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HomeMy WebLinkAboutContracts & Agreements_152-2021AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision for professional public -sector strategic planning services ("Agreement") is made and entered in this 19th day of August, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Berry Dunn McNeil & Parker, LLC, a Maine Limited Liability Company ("Consultant") City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows ARTICLE 1 — ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide professional public -sector strategic planning services for City (the "Services") 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONSULTANT 2 1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City designates Janice McConnell, Assistant City Manager, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Consultant shall perform and complete the Services in a prompt and diligent manner unless the Services are terminated earlier as provided for herein. 4.2 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff. 1 L:\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS-1 1.FY21-0018.doc.jn ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 Total compensation for Consultant's performance of the Services shall not exceed the amount of thirty nine thousand eight hundred dollars ($39,800) City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," titled "Fee / Cost Proposal" which is attached hereto and incorporated herein by reference 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section. CITY. City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org Phone (909) 798-7531 CONSULTANT. Seth D Hedstrom, Principal Berry Dunn McNeil & Parker, LLC 4722 North 24th Street, Suite 250 Phoenix, AZ 85016 Email shedstrom@berrydunn.com Phone (207) 541-2212 Fax. (207) 774-2375 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 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 listed 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 2 L:\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS-1 1.FY21-0018 doc.jn 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 B 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 primary and non-contributing to any insurance or self-insurance maintained by City 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 insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor 6.2 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 negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law; 3 L:\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS-1 1.FY21-0018.doc.jn (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the 4 L:\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS-1 1.FY21-0018.doc.jn extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8 5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. 5 L:\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS-1 1.FY21-0018.doc.jn IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS By ac Charles M Dugg , an g City Manager ATTEST e Donaldson, City Clerk BERRY DUNN MCNEIL & PARKER, LLC By Seth D Hedstrom, Principal 6 L \ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS 1 1.FY21-0018.doc.jn EXHIBIT "A" SCOPE OF SERVICES Work Plan Overview BerryDunn is flexible when it comes to development and execution of an effective work plan We understand that no two projects are exactly alike, and believe that one of the primary reasons we have been successful with similar projects is our willingness to be flexible in adapting to our clients' unique needs The overarching benefits the City can expect of our approach include • A methodology based on our extensive experience conducting similar projects • A proven yet customizable work plan to best accommodate the City's specific needs • Quality assurance processes that incorporate City review and approval of all deliverables • Built-in project management and change management best practices —focused on keeping the project on time, on budget, and progressing at a healthy pace Figure 5 presents an overview of our approach to the City's strategic planning project Figure 5 Work Plan Overview Project Initiation and Planning Details Stakeholder and Community Engagement Strategic Planning Sessions Strategic Plan, Implementation Action Plan Template, and Annual Report Template Development Below, we outline our work plan to efficiently and effectively guide the City and its stakeholders through the strategic planning process We developed this work plan based on our experience conducting similar projects and the assumption that the City's project will conclude by December 2021, in anticipation for the City's 2022 — 2024 budget development cycle. We also recognize that there are variables that could affect this timeline, therefore, we are happy to expedite or elongate the process as needed and refine our work plan details and timeline to accommodate those factors Phase 1 Project Initiation and Planning 7 L \ca\djm \Agreements\ Berry Dunn McNeil & Parker Agreement. PS 1 1 FY21-0018.doc.jn 1 1 Facilitate a project planning and discovery session We will conduct an initial project planning and discovery session with the City's project team to identify project milestones and expectations for stakeholder engagement in the strategic planning process. We will introduce key team members clarify project goals and objectives, identify known project constraints, and refine dates and/or tasks, as appropriate. We will discuss our approach for managing communications between BerryDunn and the City, as well as our approach to scope, risk, and resource management. As part of this session, we will identify stakeholder individuals and groups to include in the engagement process beyond those identified in the City's RFP if desired We will also review possible formats for the final Six -Year Comprehensive Strategic Plan These discussions will help us to refine our currently proposed Project Work Plan and Schedule. 