HomeMy WebLinkAboutPR 17816 AMENDED 09/17/2013: FREESE AND NICHOLS, INC. NOT TO EXCEED $28,560. FUNDING P.R. NO. 17816
09/11/2013 — PDL
Amended 09/17/2013 — PDL
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN
AGREEMENT WITH FREESE AND NICHOLS, INC. FOR THE
DIAGNOSTIC ANALYSIS AND REPORT OF THE CITY'S
COMPREHENSIVE PLAN, ZONING AND SUBDIVISION
ORDINANCES IN THE NOT TO EXCEED AMOUNT OF $28,560.
FUNDING IS AVAILABLE IN ACCOUNT NUMBER 001 -1051-
517.54 -00.
WHEREAS, an agreement will be entered into by the City of Port Arthur, Texas,
hereinafter called "Owner" and Freese and Nichols, Inc., hereinafter called
"FNI "; and,
WHEREAS, Freese and Nichols, Inc. has been selected as the professional of choice
because of their demonstrated competence and qualifications in the field as mandated by
Government Code Sections 2254.002 and 22.54.003; and,
WHEREAS, Freese and Nichols, Inc. (FNI) will review, analyze, and provide
recommendations for the City's current Comprehensive Plan, Zoning and Subdivision Ordinances;
and,
WHEREAS, the diagnostic analysis and report will lay the foundation for developing and
writing a new Comprehensive Plan, Zoning and Subdivision Ordinances; and,
WHEREAS, the diagnostic evaluation will result in the identification of concerns and issues
arising out of the City's current comprehensive plan, ordinances and practices against the
backdrop of community- approved goals and objectives; and,
WHEREAS, the City of Port Arthur agrees to employ FNI to perform professional services
in connection with the diagnostic analysis and report, as delineated in Exhibit "A "; and,
WHEREAS, the City of Port Arthur agrees to pay FNI for all professional services
rendered in an amount not to exceed $28,560, as delineated in Exhibit "A "; now, therefore,
P.R. NO. 17816
09/11/2013 — PDL
Amended 09/17/2013 — PDL
Page 2 of 12
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized and directed to execute the agreement for
professional services with Freese and Nichols, Inc., funding being available in account 001 -1051-
517.54 -00, as attached hereto as Exhibit "A."
THAT, a copy of the caption of this resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED, this day of September 2013, A.D., at a
Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
Noes:
ATTEST: Deloris "Bobbie" Prince, MAYOR
Sherri Bellard, CITY SECRETARY
APPROVED AS TO FORM:
V (a •
Valecia "Val" Ti no, CITY ATTORNEY
P.R. NO. 17816
09/11/2013 — PDL
Amended 09/17/2013 — PDL
Page 3 of 12
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson, CITY MANAGER
dor
Ronald "Ron" Burt. , DI' ECTOR OF DEVELOPMENT SERVICES
APPROVED AS TO AVAILABILITY OF FUNDS:
Deborah Echols, C.P.A., DIRECTOR OF FINANCE
Account: 001 -1051- 517.54 -00
P.R. NO. 17816
09/11/2013 —PDL
Amended 09/17/2013 — PDL
Page 4 of 12
EXHIBIT "A"
Rev. 12/12
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF TARRANT §
This AGREEMENT is entered into by the City of Port Arthur, Texas, hereinafter called "Owner" and Freese and
Nichols, Inc., hereinafter called "FNI." In consideration of the AGREEMENTS herein, the parties agree as
follows:
L EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: Owner agrees to
employ FNI; FNI agrees to perform professional services in connection with the Project; Owner agrees
to pay to FNI compensation. The Project is described as follows: Planning Diagnostic Report.
II. SCOPE OF SERVICES: FNI shall provide professional services in connection with Project as set
forth in Attachment SC - Scope of Services and Responsibilities of Owner which is attached to and
made a part of this AGREEMENT.
III. COMPENSATION: Owner agrees to pay FNI for all professional services rendered under this
AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a
part of this AGREEMENT. FNI shall perform professional services as outlined in the "Scope of
Services" for a lump sum fee of $28,560. Details concerning the fee are included in Attachment CO.
If FNI's services are delayed or suspended by Owner, or if FNI's services are extended for more than 60
days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of
compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension
and reactivation and the fact that the time for performance under this AGREEMENT has been revised.
IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set
forth as Attaclunent TC shall govern the relationship between the Owner and FNI.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to
anyone other than Owner and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT
will be for the sole and exclusive benefit of Owner and FNI and not for the benefit of any other party.
This AGREEMENT constitutes the entire AGREEMENT between Owner and FNI and supersedes all prior
written or oral understandings.
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this AGREEMENT, the day of
2013.
ATTEST: City of Port Arthur, Texas
(OWNER)
r te By:
Print or Type Name and Title •
ATTEST: Freese and Nichols, Inc.
(FNI)
By :,
)4 8l)ro,A (,124,r1 ) $ awe,
Print or Type Name and Title
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ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: FNI shall provide the following professional services in connection with the
development of the Project:
Freese and Nichols, Inc. (FNI) will review, analyze, and provide recommendations for the City's current
Comprehensive Plan, Zoning and Subdivision Ordinances. The diagnostic analysis and report will lay the
foundation for developing and writing a new Comprehensive Plan, Zoning and Subdivision Ordinances.
