HomeMy WebLinkAboutItem 10 - Water and Wastewater Impact Fee UpdateMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
BRUNO RUMBELOW, ACTING CITY MANAGER ��
NOVEMBER 15, 2005
WATER AND WASTEWATER IMPACT FEE UPDATE —
ENGINEERING SERVICES CONTRACT
City Council consider approving an Engineering Services Contract with Freese &
Nichols, Inc. in an amount of $78,800.00 for the preparation of a Water and Wastewater
Impact Fee Update, authorize staff to execute said contract, and take any necessary
action.
FUNDING:
Funds are currently available and programmed as follows:
Funding Source
Account Amount
Award
Percent
Water Impact Fees
200-48930-534-6-000008WA $39,400
$39,400
50%
Wastewater Impact Fees
200-48940-534-6-000010SW $39,400
$39,400
50%
TOTAL
$78,800
$78,800
100%
Budget
Amount
Award
Percent
Engineering
$78,800
$78,800
100%
TOTAL
$78,800
$78,800
100%
BACKGROUND:
The City Water and Wastewater Impact Fees were last modified in September, 2002 in
conjunction with Land Use Plan modifications and an updated 10 -Year Capital
Improvement Plan.
Current State Law requires that the City review its impact fees every five years to
determine the need to adopt new fees or maintain the existing fees in place. Cities are
entitled to update their fees more frequently if they so choose.
Staff feels that new development trends and the resulting possible need for additional
facilities necessitates the review of the Land Use Assumptions, 10 -Year Capital
Improvements Plan and the resulting Water and Wastewater Impact Fees in advance of
the five-year requirement.
November 10, 2005 (10:30AM)
Freese & Nichols has submitted a proposal to review the Land Uses, prepare a new 10 -
Year Capital Improvement Plan and develop revised Water and Wastewater Impact
Fees. The cost of the proposal is consistent with the 2002 update.
An additional component of this proposal is to review the current and potential future
development in the Main Street Corridor. The study area will be bordered by Nash
Street on the south, Ball Street on the west, Banyan Drive on the north and Dooley
Street on the east.
The impetus for this study is the success that the City has experienced with the
redevelopment of the Main Street corridor. This success shows signs of continued
growth with the potential for Mixed Use Development at Dallas Road and at Northwest
Highway.
When the downtown master plan for water and wastewater was prepared in the mid -
1980's, Main Street was a small, sleepy little street. Since that time, Main Street has
evolved into a vibrant destination with retail shops, restaurants, wine tasting rooms and
nightlife throughout the week.
Significant redevelopment of the corridor will tax the limits of the existing water and
wastewater systems serving Main Street. In an effort to avoid any deterrence to the
development momentum we are seeing in the Main Street corridor, staff feels that an
update of the water and wastewater systems in the corridor are needed.
In close coordination with the Development Services staff, Public Works staff and
Freese and Nichols staff will develop an updated system plan for the downtown area to
insure the continued evolution.
The engineering fees for this update are eligible expenses to be included in the
calculation of the 10 -year CIP costs.
Staff recommends approval.
MSljsl
O:\agenda\11-15-05\Impact Fee Update Contract.agm
November 10, 2005 (10:30AM)
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AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF TARRANT
This AGREEMENT is entered into by the City of Grapevine, Texas, hereinafter called "OWNER" and Freese and
Nichols, Inc., hereinafter called "FNI." In consideration of the AGREEMENTS herein, the parties agree as follows:
I. 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: Water and Wastewater Impact Fee Update
II. SCOPE OF SERVICES: FNI shall render 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 not to exceed fee of $ 78,800. 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 Attachment 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 , 2005.
ATTEST: City of Grapevine, Texas
(OWNER)
ATTEST:
RAContract\2005\ Grapevine www impact fee update.doc
Freese and Nichols, Inc.
(FNI)
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
Phase 1— Land Use and Population Updates
1. Meet with OWNER's staff to review the proposed scope of services and approach to the project,
obtain additional data, and receive input. The meeting will include discussions of the following:
• A detailed review of land use plans from the last study, including input on changes to planned
land use.
• OWNER input on likely development from 2006 through 2016.
• OWNER input on current CIP plans based on staff knowledge and previous studies by outside
consultants. Include latest cost estimates and assignment of projects to developers or to the city.