1.2 Request and compile documentation and data. We will request and compile documentation and data that will help us better understand the City's current environment and that will inform engagement activities. Examples include. • Key performance metric data • Program descriptions and data • Past internal and external assessments • Existing City plans, including its 2014 — 2017 Strategic Plan • Previous surveys of City stakeholders, customers, residents and staff • Organizational charts and staffing detail • Budget summaries • Demographic, economic, and community data and forecasted trends from the U S Census and the U S Bureau of Labor Statistics 1.3 Develop the Project Work Plan, Schedule, and Roles and Responsibilities Agreement. Based on the information gathered from our initial project planning and discovery session, as well as from those details enclosed in this proposal, we will develop the Project Work Plan Schedule, and Roles and Responsibilities Agreement, which will outline the tasks and timelines for the strategic planning process The Project Work Plan, Schedule and Roles and Responsibilities Agreement will also address which stakeholders to include and agreed -upon procedures between BerryDunn and the City related to project control, including quality management and deliverable submission/acceptance management. After providing draft versions of these materials in advance, we will facilitate a videoconference with the City's project team to review the drafts and solicit feedback. This videoconference will introduce the City's project team to our document review process and provide an opportunity for the City to share input on a critical step in the process. We will incorporate the City's feedback and finalize the documentation before distributing it to the City in final form Deliverable 1— Project Work Plan, Schedule, and Roles and Responsibilities Agreement 1 4 Conduct Biweekly Status Meetings. Our project manager and lead facilitator, Michelle Kennedy, will conduct Biweekly Status Meetings with the City's project manager on an ongoing basis throughout the strategic planning process. Conducted via videoconference, we will use these meetings to describe the activities and accomplishments for the reporting period; plans for the upcoming month risks or issues encountered during the reporting period and anticipated problems that might impact project deliverables We will also use these meetings to highlight any work products and approaches that will contribute to deliverable development. Deliverable 2 — Biweekly Status Meetings 8 L:\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement. PS-1 1.FY21-0018.doc.jn Phase 2. Stakeholder and Community Engagement 2.1 Review and analyze existing documentation and data. We will review the documentation and data collected in Task 1.2 to help us produce an Environmental Scan that will inform community and stakeholder engagement activities 2.2 Develop the City's Social Pinpoint site. Given the current environment, we will utilize tools and technology that will help to encourage collaboration with the City and its stakeholders. One of these tools Social Pinpoint, will be customized to reflect the exact goals needs, objectives, and background for the City's strategic planning project and leveraged to encourage community engagement. We will work in collaboration with the City to help ensure its landing page is built thoughtfully and speaks to the community's culture. Additionally within this landing page, City stakeholders will have access to an external survey, idea wall, and other engagement tools that will help gather information related to the City's current environment. 2.3 Assist with communication and messaging. As part of our engagement strategy, we will assist the City with developing communication and messaging Communication and messaging will serve as a vehicle to inform stakeholders of opportunities to participate in the strategic planning process 2.4 Develop interview and survey protocols and questions, and schedule engagement activities. In order to further understand how the City's leaders, staff, customers, residents, businesses, and community stakeholders view the current environment and issues of strategic importance —and to gather additional information for the strengths weaknesses, opportunities, and threats (SWOT) analysis —our project team will develop questions and protocols to help guide interviews and surveys. We will review the questions and protocols with the City's project team to build consensus and solicit feedback before updating them to final. Some of the topics we will address in the interviews, listening sessions, and surveys are • What current and/or emerging trends have the biggest influence on where the City's efforts and resources should be focused? • What are the potential scenarios that the City should be prepared for in the coming 2 5, and 10 years? • What is the most pressing problem or concern facing the City? • What is the City's long-term vision for the lives of its residents? • What are the most important and/or critical community needs the City can address in the near future? • What opportunities could more effectively leverage the City's existing plans, efforts, resources, and capacity to achieve better outcomes for residents and businesses in terms of the City's programming service delivery, and investments across the community? • What does the City desire to address or accomplish on behalf of its residents and community businesses? In addition to developing questions and protocols we will also work with the City's project team to schedule and communicate opportunities to take part in interviews and surveys with appropriate stakeholders. Conduct interviews with the City Council and Senior Management Team. We will conduct interviews with the City Council and Senior Management Team to establish the foundation for group interviews with the City's department directors and staff The goal is to better understand the City's current environment and identify strategic opportunities to carry out its mission, the unmet needs of the community, and improvements to programming and service delivery 2.5 Conduct interviews with City stakeholders. To further our understanding of the City's current 9 L.\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS-1 1.FY21-0018.doc.jn environment gained from information -gathering activities and Interviews, and to better inform our development of a comprehensive Environmental Scan we will conduct 16 one -hour long interviews in Individual and small group formats These interviews will involve those stakeholders identified previously in collaboration with the City During these interviews, we will address topics and absorb participants' perspectives to understand the current environment, unmet needs of the community, strategic opportunities to carry out the City's mission and Improvements to programming and service delivery 2.6 Document key themes and synthesize information collected to develop the Environmental Scan We will synthesize our findings and information gathered into a highly visual and compelling slide deck to inform the upcoming strategic planning sessions The presentation will provide an overview of the City's current environment, generate excitement for the process amongst stakeholders, encourage new ideas, and foster a sense of optimism for the future We will review this slide deck with the City project team to solicit feedback before updating it to final Deliverable 3 — Environmental Scan Phase 3 Strategic Planning Sessions 3 1 Develop the meeting design and agenda for Strategic Planning Sessions 1 and 2 We will design and develop the format for Strategic Planning Sessions 1 and 2 Each session's design and agenda will guide strategic planning progress and will Include a presentation of the Environmental Scan to provide participants with