This diagnostic evaluation will result in the definition of problems and issues arising out of the City's current
comprehensive plan, ordinances and practices against the backdrop of community- approved goals and
objectives. After a consensus is reached between City Staff and FNI regarding the direction of a new plan
and ordinances, then FNI can begin the rewrite process in a future phase
Comprehensive Plan, Zoning and Subdivision Ordinances Diagnostic Services •
•
•
A. Task 1: Identify and Diagnose Issues from the Use of the Existing Comprehensive Plan and
Ordinances
i. Analyze the elements of the comprehensive plan to determine deficiencies and issues related to
existing and future laud uses. The comprehensive plan should be the foundation for policies that
direct the growth of Port Arthur; the analysis will determine whether that foundation is an adequate
framework for proper growth.
H. Analyze land use conflicts that have occurred within the City, and identify possible causes
arising from current zoning and subdivision regulations.
iii. Analyze the City's existing zoning and subdivision regulations and identify deficiencies in
number and type of zoning districts, land uses, and site development standards.
iv. Analyze the City's zoning and subdivision development review, and identify opportunities
for expediting or simplifying approval of applications.
v. Meetings: One (1) meeting with City Staff and one (1) meeting with stakeholders to
identif y and discuss issues related to the existing comprehensive plan, zoning and
subdivision ordinances. These two (2) meetings will be completed in one (1) trip.
B. Task 2: Prepare a Draft Diagnostic Report
1. The draft diagnostic report will summarize the results of the investigation and define issues
for deliberation.
II. This draft report will be delivered electronically to allow an opportunity for City Staff to
provide feedback and respond to the issues identified in the report.
Hi. City Staff's review period is anticipated to be approximately three (3) weeks.
iv. The City will provide one consolidated set of City Staff continents for FNI to review.
v. Meetings: One (1) conference call meeting with City Staff will be held to review the draft
report and discuss any questions or necessary revisions.
Task Product: Task 2 deliverable is a draft Diagnostic Repot 1 in electionicformat
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SC -1 OWNER
C. Task 3: Refute Issues and Develop Creative and Realistic Solutions
1. Critical issues and objectives will be formalized and documented as part of this task.
ii. This task will incorporate City Staff's comments received during Task 2, as well as FNI's
professional expertise in the development and update of the comprehensive plan, zoning and
subdivision regulations.
iii. The result of this task will be a set of realistic solutions responding to each of the items
identified as issues with the current comprehensive plan, zoning and subdivision regulations.
iv. Meetings: One (1) conference can meeting with City Staff will be held to discuss any
remaining issues in order to finalize the report.
D. Task 4: Prepare a Final Diagnostic Report
i. The Diagnostic Report will summarize the findings and provide recommendations pertaining
to revisions to the City's comprehensive plan and development regulations, including a
summary of the proposed resolution of each issue defined in Task 3.
ii. The report will incorporate an outline of the proposed recommendations on how the City's
procedures and regulations can be made more user - friendly, as well as opportunities the City
can pursue to enhance its public image and to proactively encourage cooperation and high -
quality products from the development community.
iii. Meetings: One (1) joint workshop between the City Council and Planning and Zoning
Conunission will be held to review and gain approval f corn both bodies of the Final
Diagnostic Report. The joint workshop will be completed in one (1) trip.
Task Product: Task 4 deliverable is the final Diagnostic Report in electronic format and five (S)
hard copies.
Meetings: FNI will participate in one (1) meeting with City Staff, one (1) meeting with stakeholders, two (2)
conference calls and one (1) joint workshop between the City Council and Planning and Zoning Commission.
Deliverables: Final deliverables will include five (5) hard copies of Final Diagnostic Report; and (1) electronic
copy on CD -ROM of all identified deliverables.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which
are not included m the above described basic services, are described as follows:
A. Providing renderings, model, and mock -ups requested by the Owner.
B. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by Owner or 2) due to other causes not
solely within the control of FNI.
C. Preparing applications and supporting documents for government grants, loans, or planning advances
and providing data for detailed applications.
D. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
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SC -2 OWNER
ARTICLE III
TThIE OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete services in accordance with the following schedule:
Due Date
Task 1: Meetings to identify and discuss issues related to the existing comprehensive plan, Oct. 2013
zoning and subdivision ordinances.
Task 2: Conference call to review the draft report and discuss any questions or necessary Nov. 2013
revisions.
Task 3: Conference call to discuss any remaining issues in order to finalize the report. Dec. 2013
Task 4: Joint workshop between the City Council and Planning and Zoning Commission will Jan. 2013
be held to review and gain approval from both bodies of the Final Diagnostic Report.
Submit Final Diagnostic Report Jan. 2013
Extensions/Delays: FNI will complete basic services according to the above schedule. If there are any project
extensions, time delays or additional edits/revisions beyond the January 31, 2014 deadline that is not the cause of
FNI, additional compensation will be required.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not Iimited to delays in
Owner or regulatory reviews, delays on the flow of information to be provided to FNI, governmental
approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this
AGREEMENT and in Attachment CO.
