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HomeMy WebLinkAboutContracts & Agreements_55a-2020AGREEMENT FOR CONSULTING SERVICES This Agreement for the Provision of Professional Consulting Services ("Agreement") is made and entered into this 6th day of April of 2020, ("Effective Date") by and between the City of Redlands ("City") and David Taussig and Associates, Inc d/b/a DTA ("DTA ") City and DTA are sometimes individually referred to herein as a "Party" and, together, as the "Parties " City and DTA, in consideration of the mutual promises and conditions herein contained, agree as follows ARTICLE I SERVICES TO BE PERFORMED BY DTA Section 1 1 DTA shall perform professional consulting services for the City for its Mello -Roos Community Facilities Distract ("CFD") No 2003-1 in accordance with the applicable professional standard of care, and to deliver the associated work products to City as described in the Scope of Work statement attached hereto as Exhibit "A" and incorporated herein by this reference (the "Consulting Services") Section 12 DTA shall determine the method, details, and means of performing the Consulting Services DTA may, at DTA's own expense, employ such assistance as it deems necessary to perform the Consulting Services required by City subject to section 4 3 hereof DTA shall conduct research and amve at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of City Section 13 All computer software (including without limitation financial models, compilations of formulas and spreadsheet models), inventions, designs, programs, improvements, processes and methods (collectively, the "Propnetary Models"), reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by DTA in performing its work is proprietary and shall remain the property of DTA DTA shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto Section 1 4 City acknowledges and agrees that the consideration paid by City herein only entitles City to a license to use the hard copy or electronically transmitted reports generated pursuant to the Consulting Services and that any Proprietary Model that DTA uses to generate such reports is owned by, or is duly licensed from a third party to, DTA and is not being provided to City hereunder City shall not reuse or make any modification to the hard copy or electronically transmitted reports generated pursuant to the Consulting Services without the prior written authorization of the DTA City agrees, to the fullest extent permitted by law, to indemnify and hold harmless DTA, its shareholders, officers, directors, employees and sub -consultants (for purposes of this section 1 4, collectively, "DTA") against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthonzed use, reuse or modification of the hard copy or electronically transmitted reports generated pursuant to the Consulting Services, including models, by City or any person or entity that acquires or obtains the reports from or through City without the written authorization of DTA Section 1 5 City acknowledges that DTA may have used reports and analyses that DTA authored for other cities as base works or templates for the reports and analyses prepared for City, and City acknowledges and agrees that DTA has the right to use the reports and analyses that it authors pursuant to this Agreement as base works or templates for reports and analyses that DTA 2 L lcaldi mlAgreements\DTA Agreement 2020-21 for CFD 2003-1 4.6.20.docx jn authors for DTA's other cities, provided, however, that DTA shall not use any confidential information provided by City in such future reports and analyses City acknowledges and agrees that DTA has spent substantial time and effort in collecting and compiling data and information relating to special taxes (the "Data Compilations") in connection with the Consulting Services and that such Data Compilations may be used by DTA for its own purposes, including, without limitation, sale or distribution to third parties, provided, however, that DTA will not sell or distribute any of City's confidential information that may be contained m such Data Compilations, unless such confidential information is used only on an aggregated and anonymous basis Section 1 6 Any proposed changes in the Consulting Services hereunder shall be submitted to the other Party, and any such changes agreed to by the Parties shall be reflected in an amendment to Exhibit "A" in accordance with Section 7 2 hereto. Section 1 7 Nothing in this Agreement shall give DTA possession of authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel ARTICLE II DISCLOSURES AND TERM OF CON I`RACT Section 2 1 As of the Effective Date of this Agreement, there are no actual or potential conflicts of interest that DTA is aware of that might impair its ability to render unbiased and competent advice or to fulfill its fiduciary duty If DTA becomes aware of any potential conflict of interest that arises after this disclosure, DTA will disclose the same in writing to City in a timely manner Section 2 2 DTA, a Securities and Exchange Commission ("SEC") and MSRB registered firm, does not have any legal events and disciplinary history on its Form MA and Form MA -1, which mcludes information about any criminal actions, regulatory actions, investigations, terminations, judgments, Itens, civil judicial actions, customer complaints, arbitrations and civil litigation City may electronically access DTA's most recent Form MA and each most recent Form MA -I filed with the Commission at the following website https //www sec gov/edgar/searchedgar/companysearch html Section 2 3 The term of this Agreement shall commence on its Effective Date and will continue until the earlier of (t) that day when the Consulting Services