Laserfiche WebLink
<br />Consulting Services Agreement between City of San Leandro and Last revised [12/12/2022] <br />Fieldman, Rolapp & Associates for Continuing Disclosure Consulting Services Exhibit E – Page 1 of 2 <br />EXHIBIT E <br /> <br /> <br />MSRB RULE G-42 ADDITIONAL DISCLOSURE <br /> <br />MSRB Rule G-42 requires that municipal advisors provide to their Clients disclosures relating to all material <br />conflicts of interest, including certain categories of potential conflicts of interest identified in Rule G-42, if <br />applicable. With respect to all aspects of the relationship between Consultant and the City, Consultant <br />adheres to its fiduciary duty to the City, which includes a duty of loyalty to the City in performing all municipal <br />advisory activities for the City. The duty of loyalty obligates Consultant to deal honestly and with the utmost <br />good faith with the City and to act in the City’s best interest without regard to any interest Consultant has or <br />may have. Consultant has a wide range of Clients, so Consultant’s success and profitability are not <br />dependent on maximizing short-term revenue generated from individual recommendations to its Issuers but <br />is instead dependent on long-term profitability based on a foundation of integrity, quality and adherence to <br />Consultant’s fiduciary duty. Furthermore, Consultant’s supervisory structure provides strong safeguards <br />against individual representatives of Consultant violating their duty due to personal interests. <br />Consultant makes the following representations to the City with regard to the Services: <br />A. Other than the compensation described in the Agreement, we have no other interest, direct or <br />indirect, that would interfere with or impair in any matter or degree the performance of our obligations. <br />During our work on the Services, we do not intend to acquire or obtain any such interest, direct or <br />indirect. If any such interest is acquired or obtained, we will immediately advise the City. <br /> <br />B. We have not provided any gift or consideration to any officer, employee or agent of the City to either <br />obtain the Agreement or any assignment from the City, including the Services. Neither our firm, nor <br />its officers or employees will provide any such gift or consideration to any officer, employee or agent <br />of the City to influence decisions with regard the Services or our obligations under the Agreement. <br /> <br />C. The City has employed or may employ Fieldman, Rolapp & Associates, Inc. (“FRA”) with regard to <br />the provision of municipal financial advisory services. This relationship has the potential to result in <br />a conflict of interest by creating an incentive for Consultant to recommend to the City a course of <br />action that would increase the City’s other business activity with FRA or conversely that would <br />discourage a course of action that would decrease the City’s business activity with FRA. The conflict <br />is mitigated by Consultant’s fiduciary duty to the City. Moreover, if Consultant makes a <br />recommendation that could influence the level of business with FRA, Consultant will consider <br />alternatives to the recommendation, which will be disclosed to the City. <br />D. At the present time, Consultant has determined, after exercising reasonable diligence, that it has no <br />known material conflicts of interest that would impair its ability to provide advice in accordance with <br />its fiduciary duty to municipal entity Issuers such as the City. To the extent any such material conflicts <br />of interest arise after the date of this disclosure, Consultant will provide information with respect to <br />such conflicts. <br /> <br />DocuSign Envelope ID: DB61E39A-1BBD-4204-8CB2-1F5770483F71DocuSign Envelope ID: B9ABEA1D-61B5-4C42-A99C-79B5E40884E3