• Update on projects completed since the last impact fee plan, the actual cost of construction, and
the actual date of completion.
• Service area for water and wastewater impact fees.
• Boundary changes needed for planning areas within the city.
• Information on average day and peak day water and wastewater flows for 2002 through 2005.
• Information on estimated population from 2001 through 2005.
• Schedule for development of impact fees.
• Other input from OWNER's staff.
2. Create a schedule for development of impact fees and provide it to OWNER's staff. The schedule
will include expected dates for meetings with staff, impact fee advisory committee meetings, draft
report development, public hearing on land use assumptions and capital improvements program, and
public hearing to set impact fees.
3. Meet with OWNER's planning and water staff and discuss current land use and population and
expected land use and population for year 2016 conditions and ultimate development conditions.
4. Revise planning areas for OWNER as needed. Update land use maps from the previous impact feet
study. Based on census data and OWNER input, establish population and land use by planning area
for existing (2006) conditions, 2016 conditions, and ultimate development conditions.
Phase 2 — Capital Improvements Program for Central Business District Redevelopment
1. Meet with Grapevine staff to discuss development of a detailed Capital Improvements Program for
the Grapevine Central Business District (between Ball and Dooley Streets and between Nash and
Banyan Streets). Issues to be covered include:
• Current land use
• Known proposed projects and land use types
• Information on water needs and wastewater loadings for known proposed projects.
* Information on existing water and sewer lines in the area
• Potential land use for assumed ultimate build -out conditions after redevelopment.
RAContract\2005\ Grapevine www impact fee update.doc FNI
SC -1 OWNER
2. Develop recommended water use rates by land use type for post -redevelopment land use types
identified in study area.
3. Develop recommended wastewater loading rates by land use type for post -redevelopment land use
types identified in study area.
4. Meet with City staff to discuss recommended water demands and wastewater loads for different land
use types.
5. Increase coverage of water model in study area using GIS data provided by City staff.
6. Develop water demands based on recommended water use rates and proposed land uses in study area
and distribute demands within the study area in the water model.
improvements needed to meet projected demands in study area. 7. Perform water model analysis for buildout conditions in study area. Determine water line size
8. Prepare spreadsheets to analyze wastewater capacity in study area using GIS data provided by City
staff.
9. Develop wastewater loads based on recommended wastewater loading rates and proposed land uses
in study area and distribute loads within the study area.
10. Perform wastewater analysis for buildout conditions in study area. Determine sewer line size
improvements needed to meet projected demands in study.
11. Meet with City of Grapevine staff to discuss recommended water and sewer improvements for the
study area.
12. Prepare Capital Improvement Plan (CIP) for study area including opinions of probable cost for the
approved water and sewer improvements and mapping of improvements.
Phase 3 — Impact Fee Determination
Review water and wastewater flow factors by comparing population and water use and water and
wastewater flows in recent years. Update factors as needed and develop estimated wa
conditions. ter use and
wastewater flows for existing (2006) conditions, 2016 conditions, and ultimate development
2. Use the planned CIP provided by OWNER's staff. Divide the costs for existing and planned water
and wastewater facilities among pre -2006 development, 2006-2016 development, 2016 -ultimate
development, and development outside of the impact fee service area.
3. Meet with Trinity River Authority (TRA) staff and OWNER'S staff to obtain data on the portion of
OWNER's annual costs for water and wastewater service from TRA that can be allocated to capital
improvements needed to serve 2006-2016 growth.
4. Based on projected population and land use, determine the single-family living unit equivalents
(SFLUEs) in OWNER's water and wastewater service area for current (2006) conditions, 2016
conditions, and ultimate development.
RAContract120051 Grapevine www impact fee update.doc
FNI
SC -2 OWNER
5. Determine the amount eligible for water and wastewater impact fees. Set the recommended impact
fee at no more than 50% of the amount eligible, as allowed by current state law. Develop a draft
report describing the above analyses and recommending new impact fees for OWNER. Meet with
OWNER's staff to review and discuss the draft report.
6. Hold up to four meetings with OWNER's impact fee advisory committee. The meetings shall
include:
• An introductory meeting to review the impact fee setting process and the proposed land use
assumptions.
• A meeting to review the capital improvements program prior to the public hearing on land use
assumptions and the capital improvements program.