provided for herein have been performed to the reasonable satisfaction of City or (ii) until terminated as provided in Article 6 below ARTICLE III COMPENSATION Section 3 1 City shall pay DTA a professional fee computed according to the Professional Fee Schedule attached as Exhibit "B" hereto and incorporated herein by reference ("Fee Schedule") Section 3 2 City shall reimburse DTA for DTA's out-of-pocket expenses and administrative expenses by paying a charge equal to three percent (3%) of DTA's monthly billings 3 L'1caldimlAgreements\DTA Agreement 2020-21 for CFD 2003 1 4.620.docx.jn Expenses shall include all actual expenditures made by DTA in the performance of any Consulting Services including, without limitation, the following expenditures (a) Cost of clerical assistance, including typing, collation, printing and copying, plus copier and photography costs, including photographic reproduction of drawings and documents (b) Transportation costs, including mileage for the use of personal automobiles at the prevailing IRS standard rate, rental vehicles, lodging and regularly scheduled commercial airline ticket costs (c) Courier services, facsimile, and telephone expenses. Section 3 3 On or about the first two weeks of each month during which the Consulting Services are rendered, DTA shall present to City an invoice covering the current Consulting Services performed and the reimbursable expenses incurred pursuant to this Agreement Such invoices shall be paid by City within thirty (30) days of the date of each invoice A 1 2% charge may be imposed against accounts which are not paid within thirty (30) days of the date of each invoice Section 3 4 The maximum total fee amount set forth in Exhibit "B" may be increased as a result of any expansion of the Consulting Services to be rendered as provided in Exhibit "A " Section 3 5 Records of DTA's costs relating to (i) Consulting Services performed under this Agreement and (ii) reimbursable expenses shall be kept and be available to City or to City's authorized representative at reasonable intervals during normal business hours ARTICLE IV OTHER OBLIGATIONS OF DTA Section 4 1 DTA shall perform the Consulting Services in accordance with Exhibit "A," and the applicable standard of care Should any errors caused by DTA's negligence be found in such services or products, DTA will correct them at no additional charge by revising the work products called for in Exhibit "A" to eliminate the errors Section 4 2 DTA will supply all tools and instrumentalities required to perform the Consulting Services under this Agreement Section 4.3 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by DTA without the prior written consent of City However, DTA may subcontract portions of the Consulting Services to be performed hereunder to other persons or concerns provided DTA notifies City in writing of the name and address of said proposed subcontractor, and City consents in writing with respect to the use of any particular proposed subcontractor Section 4 4 In the performance of the Consulting Service, DTA is, and shall be deemed to be for all purposes, an independent contractor (and not an agent, officer, employee or representative of City) under any and all laws, whether existing or future DTA is not authorized to make any representation, contract or commitment on behalf of City 4 L IcaldjmlAgreements\DTA Agreement 2020-21 for CFD 2003 14.6.20.doex.jn Section 4 5 Neither this Agreement, any duties or obligations under this Agreement, nor the intentions or expectations of City will cause DTA to be a "public official" as that term is used in Section 87100 of Title 9 of the California Government Code City and DTA agree that DTA is not a "public official" or "participating in governmental decision" as those terms are used in Section 87100 City and DTA also agree that no actions and opinions necessary for the performance of duties under the Contract will cause DTA to be a "public official" or "participating in a governmental decision" as those terms are used in Section 87100 ARTICLE V OTHER OBLIGATIONS OF CITY Section 5 1 City shall provide full information in a timely manner regarding requirements for and limitations regarding the Consulting Services City agrees to comply with all reasonable requests of DTA and provide access to all documents reasonably necessary to the performance of DTA's duties under this Agreement with the exception of those documents which Exhibit "A" calls upon DTA to prepare Section 5 2 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by City without the prior written consent of DTA Section 5 3 DTA frequently is retained by developers, landowners, and other persons and concerns interested in development projects which often eventually lead to the preparation on a contract basis by DTA of preliminary tax spread models for government agencies to determine tax rates and other matters necessary to accomplish various improvements to realty for financing under a Mello -Roos or other financing programs In light of the foregoing, City will determine whether or not it is appropriate to conduct a "significant substantive review" or a "significant intervening substantive review" of DTA's activities conducted pursuant to this Agreement as such terms are defined in Section 18700(c)(h) of Title 2 of the California Administrative Code Should City elect to conduct such a substantive review, then City shall determine whether it has sufficient expertise on staff to conduct such a review, and, if not, will retain an independent expert consultant to review DTA's work Thereafter, City shall conduct such review, or cause such independent review to be conducted, prior to the making of any governmental decision