a shared understanding of the City's current environment, the trends that are affecting it opportunities for the future, and key takeaways from engagement activities Each session will focus on building consensus and refining the strategic priorities identified, as well as the City's vision and key results We will review the meeting designs and agendas for each session with the City's project team before updating them to final 3 2 Facilitate Strategic Planning Session 1 and document outcomes Strategic Planning Session 1 will focus on establishing the City's vision, strategic priorities, and goals and will be guided by the previously developed meeting design and agenda, as well as the Environmental Scan We will document the outcomes of this session to review with the City project team and plan for next steps 3.3 Facilitate Strategic Planning Session 2 and document outcomes Strategic Planning Session 2 will focus on developing objectives, service levels, and key performance indicators/metrics, and will be guided by the previously developed meeting design and agenda, outcomes of Strategic Planning Session 1, and the Environmental Scan We will document outcomes of this session and review with the City project team Deliverable 4 — Strategic Planning Sessions 1 and 2 Documented Outcomes Phase 4 Strategic Plan, Implementation Action Plan Template, and Annual Report Template Development 4 1 Develop the City of Redlands' Six -Year Comprehensive Strategic Plan We will develop the City of Redlands Six -Year Comprehensive Strategic Plan in an agreed -upon format for the final document This plan will include the City's vision, strategic priorities, goals, objectives and outcome measures The plan will also include recommended future follow-up activities, as well as considerations for action and implementation planning, and the means to evaluate progress We will review the drafted City of Redlands' Six -Year Comprehensive Strategic Plan with City's project team to solicit feedback before updating it to final Deliverable 5 — City of Redlands' Six -Year Comprehensive Strategic Plan 10 L.\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS I 1 FY2 I 0018.doc.jn 4 2 Prepare and present the City of Redlands' Six -Year Comprehensive Strategic Plan We will prepare for and present the final City of Redlands' Six -Year Comprehensive Strategic Plan to the City Council to promote transparency in the process to allow an opportunity for leadership to ask questions and build understanding, and to solicit feedback on the process and its outcomes This presentation will also serve as an opportunity to provide recommended future follow-up items 4 3 Develop an Implementation Action Plan Template Using the City of Redlands Six -Year Comprehensive Strategic Plan as the foundation, we will develop a template for developing an Implementation Action Plan Once complete, this template will be provided to the City as a means to prepare for strategic planning progress We will use this template when conducting the City's implementation planning workshop (Task 4 5) Deliverable 6 — Implementation Action Plan Template 4.4 Develop an Annual Report Template In addition to the Implementation Action Plan Template, we will develop an Annual Report Template This template will be used to report on the City s annual progress towards strategic planning success It will also be used to document relevant data and prepare for budget planning Deliverable 7 — Annual Report Template 4 5 Prepare for and conduct an implementation planning workshop Using the Implementation Action Plan Template as the basis, we will prepare for and conduct an implementation planning workshop with City leadership and staff to document the actions needed to address strategic priorities and attain the City's goals and objectives in a deliberate and timely fashion Conduct project closeout activities Once the strategic planning effort is complete, we will perform closeout activities including providing the City with documentation developed and collected during the process, and conducting lessons learned and knowledge -sharing activities By conducting this task, the City will rest assured that it is equipped to continue to progress toward its vision and to successfully implement that plan even after the project is complete Details As mentioned previously, we developed our work plan based on the assumption that the City's project will conclude by December 2021 We are happy to move at the City's pace by expediting or elongating the process as needed to help ensure optimal involvement, productivity, and success during this work effort Table 1, presents our anticipated timeline by phase for the City's further review and consideration Phase 1 Phase 2 Phase 3 Phase 4 Table 1. Anticipated Timeline by Phase Month 1 Month 2 Month 3 Month 4 • • • • • • 11 L \ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS-I 1 FY21 0018.docjn EXHIBIT "B" FEE / COST PROPOSAL We are pleased to propose the following costs based on our proven approach and methodologies, extensive experience successfully conducting projects of this nature, and our strong desire to partner with the City on this important initiative Table 1 presents our proposed cost by phase for the City's consideration. Our measure for satisfying a deliverable is the City's signed acceptance That said, the City will not incur any additional costs associated with the process of reaching deliverable acceptance beyond those hours presented. Table 1 Proposed Cost by Phase lPlanned Phase ,Hours Phase 1 4 project Initiation and Planning Phase 2. Stakeholder and Community Engagement Phase 3 Strategic Planning Sessions Phase 4 Strategic Plan, Implementation Action Plan Template, and Annual Report Template Development 'Travel Expense Estimate* F Project Total :Not -to - ;Exceed Cost 22 $4,400 82 $16,300 48 $9,500 36 $6,400 $3,200 188' I$39,800 *Included in Table 1 is our travel expense estimate based upon up to two trips to the City with two BerryDunn project team members in attendance. Based on potential variables associated with travel, we will only invoice for actual travel expenses incurred 12 L:\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS-1 1.FY21-0018 doc.jn 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 insurance in this State (b) By securing from the Director of Industrial 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 Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE X 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 in accordance with the provisions of that Code, and I will comply with such provisions before commencing 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 I 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 in this certificate are true and correct. BERRY DUNN MCNEIL & PARKER, LLC By. T" Seth D Hedstroln, Principal Date 8/24/2021 13 L:\ca\djm\Agreements\Berry Dunn McNeil & Parker Agreement.PS-1 1.FY21-0018 doc.jn