• A meeting to review the maximum allowable impact fees and make recommendations on impact
fees prior to the public hearing on impact fees.
• One other meeting as needed.
Meetings beyond four meetings will be an additional service.
7. Holdup to two meetings with OWNER's staff, in addition to those called for in tasks 1-1, 1-3, 2-1,
2-4, 2-11, 3-3, and 3-5 above. Meetings beyond nine total meetings (2 plus those in tasks 1-1, 1-3,
2-1, 2-4, 2-11, 3-3, and 3-5) will be an additional service.
8. Attend two public hearings with OWNER's city council, one on land use assumptions and one to set
impact fees. Make presentations at the meetings if requested.
9. Provide OWNER with 25 copies of the Final Report.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER,
which are not included in the above described basic services, are described as follows:
A. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by
deposition, and preparations therefore before any regulatory agency, court, arbitration panel or
mediator.
B. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition
to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished
by FNI on a fee basis negotiated by the respective parties outside of and in addition to this
AGREEMENT.
C. Design, contract modifications, studies or analysis required to comply with local, State, Federal
or other regulatory agencies that become effective after the date of this agreement.
D. Meetings in excess of the number included in Article I.
E. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
F. Providing other work not included in Article 1.
RAContract\2005\ Grapevine www impact fee update.doc FNI
SC -3 OWNER
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT. The proposed schedule for the project is attached as ATTACHMENT SCH. FNI will
keep the OWNER informed of any changes to the proposed schedule.
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 limited 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.
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 the Project.
D. 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.
E. Provide such accounting, independent cost estimating and insurance counseling services as may
be required for the Project, such legal services as OWNER may require or FNI may reasonably
request with regard to legal issues pertaining to the Project.
F. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of
any development that affects the scope or timing of FNI's services.
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:
RAContract\2005\ Grapevine www impact fee update.doc FNI.
SC -4 OWNER
Owner's Designated Representative - Stan Laster, P.O. Box 95104; phone: 817-410-3131, fax: 817-410-
3002; email stanl@ci.grapevine.tx.us
Owner's Accounting Representative - (Name, address, telephone number, fax number, and e-mail)
FNI's Project Manager — Simone Kiel, 4055 International Plaza, Suite 200, Fort Worth, Texas 76109;
phone: 871-735-7446, fax: 817-735-7491; email sfk@freese.com
FNI's Accounting Representative — Sharon James, 4055 International Plaza., Suite 200, Fort Worth, Texas
76109; phone: 871-735-7298, fax: 817-735-7491; email sdj@freese.com
RAContract\20051 Grapevine www impact fee update.doc FNI
SC -5 OWNER
ATTACHMENT CO
COMPENSATION
COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION
A. Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of the
Schedule of Charges but shall not exceed $78,800 . 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
shall be computed based on the Schedule of Charges.
B. Schedule of Charges:
Staff Member
Resident Representative
Salary Cost Times Multiplier of 2.3
Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable
thereto) plus unemployment and payroll taxes and contributions for social security, employment compensation
insurance, retirement benefits, medical and other insurance, and other miscellaneous benefits.
Other Direct Expenses Actual, Cost Times Multiplier of 1.15
Other direct expenses shall include outside printing and reproduction expense, communication expense,
travel, transportation and subsistence away from Fort Worth 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 CAD services performed In-house by non-FNI employees where FNI
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 same
or similar services. -
Rates for In-house Services
Computer
$10.00 per hour
Plotter
Bond
Special
Testing Apparatus
Density Meter
Gas Detection
3-10-04
$ 2.50 per plot
$ 5.00 per plot
$350.00 per month
$ 10.00 per test
RAContract\2005\ Grapevine www impact fee update.doc
Printing
Black and White
$0.10 per copy
Color
$0.50 per copy
Binding
$5.75 per book
Isell
CO -1 OWNER
8-20-96 ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
I . DEFINITIONS: The term Owner as used herein refers to the . 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 ofthe 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 of use 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 information
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.
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 $1,000 $3,000 Annual Aggregate
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 of such 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.
OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution ofthe
Services provided under this AGREEMENT shall be the property ofthe 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 indemnify 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.
FNI
OWNER
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: If required 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 ofthis 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. 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 FNI's 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 ofservices hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed
on the face of the Purchase Order shall 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.
FNI
OWNER
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