relating to the matters contained within the Scope of Work described in Exhibit "A " The Parties do not intend and nothing in this Section 5 3 is meant to imply that DTA is a "public official," "participating in a governmental decision," or has a "financial interest" in the services provided as such terms are used in Section 87100 of Title 9 of the California Governmental Code Section 5 4 City shall provide prompt written notice to DTA if City becomes aware of any fault or defect in the Consulting Services, including any errors, omissions, or inconsistencies in DTA's Consulting Services. Section 5 5 City, public agencies, landowners, DTA and other parties dealing with City or involved in the CFD will be furnishing to DTA various data, reports, studies, computer printouts and other information and representations as to the facts involved which City understands DTA will be using and relying upon in preparing the reports, studies, computer printouts and other work products called for by Exhibit "A " DTA shall not be obligated to establish or verify the accuracy of the information furnished by or on behalf of Ctty, nor shall DTA be responsible for the Impact or effect on its work products of the information furnished by or on behalf of Ctty, in the event 5 i..\ca\d}m\Agreements\DTA Agreement 2020-21 for CFD 2003-1 4.6.20.docxjn that such information is in error and therefore introduces error into DTA's work products Section 5 6 In the event that court appearances, testimony or depositions are required of DTA by City in connection with the services rendered hereunder, City shall compensate DTA at a rate of four hundred dollars ($400) per hour and shall reimburse DTA for out-of-pocket expenses on a cost basis ARTICLE VI TERMINATION OF AGREEMENT Section 6 1 Either Party may terminate or suspend this Agreement upon thirty (30) days prior written notice Unless terminated as provided herein, this Agreement shall continue in force until the Consulting Services set forth in Exhibit "A" have been fully and completely performed and accepted by City and all proper invoices have been rendered and paid Section 6 2 Should either Party default in the performance of this Agreement or materially breach any of its provisions, the other Party at its option may terminate this Agreement by giving written notification to the defaulting Party Such termination shall be effective upon receipt by the defaulting Party, provided that the defaulting Party shall be allowed ten (10) days in which to cure any default following receipt of notice of same Section 6 3 In the event of any termination that is not the fault of DTA, City shall pay DTA, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by DTA in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination Section 6 4 Suspension and Termination for Non -Payment (i) In addition to any other provisions in this Agreement regarding breach of this Agreement, if City fails to make payments when due, DTA may suspend performance of services upon ten (10) calendar days' notice to City DTA shall have no liability whatsoever to City for any costs or damages as a result of such suspension caused by any breach of this Agreement by City Upon payment in full by City, DTA shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for DTA to resume performance (it) If City fails to make payment to DTA in accordance with the payment terms herein, and/or City has failed to cure its breach or default following a suspension of services as set forth above, this shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by DTA upon seven (7) days written notice to City (iii) Payment of invoices shall not be subject to any discounts or set -offs by City, unless agreed to in writing by DTA. Payment to DTA for services rendered and expenses Incurred shall be due and payable regardless of any subsequent suspension or termination of this Agreement by either Party Section 6 5 The covenants contained in Sections 3 1, 3 2, 4 4, 5 3, 5 4, 5 5 and all of Article VII shall survive the termination of this Agreement 6 L \ca\djmlAgreements\DTA Agreement 2020-21 for CFD 2003 i 4 6.20.docx.jn ARTICLE VII GENERAL PROVISIONS Section 7.1 Any notices to be given hereunder by either Party to the other may be affected either by personal delivery in writing or by mail Mailed notices shall be addressed to the parties at the addresses set forth below, but each Party may change the address by written notice in accordance with the first sentence of this Section 7.1. Notices delivered personally will be deemed communicated as of actual receipt Mailed notices will be deemed communicated as of two (2) days after mailing City Danielle Garcia, Director Management Services/Finance City of Redlands 35 Cajon Street, Suite 10 PO Box 3005 (mailing) Redlands, CA 92373 DTA David Taussig, President 5000 Birch Street, Suite 6000 Newport Beach, CA 92660 T 949 955 1500 F 949 480.0034 Section 7 2 This Agreement supersedes any and all agreements, either oral or written, between the Parties with respect to the rendering of the Consulting Services by DTA and contains all of the covenants and agreements between the Parties with respect to such services Each Party acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, regarding the Consulting Services which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding Any modification of this Agreement will be effective if it is in writing and signed by the Party against whom it is sought to be enforced Section 7 3 If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invaltdated to any way Section 7.4 The prevailing Party in any action brought by one Party against the other and ansing out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees, including