, although a "designated position",is hired to perform a range
of duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements in this section.Such written determination shall include a
description of the consultant's duties and,based upon that description,a statement
of the extent of disclosure requirements.The Director of Public Works and
Planning's determination is a public record and shall be retained for public inspection
in the same manner and location as this conflict of interest code.
•Appendix F
EXHIBIT "B"
PUBLIC WORKS AND PLANNING
1.Persons in this category must disclose all investments,interests inreal property and
income, and business positions.Financial interests are reportable only If located within
or subject to the jurisdiction of Fresno County;or if the business entity is-doing
business orplanningto do business inthe jurisdiction,orhas done business within the
jurisdiction at any-time during the twoyears pridr'td "the filing ofthe statement Real
propertyshall be deemed to be within the "jurisdiction"ofthe County ifitis located
within or not more than two miles outside the boundaries of the County (including its
incorporated cities),or within two milesofanyland ownedorused bythe County.
2.Persons in this category shall disclose all investments in, income from,and business
positions with any business entity which,within the last twoyears, has contractedorin
the future may forseeably contract with Fresno County through itsPublicWorks and
Planning Department,.Solid Waste Commissions within the jurisdiction,ortoanyother
joint powers agency which Fresno County isa member to provide services,supplies,
materials,machinery,or equipment to the County.
3.Persons in the category shall disclose ail interests in real property within the
jurisdiction.Real Property shallbe deemed tobe within the jurisdiction ifthe property
orany part ofitis located within ornot more than two miles outside the boundaries of
Fresno County (including its incorporated cities)or within two mile ofany land owned
or operated by the County.
Appendix G
Exhibit 10-Q Disclosure of Lobbying Activities
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C.1352
1.Type of Federal Action:
|I a.contract
b.grant
c.cooperative agreement
d.loan
e. loan guarantee
f.loan insurance
2.Status of Federal Action:
I I a.bid/offer/application
b.initial award
c.post-award
3.Report Type:
I I a. initial
b.material change
For Material Change Only:
year quarter
date of last report
4.Name and Address of Reporting Entity
| |Prime I I Subawardee
Tier ,if known
If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
6.
Congressional District,if known
Federal Department/Agency:
8.Federal Action Number,if known:
10.Name and Address of Lobby Entity
(If individual,last name,first name,MI)
Congressional District,if known
7.Federal Program Name/Description:
CFDA Number,if applicable
9.Award Amount,if known:
11.Individuals Performing Services (including
address if different from No. 10a)
(last name,first name,MI)
(attach Continuation Sheet(s)if necessary)
12.
13.
Amount of Payment (check all that apply)
S LJ actual ^J planned
Form of Payment (check all that apply):
Ba.cash
b. in-kind;specify:nature
Value
14.Type of Payment (check all that apply)
a.retainer
b.one-time fee
c.commission
d.contingent fee
e deferred
f.other,specify
15.
16.
Brief Description of Services Performed or to be performed and Date(s)of Service,including
officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11:
(attach Continuation Sheet(s)if necessary)
Continuation Sheet(s)attached:Yes |_J No |_J
17.Information requested through this form is authorized by Title
31 U.S.C.Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352.This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 tor each such failure.
Signature:^
Print Name:
Title:
Telephone No.:Date:
Federal Use Only:
Authorized for Local Reproduction
Standard Form -LLL
Distribution:Orig-Local Agency Project files
LPP 13-01
Standard Form LLI.Rev.04-28-06
Page 1
May 8,2013
Appendix G
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the
initiationor receiptof covered federalaction or a materialchangeto previous filingpursuant to title 31 U.S.C.Section 1352.
The filingof a form is required for such payment or agreementto makepayment to lobbyingentity for influencingor
attempting to influence an officeroremployeeofany agency,a Member of Congressan officeror employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Referto the implementingguidancepublished by the Office of Managementand Budgetfor additional
information.
1.Identify the typeof covered federal actionforwhichlobbyingactivityisor has beensecuredto influence,theoutcomeof a
covered federal action.