ARTICLE IV
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to
delay the services of FNI:
A. Designate in writing a person to act as Owner's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define Owner's policies and decisions with respect to
FNI's services for the Project.
B. Provide all criteria and full information as to Owner's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which Owner will require to be included in the drawings and specifications.
C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project.
D. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this AGREEMENT.
•
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Owner
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of FNI.
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SC -3 OWNER
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F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project.
G. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of
this AGREEMENT or other services as required.
H. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and Owner designate the following representatives:
Owner's Designated Representative — P. O. Box 1089, Port Arthur, Texas 77641; Phone:
Fax: email:
Owner's Accounting Representative —
FNI's Designated Representative — Shad Comeaux, AICP, 11200 Broadway St., Suite 2332, Pearland,
Texas 77584; Phone: 832 -456 -4766; Fax: 832 - 456 -4701; email sec @freese.com
FNI's Accounting Representative -- Patti Allen, 4055 International Plaza, Ste. 200, Fort Worth, Texas 76109;
Phone: 817- 735 -7466; Fax: 817- 735 -7491; email pla@freese.com
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SC-4 OWNER
ATTACHMENT CO
COMPENSATION ATTACHMENT CO
Lump Sum: Compensation to FNI shall be the lump sum of Twenty Eight Thousand Dollars ($28.560). if FNI sees the Scope of
Services changing so that additional services are needed, including but not limited to those services described as Additional
Services In Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shalt be
computed based on the Schedule of Charges.
Schedule of Charges;
Ezra= Min MAX
Professional- 1 66 124
Professional - 2 89 141
Professional - 3 114 180
Professional - 4 123 186
Professional - 5 162 231
Professional - 6 159 405
Construction Manager -1 78 92
Construction Manager - 2 90 146
Construcllon Manager - 3 124 138
Construction Manager - 4 156 216
CAD Technician/Designer -1 56 95
CAD Technician/Designer - 2 88 128
CAD Technician/Designer - 3 101 156
Corporate Project Support -1 38 100
Corporate Project Support - 2 60 153
Corporate Project Support - 3 69 304
Intern! Coop 31 81
pates for In -House Service%
Technotoav Charm! j3u1k Printing and Reproduction
$8.50 per hour Black and White $0.10 per copy
Color $0.50 per copy
Travel Plot - Bond $2.60 per plot
Standard IRS Rates Plot - Color $5.76 per plot
Plot - Other $5.00 per plot
Binding $5.76 per book
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction
expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous
expenses directly related to the work, including costs of Laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For Resident Representative services performed by non -FNI employees and
CAD services performed In-house by non -FNI employees where FNl provides workspace and equipment to perform such
services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI
employee was performing the some or similar services.
These ranges and rates will be adjusted annually.
340-22013
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CO -1 OWNER
10 -25 -07 ATTACHMENT TC
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TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the City of Port Arthur, Texas . The term FNI as used
herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As
used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT.
2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under
this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services
under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in
writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred
to the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability,
warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss ofuse of the
equipment or system, loss of anticipated profits or revenue, non- operation or increased expense of operation or other
equipment or systems.
5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available infomration
pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI
shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design
criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI
harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to
Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information
furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(All limits in thousands):
Commercial General Liability Workers' Compensation
General Aggregate $2,000 Each Accident $500
Automobile Liability (Any Auto) Professional Liability
CSL 51,000 $3,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any
subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for
cancellation ofsuch subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in
the AGREEMENT shall create any contractual relation between any subcontractor and Owner.
8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of
the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services.
FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for
reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written
verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNi, or to FNI's
independent associates or consultants, and Owner shall indenwify and hold harmless FNI and FNI's independent associates and
consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any
such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data
and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities.
Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold
harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
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FNi -� I
OWNER
3
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to
the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition
at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may
be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this
AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services,
and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further, FNI shall have
no responsibility for any pollutant during clean -up, transportation, storage or disposal activities.
10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present
day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared
by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an
experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost of labor,
material, equipment or services furnished by others or over market conditions or contractors' methods of determining their
prices.
11. CONSTRUCTION REPRESENTATION: lfrequired by the AGREEMENT, FNI will furnish Construction Representation
according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in
general if the work is proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor
to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to
Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the
supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the
work of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or
agent) at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the
capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and
limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this
AGREEMENT before the Construction Phase of the Project begins.
12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the
services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the
services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any
applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this
AGREEMENT will be added to FNI's compensation.
If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNPs
statement for services therefore, the amounts due FNi will be increased at the rate of one percent (1%) per month from said
thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under
this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges.
13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT
may include the other party to this AGREEMENT without their approval.
14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to
the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this AGREEMENT.
Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation,
moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to
the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI
from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of
services hereunder.
15. PURCHASE ORDERS: I f a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed
on the face of the Purchase Order shalt apply to this AGREEMENT. Should there be any conflict between the Purchase Order
and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict.
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FNI .yam
OWNER