fees for use of in-house counsel by a Party. Section 7.6 This Agreement shall be governed by and construed in accordance with the laws of the State of California Section 7 7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either City or DTA. DTA's services under this Agreement are being performed solely for City's benefit, and no other Party or entity shall have any claim against DTA because of this Agreement or the performance or nonperformance of the Consulting Services Section 7 8 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither DTA nor City, their respective officers, directors, partners, employees, contractors or sub -consultants shall be liable to the other for, or shall make, any claim 7 L lealdimlAgreements\DTA Agreement 2020-21 for CFD 2003-14.6.20.docx,jn for any incidental, indirect or consequential damages arising out of or connected in any way to the Consulting Services or to this Agreement This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other consequential damages that either Party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty Section 7 9 It is intended by the Parties that DTA's services in connection with the Consulting Services shall not subject DTA's individual shareholders, officers, directors, members, managers or employees to any personal legal exposure for the risks associated with this Consulting Services Therefore, and notwithstanding anything to the contrary contained herein, City agrees that as City's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against DTA and not against any of the individual shareholders, officers, directors, members, managers or employees. ARTICLE VIII INSURANCE AND INDEMNIFICATION Section 8 1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services Consultant shall not perform any Services unless and until the required insurance Iisted below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services 13 Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non- ownership vehicles City shall be named as an additional insured and such insurance shall be pnmary and non-contributing to any insurance or self-insurance maintained by City 8 L lealdjm\AgreementslDTA Agreement 2020-21 for CFD 2003 1 4.6.20.doex.jn D Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the msurance policies required hereby and provide City with the msurance endorsements prior to any Services being performed by the assignee or subcontractor 8 2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any neghgent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services IN WITNESS WHEREOF, this Agreement has been executed as of its Effective Date David Taussig and Associates, Inc d/b/a DTA- CITY David Taussi t'sident' ATTEST e Donaldson, City Clerk 9 L:lcaldim\Agreements\DTA Agreement 2020-21 for CFD 2003-14.6.20_docxp By�.ij Charles M Duggan, ' r wager EXHIBIT A MELLO-ROOS SPECIAL TAX ADMINISTRATION SERVICES COMMUNITY FACILITIES DISTRICT NO 2003-1 OF THE CITY OF REDLANDS SCOPE OF WORK David Taussig and Associates, Inc d/b/a DTA ("DTA") shalI provide financial consulting services to assist the City of Redlands ("City") in the administration of City's Community Facilities District ("CFD") No 2003-1 The focus of these services shall be to determine the special tax rates and to facilitate the collection of the special taxes in fiscal year 2020-21 by the County of San Bernardino The specific activities and tasks to be performed under this Scope of Work include the following. Task 1 Land Use Research This task involves determining, gathering and organizing the land use data required to apportion and collect special taxes, and includes the following subtasks 1 1 Subdivision Research Identify and obtain copies of all final tract or parcel maps for CFD No 2003-1 Determine acreage for each parcel 1 2 Development Research Review current Assessor Parcel maps to determine which parcel numbers will be valid for each fiscal year 1 3 Database Management Create automated parcel database to include all parcels. Data items will include Assessor Parcel Number, corresponding tract and lot number, acreage, and building permit issuance date Task 2 Classification of Property This task involves application of the Rate and Method of Apportionment of the Special Tax to determine the appropriate special tax classification for each parcel located within CFD No 2003-1, and includes the following subtasks 2.1 Exempt Property Identify all property owned by public agencies or entities otherwise exempt from the special tax and classify as exempt property. 2 2 Taxable Property. Identify all taxable properties and classify each as "Taxable Development Property," "Taxable Public Property" or "Taxable Property Owner Association Property " Assign each "Taxable Development Property" to the appropriate zone. Task 3 Financial Analysis This task involves calculating the Special Tax Requirement for each fiscal year and allocating it to property in CFD No 2003-1, and includes the following subtasks 3 1 Determine Special Tax Requirement Assist City with the preparation of an administrative expense budget Confirm interest and principal payments Determine any other charges or credits to tax levy 3 2 2020-21 Special Tax Rates Based on tax classifications and special tax requirement, compute the fiscal year 2020-21 special tax rates for all classifications of taxable property Task 4 Report Preparation This task includes the preparation of an Annual Special Tax Report contaming the findings of the financial analysis and an explanation of the methodology employed to apportion the special taxes for CFD No. 2003-1 Included in the report is a list of special taxes by Assessor's Parcel which can be used as the