2. Identify the status of the covered federal action.
3. Identifythe appropriate classification of this report.If thisisa follow-up reportcausedbya material changeto the information
previously reported,entertheyearand quarterinwhichthechangeoccurred. Enterthedateofthe last,previouslysubmitted
report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of thereportingentitythatdesignatesif it isor expectstobe a primeor subaward recipient.Identify the
tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts,subgrants, and contract awards under grants.
5. Ifthe organization filingthereportin Item4 checks "Subawardee"thenenterthefull name,address,city,state,andzip codeof
the prime federal recipient. Include Congressional District, if known.
6. Enter the nameof the federal agency making the award or loan commitment. Include at least one organization level below
agency name,if known. For example,Departmentof Transportation, United StatesCoast Guard.
7. Enter the federalprogramnameor description for the coveredfederalaction (item I).Ifknown,enter the fullCatalogof Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enterthe most appropriate federal identifyingnumberavailableforthe federal action identification initem1(e.g.,Requestfor
Proposal (RFP)number,Invitation forBid (IFB)number,grant announcement number,thecontract grant,orloanaward number,
the application/proposal controlnumberassignedby the federalagency). Includeprefixes,e.g.,"RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10.Enter the full name,address,city, state, and zip codeof the lobbyingentityengaged by the reportingentityidentifiedin Item4 to
influence the covered federal action.
11.Enter the full names of the individual(s) performing services and include full address if different from 10(a). Enter Last Name,
First Name and Middle Initial (Ml).
12.Enterthe amountof compensationpaid or reasonablyexpectedto be paid by the reportingentity(Item4) to the lobbyingentity
(Item 10).Indicate whether the payment hasbeenmade (actual)or willbemade (planned).Check all boxesthat apply.Ifthisis
a materialchange report,enter the cumulativeamount of paymentmadeor planned to be made.
13.Checkallboxesthat apply.If payment ismade through an in-kind contribution,specifythenatureandvalueofthe in-kind
payment.
14.Check all boxes that apply. If other,specify nature.
15.Provide a specific and detailed description ofthe services thatthe lobbyist has performed or will be expected to perform andthe
date(s)ofany services rendered.Include all preparatory and related activity notjust timespentin actual contactwith federal
officials. Identifythe federalofficer(s) or employee(s)contactedor the officers)employee(s)or Member(s)of Congressthat
were contacted.
16.Check whether or not a continuation sheet(s)is attached.
17.Thecertifyingofficialshallsignanddate the form,andprinthis/hernametitleandtelephone number.
Public reporting burden forthis collection of information is estimated to average 30-minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining thedata needed,and completing and reviewing the collection of
information.Send comments regarding the burden estimate oranyotheraspectof this collection of information,including suggestions for
reducing this burden,tothe Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503.SF-
LLL-Instructions Rev.06-04
Page 2
LPP 13-01 May 8, 2013
Appendix H
SELF-DEALING TRANSACTION DISCLOSURE FORM
(1)Company Board Member Information:
Name:Date:
Job Title:
(2)Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a partyto)
(4) Explainwhythis self-dealingtransaction is consistent with the requirements of
Corporations Code 5233 (a)
(5)Authorized Signature
Signature:Date:
Appendix H
SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS
In order to conduct business with the County of Fresno (hereinafter referred to as
"County"),members of a contractor's board of directors (hereinafter referred to as "County
Contractor"),must disclose any self-dealing transactions that they are a party to while
providing goods,performing services,or both for the County.A self-dealing transaction is
defined below:
"A self-dealing transaction means a transaction to which the corporation is a partyand
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing the disclosure form.
(1) Enter board member's name,job title (if applicable),and date this disclosure is
being made.
(2)Enter the board member's company/agency name and address.
(3) Describe indetail the nature ofthe self-dealing transaction that is being disclosed
to the County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the
transaction;and
b.The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe indetail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Codes.
(5) Form must be signed by the board member that is involvedinthe self-dealing
transaction described in Sections (3)and (4).