exhibit to the resolution authorizing the levy and collection of special taxes for fiscal year 2020-21 Task 5 Submittal of Special Taxes to County of San Bernardino This task involves submitting the special tax levy on or before August 10, of each year, or such other date specified by the County of San Bernardino to the Auditor -Controller for inclusion on the fiscal year 2020- 21 consolidated property tax bills The special tax levy will be submitted on magnetic tape or other media as specified by the County Task 6 Delinquent Property Owner Research This task involves the review and research of County records to determine which parcels are delinquent in the payment of property and special taxes, and includes the following subtasks 6 1 Delinquent Special Tax Report Review special tax payment information from the County of San Bernardino Determine which parcels are delinquent and the corresponding amount of delinquent special taxes Prepare report summarizing the amount of delinquent special taxes 6 2 Collection of Delinquent Special Taxes Assist City with the development of procedures to cure delinquent special taxes Assist with the preparation of demand letters as necessary. Task 7 Roll Changes and Adjusted Property Tax Bills This task involves monitoring any changes to the secured tax roll which necessitate new or adjusted property tax bills This task includes the calculation of new or adjusted bills and the preparation of requests to the County to prepare such bills Task 8 Responses to Property Owner Questions This task involves the provision of information to mdividuals and other interested parties regarding the amount and calculation of the special tax Task 9 Monthly Review of All Funds and Accounts This task involves continuous monitoring of fiscal agent financial statements for all funds and accounts for CFD No 2003-1 to assure the fiscal agent is adhering to the "Bond Indenture " Prepare monthly report of financial activity for all funds showing account balances, interest earnings and other revenues, and expenditures Task 10 Meetings DTA will attend the City Council meeting at which the resolution authorizing the levy and collection of special taxes is scheduled for adoption Task 11 CFD Disclosure This task involves assisting City meet the annual disclosure requirements and includes the following subtasks 11 1 Submit required data to the California Debt and Investment Advisory Commission each October in compliance with Section 53359 5 of the Government Code as stated in SB 1464 11 2 Provide special tax disclosure documents to City for resale properties pursuant to Section 1102 6b of the Civil Code and Section 53340 2 of the Government Code as stated in SB 1464 113 Assist City in the preparation of material required by the District Continuing Disclosure Agreement 11A Assist City in the preparation of material m compliance with Section 53411 of the Government Code as stated in SB 165 11 5 Assist City in the preparation of material in compliance with SB 1029 11 6 Assist City in the preparation of material in compliance with Section 12463 2 of the Government Code as stated in AB 2109 11 7 Assist City posting of material on City website in compliance with Section 53343 2 of the Government Code as stated in AB 1666 EXHIBIT B MELLO-ROOS SPECIAL TAX ADMINISTRATION SERVICES COMMUNITY FACILITIES DISTRICT NO 2003-1 OF THE CITY OF REDLANDS FEE SCHEDULE Professional Services Fee David Taussig and Associates, Inc d/b/a DTA shall charge the following hourly fees for services related to Tasks 1 through 11 Managing Director $220/Hour Vice President/Engineer $210/Hour Manager $200/Hour Senior Associate II $175/Hour Senior Associate I $170/Hour Associate II $165/Hour Associate I $155/Hour Research Associate II $140/Hour Research Associate I $1 15/Hour Subject to the limitations below, fees related to Tasks 1 through 11 shall not exceed $6,000 for fiscal year 2020-21 Monthly progress payments will be made by City upon presentation of invoice by DTA providing details or services rendered and expenses incurred At City's request services in addition to those identified in the Scope of Work may be provided if the total fee required to complete Tasks 1 through 11 is less than $6,000 Alternatively, if the Scope of Work can be completed for less than the maximum amount, only the hours actually expended will be billed In addition to fees for services, City will reimburse DTA for travel, photocopying, database services or materials, facsimile and telephone calls, clerical services, and other out-of-pocket expenses, in an amount not to exceed $1,000. LIMITATIONS If the maximum amount has been exceeded as a result of "extraordinary" consulting services required in connection with Task 8 or 9, such additional services in excess of the maximum shall be billed at the hourly rates listed above For the purposes of this section, services rendered in connection with Task 8 or 9 which exceed $1,000 shall be considered extraordinary Additional services other than those necessary to amend errors on the part of DTA in Tasks 1 through 11 are not covered by the maximum fee listed above EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation msurance m this State (b) By securing from the Director of Industnal Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industnal Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance m accordance with the provisions of that Code, and I will comply with such provisions before commencmg the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that 1 become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made m this certificate are true and correct David Taussig and Associates, Inc d/b/a DTA David Taussig : dent Date /7:5;7/